« PreviousContinue »
An Act to amend the Act, intituled, An Act to amend the Law constituting the Board of Works.
[ 28th July, 1847. ]
THEREAS it is expedient and necessary to make certain alterations and amend- Preamble.
ments in a certain Act passed in the ninth year of Her Majesty's Reign, and intituled, An Act to amend the Law constituting the Board of Works : Be it therefore Act 9, Vict. enacted by the Queen's Most Excellent Majesty, by and with the advice and consent c.37, cited. of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtųe 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 Future conCanadı, and it is hereby enacted by the authority of the same, That all contracts, lading to ang agreements, stipulations, bargains, arrangements, sales, covenants, or leases made or matter under entered into with any person or persons whomsoever, or body corporate, by the Com- the Commismissioners of Public Works for, or on account of, or relating to any public work, or any fie Works, to land or real or personal property, or hydraulic or other privilege, or any other matter be made in the or thing over or concerning which any power or authority is given to or vested in the name of Her
Majesty. şaid Commissioners, or in Her Majesty the Queen, Her Heirs and Successors, in and by the said first recited Act, or of this Act, shall be made and entered into in the name of Her Majesty, Her Heirs and Successors, and not otherwise : Provided always, that Proviso: forall such contracts, agreements, stipulations, bargains, arrangements, sales, covenants, &c. shall be or leases of or concerning any of the matters hereinbefore mentioned as shall have been valid whether made by the said Commissioners before the passing of this Act, shall be valid and name of Her effectual to all intents and purposes whatever, whether the same have been made and Majesty or of entered into in the name of the Commissioners of Public Works, or in the name of Her sioners. Majesty, Her Heirs and Successors.
II. And be it enacted, That all writings or documents which the said Commissioners The A ssistant, of Public Works have power or authority to make, sign or execute in the name of Her Commissioner Majesty, Her Heirs and Successors, shall and may be signed and sealed by the Assist- cumenis
, &c. ant Commissioner, and countersigned by the Secretary, and shall be as valid and frecuted in effectual to all intents and purposes whatever, as if signed and sealed by the Chief Her Majesty. Commissioner as now required by law; any thing in the said Act to the contrary notwithstanding.
such claim before the Commission ers,
the claim shall be subunitted to
If any party III. And be it enacted, That if any person or persons or body corporate shall have of any kind for any claim or claims for property taken, or for alleged, direct or consequent damages to damages aris
property arising from the construction or connected with the execution of any public Public Work, works in any part of this Province, heretofore undertaken, commenced or performed or out of any at the expense of this Province, or of either of the late Provinces of Upper or Lower regard to any Canada, or any claim or claims arising or to arise out of or connected with the execusuch work, shall bring
tion or fulfilment, or on account of deductions made for the non-execution or non-fulfilment of any contract or contracts for the performance of any such public work as aforesaid or any part thereof, made and entered into with the said Commissioners or either of them, either in the name of Her Majesty, Her Heirs and Successors, or in any other manner whatsoever, or with any other Board, or any other Commissioners law
fully authorized to enter into the same on behalf of this Province, or either of the said The Commis- Provinces of Upper or Lower Canada,-it shall and may be lawful for such person or within thirty
persons or body corporate to give notice of such claim or claims to the said Commisdays tender
sioners of Public Works, stating the particulars thereof, and how the same has or have such amount as they may
arisen; and thereupon the said Commissioners may at any time within thirty days after think suffi
such notice, tender what they shall consider a just satisfaction for the same, with notice If the tender
that the said claim or claims shall be submitted to the decision of the Arbitrators be not accepted appointed under the said first recited Act, unless the said sum so tendered is accepted
within ten days after such tender, which shall be deemed to be legally made by any the arbitrators
. written authority for the payment of such sum given under the hand of the said ComWhat shall be missioners or either of them, and notified to the person or persons or body corporate
having such claim or claims; and such tender so made shall be sufficient likewise in Section 8, of 9 Vict, c. 37.
