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ANNO DECIMO ET UNDECIMO

VICTORIE REGINÆ.

CAP. XVII.

An Act to exempt the property of the Crown from Local Rates and Taxes in Lower Canada.

[ 28th July, 1847. ]

WH

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HEREAS by the Laws of that portion of the Province formerly the Province of Preamble. Upper Canada, all property held by or in trust for the Crown is exempt from Local Taxes and Assessment, and it is expedient that such property should be so exempt in that portion of the Province formerly Lower Canada: 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 aud Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, That from and after the passing of this Act, so much of the sixty-second section, or of any other part of the Act of the Legislature of Lower Canada, passed in the thirty-sixth year of the Reign of King George the Third, and intituled, An Act for making, repairing, and altering the Highways and Bridges within this Province, and for other purposes,' or of any other Act or Law in force in that portion of this Province formerly the Province of Lower Canada, as authorizes the imposing of any Local Rate or Tax on any property belonging to Her Majesty, or held in trust by any Officer or party for the use of Her Majesty, or the demand of any sum of money as commutation for any Statute or other labour on any highway in respect of such property, or the performance of such Statute labour, or the payment of any such Rate or Tax imposed on any such property out of the public moneys of this Province,-shall be and is hereby repealed; and hereafter all such property as aforesaid, in whatever part of this Province the same shall be situate, shall be exempt from all Local Rates or Taxes, Statute or other labour on any highway, or commutation for the same, any Act or Law to the contrary notwithstanding; Provided always, that any arrears of such Rates or Taxes accrued and payable in Lower Canada before the passing of this Act, may be paid as if this Act had not been passed.

MONTREAL :-Printed by STEWART DERBISHIRE & GEORGE DESBArats,
Law Printer to the Queen's Most Excellent Majesty.

sition of local taxes on

Crown proper

ty repealed.

Such property to be hereafter all local rates

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ANNO DECIMO ET UNDECIMO

VICTORIE REGINE.

CAP XVIII.

An Act to extend the Provisions of the Marriage Act of Upper Canada to
Ministers of all denominations of Christians.

WH

[ 28th July, 1847. ]

Preamble. Act of U. C. 36, cited.

11 Geo. 4. c.

HEREAS divers inhabitants of that part of the Province called Upper Canada, of various Religious Denominations of Christians not enumerated in the third Section of an Act passed by the Legislative Council and Assembly of the late Province of Upper Canada, in the eleventh year of the Reign of His late Majesty, King George the Fourth, and assented to by His late Majesty, King William the Fourth, in the first year of His Reign, intituled, An Act to make valid certain Marriages heretofore contracted, and to provide for the future solemnization of Matrimony in this Province, have, by their Petitions, prayed that their respective Ministers may be authorized to solemnize Marriages; and it is just and expedient to grant the prayer of such Petitions: 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 all the powers, Powers grantprivileges and advantages by the Act first above cited conferred upon or vested in any ed by the said Clergyman or Minister of any of the several Religious Denominations mentioned in the third section of the said Act shall be and the same are hereby conferred upon and vested in any Clergyman or Minister of any Religious Denomination of Christians whatever, as fully and effectually to all intents and purposes, and on the same conditions and restrictions, and subject to all the penalties imposed by the said Act for any contravention of the provisions thereof, as if such Religious Denomination of Christians had been among the number of the Religious Denominations mentioned in the said third Section.

ters of certain

denominations, extended to

Ministers of

all denomina

tions of Chris

tians.

ditions Minis ters shall be

entitled to

such powers.

II. And be it enacted, That no Clergyman or Minister of any of the several Religious On what conDenominations mentioned in the third Section of the said recited Act, or of those to whom this Act refers, shall be entitled to the benefit of either of the said Acts unless he be a subject of Her Majesty, and shall have taken the oath or affirmation of allegiance before the Registrar of the County in which he shall officiate as such Clergyman or Minister, which oath or affirmation, the said Registrar is hereby authorized and required to administer, and unless he shall also at the time of taking such oath or affirmation as

Oath of alle

giance.

