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any real estate or securities thereon, bona fide mortgaged, assigned or hypothecated “ to the said Society, either to secure the payment of the shares subscribed for by its “ members, or to secure the payment of any loans or advances made by or debts due “ to such Society, and may also proceed on such mortgages, assignments or other “ securities for the recovery of the moneys thereby secured, either at law or in equity,
or otherwise;" And whereas, owing to the forms of procedure in the Courts in that part of the Province known as Lower Canada, and from the want of proper means to carry out the provisions of the said clause, difficulties may occur ; and it is also expedient that no doubt should exist with respect to the power and legality of carrying into force the stipulations of the shareholders among themselves, or as to the power of every such Society to loan money on property actually belonging to any member thereof, before and at the time at which any moneys may be advanced, as well as for the actual purchase of such property and erection of buildings thereon: 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 from and after the passing of
Certain agreements this Act, whenever any such Society shall have received from any shareholder a mortgage for the sale of proor hypothec, or an assignment or transfer of any real estate belonging to him or her, to any Building Society, secure the payment of any advances, and containing an authority to the said Society declared valid. to sell such real estate in case of non-payment of any stipulated number of instalments or sums of money (as every such Society is hereby and by the said Act was authorized to do), and containing also authority and power to the said Society to apply the proceeds of such sale to the payment of the advances, interest and all other charges due to the said Society, and after perfect payment thereof and of all costs and expenses incident thereto, to pay over the balance to the owner of such estate, such stipulations and agreement shall be valid and effectual and binding to all intents and purposes whatsoever, and it shall be lawful for every such Society to cause the same to be enforced and executed by an action or proceeding in the usual course in any Court of same. Law within that part of this Province called Lower Canada, having competent jurisdiction, and such action may be brought in the corporate name of any such Society, or in the names of the President and Treasurer of any such Society, describing them to be such President and Treasurer.
II. And be it enacted, That in any action or proceeding to be instituted by any such What it shall be suffiSociety for the purpose of realizing or bringing to sale any property or estate cient to allege in any hypothecated, mortgaged or assigned to the said Society by any person or persons as aforesaid, it shall not be necessary to set forth the special matter in the declaration, but it shall be sufficient to allege that the defendant hypothecated, mortgaged or assigned (as the case may be) the real estate, describing the same, to the said Society, and that the amount, or sufficient part of the amount stipulated by such party to be paid, has become and remains due and owing, whereby by virtue of this Act and of the Act hereby amended, an action hath accrued to the said Society, to have the said estate and property sold; and in order to maintain such action, it shall be sufficient, What only need be in addition to the customary evidence of the hypothec, mortgage or assignment of such proved to maintain property or estate, to prove by any one witness, whether in the employment of, or a shareholder in such Society or not, or by any other means, that the defendant is in arrear and indebted to the said Society in or exceeding a sum on the accruing of which, by the terms of such hypothec, mortgage, assignment or agreement, the said Society may have the right to have the said property or estate sold ; and thereupon Advertisement and the Court shall give judgment for the said amount, and by such judgment order the sale of the property. property to be sold by the Sheriff of the District wherein it may be, after three insertions in the course of four months in the Canada Gazette ; and it shall not be necessary for the Sheriff to go through any formalities in seizing the said lands or
Action to enforce tho
otherwise ; but all the laws of that part of the Province called Lower Canada, with respect to the protection of immoveable property under seizure, and with respect to the filing of oppositions to, and after the sale of lands or immoveable property, to the payment, return and distribution of the money, to the re-sale of such immoveable property at the folle enchère of any purchaser, and to the obtaining possession of any
such immoveable property after sale, shall be applicable to the proceedings authorized Certain provisions ex- by this Act; and the provisions of all laws and ordinances of Lower Canada, or of tended to proceedings this Province, regulating the sale of real estate, and the judicial proceedings relative this
thereto, are, in so far as applicable and not otherwise provided for by this Act, hereby extended to all proceedings to be had under this Act; and if it be not otherwise herein directed, all such proceedings, in so far as may be, shall be conducted in like manner as proceedings under ordinary Writs of Execution, and the deed to be given by the
Sheriff shall have the like effect as a deed given under an ordinary Writ of Execution ; Proviso : Sheriff's Provided always, that the Sheriff of the District shall, in addition to his disbursements, poundage.
