of errors in summons, &c. 61. In all cases where in any summons or process in civil Amendment or penal matters there shall be variance between the allegation and the proof relative to the christian or surname, the addition, description, or residence of any party mentioned in such summons or process, or to any other fact alleged in such summons or process, the said Court may at any stage of the case, before, during or after the enquête, or before judgment or conviction, or at the request of an interested party, direct the amending of such process or summons, if necessary, and allow the adverse party a sufficient delay to prepare a defence to the summons or process so amended, if the party require it for the ends of justice. abandoning 62. The said Recorder or the said Recorder's Court, on the warrant to complaint made under oath of any father, mother, tutor or arrest minors guardian of any minor child of either sex, that such minor has their homes. without reasonable cause, abandonned or left the domicile of his or her father, mother, guardian or other person entrusted with the care or keeping of such minor, and that such child is concealed or living in any place whatsoever within the District of Quebec, may cause to issue from the said Court a warrant for the arrest of the said minor, and directing that he or she be brought before the said Court, and the said Court after hearing the parties or their attorneys, shall, if it deem it just, order the said minor to return to the domicile of such father, mother, tutor, guardian or other person aforesaid; the said warrant may To whom to be addressed to the Sheriff of the District, or to a Bailiff of the be addressed. Superior Court or of the said Recorder's Court: age into 2. Any master or mistress, or any person being master or Receiving mistress of a house of prostitution, house of ill-fame, disorderly females under house, or house reputed to be so, who shall receive, lodge, houses of illkeep, or conceal, or who shall detain by compulsion in any fame, &c. such house, a minor female child, or who shall incite or induce in any manner or by any means whatsoever, a female minor to abandon or leave the dwelling of her father, mother, tutor, guardian or other person having the care or charge of such minor, and to live, reside or stay in a house of prostitution, house of ill-fame, disorderly house or house reputed to be so; or the same. 3. Any person who shall invite or induce in any manner or Or inviting by any means whatsoever a female minor to commit any of them to enter the acts mentioned in the present section, may on complaint under oath before the said Recorder's Court, by the father, mother, tutor, guardian, or person having the care or keeping of such minor, or of any relative or friend of such minor, be arrested and brought before the said Recorder's Court, and on Penalty. summary conviction of the offence before the said Court, shall be condemned to pay a fine not exceeding two hundred dollars, or to imprisonment for a period not exceeding six months, or to both fine and imprisonment, in the discretion of the said Court. Warrant of commitment to be executed in any dis trict. Imprison ment under more than one conviction. Closing taverns from Saturday night to Monday morning. Special tax imposed in 1866, declared valid. And also By laws of 27th April, 1866. Proviso. 63. Any warrant of commitment after judgment, issued from or by the said Court, may be executed in any judicial district of Lower Canada, by the Sheriff of the district in which the person against whom such warrant shall have been issued may be or be found; and in such case, the Sheriff to whom such warrant is addressed, shall, without delay, make a return to the said Court of every thing done by him in execution of such warrant, and any delay on his part shall constitute a contempt of the said Court, and shall be punished accordingly. 64. In all cases, were a defendant shall have been condemned to imprisonment, or to imprisonment in default of payment of the fine imposed and of the costs, under different convictions, each additional period of imprisonment shall commence only at the expiration of a proceeding period of imprisonment. SALE OF LIQUORS. 65. Every person licensed or not licensed to sell in the said city, spirituous liquors, wine, beer or temperance liquors, shall close the house or building in which such person sells or causes to be sold such spirituous liquors, wine, beer or temperance liquors, from twelve o'clock in the night of each Saturday until six o'clock in the morning of the following Monday; and during that period of time, no such person shall sell or cause to be sold in such house or building or any other place, any spirituous liquor, wine, beer or temperance liquors, under pain of a fine not exceeding one hundred dollars, and in default of payment, of an imprisonment not exceeding two months. SPECIAL TAX, in 1866. 66. Whereas the City Council, on the ninth day of February one thousand eight hundred and sixty-six, passed a by-law imposing a tax of fifteen cents in the pound of the annual assessed value of real property in the said City, to meet the deficit of the first four months of the year one thousand eight hundred and sixty-six, and doubts may exist as to the legality of the said tax, and whereas it is expedient to remove all doubts in that respect, it is hereby enacted and declared that the special tax hereinabove mentioned is valid and legal, and that the treasurer could and can require payment thereof in the same manner as of all other taxes and assessments established in virtue of the Act twenty-ninth Victoria, chapter fifty-seven, hereby amended; and it is also declared and enacted that the by-law passed by the said Council on the twenty-seventh day of April, one thousand eight hundred and sixty-six, consolidating the by-laws to provide funds for the expenses of the said city, is and has been legal and binding to all intents and purposes whatever; Provided always, that no person shall be liable to any penalty for infringement of the said by-law before the passing of this Act; nor shall any party to any suit pending, in which the legality of the said by-laws is questioned, be rendered liable to any condemnation of costs in consequence of the passing of this Act. INTERPRETATION, &C. 67. Section thirty-nine of the Act twenty-ninth Victoria, Interpretachapter fifty-seven, in so far as regards interpretation, shall tion apply to all the provisions of this Act; and this Act shall be a Public Act. Public Act. 68. Any Act, or portion of an Act, contrary to the provisions Repeal of of this Act, or incompatible therewith, is repealed. CAP. LVIII. An Act to extend the powers of the Trinity House of W [Assented to 15th August, 1866.] contrary provisions. HEREAS it is expedient to extend and explain the Preamble. powers and duties of the Trinity House of Quebec: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: vessels ter, within a 1. Every master or person in charge of a sea-going vessel, Masters of which shall be wrecked or suffer damage by collision, or by wrecked, &c. being stranded or by foundering, or by loss of spars, within the to inform the Gulf or River St. Lawrence, and being within the limits of the Harbour Masport of Quebec, shall in person inform the Harbour Master of certain time Quebec thereof, within four days after the arrival of such mas- after arrival. ter or other person in the harbour of Quebec, if such casualty occurs outside the harbour of Quebec, or within two days if such accident occurs within the said harbour, under a penalty not exceeding forty dollars. tions. 