portion thereof, unless the first purchaser shall have paid in the meantime the full amount of all rates and charges due thereon. XXIV. And be it enacted, That on payment by any purchaser under this Act of the sum declared to be demanded in respect of any lot or parcel of land so sold as aforesaid, the Secretary-Treasurer shall give him a Certificate under his hand specifying the particulars of such sale, and the purchaser may forthwith enter upon and take possession of such lot or parcel of land; but if within twelve calendar months from the time of such sale the proprietor of the lot, or any one on his behalf, shall pay to the Secretary-Treasurer the amount levied, together with twenty per centum in addition to the same, then he shall be entitled to receive possession of the lot or parcel of land so sold, and the Secretary-Treasurer shall on demand pay to the purchaser thereof, his heirs, assigns or representatives, the full amount received by him from the original proprietor, and the right acquired by such purchaser shall thenceforth wholly cease and determine. months. XXV. And be it enacted, That if, at the expiration of twelve calendar months If land is not refrom the time of such adjudication, the land so adjudged shall not be redeemed as deemed after 12 aforesaid, then the Secretary-Treasurer for the time being shall, on demand by the purchaser, his heirs, assigns or representatives, and on receiving from him or them the arrears of any other rates which may have become due thereon in the mean time, if not previously paid, execute a deed of sale in due form of law, to such purchaser, his heirs or legal representatives; and such deed of sale shall be a legal title, and shall confer on such purchaser, his heirs or legal representatives, the same rights in regard to such lot or parcel of land as a title ratified and confirmed by a Court of Law. XXVI. And be it enacted, That for the collection of all such rates, the SecretaryTreasurer shall be held and considered to be the owner and occupant of all lands upon which such rates shall be due, from the time when the same shall be advertised for sale until such rates shall be paid by the original proprietor, or until such lands or a portion thereof shall be sold for the payment of such rates, in the manner hereinbefore provided. XXVII. And be it enacted, That the fifty-second and the fifty-third Sections of the Sections 52 & 53 of said Act hereinbefore recited, shall be and are hereby repealed. Secretary-Treasurer to be considered owner, &c., of lands, for collection of rates, &c. 10 & 11 Vic. c. 7, repealed. Certain By-laws and procès-verbaux to enforced. XXVIII. And be it enacted, That all parties who before the passing of the Act first above cited, were bound by any Procès Verbal or By-law to perform labour on any Public Road, Bridge or Water Course out of their respective Municipalities, shall be and revive and to be continue to be bound to perform such labour according to the terms of such Procès Verbal or By-law, and to keep up, maintain, repair and construct anew such Public Road, Bridge or Water Course in such manner, and during such time, (or for ever, as the case may be,) as is directed in such Procès Verbal or By-law; and that for this purpose, the Council of the Municipality wherein the Public Road, Bridge or water Course on which such non-resident parties may be obliged by such Procès Verbal or By-law to perform labour, may be situate, shall have jurisdiction over such non-resident parties, and is hereby authorized to oblige them by all lawful means to perform their respective portions of labour, as if they were resident inhabitants of such Municipality; and for the purposes aforesaid, all such Procès Verbaux and By-laws as aforesaid, which under the provisions of the said fifty-second and fifty-third Sections had ceased to be in force, shall be and are hereby revived and shall continue in force until it be otherwise ordered by competent authority: Provided always, that the Council of any Municipality may make a Turnpike or Toll-road, or a Toll bridge of any Road or Bridge which would otherwise be made or kept in repair under any Procès Verbal, By-law or Law, by the inhabitants of some other Municipality; and that any Road or Bridge which before the passing of this Act, shall have been so made a Turnpike or Toll-road or Toll-bridge, shall remain such according to the provisions of the By-law in that behalf, notwithstanding the repeal of the sections aforesaid: Provided always, that nothing in this Section contained shall be construed to affect the Counties of St. Hyacinthe and Huntingdon. Proviso as to Roads, Proprietors of Bridges, &c., to maintain Roads leading thereto. Proviso. Fences may be taken down by Overseers for the purpose of winter roads. Proviso. Provisions respecting ferry licenses, and the same. Doubts as to By-laws of former Parish Councils removed. XXIX. And whereas accidents frequently occur on the roads leading from the main road to Bridges and Ferries, in consequence of the bad state in which such thoroughfares are kept: Be it enacted, That all proprietors or possessors of Bridges or Ferries shall be bound to keep in repair, and maintain all roads leading from the main roads to any such bridge or ferry, and which it shall be necessary to use in order to reach any such bridge or ferry; Provided always, that the most