on Punishment tures. persons allowed the interest which he shall have paid or allowed upon such Debenture or Corporation Bond in his accounts with the said City. XVIII. And be it enacted, that if any person or persons shall forge, alter or forging, alter- counterfeit any such Debenture or Corporation Bond which shall be issued under ing or issuing the authority of this Act and remaining uncancelled, or any stamp, endorsement forged or counterfeit Deben- or writing therein or thereon, or tender in payment any such forged, altered or counterfeit Debenture or Corporation Bond, or any Debenture or Corporation Bond with such counterfeit endorsement or writing thereon or therein, or shall demand to have such altered or counterfeit Debenture or Corporation Bond or any Debenture or Corporation Bond, with such altered or counterfeit endorsement or writing thereon or therein, exchanged for ready money by any person or persons who shall be obliged or required to exchange the same, or by any other person or persons whomsoever knowing the Debenture or Corporation Bond, so tendered in payment or demanded to be exchanged, or the endorsement or writing thereon or therein, to be forged and counterfeit, and with intent to defraud the said City, or the person appointed to pay off the same, or any of them, or any other person or persons, bodies politic or corporate, then every such person or persons so offending, being thereof convicted, shall be adjudged a felon and shall be liable, at the discretion of the Court before which he, she or they may be tried, to be confined at hard labour in the Provincial Penitentiary, for any period not less than three years, or to be imprisoned in any other Prison or place of confinement for any period not exceeding two years. City Trea surer to en dorse the pay XIX. And be it enacted, that it shall be the duty of the City Treasurer aforesaid, whenever called upon to pay or allow the interest upon any of the Debenment of inte. tures or Corporation Bonds issued under the authority of this Act, to take care to rest on Deben- have the same endorsed on such Debenture or Corporation Bond at the time of payment thereof, expressing the period up to which the said interest shall have been so paid. ture. Corporation by notice to and interest to in after six XX. And be it enacted, that at any time after the Debentures or Corporation call in Deben- Bonds, or any of them that shall be issued under the authority of this Act, shall tures over due, respectively become due according to the terms thereof, it shall and may be stop on all De- lawful for the Corporation aforesaid, if they shall think proper so to do, to direct a bentures called notice to be inserted in two or more of the Newspapers published in the said City, months shall in the English and French languages, requiring all holders of the said Debentures or Corporation Bonds to present the same for payment, according to the conditions thereof, and if after the insertion of such notices for three months, any Debentures or Corporation Bonds then payable shall remain out more than six months from the first publication of such notice, all interest on such Debentures or Corporation have expired. Corporation Bonds, after the expiration of the said six months, shall cease and be no further payable in respect of the time which may elapse between the expiration of the said six months, and their presentment for payment. XXI. And be it enacted, that whenever it shall be deemed expedient by the said Corporation to redeem the said Debentures or Corporation Bonds, or any of them, at any time prior to the date at which the same may be made payable, with a view to diminish the debt to be contracted in the purchase of the said Water Works, it shall and may be lawful for the said Corporation to direct a notice to be inserted in all the newspapers published in the said City of Montreal, requiring all holders of the said Debentures or Corporation Bonds to present the same for payment, and if after the insertion of such notice for three months, any Debentures or Corporation Bonds, then issued, shall remain out more than six months after the first publication of such notice, all interest on such Debentures or Corporation Bonds, after the expiration of the said six months, shall cease and be no further payable in respect of the time which may elapse between the expiration of the said six months, and their presentment for payment. XXII. And be it enacted, that nothing in this Act contained, shall extend or be construed to extend to diminish the power and authority of the Corporation, aforesaid, hereafter to borrow on the credit of the said City, for the general uses and purposes of the said City, as fully and effectually as though the said City were not indebted for the purchase of the Water Works as aforesaid, or that Debentures or Corporation Bonds had not been issued by them for the amount or purchase thereof, or as if this Act had not been passed, any Act, Statute or Law or provision thereof to the contrary notwithstanding. XXIII. And be it enacted, that the said Corporation shall be, and they are hereby required to keep or cause to be kept separate books and accounts of the receipts and disbursements for and on account of the said Water Works, distinct from the books and accounts relating to the other property, funds or assets belonging to the said City, and shall annually, on or after the first day of January in each and every year, cause a statement of the affairs of the said Water Works to be published in two or more of the Newspapers of the said City, in the English and French languages, wherein shall be stated, the amount of the rents, issues and profits, arising from the said Works, the number of tenants supplied with water, the extent and value of the moveable and immoveable property thereunto belonging, the amount of Debentures or Corporation Bonds then issued and remaining unredeemed and uncancelled, and the interest paid thereon, or yet due and unpaid; the expenses of collection and management, and all other contingencies, salaries of officers and servants, the cost of repairs, improvements and alterations, Act not to prevent private Water Works Legislature. nor to bind the Rights of the Crown, &c. saved. 