prosecutions admissible in evidence against such person in any proceeding under this Act. No remedy at ty to be affect- under this Act. 12. Nothing in this Act contained, nor any proceeding, conviction or judgment to be had or taken thereon against any person under this Act, shall prevent, lessen or impeach any remedy at law or in equity which any party aggrieved by any offence against this Act might have had, if this Act had not been passed; but no conviction of any such offender shall be received in evidence in any action at law or suit in Equity dence in civil against him; and nothing in this Act contained shall affect or prejudice any agreement entered into or security given by any trustee, having for its object the restoration or repayment of any trust property misappropriated. Convictions not to be re ceived in evi suits. Sanction of site to certain 13. No proceeding or prosecution for any offence included Attorney Ge- in the first section, but not included in any other section of neral requi- this Act, shall be commenced without the sanction of Her prosecutions; Majesty's Attorney General, for Upper or for Lower Canada, as the case may be, or in case that office be vacant, of Her Majesty's Solicitor General for Upper or for Lower Canada, as the case may be; Provided that when any civil proceeding tion of a Judge shall have been taken against any person to whom the provisions of the said first section, but not of any other section of this Act, may apply, no person who shall have taken such civil proceeding shall commence any prosecution under this Act without the sanction of the Court or Judge before whom such civil proceeding shall have been had, or shall be pending. Or the sanc in certain cases. If offence amounts to larceny, of 14. If upon the trial of any person under this Act it shall appear that the offence proved amounts to larceny, he shall not by reason thereof be entitled to be acquitted of a misdemeanor fender not to be acquitted of under this Act. misdemeanor. Misdemeanors 15. No misdemeanor against this Act shall be prosecuted not triable at or tried at any Court of General or Quarter Sessions of the Peace. sessions. Interpretation of certain terms; Trustee. Court of Law. 16. The word "Trustee " shall in this Act mean a Trustee on some express trust created by some deed, will, commission, letters patent, appointment to office, or instrument in writing, and shall also include the heir and personal representative of such Trustee, and also all executors and administrators, and all assignees in Bankruptcy and Insolvency, under any Act of this Province now or hereafter to be in force; and in Lower Canada, the word "Trustee" shall also include any person who is, by the law of that Section of the Province, an "Administrateur," and the word "Trust" whatever is by such law "Administration.” an The expression "Court of Law" shall include any Court having civil jurisdiction in Lower Canada. The The word "Property" shall include every description of Property. real and personal property, goods, raw or other materials, money, debts and legacies, and all deeds and instruments relating to or evidencing the title or right to any property, or giving a right to recover or receive any money or goods; and such word "Property," shall also denote and include not only such real or personal property as may have been the original subject of a trust, but also any real or personal property into which the same may have been converted or exchanged, and the proceeds thereof respectively, and any thing acquired by such proceeds. CAP. III. An Act to amend the law relating to Emigrants. [Assented to 30th June, 1858.] HEREAS it is expedient to amend the law relating to Preamble. advice and consent of the Legislative Council and Assembly 1. So much of the Act passed in the sixteenth year of Her Act 16 V. c. Majesty's reign, intituled, An Act to amend and consolidate 86, amended, the laws relative to Emigrants and Quarantine, as provides for and uniform duty of 5s. a less rate or duty for Passengers or Emigrants between the imposed on ages of one and fourteen years than for adult Passengers or certain EmiEmigrants shall be, and the same is hereby, repealed; and grants. from henceforth a uniform rate or duty of five shillings currency shall be raised, levied, collected and paid, as provided for by the said Act, for every Passenger or Emigrant over the age of one year who shall have embarked with sanction, as therein mentioned; and all the provisions of the said Act, in any way relating to the rate or duty of five shillings currency for every adult Passenger or Emigrant, and three shillings and nine pence for every Passenger or Emigrant between the ages of one and fourteen years, who shall have embarked with such sanction, shall hereafter apply to the said uniform rate or duty of five shillings currency, for every Passenger or Emigrant over the age of one year who shall have embarked with such