direct road leading from any such road to any city or market-town, and used as a post road or otherwise, shall be kept in repair and maintained by such parties resident within the Municipality within which the same shall be situate, as the Municipal Council of such Municipality shall deem proper to order. XXX. And be it enacted, That it shall be lawful for the Overseers in each Parish or Township, or the majority of them, at their annual meeting for determining upon and fixing the winter roads, to order the fences to be taken down along the by-roads where it may be necessary, for the said winter roads, and to cause them to be put up again as soon as possible after the winter season, in as good a state as they were previous to their being taken down; and such fences shall be taken down and put up again by the parties interested in the said Roads; Provided always, that it shall not be lawful for the said Overseers, or the majority of them, to cause to be taken down any palisade, whether made with rails or of stone, nor any quickset hedge. XXXI. And be it enacted, That licenses to ferry over any river or lake not being regulations respecting within the limits of any Municipality shall be granted by the Governor of this Province for the time being; and the Justices of the Peace, in General or Quarter Sessions, shall alone have power to grant Certificates and to make regulations relative to such ferries. XXXII. And whereas doubts have arisen as to certain By-laws of the former Parish or Township Councils: Be it declared and enacted that all By-laws made by the said Parish or Township Councils, or by any Committee of any Parish or Township Council, which shall not have been repealed nor amended by the Councils of Counties or of Divisions of Counties, have and shall have full force and effect and continue to have full force and effect until the same shall be repealed or amended by competent authority: Provided always, that nothing herein contained shall be construed in such manner as to give force and effect to any By-law which may have been informally or illegally made, passed or enacted by any such Council. How penalties shall be recovered. Provisions respecting XXXIII. And be it enacted, That all penalties imposed by this Act, shall be recovered in the manner provided by the Act first above recited. XXXIV. And be it enacted, That for all and every the purposes of the said first County of Megantic. recited Act and of this Act, the County of Megantic shall be divided into two Munici-. palities, subject to all the provisions of law in that behalf; and that to this end, it shall be lawful for the Governor in Council, in and by a Proclamation to be issued after the passing of this Act, to declare that the said Municipality of the said County of Megantic shall be dissolved from and after a day to be therein named, and the said Municipality, from and after such day, shall be dissolved and annulled: And it shall be lawful further for the Governor in Council, in the said Proclamation, to define the limits of the new Municipal Divisions of the said County of Megantic,-to designate the several Townships which shall form part thereof respectively, and the number to be assigned to each such Municipal Division,-to determine the places where the Municipal Councils of the said Municipalities respectively shall hold their meetings, and the days for the first election of Councillors, and to confirm or annul any By-law or By-laws now in force in the said Municipality of the said County of Megantic, and to make the same binding on both or either of the said two new Municipal Divisions,-and generally, in and by the said Proclamation, to make such other and further regulations and provisions as may by the Governor in Council be deemed necessary fully to carry into effect the said dissolution of the said Municipality of Megantic and the division thereof into two Municipalities as aforesaid. Parts of Act repug XXXV. And be it enacted, That every part of any Act or law repugnant to or nant to this, repealed. inconsistent with the provisions of this Act shall be and the same are hereby repealed. XXXVI. And be it enacted, That the Interpretation Act shall apply to this Act. Interpretation Act to apply, САР, CAP. XXXV. An Act to facilitate the holding of Courts of General or Quarter Sessions of the WH [10th August, 1850.] HEREAS difficulty is frequently experienced in procuring the attendance of Preamble. Magistrates at the General or Quarter Sessions of the Peace in Lower Canada at seasons when, from the pressure of business or other causes, such attendance would subject them to serious loss or inconvenience; For remedy thereof, 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 for and notwithstanding any One Circuit Judge thing to the contrary in any Act or Law, any Court of General or Quarter Sessions of may hold the Court. the Peace in Lower Canada, may be holden by any one Circuit Judge, or by any two Justices of the Peace of whom a Circuit Judge shall be one; but nothing herein contained shall be construed to impair or diminish the rights or powers of any Justice or Justices of the Peace, who may choose to sit or act in such Court, or his or their powers when so sitting and acting; or to prevent the said Court from being held by any two or more Justices of the Peace in the absence of a Circuit Judge. II. And be it