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Queen's Coun.

sel associated of Courts of Assize, &c.,

as Justices

in U. C.

Interpretation clause.

Forms of in

dule.

XLV. And whereas it would greatly conduce to the despatch of business at the Courts of Assize and Nisi Prius, Oyer and Terminer and General Gaol Delivery sitting in Upper Canada, if Her Majesty's Counsel learned in the law, were associated as Justices in those Courts; Be it enacted, That any person being one of Her Majesty's Counsel learned in the law in this Province, may be an Associate Justice of any such Court for the despatch of civil or criminal business at any County or place or upon any circuit in Upper Canada, and any such person shall and may be and act as a Judge of such Courts, in the absence of any Judge of the Superior Courts of Common Law, as fully, to all intents and purposes, as if he were duly commissioned as one of Her Majesty's Judges of the said Superior Courts of Common Law; any law, custom or usage to the contrary notwithstanding.

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XLVI. In the construction of this Act, the word "indictment" shall be understood to include "information," " inquisition" and "presentment," as well as indictment, and also any plea or other pleading, and any Nisi Prius record; and the terms "finding of the indictment" shall include also the taking of an inquisition," "the exhibiting an information" and making of a presentment;" and the word "property" shall be understood to include goods, chattels, money, valuable securities, and every other matter or thing, whether real or personal, upon or with respect to which any offence may be committed.

the

XLVII. Indictments may be in the following forms in charging dictment may the offences to which such indictments severally relate; and in be as in Sche- offences not enumerated herein, the said forms shall guide as to the manner in which offences shall be charged, so as to avoid surplusage and the averment of matters not required to be proved.

Simple Larceny.

County or District) The Jurors for our Lady the Queen, upon of , to wit. their oath present, that A. B., on the first day of September, in the year of our Lord, one thousand eight hundred and fifty-four, at

in the County or District of
watch of C. D.

of

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did feloniously steal a gold

False Pretences.

County or District) The Jurors for our Lady the Queen, on to wit: their oath present, that A. B., on the first day of September, in the year of our Lord, one thousand eight hundred and fifty-four, at

in the County or District of unlawfully, fraudulently and knowingly, by false pretences did obtain from one C. Ď. six yards of muslin, of the goods and chattels of the said C. D., with intent to defraud.

Embezzlement.

Embezzlement.

County or District

of

,

day of hundred and

The Jurors for our Lady the Queen, upon to wit: their oath present, that A. B., on the in the year of our Lord, one thousand eight at in the County or District of being a servant (or clerk) then employed in that capacity by one C. D., did then and there in virtue thereof, receive a certain sum of money, to wit, to the amount of for and on account

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of the said C. D., and the said money did feloniously

embezzle.

Stealing Money.

County or District The Jurors for our Lady the Queen, upon , to wit: their oath present, that on the

of

and

A. B., at

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day of

in the year of our Lord, one thousand eight hundred in the County or District of did feloniously steal a certain sum of money, to wit, to the amount of pounds, the property of one C. D.

Murder.

of

day of hundred and

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County or District The Jurors for our Lady the Queen, upon ,to wit: their oath present, that A. B., on the in the year of our Lord, one thousand eight in the County or District of , did feloniously, wilfully, and of his malice aforethought, kill and murder one C. D.

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Same as last form, omitting "wilfully, and of his malice aforethought," "slay" for the word "murder.'

Perjury.

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The Jurors for our Lady the Queen, upon to wit: their oath present, that heretofore, to wit, at

the Assizes holden for the County or District of

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in the year of our Lord one thousand eight before one of the Justices of our Lady the Queen, a certain issue between one E. F. and one G. H. in a certain action of covenant, was tried, upon which trial A. B. appeared as a witness for and on behalf of the said E. F., and was then and there duly sworn before the said and did then and there, upon his oath aforesaid, falsely, wil fully and corruptly depose and swear in substance and to the effect following, that he saw the said G. H. duly execute the deed on which the said action was brought, which fact was material to the said issue, whereas, in truth, the said A. B. did 24 *

not

Preamble.

Supervisor to be an Officer of Crown

not see the said G. H. execute the said deed, and the said deed was not executed by the said G. H., and the said A. B. did thereby commit wilful and corrupt perjury.

County or District (

of , to wit:

Subornation of Perjury.

Same as last form to the end, and then proceed :-And the Jurors further present, that

before the committing of the said offence by the said A. B., to
wit, on the
in the year of our Lord one

day of

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thousand eight hundred and
C. D., unlawfully, wil-
fully and corruptly did cause and procure the said A. B. to do
and commit the said offence in manner and form aforesaid.

CAP. XCIII.

An Act to connect the Office of the Supervisor of Cullers with the Crown Land Department.

[Assented to 30th May, 1855.]

WHEREAS it is expedient and necessary that the Office

of Supervisor of Cullers in Quebec should be connected with the Crown Land Department, for all purposes of information and statistics, and the general government of the trade, as well as with the view of being made auxiliary to the Collection of the Revenue accruing from Timber cut on Public Lands: 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. In all matters not affecting the actual culling and measu rement of Timber, Lumber or other Wood, the Supervisor of Lands, except Cullers shall be deemed to be an Officer of the Crown Land as regards Department, and shall render, through the Commissioner of actual culling Crown Lands, the Accounts and Statements required by the ment of Tim- nineteenth Section of the Act eighth Victoria chapter forty-nine, to be rendered to the Governor, and all such other accounts and statements as the Commissioner of Crown Lands shall require from him.

and measure.

ber.

