XVI. And be it enacted, That this Act shall apply for the protection of all persons for any thing done in the execution of their Office, in all cases in which, by the provisions of any Act or Acts of Parliament, the several Statutes or parts of Statutes by this Act repealed would have been applicable if this Act had not been passed.

XVII. And be it enacted, That this Act shall apply to Upper Canada only; and that the word "County" in this Act shall include Unions of Counties for judicial purposes.

STEAMBOATS TO CARRY LIFE PRESERVERS.

CAP. CLXVII.

AN ACT TO AMEND THE ACT, INTITULED, AN ACT TO AMEND AN ACT, INTITULED, "AN ACT TO COMPEL VESSELS TO CARRY A LIGHT “DURING THE NIGHT, AND TO MAKE SUNDRY PROVISIONS TO REGU“LATE THE NAVIGATION OF THE WATERS OF THIS PROVINCE."

[Assented to, 14th June, 1853.]

N amendment of the Act passed in the session held in the fourteenth and fifteenth years of Her Majesty's Reign, intituled: An Act to amend an Act, intituled," An Act to compel Vessels "to carry a Light during the night, and to make sundry provisions "to regulate the Navigation of the Waters of this Province:" Be it enacted, &c., That at least one of the Boats provided for and carried with every Steamboat engaged in the transportation of freight and passengers in pursuance of the ninth section of the said Act hereinbefore first cited, shall be a life-boat, made of metal, fire-proof, and in all respects a good, substantial, safe sea-boat, capable of sustaining, inside and outside fifty persons, with life-lines attached to the gunwale at suitable distances, and that all of such boats shall be well furnished with oars and other necessary apparatus, and shall be good, substantial and safe boats, and in good condition at all times for service.

II. And be it enacted, That it shall also be the duty of the Owner and Master of every such Steamboat as aforesaid, to provide and carry with the said Steamboat upon each and every voyage, a good life-preserver, made of suitable material, or a float well adapted to the purpose, for each and every passenger, which life preservers and floats shall always be kept in conve nient and accessible places in such Steamboats, and in readiness for

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for the use of the passengers; and also at least twenty-five firebuckets and five axes.

III. And be it enacted, That every such Steamboat carrying passengers on the main or lower deck, shall be provided with sufficient means convenient to such passengers for their escape to the upper deck, in case of fire or other accident endangering life.

IV. And be it enacted, That the foregoing provisions shall have force and effect, upon, from and after the first day of January, one thousand eight hundred and fifty-four, and not sooner.

V. And be it enacted, That it shall be lawful for the Governor in Council, at any time after the passing of this Act, by an Order or Orders in Council, from time to time to prescribe and regulate the number of Cabin or Steerage or other passengers, that may be carried by any Steamboat, or class of Steamboats in this Province, either in proportion to the dimensions or tonnage, thereof, or both, or otherwise howsoever: Provided always, that no such order in Council shall have any force or effect, until after it shall have been published at least twice, at an interval of at least six days between each publication, in the Canada Gazette.

VI. And be it enacted, That the same penalty shall be and the same is hereby attached to the contravention of any of the provisions of this Act, or of any such Order in Council as aforesaid, as is contained in and enacted by the said ninth section of the Act hereinbefore first cited, that is to say, that for every contravention in respect of any Steamer in this Province, on any one voyage or trip thereof of any provision in this Act or in any such Order in Council applicable to such Steamer, the owner or master thereof shall forfeit and pay the sum of Fifty Pounds, currency.

RESPECTING WILLS.

EVERY PERSON, of sound intellect and of age, having the legal exercise of their rights, may devise or bequeath by last will and testament, their Estates, both Real and Personal.

Wills should be Registered as soon as possible after the death of every respective Devisor, Testator or Testatrix, in the County or District, within which the property is situated, so as to be where they would always remain subject to the inspection of any-one that might be interested to know their import; and to that end, it would be well that the testator should, in his last illness, acknowledge in the presence of a Justice of the Peace,

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that

that the Will in question is his deliberate act and final determination, and that he does, in the presence of said Magistrate, confirm it as his last Will and testament. It is very important that Wills should be so written, as to admit of no possible misconstruction: They must be, in every respect, according to law, or they will be in a manner, if not wholly, useless.

Every last Will and Testament of Real or Personal property, must be executed and attested, in the following manner: The testator's name must be subscribed by the testator, at the end of the Will; accompanied by a seal, executed in the presence of two witnesses. Such subscription must be made by the testator in the presence of each of the attesting witnesses, or by him acknowledged to have been so made to each of the attesting witnesses; at the request of the testator, and in the presence of each other. The testator must declare the instrument so subscribed, at the time of acknowledging the same, to be his last Will and Testament.

A codacil is a supplement to a Will, and must be attested in the same manner as the Will.

To Disinherit an Heir at Law.

AN HEIR, At law cannot be disinherited by a will, unless by express terms in the Will, showing such an intention on the part of the testator. It is, therefore, generally requisite to name in the Will every person or family, who would be lawfully entitled to share in the inheritance, if there were no Will. And this may be done by naming such individual or individuals as the testator intends to disinherit, and declaring that he shall give them nothing, assigning the reasons for such decision, or by giving to each of such persons, five or ten shilling, or any other nominal small sum.

