II. And be it enacted, That there shall be paid yearly out of the Consolidated Revenue Fund of this Province, a sum not exceeding One Thousand Pounds currency, to be distributed amongst certain Indian Tribes in Lower Canada by the Superintendent General of Indian affairs, in such proportions amongst the said Indian Tribes, and in such manner as the Governor General in Council may from time to time direct. W" CAP. CVII. An Act for the regulation of Hunting and the preservation of Game. [ 30th August, 1851. ] £1000 to be distri Tribes in L. C. buted among Indian Preamble. HEREAS the mode of hunting followed in certain cases, tends to the destruction of Game and to diminish the number of the Birds of Passage which frequent the shores and shoals of the County of Kamouraska in great numbers: 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 autliority 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 spring shooting season Spring shooting shall only commence on the Eighth of April, in each year, and it shall not be lawful season. to shoot any Game (Gibier) frequenting the beach and shoals in the County of Kamouraska, before the Eighth of April, nor after the Thirtieth of May in any year, for the spring shooting. II. It shall not be lawful to shoot any of the said Game before the Fifteenth of Fall shooting season. September in any year, which day shall be considered as the beginning of the fall shooting season, which shall last so long as the Game shall remain on the shore. III. It shall not be lawful at any time, nor in any manner, to hunt Game during the night, nor to shoot Game when it has alighted on or when it is flying over the shoals after sunset and before sunrise, except ducks which may be shot for the space of one hour after sunset. IV. It shall not be lawful to go in quest of Game on the beach and shoals at low water, nor to hunt Game by approaching it when it is feeding at low water. Certain modes of shooting forbidden. The game. Proviso: and excep V. Provided always, That this prohibition to hunt Game at low water, shall not be construed to prevent the shooting of Game on its passage, by persons on the watch on tions. the points of land, and in the description of shelter called "Gabions, " erected on the beach and shoals, provided this Method of hunting be used without following the Game, during the day time, and within the periods above fixed for the spring and fall shooting seasons. VI. The destruction or carrying away of the eggs of any species of wild fowl, is by The destruction of this Act prohibited in any part of Lower Canada, under the penalties hereinafter eggs, &c. provided. VII. Every contravention of the above provisions, shall be punished by a fine of Penalty for contraOne Pound for the first offence, and Two Pounds for every subsequent offence; and vention. the said fines may be sued for and recovered before any Magistrate within the limits of his jurisdiction, and in the manner and form prescribed in such cases. VIII. This Act shall only apply to the County of Kamouraska, except the sixth section Extent of Act. which applies to the whole of Lower Canada, and shall remain in force until it shall be repealed or amended by the authority aforesaid. 254 * CAP. Preamble. 12 V. c. 22. At what place the Proviso. Proviso. Part of section 3 of the amended Act re visions substituted. CAP. CVIII. An Act to fix the place for holding the Polls for the Election of Members of WH HEREAS it is expedient to determine the places at which Polls shall be held, under the Act passed in the twelfth year of Her Majesty's Reign, 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, in Townships in Upper Canada, divided into Wards, inasmuch as the said Act provides that such Polls shall in Townships be held at the place where the last Township Meeting was held, and there will be several such places in a Township divided into Wards; And whereas alterations have been made during the present Session in the Territorial divisions of Upper Canada, and it is necessary to make provision for cases arising out of such alterations: 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 in every case where a Poll is to be held under the Act first above cited in a Township divided into Wards, such Poll shall be held at the Town Hall in which the Meetings of the Municipal Council of the Township are held, if there be any such Town Hall, and if there be none, then at the place where the Municipal Council of the Township shall have held its first meeting in the year in which such Poll is to be held, or if the said Council shall not have met during such year, then at the place where it shall have held its last meeting during the next preceding year: Provided always, that if in any case it shall happen that there is no place at which, under the provisions of the said Act and of this Act, the Poll ought to be held, and every union of Townships divided into Wards shall be deemed a Township divided into Wards within the meaning of this Act, then the Deputy Returning Officer shall himself appoint the place, selecting such as he shall deem most central and convenient for the majority of the Electors: Provided also, that if in any case there shall be no officer or person who, under the provisions of the eighteenth section of the said Act, ought to be appointed Deputy Returning Officer, then it shall be lawful for the Returning Officer to appoint such person as he may think fit to be Deputy Returning Officer, who shall have all the powers and perform all the duties, and be subject to all the liabilities incident to the said office by virtue of the said Act. II. And be it enacted, That all the words in the third section of this Act first above pealed, and other pro- cited, after the words "in Upper Canada only" in the beginning of the said section, shall be repealed, and the following words substituted therefor: "That the High Sheriffs for the time being of the several Counties and Unions of Counties for judicial purposes in that part of the Province, shall be ex officio Returning Officers for the Counties and Unions of Counties for purposes of Representation in the Provincial Parliament, over which or over any County in which, their authority as such Sheriff's shall extend, and in which they shall respectively reside, and also for the respective cities