for illegality, the full amount thereof, notwithstanding it may have been or &c., in hands may be negociated by such Corporation at a rate less than par, of bond fide or at a rate of interest greater than six per centum per annum, holder. and shall not be liable to be impeached in the hands of a boná fide holder for value, without notice.

Preamble.

18 V. c. 1.

Bonds and duties men

tioned in the

CAP. LXXXI.

An Act to ratify certain things done under the Act to confirm the Reciprocity Treaty, and for other purposes.

[Assented to 19th May, 1855.]

HEREAS by two Orders in Council bearing date respectively the eighteenth day of October and the sixth day of November, one thousand eight hundred and fifty-four, made for the purpose of carrying into effect, according to their true intent, the Act passed in the eighteenth year of Her Majesty's Reign, intituled, An Act for giving effect on the part of this Province to a certain Treaty between Her Majesty and the United States of America, and the Treaty in the said Act referred to,--it was ordered, that goods which under the said Act would come into this Province free of duty when the said Treaty was in full 'operation, might be at once admitted in certain cases, on special Bonds and without payment of the duties in cash, with an intimation that if the said Treaty came into operation within six months thereafter, the said Bonds should be cancelled and any duties paid should be remitted; And whereas the said Treaty did so come into operation within six months as aforesaid: 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:

1. The Bonds given in the case mentioned in the Preamble shall be cancelled, and the duties paid shall be remitted and Preamble may returned; and if any such Bonds have been already so canbe cancelled celled or any such duties so remitted and returned, the same and remitted. shall be held to have been legally cancelled, remitted or returned, and all parties engaged in cancelling, remitting or returning the same, are hereby indemnified.

18 V. c, 5.

Duty declared payable on the over

II. And for the removal of doubts under the Schedule to the Act passed in the eighteenth year of Her Majesty's Reign, intituled, An Act to amend the Act imposing Duties of CustomsBe it declared and enacted, that the duty made payable by the said Act and Schedule on each gallon of Rum, Whiskey,

Brandy

Brandy, or of Geneva or Gin or other spirits or strong waters not proof of spibeing Whiskey, Rum or Brandy, is and shall be payable (as rits. the duties repealed by the said Act were) for every gallon thereof of any strength not exceeding the strength of proof by Sykes' hydrometer, and so in proportion for any greater strength than the strength of proof.

CAP. LXXXII.

An Act to legalize certain grants from the Municipalities of this Province towards the Patriotic Fund.

[Assented to 19th May, 1855.]

HEREAS doubts exist as to the right of Municipal Coun- Preamble. cils in this Province to make grants of moneys for other than strictly local purposes; And whereas, actuated by a spirit of commendable patriotism, several of the said Municipal Councils have contributed to the aid of the Fund commonly called "The Patriotic Fund," while others, apprehensive that such appropriation of their funds was illegal, have reluctantly refrained from gratifying so praiseworthy a disposition; And whereas it is expedient and right to remove all doubts respecting the power of the said Councils to make such grants for the purpose aforesaid: 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. All grants of money heretofore made by any of the Muni- Grants for the cipal Councils of this Province in aid of the said Fund, shall Patriotic Fund be held to have been and the same are hereby declared to have been lawfully made.

declared valid.

II. It shall and may be lawful for any of the Municipal Coun- Future grants cils of this Province, in their discretion, and within the six to be valid if months next after the passing of this Act, to make such appropri- approved by a majority of ation by By-laws from their funds respectively, for the aid of the the Municipal said Patriotic Fund, as they shall within their said respective Electors. Municipalities see fit: Provided always, that no such grant or appropriation shall be carried into effect until approved of by a majority of the rate-payers, to be affected thereby, at a special meeting of such rate-payers lawfully convened, in the manner provided for similar purposes by the Act passed in the sixteenth year of Her Majesty's Reign, intituled, An Act to esta- 16 V. c. 22. blish a Consolidated Municipal Loan Fund for Upper Canada.

Preamble.

12 V. c. 35.

J4 & 15 V. c. 4.

Sections 2 and

Section 8 of 12 V. c. 35, repealed.

An Act to amend the Acts relating to Land Surveyors. [Assented to 19th May, 1855.]

W

HEREAS it is expedient to amend the Act passed in the twelfth year of Her Majesty's reign, and intituled, An Act to repeal certain Acts therein mentioned, and to make better provision respecting the admission of Land Surveyors and the survey of Lands in this Province, and also the Act passed in the Session held in the fourteenth and fifteenth years of Her Majesty's Reign, intituled, An Act to amend the Act concerning Land Surveyors, in the manner hereinafter mentioned: 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 second and fortieth sections of the Act first cited in 40, and part of the preamble to.this Act, and so much of the eighth section of the said Act as provides that so much of the sum therein required to be paid by each Applicant receiving a Certificate, as shall remain after paying the expenses (if any) attending the examination of such Applicant, shall be equally divided among those Members of the proper Board of Examiners who shall have attended the Examination, and shall not be salaried Officers of the Government, shall be and is hereby repealed; and the remainder of any such sum, after paying the expenses (if any) attending the Examination, shall be paid over to the Commissioner of Crown Lands and accounted for by him in like manner with other moneys received by him, and it shall be lawful for the said Commissioner to pay to each Member of such Board attending any Examination and not being a salaried Officer of the Government, the sum of one pound five shillings for each day's attendance, and to charge the same in his account as part of the expenses of his Office.

How Exami

nors of Applicants for admission as

Land Survey

ors shall be paid.

None but licensed persons to act as

Surveyors.

Fee on trans

mission of Articles to Secretary.

II. No person shall, after the passing of this Act, act as a Surveyor of Lands within this Province, unless he shall be duly authorized to practise as a Land Surveyor according to the provisions of this Act, or shall have been so authorized before the passing thereof, according to the Laws then in force.

