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cents.

Proviso: Bylaws must be approved by Governor in Council.

Powers of Corporation in case pay

ment of tolls

is refused.

Vessels to be liable.

Corporation

may sell Park

lot.

Conveyance.

Public Act.

Eggs,....

All articles not herein enumerated,.

per barrel or box, 4 per ton, 40

Provided that the By-law or By-laws imposing the said tolls shall be approved by the Governor in Council before having any force or effect, and that an annual return be made to Parliament of the amounts collected under the same and the mode of expenditure, and provided further that the power to collect such tolls shall cease in ten years after the passing of this Act.

2. If any person or persons shall neglect or refuse to pay the tolls or dues to be collected under this Act, and under any By-Law that may be passed under the authority thereof, it shall and may be lawful for the said Corporation, or their officer, clerk, or servant duly appointed, to seize and detain the goods, wares, merchandise, and chattels, logs, timber, spars and masts, on which the same are due and payable until such tolls are paid; and if the same shall be unpaid for the space of thirty days next after such seizure, the said Corporation, or their officer, clerk, or servant, as aforesaid, may sell and dispose of the said goods, wares, merchandize, chattels, logs, timber, spars, or masts, or such part thereof as may be necessary to pay the said tolls, and the reasonable costs and charges of keeping and selling the same by public auction, giving ten days notice thereof, returning the overplus, if any, to the owner or owners thereof.

3. Every vessel, boat, or other craft, on board of which goods, wares, merchandize, chattels, and other things may be shipped, shall be liable for the dues chargeable against such goods, wares, merchandize, chattels, and other things, and in the event of non-payment thereof, may be detained until payment thereof is made.

4. The said Corporation of the Town of Owen Sound are authorized and empowered to sell, for the best price that can be obtained for the same, on such terms of payment as they may deem advisable, in one block, or in subdivisions, the ten acres of Park Lot, number one, in the fourth range east of the Garrafraxa Road, in the Town of Owen Sound aforesaid, granted "To the Mayor and Corporation of the Town of Owen Sound, in the County of Grey, in trust for a Public Cemetery," by a patent bearing date the sixteenth day of April, A. D. one thousand eight hundred and fifty-eight, and to apply the proceeds, so far as the same will go, in liquidation of the debt incurred by the said Corporation in the purchase of a new Cemetery and in the improvement thereof.

5. Any Conveyance under such sale shall be made by the Corporation of the Town of Owen Sound aforesaid.

6. This Act shall be deemed a Public Act.

CAP.

CAP. LXIV.

An Act to confirm certain Side Roads in the Township of Scarborough, and to provide for the defining of other Road allowances and Lines in the said Township.

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[Assented to 18th May, 1861.]

HEREAS the Municipal Council of the Township of Preamble Scarborough have, by their petition, represented, that the greater number of the Side Road allowances between lots on the said Township have been opened up and travelled, and statute labour and public moneys expended thereon for many years back,-that it has been discovered, upon recent and more correct surveys being made in several concessions, that few, if any, of the said Side Roads, as laid out formerly as aforesaid, and improved and travelled, are upon the true original allowances, that to alter the said lines of Road now, and place the same upon the proper allowances, would present serious objections both in consequence of the actual loss of labour and moneys expended upon the same, and also in consequence of the peculiar difficulties and uncertainties attendant upon the litigation of the question of highways and road allowances, that it is most desirable, therefore, that the side roads, where opened up and improved as aforesaid, should be confirmed and established for all future time upon the present lines, and they have prayed that legislative provision be made for that purpose, and it is expedient to grant the prayer of their petition: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows:

firmed.

1. The several side roads in the said Township, as laid out Present side and improved and travelled upon lines formerly drawn for the roads conrespective allowances for road, and as the same shall be hereafter defined on the ground under the provisions of this Act, shall be and the same are hereby declared to be the true and unalterable Government allowances for road, one chain in width, between the several lots, without regard to their direction as being parallel or not to the governing line of the concession, any law or usage to the contrary notwithstanding.

survey to be

2. The Municipal Council of the Township of Scarborough Council of shall, within twelve months after the passing of this Act, cause Scarborough such a survey of the Township to be made by a Provincial to cause a Land Surveyor, as will result in the defining on the ground, of made, which the precise lines of the said side roads as the same have been shall be valid. opened up and now exist as aforesaid, and such surveyor shall define the same by permanent cut-stone boundaries, properly marked and planted at the front and rear angles of each concession, and shall deposit copies of the map and report of such

survey in the office of the Commissioner of Crown Lands, and in the Registry Office of the County of York, respectively; and a rate to pay the Council may impose and levy a rate upon the real property

And to levy

expenses.

How surveys

shall there

of the said Township, to defray the expenses of such surveys, maps and reports, and of the planting of such monuments, which monuments, so planted, shall be deemed to be the true and original boundaries.

3. From and after such Survey being effected, and the maps and reports thereof being deposited as aforesaid, every survey after be made which may be made of any line for side road allowance, which

in the town

ship.

Surveys of aliquot parts

of lots.