sanction. Seaman of 2. And for the purpose of securing to Foreign Emigrants Penalty on coming to this Province the observance towards them during Master or the voyage of the laws of the Country from which they are vessel for nonconveyed hither, if during the voyage of any Ship carrying observance Passengers or Emigrants from any Port not within the United towards EmiKingdom to either of the Ports of Quebec or Montreal, the of their coungrants of laws Master, or any of the crew of such Ship, shall be guilty of any try, or the infraction of the laws in force in the Country in which such conditions of Port is situated, regarding the duties of such Master or crew their passage towards contract for Proof of law of made. towards the Passengers in such Ship, or if any Master of any such ship shall during such voyage commit any breach whatever of the contract for the passage which may have been made with any Passenger or Emigrant by such Master, or by the Owner or Charterer of such ship, or any person acting on his behalf, such Master or such one of the crew shall for any such offence be liable to a penalty of not less than twenty dollars, nor more than one hundred dollars, independently of any remedy which the party complaining may otherwise have by law. 3. Proof under this Act of the law of a Foreign Country foreign coun- may be made by the testimony of any Consul for the Country try, how to be from which the ship may have sailed; and the proof of the contract for his passage made by any such Emigrant in any such ship, sailing from any European Port not within the United Kingdom, may be made in all cases by the evidence of the parties to such contract. Bond required by sect. 12 of 16 V. c. 86, may be dis pensed with in certain cases. Provisions for reconveyance to place of embarkation of certain Emi grant passen become chargeable, after bond given, &c., under 12th sect. of 16 V. c. 86. 4. It shall be lawful for the Collector of Customs at the Port of Quebec, or at the Port of Montreal, as the case may be, to dispense with the Bond, or money in lieu thereof, by the twelfth section of the said Act required, if it shall appear by the certificate of the Medical Superintendent at the Quarantine Establishment (which certificate the said Medical Superintendent is hereby authorized to give) that the passenger with respect to whom such bond or money is required, has become lunatic, idiotic, deaf and dumb, blind or infirm, from some cause not existing or discernible at the time of the departure of the ship from the port where such Passenger embarked. 5. It shall be lawful for the Chief Agent for Emigration at Quebec (with the sanction of the Governor in Council,) to make arrangements with the Master, Owner or Charterer of the vessel carrying the lunatic, idiotic, deaf and dumb, blind or infirm person with respect to whom, in accordance with the provisions of the said Act, a Bond has been given, or money paid in lieu thereof, or with the Master, Owner or Charterer of any other vessel, for the reconveyance of such person to the port from which he was carried to this Province; and money paid in lieu of or on breach of the condition of a Bond in any such case, or so much thereof as shall be necessary, may be applied to pay for the reconveyance as aforesaid of the person with respect to whom it has been paid, and when such person shall have been so reconveyed, the Bond so given may be cancelled, or the money paid in lieu thereof (deducting the passage money if any) may be returned, on the receipt by the said Chief Agent for Emigration at Quebec, of a certificate of the safe arrival of the lunatic, idiotic, deaf and dumb, blind or infirm person at the port from which he was brought as aforesaid, under the hand of the Chief Emigration Officer or British Consul there, or on proof satisfactory to such Chief Agent for Emigration Emigration of his having died during the voyage without any fault attaching to the Owner, Master or any of the Crew of such vessel. keeper in a license. 6. No person shall, within the Ports of Quebec or Montreal, No person to or within five miles from the outer boundaries thereof, for hire, act as agent reward, or gain, or the expectation thereof, conduct, solicit, for any Steaminfluence or recommend any Emigrant to or on behalf of any way Company Steamboat Owner or Charterer, or to or on behalf of any Rail- or Tavernway Company, or to or on behalf of any Lodging-House or booking EmiTavern-Keeper for any purpose connected with the preparations grant passenor arrangements of such Emigrant for his passage to his final gers, without place of destination in this Province, or in the United States of America, or the Territories thereof, or give or pretend to give to such Emigrant any information or assistance in any way relating to such passage to his said place of destination, or in any way exercise the vocation of booking passengers or taking money for their inland fare or for the