To whom such debentures IV. And be it enacted, that it shall and may be lawful for the Governor of this may be issued. Province in Council, to direct the issue of the said Debentures to the private A yearly charge made on the Revenue Fund when the Tolls on the Canal amount to £45,000 year ly. New deben issued. Stockholders according to their respective claims, and such Debentures shall bear the rates of interest above mentioned, and shall be payable either in London or in this Province, as such private Stockholders shall respectively desire, and at such place therein as the Governor in Council shall direct and appoint: Provided always, that nothing in this Act contained shall be held to invalidate or make void any Debentures heretofore issued under the said first in part recited Act. V. And be it enacted, that it shall and may be lawful for the Governor of this Province in Council to direct the substitution of the Debentures to be issued under this Act, in lieu of the said Debentures already issued, upon application of the party holding the same. VI. And be it enacted, that so soon after the completion of the said Canal as the tolls received thereon for any one year shall amount to the sum of forty-five thousand pounds, currency of this Province, there shall be charged upon the Consolidated Revenue Fund thereof an amount equal to six per centum per annum on the private stock subscribed from the time the same has been paid in, for the benefit of the private Stockholders aforesaid, or their legal representatives. VII. And be it enacted, that it shall be lawful for the Governor of this Province thes may be in Council, at any time after such receipt of tolls, to direct to be issued to such private Stockholders or their legal representatives, Debentures for the amount of their respective claims, bearing interest and payable in the same length of time after their issue, and at the same places, respectively, as if the same were issued under the foregoing provisions of this Act to the private Stockholders aforesaid for the principal sum invested by them. Certificates issued under for have a certain effect. VIII. And be it enacted, that in case any certificate or certificates, or other mer Acts to documents, have been issued to any of the said private Stockholders, or their legal representatives or assigns, signifying that they that they or any of them are or shall be entitled to receive the back interest mentioned in the said first in part recited Act, or Debentures therefor, those who shall lawfully hold such certificate or other document, shall be entitled to the same payments or Debentures, and to none other than they would be entitled to under this Act if such certificates or other documents had never issued. CAP. CAP. XXXV. An Act to afford to persons having been Boundary Line Commissioners a more easy and less expensive mode of recovering costs still due on Judgments rendered in that capacity. WHEREAS, [9th December, 1843.] Preamble. Act of U. C. 1 V. c. 19, HEREAS, by an Act of the Legislature of the late Province of Upper Canada, passed in the first year of Her Majesty's Reign, and intituled, An Act to authorize the Establishment of Boundary Line Commissioners within the several Districts of this Province, power was given to the Commissioners appointed cited. under the said Act in any District to issue their Warrant to levy by sale of goods and chattels the costs of any Judgment given by the Board: And whereas, the said Act has expired, and the persons who were Commissioners under the same are unable by any summary proceedings to recover the amount of costs incurred and due and payable on certain Judgments by them rendered, but which cannot, in consequence of the expiration of the Act aforesaid, be recovered, except by action at Law: And whereas it is expedient to afford to the said persons such remedy in the premises, as is just and reasonable; 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, intituled, An Act to re-unite the Provinces of Upper and Lower Canadu, and for the Government of Canada, and it is hereby enacted by the authority of the same, that the persons having been Members of the Board of Commissioners of any District under the aforesaid Act, or any of them, or the Executors or Administrators of any of them, may file their Petition in the District Court of the District of which they were Commissioners, which Petition shall set forth the amount and particulars of the costs, charges and expenses on all the proceedings in any matters in which judgments were actually rendered by them before the expiration of the Act aforesaid, the name of the party or parties liable to pay the same, and the amount payable by each of the said parties, respectively, with his or their respective places of residence, and the nature of the claim or difference with regard to which such costs, charges and expenses were incurred; and if on examination it shall appear just and reasonable, the Court in term time, or any Judge thereof in vacation, on the return of such petition, may order and direct a Writ of Execution to issue out of the said Court, commanding the Sheriff or other proper officer to levy of the goods and chattels of each party, respectively, the amount due by such party, together with such portion of the costs to be taxed in the manner hereinafter provided, How Boun rou Commissioncreate to pror their claims. ceed to recover Court or Judge may or der a writ of Execution to issue. Parties owing may plead, pro and other pro ceedings to be had thereon. Court tle costs. or provided, as may be payable by such party: Provided it shall appear that a copy of such petition has been served either in person or by leaving the same at the usual place of abode of the person or persons from whom such costs, charges and expenses are sought to be recovered, together with a written notice that on a day to be thereinafter mentioned, at least eight days after the service of such notice, the Court will be moved or the Judge will be applied to, to proceed on the petition in the manner provided by this Act. II. Provided always, and be it enacted, that when the facts alledged in any petition to be filed as aforesaid under the provisions of this Act shall be controverted by any of the parties against whom it shall have been preferred, the answer or