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offices are held by one Sherbrooke, be held by the same person or persons, then the salaries, fees, emoluments

and pecuniary profits of the said two offices, while so held, shall form one fund, out of which all salaries, allowances and expenses which, without this Act, would be payable out of the fund formed by the salaries, fees, emoluments and pecuniary profits of either of the said offices, may be paid in the manner and subject to the provisions of the Act

cited in the Preamble to this Act. From what time h's II. And be it enacted, That the foregoing enactment shall have a retroactive effect Act shall take effect.

as if passed on the tenth day of Septeinber, one thousand eight hundred and fifty, and the Act cited in the Preamble shall accordingly be construed as if the provision herein

contained had been inserted therein. Allowance to Pictho

III. And be it enacted, That the Governor in Council shall have full power and

authority to grant and allow to the Prothonotary, Clerk, Registrar, Sheriff or Officer lecting tax.

authorized to collect and receive the duty or tax imposed by another Act passed in the twellth year of Her Majesty's Reign, and intituled, An Act to make provision for the erection or repair of Court Houses and Gaols at certain places in Lower Canada, or imposed or hereafter to be imposed by any Order or Orders in Council under the authority of the said Act, upon the proceedings, matters and things in and by the said Act declared to be liable to such duty or tax, such sum for collecting and receiving the said duty or tax as to the Governor in Council shall seem just and reasonable, provided such allowance do not exceed the rate of two and a half per centum on the amount of such duty or tax so already collected and received, or to be hereafter collected and received as aforesaid.

notary, &c. for col

CAP. XVIII.

Preamble.

An Act to enable Creditors to attach the effects of Debtors about to leave the Province in cases under Ten Pounds.

[ 2d August, 1851. ] HEREAS persons often evade the payment of their just debts, in cases where

they are indebted to individual creditors to an amount less than Ten Pounds, by secreting or making away with their estate, debts and effects, or by leaving the Province before judgment can be obtained against them : For the prevention thereof, Be it 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 Attachment before

Government of Canada, and it is hereby enacted by the authority of the same, That judgment may issue in cases between £1 Process of Attachment, as well in the hands of the debtor as in the hands of a third bs, and £10, on affidavit to a certain

person or of third persons, (arrêt simple, or saisie arrêt, or entiercement) prior to trial and judgment, may issue from the Circuit Court in Lower Canada, in all cases where the sum demanded is under Ten Pounds and exceeds One Pound and Five Shillings, current money of this Province, upon the affidavit of the plaintiff or his agent to the effect that the defendant or proprietor of such estate, debts or effects, is indebted to the plaintiff in a sum exceeding One Pound and Five Shillings, current money of this Province, and that he is about to secrete, or make away with the same, or doth abscond, or is about to leave the Province to defraud his creditors ; Provided always, that the Commissioners' Courts shall have the like power to issue such Process of Attachment in cases within their jurisdiction, and above the sum of One Pound Five Shillings.

II. And be it enacted, That any Clerk of the Circuit Court or Commissioners' Court Courts may issuc such is hereby authorized to receive the necessary affidavit and issue such Writs of

Attachment as aforesaid, in the same manner as he is now permitted and authorized to do in cases above Ten Pounds : Provided, nevertheless, that nothing herein enacted shall prevent any Judge of the Superior Court or Circuit Court from receiving such

affidavit,

effect.

Clerks of Circuit

Proviso,

affidavit, and from granting a Fiat upon which to issue such Writs of Attachment as aforesaid ; and the said Judges are hereby empowered to administer and receive such affidavits and grant such Fiats in the same manner as they are now authorized and empowered to do in cases above Ten Pounds.

III. And be it enacted, That the additional costs attendant upon the issuing of such Costo, Writs of Attachment as hereinbefore provided for, shall be taxed by a Judge of the Court at such sum as in his discretion he may think right, unless and until they be regulated by a Tariff of the Court under which the Clerk of the Court shall then tax such costs, and in the Commissioners' Court such additional costs shall be the same as in cases of seizure under execution.

IV. And be it enacted, That this Act shall remain in force for two years, and from Duration of this Acte thence until the end of the then next Session of the Provincial Parliament, and no longer. V. And be it enacted, That this Act shall apply only to Lower Canada.

This Act to apply to
L. C, only.

. CAP. XIX. An Act to authorize the holding of a Second Term of the Superior Court annually in the District of Gaspé, and for the better administration of Justice therein.

[ 2d August, 1851. ] W HEREAS the increase of population and of trade in the District of Gaspé may preamble.

