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account in writing of their property and affairs, in which shall be set forth in particular the income by them derived from property held under this Act, and the means by which the same has been acquired, 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,
CAP. CLXVII. An Act to authorize the Trustees of the Toronto General Burying Ground, to acquire an additional lot of land.
[30th August, 1851.] Preamble.
TTTHEREAS the Trustees of The Toronto General Burrying Ground, have by their
V petition prayed that the powers hereinafter mentioned may be granted to them, and it is expedient to grant their prayer: 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 Notwithstanding any enacted by the autu
enacted by the authority of the same, That for and notwithstanding any thing in the thing in 12 Vict., czy Act passed in the twelfth year of Her Majesty's Reign, and intituled, An Act to amend 104, the Trustees may purchase an additio an Act therein mentioned, and to vest the Toronto General Burying Ground in certain nal piece of ground.
Trustees, and their successors, or in the Act of the Parliament of Upper Canada thereby amended, or in any other Actor Law, it shall be lawful for the Trustees of the Toronto General Burying Ground, and their Successors in Office, to purchase and hold an additional piece or pieces of ground in the Township of York, not exceeding in the whole Twenty-five Acres in extent, and to pay for the same out of any Funds at their disposal as such Trustees, and also if they shall deem it advisable for the purpose of aiding the said Funds in defraying the expenses aforesaid, to lease out in lots, for such term or terms not exceeding ninety-nine years from the passing hereof in any case, the whole or any portion of the front of the land forming the said Toronto General Burying Ground ; and any land purchased by the said Trustees under the authority of this Act shall form part of the said Toronto General Burying Ground ; and when the said Trustees shall have acquired an indefeasible Title in Fee to the Premises free and clear of all Incumbrances, and shall have filed a Map in the Office of the Register of the County shewing the Survey and Division thereof, the said Trustees may sell, convey or otherwise dispose of the said lots to any person or persons on such terms and conditions, and at such prices as shall be agreed on, to be used and appropriated
exclusively to the burial of the dead. Certain Regulations
II. And be it enacted, That the said Trustees shall make Regulations for ensuring to be made by the Trustees.
that all Burials within the said Burying-Ground are conducted in a decent and solemn
manner. Certain interments III. And be it enacted, That no body shall be buried in any Vault under any Chapel prohibited.
or other Buildings in the said Burying Ground, or within fifteen feet of the outer wall of
any such Chapel or Building. The Burying, ground IV. And be it enacted, That every part of the said Burying Ground shall be to be enclosed.
enclosed by Walls or other sufficient Fences or Railings, of the height of eight feet at
least. The Burying ground V. And be it enacted, That the said Trustees shall keep the said Burying Ground and buildings, &c., to be kept in repair,
and the Buildings and Fences thereof in complete repair and in good order and condition, &c.
out of the moneys to be received by them in virtue of the said Acts and of this Act. Sewers and drains to VI. And be it enacted, That the said Trustees shall make all proper and necessary be made in and about the Burying ground,
Sewers and Drains in and about the said Burying Ground for draining it and keping it dry, and they may, from time to time, as occasion requires, cause any such Sewer or Drain to open into any existing Sewer, with the consent, in writing, of the persons
having the management of the Street or Road, and of the Owners and Occupiers of the Lands through which such opening is made, doing as little damage as possible to the Road or Ground wherein such Sewer or Drain may be made, and restoring it to the same or as good condition as it was in before being disturbed.
VII. And be it enacted, That if the said Trustees at any time cause or suffer to be Penalty on Trustees brought or to flow into any River, Spring, Well, Stream, Canal, Reservoir, Acqueduct, for suffering water
Lg in Rivers, &c., to be Pond or Watering Place, any offensive matter from the said Burying Ground whereby fouled. the water therein shall be fouled, they shall forfeit, for every such offence, the sum of Twelve Pounds Ten Shillings currency.
VIII. And be it enacted, That the said penalty, with full costs of suit, may be the said penalto how recovered by any person having a right to use the water fouled by such offensive matter, and by whom to be
recovered. by a Civil Action against the said Trustees for the time being, or any one or more of teco them, in any Court of Competent Jurisdiction; Provided always, that the said penalty Proviso. shall not be recoverable unless the same be sued for during the continuance of the offence, or within six months after it has ceased.
