An Act to explain an Act intituled, An Act to amend the Acts imposing duties of Customs.

W

[Assented to 3rd April, 1855.]

Preamble.

WHEREAS doubts have arisen as to the Duty payable under the Act passed in the eighteenth year of Her Majesty's reign, and intituled, An Act to amend the Acts 18 V. c. 5. imposing Duties of Customs, on certain kinds of Sugar: 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. That all Refined Sugar, whether in loaves or lumps, Duty. candied, crushed, powdered or granulated, or in any other form, or other sugar equal to Refined Sugar in quality, is sub- RefinedSugar. ject, under the said Act, to a duty of twelve shillings the hundred weight.

II. That white clayed sugar, brown clayed sugar and yellow On White bastard sugar, or sugar of any kind equal in quality to any of Clayed Sugar the said kinds of sugar, but not equal in quality to refined &c. sugar, is subject, under the said Act, to a duty of eight shillings and six pence the hundred weight.

III. That Raw Sugar and all sugar of any kind, not equal on Raw in quality to any of those above mentioned, is, under the said Sugar. Act, subject to a duty of six shillings and six pence the

hundred weight.

CAP.

Preamble.

Special Ses. sion to be held to appoint Divisions.

Proviso.

Proviso:

sions to re

main in the meantime.

An Act making certain provisions rendered necessary by the separation of the Counties of Halton and Went

worth..

[Assented to 3rd April, 1855.] HEREAS the County of Halton, in Upper Canada, was, on the first day of January, in the year of our Lord one thousand eight hundred and fifty-five, in due form of law disunited from the County of Wentworth, and it is necessary to make provision for the organizing of Division Courts and the selection of Jurors, and for confirming certain Municipal proceedings in the said County of Halton: 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 Canola, and it is hereby enacted by the authority of the same, as follows:

I. The County Court Judge of the said County of Halton, together with one or more Justices of the Peace for the said County, shall hold, in his said County, a special Session of the Peace, and at such Sessions shall declare and appoint the numbers and limits of the divisions for the holding of Division Courts within the said County of Halton; Provided always that the Justices of the Peace so assembled may do and perform all such other things as may now by law be done and transacted at a General Quarter Sessions of the Peace in any County in Upper Canada: And, provided also, secondly, that Present Divi-, until such declaration and appointment shall have been made, the Division Courts prior to the disunion of the said Counties of Wentworth and Halton, whose limits were within the County of Halton, shall be and be deemed to have been from the period of such disunion, Division Courts known by the numbers then affixed to such divisions, of, for and in the said County of Halton; and that all matters and things done since the period of such disunion by or under the authority or supposed authority of such Division Courts, and until the declaration and appointment of new divisions as aforesaid, shall be deemed and be taken to be as valid and effectual to all intents and purposes, as if such divisions for Division Courts respectively had been set apart by the Justices of the said County Continuance of Halton in due course of Law; and all actions commenced in the said Division Courts before or since the disunion of the said United Counties of Wentworth and Halton shall and may Counties were be continued to final judgment and execution, and the proceedings therein shall be, remain and continue, proceedings of the said Division Courts of the said County of Halton.

of actions commenced before the

disunited.

in the Divi

Act.

II. Whenever the Justices in Special Session aforesaid, shall Transfer of declare and appoint the numbers and limits of the said Division pending suits Courts in the said County of Halton, all proceedings and to the Courts judgments had and taken in such Division Courts before the sions appointday when such declaration and appointment shall take effect, ed under this shall nevertheless be continued and prosecuted, and shall be considered proceedings of and in such of the Division Courts of the said County of Halton, as the Judge of such County shall order and direct; and the further prosecution of such proceedings and judgments shall be as valid and effectual as if the same had originated in the Courts to which they shall be so transferred, and the said Judge may order and direct the Clerks, Bailiffs, and other officers of the several Division Courts respectively,, to transfer to the proper officers all the books, papers and documents of such Division Courts respectively.

moned for

III. The Sheriff and other officers within the County of What Jurors Halton whose duty it is to summon and return Jurors, shall shall be sumand may for the year one thousand eight hundred and fifty-five, Halton in select and return from among the resident inhabitants of the 1855. said County, the requisite number of persons to serve as Jurors within such County, without reference to the mode prescribed for selecting, balloting, or returning Jurors by the Upper Canada Jurors Acts; Provided, that Juries de medieiate lingue and Proviso. Juries of a like nature may be ordered by the Court before which any cause may be pending; Provided also, that the Proviso: as to Courts, selectors of Jurors, officers, and other persons upon 1856. whom the law devolves such duties within the said County, shall in due course take the necessary steps for selecting Jurors and balloting Jury lists, from which the panels of Jurors for the said County for the year one thousand eight hundred and fifty six, under the provisions of the Upper Canada Jurors Acts, are to be taken.

Jurors for

IV. The Jurors balloted for at the Court of General Quarter Certain Jurors Sessions of the Peace held in and for the said United Counties to be liable to of Wentworth and Halton in the month of November, one standing the serve notwiththousand eight hundred and fifty-four, and entered on the Jury separation of lists accordingly, shall be liable to be summoned and empa- the Counties. nelled and to serve on Juries within the now County of Wentworth, to all intents and purposes, as if the said County of Halton had continued united with the said County of Wentworth, and the Sheriff of the County of Wentworth may cause such persons to be summoned to serve as such Jurors, notwithstanding they may reside within the limits of the said County of Halton.

