during the preceding year in their respective districts distinguishing the number of males baptized and buried from that of females, and classing them by parishes or seigniories and townships, or reputed townships or settlements not comprehended in any parish, seigniory or township, and by counties, agreeably to the form prescribed for that purpose in the schedule to this Act; which triplicate statement and returns, the said Prothonotaries shall respectively, within fifteen days after the Governor at a time by this Act appointed for delivering the said Registers into their respective offices, lay before the Governor, and before the other two branches of the legislature, if the same be in session, if not, then within the first six days after the meeting of the ensuing session thereof. 6 G. 4, c. 8, s. 1.

Such state-
ments to be

laid before the

certain time.

20. For the said service, the said Prothonotaries respectively shall be entitled to a compensation not exceeding the following rates, that is to say --for examining the registers in order to prepare the statement and returns aforesaid,-one dollar per register; and for the draft and copy of the said general statement and return of the district, according to the form in the schedule, accompanied by and including the parochial, township, settlement and county returns,-eight dollars and for each additional copy of such general statement and return of the district, accompanied by and including the said parochial, township and county returns,-four dollars; which compensation shall be paid from and out of any unappropriated moneys of the province, under warrants to that effect directed by the Governor to the Receiver General of the province. 6 G. 4, c. 8, s. 2.

SCHEDULE.

General Statement and Return of Baptisms, Marriages and Burials, in the District of

CAP. XXI.

An Act respecting Interments and Disinterments.

ER Majesty, by and with the advice and consent of the
Legislative Council and Assembly of Canada, enacts as

follows:

INTERMENTS.

1. No deceased person shall be interred until after the expi- Interments not ration of twenty-four hours at the least from the death of such to take place till twenty-four person, under a penalty of twenty dollars, upon every person hours after in any way concerned or assisting, or taking part in, or being death. knowingly present at such interment :

however to be

2. But nothing in this section contained shall be construed Regulations of to interfere with the observance of any Regulation made in this Board of Health behalf by any Board of Health in pursuance of chapter thirty- observed. eight of the Consolidated Statutes of Canada. 16 V. c. 174, s. 3.

DISINTERMENTS.

2. On a petition being presented to any Judge of the Supe- Judge may, on rior Court, either in term or in vacation, by any person praying petition and for leave to disinter a body or bodies buried in any Church, order for disinproof, make Chapel or Burial-ground, with a view to the erection, repair or terments. alienation of a Church, Chapel or Burial-ground, or with a view to re-interment in another Church, Chapel or Burial-ground, or to the reconstruction or repair of the tomb or coffin in which a body has already been buried, and indicating, in the case of a proposed removal of any body or bodies, the Burial-ground or the Church or Chapel, to which it is proposed to effect the removal, and on proof being made on oath to his satisfaction of the truth of the allegations contained in such petition, such Judge may ordain that the body or bodies shall be disinterred as prayed for :

be sufficient

2. Such order, sealed with the Seal of the Superior Court, Such order to and signed by the Prothonotary, being duly served upon or authority for presented to the person owning or having the legal charge or such disintercustody of such Church, Chapel or Burial-ground, shall be a ment. sufficient authority for the disinterment prayed for, and shall save harmless every person concerned or taking part in any such disinterment; 16 V. c. 174, s. 1.

2. The body of any person who died of a contagious disease In case of death shall not be disinterred until after the expiration of three years from contafrom the interment of such body. 16 V. c. 174, s. 2.

gious disease.

3. Whenever it is determined by competent authority of the Bodies may be Roman Catholic Church in Lower Canada to remove any old moved from an

old to a new

burial ground,

permission being obtained

from a Judge.

Parish priest or church-wardens to keep a register of

burial ground, or to open a new burial ground, within any parish or mission of that Church, any Judge of the Superior Court may, on a petition being presented by the parish priest or missionary, and by the majority of the church-wardens of the Roman Catholic Church or Congregation to which such old burial ground belongs, or to whose use it is applied, grant them a permission to cause or to allow all or any of the bodies buried in such old burial ground to be removed to such new burial ground. 19, 20 V. c. 57, s. 1.

4. Such parish priest, missionary or church-wardens, as the case may be, shall cause a register to be kept of all bodies removed from such old burial ground, shewing, as far as may bodies removed. be possible, the names and surnames of the deceased whose bodies are so removed, and also the names and surnames of those requiring such removal, or that they were removed by order of such priest or missionary, and of the church-wardens of such church or congregation. 19, 20 V. c. 57, s. 2.

Register to be certified.

Application for disinterment to be accompa

5. Such register shall be certified by such priest or missionary ministering to the church or congregation to which such old burial ground belongs. 19, 20 V. c. 57, s. 3.

6. No application made to any such priest or missionary, or such church-wardens, for the removal of any particular to any nied by adida- body, shall be granted, unless accompanied by an affidavit as required by the second section of this Act. 19, 20 V. c. 57, s. 4.

vit.

How the affidavit shall be sworn to.

7. Such affidavit may be sworn to before a Judge or Commissioner for receiving affidavits, or before the priest or missionary, or before any of the said church-wardens, all of whom are hereby empowered to administer the requisite oath. 20 V. c. 57, s. 5.