transportation of their luggage, unless such person shall have first obtained a license from the Mayor of the City or Municipality in this Province, within which such person may reside, authorizing him to act in such capacity, and which license such Mayor is hereby How only authorized to grant on such person producing a recommenda- such license tion from Her Majesty's Chief Agent for Emigration, or from may be obthe Government Emigration Agent at the place where the license may be granted, to the effect that he is a proper person to receive such license, and giving a satisfactory bond to such Mayor, with two sufficient sureties, in the penal sum of three hundred dollars, as security for his good behaviour; which said license shall not be for any period longer than one year from its date; and such person shall pay for such license to the Corporation of such City or Municipality such sum, not exceeding one hundred dollars, as the Mayor and Council shall determine. tained. ceiving Emi of rates of 7. Every keeper of a Tavern, Hotel or Boarding-House in Keepers of a City, or in any Town, Village or place to which the Governor Taverns, Hoin Council shall by Proclamation published in the Official Ga- tels, &c, rezette, declare that this section shall extend, who shall receive grants, to post into his house, as a Boarder or Lodger, any Emigrant within therein, lists three months from his arrival in this Province, shall cause to charges, on be kept conspicuously posted in the public rooms and passages printed cards. of his house and printed upon business cards, a list of the rates of prices which will be charged Emigrants per day and week for board or lodging, or both, and also the rates for separate meals, which card shall contain the name of the keeper of such house, together with the name of the Street in which it is situated and its number in such Street; And every keeper of any such Tavern, Hotel or Boarding-House, who shall neglect or refuse to post a list of rates, or to keep business cards, or who shall charge or receive or permit or suffer to be charged or received for boarding or lodging, or for meals in his house, any sum in Penalty for default. Proviso: lien excess of the rates of prices so posted and printed on such business cards, or shall omit immediately on any Emigrant entering such house as a boarder or lodger for the purpose of taking any meal therein, to deliver to such Emigrant one of such printed business cards, shall, upon conviction of any of the said offences, be deprived of his license, and incur a penalty of not less than five dollars, nor more than twenty dollars: Provided always, that no such Boarding-House Keeper, Hotel Keeper, or Tavern Keeper shall have any lien on the effects of effects of Emi- such Emigrant for any amount claimed for such board or grants limit- lodging, for any sum exceeding five dollars; and any such person who shall detain the effects of any Emigrant after he shall have been tendered the said sum of five dollars, or such less sum as shall be actually due for board or lodging, shall on conviction thereof, incur a penalty of not less than five dollars, nor more than twenty dollars, over and above the value of the effects so detained, if not immediately restored, and a search warrant may be issued for the same. of Hotel keepers, &c., on ed. Penalty. Prosecutions Proviso: Magistrate may 8. All prosecutions for penalties under this Act may be for penalties brought at the place where the offender may then be, before any Magistrate having jurisdiction in such place, at the suit of any Agent for Emigration in the employ, in this Province, of Her Majesty, and the penalties to be recovered under this Act shall be paid to the Emigration Fund; Provided that the Magistrate before whom the same is recovered shall have the power, in his discretion, of awarding any part of the penalty to the party aggrieved by the infraction of law or breach of contract complained of, and such Magistrate may award costs against the offending parties, as in the ordinary cases of summary proceedings, and such Magistrate is also empowered to award imprisonment for a period not exceeding three months to terminate on payment of any penalty incurred under this Act. award costs. Or impri sonment in certain cases. Commence 9. This Act shall take effect on the first day of January ment of Act. next, and not before. Preamble. Sect. 16 of Act CAP. IV. An Act further to amend the Railway Clauses Consolidation Act. WH [Assented to 30th June, 1858.] HEREAS it is expedient further to amend the Railway Clauses Consolidation Act: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: 1. The sixteenth section of the said Railway Clauses Consoli14, 15 V. c. 51, dation Act shall be, and the same is hereby, amended by adding to the words "Eighthly. No person holding any office, place or emolument in, or being concerned or interested in any contracts amended: as to Contrac tors. under |