of such Bankrupt or Bankrupts, which would be liable to satisfy the demands of the creditors seeking relief under such Commission of Bankruptcy, shall be liable and subject to, and are hereby made chargeable with the payment of the principal and interest due upon such bond or obligation, and all costs attending the recovery of the same, and that the claims of Her Majesty by virtue of this Act, shall be first paid and satisfied out of the personal estate and effects of such Bankrupt or Bankrupts, and in preference to the claim of any other creditor or creditors, and that such claims shall also be first paid and satisfied out of the value of the improvements made on the real estate or immoveable property, and of the increased value of such real estate or immoveable property, by means of the sum or sums of money advanced and lent as aforesaid, in preference to the claims of any other creditor or creditors; and it shall be lawful for the proper Law Officer of the Crown, in the name of Her Majesty, to apply by Petition in a summary way to the proper Courts having the jurisdiction of the matter of such Commission of Bankruptcy, to make due order accordingly, which such Courts respectively are hereby authorized and required to make; and that it shall also be lawful for one of the Commissioners to be appointed by this Act, or for one of the Law Officers of the Crown, or any other person whom the Governor of this Province may authorize for that purpose, to prove any debt or grounds of debt, under this Act, and vote in the choice of an Assignee or Assignees, Trustee or Trustees, as the case may require, of such Bankrupt's estate and effects, and to do and execute every other matter and thing, relating to such Bankruptcy, as fully and effectually as if such Commissioner, or other person, were the bona fide creditor of such Bankrupt or Bankrupts.

Privilege of such case.

the Crown in

Crown Offidebt, &c.

cer may prove

When the

whole of the

100,000 shall have ed, or the Godeem it expedient, powers

been advanc

vernor shall

of Commissioners to

cease ond de

termine.

XXVI. And be it enacted, That so soon as the whole sum of one hundred thousand pounds, by this Act authorized to be issued and applied under the provisions of this Act, shall have been advanced and lent by the said Commissioners for the execution of this Act, or whenever the Governor in Council shall think fit to declare that the powers of the said Commissioners for the execution of this Act, may, without injury to any principals or sureties, or other persons interested in the properties for which advances have been made, or in any securities given in relation thereto, or for any other just and reasonable cause, cease and determine, the Provincial Secretary is hereby authorized to direct the said Commissioners, who are thereupon hereby authorized and required to publish and declare, by advertisements to be inserted in the Canada Gazette, and two Notice to be newspapers published in the City of Quebec, in the English and French languages, that given. at the expiration of three calendar months from the date of the said advertisements respectively, the said Commissioners for the execution of this Act, will cease to execute and perform the powers and authorities vested in them by this Act, and all the powers and authorities of the said Commissioners for the execution of this Act, shall thereupon cease and determine accordingly; and the said Commissioners shall with all convenient Commissionspeed, lay an account in writing of all the proceedings under this Act, before both the LegislaHouses of Parliament, and shall also deliver or cause to be delivered up to the Inspector ture, and to General of Public Provincial Accounts, all the bonds, obligations, deeds, books of account, papers and writings of what nature or kind soever, in the possession, or under the control of the said Commissioners, or any of their Officers, touching or relating to any security or securities whatsoever taken by them, the said Commissioners for any loan or loans advanced by them under the powers and authority of this Act, together with the minutes of the proceedings of them the said Commissioners, and all books, papers and writings in any manner relating thereto.

XXVII.

ers to report to

deliver ac

counts, &c., to

the Inspector

General.

Commission

ers to report

XXVII. And be it enacted, That the said Commissioners herein appointed shall from time to time at their discretion, or as often as they shall be thereunto required, during ings to the In- their carrying on any proceedings by virtue of this Act, and as soon as possible after the

their proceed

spector Gene

ral from time

to time.

determination of such proceedings, without any further requisition, give an account of their proceedings in writing to the Inspector General of Public Provincial Accounts.

