16th VICTORIA-CHAPTER 50. An Act relating to the Saint Andrews and Quebec Railroad Company. Section. 1. Repeal of a certain Section and Act. Section. 2. What Directors of Company to be appointed by Government. Passed 3rd May 1853. Be it enacted &c. as follows:-1. So much of the fourth Section of the Act made and passed in the fourteenth year of the Reign of Her present Majesty, intituled An Act to facilitate the construction of a Railway from Saint Andrews to Quebec, as authorizes the Legislative Council and Assembly, by joint Resolution, to appoint two Directors, who shall have the same power and authority as any other Directors chosen under the Act of Incorporation; together with the Act made and passed during the present Session, intituled An Act to amend the Act to facilitate the construction of a Railway from Saint Andrews to Quebec, be and the same are hereby repealed. 2. The Lieutenant Governor or Administrator of the Government for the time being, in Council, may and he is hereby required annually, or from time to time, as occasion shall require, to appoint two Directors in the Saint Andrews and Quebec Railroad Company, who shall have the same power and authority as any other Directors chosen by the said Company under their Acts of Incorporation; and in case of such Directors, or either of them, refusing or neglecting to act, or for other good cause, to cancel such appointment, and another or others to appoint in his or their stead. 17th VICTORIA-CHAPTER 42. An Act relating to the Saint Andrews and Quebec Railroad Company's Contract for execution of Works. Section 1.-Railroad Contract with Class A Shareholders declared valid in this Province. Passed 1st May 1854. WHEREAS a certain Indenture bearing date the twenty ninth day of April one thousand eight hundred and fifty two, made between the Saint Andrews and Quebec Railroad Company of the first part, the Class A Shareholders of the Saint Andrews and Quebec Railroad Company of the second part, and James Sykes, John Brookfield, and George William King, of Sheffield, County of York, Railway Contractors, of the third part, for the execution of certain Works in this Province, was executed in England: And whereas in order to give legal effect in the most convenient form to the provisions of said Indenture, it is considered desirable to declare the law in regard to the construction thereof in the Courts of Law and Equity in this Province ;— Be it therefore declared and enacted, &c.-1. The several provisions of the said recited Indenture shall be construed and deemed as valid in all respects between the said parties in all Courts of Law and Equity in this Province, as if the said Indenture had been made and executed by the several parties thereto in this Province. 31st GEORGE 3rd-CHAPTER 5. An Act for regulating Marriage and Divorce, and for preventing and punishing Incest, Adultery, and Fornication. Section. 1 to 4 repealed. 5. Causes in Marriage and Divorce, before whom and how to be tried. 6. Repealed. Section. 8. Repealed. 9. Causes of Divorce. &c. 10. When issue not bastardized, or widow barred of dower, &c. 7. When Governor may appoint a Deputy. 11. What law repealed. 1, 2, & 3. Repealed by The Revised Statues, Cap. 162. 4. Repealed by 52nd Geo. 3rd, cap. 21. Be it enacted, &c.-5. All causes, suits, controversies, matters, and questions touching and concerning Marriage and contracts of Marriage, and Divorce, as well from the bond of Matrimony, as divorce and separation from bed and board, and alimony, shall and may be heard and determined by and before the Governor and Commander in Chief of this Province and His Majesty's Council; and the Governor or Commander in Chief and Council aforesaid, or any five or more of the said Council, together with the Governor or Commander in Chief as President, be and they are hereby constituted, appointed, and established a Court of Judicature in the matters and premises aforesaid, with full authority, power, and jurisdiction in the same; provided, and it is hereby declared, that nothing herein contained shall deprive, diminish, control, obstruct, or abridge, or be construed, deemed, or extended to deprive, diminish, control, obstruct, or abridge in any manner the rights, powers, authority, judicature, or jurisdiction of the Court of Chancery, or of the Supreme Court of Judicature, or of any Inferior Court of this Province, in and touching the matters and premises aforesaid, or any of them; and no sentence, decree, judgment, or proceeding of the said Court of Governor or Commander in Chief and Council, in any information, prosecution, suit, or process, touching and concerning any Marriage or contract of Marriage, or Divorce, or alimony, shall take away, annul, bar, suspend, or in any wise alter or affect the right of action of any person or persons, for any injury or damage sustained for or by reason of any breach of any covenant or contract of Marriage. 6. Repealed by 6th Wm. 4th, cap. 34. See post. page 329. 