Page images
PDF
EPUB

ANNO DECIMO ET UNDECIMO

VICTORIÆ REGINÆ.

1457

CAP. I.

An Act to enlarge the powers of the Trinity House of Montreal, in certain
cases where the public health of the City may be endangered.

W

[ 9th July, 1847. ]

cited.

The CorporaTrinity House of Montreal impose a pe

tion of the

HEREAS by the sixth section of the Ordinance of the Legislature of Lower Preamble. Canada, passed in the Third Session held in the second year of Her Majesty's Reign, and intituled, An Ordinance to suspend in part certain Acts therein mentioned, Ordinance 2 and to establish and incorporate a Trinity House in the City of Montreal, no fine or Vict (3) c. 19. penalty can be imposed under any By-law to be passed by the Master, Deputy Master and Wardens of the Trinity House of Montreal, and sanctioned and confirmed by the Governor, Administrator, or person administering the Government, exceeding Ten Pounds, currency, and it is expedient that higher penalties should be imposed in the cases hereinafter mentioned: 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 said Master, Deputy Master and Wardens, or any three of them, of whom the Master or Deputy Master shall be one, may and they are hereby empowered to impose and lay any fine or penalty not exceeding Five Hundred pounds, currency, upon all and every person or persons guilty of infringing any By-law sanctioned by the Governor in Council, which shall hereafter be passed by nalty of £500 them, (or any three of them, of whom the Master or Deputy Master shall be one,) fringing any for regulating, within the jurisdiction of the said Trinity House, the number of Emigrants By-law to be and Passengers other than Cabin Passengers, to be carried at any one time, by any gulating the Steamboat or Vessel impelled by steam or otherwise, or the hours, place and manner and landing at and in which such Emigrants or Passengers shall be landed in the Port or Harbour of emigrants, of Montreal; and such penalty shall be recoverable with costs in a summary manner, Jurisdiction. "pon the oath of one credible witness, on the information of the Corporation of the said Trinity House, or any Officer thereof, before any one of Her Majesty's Justices of the Court of Queen's Bench for the District of Montreal in Chambers, or before any Justice of the Peace for the said District, who shall summon the party defendant to appear before him on the same day he shall be served with the summons, or on any default to appear; and the penalty, if not paid immediately on conviction, shall be subsequent day, and may, on such evidence as aforesaid, convict any party making

empowered to

on persons in

conveyance

within their

[blocks in formation]

enforced by the seizure and detention, on the warrant of such Justice or Judge, of the Steamboat or Vessel by the Master, owner or person in charge whereof or by means or in respect whereof such By-law as aforesaid shall have been infringed, and all tackle and apparel thereof; and if the said penalty and the costs (including the costs of seizure and detention, all which shall be taxed by such Justice or Judge) be not paid within ten days after such seizure, the Steamboat or Vessel may be sold (on such warrant as aforesaid) and the said penalty and costs, and those of the sale, paid out of the proceeds thereof, and the surplus, if any, shall be returned to the owner: nor shall any information or proceeding under such By-law and this Act, be removeable by Certiorari, or otherwise, into any Superior Court, nor shall any appeal lie from any conviction, judgment or order made in any such case as aforesaid: and all such penalties as aforesaid shall belong to Her Majesty for the public uses of the Province; any thing in the aforesaid Ordinance to the contrary notwithstanding.

II. And be it enacted, That this Act shall remain in force during four months from the passing thereof, and no longer, except as to any penalty incurred under it before that time, with regard to which it shall remain in full force and effect.

MONTREAL :-Printed by STEWART DERBISHIRE & GEORGE Desbarats,
Law Printer to the Queen's Most Excellent Majesty.

[ocr errors][ocr errors][merged small][merged small][merged small][merged small][merged small]

An Act to facilitate the issue of Debentures, and for other purposes therein mentioned.

WHE

[ 9th July, 1847. ]

HEREAS it is expedient to explain the provisions of the Act passed in the Preamble. last Session of the Provincial Parliament, and intituled, An Act to authorize 9 Vict. c. 74, the raising of the remainder of the Loan guaranteed by the Imperial Parliament, in so cited. far as regards the issuing of the Debentures in the said Act mentioned: Be it therefore declared and 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 declared and enacted by the authority of the same, That it is and shall be lawful for the Governor in Council to cause the Debentures in the said Act mentioned, to be issued, or the sum to be raised under the said Act to be raised and borrowed, in such manner and form, in such place, (whether within or without this Province,) and by such persons or officers as Her Majesty shall be pleased to appoint in that behalf.

The money the said Act may be raised as Her Majes

mentioned in

in such mode

ty shall ap

point.

