competent witnesses. or as a witness, wilfully and corruptly give false evidence in any cause, suit, action, prosecution or other proceeding in the said Recorder's Court, shall be deemed guilty of wilful and corrupt peijury, and shall be liable to the penalties of wilful Who shall be and corrupt perjury; and any member of the said Council, excepting the Mayor or Councillors of the said Council then sitting in the said Court, and any member, officer or servant of the said Corporation, shall be a competent witness in any suit or prosecution that may be instituted in the said Recorder's Court, if he have no direct interest in the issue of such suit or prosecution, or be not otherwise rendered incompetent, any One witness law, usage or custom to the contrary notwithstanding; and any toll, assessment, tax, duty or impost, fine or penalty that may be sued for in the said Recorder's Court, shall be recoverable there, upon the oath of one credible witness; and any person prosecuted in the said Court, for any offence that may be heard and determined by the said Court, shall be liable to be convicted on the oath of one credible witness; Provided always, that it shall be lawful for the said Recorder, or the person doing the duties of the Recorder, to grant a delay of at least one month, and which shall not exceed three months to any defendant, on confession of judgment when the action is brought before the said Court. sufficient in certain cases in the said Court. Proviso. Recorder to be a Barrister of L.C., &c. Salary. Proviso: not to be appointed except on request of the City Council. Court may sit daily, and for what purposes. 2 V. c. 2. III. The Recorder for the said City of Quebec shall be a Barrister of Lower Canada, of not less than five years' standing, and shall be appointed by the Crown during pleasure; and such Recorder shall be ex officio a Justice of the Peace in and for the said City and District of Quebec, and shall receive a salary of not less than three hundred pounds and not more than five hundred pounds per annum, payable monthly out of the funds of the said City; Provided always, nevertheless, that the said Recorder shall not in the first instance be appointed until after the Corporation of the said City shall have communicated to the Governor of this Province, through the Provincial Secretary thereof, their opinion that such officer is required for the better conduct of the affairs of the said City, and the adminis tration of justice therein. IV. It shall be lawful for the said Recorder's Court to be held and to sit daily, and as many times as may be necessary each day, without previous notice or time fixed, to summarily hear and determine upon the case of any person offending against the provisions of the said Ordinance passed in the second year of Her Majesty's Reign, and intituled, An Ordinance for establishing an efficient system of Police in the Cities of Quebec and Montreal, or the provisions of any Act or Acts concerning assessments to be raised in the said City, or concerning markets, or against any By-law, rule, regulation or order now in force, or that may be hereafter in force in the said City; and upon the case of any vagrant, loose, idle or disorderly person, and other offenders arrested by or in charge of the the Police of the said City; and the cases of persons arrested on view, or immediately after the commission of any offence, or by warrant issued out of the said Court, or by the said Recorder, or by any Justice of the Peace for the said District : ers before the of Quebec and it shall and may be lawful for the Police or Police may Constabulary Force of the said City of Quebec, or for any other bring offendpeace officer or constable, to bring before the said Recorder's said Court. Court, or before the said Recorder, or, in case of absence as aforesaid, before his Deputy or before the Mayor, or such of the Councillors of the said City as may be appointed to act in his stead, in the City Hall of the said City, any person offending as aforesaid against the provisions of the said Ordinance, against any Act or Acts concerning assessments or markets, or against any By-law, rule, regulation or order now in force, or that may hereafter be so, in the said City, and any vagrant, loose, idle or disorderly person, and every person arrested as such, to be then and there dealt with according to law, as the said Recorder's Court, the said Recorder or his Deputy individually, or the Mayor or Councillor aforesaid, may adjudge and determine. V. All fines and penalties imposed by any By-law, rule, How certain order, or regulation, which may be in force at the time of the fines shall be passing of this Act, whether made by the Justices of the Peace recovered and applied. for the District of Quebec, before the passing of the said Ordinance to incorporate the City or Town of Quebec, or by the said Council since the passing of that Ordinance, or hereafter to be made by the said Council, and all fines and penalties imposed by this Act or any Act