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section.

II. Each and every transgression of the prohibitions of the Penalty for preceding section of this Act shall be punished by a fine of contravening Fifty Pounds currency, recoverable with costs by an action of the preceding debt in a Court of competent jurisdiction from the Marguilliers of the Euvre and Fabrique of the Parish of Notre-Dame de Québec, in the case of an interment in the said Cimetière des Picotés, or in the burial ground surrounding the Parochial Church of the said Parish, and in the case of an interment in the said English Burial Ground, from the Trustees of the said burial ground.

Burials in cer

III. After the lapse of one year from the passing of this Act, After one year it shall be lawful for the Corporation of the City of Quebec, Corporation to prohibit the interment of any dead body in either of the may prohibit following burial grounds in the City of Quebec, that is to say: tain other the burial ground known by the name of the Wesleyan places. Methodist Cemetery, situate in D'Artigny Street, Saint Lewis Suburbs, Saint John's Ward in the said City, the burial ground in the Saint Roch's Ward in the said City, bounded in front by Dorchester Street, in 1ear by Caron Street, to the south by Saint Joseph Street, and to the north by Saint François Street, and the several burial grounds situate in Panet, Smith, Stuart and Dorchester Streets, in the vicinity of the Marine Hospital in Saint Roch's Ward in the said City; Provided always, that Proviso: before the said interments shall cease within the Wesleyan Corporation Cemetery, in D'Artigny Street, and the English Burial Ground, fy the Owners in St Jolin Street, aforesaid, the Corporation of the City of before prohi Quebec shall be bound to indemnify the Owners, Trustees, or biting Burials other Representatives of the ground so prohibited, in a reason- places. ble sum to compensate for their loss of property, the same to How the be ascertained by Experts to be chosen, one by each party; amount of inthe said Experts having the right to appoint an Umpire, and in demnity shall case the said Experts do not agree in the appointment of such be asceita ned. Umpire, the same shall be named by one of the Judges of the Superior Court for Lower Canada.

must indemni

in certain

section.

IV. Each and every transgression of the prohibitions of the Penalty for next preceding section of this Act shall be punished by a fine contravening of Fifty Pounds currency, recoverable with costs by an action of next preceding debt in a Court of competent jurisdiction, from the party or person or body corporate or politic, having the legal control and custody of the burial ground in which such transgression shall be committed.

V. Every action for the recovery of fines under this Act shall Recovery of be brought in the name of the Mayor and Councillors of the penalties. City of Quebec; and proof of the offence shall be made by the Evidence. oath of one or more credible witness or witnesses; and the Officers and Servants of the said Mayor and Councillors shall be competent witnesses in every such action.

Application of VI. All fines recovered under this Act shall belong to the
penalties.
City of Quebec, and shall be paid to the Treasurer of the said
City.

How desinterments shall be conducted.

Public Act.

Preamble.

58 G. 3, c. 15.

VII. In each case in which it shall be necessary to disinter a body buried in either of the said burial grounds, the disinterment shall take place by the direction and under the superintendence of the person or persons appointed for that purpose, by the Police Committee of the City Council of the said City, and according to the regulations in that respect made by the

said Council.

VIII. This Act shall be a Public Act.

CAP. CXLII.

An Act to transfer to the City of Montreal, all the property, rights and privileges heretofore enjoyed by the Wardens of the House of Industry, in the City of Montreal, and for other purposes.

[Assented to 19th May, 1855.] THEREAS by an Act of the Legislature of Lower Canada passed in the fifty-eighth year of the Reign of King Act of L. C., George the Third, intituled, An Act to establish a House of Industry in the City of Montreal, a Corporation and body politic and Corporate by the name of The Wardens of the House of Industry in the City of Montreal, was erected and established for carrying into effect the last will and testament of the late John Conrad Marsteller, who died on the seventeenth day of May, one thousand eight hundred and eight, having by his said will bequeathed certain real and immoveable estates, and the rest, residue and remainder of all and every his Estate, property and effects, after payment of his debts and legacies, for the purpose of establishing in the said City of Montreal, a House of Industry; And whereas the said Corporation so established hath been found ineffectual for the proper establishment and management of the said House of Industry, and the benevolent intentions of the said John Conrad Marsteller in bequeathing the aforesaid estate and property are thereby likely to be defeated, unless the control and direction of the affairs of the said House of Industry be transferred to and vested in other management; And whereas by the joint petition of the said Wardens of the said House of Industry and of the Corporation known as The Mayor, Aldermen and Citizens of the City of Montreal, it is prayed that the powers, rights and privileges conferred on the said Wardens by the aforesaid Act, as well as the property, estate, chattels and effects of the said House of Industry so incorporated, may be transferred to and made to vest in the said Corporation known as The Mayor, Aldermen and Citizens of the City of Montreal, and the entire management

management and control thereof in future be confided to them, and that such further powers may be granted to them for the making of By-Laws and the appointment of overseers and other officers for the well governing and management of the said House of Industry and of the estate and property thereof, as may by them be deemed necessary effectually to carry out the object of the late John Conrad Marsteller, as expressed in his said will; And whereas it is believed that the purposes for which the said late John Conrad Marsteller so bequeathed the said property will be more effectually accomplished by such transfer of the said estate, property and effects to the said Mayor, Aldermen and Citizens of the City of Montreal: 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, the said Act of the The said Act Parliament of Lower Canada, passed in the fifty-eighth year of and the 7 G. 4. c. 4, and the Reign of King George the Third, chapter fifteen, and the seve- 9 G. 4. c. 43, ral Acts of the said Parliament of Lower Canada amending the amending it, same, passed in the second year of the Reign of King George repealed. the Fourth, in the seventh year and in the ninth year of the said Reign, shall be and the same are hereby repealed.

