Right of retrait

lished.

CAP. LII.

An Act respecting the repeal of the Law Æde.

HER Majesty, by and with the advice and consent of the

Legislative Council and Assembly of Canada, enacts as

follows:

1. Whereas the Law Ede, whereby the landlord or proprietor had a right to go into possession of the house leased and evict his tenant there from before the expiration of the lease, for the purpose of occupying himself the premises, ought to be repealed,---therefore, so far as respects the right above mentioned, the said Law Ede is repealed; and it shall not be competent to any landlord or proprietor, upon any lease made after the fourteenth day of June, 1853, to evict his tenant under or by any such Law for the cause aforesaid, unless the said right has been expressly reserved by the lease, and in that case at least one month's previous notice shall be given, unless it be otherwise stipulated in the lease. 16 V. c. 204.

CAP. LIII.

An Act respecting the abolition of Retrait Lignager.

ER Majesty, by and with the advice and consent of the
Legislative Council and Assembly of Canada, enacts as

follows:

1. The right of Retrait Lignager and all rights of action resultlignager, abo- ing therefrom or contingent thereupon, are abolished, and the seventh title of the Custom of Paris and the articles composing the same are annulled and repealed. 18 V. e. 102, s. 1.

Proceedings

2. Proceedings arising out of the Retrait Lignager pending pending on 30th before and on the thirtieth day of May, 1855, before Courts of Justice, shall not however be affected hereby. 18 V. c. 102, s. 2.

May, 1855, not affected.

Parties who

CAP. LIV.

An Act to secure the titles of certain persons naturalized under the Act of Lower Canada, 1st Will. IV, Cap. 53.

ER Majesty, by and with the advice and consent of the

H Legislative Council and Assembly of Canada, enacts as

follows:

1. All parties who have duly complied with the requirements have complied of the Statute of Lower Canada, 1 W. 4. c. 53, are confirmed with Act 1 W. and maintained in the enjoyment of all Real Property which

was

enjoyment of

when said Act

was in their actual occupation and enjoyment at the time of 4, c. 53, mainthe passing of the said Act, and which at any time before had tained in the been devised and bequeathed to them by Will, Deed or Gift, property enor otherwise, or of which they took possession and enjoyed in joyed by them fact, as if they had been legal Heirs of their deceased parents was passed. being Aliens, and in all Rights, Title and Interest in and to such Real Property, and the rents, issues and profits thereof, as fully as any Natural-born Subject of the Crown might, and could, and may and can take, hold and enjoy Real Property devised or bequeathed to him or them, or coming to him or them by right of descent and inheritance; any Law, Judgment, or Process to the contrary notwithstanding. 12 V. c. 198, s. 1.

turbed in their

2. Any party having so complied with the said Statute of Remedy of such Lower Canada, and Naturalized by virtue thereof, who by parties if disreason of his having been or being an Alien, is disturbed or possession by who has since the passing of that Act been disturbed on such parties claimground, in the actual enjoyment and occupation of ing under judgReal any ments, &c. Property by him claimed under the said Statute as Heir, Devisee, Donee or Grantee of his father or mother being Aliens, by any party or parties claiming under any Judgment, Order, Decree, Writ, Process or Proceedings of any Court or Courts of Justice at any time rendered by order thereof, may apply by petition to the Superior Court in Lower Canada, and upon proof by affidavit or otherwise, that the said party petitioning hath been Naturalized under the said Statute, and upon proof of service of a copy of such petition upon the adverse party or parties at least twenty-one days before the day of presenting such petition, such Court shall make an Order to Court to make quash all Writs of Execution and all proceedings under colour an order to of any Judgment or Judgments, or of such Writs and Process, quash the proby which such petitioner is disturbed in or deprived of the enjoyment and possession of any Real Property so by him claimed, held, occupied and enjoyed under the said Statute, as Heir, Devisee, Donee or Grantee of his father or mother being

ceedings.

