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Preamble.

Act of the Imperial Parliainent, 68, a. 4,

c. 59, cited.

Courts of Justice, and by all Judges and Justices of the Peace, and by all others whom it may concern, without being specially pleaded.

CAP. XLVIII.

An Act to confer certain powers on the Bishop of Montreal, in the transfer of certain Lands.

W

[9th December, 1813.]

HEREAS, by an Act of the Parliament of the United Kingdom of Great Britain and Ireland, passed in the sixth year of the reign of His late Majesty George the Fourth, intituled, An Act to provide for the extinction of Feudal und Seignioral Rights and Burthens on Lands held à Titre de Fief, and a Titre de Cens, in the Province of Lower Canada; and for the gradual conversion of those Tenures into the Tenure of Free and Common Soccage; and for other purposes relating to the said Province, it is enacted, that whenever and so often as it should appear to the Governor, Lieutenant-Governor, or other person administering the Government of the late Province of Lower Canada, that the Surrender and Cession of any part of the Lands appropriated within the said late Province for the maintenance of a Protestant Clergy in the said Province, was necessary for quieting the Titles of any of His Majesty's subjects to Lands held or claimed by them, by occupancy, lawful prescription, transfer, or by doubtful titles, or was necessary, or would be convenient for the carrying on of any Public Buildings or Works, or for the more effectual settlement of any District or tract of Land within the said Province, or otherwise, for His Majesty's service, or for the benefit of the said Province, or of His Majesty's subjects therein resident; then, and in any or either of the cases aforesaid, it should and might be lawful for the Bishop of Quebec for the time being, on behalf of the said Protestant Clergy, in compliance with any requisition in writing to him for that purpose made by such Governor, LieutenantGovernor or the person administering the Government of the said late Province, and he was thereby required, by a Deed under his hand and seal, duly attested by two or more credible witnesses, to surrender, yield up, and convey to His Majesty, His Heirs and Successors, the Lands comprised and described in any such requisition as aforesaid, in exchange for other Lands situate in the said late Province, of equal extent and value, to be by His Majesty appropriated and set apart for the support and maintenance of a Protestant Clergy therein; and that such Deed, so executed by the said Bishop of Quebec for the time being, should be valid and effectual in Law, to vest in His Majesty, His Heirs and Successors, all the Lands therein included and comprised; and that such Lands should and might, by His

Majesty

Majesty, His Heirs and Successors, be re-granted and re-conveyed to any other person or persons, for quieting their possession and titles, or otherwise, as might from time to time be expedient or necessary, without any further appropriation of Land being thereupon made for the support of a Protestant Clergy; And whereas there has not been appointed any successor to the late Bishop of Quebec, now deceased, and by reason thereof no effect can be given to the provisions aforesaid; 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 duties, powers and authority conferred by the said Act, or by any other Act or Acts, or by any other authority whatsoever, on the Bishop of Quebec for the time being, shall devolve on the Bishop of Montreal for the time being, so long as there shall not be appointed a successor to the said late Bishop of Quebec; and whenever there shall not be a Bishop of Quebec resident or being within the said Diocese of Quebec, and all Acts whatsoever on the part of the said Bishop of Montreal, executed in his official capacity of Bishop as aforesaid, shall be valid and effectual in as full and ample a manner as if he were Bishop of Quebec aforesaid.

CAP. XLIX.

An Act to Incorporate "Bishop's College" in the Diocese of Quebec. [9th December, 1843.]

HEREAS it has been represented to the Legislature of this Province, that divers Inhabitants of the said Province have used their efforts to establish a College, in connexion with the United Church of England and Ireland, near Lennoxville, in the Township of Ascot, in the District of Saint Francis, and within the Diocese of Quebec, under the style and title of " Bishop's College," and are engaged in erecting and establishing the same; And whereas, it would tend greatly to advance and extend the usefulness of the said College, and to promote the purposes for which it was established, that it should be incorporated; 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

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The Corpora

tion of the Bi

shop's College

of the Episcopal Diocese of Quebec.

Usual Corporate Powers.

Corporation may hold property to a certain amount.

Proviso.

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 there shall be, and there is hereby constituted and established, at or near Lennoxville, in the Township of Ascot, in the District of Saint Francis, in this Province, and within the Diocese of Quebec, a Body Politic and Corporate, under the name of "Bishop's College," which Corporation shall consist of Firstly, the Lord Bishop of Quebec, or other the Superior Ecclesiastical Functionary of the United Church of England and Ireland, in the said Diocese of Quebec,-Secondly, the Trustees of the said Bishop's College, not less than three in number, and Thirdly, the College Council of the said Bishop's College, not less than three in number, which said Trustees, and the Members of the said College Council shall be named by the said Lord Bishop of Quebec, or other Superior Ecclesiastical Functionary as aforesaid, and shall, in the event of their death, removal from the Province, dismissal from office, or resignation, be replaced by other persons to be named in like manner, and so on continually forever.

