part of the said Act, which is hereby declared valid and effectual to all intents and purposes and shall be construed and have effect as if the said words and proviso (which formed no part of the Bill as it was really passed by the Legislative Assembly) had not been left in the said Bill when it was passed by the Legislative Council and assented to by the Governor General in Her Majesty's name: Provided always, that nothing herein rights of bond contained shall impair or affect the rights of the bond fide holders fide holders of (if there be such) of any of the sterling bonds mentioned in the said proviso to the said ninth section, and which may have been issued for money borrowed under the said proviso since the passing of the said Act, and before the passing of this Act; but so many of the said bonds as shall not have been so issued at the time of the passing of this Act, shall be forthwith cancelled, or if issued hereafter, shall be void and of no effect. Proviso: bonds issued under the said Proviso. Public Act. Preamble. Capital of the Company may be increased by £20,000. Public Act. II. This Act shall be a Public Act. CAP. IX. An Act to increase the Capital Stock of the Port Darlington Harbour Company. W [Assented to 21st April, 1856.] HEREAS the President and Directors of the Port Darlington Harbour Company have by Petition set forth, that in consequence of the immense increase of business at the Port Darlington Harbour, it is now necessary that large improvements should be made in enlarging the Harbour, and in making additions to the moles, piers, wharves, buildings and erections now pertaining thereto, and that for such purpose it is necessary that the Capital Stock of the said Company should be increased by Twenty Thousand Pounds: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: I. The Capital Stock of the Port Darlington Harbour Company, incorporated by an Act of the Legislature of Upper Canada, passed in the seventh year of the Reign of King William the Fourth, shall be increased by the sum of Twenty Thousand Pounds, and the new stock may be issued as the Directors may find it necessary, and shall be paid in according to the provisions of the original Act of Incorporation of the said Company. II. This Act shall be deemed a Public Act. САР. САР. Х. An Act to amend the Acts imposing Duties of W [Assented to 16th May, 1856.] HEREAS it is expedient to impose the several Duties of Preamble. Customs hereinafter mentioned, and with that view to repeal the Duties now imposed on the same articles: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: mentioned in I. All Duties of Customs inwards now imposed on the Present duties goods, wares, merchandize and articles mentioned or included on articles in the Schedule to this Act, shall be and are hereby repealed, the Schedule and instead thereof, there shall be raised, levied, collected and repealed. paid unto Her Majesty, Her Heirs and Successors, upon the said goods, wares, merchandize and articles mentioned or included in the said Schedule, when imported into this Province or taken out of warehouse for consumption therein, the several Duties of Customs respectively inscribed, inserted and set forth in the said Schedule to this Act; and the articles therein directed to be admitted Free, shall be exempt from all Duties of Customs inwards. II. This Act shall be construed as one Act with the Act Interpretation passed in the Session held in the tenth and eleventh years of Her Majesty's Reign, and intituled, An Act for repealing and 10 & 11 V. consolidating the present Duties of Customs in this Province, c. 31. and for other purposes therein mentioned, and the Act passed in the twelfth year of Her Majesty's Reign, and intituled, An Act 12 V. c. 1. to amend the law relative to Duties of Customs; and all words and expressions used in this Act shall have the meaning assigned to them in the said Acts, and all the provisions of the said Acts with regard to the Duties imposed by them, or the regulations to be made under them, shall apply to the Duties imposed by this Act and the regulations to be made under it, except in so far as may be inconsistent with this Act: and alĺ provisions of the said Acts, or of any other Act or law, inconsistent with this Act, are hereby repealed. III. The foregoing enactments shall take effect upon, from Commenceand after the fifth day of July, one thousand eight hundred and ment of Act. fifty-six, and not before. SCHEDULE. SCHEDULE. TABLE OF DUTIES OF CUSTOMS INWARDS. Articles. All Articles which immediately before the coming into force of this Act were subject to a Duty of 12 per cent. and not hereinafter specifically excepted or charged with any other duty, for every £100 value.... Duty Currency. £ 8. d. 15 0 0 .... 20 0 0 Leather Manufactures and India Rubber Manufac- Snuff, the lb..... Manufactured Tobacco, the lb... of any strength not exceeding the strength of Brandy, the gallon.. Cordials, the gallon... Gin and other Spirits and Strong Waters not being Rum, Brandy or Whiskey, the gallon. Rum, the gallon.... Whiskey, the gallon............. ... Wine, in wood, not exceeding in value £10 per pipe (of 126 gallons), the gallon..... 