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 bond droits indivis, in any real or personal property, from dividing property held fide division of such property by lot or chance in the same manner as if this in common. Act had not been passed. 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. W [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 grant more than one such mortgage, hypothecation and privilege, and all subsequent grants without the express consent of other to be the first advancer or advancers shall be void. Proviso: only one such hy 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 party 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 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 must be registered, and witnesses, and the said contract or a memorial thereof must be where. 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 twq 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 the names and additions and residences of the contracting parties and of the witnesses, and the date of the contract, and where the same had been passed before a Notary, the name of the said Notary, and shall be presented and delivered to the Registrar or his Deputy at the office where the same is to be registered, and the same shall be acknowledged by the advancer or advancers by whom the same shall have been executed, or one of them, or shall be proved by one of the witnesses to the execution thereof, on oath before the said Registrar or his deputy, who is hereby empowered to administer the said oath; and together with every such memorial there shall be produced to the said Registrar or his Deputy the contract in writing of which such memorial is to be registered, or a Notarial copy thereof if the original be executed in Notarial Form and within the custody of a Notary, or such office copy as may have validity; and Effect of certhe said Registrar or his Deputy shall endorse and sign the tificate of reusual certificate of the registration thereof, and such certificate gistration. shall be taken as evidence of such Registry in all Courts of Law; Provided always, that any memorial to be registered as aforesaid which may be made at any place within this Pro- Proviso: as to vince not within the County wherein the keel of the said ves- Memorials not sel may lie, shall be entered and registered on the production the County and delivery to the Registrar of such County, or his Deputy, of where the an affidavit sworn before any one of the Judges of the Court of keel is laid. King's Bench or Queen's Bench, or of the Superior Court, or of the Common Pleas, by which the execution of such memorial shall be proved by one of the witnesses of the same or by the said advancer or advancers, or one of them; and any memorial to be registered which may be made or executed in Great Britain or Ireland, or in any of the Colonies or possessions belonging to the Crown of the United Kingdom, shall be entered and registered upon the production and delivery to the Registrar or his Deputy of an affidavit sworn before the Mayor or Chief Magistrate of any City, Borough or Town corporate in Great Britain or Ireland, or the Chief Justice or Judge of any Supreme Court of any such Colony or possession, by which the execution of such memorial shall be proved by the advancer or made within by any one of the witnesses to the same; and Registrars shall Fees for regischarge the same fees for such registration and certificates of tration, &c. search or other documents as in other cases; and shall keep a separate book therefor. party of any VII. This Act shall not deprive any party of any legal right, Act not to action, lien, privilege or hypothec, which by law he had at the deprive any time of making any such contract, nor up to the time of regis- lien, &c., the tration as aforesaid, nor deprive any person of his right to have may have at an account where by law he is entitled thereto. law. CAP. Preamble. 14 & 15 Y. c. 86, Amount of real property in towns, &c., 3,000 inhabi of more than tants. And in those having a smaller population. Preamble. 12 V. e. 45. Act extended CAP. LI. An Act to amend the Act for incorporating Library WHEREAS [Assented to 19th June, 1856.] HEREAS it is expedient to amend the second section of the Act passed in the session held in the fourteenth and fifteenth years of Her Majesty's Reign, and intituled, An Act for the incorporation and better management of Library Associa tions and Mechanics' Institutes, so as to enable such institutions in certain towns and villages to hold property to a larger amount than the sum therein limited: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: I. From and after the passing of this Act, it shall be lawful for any Library Association or Mechanics' Institute incorporated under the said Act, and situate in any village or town having three thousand inhabitants or more, to hold real property not exceeding in annual value the sum of five hundred pounds; and for any Library Association or Mechanics' Institute incorporated under the said Act, and situate in any town or city not having more than three thousand inhabitants, to hold real property not exceeding in annual value the sum of two hundred and fifty pounds; any thing in the said section to the contrary notwithstanding. CAP. LII. An Act to extend the provisions of the Act to facilitate actions against persons associated for commercial purposes, and against unincorporated Companies. [Assented to 19th June, 1856.] WHEREAS it is expedient to extend to certain Associations and Companies hereinafter described the provisions of the Act of the Parliament of this Province, passed in the twelfth year of Her Majesty's Reign, intituled, An Act to facilitate actions against persons associated for commercial purposes, and against unincorporated Companies: Therefore, Her. Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: I. All and every the provisions of the Act referred to in the to partnerships preamble of this Act, shall extend and be held and construed formed for cer- to extend to all persons associated in partnership for manufac tain purposes. turing purposes, or for mechanical purposes, or for purposes of construction of roads, dams, bridges or other buildings, or for purposes of colonization, or settlement or of land traffic. II. The word "Partnership " in the said Act, and in this Act, Interpretation shall include any unincorporated Society, Company or Asso- clause. ciation for any one or more of the above purposes; and the word "action" in the said Act, shall include any proceeding at Law to which any such Partnership shall be a party. III. This Act shall apply to Lower Canada only. CAP. LIII. The Seigniorial Amendment Act of 1856. [Assented to 19th June, 1856.] To apply only to L. C. THEREAS it is expedient to amend the Seigniorial Act of Preamble. 1854, and the Seigniorial Amendment Act of 1855, in order to facilitate the operation of the same: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: I. Whenever the rule prescribed by the second sub-section of The ten year the sixth section of the Seigniorial Act of 1854, for determining average rule to be dispensed the yearly value of any casual rights cannot be applied in any with in cases Seigniory, the Commissioner shall himself adopt some other to which it is equitable mode of estimating such yearly value. not applicable. II. The seventh sub-section of the sixth section of the said Sub-section 7 of section 6 Seigniorial Act of 1854, is hereby repealed. repealed. how to be es III. In estimating the casual rights of the Crown in the Casual rights several Seigniories in Lower Canada, the Commissioners shall of the Crown, establish the average yearly revenue of the Crown arising timated. from these rights throughout Lower Canada, and such average yearly revenue shall be taken as representing the interest at six per cent. of a capital sum to be apportioned among all the Seigniories liable to the payment of Quint, in proportion to their value; the amount apportioned to each Seigniory shall represent the rights of the Crown therein, and shall be deducted from the amount to be paid by the Censitaires for the redemption of the casual rights of the Seignior. Experts re IV. From and after the passing of this Act, all the provisions All provisions relative to the appointment of Experts, contained in the tenth for the apSection of the Seigniorial Act of 1854, or in any other Section pointment of of the said Act, shall be repealed; and in all Seigniories in pealed. which there shall have been requisitions for or appointments of Experts, the Commissioners shall act in every respect as though there had been no such requisition for or appointment of Experts. V. All the words after the words "following the said notice," Section 11 of in the first paragraph of the eleventh section of the said Seigniorial Seigniorial |