CAP. CXI. An Act to amend the Act for the organization of the [Assented to 30th May, 1855.] WHEREAS great difficulty is frequently experienced, in Preamble. procuring a quorum of the Members of the Boards of Notaries in Lower Canada, to be present on the days appointed for the meetings of the said Boards, more particularly in Districts in which the Members of the Board reside at a great distance from the place of holding the meetings thereof; And whereas it frequently happens that no business can be transacted at several consecutive meetings by reason of a quorum of the said Board not being present; And whereas in consequence of the delays to which candidates for admission to the study of the Notarial Profession are thus subjected, from their being unable to pass the examination required by law in order to such admission, the said candidates suffer great injustice and hardship, and it is expedient to provide a remedy therefor: 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: themselves examined af shall be com. I. Any person who shall have bona fide served under Articles Persons havof Clerkship duly executed, with any Notary practising as such ing been unin Lower Canada, and who shall previous to the execution able to get thereof, have complied with all other conditions and formalities examined as prescribed by law in order to admission to the study of the Students for Notarial Profession, but who shall not have undergone the want of a quorum of the examination required by law in consequence of the want of a Board of Exaquorum of Members of the Board for the District in which he miners may be shall reside, but who shall after the execution of the said Articles, terwar at the first meeting of the said Board at which such a quorum their time for examination shall be present, have passed the necessary puted from examination, may be admitted to the practice of the Notarial their first preProfession at the expiration of four or five years, as the case sentation for may be, according to the term of study fixed by his Articles examination. of Clerkship, to be computed from the date of the execution of the said Articles and not from the date of admission to the study of the Profession by the Notarial Board as heretofore; any thing in the Acts of one thousand eight hundred and forty-seven and one thousand eight hundred and forty-nine, organizing the Notarial Profession, or in any other Act amending the same, to the contrary, notwithstanding. Delay for re Articles of II. The delay for the registration of the Articles of Law gistration of Students fixed by the Act of one thousand eight hundred and fifty-one, chapter twenty, shall be held to have been in force up to this date, and shall continue to be in force for the period of six months after the passing of this Act. Law Students. Public Act. Preamble. Notwithstanding 2 V. c. 29, 13 & 14 V. c. 44, and III. This Act shal be a Public Act. W CAP. CXII. An Act to amend the Acts and Ordinance concerning the civil erection of Parishes, and the building and repairing of Churches, Parsonage Houses, and Church-yards. [Assented to 30th May, 1855.] THEREAS it is expedient to amend the laws in force concerning the civil erection of Parishes, and the building and repairing of Churches, Parsonage Houses and Church-yards, in the manner hereinafter mentioned: 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. For and notwithstanding any provision in the Ordinance of the Governor and Special Council of Lower Canada, passed in the third Session of the said Council, held in the second year of Her Majesty's Reign, intituled, An Ordinance concerning the erection of Parishes and the building of Churches, Personage Houses and Church-yards, or in the Act passed in the Session held in the thirteenth and fourteenth years of Her Majesty's Reign, and intituled, An Act to continue and amend the Ordinance concerning the erection of Parishes, and the construction and repairing of Churches, Parsonage Houses, and Church yards, or in 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 to continue and amend the Ordinance concerning the erection of Parishes, Churches and Church-yards in Lower Canada, respecting the manner in which any sums of money are hereafter to be levied for the purposes in the said Acts and Ordinance mentioned, and suits brought for the recovery of the said sums of money under and by virtue of the said Acts Suits for sums and Ordinance,-all suits which shall be hereafter brought for levied under the recovery of any sums of money to be levied under and by them to be brought in virtue the said Acts and Ordinance, for the purposes therein Circuit Court mentioned, shall be brought either before a Circuit Court, as without ap- provided in and by the said Acts and Ordinance, without appeal 14 & 15 V. c. 103. fr from any judgment either final or interlocutory, rendered by the peal, or Comsaid Court, or before the Commissioners' Court nearest to the missioners' residence of the party sued, or before one or more Justices of Court or before the Peace of the locality in which the assessment is leviable, Peace." and in default of such resident Justice, then before the Justice or Justices nearest to the said locality, and all such actions may Evidence be maintained by the production of duly authenticated certifi- therein. cates of papers and documents, the production whereof might be required to maintain such actions, if this Act had not been passed. Justices of the II. Whenever the sums of money to be so levied shall exceed Sums over three pounds currency, they shall be levied and payable in £3 to be levied equal and quarterly payments, and not otherwise; any law to ments. the contrary notwithstanding. by instal may be com III. Whenever the construction of any Church (of the descrip- Work begun tion mentioned in the said Ordinance) in any Parish or Mission by voluntary in Lower Canada, shall either have been begun before the subscription passing of this Act, or shall hereafter be begun by voluntary pleted under subscription, or having been constructed by voluntary subscrip- the Ordinance tion, any work shall remain to be done to such Church, the and Acts. completion thereof or of the works necessary to such completion, may be proceeded with and performed in the same manner as provided for the building of Churches under and in virtue of the said above cited Ordinance, or of any Act or Ordinance amending the same, as if the construction of the said Church had been originally commenced under the provisions of the said Acts and Ordinance. said Laws, if IV. Should a majority