To the Office of Clerk of the Peace, a sum not exceeding two hundred pounds, yearly.

IN THE DISTRICT OF MONTREAL.

To the office of Prothonotary or Clerk of the Superior Court, But see the a sum not exceeding three hundred pounds currency, yearly.

To the office of Clerk of the Circuit Court of the Montreal Circuit, a sum not exceeding one hundred pounds currency, yearly.

French version which is cor rect.

To the office of Clerk of the Peace, a sum not exceeding See French. two hundred pounds currency, yearly.

VI. It shall be lawful for the Governor from time to time to Governor may diminish or increase the salaries of the High Constables, Criers, increase the Assistant Criers, Tipstaffs, Gaolers, Turnkeys and Court House Salaries of Criers, &c. Keepers attached to any of the Courts aforesaid; provided no such salary shall in any case exceed the sum of two hundred Limitation. and fifty pounds, yearly.

VII. So much of the Acts last above cited or either of them, Inconsistent as fixes or limits the yearly salary or allowance to be granted enactments to any officer to whom a salary or allowance is authorized by repealed. this Act, or as may be in any wise inconsistent with or repugnant to this Act, or makes any provision for any matter otherwise provided for in this Act, shall be and is hereby repealed; but nothing herein shall be construed to repeal the authority given to the Governor in Council by the third section of the Act passed in the Session held in the fourteenth and fifteenth years of Her Majesty's Reign, and intituled, An Act to amend the Act 14 & 15 V. substituting Salaries for Fees in certain cases in Lower Canada, to grant an allowance to the Officers there in mentioned, for collecting the tax imposed for defraying the cost of erection or construction of Gaols and Court Houses at certain places; and Provisions of all the provisions of the Act last mentioned and of the Acts foriner Acts to apply when hereinbefore cited shall apply to the salaries to be fixed under not inconsisthis Act and to all matters to be done under the authority tent. thereof, in so far as they may not be inconsistent with the provisions of this Act.

c. 17.

VIII. And whereas it is expedient to render the said Officers Recital. of Justices Fee Fund as nearly as practicable adequate to the payment of the salaries of all the Officers connected with the administration of Justice in Lower Canada, which are to be provided for under the authority of the aforesaid Act and of this Act: Be it therefore enacted, that so much of the Act passed in the Provision of twelfth year of Her Majesty's Reign, intituled, An Act to amend 12 V. c. 38, the Laws relative to the Courts of Original Civil Jurisdiction in enabling Lower Canada, as enables the Judges of the Superior Court for make Tariff of Lower Canada to establish a Tariff of the fees to be paid to the Fees for cerProthonotaries

Each Elec

when the

.

Prothonotaries of that Court and to the Clerks of the Circuits of Lower Canada, shall be and is hereby repealed; and it shall be lawful for the Governor in Council to repeal, alter or amend any such Tariff now existing, and hereafter to exercise as regards the making, altering and amending the Tariff of fees for the said Officers, all the powers given to the said Judges in and by the said Act; but any such Tariff now in force shall remain in force until so repealed, altered or amended by the Governor in Council.

IX. The due application of all moneys paid under this Act out of the Consolidated Revenue Fund of this Province, shall be accounted for to Her Majesty, Her Heirs and Successors in such manner and form as they shall direct, and an account thereof shall be laid before each House of the Provincial Parliament at the then next Session thereof.

САР. ХСІХ.
IX

An Act to establish a Registry Office in and for each
Electoral County in Lower Canada.

W

[Assented to 30th May, 1855.] HEREAS it is desirable that the Territorial Divisions of Lower Canada should, so far as may be practicable, be the same for Electoral, Municipal and Registration purposes: 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. So soon as the Municipal Council of any Electoral County toral County shall have fixed the place at which the Sittings of such Council to be proshall be held, and shall have provided there at a proper place claimed a County for for the County Registry Office, with a sufficient Metal Safe or Registration fire-proof Vault for the safe keeping of the books and papers Council shall thereof, the Warden of the County shall represent the same to have provided the Governor, and upon the report of the Attorney or Solicitor at the place General that the foregoing requirements have been complied with, the Governor shall, by Proclamation, declare the same, held, a proper and such Electoral County shall be a County for Registration place for a purposes under this Act, upon and after a day to be named Registry Office. in such Proclamation.

where its

sittings are

On such Pro- II. Upon and after the day named in such Proclamation, the clamation the Electoral County to which it refers, shall be a County for all County to be the purposes of the Ordinance of the Governor and Special

Council

c. 30.