and towns sending Members to Parliament and lying within the local limits of such Counties or Unions of Counties; and that for the several other Counties or Unions of Counties for the purpose of Representation, for which no Sheriff shall, under the foregoing provision, be ex officio the Returning Officer, the Registrars of Deeds for the time being for such Counties or Unions of Counties, or for any of the Counties included in such Unions of Counties, shall be ex officio Returning Officers: Provided Provided always, Firstly, That so long as the County of Peel shall remain united for Proviso. III. And be it enacted, That if in any case it shall happen, either in Upper or in Lower Canada, that there shall be no person, who, under the provisions of the said Act and of this Act, shall be ex officio Returning Officer for any place for which an Election is to be held, or the person who is such Returning Officer shall be absent from the Province, or incapacitated from sickness or otherwise from performing the duties of Returning Officer, then it shall be lawful for the Governor to appoint any person qualified under the said fifth section of the said Act to be Returning Officer for such place. САР. СІХ. An Act to amend the Upper Canada Municipal Corporations Act of one thousand WHE [30th August, 1851. ] If there be no ex officio vernor to appoint one HEREAS from the recent change in the Laws for the Assessment of Property Preamble. for local purposes in Upper Canada, it has become necessary to make some corresponding alterations in those for the establishment and regulation of the Municipal Corporations of that section of the Province, the better to adapt the same to such change, as well as to make some further provisions with respect to such Municipal Corporations: 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 nothing in that part of the eleventh section of the Act passed in the last Session of Parliament, chaptered sixty-seven, and intituled, An Act to establish a more equal and just system of Assessment in the several Townships, Villages, Towns and Cities in Upper Canada, which requires that the sums which shall be required by Law or by any By-law of any Township or County, for any lawful purpose, shall and may be taxed, rated and raised, upon estimate of the amount required for any such lawful purpose, for each year in which such tax is to be levied, shall affect, or be construed to affect or apply to By-laws for creating or contracting such debts or loans as are referred to in and by the one hundred and seventy-seventh section of the Upper Canada Certain part of the Vict. c. 67, not to 11th seci, of 13 & 14 affect certain By-laws for creating or conreferred to in the C. Municipal Corporations Act of 1849, or any By-laws relating thereto. tracting debts or loans 177th sect. of the U. Recital. Corporation empowercertain time, a By-law by which a new spe ed to make, within a cial rate for the payment of debt or loan may be substituted in lieu of the old special rate. Canada Municipal Corporations Act of one thousand eight hundred and forty-nine, when passed in the manner prescribed by that section as modified by the provisions of this Act, or to any By-laws relating to the same. II. And whereas, in consequence of the said change in the said Assessment Laws, the rates imposed for the payment and satisfaction of debts and loans, heretofore incurred or contracted by Municipal Corporations, and Provisional Municipal Corporations in Upper Canada, under the provisions of the said one hundred and seventy-seventh section of the said Act, will, unless altered, produce a much larger annual amount of money than will be necessary for the payment and satisfaction of such debts and loans, with the interest thereof, within the time originally stipulated for that purpose, according to the provisions of the said one hundred and seventy-seventh section; and nevertheless, such Corporations are by the said Act precluded from either lessening such rate or applying any part of the proceeds thereof, till after such payment and satisfaction, to any other purpose whatsoever; And inasmuch as the increased amount collected upon such rates will arise, not from the gradual growth of wealth and population within the jurisdiction of such Corporations respectively, but in consequence of an Act of the Legislature, extending the basis upon whch such rates are made to operate, public faith, with the respective creditors of such Corporations, will not be violated by permitting such Corporations to substitute for such original special rates, new special rates, adequate to insure, under the provisions of the said new Assessment Law, the payment and satisfaction of such debts and loans, at the times originally stipulated for the payment and satisfaction thereof, within the twenty years limited by the said one hundred and seventy-seventh section of the said Act for that purpose; Be it therefore enacted, That with respect to any debt or loan, which shall have been lawfully incurred or contracted by any such Corporation according to the said one hundred and seventy-seventh section of the said Act, previous to the first day of January, which will be in the year of our Lord one thousand eight hundred and fifty-two, it shall and may be lawful for any such Corporation at any time within two years from that day, to pass a By-law, substituting a new special rate for the payment and satisfaction of any such debt or loan, in lieu of the old special rate originally imposed for that purpose, such new special rate, according to the amount of rateable property in the County, or United Counties, City, Town, Township or Village over which such Corporation shall have jurisdiction, as such amount shall have been ascertained by the Assessment Returns for such County, City, Town, Township or Village, for the financial year next preceding that in which the By-law for the substitution of such new special rate in lieu of the old one, shall be passed, being sufficient to satisfy and discharge such debt or loan, with the interest thereof, within the twenty years limited by the said section for that purpose, and on the days and times, and in the manner stipulated by such original By-law, and by the Bills, Bonds, Debentures, or other Obligations issued under the authority thereof for the