SECTION III. GRANTING AND WITHDRAWAL OF AUTHORIZATION. tion. 3351. The granting of the authorization and its continua- Conditions of tion shall be subject to the orders and regulations passed for authoriza that purpose by the Lieutenant-Governor in Council who, at the same time, shall define the powers and privileges as well as the duties and obligations of the director of such asylum. 47 V., c. 21, s. 1. of authoriza 3352. The withdrawal of the authorization may be pro- Withdrawal nounced according to the gravity of the circumstances, in any tion for cercase of infringement of the above mentioned laws and orders, tain reasons and especially in the following cases: 1. If a larger number of persons than that fixed in the permit be received; 2. If patients suffering from diseases other than those he declared that he intended to treat be received; 3. If the locality be so changed or modified as to become unsuited for the purpose, or if the precautions prescribed for the safety of the patients are not constantly observed; 4. If any breach of the provisions concerning the interior service occurs as respects morals; 5. If inhuman treatment has been employed towards habitual drunkards. 47 V., c. 21, s. 1. tion. 3353. During the investigation respecting the withdrawal Control durof the authorization, the asylum shall be under the control of ing investigathe inspector of prisons and asylums thereto appointed by the Government. 47 V., c. 21, s. 1. SECTION IV. MISCELLANEOUS. 3354. There shall not be more than four asylums for the Number of reception and treatment of habitual drunkards in this Province. syums 47 V., c. 21, s. 2. limited. detain person 3355. No person shall be kept or retained against his will Judgment reby the director of one of these asylums, unless he be author- quired to ized by an order of one of the judges of the Superior Court. against his 47 V., c. 21, s. 2. will. admission. 3356. Any person, on his admission in writing, signed Confinement before a judge of the Superior Court, that he is an habitual on voluntary drunkard, and that he wishes to be confined in one of the said asylums for the time by him specified, may be admitted into such asylum for the space of time specified by the judge at his request, and such declaration shall be given to the director of Provisions for retaking escaped patients. Penalty for infringing provisions. Suits by and before whom brought. such asylum and shall be a sufficient authorization for the detention of such person therein during the time mentioned in his admission. 47 V., c. 21, s. 2. 3357. In case any person confined in one of the said asylums shall escape therefrom, it shall be the duty of the director or visiting physician to arrest such person or cause him to be arrested by any person without a warrant,within forty eight hours after his escape, and to be brought back to the said asylum, and during one month after his escape, under a warrant, under the signature of either of them, in accordance with the form A, annexed to this chapter, and the person so arrested shall be again confined in the said asylum from whence he escaped, for the same reasons and under the same authority as before his escape. 47 V., c. 21, s. 2. 3358. Whosoever shall contravene the foregoing provisions shall be liable to a fine of not less than fifty dollars or to an imprisonment of two months in default of payment.. 47 V.. c. 21, s. 1. 3359. All suits for infringement of the provisions of this chapter shall be instituted by one of the inspectors of prisons and asylums in his own name for Her Majesty, before any court of competent jurisdiction in this Province. 47 V., c. 21, s. 1. day of the month of C. D., a patient at of which , one thousand eight hundred and I am the (director or visiting physician) did escape from the These are therefore to command you and the said constables and peace officers, in Her Majesty's name, to retake the said C. D. and safely to convey him to this asylum and deliver him to my charge. Given under my hand and seal, at day of the month of this in the year 18 Director or Visiting Physician. 47 V., c. 21, Form A. TITLE IX. RELIGIOUS MATTERS. CHAPTER FIRST. ERECTION AND DIVISION OF PARISHES,-CONSTRUCTION AND SECTION I. COMMISSIONERS. $1.-Appointment of Commissioners. appoint five 3360. The Lieutenant-Governor may, by commission under Lieutenantthe Great Seal of the Province, appoint, in the naine of Her Governor to Majesty, in each of the Roman Catholic dioceses canonically commissionacknowledged and erected in the Province by the ecclesiastical ers to each authorities, five persons, duly qualified and residing in the said lic diocese. dioceses respectively, to be commissioners for the purposes of this chapter, and may remove them and appoint others in their stead. Roman Catho The commissioners so appointed in each diocese, or any Quorum. three or more of them, may exercise the authority, jurisdiction and powers vested in them by this chapter, until the revocation of their commission. C. S. L. C., c. 18, s. 1. Governor missioners 3361. Whenever, in any diocese, more than two of the Lieutenantcommissioners are interested in the civil erection of any may appoint parish, or in the construction or repairing of any building for others to act divine worship, then, on a representation to that effect made when comby any one of the commissioners, the Lieutenant-Governor may personally appoint, by a special commission, one or more persons not inter- interested. ested, to act in such case as a commissioner or commissioners jointly with the commissioners not interested. C. S. L. C., c. 18, s. 4. §2.