Cemetery from the City of Montreal and from the Côte des Neiges road, according to the provisions hereinafter contained for acquiring the same; and to dig, take, and carry away stone, Powers for gravel, sand, earth, and other like materials from any adjoining that purpose. or neighbouring lands, and also to cut, make and keep in repair, upon such adjoining or neighbouring lands such ditches, drains and water courses as may be necessary for the effectual draining and carrying off the water from the said Cemetery, and the roads leading thereto; and for the purposes aforesaid, the said Company, and their agents, servants and workmen, are hereby authorized and empowered to enter into and upon the lands and grounds of any person or persons, body or bodies, corporate or politic.

paid in case

not agree.

XXVI. If the owner or owners, occupier or occupiers of any Arbitration lands which the said Company may be desirous of acquiring for settling for the purposes aforesaid, or from which materials are to be amount to be taken, shall, upon demand made by the Trustees of the said Company and Company, neglect or refuse to agree upon the price or amount proprietor do of damages to be paid for such land, and the appropriation thereof to the use of the said Company, or for the exercise of any such powers as aforesaid, it shall and may be lawful for the said Company to name one arbitrator, and for the owner or occupier of such land so required, or with regard to which such power is intended to be exercised as aforesaid, to name another arbitrator, and for the said two arbitrators to name a third, to arbitrate upon, adjudge and determine the amount which the said Company shall pay before taking possession of such land, or exercising such power as aforesaid; and upon such sum being ascertained, due attention being had by the arbitrators in ascertaining the same to the benefits to accrue to the party requiring compensation, it shall be lawful for the said Company Company to to tender such sum to the said party claiming compensation, pay or tender who shall thereupon execute a conveyance to the said Com- awarded, and pany, or such other document as may be requisite, and the said may then Company shall after such tender, whether such conveyance or exercise the document be executed or not, be fully authorized to enter upon tion. and take possession of such land to and for the uses of the said Company, and to hold the same, or to exercise such powers as aforesaid, in such and the like manner as if such conveyance thereof or other document had been executed as aforesaid : Provided always, That if such owner or occupier shall neglect Proviso: in to name an arbitrator for the space of twenty days after having default of apbeen notified so to do by the said Company, or if the said two Arbitrator or arbitrators do not agree upon such third arbitrator within twenty third Arbitradays after the appointment of the second arbitrator, then upon the application of the said Company, or of the other party, a Judge shall nominate the second or third arbitrator, in lieu of the one so to be appointed and named, but not appointed or agreed upon by the party or the two first named arbitrators

Circuit

amount

right in ques

pointment of

tor.

as aforesaid; and any award made by the majority of the said Award of arbitrators shall be as binding as if the three arbitrators had majority bindconcurred in and made the same.

XXVII.

ing.

Appointment of Arbitrator

on the part of absentees, or

unknown proprietors.

XXVII. Whenever any lands or grounds required by the said Company for the purposes aforesaid are held or owned by any person or persons, bodies politic, corporate, or collegiate whose residence may not be within this Province, or unknown to the said Company, or where the titles to any such lands or grounds may be in dispute, or when the owner or owners of such lands or grounds are unable to treat with the said Company for the sale thereof, or to appoint arbitrators as aforesaid, it shall and may be lawful for the said Company to nominate one indif ferent person, and for a Circuit Judge, having jurisdiction in the District of Montreal, on the application of the said Company, to nominate and appoint one other indifferent person, who together with one other person, to be chosen by the persons so named before proceeding to business, or in the event of their disagreeing as to the choice of such other person, to be appointed by any such Judge as aforesaid, before the others proceed to business, shall be arbitrators, to award, determine, adjudge, and order the respective sums of money, which the said Company shall pay to the respective parties entitled to receive the same, for the said lands or damages as aforesaid, and the decision of the majority of such arbitrators shall be binding; which said amount so awarded, the said Company shall pay or cause to be paid to the several parties entitled to the same when demanded and in any case under this Act, where there Award in cer- shall be no deed conveying the property in question to the Comstand in place pany, a record of the award or arbitration shall be made up and signed by the said arbitrators, or a majority of them, specifying the amount awarded and the cost of such arbitration, which may be settled by the said arbitrators or a majoriy of them, which record shall be registered in the Registry Office for the Costs of arbi- County of Montreal; and that the expenses of any arbitration under this Act, shall be paid by the said Company, and by them deducted from the amount of such award, if the Com pany shall, before the appointment of their arbitrator, have tendered an equal or greater sum than that awarded by the arbitrators, and otherwise by the opposite parties, and the arbitrators shall specify in their award by which of the parties the said costs are to be paid.

Payment of

amount awarded.

tain cases to

of a Deed.

tration how

paid.

Interpretation clause.

Proviso.

XXVIII. In construing this Act, words importing the mas culine gender or the singular number only, shall be deemed to include more than one person or thing, and females as well as males, unless there be something in the context repugnant to inconsistent with such construction; and if there be any om ted case or matter touching which it is necessary that provisio be made in order to give full effect to this Act, and to the tre intent and object thereof, such provision may be made by any By-Law of the Company not inconsistent with or repugnant this Act: Provided always, that no By-Law of the Company shall be repugnant to the Laws of Lower Canada, except in far as the same are modified by this Act.

ign unto the said

of

do hereby convey and as

, present accepting

that certain Lot of land in the Cemetery of the Mount toyal Cemetery Company, Parish of Montreal, designated on e plan of the ground and in the books of the Company as Lot To. containing

Section

aperficial feet, together with all the rights and privileges hereunto belonging, subject however to the By-Laws and reulations from time to time made by the Company.

