Action pend

ing at the

20. The pendency at the time of the said fire of any suit time of the fire or proceeding, the record of which has been thereby lost or destroyed, shall be no answer to a fresh action or proceeding for the same cause instituted under the provisions of this act.

is no bar to

fresh action.

New proceeding deemed to interrupt pre

21. Every resh suit or proceeding under this act shall be deemed a continuance of the former cause or proceedseription, &e. ing so as to suspend or interrupt all prescriptions and limitations; and also with reference to the rule that every action, suit, cause or proeeding is to be decided according to the relative right of the parties thereto existing at the time when such action, suit, cause or proceeding was instituted or otherwise commenced, and also within the meaning of article eighty-four of the code of civil procedure, in exparte actions, wherein services of the original writ of summons has been made upon the defendant in person.

Copy of record already

privy council shall avail,

22. In all cases in which there has been an appeal to Her Majesty in her privy council, a duly certified copy of the record or part thereof, printed according to the practice in such appeals, may be filed in the office of the clerk of the court of Queen's bench, appeal side, upon application to a judge of that court by any party or person interested therein; and the copy so filed shall have the same effect as the original record would have had, if the same had not been. lost or destroyed.

23. In all cases in which at any time before the said delivered for first day of February, one thousand eight hundred and appeal to the seventy-three, the clerk of the court of Queen's bench, appeal side, shall have delivered to the party appealing therefrom to Her Majesty in her privy council, a copy of the record and proceedings, up to and including the judg ment allowing the appeal to Her Majesty, notwithstanding that the original record and all proceedings subsequent to the allowance of the said appeal have been destroyed by the said fire, the said copy or a printed copy thereof shall be certified, and shall, to all intents and purposes, avail and be held and considered as the transcript of record and proceedings required by law to be transmitted on appeal to the privy council, provided it be accompanied by a certificate from a judge or the clerk, that the security had been duly given before the fire.

Proviso:

Bill of costs, how made of record lost.

21. Whenever, on account of the destruction of the record, a bill of costs conformable thereto cannot be procured, the clerk of the court of appeals, prothonotary of the superior court, or clerk of the circuit court, shall admit secondary evidence of the proceedings in the cause, and tax the costs according to the same.

shall make a

25. It shall be the duty of any sheriff, when thereunto The sheriff required by any order of a judge, make a new return to new return to any writ of execution addressed to him, the original any writ of exreturn to which has been destroyed by the said fire, upon which new return the same proceedings may be taken as might have been taken upon the original return.

ecution.

register of bap

deaths for 1872,

26. Every clergyman having the legal custody of a A copy of any register of baptisms, marriages and burials, for the years, marri one thousand eight hundred and seventy-two, shall, ages and when thereunto required by the prothonotary, depo- shall be deposit in his office a certified copy of such register, and any sited on extract therefrom by the prothonotary shall make proof as value of exif taken from a duplicate register, unless impugned by tracts from affidavit shewing that the original is different.

demaud.

such copy.

27. The offices of the several officers of justice which Acts of officers have been held in various buildings since the date of the in different of justice done said fire, are hereby declared to have been legally held and places declarkept in such Luildings, and all acts and duties performed therein are as valid as if done and performed in the court house for the said district.

ed valid.

cases.

28. In all cases unforseen by and not provided for in Unforseen this act, the judge upon summary petition by any party interested and upon satisfactory proof, may make such order and grant such relief, as he may deem advisable and the nature of the case requires.

"other districts,

29. The lieutenant-governor in council may, at any time, Application of by proclamation published in the Quebec Official Gazette, this act to extend this act to any judicial district or circuit in this or circuits, by province, in which the court house may be destroyed by proclamation. fire; and thereupon, on and after the day fixed in such proclamation, all the provisions thereof shall apply mutatis mutandis, to every such judicial district or circuit.

circuit court or

30. The foregoing provisions, in so far as applicable, shall Application of extend to and govern all cases pending before the circuit this act to the court or the magistrates court in and for the county of Mis- the magissisquoi, on the twenty-fourth day of May, eighteen hundred trates court in and seventy-three, or in which judgment had at and before Missisquoi. that time been rendered in either of said courts, and in which the records have been destroyed by fire in whole or in part.

the county of

intepretation

31. Section ten of the Quebec Interpretation Act shall Sec. 10 of the not apply to this act, in so far as respects the inconsistency act shall not of the provisions of the civil code or of the code of civil pro- apply to this cedure, with those of this act.

act.

32. This act shall come into force upon the day-of the Coming into sanction thereof,

force of this

act.

Shares already paid up.

Ten per eent must be paid

H

CAP. XVI.

An Act to amend the Quebec Railway Act, 1869.

[Assented to 23th January, 1874.]

ER MAJESTY, by and with the advice and consent of the Legislature of Quebec, enacts as follows:

1. Notwithstanding anything to the contrary contained in "The Quebec Railway Act, 1869," there shall be paid, on every share hereafter subscribed in any iron or wooden railway company, incorporated by act of the legislature of this province, an amount of at least ten per cent, and that within six months after the subscription for each such share.

