Principal Officers not to

responsible.

given the same, remain in force as if given by the Principal Officers for the time then being, until it shall be revoked by the Principal Officers for the time being, or any two of them.

XXXVII. And be it enacted, that nothing contained in this Act, or to be be personally contained in any covenant, contract, lease or other instrument hereby authorized to be entered into, made, taken or executed by the said Principal Officers, or any of them, or by any person or officer acting under them, shall extend to charge the persons of such Principal Officers, person, or officer, executing such covenant, contract, lease or other instrument, or their heirs, executors, administrators or other legal representatives, or their or any of their own proper lands and tenements, goods or chattels with the performance of any of the covenants, conditions and agreements in such covenants, contract or lease, or other instrument entered into on the part of such Principal Officers for the public service, and by their name of office as aforesaid; nor shall any Officer of Her Majesty's Ordnance be personally liable, nor shall any property of such Officer be liable to any legal process or execution in such suits, actions or other proceedings as aforesaid.

L. C.

2. V. c. 21.

L. C.

& 4 V. c. 18.

U. C. 3 V. c. 16

Interpretation clause.

XXXVIII. And be it enacted, that, the Ordinance of the Governor and Special Council for the affairs of the late Province of Lower-Canada, passed in the second year of Her Majesty's Reign, and intituled, An Ordinance for vesting all the Estates and Property in the Province of Lower Canada, occupied for the Ordnance Service, in the Principal Officers of Her Majesty's Ordnance, and for granting certain powers to the said Principal Officers, and for other purposes therein mentioned,—and the Ordinance of the Governor and Special Council for the affairs of the said late Province, passed in the Session held in the third and fourth years of Her Majesty's Reign, and intituled, An Ordinance to render permanent the Ordinance therein mentioned relative to the Estates and Property, in this Province, occupied for the Ordnance Service,and the Act of the Legislature of the late Province of Upper-Canada, passed in the third year of Her Majesty's Reign, and intituled, An Act to authorize Her Majesty to take possession of Lands for the erection of Fortifications in this Province under certain restrictions,-shall be, and the said Ordinances and Act are hereby repealed.

XXXIX. And be it enacted, that the words "Lower Canada," wheresoever they occur in this Act, or in the Schedule hereunto annexed, shall be held to mean all that part of this Province which formerly constituted the Province of Lower Canada, and the words "Upper Canada," to mean all that part of this Province which formerly constituted the Province of Upper Canada, and the words "Her Majesty" or "The Crown," shall be held to mean and include, Her Majesty and

Her

Her Royal Predecessors and Successors; and all words importing the singular number or the masculine gender only, shall be held to include the plural number and females as well as males, unless the context shall clearly require that a more limited meaning be assigned to them.

This Act to be a Public

XLI. And be it enacted, that this Act shall be a Public Act, and as such shall be taken notice of accordingly by all Judges, Justices of the Peace and others Act. whom it may concern, without being specially alleged or pleaded.

SCHEDULE

Of certain of the Lands vested in the Principal Officers of Her Majesty's Ordnance, by this Act, referred to in the first section thereof.

The Military Reserves, and all Lands and other real property coming within the description of those intended to be vested in the said Principal Officers by this Act, and situate, lying or being, at or near the Cities, Towns and Places commonly known by the names following, that is to say :-Madawaska, Lake Temiscouata, the Grand Dégelé, Quebec, Three Rivers, William Henry or Sorel, Montreal, the Island of St. Helens, Isle Ronde adjoining the same, Longueuil, Laprairie, Chambly, St. John's or Dorchester, Isle-aux-Noix, Lachine, the Cascades, Chateauguay, the Cedars, Coteau du Lac, Carillon, Grenville and elsewhere within Lower Canada; Lancaster, Cornwall, Grant's Island opposite Brockville, Prescott, Kingston, Snake Island, Point Frederic, Point Henry, Cedar Island, Horse Shoe Island, Cataraqui, Kingston Mills, Bytown, Amherst Island, Mississaugua Point, Cape Vizey or the Rock Marysburg, (Prince Edward District,) Toronto, Hamilton, Penetanguishene, Niagara, Queenston, Drummondville, Sherbrooke, Chippewa, Lyons' Creek, Fort Erie, Short Hills, London, St. Thomas, Chatham, Windsor, Sandwich, Amherstburg, Bois Blanc Island, Point Edward (Port Sarnia), Ronde Eau, on Lake Erie (Township of Harwich), Turkey Point, (Township of Charlotte, County of Norfolk, Talbot District,) or elsewhere within Upper Canada.

Places at which certain real property vested in the Principal Offi cers is situate.

Rideau Ca

The Canal commonly called the Rideau Canal, made and constructed under, and by virtue of the powers and authorities contained in the Act of the nal and Lands. Parliament of the late Province of Upper Canada, passed in the eighth year of the Reign of His late Majesty King George the Fourth, and intituled, An Act to confer upon His Majesty certain powers and authorities necessary to the making, maintaining, and using the Canal intended to be completed under

M

His

Bytown

Lands bought

housie.

His Majesty's directions for connecting the waters of Lake Ontario with the River Ottawa, and for other purposes therein mentioned, and the Lands and other real property, lawfully purchased and taken, or set out, and ascertained as necessary for the purposes of the said Canal, from the Crown Lands or Reserves, or Clergy Reserves, under the authority of the said Act, and more especially those marked and described as necessary for the said purposes, on a certain plan lodged by the late Lieutenant Colonel By, of the Royal Engineers, the officer then employed in superintending the construction of the said Canal, in the office of the Surveyor General of the said late Province, and signed by the said Lieutenant Colonel By, and now filed in the office of Her Majesty's Surveyor General for this Province, and all the works belonging to the said Canal, or lying or being on the said Lands.

