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Preamble,

Certain rates of

CAP. XXVII.

An Act to alter the Rates of Wharfage payable in certain cases in the Harbour of
Montreal.

W

[ 2d August, 1851.]

HEREAS the amount of dues received under the present tariff, for the wharfage of firewood and wood boats in the Harbour of Montreal is wholly inadequate to the payment of the interest on the cost of the wharves exclusively occupied for the discharge of wood boats: 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 such part of the tariff B, annexed to the Act passed in the 14 Vict. c. 97 altered, thirteenth and fourteenth years of Her Majesty's Reign, and intituled, An Act to amend the Acts for the improvement of the_Harbour of Montreal, and provide for the improvement of the Navigation of the River St. Lawrence, within the Port of Montreal, as relates in any manner to the rates of wharfage on Firewood, Schooners and River Craft with Firewood, is hereby repealed; and that from and after the first day of April, one thousand eight hundred and fifty-two, in lieu of the present rate of wharfage upon firewood, the rate of Three Pence Currency per Cord be substituted; and that Schooners and River Craft, with Firewood, shall be liable to the same wharfage as if otherwise laden.

wharfage under 13 &

Preamble

12 Vict. c. 22 cited,

CAP. XXVIII.

An Act to transfer the place of holding the meetings of the Municipal Council of the Municipality of Drummond, Number Two, from "French Village" in the Township of Kingsey, to the Village of Stanfold in the said Municipality.

W

[2d August, 1851.]

HEREAS it is expedient to alter the place of holding the meetings of the Municipal Council of the Municipality of Drummond, Number Two, established under and by virtue of the Act passed in the twelfth year of Her Majesty's Reign, and intituled, An Act to divide the Municipality of Drummond into two Municipalities, in the manner hereinafter provided: 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 Stanfold village to be enacted by the authority of the same, That from and after the first day of October next, the place of holding the meetings of the Municipal Council of the said Division shall be the Village of Stanfold, in the County of Drummond, instead of the place commonly called "French Village" in the Township of Kingsey, in the said County of Drummond; any thing in the above in part recited Act to the contrary notwithstanding.

place of holding meettings of Council,

Preamble.

CAP. XXIX.

An Act to explain and remove doubts under certain Acts passed for the Improvement of the River du Chêne.

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[2d August, 1851.]

HEREAS doubts have arisen as to the true intent and meaning of a certain provision of the Act passed in the last Session of the Parliament of this 13 & 14 Vict, c. 111. Province, intituled, An Act to extend the period for the Election of Commissioners

under

under the Act for the Improvement of the River du Chêne, and it is expedient to remove the same: Be it therefore declared and 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 declared and enacted by the authority of the same, That the true intent and meaning of the said Act True intent of the said is, and shall be held to be, that the period of eighteen months limited by the said Act, Act declared. for the election of Commissioners for the purposes of the Act passed in the twelfth

year of Her Majesty's Reign, and intituled, An Act to provide for the Improvement of 12 Vict, c. 155. the River du Chêne in the County of the Two Mountains, shall be computed from the date of the passing of the Act cited in the Preamble to this Act; and any election of the said Commissioners held previously to the passing of this Act, and any thing done them in their said capacity in conformity with the provisions of the secondly above recited Act as hereby interpreted, are accordingly declared to be and to have been good, valid and effectual, to all intents and purposes.

WH

CAP. XXX.

An Act to close up part of Ottawa Street in the Village of Cayuga.

[ 2d August, 1851. ]

HEREAS the Municipal Council of the County of Haldimand have applied Preamble. to the Legislature for authority to close that part of Ottawa Street, in the Town of Cayuga, which passes through the grounds purchased by the said County from the Indian Department, and on which the Court House is erected; And whereas the space occupied by that part of the said street is required for public uses: 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 that part of Ottawa Part of the said street Street which is situated between Echo and Victoria Streets, in the said Town of Cayuga, to be closed, shall be closed forthwith, and its description obliterated from the Map or Plan of the said Town; and that the space or ground thus declared to be no longer a part of the said street, shall henceforth belong to the County of Haldimand, for the public uses thereof.

CAP. XXXI.

An Act to indemnify the Municipal Councillors of the County of Peterborough and others, for passing a certain By-law of the Municipal Council of the said County, which was afterwards quashed.