19,

Authority of 8. Before proceeding to any disinterment in any burial R. C. Bishop required for dis- ground under this Act, permission to that effect shall be obtained from the Superior Ecclesiastical authority of the Roman Catholic Diocese in which the same is situate. 19, 20 V. c. 57, s. 7.

interment.

sions.

Application of 9. The expression "burial ground" shall apply to any porcertain expres- tion of a burial ground to be removed as aforesaid ;---and the words "church-wardens" shall include any officers of a Roman Catholic Church or Congregation having the management of its burial ground, by whatever name they may be known. 20 V. c. 57, s. 6.

19,

CAP.

CAP. XXII.

An Act respecting good order in and near places of
Public Worship.

ER Majesty, by and with the advice and consent of the
Legislative Council and Assembly of Canada, enacts as

follows:

1. In this Act, the word "church" means and includes any "Church," meaning of church, chapel or other building or place used for public word in this worship.

Act.

dens to main

2. It shall be the duty of the church-wardens in office in Church-wareach parish or settlement of Lower Canada, to maintain good tain good order, order in and about the church of such parish or settlement, as and to prosewell within as without each church, and in the public hall cute offenders. attached or adjacent to the parsonage house or presbytery, as also in the roads or public places adjoining the same, and to enforce this Act, and to prosecute offences committed against the same; and every church-warden who refuses or neglects to Penalty. perform the duties so imposed upon him in his capacity aforesaid, shall incur for every neglect or refusal a penalty not less than two dollars, and not exceeding eight dollars. 7 G. 4, c. 3, s. 2.

or behaving ir

church-war

dens.

3. Any person who causes any disturbance in the church, Persons causin any parish or settlement, during divine service, or in any ing disturbance wise indecently or irreverently conducts himself in or about reverently to such church, or resists the church-wardens, or any person in the be arrested by execution of the duties imposed on him by this Act, or insults them or any of them, shall be forthwith arrested by any of the said church-wardens, or by any constable or peace officer, and be conducted before a justice of the peace; and upon the oath of any such church-warden, constable or peace officer, or of any one credible witness, that such person has caused any such disturbance, or conducted himself indecently or irreverently, or otherwise misdemeaned himself as aforesaid, or on confession of the offender, the said justice of the peace shall fine Penalty. such person in a sum not exceeding eight dollars, nor less than one dollar; and if such person is unable forthwith to pay such fine, he shall, by warrant under the hand and seal of such justice, be committed to the common gaol of the district where the offence was committed, there to remain for the space of fifteen days, unless such fine be sooner paid:

churches to be

2. Any person who remains or loiters without any such Persons loiterchurch or place used for public worship, or in the highways ing in or about and public places adjacent thereto, or in the public hall at- arrested. tached or adjacent to the parsonage house or presbytery, or who so remaining and loitering without the said church, or in the highways and public places adjacent thereto, doth, upon

10

being

Penalty.

Officers of Militia to have powers of church-war

being directed to retire or to enter the said church during divine service, refuse or neglect so to do, shall be arrested by any or either of the said church-wardens, and be conducted before a justice of the peace; and on oath made by such churchwardens or either of them, or of one or more credible witness or witnesses, that such person hath loitered without any such church, or hath refused, in manner aforesaid, to retire or to enter such church, or on confession of the offender, such justice of the peace shall fine such person in a sum not exceeding four dollars, nor less than one dollar; and if such person is unable forthwith to pay such fine, he shall, by warrant under the hand and seal of such justice, be committed to the common gaol of the district where such offence was committed, there to remain for the space of eight days, unless such fine be sooner paid. 7 G. 4, c. 3, s. 3.

4. All officers and sergeants of militia, and other peace officers in each parish, seigniory, township or settlement or other extra-parochial place, shall have the same powers as those dens under this delegated to the church-wardens by this Act, in the execution of the duties imposed upon them by this Act. Ibid, s. 5.

Act.

Persons loiter

in taverns during Divine Service.

5. Every officer and non-commissioned officer of militia, or ing or tippling other peace officer, shall cause to be arrested and carried before any justice of the peace, every person whom he finds on any Sunday or holiday, during divine service, loitering or tippling in any house of public entertainment, or in any place of public resort, whether within doors or in the open air, where any ale, wine, spirits or strong drink are sold or distributed on a Sunday, or holiday, during divine service as aforesaid, within the limits of his parish or settlement, and also every person whom he finds cursing and swearing or provoking to fight, drunk, or using violence in the streets, highways or other public places, and such person so conducted before such justice of the peace, may be condemned to pay a fine not exceeding four dollars, nor less than one dollar; and if such person is unable to pay such fine forthwith, he shall be committed, by warrant under the hand and seal of such justice, to the common gaol of the district in which such offence was committed, there to remain for the space of eight days, unless such fine be sooner paid. Ibid, s. 6.

Penalty.

Penalty on persons riding or driving fast

6. Any person attending at, as well in going to as returning from divine service at any such church, who, on approaching near churches. to or returning from the same, within the distance of ten arpents therefrom, drives, whether on horseback, or in a carriage, at any faster faster pace than a slow and moderate trot, shall, for every such offence, incur a penalty not exceeding two dollars, no less than one dollar. Ibid, s. 7.

Constables may

7. Any two justices of the peace, on the request of the be appointed to church-wardens or any rector or priest officiating in any church

с