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Registrars to continue in office and

Bonds given

by them to remain valid

greater part of the territory for which it remains the Registry Office shall lie, until such Electoral County shall become a Registration County under this Act, when it shall be kept at the place where the Sittings of the Municipal Council thereof shall be held, as hereinbefore provided.

VI. Notwithstanding any change made in the name or limits of any Registration Division by this Act, or the removal of the Registry Office thereof, the Registrar by whom such Registry Office shall be kept at the time of such change or removal, notwithstand shall, without any new commission or appointment, be the ingany change Registrar of the Registration County of which such Registry in the place of Office shall be the Registry Office under this Act, and shall be the Office. called and known as the Registrar of such County, and any Bond or security he may have given, as a Registrar, shall remain in full force, and shall apply as fully to his acts and Not to prevent defaults after as before such change or removal; but this shall appointment not be construed to prevent the Governor from removing any of new Registrar, &c. such Registrar, or making any new appointment, or requiring any new security, if he shall think proper so to do.

County Municipality to keep the Vault

or Safe in the Registry Office of the County in good repair, and to be

liable for

and to a pe

such Vaults

and recovery of penalty.

VII. It shall be the duty of the Municipality of each Registration County or Division to provide and keep constantly in thoroughly efficient repair in the Registry Office of such County or Division, a proper and sufficient Metal Safe or Fire-proof Vault, for the safe keeping of the Books and Papers of such Office; and for any failure so to do such Municipality shall forfeit to the Crown for the public uses of the Province, the sum damages from of fifty pounds currency, to be recovered as a debt due to the defauli so to do Crown; and the Municipality shall further be liable for all damages which may be sustained by any person by reason of nalty. such failure: And the Governor may appoint proper persons Inspection of to inspect such Registry Offices, Safes and Vaults from time to time, and if any Registry Office shall be found unprovided with such Safe or Vault, or the Safe or Vault therein shall be found deficient, he may direct the Municipality to be sued for the said penalty, and may cause a proper Safe to be placed or a proper Vault to be erected in such Registry Office, or the Safe or Vault to be renewed or repaired, as the case may require, and the cost thereby incurred to be paid out of the Public Moneys and the sum so paid shall be recovered from the Municipality as a debt due to the Crown; and if there be more than one Municipality in such Registration County or Division, such penalty or cost may be recovered from any one of them, saving the recourse thereof against the other or others; and such penalty or cost may be recovered from any Municipality of which the major part shall be within such Registration County or Division, saving the recourse of such Municipality against any other whereof any part may be within such Registration County or Division.

cript of papers

ing for the

VIII. Whenever the Municipal Council of any Electoral Municipal County or locality which shall have become a Registration Council may County under this Act, shall have provided funds for paying the require transnecessary expense, such Council may require any Registrar in affecting prowhose office there shall be registered any deed, instrument or perty within document affecting real property in such Registration County, from the Rethe County to furnish the Registrar of such Registration County with copies gistrars of thereof and of all entries relative thereto, or of such abstract of former Counsuch registered documents as may be desired, certified by such lies, on payother Registrar and fairly transcribed in regular order in pro- same at a perly bound books to be furnished by the Municipality of such certain rate. Registration County, which such other Registrar shall be bound to do, being paid therefor, out of the funds to be furnished as aforesaid, at the rate of four pence currency for every hundred words in such copy, or such less rate as such other Registrar and such Municipal Council shall agree upon; and the Registrar of such Use of such Registration County may and shall thereafter grant copies of, ex- transcripts. tracts from, or make searches and grant certificates, and perform all other official acts with respect to such deeds, instruments, documents or entries, as he might do and would be bound to do if the same had been originally registered and made in his Registry Office, and demand and take the like fees therefor; and such Recourse of copies, extracts, certificates and acts shall prima facie avail for all parties for any purposes as if granted and performed by the Registrar having the custody of the original books, entries and documents to which they relate, saving the right of any party to prove error therein, and the recourse of all parties against such other Registrar as aforesaid, if the error be in the copies furnished by him to the Registrar of such Registration County under this Act.

error.

ment may

the Land to

Division.

