CHAP. 7. An Act for giving Appeals from Convictions or Orders of Justices of the Peace, in certain cases, to the County Court. [18th April, 1877.] HER [ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows :- A. D. 1877. from convictions or of the Peace. 1. Where a conviction or order is made by a Justice or Justices Provides for appeals of the Peace, or by a Police or Stipendiary Magistrate, under the to County Court, authority of any statute or law now or hereafter in force in British orders of Justices Columbia, and in respect to matters within the legislative authority of the Province of British Columbia, any party who considers himself aggrieved by the conviction or order may appeal therefrom to the County Court held nearest to where the cause of the information or complaint arose; and the proceedings on the appeal and preliminary thereto, and otherwise in respect thereof, shall be the same as the practice and procedure under the statutes of the Dominion then in force in the Province on an appeal to the County. Court from a conviction or order by a Justice of the Peace made under the authority of a statute of Canada, except that either party may call witnesses and adduce evidence not called or adduced at the original hearing. 2. This Act may be cited as the "Justices of the Peace Appeal Short Title. Act, 1877." CHAP. 8. An Act for the relief of Andrew Astrico, of Victoria. [18th April, 1877.] A.D. 1877. WHEREAS a petition has been lately presented to the Legislative Preamble. Assembly praying that a Bill should be passed for the purpose of authorizing the Council of the City of Victoria to give the said Andrew Astrico such relief as might be just, in respect of the grievances stated in his said petition, it being provided in the said Bill that the question, "whether such relief should be afforded or not should be determined by the Municipal vote of the ratepayers of the City of Victoria by ballot, and as provided by the 'Municipality Amendment Act, 1873;'" And whereas such Petition stated: A.D. 1877. City Council may pass By-law for compensating Andrew Astrico That in the month of June, A. D. 1872, the mail steamer "Prince Alfred" arrived in Royal Roads on one of her usual voyages from San Francisco having on board persons suffering from small pox, and her passengers, to the number of from 60 to 80, were placed in quarantine near Macaulay's Point. That Richard Lewis, Esq., then Mayor of the City of Victoria, and other members of the then City Council, agreed in their character of members of the Board of Health, under the Health Ordinance and By-Law, with the said Andrew Astrico to supply suitable necessaries for such persons during their continuance in quarantine, and the said Andrew Astrico accordingly supplied everything required, and incurred a large expenditure, relying on the said Board of Health or City Council for payment. Charles Morton and Sosthenes Driard had previously refused to contract for the purpose. That the Dominion Government in the year 1873 appointed the Honourable Mr. Justice Gray and the Honourable Wymond Hamley as arbitrators to determine the amount which the said Government should pay towards such expenses, and the said Andrew Astrico presented his claim, it being stipulated that this proceeding should not prejudice his remedy against any persons other than the said Government; but the said arbitrators awarded to him the sum of $1,782 only, which was wholly insufficient. That the said Andrew Astrico commenced proceedings against the said Board of Health or City Council, and the case was tried in May last, before a special jury in Victoria, and resulted in a verdict for Andrew Astrico for $2,673 over and above the said sum of $1,782. That such verdict had been set aside and judgment entered for the Defendants by the Supreme Court, on technical grounds, chiefly because in the opinion of the Court the City Council had no authority to incur that expenditure, whereby the said Andrew Astrico not only loses the said sum of money so awarded by the jury, but becomes liable to pay a large sum for costs. And whereas it is expedient that the prayer of such petition should be granted: Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows: 1. It shall be lawful for the said Council, notwithstanding such judgment of the Supreme Court, to pass a By-Law for the purpose of making compensation to Andrew Astrico out of their Municipal Funds in respect of his said claim, to such amount as they in their discretion shall think fit, not exceeding the amount of the said verdict and costs to be taxed. A.D. 1877. 2. Such By-Law shall not come into operation until it shall have Such By-law to be ratified by Municipal been submitted to and ratified by the Municipal vote, in the manner vote by ballot. as nearly as may be required by the "Municipality Amendment Act, 1873," in the case of a By-Law for the purpose of raising moneys not required for ordinary expenditure, and not payable within the same Municipal year, and such By-Law shall provide that such vote shall be taken by ballot as the Council in such ByLaw shall direct, and shall provide and settle the time and manner in which the said vote shall be taken accordingly. CHAP. 9. An Act to make Powers of Attorney valid in certain cases. WHER [22nd April, 1875.] A.D. 1875. HEREAS difficulties frequently arise as to titles to land and Preamble other property, by reason of conveyances or other instruments, and acts affecting the same, having been executed and done under the powers of attorney from absent persons, of whom it cannot be known whether they are alive, unmarried, bankrupt, or insolvent, or whether they may not have revoked such powers of attorney at the date of the execution of such conveyances or other instruments: Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows :— powers of Attorney. 