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thereof.

the formation which they shall be subject, shall be determined by order of the Lieutenant Governor in council, which order in council shall, at the proper time, be published in the "Quebec Official Gazette " to serve as of right.

Subsidy from
Government,

Payment of subsidy.

Return to the Legislature by the Com

missioner.

Act in force.

The Lieutenant Governor in council may also, instead of making by-laws, approve in the same manner, those already made by an existing society.

3. It shall be lawful for the Lieutenant Governor in council when a society of this nature shall have been established in one of the said cities, and shall have complied with the regulations passed in virtue of the preceding section, to grant from and out of the Consolidated Revenue Fund of the Province, for the present fiscal year, a subsidy equal to one half the amount subscribed and paid by the members of such society, by the municipality within which it is situated, as well as by other persons, to the extent of the sum of twenty thousand dollars for each of the cities of Quebec and Montreal.

4. The manner of paying the amount of such subsidy to such society, and the time for so doing, shall be determined by the Lieutenant Governor in Council,

5. The Commissioner of Crown Lands shall, at the next ensuing session of the Legislature, make a return of the quantity of land granted, and of the sums paid in virtue of the present act, the operations of the various societies established, and the results obtained, in the most complete and detailed manner in which it can possibly be done.

6. The present act shall come into force on the day of its sanction.

41-42 Vict. c. 6, repealed,

CAP. X.

An act to amend the arts respecting the sale of lands for the working of phosphate mines.

H

་།

[Assented to 31st October, 1879.]

ER MAJESTY, by and with the advice and consent of the Legislature of Quebec, enacts as follows:

1

1. The act 41-42 Vict., chap. 6, amending the "Phos

and S. 16 of phate Mines Act," is hereby repealed, and section 16 of the act 41 Vict.. chap. 4, is again in force.

41 V. c. 4,

again in force

2 The provisions of sections 13, 15, 18 and 19 of the Duty of 50 cents per ton, Phosphate mines Act," relating to the imposition of a suspended(41 duty of fifty cents per ton upon the output of phos- v. c. 4 ss 13. phate, are suspended and shall not have force and effect 15 18. 19.) until they shall have been again put into force by order of the Lieutenant Governor in Council.

same act is repealed and

3. Section 12 of the said act is repealed and replaced S, 12 of the by the following: "12. The Commissioner of Crown Lands may, from replaced. Sale time to time, and as often as circumstances may require, by auction of offer and put up for sale, such number of phosphate lots phosphate as he may deem proper.

lots.

This sale shall be by public auction, after notice duly Notice. given and published during at least two calendar months, in the French and English languages in the Quebec Official Gazette, and at least in one French and in one English news-paper, if there be any published in these two languages in each of the cities of Montreal, Quebec, Ottawa, Three Rivers and Sherbrooke, and in the town of Sorel.

At each such sale, the upset price or first bid shall be Upset price. fixed and determined by the Commissioner of Crown Lands, but shall not in any case, be less than two dollars per acre; and the entire price of the adjudication shall be payable in cash. "

Sales pre

vions to 41

4. All sales of lands made previous to the passing of the phosphate mines act, 41 Vict., chap. 4, under the V ordinary settlement regulations, the conditions of which shall not have been fulfilled, anterior to the date of the present act, shall become subject to the provisions of the fifteenth section of the said section of the said " Phosphate Mines Act."

.c. 4 8. 15.

tain condi

And, in such case, every such sale may be maintained Sale, maintaiby the Commissioner of Crown Lands, and remain in and under cer force, provided that the purchaser or his representatives, tions. accept the new condition, namely: to pay, on demand, the additional price and, within one year, fulfill the original conditions of settlement stipulated in the original sale; if not, each such sale may be cancelled in virtue of the law or laws respecting the same.

5. This act shall come into force on the day of its Act in force. sanction.

Preamble.

S 2, 33 V., c. 29.

Right of way

for purpose of

CA P. XI.

An act to amend the Gold Mines Act.

[Assented to 31st October, 1879.]

HEREAS it is important to facilitate gold mining

in the province of Quebec, and that for that purpose, it is advisable to amend the act 33 Vict., chap. 29 of the statutes of this Province; Therefore, Her Majesty, by and with the advice and consent of the Legislature of Quebec, enacts as follows:

1. Section 2 of said act is repealed, and the following substituted in lieu thereof:

"2. Any corporation or person, having the mining of working rights on any real property, in any gold mining gold mines. division of this province, or any holder of a licence to

mine for gold, with the consent of the owner of the soil, and of the owner of the mines, on any real property in any such gold mining division, may, after due notice to all the owners of the lands whose interests may be affected by the works, which such corporation or person, or holder of such licence, seeks to make, upon application to the gold mining Inspector of such division, clearly setting out the nature of such works, and upon the report of such Inspector, obtain from the Commissioner of Crown Lands, who may grant or reject such application, a right of way, and also the right to execute such works on the lands of adjoining proprietors, as may enable such corporation, person or holder of such licence, having such mining rights, to work on his mining location and to extract all the precious metals from such mining location, after having paid unto such contiguous proprietors, to Payment of the satisfaction of such gold mining Inspectors, all damages to be incurred by such adjoining owners, and to be determined in the manner and form hereinafter enacted; Provided, however, that nothing contained in this act, shall be construed as giving to such corporation, person or holder of such licence, the right to divert the course of any spring, stream or river so as to deprive the inferior riparian proprietors of the use of the waters of such spring, stream or river.

damage.