7. And whereas the arduous affairs of Government may render it impossible for the Governor or Commander in Chief at all times to preside in person in the Court aforesaid ;-It shall and may be lawful for the Governor or Commander in Chief, by warrant or commission under his hand and seal, to depute, constitute, and appoint the Chief Justice, or either of the Justices of the Supreme Court of Judicature, or the Master of the Rolls, to preside in his place and stead in the said Court of the Governor and Council, and to have, hold, and exercise all the powers, privileges, authority, and jurisdiction of the Governor or Commander in Chief in the same Court; and such Deputy or Vice President shall have, hold, and exercise all such powers, privileges, authority, and jurisdiction accordingly, as are hereby given and granted to the Governor or Commander in Chief in the same Court, in all the causes, matters, and things therein cognizable by this Act. 8. Repealed by 12 Vic. cap. 29. 9. The causes from divorce from the bond of Matrimony, and of dissolving and annulling Marriage, are and shall be, frigidity or impotence, adultery, and consanguinity within the degrees prohibited in and by an Act of Parliament made in the thirty second year of the Reign of King Henry the Eighth, intituled An Act for Marriages to stand, notwithstanding pre-contracts, and no other causes whatsoever. 10. Provided always, that in case of a sentence or divorce from the bond of Matrimony or Marriage for the cause of adultery, the issue of such Marriage shall not in any case be bastardized, or in any way prejudiced or affected with any disability thereby; provided also, that the wife in such case shall not be thereby barred of her dower, or the husband be thereby deprived of any tenancy by the courtesy of England, unless it shall be so expressly adjudged and determined in and by such sentence of divorce. 11. An Act made and passed in the twenty seventh year of His present Majesty's Reign, intituled An Act for regulating Marriage and Divorce, and for preventing and punishing Incest, Adultery, and Fornication, be and the same is hereby repealed, and declared to be utterly null and void. 4th WILLIAM 4th-CHAPTER 30. An Act for the further regulation of the formation of the Court of Governor and Council for the determination of all suits and controversies touching and concerning Marriage and Divorce. 1. Court of Governor and Council, who to 2. With what powers vested. constitute. Passed 22nd March 1834. WHEREAS since the passing of the Act of the thirty first year of the Reign of His late Majesty King George the Third, intituled An Act for regulating Marriage and Divorce, and for preventing and punishing Incest, Adultery, and Fornication, an alteration in the constitution of His Majesty's Council of this Province having taken place, by separating the Executive from the Legislative Council, and thereby dividing them into two distinct bodies, it has become necessary to make some further provisions in respect to the constitution of the Court of Governor and Council, constituted and appointed in and by the fifth Section of the hereinbefore in part recited Act;— Be it therefore enacted, &c.-1. From and after the passing of this Act, the members of the said Court of Governor and Council, in and by the said fifth Section of the said hereinbefore in part recited Act mentioned and constituted, shall consist of the Lieutenant Governor or Commander in Chief of, and His Majesty's Executive Council for the said Province, for the time being, together with any one of the Judges of the Supreme Court, or the Master of the Rolls of the said Province, to be from time to time for that purpose appointed, as Vice President of the same Court, which appointment of such Vice President to be made in manner as directed by the seventh Section of the said hereinbefore in part recited Act, and such Vice President when so appointed shall have, hold, and exercise in the absence of the said Lieutenant Governor, all the powers, privileges, authority, and jurisdiction mentioned and declared in and by the said seventh Section of the said hereinbefore in part recited Act; and the Lieutenant Governor or Commander in Chief of the said Province for the time being, shall and is hereby declared to be President of the said Court; but the said Vice President so to be appointed as aforesaid, and any two members of His Majesty's Executive Council for the said Province for the time being, shall and are hereby declared to be a sufficient number of members at all times to constitute a Court for the dispatch and determining of all matters or business brought before the said Court that may be within the jurisdiction of the same. 2. The said Court of Governor and Council so constituted as in and by this Act is directed, shall have all the powers, authority, privileges, judicature, and jurisdiction that are given to the Court of Governor and Council mentioned and constituted in and by the said hereinbefore in part recited Act; and all the provisions of the said hereinbefore in part recited Act, so far as the same relate to the Court of Governor and Council therein mentioned, and to all matters within the jurisdiction thereof, shall also extend and be construed to extend and apply to the Court of Governor and Council in this Act mentioned and constituted, except so far as the same are hereby altered as to the constitution of the said Court. 6th WILLIAM 4th-CHAPTER 34. An Act for altering the Terms of holding the Court of the Governor and Council for causes of Marriage and Divorce. Section. Section. 2. Terms of the Court. Passed 8th March 1836. WHEREAS it is expedient to alter the fixed and stated Terms |