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for all Municipal and other Civil Purposes whatsoever, which such tract shall accordingly be, and shall not thereafter be included or remain, for Municipal or other Civil Purposes, in any Parish erected under the above mentioned Ordinance, or any other Law; and such Order in Council shall be published in the Canada Gazette: Provided always, that nothing herein contained shall make any such tract a Parish for Ecclesiastical Purposes, or confer any Ecclesiastical Right, Power, or Jurisdiction; nor shall this Act prevent any such tract from being thereafter included or from remaining for Ecclesiastical Purposes in any Parish erected under the said Ordinance, or any other Ordinance or Law.

CAP. CXXXVII.

An Act to remedy, as far as possible, the inconvenience which might otherwise arise
from the destruction of the Registers of the Parish of St. Louis de Lotbinière.
[ 30th August, 1851. ]

WHE

HEREAS it appears that on the fifteenth day of December last, the Sacristy of Preamble: the Parish of St. Louis de Lotbinière, in the County of Lotbinière, was destroyed by fire, and the Registers of Baptisms, Marriages and Burials performed in the said Parish were totally destroyed, with the exception of those for the period. between the year one thousand eight hundred and forty-six and the date of the said fire, which, though saved, were nevertheless greatly damaged, and it is expedient to remedy, in so far as may be possible, the great inconvenience which might otherwise arise from the destruction or partial destruction of the said Registers; And whereas the Reverend E. Faucher, who is now and hath been, from a period prior to the first day of January, one thousand eight hundred and fifty, Rector (Curé) of the said Parish, and by whom almost the whole of the entries in the said Register for the year one thousand eight hundred and fifty were made, hath, from the portions thereof which have escaped destruction, and other information, and from his own personal knowledge of the facts, made up a Register, extending from the first day of January, one thousand eight hundred and fifty, to the date of the said fire, which he believes to be in all material points correct: 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 Reverend E. Faucher shall, as far as it may be possible for him so to do, complete the Register so by him made as last aforesaid, and shall authenticate the same by his signature as having been made under the authority of this Act, and as being, to the best of his knowledge and belief, a true copy, in every material point, of the Register of the Baptisms, Marriages and Burials performed in the said Parish, from the first day of January, one thousand eight hundred and fifty, to the end of the said year; and having so completed and authenticated the said Register, shall make a Duplicate thereof aud authenticate the same in like manner, and shall cause both Duplicates to be numbered and authenticated by one of the Judges of the Superior Court in the manner by law required, and shall then deposit one Duplicate thereof in the Prothonotary's Office of the Superior Court at Quebec, and the other shall be kept in the Archives of the Fabrique of the said Parish, and either of the said Duplicates, or Extracts therefrom, made and certified by the Rector (Curé) of the said Parish for the time being, or other person having the legal custody of such Duplicate, or by the said Prothonotary, shall be prima facie evidence of the facts therein stated.

262

CAP.

Rev. E. Faucher to make up a Register best information he can procure, and the therefrom, to be prima facie evidence.

for 1850, from the

same, or extracts

Preamble.

Municipal Council of Wentworth and Haldispose of the said lot

ton empowered to

or of part thereof.

Proviso: they must first offer it to the City of Hamilton.

Proviso as to the total price.

Account of expense

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An Act to authorize the Municipal Council of the United Counties of Wentworth and
Halton to dispose of a part of the present Court House Square.

W1

[ 30th August, 1851. ]

HEREAS the late George Hamilton, Esquire, did on or about the thirtieth day of December, in the year of our Lord one thousand eight hundred and sixteen, duly execute a Deed of Surrender unto His Majesty George the Third, His Heirs and Successors, of a certain piece of land then in the Township of Barton, in the District of Gore, in order that the said District of Gore might be accommodated with a convenient site or piece of land whereon to erect a Gaol, Court House and other Public Buildings for the uses of the said District of Gore: And whereas the situation of the said piece of land, being in the centre of the City of Hamilton, renders it unsuitable for the site of a Gaol: And whereas the Municipal Council of the United Counties of Wentworth and Halton have, by their Petition, prayed that authority may be given them to dispose of the said premises, or a portion thereof, the proceeds to be applied to the purchase of a site and erection of a new Gaol, in a situation where prisoners might be put to labour, and thereby contribute towards their maintenance, instead of being a burden on the public: And whereas it is expedient to grant the prayer of the said Council: 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 for and notwithstanding any thing in the said Deed of Surrender mentioned, or dedication therein made, or any law to the contrary, it shall and may be lawful for the Municipal Council of the United Counties of Wentworth and Halton, and their successors, and they are hereby empowered to lay out the said piece of land, or so much thereof as they may deem expedient, in lots, and to sell, dispose of and convey the same by an absolute title in fee simple at their pleasure, the proceeds of such sale to be applied solely to the purchase of a suitable site within one mile of the present Gaol and Court House, and to the erection of a new Gaol thereon, and other Public Buildings, for the uses of the said United Counties: Provided always, that before offering the said piece of land or portion thereof to Public Sale, it shall be the duty of the said Municipal Council to offer the same to the Corporation of the City of Hamilton, at and for the price or sum of Six Thousand Pounds, currency, and it shall be the duty of the Council of the City of Hamilton, within three months from the date of any such offer, to accept or reject the same; failing in which, the said Municipal Council of the said United Counties of Wentworth and Halton shall be at liberty to dispose of the said premises, or part thereof, to such person or persons, or Bodies Corporate, or Company, and in such mode as they may determine by By-law or otherwise Provided also, that nothing in this Act contained shall in any manner affect or prejudice any claim which Robert J. Hamilton, eldest son and heir of the before mentioned George Hamilton, shall or may have in law or equity to the piece or parcel of land surrendered by his late father for the purposes aforesaid; and the amount of compensation to be paid to the said Robert J. Hamilton shall be fixed and determined by Arbitrators, to be chosen, one by the said Council, another by the said Robert J. Hamilton, and a third to be named by them, the said Arbitrators, should they not agree; and their or his award shall be final.