IX. And be it enacted, That in addition to the said penalty of Twelve Pounds Ten The party Shillings, (and whether the same be recovered or not,) any person having the right to may sue for damages
(in addition to the use the water fouled by such offensive matter, may sue the said Trustees for the time
penalty above monbeing, or any one or more of them, in a Civil Action in any Court of Competent tioned); Jurisdiction, for any damage specially sustained by him by reason of the water being so fouled; or, if no special damages be alleged, for the sum of Two Pounds Ten
And claim a certain Shillings, for each day during which such offensive matter is brought or flows as sum per day, if no aforesaid, after the expiration of twenty-four hours from the time when notice of the sp
C alleged offence is served on the said Trustees, or any one or more of them, by such person.
[ 30th August, 1851. ]
Preamble. of Woodburnden, in the County of Kincardine, in that part of the United Kingdom of Great Britain and Ireland called Scotland, Widow, has, by petition, set forth, that Alexander Wood, formerly of Woodburnden aforesaid, Esquire, and who resided in the City of Toronto, Upper Canada, for many years previous to the year of Our Lord one thousand eight hundred and forty-two, died at Woodcot, near Stonehaven, in Scotland aforesaid, on or about the Eleventh day of September, in the Year of Our Lord one thousand eight hundred and forty-four, intestate, and that the said Isabella Farrell claims to be the Heir-at-Law of the said Alexander Wood, and as such entitled to the Real Estate left by the said Alexander Wood in Scotland and in Upper Canada, and that all the witnesses to prove such Heirship reside in Scotland aforesaid, and that for realizing said Estate in Upper Canada, it is necessary that a number of Suits at Law and in Equity shall be brought, in which proof of the Heirship of the said Isabella Farrell to the said Alexander Wood will be required ; And whereas by Law it is necessary that a Commission for the proof of such Heirship shall be issued in every such Action or Suit, which will occasion serious expense and delay which it is desirable to prevent: 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
Commissions issued any Commission or Commissions which may have issued, or may hereafter issue, in any by Courts of Q B. cause now depending or hereafter to be brought in Her Majesty's Court of Queen's or
Cutofoonis or C. P, or Court of
Chancery for proof Bench or Common Pleas, or Her Majesty's High Court of Chancery in and for that part of heirship to be
valid in other Suits in of Canada heretofore Upper Canada, for the examination of Witnesses for the proof all Courts of Law or Equity in Upper Car of the Heirship of the said Isabella Farrell to the said Alexander Wood, deceased, and
her consequent right to inherit the Real Estate of which said Alexander Wood died possessed in Upper Canada, and which shall have been or shall be hereafter returned to the said Courts of Queen's Bench, or Common Pleas, or High Court of Chancery, in any such Cause in which it or they shall have been so issued, and shall have been considered by any of the said Courts to afford good, proper and sufficent evidence of the Heirship of said Isabella Farrell, and right and title to the said Real Estate in Upper Canada, which said Alexander Wood died possessed of, according to the Laws in that behalf, shall be deemed and taken to be, in any Court of Law or Equity or any Judicial Proceeding in Upper Canada a Commission or Commissions issued in and for any Cause, Suit or Proceeding whatever, which may be hereafter had or commenced in any such Court of Law or Equity, or in any Judicial Proceeding, and in which proof of the Heirship of said Isabella Farrell, or her right or title to inherit the Real Property of which said Alexander Wood died possessed in Upper Canada, shall be required in the same manner and with the same effect as if the same had been issued, returned and opened in the particular Cause, Suit or Proceeding in which it or they may be so
required or used as aforesaid. Defendant may II. And be it enacted, That it shall and may be lawful for any defendant or defendants obtain the issue of a new Commission, &c. in any Action or Actions in any Court of Law or Equity, or any Judicial Proceeding in
Upper Canada, in which it may be necessary to give evidence of the Heirship of the said Isabella Farrell to the said Alexander Wood, deceased, to apply to the said Court in which any such Action may be brought upon Affidavit shewing good cause for the same of any matter tending to invalidate the Claim of the said Isabella Farrell to inherit any of said Real Estate, for a Commission or Commissions to examine Witnesses in reference thereto; and upon şuch Commission or Commissions being granted to the said defendant or defendants, no proceedings shall be had under the first section of this Act
upon any Commission or Commissions taken and returned as therein mentioned, but Proviso.
such Action or Actions shall proceed as if this Act had never been in force: Provided always, that such defendant or defendants shall proceed upon the Order granting any such Commission or Commissions within one month after such Order shall be made.
