An Act to amend the Law for the admission of Attornies and Calling of Barristers in Upper Canada. [ 28th July, 1847. ] HEREAS by an Act passed by the Parliament of Upper Canada in the seventh Preamble. Wyear of the Reign of His late Majesty King William the Fourth, intituled, An Act of U. C. Act to amend the Law for the admission of Barristers and Attornies, and to provide for the further relief of William Conway Keele, it is provided, that graduates of any University of the United Kingdom of Great Britain and Ireland, or of the University of King's College, may be admitted as Attornies after three years' service, and may be called to the Bar after three years' standing in the Books of the Law Society of Upper Canada; And whereas it is just and expedient to extend the same privileges to the graduates of other Universities or Colleges in Upper Canada having the power to confer degrees: 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 case any person who shall have taken, or who shall take the degree of Bachelor of Arts, or Bachelor of Law, or of Master of Arts in Queen's College, at Kingston or Victoria College, or who shall hereafter take such degree in any University or College in Upper Canada having the power to grant degrees, shall, at any time after he shall have taken or shall take such degree, be bound by contract in writing to serve as a Clerk for and during the space of three years to a practising Attorney in Upper Canada, and shall faithfully serve for three years in pursuance of such contract, he shall on due proof of such service, be entitled to be admitted and sworn an Attorney in the same manner, and of the same Court or Courts in Upper Canada, and as fully and effectually to all intents and purposes as if such person had served under Articles for the term of five years. II. And be it enacted, That any person who shall have taken, or who shall at any time hereafter take, such degree as is mentioned in this Act, and who shall have been or who shall be entered of and admitted into the Law Society of Upper Canada, as a Student of Laws, and shall have been standing in the Books of the said Society for and during the space of three years, and shall have conformed himself to the rules and 7. Will. 4. c. 15, cited. Graduates of Queen's Victoria Col lege, or of lege in Upper be admitted as attornies in three years' clerkship with attorney. U. C. after a practising Such gradates after three years' standing in the books of the Law Society of Upper Ca nada, and after having conformed to the Act 37 Geo. 3 c. 13, U. C. in that admitted as Barristers in U. C. The Courts of in their discre tion admit as attcrnies and regulations of the said Society according to the directions of an Act passed in the thirty-seventh year of the Reign of King George the Third, intituled, An Act for the regulating the Practice of the Law, or any other Acts for regulating Barristers in Upper Canada, shall be qualified to be called and admitted to the Practice of the Law as a Barrister in any of the Courts of Law or Equity in Upper Canada, as fully and effectually as any person of five years' standing in the Books of the said Society is qualified, by virtue of the said recited Act, or any other Act for regulating the Practice of the Law; anything in the said Acts or any of them to the contrary in anywise notwithstanding. III. And be it enacted, That it shall and may be lawful for the Courts of Queen's Bench and Chancery respectively in their discretion to admit as Attornies or Solicitors of the said Courts, respectively, and the said Society aforesaid, to admit as Barristers, any person or persons who shall have taken any of the Degrees aforesaid at King's College, Queen's College or Victoria College in this Province, and shall have been three years under Articles or standing on the Books of the said Society, as the case may be, notwithstanding that such person or persons shall have entered into such aforesaid after Articles, or been admitted upon the Books of the said Society before taking any such degree as aforesaid. Solicitors, and So ciety as Barristers, such graduates as three years' clerkship or standing, altho' the same commenced before they graduated. MONTREAL :-Printed by STEWart DerbisHire & George Desbarats, An Act for the relief of certain Landholders in the District of Gaspé. [ 28th July, 1847. ] cited. Free grants may be made were actual 26th Sept.1828. Limitation of to persons who Settlers before HEREAS an assurance was graciously given by His Excellency Sir James Preamble. Kempt, administrator of the Government of Lower Canada, bearing date at Sir James the Castle of St. Louis, Quebec, the twenty-sixth day of September, one thousand eight Kempt's decla hundred and twenty-eight, that "those who then were actually and bona fide settled Sept. 1828, " and had made improvements upon the waste lands of the Crown in the District of Gaspé, should be allowed grants thereof in proportion to the extent of those improve"ments upon the usual scale of grants to actual settlers ;" And whereas it is expedient to confirm by an Act of the Legislature the aforesaid pledge, and to adopt measures for the fulfilment thereof: 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 free grants of all such Crown Lands in the District of Gaspé as were and had been previous to the aforesaid twenty-sixth day of September, one thousand eight hundred and twenty-eight, actually and bona fide settled upon, and improved, shall, upon the usual scale of grants at that time to actual settlers, that is to say, a tract or lot not exceeding in all one hundred acres in superficies, including the