concerning any market or markets in the said City, or by any Act concerning any assessment, tax or duty to be raised in the said City, or by the said Ordinance, intituled, An Ordinance for establishing an efficient system 2 V. c. 2. of Police in the Ciries of Quebec and Montreal, which shall or To be sued for may be prosecuted for or recovered in the said Recorder's Court, in the name of and generally, all fines and penalties sued for, recovered, im- the Corporaposed or levied in the said Court, shall be recovered in the name of "The Mayor, Councillors and Citizens of the City of Quebec," and for the use of that Corporation, and shall belong to and form part of the general funds of the said City, and in no other name or for no other use; And it shall be lawful for the Council may said Council to remit any such fine or penalty, or to accept remit fines, or payment of any such fine or penalty from any party willing to receive them pay the same, without prosecution, and all fines or penalties cution. that may be so paid without prosecution shall form part of the general funds of the said City. tion. without prose VI. It shall be competent for the Recorder for the said City Recorder may of Quebec to hold the said Recorder's Court of the City of hold the Court Quebec, with or without the assistance, or in the presence or alone. absence of any one or more of the Councillors of the said City. Court may try VII. It shall be lawful for the said Recorder's Court to hear, certain cases try and determine any case of common assault or assault and of assault, &c. battery arising within the said City, upon complaint of the party aggrieved praying the said Court to proceed therein under this Act, in the same manner and to the same effect, and subject to the same provisions, as any Justice of the Peace may by law now summarily hear, try and determine any complaint of any such offence, and also to hear, try and determine any complaint under the Act passed in the eighteenth year of Her Majes 18 V. c. 159. ty's Reign, intituled, An Act to amend and consolidate the provi sions contained in the Ordinances to incorporate the City and Town of Quebec, and to vest more ample powers in the Corporation of the said City and Town, against any person for assaulting or resisting any officer or constable appointed under the said Act, in the execution of his duty, or for aiding or inciting any person so to assault or resist. In case ofsickness, &c. of Recorder, VIII. In case of sickness or absence of the Recorder above mentioned, a Deputy may be appointed by the Crown to act during the sickness or absence of the said Recorder, which said Governor may Deputy shall be a Barrister of Lower Canada, of not less than appoint a Deputy. Proviso. Clerk of the five years' standing, and shall be ex officio a Justice of the Peace, in and for the said City and District of Quebec, during his continuance in office as Deputy of the said Recorder, but shall not be appointed until after the Corporation of the said City shall have communicated to the Governor of this Province, through the Provincial Secretary thereof, their opinion that such an officer is required for the better conduct of the affairs of the said City and administration of justice therein. IX. It shall be lawful for the Clerk of the said Recorder's Court of Quebec, from time to time, by an instrument under his hand and seal, to be acknowledged by him before and duly deposited and filed in the office of the said Recorder's Court, and entered and recorded in the Register thereof, to appoint one fit and proper person to be and act as his Deputy in the discharge of all and every his duties as Clerk of the said Recorder's Court, and to remove any person so appointed, and appoint another in his stead; and each and every person so appointed shall at all times, while his said appointment shall remain in force and unrevoked, be to all intents and purposes a Clerk of the said Recorder's Court. X. Nothing in this Act contained shall in any manner deroRights of the Crown saved. gate from or affect, or be construed to derogate from or affect the rights of Her Majesty, Her Heirs and Successors, except in so far only as the same may be expressly derogated from or affected by the provisions of this Act. Interpretation clause. Governor. XI. The words " Governor of this Province," whenever they occur in this Act, shall be understood as meaning the Governor, or any person authorized to execute the commission of Governor within this Province for the time being; and the word "Coun- Councillors. cillor" and the word " Councillors," whenever they occur in this Act, shall be understood as meaning any member or members of the said Council of the City of Quebec, unless by the context it shall appear clearly that the words "Councillor" or "Councillors," respectively, are intended to apply exclusively to a member of the said Council, who is not the Mayor of the said City; and the words "the said Corporation," or "the Corporation. said Corporation of the City of