III. Each apprentice to a Licensed Surveyor shall pay a fee of ten shillings to the Secretary of the proper Board at the time of transmitting to him his Indenture or Articles, in conformity with the sixth section of the Act secondly cited in the preamble of this Act, nor shall such instrument be deemed to have been transmitted to the Secretary until such fee shall have been paid.

can become

IV. From and after the passing of this Act, no person shall Applicants to be admitted as an apprentice with any Provincial Land Sur- be examined veyor, unless he shall have previously passed an examination before they before one of the Boards of Examiners, or before one of the apprentices to Members of the said Board, or before some Surveyor deputed Surveyors. by the said Board for the purpose, as to his knowledge of Vulgar and Decimal Fractions, the extraction of the Square and Cube root, of Geometry, Plane Trigonometry, Mensuration of Superficies, and the use of Logarithms, and shall have obtained a Certificate of such examination and of his proficiency, from the Board, and before he shall be so examined he shall pay into the Fee Fund the sum of ten dollars as the fee due by him on such examination, and a further sum of ten shillings to the Secretary for the said Certificate; and Fees on exaapplicants for such examination previous to apprenticeship, certificate of shall give one month's notice to the Secretary of the proper qualification. Board, of their intention to present themselves for examination, and pay to such Secretary a fee of five shillings for receiving and entering such notice.

mination and

their

V. No applicant for admission as a Land Surveyor claim- Applicants ing to have served previous to the passing of this Act, during having served the period prescribed by the third section of the Act first cited apprenticeship before in the preamble to this Act, shall be rejected for mere in- this Act, not formality in or technical objection to the "instrument in writ- to be rejected ing," under which he shall claim to have served, or to the date mality, &c. of the transmission or deposit thereof with the Secretary of the proper Board of Examiners, if he shall prove to the satisfaction of the Board of Examiners, that he has so served bonâ fide.

for mere infor

summoned as

VI. Any Surveyor who shall be summoned to attend any Allowance to Court, civil or criminal, for the purpose of giving evidence in Surveyors his professional capacity as a Surveyor, shall be allowed for witnesses. each day he shall so attend, the sum of twenty shillings (in addition to his travelling expenses, if any,) to be taxed and paid in the manner by law provided with regard to the payment of witnesses attending such Court.

VII. When any Surveyor shall be in doubt as to the true Proceedings boundary or limit of any Township, Seigniory, Concession, when a SurRange, Lot or Tract of Land which he may be employed to veyor shall require any survey, and shall have reason to believe that any person is information or possessed of any important information touching such boundary d cument in the possession or limit, or of any writing, plan or document tending to es- of a third tablish the true position of such boundary or limit, then if such party who will person shall not willingly appear before and be examined by not voluntarily give or prosuch Surveyor, or shall not willingly produce to him such duce the same. writing, plan or document, it shall be lawful for such Surveyor or the party employing him, to file in the office of the County Court, if the Survey be in Upper Canada, or of the Circuit Court, if the Survey be in Lower Canada, a Præcipe for a Subpæna or Subpoena duces tecum, as the case may require, accompanying

21*

Municipal

cause the

lots in any

18 VICT accompanying such application by an affidavit or solemn declaration to be made before a Justice of the Peace, of the facts on which the application is founded, and the Judge may order a Subpæna to issue accordingly, commanding such person to appear before the Surveyor, at a time and place to be mentioned in the said Subpana, and to bring with him any writing, plan or document mentioned or referred to therein; and such Subpana shall be served on the person named therein, by delivering to him, or leaving for him with some grown person of his family at his residence, a copy thereof, and exhibiting to him or to such grown person, the original; and if the person commanded so to appear by such Subpana, shall, after being paid his reasonable expenses, or having the same tendered to him, refuse or neglect to appear before the Surveyor at the time and place appointed in the Subpana, or to produce the writing, plan or document (if any) therein mentioned or referred to, or to give such evidence and information as he may possess touching the boundary or limit in question, such person so summoned shall be deemed guilty of a contempt of the Court out of which the Subpiena shall have issued, and an Attachment may be issued against him by the Judge of the said Court, and he may be punished accordingly, by fine or imprisonment, or both, in the discretion of such Judge.

VIII. Whenever the Municipal Corporation of any Township, Councils may City, Town or Incorporated Village in Upper Canada shall boundaries of adopt a resolution on application of one half the resident Landholders to be affected thereby, that it is desirable to place stone concession, or other durable monuments at the front or at the rear, or at certained and the front and rear angles of the lots in any Concession or Range marked under or part of a Concession or Range in their Township, City, Sect. 31, of 12 Town or Incorporated Village, it shall and may be lawful for

&c., to be as

V. c. 35.

Expenses, how paid.

such Municipal Corporation to make application to the Governor, in the same manner as is provided in the thirty-first section of the Act first cited in the preamble to this Act, praying him to cause a survey of such Concession or Range or part of a Concession or Range to be made, and such boundaries to be planted, under the authority of the Commissioner of Crown Lands; and the person or persons making such survey shall accordingly plant stone or other durable monuments at the front, or at the rear, or at the front and rear angles of each and every lot in the said Concession or Range, or part of a Concession or Range, and the limits of each lot so ascertained and marked shall be taken to be and are hereby declared to be the true limits thereof, any law or usage to the contrary notwithstanding; and the cost of the said survey shall be defrayed in the manner prescribed by the thirty-first section of the Act first cited in the preamble to this Act.

Mode of drawIX. And whereas some of the double front Concessions in ing lines in double fronted the Townships in Upper Canada, are not of the full depth, and concessions. doubts have arisen as to the manner in which the division or