CAP. CXIV. Preamble. Certain fish to at certain An Act for the protection of Fisheries in Lower Canada. [Assented to 30th May, 1855.] W HEREAS it is expedient to provide against the des truction of Salmon, Maskinongé and Trout Fisheries in Lower Canada, which would result from a continuance of the present practices of killing and taking those Fish during the spawning season, and with stake or barrier nets, and by the aid of artificial lights at night: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, as follows: I. It shall not be lawful to take or kill any Salmon, Maskibe killed only nongé or Trout, or to buy, sell, or possess any Salmon, Maskitimes in L. C. nongé or Trout taken or killed in any River, Lake or Stream in Lower Canada, between the first day of October in any year, and the first day of February following. They shall not be taken in certain ways. II. It shall not be lawful at any time to take or kill Salmon, Maskinongé or Trout in any River, Lake or Stream in Lower Canada, by means of stake nets or barrier nets, or any other self-acting machine, nor by the aid of torch-light or any other artificial light; Provided always, that during the months of favor of pro- June, July and August in every year, the Proprietors of Salmon Fisheries may take and kill Salmon by means of nets other than stake or barrier nets, and having meshes of at least two inches in diameter each. Proviso: in prietors of fisheries. Penalty for III. Every offender against any of the provisions of this Act, contravention. shall for each offence incur a penalty not exceeding two pounds ten shillings, currency. CAP. CXV. Preamble. An Act to amend the Act of last Session relative to the [Assented to 19th May, 1855.] WHEREAS it is expedient to extend the benefit of the first section of the Act passed in the last session of the 16 V. c. 130. Provincial Parliament, and intituled, An Act to declare valid the Articles of Clerkship of Law Students enregistered within a certain period after the delay granted by the Act to incorporate the the Bar of Lower Canada, and to amend the said Act, to Law Students whose Articles of Clerkship, having been passed after the coming into operation of the Act passed in the twelfth year of Her Majesty's Reign, and intituled, An Act to incorporate the 12 V. c. 46. Bar of Lower Canada, have not been enregistered in conformity with the provisions of the said last mentioned Act: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, as follows: admitted if I. It shall be lawful for the Council of any section of the Present StuBar of Lower Canada, to admit to practice as a Barrister, dents may be Advocate, Attorney, Solicitor and Proctor, any Law Student their Articles whose Articles of Clerkship have been executed before Notaries are registered or under private seal before the passing of the Act first above six months before their apcited, provided it shall appear to such Council, that such Law plication for Student has served a bona fide and continued Clerkship in admission. conformity with the provisions of the said Act to incorporate the Bar of Lower Canada, and that his Articles of Clerkship shall have been duly enregistered six months before his application to be admitted to practice. II. And whereas doubts have arisen respecting the interpre- Recital. tation of the twenty-sixth section of the Act secondly above Sect. 26 of 12 cited, in consequence of the difference between the English V. c. 46. and the French versions thereof; Be it enacted, that every Act to apply Law Student who shall have commenced his Clerkship before to Students the passing of this Act, may be admitted to practice, provided who have he shall in conformity with the said section have had his commenced Articles of Clerkship of his certificate of admission to Study, ship. enregistered within the time prescribed in and by the foregoing section; but every Student shall hereafter be required to Proviso as to enregister his Articles of Clerkship, and the time of his future Stu Clerkship shall only be reckoned from the day of such enregistration. their Clerk dents. CAP. CXVI. An Act to amend the Act for the encouragement of W [Assented to 19th May, 1855.] HEREAS the great number of Shareholders in Building Preamble. Societies often renders it difficult to obtain a meeting of one-third of such Shareholders; And whereas inconvenience arises from the manner in which such Societies are required to sue 12 V. c. 57. sue and be sued, and it is therefore expedient to amend the Act passed in the twelfth year of Her Majesty's Reign, intituled, An Act to encourage the establishment of Building Societies in Lower Canada: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, as follows: Part of sect. 7 I. So much of the seventh section of the said Act as provides repealed. that no rule shall be altered, rescinded or repealed, unless at a general meeting of the members of such Society, such meeting to consist of not less than one third of the Shareholders,-shall be and is hereby repealed. How emended. any Rule II. Provided always, that if more than one half of the number of a Building of members of a Building Society shall sign a requisition callSociety may be repealed or ing a general meeting of the Shareholders, and recommending a modification, rescision or repeal of the rules of the said Society, and specifying the terms thereof, the said meeting, without limitation as to the number of Shareholders present, shall be and is hereby authorized to make and pass such modification, amendment, rescision or repeal. Societies may sue by the name taken in