Recital.

Act 6 Vict.

c. 8, cited,

Council may

II. And in order to avoid all doubt as to the provision for paying off the debt contracted or to be contracted under the authority of the said Act or of the Act therein mentioned, passed in the sixth year of Her Majesty's Reign, and intituled, An Act to authorize the raising by way of loan in England, the sum of one million five hundred thousand pounds sterling, for the construction and completion of certain Public Works in Canada, Be it declared and enacted, That it is and shall be lawful for the Gover- Governor in nor in Council to set apart yearly, in the year one thousand eight hundred and forty- set apart a nine, and in every year thereafter until the whole amount of the said debt shall be paid off, such sum of money out of the Consolidated Revenue Fund of this Province as shall equal to four per centum on the total amount of the said debt, and to apply the same as a sinking fund for paying off the said debt, in such manner as the Governor in Council shall deem most advisable; and such sum shall form the seventh charge on Order of said Consolidated Revenue Fund, and shall be next in order after the six charges

be

the

sum yearly as a sinking fund

to

pay off the

debt.

charge of such sum upon the

made upon the same by the Imperial Act aforesaid, intituled, An Act to re-unite the Consolidated Provinces of Upper and Lower Canada, and for the Government of Canada.

Revenue
Fund.

Act 9 Vict, c. 66, cited.

Certain provi

sions of this

Act and of the

Acts first

mentioned ex

tended to money to be

III. And whereas it may be deemed expedient by the Imperial Parliament to enable Her Majesty to guarantee the payment of the dividends and interest on the sum of two hundred thousand pounds sterling, yet remaining to be borrowed of the sum authorized to be raised by the Act passed in the last Session, and intituled, An Act for raising on the credit of the Consolidated Revenue Fund, a sum of money required for certain Public Works, and such guarantee would be of advantage to the Province: Be it therefore enacted, That if any Act shall be passed by the Parliament of the United Kingdom of Great Britain and Ireland, enabling Her Majesty to guarantee the payment of the dividends and interest on the said sum of two hundred thousand pounds sterling, or any part thereof, it shall be lawful for the Governor in Council to cause the sum to which such guarantee shall extend, (not exceeding the amount aforesaid) to be raised and borAct with a rowed with such guarantee, by loan, debenture or otherwise, in such manner and form, rantee of the Imperial Goin such place (whether within or without this Province), and by such persons or officers as Her Majesty shall be pleased to appoint, and all the provisions of this Act and of the Provincial Acts hereinbefore mentioned shall extend to the sum to be borrowed with such guarantee, and to the payment of the dividends and interest thereon, and to the appropriation of a sum equal to four per centum thereon yearly, as a sinking fund for paying off the same, in like manner and as fully to all intents and purposes, as to the sums authorized to be raised by the Provincial Acts aforesaid.

borrowed under the said

vernment.

Application of monies raised

how to be accounted for.

IV. And be it enacted, That the due application of all monies hereby appropriated shall be accounted for to Her Majesty, through the Lords Commissioners of the Treasury for the time being, in such manner and form as Her Majesty shall be pleased to direct.

MONTREAL :-Printed by STEWART DERBISHIRE & GEORGE Desbarats,

Law Printer to the Queen's Most Excellent Majesty.

[ocr errors][ocr errors][merged small][merged small][merged small]

An Act relating to Justices of the Peace in the Magdalen Islands in the
Gulf of Saint Lawrence, and to dispense, as respects them, with the
Property Qualification by law required of Justices of the Peace in
other parts of the Province.

WH

[ 9th July, 1847. ]

Justices of the

HEREAS it is expedient, for local reasons, to dispense in the Magdalen Islands Preamble. with the Property Qualification by law required of Justices of the Peace in this Province: 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 any and every person being an inhabitant of and domiciliated in the Magdalen Islands in the Gulf of Saint Lawrence, who now is or hereafter shall be appointed a Justice of the Peace in and for the said Islands, shall be and is hereby exempted from the necessity of the Property Qualification required by the Act passed in the sixth year of Her Majesty's Reign, and intituled, An Act for the Qualifi ation of Justices of the Peace, and from all liability under the said Act, in having performed the duties of a Justice of the Peace within the said Islands, without being qualified as to property, as required by the said Act.

MONTREAL :-Printed by STEWART DERBISHIRE & GEORGE DEsbarats,
Law Printer to the Queen's Most Excellent Majesty.

Peace in the Magdalen Islands exempt. ed from property qualifi

cation requir

ed by 6 V. c.

3.

And from all

having so act

liability for

ed.

« PreviousContinue »