This, however, is a ceremony which is not of very frequent

Occurrence.

A WILL OF REAL AND PERSONAL ESTATE. THIS INSTRUMENT, WITNESSETH: That I, William Stearnley, of the City and District of Montreal, of the Province of Canada, being of sound and disposing mind, memory, and understanding, do make, publish, and declare this to be my last will and testament; hereby revoking and making null and void all former last wills and testaments, and writings in the nature of last wills and testaments by me heretofore made.

MY WILL IS FIRST; that my funeral charges and just debts shall be paid by my executor hereinafter named.

The residue of my estate and property which shall not be required for the payment of my just debts, funeral charges, and

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the

the expenses attending the execution of this my will, and the administration of my estate, I Give, devise, and dispose thereof as follows, to WIT:-I give and devise to my beloved wife, Susan Sharp Stearnley, all my household furniture, my pew in the St. George's Church, and the sum of one thousand five hundred pounds, in cash, to be paid her in four months after my decease, by my executor hereinafter named, to have and to hold to her and her heirs, executors, and administrators, to her and ther use and behoof forever. I do also bequeath to the said S. S. S., my beloved wife, the entire, exclusive, and undivided use of my dwelling-house, situated in Richmond Square in the City of Montreal, where I now reside, to have and to hold the same for and during her natural life, then the proceeds, of said dwelling-house are to be equally divided between my son and daughter, hereinafter named:-I Give and bequeath to my daughter Amelia Stearnley, the sum of seven hundred and fifty pounds, to be paid to her by my executor hereinafter named, within six months after my decease, (or when she becomes of the age of twenty-one years, this proviso is necessary if she or he as the fact may be is not of age,) TO HAVE AND TO HOLD the same to her, and her heirs, executors, administrators and assigns, to her and their use, and behoof forever.

I Give and bequeath to James Hale, son of my friend L. Hale, of St. Johns, C. E., in token of my friendship for him, seventy five pounds, to be paid to him by my executor hereinafter named, within one year after my decease, to have and to hold the same to him the said J. H., his heirs, executors, administrators and assigns, to his and their use forever.

I Give, devise, and bequeath all the rest and residue of my estate, real, personal, and mixed, of which I shall be seized and possessed, or to which I shall be entitled at the time of my decease, to my only son Harrison Stearnley, to have and to hold the same to him, and to his heirs, executors, administrators and assigns, to his and their use, and behoof forever. And I do nominate and appoint my said Son, H. S. to be the sole executor, of this my last will and testament.

IN TESTIMONY WHEREOF, I, the said William Stearnley, have hureunto subscribed my name and affixed my seal, this ninth day of June, in the year of our Lord one thousand eight hundred and fifty-four.

WILLIAM STEARNLEY. [Seal.] Signed, Sealed and Declared, by the said W. S. to be his last will and testament, in presence of Lewis Richards and Thomas Henry Jones, who at his request, and in his presence, have subscribed their names as witnesses hereto, in the presence of each other.

Lewis Richards,

Thomas H. Jones, both of the

or District of

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(or as the case may be).

ANOTHER WILL OF REAL AND PERSONAL ESTATE. I, HORACE WILLIAMS, of the City of Toronto, in the County of York, of the Province of Canada, late merchant, of the said City, of the age of years, and being of sound mind and memory, do make, publish and declare, this my last will and testament, in manner following, to Wit:

MY WILL IS: That my funeral charges and just debts shall be paid by my executrix hereinafter named. The residue of my estate and property which shall not be required for the payment of my just debts, funeral charges, and the expenses attending the execution of this my will, and the administration of my estate, I Give, devise, and dispose thereof as follows, that is to say:

FIRST, I Give

the sum of

and Bequeath to my Wife Adelaide Williams, pounds, currency, to be received and accepted by her in lieu of Dower; to my sons, Charles Williams and Horace Williams, Junr., each to receive the sum of pounds, currency; to my daughter, Sarah Williams, the sum of pounds, currency; And to my daughter-in-law, Lucy Williams, widow of my eldest son, Oliver Williams, deceased, the sum of pounds, currency; Which said several legacies or sums of money; I direct and order to be paid to the said respective legatees, within one year after my decease.

SECOND, I Give and Devise to my sons, Charles and Horace Williams, aforesaid, their heirs and assigns, all that certain parcel or tract of land, situate, lying and being, in the &c., (here give full description of the premises ;) Together with all the hereditaments and appurtenances thereunto belonging or in any-wise appertaining To HAVE AND TO HOLD the premises above described to the said Charles and Horace Williams, their heirs and assigns, forever.

THIRD, I Give and Devise all the rest residue and remainder of my real estate, (here give description ;) to my said daughter, Sarah Williams, and my said daughter-in-law, Lucy Williams, to be divided equally between them share and share alike.

AND lastly, I Give and Bequeath all the rest, residue and remainder, of my personal estate, goods and chattels, of every nature or kind soever, to my said wife, Adelaide Williams, whom I hereby appoint sole executrix, of this my last will and testament; hereby revoking all former wills by me made.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal, this day of , in the year of our Lord

one thousand eight hundred and fifty

HORACE WILLIAMS. [Seal.] The above instrument, consisting of one sheet, was, at the date thereof signed, sealed, published and declared, by the said Horace Williams, as and for his last will and testament, in

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presence