SCHEDULE-Continued. SERVICE. Further Miscellaneous Items—Continued. Excess of Expense of past year for distributing the Sta As a reward for the heroic conduct of Mrs. Margaret Becker, through whose humane exertions the lives of the crew of the Schooner" Conductor," driven ashore at Long Point in Lake Erie, was saved... Pension to G. B. Faribault, Esquire, as late Assistant Clerk of the Legislative Assembly, from 9th May, to 31st December, 1855, at the rate of £400 per annum.... St. Lawrence Canals. Junction Canal... St. Ann's Lock. Public Works. 50 0 ol 10917 2 8 258 4 10 14700 0 0f Chambly Canal Dredging Channel at the Narrows Bridge. Burlington Bay Canal..... Port Hope Ha:bour, to secure a Harbour of Refuge for ship 1500 0 0i 500 0.0 600 0 0 2500 0 0 10000 0 0 4500 0 01 300 0 0 7000 0 0 Light Houses below Quebec, Catadioptrical Lens, &c. 5000 0 01 do Custom House Hamilton, purchase of Land and Construction. 7000 0 0 Purchase of Property at the Gatineau, for lumbering opera Towards Dredging a Channel through the Flats of Lake St. Total Currency. Total out of Consolidated Revenue Fund, Currency.. Preamble. Message recited. CAP. XCI. £ s. d. £ s. d 3000 0 0 300 0 0 5000 0 0 174410 0 0 532168 19 8 An Act relating to the Ordnance Lands and Naval and Military Reserves in this Province, and for other purposes. [Assented to. 30th May, 1855.] HEREAS it appears by the Message of His Excellency the Governor General to both Houses of the Provincial Parliament, and the Despatch from Her Majesty's Secretary of State for the Colonies, accompanying the same, that Her Majesty's Imperial Government is willing to surrender to the Province all the Ordnance Lands therein, whether acquired by purchase or otherwise, and all the Naval and Military Reserves therein, with the exception of such portions thereof at Kingston, Montreal and Quebec, as are essential to the Military defence of the Colony by Her Majesty's Troops, on an understanding that the Provincial Government shall make ample provision for the maintenance of peace and order within the limits of the Province; And whereas it will be for the honor and advantage of the Province that the said offer be accepted, and Her Majesty's faithful Canadian subjects, well knowing that the strength of the Empire would, in case of need, be put forth in order to defend any part of it from aggression, are willing to take upon themselves the maintenance of peace and order within the Country: 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: with the Im I. Whenever Her Majesty's Imperial Government shall be The Governor ready to transfer to the Provincial Government the aforesaid in Council Lands and Property now vested in the Principal Officers of may agree Her Majesty's Ordnance, or in the Commissioners for executing perial Governthe Office of Lord High Admiral of the United Kingdom of ment for the Great Britain and Ireland, the Governor of this Province may transfer ads. on behalf thereof by Order in Council accept such transfer on such terms and conditions as may be agreed upon. of divided into three classes. II. The Lands and Reserves aforesaid shall for the purposes Lands to be of this Act be divided into three classes, that is to say: one class to be denominated A, which shall include the portions of the lands at Kingston, Montreal and Quebec, to be retained for occupation by Her Majesty's Troops; another class to be denominated B, which shall be retained for the defence of the Province; and a third class to be denominated C, which may be sold, leased or otherwise used as to the Governor in Council may from time to time seem meet. to be retained III. Such portions of the lands included in class B, as it shall As to lands be deemed necessary by the Governor in Council and the Officer which ought commanding Her Majesty's Regular Forces in the Province to for the defence occupy for the defence of the Province in time of peace, shall of the Probe so occupied by such force as shall be from time to time vince. selected for that service by the Governor in Council, and shall be kept in proper order and repair at the expense of the Province; and any portion of the lands so retained for the defence of the Province which it shall not be deemed necessary to occupy as aforesaid may be leased or otherwise used in such manner as the Governor in Council may think most for the advantage of the Province. IV. Provided always, and be it enacted, that the several Governor in Lands and Reserves aforesaid shall be divided into the said three Council and Principal Officlasses A B and C, in such manner as may be agreed upon cers to agree between the Principal Officers of Her Majesty's Ordnance and on the divithe Governor General in Council. sion. ing from such V. The moneys arising from the lease or use of any of the Application of lands or property included in class B as aforesaid, or from the moneys arissale, lease or use of any of the lands or property included in lands. class C as aforesaid respectively, or otherwise derived therefrom, shall be paid over to the Receiver General, and shall form part of the Consolidated Revenue Fund of this Province: but Separate acseparate accounts shall be kept thereof, and in any account or counts to be statement of the expenses incurred for purposes relative to the kept of them, Provincial Militia or Police, the said moneys shall be taken into account and credited in deduction of the said expenses. &c. CAP. CAP. XCII. Preamble. Court may ment to be amended to the merits. An Act to amend the Criminal Law of this Province. [Assented to 30th May, 1855.