CAP. CVIII. An Act to enable the Town Council of the Town of [Assented to 1st July, 1856.] HEREAS the Town Council of the Town of St. Catharines, Preamble. WHEREAS eight hundred and fifty-four, purchased a part of Lot number seven in the seventh concession of the Township of Grantham, for the purpose of a Public Cemetery; And whereas the said Council subsequently acquired another tract of land more advantageously situate for the purpose of a Public Cemetery, and has expended a large sum of money in preparing the said last mentioned tract of land for Cemetery purposes; And whereas the said Council no longer requires the said land so purchased as aforesaid, and desires to be authorized to dispose thereof: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: I. The said Town Council of the Town of St. Catharines Town Council shall have full power and authority to sell and dispose of that may dispose of part of Lot number seven in the seventh concession of the the said lot. Township of Grantham, in the County of Lincoln, heretofore purchased by the said Council for the purpose of a Public Cemetery, and to convey the same in fee simple to such person or persons as may be desirous of purchasing the same. II. This Act shall be a Public Act, and the Interpretation Act Public Act. shall apply to it. САР. СІХ. An Act to alter the survey of that part of the Third Concession of the Township of Onondaga, commonly called " Martin's Bend," and to confirm a new survey thereof, and for other purposes. [Assented to 1st July, 1856.] WHEREAS the Lots laid out in that part of the wind Con- Preamble. cession West of Fairchild's Creek in the Township of Onondaga in the County of Brant, commonly called Martin's Bend, being part of the Indian Lands on the Grand River, according to the survey of the said Township made by James Kirkpatrick, Deputy Provincial Surveyor, are not adapted to the peculiar topographical position of the land in the said Bend; And whereas all the land in the said Bend has been settled upon, and the settlers have made improvements upon the lands occupied 26 Lands at Mar occupied by them without reference to the shape or boundaries of the lots as defined by the said survey, and such settlers are desirous of purchasing the lands held by them without reference to such survey; And whereas a survey of the said Bend has been made by Lewis Burwell, a Deputy Provincial Surveyor, and a diagram thereof bearing date the thirty-first day of January, in the year of our Lord one thousand eight hundred and fiftythree, subdividing the said Bend in accordance with the respective possessions of the several settlers in the said Bend, has been submitted to His Excellency the Governor in Council, and is now among the plans in the Indian Department; And whereas the settlers in the said Bend have petitioned to be allowed to purchase the lands held by them in accordance with the said survey of the said Lewis Burwell, and that the several roads marked on said diagram should be established and confirmed as public highways; And whereas it is expedient that the said survey of the said James Kirkpatrick, as far as the same relates to lots numbers twenty-one, twenty-two, twenty-three, twenty-four, twenty-five, twenty-six, twenty-seven, twentyeight, twenty-nine, thirty and thirty-one of the said third Concession of the Township of Onondaga, being the Lots contained in the said Bend, should be set aside, and that the said survey of the said Lewis Burwell should be adopted in the place thereof: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: I. It shall and may be lawful for the Superintendent General tin's Bend may of Indian affairs to sell and dispose of and cause to be granted be granted ac- all or any of the lands in the said Bend lying and being to the cording to the Survey of south-west of the limit between Lots numbers twenty and Lewis Bur- twenty-one, and embracing lots from twenty-one to thirty-one, well. both inclusive, in the said Third Concession of the said Township of Onondaga, in accordance with the survey of the said Lewis Burwell, and without reference to the survey of the said James Kirkpatrick or the boundaries of Lots thereby established, Survey of Burwell sub that of Kirkpatrick. stituted for Certain roads Plan confirm II. From and after the passing of this Act, the said survey of the said James Kirkpatrick, as far as the same relates to the subdivision of the said Bend south-westerly from the said limit between lots numbers twenty and twenty-one, shall be superseded by the said survey of the said Lewis Burwell, and the said survey of the said Lewis Burwell, as far as the lands in the said Bend are concerned, shall have the same force and effect as and shall for all purposes be deemed and taken to be the original survey of the said concession. III. The roads marked on the said diagram of the said Lewis on Burwell's Burwell in red, the one running from the Grand River opposite the Village of Newport, between lots G. and H. F. and J. and D. and E., and through lots B. and A., and the other from the last mentioned Road, near the centre of lot D., south-easterly ed. through through C. and part of the lot commonly called the "Mission Lot," to the Grand River, shall be established and are hereby confirmed of the width of forty feet as public highways. IV. And whereas the allowance for Road between lots Recital. numbers nineteen and twenty in the said Third Concession of A certain road the Township of Onondaga, from the River's edge, south- allowance may easterly to the present travelled road running across the said Lots be granted to W. N. Alger, nineteen and twenty, is by reason of the nature of the ground on his giving unsuited and impracticable for a road; And whereas William other land for N. Alger of the said Township of Onondaga, Esquire, is seized the road. in fee of the said lots nineteen and twenty, and is willing to lay out a road along the northern eastern limit of the said lot number nineteen, in the place of the said original allowance for Road between lots numbers nineteen and twenty; therefore it shall and may be lawful for the Governor in Council to cause to be granted to the said William N. Alger, his heirs and assigns for ever, the said original allowance for road between lots nineteen and twenty, from the said travelled road to within one chain of the River's edge, as an equivalent for the road to be opened by him along the north-eastern limit of the said lot nineteen. Town may of be way to the River. V. For and notwithstanding any Act, law, usage or custom to Certain lands the contrary thereof, it shall and may be lawful for the Superin- in Cayuga tendent General of Indian affairs to cause to be sold or granted any of the Indian lands not