objection to the petition shall be made in writing in the form of a plea, to which the petitioner or petitioners may reply or demur, to the end that the matter in dispute may be reduced to an issue in law or fact, and receive a determination by the Court or by a Jury in the manner other issues are determined, and such issue shall be so determined accordingly. III. And be it enacted, that the Court or Judge before whom any such petition Judge may set- shall be decided and adjudicated upon, may in his discretion grant or refuse the costs on the application, and if he shall grant the same he shall tax the costs and expenses on the proceedings consequent thereupon, and the portion thereof to be paid by each party, and if the same be not paid shall issue execution therefor against the goods and chattels of the party or parties against whom the decision or adjudication shall be given, and who shall not have paid such costs or the proportion thereof for which they shall be liable. Preamble. CAP. XXXVI. An Act to prevent obstructions in Rivers and Rivulets, in Upper W HEREAS great inconvenience is occasioned by persons throwing Slabs, Bark, Waste Stuff, and other refuse of Saw Mills, Stumps and Waste Timber or leached ashes into the Rivers and Rivulets in Upper Canada, and it is expedient to prevent the said practice; 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 ing lets. certain 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 any person Penalty on who shall throw into any River, Rivulet or Watercourse, or any owner or occupier persons throwof a Mill who shall suffer or permit to be thrown in that part of this Province things into Riheretofore known as Upper Canada, any Slabs, Bark, Waste Stuff, or other refuse vers and Rivuof any Saw Mill, (except Saw dust), or any Stumps, Roots or Waste Timber or leached ashes, and shall allow the same to remain in such River, Rivulet or Watercourse, shall thereby incur a penalty not exceeding five pounds, currency, and not less than one shilling, currency, for each day during which such obstruction shall remain therein, over and above all damages which may arise therefrom; damages how and that such penalty and damages shall and may be respectively recovered with costs, in a summary way, before any one or more Justices of the Peace, in the manner provided by an Act passed in the fourth and fifth years of Her Majesty's reign, chapter twenty six, intituled, An Act for consolidating and amending the laws in this Province relative to malicious injuries to property. Penalty and recovered. Penalty im ceed a certain sum. II. Provided always, and be it enacted, that in no such case shall the amount levied exceed five pounds, currency, and costs; and that any party who shall think posed not to exhimself aggrieved by any conviction or decision under this Act, may appeal to the Court of General Quarter Sessions of the District, in the manner and under the conditions and provisions of the Act last above cited, with regard to appeals from Appeal given. convictions and decisions under that Act. III. And be it enacted, that of all pecuniary penalties levied under this Act, one third shall go to the informer, and the other two thirds to the Township in which the offence shall have been committed, and shall be expended in improving the Public Highways therein, and in case of damages to private property arising out of a violation of this Act, the assessed damages shall be paid to the party aggrieved, except in cases where the party shall have been examined in proof of the offence in which case the same shall be applied to the improvement of the public highways in the Township as above provided, any law to the contrary notwithstanding. IV. And be it enacted, that in every case of conviction under this Act, when the sum which shall be forfeited for the amount of injury done, or which shall be imposed as a penalty, together with the costs, shall not be paid at the time stated in the conviction, or appealed from, it shall be lawful for the convicting Justice to issue his warrant of distress, and in case there shall not be sufficient goods and chattels found to satisfy the same, to commit the offender to the common gaol of the respective County or District, until the fine or damages (as the case may be) and costs, be paid, not however, exceeding thirty days. this Act. Duration of V. And be it enacted, that this Act shall be and remain in force for the full term of four years from the passing thereof, and from thence until the end of the then next Session of the Provincial Parliament, and no longer. Preamble CAP. XXXVII. An Act to explain an Act passed in that part of this Province called Upper Canada, in the third year of the Reign of Her Majesty, intituled, An Act to confirm and regulate certain sales of lands, for taxes, in the Ottawa District. WH [9th December, 1843.] THEREAS doubts have arisen as to the true construction and meaning of an Act passed in that part of this Province called Upper Canada, in the third year of the Reign of Her Majesty, intituled, An Act to confirm and regulate certain sales of land, for taxes, in the District of Ottawa; And whereas it is necessary that the meaning and intent of the said recited Act should be declared; 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, 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 estate and title to all the lands sold by the which the tax- Sheriff of the Ottawa District, on which the taxes due thereon previous to the sale thereof, with twenty per cent, were paid or tendered to the Treasurer of the said District, within two years from the date of the advertisement of the said lands by the said Sheriff, pursuant to the said recited Act, is and shall be in the person or persons in whom the same was at the time of the said sale, or in his or her heirs: Provided always, nevertheless, that in all cases where the said taxes, with twenty per cent. as aforesaid, were only tendered to the said Treasurer, and not received by him, the amount due on the said lands, up to the time of the said sale, with twenty per cent. shall be paid to the said Treasurer within six months after the passing of this Act. The estate in lands, on es were ten dered within a certain time, shall be in the parties in whom it was at the time of the sale. Preamble. САР. |