Certificate of appoint

ment to the

Ministry.

Registrar to keep a record of the taking of such oath

aforesaid, produce to such Registrar evidence of his being a recognized Clergyman or Minister of the Religious Denomination to which he professes to belong, which evidence shall consist of a Certificate from the Bishop, Moderator of Presbytery, Clerk of Conference, Church-wardens, Trustees or Managers, as the case may be, of the body to which such Clergyman or Minister may belong, that he is a recognized Clergyman or Minister of such Denomination, and has been set apart according to the rules and discipline of such Denomination, as a recognized Minister thereof, and the said Registrar is hereby authorized and required to grant to such Clergyman or Minister, a Certificate of his having conformed to the provisions of this Act.

III. And be it enacted, That the said Registrar shall keep a Registry of such oaths or affirmations of allegiance and certificates, and of Certificates by him granted thereupon, in which shall be entered true copies of the same, and for all of which he shall of allegianco. be entitled to the sum of five shillings.

This Act not

IV. And be it enacted, That nothing in this Act shall affect in any way the authoto affect per rity to celebrate Marriage now vested in any person under the provisions of the above recited Act.

tled to cele

brate marriage.

It shall here

after not be

requisite for any Minister

V. And be it enacted, That from and after the passing of this Act, it shall no longer be necessary for any Clergyman or Minister of any of the Denominations mentioned in the said recited Act, to give proof of his ordination, constitution or appointment as fore the Court such Minister, before any Court of Quarter Sessions according to the requirements of that Act, or to obtain any certificate from such Court, but his compliance with the provisions of this Act shall to all intents and purposes be equivalent to the same.

to appear be

of Quarter

Sessions, &c.

This Act to

VI. Provided always, and be it enacted, That this Act shall extend only to that part extend only to of this Province which formerly constituted the Province of Upper Canada. Upper Canada.

MONTREAL :-Printed by STEWART DERBISHIRE & GEORGE DESBARATS,
Law Printer to the Queen's Most Excellent Majesty.

ANNO DECIMO ET UNDECIMO

VICTORIÆ REGINÆ,

CAP. XIX.

An Act for amending the Common School Act of Upper Canada.

WE

[ 28th July, 1847. ]

HEREAS it is expedient to make further provision for the better establish- Preamble. ment and maintenance of Common Schools in the Cities and incorporated Towns, and in the several Municipal Districts of Upper Canada: 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 each incorporated City and Town in Upper Canada shall be a Corporation for all Common School purposes, and the Council of each City and the Board of Police of each incorporated Town, shall be invested with all the authority and subject to all the obligations, in respect to all matters relating to the interests of Common Schools in such City or Town, as is now, or may be hereafter conferred by law upon the Municipal Council of each District in Upper Canada; subject to such modifications and regulations as are hereinafter provided for by this Act.

II. And be it enacted, That it may and shall be lawful for the Council of each City and the Board of Police of each Town aforesaid to appoint at its next, or any ensuing meetiug after the passing of this Act, by a By-law or vote of a majority of its members present at such meeting, a Board of Trustees not exceeding six in number, three of whom shall form a quorum for the transaction of business: Provided always, that one third of the members of such Board thus appointed shall retire from office at the end of each year; the order of their retiring to be determined by lot, and their places filled by such Council or Board of Police; so that all the members of such Board shall be changed once in three years: Provided also, that any member of such Board, on the expiration of his period of office, shall be eligible to be re-appointed: Provided also, that, in addition to the number thus appointed, the Mayor of such City, or the President or Chairman of such Board of Police, shall be, ex officio, Chairman of the Board of Trustees, and shall have a vote in all the proceedings of such Board, and in case of an equality of votes shall have a second or casting vote; Provided likewise, that, in the absence of such Mayor or President or Chairman, the Board at any lawful meeting shall have authority to select from its own members a Chairman pro tempore, and

provided

The Council of each City and rate to have

Town corpo

the powers of
the District

Council within
Town for

such City or

Common School purpo

ses.

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