V. And be it enacted for the purpose of preventing injustice As to persons to parties, that in any case where a person shall have been on bail to keep heretofore, or shall hereafter be admitted to the limits of any Union of Union of Counties in the manner prescribed by law, and when Counties,

such

the limits of a

They shall still have the limits of the two Counties.

which shall be such Union shall have been heretofore or shall hereafter be or shall have dissolved, or where any one or more Counties shall have been been dissolved. heretofore or shall hereafter be separated from such Union, after such admission, then and in every such case, the said person shall be held to reta 'n the right to travel and reside in any portion of the said Counties as if no dissolution or separation had taken place, and the said person shall not be held by reason of such travel or residence, to have broken any Bond or condition thereof, or to have forfeited any security given for the purpose of obtaining the benefit of such limits: Provided always, that in any case where proceedings in Law have Leen instituted before the passing of this Act against any person, or his or her sureties, by reason of such person having travelled from one County into another County of the said Union, or by reason of his or her having continued to reside in one County of the said Union after any such dissolution or separation, such legal proceedings may be continued and prosecuted until the payment by the defendant or defendants of the Plaintiffs' costs of suit, as between Attorney and client, and on such payment the said proceedings shall be discontinued.

Proviso:

Pending proagainst such persons may

ceedings

be continued

until costs are paid by the Defendant.

Preamble.

Head of Municipality holding £5,000 of

CAP. LXX.

An Act to amend the Act to authorize the construction of a Railway from Galt to Guelph."

[Assented to 3rd April, 1855.] HEREAS it is highly desirable to allow Municipalities holding Stock in the Galt and Guelph Railway Company to be represented on the Board of Directors thereof, and otherwise to amend the Act of Incorporation of the said Company, and to allow the said Company to construct an extension of their Railway from the Town of Guelph to Owen Sound on the Georgian Bay, at or near the Town of Sydenham, and also to allow the said Company to construct an extension of their said Railway from the Village of Preston to the Town of Berlin : 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:

I. The Mayor, Warden or Reeve, for the time being, of any Municipality, holding, at any time, shares in the Capital Stock of the said Galt and Guelph Railway Company, to an amount Stock to be a of not less than five thousand pounds currency, shall be ex officio a Director of the said Company, and need not hold any shares of the said Stock in his own name, in order to qualify him

Director.

as such Director.

and Berlin au

II. It shall and may be lawful to and for the said Galt and Extensions of Guelph Railway Company to construct an extension of their the Railway to Railway from the Town of Guelph to Owen Sound on the Owen Sound Georgian Bay at or near the Town of Sydenham, the line thorized. thereof being first approved by the Governor in Council, and also an extension of their said Railway from the Village of Preston to the Town of Berlin, the line thereof being in like manner first approved by the Governor in Council, or any part of such works as the said Company may see fit.

£350,000 au

III. It shall and may be lawful for the said Galt and Guelph Increase of Railway Company, to increase the amount of their Capital Capital to Stock, from the sum of one hundred and forty thousand pounds thorized. currency, to a sum not exceeding five hundred and fifty thousand pounds currency, and such capital may be raised, either by issuing new shares or borrowing money, or both conjointly, and which capital may be increased if necessary, in the manner provided by the nineteenth section of the Railway Clauses Consolidation Act, which, for such purposes, is incorporated with this Act.

IV. It shall not be lawful for the said Galt and Guelph Extensions not Railway Company, to commence the said extension of their to be commenRailway from Guelph to Owen Sound, without having first tain amount is obtained for that purpose the subscription of three hundred and subscribed. fifty thousand pounds of Capital Stock, and the payment of ten per cent thereon. Nor shall it be lawful for them to commence the said extension of their said Railway from Preston to Berlin, without having first obtained for that purpose the subscription of fifty thousand pounds of Capital Stock, and the payment of ten per cent thereon; and the said amounts of three hundred and fifty thousand pounds, and fifty thousand pounds, may, if the Company see fit, be specially raised and applied for the construction of the respective extensions aforesaid, in the proportion of three hundred and fifty thousand pounds for the extension to Owen Sound, and fifty thousand pounds for that to Berlin.

V. And whereas the Great Western Railway Company Recital. and the Galt and Guelph Railway Company, are desirous of entering into an arrangement for the working and leasing of the road, property, and works of the said last named Company, and for assisting, (by advancing the iron or some part thereof or otherwise) to build and complete the said road and works, and making the amount of such advance or assistance a first charge upon the road, property and effects of the said last named Company; Be it therefore enacted, That it shall be The Company lawful for the Directors for the time being of the said respective and the Great Companies, to make and enter into such agreement or agree- Railway ments as they shall think advisable, (and from time to time to Company may alter or vacate the same, and again to enter into other or an arrangedifferent ones,) as well for the working or using of the said ments.

road

Western

enter into cer