« PreviousContinue »
So much of any Act enacted by the authority of the same, That so much of any such Act or Acts now in as confers certain pris force in tặis Province, whether public, local or personal, as confers any privilege, trate, &c., repealed. either as to notice or limitation of action, or as to amount of costs, or as to pleading
the general issue and giving the special matter in evidence, or as to the venue of the action, or as to tender of amends or payment of money into Court, upon any Magistrate, public officer, or other person, for any act done, either by virtue of his office, or under the provisions of any such Act or Acts, be and the same is hereby repealed, except as to any action, suit or proceeding which has been commenced or
prosecuted before the passing of this Act. Notice to be given to II. And be it enacted, That no Writ shall be sued out against any Justice of the any Magistrale, in a certain form, and the
Peace or other officer or person fulfilling any public duty, for any thing by him plaintiff to be bound done in the performance of such public duty, whether such duty arises out of by such notice,
the common law, or is imposed by Act of Parliament, either Imperial or Provincial, nor shall any judgment or verdict be rendered against him, unless notice in writing of such intended Writ, specifying the cause of action with reasonable clearness, shall have been delivered to such Justice, officer or other person, or left at the usual place of bis abode, by the Attorney or Agent of the party who intends to sue out such Writ, at least one calendar month before suing out such Writ, and in computing such calendar month, the day of the service of such notice and the day of suing out such Writ shall both be excluded, and on such notice shall be written the name and place of abode of such Attorney or Agent suing out such Writ, and by the cause of action stated in such notice the party suing out such Writ shall be bound, and shall not be allowed to give
evidence of any other cause of action at the trial thereof. Such Magistrate, &c, III. And be it enacted, That any such Justice, officer or other person acting as may tender amends : Consequences of such aforesaid, may, at any time within one calendar month after the service of such notice
as aforesaid, tender amends to the party complaining, or his agent or attorney; and in case the saine is not accepted, may plead such tender in bar to any action brought against him grounded on such Writ, together with the plea of not guilty, and any
other plea; and if the Court or jury shall find the amount tendered to bave been sufficient, they shall find for the defendant; but if the Court or jury shall find they were insufficient, or that no tender of amends was made, and they shall also find the other issues against the defendant, or if they find against the defendant where no tender of amends is made or pleaded, then they shall give a judgment or verdict for the plaintiff, with such damages as they shall think proper, and the plaintiff shall have his costs
of suit. In what county the IV. And be it enacted, That any such action against such Justice, officer or other
person, acting as aforesaid, shall be laid and tried within the County in Upper Canada
or District or Circuit in Lower Canada, as the case may be, where the act complained Proviso as to chang- of was done and committed : Provided always, that such Justice, officer or other ing the venue.
person, acting as aforesaid, may change the venue in such action, upon notice to the plaintiff in such action, if he shall think fit so to do: And provided also, that the venue may be changed to any other County in Upper Canada or District or Circuit in Lower Canada, as the case may be, that the Court in which such action is brought, or any Judge thereof in Chambers may order, if it shall be made appear to such Court or Judge that such action cannot be tried fairly and without prejudice in the County or
District or Circuit in which the venue in such action is laid: General issue may be
V. And be it enacted, That every such Justice, officer or person acting as aforesaid, pleaded and special in any such action or suit as aforesaid, may plead the general issue only thereto, that mauer given in evid
he or they is or are not guilty, and give all special matters of justification or excuse, or that he or they received no notice of action thereunder, as fully and amply as if the
same were specially pleaded in such action. Magistrate may pas VI, And be it enacted, That it shall be lawful for such Justice, officer or other money into Court.
person acting as aforesaid, if he shall not have tendered amends, or shall have tendered insufficient amends, to pay into Court such sum as he shall think fit, without requiring the leave of the Court or a Judge therefor; and such payment into Court shall be
venue shall be laid.
fendant shall recover
specially pleaded, and shall have the same effect, and such proceedings shall be had thereafter, as in ordinary cases of payment of money into Court.
VII. And be it enacted, That if in any such action or suit, judgment shall be rendered What costs the dein favor of such Justice, officer or other person acting as aforesaid, either on demurrer, if successful. verdict, non-suit, or non-pros, or otherwise, or the plaintiff shall discontinue his suit, the defendant shall be entitled to and recover against the plaintiff all his costs, as between attorney and client, but no double or treble costs shall in any case be taxed or allowed against the plaintiff
. VIII. And be it enacted, That no such action or suit shall be brought against any Limitation of action Justice, officer or other person acting as aforesaid, for any thing done by him in the against Magistrates, performance of his public duty, as aforesaid, unless commenced within six calendar months after the act committed.
IX. And be it enacted, That the privileges and protection given by this Act, shall Privileges to extend to be given to such Justice, officer or other person acting as aforesaid, only, and to no the Magistrate, &c., other person or persons whatever, and any such Justice, officer and other person acting cases to him. as aforesaid, shall be entitled to such protection and privileges in all such cases as he shall act bona fide in the execution of his duty, although in such act done, he shall have exceeded his powers or jurisdiction, and have acted clearly contrary to law.
CAP. L V.
[ 30th August, 1851. ]
Session thereof held in the fourth and fifth years of Her Majesty's Reign, intituled, An Act to encourage the establishment of and regulate Savings Banks in this 4 & 5 Vict. c. 32, cited. Province, it is amongst other things enacted That the said Act should continue and remain in force during ten years from and after the passing thereof, and from thence until the end of the then next ensuing Session of the Legislature, and no longer; And whereas it is expedient that the said Act should be further continued for a limited time : 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 so Said Act continued for much of the said Act as limits the duration thereof as aforesaid, shall be, and the same five years, &e, is hereby repealed; and that the said Act shall continue and remain in force during five years from and after the passing of this Act, and from thence until the end of the then next ensuing Session of the Legislature, and no longer.
CAP. LVI. An Act to extend the period for payment of Fees on Crown Patents, and for other purposes therein mentioned.
[ 30th August, 1851. ] HEREAS by the fifth section of the Act passed in the twelfth year of Her
Majesty's Reign, and intituled, An Act to amend an Act therein mentioned, and to make other provisions for the management and disposal of the Public Lands, and to limit the period for making Free Grants, it was declared That all lands upon the grant of which fees are now due, or upon which settlement duties remain to be performed, or the performance to be proved, should be forfeited, unless such fees were paid, and such settlement duty performed, and the performance thereof proved to the satisfaction
conditions are com
of the Governor in Council, by the thirtieth day of May, eighteen hundred and fiftyone ; And whereas there is good reason for believing, that in consequence of the said Act not having obtained sufficient publicity, many persons are in danger of being injuriously affected by the provisions thereof: 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 No forfeiture to take enacted by the authority of the same, That no forfeiture of such lands shall take place place, provided certain
in regard to any located lands with reference to which the Governor in Council may plied with by 1st Au- not have already taken action with a view to their resumption in consequence of non
occupation and improvement, provided that payment of such fees be made, and also provi that satisfactory proof as respects the performance of settlement duties, and the fulfilment of the conditions which pertained to each location having been made, be furnished to the Commissioner of Crown Lands by the first day of August, which will be in the year of our Lord, eighteen hundred and fifty-two : Provided always, that it shall be lawful for the Governor of this Province, by Proclamation to be published in the Canada Gazette, to extend trom time, to time as he may think fit, the provisions
of this and the subsequent section. Failure to perform II. And be it enacted, That from and after the first day of August, one thousand such conditions, to cancel the location,
eight hundred and fifty-two, such locations as the fees shall not have been paid upon, and with regard to which there shall be failure of proof of performance of settlement duties and fulfilment of the conditions, as mentioned in the next preceding section, shall cease to exist as locations, and such persons as may be in occupation, or may have improved thereon, shall in no other way receive Patents than as purchasers, upon such terms as the Governor General in Council, or others duly authorized by the Governor General in Council, shall recommend and adjudge.
III. And be it enacted, That nothing contained in the second section of this Act shall list of 4th April, 1839, be construed to have the effect of restoring or confirming any locations contained in a
certain Schedule of unpatented lands published by the Commissioner of Crown Lands, and bearing date the fourth day of April, eighteen hundred and thirty-nine, which were found upon inspection unoccupied and unimproved, and in regard to which the Governor General has not admitted the claims of any persons who have asserted claims thereto, either as original locatees, or as deriving claim from them, but that such lands shall be set apart for sale, and be disposed of as ordinary Crown Lands, except in cases where the Governor in Council may consider applicants equitably entitled to obtain original locations, or they shall prove themselves to be entitled to pre-emption in purchase, or where any lot in such list shall be found not to have been subject to
settlement duties. Right to obtain a pa- IV. And be it enacted, That any person whose right to obtain a Patent for lands has tent declared assignable in certain cases.
been, or hereafter shall have been established by any Commission under and by virtue of the Act passed in the eighth year of Her Majesty's Reign, and commonly known as the “ Heir and Devisee Act,” may, by an instrument in writing, assign, transfer and convey his right and interest to, or in the land to which he has or shall
have established his right as aforesaid, and such assignment, as well as all subsequent assignments, shall or may be registered, agreeably to the provisions of the thirtieth section of the Act passed in the session held in the fourth and fifth years of Her Majesty's Reign, and intituled, An Act for the disposal of Public Lands; and the last Assignee shall be entitled to a Patent upon proving compliance with all the conditions to which the
original location was subject. Exemption of certain
V. And be it enacted, That nothing contained in the third clause of the Act passed in the Session held in the fourth and fifth years of Her Majesty's Reign, Chapter one hundredth, shall be taken to prevent the issue of Patents for any lands duly located under Certificates of the Adjutant General of Militia under the Honorable Colonel
Act not to restore locations mentioned in the
Talbot, under the Land Boards instituted in the year one thousand eight hundred and nineteen, and under the Military Settling Department, but that the parties so located or their Assignees, Devisees or Heirs, shall receive Patents, without it becoming necessary that their locations shall be confirmed by Order in Council, upon proof being furnished to the Department of the Commissioner of Crown Lands, in the form required by this Act, that the conditions, which attach to such locations, have been complied with and upon payment of the Patent fees on such locations, as such Fees are chargeable thereupon ; excepting such cases only as, with respect thereto, there may be conflicting claims, and such conflicting claims shall be decided upon by the Governor General in Council.
[ 30th August, 1851. ]
Reign, intituled, An Act for the better management of the Public Debt, 19 Vict, c. 6, cited. Accounts, Revenue and Property, it is provided, That it shall be lawful for the Governor in Council to enter into arrangements with any of the Municipal or District Councils, or other local Corporations or authorities, for the transfer to them of any of the Public Roads, Harbours, Bridges, or Public Buildings, which it may be found more convenient to place under the management of such District or Municipal Council, or other local authority ; And whereas it is doubtful whether, under the provisions of the said Act, any District or Municipal Council, or local Corporation or authority, could acquire any such Public Roads, Harbours, Bridges or Public Buildings situate beyond and without the limits of such District or Municipal Council, or other local Corporation or authority; And whereas it is expedient to remove such doubt: 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 it shall and may be lawful to and Corporations em for any Municipal Corporation, or other local corporate body or authority, to contract powered to acquire for, purchase, acquire and hold any such Public Roads, Harbours, Bridges or Public beyond limits, Buildings, which, in and by the said recited Act, could lawfully be disposed of, whether the same be situate within the limits of such Municipal Corporation, or other corporate body or authority, or otherwise ; any thing in the said recited Act to the contrary notwithstanding
II. And be it enacted, That if any person or persons shall cut, break down or destroy Penalty for damages in any other way any of the Gates or Toll-houses erected on any road whereon Tolls to the road. may lawfully be taken, every such person so offending, and being lawsully convicted, shall be deemed guilty of a misdemeanor, and be punished by fine and imprisonment; and if any person or persons shall place or remove any earth, stone or timber on any such road, to the damage of the same, or shall forcibly pass or attempt to pass any of the gates without having first paid the legal Toll at such Gate, such person or persons shall pay all damage by him or them committed, and shall forfeit and pay a fine of not more than Five Pounds, nor less than Ten Shillings, to be recovered before any Justice of the Peace of the County or United Counties, or Mayor or Chief Officer of any City, Town or incorporated Village in which such Toll Gate is situate.