enacted, That the General or Quarter Sessions of the Peace shall henceforward commence in the Cities of Quebec, Montreal and the Town of Three-Rivers, respectively, on the eighth day of January, on the fourth day of April, on the fourth day of July, and on the fourth day of October, of each year, and at no other time or times: Provided nevertheless, that if any of the said days be a Sunday or Holiday, the said Sessions shall commence on the next juridical day thereafter. Saving of rights of Justices. Periods for holding Quebec, Montreal and Proviso. Proviso. III. And be it enacted, That the terms of the General Sessions of the Peace for the Period for holding the District of Saint Francis shall hence forward commence at Sherbrooke, on the first same at Sherbrooke. day of February, and on the first day of October in each year, and not at any other time or times: Provided nevertheless, that if any of the said days be a Sunday or a Holiday the said Sessions shall commence on the next juridical day thereafter. IV. And be it enacted, That the said Sessions shall respectively continue and be Duration of such holden until the said Court shall declare the same closed, which shall not be done until Sessions. the Court shall be of opinion that there remains no trial, matter or proceeding to be had or done by or before it, which cannot more conveniently remain over until the then next Sessions. V. And be it enacted, That every writ, process, recognizance, or other document which is or shall be returnable into any of the said Courts of General or Quarter Sessions of the Peace, or by which any party shall be bound to appear or attend at any such Court, or any thing shall have been ordered to be done in or before any such Court on any day subsequent to the time when this Act shall come into effect, shall be returned into such Court, and shall be held and considered to be returnable or such party shall be held to appear or attend, or such thing shall be done in or before such Court on that juridical day of the Sessions of such Court, which shall be next after the day on which such writ, process, recognizance or document shall have been made returnable, or on which such person shall have been bound to appear or attend, or on which such thing shall have been ordered to be done. VI. And be it enacted, That the several Courts of Quarter or General Sessions of the Peace in Lower Canada may and shall make and establish a tariff of fees for the Officers of the said Court, and the Counsel, Advocates and Attorneys practising before such Courts respectively; and also such rules of practice as shall be requisite for regulating the conduct of the causes, matters and business before such Courts respectively; and all process and proceedings therein or relating thereto; which Tariff of Fees and 157 Rules As to return Writs, proceedings, &c, shall be in force. issued before this Act Courts of Q. S. may make Tariffs and rules of practice. Proviso. Courts of Q. S. may award costs by judgments on appeals. Rules of Practice, as well as any other Tariff of Fees or Rules of Practice which may have been established by any such Courts before the passing of this Act, the said Courts respectively shall have full power and authority to repeal, alter and amend from time to time: Provided always that no such Tariff of Fees or Rules of Practice shall be contrary to any Act or law in force in Lower Canada, otherwise the same shall be null and void. VII. And be it enacted, That it shall be lawful for any such Court of Quarter or General Sessions of the Peace, in pronouncing judgment upon any appeal from any inferior tribunal, to condemn the losing party to pay the costs of such appeal; which costs may be levied by warrant of distress out of the goods and chattels of such party. VIII. And be it enacted, That all and every summons, warrant or other process be served in any part issued out of any such Court of Quarter or General Sessions, may be served or executed in any part of Lower Canada, whether in or beyond the District wherein the same shall have issued. Process of Q. S. may of L. C. President of Q. S. may be appointed for Three-Rivers and St. Francis. Salary. Proviso. Powers of such Presidents. Courts may punish persons refusing to appear and give evidence. Proviso, Circuit Judges and Presidents only to tax costs, &c. Inconsistent enactments, &c., repealed, Interpretation Act to apply. Preamble. IX. And be it enacted, That for each of the Districts of Three-Rivers and Saint Francis, it shall be lawful for the Governor to appoint a fit and proper person to preside at or hold the Court of General or Quarter Sessions of the Peace in such District, and to assign to each person so appointed a salary not exceeding the rate of seventyfive pounds per annum : Provided always, that each person so appointed shall be a Barrister of at least five years standing, and each such person shall be a Justice of the Peace for the District for which he is appointed without its being necessary that he possess any property qualification whatever; any law to the contrary notwithstanding. X. And be it enacted, That each person so appointed as aforesaid, shall, in the District for which he is appointed, have in all respects as regards the holding of the Courts aforesaid, the same powers as are vested in the Circuit Judges in the other Districts of Lower Canada, and