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CAP. CXXIX.

An Act to provide means to recover from the Corporation of the City of Montreal, part of the expense incurred in guarding the Common Gaol at that place.

[ 30th August, 1851. ) T HEREAS by far the greater number of the prisoners detained in the Common Preamble. VV Gaol for the District of Montreal, are persons charged with or convicted of crimes and criminal offences committed within the City of Montreal, and it is therefore just and proper that the Corporation of the said City should contribute towards defraying the expense of guarding the said Gaol : 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 it shall be lawful for and the duty of the

. and the aury 01 W Council of Montreal Sheriff of the District of Montreal, on the first juridical day in each of the months of on warrant of the

ith the Sheriff to pay part of March, June, September and December in each and every year, beginning with the

the expense of guardmonth of December, next after the passing of this Act, to furnish to the Clerk of the ing the said Goal. City of Montreal, for the information of the Council of the said City, a Statement in writing of the probable expense of guarding the Common Gaol for the District of Montreal during the three months then next ensuing, over and above any sum of money applicable for that purpose which he may have in hand at the time of furnishing such Statement; and the said Sheriff may, by his Warrant or Warrants from time to time, require the Council of the said City, out of the funds of the said City, to pay any sum or sums of money not exceeding two thirds of the sum mentioned in the then last Statement, and the Council of the said City shall thereupon cause the said sum or sums of money in the said Warrant or Warrants mentioned, to be paid to the said Sheriff by the Treasurer of the said City, within forty days from the delivery of such Warrant or Warrants to the Clerk of the said City : Provided always, that the sum and sums of money so to be required and received from the Council of the said City, for the purposes and in the manner aforesaid, shall not in any one year exceed the sum of Six Hundred Pounds; and that the application and expenditure thereof shall be accounted for by the said Sheriff to the Council of the said City, on or before the last juridical day of each of the months of February, May, August and November, in each and every year. II. And be it enacted, That the Treasurer of the said City, at the time and times of

Receipts and vouchers making payment to the said Sheriff of any sum or sums of money required to be paid for payments under to him by this Act, for the purposes and in the manner aforesaid, shall sign and deliver to the said Sheriff a Note in writing, specifying the sum or sums of money so paid, which Note shall be kept by the said Sheriff as a Voucher for his Receipt of such sum or sums; and the Receipt of the said Sheriff, specifying the sum or sums paid to him by the said Treasurer as aforesaid, shall be a sufficient Discharge and Voucher for such Treasurer, and shall be allowed as such, in passing his Accounts.

III. And be it enacted, That if after the lapse of forty days from the delivery of Action given if the any such Warrant or Warrants to the Clerk of the said City as aforesaid, the sum or money so payable be

not paid within a sums of money therein mentioned, or any or either of them, or any part thereof, shall remain unpaid to the said Sheriff, an action shall accrue to the said Sheriff, on behalf of Her Majesty, to demand and have, of and from the said Corporation, to wit, the Corporation of the Mayor, Aldermen and Citizens of the City of Montreal, such sum or sums of money so remaining unpaid as aforesaid ; and the cause of such action shall be held to have arisen in the said City of Montreal, and the Statement or Statements of the said Sheriff, so by him furnished to the Clerk of the said City as aforesaid, in respect of which the Warrant or Warrants for the amount of which, either

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wholly or in part, any such action may be brought, shall be sufficient prima facie evidence in the said action, of the probable expense of guarding the said Gaol for the period or periods mentioned in such Statement or Statements respectively: Provided always, that if and whenever it shall be pleaded by the said Corporation, by way of defence in any such action, that the said Sheriff hath not accounted to the Council of the said City for the application and expenditure of any sum or sums of money paid to him by the Treasurer of the said City, for the purposes and in the manner aforesaid, under and by virtue of this Act, previous to the date of such Statement or Statements. the burden of proving that he did so account shall lie upon the said Sheriff; and in the event of his failing to do so, the action shall be dismissed, with costs against the said Sheriff personally.