} WH HEREAS offenders frequently escape conviction on their trials by reason of the technical strictness of criminal proceedings in matters not material to the merits of the case, and it is desirable that such technical strictness shall be relaxed; And whereas other beneficial alterations may be made in the Criminal Law: 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: I. From and after the passing of this Act, whenever on the order indict trial of any indictment for any felony or misdemeanor there shall appear to be any variance between the statement in such meetvariances indictment and the evidence offered in proof thereof, in names, appearing at dates, places, or other matters or circumstances therein menthe trial but immaterial to tioned, not material to the merits of the case, and by the misstatement whereof, the person on trial cannot be prejudiced in his defence on such merits, it shall and may be lawful for the Court before which the trial shall be had, to order such indictment to be amended according to the proof, by some officer of the Court or other person, both in that part of the indictment where such variance occurs, and in every other part of the indictment which it may become necessary to amend, on such terms as to postponing the trial to be had before the same or another jury as such Court shall think reasonable; and after any such amendment the trial shall proceed, whenever the same shall be proceeded with, in the same manner in all respects and with the same consequences, both with respect to the liability of witnesses to be indicted for perjury, and otherwise, as if no such variance had occurred, and in case such trial shall be had at Nisi Prius, the order for the amendment shall be endorsed on the indictment and returned therewith, and all other rolls and proceedings connected there with shall be amended accordingly by the proper officer, and in all other cases the amendment shall be endorsed on or filed with the indictment, and returned among the proper records of the Proviso: as to Court; Provided always, that when such trial shall be had Proceedings after amendment. challenges in case of a se cond Jury. before a second jury, the Crown and the Defendant shall be respectively entitled to the same challenges as they were respoctively entitled to before the first jury were sworn. II. Every verdict and judgment which shall be given after As to verdict the making of any amendment under the provisions of this Act, and judgment shall be of the same force and effect in all respects as if the after amendindictment had originally been in the same form in which it was after such amendment was made. ment. be drawn up. III. If it shall become necessary at any time for any purpose Formal record whatever, to draw up a formal record in any case where any after amendamendment shall have been made as aforesaid, such record ment, how to shall be drawn up in the form in which the indictment was after such amendment was made, without taking any notice of the fact of such amendment having been made. conviction or IV. In making up the record of any conviction or acquittal How the reon any indictment, it shall be sufficient to copy the indictment cord of any with the plea pleaded thereon, without any formal caption acquittal may or heading whatever, and the statement of the arraignment be drawn up. and the proceedings subsequent thereto, shall be entered of record in the same manner as before the passing of this Act, Judges may subject to any such alterations in the forms of such entry, as shall or may from time to time be prescribed by any rule or rules of the Judges of the Superior Courts of Common Law of Upper Canada, and of the Queen's Bench in Lower Canada. make further rules. V. It shall not be necessary that any indictment, except in Only indictcases of high treason, shall be written on parchment; any law, ments for usage or custom to the contrary notwithstanding. be on parch meut. murder. VI. In any indictment for murder or manslaughter it shall What avernot be necessary to set forth the manner in which or the means ment shall be by which the death of the deceased was caused, but it shall be uficient for sufficient in every indictment for murder, to charge that the de- indictment for fendant did feloniously, wilfully and of his malice aforethought kill and murder the deceased; and in every indictment for For manmanslaughter, to charge that the defendant did feloniously kiil slaughter. and slay the deceased. VII. In any indictment for forging, uttering, stealing, embezzl- In indictment ing, destroying or concealing, or for obtaining by false pre- for forging, tences, any instrument, it shall be sufficient to describe such stealing, &c.,, anyinstrument instrument by any name or designation by which the same in writing. may be usually known, or by the purport thereof, without setting out any copy or fac-simile thereof, or otherwise describing the same or the value thereof. &c, VIII. In any indictment for. engraving or making the whole In indictment or any part of any instrument, matter or thing whatsoever, or for engraving, any insfor using or having the unlawful possession of any plate or trument. other material upon which the whole or any part of any instrument, matter or thing whatsoever shall have been engraved or made, or for having the unlawful possession of any paper upon which the whole or any part of any instrument, matter or thing whatsoever |