years shall be

5. If a settler occupy, for more than five years, a lot of land How the 10 before the issue of a patent, the time over and above those ye

we reckoned, five years, shall be subtracted from the delay of ten years following the issue of the patent, mentioned in section two of this act. 6. The provisions of this act shall apply to the widow, Act to apply to

widows, &c., of children, and heirs of the settler, as constituting his repre-settlers. sentatives.

CAP. XXI.

An act to amend the Gold Mining Act, and the Gold

Mining Amendment Act of 1865.

[Assented to, 24th February, 1868.] ITER MAJESTY, by and with the advice and consent 11 of the Legislature of Quebec, enacts as follows: 1. The fourth subsection of the thirty-second section of The $ 4 of sec. 32 of

27, 28, V., c. 9 Gold Mining Act, and the second section of The Gold Mining and sec. 2 of 29 Amendment Act of 1865 are hereby repealed, and until other- V. c. 9, repealed... wise ordered by proclamation the seigniory of Rigaud Vaudreuil shall be within the gold mining district of the Chaudière. 2. Section three of The Gold Mining Act, twenty-seventh Sec. 3 of 27, 28

V., c. 9 repealed. and twenty-eighth Victoria, chapter nine, is hereby repealed, and the following substituted therefor :

6 The lieutenant-governor may appoint such officer, or Lieut.-gov. officers as he shall deem necessary for the purposes of this act, necessary ofiwho shall respectively be under the direction of the commis cers and fix their sioner of crown lands, and by order in council may prescribe sai their duties and fix their titles and salaries; and they shall be ex officio justices of the peace of the district or districts which a gold mining division may comprehend or include, in whole or in part, or in which, or in any portion of which, a gold mining division may lie ; and it shall not be necessary that any such officer shall possess any property qualification whatever in order to enable him lawfully to act as such justice of the peace; and every such officer shall have the jurisdiction, Their powers authority, rights and privileges conferred by any act or law and authority. in force in this province, upon any inspector and superintendent of police, stipendiary magistrate, judge of the sessions of the peace, sheriff or recorder, over all the territory comprised within the division for which he may be appointed, with power to settle summarily all disputes as to extent or boundary of claims, use of water, access thereto, damage by licensees to others, forfeitures of licenses, and generally to settle all difficulties, matters or questions, which may arise under this act, or offences against any of the provisions of this act or the Their decision: regulations to be made under it; and the decision of any such shal

officer, in all cases under this act, shall be final, except when

otherwise provided by this act or when another tribunal is No certiorari, appointed under the authority of this act; and no case under nor appeal.

this act shall be removed into any court by writ of certiorari,

nor shall any appeal be allowed to any court whatever.” Sec. 6 of 27, 28, 3. The sixth section of The Gold Mining Act is repealed, V., C. 9 repealed. and the following substituted therefor :

ound “Every licensee shall, whenever required so to do, exhibit to exhibit their his license to the officer of the division, or to any constable or licenses.

peace officer deputed by him, and shall prove to the satisfac

tion of such officer, constable or peace officer, that such license Right of officers S

ere is in force ; and such officer, constable or peace officer shall

torce ; and such 0 to enter upon have the right at all times to enter upon private lands within and examine

such division, and to descend into and examine any pit, shaft, lands, works,

tunnel or other excavation or mining work, made, sunk, excavated, erected or carried on in any manner whatever, in such division, for which purpose all persons owning the same or having the control thereof or in any way interested therein,

shall afford him all due facility and assistance." Sec, 3 of 29 V., 4. Section three of The Gold Mining Amendment Act of 6.9 repealed. 1865, is repealed and the following is substituted therefor: Settlement of

“Any complaint or dispute for or in respect of wages, disputes be- between persons (or companies) engaged in mining within any tween employers gold mining division, or the agents or representatives thereof and workmen.

and the laborers or servants employed by them, may be heard
and determined before the officer of the division, who may by
summons require the attendance of the defendant before him
(which summons may be served upon such defendant, by
causing a copy thereof to be left at the residence or place of
business of the defendant, or at the residence, boarding-house,
or place of business of the agent or representative of such
defendant) and may either in the absence or in the presence of
the defendant, determine such complaint in a summary
manner, on the oath of one or more witness or witnesses to be
sworn before him, and may levy such sum as he may adjudge
to be due by such person or company to such laborer or
servant, together with such costs as he may deem reasonable,
by warrant of distress and sale of the defendant's goods and

chattels. Secs. 20 & 21 of 5. The twentieth and twenty-first sections of The Gold Min27, 28 V., c. 9