IX. The Registrar having the custody of the original books Registrar in which any deed, instrument or document may have been or having custody might have been registered, may and shall grant copies thereof of any docuand extracts therefrom, and make searches and give certificates grant copies in respect thereof (on payment of the proper fees,) notwithstand- &c., although ing the place in which the real property to which the same which it relates is situate may no longer be within the limits of that for relates is no which he is the Registrar, and notwithstanding he may have longer in his furnished copies of such deeds, instruments or documents to some other Registrar under the next preceding Section, and with the same legal effect as if he were still the Registrar for the place in which such real property as aforesaid is situate; and until such copies as are mentioned in the next preceding Where docuSection are furnished to the Registrar of the proper Registration ments evidenCounty as therein provided, all documents evidencing the dis- cing discharge charge of any hypothec or other incumbrance or charge on shall be regisany real property in such Registration County, may be registered tered. in the Registry Office in which the deed, instrument or document creating such hypothec, incumbrance or charge was originally registered; but if such copies as aforesaid have been

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of hypothecs,

Except where
the contrary
is provided,
every Elec-
toral County
to be a Re-

gistration
County.

Exceptions.
Magdalen
Islands.

Ste. Anne des
Monts and
Cap-Chat.

Quebec.

Montreal.

Three-Rivers

Sherbrooke.

so furnished to the Registrar of the proper Registration County, then such discharge shall be registered in his Office.

X. Except as hereinafter provided, every County in Lower Canada mentioned and described in the' Parliamentary Representation Act of 1853, as amended by the Parliamentary Representation Amendment Act of 1855, shall be an Electoral County for the purposes of this Act, with the boundaries assigned to it by the said Act or Acts.

XI. Provided always, that for the purposes of this Act the Magdalen Islands in the Gulf of St. Lawrence, shall not be held to be within the County of Gaspé; and the settlements of Ste. Anne des Monts and Cap-Chat as they are now bounded as a separate Municipality under the Act twelfth Victoria, chapter one hundred and twenty-six, shall not be held to be within the County of Gaspé; And provided also that for the purposes of this

Act:

1. The City of Quebec and the Electoral County of Quebec shall together form one Registration Division only, shall be dealt with as one Registration County under this Act, and shall be known as the Registration Division of Quebec; and the Registry Office for the said Division shall be kept at the City of Quebec;

2. The City of Montreal and the Electoral Counties of Jacques Cartier and Hochelaga shall together form one Registration Division only, shall be dealt with as one Registration County under this Act, and shall be known as the Registration Division of Montreal; and the Registry Office for the said Division shall be kept at the City of Montreal;

3. The Town of Three-Rivers and the Electoral County of St. Maurice shall together form one Registration Division only, shall be dealt with as one Registration County under this Act, and shall be known as the Registration Division of Three-Rivers; and the Registry Office for the said Division shall be kept at the Town of Three-Rivers;

4. The Town of Sherbrooke as described in the said Parliamentary Representation Act of 1853, including the Townships of Ascot and Oxford, shall together with the Township of Compton form one Registration Division only, shall be dealt with as one Registration County under this Act, and shall be known as the Registration Division of Sherbrooke; and the Registry office of the said Division shall be kept at the Town of Sher brooke;

5. The County of Compton shall not, for the purposes of this County of Act, include the Township of Compton, and the remaining part Compton. of the said County shall, for the said purposes, be dealt with as an Electoral County;

6. The Island of Orleans shall, for the purposes of this Act, Island of be dealt with as a separate Electoral County, and shall be Orleans, known as the Registration Division of the Island of Orleans;

7. That part of the County of Montmorency which lies on Remainder of the north Shore of the River St. Lawrence shall, for the pur- Montmoposes of this Act, be dealt with as a separate Electoral County, rency. and shall be known as the Registration Division of the County of Montmorency.

vided.

