CAP. XXXI. W An Act respecting Mining Rights. [Assented to 18th May, 1861.] HEREAS doubts have arisen as to the extent of the Preamble. rights of purchasers of mining claims and privileges severed from the soil: For remedy thereof, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: separate from 1. The sale, lease or other transfer, by the owner or grantee Sale or other of the real property, of any mining right or privilege of explo- transfer of ration for any mine, mineral, coal, oil or other mineral sub- mining rights stance, or quarry, with or without the power of working the the soil, to be mine or right of access and egress thereto and therefrom, if duly valid without registered in the Registry Office of the Registration Division actual tradition if duly within which the real estate in question is situate, shall vest registered. in the purchaser, according to his rank and priority, the property therein, to the extent expressed in the contract so registered, and he shall be as fully seized and possessed thereof as though he had obtained actual tradition and seizin, and no subsequent sale, lease or other transfer, by the owner or grantee of the real property to any third party, of the property in, upon or respecting which such first mentioned sale, lease or other transfer, by the owner or grantee of the real property, was made, shall defeat, weaken or injure the same. 2. Provided always, that the registration of any such sale, Registration lease or other transfer as aforesaid, made before the passing of of transfers this Act may be made within sixty days after the passing thereof made before the passing of with the same effect, and shall give the same rank and priority this Act, how as if such registration had been made immediately after the made. making of such sale, lease or other transfer. 3. This Act shall apply to Lower Canada only. CAP. XXXII. An Act to amend chapter sixty-eight of the Consolidated Statutes for Lower Canada, respecting Mutual Insurance Companies. [Assented to 18th May, 1861.] Act limited to THEREAS it is expedient to amend chapter sixty-eight Preamble. of the Consolidated Statutes for Lower Canada, res WE pecting Mutual Insurance Companies: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: municipality. A Company 1. The freeholders and other residents of any parish or may be formed local municipality in Lower Canada, may establish a Mutual for any local Fire Insurance Company, for the insuring of properties situated within the limits of such parish or local municipality, under the name of "The Mutual Fire Insurance Company of the Parish of or of the local municipality of and all the provisions of the said chapter sixty-eight of the Consolidated Statutes for Lower Canada, in so far as they are not inconsistent with this Act, shall apply to such Companies. Fifty persons sufficient. Notices. Annual meet ings of Companies. Power to make Proviso. Office of each Company. Act limited to 2. It shall be sufficient that fifty persons duly qualified, sign their names in the subscription book, and that the sums subscribed, for which they have bound themselves to effect insurance, amount to the sum of forty thousand dollars, or more, to enable such persons, and all others who may thereafter become members of the Company, by effecting insurance therein, in the manner prescribed by the aforesaid chapter of the Consolidated Statutes for Lower Canada, to be constituted a body politic and corporate according to the provisions of that Act. 3. The notices required to be given shall be published and posted on the door of the parish church, after Divine Service in the forenoon, on one Sunday or holiday immediately before the meeting, and not otherwise or elsewhere. 4. Annual meetings of any such Company may be held either on the day fixed by the second paragraph of the seventh section of the said chapter of the Consolidated Statutes for Lower Canada, or on any other day that may be fixed for the purpose by any by-law of the Company. 5. In addition to the rights and powers granted to such Companies, by the aforesaid Chapter of the Consolidated Statutes for Lower Canada, they shall also have power to make such rules and regulations as they shall deem necessary for the well working and proper administration thereof, and from time to time to repeal, alter and amend the same; Provided always, that the said rules and regulations shall not be inconsistent with the laws, customs and usages in force in Lower Canada. 6. Each Company, so constituted, shall have its office within the limits of the parish or other local municipality in which such Company shall be established, and at the place which shall have been selected by the board of directors; Provided always, that so soon as the directors shall have selected a place for holding their office, they shall give public notice thereof on the following Sunday. 7. This Act shall apply to Lower Canada only. CAP. CAP. XXXIII. An Act to amend the Act respecting the investigation into Accidents by Fire. W [Assented to 18th May, 1861.] HEREAS great expense in many cases is needlessly Preamble. cast upon Municipalities by investigations into acci dents by Fire being unnecessarily held: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: 1. In all cases, the party requiring any such investigation Party requir shall alone be responsible for the expenses of and attending ing it to pay such investigation. the cost. 2. No Municipality shall be liable for any such expense When only a unless the investigation be required by an instrument under the Municipality hands and seals of the Mayor or other head officer of the Muni- shall be liable. cipality, and of at least two other members of the Council thereof; and such requisition shall not be given to charge any Municipal Corporation, unless there are strong special and public reasons for granting the same. 3. No expenses of or for an adjournment of any such Inquest In what case shall be chargeable against or payable by the party or Munici- only costs of pal authorities calling for or requesting the investigation to be an adjournheld, unless it is clearly shown by the Coroner, and certified ment shall be under his hand, why and for what purpose an adjournment took place or became necessary in his opinion. 