9 ing Act are amended by striking out the word “crown” in the

;

first line of each of the said sections. Sec. 24 of same 6. The twenty-fourth section of The Gold Mining Act is act amended. amended, by inserting after the word “shall” in the first line

thereof, the following words : “ whenever called upon so to

do by the officer of the division and.” Sec. 28 of same 7. Section twenty-eight of the said Gold Mining Act is hereact repealed. by repealed and the following substituted therefor :

o No person shall sell or barter any wine, beer or other Regulation of the sale of

spirituous liquor, within three leagues of any place where liquors, &c. gold mining is being prosecuted, without a monthly tavern

ment.

ingery of intoxicatinis possession in beer and other

emed a deliv

license from the officer for such division, paying for the same a fee of five dollars ; and such tavern shall be under the superintendence of such officer, who may refuse to grant or Fine for selling rescind such license, should the tavern not be conducted in an &c., without orderly or proper manner; and any person who shall so sell or barter any wine, beer or other spirituous liquor as aforesaid without first obtaining such a license, shall, upon conviction before the officer for the division, forfeit and pay for every such offence, a fine of not more than one hundred dollars and costs; and in default of payment of such fine and costs, he may Imprisonment be imprisoned for any period not more than two months, and in default of he shall moreover, forfeit all wine, beer and other spirituous pas liquor found in his possession in such tavern ; and the de- What evidence livery of intoxicating liquor of any kind, in or from any build- shall be suffiing, booth or place, other than a private dwelling-house, or its cient. dependencies, or in or from any dwelling house, or its dependencies, if any part thereof is used as a tavern, eating-house, grocery, shop, or other place of common resort, -such delivery in either case being to any one not bonâ fide a resident therein,-shall primâ-facie be deemed evidence of and punishable as a sale and barter in violation of this section ; and any such What shall be delivery in or from a private dwelling-house or its depend or encies, or in or from any other building, booth or place whatever, to any one, whether resident therein or not, with payment or promise of payment, either express or implied, before, on, or after such delivery, shall primâ-facic be deemed evidence of and punishable as a sale and barter violation hereof.

8. Whoever, by himself, his clerk, servant or agent, exposes Penalty for or keeps for sale, directly or indirectly, on any pretence or by keeping liquor

for sale. any device, sells, or barters, for any consideration whatsoever, or gives to any other person any spirituous or other intoxicating liquor, or any mixed liquor, part of which is spirituous or otherwise intoxicating, shall incur the penalty imposed by the next preceding section; and whoever, in the employment or on the premises of another, so exposes or keeps for sale, or sells, or barters, or gives, in violation of the said section, shall be held equally guilty with the principal, and shall incur the same penalty.

9. The thirtieth section of The Gold Mining Act is amended Sec. 30 of 27, 28 by striking out the word “four" in the third line thereof, and V.c.9 amended. substituting “twelve" therefor, and by adding at the end of the section, the following—"And such constables shall have, within such division, all the powers, authority, rights and privileges conferred on the police force of the cities of Quebec and Montreal respectively, by chapter 102 of the consolidated statutes for Lower Canada.”

10. The constables so appointed, and any police force Constables, &c., appointed under the thirty-first section of The Gold Mining to be under con

trol of the officer Act, shall be under the control and direction of the officer of of the division. the division who may make such orders and regulations as he

any incorporater such company, Shashion as hereby

may deem expedient relative to the general government thereof, their places of residence, classification, rank and particular service, their distribution and inspection, and may, at any

time, suspend, dismiss, or replace them or any of them. Secs. 33 & 34 of 11. The thirty-third and thirty-fourth sections of The Gold same act re- Mining Act are repealed. pealed. Sec. 26 of same 12. The twenty-sixth section of The Gold Mining Act is act amended. amended, by adding at the end thereof " And if the mill be

owned by any incorporated or other company, the manager, agent or representative of such company shall be bound to perform all the requirements of the said section as hereby amended, and shall be liable to and shall incur the penalty or penalties thereby imposed, as though such manager, agent or representative were individually and personally the mill

owner. Who may be 13. No person shall be incompetent to give evidence in any witnesses.

