STATUTES OF THE PROVINCE OF CANADA PASSED IN THE TWENTY-SECOND YEAR OF THE REIGN OF HER MAJESTY QUEEN VICTORIA AND IN THE FIRST SESSION OF THE SIXTH PARLIAMENT Begun and holden at Toronto on the Twenty-Sixth of February, in the year HIS EXCELLENCY SIR EDMUND WALKER HEAD, BARONET, GOVERNOR GENERAL. TORONTO: PRINTED BY STEWART DERBISHIRE AND GEORGE DESBARATS, Anno Domini, 1858. ANNO VICESIMO-SECUNDO VICTORIÆ REGINE. CAP. I. An Act to amend the Naturalization Laws of this [Assented to 30th June, 1858.] THEREAS it is expedient further to amend the Natu- Preamble. ralization Laws of this Province, and further to shorten the period of continued residence required by the Act passed in the twelfth year of Her Majesty's reign, intituled, An Act 12 V. c. 197. to repeal a certain Act therein mentioned, and to make better provision for the Naturalization of Aliens: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: dence under 1. The Act cited in the preamble to this Act shall be so Required amended as to reduce the term of continued residence required term of resiby the fourth section thereof to three years or upwards, sect. 4, reinstead of seven years or upwards; and the words of the oath duced to three required to be taken under section five of the said Act, or in years. any certificate or other proceeding, shall be varied accordingly. 2. The Act passed in the eighteenth year of Her Majesty's 18 V. c. 6, rereign, chapter six, intituled, An Act to amend the Natu- pealed. ralization Laws of this Province, shall be and is hereby repealed; Provided always, that the repeal of the said Act Proviso: savshall not affect the naturalization of any person naturalized ing rights acunder it, or any right of any person acquired under and in virtue thereof, but all rights so acquired shall be possessed and enjoyed as if the said Act had not been repealed. quired. CAP. II. Preamble. Trustees frau An Act to make better provision for the punishment of frauds committed by Trustees, Bankers and other. persons intrusted with property. [Assented to 30th June, 1858.] HEREAS it is expedient to make better provision for the punishment of frauds committed by trustees, bankand other persons intrusted with property: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: ers, 1. If any person being a trustee of any property for the benedulently dis- fit, either wholly or partially, of some other person, or for any posing of property, guilty public or charitable purpose, shall, with intent to defraud, convert or appropriate the same, or any part thereof, to or for his own use or purposes, or shall, with intent as aforesaid, otherwise dispose of or destroy such property or any part thereof, he shall be guilty of a misdemeanor. of a misde meanor. Bankers, &c., fraudulently selling, &c., property intrusted to their care, 2. If any person, being a banker, merchant, broker, attorney or agent, and being intrusted for safe custody with the property of any other person, shall, with intent to defraud, sell, negotiate, transfer, pledge, or in any manner convert or approguilty of mis- priate to or for his own use such property, or any part thereof, he shall be guilty of a misdemeanor. demeanor. Persons hold 3. If any person intrusted with any power of attorney for ing powers of the sale or transfer of any property, shall fraudulently sell or Attorney transfer, or otherwise convert such property or any part thereof to his own use or benefit, he, shall be guilty of a misdemeanor. fraudulently selling property, guilty of a misde meanor. Bailees frau 4. If any person, being a bailee of any property, shall fraudulently take or convert the same to his own use, or the dulently con- use of any person other than the owner thereof, although he verting pro- shall not break bulk, or otherwise determine the bailment, he perty to their shall be guilty of larceny. own use, guilty of larceny. of any body corporate or public Company, fraudu 5. If any person, being a director, member, or public officer Directors, &c., of any body corporate or public company, shall fraudulently take or apply, for his own use, any of the money or other property of such body corporate or public company, he shall be lently appro- guilty of a misdemeanor. priating property, Or keeping fraudulent accounts, 6. If any person, being a director, public officer, or manager of any body corporate or public company, shall as such receive or possess himself of any of the money or other property of such body corporate or public company, otherwise than in payment of a just debt or demand, and shall, with intent to defraud, omit to make or to cause or direct to be made, a full and true entry therof, in the books and accounts of such body corporate or public company, he shall be guilty of a misdemeanor. books, &c., 7. If any director, manager, public officer, or member Or wilfully of any body corporate or public company shall, with the in- destroying tent to defraud, destroy, alter, mutilate or falsify, any of the books, papers, writings or securities belonging to the body corporate or public company, of which he is a director or manager, public officer or member, or make, or concur in the making of any false entry, or any material omission in any book of account or other document, he shall be guilty of a misdemeanor. statements,-- 8. If any director, manager, or public officer of any body Or publishing corporate or public company shall make, circulate or publish, fraudulent or concur in making, circulating or publishing, any written statement or account which he shall know to be false in any material particular, with intent to deceive or defraud any member, shareholder, or creditor of such body corporate or public company, or with intent to induce any person to become a shareholder or partner therein, or to intrust or advance any money or property to such body corporate or public company, or to enter into any security for the benefit thereof, he Guilty of misshall be guilty of a misdemeanor. demeanor. perty fraudu 9. If any person shall receive any chattel, money, or valu- Persons reable security, which shall have been so fraudulently disposed ceiving proof as to render the party disposing thereof guilty of a misde- lently dismeanor under any of the provisions of this Act, knowing the posed of knowsame to have been so fraudulently disposed of, he shall be guilty ing it to have been so, guilof a misdemeanor, and may be indicted and convicted thereof, ty of a misdewhether the party guilty of the principal misdemeanor shall or meanor. shall not have been previously convicted, or shall or shall not be amenable to justice. meanor under 10. Every person found guilty of a misdemeanor under this Punishment Act, shall be liable, at the discretion of the Court, to be impri- for a misdesoned in the Provincial Penitentiary for any term not ex- this Act. ceeding three years nor less than two years, or to suffer such other punishment, by imprisonment for any term less than two years and with or without hard labour, or by fine, as the Court shall award. 11. Nothing in this Act contained shall enable or entitle No person any person to refuse to make a full and complete discovery by exempt from answer to any Bill in Equity, or to answer any question or questions in answering interrogatory in any civil proceeding in any Court of Law or any Court, Equity, or in any Court of Bankruptcy or Insolvency, now in but his anexistence or hereafter to be established in this Province; but missible as no answer to any such bill, question or interrogatory shall be evidence in admissible swer not ad |