CAP. CXXX.
An Act further to amend the Ordinances incorporating the City of Quebec.

[ 30th August, 1851. ] Preamble,

THEREAS the Corporation of The Mayor and Councillors of the City of

Quebec have represented the inconvenience to which they are exposed for want of the privilege for securing Municipal Taxes due to them, which has been granted to the Rural Municipalities generally by the Statute in that behalf, and have prayed that such privilege be granted them; and whereas it is for the public interest that their prayer should be granted : 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

Upper and Lower Canada, and for the Government of Canada, and it is hereby Debts due for taxes to enacted by the authority of the same, That all debts which, from and after the passing be privileged.

of this Act, shall become due to the said Corporation, for any Rate or Assessment, assessed or imposed on any real or personal property, or both, within the said City of Quebec, or upon the owners or occupiers thereof, in respect of such property, or for duty on business, or for any other Rate, Tax or Impost levied under and by virtue of any By-law of the Council of the said City, shall be privileged debts, and shall be paid in preference to all other debts, excepting debts due to Her Majesty, and shall, in the distribution of the proceeds of property, whether real or personal, of any person liable to pay any such debt, be so held, considered and adjudged, by all Courts. of Justice,

and by all Commissioners or other persons having jurisdiction in Bankruptcy or Proviso; extent of

Insolvency in Lower Canada: Provided always, that the privilege hereby granted shall privilege limited.

not extend beyond the Rates or Assessments due for five years, that is to say, for the current year, when such claim may be made, and for the five years next preceding that

year. Privilege not to re- II. And inasmuch as the expense of registering the privilege hereby granted, would quire registration.

bear heavily on all parties, and the amount secured by it can always be readily ascertained, Be it therefore enacted, That the said privilege shall not require registration

to preserve it; any Act, Ordinance or Law to the contrary notwithstanding. Mode of referring to III, And be it enacted, That for and notwithstanding any thing in the Ordinances By-laws in suits brought under them. incorporating the said City, or in any other Act or Law, it shall not be necessary for

the said Corporation in any suit or proceeding for the recovery of any Taxes, Penalty or other sum of money alleged to have become due by virtue of any By-law of the Corporation, or by reason of any infraction or contravention thereof to set forth or recite such By-law, but it shall be sufficient in such case for the said Corporation to allege that the sum sued for is due by virtue of, or by reason of the contravention or infraction of the By-law in such case made and provided, without more particularly reciting or referring to it.

CAP, CAP. CXXXI. An Act further to amend the Acts for supplying the City of Quebec and parts adjacent • thereto with Water.

[ 30th August, 1851. ] W H EREAS the Corporation of The Mayor and Councillors of the City of Preamble.

y Quebec, have, by their petition, represented that further provisions are necessary to enable them properly to carry into effect the Act passed by the Legislative Council and Legislative Assembly in the ninth, and assented to by Her Majesty in the tenth year of Her Reign, and intituled, An Act for supplying the City of Quebec and parts 10 Vict. c. 113. adjacent thereto with Water, and the Act amending the same, passed in the Session held in the thirteenth and fourteenth years of Her Majesty's Reign, and intituled, An 13 & 14 Vict, c. 100. Act to amend an Act for supplying the City of Quebec and parts adjacent thereto with Water, and have prayed that such provisions be made ; And whereas it is expedient to grant their prayer: 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 nineteenth section of the Act first cited in the preamble Sect. 19 of 10 Vict, c, to this Act, be, and the same is hereby repealed.