II. And be it enacted, that such Corporation shall have perpetual succession, and may have a Common Seal, with power to change, alter, break and renew the same when and as often as they shall think proper; and the said Corporation may, under the same name, contract and be contracted with, sue and be sued, implead and be impleaded, prosecute and be prosecuted, in all Courts and places whatsoever in this Province, and shall have full power to make and establish such and so many rules, orders and regulations (not being contrary to the Laws of the Country or to this Act) as they shall deem useful or necessary, as well concerning the system of education in, as for the conduct and government of the said College, and of any other Institution or School connected with or dependent on the same, and of the Corporation thereof, and for the superintendence, advantage and improvement of all the property, moveable or immoveable, belonging to, or which shall hereafter belong to the said Corporation; and shall have power to take, under any legal title whatsoever, and to hold for the said College, without any further authority, License or Letters of Mortmain, all land and property moveable or immoveable, which may hereafter be sold, ceded, exchanged, given, bequeathed, or granted to the said Corporation, or to sell, alienate, convey, let or lease the same if need be: Provided always, that the net rents, issues and profits arising from the immoveable property of the said Corporation, shall not at any time exceed the annual sum of three thousand pounds, current money of this Province; and the said Corporation shall further have the right of appointing an Attorney or Attorneys, for the management of their affairs, and generally shall enjoy all the rights and privileges enjoyed by other Bodies Politic and Corporate, recognized by the Legislature: Provided always, that no rule, order or regulation which shall be made and established by the said Corporation in manner aforesaid, shall be of

any

any force or effect until the same shall have been sanctioned and confirmed by the said Lord Bishop or other Ecclesiastical Functionary, as aforesaid.

III. And be it enacted, that all the property which shall at any time belong to the said Corporation, as well as the revenues thereof, shall at all times be exclusively applied and appropriated to the advancement of education in the said College, and to no other object, Institution or Establishment whatever, unconnected with or independent of the same.

IV. And be it enacted, that this Act shall be considered a public Act by all Judges, Justices of the Peace, and Officers of Justice, and by all other persons whomsoever, and shall be judicially taken notice of without being specially pleaded.

V. And be it enacted, that this Act shall not extend to weaken, diminish, or extinguish the rights and privileges of Her Majesty, Her Heirs and Successors, nor of any other person or persons, Body Politic or Corporate, excepting only such rights as are hereby expressly altered or extinguished.

CAP. L.

An Act to Incorporate the Education Society of the District of Quebec.

W

[9th December, 1843.]

HEREAS there has existed in the City of Quebec, since the year one thousand eight hundred and twenty-two an Association known by the name of The Education Society of the District of Quebec, established for the purpose of providing civil and religious instruction for the children of the poor in the said City, and of forming Teachers competent to instruct children in the country parts of the said District: And whereas the persons hereinafter named, have, by their Petition, prayed that for the public advantage, the said Association may be Incorporated under proper regulations, and it is expedient to grant the prayer of their petition; 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 Jean François Duval, Charles

To what pur

poses only the

Revenues shall be applied.

Public Act.

Rights of the Crown saved.

Preamble.

F.

Corporate

name and pow

ers.

Property.

Certain per- F. Baillargeon, Patrick McMahon, Jacques Cremazie, and Joseph Petitclair, sons Incorporated, the present officers of the said association, and such other persons as now are or shall hereafter become members of the said association, according to the rules and regulations thereof, shall be and are hereby constituted a Body Politic and Corporate, by the name of "The Education Society of the District of Quebec," and shall, by that name, have perpetual succession and a Common Seal, with power to alter, renew, or change the same same at pleasure, and shall by the said name, at all times hereafter, have power to purchase, acquire, hold, possess and enjoy, take, accept and receive for the use and purposes of the said Corporation, any lands, immoveable property or hereditaments, or any personal property of what nature soever within this Province, not exceeding in yearly value the sum of one thousand pounds, currency, and the same to sell, alienate, and dispose of, and others in their stead to purchase, acquire and hold, for the uses and purposes aforesaid; and the said Corporation may, by the said name, sue and be sued in all Courts of Law or Equity or other places whatever, in as large, ample, and beneficial a manner as any other Body Politic or Corporate in this Province, and shall have power and authority to make By-Laws, Rules, and Regulations not being contrary to this Act or to the Laws of this Province, for the government and management of the said Corporation and of the affairs and property thereof, and for the admission of Members thereof, and for all other purposes relating to the well being and interests of the said Corporation, and the same to amend, alter or repeal, from time to time, in such manner as they shall deem necessary or expedient.

By-Laws.

Officers of the Corpora

them.

II. And be it enacted, that the Officers of the said Corporation shall be a Pretion, and man- sident, two Vice Presidents, a Secretary and a Treasurer; and the affairs and ner of electing business of the said Corporation shall be managed by a Committee to be composed of twenty members of the Corporation and the Officers aforesaid, who shall always be members of the said Committee; and the said Officers and other members of the Committee shall be annually elected by the majority of the votes (to be given by ballot,) of the members of the Corporation present at a meeting to be held for that purpose on the first Monday in the month of May, in each year: Provided always, that if the election be not had on that day, the Corporation shall not be dissolved, but the election may be had at a special meeting thereafter to be called for that purpose in the manner hereinafter provided, and in that case the Officers and members of the Committee in office, immediately before the said day, shail continue in office until their successors shall be elected.

Proviso.

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III And be it enacted, that the President, or in his absence, either of the Vice Presidents, may, at any time, on a requisition to him made and signed by any three members of the Corporation, call a special general meeting of the members

of

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