Council for the affairs of Lower Canada, passed in the fourth a County for year of Her Majesty's reign, and intituled, An Ordinance to all the purprescribe and regulate the Registration of Titles to lands, tene- poses of 4 V. ments and hereditaments, real and immoveable estates, and of charges and incumbrances on the same, and for the alteration and improvement of the law in certain particulars in relation to the alienation and hypothecation of real estates, and the rights and interest acquired therein, and of the Acts amending the same, and a Registry Office shall be kept for the purposes thereof in Registry and for the said Electoral County at the place therein so provided Office to be as aforesaid, in which Office the Registration of all Deeds, In- kept therein. struments and Documents affecting real property situate within such Electoral County shall be made, and all other things provided for by the said Ordinance and Acts, and having respect to such real property, shall be done: except only in so far as it is otherwise hereinafter provided.

proper place.

III. If there be already a Registry Office within such Elec- Removal of toral County, but it be not kept at the place so appointed and Registry provided as aforesaid, it shall on and after the day so named Office if it be be removed thereto and kept thereat, and shall thereafter be not at the the Registry Office of such Electoral County, and the Registrar by whom it shall theretofore have been kept, shall, by Registrar to virtue of this Act, be the Registrar of such Electoral County, but subject to be removed from office in like manner as other Registrars; and if there be no Registry Office in such Electoral Appointment County, a Registrar shall be appointed therefor, and shall keep there be none. his Office at the place so appointed and provided as aforesaid.

of Registrar if

under this

IV. If there be in any territory now forming a Registration Present ReCounty or Division, and the Registry Office for which shall, gistry Office under this Act, become that of an Electoral County, any place of any place not included in such Electoral County or in any other Electoral until another County having become a Registration County under this Act, is appointed such Registry Office shall nevertheless remain, as theretofore, Act. the Registry Office for such place, until the Electoral County in which it lies shall become a Registration County under this Act, but no longer; and generally, the present Registry Office for any place shall continue to be the Registry Office for such place, until some other shall, under this Act, become the Registry Office therefor.

than one Re

V. If in any Electoral County becoming a Registration Provision if County under this Act, there be more than one Registry Office, there be more that one of them which shall be at or nearest to the place gistry Office where the Sittings of the Municipal Council of the County in an Elecshall be held, shall be the Registry Office for such Electoral toral County becoming a County, when it becomes a Registration County under this Act, Registration subject to removal to the place where the Sittings of the said County under Council are held, if it be not already kept there; and any other this Act. Registry Office therein shall be removed to such place as the Governor shall direct in the Electoral County in which the

greater

Registrars to continue in office and

Bonds given

by them to remain valid

greater part of the territory for which it remains the Registry Office shall lie, until such Electoral County shall become a Registration County under this Act, when it shall be kept at the place where the Sittings of the Municipal Council thereof shall be held, as hereinbefore provided.

VI. Notwithstanding any change made in the name or limits of any Registration Division by this Act, or the removal of the Registry Office thereof, the Registrar by whom such Registry Oflice shall be kept at the time of such change or removal, notwithstand shall, without any new commission or appointment, be the ingany change Registrar of the Registration County of which such Registry in the place of Office shall be the Registry Office under this Act, and shall be the Office. called and known as the Registrar of such County, and any Bond or security he may have given, as a Registrar, shall remain in full force, and shall apply as fully to his acts and Not to prevent defaults after as before such change or removal; but this shall appointment not be construed to prevent the Governor from removing any of new Registrar, &c. such Registrar, or making any new appointment, or requiring any new security, if he shall think proper so to do.

County Muni

Office of the

County in good repair, and to be

liable for

and to a pe

nalty.

such Vaults

of penalty.

