Church

acres.

St. George's Church, with the consent and approbation of the Incumbent, the Reverend A. F. Atkinson finding the above ground not only too distant, inconvenient for building, but also low and unhealthy in situation, purchased and fitted up a house with a large lot of ground attached in a convenient position in the Town of St. Catharines for a Parsonage for the Incumbent of the said parish, and which he is now occupying, on which there is still due a balance of about three hundred pounds. The Church-Wardens of said St. George's Church further represent that they are desirous to sell and dispose of the above mentioned property, namely, the four acres part of lot number fourteen in the sixth concession of Grantham mentioned and more particularly described in the said Indenture of the thirteenth day of April, one thousand eight hundred and fifty, and to appropriate the proceeds of the sale to pay the balance now due on the said parsonage house: 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 Church-Wardens of St. Wardens may George's Church in the Town of St. Catharines and their sell all or part successors in office to sell, alienate and convey by a good and of the said four sufficient title under their signature, all or any portion of the said four acres part of lot number fourteen in the sixth conces sion of Grantham purchased of William E. Parnell; and it shall be the duty of said Church-Wardens to apply the proceeds of such sale towards the payment of the debt due the present parsonage of St. George's Church in St. Catharines.

Application of proceeds.

Public Act.

Preamble.

Provisional

II. This Act shall be deemed a Public Act.

CAP. LXVI.

upon

An Act to provide for the separation of the County of
Peel from the County of York.

W

[Assented to 19th June, 1856.] HEREAS a very large number of inhabitants of the County of Peel, the junior County of the United Counties of York and Peel, have by their Petitions prayed that the said County of Peel may be set apart as a separate County for judicial and other purposes without unnecessary delay, and the wealth and population thereof being sufficient to warrant the same, it is expedient to make provision to enable the said County to separate from the said County of York as soon as the necessary provisions for that purpose shall have been made: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows:

I. The Town Reeves and Deputy Town Reeves of the Council con- several Townships, Villages and Towns in the County of Peel,

as

as the same is described and limited in and by the Act passed stituted for in the session held in the fourteenth and fifteenth years of Her Peel. Majesty's Reign, and intituled, An Act to make certain alter- 14 & 15 V. ations in the Territorial Divisions of Upper Canada, shall form c. 5. a Provisional Municipal Council for the said County, and shall with respect to the said County, have, possess and exercise all and singular the rights, powers, privileges and duties conferred, Its general granted or imposed by the Act passed in the twelfth year of powers. Her Majesty's Reign, and intituled, An Act for abolishing the 12 V. c. 78. Territorial Divisions of Upper Canada into Districts, and for providing for temporary Unions of Counties for judicial and other purposes, and for the future dissolutions of such Unions, as the increase of wealth and population may require, upon Provisional Municipal Councils erected by Proclamation under the authority of the said Act, and also all the powers which may be conferred on Provisional Municipal Councils generally by any other Act or Law in force in Upper Canada; subject to Subject to prothe provisions in the following sections contained.

visions hereinafter made.

manner.

II. It shall be the duty of the Warden of the United Counties Warden of of York and Peel, to call a meeting of the Reeves and Deputy York and Peel Reeves of the County of Peel, at such place and hour as he to call a meeting of Reeves, shall appoint, on some day in the month of October, one thousand &c., of Peel, eight hundred and fifty-six: A notice of such meeting shall be and in what inserted in at least one of the Newspapers published within the said County of Peel, and a copy of such notice sent by mail or otherwise to each member of such Council, at least eight days before the day appointed for such meeting, by the Warden of the said United Counties of York and Peel: And the said Provisional Provisional Council at the first meeting thereof to be held under Warden to be this Act, shall first proceed to elect a Provisional Warden, after which, at the same meeting, or some adjournment thereof, they shall proceed to pass a By-law for the purpose of taking a vote To pass Byof the qualified Municipal Electors of the said County, on the law for a spe question of separation, by a vote to be specially taken for that pur- against sepapose, each qualified Elector having one vote and voting "Yea" ration. or "Nay" after at least ten days' notice shall have been given in the manner to be provided by such By-law, of the time and place where the votes will be taken in the Wards of the several Municipalities forming the said County.

