but if it be measured or counted in order to determine the respective rights of any parties, it shall be measured or counted in the manner provided by this Act: Provided always that no lumber (except deals, planks and boards exported by the manufacturer thereof) arriving at the Port of Quebec after the first day of January one thousand eight hundred and forty four, shall be shipped for exportation by Sea from any place within the said Port above the Eastern end of the Island of Orleans, without its being first measured or counted in the manner prescribed by this Act, under the superintendence and control of the said Supervisor, under a penalty equal to double the market value, of each article of Lumber so illegally shipped, and such penalty shall be recoverable from the shipper of such timber Provided always, that no Lumber arriving at any of the shipping Ports of this Province after the first day of January, one thousand eight hundred and forty four, shall be shipped for exportation by Sea, from any part of the Port of Quebec within the limits aforesaid, without its being first measured in the manner required by this Act, under the superintendence or control of the said Supervisor, under a penalty equal to double the market value of each article of How reco- lumber so illegally shipped; and such penalty shall be recoverable from the owner or shipper, or from the master of the vessel on board which such lumber shall have been illegally shipped, in which latter case it shall, if not forthwith paid, be levied, as well upon the furniture, tackle and apparel of the Ship, as upon the goods and chattels, or other property of such master.

Penalty.

vered.

XXIV. And be it enacted, that it shall not be lawful for the Supervisor, or for any Culler, to buy or sell directly or indirectly, or be a dealer in or interested in buying or selling any article of Lumber, either on his own account, or on account of any other person whomsoever, under a penalty for each and every of fence not exceeding one hundred pounds, currency, nor less than fifty pounds, currency, and the forfeiture of his office.

XXV. And be it enacted, that if the Supervisor of Cullers, or any licensed Culler, or any Clerk or Assistant Measurer, employed by the Supervisor or by any Culler, shall at any time be found guilty of wilful neglect of his duty, or of partiality in the execution of his office, or of wilfully giving a false account or certificate of the article or articles of Lumber, submitted to his inspection, measure. ment or calculation, or of any other wilful neglect, or prevarication with regard to the duty they are respectively intended to discharge, he shall, for every such of fence, (on being convicted thereof,) forfeit and pay a sum not exceeding one hundred pounds, currency, and be dismissed from his office, and be for ever after incapable of holding or enjoying any such situation or employment.

XXVI. And be it enacted, that in the event of the departure from this Province, or the declared or known insufficiency, or the death of any of the sureties of the

Supervisor

Supervisor, or of any Culler, respectively, it shall be the duty of each, respectively, immediately to procure other sufficient sureties, and to enter into a bond as provided for in this Act, and in default of his so doing his appointment or license shall become null and void.

XXVII. And be it enacted, that if any person or persons shall unlawfully use or shall counterfeit, or forge, or procure to be counterfeited or forged, any stamp directed to be provided for use, in pursuance of this Act, or shall counterfeit or imitate the impression of the same on any article of Lumber, or shall knowingly, wilfully and fraudulently deface, obliterate or remove, any of the marks or letters, which may have been marked, burned, or imprinted in or upon any article of Lumber, after the same shall have been as aforesaid culled or measured, every such person or persons so offending, shall, on being thereof lawfully convicted before any Court of competent jurisdiction, incur and forfeit a penalty not exceeding thirty pounds, currency, or be imprisoned for a term of not more than three calendar months, in the discretion of the Court: Provided always, that Timber re-dressed whereby the first measurement and dimensions shall necessarily become altered, may be re-measured, according to the provisions of this Act, by a shipping Culler.

