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ANNO REGNI DECIMO ET UNDECIMO
DEI GRATIÂ BRITANNIARUM REGINÆ.
HIS EXCELLENCY THE RIGHT HONORABLE
JAMES, EARL OF ELGIN AND KINCARDINE,
BEING THE THIRD Session OF THE SECOND PROVINCIAL PARLIAMENT
An Act to enlarge the powers of the Trinity House of Montreal, in certain cases where the public health of the City may be endangered.
[ 9th July, 1847. ]
TYTHEREAS by the sixth section of the Ordinance of the Legislature of Lower Preamble.
Canada, passed in the Third Session held in the second year of Her Majesty's Reign, and intituled, An Ordinance to suspend in part certain Acts therein mentioned, Ordin and to establish and incorporate a Trinity House in the City of Montreal, no fine or Vict (3) c. 19.
cited. penalty can be imposed under any By-law to be passed by the Master, Deputy Master and Wardens of the Trinity House of Montreal, and sanctioned and confirmed by the Governor, Administrator, or person administering the Government, exceeding Ten Pounds, currency, and it is expedient that higher penalties should be imposed in the cases hereinafter 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 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 the said Master, Deputy Master and Wardens, or The Corporaany three of them, of whom the Master or Deputy Master shall be one, may and they not the are hereby empowered to impose and lay any fine or penalty not exceeding Five Hun- of Montreal
empowered to dred pounds, currency, upon all and every person or persons guilty of infringing any im By-law sanctioned by the Governor in Council, which shall hereafter be passed by nalty of £500
on persons in them, (or any three of them, of whom the Master or Deputy Master shall be one,) fringin for regulating, within the jurisdiction ofthe said Trinity House, the number of Emigrants By-law to bc
passed for re- · and Passengers other than Cabin Passengers, to be carried at any one time, by any guiating the Steamboat or Vessel impelled by steam or otherwise, or the hours, place and manner
and landing at and in which such Emigrants or Passengers shall be landed in the Port or Harbour of emigrants,
within their of Montreal; and such penalty shall be recoverable with costs in a summary manner, À upon the oath of one credible witness, on the information of the Corporation of the said Trinity House, or any Officer thereof, before any one of Her Majesty's Justices of the Court of Queen's Bench for the District of Montreal in Chambers, or before any Justice of the Peace for the said District, who shall summon the party defendant to appear before him on the same day he shall be served with the sucumons, or on any subsequent day, and may, on such evidence as aforesaid, convict any party making default to appear ; and the penalty, if not paid immediately on conviction, shall be
Mode of recovo enforced by the seizure and detention, on the warrant of such Justice or Judge, of the ering and levying such pen- Steamboat or Vessel by the Master, owner or person in charge whereof or by means or
in respect whereof such By-law as aforesaid shall have been infringed, and all tackle and apparel thereof; and if the said penalty and the costs (including the costs of seizure and detention, all which shall be taxed by such Justice or Judge) be not paid within ten days after such seizure, the Steamboat or Vessel may be sold (on such war
rant as aforesaid) and the said penalty and costs, and those of the sale, paid out of the Proceodings proceeds thereof, and the surplus, if any, shall be returned to the owner : nor shall any not to be ro
information or proceeding under such By-law and this Act, be removeable by Certiorari, or otherwise, into any Superior Court, nor shall any appeal lie from any conviction,
judgment or order made in any such case as aforesaid : and all such penalties as aforeApplication
said shall belong to Her Majesty for the public uses of the Province; any thing in the of penalties.
aforesaid Ordinance to the contrary notwithstanding.
Duration of this Act.
II. And be it enacted, That this Act shall remain in force during four months from the passing thereof, and no longer, except as to any penalty incurred under it before that time, with regard to which it shall remain in full force and effect.
MONTREAL :-Printed by STEWART DERBISHIRE & GEORGE DESBARATS,
Law Printer to the Queen's Most Excellent Majesty.
[ 9th July, 1847. ]
TTHEREAS it is expedient to explain the provisions of the Act passed in the Preamble.
last Session of the Provincial Parliament, and intituled, An Act to authorize 9 Vict. c. 74. the raising of the remainder of the Loan guaranteed by the Imperial Parliament, in so cited. far as regards the issuing of the Debentures in the said Act mentioned : Be it therefore declared and 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 declared and enacted by the authority of the The money same, That it is and shall be lawful for the Governor in Council to cause the Deben- the said Act
mentioned'in tures in the said Act mentioned, to be issued, or the sum to be raised under the said may be raised
in such mode Act to be raised and borrowed, in such manner and form, in such place, (whether as Her Majeswithin or without this Province,) and by such persons or officers as Her Majesty shall 13
point. be pleased to appoint in that behalf.
11 ty shall ap
II. And in order to avoid all doubt as to the provision for paying off the debt con- Recital. tracted or to be contracted under the authority of the said Act or of the Act therein mentioned, passed in the sixth year of Her Majesty's Reign, and intituled, An Act to Act 6 Vict. authorize the raising by way of loan in England, the sum of one million five hundred C. 8, cited, thousand pounds sterling, for the construction and completion of certain Public Works in Canada, Be it declared and enacted, That it is and shall be lawful for the Gover- Governor in
Council may nor in Council to set apart yearly, in the year one thousand eight hundred and forty- set apart a nine, and in every year thereafter until the whole amount of the said debt shall be paid sum yearly as
a sinking fund off, such sum of money out of the Consolidated Revenue Fund of this Province as shall to pay of the be equal to four per centum on the total amount of the said debt, and to apply the debt. same as a sinking fund for paying off the said debt, in such manner as the Governor in Council shall deem most advisable; and such sum shall form the seventh charge on Order of the said Consolidated Revenue Fund, and shall be next in order after the six charges charge of such made upon the same by the Imperial Act aforesaid, intituled, An Act to re-unite the Consolidated Provinces of Upper and Lower Canada, and for the Government of Canada.
the said shall deem motor paying