clected.

cial vote for or

of votes be

III. The Provisional Council shall meet, on the requisition of If the majority the Provisional Warden, on some day after the day or days against it, Proappointed for taking such vote, and proceed in open Council visional Counto ascertain the number of votes recorded "Yea" and "Nay ;" cil dissolved. and if the result shall show that a majority of the votes recorded are "Nay," then after making a record of the same in the minutes of the said Provisional Council, the said Council shall be dissolved.

IV. If a majority of the votes recorded as aforesaid be " Yea," If the majority then the said Provisional Council shall, at some meeting to be of votes be for

held

Council.

it, powers of held after the first day of February next, proceed to select a the Provisional place for the County Town of the said County, and the place so selected shall be the County Town of Peel; and the said Provisional Council shall have and exercise the powers conferred on Provisional Municipal Councils by law, and shall and may purchase the necessary property at the place selected by the said Council assembled as aforesaid, and proceed to erect the necessary public buildings on such property; and all the provisions of the Act last above cited shall apply to the said Provisional Municipal Council, and to the said County of Peel.

Appointment of Officers.

V. The said Provisional Council shall have power and authority to appoint, by By-law or otherwise, such and so many officers and persons as may be necessary to carry out the Oaths of office. provisions of this Act; and the Provisional Warden or any Member of the Council shall administer to each person so appointed, the oath of office prescribed by law to be taken by any officer appointed under this Act, before he or they shall commence the discharge of the duties imposed on him or them; and each person so appointed and sworn shall be subject to all the responsibilities imposed on Municipal Officers by law.

Penalty for VI. Any person or persons who shall wilfully interrupt or interrupting interfere with any of the proceedings authorized by this Act, proceeeings under this shall be dealt with and punished as provided by the Upper Canada Municipal Corporations Acts, with respect to persons interfering with the proceedings under the said last mentioned Acts.

Act.

Proclamation to issue dissolving the

the Court

House and

-pleted.

VII. So soon as the Court House and Gaol of the said County shall be erected and completed at such County Town, accordunion when ing to the provisions of the fifteenth section of the said lastly in part recited Act, and the other provisions of the said fifteenth section shall have been complied with by the said County, it Gaul are com- shall and may be lawful for the Governor of this Province to appoint the necessary officers as provided by the seventeenth section of the said in part recited Act, and by order in Council to issue a Proclamation dissolving the Union between the said County of Peel and the said County of York, from the date to be mentioned in such Proclamation; and all the provisions of the said lastly in part recited Act, or of any other Act or Law of Upper Canada applicable to Counties on and after their being separated from other Counties, shall apply to the said Counties of York and Peel respectively.

Appointment VIII. The said Warden of the United Counties of York and of a person to Peel shall by a warrant under his hand and seal, appoint some preside until a Provisional one of the Town Reeves or Deputy Town Reeves of the said Warden is! County of Peel, to preside at the first meeting of the Provisioelected. nal Municipal Council thereof, until a Provisional Warden shall be elected by such Provisional Municipal Council.

Public Act.

IX. This Act shall be deemed and taken to be a Public Act.
CAP.

CAP. LXVII.

An Act to authorize a Survey of the Broken Front Concession of the Township of Darlington, and for other

purposes.

[Assented to. 19th June, 1856.]

WHEREAS certain inhabitants, Resident Freeholders, Preamble.