may alone, or with the assistance of one or more other Justices of the Peace, hold any such Court of General or Quarter Sessions of the Peace. XI. And be it enacted, That it shall be lawful for any such Court of General or Quarter Sessions of the Peace in Lower Canada, to punish by fine or imprisonment or both, any person who after having been duly summoned to appear and give evidence before any of the said Courts, shall refuse or neglect to comply with the order of the Court in that behalf, or any person who shall disobey or refuse or neglect to comply with any order or judgment legally made or pronounced by any such Court: Provided that no such fine shall in any case exceed the sum of twenty pounds, and that no person so offending shall, in consequence of such offence, be imprisoned for any time exceeding two calendar months. XII. Provided always, and be it enacted, That the Circuit Judges and the Presidents of the General or Quarter Sessions of the Peace to be appointed as aforesaid, shall alone have the power of taxing the accounts of witnesses attending at the Courts aforesaid, and who are to be paid by the Crown; and of swearing such witnesses to the correctness of their accounts. XIII. And be it enacted, That all such parts of any Act, Ordinance or Law as are inconsistent with or repugnant to this Act shall be and the same are hereby repealed. XIV. And be it enacted, That the Interpretation Act shall apply to this Act. CAP. XXXVI. An Act to amend the Act to define the mode of proceeding before Courts of Justice in WHEREAS it is expedient to amend in certain particulars the Act passed in the Twelfth year of Her Majesty's Reign, and intituled, An Act to define the mode of proceeding before the Courts of Justice in Lower Canada in matters relating to the protection and regulation of Corporate Rights and to Writs of Prerogative, and for other purposes therein therein mentioned: 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 Aet 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 all the powers vested by the first, eleventh, twelfth and fourteenth sections of the Act mentioned in the preamble to this Act, in any two or more Judges of the Superior Court in vacation, shall and may, in each of the Districts in Lower Canada, except the Districts of Quebec and Montreal, be exercised by any one of the Judges of the said Court in vacation; and all the provisions and enactments of the said Act having reference to the said powers, shall be construed and have effect accordingly. II. And be it enacted, That so much of the sixteenth section or of any other part of Provisions as to the said Act, as directs in what manner Writs of Certiorari shall be applied for and issued, certiorari repealed, and what proceedings shall be had thereon or with regard thereto, shall be and is hereby repealed; and the law with regard to applications for Writs of Certiorari, the proceedings thereon, and all matters incident thereto, shall be as it would have been if the said Act had not been passed: Provided always, that no part of the said section which exempts Proviso. parties suing out such Writs of Certiorari from the necessity of giving security, or which does away with the necessity of issuing Alias Writs, or which provides for the manner of making orders subsequent to the issuing of the first writ, or of making services and . returns, is or shall be repealed: and provided also, that costs shall be awarded to the party in whose favor judgment shall be given. III. Provided always, and be it enacted, That with regard to all Writs of Certiorari Exception as to writs issued between the time when the said Act came into force and effect and the passing issued before the of this Act, and to all proceedings thereupon and matters incident thereto, the provisions of the said Act shall apply as if this Act had not been passed. CAP. XXXVII. An Act to assign fixed Annual Salaries to certain Officers of Justice in Lower Canada, and to form a Special Fund out of the Salaries, Fees, Emoluments and Pecuniary Profits attached to their Offices. WH [ 10th August, 1850. ] ́HEREAS it is just and proper to form a Special Fund out of all the Salaries, Preamble. Fees, Emoluments and Pecuniary Profits attached to certain Offices connected with the administration of Justice in Lower Canada, and to assign Annual and Fixed Salaries to the Officers holding and filling such Offices: 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 this Act shall commence and be in force at and after the expiration of one month from the day of its passing. II. And be it enacted, That upon, from and after the day on which this Act shall commence, the Public Officers hereinafter mentioned shall respectively cease to have the right of demanding and receiving for their own use and benefit, the Salaries, Fees, Emoluments, and Pecuniary Profits whatsoever, which are now or may hereafter be attached to their respective Offices, that is to say: First.—The Sheriffs of the Districts of Montreal, Quebec, Three-Rivers and Saint Francis ; Second.-The Prothonotaries or Clerks of the Superior Court in the said Districts; Third. The Clerks of the Circuit Courts in the Circuits respectively called the Circuits of Quebec, Montreal, Three-Rivers and Sherbrooke ; 157* Fourth, Commencement of this Act. Public Officers who shall cease to receive account. fees on their own |