of the Parishioners, at the same or Public Hall any other time, present a petition praying for permission to may be erect erect a public Hall or any other edifice, in conformity with the ed under the Acts and Ordinance hereinbefore cited, it shall be lawful for erected on the Commissioners to accede to the prayer of the said Peti- lands of the tioners, provided that such buildings be erected Fabrique. land upon belonging to the Fabrique, and not elsewhere. V. The builder or contractor who shall have been employed Builder to for the erection or repair of any Church, Parsonage House, have his reSacristy or other buildings or works belonging to any Fabrique, the Fabrique course against which shall have been erected without the observance of the formalities required by law, shall have his recourse against the said Fabrique, so soon as they shall have taken possession of the said buildings or works, for any amount that may be due to him on account of labor performed by him; Provided always, Proviso: that in such case the Fabrique shall be empowered to sue for Recourse of and recover the amount of subscriptions remaining due by the Fabrique. Parishioners, and to compel the Trustee, Attorney or Agent, if any such shall have been appointed to superintend the said works, to render an account of the moneys by him collected for the said works, and of his expenditure thereof. Publication of VI. Any decree for the canonical erection of a new Parish, or canonical de for the subdivision, dismemberment, or union of any Parishes, eree erecting or with regard to the alteration or modification of the boundaor altering a Parish. ries, limits and division lines of Parishes already erected or established according to law, rendered before the passing of this Act according to the canonical laws, form and usages followed in the Roman Catholic Dioceses in Lower Canada may, and every such decree rendered hereafter shall be publicly read and published on two consecutive Sundays from the pulpit in the Churches or Chapels of the Parishes or missions interested in the said erection, dismemberment, division, union, alteration of limits, boundaries or lines of demarcation, (or, in default of such Parish Church or Chapel, from the pulpit of the Church or Chapel of the Parish whence the inhabitants of the Parish or Mission in question are ministered to) together with a notice informing the parties interested, that on the expiration of thirty days, or one day later if the thirtieth day be a holyday (fete d'obligation) after the last reading and publication of the said canonical decree, ten or a greater number of the inhabitants being freeholders mentioned in the petition presented to the ecclesiastical authorities for the rendering of the said canonical decree, will apply to the Commissioners for the civil recognition thereof; and that all having or pretending to have any opposition or claim to bring against the said civil recognition, will be bound to file and deposit the same before the expiration of the said thirty days, in the custody of the Clerk of the said Commissioners; and if, within the said period no opposition be made to the said civil recognition of the said canonical decree, and filed and deposited as aforesaid in the custody of the said clerk, or if the said opposition be made and filed, and dismissed by the said Commissioners, the said Commissioners shall make their report to the Governor of this Province for the time being, in conformity to the said canonical decree. Notice of ap plication for civil recognition of decree, and of time limited for oppositions. Report to the the Commis- Present Com act under this Act. VII. The Commissioners appointed in the different districts, missioners to by virtue of the said Acts and Ordinance cited in the first section of this Act, shall be vested with all the powers necessary for the due execution of this Act, and shall retain all the powers already vested in them by the said Acts and Ordinance. Preamble. CAP. CXIII. An Act to prevent furious driving on certain Highways in Lower Canada. W [Assented to 30th May, 1855.] HEREAS great inconvenience has been caused to foot passengers and others, by the practice which at present prevails of racing and driving furiously on the public Highways in Lower Canada, and whereas it is expedient to prevent the occurrence of such nuisance in future: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent 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, it shall not be lawful Fast driving for any person to ride or drive any horse upon any of the public in certain Highways in this Province, within the distance of ten miles from places forbid. den. either of the Cities of Quebec or Montreal, or the Town of Three Rivers, at a rate faster than an ordinary trot. II. If any person shall be convicted of any offence against the Penalty on next preceding section, before any one or more of Her Majesty's persons offending against Justices of the Peace for the District in which the offence shall this Act. have been committed, upon the oath of one or more credible witness, or on view had of such offence by any such Justice, such person shall, upon conviction, as aforesaid, forfeit and pay a sum not exceeding five pounds, nor less than twenty shillings, current money of this Province, at the discretion of such Justice or Justices, with all reasonable costs, both before and after conviction. How such penalty may be forthwith paid, levied if not III. Upon any such conviction as aforesaid, it shall be lawful for the Justice or Justices before whom such conviction shall have been had, forthwith to issue his or their warrant of distress against the goods and chattels of the offender, directed to any constable in the said District, and commanding him to levy the said fine and costs of the goods and chattels of the said offender; and in default Commitment of payment of such fine and costs as aforesaid by such offender, and of offender. if no goods and chattels of such offender can be found whereof such fine and costs can be levied as aforesaid, it shall be the duty of such Justice or Justices to commit such offender to the common gaol of the District, for a term not exceeding thirty days, unless the fine and costs are sooner paid. penalties. IV. Of all fines to be levied or collected by virtue of this Act, Application of one half shall belong to the Informer and the other half shall be paid to the Receiver General of this Province, for the public uses thereof. V. No appeal shall lie from the decision of any Justice rendered No appeal. under this Act. CAP. |