not paid before a certain day (naming it,) the same will be then sold at the place where it lies, by some Bailiff of the said Court; and if such expenses be not paid before such day, or on such day, and before the sale, such lumber shall be then sold by a Bailiff of the said Court by public auction to the highest and best bidder, and out of the proceeds of the sale, all the expenses aforesaid and those of the sale, (all which expenses shall be those allowed to a Bailiff for like services under a Writ of Execution from the Circuit Court,) shall be first paid, and the remainder shall be paid over to the Treasurer of the Municipality and make part of the funds thereof; any law to the contrary notwithstanding, LI. And be it enacted, That all fines, penalties and forfeitures imposed or incurred Fines, &c., how to be for offences against this Act, and not otherwise provided for, shall be sued and sued for, and applied. recovered on the oath of one credible witness other than the informer or prosecutor, or by confession of the defendant before any one Justice of the Peace for the District wherein the offence shall have been committed, and shall be levied, as well as the costs, by Warrant under the hand and seal of the Justice of the Peace before whom the conviction of the offender or offenders shall be had, and by seizure and sale of the goods and chattels, and one half of all penalties shall go to the informer or prosecutor, whether he be or be not interested, and the other half shall be paid to the Secretary-Treasurer of the Municipal Council of the Municipality within which the offence shall have been committed. LII. And be it enacted, That for the more effectual prosecution of offences committed under this Act, all such offences may be tried, determined and punished in any District of Lower Canada where the party accused may be found; any law to the contrary notwithstanding. Offences may be tried offender is found. in District where As to Writs of Certiorari. LIII. And be it enacted, That if there be any Writ of Certiorari at any time heretofore issued, or at any time after the passing of this Act to be issued for reviewing any decision of any Justice of the Peace, rendered upon any matter growing out of the Act first above cited and repealed by this Act, or out of this Act, the Court out of which such Writ of Certiorari shall have issued shall determine the question according to law and practice, and shall award costs to the successful party. LIV. And be it enacted, That every person who shall be convicted of having wilfully False swearing, taken a false oath in a case wherein a Justice of the Peace in the due fulfilment of his perjury. duties, pursuant to this Act, may deem it necessary to administer an oath, shall incur the pains and penalties by law provided against wilful and corrupt perjury. LV. And be it enacted, That all duties relating to fences and water courses hereby Certain duties to be imposed on Surveyors of Roads shall be performed by Inspectors of fences and ditches performed by Inspec in all Parishes and Townships where such may be chosen and named by the Municipal tore, if appointed." Council, and they shall be entitled to the same remuneration and subject to the same penalties as herein provided for Road Surveyors. LVI. And be it enacted, That one copy of this Act shall be forwarded to each of the Road Surveyors for his guidance in the performance of the duties hereby required of him; and that every such Surveyor upon retiring from office shall transfer such copy of this Act to his successor in office for his guidance; and that every such Surveyor who shall retire from office and refuse or neglect to transmit such copy to his successor in office, shall incur a penalty of not less than Five Shillings currency, nor more than Ten Shillings currency. LVII. And be it enacted, That any contravention of this Act, whether by doing any thing hereby forbidden, or leaving undone any thing hereby required to be done, and for which no other penalty is hereby provided, shall be an offence by which the party guilty thereof shall incur a penalty of not more than Fifty Shillings, to be recovered with costs in the manner herein provided for the recovery of other penalties not exceeding that amount, and all parties incurring penalties under this Act, if the same be not paid immediately after judgment, may be punished by imprisonment not exceeding thirty days. Copies of this Act to be sent to Road Surveyors. Penalty for contra ventions not other wise provided for. Justices may convict on view. Justices, &c, not to determine cases in which parties are related to them, Commencement of Act. Preamble. LVIII. And be it enacted, That a Justice of the Peace having under this Act cognizance of any offence, may convict a party of such offence on the personal view of such Justice, if the offence be committed in his presence; any law, custom or usage to the contrary notwithstanding. LIX. And be it enacted, That it shall not be lawful for any Justice of the Peace, Road Surveyor, Overseer or Inspector of fences and ditches, to hear or determine any matter or case brought before them in their respective capacities wherein they may be interested either in the subject matter before them, or in the event of their determination, or in any case in which the parties litigant before them are related to them within the degree prohibited by the Law regarding witnesses in Courts of Law. LX. And be it enacted, That this Act shall come into force on the First of January one thousand eight hundred and fifty-one. Take notice that you are required to cut down, destroy and root out all the noxious weeds on your property, whether the same be oxeyed daisies, crowsfoot, thistles, wild endive, succory, and swallow-wort, or any other noxious weed whatsoever, within four days from this day, and in default of your so doing I do hereby summon and enjoin you to be and appear before Esquire, Justice of the Peace, at his house, in noon, on the day of at the hour of SCHEDULE B. Judgment of the Justice of the Peace. (Signature.) heard Be it Remembered, that having upon the complaint of him and and examined the witnesses by them produced (or visited the spot and judged upon my own view, as the case may be,) (I do hereby acquit the defendant or) I do hereby enjoin