V render it expedient that two terms of the “ Superior Court,” now by law required to sit but once a year in the said District, should hereafter be held annually therein, and it therefore is expedient to invest the Executive with power to that effect: 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 whensoever and so on certain presents soon as a second term, in addition to the term of the “ Superior Court,” now by law held ments and Petitions,

the Governor may aubut once a year in the District of Gaspé, shall be by the Governor in Council deemed thorize the holding of conducive and necessary to the general welfare of the inhabitants of the said District, it a second term of the

Superior Court anshall be lawful for His Excellency to direct and authorize, by proclamation, and in the nually in Gaspé, manner provided in and by that part of the seventy-seventh section of the Act passed in the twelfth year of Her Majesty's reign, intituled, An Act to amend the laws relative to 12 v. c. 3, cited. the Courts of original civil jurisdiction in Lower Canada, to which are prefixed the words “ IN THE SAID DISTRICT OF Gaspe," a second term of the said Superior Court to be annually thereafter held in the said District, at such time as he shall deem proper, with power to him to alter the same at pleasure, and at the same places and for the like periods or number of days as the said Court heretofore has been held, and with the same powers and authority to the Judges holding the said term, to all legal intents and purposes, as if appointed and constituted under the aforesaid last recited Act; but subject always to the modifications thereof as provided in and by an Act of the twelfth year of Her Majesty's reign, intituled, An Act to amend the law relative to the administration 12 Vict, ci 40; cited. of Justice in Gaspć, and to the other provisions of this last mentioned Act.

pear of Her Majesty diction in Lower Carma of the said Superior

235

CAP.

CAP. xx. An Act to amend a certain Act passed in the twelfth year of Her Majesty's Reign, relating to Notaries.

[2d August, 1851.) Preamble.

THEREAS several persons have suffered damage in consequence of the expiration

of the period limited by the Act passed in the twelfth year of Her Majesty's 12 Vict.c. 47, Reign, intituled, An Act to amend the Act providing for the organization of the

Notarial Profession in Lower Canada, for the filing, by Notarial Students whose

articles of clerkship had been entered into before the passing of the Act passed in the and 10 and 11 Vict. c. tenth and eleventh years of Her Majesty's Reign, and intituled, An Act for the 21, cited.

organization of the Notarial Profession in that part of this Province called Lower Canada, of authentic copies of their said articles of clerkship in the Office of the Board of Notaries, within whose jurisdiction their Patrons resided, and who have not been enabled to do so in conformity with the first above cited Act, either through absence from the Province for the purposes of education, or through any other cause: 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 Filing of articles of the filing by any Notarial Student of an authentic copy of his articles, or transfer of clerkship by notarial Students within a articles entered into before the passing of the secondly above cited Act, in the Office certain timo declared of the Board of Notaries within whose jurisdiction his Patron resided, after the valid.

expiration of the period limited in and by the said first above recited Act, before the date of the passing of this Act, or within six months from the passing of this Act, shall be as valid to all intents and purposes as if the same had been filed within the period limited by the said first above cited Act; any law to the contrary notwithstanding.

CAP. XXI. An Act to amend and make permanent the Acts in force in Lower Canada, for the establishment of Mutual Fire Insurance Companies therein.

[ 2d August, 1851. ] Preamble.

THEREAS it is expedient to continue and amend the Act of Lower Canada,

♡ passed in the fourth year of the Reign of His late Majesty King William the 4 Vict, c, 33, a d 6 Fourth, intituled, An Act to authorize the establishment of Mutual Fire Insurance Vict. c. 33, cited.

Companies, and the Act of the said Province passed in the sixth year of the same Reign, and intituled, An Act to continue for a limited time and to amend a certain Act therein mentioned relative to the establishment of Mutual Fire Insurance Companies : 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 A second Mutual Fire Government of Canada, and it is hereby enacted by the authority of the same, That Insurance Company allowed in Counties whenever I any vou

whenever in any County in Lower Canada there shall be any City or Town containing containing Cities or

a population of more than five thousand souls, according to the then last census, it shall large Towns.

be lawful for the freeholders of such County residing out of the limits of such City or Town, to establish a Mutual Fire Insurance Company for the insuring of property within such County but not within such City or Town, although another Company may have been already established in and for such County, and with the same effect to all intents and purposes as if the establishment of such separate Company for the

Country

Country parts of any such County had been allowed and provided for by the said Acts, or either of them, the provisions whereof shall apply to any Company to be established under this Act in so far as they may not be inconsistent with the provisions thereof.

II. Provided always and be it enacted, That nothing herein contained shall be Such second Compa. construed to prevent the inhabitants of the Country parts of any such County as ny have no exclusive

. aforesaid, or any of them, from insuring their property therein in any Mutual Fire Insurance Company lawfully established for the whole County including the Cities and Towns, if they shall prefer so to do, or to invalidate or affect the rights of any such last mentioned Company.

III. And be it enacted, That it shall be lawful for the Mutual Fire Insurance Property situate in a Company for any County or Counties together, in Lower Canada, to admit as a member County may be insurof the said Company, if they shall deem it expedient, the owner of any property situate surance Company for

another County. within any County other than the County or Counties in which such Mutual Fire Insurance Company shall be established, and to insure any property of such person so situate as aforesaid; and each person so admitted as a member of any such Company shall have the same rights, and be subject to the same liabilities as the other members of the said Company; any thing in the said Acts hereby amended to the contrary notwithstanding.