XXVIII. And be it enacted, that if any person or persons shall wilfully and unlawfully (with the intention to set adrift,) unmoor, by cutting or otherwise, any Timber, Masts, Spars, Staves, Oars, Handspikes, Plank or Boards, Boat, Batteau or Scow, or shall wilfully and unlawfully conceal any Lumber, Masts, Spars, Staves, Oars, Handspikes, Planks or Boards, Boat, Batteau or Scow, which having been adrift in any river or lake in this Province, shall be so found adrift or cast on shore in any part of such river or lakes, or any of them, and be saved,or shall wilfully and unlawfully, deface or add, any mark or number on such Timber, Masts, Spars, Staves, Oars, Handspikes, Plank or Boards, Boat, Batteau or Scow, so saved, or make any false or counterfeit mark thereon,—or shall unlawfully aid or assist in doing any such act as aforesaid, or shall refuse to deliver up to the proper owners thereof or person in charge of the same on behalf of such owner, any such article aforesaid,-such person or persons, being duly convicted thereof, on the oath or complaint of one or more credible person or persons, before any two Justices of the Peace for any part of this Province, shall forfeit and pay a sum not exceeding fifty pounds, currency, nor less than five pounds, currency, for each offence; and one moiety of such penalty shall go to Her Majesty, and the other moiety to the informer or prosecutor, and the offender shall and may be imprisoned until such forfeiture be paid, but no such imprisonment shall for any first offence exceed three calendar months; and if any person be a second time convicted of any such offence, such person may be committed to the

common

Rafts to have

common Gaol of the District wherein such conviction shall be had, there to remain for and during the space of twelve calendar months.

XXIX. And be it enacted, that it shall be imperative on the owners or conbright fires at ductors of Rafts, to have bright fires kept burning during the night, while drifting night. on any of the navigable rivers, in this Province, on pain of being subject to pay a penalty not exceeding ten pounds, currency, upon conviction before any two of Her Majesty's Justices of the Peace.

Penalties, how recoverable.

XXX. And be it enacted, that all the penalties, fines and forfeitures, by this Act imposed, shall be sued for, (except where otherwise provided for) within twelve months after the fact committed, and not afterwards, either in term time, before any of Her Majesty's Superior Courts of Record, or before any other Court having Civil Jurisdiction to the amount of the penalty, fine or forfeiture within the District wherein the offence shall have been committed, or in vacation before any Justice or Judge of such Court, in a summary manner, and shall also be recoverable, with costs, in the same manner as other debts of the same value are recoverable in this Province, by Bill, Suit, Plaint or Information; and one moiety of all such penalties, fines and forfeitures, (except such as are hereinbefore otherwise applied) shall be forthwith paid over to the Receiver General, and shall form And how dis- part of the Consolidated Revenue Fund of this Province, and shall be accounted for to Her Majesty, Her Heirs and Successors, through the Lords Commissioners of Her Majesty's Treasury for the time being, in such manner as Her Majesty, Her Heirs and Successors shall direct, and the other moiety shall belong to the party aggrieved, or to the informer or person who shall prosecute or sue for the

posed of.

Time within which actions

same.

XXXI. And be it enacted, that any person who shall assault any Culler in the execution of his duty under this Act, or shall by threats, menaces or by violence, impede or prevent any Culler from the performance of his duty, such person upon being duly convicted thereof before any one of Her Majesty's Justices of the Peace, upon the oath of one credible witness, shall incur a penalty of five pounds, sterling money of Great Britain, and in default of payment shall forthwith be committed to the Common Gaol, there to be detained for the space of fifteen days, unless he shall sooner pay such penalty.

XXXII. And be it enacted, that if any Action or Suit shall be commenced for things done against any person or persons, for any thing done in pursuance of this Act, such of this Act Suit or Action shall be commenced within the space of twelve Calendar months next after the offence shall have been committed, and not afterwards; and the defendant or defendants in such Action or Suit may plead the general issue, and

in pursuance must be brought.

give this Act and the special matter in evidence at any trial to be had thereupon, and that the same was done in pursuance and by the authority of this Act; and if it shall appear so to have been done, then judgment shall be given or a verdict found for the defendant or defendants; and if the plaintiff shall be nonsuited or shall discontinue his Action after the defendant or defendants shall have appeared, or if judgment shall be given against the plaintiff, the defendant may and shall successful recover costs, and have the like remedy for the same as defendants have in other cases by law.

XXXIII. And be it enacted, that in case the Board of Examiners mentioned in this Act, or the Quebec Board of Trade, shall at any time refuse or neglect to comply with any of the requirements of this Act, it shall be lawful for the Governor of this Province, by and with the advice and consent of the Executive Council thereof, and on the complaint of the Supervisor of Cullers, to make any appointment which the said Quebec Board of Trade ought to have made, or to appoint any other persons to perform the duty which the said Board of Examiners ought to have performed.