and command to pay to the said the sum of Shillings; and also a further sum of Two Shillings and Six Pence for each succeeding day during which the noxious weeds specified in the annexed complaint shall not be cut down and destroyed; the said sum of Two Shillings and Six Pence currency to be levied by distress day by day. And these are to empower and command all Bailiffs and other Peace Officers to make such distress accordingly with costs taxed at the sum of As witness my hand. CAP. XLI. (Signature.) An Act to remove doubts as to the right of parties to recover the value of Work done on Roads in Lower Canada, under Acts which have since expired. WH [ 10th August, 1850.] HEREAS divers persons employed in making or repairing Roads under the requirements and provisions of Acts of the Legislature of Lower Canada now expired, had acquired rights to sums of money secured by hypothèque, according to the said Acts, upon the lands through, upon or in front of, or near which, such Roads were laid out, and by reason of the expiration of such Acts, doubts may be entertained whether such persons can maintain suits at law for the recovery of the sums so due to them; For the removal of such doubts, Be it declared and enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council 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 the United Kingdom of Great Britain and Ireland, and 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 in all cases in which any such claims as are mentioned in the preamble to this Act, shall be made or submitted for adjudication to any Court of Justice in Lower Canada, the said Acts respectively shall be held and considered to have been and to remain in full force and virtue, in so far as may be necessary to enable any such party as aforesaid to maintain any action for labour performed or material furnished, or money expended, upon any Roads or Highways, whether such person shall make such claim in his own right as having performed the labour, furnished the materials, or expended money, or as Assignee of Some Road Commissioner, Road Surveyor, or other Road Officer, or as Assignee of any other party having performed such labour, furnished such materials, or expended such money, or caused the same to be done, in obedience to the said Acts or any of them, or to the directions of some Road Commissioner, Road Surveyor or other Road Officer, or other person who might lawfully require or authorize the performance of the labour, or the furnishing of the materials, or expenditure of the money out of which the said claim has grown, or for the recovery of which the action may have been or may be brought. CAP. XLII. An Act for the better protection of the Lands and Property of the Indians in Lower W [ 10th August, 1850. ] Appointment of a Commissioner of HEREAS it is expedient to make better provision for preventing encroachments Preamble. upon and injury to the lands appropriated to the use of the several Tribes and Bodies of Indians in Lower Canada, and for the defence of their rights and privileges: 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 the United Kingdom of Great Britain and Ireland, and 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 it shall be lawful for the Governor to appoint from time to time a Commissioner of Indian Lands for Lower Canada, in whom and in whose successors by the name aforesaid, all lands or property in Lower Canada which are or shall be set apart or appropriated to or for the use of any Tribe or Body of Indians, shall be and are hereby vested, in trust for such Tribe or Body, and who shall be held in law to be in the occupation and possession of any lands in Lower Canada actually occupied or possessed by any such Tribe or Body in common, or by any Chief or Member thereof or other party for the use or benefit of such Tribe or Body, and shall be entitled to receive and recover the rents, issues and profits of such lands and property, and shall and may, in and by the name aforesaid, be subject to the provisions hereinafter made, exercise and defend all or any of the rights lawfully appertaining to the proprietor, possessor or occupant of such land or property: Provided always, that this section shall Proviso. extend to any lands in Lower Canada now held by the Crown in trust for or for the benefit of any such Tribe or Body of Indians, but shall not extend to any lands now vested in any Corporation or Community legally established and capable in law of suing and being sued, or in any person or persons of European descent, although held in trust for or for the benefit of any such Tribe or Body. II. And be it enacted, That all suits, actions or proceedings by or against the said Commissioner shall be brought and conducted by or against him by the name aforesaid only, and shall not abate or be discontinued by his death, removal from office or resignation, but shall be continued by or against his successor in office; and that such Commissioner Suits by or against brought. Commissioner may concede, lease or charge lands, &c. Rights of individual Who shall be considered as Indians. Interpretation Act to apply. Preamble. Commissioner shall have in each District in Lower Canada, an office which shall be his legal domicile, and whereat any process, notice or like matter may be legally served upon him, and may appoint such deputy or deputies, and with such powers as he shall from time to time deem expedient, or as he shall be instructed by the Governor to do: Provided always, that no suit or proceeding shall, during one month next after the passing of this Act, be commenced or proceeded with by or against the said Commissioner or any other party, with regard to any lands or property intended to be hereby vested in him, nor shall any prescription or limitation of time within which any proceeding or thing would otherwise require to be commenced, had or done, run or avail against the said Commissioner during the term last aforesaid. III. And be it enacted, That the said Commissioner shall have full power to concede or lease or charge any such land or property as aforesaid, and to receive or recover the rents, issues and profits thereof as any lawful proprietor, possessor or occupant thereof might do, but shall be subject in all things to the instructions he may from time to