Local extent and com mencement of this Act. or in receipt of the profits of such land or in the receipt of such rent, and the same person or any other person whatsoever, (other than some person entitled to such possession or receipt in respect of an estate which shall have taken effect after or in defeasance of the estate tail,) shall continue or be in such possession or receipt for the period of twenty years next after the commencement of the time at which such assurance if it had been executed by such tenant in tail or the person who would have been entitled to his estate tail, if such assurance had not been executed, would without the consent of any other person have operated to bar such estate or estates as aforesaid, then at the expiration of such period of twenty years, such assurance shall be and be deemed to have been effectual, as against any person claiming any estate, interest or right to take effect after or in defeasance of such estate tail. XII. And be it enacted, That this Act shall extend only to that part of this Province formerly Upper Canada, and shall commence and take effect on the first day of January now next ensuing. MONTREAL :-Printed by STEWART DERBISHIRE & GEORGE DESBARATS, An Act for compensating the Families of Persons killed by Accident, and for other purposes therein mentioned. W HEREAS a [ 9th July, 1847. ] person, who by his wrongful act, neglect or default may have Preamble: caused the death of another person, should be answerable in damages for the injury so caused by him: 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, 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 whensoever the death of a person shall be caused by Action given wrongful act, neglect or default, and the act, neglect or default, is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who would have been liable if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured and although the death shall have been caused under such circumstances as amount in Law to Felony. damages for caused by any wrongful act, neglect or default. the death of any person nefit and in such action II. And be it enacted, That every such action shall be for the benefit of the wife, For whose behusband, parent and child of the person whose death shall have been so caused, and whose name shall be brought by and in the name of the Executor or Administrator of the person shall bet deceased in Upper Canada, or of the personal representative, tutor or curator, or of the brought. heir of such person deceased in Lower Canada, and in every such action the Jury may What damages give such damages as they may think proportioned to the injury resulting from such may be given. death to the parties respectively for whom and for whose benefit such action shall be brought; and the amount so recovered, after deducting the costs not recovered from the defendant, shall be divided amongst the before mentioned parties in such shares as the Jury by their verdict shall find and direct. Jury to direct the proportion in which the damages shall be divided. An Action part of the rein a duel, al III. And be it enacted, That when the death of any person or persons shall be caused by any wound or injury received in a duel, which wound or injury shall or may have been inflicted by the use of any description of Fire Arms or other deadly weapon whatsoever, then and in such case the person inflicting such wound or injury, and all persons present aiding or abetting the parties in such duel as seconds or assistants toughn shall lie on the therein presentative of a party killed action could have maintain ed by the par ty himself if he had been therein shall and may be proceeded against under the provisions of this Act, notwithstanding no action for damages could have been brought by the said person or persons whose death shall or may have been so caused had death not ensued from the infliction wounded only. of such wound or injury. IV. Provided always, and be it enacted, That not more than one action shall lie for and in respect of the same subject matter of complaint; and that every such action shall be commenced within twelve calendar months after the death of such deceased person. V. And be it enacted, That in every such action the Plaintiff on the record shall be required, together with the declaration, to deliver to the Defendant or his Attorney, a full particular of the person or persons for whom and on whose behalf such action shall be brought, and of the nature of the claim in respect of which damages shall be sought to be recovered. VI. And be it enacted, That the following words and expressions are intended to have the meanings hereby assigned to them respectively, so far as such meanings are not excluded by the context or by the nature of the subject matter, that is to say: words denoting the singular number are to be understood to apply also to a plurality of persons or things; and words denoting the masculine gender are to be understood to apply also to persons of the feminine gender; and the word " person" shall apply to bodies politic and corporate; the word "parent" shall include father and mother and grandfather and grandmother and stepfather and stepmother; and the word "child" shall include son and daughter and grandson and granddaughter and stepson and stepdaughter. MONTREAL :-Printed by STEWART DERBISHIRE & GEORGE DESBARATS, Dreo ٣٠٥١١٠ ANNO DECIMO ET UNDECIMO VICTORIÆ REGINE. CAP VII. An Act to make better provision for the establishment of Municipal W [ 28th July, 1847. 