held for the

Corporation of

II. From and after the passing of this Act, the real or Property now immoveable estates, and the rest, residue and remainder of all said Instituand every the estates, property and effects, after the payment of tion transferhis just debts and legacies, left by the said late John Conrad red to the Marsteller under and by virtue of his said last will and testa- Montreal. ment, for the purpose of establishing in the said City of Montreal a House of Industry, and all and every the real and personal estate, property, chattels and effects in any way belonging and pertaining to the said Corporation or body politic and corporate known as The Wardens of the House of Industry in the City of Montreal, in the hands and possession of whomsoever the same may be, shall vest in and become and be the property of the said Mayor, Aldermen and Citizens of the City of Montreal, for the purpose of sustaining and keeping up in the said City of Montreal a House of Industry, as contemplated and provided for by the said will of the said late John Conrad Marsteller; and the said Mayor, Aldermen Powers of the and Citizens of the City of Montreal shall and may take and Corporation as claim, and if necessary, sue for and recover the same, of and to such profrom the said Wardens and every of them, and of and from every other person or persons in whose possession the same or any part thereof is, may be, or be found."

perty.

Corporation

maintain a

House of Industry in the City, and to make Bylaws for its governance.

III. The said Mayor, Aldermen and Citizens of the City of empowered to Montreal, are hereby authorized and empowered to establish, establish and sustain and keep up a House of Industry in the said City of Montreal, and to use and apply the property, estates, moneys, chattels and effects by this Act declared to be vested in and to become the property of the said Mayor, Aldermen and Citizens of the City of Montreal, for the purpose of establishing, sustaining and keeping up the said House of Industry, and from time to time to make and pass such By-Laws, Rules and Regulations for the management and direction of the said House of Industry, as they may think fit, provided the same are not repugnant to the Laws in force in this Province; and from time to time to appoint, discharge and re-appoint such overseers and other officers as they may deem it necessary to appoint for the management of the said House of Industry.

for the pur poses of the Institution.

Corporation to IV. The said Mayor, Aldermen and Citizens of the City of have power to Montreal, at all times hereafter, shall and may have power and acquire and hold property authority to purchase, take, acquire and hold by will, gift or otherwise, lands, tenements, real and immoveable estates, rents, usufructs, servitudes and hereditaments, and to erect houses and buildings thereon for the use and purposes of the said House of Industry in the City of Montreal, and shall also have power and authority at all times hereafter, to sell and dispose of the real and immoveable estate by this Act vested in the said Mayor, Aldermen and Citizens of the City of Montreal, or which may be hereafter purchased or acquired by And to alien them for the purposes of the said House of Industry; but in case the said Mayor, Aldermen and Citizens of the City of otherproperty. Montreal, shall so sell and dispose thereof, or of any part thereof, they shall, as soon as may be convenient thereafter, apply the proceeds thereof to the purposes of the said Institution, by the purchase of other Lands and Tenements, real or immoveable estate, more fit and proper for promoting the permanent

ate the same

and acquire

Public Act

Preamble.

16 V. c. 24.

establishment thereof.

V. This Act shall be deemed a Public Act.

CAP. CXLIII.

An Act to provide for the management and improvement of the Harbour of Montreal and the deepening of the Ship Channel between the said Harbour and the Port of Quebec, and to repeal the Act now in force for the said purposes.

[Assented to 19th May, 1855.]

HEREAS it is expedient to amend the Act passed in the sixteenth year of Her Majesty's Reign, chaptered twenty-four, and intituled, An Act to provide for the improvement and enlargement of the Harbour of Montreal and for the

deepening

deepening of Lake St. Peter and the improvement of the Navigation of the St. Lawrence between the said points, and for other 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:

shall come

I. This Act shall come into force and effect upon the The said Act first day of July one thousand eight hundred and fifty- 16 V c. 24 repealed from five, upon, from and after which day the said Act passed 1st July 1855, in the sixteenth year of Her present Majesty's Reign, and when this Act chaptered twenty-four, shall be and the same is hereby re- into force. pealed, except in so far as it repeals any former Act or enactment; and except so far as may be necessary for supporting or continuing any proceeding heretofore taken or here- Exception as after to be taken upon any matter or thing whatsoever arising to proceedings out of the said Act or any Act thereby repealed, or upon any commenced, criminal or civil Process; and except as to the recovery and application of any penalty for any offence committed against any of the said Acts before the commencement of this Act.

&c.

II. All contracts and undertakings made and entered into Contracts, by the Harbour Commissioners of Montreal, and all debentures Debentures, issued by them under the authority of the aforesaid Act or &c. under re pealed Act to Acts, and all things done and rights acquired in virtue thereof, Tema vane shall be and the same are hereby declared to be valid and confirmed, as if all the said Acts were in full force and vigor.

III. The Body Corporate and Politic created by the aforesaid Corporation of Act, under the name of the Harbour Commissioners of Mont- Harbour Com. missioners real, shall be continued by this Act under the same name, and continued. shall continue to have power to hold, take and purchase immoveable property for the purposes of this Act, and to build, acquire, hold and possess such Steamboats, Dredges, Scows, and other Vessels as it may deem necessary for the efficient discharge of the duties devolved upon it by this Act, and to take out Registers for such Vessels, in its corporate name and capa- Corporate city, and to dispose of the same as well as of the said immove- powers conable property, as often as it may see fit to do so, and to do all other things necessary to carry out the provisions of this Act according to their true intent and spirit.

tinued.

IV. The said Corporation shall be constituted from and after The Corporathe passing of this Act, as follows, that is to say: It shall be com- tion after 1st posed of Five Members, three of whom shall be appointed by the July 1855, to Governor as heretofore, and shall hold their appointments during three Mempleasure, and the Mayor of the City of Montreal, and the bers appointed President

consist of

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