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Power of

§ 3.-Miscellaneous.

5495. The members of any such club may adopt such byclubs to adopt laws, rules and regulations for the management of their affairs by-laws, &c. as they see fit.

Coming into force of such by-laws, &c.

Application of certain provisions.

As soon as such by-laws, rules and regulations have received the approval of the Commissioner of Crown Lands, they shall have full force and effect. 48 V., c. 12, s. 3.

5496. In so far as applicable, the provisions of the law respecting joint stock companies shall govern clubs formed and organized under this section. 48 V., c. 12, s. 4.

TITLE XII.

MATTERS RELATING TO THE CIVIL CODE, THE CODE OF
CIVIL PROCEDURE AND THE MUNICIPAL CODE, AND
AMENDMENTS THERETO.

PART FIRST.

MATTERS RELATING TO THE CIVIL CODE, THE CODE OF
CIVIL PROCEDURE AND THE MUNICIPAL CODE.

CHAPTER FIRST.

MATTERS RELATING TO THE CIVIL CODE.

SECTION I.

PROVISIONS IN CONNECTION WITH THE PRELIMINARY TITLE.

OF THE PROMULGATION, DISTRIBUTION, EFFECT, APPLICATION, INTER-
PRETATION AND EXECUTION OF THE LAWS IN GENERAL.
(Article 17 § 15.)

SPECIAL PROVISIONS.

§ 1.-Afirmation by Quakers.

of swear.

5497. The persons commonly called Quakers, residing in Quakers may the Province, are not compellable to take oaths, but instead affirm instead thereof may make solemn affirmation in the same form and words in which an oath is directed to be administered, leaving out the word "swear," and inserting in the place thereof, "do solemnly, sincerely and truly declare and affirm." C. S. L. C., c. 34, s. 8.

§ 2.-Proof of being a Quaker.

proper certi

5498. No person, not publicly known to be of the people Person desircalled Quakers for some years before an affirmation is to be ing to affirm must produce administered to him in any court or before any justice of the peace or any person qualified to administer the same, shall be ficate that he is a Quaker. admitted to make any affirmation in manner aforesaid, unless it appears by a certificate from the quarterly meeting of the Quakers, for the place where such person resides, signed by six or more of the principal people of such meeting, that such per

son has been allowed as one of the people called Quakers, for the space of twelve months or upwards before he is to make such affirmation. C. S. L. C., c. 34, s. 10.

SECTION II.

PROVISIONS IN CONNECTION WITH TITLE SECOND OF BOOK FIRST.

Protestant churches and congrega

OF ACTS OF CIVIL STATUS.

(Articles 39 to 78.)

SPECIAL PROVISIONS.

§ 1.-Meaning of words "Protestant Churches and Congregations," in article 42.

5499. The Protestant churches or congregations referred to in article 42 of the Civil Code comprise all churches and tions defined. congregations in communion with the church of England or Scotland, and the several religious communities and denominations in the Province mentioned in the special acts concerning them, and the priests or ministers thereof, who may validly solemnize marriage, and may obtain and keep registers of civil status, subject to the provisions of the said acts with reference. to each of them respectively. C. S. L. C., c. 20, ss. 16 and 17.

Mode of au

such registers

$2.-Registers of Civil Status in a certain portion of the
Saguenay district.

5500. Every register of civil status, voluntarily kept in thenticating duplicate by any priest, missionary or minister of any religious of civil status. denomination, in that part of the district of Saguenay, east of the river Portneuf, including the Island of Anticosti and other islands, is subject, and the keeping thereof subjects the person keeping the same, to the requirements of articles 39, 40, 41, 42,. 43, 44, 46, 48, 49, 50, 52, and 53 of the Civil Code, and to articles 1236, 1237, 1239, 1240, and 1241 of the Code of Civil Procedure. 34 V., c. 8, ss. 1, 2 and 3.

Registers to

and initialed.

5501. Every duplicate register so voluntarily kept, before be numbered it is used, must, at the instance of the person keeping it, be presented to the prothonotary of the Superior Court at the city of Quebec, to be by such prothonotary numbered and initialed in the manner prescribed by the Code of Civil Procedure. c. 8, s. 3.

Duplicate to

within one

34 V.,.

5502. Within a delay of twelve months after the expiration be deposited of any year during which any such duplicate register shall have year with the been so voluntarily kept, the person who kept the same or who prothonotary. has charge thereof shall deposit, with the prothonotary of the Superior Court at Quebec, one of the said duplicates, delivery

of which is acknowledged by a receipt which the said prothonotary is bound to give free of charge. 34 V., c. 8, s. 4.

