False oath to be perjury. Auditor to tako an oath ef affice. The oath. Sects. 19 & 24 c. 128 amend ed. "behalf or account, either directly or indirectly, in order to in"duce you to give your vote at this election, nor do you expect แ any remuneration, gift or reward, either directly or indirectly, "for voting at this election. So help you God." XXIV. Any person who shall swear or affirm falsely, upon the said prescribed oaths numbers one and two, contained in the preceding section, or either of them, being administered to him, shall be guilty of wilful and corrupt perjury, and shall be liable to all the pains and penalties of the said offence. XXV. Hereafter no Auditor, elected or appointed under the said last cited Act, shall be required to take an oath that he is holder of real or personal estate, as one of the qualifications for holding such office, but the following oath shall be administered to such Auditor by the Mayor, or any Alderman or Councillor thereof, or the City Clerk, to wit: "You (name of Auditor,) having been elected Auditor for the "City of Montreal, do sincerely and solemnly swear, that you "will faithfully fulfil the duties of the said office, according to "the best of your judgment and ability. So help you God." And no other oath shall be required of such Auditor; any thing in the said Act to the contrary notwithstanding. XXVI. The nineteenth and twenty-fourth sections of the Act of 14 & 15 V. last cited (fourteenth and fifteenth Victoria, chapter one hundred and twenty-eight,) shall be and the same are hereby severally amended, by substituting in the said nineteenth section, the words" sixteenth section," in place of " fifteenth section," and in the said twenty-fourth section the words "for the particular ward" in lieu of " within the particular ward." Sect. 33 repealed. Sects. 48 & 49 amended. absence of XXVII. The thirty-third section of the Act last cited shall be and the same is hereby repealed. XXVIII. The forty-eighth and forty-ninth sections of the said last cited Act shall be and the same are hereby amended, in so far as respects the manner of appointing a Chairman at any Chairman in meeting of the said Council, in the absence of the Mayor and acting Mayor of the said City, so that the said Council shall have full power and authority hereafter, in the absence of the said Mayor and acting Mayor, to choose any Alderman or Councillor to be Chairman at any such meeting; any thing in the said sections to the contrary notwithstanding. Mayor. Sect. 56 repealed. XXIX. The fifty-sixth Section of the Act last cited, the fourteenth and fifteenth Victoria, chapter one hundred and twentyeight, shall be and the same is hereby repealed. imposed im XXX. Annually between the tenth day of May and the Special rate tenth day of July, or as soon thereafter as may be found expe- for the Water dient by the said Council, in the present year one thou- Works to be sand eight hundred and fifty-five, and in each year, for two mediately. years thereafter, a special assessment not exceeding six pence in the pound of the assessed yearly value of all real property within the said City, shall be made and levied upon the owners, tenants or occupiers thereof, to be applied in defraying the expenses of the Montreal Water Works. Works rate, the water. XXXI. In addition to the special assessment hereinbefore Another addiin the next preceding section of this Act, authorized to be made, toinal Water and to be applied in defraying the expenses of the Montreal when the Water Works, it shall and may be lawful for the said Council Council is of the said City to establish by a By-Law when and so soon ready to supply as they are prepared to supply the said City or any part thereof with water, a tariff of rates for water supplied or ready to be supplied in the said City from the said Water Works, which said tariff of rates shall be payable at the times and in the manner to be established in the said By-law, by all proprietors, occupants or others supplied with water from the said works, or whom the said Council are prepared and ready to supply with water from the said works; which tariff of rates Payable by shall not however be made payable before the water is ready all whether to be supplied to the said proprietors, occupants or others, by water or not. they take the the said Council; the said tariff of rates shall and may be made payable by all such proprietors, occupants or others, as well by those who refuse, as by those who consent to receive into their houses, stores or other buildings, the water pipe to supply the said water; but the said tariff of rates shall not be payable by the proprietors or occupants of any such house, store or building, until after the said Council shall have noti fied them that they are prepared and ready to supply such house, store or building with water, and if from the time of such notification, to the next period appointed for the payment of such tariff of rates, there shall be any broken period, then Broken périod. such tariff of rates shall be payable pro rata for such broken period ter into the as if accruing day by day; Provided that the expense of intro- Proviso: ducing the said water into the said houses, stores or other Council to buildings, shall be borne by the said Council, and the work bring the waperformed by the same, but the distribution of the said water houses, through the said houses, stores or other buildings, after being introduced into them, shall be borne by such proprietors or occupiers if required by them XXXII. And whereas in cases where the said Council have Recital of purchased, or taken and entered into, or may hereafter take or doubts under purchase and enter into property for the use of the Water Works of the said City, by virtue of the Act passed in the seventh year of Her Majesty's reign, intituled, An Act to authorize the Mayor, 7 V. c. 44, and Aldermen and Citizens of Montreal to purchase, acquire and hold the property now known as the Montreal Water Works, and of the Act Act passed in the sixteenth year of Her Majesty's reign, inti16 V. c. 127. tuled, An Act to authorize the Mayor, Aldermen and citizens of the City of Montreal, to borrow a certain sum of money, and to than is absolu tely required for Water Works. Matter to le on petition of either party sion to be 1 nd ing and wi h out appeal. and his dec erect therewith Water Works for the use of the said City, and to extend and amend the provisions of any Act relating theretoAs to power to doubts have been or may be raised, as to the right of the said take more land Council to take more land than they absolutely require for the purposes of the said Water Works, or as to any other preten