tract occupied and improved, to any one person or family accordingly in proportion to the extent of those improvements, be made and given to every such one person and family respectively, as then were actually settled and had made such improvements upon the same, or to their lawful representatives, or to the person or persons in good faith holding of him or them upon satisfactory proof being submitted to the Governor in Council at any time within two years next after the passing of this Act, of the occupation and im- Representaprovement aforesaid anterior to the period aforesaid of the said land claimed by the per- Upon what son or family petitioning for a grant thereof pursuant to the said assurance and to this proof. Act, the grantee paying such fee for the Letters Patent thereof as may be payable for And on pay. Letters patent whereby any waste lands of the Crown are or shall be granted, and ment of what which, in cases where His Excellency may see fit, may also be dispensed with: Provided always, that in all cases in which the land originally settled upon and occupied, persons whose shall extend beyond the frontage usually at the time aforesaid established for such holdings exgrants, and that such excess is or shall be in the actual possession of such original yond the li such grants. Such grants may be made to such persons or their tives. fees. Proviso: tend be mits of the free grants, to pre-emption for the rest. settler or his lawful representative, it shall be lawful for such settler or representative have a right of to claim and have a grant for such excess by pre-emption, upon payment by him to the Commissioner of Crown Lands for such excess at the rate or price required to be paid for bona fide occupied lands, under the regulations of the thirteenth of February last, tal extent limi- published by the Department of Crown Lands; Provided that the entire extent of such grant so claimed shall not as aforesaid exceed the said superficial extent of one hundred Proviso: to ted. Recital. may call in acres. II. And whereas it is expedient to ascertain with as little delay as possible the extent of lands that may have been so occupied and in good faith improved upon anterior to the time first aforesaid, and the applicants or claimants therefor: Be it enacted The Governor That it shall be lawful to and for the Governor of this Province for the time being, at any time within a twelve month next after the passing of this Act, by proclamation, or in such other manner as he shall deem most expedient, to call in all claims within the true intent and meaning of the aforesaid assurance and of this Act to be supported and accompanied by the proof aforesaid, and that such claims as shall not be so presented within the time appointed shall for ever afterwards be barred and of none effect. all claims under this Act, and if then the same be not made within the time he shall appoint, they shall be barred. MONTREAL :-Printed by STEWART DERBISHIRE & GEORGE DESBArats, An Act for repealing and consolidating the present Duties of Customs in this Province, and for other purposes therein mentioned. WH [ 28th July, 1847. ] recited. c. 94. HEREAS it is expedient for the interests of Commerce and the ends of Justice, Preamble. and also for affording convenience and facility to all persons who may be subject to the operation, or who may be authorized to act in execution, of the Laws of the late Provinces of Upper and Lower Canada, and of this Province of Canada, relating to the Customs, that those Laws should be repealed, and that the purposes for which they have, from time to time, been made, should be secured by new enactments, more consonant with the state of this Province since the late Union of the Provinces, and exhibiting more perspicuously and compendiously the various provisions contained in them: And whereas, by the Act of the Parliament of the United Kingdom of Great Certain ImBritain and Ireland, passed in the Session, held in the ninth and tenth years of Her perial Acts Majesty's Reign, and intituled, An Act to enable the Legislatures of certain British Imperial Act, Possessions to reduce or repeal certain duties of Customs, it is provided that whenever the 9 and 10 V. Legislature, or other proper legislative authority of any of the British Possessions in America or the Mauritius, make or pass any Act or Ordinance, Acts or Ordinances, reducing or repealing all or any of the duties of Customs imposed by the Act of the said Parliament, passed in the Session, held in the eighth and ninth years of Her Majesty's Reign, and intituled, An Act to regulate the Trade of British Possessions abroad, Imperial Act, upon any articles imported into such Possessions, and if Her Majesty, by and with the 93, advice of Her Privy Council, assent to such Act or Ordinance, Acts or Ordinances, such Duties of Customs shall, upon the Proclamation of such assent in the Colony, or at any time thereafter which may be fixed by such Act or Ordinance, be reduced or repealed in such Possession, as if such reduction or repeal had been effected by an Act or Acts of the Imperial Legislature, anything in any Act to the contrary notwithstanding; and it is expedient, and will greatly facilitate and encourage the commerce of this Province, to repeal all the duties imposed by the said Act of the Imperial Parliament, to the end that all the Duties of Customs, levied in this Province may be imposed, levied, and collected under one Act, and under the same regulations and provisions: 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, intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and 8 and 9 V. c. |