And not to

surveys.

may not have been opened previous to the passing of this Act, or any division line or limit between lots in the said Township, shall be drawn from the post or monument planted in the Original Survey at the front angle of such road allowance, or to mark the commencement of such line or limit; or should such original post or monument be lost, and no satisfactory evidence exist of the position of the same, the Surveyor shall proceed as in other similar cases under the law in this behalf; the proper angle at the rear shall then be determined by giving the lots in that particular block between the monuments planted in the Survey provided in the second section of this Act, to mark the side roads on either side thereof, the same width in proportion as they respectively possess on the front, as found in the manner above pointed out, and the required line of side road allowance or division line or limit shall be drawn through the concession from point to point so found, and all lines for side road allowance or division lines or limits so determined shall be taken to be, and the same are hereby declared to be the true lines and limits thereof, any law or usage to the contrary in any wise notwithstanding.

4. The boundaries or limits of any aliquot portion of a lot in any concession of the township shall be determined by giving such portion the proportionate length and width of the whole lot, as the latter shall have been ascertained in the manner directed by this Act.

5. No proceedings, which may be taken under this Act, shall affect certain be valid as against any survey made and boundaries planted under the authority of the late boundary commissioners, or against any Municipal Survey performed and boundaries planted under the provisions of the chapter seventy-seven of the Consolidated Statutes for Upper Canada.

Lots as defined

under this Act the true lots,

6. The several lots in the Township granted by letters patent, and described by numbers or otherwise, as certain lots in certain concessions, and heretofore intended to be bounded by lines drawn in accordance with the law respecting Surveys in Upper Canada, and the boundary lines of which are intended to be fixed by this Act, shall be held to be the same several lots in

the

the same several concessions, and shall be respectively represented by all the land contained between the limits thereof, as the same shall be correctly defined under this Act, whether the courses or distances of the said limits, as described in the letters patent granting the same, shall or shall not agree with the respective courses and distances of such limits as defined under this Act upon the ground.

7. This Act shall be deemed a Public Act.

CAP. LXV.

An Act to enable the Municipalities of Dereham and Ingersoll to pass By-laws to ratify their agreement with the Dereham, Ingersoll and Dorchester Plank and Gravel Road Company, and to legalize the said agreement.

[Assented to 18th May, 1861.]

Public Act.

HEREAS an agreement was entered into, on the thirtieth Preamble. W day of April, one thousand eight hundred and fifty-nine, between John Smith, the Reeve, and Orrin Avery, representing the Township of Dereham, in the County of Oxford, and Adam Oliver, the Reeve, and Thomas Brown, representing the Village of Ingersoll, in the same County, and the Dereham, Ingersoll and Dorchester Plank and Gravel Road Company, whereby the said Municipalities, among other things, agreed to reduce the amount of paid up Stock by them respectively held in the said Company, and the Directors thereof agreed to procure the necessary funds and to complete the main line of the said road to the town line between the Townships of Dereham and Bayham, and certain other conditions were made dependent on the abandonment of the Company's Branch Line to Dorchester; and whereas the said Company have performed their part of the said agreement, and have abandoned the said Branch Line, and the said Municipalities have, through their Councils, petitioned the Legislature to legalize the said agreement and all proceedings by the said several parties had and done, or to be had and done thereunder, and in conformity therewith, and to enable the said Council to pass the requisite By-laws to ratify, confirm and carry out the same: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows:

the said town

1. The Municipal Councils of the said two Municipalities Agreement may pass all necessary By-laws to ratify and confirm the said confirmed, and agreement, and the same shall thereupon become, and shall be the Councils of held to have been, from the date thereof, legal and binding upon ships may pass the said Municipalities and the said Company, and the said By-laws to Municipalities and the said Company shall have full power to carry it out. do any thing which may be necessary to carry out and give full

effect

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effect to the same, and all proceedings done or to be done, by either of the said Municipalities or by the said Company, under the said agreement and in conformity therewith, are hereby declared valid and binding.

2. This Act shall be deemed a Public Act.

CAP. LXVI.

An Act to establish and define certain Road allowances and boundaries in the Township of Burford.

[Assented to 18th May, 1861.]

THEREAS the line between the thirteenth and fourteenth concessions of the Township of Burford was not drawn in the original survey of the Township, and the proprietors of the lots in the said concessions took possession of their lands and regulated their improvements, and made the road between the concessions in conformity with a certain survey performed in the year one thousand eight hundred and thirty-nine, by Provincial Land Surveyor Jesse P. Ball, at their request, and not under instructions from the Government; And whereas the Municipal Council of the said Township, in the year one thousand eight hundred and fifty-two, applied for a survey of the line between the said concessions, under the provisions of the thirty-first section of the Provincial Statute, twelfth Victoria, chapter thirty-five, which was performed by Provincial Land Surveyor Wm. George Wonham, and was confirmed by the Commissioner of Crown Lands in conformity with the provisions of the said Act; And whereas the said last mentioned survey does not correspond with the survey before mentioned, performed at the request of the proprietors of the lots in the said concessions, but changes the position of the lots and buildings of the said proprietors, to their serious injury; And whereas the said proprietors have requested the Corporation of the said Township to apply to the Legislature for the passage of an Act setting aside the aforesaid survey performed by Provincial Land Surveyor Wm. George Wonham, and establishing the aforesaid survey performed by Provincial Land Surveyor Jesse P. Ball, by which they have taken possession of their lands and regulated their improvements, and the said Corporation have made application accordingly, and it is expedient to comply with their request: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows:

1. The aforesaid survey of the line between the thirteenth and fourteenth concessions of the Township of Burford, performed by Provincial Land Surveyor Wm. George Wonham, shall be and is by this Act set aside and rendered null and

void

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