Brantford, Esquire, to convey by herself certain Real Estate devised to her by her
[ 30th August, 1851. ] W HEREAS George Samuel Wilkes, of the Town of Brantford, in the County
of Wentworth, and Caira Robbins, his wife, have presented their Petition to the Legislature, setting forth that she, before her marriage, held an Undivided Estate in Fee, as tenant in common with her two sisters and one brother, in certain lands, and an Undivided Interest in Moneys secured upon Real Estate, and of certain Personal Property in the Province of Canada, as Devisee of her father Richard Wilkins, and that before their marriage, which took place in the year one thousand eight hundred and fortythree, she, by way of Marriage Settlement, conveyed her Estate and Interest in the said property, both real and personal, to Maria Wilkins and John Mittleberger as Trustees, to the use of herself for life, and afterwards, to the use of the issue of their marriage, and in the event of their being no such issue, then to herself in Fee Simple; and that partition of the said property has recently been made between the tenants in common thereof, whereby a number of Town Lots, and about Eighty-eight Acres of other Land, in the Town of Brantford, besides some other Real Estate and Personal Property of comparatively small value, fell to her; that the Petitioners have not had any issue, but that the property would be of comparatively little value to them, without power to such Trustees of disposing of the same, and praying that an Act might be passed for such purpose :
where of Brantforell to her ; halo
the salla Settlern
. --- purchase money or consideration of sneh mla
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 it Caira R. Wilkes emshall and may be lawful for the Judge of the County Court for the United Counties of powered
of the said estate, &c. Wentworth and Halton, and he is hereby required, upon the Petition of the said Caira Robbins Wilkes, to appoint a Trustee in addition to the number provided by the said Marriage Settlement, in whom and the said other Trustees and their Successors, to be appointed as provided by the said Settlement, the said property, both real and personal, shall be vested upon the trusts mentioned in the said Settlement and those hereinafter mentioned ; and as often as any Trustee, so to be appointed by the said Judge, may die, refuse to act, or become incapable of acting, such vacancy shall be supplied by the said Judge in the manner aforesaid.. II. And be it further enacted, That it shall and may be lawful for the said Trustees, Trustees may sell,
&c., property, in a or any two of them, during the life of the said Caira Robbins Wilkes, and they are cer hereby required at her request in writing, to exchange or sell and convey any part of the said Real Property: Provided that the property taken in exchange shall be held by Proviso. them upon the said trusts, and the purchase money or consideration of such sales, as well as the said other personal property or the principal moneys to be obtained therefrom, shall be invested by the said Trustees, or any two of them, in buildings or improvements on some of the remainder of the said Real Estate, or upon the Land so taken in exchange, or in Government or Municipal Debentures, or Stocks of Incorporated Companies, or in Securities upon Real Estate as required by the said Caira Robbins Wilkes, the rents and use of the said buildings and improvements to belong, and the interest upon such investments to be held, by the said Trustees upon the trusts mentioned in the said Settlement. III. Provided further, and be it enacted, That all actions to be brought upon any Certain actions how
brought. Security for Money so set apart as aforesaid, not in their nature negotiable, shall be brought in the name of the legal personal representatives of the said Richard Wilkins, but that the receipts and acquittances for the said moneys, by the said Trustees or any Receipts. two of them, shall be legal discharges to the debtor : And Provided also, that the Proviso. liabilities of the said Trustees shall not be greater than that mentioned in the said Settlement.
CAP. CLXX. An Act to reverse the Attainder of Aaron Stevens, and avoid the Forfeiture of certain of his Estates, and for other purposes therein mentioned.