W

[2d August, 1851. ]

HEREAS the Municipal Council of the County of Peterborough did on the Preamble. twenty-second day of June, one thousand eight hundred and fifty, pass a Bylaw numbered thirteen, appropriating the sum of Six Hundred Pounds out of the County Funds to be expended on certain Roads within the said County, by the Municipal Councillors of the several Townships therein, and of the Town of Peterborough, the said sum being directed to be distributed among the several Municipalities in proportion to the amount they might have respectively contributed to the County Funds, during the then last year; And whereas doubts having arisen as to the strict legality of the said By-law, the question was brought before the Court of Queen's Bench for Upper Canada, and by a Judgment of that Court, given on the thirteenth day of February, 236 *

one

one thousand eight hundred and fifty-one, the said By-law was quashed; And whereas the said Municipal Council of the County of Peterborough have by their Petition represented to the Legislature the facts aforesaid, and have prayed that the Councillors and parties concerned in passing the said By-law, may be indemnified and saved harmless for so doing, and inasmuch as the said By-law, though not strictly conformable to the letter of the law, was passed in perfectly good faith, and with an honest desire to advance the public good, it is right to grant the prayer of their petition: 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 the said Municipal Council of the County of Peterborough, and all and every the Municipal Councillors sing the said By-law, of the said County of Peterborough, or of the several Townships therein, or of the Town of Peterborough, and all other officers and persons who concurred or were concerned in passing the By-law mentioned in the Preamble to this Act, shall be and are hereby indemnified and saved harmless, and shall be liable and responsible for their doings with regard to the same, so far only as they would have been if the said By-law had by the said Judgment of the Court of Queen's Bench been declared legal and valid; excepting always the liability of them, or any of them, for the costs incurred in the proceedings in which the said Judgment was given, which liability shall remain the same as if this Act had not been passed: Provided always, That nothing herein contained shall be construed to legalize or render valid the said By-law or any other By-law of the said Municipal Council, which would not be legal or valid without this Act.

The said Municipal Council and others indemnified for pas

and for their doings under the same.

Exception.

Preamble.

WH

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HEREAS it has been represented to the Legislature of this Province, that divers inhabitants of the said Province have used their efforts to establish a College in connexion with the United Church of England and Ireland, in the City of Toronto, under the style and title of Trinity College, and are engaged in erecting and establishing the same; And whereas it would tend greatly to advance and extend the usefulness of the said College, and to promote the purpose for which it was established, that it should be incorporated: 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 Corporation of Trini- the authority of the same, That there shall be, and there is hereby constituted and ty College established: established at the City of Toronto, a body politic and corporate, under the name of Trinity College, which corporation shall consist of Firstly: The Lord Bishop of Toronto, or in case of the division of the said Diocese, then the Bishops of any Dioceses into which the Diocese of Toronto may hereafter be divided. Secondly, the Trustees of the said Trinity College; and, Thirdly, the College Council of the said Trinity College, not less than three in number; which said Trustees and the Members of the said College Council shall be named in the first instance by the Lord Bishop of Toronto, and shall, in the event of their death, removal from the Province, dismissal from office, or resignation, be replaced by other persons, to be named in like manner, or in such other manner as may from time to time be directed by any statute of the said College to be passed for that purpose, and so on continually for ever.

of whom to consist.

II. And be it enacted, That such Corporation shall have perpetual succession, and Corporate powers. may have a Common Seal, with power to change, alter, break, and renew the same, when and as often as they shall think proper; and the said Corporation may, under the same name, contract and be contracted with, sue and be sued, implead and be impleaded, prosecute and be prosecuted, in all Courts and places whatsoever in this Province, and shall have full power to make and establish such and so many rules, Statutes, orders and regulations (not being contrary to the laws of the Country or this Act) as they shall deem useful or necessary, as well concerning the system of education in as for the conduct and government of the said College, and of a preparatory School connected with or dependent on the same, and of the Corporation thereof, and for the superintendence, advantage and improvement of all the property moveable or immoveable, belonging to, or which shall hereafter belong to the said Corporation; and Property. shall have power to take, under any legal title whatsoever, and to hold for the said College, without any further authority, license, or letters of mortmain, all land and property moveable and immoveable, which may hereafter be sold, ceded, exchanged, given, bequeathed, or granted to the said Corporation, or to sell, alienate, convey, let or lease the same if need be: Provided that the total yearly revenue from the property so acquired, shall not at any time exceed the sum of Five Thousand Pounds currency; and the said Corporation shall further have the right of appointing an Attorney or Attorneys for the management of its affairs and all other rights necessarily incident to a body corporate: Provided always, that no rule, order or regulation which shall be made and established by the said Corporation in manner aforesaid, shall be of any force or effect, until the same shall have been sanctioned and confirmed by the said Lord Bishop or Bishops as aforesaid.

Appointing attorneys,
General powers.
Proviso: statutes to be
subject to approval of

Bishop.

To what puposes pro

III. And be it enacted, That all the property which shall at any time belong to the said Corporation, as well as the revenues thereof, shall at all times be exclusively perty shall be applied. applied and appropriated to the advancement of education in the said College, or a preparatory School connected with or dependent on the same, and to no other object, institution or establishment whatever.

IV. And be it enacted, That it shall be the duty of the said Corporation at all times, Corporation to render when they may be called upon so to do by the Governor of this Province, to render Accounts, &c. an account in writing of their property, in which shall be set forth in particular the income by them derived from property held under this Act, and the source from which the same has been derived, also the number of Members of the said Corporation, the number of Teachers employed in the various branches of instruction, the number of Scholars under instruction, and the course of instruction pursued.

