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The Pamphlet Collection of Sir Robert Stout: Volume 47

Second Session

Second Session.

Supplies.

Chap. 1.—Is the supply bill and grants $1,817,455 for the services of the financial year ending 30th June, 1879 This amt. includes all sums already appropriated by Statute except £439,586 68 for interest, sinking fund and management of public debt.

Sessional Indemnity.

Chap. 2.—Reduces the sessional Indemnity of each member to $500,—the Speaker's salary to be $2,000.

Q. M. O. & O. Railway.

Chap. 3.—Places this railway under control of the C. P. W., the commission ceasing to exist.

License Law.

Chap. 4.—Amends the license law of the previous session. The amendments are incorporated in the synopsis of that Act ante.

Public Lands.

Chap. 5.—Whenever the Comr. of C. L. thinks it advisable to cancel any sale or license of occupation under 32 V, c. 11, s. 20, he publishes twice in the Official Gazette a list of such lots with notice of his intention to cancel, 2 mos. after the last notice. On receipt of the Gazette the Secretary of the municipality gives notice as in cases under the Municipal Code and the C L. agent gives notice by postal card to each occupant. Thereupon the C. C. L. may cancel the sale or license

Phosphate Mines.

Chap. 6.—Amends the above Act-amendments are inserted in synopsis of Act ante.

Publication of Orders in Council.

Chap. 7.—Provides for the publication of Orders in Council, Proclamations and Deptl. regulations of a general nature, with the Provincial Statutes.

District Magistrates' Courts.

Chap. 8.—Authorizes the L G. in C. by proclamation to abolish any Magistrate's Court he deems advisable, and directs the archives, &c.. to be transmitted to or deposited with the Clerk of the Circuit Court named. The Clerk of the Magistrate's Court dissolved is liable to a fine of $10 per day or imprisonment for 15 days, if he do not within 8 days comply. The Attorney or Solicitor-General may thereupon authorize a person to take possession of page 110 and transmit them according to law. Proceedings are to be continued in the Circuit Court, but prescription and Judicial delays between proceedings are suspended until the next Judicial day after the removal. But no notice of renewed proceedings is required.

Party Processions.

Chap. 9.—Enacts that "no assemblage of persons shall parade the streets of the City of Montreal, nor march in procession therein for such purpose, and no assemblage of persons snail parade to celebrate or commemorate any political anniversary or event having reference to religious or other distinctions existing between any class of the subjects of Her Majesty or make any demonstration of such religious or other distinctions, and no one shall carry or display banners, flags, ensigns or emblems of a nature tending to create animosities between subjects of Her Majesty of different religious belief, or to be accompanied by any band of music tending to excite feelings of this nature." Any one taking part in such demonstration is liable to a fine of or 1 mo's. imprisonment in default of payt. J.P. are authorized to proceed to the spot and read a notice similar to the riot Act proclamation. All persons not then dispersing become liable to the penalty. From the effect of the law is excepted, "any procession of the clergy or of the faithful of any church or other communion or religious belief, which shall take place in the exercise of public worship, or to celebrate any religious ceremony ordained by any such church or other communion or religious belief or in obedience to the usages or discipline thereof, and in which the priests or ministers of such church, &c., shall take part."

Municipal Code.

Chap. 10.—Further amends the Municipal Code-amendments incorporated in the synopsis of Chap. 18,ante.

Town Corporations.

Chap. 11.—The fee in towns for certificates for license for the sale of liquors is raised to $20.

Servants Wages.

Chap, 12.—When, in an action for servants wages, the master tenders his oath and gives his evidence, such evidence may be rebutted in like manner as any other.

Life Insurance.

Chap. 13.—The 29 V., c. 17, and 32 V., c. 21 are repealed except in so far as past assignments and acquired rights on proceedings pending are concerned. A husband may insure his life for the benefit of his wife, or for her and his, or her children or the children of both or any of them, or any parent may insure his or her life for the benefit of his or her children, and either for lite or a fixed period, with premiums payable for the whole period or one limited. Or a husband, father or mother may appropriate a policy drawn in his or her name to the benefit of his wife, or his or her children, by a declaration endorsed on or attached to such a policy,—a duplicate being filed with the Co.; the Co. to note this on the policy or the declaration. The mother may do this without her husband's authorization. Where the appropriation is in favour of more than one, the party apportions the amount at discretion, but where no apportionment is made, when the appropriation is for wife and children, she takes one-half and they divide the other equally. And if in favour of children alone, they divide equally. If a child entitled under an apportionment dies before the policy falls in, its heirs succeed; if there be no apportionment the part of the mother and child so dying falls by accretion to the others named. A party may revoke the appropriation by policy or declaration, or limit or change it from several to one, or from one or more to other or others of the parties named above, in a similar manner to the apportionment by declaration. Unless the Co. receive notice it may pay to the parties originally named. When any child to whom shares have been apportioned dies without issue, or the wife dies, the share reverts to the husband or father insured. The amount of the policy may be made payable directly to the parties in whose favour it is appropriated, or to trustees in their behalf. These trustees may be appointed by a subsequent instrument notified to the Co. as an appropriation, or by will, copy of which must be filled with the Co. on the testator's death. If there be no trustees then payment for minors &c. is made to the executors who are trustees; or if the party die intestate to tutors or curators or the parties; and if trustees refuse to act in case of persons who have attained majority then directly to them. The Co. is then discharged and is not bound to see to the investment of the moneys, or liable for its misapplication. Trustees, curators, &c., for minors and others not possessed of fill legal rights invest the moneys in Government or Municipal securities or first hypothecs. Trustees for others fulfil the conditions of trust or pay directly if there be none. In the case of minors &c., the revenue from investments is used for the support of the parties and the surplus, if any, re-invested till the minor comes of age, or such other party regains full legal rights, when all is transferred to them, or if they die meantime, to their heirs. Or, if thought best, the investments may be realized in order to settle such minor in business, or to marry her, if a girl. If the party insured cannot meet the premiums, he may surrender it and take a paid up policy for the amount earned In favour of the same parties. If the Insurance be with profits, insured may dispose of them as he will. The insured may borrow, if he finds It necessary, moneys necessary to keen up the premiums, on the security or the policy, and these loans being notified to the Co. it must retain the amount for the creditor unless an acquittance is meantime filed with it. Policies so made or appropriated or the moneys while in the hands of the Co. may not be attached for the debts of the insured The acceptance of Insurance moneys is not to be construed as the acceptance of a succession or com- page 111 munity. If premiums are paid when insured is insolvent, in fraud of creditors, they may recover the amount so paid, reducing the insurance moneys to be paid to the parties named. Rights under previous laws are not to be interfered with; nor does this Act apply to insurances made in favour of or transferred to a wife under her marriage contract.

Local and Private Acts.

Chap. 14.—Amends the several Acts incorporating the City of Qubbec and authorizes the corporation, for the purpose of meeting its floating and other debts, to issue bonds for not less than $100 each for $500,000 in all, payable in 30 years at 6 p.c interest. In the Act respecting the Recorder and those sitting in his place, a member of the Council should be read for councillor, to include aldermen as well. It shall be optional with the Council to appoint 2 auditors as provided by 20 V. c. 57. s. 26, or to name a permanent paid auditor.

Chap. 15.—Amends the Act incorporating the Lake Champlain and St. Lawrence Junction Railway Co. by extending the date of the completion of the Railway to 23rd Dec, 1881. The present Act and the Acts 35 V., c. 31; 36 V., c. 48; 39 V., c. 54, and 40 V.. c. 32, are to be read as forming one and the same Act.