XXVIII. And be it enacted, That if any person or persons shall forge, counterfeit or alter, or cause or procure to be forged, counterfeited or altered, or knowingly or wilfully act or assist in the forging, counterfeiting or altering any debenture or debentures, certificate or certificates, discharge or discharges, or any receipt or receipts, to be given as aforesaid in pursuance of this Act, or shall utter any such forged, counterfeited or altered debenture or debentures, certificate or certificates, discharge or discharges, or any receipt or receipts, knowing the same to be forged, counterfeited or altered, with intent to defraud Her Majesty, Her Heirs or Successors, or any body or bodies politic or corporate, or any person whomsoever, then and in every such case, all and every person or persons so offending and being thereof lawfully convicted, shall be adjudged guilty of felony, and shall suffer the same punishment as in cases of felony.

XXIX. And be it enacted, That if any person or persons shall obtain any sum or sums of money under this Act, and shall not apply the same to the purposes intended by this Act, or if such person or persons shall not apply the said sum or sums of money to the purposes expressed in any bond or obligation to be entered into under this Act, such person or persons shall be deemed guilty of a misdemeanor and of obtaining money under false pretences, and shall suffer the same punishment as provided by law for such offence.

XXX. And be it enacted, That the residue of the monies so to be raised as aforesaid, after redemption of such debentures, shall be paid to and remain in the hands of the Receiver General of this Province, subject to such disposal and appropriation as the Legislature may from time to time by any Act or Acts direct and appoint.

XXXI. And be it enacted, That all monies to be raised by such loan as aforesaid, shall be accounted for, to Her Majesty, Her Heirs and Successors, through the Lords Commissioners of Her Majesty's Treasury, in such manner and form as Her Majesty, Her Heirs and Successors shall be graciously pleased to direct.

XXXII. And be it enacted, That the words "Lower Canada," wherever they occur in this Act, shall be construed as meaning all that part of this Province which formerly constituted the Province of Lower Canada; the word "Governor" shall be construed as including the Lieutenant-Governor, or person administering the Government of this Province; and words importing the singular number or the masculine gender only, shall be construed as including more than one person or thing of the same kind, and females as well as males, unless there be something in the context repugnant to or inconsistent with such construction.

MONTREAL :-Printed by STEWART DERBISHIRE & GEORGE DESBARATS,

Law Printer to the Queen's Most Excellent Majesty.

QUI

ΑΝΝΟ ΝΟΝΟ

VICTORIA REGINE.

CAP. LXIII.

An Act to appropriate the sums therein mentioned to defray certain expenses of the Civil Government, for the year one thousand eight hundred and forty-six, and certain other expenses not otherwise provided for.

MOST GRACIOUS SOVEREIGN:

W

[9th June, 1846.]

His Excellency's Messages of 11th April, May, 1846,

1846, 12th

and 3d June, 1846, recited.

£117,453 16s ted for defraying certain

11d appropria

expenses of

HEREAS by Messages from His Excellency Lieutenant General, the Right Preamble. Honorable Charles Murray, Earl Cathcart, of Cathcart, in the County of Renfrew, Knight Commander of the Most Honorable Order of the Bath, Governor General of British North America, and Captain General and Governor in Chief, in and over this Province of Canada, bearing date respectively the eleventh day of April, the twelfth day of May, and the third day of June, one thousand eight hundred and forty-six, and the estimates accompanying the same, it appears that the sums hereinafter mentioned, are required to defray certain expenses of the Civil Government of this Province, for the year one thousand eight hundred and forty-six, and for certain other public purposes for which no provision is now made by law: May it therefore please Your Majesty that it may be enacted, and be it 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 from and out of any unappropriated monies forming part of the Consolidated Revenue Fund of this Province, there shall and may be paid and applied a sum not exceeding one hundred and seventeen thousand four hundred and fifty-three pounds, sixteen shillings and eleven pence, for defraying certain expenses of the Civil Government of this Province, for the year ending on the thirty-first day of December, one thousand eight hundred and forty-six, not otherwise provided for by law, and for certain other public purposes and services specified in the estimates accomp-nying the messages above mentioned.

