and friends when

be necessary to call a meeting of relations and friends to give their counsel and advice Notaries may call upon the appointment of Guardians or Tutors, Subrogate Tutors, Curators to absentees meetings of relations or to vacant estates, and other matters which require the counsel and advice of relations thereunto required. and friends, it shall be lawful for any Notary near the residence of such relations and friends, or who will be on the spot when the meeting shall be held, whatever be the distance from the residence of the said relations and friends to the place of sitting of the Superior Court for the District, or of the Circuit Court, and without the formal authorization of a Judge of either of the said Courts, to call such meeting; and such Notary is hereby authorized, at the request of any of the parties on whose application any such Judge could have called such meeting, to call a meeting of the said relations and friends, administer to them the oath by law prescribed, and receive their counsel and advice respecting the matter submitted to their decision, and also to administer the oath of office by law required, to the Tutors, Curators and other persons who shall be so appointed with the advice and consent of the said relations and friends.

II. Before calling any such meeting of relations and friends, the party requiring such meeting shall state to the Notary, and represent to him, truly and correctly, the object and purpose of the meeting, and the reasons for the same, in the same manner as he is now required to do in applications made to the Judges for similar purposes, of all which the said Notary shall grant Acte in the form of Schedule A: Provided always that it shall be lawful for several persons, having a common interest, conjointly to make such declaration, and to appear and act together in all the proceedings and instruments mentioned in the following sections.

The notary shall make

a Minute of the declaration of the party

requiring such meet

ing.

The notary may cause relations and friends administer the oaths,

to come before him,

&c.

III. In all cases of the appointment of Guardians or Tutors, Subrogate Tutors or Curators as aforesaid, it shall be lawful for any Notary to cause to come before him the relations, and in default of the relations, the friends of the parties, (such default of relations being previously declared and established), he shall administer the usual oath to the persons composing such meeting, and read to them the contents of the Acte mentioned in the next preceding section, and receive their advice and opinion, administer the oath of office to the Guardian, Tutor, Subrogate Tutor, Curator or other person so appointed, and shall grant Acte thereof in the form of Schedule B, stating the degree of relationship, residence and quality of the persons composing the said meeting, and if there be any opposition or difference of opinion, he shall state in the said Acte the reasons given by the several persons composing the said meeting. IV. So much of the ninth section of the Act of the Legislature of Lower Canada, passed in the thirty-fourth year of His Majesty, King George the Third, intituled, An Act for the division of the Province of Lower Canada, for amending the judicature thereof, and for repealing certain Laws therein mentioned, or of any other law, as shall be repugnant to this Act, shall be and is hereby repealed: Provided always, that nothing Proviso. in this Act contained shall prevent any Judge of the Superior Court, or of the Circuit Court, from calling such meeting of relations and friends, or from authorizing any Notary or other person, on the application of parties, to call such meeting in the manner by law prescribed, and as such Judge shall deem expedient for the ends of justice.

A certain part of the

Act of L. C. 34 G. 3

c. 6, repealed.

Whereof Acte at

SCHEDULE.

On the

eight hundred and

day of

Canada, residing in the District of

before me, the undersigned Public Notary for Lower , came and appeared B, residing

caused to be assembled before me the said Notary, for the purposes

mentioned in the above declaration made before me on the

Who ha

(or made before

to wit:

Who, after having been duly sworn on the Holy Evangelists, taken communication of the declaration above mentioned and maturely deliberated together, were unanimously of opinion that the said be who being present

ha voluntarily accepted the said office and promised under Oath to fulfil the

duties thereof.

Whereof Acte at

CAP. LIX.

Preamble.

An Act to repeal in part and to amend an Act, intituled, An Act for the better protection of the Lands and property of the Indians in Lower Canada.

W

[ 30th August, 1851. ] "HEREAS it is expedient to designate more accurately the persons who have and shall continue to have a right of property, possession or occupation in the lands and other immoveable property belonging to or appropriated to the use of the various Tribes or Bodies of Indians residing in Lower Canada: 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 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 Vict. c. 42, repealed. hereby enacted by the authority of the same, That the fifth section of the Act passed in the now last session of the present Parliament, chaptered forty-two, and intituled, An Act for the better protection of the Lands and property of the Indians in Lower Canada, shall be, and the same is hereby repealed.

Sect. 5, of 13 & 14

Who shall be deemed Indians belonging to any Tribe,

II. And be it declared and enacted, That for the purpose of determining what persons are entitled to hold, use or enjoy the lands and other immoveable property belonging to or appropriated to the use of the various Tribes or Bodies of Indians in Lower Canada, the following persons and classes of persons, and none other, shall be considered as Indians belonging to the Tribe or Body of Indians interested in any such lands or immoveable property:

Firstly. All persons of Indian blood, reputed to belong to the particular Tribe or Body of Indians interested in such lands or immoveable property, and their descendants:

Secondly. All persons residing among such Indians, whose parents were or are, or either of them was or is, descended on either side from Indians, or an Indian reputed to belong to the particular Tribe or Body of Indians interested in such lands or immoveable property, and the descendants of all such persons: And

Thirdly. All women, now or hereafter to be lawfully married to any of the persons included in the several classes hereinbefore designated; the children issue of such marriages, and their descendants.