V. And be it enacted, That this Act shall be considered a Public Act, by all Judges, Public Act, Justices of the Peace, and Officers of Justice, and by all other persons whomsoever,

and shall be judicially taken notice of without being specially pleaded.

VI. And be it enacted, That this Act shall not extend to weaken, diminish or Rights of the Crown, extinguish the rights and privileges of Her Majesty, Her Heirs and Successors, nor of &c. saved. any other person or persons, body politic or corporate, excepting only such rights as are

hereby expressly altered or extinguished.

CAP. XXXIII.

An Act to incorporate the County of Carleton General Protestant Hospital.

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[ 2d August, 1851. ]

HEREAS John McKinnon, George Patterson, William Stewart, Hamnett Hill, Preamble.
Archibald Foster, Roderick Ross, Robert Hervey the younger, James
McCracken senior, Francis Abbott, Thomas Langrel, Thomas Hunton, Richard
Stethem, George B. Lyon, William Harte Thompson, the Honorable Thomas McKay,
John Thomson, Edward Malloch, James Peacock, George Hay, Alexander Mc. P.
Grant, William Porter, Henry McCormack, John Forgie, Edward Armstrong, James
Rochester, Carter Burpee, Edward Sherwood, Dawson Kerr, Thomas G. Burns, and

others,

porated.

others, inhabitants of the County of Carleton, have by their Petition to the Legislature represented, that from their position they are constantly called upon to supply the necessities and relieve the condition of sick and destitute emigrants, and other transient persons; and that with the assistance of other charitably disposed Protestants in the said County, they have raised funds and erected an Hospital on land granted to them by the Principal Officers of Her Majesty's Ordnance, and made other provision for the support of the said Hospital, and have prayed that they and their successors in office, with the officers hereinafter mentioned, may be incorporated as the Trustees of the County of Carleton General Protestant Hospital; and whereas it is expedient that the prayer of the said Petitioners should be granted: 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 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 Certain persons incor- authority of the same, That the said John McKinnon, George Patterson, William Stewart, Hamnett Hill, Archibald Foster, Roderick Ross, Robert Hervey the younger, James McCracken senior, Francis Abbott, Thomas Langrel, Thomas Hunton, Richard Stethem, George B. Lyon, William Harte Thompson, the Honorable Thomas McKay, John Thomson, Edward Malloch, James Peacock, George Hay, Alexander Mc. P. Grant, William Porter, Henry McCormack, John Forgie, Edward Armstrong, James Rochester, Carter Burpee, Edward Sherwood, Dawson Kerr, and Thomas G. Burns, and their successors being Protestants, shall be a body corporate, by the name of the Trustees of the County of Carleton General Protestant Hospital; and as such shall have perpetual succession and a common seal, and have and hold all such land as is now attached to or appropriated to the purposes of the said Hospital, and shall and may be capable of receiving and taking from Her Majesty, or from any other person or persons, or any body corporate or politic, by grant, devise or otherwise, any lands or interest in lands, or any goods, chattels, moneys or effects, which Her Majesty, or any such person or persons, body corporate or politic, may be desirous of granting or conveying to them or their successors in office, for the use and support of the said Hospital or the endowment thereof: Provided always, that the annual revenue of the said Hospital shall not exceed the sum of Three Thousand Pounds in any one year. II. And be it enacted, That until the first meeting of the subscribers of the said Hospital, to be held in the manner hereinafter provided, for the election of Directors, the said Trustees shall be invested with the whole management and control of the said Hospital: Provided always, that after the election of the said Directors, the general management and control of the said Hospital shall cease to vest in the said Trustees, and shall be transferred to the said Directors, unless any Trustee shall be elected a Director, in which case he shall act in both capacities; and in the event of a vacancy occurring in the office of Trustee, by death, resignation or otherwise, the said vacancy shall be filled by any subscriber who shall be chosen to fill the vacancy by a majority of the Trustees present at a meeting to be held by them for that purpose, at which meeting, and at all other meetings of the said Trustees, nine shall form a quorum, and any person so appointed shall be a member of the Corporation to all intents and purposes, but no such vacancy shall affect the validity of the proceedings of the remaining Trustees; Provided also, that no subscriber other than a Protestant shall be elected a Trustee or a Director.

Corporate name and powers.

Property.

Present Trustees to act until Directors are elected.

Powers of Trustees

transferred to Direc. tors when elected, &c.

Proviso.

First meeting for elec

tors.

III. And be it enacted, That the first annual meeting for the election of Directors, tion of twelve Direc shall be held on the first Tuesday in February next, and on the same day in every year thereafter, notice to that effect having been previously given, by any five of the said Trustees, in a newspaper published in the County of Carleton, setting forth the day, hour and place, and the object of the said meeting; and the majority of subscribers present at the said meeting shall choose from among their number twelve persons to be Directors for the general management and control of the affairs of the said Hospital;

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