The lot or parcel of Land containing four hundred and fifteen acres, or thereby Lord Dal- abouts, situate in the Township of Nepean, in the Dalhousie District, formerly in the Johnstown District, and purchased in the year one thousand eight hundred and twenty three, by the Right Honorable the late Earl of Dalhousie, then Governor in Chief of Lower Canada and Upper Canada, and acting for and on behalf of His late Majesty King George the Fourth, from Hugh Fraser, Esquire, and granted and conveyed to or in trust for His said late Majesty, His Heirs and Successors.

Grenville, Chûte à Blon

rillon Canals.

The several Canals constructed for the purpose of facilitating the navigation of deau and Ca- the River Ottawa, lying on the left bank of that river and within Lower Canada; and known by the names of the Grenville Canal, the Chûte à Blondeau Canal, and_the_Carillon Canal, with all the works thereunto appertaining, and the Lands set apart, reserved, purchased or taken for the purpose of constructing the said Canal, or of facilitating the use thereof or other purposes thereunto relating.

Seigniory of Sorel.

The Fief and Seigniory of Sorel, in the District of Montreal, in Lower Canada, with all seigniorial rights, privileges, advantages and profits thereunto appertaining, and all Domains and other Lands and real property therein now vested in the Crown, or in any persons, officers or other party in trust for the Crown.

CAP

CAP. XII.

An Act to prohibit the hunting and killing of Deer and other Game within this Province, at certain seasons of the year.

W

[9th December, 1843.]

Preamble.

U. C. 2 V.

HEREAS it is expedient to amend the Laws now in force for the preservation of Deer and other Game in this Province, and to repeal an Act of the Legislature of the late Province of Upper Canada, passed in the second year of Her Majesty's Reign, and intituled, An Act to amend an Act passed in the fourth year of the reign of His late Majesty King George the Fourth, intituled, c. 12, cited. An Act for the preservation of Deer within this Province, and to extend the provisions of the same and to prohibit shooting on the Lord's Day; 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 the said Act be, and the same is hereby repealed.

II. And be it enacted, that no person or persons shall within this Province after the first day of February in every year hereafter, take or kill in any manner whatever, any red or grey Deer, or any Moose, Elk, or other Deer, or any Fawn, until the first day of August.

III. And be it enacted, that if any person shall take, hunt, shoot, kill, or destroy, any red or grey Deer, or any Moose, Elk, or other Deer or any Fawn, between the first day of February and the first day of August, or any Game called wild Turkey, Prairie Hen, or Grouse, Grouse-Pheasant, Partridge, Quail, or any or either of them, between the first day of February and the first day of September in every year, or shall sell, offer for sale, buy, receive or have in his or her possession any Venison or Game aforesaid between those periods (such Venison or Game having been killed after the first day of February in any year, the proof to the contrary whereof shall be upon the party charged,) or if any person shall take, shoot, kill or destroy or shall sell, offer for sale, buy, receive or have in his or her possession any Woodcock between the first day of February and the fifteenth day of July in any year, or if any person shall at any time hereafter erect, make or set either wholly or in part any pen, trap, gin, net, or snare, for the purpose or with the intention of entrapping, taking, or snaring any wild Turkey, within this Province,

any

The said Act Repealed.

Deer not to be taken or kil

between 1st February, and

1st August,

No person to take or kill cer

tain kinds of game between in each year.

certain periods

Penalty.

How any per

son charged in writing with having offend ed against this Act shall be

prosecuted.

In what form

may be,

The form.

any such person being convicted of any or either of the said offences before a Justice of the Peace, upon the oath or affirmation of one or more credible witness or witnesses, (which oath or affirmation the Justice is hereby authorized to administer) or upon view had of the offence by the said Justice himself, shall pay a fine or penalty not exceeding ten pounds nor less than ten shillings, current money of this Province, together with the costs and charges attending the proceedings and conviction.

IV. And be it enacted, that when any person shall be charged upon oath or otherwise in writing before any Justice of the Peace with any offence against this Act, the said Justice shall summon the person so charged to appear before him at a time and place to be named in such Summons; and if such person shall fail or neglect to appear accordingly, then (upon proof of due service of the Summons upon such person by delivering or leaving a copy thereof at his house, or usual place of abode, or by reading the same over to him personally,) the said Justice may either proceed to hear and determine the case ex parte, or issue his warrant for apprehending such person and bringing him before himself or some other Justice of the Peace within the same district; and the Justice before whom the person charged shall appear or be brought, shall proceed to hear and determine the case.

at

V. And be it enacted, that the Justice before whom any person shall be conthe conviction victed of any offence against this Act, may cause the conviction to be drawn up in the following form, or in any other form of words to the same effect, as the case shall require, that is to say: "Be it remembered that on the day in the year of our Lord in the County of (or District, Riding, or Division, as the case may be) A. B. of is convicted before me, C. D. one of Her Majesty's Justices of the Peace for the said County (or District, or Riding, or Division, as the case may be,) for that he the said A. B. did (specify the offence and the time and place when and where the same was committed, as the case may be ;) and I, the said C. D. adjudged the said A. B. for his offence, to pay (immediately, or on or before the day of ) the sum and also the sum of for costs; and in default of payment of the said sums respectively, to be imprisoned in the Common Gaol of the said County, (or District, or Riding, or Division, as the case may be,) for the space of months, unless the said sums shall sooner be paid; and I direct that the said sum of pounds (the penalty) shall be paid as follows; (that is to say, one moiety thereof to the party charging the offence, and the other moiety to the Treasurer of the District, to be by him, the said Treasurer, applied according to the provisions of this Act.)

of £

Given under my hand and seal, the day and year first above mentioned.
[L. S.]

C. D"