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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.

WH

[ 30th August, 1851.]

Council of Montreal

on warrant of the Sheriff to pay part of the expense of guarding the said Goal.

HEREAS by far the greater number of the prisoners detained in the Common Preamble. 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 Sheriff of the District of Montreal, on the first juridical day in each of the months of March, June, September and December in each and every year, beginning with the month of December, next after the passing of this Act, to furnish to the Clerk of the 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 Proviso. 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 making payment to the said Sheriff of any sum or sums of money required to be paid 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 any such Warrant or Warrants to the Clerk of the said City as aforesaid, the sum or 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

wholly

Receipts and vouchers

for payments under this Act.

Action given if the

money so payable be certain time.

not paid within a

Proviso.

Preamble,

be privileged.

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.

САР. СХХХ.

An Act further to amend the Ordinances incorporating the City of Quebec.
[ 30th August, 1851. ]

W

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

Proviso; extent of privilege limited.

Privilege not to require registration.

Mode of referring to
By-laws in suits

II. And inasmuch as the expense of registering the privilege hereby granted, would 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.

III. And be it enacted, That for and notwithstanding any thing in the Ordinances 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.

САР,

САР. СХХХІ.

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

[ 30th August, 1851. ]

WHEREAS the Corporation of The Mayor and Councillors of the City of Preamble,
Quebec, have, by their petition, represented that further provisions are necessary

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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 to this Act, be, and the same is hereby repealed.

II. And for the removal of all doubts, Be it declared and enacted, That the principal and interest of the sums secured by Debentures issued or to be issued by the Corporation of The Mayor and Councillors of the City of Quebec, under the authority of the Act secondly cited in the preamble to this Act, may be made payable to the 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

Sect. 19 of 10 Vict. c. 113, repealed.

Debentures and interest may be made money, &c. and at any place.

payable in Sterling

in other than Provincial Currency, at the par of exchange; and all such Debentures Form of 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 prima 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 fifteenth section of the Act first above cited.

III. And be it enacted, That it shall be lawful for the said Corporation, if they shall think fit, to renounce with regard to any such Debentures (whether issued before or after the passing of this Act) the benefit of the twenty-first section of the Act first 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 either of them, it shall be lawful for the said Corporation, at any time after the passing of

Corporation may renounce the right given 10 Vict. c. 113,

them by Sect. 21 of

Corporation may at any time pass By-laws imposing a Water

Rate, but it shall not be payable until they

are ready to supply the Water.

Limitation of Rate declared not to apply to certain special cases mentioned in 13 & 14

Vict, c. 100.

Corporation may search for and take materials for Water Works, making compensation for actual damage.

of this Act, to specify and declare, by a By-law, that the proprietors or occupiers of houses, stores, and similar buildings, in the said City, shall be subject to the annual 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 shall not exceed that limited by the Act secondly cited in the preamble to this Act.

V. Provided always, and be it declared and enacted, That the limitation of the said Rate or Assessment does not and shall not extend to the cases mentioned in the fourth section of the Act secondly cited in the preamble to this Act, but that it shall always 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.

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

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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

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
to the said
or the bearer hereof.

of

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Sealed with our Seal, and signed by the Mayor of the said City, this , one thousand eight hundred and

day

N. B.
Mayor.

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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.

WHE

[ 30th August, 1851. ]

HEREAS it is expedient to extend the provisions of the Ordinance hereinafter 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 Governor and Special Council of the late Province of Lower Canada, passed in the 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

Preamble.

Provisions of 4 Vict. c. 17, extended to

certain roads.

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