ANNO ΝΟΝ Ο VICTORIÆ REGINÆ. CAP. VII. An Act to amend an Act passed during the last Session of this Parliament, intituled, An Act to amend, consolidate and reduce into one Act the several laws now in force, establishing or regulating the practice of District Courts in the several Districts of that part of this Province, formerly Upper Canada. W1 [18th May, 1846.] HEREAS it is necessary to amend the Schedule to an Act passed during Preamble. the last Session of this Parliament, and intituled, An Act to amend, consolidate and reduce into one Act the sereral Laws now in force, establishing or regulating the practice of District Courts in the several Districts of that part of this Province formerly Upper 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, That in addition to the Fees set down and authorized in and by the said Schedule and the said Act, as Fees to be received by the Clerk and to belong and be paid over to the Fee fund, the Fees mentioned in Schedule A, to this Act annexed, shall and may also be demanded and received by the Clerk, and shall belong to and be paid over to the Fee fund, and that the Clerk shall be entitled to the Fees mentioned in the Schedule B, to this Act annexed, in addition to those already provided. II. And be it enacted, That any Judge of a District Court shall, on motion to set aside any interlocutory Judgment, giving time to plead, and on application for security for costs, have the like power in vacation that he would have in term time. III. And be it enacted, That the sixth Section of the said Act shall be repealed, and that the said Courts respectively shall hold four terms in each year, which shall severally commence on the Monday in the week next but three preceding the week in which the General Quarter Sessions are respectively holden, and shall end on Saturday of the same week; and every day in term shall be a return day, and that the first and last days of all periods limited by the said Act, or by any rule or order of the said Courts, shall be inclusive. Additional fees to the fo fund and to the Clerk. Power of Judge in vaca tion extended. Sixth section of Act8, Vict. and District c. 13. repealed, Courts to hold four terms in each year. When this Act shall take effect. IV. And be it enacted, That this Act shall take effect on the first day of June Term as it will be under this Act; and that all writs which may have issued before the passing of this Act returnable on the first day of June Term, shall be held to mean the first day of June Term, according to this Act. SCHEDULE A. Every Writ of Subpoena, six pence. Every Judgment entered, five shillings. Every Oath administered in open Court, one shilling. SCHEDULE B. Every Judgment entered, two shillings. Taxing Costs, when no Judgment entered, one shilling and six pence. MONTREAL :-Printed by STEWART DERBISHIRE & GEORGE DESBARATS, ON DRO ΑΝΝΟ ΝΟΝΟ VICTORIE REGINE. CAP. VIII. An Act to prevent the opening of Government Allowances for Roads without an order from the District Council of the District in which the said Allowances are situate. [18th May, 1846.] W WHEREAS in consequence of roads established by Law, parallel or near to Preamble. Government allowances for roads and in lieu thereof, the said allowances for roads have for years remained closed and in the possession of private persons; And whereas great inconveniences may arise in consequence of the said allowances being thrown open without due notice thereof being given: 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, 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, That from and after the passing of this Act no allowance for road shall be opened unless an Order ordering the same to be opened shall be first made by the District Council of the District in which the allowance is situated: Provided always, that no such Order shall be made unless a notice in writing that an application for that purpose will be made shall have been given to the party in possession of such allowance for road, at least eight days previous to the meeting of the District Council at which such application is intended to be made. MONTREAL :-Printed by STEWART DERBISHIRE & GEORGE DEsbarats, Law Printer to the Queen's Most Excellent Majesty. No Governance for roads to be opened order of tho ment allow unless by an District Coun cil. Proviso. L DI Α Ν Ν Ο ΝΟΝΟ VICTORIÆ REGINÆ. CAP. IX. An Act to explain and amend a certain Act therein mentioned, and to make further provision concerning Ferries in Upper Canada. WHE [18th May, 1846.] HEREAS it appears that the Act hereinafter mentioned hath been con- Preamble. strued so as to prevent parties from conveying persons and goods in their own boats and vessels, and without hire or gain or hope thereof, across waters in Upper Canada within the limits of Ferries, contrary to the true intent and meaning of the said 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 Canal, 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, 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, That nothing in the Act passed in the eighth year of Her Majesty's Reign, and intituled, An Act for the better enforcing the provisions of the Act of the Legislature of Upper Canada for the regulation of Ferries and for protecting the rights of the Lessees of Ferries, shall be construed to prevent any person or persons whatsoever from using for his or their own accommodation, or for his or their employer's own accommodation, or their or his, or their employer's own boat, vessel or craft, at any Ferry in Upper Canada, to cross the river or stream on which such Ferry may be situate, without hire, gain, reward or profit, or hope thereof. II. And be it enacted, That no Ferry in Upper Canada shall hereafter be leased, nor shall the Lease thereof be renewed, or any License to act as a Ferryman thereat be granted, except by public competition, and to parties giving such security as may be required by the Governor in Council, and after notice of the time and place at which tenders will be received for the Lease or License for such Ferry, inserted at least four times in the course of four weeks in the Canada Gazette, and in one or more of the newspapers published in the District in which such Ferry shall be situate; nor shall any such Ferry be leased or the License thereof granted for a longer term than seven years at any one time. MONTREAL-Printed by STEWART DERBISHIRE & GEORGE DESbarats, Act 8 Vict. o. 50, not to preusing their vent parties own vessels to cross ferrics. |