their decla ration under sect. 1 of 12 V. c. 57. Preamble. III. Notwithstanding any thing to the contrary in the said Act or in any other Act amending the same, and specially the twelfth section of the said Act, such Society shall hereafter sue and be sued by the name and style declared in and by the declaration mentioned in the first section of the said Act as that under which such Society shall be known. CAP. CXVII. An Act to repeal so much of any law in force in Lower Canada, as authorizes the sale of any property by the authority of justice on Sundays. W [Assented to 19th May, 1855.] HEREAS it is not right that the Lord's Day should be desecrated by the sale of property by auction under the authority of Justice: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same : That so much of the second section of the Act of the Part of sect. 2, Legislature of Lower Canada, passed in the forty-fifth year of of Act of L. the reign of King George the Third, and intituled, An Act to C., 45 G. 3, c. 10 repealed. prohibit the sale of goods, wares and merchandize, wine, spirits and other strong liquors, on Sundays, as provides that the said Act shall not extend or be construed to extend, to prevent selling at the Church doors of the Country Parishes on Sundays, the usufruit or produce of the estates of minors, absentees or persons that are interdicted, shall be and the same is hereby repealed; and it shall not be lawful to sell any goods, wares or No goods to merchandize or any property moveable or immoveable on Sunday under Sunday under the authority of any Court of Justice, in Lower authority of Canada, and any such Sale made on Sunday shall be void and Justice. of no effect. CAP. CXVIII. An Act to explain an Act intituled, An Act to amend and extend the law relative to the remedy by Replevin in Upper Canada. [Assented to 19th May, 1855.] be sold on HEREAS doubts have arisen whether by the provisions Preamble. of a certain Act of the Parliament of this Province, passed in the Session held in the fourteenth and fifteenth years of Her Majesty's Reign, intituled, An Act to amend and 14 & 15 V. extend the law relative to the remedy by Replevin in Upper Ca- c. 64. nada, when any goods and chattels or other personal property and effects in the said Act mentioned, have been seized and taken in execution or by attachment or otherwise under process from any Court of Record in Upper Canada, the same can be replevied and taken out of the hands and custody of the Sheriff or other Officer to whom the execution of such process of right belongs; And whereas it is expedient to remove such doubts : Be it therefore declared and enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby declared and enacted by the authority of the same, as follows: thorize the I. The said Act did not authorize, and shall not be construed The said Act to have authorized and permitted, or to authorize and permit does not authe replevying and taking out of the hands and custody of any replevin of Sheriff or other Officer, as aforesaid, any such goods and chat- goods seized tels which such Sheriff or other Officer shall have seized and under process taken Record. of a Court of taken and shall have in his lawful keeping, under and by virtue of any process whatsoever issued out of Her Majesty's Courts of Record in and for Upper Canada. Preamble. Trustees may to be fixed in bind their suc cessors to pay ments, &c. CAP. CXIX. An Act to authorize the Sale or Lease of Lands in Upper [Assented to 19th May, 1855.] HEREAS Grants of Land have frequently been made by the Crown to Trustees, and Lands have in many instances been acquired by purchase and by Donations from individuals for the use of various Congregations and Religious Bodies in Upper Canada, and such Congregations and Religious Bodies are unable to manage such Lands advantageously from the want of power to bind the Successors of any Trustees entering into agreements for leasing or otherwise disposing of such portions thereof as may not be immediately required for the use of the respective Congregations or Religious Bodies, and it is expedient to grant such power and authority: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same : I. That the Grantees named in any Letters Patent from the lease lands for Crown or the Survivors or Survivor of them, or the Trustees for 21 years, and make such the time being appointed in manner prescribed in such Letters leases renew- Patent, and the Trustees entitled by Law to hold any Lands in able on terms Trust for the use of any Congregation or Religious Body for a certain man- the time being, shall from and after the passing of this Act, ner; or may have full power and authority to demise or lease for any term not exceeding Twenty-one years, any Lands held by them in for improve- trust for the use and benefit of their respective Congregations or Religious Bodies or Societies, at such Rent and upon such terms as they or a majority of them shall deem reasonable and just, and that such Trustees shall have authority to execute such Leases as may be necessary for periods not exceeding Twenty-one years, and to enter into any Covenant or agreement therein, which shall bind their Successors for the renewal of any such Lease or Leases at the expiration of any or every term of Twenty-one years for a further period or term of Twenty-one years or lesser period, at such Rent and on such terms as may then by the Trustees for the time being be agreed upon with the Lessee, his Heirs or Assigns, or for the payment to the Lessee, his Heirs or Assigns, of the value of any Buildings |