c. the Statutes of Upper Canada, thirty-eighth George the Third, Acts of U. C. chapter one, and fifty-ninth George the Third, chapter fourteen, 38 G. 3, c. 1,1 he established a line between the sixth and seventh concessions, 14. leaving each of the said concessions of an equal depth, as was intended in the original survey of the Township, and his survey was confirmed by the Commissioner of Crown Lands, but doubts have been raised respecting the legal effect of the said survey and confirmation; And inasmuch as the line between the said concessions established by the said John K. Roche has been drawn in conformity with equity and with the original intention of the survey and the provisions of the thirty-first Section of the Act passed in the twelfth year of Her Majesty's Reign, intituled, An Act to repeal certain Acts therein mentioned, Act of Canada and to make better provision respecting the admission of Land 12 V. c. 35. Surveyors and the survey of Lands in this Province, all doubts as to its legality ought to be removed: 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, as follows: I. The aforesaid boundary line between the sixth and seventh Roche's surconcessions of the Township of Hamilton, established by Pro- vey confirmed. vincial Land Surveyor, John K. Roche, is and shall be the true and unalterable boundary line between the said Concessions. II. This Act shall be deemed a Public Act. CAP. CLXXIII. An Act to revive, continue and amend certain provisions of the Act for establishing the boundary of Lots in the West Gore of the Township of Beverly. [Assented to 30th May, 1855.] WHEREAS by an Act passed in the sixteenth year of Her Public Act. Preamble. Majesty's Reign, chaptered two hundred and thirty, provision was made for affording relief to certain proprietors of land situated in the West Gore of the Township of Beverly, in the County of Wentworth, who had sustained injury from the operations of the Board of Boundary Line Commisioners, ap- 16 V. c. 230, pointed under the provisions of an Act of the Parliament of Upper Canada passed in the first year of Her Majesty's Reign, and also from the effect of certain surveys made without adequate authority, but which for the benefit of the occupants and proprietors of land in various Concessions of the said Township of Beverly, Two Commis sioners may be named under the said Act. Provision for estimating value of sur plus land repealed. Such land to its assessed value. it has been deemed advisable to legalize; And whereas by the eighth section of the first recited Act it was provided that the. Commissioner of Crown Lands, and two other persons appointed by the Governor, should be Commissioners to (among other things) ascertain within twelve months after the passing of the said Act, the losses (over and above the amount, if any, both awarded and paid under the decision of the Boundary Line. Commissioners) sustained by the proprietors of lands and preperty situate within the limits of the West Gore of the said Township; And whereas the Commissioners required to be so appointed by the Governor of this Province, were not appointed in sufficient time to enable them to enter upon the duties imposed upon them by 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 virine 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, as follows: I. It shall be lawful for the Governor of this Province to appoint, at any time within twelve months after the passing of this Act, two competent persons as Commissioners to act in conjunction with the Commissioner of Crown Lands, as contemplated by the first recited Act. II. So much of the eighth Section of the said Act as provides that the surplus land gained by various persons, in consequence of certain surveys specified therein being legalized by the said Act, shall be calculated at the rate of one pound ten shillings per acre, being the average price of wild land in the same Township, shall be and is hereby repealed. III. The estimate of value of such overplus shall be calcu bestimated at lated according to the assessed value thereof, as appearing upon the assessment-roll prepared lastly, at the period when the Commissioners who shall be appointed under the provisions of this Act, shall render their decree declaring the sums to be paid by the proprietors or holders of overplus lands in the sixth, seventh, eighth, ninth and tenth concessions of the said Township of Beverly; And any amount payable for such surplus or overplus lands may be recovered in the same manner as ordinary rates or assessments imposed by Municipal authority. Value, how recoverable. The sa'd Act cortint ed as amended. IV. Subject to the amendments made by this Act, the provisions of the Act hercin first recited, shall be held to be in full force and effect, for the purposes therein specified. Government V. Nothing contained in this Act, or in the Act hereby con- Act not to pretinued and amended, shall be construed to have the effect of vent recourse debarring the proprietor of land in any one of the several Con- against cessions of the said Township of Beverly, whose lot or parcel for deficiency of land may be deficient in quantity, from obtaining from the in any lot. Government of this Province an equivalent in land, compensating him for such deficiency, in the ordinary manner provided for by law. VI. This Act shall be deemed a Public Act. CAP. CLXXIV. An Act for granting additional aid, by loan, to the Grand [Assented to 19th May, 1855.] Publis Act. HEREAS it is expedient to grant additional aid, by Preamble: loan, to the Grand Trunk Railway Company of Canada, to an amount not exceeding nine hundred thousand pounds sterling, but so that the total amount of Provincial aid to the said Company, by guarantee and loan, shall not at any time exceed fifty per cent on the amount then actually expended by the Company on that portion of their Railway which is between St. Thomas below Quebec, and Stratford above Toronto, (exclusive of the Victoria Bridge) and so that such additional aid shall be advanced solely in respect of money to be expended on the said portion of the Railway after the first day of May, one thousand eight hundred and fifty-five, and shall be secured by a first charge on the whole amalgamated Railway and Works of the Company, and shall be repaid within a certain period: 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, as follows: issue of De I. It shall be lawful for the Governor in Council to authorize Governor in the issue of Provincial Debentures to an