II. And be it enacted, That from and out of the monies to be raised for that purpose by debentures, on the credit of the said Consolidated Revenue Fund of this Province, under the authority of the Acts passed during the present Session of the Provincial Parliament, there shall and may be paid and applied a sum not exceeding five hundred and twenty-thousand, eight hundred and thirty-three pounds, eleven shillings

and

the Civil Go

for 1846.

vernment, &c.

£520,833 11s Id appropria

ted for public works out of raised by de

monies to be

bentures un

der Acts of this Session.

Accounting clause.

Accounts to

the Provincial

and one penny, currency, to defray the cost of certain public works specified in the estimate accompanying the messages secondly above mentioned.

III. And be it enacted, That the due application of the monies hereby appropriated shall be accounted for to Her Majesty, Her Heirs and Successors, through the Lords Commissioners of Her Majesty's Treasury for the time being, in such manner and form as Her Majesty, Her Heirs and Successors shall be pleased to direct.

IV. And be it enacted, That a detailed account of the monies expended under the be laid before authority of this Act, shall be laid before the Legislative Assembly of this Province, during the first fifteen days of the Session of the Provincial Parliament next after such expenditure.

Parliament.

MONTREAL :-Printed by STEWART DERBISHIRE & GEORGE DEsbarats,

Law Printer to the Queen's Most Excellent Majesty.

MA

ANNO ΝΟΝ Ο

VICTORIÆ REGINÆ.

CAP. LXIV.

An Act to authorize the raising of the remainder of the Loan guaranteed by the Imperial Parliament.

WH

[9th June, 1846.]

Imperial Act 118, cited.

5 and 6 Vict.

Provincial Act

Vict. c. 8,

cited.

HEREAS by the Act of the Parliament of the United Kingdom of Great Britain and Ireland, passed in the Session held in the fifth and sixth years of Her Majesty's Reign, and intituled, An Act for guaranteeing the payment of the interest on a Loan of One Million, Five Hundred Thousand Pounds, to be raised by the Province of Canada, it is enacted that it shall and may be lawful for Her Majesty, Her Heirs and Successors, to guarantee the payment of the Dividends and Interest, not exceeding the yearly rate of four pounds in the hundred, on any principal sums of money not ex-ceeding the sum of One Million, Five Hundred Thousand Pounds in the whole, which may be required and raised for Public Works in this Province, and for other Provincial purposes in the said Act mentioned, by Loan, Debenture or otherwise; And whereas for giving effect to the said Act, it is enacted by the Act of the Parliament of this Province passed in the sixth year of Her Majesty's Reign, and intituled, An Act to authorize the raising, by way of Loan, in England, the sum of One Million, Five Hundred 6 Thousand Pounds sterling, for the construction and completion of certain public works in Canada, that the sum of one million five hundred thousand pounds shall be raised and borrowed, with the guarantee aforesaid, by loan, debentures or otherwise, in the manner by the said Provincial Act provided: And whereas by reason of the premium at which the Debentures issued under the said Acts were disposed of, the said sum of one million five hundred thousand pounds was raised under the said guarantee, by the issue of Debentures for sums amounting in the whole to one million three hundred and sixty thousand pounds sterling, and no more, leaving a sum of one hundred and forty thousand pounds sterling, to which under the provisions of the said Imperial Act the guarantee aforesaid may be extended by Her Majesty, Her Heirs or Successors, but the raising of which is not authorized by the said Provincial Act: And whereas it is expedient to authorize the raising of the said last mentioned sum with the guarantee aforesaid, for defraying the cost of certain Public Works in this Province: 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 it shall be Governer in lawful for the Governor by and with the advice of the Executive Council, to issue Debentures

Council may

cause Deben