VII. It shall be the duty of the Municipality of each Regiscipality to keep the Vault tration County or Division to provide and keep constantly in or Safe in the thoroughly efficient repair in the Registry Office of such County Registry or Division, a proper and sufficient Metal Safe or Fire-proof Vault, for the safe keeping of the Books and Papers of such Office; and for any failure so to do such Municipality shall forfeit to the Crown for the public uses of the Province, the sum damages from of fifty pounds currency, to be recovered as a debt due to the default so to do Crown; and the Municipality shall further be liable for all damages which may be sustained by any person by reason of such failure: And the Governor may appoint proper persons Inspection of to inspect such Registry Offices, Safes and Vaults from time to and recovery time, and if any Registry Office shall be found unprovided with such Safe or Vault, or the Safe or Vault therein shall be found deficient, he may direct the Municipality to be sued for the said penalty, and may cause a proper Safe to be placed or a proper Vault to be erected in such Registry Office, or the Safe or Vault to be renewed or repaired, as the case may require, and the cost thereby incurred to be paid out of the Public Moneys and the sum so paid shall be recovered from the Municipality as a debt due to the Crown; and if there be more than one Municipality in such Registration County or Division, such penalty or cost may be recovered from any one of them, saving the recourse thereof against the other or others; and such penalty or cost may be recovered from any Municipality of which the major part shall be within such Registration County or Division, saving the recourse of such Municipality against any other whereof any part may be within such Registration County or Division.

cript of papers

ing

VIII. Whenever the Municipal Council of any Electoral Municipal County or locality which shall have become a Registration Council may County under this Act, shall have provided funds for paying the require transnecessary expense, such Council may require any Registrar in affecting prowhose office there shall be registered any deed, instrument or perty within document affecting real property in such Registration County, from the Rethe County to furnish the Registrar of such Registration County with copies gistrars of thereof and of all entries relative thereto, or of such abstract of former Coun such registered documents as may be desired, certified by such for the other Registrar and fairly transcribed in regular order in pro- same at a perly bound books to be furnished by the Municipality of such certain rate. Registration County, which such other Registrar shall be bound to do, being paid therefor, out of the funds to be furnished as aforesaid, at the rate of four pence currency for every hundred words in such copy, or such less rate as such other Registrar and such Municipal Council shall agree upon; and the Registrar of such Use of such Registration County may and shall thereafter grant copies of, ex- transcripts. tracts from, or make searches and grant certificates, and perform all other official acts with respect to such deeds, instruments, documents or entries, as he might do and would be bound to do if the same had been originally registered and made in his Registry Office, and demand and take the like fees therefor; and such Recourse of copies, extracts, certificates and acts shall prima facie avail for all parties for any purposes as if granted and performed by the Registrar having the custody of the original books, entries and documents to which they relate, saving the right of any party to prove error therein, and the recourse of all parties against such other Registrar as aforesaid, if the error be in the copies furnished by him to the Registrar of such Registration County under this Act.

error.

ment may

which it

Division.

IX. The Registrar having the custody of the original books Registrar in which any deed, instrument or document may have been or having custody might have been registered. may and shall grant copies thereof of any docuand extracts therefrom, and make searches and give certificates grant in respect thereof (on payment of the proper fees,) notwithstand- &c., although ing the place in which the real property to which the same the Land to relates is situate may no longer be within the limits of that for relates is no which he is the Registrar, and notwithstanding he may have longer in his furnished copies of such deeds, instruments or documents to some other Registrar under the next preceding Section, and with the same legal effect as if he were still the Registrar for the place in which such real property as aforesaid is situate; and until such copies as are mentioned in the next preceding Where docu Section are furnished to the Registrar of the proper Registration ments eviden County as therein provided, all documents evidencing the dis- cing discharge of hypothecs, charge of any hypothec or other incumbrance or charge on shall be regisany real property in such Registration County, may be registered tered. in the Registry Office in which the deed, instrument or document creating such hypothec, incumbrance or charge was originally registered; but if such copies as aforesaid have been

SO