attendance of any person, or the production of any document, paper or thing before him; and such subpoena shall issue accordingly on the order of such Judge, or such subpoena may issue on the application of any Member of the said Board, to compel such attendance, or the production of any document, paper or thing before such Commissioner.

XXIV. If any person summoned in the manner hereinbefore Penalty on provided to attend before the said Board of Audit or any Com- persons remissioner appointed as aforesaid, shall, without valid excuse, fail fusing to obey any such to attend accordingly, or, being commanded to produce any subpoena. document, paper or thing in his possession, shall fail to produce the same, or shall refuse to be sworn or to answer any lawful and pertinent question put to him by the Board or by such Commissioner, such person shall, for each such offence, forfeit the sum of Twenty Pounds to the Crown, for the public uses of the Province, to be recovered in any manner in which debts due to the Crown can be recovered, and may likewise be dealt with by the Court out of which the subpoena issued, as having refused to obey the process of such Court, and as being guilty of a contempt thereof.

How recover

able.

XXV. Nothing in this Act shall be construed to weaken or Act not to impair any remedy which the Crown now has for recovering or impair any remedy given enforcing the payment or delivering of any money or property to the Crown belonging to the Crown, for the public uses of the Province, and by 8 V. c. 4. in the possession of any Officer or Person whomsoever, by virtue of the Act passed in the eighth year of Her Majesty's Reign, and intituled, An Act to provide for the Management of the Customs and of matters relative to the Collection of the Provincial Revenue, or by virtue of any other Act or Law, or to repeal or impair the effect of any provision of the Act last cited.

CAP. LXXIX.

An Act to abolish Postage on Newspapers published within the Province of Canada, and for other purposes connected with the Post Office Department of this Province.

[Assented to 19th May, 1855.]

WHEREAS papers devoted to the advancement of Educa- Preamble. tion, Temperance, Science, Agriculture and other special objects, are now exempt from postage; And whereas it would further materially aid the diffusion of useful knowledge to remove all postal restrictions on the transmission of Newspapers in general, published within this Province, and of all documents printed by order of either House of Parliament : 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,

Canadian

Newspapers to pass free.

Limitation of salaries repealed.

New limitation.

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 Lover Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, as follows:

I. All Newspapers published within the Province of Canada, shall be transmitted by mail free of Postage.

II. So much of the fourth section of the Post Office Act, as limits the salary and emoluments of any Officer of the Post Office Department (except the Postmaster General) to four hundred pounds per annum, is repealed; and the total salary and emoluments of any Officer of the said Department (except the Postmaster General) shall not exceed the sum of five hunProviso as to dred pounds per annum : Provided always, that so long as W. H. Griffin, William Henry Griflin, Esquire, shall hold his present office of Chief Secretary of the Post Office Department, he shall be paid at the rate of six hundred pounds per annum.

Limitation of number of

Inspectors, repealed.

Certain Departmental mailable mat

ter to pass

free.

Letters to and

of Parliament,

III. So much of the sixteenth section of the Act passed in the Session held in the fourteenth and fifteenth years of Her Majesty's Reign, intituled, An Act to amend the Post Office Act, as limits the number of Inspectors of Post Offices, is repealed.

IV. All Letters and other mailable matter addressed to or sent by the Governor of this Province, or sent to or by any Public Department at the seat of Government, shall be free of Provincial Postage under such regulations as may be directed by the Governor in Council.

V. All Letters and other mailable matter addressed to or from members sent by the Speaker or Chief Clerk of the Legislative Council or of the Legislative Assembly, or by or to any Member of either of said branches of the Legislature during any Session of the Legislature, shall be free of Provincial Postage.

to pass free.

Public documents, &c., may be sent free to mem bers in recess.

And Members may send

them free.

Repeal of inconsistent provisions.

Commence

VI. All public documents and printed papers may be sent by the Speaker or Chief Clerk of the Legislative Council or of the Legislative Assembly, to any Member of either of the said branches of the Legislature of Canada, during the recess of Parliament, free of Postage.

VII. Members of either branch of the Legislature of Canada may send during the recess of Parliament by mail, free of Postage, all papers printed by order of either branch of the Legislature of Canada.

VIII. So much of either of the Acts above cited as may be inconsistent with the foregoing provisions is repealed.

IX. This Act shall come into effect on and after the first day ment of Act. of July, eighteen hundred and fifty-five.

САР.

CAP. LXXX.

An Act to facilitate the negociation of Municipal
Debentures.

[Assented to 19th May, 1855.]

HEREAS it is expedient to facilitate the negociation of Preamble. Municipal Debentures: 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, as follows:

bearer to be

1. Any Debenture heretofore issued, or which may hereafter Debentures be issued, under the formalities required by law, by any Muni- payable to cipal or Provisional Municipal Corporation, payable to any transferable person or persons named therein or bearer, or payable to bearer, by delivery. shall be held to have been and to be transferable by delivery, from the time of the issue thereof, and such transfer shall be held to have vested and to vest absolutely the property thereof in the holder thereof for the time being, and to enable such holder to bring and maintain an action thereupon in his own

name.

