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or in receipt of the profits of such land or in the receipt of such rent, and the same person or any other person whatsoever, (other than some person entitled to such possession or receipt in respect of an estate which shall have taken effect after or in defeasance of the estate tail,) shall continue or be in such possession or receipt for the period of twenty years next after the commencement of the time at which such assurance if it had been executed by such tenant in tail or the person who would have been entitled to his estate tail, if such assurance had not been executed, would without the consent of any other person have operated to bar such estate or estates as aforesaid, then at the expiration of such period of twenty years, such assurance shall be and be deemed to have been effectual, as against any person claiming any estate, interest or right to take effect after or in defeasance of such estate tail.
Local extent XII. And be it enacted, That this Act shall extend only to that part of this Proand commencement of vince formerly Upper Canada, and shall commence and take effect on the first day of this Act.
January now next ensuing.
MONTREAL :-Printed by STEWART DERBISHIRE & GEORGE DESBARATS,
Law Printer to the Queen's Most Excellent Majesty.
An Act for compensating the Families of Persons killed by Accident, and
for other purposes therein mentioned.
[ 9th July, 1847. ]
the death of any person
CHEREAS a person, who by his wrongful act, neglect or default may have Preamble:
caused the death of another person, should be answerable in damages for the injury so caused by him: 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, intituled, An Act to re-unite the Provinces of Upper and Lover Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, That whensoever the death of a person shall be caused by Action given wrongful act, neglect or default, and the act, neglect or default, is such as would (if damages for death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who would have caused by any been liable if death had not ensued, shall be liable to an action for damages, notwith- neglect or standing the death of the person injured and although the death shall have been caused default. under such circumstances as amount in Law to Felony.
II. And be it enacted, That every such action shall be for the benefit of the wife, For whose behusband, parent and child of the person whose death shall have been so caused, and whose name shall be brought by and in the name of the Executor or Administrator of the
person deceased in Upper Canada, or of the personal representative, tutor or curator, or of the brought. heir of such person deceased in Lower Canada, and in every such action the Jury may What damages give such damages as they may think proportioned to the injury resulting from such may be given. death to the parties respectively for whom and for whose benefit such action shall be brought; and the amount so recovered, after deducting the costs not recovered from Jury to direct the defendant, shall be divided amongst the before mentioned parties in such shares in which the as the Jury by their verdict shall find and direct.
such action shall be
III. And be it enacted, That when the death of any person or persons shall be caused An, Action by any wound or injury received in a duel, which wound or injury shall or may have part of the rebeen inflicted by the use of any description of Fire Arms or other deadly weapon a party killed whatsoever, then and in such case the person inflicting such wound or injury, and all in a duel, alpersons present aiding or abetting the parties in such duel as seconds or assistants though no
have maintain therein shall and may be proceeded against under the provisions of this Act, notwithed hindbeipar standing no action for damages could have been brought by the said person or persons
whose death shall or may have been so caused had death not ensued from the infliction wounded only.
of such wound or injury.
he had been
cause. Limitation of
No more than IV. Provided always, and be it enacted, That not more than one action shall lie for lie for the same and in respect of the same subject matter of complaint; and that every such action
shall be commenced within twelve calendar months after the death of such deceased time for bring. person. ing such acPlaintiff to
V. And be it enacted, That in every such action the plaintiff on the record shall be Defendant
required, together with the declaration, to deliver to the Defendant or his Attorney, a notice of cer. full particular of the person or persons for whom and on whose behalf such action shall tain particu
be brought, and of the nature of the claim in respect of which damages shall be sought declaration, to be recovered.
serve on tho
lars with the
VI. And be it enacted, That the following words and expressions are intended to have the meanings hereby assigned to them respectively, so far as such meanings are not excluded by the context or by the nature of the subject matter, that is to say: words denoting the singular number are to be understood to apply also to a plurality of persons or things; and words denoting the masculine gender are to be understood to apply also to persons of the feminine gender; and the word " person” shall apply to bodies politic and corporate; the word “parent" shall include father and mother and grandfather and grandmother and stepfather and stepmother; and the word “ child” shall include son and daughter and grandson and granddaughter and stepson and stepdaughter.
MONTREAL :—Printed by STEWART DERBISHIRE & GEORGE DESBARATS,
Law Printer to the Queen's Most Excellent Majesty.
An Act to make better provision for the establishment of Municipal
Authorities in Lower Canada.