Appointments in his office.

II. All appointments in the Supervisor's Office shall in future be made by the Governor in Council.

Supervisor III. It shall be lawful for the Supervisor of Cullers to endorse may withhold upon the specifications of measurement of Timber, Lumber or specifications other Wood, the amount of Crown dues accrued thereon, and to

withhold

withhold such specifications from the parties interested therein, until Crown until the said Crown dues are paid or secured to the satisfac- dues are paid. tion of the Crown Timber Agent appointed to collect the same; and further to withhold such specifications until the Crown Timber Agent has received satisfactory evidence of the quantities of Timber respectively exempt from and subject to the Crown dues.

CAP. XCIV.

An Act to amend the Act to provide for the formation of Joint Stock Companies for supplying Cities, Towns and Villages with Gas and Water.

W

[Assented to 30th May, 1855.]

HEREAS it is expedient to provide for increasing, in Preamble. certain cases, the Capital Stock of Joint Stock Com

panies, formed under the provisions of an Act passed in the sixteenth year of Her Majesty's Reign, chapter one hundred

and seventy-three, and intituled, An Act to provide for the 16 V. c. 173. formation of Joint Stock Companies for supplying Cities, Towns and Villages with Gas and Water, and otherwise to amend the provisions of the said above recited 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, as follows:

may be in

at a General

I. That whenever or so often as a majority of the Directors of Capital of a any Company, which shall be or shall remain incorporated Company under the provisions of the said above recited Act, shall be of creased by opinion that the Capital Stock thereof is insufficient for the consent of the purposes for which the said Company was incorporated, it shall Stockholders and may be lawful for them to call a General Meeting of the Meeting. Stockholders of such Company, giving at least ten days' notice of the time and place of Meeting, either by advertisement in one or more Newspapers published in the City, Town or Village where the operations of such Company shall be carried on, or by a circular addressed to each Stockholder, and mailed at least ten days previous to the time appointed for holding such Meeting. And it shall and may be lawful for the majority By-law for of the Stockholders, who may attend or be present at such increase of meeting, to pass a By-law for increasing the Capital Stock of Stock. such Company to such amount as they may deem necessary for carrying out the purposes of such Company, (provided that the whole Capital shall not exceed the amount limited by the Limitation. third section of the said above recited Act,) and for authorizing the raising of such additional Capital by increasing the number

of

Books.

of Shares of Five pounds each, into which the Capital of such Subscription Company is or may be divided, and for enabling the Directors to receive Subscriptions for the whole or for any part of such additional Capital from any person or persons, bodies corporate or otherwise whatsoever, under such regulations as may be made by the Directors in that behalf.

Liability of a

Subscribers' II. And be it enacted, that the name of every Subscriber for names to be any new or additional Stock so authorized to be subscribed for in entered on any such Company, shall be forth with entered as that of a StockRegister of Stockholders. holder in the register of Stockholders of such Company, with the date of Subscription and number of Shares subscribed for; and thereupon such Stockholder shall become liable to the Directors of every such Company for the payment of the full amount subscribed in such instalments and at such times as the said Directors may be authorized to call the same in, and such Stockholder shall be subject to all the conditions, restrictions and liabilities, and entitled to all the rights, privileges, benefits and advantages to which the original Stockholders shall thenceforth be subject or entitled.

new Shareholder.

Sect. 9 of the said Act amended-as

to intervals

on Stock.

III. And be it enacted, that the Ninth Section of the said before recited Act, be and the same is hereby amended by omitting the words "Three months," and inserting in lieu between calls thereof the words "One month," as the time which shall intervene between the calls for any two Instalments; provided that such amendment shall not apply to the Original Stock of any Company formed before the provisions of this Act shall come into force, but the said Ninth Section as so amended shall apply to the Stockholders of any new or additional Stock subscribed for in any such Company subsequently to this Act coming into force and under the authority thereof.

"President or

three Direc

IV. And be it enacted, that the President or any three Directors of any such Company shall have power to call a Special General tois may call a Special Gen- Meeting of the Stockholders thereof for any purpose, giving at eral Meeting, least ten days' notice thereof by advertisement in one or more Newspapers published in the City, Town or Village where the business of the Company is carried on, or by circular mailed to the address of each Stockholder at least ten days previous to the time appointed for holding such Meeting.

and how.

Powers of

Stockholders

ings.

V. And be it enacted, that a majority of Stockholders of any at such Meet. such Company present at any Special General Meeting shall have power to make and enact such By-laws as in the said before recited Act were authorized to be made and enacted by such Companies, and shall also have power to make By-laws for the following purposes:

Increasing or diminishing

number of Directors.

1st. For increasing or diminishing the number of Directors for managing the affairs of such Company, provided that the number shall not exceed nine including the Mayor of the Municipality

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