-General Powers of Commissioners. 3362. The commissioners shall appoint a fit person to be Secretary, their secretary, and may remove him and appoint another appointment in his stead. Such secretary keeps a register of all the judgments, orders and proceedings of the commissioners, of which he is the legal custodian. C. S. L. C., c. 18, s. 3. and duties. Fees to secretary. 3363. The secretary to the commissioners is not entitled to demand for his services and writings more than the sums hereafter enumerated, namely: On application for civil erection or civil an- For each copy of notice of meeting. For each decree.. For each copy of decree.. For the original of each notice. .$15 00 020 234 1.00 100 For each copy of 0 25 Commission ers may fix fees for cer on the copy... In case of contestation, or personal attendance on the spot, it is lawful for the commissioners to fix an adequate rate of tain services. remuneration, paying due regard to the additional proceedings arising out of such contestation, or such personal attendance, or both, as the case may be. 29 V., c. 52, s. 5. Bailiffs. Such bailiffs for the pur 3364. The bailiffs of the Superior Court are, at the same time, bailiffs of the commissioners, and no special affidavit is necessary to prove any service, advertisement, posting up, publication or deposit, when the same has been done and performed by any bailiff, but the certificate or return in due form, drawn up by a bailiff' under his oath of office, is considered as proof of the facts therein mentioned. C. S. L. C., c. 18, s. 6. 3365. The bailiffs of the Superior Court are, for all the to he officers purposes of this chapter, officers duly qualified to act as well for the ecclesiastical as for the civil authorities, and as well for the publication of notices as for any other purpose. C. S. L. C., c. 18, s. 7. poses of this chapter. Matters respecting erection of parishes, building of churches, &c., how to be decided. Order during sittings. 3366. All cases respecting either the erection or division of parishes, or the building and repairing of churches, parsonage houses and cemeteries, and their appurtenances, belonging to Roman Catholics, shall be proceeded with and adjudged upon by the Roman Catholic bishop or person administering the diocese in which it is necessary to act, and by the commissioners appointed for the said diocese. C. S. L. C., c. 18, s. 5. 3367. During their sittings, the commissioners have the same powers and the same authority, and may adopt the same means for keeping order as those now conferred by law, in sim ilar cases and for similar purposes, upon all courts in this Province, or on the judges thereof, during the sitting of such courts. During such sittings, the majority of the commissioners pre- Majority to sent at any meeting decide all questions arising before them, decide. and, in case the commissioners are equally divided, the presi- Casting vote. dent has a casting vote. 29 V., c. 52, s. 4. son to take 3368. The commissioners may, whenever they consider it Deputing perexpedient so to do, authorize and appoint one of their number, evidence. or another person, to take and receive the depositions of the witnesses at the place where the latter reside; and the person so appointed has, for the purpose of examining such witnesses under oath, the same powers as the commissioners themselves. ers may swear 2. The commissioners may, collectively or severally, swear Commissionany witnesses produced before them, or any expert appointed witnesses or in the course of any proceedings had before the commissioners. experts. C. S. L. C., c. 18, s. 2; 29 V., c. 52, s. 4. 3369. Any copy of the proceedings before the commis- Copies of prosioners, certified by the secretary of the commissioners, is held ceedings. prima facie to be authentic in any court of justice in this Province. 29-30 V., c. 36, s. 2. 3370. Every act of assessment prepared by a majority of Act of assessthe trustees or church-wardens in office, authorized to that ment may be made by maeffect by the commissioners, is as valid and effectual as if it had jority. been prepared by all and each of such persons. 29 V., c. 52, S. 4. SECTION II. ERECTION AND DIVISION OF PARISHES. § 1.-Canonical Erection of Parishes. 8371. Whenever in any of the following cases it is requir- A canonical ed: 1. To canonically erect any new parish; 2. To dismember or subdivide any parish; 3. To unite two or more parishes; decree may 4. To alter or modify the bounds, limits or division lines of ed in the ob any parish already erected; Or when, in any parish or mission, it is required to con struct : ject thereof. 1. A parish church; 2. A chapel; 3. A chapel of ease; 4. A sacristy, or other appurtenance of any such church or chapel ; 5. A parsonage house and the appurtenances thereof; 6. A cemetery, or to alter or repair the same, or any of them; |