An Act to cancel part of the Letters Patent for the endowment of a Rectory in the Township of Warwick.

W

[Assented to 1st July, 1856.]

HEREAS lot number twenty-five, in the first concession Preamble. south of the Egremont Road, in the Township of Warvick, was by mistake set apart as an endowment for the first Rectory of the said Township, constituted on the twenty-first ay of January, one thousand eight hundred and thirty-six; And whereas before the issue of the Letters Patent so setting part the said Lot together with other lands, the said Lot was egularly sold to one R. H. Alison, through whom and from hom one James Shaw now claims the same; And whereas is expedient to cancel so much of the said Letters Patent as egards the said lot: Therefore, Her Majesty, by and with the dvice and consent of the Legislative Council and Assembly of anada, enacts as follows:

a new Patent

I. After the passing of this Act, so much of the said Letters Patent for the atent as relates to Lot number twenty-five in the first conces- said lot 25 on south of the Egremont Road, in the Township of Warwick, cancelled, and all be and be taken to be cancelled to all intents and purposes, may issue. that the Governor in Council may cause a new Patent to issued instead thereof to the party or parties justly entitled

ereto.

CAP.

Preamble.

18 V. c. 58.

Section 1 of

repealed.

САР. СХХХ.

An Act to amend the Act to enable Ministers of th Evangelical Lutheran Church in this Province to solemnize Matrimony and to keep Registers of Marriages, Baptisms and Burials.

[Assented to 1st July, 1856.]

HEREAS it is expedient to amend the Act passed in t eighteenth year of Her Majesty's reign, intituled, da Act to enable Ministers of the Evangelical Lutheran Church in this Province to solemnize Matrimony and to keep Registers Marriages, Baptisms and Burials; Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows:

1. The first section of the Act mentioned in the preamble the said Act, this Act is hereby repealed; and the following section shall be substituted in lieu thereof, and shall be held to be the first seetie of the said Act:

Ministers of

the said perhave the benefit of the Act of U. C., 11 G.

suasion to

of allegiance and otherwise

"In Upper Canada, all the powers, privileges and advantages by the Act of the Legislature of the late Province of Upp: Canada, passed in the eleventh year of the reign of His Majesty King George the Fourth, and intituled, An Act to make vali: certain Marriages heretofore contracted and to provide for th 4, c. 36, although not future solemnization of Matrimony in this Province, conferre: subjects of Her upon or vested in any Clergyman or Minister of any of the Majesty, pro- several religious denominations mentioned in the third section vided they take the oath of the said Act, shall be and the same are hereby conferret upon and vested in any Clergyman, Minister, or Pastor of t said Religious denomination called The Evangelical Luther Church, whether he be or be not a subject of Her Majesty birth or naturalization, (provided he shall take the oath of al giance to Her Majesty and otherwise comply with the requi ments of the fourth section of the said last cited Act,) as fi and effectually to all intents and purposes, and upon the sar conditions and restrictions with respect to his ordination, stitution and appointment as such Clergyman, Minister Pastor, as if the Evangelical Lutheran Church aforesaid been among the number of religious denominations mention in the said third section, and subject to all the penalties impose. by the said Act for any contravention of the provisions theree

comply with the said Act.

Public Act.

II. This Act shall be deemed a Public Act.

CAP

CAP. CXXXI.

€

Act to incorporate the Society called the Union of St. Joseph of Montreal.

[Assented to 1st July, 1856.]

HEREAS an Association under the name of the Union Preamble. of St. Joseph of Montreal, has existed for several years the City of Montreal, having for its object the aid of its mbers in case of sickness, and the ensuring of like assistance 1 other advantages to the widows and children of deceased mbers; And whereas the members of the said Association ve prayed to be incorporated, and it is expedient to grant ir petition: Therefore, Her Majesty, by and with the vice and consent of the Legislative Council and Assembly Canada, enacts as follows:

ated.

eral powers.

I. Louis Leclaire, S. T. Rathé, Jacques Alexis Plinguet, Certain pervid Leblanc, Antoine Bazinet, J. B. Duplessis, L. Théophile sous incorpoi→→ :scarbeau, Michel Cyr, Louis Chabot, C. A. Rochon, Alexis vreau, Louis Longpré, together with such other persons as w are members of the said institution, or may hereafter come members thereof, in virtue of this Act, shall be, and they e hereby constituted a body politic and corporate, in fact and name, under the name of the Union of St. Joseph of Montreal, Corporate d by that name shall have power from time to time, and at name and geny time hereafter to purchase, acquire, possess, hold, exchange, cept and receive for themselves and their successors, all Amount of nds, tenements and hereditaments, and all real or immoveable real property tate, being and situated in Lower Canada, necessary for the limited. tual use and occupation of the said Corporation, and the said operty to hypothecate, sell, alienate and dispose of, and to equire other instead thereof for the same purposes; and any Majority to ajority whatsoever of the said Corporation, for the time being, make Byall have full power and authority to make and establish such law. ales, regulations and by-laws, in no respect inconsistent with is Act, nor with the laws then in force in Lower Canada, as ey may deem expedient and necessary for the interests and dministration of the affairs of the said Corporation, and for e admission of members thereof; and the same to amend nd repeal, from time to time, in whole or in part, and also uch regulations and by-laws as may be in force at the time of he passing of this Act; such majority may also execute and Further dminister, or cause to be executed and administered all and powers of very the other business and matters appertaining to the said majority. Corporation, and to the government and management thereof, a so far as the same may come under their control, respect eing nevertheless had to the regulations, stipulations, proisions and by-laws to be hereafter passed and established.

II. Provided always, that the rents, revenues and profits Appropriation rising out of every description of moveable property belonging

to