2. It shall be lawful for the Harbour Master to submit ques- Master to tions in writing to such master or person, touching such casu- answer quesalty, or to summon such master or person to appear before him to be examined regarding the same; and in default of so answering such questions in writing, or attending when summoned, as aforesaid, such master or person in charge shall Penalty for incur a penalty not exceeding forty dollars for every day of such neglect or refusal. refusal. pel attendance 3. The said Harbour Master shall have power to administer Harbour Masan oath to such master or person, and to compel his attendance ter may comin the same manner that the Trinity House of Quebec can com- and examine pel the attendance of witnesses; and the said Harbour Master on oath. may, if he considers it advisable, not only submit such questions, but also examine verbally such master or person; and he How far only the powers of the Trinity House are altered by certain acts. As to anchors, in the Port of Quebec and unclaimed. he is also empowered to summon before him and examine on oath, as a witness, any other person or persons, to give evidence in such investigation, and to compel his or their attendance, as aforesaid. 4. Save as to the power to prescribe the limits of the ballast ground, and the power to prevent injury to and encroachments on the beaches of the rivers St. Lawrence, Cap Rouge, Montmorency, St. Charles and Beauport, conveyed to the Quebec Harbour Commission by the Acts twenty-second Victoria, chapter thirty-two, and twenty-fifth Victoria, chapter forty-six, the powers of the Trinity House of Quebec are not altered, restrained, or repealed, in any way by the said last mentioned Acts. 5. In all cases where anchors, chains or other effects have &c., dropped been dropped or lost within the limits of the port of Quebec, and when the same shall not have been claimed within twelve months from the date of their being so dropped or lost, the said anchors, chains or other effects, shall, at the expiration of such time, be considered as unclaimed property, and shall be dealt with accordingly. Recovery of penalities and enforcing Act. Repealing clause. 6. The penalties hereinbefore mentioned shall be recovered before the Trinity House of Quebec, with costs; and the said Trinity House shall have the same power to enforce this Act as it now has to enforce its orders and by-laws. 7. All laws, by-laws, or portions of by-laws, inconsistent with the above enactments, are hereby repealed. CAP. LIX. Preamble. Deputy Mayor to be elected. An Act to amend the Act incorporating the City of W [Assented to 15th August, 1866.] HEREAS it is desirable to amend the Act passed in the twentieth year of Her Majesty's reign, intituled: An Act to make more ample provision for the incorporation of the Town of Three Rivers, and the Acts subsequently passed amending the said Act: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: 1. It shall be the duty of the Council of the said city, and the said Council is hereby authorized, at the first meeting thereof in the months of January, April, July and October in each year, to elect one of its members to perform the duties of Mayor during the absence or sickness of the Mayor of the said city, and the Councillor so elected shall be called ProMayor when performing as aforesaid the duties of Mayor, or in the event of the office of Mayor of the said city becoming vacant, the said member so elected shall have and exercise, His powers. during such vacancy, and until the next election, the powers and authority legally vested in the Mayor of the said city, in which case he shall take the name and title of Mayor. 2. When one of the members of the Council of the said city Councillor to shall be elected Mayor, his seat as such Councillor shall im- replace Councillor appointed mediately become vacant, and it shall be the duty of the said Mayor. Council, at the meeting following the said election, to proceed to the choice and nomination of a qualified person to replace the Councillor whose seat has so become vacant. dues. 3. If any person neglects to pay the amount of any tax or Collection of assessment imposed by the by-laws of the said corporation, for chimney the sweeping of the chimnies of houses in the said city, the Secretary-Treasurer shall collect the said tax or assessment in the same manner as the other assessments imposed by the said Council, in accordance with the formalities prescribed by the second and third subsections of section thirty-nine of the Act aforesaid; but the said Secretary-Treasurer shall not be bound to comply with the provisions of the first subsection of the said section thirty-nine. 4. Any councillor of the said city shall have and exercise Powers as to hereafter, as fully as the Mayor, the powers and duties vested penalties on in the Mayor of the said city by the first section of the Act strangers, &c. twenty-seventh and twenty-eighth Victoria, chapter sixty-one, in so far as it relates to penalties inflicted on strangers refusing to pay taxes imposed on them, and the provisions of the section aforesaid shall apply also to persons liable to capitation tax as well as to strangers. 5. committing Except in the discharge of any duty imposed by law no Punishment person shall, without the permission of the proprietor or occu- of persons pant, pass upon any lot of land situated within the limits of trespasses. the said city, and any person contravening the provisions of this section may be prosecuted by such proprietor or occupant before one or more Justices of the Peace residing in the said city, and it shall be the duty of such Justice or Justices, upon the deposition of one credible witness, other than the party complaining, to condemn such person for every offence to pay a fine of not less than one nor more than five dollars and the costs, and in default of payment by the person so condemned, to commit him to the common gaol until payment by him of the fine and costs. 6. The City Council may cause winter roads to be laid out Winter Roads. across any field or enclosure, excepting orchards, gardens, yards or other lands enclosed with hedges. |