be entitled to deduct only One per centum commission from the gross proceeds of sale. Forfeiture of shares III. And be it enacted, That every such Society shall have power to forfeit and on which instalmente declare forfeited to the said Society, the shares of any memler who may neglect or are not paid.
be in arrear to pay such number of instalments as may be or are fixed by any stipulations, or by law; and that every such Society may pursue the same course, exercise the same power, and take and use the same remedies to enforce the payment of any debt or demand due to such Society, as any person or persons, body corporate
or politic, may now by law take or use for such purpose. Doubts under Sects. I IV. And whereas doubts have arisen as to the construction of the first and tenth and 10 ofthe amended Act recited.
Sections of the Act hereby amended, with respect to the right of any such Society to loan and advance money on property and estate, actually belonging to and acquired
by the borrower, at the time of such borrowing and advance, and it is expedient to The said doubts re- remove such doubts; Be it therefore enacted and declared, and it is therefore declared
to have been and to be the intention of the said Act, That every such Society should have the power to advance, and every such Society is hereby authorized to advance in the usual manner, moneys on any real estate whatsoever of any member of the said Society, as well for the actual purchase of the same and for the erection of buildings thereon, as generally upon the security of any real estate belonging to any such member at the time of his borrowing such moneys, and to take and receive a mortgage, hypothec or assignment of all such real estate whatsoever in security for such advances, on the same conditions and with the same privileges in all respects as any other real estate by the said Act, and by this Act authorized and required to be mortgaged, hypothecated or assigned ; and further, that all securities heretofore taken for moneys advanced in the manner above mentioned, shall be valid and binding on the parties
to all intents and purposes whatsoever, and in the same manner as if taken under this Any person or corpo. Act; and that all or any person or persons whosoever, whether capitalists or otherwise, ber of any such socie: shall be at liberty to become members of any such Society ; and that copartners and
corporate bodies may hold shares therein, in same manner as single individuals.
V. And be it enacted, That this Act shall be a public Act, and as such be judicially taken notice of by all Judges and Justices, and other persons whomsoever, without being specially pleaded.
[ 2d August, 1851. ) HEREAS it is expedient to provide for the payment of such additional
members of the Police Force established under the Ordinance of the Legislature of Lower Canada, passed in the second year of Her Majesty's Reign, and intituled, An Ordinance for establishing an efficient system of Police in the cities of Quebec and Montreal, as it may be found necessary to employ more especially in the Harbour and
& Vict c. 2.
Port of Montreal : 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 out of any money received for tolls, rates and wharfage dues, by the Expenses of River Commissioners for the improvement and enlargement of the Harbour of Montreal, and Police at Montreal remaining in their hands in any year after defraying all the special charges payable out Harbour dues, after of the same during such year, it shall be lawful for the Governor to direct the said paying all prior
charges thereon. Commissioners to pay over to such officer or person as he may designate, such sum as may be required to defray the expenses attending the employment of such additional members of the said Police Force, as it may have been found necessary to employ during such
year to act more especially as constables in the harbour and port aforesaid; the number of such additional members of the said Police Force to be so employed, and the remuneration to be allowed for their services, having been, previously to their employment, determined by the Governor in Council ; and the officer or person to whom such sums shall be paid by the said Commissioners shall apply the same to the payment of the expenses aforesaid, under such instructions as he shall receive from the Governor in that behalf, and shall account for the same in such manner and form as the Governor shall direct; and the due application of the said money 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 direct.
CAP. X X V.
