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Preamble.

the

day of

of the clock in the

next (or instant) at noon, or at some other hour on the same day; and that there is reason to believe that great numbers of persons will be present at such Meeting; and whereas it appears expedient to us, C. D. and E. F. two (or whatever the number may be) of Her Majesty's Justices of the Peace, having Jurisdiction within the said District (or as the case may be) that, with a view to the more orderly holding of the said Meeting, and the better preservation of the public peace at the same, the said Meeting, and all persons who may attend the same should be declared within the protection of a certain Act of Parliament of the (here insert the year and chapter of this Act) intituled, An Act to provide for the calling and orderly holding of Public Meetings in this Province, and for the better preservation of the public peace thereat: Now therefore, in pursuance of the provisions of the said Act and the authority in us vested by virtue of the same, We, the said Justices, do hereby give notice of the holding of the said Meeting, and do hereby declare the said Public Meeting, and all persons who may attend the same, to be within the protection of the said Act of Parliament; of all which premises all manner of persons are hereby in Her Majesty's name most strictly charged and commanded, at their peril, to take especial notice, and to govern themselves accordingly.

Witness, our hands, at
this

day of

CAP. VIII.

in the District of
18.

C. D., J. P.
E. F., J. P.

&c.

An Act to exempt Public Officers from the expense of new Commissions, on the demise of the Crown.

W

[9th December, 1843.]

HEREAS, on the demise of the Crown, it has been customary in the late Provinces of Lower Canada and Upper Canada, to renew the Commissions to the several Public Officers and Functionaries holding office during pleasure or otherwise, at the time of such demise, to the great expense of such Functionaries and the inconvenience of the public for remedy whereof; Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament

be issued at tho commence

ment of a new Proclamation Reign; but a

public officers,

&c. in their respective Of sue and be sufficient.

fices, shail is

Parliament of the United Kingdom of Great Britain and Ireland, intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of No new ComCanada, and it is hereby enacted by the authority of the same, that hereafter, missions need upon any demise of the Crown, it shall not be necessary to renew the Commissions, nor any of them, in virtue whereof the several Public Officers or Functionaries in this Province held their respective offices or professions, under or during the previous Reign, but that a Proclamation by the Governor, or person administering continuing all the Government of the Province for the time being, authorizing and desiring all persons in office holding Commissions under the late Sovereign, and Functionaries exercising any profession in virtue of any such Commission, to continue in the due exercise of their respective duties, functions and professions, shall suffice and accordingly be issued, the Incumbents taking always the usual and customary oath of Allegiance, as soon thereafter as may be, before the proper Officer or Officers thereunto appointed; and such Proclamation being issued, and oath taken, each and every such Public Officer and Functionary may and shall continue in the lawful exercise of the duties and functions of his office or profession, as fully, to all intents and purposes, as if appointed de novo by Commission derived from the Sovereign for the time being; and that all Acts and things bonâ fide done and performed by such Incumbents in their respective offices, and in the due and faithful performance of their duties and functions, between the time of such demise and the Proclamation so to be issued, (such oath of Allegiance being always duly taken) shall be deemed and taken to be duly and legally done, and as such good and valid.

Oath of Allegiance to the Sovereign to be taken.

Acts done by such Public

Officers, &c. to be valid.

Proviso

saving the Crown.

II. Provided always, and be it enacted, that nothing herein contained shall be construed to prejudice, nor in any wise affect the rights or Prerogative of the rights of the Crown with respect to any office or appointment derived or held by authority from it, nor to prejudice or affect the rights or Prerogatives thereof in any other respect whatsoever.

САР.

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CA P. IX.

An Act further to provide for the establishment and maintenance of Common Schools, and for apportioning the fund for the support of the same, and also to grant an indemnity for the payment of certain portions of the School Monies for the year one thousand eight hundred and forty-two, and further to provide for the apportionment and distribution of the balance of the said Monies for the years one thousand eight hundred and forty-two, and one thousand eight hundred and forty-three.

W

[9th December, 1843.]

HEREAS it is expedient to make further provision for the establishment and maintenance of Common Schools throughout this Province; Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of Great Britain and Ireland, intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, that the sum of fifty thousand pounds annually, now granted by law for the maintenance and support of Common Schools in this Province, shall, from year to year, be apportioned by order of the Governor of this Province, in Council, between the divisions of this Province formerly constituting the Provinces of Upper and Lower Canada, in proportion to the relative numbers of the Population of the same, respectively, as such numbers shall, from time to time, be ascertained by the census next before taken in each of the said divisions, respectively.

