Public Subscriptions Act

CHAPTER 378

OF THE

REVISED STATUTES, 1989

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An Act Respecting
Subscriptions to Public Undertakings

Short title

1 This Act may be cited as the Public Subscriptions Act.

Liability of subscriber

2 Where any subscription list is opened and any subscription is made in aid of the erection of any road, bridge, place of worship or school-house, in aid of any other undertaking of public utility or which is designated in the subscription list as, or appears therefrom to be, a public undertaking, and such undertaking is commenced, every person who has engaged by written subscription to contribute money, labour or other aid towards the undertaking, shall be held liable to perform such engagement, notwithstanding any apparent want of consideration in the agreement for the same. R.S., c. 257, s. 1.

Right to enforce subscription

3 (1) The following persons may require every person who has so subscribed to perform his engagement:

(a) where a public grant is made in aid of such undertaking, the commissioner or other person appointed to expend such grant;

(b) where no public grant is made, the person to whom the performance or superintendence of such undertaking has been entrusted; and

(c) the person who has engaged in, and is then carrying on, such undertaking.

Right of action

(2) If any subscriber, after a written notice of at least one month, refuses or neglects to perform his engagement, he may be sued by such commissioner or other person in this Section mentioned, or by the person to whom the subscription is payable.

Liability of estate

(3) Nothing in this Section shall be construed to bind or make liable the executors or administrators of, or the estate of, any subscriber, unless it expressly appears from the instrument subscribed by him that he intended that his estate should be liable by binding his executors or administrators. R.S., c. 257, s. 2.

Application of moneys recovered

4 All moneys or other aid so subscribed and recovered shall be applied and expended for the purpose for which the same have been so subscribed, and for no other purpose whatever. R.S., c. 257, s. 3.

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