( 2d August, 1851. 1
Force acting as Constables in the Port of Quebec, under the provisions of the Ordinance of the Legislature of the Province of Lower Canada, passed in the second year of Her Majesty's Reign, and intituled, An Ordinance for establishing an efficient Ordinanco L. C. 2. system of Police in the Cities of Quebec and Montreal, has been heretofore defrayed by Vict (1) c. 2. means of the voluntary contributions of the owners and masters of vessels trading to the Port of Quebec, and of merchants and others interested in the trade of the said port; And whereas it is expedient that provision should be made for raising a fund to defraying such expenses in future: 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 master or commander of every Tunnage duty imposvessel of the burthen of one hundred tons or more, entering at the Port of Quebec ed on vessels entering from any port or place situate beyond the eastern limits of this Province, or clearing at the said Port of Quebec for any port or place situate beyond the eastern limits of this Province, shall, over and above all other sums payable under any Act or Law now in force or hereafter to be enacted, pay to the Collector of Her Majesty's Customs at the Port of Quebec, a sum equal to Three Farthings for every ton of the registered measurement of such vessel.
II. And be it enacted, that the Collector or other Officer of Her Majesty's Customs Entry or clearance not at the Port of Quebec, shall not grant any entry inwards, or a clearance outwards, to to be granted to any any vessel of the burthen of one hundred tons or more, for or from any port or place be paid.
until such duty situate beyond the eastern limits of this Province, unless and until the master or
at or clearing from the Port of Quebec.
commander of such vessel shall have paid to such Collector the full amount of tonnage
duty payable in respect of such vessel under the foregoing section of this Act. Penalty on Masters of
III. And be it enacted, That the master or commander of any vessel liable to pay vessels not requiring clearance for leaving such tonnage duty as aforesaid and not requiring a clearance, who shall leave the port without paying the said duty.
of Quebec for any port or place situate beyond the eastern limits of this Province, without having paid to the Collector of Her Majesty's Customs at the Port of Quebec the full amount of tonnage duty payable in respect of such vessel under the provisions of this Act, shall incur a penalty not exceeding Fifty Pounds to be recoverable in like manner
as penalties for breach of the laws relative to duties of customs. Duties to be paid over IV. And be it enacted, That the moneys levied under the authority of this Act as to Receiver General,
aforesaid, shall be paid by the Collector of Her Majesty's Customs at the Port of Quebec,
into the hands of the Receiver General, for the purpose hereinafter mentioned. Duty may be reduced V. And be it enacted, That it shall be lawful for the Governor in Council from time and again raised.
to time to reduce, and having reduced, again to raise, and so, as often as may be deemed advisable, the rate of tonnage authorized to be levied as aforesaid, but so as the same
shall at no time exceed the said rate of Three Farthings per ton measurement. Sums arising from cer- VI. And be it enacted, That it shall be the duty of every person having in his hands tain sources to be paid over to the Inspector or possession any sum or sums of money heretofore raised by voluntary contribution, of Police,
for the purpose of defraying the expense of a River Police in the Port of Quebec, or arising from the public sale by the Harbour Master of the Harbour of Quebec of any unclaimed timber or other things found by the members of the Police Force aforesaid in the River Saint Lawrence, or any boats, oars, boat-tackle or other effects or property of any kind heretofore used by such River Police, forthwith to pay and deliver over the same to the Inspector and Superintendent of the Police for the City of Quebec, who is
hereby authorized and required to receive the same. Inspector of Police to VII. And be it enacted, That the Inspector and Superintendent of the Police for the be deemed the finder of certain articles City of Quebec, shall be held and deemed to be the finder of any thing found in the under 12 Vict. c. 116. River St. Lawrence by the members of the Police Force aforesaid, within the true
intent and meaning of the ninety-ninth Section of the Act passed in the twelfth year of Her Majesty's Reign, intituled, An Act to consolidate the Laws relative to the powers and duties of the Trinity House of Quebec, and for other purposes, and that two thirds of the net proceeds of the sale of any such thing in virtue of the said Act, shall revert and be
paid to him accordingly. Application of money VIII. And be it enacted, That all moneys raised, levied and received under the raised under this Act,
authority of this Act, and all moneys heretofore raised by voluntary contribution, as aforesaid, and paid over and received under the authority of this Act, shall be applied by such Officers or persons, and under such rules and regulations as the Governor of this Province shall from time to time appoint for that purpose, in defraying the expense of maintaining and paying the members of the Police Force acting as Constables in the Port of Quebec, under the Ordinance cited in the Preamble to this Act.
