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Lachute.

Côtean Land

ing.

Huntingdon.

County of
Montcalm.

Industry
Village.

Drummondville.

which lies to the east of the Lelievre River, together with the Townships of Bigelow and Bowman, and all those parts of the Townships of Portland and Buckingham which lie on the west side of the said Lelievre River;

3. At Lachûte, in the County of Argenteuil; the Circuit to be called the "Argenteuil Circuit," which shall comprise the whole of the County of Argenteuil ;

4. At the Village of Coteau-Landing, in the County of Soulanges; the Circuit to be called the "Soulanges Circuit," which shall comprise the whole of the said County of Soulanges;

5. At the Village of Huntingdon, in the County of Huntingdon; the Circuit to be called the "Huntingdon Circuit," which shall comprise the County of Huntingdon, and Russelltown in the County of Chateauguay;

6. At the chef-lieu or County Town of the County of Montcalm; the Circuit to be called the "Montcalm Circuit," which shall comprise the whole of the said County of Montcalm;

7. At the Village of Industry, in the County of Joliette; the Circuit to be called the "Joliette Circuit," which shall comprise the whole of the said County of Joliette, and all that part of the parish of St. Felix, de Valois which is situated in the Township of Brandon, in the County of Berthier;

8. At the Village of Drummondville, in the County of Drummond; the Circuit to be called the "Drummond Circuit," which shall comprise the Townships of Wickham, Grantham, Simpson, Wendover, and the first seven Ranges of the Township of Upton, in the said County of Drummond.

Changes made VII. No change made by this Act or by any Proclamation by Act or issued under the authority thereof, in the limits of any Circuit Proclamation established by any of the Acts here inbefore mentioned, shall not to affect pending suits. affect any action, suit or proceeding commenced in any such Circuit before the day mentioned in such Proclamation, on, from and after which any new Circuit shall be established; but the same and all proceedings and matters incident thereto, whether before or after execution, shall be continued and dealt with as if the limits of the Circuit in which such action, suit or proceeding was commenced, had not been changed or affected by this Act or by such Proclamation issued under the authority thereof.

Governor to

of Courts.

VIII. It shall be lawful for the Governor to name a Clerk for appoint Clerks each of the said Circuits so soon as the Proclamation establishing the same shall have issued, and to appoint as such Clerk the person holding the office of Circuit Clerk of any adjoining

Circuit;

Circuit; and any such Circuit Clerk so appointed for two
Circuits may appoint a Deputy for each of the said Circuits.

IX. Notwithstanding any thing contained in the said Act to Additional amend the Laws relative to the Courts of Original Civil Juris- Circuit Judge diction in Lower Canada, the total number of Circuit Judges pointed in may be apmay be ten, instead of nine, as in and by the said Act pro- L. C., notvided; and it shall be lawful for the Governor at any time after withstanding the passing of this Act, to appoint an additional Judge of the Circuit Court, who shall have and exercise all the powers in and by the said Act, and those amending the same, conferred upon the Judges of the said Circuit Court.

12 V. c. 38.

cases where

X. Notwithstanding any thing contained in the Act of the How evidence Legislature of this Province passed in the eighteenth year of in appealable Her Majesty's Reign, intituled, An Act to amend the Judica- there is no ture Acts of Lower Canada, any Judge of the Circuit Court in Resident Cir any Circuit where there is no Resident Judge, may, either in cuit Judge may be taken, Term or in Vacation, upon the application of the Plaintiff, 18 V. c. 104. Incidental Plaintiff, Opposant or Intervening Party in any appealable case, order that the evidence in such case be taken in accordance with the laws in force immediately before the passing of the said Act, which said laws are for such purposes hereby revived in so far as they may have been repealed or amended by the said Act.

XI. The eleventh Section of the Act passed in the eighteenth

year of Her Majesty's Reign, intituled, An Act to increase the Section 11 of number of sittings of the Courts of Justice within the District of 18 V. c. 166, repealed. St. Francis, and to make a more convenient arrangement thereof, is hereby repealed.

XII. This Act shall be called and known as "The Lower Short title of Canada Judicature Amendment Act of 1856."

CAP. LVI.

An Act to facilitate the Examination of Candidates for admission to the Notarial Profession in Lower

Canada.

[Assented to 19th June, 1856.]

Act.

WHEREAS great inconvenience and useless expense are Preamble.

occasioned to candidates for admission to practise as Notaries in Lower Canada, from the fact of their Articles of Clerkship frequently expiring a few days only after the meeting of the Board of Notaries of their District, thereby obliging them to wait for a period of three or four months after the expiration of their term of service in order to present themselves for examination, and also from the fact that many students have neglected to enregister the transfers of their Articles within the period required by Law: Therefore, Her Majesty, by and

Students may

be examined

at the meeting nearest

cles.

with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows:

I. Notwithstanding any thing contained in the Act of the tenth and eleventh years of Her Majesty's Reign, chaptered twenty-one, any candidate may present himself for examination the expiration and admission to the Notarial Profession, in conformity with of their arti- the law, at the regular and ordinary meeting of the Board of Notaries which shall be held within the shortest period from the expiration of his Articles of Clerkship, whether such meeting takes place before or after the expiration of the said Articles of Clerkship: Provided always, that no candidate shall, if the Board of Notaries agree thereto, be excluded from permission such expira- to present himself for examination in order to admission to the Notarial Profession, at any extraordinary or special meeting of the Board, which in the opinion of the said Board will be the nearest in date to the expiration of the Articles of Clerkship, whether the said extraordinary or special meeting takes place previous to or after such expiration.

Proviso:

Whether before or after

tion.