cases of tender of compensation under the eighth clause of the said first recited Act; Proviso: Provided always, that before any claim or claims either under this Act, or the eighth give security
clause of the said first recited Act, shall be arbitrated upon, the claimant or claimants for the costs of thereof shall give security to the satisfaction of the said Arbitrators or any two of them,
for the payment of the costs and expenses incurred by the said arbitration, in the tion of the Ar- event of the award of the said Arbitrators being against such claimant or claimants,
or not exceeding such sum so tendered as aforesaid, which costs shall in other cases when the award is in favor of such claimant or claimants be paid by tlie said Commissioners in addition to the sum awarded, and shall in either case be taxed by the pro
per officer of the Court of Queen's Bench in Upper or Lower Canada, as the Proviso: case may be; And provided also, that the award of a majority of the said Arbitra
tors shall in all cases, either under the said first recited Act or this Act, be as binding
and valid as if made by all the said Arbitrators; and that any award made under subject to be the said first recited Act or under this Act, shall be subject to all the provisions con
tained in the said first recited Act for the annulling or confirming awards directed to as provided by
be made therein; and the remuneration of the said Arbitrators shall in all cases be fixed at the sum of twenty shillings per diem, for every day of attendance upon such
arbitration, together with travelling expenses at the rate of ten shillings per diem, velling expen- while engaged in going to, remaining at and returning from the places where such
arbitration shall be held.
Arbitrration, to the satisface
Costs how to be taxed.
award of two Arbitrators to be valid : awards to be
set aside, &c.
9 Vict. c. 37. Arbitrators to have 20s. per diem and tra
Claims having IV. And be it enacted, That no claims of any nature or kind soever according to the passing of the next preceding section hereof, which shall have arisen before the passing of this this Act to be Act, shall be entertained by the said Arbitrators or any of them, unless such claim made within
shall be brought before the said Commissioners of Public Works within nine months after the passing hereof. from the passing of this Act.
V. And be it enacted, That if any Writ of Saisie-arrét, Saisie Revendication or if money be Attachment shall be served upon the said Commissioners, it shall be lawful for the hands of the said Secretary in any such case to appear on the return day of such Writ before the CommissionCourt from which such Writ shall issue, and then and there for the said Secretary as tary may apwell as the said Commissioners to make the declaration in such case required by law, pear and make according to the exigency of each case, which said declaration shall be taken and claration. received in all Courts of Justice in Lower Canada as and for the declaration of the said Commissioners.
VI. And be it enacted, That when and so often as it shall be necessary in the pro- Walls, &e., secution of any public work or works for the said Commissioners, or their contractors, executing or authorized servants or agents, to pull down, take down or remove any wall or Public Works walls, fence or fences of any proprietor, owner or occupier of any lands or premises by the Comadjoining such public work or works, it shall be the duty of such Commissioners or missioners. contractors, or their authorized agents or servants, to replace the same as soon as the necessity which caused their being pulled or taken down or removed has ceased, and from and after the same shall have been so replaced, the said proprietor, owner or How to be kept occupier of the said lands or premises shall maintain such wall or walls, fence or up afterwards, fences, in the same manner and to the same extent as such proprietor, owner or occupier should or might be by law required to do, if the same had never been taken or pulled down or removed as aforesaid.
VII. And be it enacted, That for and notwithstanding any thing contained in Sche- Notwithstanddule B 4, in the said first recited Act, it shall and may be lawful for the Governor in B. 4to's Viet. Council from time to time, on the report of the said Commissioners, to place the toll- c. 37, Governor gates on the said roads in that Schedule mentioned at such places and such distances alter the place from each other, as shall appear to him advisable and requisite, and to vary, change and of Toll-Gates, alter the said Schedule in all or any particulars in the said Schedule mentioned, so as the vary the Tolls, rates of toll shall not be increased beyond the amount in the said Schedule mentioned the calestining. on each time of passing any toll-gate or gates, and to notify the same by Proclamation in Schedulo. the Official Gazette.
several Tollgates may be
VIII. And be it enacted, That it shall and may be lawful for the Governor in Council, Tolls at the to order the Tolls at the several gates erected or to be erected on any public road now or at any time hereafter vested in the Crown, or placed under the management or con- farmned or leastrol of the Commissioners of Public Works by the hereinbefore first recited Act or by Lessees shall any future Act or Acts of the Legislature of this Province, to be let to farm in such have certain
rights. manner and under such regulations and by such form of lease as he may think expedient at any time to adopt, and the Lessee or Farmer of such Tolls or any other person he may
authorize or appoint, shall and may demand and take such Tolls so leased or farmed, and proceed for the recovery of the same in the name of such lessee or farmer in case of non-payment or evasion thereof, in the same manner and by the same means as are now given by law to any collector of Tolls or other persons authorized to collect
IX. And be it enacted, That it shall be lawful for the collector or person appointed Timber paso to collect the tolls, rates and dues on Timber passing any slide now or at any time be detained hereafter to be vested in the Crown or placed under the management or control of the until the Tolls Commissioners of Public Works, to detain any timber which shall have passed over such paid.