XII. The Magdalen Islands, in the Gulf of St. Lawrence, Magdalen shall, for the purposes of this Act only, be considered and dealt Islands to be with as if they formed an Electoral County and the Port of Division when a Registration Amherst had been appointed the place for holding the sittings a proper of the Municipal Council of the County; and for the purposes Office is proof this Act other than that of appointing the said place of sitting, the Municipal Council of the said Magdalen Islands shall be substituted for the County Council, with the same powers and obligations; and so soon as the Governor shall be satisfied that a proper Metal Safe or Vault has been provided by the said Municipal Council for the safe keeping of the books and papers of a Registry Office, a Proclamation may issue reciting the fact and declaring the said Magdalen Islands a Registration Division under this Act, and a Registrar may be appointed therefor, to keep his Office at the place so provided at the Port of Amherst aforesaid.

XIII. The settlements of Ste. Anne des Monts and Cap-Chat, Ste. Anne des bounded as aforesaid, shall for the purposes of this Act only, be Monts and considered and dealt with as if they formed an Electoral County, be a Registra Cap-Chat to and the Village of Ste. Anne des Monts had been appointed the tion Division place for holding the Sittings of the Municipal Council thereof: when a proper Registry and for the purposes of this Act other than that of appointing Office is prothe said place of sitting, the Municipal Council of the said vided. settlement shall be substituted for the County Council with the same powers and obligations; and so soon as the Governor shall be satisfied that a proper Metal Safe or Vault have been provided by the said Municipal Council for the safe keeping of the Books and Papers of a Registry Office, a Proclamation may issue reciting the fact and declaring the said settlements a Registration Division under this Act, and a Registrar may be appointed therefor to keep his Office at the Village of Ste. Anne des Monts aforesaid.

XIV. The expression" Electoral County" or "Registration Interpretation County," when used in this Act as signifying a Registration clause. Division, shall include and apply to any Registration Division

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under

Preamble.

Commence.

under this Act, whether formed of more than one County or of only part of a County, or otherwise howsoever; and the Municipal Council or Councils of such Registration Division shall be held to be included when the Municipal Council of an Electoral or Registration County is mentioned, unless there is something in the context inconsistent with such interpretation; and if in any case it be doubtful where the Registry Office of any Registration Division is to be kept, the Governor shall fix the place by the Proclamation establishing such Division.

САР. С.

Lower Canada Municipal and Road Act of 1855.
[Assented to 30th May, 1855.]

W

HEREAS it is necessary to reform the Municipal and Road system of Lower Canada, and to establish therein. County, Parish, Township, Town and Village Municipalities: 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 as follows:

I. That this Act shall come into force on the first day of July, ment of Act. one thousand eight hundred and fifty-five, and not before.

Extent of Act.

Act not to ap

works unless

II. This Act shall apply to Lower Canada only.

III. This Act shall not apply to Roads or Bridges under the ply to certain control of the Cominissioners of Public Works, unless and until ceded to Mu- the same shall be relinquished to the Municipal Authorities; nicipalities; nor to Roads in possession of any individual proprietor or Company under any Act or By-law:

cession.

But shall ap 2. But whenever any Road or Bridge theretofore under the ply after such control of the Commissioners of Public Works, or of any Trustees or other like authority, or of any incorporated Company or individual proprietor, shall cease to be under such control, such Road or Bridge shall thereupon be vested in the local Municipality or Municipalities in which it lies, as a public road, and shall be maintained and dealt with under the provisions of this Act.

Act not to ex

parts of cer

IV. The provisions of this Act shall not extend to that portion tend to those of the parish of Montreal which forms the city of Montreal as tain parishes incorporated by law; nor to those portions of the parishes of Quebec and St. Roch respectively which form the city of Quebec

Ancluded in cities or towns.

as

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