sions of the said Council, and the Appraisers appointed to fix and determine the price or compensation to be paid therefor, have no power or authority to decide such questions: Be it determined by therefore enacted, that it shall be lawful for either party in any a Judge of the Superior Court such case to present a petition to any Judge of the Superior Court for Lower Canada, sitting at Montreal, either in Term or in vacation, setting forth his pretensions in the premises; and thereupon it shall be the duty of such Judge, on proof of service of copies of such notice on the opposite party, and on the Ap praisers, at least three days before the presentation thereof, to fix a delay, not exceeding eight days, for the said party to file his answer in writing to the said petition in the Office of the Prothonotary of the said Court at Montreal, and to serve a copy thereof on the Petitioner; and on proof of service on the party opposed to such Petitioner of the order fixing such delay, the said Judge shall name a further day and time for hearing the parties summarily on the questions raised; such petition and answer, or petition only, as the case may be, and notice of the order fixing such day for hearing, shall be given by the Peti tioner to the opposite party on the day on which it is made; and after hearing the parties as aforesaid, or one party only if the other shall fail to appear after due notice as aforesaid, the said Judge shall make such order in the premises as to law and justice may appertain; and the Appraisers shall be bound by the decision of such Judge in the premises (from which no appeal shall lie), and shall govern themselves accordingly; and it shall be the duty of the Appraisers, upon, from and after the service upon them as aforesaid of a copy of such petition as aforesaid, to suspend all further proceedings in the case until they are served with a copy of the final order or decision of such Judge on the question submitted to him. Inconsistent enactments repealed. Public Act. XXXIII. All the provisions of any law inconsistent with the provisions of this Act, shall be and the same are hereby repealed. XXXIV. This Act shall be held and taken to be a Public Act. САР. CAP. CLXIII. An Act to authorize the keeping of separate Registers W HEREAS the great number of Baptisms, Marriages and Preamble. Burials within the Parish of Notre-Dame of Montreal, and in the Parishes of Notre-Dame of Quebec and St. Roch of Quebec, necessitates further provisions to facilitate their regular registration: 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 first day of July next, it shall be law- A Register ful for the curé of each of the said Parishes of Notre-Dame of may be kept for Montreal, of Notre-Dame of Quebec, and of St. Roch of each Church. Quebec respectively, or for any vicar or other priest ministering in any of the Churches depending upon the said Parish Churches respectively, to keep registers therein for the regis tration of certificates (actes) of Baptism, Marriage and Burial. II. The said certificates may be registered in one register One or three only or in separate registers, one of which shall be kept for Registers may certificates of Baptism, one for certificates of Marriage, and a be kept in third for certificates of Burial, the whole in accordance with each Church.. the formalities required by Law. III. Any extract from such registers, certified by the curé er Extracts to be other priest administering such Church, shall be deemed authentic. authentic, CAP. CLXIV. An Act to make further provision for defraying the cost of the new Court House at Montreal, and of that at Aylmer. [Assented to 30th May, 1855.] HEREAS the sums appropriated by the Act passed in the Preamble. twelfth year of Her Majesty's Reign, intituled, An Act 12 V. c. 112. to make provision for the erection or repair of Court Houses and Goals at certain places in Lower Canada, for the erection of a new £25,500 may be raised by Debentures. £25,000 for Court House at Montreal; new Court House at Montreal, and one at Aylmer, in the District of Ottawa, have been found insufficient, and it is expedient to make further provision in that behalf: 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 Kingdoin 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. It shall be lawful for the Governor in Council to authorize a sum not exceeding twenty-five thousand five hundred pounds, to be raised by loan for the purposes of this Act, and for that purpose to cause Debentures to be issued on the credit of the Consolidated Revenue Fund of this Province, and redeemable in twenty years from the date thereof, to an amount not exceeding the sum last aforesaid, in such form, for such sums respectively, bearing such rate of interest not exceeding six per centum per annum, and the principal and interest whereof shall be payable at such places in this Province or elsewhere, as he shall deem expedient. II. Out of the sum to be so raised as aforesaid, it shall be lawful for the Governor by Warrant, to cause such sums as may be necessary, not exceeding in the whole the sum of twentyfive thousand pounds, to be applied from time to time towards defraying the cost of completing the new Court House at Montreal, over and above the sum appropriated for the like pur And £500 for pose by the Act cited in the preamble to this Act,—and a sum that at Aylmer. not exceeding five hundred pounds, towards defraying the cost of completing the new Court House and Goal at Aylmer, over and above the sum appropriated for the like purpose by the Act last above mentioned. to continue Duties imposed III. For the purpose of making good to the Consolidated Reby 12 V c. 112 venue Fund, the sum required to pay the principal and interest until the said of the Debentures aforesaid, the duties imposed by or under the sums are paid. Act cited in the preamble to this Act, shall continue to be payable,-in the District of Montreal until a sum sufficient to make good the principal and interest of the Debentures to be issued for raising the said sum of twenty-five thousand pounds, and in the District of Ottawa until a sum sufficient to make good the principal and interest of the Debentures to be issued for raising the said sum of five hundred pounds,—shall be raised therefrom, and paid into the Consolidated Revenue Fund, for the purpose of being paid over by those who shall receive them, to the Receiver General: Provided always, that the moneys to arise from the said duties in each of the said Districts, shall be first applied to pay the principal and interest of the Debentures issued under the Act last mentioned, for defraying Proviso: ap plication of such duties. the |