already granted in the Town of Cayuga, out reservagranted within the County of Haldimand, lying to the west of Ouse Street, tion of right and south of the Bridge across the Grand River at King Street, in the said Town or Cayuga, without any reservation of right to the public or any individual to cross such lands to the River's edge, or any mauner of reservation whatsoever, except any right of way already acquired by the public or by any individual; Provided always, that nothing herein contained shall authorize Proviso. or be construed to authorize the selling or granting of any lands laid out as streets or allowance for streets upon the plan of the said Town of Cayuga. VI. This Act shall be deemed a Public Act. САР. СХ. An Act to vest in the Agricultural Societies of Middlesex and Elgin, certain Lands in the City of London granted for Agricultural purposes, with power to dispose of the same. W [Assented to 1st July, 1856.] Public Act. HEREAS the Agricultural Society of the County of Preamble. day of September, one thousand eight hundred and forty five, 26* Letters The unsold be sold for the purposes of this Act, Letters Patent were issued granting ten acres of land in the then Town and now City of London, to the then Municipal Council of the District of London, which comprised the tract of land now forming the Counties of Middlesex and Elgin, in trust for the use of the inhabitants of the said District of London, as a site for holding Free Fairs according to law,-that after the passing of the Act substituting Counties for Districts in Upper Canada, the said Counties of Middlesex and Elgin were united but have since been disunited, and that as the said land was granted, as aforesaid, for the use of inhabitants of the now Counties of Middlesex and Elgin, and as at the time of the disuniting of the said Counties as aforesaid, the subject in question was expressly excluded from the proceedings had for adjusting the respective liabilities of the said Counties to each other, and was left as an open question for future settlement, the inhabitants of the County of Elgin are entitled to an equit able share of the said land or of the proceeds thereof,-and they therefore pray that an Act may be passed vesting the said land in the Agricultural Societies of the Counties of Middlesex and Elgin, and empowering and requiring them to sell the said land, and to apportion the proceeds thereof between the Counties of Middlesex and Elgin; And whereas certain portions of the said lands have been disposed of by the Municipal Council of the County of Middlesex to the Great Western Railway Company and to the London and Port Stanley Railway Company, and it is desirable that the titles of the said Companies thereto should be confirmed, and that the remainder of the said lands not so sold, or their value, should be appropriated so as to secure to each of the said Counties of Middlesex and Elgin, an equitable share thereof: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: I. So much of the said land as was not sold as aforesaid, by portion of the the Municipal Council of the County of Middlesex to the said land vested in the said Agri- Railway Companies, or either of them, shall be and is hereby cultural Socie vested in the Agricultural Society of the County of Middlesex ties in trust, to and the Agricultural Society of the County of Elgin, as tenants in common, in trust to sell and dispose of the same to the best advantage, by Public Auction, or in such other manner as may be agreed upon by a majority of the President, Vice-President and Directors for the time being of each of the said Societies, and to convey the same in fee to the purchaser or purchasers, under the corporate seals of the said Societies, and the hands of their respective Presidents for the time being; and such purchaser or purchasers shall hold the same quit and clear of any trust to which the said land was subject, and shall not be bound to see to the execution of any such trust, or to the application of the purchase money; Provided always, that such ing leases, &c., sale or sales shall be subject to all existing leases or interests not to be dis- created by the Municipal Council of the County of Middlesex, in the said land or any part thereof. Proviso: exist. turbed. Societies. II. The proceeds of such sale or sales whenever they shall be Division of the made, shall be apportioned and divided between the Agricul- proceeds betural Societies of the said Counties of Middlesex and Elgin, in tween the said proportion to their respective populations by the last census; and the amount (if any) so ascertained to belong to each of the said Societies, out of any moneys arising from the said land and received by the Municipal Council of the County of Middlesex, shall be paid over forthwith, or so soon as it shall be As to moneys received by the said Council, to the Society to which it shall already receiv belong, and until it shall be so paid, shall be a debt due by dlesex County the said County to such Society and recoverable accordingly, Council. and the moneys so apportioned shall be invested or applied by the said Societies respectively, in such manner as to them shall seem best for the promotion and encouragement of Agriculture, and for no other use or purpose whatsoever. ed by the Mid III. All deeds, contracts and agreements heretofore bona fide Deeds to or made or entered into as aforesaid, by the said Municipal Coun- contracts with cil of the County of Middlesex to or with the said Railway Companies the Railway Companies, or either of them, for the disposal of any part of confirmed. the said lands, are hereby confirmed and declared to be binding and effectual on all the parties thereto, according to the true intent and meaning thereof; and the said Railway Companies shall hold any portion of the said lands so conveyed to them quit and clear of all trusts, in like manner as purchasers under this Act, and shall pay to the said Municipal Council, any portion of the purchase money of the said land which may be unpaid at the passing of this Act. IV. This Act shall be deemed a Public Act. Public Act. CAP. CXI. An Act to grant additional aid to the Grand Trunk W [Assented to 1st July, 1856.] HEREAS it is expedient to grant facilities in aid of the Preamble. and under conditions hereinafter mentioned: Therefore, Her I. For the purpose of enabling the Grand Trunk Railway Governor in Company of Canada to complete their undertaking, the Governor Council auin Council shall be and hereby is authorized to carry into effect thorized to the arrangement provisionally entered into between the Govern- certain proviment of Canada and the said Company, based upon the follow- sional arrangeing terms, viz: carry out a ment. The |