II. And be it enacted, That the said Municipal Council shall, on the completion of of new Jail to be ren- the said new Gaol, render to the Provincial Parliament a detailed account of the moneys received and expended on account thereof; and if any surplus shall remain after the purchase

dered to Parliament,

&c.

purchase of a suitable site and the erection of a new Gaol, and payment of incidental expenses incurred in regard to the same, such surplus shall be invested in such manner as the Governor and Council for the time being may direct; the interest on such investment to be applied by the said Municipal Council in the maintenance of the said Gaol, or repair or extension of the same, rendering to the Provincial Parliament an annual account thereof.

CAP. CXXXIX.

An Act to authorize the County of Welland Municipal Council to purchase certain lands in the said County, known as the Great Cranberry Marsh, and for other

purposes.

[ 30th August, 1851. ]

WHEREAS the Municipal Councils of several Municipalities in the County of Preamble. Welland have prayed, by their petitions to the Legislature in that behalf, that the Provisional or other Municipal Council of the County of Welland may be authorized to purchase a certain tract of land, known as the Great Cranberry Marsh, lying principally in the Townships of Wainfleet and Humberstone, for the purpose of draining and improving the same, and disposing thereof for the benefit of the said County, and it is expedient to authorize the said County Council to purchase the said Marsh, and to grant them such further powers as may be most conducive to the advantage of the said County: 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 Commissioners or Building Committee, now appointed by the Provisional Municipal Council of the said County of Welland, that is to say: Jolin Fraser, Robert Hobson, John Radcliffe, David P. Brown and John Graybiel, Esquires, shall have full power and authority for and in the name of the said it. County, and for the benefit thereof, to purchase or otherwise acquire from the Government of this Province, all or any part of the said tract of land, lying principally within the Townships of Wainfleet and Humberstone, and known as the Great Cranberry Marsh; and that on such purchase being completed, the said land shall become vested in the said County Council of Welland, to be improved and disposed of by them by sale of the fee or by lease, and for such purpose as the said Council shall by By-law or By-laws determine.

II. And be it enacted, That so soon as may be after the passing of this Act, a Survey shall be made at the expense of the Provisional Municipality of the County of Welland, of the River Chippewa, by any Officer or Engineer to be appointed by the Commissioners of Public Works for that purpose, with a view to ascertain whether the navigation thereof will not be affected by lowering the water of the said River for the purpose of draining the lands bordering on the said River, and in the event of his making a Report in favor of the said improvement, the said Provisional Municipal Council of the said County of Welland shall also have power to make By-laws for the purpose of lowering, by not more than three feet, the quantity of water in the said River, and to levy, by assessment, upon the owners of lands benefitted thereby, the sums necessary to cover the expense of the said undertaking.

thorized to buy the County, and to drain

marsh for the

A Survey to be made

of the River Chippewa, with a view to draining the lands bordering thereon.

III. And be it enacted, That the said Commissioners or Building Committee, or the Time of purchase lisaid County Council of Welland, shall make the purchase or other acquisition of the mited. said land at or before the end of the next Session of the Provincial Parliament.

262*

CAP.

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CAP. CXL.