Quebec," whenever they occur in this Act, shall be understood as meaning the said Corporation of "the Mayor, Councillors and Citizens of the City of Quebec," unless the context necessarily requires a different meaning to be given to these words; and the words "Lower Canada," whenever they occur in this Act, are to be understood as meaning and comprehending that part of the Province of Canada which formerly constituted the Province of Lower Canada; and any word or words implying the singular Gender and number, or the masculine gender only, shall be understood to number. include several matters of the same kind as well as one matter, and several persons as well as one person, and bodies corporate as well as individuals, unless it be otherwise specially provided, or there be something in the subject or context repugnant to such construction. Lower Canada. XII. This Act shall be held and taken to be a Public Act, Public Act. and as such shall be judicially taken notice of by all Judges, Justices and other persons whomsoever, without being specially pleaded. CAP. CVII. An Act to amend and consolidate as amended, the laws relative to the incorporation of the Trustees of the Kingston Hospital. WHEREAS [Assented to 1st July, 1856.] WHEREAS it is expedient to amend the laws relative to Preamble. the incorporation of the Trustees of the Kingston Hospi tal and to consolidate the same as amended: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: I. The Act passed in the Session held in the twelfth year of 12 V. c. 103, Her Majesty's Reign and intituled An Act to incorporate the repealed. Trustees of the Kingston Hospital, shall be and is hereby repealed. be constituted. II. From and after the passing of this Act, the Mayor of the How the CorCity of Kingston, for the time being, the Warden of the United poration shall Counties of Frontenac, Lennox and Addington, for the time being, the Judge of the United Counties of Frontenac, Lennox and ers. and Addington, for the time being, the Sheriff of the United Counties of Frontenac, Lennox and Addington, for the time being, one of the Medical Professors of "Queen's College" to be nominated annually by the Senate thereof, James Sampson, M. D., the Honorable John Macaulay, the Honorable John Alexander Macdonald, John R. Forsyth, Thomas Kirkpatrick, John Watkins, James Hopkirk, Thomas Askew, John Paton, William G. Hinds and James Harty, Esquires, and their successors in the manner hereinafter mentioned, shall be, within the meaning of the "Interpretation Act," a body corporate, by General pow- the name of the "Governors of the Kingston Hospital,” and as such, shall, besides the powers by the said last mentioned Act conferred upon bodies corporate or Corporations, have powerto hold the said Hospital and all the land held by or vested in the Trustees of the said Hospital, under the Act hereby repealed Hospital, &c., or in any manner whatsoever, all which and all property now vested in the Trustees of the said Hospital, shall be and are hereby vested in the Corporation as hereby constituted, which shall in law be the same Corporation with that created by the Act above cited and repealed, and shall and may be capable of receiving, taking and holding from Her Majesty, or from any person or persons, or any body corporate or politic, by grant, devise or otherwise, any lands, or interest in lands, or any goods, chattels or effects, which Her Majesty or any such person or persons, body corporate or politic, may be desirous of granting or conveying to them for the use and support of the said Hospital or for the endowment thereof. vested in it. Governors of the Hopital constituted. Governor to be informed of vacancies among the 11 Governors. How such be filled. III. The eleven persons named aforesaid, and any person who may have paid, or may hereafter pay the full sum of twenty-five pounds towards the support or endowment of the Hospital, and continue to pay thereafter, the sum of one pound yearly, on or before the first day of November in each year, shall be and are hereby made Governors of the said Hospital; and the aforementioned eleven persons shall hold office during life; and the Governors other than the eleven persons aforesaid shall hold office so long as their annual subscriptions shall be regularly paid. IV. If any one of the said eleven Governors shall die, remove from the county, resign office, or become incapable of acting from any cause, his said office shall thereby become vacant, and it shall be the duty of the Secretary to the Board of Governors (to be appointed as hereinafter provided,) to communicate such fact to the Governor of this Province. V. In the event of any vacancy, as in the last section vacancy shall mentioned, it shall and may be lawful for the Governor of this Province, in Council, to supply the said vacancy within three months after the Secretary shall communicate, as aloresaid, the fact of such vacancy, and if the said vacancy be not supplied by the Governor in Council within the period aforesaid, |