Societies or

this Act, to

cease on 1st

of the said Counties shall not have subscribed the amount sufficient to entitle it to receive the whole of its share of the. grant, the other Society upon subscribing the necessary amount, shall be entitled to obtain the balance of the said grant.

VII. Societies organized before the passing of this Act, ganized before excepting those specially referred to in the third Section of this Act, shall cease to exist,, and shall provide for the final January 1857, settlement of their affairs, between the day of the passing of except those this Act and the first day of January, one thousand eight hundred and fifty-seven; Provided always, that nothing herein contained shall have the effect of preventing the new Societies to be established in virtue of this Act, from being so far organized during the interval, as to enable them to go into full operation upon the first day of January, eighteen hundred and fifty-seven.

in section 3. Proviso.

Provision as regards the present year 1856.

New Societies.

VIII. Every new Agricultural Society which shall be organized in virtue of this Act, previously to the first day of August next and which shall have subscribed the necessary amount, shall be entitled to the grant provided for by this Act, and any new County which contains the majority of the subscribers to any Agricultural Society, shall also be entitled to receive a similar grant, without proceeding to any new election of officers for the current year, and the officers previously elected, and residing in the said new County, shall continue to manage the affairs Proviso: as to of the Society until the first day of January next; Provided debts of form- always, that all debts now due by any former Agricultural Society, shall be paid by that Society within the limits of which the exhibitor who may have obtained the prize may reside.

er Societies.

Act 16 V. c.

IX. All sums of money subscribed or paid by any subscriber towards the funds of any Agricultural Society now formed, shall be held to have been subscribed and paid for the benefit of any Society to be formed under this Act, comprehending within its limits the residence or landed estate of such subscriber, and shall be applicable and paid by the Treasurer of the old Society to the Treasurer of the new Society; Provided always, that stich new Society shall be formed and go into operation on or before the first day of August next.

X. The several provisions, conditions and restrictions of the 18, to apply to said first mentioned Act respecting the formation of AgriculHorticultural tural Societies, are hereby made applicable to the formation of Societies,except, &c. Horticultural Societies, except in so far as relates to the authority to form more than one Agricultural Society in each County, and except also in so far as the same may be altered by this Act.

XI. In every case in which a Parish or Township or part or parts thereof heretofore comprised within the limits of a County entitled

1856. Agricultural Societies, L. C.-Amendt. Cap. 47, 48, 49.

tion.

217 entitled to form one or more Agricultural Societies, has or have to Towns for been attached for representation purposes to any Town in RepresentaLower Canada, and together with it forms an Electoral Division, such Electoral Division shall be deemed a County within the intent and meaning of this Act, and all the provisions thereof and of former Acts in force relating to agriculture in Lower Canada, shall apply to such Electoral Division; provided that Proviso. it shall not be entitled to more than one half of the amount of the public grant for a County.

CAP. XLVIII.

An Act for enabling all the Chartered Banks in this Province to enjoy a certain privilege therein mentioned.

[Assented to 19th June, 1856.]

THEREAS it is desirable that all Chartered Banks in this Preamble. Province should enjoy the privilege hereinafter mentioned: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows:

addition to

I. It shall be lawful for any Bank or Banking Institution carry- Bank may ing on business as such in this Province, either under a Royal retain per Charter, or in virtue of an Act of Incorporation passed by the centage in Legislature of this Province, or of either of the late Provinces of discount in Lower or Upper Canada, in discounting any note, bill, or other certain cases, to defray cost negotiable security or paper, bona fide payable at a place within of agency and this Province, different from that at which it is discounted, to exchange. receive and retain, in addition to the discount, an amount not exceeding one half per centum on the amount of such note, bill or other negotiable security or paper, to defray the expenses of agency and exchange attending the collection of such bill, note or other security or paper.

CAP. XLIX.

An Act for the suppression of Lotteries.

[Assented to 19th June, 1856.]

W

HEREAS it is desirable that the practice of selling lands, Preamble. goods and chattels by lot or chance be prohibited by

law, and any such sales declared void: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows:

1. If any person shall after the passing of this Act, make, Penalty for print, advertise or publish, or cause or procure to be made, making or publishing printed, advertised or published, any proposal, scheme, or plan, Lottery

for

schemes of any kind.

for advancing, lending, giving, selling, or in any way disposing of any property, either real or personal, by lots, cards, tickets, or any mode of chance whatever, or shall sell, barter, exchange, or otherwise dispose of, or cause or procure, or aid or assist, the sale, barter, exchange, or other disposal of, or offer for sale, barter or exchange, any lot, card, ticket, or other means or device, for advancing, lending, giving, selling, or otherwise disposing of any property, real or personal, by lots, tickets, or any mode of chance whatever, such person shall, upon conviction thereof, before any Mayor, Alderman, or other Justice of the Peace, upon the oath of any one or more credible witnesses, or upon confession thereof, forfeit and lose the sum of Five Pounds for each and every such offence, together with costs, to be levied How enforced by distress and sale of the offender's goods, by warrant under and applied. the hand and seal of any such Mayor, Alderman, or other Justice of the Peace, of the city, town, county or place where such offence shall be committed, which said forfeiture shall be applied half to the informer, and the other half shall be paid to the Treasurer or Chamberlain of the Municipality in which such offence shall be committed, and shall form part of the funds thereof.

Sales, gifts,

on Lotteries

to be void.

II. Any person buying, bartering, exchanging, taking or receiving any such lot, card, ticket, or other device as in the first section of this Act mentioned, shall, upon conviction thereof, in like manner as therein mentioned, forfeit and lose the sum of Five Pounds, for each offence, to be recovered and applied as aforesaid.

