in the said order, any claim they may have to make against the said Company or against their estate either moveable or immoveable; and upon the proceedings founded upon Court to the said petition, the said Court shall proceed to hear and decide hear parties and give judgupon the respective rights and claims of the parties, as in ment proany other case of a like nature brought before it, according to nouncing disthe ordinary course of law and practice; and when, in the solution of Company. opinion of the said Court, it shall be necessary so to do, it shall render its judgment, pronouncing the dissolution of the said Company according to the provisions of and with the effect provided by this Act. of any ba VIII. And be it enacted, That upon the rendering of the said Court may account, the said Court shall be empowered at any time to order deposit order, if it shall think proper so to do, that the balance thereof lance. be deposited by the said Directors or by the Secretary Treasurer of the said Company, in the office of the said Court, in order to its being thereafter disposed of in favor of the parties entitled thereto, the amount of which balance shall be stated in the above mentioned judgment of the said Court. pay dividends IX. And be it declared and enacted, That none of the provi- Directors may sions contained in the preceding Sections shall extend or be declare and construed to extend to deprive the Directors of the said Com- and apportion-pany of the power to determine, declare and pay dividends ments. and apportionments out of the funds at their disposal, as heretofore, which dividends or apportionments, it shall be their duty to determine, declare and pay, as frequently as possible, as fast as the said funds will permit, and in the manner and form which they shall consider most expedient, in order to facilitate the settlement of the affairs of the said Company and to satisfy the claims existing against it. X. And be it enacted, That the notice given by the said A certain noCompany and published by it under the signature of the Presi- tice given by dent and Secretary thereof, and bearing date the sixteenth day declared suffthe Company of October, one thousand eight hundred and fifty-two, in two cient. newspapers published in the City of Montreal, and intituled respectively La Minerve and the Montreal Herald, shall, for all purposes whatsoever, be deemed to be the public notice required in like cases by the eighth Section of the said Act hereinbefore cited, passed in the sixth year of the reign of His Majesty King William the Fourth, and shall be sufficient to produce the effect contemplated by the said eighth Section of the Act hereinbefore last mentioned, although in fact the said notice may not have been published in the manner prescribed by the said eighth Section, that the said notice shall be evidence of its contents, and that all payments, dividends, apportionments and sums of money therein mentioned have been duly established, ordained and determined by the Directors of the said Company, and that the recovery thereof may be prosecuted after the lapse of thirty days from the said first publication Proviso. Service of on the Com pany. publication of the said notice in the two newspapers aforesaid; Provided always, that any number or copy of one or other of the said two newspapers, in which the said notice shall have been so published, shall be authentic proof of the said publication. XI. And be it enacted, That any summons or service having summons, &c. reference to the said Company in any manner whatsoever, made at the office of the said Company, speaking to any competent person therein, or personally to the President or Secretary Treasurer of the said Company, shall be held to be a valid service for all purposes whatsoever. Public Act. Preamble. XII. And be it enacted, That this Act shall be a Public Act for all purposes whatsoever. CAP. LX. An Act to amend the Act incorporating Bishop's College. [10th November, 1852.] WHEREAS it is expedient to amend the Act passed in the seventh year of Her Majesty's Reign, intituled, An Act to incorporate Bishop's College in the Diocese of Quebec, to confer upon the Bishop of Montreal co-ordinate powers with the Bishop of Quebec, in the Corporation of Bishop's College : 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 Bishop of Montreal, as well as any other Montreal and Bishop or Bishops, who may be appointed for any Diocese of other Bishops of the Church the United Church of England and Ireland, which may hereof England in after be constituted in Lower Canada, together with the Lower Cana- Bishop of Quebec, shall hereafter constitute the first branch of equal powers the Corporation of Bishop's College; and the said Bishops Bishop of da to have with the Bishop of Quebec. Proviso. shall have and possess equal and co-ordinate powers in the appointment of the Trustees and of the College Council, and shall have and exercise jointly, all and every the powers and privileges heretofore possessed, exercised and enjoyed by the Bishop of Quebec, in the management of the affairs of the said Corporation; Provided that in case of a difference of opinion between the said Bishops, in the event of their being equally divided, in the exercise of any of the powers hereby conferred upon them, the opinion of the Bishop who is senior by priority of appointment shall prevail, and his decision shall be final. САР. CAP. LXI. An Act to ascertain and establish the rights of the Coproprietors of the Common of St. Antoine de la Baie. [10th November, 1852.] HEREAS by an Act of the Legislature of the Province Preamble. of Lower Canada, passed in the second year of the Reign of His Majesty George the Fourth, intituled, An Act to enable the inhabitants of the Seigniory of La Baie St. Antoine, commonly called La Baie du Febvre, to provide for the better regulation of Common in the said Seigneurie, a Corporation was established to manage the affairs of the said Common ; And whereas the now existing Corporation of the said Common have petitioned that means may be adopted to establish and ascertain in a definite and final manner what persons are entitled to the said Common; And whereas it is expedient that their petition should be granted, and necessary to the Co-proprietors of rights in the said Common that their said rights should be accurately ascertained: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent sof 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 it shall be lawful for the said Corporation, or for five of Meeting of the Co-proprietors of rights in the said Common, after the pas- proprietors to sing of this Act, to call a meeting of the Co-proprietors of rights appoint comin the said Common, and to