amount not exceeding Council may nine hundred thousand pounds sterling, in such form and the authorize the principal and interest whereof shall be payable at such periods bentures for and place as he shall see fit, but bearing interest at a rate not £900,000; exceeding six per cent. per annum, and redeemable at a period And advance not more than twenty years from the date of issue,-and to the sum so advance the sum to be raised by the issue of the said Deben- raised to the tures (or such part thereof as the Company may become entitled Company on to receive under the conditions hereinafter mentioned) as an diions. Crtain con Total aid limited to 50 per cent on sum expended. Total aid under this Act limited. aid by loan to the said Grand Trunk Railway Company of Canada, in addition to the aid to which the said Company is now entitled to receive by means of the Provincial Guarantee, but subject always to the following conditions, and to such further terms and conditions as the Governor in Council may see fit to impose, that is to say: 1. The total amount of the aid which the Company shall have received by means of the Provincial Guarantee under the provisions of any former Act or Acts and the Loan hereby authorized, shall never exceed fifty per cent on the sum then actually, and with due regard to economy, expended by the company in work or materials delivered on the ground, or both conjointly, to be ascertained in the manner provided by the Act incorporating the Company in respect of the said Guarantee, nor shall the total sum advanced to the Company under this Act ever exceed seventy-five per cent on the sum then actually, and with due regard to economy, expended by the Company after the first day of May, one thousand eight hundred and fiftyfive, in work or materials delivered on the ground, or both conjointly, on that portion of the line of their Railway lying between St. Thomas below Quebec and Stratford above Toronto, and exclusive of the Victoria Bridge, and of mere repairs, the said sum to be ascertained as aforesaid; Provided always that the said. Company shall not pay or advance any portion of their to be expended assets whatsoever derived or derivable from the original gua rantee or from the present aid or from their capital stock or from any other source whatsoever on the construction or completion of Victoria Bridge until the main line of Railway between St. Thomas and Stratford shall have been completed and in operation; Proviso: No part of aid on Victoria Bridge until certain lines are finished. Loan under this Act to be a first charge on all the property of the Company; and how pay able. With the same privileges as 2. The sums advanced as a Loan under this Act, shall be a first charge, hypothec and lien in favor of the Crown on behalf of the Provincial Government, and upon the whole amalgamated Grand Trunk Railway of Canada, and upon all the Railways, works and property forming part thereof or now belonging or hereafter to belong to the said Company, and shall be payable at a period not exceeding twenty years from the passing of this Act, the interest thereon at six per cent per annum being payable by the said Company to the Crown for this Province, half yearly, at such times as the Governor in Council shall appoint; Provided that nothing in this section contained shall prejudice the security of the Seminary of Montreal and of the British American Land Company upon the former St. Lawrence and Atlantic road or any creditor for the price of lands sold to the said Company or to the Grand Trunk Company having a privilege of bailleur de fonds; 3. The said charge, hypothec and lien in favor of the Crown, the first Loan shall have the same preference and privilege and shall be subject to the same incidents as to redemption and otherwise, as the the charge, hypothec and lien in favor of the Crown for claims arising out of the Provincial Guarantee, or advances in place of the Provincial Guarantee under any former Act or Acts authorizing such Guarantee or advance; 4. And it shall be lawful for the Governor in Council to Governor may direct the Board of Works and such skilled Engineers as the cause work to be inspected; Governor may appoint from time to time, to examine and report upon the works in progress, and to estimate from time to time the work still remaining unfinished upon the several Sections of the said Railway; And it shall be lawful for the And withhold Governor in Council to withhold the whole or any portion of aid if report be such additional aid upon any section or sections of the said tory. Grand Trunk Line if the said Report should not be satisfactory to him. not satisfac II. All moneys received from the said Company for the How moneys Crown, in payment of principal or interest of any claim of the repaid by the Company shall Crown on behalf of this Province arising out of the said Provin- be applied and cial guarantee, or any advance made to the said Company in accounted for. place thereof under the Acts in that behalf, shall form part of the Consolidated Revenue Fund of this Province, and shall be accounted for accordingly to Her Majesty, Her Heirs and Successors, and to the Provincial Parliament. An Act to authorize the Grand Trunk Railway Company of Canada, to change the location of their line in and near the City of Toronto. W [Assented to 19th May, 1855.] Public Act. cited. HEREAS the Mayor, Aldermen and Commonalty of the Preamble. City of Toronto, did, by their agreement, made and entered into on the fourth day of January, one thousand eight Agreement of hundred and fifty-four, covenant and agree to give and provide the Company for the use of the Grand Trunk Railway Company of Canada, poration of over, upon, across and along the Esplanade, to be constructed by Toronto rethe said City along the front thereof, three railway tracks occupying a space of forty feet in width of the said Esplanade, at and for the price or sum of Ten Thousand Pounds, of lawful money of this Province; And whereas the said Company, after and in pursuance of the said agreement, did thereupon locate their line according to law, in such mode and direction as to enable them to make the connection between the eastern section of their Railway lying to the east of the said City, and the western section thereof lying to the west of the said City, over, upon, across and along the said Esplanade; And whereas the said Company, in consequence of the said covenant so made and entered into on the part of the said City, have proceeded with the |