Limitation of

actions for

things done

under this Act.

General issue

may be plead

ed, &c.

Commence ment of this Act.

Preamble.

Savings Banks established

XXIII. If any action or suit be brought or commenced against any person or persons, or any thing done in pursuance of this Act, such action or suit shall be commenced within six months next after the matter and thing done, and not afterwards; and the defendant or defendants in such suit or action may plead the general issue and give this Act and the special matter in evidence at any trial to be had thereon, and if afterwards judgment shall be given for the defendant or defendants, or the plaintiff or plaintiffs shall be nonsuit or discontinue his or their action or actions, after the defendant or defendants shall have appeared, then such defendant or defendants shall have treble costs awarded against such plaintiff or plaintiffs, and have the like remedy for the same, as any defendant or defendants hath or have in other cases to recover costs at law.

XXIV. This Act shall have force and effect upon, from and after the first day of January, one thousand eight hundred and fifty-five, and not before.

CAP. XII.

An Act to amend the Act relative to Savings Banks in this Province.

[Assented to 18th December, 1854.]

HEREAS under the provisions of the Act now in force

for regulating Savings Banks in this Province, it is doubtful whether such Institutions can legally acquire and hold landed property; And whereas, also, it is made unlawful by the said Act for any Director or Directors, Trustee or Trustees, or other persons having direction in the management of the Quebec Provident and Savings Bank, directly or indirectly, to have any salary, allowance, profit or benefit whatsoever from the deposits made therein or the produce thereof, beyond their actual expenditure for the purposes of such institution; And whereas it is expedient to amend the said Act in these respects: 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, as follows:

I. It shall and may be lawful for the Quebec Provident and Savings Bank now established under the provisions of the Act passed in the Session held in the fourth and fifth years of may hold real Her Majesty's Reign, and intituled, An Act to encourage

under 4 & 5 Vict. c. 32,

the

ness, or mort

the establishment of and regulate Savings Banks in this Pro- property actu vince, to acquire, hold, possess and enjoy any lands, tene- ally required ments and hereditaments situate within the City, County or for their busiDistrict within which the same is established, provided that gaged to them, the lands, tenements and hereditaments so to be acquired be &c. only such as shall be requisite for its immediate accommodation in relation to the convenient transaction of its business, or such as shall have been bona fide mortgaged to it by way of security, or conveyed to it in satisfaction of debts previously contracted in the course of its dealings or purchased at sales upon judgments which shall have been obtained for such debts; and all such real property so to be acquired as aforesaid shall vest in the Directors or Trustees for the time being of such Institution, in the same manner as is already provided in respect to personal property belonging to the same, and the provisions of the said Act applicable to such personal property shall extend to, govern and be applicable to all such real property to be acquired under the provisions of this Act as aforesaid; and in In whom such case of its being deemed desirable for the interest of the Insti- property shall vest, and by tution to sell or convey any part of such immoveable property whom it may so to be acquired as aforesaid, it shall be lawful for the Direc- be conveyed tors or Trustees of such Institution for the time being, or the in case of major part of them (not being less than two thirds) and they sale, &c. are hereby empowered to sell and to convey or assign the same to the purchaser or purchasers, assignee or assignees of the same, subject to such rules and regulations as may from time to time be made by the members of such Institution in regard to the same, which rules and regulations before they shall have effect, shall be entered, transcribed and deposited in the manner prescribed for other rules and regulations of such Institutions by the second section of the said Act relative to Savings Banks; and no droit d'indemnité shall be due to any Seignior by reason Savings Banks of the acquisition of any property by or for the use of any such not to be Institution, which shall not be deemed a main-morte.

deemed a

main-morte.

II. It shall be lawful for the Directors or Trustees of the Remuneration Quebec Provident and Savings Bank established as aforesaid, may be allowto give and grant to the President or first Director or Trustee ed to President, &c. of that Institution, as a remuneration for his services, any sum or sums of money not exceeding Two Hundred and Fifty Pounds currency per annum, out of the funds deposited in their hands as such Directors or Trustees; any thing in the said Act relative to Savings Banks to the contrary notwithstanding.

III. That this Act shall be a Public Act.

Public Act.

CAP.

Preamble.

16 V. c. 22.

The said Act, with certain exceptions, extended

to Lower Canada.

Loan Fund

each section

of the Province; Limited to £1,500,000 sterling, for each.

An Act to extend and amend the Act to establish a Consolidated Municipal Loan Fund for Upper Canada, by applying the same to Lower Canada, and for other purposes.

[Assented to 18th December, 1854.] WE THEREAS it is expedient to extend to Lower Canada the advantages of the Act passed in the sixteenth year of Her Majesty's Reign, intituled, An Act to establish a Consolidated Municipal Loan Fund for Upper Canada, and to limit the amount of Loans to be raised for Upper Canada and Lower Canada respectively; And whereas it is expedient to amend the said Act for the above and other purposes 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, as follows:

I. The said first cited Act, and all and every the provisions thereof, shall extend and apply to, and be held and deemed to be in force in Lower Canada, except as hereinafter provided, and further, except that the fourth Section of the said Act which has reference to advances to the said Fund from the Upper Canada Building Fund, shall not apply to Lower Canada, or to that part of the Consolidated Municipal Loan Fund to which Lower Canada may be entitled under this Act.