An Act to allow a Grant of the Hospital Reserve, Belleville, to the Town Council. [ 30th August, 1851. ]

WH

HEREAS in the Original Survey of the Town of Belleville, Lots numbers thirty-two and thirty-three on the east side of Church Street, and thirty-two and thirty-three on the west side of Rear Street, in the said Town, were set apart and reserved for the purpose of a Public Hospital; And whereas it appears from the representation of the Town Council of the said Town that the said land is not suited for the purpose for which it was so designed: 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 so soon as the said Town Council shall have made other suitable provision for a Public Hospital in the said Town, to the satisfaction of the Governor General of this Province, or the person administering the Government thereof, it shall and may be lawful for Her Majesty, Her Heirs or Successors to grant to the Town Council of the Town of Belleville, all and singular, the said land and premises with the appurtenances, to hold to the said Town Council in fee simple for the uses of the said Town of Belleville.

WH

CAP. CXLI.

An Act to amend the Act incorporating the Trustees of the Toronto Hospital. [30th August, 1851. ] HEREAS in and by an Act passed by the Parliament of this Province, in the Session thereof held in the tenth and eleventh years of Her Majesty's Reign, intituled, An Act to incorporate the Trustees of the Toronto Hospital, it is amongst other things in effect enacted, That the two Senior Professors of any School of Medicine, to be thereafter established in the City of Toronto, and in default of or until the establishment of such School, any such medical men resident in the said City as should be nominated and appointed as vacancies should occur, by the Common Council of the said City, in Common Council assembled, at any meeting of such Common Council, should be Members of the Corporation created by the said Act; And whereas it is desirable to repeal the aforesaid provision of the said Act: 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 from and after the passing of this Act, no Professor of any School of Medicine, established or to be established in the said City of Toronto, shall be ex officio a Member of the said Corporation of the Trustees of the Toronto Hospital; but the said Common Council shall have power from time to time to nominate and appoint any two persons resident in the said City of Toronto to be Trustees of the said Toronto Hospital; and such two Trustees, and the Trustees to be appointed by the Government, as well as the Trustees at present constituting the said Corporation, shall be removable at pleasure by the power appointing them; and any Trustees from time to time appointed under the said recited Act and this Act, shall hereafter compose the said Corporation: Provided always, that subject to such removal as aforesaid, the Trustees at present lawfully composing the said Corporation shall continue to compose the same.

CAP.

CAP. CXLII.

An Act to incorporate the Benevolent Societies of the Wesleyan Methodist Church in
Canada.

W

[ 30th August, 1851. ] THEREAS it has been represented to the Legislature of this Province, that Preamble. certain Ministers and Members of the Wesleyan Methodist Church in Canada, in connexion with the British Wesleyan Conference, have established themselves together under a constitution, intituled, "The Doctrines and Discipline of the Wesleyan Methodist Church in Canada," and certain other Rules and Regulations, creating and establishing "The Book and Printing Establishments," and "The Annuitant Fund Society," and "The Superannuated or worn-out Preachers' Fund," and have contributed, or engaged to contribute, considerable sums of money, and have given or granted, or promised to give or grant, lands or real estate for the following objects, that is to say:

Firstly. For the publication and circulation of periodicals and books for the diffusion of useful knowledge;

Secondly. For the support of aged and infirm Ministers, and the widows and children of Ministers;

And whereas it would tend to promote the purposes of the said Association that it should be incorporated, and empowered to hold property in mortmain without letters of license, and to manage, administer, alienate or dispose of the same for the uses and purposes aforesaid, and to make and enforce Rules and Regulations for the government of the said Association, and for better attaining the purposes aforesaid: 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 Conference Certain persons incorporated, of the Ministers of the said Church, as described in a certain Act, passed in the fourth and fifth years of Her Majesty's Reign, chapter thirty-seven, and intituled, An Act to incorporate the Upper Canada Academy under the name and style of Victoria College, namely the Reverend Enoch Wood, President of the Conference, the Reverend John Ryerson, Co-Delegate, the Reverend James Musgrove, Secretary of the Conference, the Reverend Anson Green, Book Steward, the Reverend James Spencer, Editor, the Reverend Egerton Ryerson, D. D., President of Victoria College, the Reverend Henry Wilkinson, and such other persons as are now Members of the said Association, according to the existing Constitution, Rules and Regulations thereof, and their successors to be elected in the manner hereinafter provided, and such other persons as shall from time to time hereafter be elected to be Members of the said Association, to be also elected in the manner hereinafter provided, shall be and are hereby declared to be a Body Corporate and Politic in name and in deed, by the name of "The Connexional Corporate name. Society of the Wesleyan Methodist Church in Canada ;" and by such name they and their successors shall have perpetual succession and a Common Seal, and have and hold all such land as is now attached to or appropriated for the purposes of the said Act, 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 Association; and shall be capable of suing and being sued, impleading and being impleaded, for the purposes of the said Association.

II. And be it enacted, That all lands, messuages, tenements, hereditaments or Property vested in the immoveable property as aforesaid, and all sums of money, debts, goods, chattels, effects Corporation.

or

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