amount therein shewn to be in the hands of the Defendant, as a debt due to the Crown, saving to the Defendant the right to plead and give in evidence all such matters as may be legal

and proper for his defence; but such Defendant shall be liable Liability of to the costs of such information or proceeding, whatever be the Defendants to judgment therein, unless he shall prove that before the time costs. limited in such notification he had paid over or applied and duly accounted for the money therein mentioned, and transmitted the proper vouchers with such account, or unless he be sued in a representative character, and be not personally liable for such money, or to render such account.

XVIII. Whenever any such Officer or Person as aforesaid Proceedings shall have transmitted an Account, either before or after notifi- against percation as aforesaid, but without vouchers or with insufficient sons transmitting accounts vouchers for any sum for which he shall therein take credit, the without suffiInspector General may notify such Officer or Person, in the cient vouchers. manner mentioned in the next preceding Section, to transmit vouchers, or sufficient vouchers, within thirty days after the service of the notice; and if such vouchers be not transmitted within that time, the Inspector General may state an account against such Officer or Ferson, disregarding the sums for which he may have taken credit but for which he has transmitted no vouchers or insufficient vouchers, and deliver a copy of such Account to the Attorney or Solicitor General, and such copy shall be sufficient evidence to support an information or other proceeding for the recovery of the amount therein shewn to be in the hands of the Defendant, saving to the Defendant the right to plead and give in evidence all such matters as may be legal and proper for his defence; but such Defendant shall be Liability of liable to the costs of such information or proceeding, whatever Defendants to be the judgment therein, unless the vouchers he shall have costs. transmitted within the time limited by the notice served on him, or before such service, shall be found of themselves sufficient for his defence, and for his discharge from all sums demanded of him: the said notice shall be served and the Sheriff's return of service shall be of the like effect as provided in the next preceding Section with regard to the notice therein mentioned.

XIX. If by reason of any malfeasance, or of any gross care- Persons emlessness or neglect of duty, by any Officer or Person employed ployed to colin the collection or management of the Revenue, or in collect- lect Public Money to be ing or receiving any moneys belonging to the Crown, for the responsible for public uses of the Province, any sum of money shall be lost to losses from the Crown, such Officer or Person shall be accountable for sance or gross such sum as if he had collected and received the same, and it neglect, &c. may be recovered from him on proof of such malfeasance, gross carelessness or neglect, in like manner as if he had so collected and received it.

their malfea

XX. If any officer or person shall have received public money Unapplied for the purpose of applying it to any specific purpose, and Public Money

shall

to be payable

back to the Receiver General on

neral.

shall not have so applied it within the time or in the manner provided by law, or if any person having held any public office and having ceased to hold the same, shall have in his demand of the hands any public money received by him as such officer for the Inspector Ge- purpose of being applied to any specific purpose to which he shall not so have applied it, such officer or person shall be deemed to have received such money for the Crown for the public uses of the Province, and may be notified by the Inspector General to pay such sum back to the Receiver General, and the same may be recovered from him as a debt to the Crown, in any manner in which debts to the Crown may be recovered, and an equal sum may in the meantime be applied to the purpose to which such sum ought to have been applied.

Recovery if not so paid.

Board of Au

dit may examine persous on oath.

Board of An

the Superior

Courts in

of the Pro

vince.

XXI. The said Board of Audit shall have full power and authority to examine any person on oath or affirmation on any matter pertinent to any Account submitted to it for Audit, and such oath or affirmation may be administered to any person by any Member of the Board.

XXII. Any Member of the Board may on behalf thereof apply, dit may obtain in term or in vacation, to any Judge of the Superior Court for subpoenas from Lower Canada, or of either of the Superior Courts of Law in Upper Canada, for an order that a subpoena be issued from the either portion said Court, commanding any person therein named to appear before the said Board at the time and place mentioned in such subpoena, and then and there to testify to all matters within his knowledge relative to any Account submitted to the said Board, and (if the Board so desire) to bring with him and produce to the Board any document, paper or thing which he may have in his possession relative to any such Account as aforesaid; and such subpoena shall issue accordingly upon the order of such Judge; and any such witness may be summoned from any part of this Province whether within or without the ordinary jurisdiction of the Court issuing the subpoena, in like manner as witnesses may be so summoned in civil suits.

Board may

XXIII. If by reason of the distance at which any person appoint Com whose evidence is required by the said Board shall reside from missioners to the place where its Sittings are held, or for any other cause, the about accounts Board shall deem it advisable, they may issue a Commission, to be audited under the hands and seals of any two Members of the Board, by it.

take evidence

to any Officer or Person there in named, empowering him to take such evidence, and report the same to them; and such Officer or Person, being first sworn before some Justice of the Peace faithfully to execute the duty entrusted to him by such Commission, shall, with regard to such evidence, have the same powers as the Board or any Member thereof would have had if such evidence had been taken before them, and may, in like manner, apply to and obtain from any Judge of the Courts aforesaid a subpoena for the purpose of compelling the

attendance

attendance of any person, or the production of any document, paper or thing before him; and such subpoena shall issue accordingly on the order of such Judge, or such subpoena may issue on the application of any Member of the said Board, to compel such attendance, or the production of any document, paper or thing before such Commissioner.

obey any such

XXIV. If any person summoned in the manner hereinbefore Penalty on provided to attend before the said Board of Audit or any Com- persons remissioner appointed as aforesaid, shall, without valid excuse, fail fusing to to attend accordingly, or, being commanded to produce any subpœna. document, paper or thing in his possession, shall fail to produce the same,—or shall refuse to be sworn or to answer any lawful and pertinent question put to him by the Board or by such Commissioner, such person shall, for each such offence, forfeit the sum of Twenty Pounds to the Crown, for the public uses of the Province, to be recovered in any manner in which debts due to the Crown can be recovered, and may likewise be dealt with by the Court out of which the subpoena issued, as having How recoverrefused to obey the process of such Court, and as being guilty of a contempt thereof.

able.