III. Any sale, loan, gift, barter or exchange of any real or &c., founded personal property, by any lottery, ticket, card, or other mode of chance whatever, depending upon, or to be determined by chance or lot, shall be void to all intents and purposes whatsoever, and all such real or personal property so sold, lent, given, bartered or exchanged, shall be forfeited to such person as shall sue for the same by action, bill or information in any Proviso as to Court of Record in this Province; Provided always, that no purchasers such forfeiture shall affect any right or title to such real or perwithout nosonal property acquired by any bona fide purchaser for valuable consideration without notice.

tice.

Committal for IV. If any person so convicted by any Mayor, Alderman, or non-payment other Justice as aforesaid, shall not have sufficient goods and of penalties. chattels whereon to levy the penalties authorized by this Act, or shall not immediately pay the said penalties, or give security for the same, such Mayor, Alderman, or other Justice, convicting such person, shall commit such person to the common Gaol of the County or District in which such offence was committed, for a period not exceeding three calendar months, or until such fine and costs are paid.

V. The provisions of this Act shall extend to the printing or Act to extend publishing, or causing to be printed or published, of any adver- to publication tisement, scheme, proposal or plan of any foreign lottery, and of foreign Lotto the sale, or offer for sale, of any ticket, chance, or share, in any such lottery, or to the advertisement for sale of such ticket, chance, or share.

tery schemes.

VI. The term "personal property" in this Act shall include Interpretation every description of money, chattel and valuable security, and clause. every kind of personal property whatever; and the term "real property "shall include every description of land, and all estates and interests therein.

VII. Any person convicted under this Act, shall have the Appeal from same right of appeal from the judgment of the convicting conviction unJustice, as in other cases of summary convictions, where an appeal is allowed by law.

der this Act.

VIII. Nothing in this Act contained shall prevent joint Act not to extenants, or tenants in common, or persons having joint interests, tend to boná fide division of droits indivis, in any real or personal property, from dividing such property by lot or chance in the same manner as if this in common. Act had not been passed.

property held

IX. This Act shall commence and take effect on the first day Act to comof January next.

CAP. L:

An Act to encourage Shipbuilding within this Pro

vince.

[Assented to 19th June, 1856.]

mence 1st

January, 1857.

HEREAS doubts have arisen as to the security of par- Preamble. ties advancing money on Ships in the progress of con

struction within this Province; And whereas the removal of the same would encourage the trade: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows:

as soon as the

I. So soon as the keel of a vessel shall be laid within this Vessel may be Province, the owner thereof may mortgage, hypothecate and hypothecated grant a privilege or lien on the said vessel to any person or keel is laid. persons contracting to advance money or goods for the completion thereof, and such mortgage, hypothecation and privilege shall apply and attach not only on and to that portion constructed at the time of the granting of the same, but also to and on the said vessel during her construction and afterwards, until the same shall be removed by payment or by the contracting parties; Provided always, that it shall not be lawful for such owner to Proviso: only grant more than one such mortgage, hypothecation and privi- one such hy lege, and all subsequent grants without the express consent of othee to be the first advancer or advancers shall be void.

valid.

Or the property of the

vessel may be assigned.

Effect of assignment.

Proviso:

Owner'saction

of account saved.

First advancer

may grant

Proviso.

II. It shall also be lawful for the said contracting parties to agree that such vessel whose keel shall be so laid as aforesaid, shall be the property of such party or parties advancing thereon as aforesaid, so that such advancer may obtain the register of the vessel and sell the same and grant a good and clear title therefor; and such agreement shall ipso facto transfer and vest, for the purposes aforesaid, and for the security of the said advances, not only the property of such portion of the vessel as shall be then constructed, but of the said vessel up to and after completion, and the said advancer shall give and grant the builder's certificate for the said vessel; Provided always, that nothing herein contained shall take away the right of the owner to his action of account, or such other remedy as the law affords him against the advancer.

III. It shall be lawful for the first advancer in like manner to hypothec, &c. mortgage, hypothecate and grant a privilege or lien, and to grant delivery as aforesaid, to any subsequent advancer, and so by one advancer to another; Provided always, that in such case the formalities required by this Act shall be followed, and not otherwise; And provided also, that the owner shall have his legal recourse against the first and subsequent advancer or advancers for an account jointly and severally.

Proviso.

Register to be

granted to par

ty producing the proper contract, &c.

IV. It shall be the duty of the proper officer to grant the register of such vessel to the advancer or his duly authorized agent producing an authentic copy of such contract, or the original when not passed before a Notary, with the certificate of registration endorsed thereon of the Registrar of the County or place where such vessel shall have been built; and in the event of more than one advancer, then to the advancer last in date duly registered as aforesaid; and such first or subsequent advancer, as the case may be, is hereby authorized and empowered to make and grant the builder's certificate; Provided always, that if the owner prono contract be duce a certificate that no such contract has been registered, he registered. shall receive the register and grant the builder's certificate.

Proviso: if

Contracts

must be registered, and where.

V. Every contract to be made under this Act, must be passed under this Act in due form before a Notary Public or in duplicate before two witnesses, and the said contract or a memorial thereof must be registered in the Registry Office of the County or place where the said vessel shall be so built; and such contract and the rights thereon shall only avail and accrue from the date of such registration; and unless such contract be so made and registered as aforesaid, this Act shall in no way enure to the benefit of the contracting parties, or any of them.

Form of Memorial for Registration, and proof thereof.

VI. Every memorial to be registered as aforesaid shall be in writing under the hand of the advancer and attested by two witnesses, and shall contain a description of the vessel, with the designation of the ship-yard or place where she has been or is being built, the amount in money or goods to be advanced, with

the