CA P. XX VI.
12 Vict, c, 117.
An Act to amend the Montreal Trinity House Act.
[ 2d August, 1851. ] HEREAS it is expedient to amend a certain Act of the Legislature of this
Province, passed in the Session held in the twelfth year of the Reign of Her present Majesty, intituled, An Act to repeal a certain Act and Ordinance therein mentioned, relating to the Trinity House at Montreal, and to amend and consolidate the provisions thereof, for the purpose of empowering the said Trinity House to regulate the rates of certain tonnage duties, and establishing a summary mode of enforcing the payment of the same : 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 Master, Deputy Master and Wardens of the Trinity Trinity House may House at Montreal, shall have power from time to time, with the approval of the duty under Sect. 41. Governor in Council, to reduce or increase the rate of tonnage duties imposed by the forty-first section of the Act hereby amended, so that no greater or less sum may be exacted from the shipping than it is necessary to expend for the maintenance of the lights and the security of the navigation : Provided always, that the rate of the said Proviso, tonnage duties shall never be made to exceed the rate fixed by the forty-first sectiou of the said Act.
II. And be it enacted, That any reduction that may have heretofore been made in the Reduction already rate of the said tonnage duties by the Master, Deputy Master and Wardens of the mado confirmed. Trinity House at Montreal, under the sanction of the Governor in Council, shall be and is declared to be valid and is hereby ratified and confirmed, and all parties concerned in the said reduction are hereby indemnified from all legal liabilities consequent on their participation therein.
III. And be it enacted, That the forty-sixth section of the said Act, in so far as it Sect. 46 repoaled as relates to the recovery of the tonnage duties imposed by the forty-first section of the regards the duties, said Act, is hereby repealed, and that the following provisions be substituted in its place, viz : That the said tonnage duties shall or may be collected from the owner, agent, Modo of recovering master, commander or person in charge of any ship, steamer or other vessel subject such duties. thereto, by the Collector of Her Majesty's Customs at the Port of Montreal or the Port of Quebec, or by the Master, Deputy Master and Wardens of the Trinity House of Montreal, or the Registrar and Treasurer thereof (as the case may be,) before any Court of competent jurisdiction, or if they or each of them deem it advisable, before any Magistrate residing in the City of Montreal or in the City of Quebec, if the sum demanded do not exceed Eleven Pounds currency, and if the sum demanded do exceed Eleven Pounds currency, then before any Court of competent jurisdiction ; and the power to seize the above named parties, or each of them, shall also have power and authority immediately Vessel, co which upon the non-payment of the said duty or any part thereof, even before judgment, to seize any ship, steamer or vessel, or any article or thing thereunto belonging, upon which the said duties may be owing, and detain it or them at the risk, cost and charge of the owner until the sum due and the costs and charges incurred in and about such seizure and detention be paid in full; and such seizure may be had and obtained upon the order of any Judge or Magistrate for the District of Montreal or Quebec, or upon the order of the Collectors of Customs at the Ports of Montreal or Quebec respectively, when not acting as applicants themselves in the matter as hereinafter enacted, which On what application order such Judge, Magistrate and Collectors of Customs are and each of them as made, aforesaid is hereby authorized and required to give upon the application of the Master, Deputy Master and Wardens of the Trinity House of Montreal or the Registrar and Treasurer thereof, or of the Collector of Customs of the Port of Montreal or the Port of Quebec, on the affidavit of any one credible person, that any sum is due for such duty as aforesaid ; and the said order may and shall be executed by any constable, bailiff or other person whom the said parties or any of them may choose to intrust with the execution thereof, and which said constable, bailiff or other person is hereby authorized and
empowered to take all necessary means, and to take and require all necessary aid to enable him to execute the said order.
such seizure may be