'Limitation of Actions. alterations, the prices paid for the acquisition of any real estate that may be required for the use of the said Water Works, as also the value received for any real estate that may be sold and disposed of by the said Corporation, and gene. rally such a statement of the revenue and expenditure of the said Water Works as will at all times afford to the Citizens of the said City of Montreal, a full and complete knowledge of the state of the affairs of the said Montreal Water Works. XXIV. And be it enacted, that nothing in this Act contained, shall extend or be construed to extend to prevent any person or persons, Body Corporate, Politic or Collegiate, from constructing any Works for the supply of water to his or their own premises, or to prevent the Legislature of the Province at any time hereafter, from altering, modifying or repealing the powers, privileges or authorities hereinbefore granted to or obtained by the said Corporation. XXV. And be it enacted, that nothing herein contained shall affect or be construed to affect, in any manner or way whatsoever, the rights of Her Majesty, Her Heirs or Successors, or of any person or persons, or of any Bodies Politic or Corporate, except such only as are herein mentioned. XXVI. And be it enacted, that if any Action or Suit shall be brought against any person or persons for any thing done in pursuance of this Act, the same shall be brought, within six calendar months next after the fact committed, or in case there shall be a continuation of damages, then within six calendar months after the doing or committing such damages, shall cease, and the Defendant or Defendants shall and may plead the general issue and give this Act and the special matter in evidence at any trial to be had thereupon, and that the same was done in purGeneral issuance of and under the authority of this Act; and if it shall appear to have been sue and Spe- so done, or if any such action or suit shall be brought after the time before limited for bringing the same, then the Judgment shall be entered for the Defendant or Defendants, or if the Plaintiff or Plaintiffs shall become nonsuit or shall suffer discontinuance of his or their action or suit, after the Defendant or Defendants shall have appeared, or if a Judgment shall be entered against the Plaintiff or Plaintiffs, or if upon exceptions or otherwise, Judginent shall be given against the Plaintiff or Plaintiffs, the Defendant or Defendants shall have treble costs, and Treble costs. shall have such remedy for the same, as any Defendant hath for costs of suits in other cases of law. cial matter in evidence. Ordinances Incorporating XXVII. And be it enacted, that all the enactments and provisions of the Ordinance of the Governor and Special Council, of the late Province of Lower Cathe City of Montreal in so nada, passed in the fourth year of Her Majesty's Reign, and intituled, An Ordinance to to incorporate the City and Town of Montreal, as amended by a certain Ordinance of the Governor and Special Council aforesaid, passed for that purpose, also, in the fourth year of Her present Majesty's Reign, and intituled, An Ordinance to amend the Ordinance to incorporate the City and Town of Montreal, shall, in so far as they shall not be repugnant to or inconsistent with, the express enactments and evident intent of this Act, extend to, and govern each and every act and thing required or authorized to be performed and done, under the authority of this Act, as if this Act had formed part of the said last mentioned Ordinances, or of either of them. XXVIII. And be it enacted, that all Acts or Provisions of Law in force in this Province, or in any part thereof, before or up to the time when this Act shall come into force, which shall be inconsistent with, or contradictory to this Act, or which make any provision in any matter provided for by this Act, other than such as is hereby made in such matters, shall, from and after the time when this Act shall come into force, be and they are hereby repealed, except in so far as may relate to any circumstance, act or thing occurring, done, or effected before the commencement of this Act, which shall be dealt with, adjudged upon, and determined, as if this Act had not been passed. ed XXIX. And be it enacted, that this Act shall be and is hereby declared to be a Public Act, and shall as such be judicially taken notice of by all Judges, Justices Act. and other persons in this Province, without being specially pleaded. CAP. XLV. An Act to incorporate Charles Cunningham, Richard Norman, Samuel W" [9th December, 1843.] HEREAS the improvement and extension of the British Fishery in the Gulf of St. Lawrence and Bay of Chaleurs, and other places on the coast of the Province of Canada, are of great importance, not only to the said Province but to the British Empire; And whereas it is also of great importance to the said Province, that its Mines and Mineral wealth should be properly worked and brought into useful operation, and to accomplish the purposes aforesaid, it is expedient to establish a Body Politic and Corporate, with the powers, rights and privileges hereinafter To be deem Preamble, Certain per sons incorpo rated for the purposes men tioned in the Preamble. ers. Corporate hereinafter contained, and more particularly with power to the said Body Politic and Corporate, to hold lands, tenements and hereditaments necessary to the carrying on their business in the said Province of Canada, to them and their successors, either by acquisition from the Crown or by purchase from individuals, and to work any Coal Mine or Coal Mines found thereupon, Mines and Minerals thereunto appurtenant and belonging, and with full power to work the same, and to hold and possess immoveable and moveable property of every description; And whereas Charles Cunningham, of Clarges-Street, in the County of Middlesex, Richard Norman, of Bryanstone Square, in the said County, and Samuel Amory, of Throgmorton-Street, also in the County aforesaid, in that part of the United Kingdom of Great Britain and Ireland called England, Esquires, in order to carry the aforesaid purpose into effect, have, by their petition in this behalf, represented that they are, on behalf of themselves and other persons, prepared to raise by subscription a capital of one hundred and fifty thousand pounds, sterling, when they shall be duly authorized and protected in so doing, by an Act of Incorporation passed by the Provincial Legislature of Canada, and by a Charter from the Crown; 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 the said Charles Cunningham, Richard Norman, Samuel Amory, and such and so many other person or persons, Bodies Politic or Corporate as have become or shall at any time hereafter become Subscribers or Shareholders of or for the Capital Stock hereinafter mentioned, in manner hereinafter provided, and their respective successors, executors, administrators and assigns, or such other person or persons, Bodies Politic or Corporate, as shall from time to time be possessed of or entitled to such shares as hereinafter provided, shall be a Body Politic or Corporate in the Province of Canada, in deed and in name, by the name of "The Gaspé Fishery and Coal Mining Company," and by that name shall and may sue and be sued, implead and be impleaded in all Courts of Law and Equity in the said Province of Canada, and shall, during the continuance of this Act, have uninterrupted succession with a Common Seal, which may by them be changed or varied at their pleasure. II. And be it enacted, that it shall be lawful for the said Company to engage in name and pow- and follow the occupation of carrying on the Fisheries, and such Trade as may be necessary to the carrying on of the said Fisheries in the Gulf of St. Lawrence, the Bay of Chaleurs, and elsewhere, on the sea coast of Canada, and it shall be further lawful for the said Company, their Agents and Servants to land (saving always |