Transfers of

articles may be registered

within six months after

II. Any deposit and registration made by any Notarial Student within the six months next after the passing of this Act, of an authentic copy of the transfer or transfers of his Articles which may have been executed before this Act shall come into the passing of force, shall be as valid and effectual to all intents and purposes as though such deposit had been made within the period prescribed by the Act passed in the twelfth year of Her Majesty's reign, and chaptered forty-seven.

this Act.

Preamble.

CAP. LVII.

An Act to amend the Act authorizing disinterments in certain cases in Lower Canada.

W

[Assented to 19th June, 1856.]

HEREAS it is expedient to amend the Act passed in the sixteenth year of Her Majesty's Reign, intituled, 16 V. c. 174. An Act to permit of disinterments in certain cases, and for other purposes therein mentioned: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows:

General per

move all

bodies from old to new ground.

I. Whenever it shall have been determined by competent mission to re- authority of the Roman Catholic Church in Lower Canada to remove any old burial ground, or to open a new burial ground, within any parish or mission of that Church in Lower Canada, it shall be lawful for any Judge of the Superior or of the Circuit Court for Lower Canada, on a petition being presented by the Parish Priest or Missionary, and by the majority of the Church Wardens of the Roman Catholic Church or Congregation to which such old burial ground belongs, or to whose use it is

applied,

applied, to grant them a permission to cause or to allow all or any of the bodies buried in such old burial ground to be removed to such new burial ground.

II. It shall be the duty of such Parish Priest, Missionary or Register to Church Wardens, as the case may be, to cause a register to be be kept of kept of all bodies which shall be removed from such old burial such removals. ground, shewing, as far as may be possible, the names and surnames of the deceased whose bodies are so removed, and also the names and surnames of those requiring such removal, or that they were removed by order of such Priest or Missionary, and of the Church Wardens of such Church or Congregation.

III. Such register shall be certified by such Priest or Mis- Register to be sionary ministering to the Church or Congregation to which certified. such old burial ground shall belong.

IV. No application made to any such Priest or Missionary, Special applior to any such Church Wardens, for the removal of any parti- cations must cular body, shall be granted unless accompanied by an affi- be supported by affidavit. davit as required by the first section of the Act hereby amended.

V. Such affidavit may be sworn to before a Judge or Com- How such missioner for receiving affidavits, or before the Priest or Mis- affidavit shall sionary, or before any of the said Church Wardens, all of whom are hereby empowered to administer the requisite oath.

be sworn.

VI. The expression " burial ground" shall apply to any Interpretation. portion of a burial ground which shall be removed as aforesaid, and the words "Church Wardens" shall include any officers of a Roman Catholic Church or Congregation having the management of its burial ground, by whatever name they may be known.

VII. Before proceeding to any disinterment in any burial Permission for ground under this Act, permission to that effect shall be ob- disinterment tained from the Superior Ecclesiastical authority of the Roman to be obtained Catholic Diocese in which the same is situate.

CAP. LVIII.

An Act to amend the Act establishing Mutual Fire
Insurance Companies in Lower Canada.

W

[Assented to 19th June, 1856.]

from Superior Ecclesiastical Authorities.

Preamble.

HEREAS it is expedient to amend the Act of the Legislature of Lower Canada, passed in the fourth year of the Reign of His late Majesty, King William the Fourth, intituled, An Act to authorize the establishment of Mutual Fire Insurance Companies, so far as relates to double insurance, and to the 4 W. 4, c. 33.. competency of witnesses and judges in suits where Insurance Companies

Act of L. C.,

Section 23

declared to refer to per

as real pro

Companies are interested; and further to amend the said Act and other Acts relating to insurance, so far as relates to notices required to be given in certain cases: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows:

I. The provisions and enactments contained in the twentythird section of the above cited Act shall be held to include and sonal as well have reference to all property, as well personal as real, which Fire Insurance Companies, organized under said cited Act or other Acts amending the same, are allowed to insure, and to this effect shall be construed and interpreted by all Courts and Judges before whom the same shall be brought in question.

perty.

Members of Company to be competent or against it.

witnesses for

Policy need not be in du plicate, or signed by party assured.

Premium

notes may be signed by affixing usual

mark.

notices to be determined by By-law.

II. The interest any person may have in the issue of any suit or action to which any Insurance Company formed under the said cited Act or any Act or Acts amending the same, by reason of his being a member of such Insurance Company, shall not render him an incompetent witness in such suit or action on behalf or against such Company, nor shall such interest be sufficient cause for the recusation of a Judge before whom any cause to which an Insurance Company may be a party shall be heard.

III. It shall not be necessary to the validity of any Policy of Insurance which shall hereafter be issued by any Company formed under the above cited Act, or under any Act or Acts amending the same, that such Policy shall be executed in duplicate, or that such Policy shall be signed by the party assured; and whenever it shall be deemed expedient by the Directors of such Company not to execute any Policy in duplicate, the words "in duplicate" in the form (Schedule A), appended to the first cited Act, may be omitted.

IV. In cases when any party applying for insurance cannot write, the application, premium note, or any other document necessary to be signed by him, may be signed with his mark in the presence of two witnesses who shall attest the same after such application, note, or other document shall have been read to the party so making his mark as aforesaid.

Mode of pubV. It shall not be necessary that the Directors of any Comlishing certain pany shall publish by posting notices at the Church doors of the Churches of the parishes or townships in which any members of such Company may reside, the total amount of any dividend to be paid in, which shall have been declared during the year, but the mode by which such notice shall be published may be determined by the By-laws of such Company; Provided such notice shall be published in at least one newspaper within the District where the party assured resides, if there be such newspaper within the District, and if not, the same shall be published in a newspaper published nearest the residence of the party assured; and the notice so published pursuant to the

Proviso.

By-laws

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