1. Every power of attorney heretofore made or hereafter to be As to the duration made (whether the person making the same were or be at the of the validity of time of the making thereof within the Province or not) shall continue in force until the death, bankruptcy, insolvency, or (if a female) the marriage of the principal, or the revocation of such power shall have been filed as hereinafter mentioned, and every act within the scope of the powers and authority conferred upon him, which shall hereafter be done, performed, or submitted to by the attorney, after such death, bankruptcy, insolvency, marriage, or revocation as aforesaid, and before filing thereof as hereinafter mentioned, shall, in favour of any person who shall bonâ fide and without notice of such marriage, insolvency, bankruptcy, or revocation, have dealt with such attorney in the name of his principal, be as effectual in all respects as if such death, bankruptcy, insolvency, marriage, or revocation, had not happened or been made. A.D. 1875. evidence of authority of attorney. 2. In case any person shall have heretofore confirmed or shall hereafter confirm in writing, any conveyance, mortgage, deed, or Confirmation by principal conclusive other specialty, or simple contract in writing, purporting to be executed or signed by such person, by his attorney, or in case any person shall have heretofore confirmed or shall hereafter confirm in writing any act done, performed, or submitted to by his attorney, or by any person purporting to be such attorney, such confirmation shall be conclusive evidence of the sufficiency at law and in equity of the authority of such attorney to execute, sign, or do such conveyance, mortgage, deed, or other specialty, simple contract, or act, at the time of the making, executing, or doing thereof, without production or proof of any power of attorney. Filing of powers of attorney. Filing of revocations. Indices to be kept. No action to be brought for nonproduction when power has been filed. Penalty for destroy ing filed power of attorney. 3. It shall be lawful for any person who now is or shall hereafter be authorized by any power of attorney for any purpose whatsoever, to file the same, or a duly certified copy thereof, in the office of the Registrar-General of Titles, on payment of a fee of fifty cents. 4. The death, bankruptcy, insolvency, or (if a female) the marriage of the principal, or the revocation of any such power, shall be filed as next hereinafter mentioned, that is to say, a declaration by any person that the principal is married or dead, or has become bankrupt or insolvent, or a notice under the hand of the principal, or of some person authorized by him in that behalf, that he has revoked such power, shall be filed in the said office in the same manner as powers of attorney are directed to be filed under the provisions of the "Land Registry Ordinance, 1870," and shall be annexed to the power to which it relates. 5. The Registrar-General of Titles shall cause to be made an index of every power of attorney, declaration, and notice filed in his office, and such index shall be open to public inspection during office hours, on payment of fifty cents for every power, declaration, or notice that may be searched for, and the person paying the same shall be entitled to peruse the power, declaration, or notice in respect of which such fee shall have been paid. 6. After any power of attorney shall have been filed under this Act, no action or suit at law or in equity shall be brought or maintained upon any covenant or agreement, for the production of such power of attorney, and if any action or suit shall be so commenced, it shall be a sufficient answer thereto that such power has been filed under the provisions herein before contained. 7. Any person who shall wilfully efface, deface, mutilate, or destroy any power of attorney, declaration, or notice, respectively, which shall have been filed under the provisions of this Act, shall upon conviction thereof be imprisoned, with or without hard labour, for any term not exceeding eighteen months. [No. 24 of 1875, Sec. 1.] A.D. 1875. 8. This Act may be cited for all purposes as the "Power of Short title. Attorney Act, 1875." CHAP. 10. An Act to prevent the unauthorized Issue of Bank Notes and WHE [7th July, 1864.] THEREAS it is expedient to prevent the issuing of bank notes within the Colony of Vancouver Island, by any person or association of persons unauthorized by royal charter, or by an Act of the Legislature of the said Colony, or by this Act: Be it therefore enacted by His Excellency the Governor, on Her Majesty's behalf, by and with the advice and consent of the Legislative Council and Assembly, as follows : A.D. 1864. 1. That from and after the passing of this Act, no person or What Banks may association of persons, body corporate or politic, except banks issue notes. incorporated by royal charter, or authorized by an Act of the Legislature of Vancouver Island and its Dependencies, or actually issuing on or before the first day of January, One thousand eight hundred and sixty-four, promissory notes payable to bearer on demand, shall make or issue any bank note or bill in the form or nature of a bank note payable to bearer on demand, and purporting to be intended to pass as money. 2. All such notes as aforesaid, which may be issued by any bank where notes are to duly authorized thereto, under the provisions of this Act, shall bear bear date. date at the city, town, or place, at and from which the same respectively shall be made and issued; and the same respectively shall, in all cases, be payable in specie on demand, at the place of date, and also at the principal office in the Colony of the bank so issuing such notes; and the total amount of such notes in circulation shall not, at any one time, exceed the amount of the paid up capital of the bank so issuing such notes; and such bank shall, at all times, hold within the Colony a reserve in legal tender coin, not less in amount than one-third part of the total amount of notes so issued as aforesaid. surer and Colonial 3. That it shall be lawful for the Governor of the said Colony at Inspection of Books any time to authorize the Colonial Treasurer and Colonial Auditor, by Colonial Treaor such other two or more persons as he may think proper, to pro- Auditor, or other ceed to any banking establishment within the said Colony, issuing authorized persons. promissory notes payable to bearer on demand, and to call for and examine the books of such establishment, necessary to ascertain the |