2. Within six months after the coming into force of this act, an amount of at least ten per cent shall be paid up, on every share already subscribed since the first of July, eighteen hundred and sixty-seven, in any iron or wooden railway company, incorporated by act of the legislature of this province, upon which, at the time of the coming into force of this act, a like amount of ten per cent shall not have been yet paid up.

3. No owner or holder of shares in any iron or wooden before voting railway company, already incorporated since the first of July, eighteen hundred and sixty-seven, or which shall hereafter be incorporated, by act of the legislature of this province, shall in any case vote, by reason of any of his shares, unless he has paid upon such share, an amount of at least ten per cent.

Municipal subscriptions exempted.

4. This Act shall not apply to subscriptions of stock in railway companies, by municipalities.

CAP. XVII.

Part of St.

Maurice Terri

An Act to annex a certain portion of the territory of the St. Maurice to the District of Three Rivers, for judicial purposes only.

H

[Assented to 28th January, 1874.]

ER MAJESTY, by and with the advice and consent of the Legislature of Quebec, enacts as follows:

1. All that part of the townships of Lejeune and Meki

tory added to nac, which is not comprised in the district of Three Rivers,

for

and all that tract of territory situate in the county of Port- Three Rivers neuf, to the north of an imaginary line, being the prolon-judicial purgation in a straight line of the south-east line of the said poses. township of Mekinac to the point where this prolonged line would intersect the river Batiscan, and thence along the said river Batiscan to the point where the north-east line of the county of Portneuf, if prolonged, would intersect the said river, are hereby annexed to the district of Three Rivers, for judicial purposes only.

CAP. XVIII.

An Act to confirm the Survey of the Division Line between the Townships of Grantham and Upton.

[Assented to 28th January, 1874.]

W

THEREAS the townships of Grantham and Upton have Preamble. been established by letters-patent, the first on the fourteenth and the latter on the twenty-first day of May, of the year eighteen hundred, according to the limits fixed after survey which was effectively made by deputy-surveyor James Rankin, in the years one thousand seven hundred and ninety-six and one thousand seven hundred and ninety-seven, under the authority of commissions issued by the government for the time being;

And whereas in the year one thousand eight hundred and fifteen, certain lands situated in that part of the said township of Grantham contiguous to the township of Upton, were conceded by the government according to the said survey of deputy-surveyor James Rankin;

And whereas the lands situated on both sides of the line dividing the said townships of Grantham and Upton, drawn and established according to the original survey aforesaid, having remained in a wild state, the said line had become lost, or there was reason to suppose that no trace of it remained, and that thereupon, Emmanuel Couillard Desprès, provincial surveyor, in the year eighteen hundred and twenty-four, received instructions, through an order of his excellency the governor of Lower Canada for the time being, to verify the said original survey ;

And whereas by reason of a grave error committed by the said Emmanuel Couillard Desprès in mistaking his point of departure, his operations, in so far as respects the said division line, as reported by him to the surveyor general in the year 1827, were never approved or homologated by the government;

And whereas all the lands on that part of the township of Upton along the said division line, have been conceded to

the predecessors of the actual possessors, according to the plan of the said Emmanuel Couillard Desprès, rectified and corrected by himself in his own plan, but not on the land itself, to render it conformable to the plan drawn by the said James Rankin of his survey of the said township of Upton;

And whereas the doubtful state of the said division line having given rise to various law-suits, questions of jurisdiction and other difficulties, the governor in council, in the year eighteen hundred and fifty-four, ordered the verification of the said line;

And whereas on the thirtieth day of October, in the year eighteen hundred and fifty-five, W. W. O'Dwyer, provincial land surveyor, entrusted with the said verification, reported that he had found a line which he asserted was that drawn by the said James Rankin;

And whereas the said pretended line, crooked throughout its whole length, has been ascertained to be incorrect, being in fact nothing else than a line drawn through the woods, to guide the first settlers from Acton to the river St. Francis;

And whereas the said report was therefore disapproved by the government for the time being;

And whereas on the report of the honorable George Etienne Cartier, then attorney-general for Lower Canada, the governor in council, on or about the third day of December, eighteen hundred and fifty-six, ordered that the said line should be drawn on the land, in such manner as to give, as far as circumstances and the nature of the case admitted, two hundred acres for each lot in the township of Grantham, with the usual reserve for public roads;

And whereas in accordance with the instructions of the department of crown lands, given in conformity to the said order in council lastly referred to, the said W. W. O'Dwyer made his report, (procès verbal), respecting the survey and bornage of the said division line, bearing date the twentieth day of October, eighteen hundred and fiftyseven, in complete conformity with the said order in council lastly mentioned, and with the original plan of the original survey of the above-named James Rankin, and now filed in the archives of the department of the commissioner of crown lands of the province of Quebec;

And whereas the proprietors of the lands in that part of the township of Upton, which is contiguous to the said township of Grantham, have prayed, by petition, that the said survey lastly mentioned of the said W. W. O'Dwyer, be confirmed by legislative authority;

And whereas the public interest demands that all grave doubts be removed in relation to the said line, which divides not only two townships but two counties,-Bagot