САР,

CAP. LX:

An Act to amend the Law of Lower Canada as regards the District or Circuit in which actions or proceedings affecting real property may be brought, and to make further provision as to cases in which Absentees may be parties.

WHE

[ 30th August, 1851. ]

HEREAS it is expedient to make better provision as to the District or Circuit in Preamble. which any real or mixed action may be brought in Lower Canada; and whereas it is also necessary to make more effective provision with regard to suits en licitation and en partage, and to proceedings in actions against Absentees: 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 in all real or mixed actions in Lower Canada, the cause of such actions respectively shall be held to have arisen in the District or Circuit, as the case may be, wherein the real property in question in such actions respectively is situate.

II. And be it enacted, That whenever any real property shall be situate partly in one District or Circuit and partly in another, it shall be lawful for the Plaintiff to bring any real or mixed action in regard to such real property in either of the said Districts or Circuits at his option, and the whole of such real property may be partitioned (partagé) or sold by licitation (licité) or seized and sold under judgment obtained in any such action, in the same manner as if the said real property were wholly situate in the District or Circuit in which any such judgment shall have been rendered, and this provision shall apply to any Judgment rendered for any cause whatsoever against a Defendant possessing any real property situate partly in one District or Circuit and partly in another, and any proceeding for confirmation of title, (demande en ratification) en licitation or en partage, may be commenced, prosecuted, allowed and carried into effect in one or the other of the Districts or Circuits in which the real property in question may be partly situate at the option of the applicant, as if such real property were wholly situate in the District or Circuit in which the applicant shall have chosen to commence his proceedings.

III. And be it enacted, That in all actions brought in conformity with the ninetyfourth section of the Act passed in the twelfth year of Her Majesty's Reign, and intituled, An Act to amend the Laws relative to the Courts of Original Civil Jurisdiction in Lower Canada, against any absent party, all notices or proceedings subsequent to the advertisement required by way of Summons to appear and required by Law or by any Rule of Practice, in order to obtain or execute any Judgment against such absent party, or for appealing from any such Judgment, or determining and trying any opposition or contestation arising in such action, or for giving effect to any Judgment rendered against such absent party in any action en partage or en licitation, may be lawfully made and notified at the office of the Prothonotary or Clerk of the Court in which such action may be pending; and whenever it shall be necessary in any such action en partage or en licitation against any absent party to appoint arbitrators or experts to examine the real property to which such action relates, and to determine whether the same can be partitioned with advantage, it shall be lawful for the Court before which such action shall be brought during Term, or for any one of the Judges thereof in vacation, to appoint, for such absent party, one or more arbitrators or experts to act conjointly with the arbitrator or experts appointed by the other party or parties to the said action.

The cause of action the District or Circuit wherein the real pro

held to have arisen in

perty is situated.

Real or mixed actions, when the property is situate partly in one District or Circuit, and partly in another, may be brought in either, and judgment ex

ecuted accordingly.

Proceedings against fied at the Prothono tary's Office, in cer

Absentees to be noti

tain cases.

Judges empowered to appoint Arbitrators or

experts for absentee.

САР.

CAP. LXI.

Preamble.

An Act to prevent the hunting of Deer at improper seasons of the year, and further to amend the laws for the preservation of Game.

[ 30th August, 1851.]

W HEREAS divers inhabitants of Upper Canada have petitioned Parliament to pass a law for restraining the hunting and killing of Deer with hounds, and it is but reasonable to comply with the prayer of their petition, inasmuch as Deer are yearly becoming scarcer; And whereas it is also desirable to alter the time of year for killing Woodcocks, Wild Ducks and Snipe in Upper Canada, experience having shewn that the seasons now prescribed by law are not the proper ones for such sporting: 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, When only deer may That it shall not be lawful for any person or persons to chase, hunt, shoot, take or kill any Deer, Fawn, Moose or Elk of any species, either with or without hounds or dogs of any breed or sort, or to allow any hound or dog of any kind or sort belonging to him or them, or in his or their possession, or under his or their control, to be used for such purpose, or to follow such chase of its own accord and unaccompanied by any person, within Upper Canada, except during the period between the first of August and the first of January in each following year; any law to the contrary notwithstanding.

be killed with hounds or otherwise.

Season for killing wild ducks.

and Woodcocks,

Penalties on persons contravening this Act.

Act of 7 Vict. c. 12, to apply to offences against this Act.

Proviso.

II. And be it enacted, That the time or season for shooting, taking and killing Wild Ducks, Teal, Widgeon, and other aquatic birds, shall be and is hereby declared to be between the first day of July and the first day of April in the following year, and the time or season for shooting and killing Woodcocks shall be and is hereby declared to be between the first day of July and the first day of January in the following year, and the shooting or killing of Snipe shall be lawful at all seasons of the year.