II. And whereas, by reason of the laws relative to Municipal Institutions not having been carried into effect in Lower Canada aforesaid, no effectual census of the population of the said division of the Province has been lately taken; Be it therefore enacted, that until such a census shall be taken, the said sum shall be apportioned between the said divisions of the Province, in the proportion of thirty thousand pounds, currency of this Province, for Lower Canada aforesaid, and twenty thousand pounds for Upper Canada.

III. And whereas it has been communicated by His Excellency the Governor General, by Message, during the present Session, to both Houses of the Provincial Parliament, that for certain reasons therein mentioned, the School Monies

appropriated

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appropriated by law, for the year one thousand eight hundred and forty-two, could not be apportioned and paid in Lower Canada, and also partly in Upper Canada, to the full amount thereof, nor in the exact manner prescribed by law, but that the said Monies have been apportioned and paid in the manner set forth in the said Message and accompanying Documents, under certain orders of the Governor in Council, of the thirteenth day of January, the sixteenth day of March, the fourth day of April, and the seventeenth day of August, in the year one thousand eight hundred and forty-three, to the amount of eighteen thousand and fifty-eight pounds, fourteen shillings and five pence and one farthing, currency, for Upper Canada, and of nine thousand seven hundred and ninety pounds, seven shillings and six pence, currency, for Lower Canada, and it is expedient to cover the said payments by legislative enactment; Be it therefore enacted, that all persons whomsoever, in any manner concerned in advising, directing or making the apportionment, disposition and payment of the Common School Money, in accordance with the aforesaid orders in Council, shall be held fully harmless and indemnified for all acts advised or done by them therein, any thing in the Act, passed in the Session held in the fourth and fifth years of Her Majesty's Reign, and intituled, An Act to repeal certain Acts therein mentioned, and to make further provision for the establishment and maintenance of Common Schools throughout the Province, in any wise notwithstanding; and the apportionment and payments so made shall be held to have been made according to law, to all intents and purposes whatsoever: Provided always, that all persons entrusted with the distribution thereof in the various Districts, Counties, and other Sub-divisions of the Province, shall duly account for the same.

Indemnity to persons having advised or actorders in Counin the said Message.

cil mentioned

Proviso.

Preamble,

Governor in Council autho

IV. And whereas, the sum appropriated for the establishment and maintenance of Common Schools, according to the said Act, for the year of our Lord one thousand eight hundred and forty three, has not yet been apportioned or distributed; and whereas it is impossible to apportion and distribute a large portion of the same according to the said Act; Be it therefore enacted, that it shall and may be lawful for the Governor of this Province in Council to make division and rized to apportion the Comapportionment of the said sum for the year of our Lord one thousand eight hunmon School dred and forty-three, or of part thereof, in such manner as may be provided by monies for any Act of the Legislature of this Province during the present Session, or in default thereof, as shall in the opinion of the Governor in Council be justly and equitably apportionable for such Schools as may be entitled to the same, according to the true intent and spirit of the Act above mentioned.

1813.

V. And be it enacted, that all the balance of the said Common School Money And also any for the said two years, which shall remain undistributed and unapportioned in balance of the each section of the Province respectively, for the years one thousand eight hun- the years 1842

said monies for

dred & 1843.

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dred and forty-two and one thousand eight hundred and forty-three, shall be distributed and apportioned under the orders of the Governor and Council, according to any Act which may be provided in that behalf during the present Session of the Legislature, or in default thereof, as may appear to the Governor in Council just and equitable, in aid of the building of School Houses, or for other Common School purposes, in the several counties or other territorial divisions of Upper Canada and of Lower-Canada, respectively.

VI. And be it enacted, that the word "Governor " wherever it occurs in this Act, shall be construed to apply to the person administering the Government of this Province.

VII. And be it enacted, that the due application of all monies to be applied or expended under the authority of this Act, shall be accounted for to Her Majesty,Her Heirs and Successors, in such manner and form as Her Majesty, Her Heirs and Successors may direct; and the accounts for the same shall also be laid before each branch of the Provincial Legislature during the first fifteen days of each Session thereof.

Preamble.

CAP. X.

An Act to repeal an Ordinance of Lower Canada, intituled, An Ordinance concerning Bankrupts, and the administration and di:tribution of their estates and effects," and to make provision for the same object throughout the Province of Canada.

W

[9th December, 1843.]

HEREAS it is desirable to repeal a certain Ordinance of the Governor and Special Council of the Province of Lower Canada, passed in the second year of Her Majesty's Reign, intituled, An Ordinance concerning Bankrupts, and the administration and distribution of their estates and effects," and to provide, by a general law of this Province, for the discovery and securing of the estates and effects of bankrupts, for the benefit of their creditors, and for the administration and distribution thereof, and also for the relief of such traders as shall, without any fraud or gross misconduct, have become unable to pay all their debts in full, and who shall have made a full disclosure and discovery of all their estates and effects, as hereinafter required; Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council

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