payment of the same; and it shall not be competent to be discontinued un- for any such Corporation to repeal such By-law for such new special rate, or to discontinue such new special rate until such debt or loan, and the interet thereof, shall be fully paid, satisfied and discharged, nor to apply the proceeds thereof or any part thereof, to any other purpose, until the full payment, satisfaction and discharge of the same, with the interest thereof: Provided always, nevertheless, Firstly,-That in every such case, the twenty years limited by the said one hundred and seventy-seventh section of the said Act shall, as far as it may affect the amount of such new special rate, be reckoned from the time that the original By-law for the incurring or contracting of such debt or loan shall, by the terms of such original By-law, or otherwise according to Law, have taken effect and gone into operation, and that in all other respects the several provisions of the said Upper Canada Municipal Corporations Act of one thousand eight hundred and forty-nine, and of this Act, respecting original By-laws for creating or contracting debts or loans by such Corporations, shall apply to all such By-laws for substituting new special rates in lieu of the old ones, as if such last mentioned By-laws had been for creating or contracting such debts or loans originally; Provided also, Secondly, New special rate not til debt, &c., be fully paid. Proviso. Proviso, Secondly, That no such By-law for substituting any such new special rate for the old one, shall be of any force or effect whatsoever, until the same shall have been approved by the Governor of this Province in Council, as provided with respect to certain other By-laws by the twelfth section of this Act; And provided also, Thirdly,―That before any such By-law shall be so approved by the Governor in Council, the facts upon which such By-law shall be founded, shall be verified to the satisfaction of the Governor in Council, in a similar manner to that provided for by the thirteenth section of this Act, with respect to the By-laws to which that section applies, and all the provisions of the said last mentioned section shall apply to all By-laws to be passed under the authority of this section. Proviso. The time limited by the 182d sect. of the porations Act of 1849, U. C. Municipal Corfor passing by-laws extended. for liquidation of debt, III. And be it enacted, That the time limited by the one hundred and eighty-second section of the said Upper Canada Municipal Corporations Act of one thousand eight hundred and forty-nine, for the different Municipal Corporations therein mentioned, to pass By-laws providing for the liquidation of any such debt as in the said one hundred and eighty-second section of the said Act is mentioned, shall be and the same is hereby extended to the first day of January, which will be in the year of our Lord one thousand eight hundred and fifty-three, and to such further day thereafter as the Governor of this Province, by Proclamation under the Great Seal thereof, issued either before or after that day, or any further day to which such time may be so extended, may from time to time think fit to appoint: Provided always, nevertheless, Proviso. that nothing herein contained shall be construed to extending the time for payment, or providing for the payment, of any such debts to a period beyond the time therein limited for that purpose, that is to say, within twenty years from the first day of January, one thousand eight hundred and fifty-one. passed for creating a credit of the county, &c., &c. IV. And be it enacted, That in every By-law to be hereafter passed by any What shall be set Municipal Corporation, or Provisional Municipal Corporation in Upper Canada, for forth in By-laws to be creating a debt or contracting a loan upon the credit of the County or United Counties, City, Town, Township, or Village, of which they are such Corporation, there shall be recited or set forth, by way of preamble to the same :-First, the amount of such debt or loan, and in some brief and general terms the object for which the same was created or contracted; Secondly, the amount required to be raised annually, according to the one hundred and seventy-seventh section of "The Upper Canada Municipal Corporations Act of one thousand eight hundred and forty-nine," as a special rate for the payment of such debt or loan, and the interest thereof, within the time thereby limited for the satisfaction and discharge of all such debts and loans, at the days and times when the same shall become payable, according to such By-law; Thirdly, the amount of the whole rateable property of such County, Union of Counties, Cities, Town, Township, or Village, according to the Assessment Returns for the same, for the then next preceding financial year; and, Fourthly, the annual rate in the Pound upon such rateable property required as a special rate for the payment of the said interest, and for the creation of a Sinking Fund for the payment of the principal of such debt or loan, according to the requirements of the said one hundred and seventyseventh section of the said Act; which amounts shall be ascertained, irrespective of any future increase of the rateable property of such County, Union of Counties, City, Town, Township, or Village, and also irrespective of any income, whether in the nature of tolls, interest or dividends, to accrue or be derived from any public or Corporation work, or any stock, shares, or interest in any such work, in or upon which such debt or loan shall or may, by such Municipal Corporation, be invested or applied, or any part thereof, and also irrespective of any income to be derived from the temporary investment of such Sinking Fund, or any part thereof, pursuant to the provisions of the said one hundred and seventy-seventh section of the said Act. V. And be it enacted, That it shall and may be lawful for any such Municipal Corporation, or Provisional Municipal Corporation, in any such By-law, or in any other By-law to be passed for that purpose, if they shall think fit so to do, to direct that any annual surplus of income which shall be derived from any such Public or Corporation Corporation, in Byany annual surplus of law, may direct how income to be derived &c., shall be applied from certain works, |