Aliens, and upon the making of the said Order all proceedings Effect of order. whatever under such Judgments, Writs and Process shall surcease and determine, and the said Writs and Process shall be quashed and annulled and set aside. 12 V. c. 198, s. 2.

awarded before

3. Nothing herein shall prevent any remedy which any This Act not to party now has to enforce the payment of costs awarded under affect costs any Judgment against any other party Naturalized under the 23rd Novemsaid Statute, and otherwise entitled to claim the protection ber, 1859. of this Act, but every remedy which the party having an award of costs is entitled to exercise, shall continue to be exercised as if this Act had never been passed. 12 V. c. 198, s 3.

Shipping Mas

ter.

To enter into bonds to Her Majesty for the discharge of his duties.

Oath to be

CAP. LV.

An Act respecting the Shipping of Seamen.

ER Majesty, by and with the advice and consent of the
Legislative Council and Assembly of Canada, enacts as

follows:

1. The Governor may appoint during pleasure a fit person to be Shipping Master for the Port of Quebec :

2. The person so appointed shall, previously to entering upon his duties as such Shipping Master, himself, with two responsible sureties, enter into bonds to Her Majesty, in the penal sum of two thousand dollars each, for the faithful discharge of his duty, which bond shall enure to the benefit of all parties damnified by the misfeasance, malfeasance or nonfeasance of the said Shipping Master, and all parties damnified shall be entitled to recover from him, and from his sureties to the amount of the bond, before any Court of competent jurisdiction, the amount to which they may have been so damnified;

the

3. The said Shipping Master shall, before entering upon taken by him. duties of his office, take and subscribe the following oath, before any of Her Majesty's Justices of the Superior Court in the District in which the Shipping Master resides ;--

Oath to be filed.

He may ap

"I, A. B., do solemnly swear that I will faithfully and truly perform the office and duty of Shipping Master according to "the true intent and meaning of the Act respecting the Shipping

of Seamen; that I will not, either directly or indirectly, per"sonally, or by means of any other person or persons on my "behalf, receive any fee, reward, or gratuity whatsoever, by "reason of any function of my office as Shipping Master, except such as are allowed to me by the said Act; and I "will not directly or indirectly accept of any bill or draft, bon "or note, from any Seaman whatsoever; and that I will act "without partiality, favor or affection, and to the best of my "knowledge; So help me God."

4. The said oath and bond shall be filed and kept among the records of the office of the Registrar of this Province. 10, 11 V. c. 25, s. 1.

2. The said Shipping Master may appoint such and so point deputies. many Deputies for the said Port, as the Council of the Board of

Trade

Trade of Quebec deems necessary, and each such Deputy shall have the powers given to him by this Act, and shall take and subscribe the above oath before any of Her Majesty's Justices of the Peace, and the same shall be filed in the office of the Clerk of the Peace for the District of Quebec:

2. Each Deputy, so appointed, shall himself, with two res- Bonds to be ponsible sureties, enter into bond to Her Majesty, in the penal entered into by deputies. sum of eight hundred dollars each, for the faithful discharge of his duties, which bond shall enure to the benefit of all parties damnified by misfeasance, malfeasance, or nonfeasance of such Deputy, and all parties damnified shall be entitled to recover from the said Deputy and his sureties before any Court of competent jurisdiction, upon such bond, by suit or action, to the amount to which they have been so damnified. 10, 11 V. c. 25, s. 2.