[ 30th August, 1851. ] (Signed,)
ELGIN AND KINCARDINE. W H EREAS Aaron Stevens, in his lifetime of the Township of Niagara, in the y County of Lincoln, in Upper Canada, yeoman, having been lawfully convicted
Preamble. and attainted of High Treason by him committed, did, in the year of Our Lord, one thousand eight hundred and fourteen, suffer capital punishment for his said crime; And whereas by the said Attainder, and the corruption of blood wrought thereby, the Estates and Property, real and personal, of the said Aaron Stevens, became forfeited, and were in part taken upon inquisition found in that behalf, and seized into the Hands of the Crown accordingly; And whereas a portion of the Estates of the said Aaron Stevens was not found, upon such inquisition, or declared forfeited by reason of his said Attainder and conviction as aforesaid, or seized into the Hands of the Crown as aforesaid; and the Queen's Most Excellent Majesty having been graciously pleased, through His
Excellency the Right Honorable James, Earl of Elgin and Kincardine, Her Majesty's
enforced against such of his Estates as have not already been forfeited and disposed of Act of U. C. 59 Geo. under the authority of a certain Act of the Parliament of Upper Canada, passed in the IN. C. 12, cited.
fifty-ninth year of the Reign of Her Majesty's Royal Grandfather, King George the Third, intituled, An Act for vesting in Commissioners the Estates of certain Traitors, and also the Estates of persons declared Aliens by an Act passed in the fifty-fourth year of His Majesty's Reign, intituled, · An Act to declare certain persons therein described Aliens, and to vest their Estates in His Majesty, and for applying the proceeds thereof towards compensating the losses which His Majesty's subjects have sustained in consequence of the late war, and for ascertaining and satisfying the lawful debts and claims thereupon ;' To the end therefore that such Her Majesty's benevolent intentions towards the family of the said Aaron Stevens, may be carried into effect in the most ample and beneficial manner for the behoof of such family : 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 Attainder reversed enacted by the authority of the same, That the said Attainder of the said Aaron and consequent for
Stevens shall be and the same is hereby reversed, and the corruption of blood and feiture avoided.
forfeiture wrought by the said Attainder shall be and are hereby avoided and taken away, so far as the same shall or may in any wise affect such portions of the Estate of him the said Aaron Stevens, as have not already been declared forfeited, and been sold under authority of law; And such portions of the Estate of the said Aaron Stevens not already forfeited and sold as aforesaid, are hereby vested in the same person, persons or parties, whether claiming by will or otherwise, in the same manner and with the same and no other effect or consequence as to the rights of third parties, in, upon or with
regard to such Estates, as if the said Aaron Stevens had died without being so attainted Proviso:
as aforesaid : Provided always, nevertheless, that nothing herein contained shall extend Except as to property or be construed to extend to or affect any goods or chattels, lands or tenements actually sold under 59 Geo. Ill. c. 12, &c.
sold or conveyed by the said Commissioners of Forfeited Estates, under the said Act or otherwise, or by any Public Officer or Minister of Justice acting on behalf of the Crown in that behalf, but all such goods and chattels, lands and tenements shall belong
to the same parties, and be dealt with in all respects as if this Act had not been passed. Recital.
II. And whereas it may be that certain parties have entered, either wrongfully or otherwise, into the possession of certain of the Estates of the said Aaron Stevens not so forfeited and disposed of, but whose cases as between the Crown and such parties could not be dealt with on strict legal or equitable grounds alone, and it is therefore Her Majesty's Royal pleasure that power be reserved to Her Majesty's Governor General of
this Province, for the time being, to deal with such cases in such manner as may appear Heirs &c. of Aaron reasonable and just in the exercise of a sound and liberal discretion : Be it therefore Stevens may be com enacted, That in the event of the Heirs, Devisees or Assigns of the said Aaron Stevens pelled to obtain per mission of the Crown being compelled to seek the recovery of any such last mentioned lands or tenements to proceed for the
by proceedings in any Court of Law or Equity, it shall and may be lawful for the party recovery of his real estate.
against whom he, she or they shall be so proceeding, to apply to the Court in which such proceedings shall be pending, to stay all such proceedings till Her Majesty's pleasure shall be taken, whether the Heirs, Devisees or Assigns of the said Aaron Stevens, shall be at liberty to proceed for the recovery of such lands or tenements, or any part hereof; and such Court, upon such party establishing by affidavit or otherwise, to their satisfaction, that he is entitled to the benefit of this provision, shall order such proceedings to be staid, till by an Order of the Governor General of this Province for the time being, it shall be declared that the said Heirs, Devisees or Assigns of the said Aaron Stevens