Debentures

person or to

II. Any Debenture heretofore issued or which may hereafter be issued, under the formalities as aforesaid, by any Municipal payable to any or Provisional Municipal Corporation, payable to any person order to be or persons, or to any person or persons or order, shall be held to transferable have been and to be (after general endorsation thereof, by such by general person or persons) transferable by delivery from the time of the endorsement general endorsation thereof, and such transfer shall be held to have vested and to vest absolutely the property thereof in the holder thereof for the time being, and to enable such holder to bring and maintain an action thereupon in his own name.

and delivery.

to allege and

III. In any suit or action upon any such Debenture as afore- What it shall said, it shall not be necessary to set forth in the declaration or be sufficient other pleading, or to prove, the mode by which any person prove in a suit became the holder of such Debenture, or to set forth or to prove upon a Debenthe notices, by-laws, or other proceedings on or by virtue of ture. which any Debenture may have been issued, but it shall be sufficient in such pleading to describe such person as the holder of the said Debenture (alleging the general indorsation if any) and shortly to state its legal effect and purport, and to make proof accordingly.

IV. Any such Debenture issued under the formalities re- Debenture not quired by law as aforesaid, shall be valid and recoverable to impeachable

the

for illegality, the full amount thereof, notwithstanding it may have been or &c., in hands may be negociated by such Corporation at a rate less than par, of bond fide or at a rate of interest greater than six per centum per annum, holder, and shall not be liable to be impeached in the hands of a boná fide holder for value, without notice.

Preamble.

18 V. c. 1.

Bonds and duties men

tioned in the

CAP. LXXXI.

An Act to ratify certain things done under the Act to confirm the Reciprocity Treaty, and for other purposes.

W

[Assented to 19th May, 1855.] HEREAS by two Orders in Council bearing date respectively the eighteenth day of October and the sixth day of November, one thousand eight hundred and fifty-four, made for the purpose of carrying into effect, according to their true intent, the Act passed in the eighteenth year of Her Majesty's Reign, intituled, An Act for giving effect on the part of this Province to a certain Treaty between Her Majesty and the United States of America, and the Treaty in the said Act referred to,---it was ordered, that goods which under the said Act would come into this Province free of duty when the said Treaty was in full operation, might be at once admitted in certain cases, on special Bonds and without payment of the duties in cash, with an intimation that if the said Treaty came into operation within six months thereafter, the said Bonds should be cancelled and any duties paid should be remitted; And whereas the said Treaty did so come into operation within six months as aforesaid: 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, as follows:

1. The Bonds given in the case mentioned in the Preamble shall be cancelled, and the duties paid shall be remitted and

Preamble may returned; and if any such Bonds have been already so can

be cancelled celled or any such duties so remitted and returned, the same and remitted, shall be held to have been legally cancelled, remitted or returned, and all parties engaged in cancelling, remitting or returning the same, are hereby indemnified.

18 V. c. 5. Duty declared payable on the over

II. And for the removal of doubts under the Schedule to the Act passed in the eighteenth year of Her Majesty's Reign, intituled, An Act to amend the Act imposing Duties of CustomsBe it declared and enacted, that the duty made payable by the said Act and Schedule on each gallon of Rum, Whiskey,

Brandy

Brandy, or of Geneva or Gin or other spirits or strong waters not proof of spibeing Whiskey, Rum or Brandy, is and shall be payable (as rits." the duties repealed by the said Act were) for every gallon thereof of any strength not exceeding the strength of proof by Sykes' hydrometer, and so in proportion for any greater strength than the strength of proof.

CAP. LXXXII.

An Act to legalize certain grants from the Municipalities of this Province towards the Patriotic Fund.

[Assented to 19th May, 1855.]

WHEREAS doubts exist as to the right of Municipal Coun- Preamble. cils in this Province to make grants of moneys for other than strictly local purposes; And whereas, actuated by a spirit of commendable patriotism, several of the said Municipal Councils have contributed to the aid of the Fund commonly called "The Patriotic Fund," while others, apprehensive that such appropriation of their funds was illegal, have reluctantly refrained from gratifying so praiseworthy a disposition; And whereas it is expedient and right to remove all doubts respecting the power of the said Councils to make such grants for the purpose aforesaid: 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 reunite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, as follows:

declared valid.

I. All grants of money heretofore made by any of the Muni- Grants for the cipal Councils of this Province in aid of the said Fund, shall Patriotic Fund be held to have been and the same are hereby declared to have been lawfully made.

II. It shall and may be lawful for any of the Municipal Coun- Future grants cils of this Province, in their discretion, and within the six to be valid if months next after the passing of this Act, to make such appropri- approved by a majority of ation by By-laws from their funds respectively, for the aid of the the Municipal said Patriotic Fund, as they shall within their said respective Electors. Municipalities see fit: Provided always, that no such grant or appropriation shall be carried into effect until approved of by a majority of the rate-payers, to be affected thereby, at a special meeting of such rate-payers lawfully convened, in the manner provided for similar purposes by the Act passed in the sixteenth year of Her Majesty's Reign, intituled, An Act to esta- 16 V. c. 22. blish a Consolidated Municipal Loan Fund for Upper Canada.