And if the
slide until all tolls, rates and dues thereon shall have been paid, or to refuse to permit And a penalty any Timber to pass the slide until the tolls, rates and dues payable thereon for passing to be incurred such slide shall have been paid ; and the owner, conductor or person in charge of any by the person in charge.
Timber which shall have passed any such slide, who shall refuse or neglect forth with to pay the rates, tolls and dues thereon, shall incur a penalty of ten shillings for each day he shall refuse or neglect to pay the same,-and such penalty shall be payable with such
rates, tolls or dues, and before the Timber so detained shall be released ; and if such Tolls, &c., bo not paid with rates, tolls and dues, with the said penalty, be not paid within ten days after the timber in ten days, the shall have been so detained, such timber, or so inuch thereof as may be required to pro
duce the sum payable, shall and may be sold by the collector or person appointed as aforesaid, who shall retain out of the proceeds a sum equal to the said rates, tolls and dues and the said penalty, and shall pay over the surplus and deliver the remainder of the said Timber (if any) to the owner thereof, or to the conductor or person in charge of the same when it was so detained as aforesaid.
Part of Sect. 16, of 9 Vict.
to the Commissioners.
X. And be it enacted, That so much of the sixteenth section of the said first recited
Act as provides that it shall not be lawful for the Commissioners of Public Works to deand larger la part in any case more than five hundred yards from such line or lines as shall have been tion allowed
delineated on the maps or plans of any Public Work submitted to and approved of by the Legislature, be and the same is hereby repealed, and that it shall and may be lawful for the Commissioners of Public Works to deviate from any line or lines in any map or plan
as aforesaid for a distance not exceeding one mile. Sect. 25, and XI. And be it enacted, That the twenty-fifth section and so much of the thirtieth sec. part of Sect.
tion of the said first recited Act as relates to the time of bringing forward claims which 30, of 9 Vict. c. 37, repealed. had arisen before the passing of the said first recited Act, be and the same are here
MONTREAL :-Printed by STEWART DERBISHIRE & GEORGE DESBARATS,
Law Printer to the Queen's Most Excellent Majesty.
ANNO DECIMO ET UNDECIMO
An Act for regulating the Shipping of Seamen.
[ 28th July, 1847. ] HEREAS great frauds have been practised and much inconvenience felt from Preamblo.
the system of shipping Seamen at the Port of Quebec, in that part of the Province which heretofore constituted the Province of Lower Canada: 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 ca· nada; and it is hereby enacted by the authority of the same, That from and after the A shipping passing of this Act, it shall be lawful for the Governor, or the Person administering the appointed
for Government of this Province for the time being, to constitute and appoint during plea- the Port of sure a fit and proper person to be Shipping Master for the said Port of Quebec, and who shall previously to entering upon his duties as such Shipping Master, himself, with two responsible sureties, enter into bonds to Her Majesty, Her Heirs and Successors in He shall give the penal sum of five hundred pounds currency each, for the faithful discharge of his security. duty, (which bonds shall enure to the benefit of all parties who may be damnified by the misseasance, malfeasance or nonfeasance of the said Shipping Master, and all parties damnified shall be entitled to recover from him and his sureties before any Court of competent jurisdiction to the amount to which they may have been so damnified): and the And take an said Shipping Master shall, before entering upon the duties of his office, take and subscribe the following oath, before any of Her Majesty's Justices of the Court of Queen's Bench for the District in which the Shipping Master shall reside:
" I, A, B. do solemnly swear that I will faithfully and truly perform the office and His oath of “ duty of Shipping Master according to the true intent and meaning of an Act passed office.
by the Legislature of this Province, in the tenth and eleventh year of Her Majesty's Reign, intituled, An Act for regulating the Shipping of Seamen ; that I will not, either
directly or indirectly, personally, or by means of any other person or persons on my “ behalf, receive any fee, reward, or gratuity whatsoever, by reason of any function of “ my office as Shipping Master, except such as are allowed to me by the said Act; " and I will not directly or indirectly accept of any bill or draft, bon or note, from any “ Seaman whatsoever; and that I will act without partiality, favor or affection, and to " the best of my knowledge; So help me God.”
oath of office.