Proviso.

Responsibility for damages.

Deposit of amount of

damages in

2. Every licensee shall be responsible, for all damages to property, arising from such work, towards such landowners as may suffer thereby.

3. No works shall be carried out under the present act, unless the amount of actual damages, which shall have

been fixed by the gold mines Inspector in virtue of the the hands of the inspector preceding section, shall have been paid, together with before carrythe costs taxed by the said Inspector, into the hands of ing out work. the said Inspector who shall give a receipt therefor, and shall without delay authorize the construction of the works applied for.

deposit.

4. The gold mines Inspector shall, without delay, Notice by give notice to the parties interested, that such deposit is inspector of in his hands at the disposal of the proprietor, and if, within the fifteen days following such notice, no person has appealed from his decision, in the manner hereinafter set forth, such deposit shall be declared sufficient and shall be paid to the proprietor at his request.

5. If any of the parties interested, considers himself Persons ag. aggrieved by the decision of the gold mines Inspector, the decision grieved by rendered in virtue of the present act, within the fifteen of the inspec days following the notice of such deposit as hereinabove tor. set forth, the damages shall be assessed by arbitration in the manner set forth in sections three, four and five of the Gold Mines Act, 1870, in so far as they shall not be inconsistent with the provisions of the present act.

Crown Lan 's.

6. When the works to be done are to be carried out Works caron Crown Lands, the application for the necessary auried out on thorization, shall be made to the Commissioner of Crown Lands, who shall authorize the construction of such works on the conditions which he may deem it necessary to impose, or shall refuse to authorize them, and the decision of the Commissioner of Crown Lands shall be final and without appeal.

Act in force.

7. The present act shall be known as the: "Gold Mines Name of Act. amendment act of 1879," and shall come into force on the day of its sanction

CAP. XII.

An act respecting Coroners' Inquests.

[Assented to 31st October, 1879.]

WHEREAS it is expedient to put an end to the holding Preamble.

of useless inquests in the Province of Quebec, in

the case of sudden deaths arising from accidents and without the commission of any crime; Therefore, Her Majesty, by and with the advice and consent of the Legislature of Quebec, enacts as follows:

When coro.

ner shall ho'd an inquest.

Coroner may order burial.

Burial of persons sudden

1. No coroner shall hold an inquest on the death of any person, unless he is furnished with a certificate signed by a justice of the peace establishing that there is reason to suspect that such death has been caused by the commission of a crime, or when such inquest is demanded by a requisition in writing signed by the mayor, the curé, pastor or missionary of the locality, or by a justice of the peace of the county.

2 After or during such inquest, the coroner may give an order to bury the body of such person, and this order shall always be considered as an authorization to proceed with such burial.

3. The body of any person, suddenly deceased, by ly deceased. pure accident and whose decease has not given rise to such information, as above mentioned, shall be buried in the ordinary manner; and no certificate and no authorizationshall be required in order to proceed with such burial.

Death of pri

soners.

inquests.

4. The death of any person detained in the provincial penitentiary, in a common jail or reformatory, under the authority of a judgment of a court or otherwise, but without necessitating the complaint or the requisition mentioned in the first section, shall be established in a register which shall, for the future, be kept in accordance with the provisions of title 2 of the Civil Code, by the warden of the penitentiary, the sheriff of the district in which such common jail is, or the guardian of such reformatory as the case may be.

Services of a 5. In the case of an inquest held as above mentioned, physician at the jurors, if they think the same really necessary, may require the services of a physician of the locality where the inquest is held or of the nearest possible locality.

Costs of inquests.

Detailed

statement to Prov. Sec.

Corpses

6. The costs of such inquests are regulated by the tariff contained in Schedule A forming part of the present act.

7. Within fifteen days following the holding of such inquest, the coroner shall send a detailed statement of the costs of such inquest, to the Provincial Secretary, with a certified copy of the information or requisition above mentioned.

8. Any corpse found within the limits of a town, within cities, city, parish or township, shall be buried at the expense &c, buried at of the corporation of such town, city, parish or township; corporation and the provisions of the third section shall apply to such

expense of

burial.

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