proceeding under this act or the acts hereby amended, on

account or by reason of interest therein. English version 14. Whereas a variance exists between the French and of 8. 9 of same act amended. English versions of the ninth section of The Gold Mining Act,

twenty-seventh and twenty-eighth Victoria, chapter nine, the words of such lands” in the English version of the said

section are struck out. General repeal. 15. All acts or parts of acts inconsistent with the provisions

of this act, are hereby repealed. Short title. 16. This act may be known and cited as “The Gold Mining

Amendment Act of 1868.”

CAP. XXII.

An act to provide more effectually for the Support of

Schools in certain cases, and for other objects therein mentioned.

[Assented to, 24th February, 1868.] LTER MAJESTY, by and with the advice and consent of

11 the Legislature of Quebec, enacts as follows: Sums to be con- 1. The corporations of the cities of Quebec and Montreal tributed in fuam shall for the future pay annually, to the boards of catholic and Montreal. school commissioners and protestant school commissioners of

the said cities, a sum equal to three times that which they would be entitled to receive from the superintendent of

education, if section one hundred and thirty-three, of chapter C. S. L. C., c. 15, fifteen, of the consolidated statutes for Lower-Canada, was s. 133.

repealed. School commis- 2. The school commissioners of the said cities, with the sioners in said cities may apply app

ly approval of the superintendent of education, may set aside

is to build

hool

ecial

ble to

the commis

tially

annually a portion of their revenues, not exceeding one fourth part of their thereof, for the construction of school-houses and opening of in schools.

houses, &c. 3. If the said corporations deem it expedient, they may Corporations of

said cities may levy a special rate on real estate or on whatever is liable to it taxation and assessment, under the acts of incorporation of the tax to meet the said cities and their amendments, or the acts which shall amend in them, for the payment of the sum which they are bound to pay sioners. to the said school commissioners, or for a part thereof; but their default to levy the said tax, or a part thereof, shall in no manner exempt the said corporations, from the payment of the said sums; and the said tax shall be assessed, imposed and levied, in the same manner as the annual assessment in the

it has not hoon Omission to levy said cities for municipal purposes; and if it has not been om imposed and assessed at the same time as the annual assessment, from payment. it may be imposed at any time during the year; and every provision in section one hundred and thirty-one of chapter Sec. 131 of said · fifteen of the consolidated statutes for Lower-Canada, contrary a

w ay repealed. to the foregoing, is repealed.

4. Section sixty-four of chapter fifteen of the consolidated Sec. 64 of said statutes for Lower-Canada, is amended, by substituting in act amended. subsection seven of the said section, for the words “one thousand dollars” the words “ three thousand dollars," and for the words 6 five hundred dollars," the words “ sixteen hundred dollars."

5. The commissioners and trustees of schools, in every Commissioners school municipality, may impose with the approval of the in superintendent of education, a special rate for the payment of cial tax to meet debts contracted by the said commissioners or trustees, before the the passing of this act, for the construction of school-houses, school-houses. above the amount permitted by the law then in force; and no Amduret

amount notwithone shall set up against the recovery of such special rate, any standing certain judgment setting aside a prior assessment, either because it objections. exceeded the amount permitted by law, or by reason of any informality; and the amount of every such special assessment may also include the costs incurred by municipalities for suits undertaken in virtue of prior assessments, provided that the total amount does not exceed that fixed by the present act.

6. The principal of every normal school, before the admis- Conditions imsion of any pupil into such school, shall make him sign, in posed upon presence of two witnesses, a document or obligation, by which normal schools,

hion admission to he shall bind himself to pay his board therein, or if he is a bursar, to refund in certain cases the amount of his bursary, and to pay such sum as shall be required, according to the conditions, which shall, from time to time, be fixed by the lieutenant-governor in council; and every father, tutor, guardian or friend, may sign such document and bind himself, either in such quality or personally, for the payment of all sums exigible under the said conditions; and the principal of Principal of such every normal school may sue in any court of justice, for the scho

me recover in his recovery of all sums due under every such obligation, and name.

and trustees may levy a spe

debts already incurred for

schools may