3. No person selling any spirituous liquors or groceries, Certain persons tavern keeper or boarding-house keeper, or bailiff, shall be ineligible as. eligible to the situation of Shipping Master or Deputy. 10, 11

V. c. 25, s. 3.

4. For each Seaman shipped, the Shipping Master shall be Fees to Shipentitled to take and receive the sum of One dollar, and for ping Master on every certificate of Shipment, if required, the sum of Fifty cents, Seamen. shipment of from the Master of the Vessel on board of which such Seaman is shipped or to which he belongs. 10, 11 V. c. 25, s. 4.

deducting sa

over balance to

5. The fees payable under this Act and received by the Such fees to be Shipping Master, shall be funded, and shall be accounted for funded and after by him in the same manner and form as other public moneys lary, Shipping are accounted for within this Province; and after retaining a Master to pay sum not exceeding one thousand dollars, for each year's service, Receiver Geby way of salary and in lieu of all emoluments of office what- neral. soever, the Shipping Master shall pay into the hands of the Receiver General for the public uses of the Province, the net balance received as such fees, after deducting necessary expenses and disbursements. 11 V. c. 5, s. 1.

6. The Shipping Master shall keep a Registry of all Seamen Registry of shipped, which shall be open for public inspection :

Seamen.

Ticket.

2. And every seaman desirous of shipping shall exhibit his Exhibition of Registry Ticket (if any he has) to the Shipping Master, before Registry he shall be shipped, and he shall not be shipped unless he exhibits such Ticket or shews to the satisfaction of the Shipping Master why he has no Ticket or does not exhibit it. 10, 11 V. c. 25, ss. 5, 6.

only may pro

7. No person not being such Shipping Master or Deputy as Certain persons aforesaid, or not being the owner, part owner, master or person vide or engage in charge of a Merchant Vessel, or the Ship's Husband, shall Seamen.

Seamen not to

be accepted or engaged in contravention of this Act.

Penalty in such

case.

Penalty on per

fter to engage Seamen.

hire, engage, supply or provide a Seaman to be entered on board any Merchant Vessel. 10, 11 V. c. 25, s. 7.

8. No owner, part owner, master, or person in charge of any Merchant Vessel, or Ship's Husband, shall knowingly receive or accept to be entered on board the said Vessel, or permit to remain on board the same, any Seaman who has been hired, engaged, supplied or provided, to be entered on board thereof, contrary to the provisions of this Act. 10, 11 V. c. 25, s. 8.

9. Any person guilty of any of the offences above described shall forfeit and pay for each and every seaman hired, engaged, supplied or provided to be entered on board, or for every seaman knowingly received or accepted to be entered on board contrary to the provisions of this Act, any sum of money not exceeding forty dollars, upon conviction thereof, for each offence, although several seamen be included in the same contract, or several seamen be received or permitted to remain at the same time. 10, 11 V. c. 25, s. 9.

10. No person shall employ any person other than such sons employing other than the shipping master or deputy, for the purpose of engaging or proShipping Mas- viding seamen to be entered on board merchant vessels; and any such shipping master or deputy, knowingly employing any other person for the purpose aforesaid, shall forfeit and pay a sum not exceeding forty dollars, and in addition thereto, shall forfeit his office. Ibid, s. 10.

No payment of wages in ad

vance to be

11. The owner, part owner, master or person in charge of any merchant vessel or ship's husband, shall not pay in advance, nor give any note in writing or otherwise in the nature ship's articles of, and purporting to be an advance note for any part of the

made to Sea

men, until the

have been signed.

Penalty on per

fees for hiring

wages of any seamen hired, engaged, supplied or provided to be entered on board the said ship, until six hours after the ship's articles have been duly signed by the said seamnan, and by the master or owner of the said vessel, and then only to the seaman himself, unless such wages or advance of wages be paid in money, in which case the payment thereof may be made to the seaman himself, at any period most convenient after the signing of the said ship's articles as aforesaid; and all payments of wages contrary to the provisions of this Act shall be null and void, and the amount thereof shall be recoverable by the seaman as if they had not been paid or advanced. Ibid, s. 11.

12. If any person demands or receives from any seaman, or sons receiving from any person other than the owner, part owner, master-or Seamen,except person in charge of a merchant vessel, or the ship's husband requiring seamen, any remuneration whatever, either directly or indirectly, for and on account of the hiring, supplying or providing any such seaman, he shall forfeit for every such offence a sum not exceeding twenty dollars. Ibid, s. 12.

from certain parties.