CAP. XXI. An act to amend and consolidate the game laws, in this province. [Assented to 28th December, 1876.] co ER MAJESTY, by and with the advice and consent of the Legislature of Quebec, enacts as follows: 1. No elk, moose, caribou, deer, or their fawn, or hare Elk, moose, shall be hunted, taken or killed between the first day of caribou, deer February and the first day of September in any year. · or hare. 2. No grouse, ptarmigan, partridge, woodcock or snipe Gronse, ptarshall be shot at, hunted, taken or killed between the first migan, partday of March and the first day of September in any year. cock, snipe. ridge, wood wild duck, 3. No person shall fire at, hunt, take, kill or destroy Wild swan, any wild swan, wild goose, or any kind of wild duck, wild goose, sea duck, widgeon or teal, between the first day of widgeon, May and the first day of September, in any year, in that teal. part of the province west of the city of Three Rivers, nor between the fifteenth day of the month of May and the first day of the month of September in any year, to the east of that town. Nevertheless in that part of the province to the east Exception for of the place known as the "Brandy Pots," in the river food, in a cerSt. Lawrence, the inhabitants may between the fifteenth tain portion day of the month of May and the first day of September vince.. in each year, hunt, take or kill for food only, any of the animals mentioned in this section. of the pro 4. No woodcock, snipe, wild swan, wild goose, or wild Hunting wild. duck of any kind, or sea duck or teal shall at any time swan, etc. be shot at, hunted, taken or killed between one hour after sunset and one hour before sunrise. prohibited one hour after sunset, &c. 5. No animal or bird, named in the foregoing sections, Trapping cerexcept hares, shall be taken or killed at any time by tain birds prohibited. means of any rope, snare, spring, cage, net or trap of any kind. No engine shall be, at any time for such purpose placed, constructed, erected or set, either wholly or in part; and any person finding any engine so placed, constructed, erected or set, may take possession of or destroy the same. 6. No person shall at any time disturb, injure, gather or Egg of wild take the eggs of any species of wild fowl; and all vessels fowl. or boats employed in disturbing, gathering or taking the. Wild cat, martin, eggs of any species of wild fowl, may, as well as the eggs, be confiscated and sold. 7. No wild cat, martin or pekan shall be hunted, trapped or killed, between the fifteenth day of April and the pekan, mink. first day of November, and no mink between the fifteenth day of April and the fifteenth day of October, in each year. Otter. Beaver Musk-rat. Certain poisons or spring-guns prohibited. Game keepers 8. No person shall hunt, trap or kill : 1. Any otter between the first of May and the first of October in each year; 2. Any beaver between the thirtieth of April and the first of September in each year; 3. No musk-rat between the first of June in each year and the first of April following, for the districts of Quebec, Saguenay, Chicoutimi, Montmagny, Kamouraska, Rimouski and Gaspé, and between the first of May of each year and the first of April following, for the remainder of the province. 9. No person shall at any time use or employ strychnine or other deleterious poison, either mineral or vegetable, nor any spring-gun, to hunt, take, kill or destroy any animal whatever. 10. Every game-keeper appointed by the commissioner to seize, etc.. of crown lands shall forthwith seize all animals or birds mentioned in the preceding sections, or any portion of such animals or birds, found by him in the possession or custody of any person during any forbidden period, and which appear to him to have been taken or killed during such period, or by any of the illegal means set forth in sections 5 and 9 of this act; and he shall bring them before any justice of the peace, who shall declare them Confiscation. confiscated either in whole or in part. Property of. All animals or birds, or portions of animals or birds so confiscated shall belong to the game-keeper. Certain birds or animals, 11. No person shall have in his possession, custody not to be had or care, any animal or bird already mentioned, or any in possession. part of such animal or bird, with the exception of the skin, during the period in which by the act the killing thereof is prohibited, or which appears to have been 'taken or killed by any of the means forbidden by this act; but every such animal or bird, or any portion or portions thereof, may be bought or sold, (when lawfully taken), during fourteen days, to be computed from the expiration of the various periods respectively fixed by this act for the killing thereof. Sale permitted 14 days after prohibition. 12. Every such game-keeper may cause to be opened Powers of or may himself open, in case of refusal, any bag, parcel, game keeper. chest, box, trunk or other receptacle, in which he has reason to believe that game killed or taken during the close season, or peltries out of season, are hidden. 13. Every offence against any of the provisions of this Fine; recove act. shall be punishable by a fine not exceding fifty dollars 1. and recoverable summarily on information, or on summons only issued by a justice of the peace. Such justice of the peace, on the proof which shall be thereof made may impose the penalty, with costs, and such penalty shall belong to the informer. default of In default of immediate payment, the offender shall Imprisonbe imprisoned in the common gaol of the district with- ment in in the limits of which the offence was committed, for payment. any period of time not exceeding three months. Every magistrate shall have power to convict on view. Convic ion on view. 11. Suits brought in virtue of this act need not be be. Information gun by deposition or information on oath of the plain- on oath, not required. tiff or complainant, provided always that the purport of the complaint or demand is sufficiently set forth in the writ or in a declaration annexed thereto. The evidence of the complainant alone, or of any one Proof. witness, shall be sufficient to support a conviction. to be allowed. 