IV. And be it enacted, That notwithstanding any thing in the said Acts or either of Directors may demand them contained, it shall be lawful for the Directors of any such Company to demand from members per cenand take from every member of the Company before he shall receive his policy, such sited, before granting part of, or amount of per centage upon the notes deposited, as provided by the said them policies. Acts or either of them, as the Directors of the said Company may by their By-laws determine; and further, to declare in each year in advance, in such manner as shall be determined by the said By-laws, the amount of dividend required to be paid in to meet the estimated annual losses and expenses of the said Company, the said dividend declared in advance to be settled and determined upon by the Directors, upon an average to be taken of the probable losses and expenses during the year, and published in the manner to be provided by the said By-laws, and the balance remaining at the credit of any member at the expiration of his policy shall be returned to such member.

V. And be it enacted, That any member of such Company neglecting or failing to No member to recover pay the said annual dividend at the time appointed by the said Directors, shall not be for any losses if he entitled to recover from the said Company for any loss which he may sustain thereafter, dividend.

neglect to pay annual until his annual payment shall have been made: Provided always, that nothing in this

Proviso. section contained shall have the effect of preventing the Directors from suing or prosecuting such member in default, for the amount of his deposit note or for any declared dividend or assessment as aforesaid, and costs of suit as provided in and by the said Acts, or either of them.

VI. And be it enacted, That all such sums of money so paid, shall form a fund for Money paid to form the payment of losses and expenses, which said fund shall be by the said Directors fund for payment of invested to bear interest in some Chartered Bank in this Province, in the manner and as losses, &c. shall be determined by the By-laws in that particular to be provided by the Directors.

VII. And be it enacted, That each and all of the provisions of the said before cited The above cited Acts Acts, contrary to the provisions hereof, shall be, and are hereby repealed, and the said made permanent. Acts as amended hereby, and this Act, shall continue in force until repealed by competent authority.

235

САР.

CA P. X XII.

An Act to amend the Act therein mentioned, enabling Her Majesty to direct the issue of Debentures to a limited amount, and for granting relief to the City of Quebec.

[2d August, 1851.] Preamble.

HEREAS by an Act of the Parliament of this Province, passed in the ninth 9 Vict, c, 62,

year of Her Majesty's Reign, and intituled, An Act for enabling Her Majesty to direct the issue of Debentures to a limited amount, and for giving relief to the City of Quebec, it is among other things in effect enacted, that an insurance shall be effected upon all and every the buildings to be erected under the said Act, and shall be renewed annually so long as the principal sums lent or the interest accruing thereon shall remain unpaid, and that such insurance or the sums due under the same respectively shall, in case of the destruction of the said buildings by fire, be payable to Her Majesty, Her Heirs and Successors; and whereas it is expedient that any sums so paid to Her Majesty should be again advanced and lent to the proprietors whose buildings have been or may be destroyed by fire, and who may desire to obtain the same for the purpose of re-constructing such buildings : 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 Governor may re- enacted by the authority of the same, That it shall be lawful for the Governor to lend

and advance to each and every such proprietor respectively, the sum or sums so received covered under any insurance.

as aforesaid by virtue of any such insurance. At what time the same II. And be it enacted, That every such proprietor to whom any sum shall be lent shall be repaid.

and advanced as aforesaid, shall pay the interest thereon and repay the principal, at the same periods, and in the same manner as he is bound to pay and repay the interest and principal under and by virtue of the bonds or obligations given by him under the

said Act. Buildings erected to III. And be it enacted, That all buildings to be erected by any such proprietor on be held to be erected with moneys advanced property on which any buildings shall have been destroyed by fire as aforesaid, as aforesaid.

subsequently to the passing of this Act, shall be held to have been erected and built

with the money advanced or lent under this Act; any law, usage or custom to the Proviso: the contrary contrary notwithstanding ; Provided always, that it shall be open to any party who may be proved,

shall allege that any building on such property was erected or improved with other moneys than those mentioned in this Act, to prove the truth of such allegation by such

documents and other evidences as the law requires. Privilege of the

IV. And be it enacted, That for the recovery, conservation, assurance and payment Crown for the security of money advanced of the sums to be advanced under this Act and of the interest thereon, Her Majesty, under this Act.

Her Heirs and Successors shall have the same recourse, rights, hypothecs, privileges and priority of hypothec as are given by the said Act for the security and payment of the sums advanced under the authority thereof, and shall also enjoy the same exemption from registration and other formalities therein mentioned.

advance ti

sum

re

CAP. XXIII.
An Act to amend an Act to encourage the establishment of Building Societies in
Lower Canada.

[ 2d August, 1851. ]
T HEREAS in the tenth Section of the Act passed in the Session held in the

Y twelfth year of Her Majesty's Reign, and intituled, An Act to encourage the establishment of Building Societies in Lower Canada, it is amongst other things provided, “That it shall and may be lawful for every such Society to take and hold

Preamble.
12 Vict, c, 57.

“ any

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