[ 28th July, 1847. ]
HEREAS it is expedient to abolish the Parish and Township Municipalities Preamble.
now established by Law in Lower Canada, and to substitute County Municipalities in their stead, and to make provisions in that behalf: 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 Act of the Act of L. C. 4 Legislature of Lower Canada passed in the fourth year of the Reign of King George Ordinances of the Fourth, intituled, An Act to repeal a certain Act therein mentioned, and to provide . 3&4, and for the Police of the Borough of William Henry and certain other Villages in this of Canada 8 Province; the Ordinance of the Governor and Special Council for the affairs of the late
pealed. Province of Lower Canada, passed in the fourth year of Her Majesty's Reign, and intituled, An Ordinance to provide for the better Internal Government of this Province, by the establishment of local or municipal authorities therein; and the Ordinance of the said Governor and Special Council passed in the same year of the same Reign, and intituled, An Ordinance to prescribe and regulate the election and appointment of certain Officers in the several Parishes and Townships in this Province, and to make other provisions for the local interests of the inhabitants of these divisions of the Province ; and the Act passed in the eighth year of Her Majesty's Reign, and intituled, An Act to repeat certain ordinances therein mentioned, and to make better provision for the establishment of local and municipal authorities in Lower Canada; and the Act passed in Also the Act the ninth year of Her Majesty's Reign, and intituled, An Act to divide the municipalitics Vict. c. 18. in of Hochelaga and of Three Rivers into distinct municipalitics, and further to provide for so far as rolates the support of schools and the management of local affairs therein, so far as the said Act cipality of relates to the municipality of Hochelaga, or to the establishment of the municipality of Hochelaga and the Banlieu of Three Rivers, save and except so far as hereinafter specially provided of Three-Riand reserved, shall be, and the said Acts and Ordinances are, from and after the first vers. day of September next, hereby repealed: Provided always that all Acts and Ordinances and Ordinanor parts of Acts and Ordinances repealed by the said Acts or Ordinances shall remain ces repealed by repealed : And that each Parish, Township or place which immediately before the to remain ro
Proviso: Pla- time when this Act shall come into force and effect shall be a municipality for the mediately be purposes of the Act passed in the now last session, and intituled, An Act to repeal fore this Act certuin enactinents iherein mentioned and to make better provision for Elementary force shall be Instruction in Louer Canada, shall, notwithstanding any thing in this Act, continue to Municipalities be deemed to be a municipality within the meaning of the said Act and for all the for the purpo- purposes thereof.
ses of the School Act, 9 Vic. c. 27.
RURAL MUNICIPALITIES NOT BEING TOWNS OR VILLAGES.
into two dis
II. And be it enacted, That the inhabitants of each and every County in Lower Canada incorporated shall be a body politic and corporate, by the name of The Municipality of (naming the their corporate County, as the case may be) and by that name shall have perpetual succession, and may
sue and be sued, and may or may not, as to the said Corporation shall seem meet, have a Common Seal, and shall have the power to take, hold and enjoy within the limits of such Municipality real property not exceeding the yearly value in amount of Two hundred pounds currency, and to alienate the same, and shall have all such other cor
porate powers, as, though not expressly mentioned in and granted by this Act, shall be Bonaventure
, necessary for the due performance of the duties, and the due `exercise of the powers Hienomskinci, which are hereby imposed or conferred upon the Corporation ; Provided always, that
the Counties of Bonaventure, Montmorency, Rimouski, Saguenay, Dorchester and
Beauharnois shall each be divided into and form two such Municipalities; and the may be respec. Counties of Ottawa and Gaspé each into three such Municipalities; And it shall
be lawful for the Governor in Council, to and for the purposes of this Act to define the tinct Munici: local limits of such divisions, and each such division shall be a Municipality in the palities, and the
same manner as any County Municipality provided by this Act, and shall have and Gaspé each
exercise and possess within such limits all and every the corporate or other powers into three, for given and granted by this Act to County Municipalities, and shall be known by the of this Act, liy corporate name of The Municipality of (statiny the name of the County with the the Governor number one, two or three, as the case may be) for distinction thereof, the number Corporate
one in all cases to belong to and be the number of the division containing the greater
amount of population according to the last Census in Lower Canada, the number two pectively.
the division next in amount. Each Corpora- III. And be it enacted, That each of the said Corporations shall be represented by presented by a and have its duties performed and powers exercised by and through a Municipal Council, for
Council, to consist of two Councillors to be respectively chosen or appointed as members shall hereinafter provided by each Parish or Township into which such County or Municieach Parish or pality shall be divided for the election of a member to represent the County in the Township Provincial Parliament, and at which a separate poll may be opened and held for that
purpose under the provisions of the law in force in Lower Canada.
IV. And be it enacted, That on the second Monday in the month of September now next, and at nine o'clock in the forenoon, the qualified inhabitants of each Parish or Township, shall hold a first meeting at the place at which such separate poll is required to be held according to law, at which the Senior Justice of the Peace resident in such Parish or Township, and present, shall preside, (or in default of such Justice, such person as the majority of the persons present at the meeting shall appoint,) and shall
name of such divisions, res
tion to be re
First election of Councillors, when and where to be held. Whoshall
preside at such election.