15. No proceeding under this act shall be quashed, Certiorari not annulled or set aside by certiorari; but an appeal may be brought before the circuit court of the district in which circuit court: the offence took place, in the same manner as appeals under the municipal code. of suits. 16. No prosecution shall be brought after twelve Prescription calendar months from the day of the committing of the offence charged. C. C..L. 17. The commissioner of crown lands may appoint Officers to be officers to superintend the execution of this act, and of appointed by any other act which may be hereafter passed respecting game in this province. 18. The commissioner of crown lands or any person Permit to hunt during. by him thereunto empowered, may grant written permis- close season. sions to all persons, desirous bona fide of procuring birds, eggs or fur-bearing animals, for scientific purposes, during the close season; and the person who shall have obtained such permission shall not be liable to any penalty imposed by this act, provided that he produce, within two months next after the period in which he shall have hunted. under such permission, a statement under oath specifying Acts repealed. Act in force. the kind and quantity of game or für-bearing animals, taken by him for such scientific objects. . 19. All acts and parts of acts respecting game in this province are repealed. 20. This act shall come into force immediately after the sanction thereof. Interpretation: "Schools, "Common САР. ХХІІ. An act to further amend the laws concerning Public [Assented to 28th December, 1876.] HER MAJESTY, by and with the advice and consent of the Legislature of Quebec, enacts as follows: 1. The expressions" Schools,"" Common Schools " or "Public Schools" used in Chapter 15 of the Consolidated Statutes for Lower Canada, and in each and every the Schools," Pu- Acts amending the same, always included and designated blic Schools." and include and designate Dissentient Schools, Elementary Schools, Model Schools, Academies and every School whatever kept under the control of School Commissioners or Trustees of Dissentient Schools. "Superinten 66 2. The expressions" Superintendent of Education" or dent of Edu- Superintendent," used in the said chapter 15 of the Concation," "Superinten- solidated Statutes for Lower Canada, and the acts which dent:" amend the same, comprehend and designate the Superintendent of Public Instruction. 27 V., c. 11 repealed. Corporate 3. The Act of the heretofore Province of Canada, 27th Vict., Chapter 11, intituled: "An Act to facilitate and diminish the cost of the Collection of School Rates," is hereby repealed. 4. The Trustees of Dissentient Minorities, since they nanre of dis- have been constituted into a corporation, have formed, sentient minorities. now form and shall for the future continue to form a corporation under the name of "The Trustees of the Dissentient Minority of the Municipality of in the County of ," and as such may ɛue, and, be, sued, and generally perform all things that a body politic and corporate may and should perform for the purActs confi m- poses for which it is constituted; and all acts, laws, document, rolls or proceedings of whatever nature and kind Powers. ed. made, kept, adopted and followed by the said Trustees are declared good and valid, as if they had been made by the said corporation of Trustees; but the present section Proviso. shall not have the effect of invalidating judgments that may have been rendered against the same. 5. Section 10 of chapter 15 of the Consolidated Statutes C. S. L. C. c. for Lower Canada is repealed, and the following substi- 15, s. 10, retuted therefor : ries, etc placed. "10. The Lieutenant-Governor in Council may ordain Appropriathat from and out of the said Income Fund, a sum, not tion for city, parish libra exceeding two thousand dollars, may be placed apart and annually, or during a certain number of years, granted to assist and establish libraries in cities, towns, villages, parishes or townships, in School Municipalities in which suitable contributions have been raised by such School corporation or otherwise for that purpose, and such assistance shall be given in money or in books upon the conditions deemed requisite by the Lieutenant-Governor in council and the Municipalities and School Corporations in this Province may appropriate such portion of their revenues or such sum of money as they may deem expedient for that purpose, or issue such amount of debentures or bonds with the view of creating a fund for that purpose, and this, with the authority of the Superintendent; and such libraries shall be under the management, Management inspection and by-laws which the Catholic or Protestant of libraries. Committee, as the case may be, of the Council of Public Instruction shall from time to time prescribe, and these by-laws shall be published by the Superintendent in the Journal de l'Instruction Publique " and in the “Journal of Education." 66 6. Section 22 of Chapter 15 of the Consolidated Sta- c. s. L. c. c. tutes for Lower Canada is amended by adding thereto the 15, sec. 22 following sub-sections after the 9th sub-section. . amonded. "10. The costs shall be recovered by action at law in Recovery of the name of the Superintendent; and the certificate of costs. the Commissioner or Commissioners establishing the amount of these costs shall be sufficient proof of the debt up to the amount certified." restored; and "11. Every teacher whose diploma, certificate or brevet Revoked of capacity, shall have been revoked, and after the lapse diploma to be of two years from his dismissal, after having established to definitely anthe satisfaction of the Catholic or Protestant Committee of nulled. the Council of Public Instruction, as the case may be, that his conduct as a teacher, both as regards morals and temperance, has been satisfactory, and having obtained a certificate from the said Committee, and also upon proof that he has completely satisfied the judgment to which he was condemned, may continue the exercise of his |