113, repealed. II. And for the removal of all doubts, Be it declared and enacted, That the principal

Debentures and inand interest of the sums secured by Debentures issued or to be issued by the terest may be made

payable in Sterling Corporation of The Mayor and Councillors of the City of Quebec, under the authority money, &c. and at of the Act secondly cited in the preamble to this Act, may be made payable to the any place. bearer thereof, and either within this Province, or at any place or places without this Province, and either in currency of this Province or in sterling money, or in the currency of the place where the same may be respectively made payable, provided the total amount of the principal secured by such Debentures do not exceed the sum of One Hundred and Twenty-five Thousand Pounds Currency, reckoning all sums payable in other than Provincial Currency, at the par of exchange; and all such Debentures may be in the form of the Schedule A to this Act, or in any other form not inconsistent and Coupons. with the said Acts as amended by this Act, and may have Coupons thereunto annexed for the half-yearly interest thereon, which Coupons being signed by the Mayor or Treasurer of the Corporation, shall be respectively payable to the bearer thereof, when the half-yearly interest therein mentioned becomes due, and shall, on payment thereof, be delivered up to the Corporation, and the possession of any such Coupon by the Corporation shall be primă facie evidence that the half years' interest therein mentioned has been paid according to the tenor of such Debenture: and all the provisions of this Section shall apply as well to the Debentures heretofore issued as to those to be issued after the passing of this Act; and all such Debentures, and as well the interest as the principal thereof, are and shall be secured on the General Funds of the said Corporation, as well as by the special privilege on the Water Works, mentioned in the fisteenth section of the Act first above cited.

III. And be it enacted, That it shall be lawful for the said Corporation, if they shall Corporation think fit, to renounce with regard to any such Debentures (whether issued before or nounce the right given

them by Sect. 21 of after the passing of this Act) the benefit of the twenty-first section of the Act first 10 Vict. c. 113, cited in the preamble to this Act, empowering the Corporation to call in Debentures at any time prior to the date at which the same may be made payable, and such renunciation being expressed in the body of any Debenture, or written thereupon, after the issuing thereof, and signed by the Mayor, shall prevent the said section from applying to such Debenture.

IV. And be it enacted, That for and notwithstanding anything in the said Acts, or Corporation may at either of them, it shall be lawful for the said Corporation, at any time after the passing any time pass By-laws

imposing a Water

f Debentures

Rate, but it shall not of this Act, to specify and declare, by a By-law, that the proprietors or occupiers of be payable until they h

hey are ready to supply

houses, stores, and similar buildings, in the said City, shall be subject to the annual

10uses, stores, allu the Water,

Rate or Assessment, payable at the periods to be fixed by such By-law, to the said Corporation; but such Rate or Assessment shall not be payable by the proprietor or proprietors, occupier or occupiers of any such house, store or building in the said City, until after the said Corporation shall have notified him or them that they are prepared and ready to supply such house, store or building, with water, under the provisions of the said Acts; and if from the time of such notification to the next period appointed for the payment of such Rate or Assessment there shall be any broken period, then such Rate or Assessment shall be payable pro rata for such broken period, as if accruing day by day; but the Rate per annum sball not exceed that limited by the Act secondly

cited in the preamble to this Act. Limitation of Rate V. Provided always, and be it declared and enacted, That the limitation of the said declared not to apply to certain special cases Rate or Assessment does not and shall not extend to the cases mentioned in the fourth mentioned in 13 & 14

section of the Act secondly cited in the preamble to this Act, but that it shall always Vict, c, 100.

be lawful for the said Corporation to notify the proprietor or occupier of any brewery,
distillery, manufactory, livery-stable or hotel, or of any building or premises in which
a steam-engine is used, or in which for any reason they shall think that a more than
ordinary consumption of water will take place, that they will not supply the same with
water at the Rate so limited as aforesaid, and in any such case the proprietor or occupier
shall not be liable to the said Rate or Assessment, but it shall be lawful for the
Corporation to agree with such proprietor or occupier as to the Rate at which they
will supply such house or premises with water, and any Memorandum in writing of
such Agreement shall be valid and binding upon the Corporation and the party,
and the Rate thereby agreed upon shall be recoverable in the same manner and with the
same privileges for enforcing payment of the same, as the Rate limited by the said Act;
but, except under such Agreement as aforesaid, no person shall be compelled to pay a

higher Rate than that limited by the said Act.
Corporation may
search for and take