XXXIV. And be it enacted, that this Act shall commence and have force and effect, upon, from and after the first day of January, in the year one thousand eight hundred and forty-four.

Defendant if have costs.

to

CAP. XXVI.

An Act for securing the Province against any unnecessary loss on the judicial sale of certain parts of the vacant estate of the late Honorable Sir John Caldwell.

WH

[16th November, 1843.]

Preamble.

cited.

HEREAS, on the twentieth day of October, one thousand eight hundred and twenty-five, a judgment was rendered by the Honorable the Court of King's Bench for the District of Quebec, in favor of His late Majesty King Judgment reGeorge the Fourth, against the Honorable Sir John Caldwell, Baronet, (then the Honorable John Caldwell, Esquire,) formerly Receiver General of the late Province of Lower Canada, for the sum of ninety-six thousand, one hundred and seventeen pounds, thirteen shillings, and one penny and one half-penny, sterling money of Great Britain, equal to the sum of one hundred and six thousand, seven hundred and ninety-seven pounds, six shillings and eight pence, current money of the said late Province, being the balance of certain public monies of the said late Province then remaining unaccounted for in the hands of the said Honorable Sir

DD

John

Judgment reeited.

John Caldwell, in his quality of Receiver General, as aforesaid: And whereas, on the nineteenth day of April, one thousand eight hundred and twenty-six, a certain other judgment was rendered by the said Court, in favor of His said late Majesty King George the Fourth, and against the said Honorable Sir John Caldwell, Baronet, (then the Honorable John Caldwell, Esquire,) as sole heir at law of the late Henry Caldwell, Esquire, deceased, for the sum of seven thousand eight hundred and eighty-one pounds, eight shillings, and nine pence and onefa rt hing, current money of the said late Province, with interest from the first day of January, one thousand eight hundred and twenty-three, for certain other public monies then remaining unaccounted for in the hands of the said Honorable Sir John Caldwell; and whereas the said Honorable Sir John Caldwell, on or about the twentyDeath of Sir sixth day of October, one thousand eight hundred and forty-two, departed this John Caldwell. life, to wit, at the City of Boston, in the State of Massachusetts, one of the United States of America, leaving as his lawful heirs and personal representatives, Sir Henry John Caldwell, of the City of Quebec, Baronet, and Graham John Eden, Henry Noel Eden and William Thomas Eden, in right of the late Ann Caldwell, their Mother, deceased, that is to say, the said Sir Henry John Caldwell, Baronet, as being the only Son of the late Honorable Sir John Caldwell, issue of the marriage between him and the late Jane Davidson, deceased, his Wife; and the said Graham John Eden, Henry Noel Eden and William Thomas Eden, being as aforesaid, heirs of the said late Ann Caldwell, issue of her marriage with John Eden, then of the City of Montreal, Esquire, the said Ann Caldwell, having been the only daughter of the said late Honorable Sir John His Succes Caldwell, issue of his said marriage; And whereas, on the twentieth day of January last past, the said Sir Henry John Caldwell, Baronet, in due form of law, renounced the estate and succession of the said late Honorable Sir John Caldwell, Baronet, by deed before Tétu and his Colleague, Public Notaries, at Quebec, bearing date the day and year last aforesaid, and on the same day and year the said John Eden being the Tutor in due form of law appointed to the said Graham John Eden, Henry Noel Eden and William Thomas Eden, minors under the age of twenty-one years, acting on their behalf and duly authorized so to do, renounced the estate and succession of the said late Honorable Sir John Caldwell, Baronet, by deed before Terroux and his Colleague, Public Notaries, at Montreal, bearing date the day and year last aforesaid, whereby the said estate and succession became vacant; And whereas afterwards, to wit, on the eleventh day of February last past, Antoine Archange Parent, of the City of Quebec, Esquire, Notary Public, was in due form of law appointed Curator to the said vacant estate declared exe- and succession; And whereas, on the ninth day of June last past, upon informacutory against tion duly filed on behalf of Her Majesty, a certain other Judgment was rendered by the said Court in favor of Her Majesty, by which it was considered and adjudged by the said Court, that the said Judgment so as aforesaid rendered by the

sion renouneed.

Judgments

the Curator to

his Vacant Estate.