cause public notice to be given at the door of the Parish Church of La Baie St. Antoine, after Divine Service in the forenoon, calling on the said Co-proprietors of the said Common, to attend a meeting within not less than eight days, nor more than fifteen days after the date of such notice, at such place as shall be therein appointed, to elect a suitable person to be a Commissioner for the purposes of this Act, which person shall have no right or title in the said Common, and shall be an inhabitant of the said Parish of La Baie; and at the said meeting, the Chairman of the said Corporation, or failing him, one of the Trustees thereof, shall preside, and shall prepare a Procès-Verbal or report thereof, signed by himself and by two witnesses present at the said meeting, which Procès-Verbal shall be deposited in the office of the Clerk of the Circuit Court in the Town of Three-Rivers. missioners. II. And be it enacted, That at the time and place so ap- Commissioner pointed in the said notice, it shall be lawful for the Co-propri- to be selected by vote. etors of the said Common there assembled, and for the majority thereof, to proceed to elect such Commissioner, by vote, and it shall In case of non acceptance of office by per son elected. Who shall meeting. shall be the duty of the person presiding at the said meeting, to notify the said person so elected to be Commissioner, of his election as herein provided. III. And be it enacted, That if the person so elected as Commissioner shall not accept the said office, which he shall be understood to accept if he do not within eight days after he shall have been notified of his election, make known his refusal to accept the same to the Chairman of the said meeting, or having accepted, if he shall afterwards resign it, or shall absent himself from within the bounds of the said Parish as his dwelling place, or shall die, it shall be lawful for the said Co-proprietors of the said Common to proceed to appoint another Commissioner in manner hereinbefore directed. IV. And be it enacted, That any person, having a primá vote at such facie title, at the time of the passing of this Act, conferring on him a right in the said Common, shall be qualified and entitled to attend and vote at the said meeting for the election of a Commissioner as aforesaid. Duties of commissioner. Judge to adjudicate on claims concerning rights in said com mon. V. And be it enacted, That it shall be the duty of the said Commissioner to give public notice within one month after his election, by a notice posted up at the Church door of the Parish of La Baie, during at least two consecutive weeks, and given verbally on two consecutive Sundays, immediately after Divine Service in the forenoon, at the Church door of the said Parish, of the place where, and the days when his office will be opened, and to require all and every the said Co-proprietors to exhibit at his office, within two months after the date of his said notice, all deeds of concession, judgments or other titles whatsoever, establishing their respective rights in the said Common, together with a plain statement of their claims, and a list of the documents filed and produced by them, in order that their rights may be definitively established in manner hereinafter to be provided. VI. And be it enacted, That it shall be the duty of the said Commissioner, immediately after the expiration of the time fixed for the deposit of the titles herein ordered to be made with him, as provided in the next preceding Section, to transmit them, together with their claims and titles to the Judge of the Circuit Court in the District of Three-Rivers, either at the office of the said Court at Three-Rivers or during any term of the Circuit Court while holding its sittings in the County of Yamaska, and the said Judge is hereby authorized and required to examine the same, and adjudicate thereon after having heard parties touching all disputed matters or any opposition which may be made to any claim or claims concerning rights in the said Common, in the term of the said Circuit Court during its sittings either in the County of Yamaska, or in the Town of Three-Rivers, declaring the validity or nullity of the made of the said titles respectively; and an entry shall be VII. And be it enacted, That it shall be the duty of the said CommissionCommissioner, during his examination of the claims and titles er to make of the said Co-proprietors of the said Common, to make a list list of co-prothereof, in the order in which the said titles shall have been prietors. presented before him, numbering them according to the order of their presentation. church door. VIII. And be it enacted, That when the Judge shall have Award of given judgment as aforesaid, it shall be the duty of the said judge to be Commissioner to take from the office of the said Circuit Court, published at the titles by him referred and submitted to the Judge thereof, together with a certified copy of the award made by the Judge thereof, and that it shall also be his duty to publish the said award, by causing it to be read on two consecutive Sundays at the door of the said Parish Church, after Divine Service in the forenoon; and the said Commissioner shall moreover be bound, when so required, to restore to every person or all persons who shall have filed them, or to any person duly authorized to receive the same, the claims or titles filed in his office, according to the provisions of this Act, taking an acknowledgment of the re-delivery of such titles. IX. And be it enacted, That the Commissioner so appointed Costs of comshall lay before the said Judge a detailed account of all costs, misssioner. charges and expenses, as well as of salary, to which he shall be entitled, as a just remuneration for his trouble and outlay, which account shall be taxed by the said Judge. X. And be it enacted, That the said Commissioner shall be How costs entitled to demand from each Co-proprietor of the said Com- paid. mon his proportionate share of the amount at which his claim for compensation shall have been taxed by the said Judge, and shall have his right of action by process of law for the recovery of the same. fected. XI. And be it enacted, That nothing herein contained shall Her Majesty's affect or be construed to affect in any manner or way what- rights not afsoever, the rights of Her Majesty, Her Heirs and Successors, or of any Body Politic or Corporate, or of any person or persons, such only excepted as are herein mentioned. XII. And be it enacted, That this Act shall be deemed a Public Act. Public Act, and shall be judicially taken notice of as such by all Judges, Justices of the Peace, and all other persons whomsoever, without being specially pleaded. CAP. |