1 HEREAS it is expedient to abolish the Parish and Township Municipalities Preamble. now established by Law in Lower Canada, and to substitute County Municipalities in their stead, and to make provisions in that behalf: 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 the Act of the Legislature of Lower Canada passed in the fourth year of the Reign of King George the Fourth, intituled, An Act to repeal a certain Act therein mentioned, and to provide for the Police of the Borough of William Henry and certain other Villages in this Province; the Ordinance of the Governor and Special Council for the affairs of the late Province of Lower Canada, passed in the fourth year of Her Majesty's Reign, and intituled, An Ordinance to provide for the better Internal Government of this Province, by the establishment of local or municipal authorities therein; and the Ordinance of the said Governor and Special Council passed in the same year of the same Reign, and intituled, An Ordinance to prescribe and regulate the election and appointment of certain Officers in the several Parishes and Townships in this Province, and to make other provisions for the local interests of the inhabitants of these divisions of the Province; and the Act passed in the eighth year of Her Majesty's Reign, and intituled, An Act to repeal certain ordinances therein mentioned, and to make better provision for the establishment of local and municipal authorities in Lower Canada; and the Act passed in the ninth year of Her Majesty's Reign, and intituled, An Act to divide the municipalities of Hochelaga and of Three Rivers into distinct municipalitics, and further to provide for the support of schools and the management of local affairs therein, so far as the said Act relates to the municipality of Hochelaga, or to the establishment of the municipality of the Banlieu of Three Rivers, save and except so far as hereinafter specially provided and reserved, shall be, and the said Acts and Ordinances are, from and after the first day of September next, hereby repealed: Provided always that all Acts and Ordinances or parts of Acts and Ordinances repealed by the said Acts or Ordinances shall remain repealed: And that each Parish, Township or place which immediately before the Act of L. C. 4 Ordinances of L. C. 4 Vict. of Canada 8 Vict. c. 40, repealed. Geo. 4. c. 2, c. 3 & 4, and of Canada 9 Also the Act Vict. c. 78, in so far as relates cipality of Hochelaga and of Three-Ri to the Muni of the Banlieu vers. Proviso: Acts and Ordinan ces repealed by Proviso: Pla those aforesaid to remain re ces where im shall come into time when this Act shall come into force and effect shall be a municipality for the mediately be- purposes of the Act passed in the now last session, and intituled, An Act to repeal fore this Act certain enactments therein mentioned and to make better provision for Elementary force shall be Instruction in Lower Canada, shall, notwithstanding any thing in this Act, continue to Municipalities be deemed to be a municipality within the meaning of the said Act and for all the for the purpo- purposes thereof. ses of the School Act, 9 Inhabitants of each County incorporated their corporate name and power. FIRST PART. RURAL MUNICIPALITIES NOT BEING TOWNS OR VILLAGES. II. And be it enacted, That the inhabitants of each and every County in Lower Canada shall be a body politic and corporate, by the name of The Municipality of (naming the County, as the case may be) and by that name shall have perpetual succession, and may sue and be sued, and may or may not, as to the said Corporation shall seem meet, have a Common Seal, and shall have the power to take, hold and enjoy within the limits of such Municipality real property not exceeding the yearly value in amount of Two hundred pounds currency, and to alienate the same, and shall have all such other corporate powers, as, though not expressly mentioned in and granted by this Act, shall be Bonaventure, necessary for the due performance of the duties, and the due exercise of the powers Montmorenci, which are hereby imposed or conferred upon the Corporation; Provided always, that the Counties of Bonaventure, Montmorency, Rimouski, Saguenay, Dorchester and Beauharnois shall each be divided into and form two such Municipalities; and the Proviso: The Saguenay, Dorchester Beauharnois, may be respec- Counties of Ottawa and Gaspé each into three such Municipalities; And it shall tively divided into two dis tinet Munici palities, and the be lawful for the Governor in Council, to and for the purposes of this Act to define the local limits of such divisions, and each such division shall be a Municipality in the same manner as any County Municipality provided by this Act, and shall have and exercise and possess within such limits all and every the corporate or other powers given and granted by this Act to County Municipalities, and shall be known by the of this Act, by corporate name of The Municipality of (stating the name of the County with the into three, for the purposes the Governor in Council. Corporate name of such divisions, respectively. Each Corporation to be represented by a Council, for which two number one, two or three, as the case may be) for distinction thereof, the number one in all cases to belong to and be the number of the division containing the greater amount of population according to the last Census in Lower Canada, the number two the division next in amount. III. And be it enacted, That each of the said Corporations shall be represented by and have its duties performed and powers exercised by and through a Municipal Council, to consist of two Councillors to be respectively chosen or appointed as members shall hereinafter provided by each Parish or Township into which such County or Munici be chosen from each Parish or Township. First election of Councillors, when and where to be held. Whoshall preside at such election. pality shall be divided for the election of a member to represent the County in the Provincial Parliament, and at which a separate poll may be opened and held for that purpose under the provisions of the law in force in Lower Canada. IV. And be it enacted, That on the second Monday in the month of September now next, and at nine o'clock in the forenoon, the qualified inhabitants of each Parish or Township, shall hold a first meeting at the place at which such separate poll is required to be held according to law, at which the Senior Justice of the Peace resident in such Parish or Township, and present, shall preside, (or in default of such Justice, such person as the majority of the persons present at the meeting shall appoint,) and shall proceed |