4. This Act shall apply to Upper Canada only. CAP. XXXIV. An Act to explain certain parts of chapter seventytwo of the Consolidated Statutes for Lower Canada relating to the admission of Students to the profes-· sion of Advocate. [Assented to 18th May, 1861.] allowed. Act limited to W HEREAS candidates for admission to practise as Advo- Preamble. cates in Lower Canada are frequently subjected to great inconvenience from the fact of their Articles of Clerkship expiring only the day or a few days after the meeting of the Committee of Examiners for the District, in consequence of which such condidates are obliged to wait nearly a month for their examination after the expiration of their Articles; and it is expedient to provide a remedy for such inconvenience : Therefore, Her Majesty, by and with the advice and consent of the Candidates may be exa mined at the meeting next before or after the expi ration of their articles. Application of the Legislative Council and Assembly of Canada, enacts as follows: 1. Notwithstanding any thing to the contrary in the twentyseventh, or any other section of the chapter seventy-two of the Consolidated Statutes for Lower Canada, any Čandidate for admission to practise as an Advocate may present himself for examination at the regular and ordinary meeting of the Committee of Examiners which may be held within the shortest period either before or after the expiration of his Articles; Provided, however, that such candidate so presenting himself must give the regular notice to that effect required, and that in the event of his passing the necessary examination before the expiration of his Articles, the diploma admitting him to practise shall only be executed and granted on or after the day on which such articles expire. 2. This Act shall apply to all Students now serving under Articles. CAP. XXX V. Preamble. 23 V. c. 66. An Act to amend chapter seventy-three, of the Consolidated Statutes for Lower Canada, intituled: An Act respecting the Notarial Profession. W [Assented to 18th May, 1861.] of HEREAS the Act passed in the twenty-second year Her Majesty's Reign, chapter eight, enacted that any law student who had pursued a complete and regular course of legal studies in any school or faculty of law, legally established in any college or university in Lower Canada, in conformity with the statutes of such college or university, should only be bound to serve three years of clerkship in order to be admitted to the notarial profession, after having submitted to an examination, and fulfilled the other conditions required by the law; And whereas by the Act passed in the twenty-third year of Her Majesty's Reign, chapter sixty-six, the period of clerkship was prolonged and fixed at four years, for any candidate for the notarial profession, having pursued a classical course of five years only; And whereas the said Act has been C. c. 73, s. 20. re-enacted in the Consolidated Statutes for Lower Canada, chapter seventy-three, section twenty, to the prejudice of certain candidates for the said profession, who fall within the latter category, and who, at the period of the passing of the said Act had commenced, and would have continued to pursue a course of legal studies in such schools or faculties of law as aforesaid: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: Con. Stat. L. Stat. L. C. 1. The Board of Notaries of any District may admit to the Certain StuNotarial Profession, after a clerkship of three years only, any dents may be law student for the Notarial Profession, notwithstanding that admitted notwithstanding he has not followed the regular course of studies prescribed by s. 19, of cap. the nineteenth section, chapter seventy-three, of the Consoli- 73 of Con dated Statutes for Lower Canada, in one of the Seminaries or Colleges therein mentioned, but having complied with the other conditions and formalities prescribed by law, in order to admission to the study of the Notarial Profession,-after he has submitted to an examination before the Board of Notaries for the District in which he has studied; Provided always, that Proviso: for every such law student for the Notarial Profession has com- complete menced, previous to the nineteenth day of May, eighteen course of law hundred and sixty, and pursued a complete and regular course of legal studies, in some School or Faculty of Law, legally established in any College or University in Lower Canada, in conformity with the statutes of such University or College, and obtained a certificate from the Rector, Principal, Superior or other chief officer of such College or University, setting forth that such student has really and bona fide commenced, previous to the nineteenth day of May, eighteen hundred and sixty, and pursued the complete and regular course of studies required by the twentieth section of the chapter aforesaid, and has succeeded in passing the examination required by the students of such College or University. 2. This Act shall be deemed a Public Act. CAP. XXXVI. An Act to amend the Thirteenth chapter of the Consolidated Statutes for Upper Canada, respecting the Court of Error and Appeal. HEL [Assented to 18th May, 1861.] studies. Public Act. ER Majesty, by and with the advice and consent of the Preamble. follows: 1. The fifth section of the thirteenth chapter of the Consoli- Sect. 5 of Con dated Statutes for Upper Canada is hereby repealed, and the Stat. U. C., following substituted therefor: repealed. Court. "The Governor may, by Commission under the Great Seal, New section : from time to time, appoint any retired Judge of any of the Who shall preSuperior Courts of Upper Canada to be the Presiding Judge of side in the the said Court of Error and Appeal, and failing such appointments the Chief Justice of the Court of Queen's Bench for the time being, and in his absence the Judge entitled to precedence over all the other Judges present, shall preside." CAP. |