II. Notwithstanding any thing in the said first cited Act conestablished for tained, there shall be a Consolidated Municipal Loan Fund for each section of the Province of Canada, which shall not at any time exceed the sum of One Million Five Hundred Thousand Pounds sterling, for either of the said sections, together with such further sum or sums of money as may constitute the Sinking Fund formed or to be formed under the authority of the said Act or of this Act; and the said Funds shall be called respectively the Lower Canada and the Upper Canada Municipal Loan Funds, and shall be managed by the Receiver General, under the direction of the Governor in Council, in the manner provided by the said Act, in separate accounts for each, and the books and accounts thereof shall be kept in his office; Provided always, that it shall not be lawful for any Municipality to pass any By-law for the purpose of raising a Loan under this Act, for an amount exceeding twenty per cent on the aggregate valuation of the property affected by such By-law, in the said Municipality, according to the then last assessment roll thereof.

Proviso:

Loans to any Municipality limited.

III. All Debentures to be issued by the Receiver General under Form of the provisions of the said first cited Act or of this Act, shall be Debentures. issued upon the credit of the said Consolidated Municipal Loan Fund of Lower Canada or Upper Canada, as the case may be ; Provided always, that the Debentures heretofore issued upon Proviso: the credit of the Consolidated Loan Fund for Upper Canada, issued for Upunder the authority of the said Act above referred to, and of the Act amending the same, or either of them, shall be and remain valid. continue to be valid and legal as if this Act had not been passed.

Debentures

per Canada to

IV. The said Act first above cited, and this Act, and the Acts to extend provisions thereof, shall extend to authorize any incorporated to Loans for establishing City, Town or Village in this Province, to raise any sum of Gas Works, money on the credit of the said Funds, as the case may be, and Drainage, &c., to appropriate the same or such part thereof as may be found by Municipal Corporations. necessary, to defray or aid in defraying the expense of erecting, prosecuting and maintaining any Gas or Water Works within or for the use of such City, Town or Village, or its drainage, salubrity or more perfect sanitary condition, or for constructing or aiding in the construction of any plank or macadamized road for the benefit of such City, Town or Village, in the same manner and to the same effect, and under and subject to the provisions and observance of the formalities required by the said first above cited Act or this Act, for the raising or appropriation of any sum of money to any other of the purposes in the said Act or this Act mentioned.

Loans author

tain condi

V. All the provisions of the said Act first above cited, and Acts to apply of this Act, except as otherwise herein provided, shall to certain extend and apply to any Loan authorized by any By-law ized before the of any Municipality in Lower Canada, passed before this passing of this Act shall come into force, under the provisions of any Act or Act, on cerActs authorizing the same, or for the purpose of aiding in the tions. construction of any Railway, for the making of which any Company is now incorporated, or shall be under any Act passed or to be passed, whether such assistance be given by taking stock in such Company, or by loaning money to it, and also to any loan authorized by any By-law of any Municipality, passed before this Act comes into force, authorizing the raising of any Loan for the purpose of erecting, repairing or improving any Municipality building or buildings: Provided always, that all Debentures which have been or can Proviso. be issued under the authority of the By-laws mentioned in this section, shall be deposited with the Receiver General before the Municipality shall be entitled to receive any of the money to be raised under any such By-law, or any Debentures secured upon the said Fund, and deliverable by him under the provisions of the said first above cited Act; and upon payment by the Municipality of the whole amount payable in respect of the said Loan, such Debentures shall be cancelled and destroyed. in such manner as the Governor in Council shall direct; Provided

Proviso.

Proviso.

Proviso.

Informality in passing, &c.

of a By-law, not to affect its validity

after it is a

proved by the Governor in Council.

Proviso.

Recital.

16 V. c. 213.

Provided that the money to be raised on the Debentures to be issued and delivered by the Receiver General for and upon the said Debentures issued or to be issued under any such By-law, shall be paid or delivered by the Receiver General only on the joint order of the Municipality and of the holders of such Debentures: Provided always, that whenever information shall be given to the Receiver General by or on behalf of any Municipal Elector, affected by any By-law of any Municipality in Lower Canada, adopted before the passing of this Act, that the validity of such By-law or of any Debentures issued under the authority of the same, has been contested before any legal tribunal before the passing of this Act, it shall not be lawful for the Receiver General to pay on the said Debentures any money raised on the said Fund, until the validity of such By-law or Debentures shall have been established by such tribunal, or until the proceedings thereon have been waived or determined And further provided, that this Act shall not be construed to give greater force, validity or effect to any By-law passed previously to this Act, and which has not been sanctioned by the Governor in Council, than are already possessed by such By-laws; but this proviso shall not apply to any such By-law after the Governor in Council shall have sanctioned the same: Provided further that nothing herein contained shall be held to apply to any loan created or authorized under any former Act, when such Loan shall have been negociated or the Debentures issued therefor sold to any party before the passing of this Act.

VI. No informality or irregularity in any By-law of any Municipality in Lower Canada, or in the proceedings relative thereto, anterior to the passing thereof, shall in any way affect its validity after the Governor in Council shall have approved such By-law, which shall after such approval be valid to all intents and purposes, and proceedings may be had for enforcing the payment by the Municipality or subdivision thereof, on behalf of which the Council whereof, or the County Council on behalf of which, passed such By-law, and by the inhabitants thereof, under the provisions of the said first cited Act, as if the By-law had been passed after the requirements of the said first cited Act, and of this Act, or of any Act in force in Lower Canada, under the provisions whereof such Municipal Debentures shall have been or shall be issued, had been complied with Provided that in all cases the Receiver General shall be furnished with a true copy of such By-law with sufficient affidavits certifying the same, and such other information as the Governor in Council may require, before any moneys shall be paid or Debentures be delivered by him as aforesaid.

VII. And whereas it is expedient to repeal a certain provision of the Act passed in the sixteenth year of Her Majesty's Reign, intituled, An Act to extend the provisions of the Act of the present Session, empowering certain Municipal Councils in

Lower