III. And be it enacted, That if any person or persons shall chase, hunt, shoot, take or kill, or shall assist in or encourage any chasing, hunting, shooting, taking or killing any Deer, Fawn, Moose or Elk, with hounds or dogs of any breed or sort, within Upper Canada, or shall allow any hound or dog of any kind or sort, belonging to him or them, or in his or their possession, or under his or their control, to be used for such purpose, or to follow such chase of its own accord or unaccompanied by any person, at any time of the year, except during the period heretofore mentioned, or shall take or kill any Wild Duck, Teal, Widgeon or other aquatic birds at any other season of the year than between the first day of July and the first day of April before mentioned, or shall kill any Woodcock at any other time than between the first day of July and the first day of January before mentioned, such person or persons shall for every offence be liable to the pains and penalties imposed upon persons by the Act passed in the seventh year of Her Majesty's Reign, intituled, An Act to prohibit the hunting and killing of Deer and other game within this Province at certain seasons of the year, and the person or persons who are guilty of offending against the provisions of the said Act, and the person or persons offending against this Act, shall be prosecuted, and the penalties and pains shall be enforced in the same form, and by the same means, and in the same manner as are prescribed with regard to offenders under the said Act: Provided always, that one moiety of all fines to be imposed by virtue of the provisions of this Act, or of the said Act imposing fines and penalties, shall be awarded to the party charging the offence in writing, and the other moiety shall be paid to the Treasurer of the Municipality where the offence is alleged to have been committed, to be applied by such Treasurer to the general funds of such Municipality.

be

ments repealed.

IV. And be it enacted, That so much of any Act, or of any part of any Act as shall Inconsistent enactrepugnant or contrary to the provisions of this Act, shall, in so far as the same may apply to Upper Canada, be, and the same is hereby repealed.

V. And be it enacted, That the second section of the Act passed in the twelfth year The 2d, 12 Vict. c. of Her Majesty's Reign, and intituled, An Act to prohibit the use of Strychnine or other explained. poisons for the destruction of certain kinds of wild animals, shall hereafter be read, construed and have effect as if the words "Justice of the Peace" in the said section had not been inserted therein and the fourth section of the said Act shall be and is hereby repealed; and the said Act, as hereby amended, shall, from and after the passing of this Act, extend to Upper Canada as well as Lower Canada.

VI. And be it enacted, That this Act shall be in force in Upper Canada only, and shall not apply to Indians who are permanent inhabitants of this Province.

CAP. LXII.

An Act to explain and amend the Law in Lower Canada, respecting Bills of Exchange and Promissory Notes.

WH

[ 30th August, 1851. ]

4th sec. of same repealed.

Act as amended to extend to Upper and Lower C.

This Act limited.

THEREAS doubts exist respecting the legal effect of protests in the particular Preamble. cases hereinafter mentioned, made in the form prescribed by the Act of this Province, passed in the twelfth year of Her Majesty's Reign, and intituled, An Act to amend the Law regulating Inland Bills of Exchange and Promissory Notes, and the protesting thereof, and Foreign Bills in certain cases, and it is expedient to prevent the continuance of such doubts, and also to amend the said Act: 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 notwithstanding the omission in any protest made since the passing of the said Act, of any Bill of Exchange or Promissory Note, of the statement of the period of the day in which the protest was made, such protest shall be held and taken to have been made in the afternoon of the day of the date thereof, unless the contrary shall appear on the face of the protest; any thing in the said Act to the contrary notwithstanding.

II. And be it enacted, That any protest made after the passing of this Act, in the form prescribed in the said Act, shall be held and taken to have been and to be made in the afternoon of the day in which it bears date, unless the contrary shall appear upon the face of the protest.

As to protests made before the passing of

this Act.

As to protests made after the passing of

this Act.

As to protests in cases

III. And be it enacted, That in any action at law, or legal proceeding pending in Court in Lower Canada for the recovery of the amount of a protested Bill of Exchange now pending. or Promissory Note, in the protest whereof the omission shall exist of the statement,' that such protest was made in the afternoon of the day on which it bears date, and such action or proceeding shall be contested by reason of such omission, and no judgment shall have been therein rendered on the merits by such Court, it shall be lawful for the party prosecuting therein, or his legal representatives, to present a petition to the Court in which such action or proceeding is pending, pleading this Act, praying that the benefit thereof be allowed him, and thereupon all and every the objections based upon the omission aforesaid shall cease and have no effect, after such notice of the said petition shall have been given to the objecting party or his attorney on the record, as shall by the said Court be deemed sufficient, and thereupon it shall be lawful for the said Court to order the ejection from the record of any plea or defence or proof thereof based upon such omission, and to order a repleader or otherwise, in the said action and proceeding, as the Court in its discretion may, on good cause shewn therefor, allow,

according