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No application IV. And be it enacted, That for and notwithstanding anything in the said Act, no to be received after 3 months application for any advance under the said Act shall be received by the Commisioners and the pow.. appointed or to be appointed under the said Act, after the expiration of three calendar missioners to months from the passing of this Act; and that all the powers of the said Commis
sioners shall wholly cease and determine after the expiration of one year from the same months, from the passing of time: and the said Commissioners shall with all convenient speed thereafter, render
an account of their proceedings, in writing, and deliver up the papers, accounts and documents in their possession, as in and by the twenty-sixth section of the said Act it is provided.
cease in 12
this Act. Commissioners to account &c. as under s. 26, of 9 V. c. 62. Provisions of
V. Provided always, and be it enacted, That all the provisions of the said Act not the said Act to inconsistent with this Act, shall apply to the Debentures to be issued under this Act, the
advances to be made to parties, and to the conditions and consequences thereof, as if
the provisions hereby made had been part of the said Act, instead of the provisions for cept when in which they are substituted, and so much of the said Act as may be inconsistent with
this Act shall be and is hereby repealed, but no other part of the said Act shall be construed to be hereby repealed or invalidated.
consistent with it.
MONTREAL :- Printed by STEWART DERBISHIRE & GEORGE DESBARATS,
Law Printer to the Queen's Most Excellent Majesty.
An Act to make provision for the subsistence of the Widow of the late
Honorable Joseph Rémi Vallières de St. Réal.
[ 28th July, 1847. ] Most GRACIOUS SOVEREIGN:
E, your Majesty's dutiful and loyal subjects, the Commons of Canada, in Provin- Preamble.
cial Parliament assembled, having taken into consideration the Message of His His ExcellenExcellency the Governor General, bearing date the sixth day of July, one thousand eight of oth July, hundred and forty-seven, wherein His Excellency is pleased to state, that, taking into 1817, reci.ed. consideration the high Scholastic and Literary attainments of the late Honorable Jo-' seph Rémi Vallières de St. Réal, in his lifetime Chief Justice of the District of Montreal, his encouragement of Science and the Arts, and his eminent position as a public man, independent of his judicial office, together with the destitution of his Widow and his aged Mother, and the recommendation in the said Message made, and having resolved to grant Your Majesty the sum of two hundred pounds currency, annually, to enable Your Majesty to provide for the subsistence of the Widow of the said late Honorable Joseph Rémi Vallières de St. Réal, during the term of her natural life,--do most humbly beseech Your Majesty that it may be enacted, And be it 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 for re-uniting the Provinces of Upper and Lower Canada, and for the Goverizment of Canadle, and it is hereby enacted by the authority of the same, That out of any unappropriated mo- £200 approprinies, forming part of the Consolidated Revenue Fund of this Province, there shall be ated annually annually paid, by warrant, under the hand of the Governor or Person administering sion of a like the Government of this Province, the sum of two hundred pounds currency, to the amount to Widow of the said late Honorable Joseph Rémi Vallières de St. Réal, during the term of lières de St. her natural life, to afford her the means of subsistence; and that the due application
Accourting of the same shall be accounted for to Her Majesty, Her Heirs and Successors, through clause. the Lords Commissioners of Her Majesty's Treasury, in such manner and form as Her Majesty, Her Heirs and Successors shall be pleased to direct.
MONTREAL :--Printed by STEWART DERBISHIRE & GEORGE DESBARATS,
Law Printer to the Queen's Most Excellent Majesty,
An Act to facilitate the partition of Lands, Tenements and Hereditaments in certain cases in Lower Canada.
[28th July, 1817.] W
HEREAS in some instances Townships have been erected by Letters Patent Preamblo.