SECTION III.

PROVISIONS IN CONNECTION WITH CHAPTER SECOND OF TITLE TENTH OF

BOOK FIRST.

OF INTERDICTION.

(Article 325 and following.)

SALE OF INTOXICATING LIQUORS TO HABITUAL DRUNKARDS.

dicted for

5503. Whosoever wilfully sells or gives to, or procures Penalty for intoxicating liquors for, any person interdicted as an habitual sale or gift of intoxicating drunkard, shall incur, for each offence, a penalty of forty liquors to perdollars, recoverable by the curator, for and on behalf of the sons interfamily of the person interdicted, by summary proceedings within drunkenness. three calendar months from the commission of such offence before any justice of the peace of the district in which the offence How recov has been committed; and in default of payment of the said ered. penalty, together with the costs of suit, within the delay fixed by the justice of the peace, the offender shall be imprisoned, in the common gaol of the district in which he resides, for the space of three calendar months, unless the said penalty and costs, and the costs of imprisonment, and of the conveyance of the defendant to the gaol be sooner paid. 33 V., c. 26, s. 11.

SECTION IV.

PROVISIONS IN CONNECTION WITH CHAPTER SECOND OF TITLE ELEVENTH
OF BOOK FIRST.

OF THE RIGHTS, PRIVILEGES AND DISABILITIES OF CORPORATIONS.

(Article 365.)

PERSONS WHO ARE TUTORS BY LAW.

certain hos.

foundlings

5504. The commissioners appointed by the Lieutenant- CommisGovernor for superintending the Hotel - Dieu at Quebec, the sioners of General Hospital of the Grey Nuns at Montreal, the General pitals to be tu-Hospital at Quebec, or any institution receiving foundlings in tors to the the district of Three Rivers, and their successors in office, are received in the legal tutors of the foundlings in the institutions with their respecreference to which they have been respectively appointed, and tive instituhave such powers as they would have, if appointed to be such tutors in the ordinary course of law. C. S. L. C., c. 34, s. 6.

tions.

SECTION V.

PROVISIONS IN CONNECTION WITH TITLE FIRST OF BOOK SECOND.

OF PROPERTY, OF OWNERSHIP AND OF ITS DIFFERENT
MODIFICATIONS.

(Article 393.)

SEIGNIORIES.

§1.-Feudal Rights and Duties.

Since publication of no

tice of deposit of the schedule of a seigniory, all lands therein

to be held in

franc-alleu.

Consequence of such com

mutation of tenure.

The same.

Certain pow

ing land for mills to re

I. THEIR ABOLITION.

5505. Since the date of the publication in the Canada Gazette of a notice of the deposit of the schedule of any seigniory, the lands in the seigniories are held in franc-alleu roturier, free and clear of all cens, droit de banalité, droit de retrait and other feudal and seigniorial duties and charges whatever, except the constituted rent which is substituted for all seigniorial duties and charges.

2. Every seignior has since then held his domain and the unconceded lands in his seigniory, and all water-powers and real estate now belonging to him, in franc-alleu roturier.

Such property and the constituted rents payable to him by his censitaires, or by any seignior of whose fief or seigniory he is the seignior dominant, are held and enjoyed by him free and clear of all feudal dues or duties to the Crown or to any seignior dominant of whom his fief or seigniory is held; subject, however, both as regards such seignior and censitaire, to the provisions of this subsection.

3. The seignior as such is not subject to any onerous obligation towards his censitaires, or entitled to any honorary rights, nor is any land granted by any seignior to be held by any other tenure than franc-alleu roturier, or subject to any mutation fines or other feudal dues. C. S. L. C., c. 41, s. 30.

5506. The right which any seignior acquired by any legal ers as to tak- stipulation entered into before the eighteenth day of December, one thousand eight hundred and fifty-four, by any deed subsemain if made quent to the deed of concession, to take any land for the purpose of using the water-power adjoining the same and belonging to such seignior, on paying for such land the full value thereof and of all improvements thereon, remains in full force.

subsequent to deed of concession.

Owner of

land adjoin

2. If the seignior does not make use of the water-power so acquired, the owner of any land adjoining such water-power may demand the right to use such water-power from the demand it in seignior on paying him the full value of such right.

ing waterpower may

certain cases.

Arbitration.

Such value, if not agreed upon, is fixed by arbitrators, one of whom is named by the proprietor of the land, another by

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