time receive from the Governor, and shall be personally responsible to the Crown for all his acts, and more especially for any act done contrary to such instructions, and shall account for all moneys received by him, and apply and pay over the same in such manner, at such times and to such person or officer, as shall be appointed by the Governor, and shall report from time to time on all matters relative to his office. in such manner and form, and give such security, as the Governor shall direct and require: and all moneys and moveable property received by him or in his possession as Commissioner, if not duly accounted for, applied and paid over as aforesaid, or if not delivered by any person having been such Commissioner to his successor in office, may be recovered by the Crown or by such successor, in any Court having civil jurisdiction to the amount or value, from the person having been such Commissioner and his sureties, jointly and severally. IV. Provided always, and be it enacted, That nothing herein contained shall be construed to derogate from the rights of any individual Indian or other private party, as possessor or occupant of any lot or parcel of land forming part of or included within the limits of any land vested in the Commissioner aforesaid. V. And for the purpose of determining any right of property, possession or occupation in or to any lands belonging or appropriated to any Tribe or Body of Indians in Lower Canada, Be it declared and enacted: That the following classes of persons are and shall be considered as Indians belonging to the Tribe or Body of Indians interested in such lands: First.-All persons of Indian blood, reputed to belong to the particular Body or Tribe of Indians interested in such lands, and their descendants. Secondly. All persons intermarried with any such Indians and residing amongst them, and the descendants of all such persons. Thirdly.-All persons residing among such Indians, whose parents on either side WE CAP. XLIII. An Act to amend and continue the Ordinance for the Inspection of Fish and Oil. [10th August, 1850.] HEREAS it is expedient to amend the Ordinance of the Governor and Special Council for the affairs of Lower Canada, passed in the second year of Her Ord. L.(C. 2 Vic. (3) Majesty's Reign, and intituled, An Ordinance to provide for the Inspection of Fish and Oil, and to continue it as amended: 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 c. 65, cited. Quebec or Montreal. virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and 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 for and notwithstanding any thing in the One Inspector only in said Ordinance, one Inspector and no more shall be appointed or continue to hold office, in each of the Cities of Quebec or Montreal, but each of the said Inspectors may appoint such and so many Deputies as he may think proper, and shall be responsible for the acts of such Deputies. II. And be it enacted, That all the provisions of the fifth section of the said Ordi- Sect. 5, of the Ordinance shall apply to pickled or salted Fish of any kind, as they now apply to pickled nance extended to or salted Salmon, and as if the words "pickled or salted Fish of any kind" were inserted in the said section instead of the words "pickled or salted Salmon": Pro- Proviso. vided always, that such fish shall be branded "No. 1," "No. 2," "No. 3," or "rejected,' according to the quality thereof, No. 1 denoting the first or best quality, No. 2 the second, and No. 3 the third; and that green Codfish may be packed in barrels which have been used as flour barrels, or in any others which may be fit for carriage, provided they contain two hundred and twenty-four pounds weight of Fish over and above the weight of the salt and pickle. III. And be it enacted, That each Inspector may provide himself with a proper Inspector to have a wharf or store, and in a convenient position, for the purpose of receiving therein fish wharf or store. sent to be inspected. Inspector to attend IV. And be it enacted, That each Inspector shall be bound, when required, to go to any place in the City for which he shall have been appointed, for the purpose of when required. inspecting fish or oil, provided the quantity to be inspected shall not be less than ten casks or vessels. V. And be it enacted, That for and notwithstanding any thing in the nineteenth Fees for inspection section, or in any other part of the said Ordinance, each Inspector shall for the services and other services. hereinafter mentioned, be entitled to the fees also hereinafter mentioned and to no others For liming or whitewashing with lime the heads or butts of any vessel of : any description containing oil, Nine pence; for each cask of oil containing twenty-eight gallons inspected and branded, Six pence; for each tierce of oil Nine pence; for each hogshead of oil Ten pence, and for each puncheon of oil, One shilling; for weighing and inspecting each quintal of dried cod fish, Two pence ;for inspecting and packing each cask of green salted herrings Nine pence; for washing the said green salted herrings, Six pence per cask; for inspecting and packing each cask of salmon, Seven pence half penny; for washing the said salmon Six pence for each cask; for inspecting and packing each cask of mackarel, Seven pence half penny; and for washing the same, Six pence for each cask; for inspecting and packing each cask of shad, Seven pence half penny, and for washing the same, Six pence for each cask; for inspecting and packing each cask of green cod fish, six pence. VI. And be it enacted, That the said Ordinance as hereby amended shall be and is Ordinance to be hereby made permanent. CAP. XLIV. An Act to continue and amend the Ordinance concerning the erection of Parishes, and the construction and repairing of Churches, Parsonage Houses, and Churchyards. WHE [10th August, 1850.] permanent. HEREAS it is expedient to amend the Ordinance of the Governor and Special Preamble. the said Council, held in the second year of Her Majesty's Reign, and intituled, An Ordinance concerning the erection of Parishes and the building of Churches, Parsonage L. C. 2 Vic. (3) c. 29. Houses, and Church-yards, and to continue the said Ordinance as amended: Be it there fore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent |