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Declaration to be subscribed for forming

a Library Association

or a Mechanics' In

stitute, or both, under

this Act.

Case of existing Institutions wishing to

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 any number of persons, not less than ten, having subscribed, or holding together not less than Twenty-five Pounds in money or money's worth, for the use of their intended Institution, may make and sign a Declaration (in duplicate) of their intention to establish a Library Association or a Mechanics' Institute, or both, (as the case may be,) at some place to be named in such Declaration, in which they shall also state the corporate name of the Institution, its purpose, the amount of money or money's worth subscribed by them respectively, or held by them for the use thereof, the names of those who are to be the first Trustees for managing its affairs, and the mode in which their successors are to be appointed, or new Members of the Corporation admitted, or in which Bye-laws are to be made for such appointment or admission, or for any other purpose, or for all purposes, and generally such other particulars and provisions as they may think necessary, not being contrary to this Act or to Law: or in case of a Mechanics' Institute or Library Association (or both united) take advantage of the already established or in existence, then, that the Directors, Trustees or the Office Bearers and Committee thereof for the time being, may make and sign a Declaration as aforesaid, of their wish or determination to become incorporated, according to the provisions of this Act, stating in such Declaration the Corporate Name to be assumed by such Institution or United Institutions, and also with such Declaration, to file in the manner hereinafter provided, a copy of the Constitution and Bye-laws of such Institution or United Institutions, together with a general statement of the nature and amount of all the property, real or personal, held by or in trust for such Institution or United Institutions: and one duplicate of such Declaration shall then be filed in the Office of the Registrar of Deeds for the County by one of the subscribing parties, who shall, before such Registrar, acknowledge the execution thereof by himself, and declare the same to have been executed by the other parties thereto, either in person or by their Attorneys; and the Registrar shall then keep one of the said duplicates, and deliver the other to the person filing the same, with a Certificate of the same having been so filed, and the execution attested before him, and such duplicate, or any copy thereof certified by such Registrar, shall be prima facie evidence of the facts alledged in such Declaration and Certificate.

same.

Copy of Constitution

and By-laws of such bodies, to be filed

with declaration and statement,

Declaration and Registrar's certificate to be primâ facie evd

ence.

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II. And be it enacted, That when the formalities aforesaid have been complied with, the persons having signed such Declaration as aforesaid, or the Directors, Trustees or the Office Bearers and Committee for the time being, of any such Institution or United Institutions now established or in existence as aforesaid, and their successors, shall be a body corporate and politic, and shall have the powers, rights and immunities, vested in such bodies under the Interpretation Act and by Law, with power to such Corporation, in their corporate name, from time to time, and at all times hereafter, to have, take, acquire, hold, possess and enjoy to them, and to their successors, to and for the uses and purposes of such Corporation, any messuages, lands, tenements or hereditaments, of what nature or kind soever, situate within this Province; but the yearly value of the real property to be held by any such Corporation, shall never exceed One Hundred Pounds currency.

III. And be it enacted, That the affairs of such Corporation shall be managed by the Directors or Trustees thereof for the time then being, appointed as hereinafter, or by any By-law of such Corporation provided, who, or a majority of whom, shall have full power to exercise all the powers of the Corporation, and to act in its name and on its behalf, and to use its Seal, subject always to any provisions limiting the exercise of such powers in the Declaration aforesaid, or in any By-law of the Corporation; and such Trustees, or a majority of them, shall have power to make By-laws binding the Members and Officers thereof, and such others as shall agree to be bound by them, for all purposes relative to the affairs and business of the Corporation, except as to matters touching which it is provided by the Declaration aforesaid, that By-laws shall be made in some other manner.

president and other

IV. And be it enacted, That the Members of such Corporation, at their Annual Members to appoint a Meeting, to be held on such day as may be provided by any By-law of the said officers, who may be Corporation, may choose from among themselves a President, and may appoint (except remunerated; in so far as it may be otherwise provided in the Declaration or By-laws) a Librarian, Treasurer, Secretary, Lecturer, and such other Officers and servants of the Corporation as they may think necessary, and fix and pay their remuneration; and also a Board of And a Board of DiDirectors or Trustees of such Corporation, who shall hold office for one year, or such rectors, &c. further time as may be hereinafter limited or permitted.

V. And be it enacted, That a failure to elect Trustees on any day appointed for that purpose by the Declaration aforesaid, or by any By-laws, shall not operate the dissolution of the Corporation, but the Trustees then in office shall remain in office until their successors are elected, which they may be (if no other provision be made therefor by the Declaration or By-laws) at any Meeting of the Members of the Corporation at which a majority of such Members shall be present, in whatever way such Meeting may be called.

VI. And be it enacted, That any such Corporation shall have power by its By-laws to impose a fine not exceeding One Pound, on any Member contravening the same, or on any person not being a Member of the Corporation, who shall in writing have agreed to obey the By-law for the contravention whereof it is imposed; and any such fine, if incurred, and any subscription or other sum of money which any Member or other person may have agreed to pay to the said Corporation, for his subscription to the funds of the Corporation for any certain time, or for the loan of any book or instrument, or for the right of entry to the rooms of the Corporation, or of attending any lectures, or for any other privilege or advantage afforded him by such Corporation, may be recovered by the Corporation by action in any Court having jurisdiction in civil matters to the amount, on allegation and proof of the signature of defendant to some writing by which he shall have undertaken to pay such subscription, or to obey such By-law, and of this breach of such undertaking, which breach shall be presumed until the contrary be shewn, as regards any promise to pay any sum of money, and may be proved by the oath of any one credible witness, as regards the contravention of any such By-law; and in any such action, or any other to which such Corporation may be a party, any Member or Officer of the Corporation shall be a competent witness, and any copy of any By-law bearing the signature of the defendant, or bearing the Seal of the Corporation, and the signature of some person purporting to have affixed such Seal by authority of the Corporation, shall be prima facie evidence of such By-law; and all fines so recovered shall belong to the Corporation for the use thereof. VII. And be it enacted, That any such Corporation may, if it be so stated in the said Declaration, be at the same time a Mechanics' Institute and a Library Association, or either of them, and their business shall accordingly be the ordinary and usual business of a Mechanics' Institute or of a Library Association, or both, as the case may be, and no other, but may embrace all things necessary and useful for the proper and convenient carrying on of such business; and their funds and property shall be appropriated and used for purposes legitimately appertaining to such business, and for no other. VIII. And be it enacted, That if it be provided in such Declaration as aforesaid, or by the By-laws of the Corporation, that the shares of the Members, or of any class of Members, in the property of the Corporation, shall be transferable, then they shall be transferable accordingly, in such way, and subject to such conditions, as shall be mentioned in such Declaration, or in the By-laws of the Corporation, if by such Declaration, such transfers are to be regulated by them; and all such shares shall be personal property, and by such Declaration or By-laws provision may be made for the forfeiture of such shares in cases to be therein named, or for preventing the transfer thereof to others than persons of some certain description, or resident within some certain locality. IX. And be it enacted, That provision may be made for the dissolution of such Corporation, by the Declaration aforesaid, or it may be therein provided, that such provision may be made by the By-laws of the Corporation to be hereafter passed:

Provided

Their term of office.

Trustees to remain in

office till their successors are appointed, they may be elected.

&c.; and as to when

Corporation may im

pose fine on members, &c., contravening Byment of same, and all

laws, and enforce pay

other dues, &c.

Corporation may, if
provided in declara-
Institute and Library
Association, or either.
Funds how to be used.

tion, be a Mechanics'

Shares may be made transferable in certain

cases;

To be personal proparty-When liable

to forfeiture.

Power of transfer re

gulated.

How dissolution of corporation may be

provided for.

Proviso: as to their liabilities.

How this Act shall apply.

Preamble,

Provided that no such dissolution shall take place until all the liabilities of the
Corporation are discharged.

X. And be it enacted, That nothing in this Act contained shall prevent any Mechanics' Institute or Library Association (or both united) from being and becoming incorporated by a separate Act of Parliament, as if this Act had not been passed; nor shall this Act be held in any way to affect or extend to any Mechanics' Institute, or Library Association already incorporated.

CAP. LXXXVII.

An Act to amend the Laws regulating the Election of Members of the Legislative
Assembly in certain Counties, in so far as relates to the Return of Writs.
[ 30th August, 1851. ]

W

HEREAS the Magdalen Islands in the Gulf of Saint Lawrence, which are included in and form part of the County of Gaspé, as well as certain other parts of the said County, are inaccessible at certain periods of the year and with difficulty accessible at any season; and whereas certain parts of the said County, and of the County of Saguenay, are situate at great distances from the public place most central and most convenient for the great body of the Electors in each of the said Counties, at which the Returning Officer is by law bound to proceed to the election of a Member to serve in the Legislative Assembly of this Province, whenever a Writ of Election is issued for that purpose, and it is therefore expedient and proper to provide for such Writs being made returnable so as to obviate the possibility of either of the said Counties being at any time unrepresented for want of a sufficient delay between the issuing of any such Writ and the period at which the same may be made returnable, or for want of time to give the necessary notices in pursuance 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 for and notwithstanding any thing to the contrary contained in the said Act of the ties of Gaspé and Sa- Parliament of the United Kingdom, any Writ which may hereafter issue for the election of a Member to serve in the Legislative Assembly of this Province for the County of Gaspé, or for the County of Saguenay, may be made returnable at any time within ninety days from the day on which the same shall bear date.

Period for the return of Writs for the Coun

guenay, extended.

Time allowed for

certain purposes by 12 Vict. c. 27. ex

said Counties,

II. And be it enacted, That for and notwithstanding any thing to the contrary contained in the Act of the Parliament of this Province passed in the twelfth year of tended, as regards the Her Majesty's Reign, chaptered Twenty-seven, and intituled, An Act to repeal certain Acts therein mentioned, and to amend, consolidate and reduce into one Act the several statutory provisions now in force for the regulation of Elections of Members to represent the people of this Province in the Legislative Assembly thereof, every Proclamation issued by a Returning Officer of the County of Gaspé, or of the County of Saguenay, fixing the place, day and hour at which he will proceed to hold the election under any Writ of Election directed to him, shall be posted up at least twenty days before the day which by such Proclamation he shall have fixed for holding such election, and that there shall be at least fifteen days, and not more than thirty days, between the days respectively fixed by any such Returning Officer in and by any such Proclamation for opening the election as aforesaid, and for opening the Poll at separate places in the said Counties respectively, and that the delay between the closing of the Polls and the day on which the result of the polling shall be announced by the Returning Officer, shall not exceed thirty days,

CAP.

CAP. LXXXVIII.

An Act to amend the Act establishing the Court of Queen's Bench for Lower Canada. [ 30th August, 1851. ]

W

HEREAS it is expedient to remedy the delay and inconvenience arising from Preamble. the appointment of Judges ad hoc in certain cases, and to provide a more speedy mode of registering Judgments on Appeals to Her Majesty in Her Privy Council: 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 fifteenth section of the Act passed in the twelfth year of Her Majesty's Reign, chaptered thirty-seven, and intituled, An Act to establish a Court having jurisdiction in Appeals and Criminal matters in Lower Canada, shall be, and the same is hereby repealed: And be it enacted, That whenever leave of absence for more than two months shall have been granted, or shall be granted by the Governor to any Judge of the Court of Queen's Bench for Lower Canada, the fact shall be notified to the Clerk of Appeals by a letter to be to him addressed by the Provincial Secretary, which letter shall be deemed authentic, and shall by the said Clerk be filed among the Records of the Court and entered in the Register thereof.

The 15th sect. of 12th
Vict., c. 37, repealed.,
Leave of absence to
any Judge of the
more than two
months, to be notified
to Clerk of Appeals
by the Prov. Secre-
Letter by which the

Court of Q. B. for

tary.

same is notified to be

filed and registered.
In case of any inabili-

the said

therein, in any cause, ed,-when and how.

the fact to be record

II. And be it enacted, That whenever any one Judge or more of the said Court shall be lawfully recused or disqualified or rendered incompetent, either by reason of interest or otherwise, to sit in the said Court in any cause cognizable thereby, or shall d Court to sit be suspended from office or absent from the Province, the fact shall be recorded in the Register of the Court by the Clerk of Appeals, whenever he shall be thereunto required in writing by any of the parties, and it shall then be lawful for such number of the Judges of the Superior Court, who would not be disqualified from sitting in such cause if they were Judges of the said Court of Queen's Bench, as may be necessary to complete the said last named Court, to act as Judges thereof and to exercise the same powers and authority with regard to such cause, and to all judicial acts and proceedings required therein, either before or after the determination thereof, as a Judge of the said last named Court not disqualified or rendered incompetent.

III. And be it enacted, That whenever any cause shall have been heard by three Judges only of the said Court of Queen's Bench and taken en délibéré by them, and two of the Judges shall be of opinion that any Judgment appealed from in such cause ought to be reversed or altered, the Court may discharge the délibéré and order that the cause be re-heard; and if at the time when such cause shall come up for re-hearing, the fourth Judge shall be lawfully recused or disqualified or rendered incompetent, either by reason of interest or otherwise, to sit in such Court, or shall be absent, any Judge of the Superior Court may act as a Judge of the Court of Queen's Bench, in so far as regards such cause, and shall have the same powers and authority with respect to the same, and to all judicial acts required therein, either before or after the determination thereof, as a Judge of the said last named Court, not disqualified or rendered incompetent.

IV. And be it enacted, That whenever, owing to the absence, disqualification, or incompetency of any of the Judges of the Court of Queen's Bench before whom any cause has been or shall be heard, or for any other reason, it becomes necessary to discharge the délibéré in such cause, such délibéré may be discharged by the remaining Judges, or by any of them, if only one Judge not disqualified or rendered incompetent be present when the discharge of délibéré is demanded or should be ordered. V. And be it enacted, That the words "Judge of the Superior Court" shall include the Chief Justice; and it shall be the duty of the Judges of the Superior Court to act

as

Judges of the Superior Court empowered

to sit in Q. B., in certain cases.

In any cause taken

en délibéré by three Judges of Q. B, two the same to be re

of them may order

heard.

If the fourth Judge of tent, &c., to sit, in such cause when re-heard, the Superior Court may act in his place,

Q. B. be incompe

any of the Judges of

In case of any incompetency in a Judge absence, &c., the remaining Judges, or charge the délibéré

of Q. B., or his

one of them, may dis when demanded or ordered.

The words " Judges of the Superior Court,"

tice,

Judges of Superior

Court to act as one of

to include Chief Jus- as Judges of the Court of Queen's Bench under this Act whenever need shall be, and whenever it shall happen that any of the Judges of the Superior Court are required so to act, the Clerk of Appeals shall, by order of one of the Judges of the Court of Queen's Bench, notify the Chief Justice (or in his absence from the Province, the senior Judge) of the Superior Court, who shall thereupon communicate with the other Judges of his Court, and arrange with them what Judge or Judges shall so act as a Judge or as Judges of the Court of Queen's Bench, in the cause or causes to which the notice relates.

the Q. B., when necesrequired be notified, by and to

so to act, the same to

whom. Arrangement as to Judge of S. C. who is to act as Judge of Q. B.

Removal of disqualiJudge of Q. B. not to affect the powers of the Judge supplying his place.

fication, &c., in any

In case of death,

absence, &c., of such

Judge acting as Judge

of Q. B., &c., how the provisions of this Act are to apply. Appeals pending at the time of the passas subsequent appeals,

ing of this Act, as well

to come under the
same.

In cases of Appeals to
Her Majesty's Privy
Council from the
Court of Q. B., the
Clerk of Appeals to
register an Official
Exemplification of
Judgment, &c.

VI. And be it enacted, That the return of any Judge of the Court of Queen's Bench who may have been absent, or the removal of any cause of disqualification or incompetence, shall not affect the powers of the Judge of the Superior Court acting in his stead, nor shall they be affected by the appointment of any Judge who would be competent in the cause; and if any Judge of the Superior Court acting under this Act as a Judge of the Court of Queen's Bench should die or become disqualified or incompetent or be absent, the provisions of this Act shall in such case have the same effect to remedy the want of a sufficient number of Judges in the cause as if he had been to all intents and purposes a Judge of such last named Court.

VII. And be it enacted, That this Act shall apply to causes in which Appeals are pending at the time of the passing thereof as well as to causes in which Appeals shall thereafter be instituted.

VIII. And be it enacted, That on any appeal to Her Majesty in Her Privy Council from any Judgment heretofore rendered by the late Court of Appeals for Lower Canada, or from any Judgment heretofore rendered or that shall hereafter be rendered by the present Court of Queen's Bench, on the Appeal side thereof, it shall be the duty of the Clerk of Appeals to register an Official exemplification of the Judgment of Her Majesty in Her Privy Council, immediately on the production of the same by any party interested therein, and without requiring a previous order of the Court or of any Record to be remitted Judge thereof for such registration; and the said Clerk of Appeals shall also, with a copy of such exemplification, and without requiring any such previous order, remit the Record of the cause to the Court below, unless the Judgment of Her Majesty in Her Privy Council require some further proceeding to be had in the said Court of Queen's Bench: Provided always, that nothing contained in this section shall extend to or affect any Judgment rendered by Her Majesty in Her Privy Council before the passing of this Act.

to Court below.

Exception.

Proviso,

Preamble,

Sect, 7, and part of sect, 19 of 10 & 11 Vict. c. 13, repealed.

CAP. LXXXIX.

An Act to amend the Act intituled, An Act to regulate the summoning of Jurors in
Lower Canada.

WH

[ 30th August, 1851. ]

HEREAS it is expedient to make further and more equitable provision for selecting and summoning Jurors, and for regulating the trial by Jury in civil cases in 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 Canada, and it is hereby enacted by the authority of the same, That the seventh section of the Act passed in the session of the Provincial Parliament, held in the tenth and eleventh years of Her Majesty's Reign, chaptered thirteen, and intituled, An Act to regulate the summoning of Jurors in Lower Canada, and so much of the nineteenth section of the same Act as provides that no more than thirty-six Petit Jurors shall be summoned at any General Quarter Sessions of the Peace, shall be and the same are hereby repealed.

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