XXV. Nothing in this Act shall be construed to weaken or Act not to impair any remedy which the Crown now has for recovering or impair any remedy given enforcing the payment or delivering of any money or property to the Crown belonging to the Crown, for the public uses of the Province, and by 8 V. c. 4. in the possession of any Officer or Person whomsoever, by virtue of the Act passed in the eighth year of Her Majesty's Reign, and intituled, An Act to provide for the Management of the Customs and of matters relative to the Collection of the Provincial Revenue, or by virtue of any other Act or Law, or to repeal or impair the effect of any provision of the Act last cited.

CAP. LXXIX.

An Act to abolish Postage on Newspapers published within the Province of Canada, and for other purposes connected with the Post Office Department of this Province.

[Assented to 19th May, 1855.]

WHEREAS WHEREAS papers devoted to the advancement of Educas Frenble. tion, Temperance, Science, Agriculture and other special objects, are now exempt from postage; And whereas it would further materially aid the diffusion of useful knowledge to remove all postal restrictions on the transmission of Newspapers in general, published within this Province, and of all documents printed by order of either House of Parliament: 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,

Canadian

Newspapers to pass free.

Limitation of salaries repealed.

New limitation.

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, as follows:

I. All Newspapers published within the Province of Canada, shall be transmitted by mail free of Postage.

II. So much of the fourth section of the Post Office Act, as limits the salary and emoluments of any Officer of the Post Office Department (except the Postmaster General) to four hundred pounds per annum, is repealed; and the total salary and emoluments of any Officer of the said Department (except the Postmaster General) shall not exceed the sum of five hundred pounds per annum : Provided always, that so long as W. H. Grittir. William Henry Griffin, Esquire, shall hold his present office of Chief Secretary of the Post Office Department, he shall be paid at the rate of six hundred pounds per annum.

Proviso as to

Limitation of

number of

Inspectors, repealed.

Certain Departmental mailable matter to pass

free.

Letters to and

of Parliament,

III. So much of the sixteenth section of the Act passed in the Session held in the fourteenth and fifteenth years of Her Majesty's Reign, intituled, An Act to amend the Post Office Act, as limits the number of Inspectors of Post Offices, is repealed.

IV. All Letters and other mailable matter addressed to or sent by the Governor of this Province, or sent to or by any Public Department at the seat of Government, shall be free of Provincial Postage under such regulations as may be directed by the Governor in Council.

V. All Letters and other mailable matter addressed to or

from members sent by the Speaker or Chief Clerk of the Legislative Council in session, &c., or of the Legislative Assembly, or by or to any Member of to pass free. either of said branches of the Legislature during any Session of the Legislature, shall be free of Provincial Postage.

Public documents, &c.,

may be sent

VI. All public documents and printed papers may be sent by the Speaker or Chief Clerk of the Legislative Council or of free to mem- the Legislative Assembly, to any Member of either of the said bers in recess. branches of the Legislature of Canada, during the recess of Parliament, free of Postage.

And Members may send them free.

Repeal of inconsistent provisions.

Commence

VII. Members of either branch of the Legislature of Canada may send during the recess of Parliament by mail, free of Postage, all papers printed by order of either branch of the Legislature of Canada.

VIII. So much of either of the Acts above cited as may be inconsistent with the foregoing provisions is repealed.

IX. This Act shall come into effect on and after the first day ment of Act. of July, eighteen hundred and fifty-five.

САР.

CAP. LXXX.

An Act to facilitate the negociation of
of Municipal
Debentures.

[Assented to 19th May, 1855.]

HEREAS it is expedient to facilitate the negociation of Preamble. Municipal Debentures: 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, as follows:

bearer to be

I. Any Debenture heretofore issued, or which may hereafter Debentures be issued, under the formalities required by law, by any Muni- payable to cipal or Provisional Municipal Corporation, payable to any transferable person or persons named therein or bearer, or payable to bearer, by delivery. shall be held to have been and to be transferable by delivery, from the time of the issue thereof, and such transfer shall be held to have vested and to vest absolutely the property thereof in the holder thereof for the time being, and to enable such holder to bring and maintain an action thereupon in his own

name.

person or to

II. Any Debenture heretofore issued or which may hereafter Debentures be issued, under the formalities as aforesaid, by any Municipal payable to any or Provisional Municipal Corporation, payable to any person order to be or persons, or to any person or persons or order, shall be held to transferable have been and to be (after general endorsation thereof, by such by general person or persons) transferable by delivery from the time of the endorsement general endorsation thereof, and such transfer shall be held to have vested and to vest absolutely the property thereof in the holder thereof for the time being, and to enable such holder to bring and maintain an action thereupon in his own name.

and delivery.

prove in a suit

III. In any suit or action upon any such Debenture as afore- What it shall said, it shall not be necessary to set forth in the declaration or be sufficient other pleading, or to prove, the mode by which any person to allege and became the holder of such Debenture, or to set forth or to prove upon a Debenthe notices, by-laws, or other proceedings on or by virtue of ture. which any Debenture may have been issued, but it shall be sufficient in such pleading to describe such person as the holder of the said Debenture (alleging the general indorsation if any) and shortly to state its legal effect and purport, and to make proof accordingly.

IV. Any such Debenture issued under the formalities re- Debenture not quired by law as aforesaid, shall be valid and recoverable to impeachable

the