500 030 006 0 0 21 040 0 5 0 036 0 2 3 0 0 7 010 Over £10, and not exceeding £15 in value per pipe, the gallon.... 016 Over £15 in value per pipe, the gallon. 020 In quart bottles, on Wine not exceeding 20s. in value per dozen, the dozen bottles... 0 7 6 0 10 0 Over 20s., and not exceeding 40s. in value per Over 40s. in value per dozen, the dozen bottles.... Vermicelli, the lb.... Vinegar, the gallon.. Tea, the lb...... 0011 Brooms, the dozen.. Mustard, Cloves, Cassia and Cinnamon, the lb.... Raw Sugar and all Sugar of any kind not equal in quality to any of those above mentioned, the cwt Rice.... ... 0 10 0 076 An Act for the punishment of the Officers and Servants of Railway Companies contravening the By-laws of such Companies, to the danger of person and property. [Assented to 16th May, 1856.] HEREAS it is necessary to adopt means for preventing, Preamble. as far as possible, the great risk and damage to life and property which frequently arise from the non-observance by the officers and servants of Railway Companies of the By-laws and Regulations made for their guidance: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: travening By or property. I. If any officer or servant of, or person employed by, any Punishment of Railway Company, shall wilfully or negligently contravene any Officers or By-law or Regulation of such Company lawfully made and in Servants, conforce, and of which a copy shall have been delivered to him, laws, to the or shall have been posted up or open to his inspection in some injury or dan place where his work or his duties, or any of them, are to be ger of persons performed, then if such contravention shall cause injury to any property or to any person, or shall expose any property or any person to the risk of injury, or render such risk greater than it would have been without such contravention, although no actual injury shall occur, such contravention shall be a misdemeanor, and the person convicted thereof shall be liable, in And if such the discretion of the Court before whom the conviction shall be had, and according as such Court shall consider the offence proved to be more or less grave, or the injury or risk of injury to person or property to be more or less great, to be punished by fine or imprisonment, or both, so as no such fine shall exceed one hundred pounds, nor any such imprisonment the term of five years and such imprisonment, if for two years or upwards, shall be in the Provincial Penitentiary. And if such contravention shall not cause injury to any procontravention perty or person, nor expose any person or property to the risk does not cause of injury, nor make such risk greater than it would have been such injury or without such contravention, then the officer, servant or other danger. ties for con travention of By-laws. person guilty thereof, shall thereby incur a penalty not exceeding the amount of thirty days' pay, nor less than fifteen days' pay of the offender from the Company, in the discretion of the Justice of the Peace before whom the conviction shall be had; and such penalty shall be recoverable with costs before any one Justice of the Peace having jurisdiction where the offence shall have been committed, or where the offender shall be found, on the oath of one credible witness other than the informer; and one moiety of such penalty shall belong to Her Majesty for the public uses of the Province, and the other moiety to the informer, unless he be an officer or servant of, or person in the employ of, the Company, in which case he shall be a competent witness and the whole penalty shall belong to Her Majesty for the uses aforesaid; and the Company may in all cases under this Act pay the amount of the penalty and costs, and recover the same from the offender or deduct it from his salary or pay. Company may II. It shall be lawful for any Railway Company by any By impose penal- law to be hereafter made, to impose upon any officer or servant, or person employed by the Company, a forfeiture to the Company of not less than thirty days' pay of such officer or servant, for any contravention of such By-law, and to retain any such forfeiture out of the salary or wages of the offender; provided he shall, before such contravention, have had cognizance of such By-law, which may be proved by And deduct the proving the delivery of a copy thereof to him, or that he signed a copy thereof, or that a copy thereof was posted in some place offender's pay. where his work or his duties, or some of them, were to be same from performed; and such proof, with proof of the contravention, shall be a full answer and defence for the Company in any suit for the recovery from it of the amount so retained, and such forfeiture shall be over and above any penalty under the preceding section. CAP. |