under the Great Seal of the late Province of Lower Canada, and the Waste Recital. Lands of the Crown in the said Townships have been by the said Letters Patent granted to the grantees therein named, as tenants in common, which grantees made no partition thereof, and the said Lands continue to be held in common by persons who have derived their titles from the said grantees; and whereas by reason of the great length of time which has elapsed since the making of the said Letters Patent and the mutations which have occurred in the persons seized of and entitled to the said Lands, under alienations made by the said grantees, their heirs and assigns, and by descent or inheritance the co-tenants in common now seized of the said Lands and in whom the same are vested, have become very numerous, and are, as well as the titles under which they respectively hold, for the most part unknown to each other, and from these causes, it is impracticable
, by the ordinary process of law, to compel a partition of the said Lands; and whereas the settlement, cultivation and improvement of the said Townships, in which I grants have been made as aforesaid, for the want of a partition of the Lands
as aforesaid, have been prevented and obstructed and retarded to the manifest injury of the proprietors of the said Lands, and of the country at large; and whereas special Legislative provision is indispensably necessary to facilitate a partition of the Lands held as aforesaid: Be it therefore enacted by the Queen's Most Exce.lent 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 Lower Cinula, and for the Government of Canada, and it is hereby enacted by the authority Tenants in of the same, That it shall be lawful for any person or persons seized as tenant or te- lands situate in nants in common of Lands, Tenements and Hereditaments, situated in Townships in Townships in Lower Canada, in which the said Lands were originally granted by Letters Patent un- certain cases der the Great Seal of the Province of Lower Canada, to the grantees therein named as presenta tenants in common, by his or their petition in this behalf to the Court of Queen's Bench Queen's for the District in which such Lands, Tenements and Hereditaments are situated, to set Bench, deforth his title to the said Lands, Tenements and Hereditaments, whereof he is seized partition of the as aforesaid, and to demand a partition thereof among the several persons by whom the theru held.
Perition to the
have the like
of title of te.
same may be held as tenants in common, in like manner as in an action of partition inThe Court to stituted in the ordinary form of law: and the Court to which such petition shall be jurisdiction as presented, shall have power to exercise the same jurisdiction, and to adjudge and award in an action of the same remedy to the petitioner or petitioners, against his or their co-tenants in compartition.
mon as might or could be exercised, adjudged and awarded in such action of partition. The Court, II. And be it enacted, That after the petitioner shall have substantiated, by primá after primâ
facie proof to the satifaction of the said Court, that he is seized of Lands, Tenements facie evidence
and Hereditaments held by him as tenant in common as aforesaid, in any such Townmon petition- ship, it shall be lawful for the said Court by its judgment or order in this behalf, to oring, shall ap. der and direct, that the several co-tenants in common by whom the said Lands, Tenepoint a line for
ments and Hereditaments are held in common with the petitioner, shall and do on some certain day, in a future Term of the said Court, not less distant than twelve months, appear in the said Court, and answer the petition aforesaid, and shall and do at the same time make and exhibit a claim, or demand in intervention, to be filed in the said Court, of their respective shares, rights and interest in the said Lands, Tenements and
Hereditaments, and also to order and direct that its said judgment or order in the premade public,
mises, shall be posted up, in some frequented place in the Township in which the said and how pub- Lands are situated, and if there be no frequented place in such Township, then in some .
frequented place in the next adjoining Township, at least fourteen days before the time appointed for the appearance of the said co-tenants as aforesaid, and shall also be published in the Quebec and Montreal Gazettes twice a week, during the same period immediately preceding the time to be appointed as aforesaid.
other tenants in common to answer the Petition.
Order of the
and on all de mands in intervention.
an action of
deinands in intervention.
After publica III. And be it enacted, That after the judgment or order of the said Court shall tion the Court have been posted up and published in manner aforesaid, and after the time appointed final judgment for the appearance of the co-tenants, and the making of their claims as aforesaid, it on the petition shall be lawful for the said Court to take cognizance of, hear, and determine, as well
of and upon the Petition aforesaid, as of and upon the several claims or demands in
intervention, which may have been made by co-tenants in common, or persons profesParties inter- sing to be such as aforesaid : And it shall be lawful for any of the co-tenants who may controvert ihe appear in pursuance of such judgment or order, as aforesaid, to controvert and plead petition as in to the allegations contained in the said Petition, and make their defence to the same, partition. as might be done by Defendants to a Declaration in an action of partition ; and in like Petitioner may manner the said Petitioner or Petitioners may, by plea, controvert and plead to the controvert the claims or demands in intervention of his or their co-tenants, or persons professing to
be such, and issues of law and fact, may be raised and perfected, as well on the said Petition as on the said claims or demands in intervention, in like manner as might or could be done, in original actions, in the ordinary administration of Justice, to the end that it may be adjudged and determined by the said Court, whether, upon the said Petition, and upon the said claims or demands in intervention, a partition shall be
made, and if made by and between whom, and for whose benefit the same shall be made. Court may ad IV. And be it enacted, That it shall and may be lawful for the said Court, upon the inobeto a parti. Petition aforesaid, and upon the claims or demands in intervention aforesaid, to adjudge made as in an that a partition shall be made, and by and between whom the same shall be made, in tition, which like manner as could and might be done in an action of partition, and to have and shall be hind exercise upon the said Petition, and upon the said claims or demands in intervention, all and every the powers which might by the said Court be lawfully exercised in such