Owners of the Lots in the Broken Front Concession of the Township of Darlington, have petitioned the Legislature to pass an Act authorizing a Provincial Land Surveyor to be appointed under it, to make a Survey of the Broken Front Con-. cession of the Township of Darlington, giving to all Lots an equal width, and fixing stone monuments at the front and rear of each Lot, making such survey final and conclusive, and authorizing the Municipal Council of the Township of Darlington to assess the expenses of such survey rateably upon the owners of such land, and repealing all or any Acts of Parliament which may interfere with the operation of the said Act, so far as they relate to the Broken Front of Darlington; And whereas it is expedient to grant the said petition: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows:

broken

front to be

I. The Municipal Council of the Township of Darlington, Township' shall have power at any time after the passing of this Act, to Council may pass a By-law authorizing such competent licensed Surveyor cause to be as they may appoint by such By-law to make a survey of the surveyed, and Broken Front Concession of the Township of Darlington, giving monuments to all lots an equal width and fixing stone monuments at the placed. front and rear of each lot; 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, usage, statute of limitations or otherwise to the contrary notwithstanding.

vey shall be

land not be

II. If any Action of Ejectment shall be brought against any Proceedings in person or persons who after the said lines shall be established case of action by virtue of this Act shall be found to have improved on land of of ejectment brought which such survey would deprive him, it shall and may be lawful against any for the Judge of Assize before whom such Action is tried, to direct person who the Jury to assess such damages for the defendant or defend- by such surants for any loss he or she or they may sustain in consequence found to have of any improvement made before the passing of this Act, and improved on also, to assess the value of the land to be recovered; and if a longing to verdict shall be found for the plaintiff or plaintiffs, no writ of him. possession shall issue until such plaintiff or plaintiffs have tendered or paid the amount of such damages as aforesaid, or shall have offered to release the said land to the defendant, provided the said defendant shall pay or tender to the plaintiff the value of the land so assessed before the fourth day of the ensuing term, and the defendant shall have failed so to pay or tender the same.

17

III.

Copy of survey

to Commis

III. Upon such survey being made, it shall be the duty of the to be furnished said Municipal Conncil to furnish to the Commissioner of Crown Lands a certified copy of the same and the field notes Crown Lands. and report thereof.

sioner of

Public Act.

IV. This Act shall be deemed a Public Act.

CAP. LXVIII.

Preamble.

Town of Sar

ated.

An Act to incorporate the Town of Sarnia, in the
County of Lambton.

[Assented to 19th June, 1856.]

HEREAS the inhabitants of Port Sarnia, in the County

of Lambton, have, by their Petition to the Legislature, represented that it is now the County Town of the said County of Lambton, and contains upwards of one thousand inhabitants, and that it is the wish of the Municipality of the Township of Sarnia, in which it lies, and of that of the County of Lambton, that it should be incorporated, and have prayed that it may be incorporated by the name of the Town of Sarnia; And whereas from the importance and rapidly increasing population of the said place, it is expedient to incorporate the same as prayed for, with the privileges and rights of an incorporated Town: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows:

I. The Town plot or tract of land now known as the Town! nia incorpor of Port Sarnia, and lying within the boundaries mentioned in the Schedule A to this Act, shall, upon, from and after the first day of January, in the year one thousand eight hundred and fifty-seven, be called and known as the Town of Sarnia, and shall be incorporated with the rights, powers and privileges of an incorporated Town.

Provisions U:

II. So much of the Upper Canada Municipal Corporations C. Municipal Acts as relates to incorporated Towns, shall, from and after Incorporations the day last aforesaid, apply to the said Town of Sarnia; and Acts to apply the said Town shall, as an incorporated Town, have and

to it.

exercise all and singular the rights, powers, privileges and jurisdiction which are thereby granted or conferred to or upon, or as shall by virtue of the said Acts, or of any other Act or Acts now in force or hereafter to be in force in Upper Canada, belong to incorporated Towns; and all the rules, regulations and enactments in the said. Acts or any of them contained, or which shall in any wise apply to incorporated Towns, shall apply to the said Town of Sarnia, as fully as if it had become an incorporated Town under the ordinary operation of the said Upper Canada Municipal Corporations Acts, with the exception hereinafter made.

ΙΠ.