III. And be it enacted, That the fines and forfeitures authorized to be imposed by Fines,&c., how leviod: this Act, shall be levied and collected by distress and sale of the offender's goods and chattels, under the authority of any Warrant or Warrants to be issued for that purpose by such Justice as aforesaid, or any other Justice of such County or United Counties,
Persons evading payo ment of tolls fined.
Fines, &c., to whom paid.
Corporations bound to repair road.
or Mayor or Chief Magistrate of any City, Town or incorporated Village in such County or United Counties, who is hereby empowered to grant the same.
IV. And be it enacted, That if any person or persons shall, after proceeding on such road, with any of the carriages or animals liable to pay Toll, turn out of the same road into any other road, and shall enter the said road beyond any of the said Toll-gates, without paying Toll, whereby such payment shall be evaded, such person or persons shall, for every such offence, forfeit and pay the sum of Five Shillings, to be recovered before any Justice of the Peace for the County or United Counties in which such road is situate.
V. And be it enacted, That all fines and forfeitures collected under authority of this Act, shall be paid to the Treasurer of the local authorities or Companies owning the respective roads in respect of which such fines and forfeitures shall be imposed, for the use of such local authorities and Companies respectively.
VI. And be it enacted, That every such local corporate body or authority, shall keep every such road in good and sufficient repair, and upon default thereof shall and may be indicted at any Court of General Quarter Sessions of the Peace or other Court of Superior Jurisdiction of any County or Union of Counties within or along the boundary of which such road shall be out of repair, and upon being convicted, the Court before which such conviction shall be had, shall direct such local corporate body or authority to make the necessary repairs, for the want of which such prosecution shall have been commenced, within such time as to the Court shall seem reasonable; and that in case such repairs shall not be completed within such time, the County Council of the locality within or along the limits of which the road may be situate in part or wholly, shall and may cause the necessary repairs to be made, and the amount expended on such repairs, together with twenty-five per cent. of increase thereon, shall and may be recovered from the corporate body or authority owning the road and so neglecting to make such repairs, by action of debt in any Court of competent jurisdiction.
VII. And be it enacted, That any person or persons appointed to collect Tolls at any Toll-gates in Upper Canada, who shall demand Tolls at a higher rate than is authorized by law, from any person or persons passing through the same, or wilfully make any unnecessary delay in opening the same, shall incur a penalty of One Pound Five Shillings, to be levied in the same manner as other penalties imposed by this Act.
VIII. And be it enacted, That this Act shall apply only to Upper Canada.
Penalty incurred for neglecting the same,
Eracting unfair tolls punishable by fine.
CAP. LVIII. An Act to allow Notaries to call meetings of relations and friends, in certain cases, without being thereto specially authorized by a Judge.
[ 30th August, 1851. ] HEREAS great inconvenience and delays arise, and heavy expenses are
incurred, in consequence of the personal attendance of the relations and friends before a Judge of the Superior Court, or of the Circuit Court, being necessary in cases in which by the Laws of Lower Canada, the counsel and advice of relations and friends are required, where the said relations or friends reside within the distance of five leagues from the place at which any such Judge is to sit, and of the necessity of obtaining the formal authorization of a Judge of one of the said Courts to empower such relations and friends to appear before a Notary, or other person when such relations or friends reside beyond the said distance of five leagues : 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 whenever it shall