VI. And be it enacted, That for the purposes of this Act and of the Acts materials for Water hereinbefore cited, the said Corporation, their Deputies, Servants, Agents and Workmen, Works, making compensation for actual shall have full power and authority to enter, in the day time, for the purpose of damage.

searching for materials for the works they are authorized to construct, or for any purpose relating thereto, into and upon the lands of any person, body politic or corporate, or other party whomsoever, doing no actual damage; and also to bore, dig, cut, blast, get, remove, take, carry away and lay earth, stone, soil, rubbish, trees, roots, beds of gravel, sand or other material or thing, out of, from or upon any such lands, for the purposes aforesaid, paying or tendering compensation for the damages actually done by the said Corporation, in the manner provided by the Acts aforesaid, with regard to the compensation to be made by the said Corporation for land taken or damages done in the exercise of the powers thereby vested in them.

SCHE DU LE A.
FORM OF A DEBENTURE.

LO AN.

Certificate No.

Interest at

per cent.

FOR SUPPLYING THE CITY OF QUEBEC WITH WATER.
Secured by Acts of the Parliament of Canada, upon the General Funds of the
Corporation of the City of Quebec, and by especial privilege upon the Water
Works and their revenue.

§ 10 Vict., cap. 113, sect. 14, 15, 16.

13 and 14 Vict., cap. 100, sect. 3. WE, THE MAYOR AND COUNCILLORS OF THE CITY OF QUEBEC, certify that under the authority of an Act of the Parliament of Canada, passed in the tenth year of Her

Majesty's

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Majesty's Reign, intituled, An Act for supplying the City of Quebec and parts adjacent thereto with Water, and of another Act passed in the thirteenth and fourteenth years of Her Majesty's Reign, intituled, An Act to amend an Act for supplying the City of Quebec and parts adjacent thereto with Water, and of another Act passed in the fourteenth and fifteenth years of Her Majesty's Reign, intituled, An Act further to amend the Acts for supplying the City of Quebec and parts adjacent thereto with Water ; there has been borrowed and received from

the sum of Pounds currency, (or sterling, as the case may be, or state the sum in the currency of the country in which it is to be paid,) bearing interest from the date hereof (or, as the case may be,) at the rate of

per cent, per annum, payable semi-annually, on the first day of November and May, (or, as the case may be,) in every year, on presentation of the Coupons for the same, signed by the Mayor upon the margin of this Debenture, and reimbursable on the first day of November, one thousand eight hundred and

or the bearer hereof.
Sealed with our Seal, and signed by the Mayor of the said City, this

day
of
one thousand eight hundred and

N. B.

Mayor. Attested.

E. F.,

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City Clerk.

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FORM OF A COUPON.
Coupon No.
£

Quebec, 1st November, 1850.

(or, as the case may be.) Half-yearly interest on Water Works Debenture, No.

for Pounds (or Dollars, as the case may

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An Act to authorize the Quebec Turnpike Road Trustees to effect a new Loan, and

to extend the provisions of the Quebec Turnpike Road Ordinance to certain other Roads.

[ 30th August, 1851. ] THEREAS it is expedient to extend the provisions of the Ordinance hereinafter

Preamble.

1

mentioned to certain other roads than those to which it at present extends :
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 from and after the passing of this Act the provisions of the Ordinance of the Provisions of 4 Vict.
Governor and Special Council of the late Province of Lower Canada, passed in the c. 17, extended to
fourth year of the Reign of Her Majesty, and intituled, An Ordinance to provide for
the improvement of certain roads in the neighbourhood of, and leading to, the City of
Quebec, and to raise a Fund for that purpose, and the powers of the Trustees appointed
under the authority thereof, shall apply, to all intents and purposes, to the roads or
parts of roads hereinafter mentioned, as if the said roads and parts of roads had been

mentioned

unde

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