CAP. XCIII. An Act to extend the provisions of the Insolvent Debtors' Act of Upper Canada, and for the relief of a certain class of persons therein mentioned. WH [Assented to 1st July, 1856.] WHEREAS there are many persons who, having been Preamble. Traders in Upper Canada, within the meaning of the Bankrupt Act, (passed in the seventh year of the reign of Her Majesty, chapter ten), either before or since the expiration thereof, have become insolvent, but by reason of such expiration have been unable to avail themselves of its benefits; And whereas these persons, from having been such Traders, are precluded from the benefit of the Insolvent Debtors' Act, (passed in the eighth year of the Reign of Her Majesty, chapter forty-eight); And whereas it is expedient to relieve such persons on their making a full surrender of their property for the benefit of their creditors: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: benefit of V. c. 48. I. All such Traders coming within the description above in Certain Tradthe preamble to this Act set forth, shall be entitled to avail ers to have the themselves of the benefit of the Act of this Province, passed in 8 the eighth year of the reign of Her Majesty, and intituled, An Act for the relief of Insolvent Debtors in Upper Canada, and for other purposes therein mentioned, on their taking the steps and proceedings therein set forth for obtaining their discharge. II. As to such persons, the order called the Final Order in Effect of the the said last mentioned Act, shall, in addition to its effect as set final order with respect forth in the fourth section of the said Act, operate as a discharge to such Tradof all debts or liabilities, due or contracted up to the time of the ers. presentment of the petition under the first section of the said Act, in each case respectively, as fully and completely, and to the same extent, as if such Trader had obtained a certificate under the fifty-ninth section of the said Act relating to Bankrupts. III. Provided always, that this Act shall apply only to Upper Act limited Canada. to U. C CAP. XCIV. An Act to alter and amend the Game Laws of Upper [Assented to 1st July, 1856.] HEREAS it is expedient to amend the law for the pre- Preamble. servation of Game and Wild Fowl in Upper Canada: Therefore, Her Majesty, by and with the advice and consent of the Time for killing Deer Turkey, Grouse, &c. Quail. Woodcock. Water Fowl. Certain Birds to be killed only with the gun. Penalty for having game at unlawful times. Prosecution of penalties. the Legislative Council and Assembly of Canada, enacts as follows: I. No Deer, Moose, Elk, Reindeer or Carriboo, shall be hunted, taken or killed, between the first of February and the first of August in any year. II. No wild Turkey, Grouse, Partridge or Pheasant, shall be hunted, taken or killed, between the first of March and the first of September in any year. III. No Quail shall be hunted, taken or killed, between the first of March and the first of October in any year. IV. No Woodcock shall be hunted, taken or killed, between the first of March and the first of July in any year. V. No wild Swan, Goose, or Duck of the kinds known as the Mallard, Grey Duck, Black Duck, Wood Duck, or any of the kinds of Duck known as Teal, shall be hunted, taken or killed, between the fifteenth of April and the first of August in any year. VI. No wild Turkey, Grouse, Partridge or Pheasant, Quail or Woodcock, shall be trapped or taken by means of traps, nets, springes or other means of taking such birds other than by shooting, at any time whatever; nor shall any trap, net or snare be made, erected or set, either wholly or in part for the purpose of such trapping or taking. VII. No person shall have in possession any of the animals or birds hereinbefore mentioned, within the periods above prohibited, without lawful excuse, the proof whereof to be on the party charged. VIII. Any offence against any provision of this Act shall be and recovery punished, on conviction before a Justice of the Peace, by a fine not exceeding five pounds nor less than five shillings in the discretion of such Justice, with costs, or in default of payment, Application. by imprisonment for a term not exceeding one month; one half of such fine to go to the Municipality, and half to the Informer. Repeal of 7 V. c. 12. 8 V. c. 46. 14 & 15 V. c. 61. IX. The following Acts, that is to say, the Act passed in the seventh year of Her Majesty's Reign, and chaptered twelve, the Act passed in the eighth year of Her Majesty's Reign, and chaptered forty-six,-the Act passed in the Session held in the fourteenth and fifteenth years of Her Majesty's Reign, and 16 V. c. 171, chaptered sixty-one,-and the Act passed in the sixteenth year of Her Majesty's Reign, and chaptered one hundred and seventyone, and all Acts or parts of Acts inconsistent with the provisions of this Act, are hereby repealed. &c. Exemption. Applies to X. This Act shall not apply to Indians. XI. This Act shall apply only to Upper Canada. CAP. CAP. XCV. An Act to provide for the separation of the County of Victoria from the County of Peterborough, and to fix the County Town at Lindsay. [Assented to 1st July, 1856.] WHEREAS a great number of the Inhabitants of the several Preamble. Townships and places in the County of Victoria have by their Petition, prayed that the said County of Victoria, now united to the County of Peterborough, 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 Peterborough, 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: and Victoria may cause a taken on the I. It shall be lawful for the County Council of the United Council of Counties of Peterborough and Victoria, whenever they shall re- Peterborough ceive petitions from a majority of the Township Councils in on receiving the said County of Victoria, in favor of a dissolution of the said petitions to Union, to appoint some convenient day in the month of January that effect, of any succeeding year, for the purpose of taking a vote of the vote of the rate-payers of the said several Townships composing the said Rate-payers of County of Victoria, upon the question of such dissolution, which Victoria to be said vote shall be taken at the same places, in the same manner, question of a and by the same officers, as votes are taken for the election of dissolution. Councillors, and shall be recorded in books prepared for that purpose, each voter in favor of such dissolution voting "Yea," and each voter against such dissolution voting" Nay;" at least ten days' notice of the time appointed for taking the said vote being previously given in at least ten public places in each Municipality. return Poll II. The Returning officers to take such votes for the respec- Returning tive Townships shall, within ten days thereafter, return their Officers to Poll Books verified under oath, to the Clerk of the County books to Clerk Council, who shall publish and declare the result of the same of County for the information of all concerned; and if it shall appear that shall declare Council, who a majority of all the rate-payers voting at the said polling, have the result. recorded their yotes in favor of the said dissolution, then the Provisional Town Reeves and Deputy Town Reeves of the several Town- Council formships in the said County of Victoria, as the same is described ed if the majority of votes and limited in and by the Act passed in the Session held in the be yea fourteenth and fifteenth years of Her Majesty's Reign, and in. 14 & 15 V. tituled, An Act to make certain alterations in the Territorial c. 5. Divisions of Upper Canada, shall form a Provisional Munici pal Council for the said County, and shall with respect to the Its powers to be as under 12 V. c. 78, &c. said County, have, possess and exercise, all and singular the rights, powers, privileges and duties conferred, granted or imposed by the Act passed in the twelfth year of Her Majesty's Reign, and intituled, An Act for abolishing the Territorial Division of Upper Canada into Districts, and for providing for temporary Unions of Counties for Judicial and other purposes, and for the future dissolution of such Unions as the increase of wealth and population may require, upon Provisional Municipal Cour cils 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 fores Power to pur- in Upper Canada; and such Provisional Council shall and may so soon as they shall think fit so to do, purchase or otherwis procure the necessary property at the Town of Lindsay, which is hereby declared to be the County Town of the said County of Victoria, and proceed to erect the necessary public buildings on such property; and all the provisions of the Act last above cit shall apply to the said Provisional Municipal Council and tu the said County of Victoria. chase the requisite lands in Lindsay, which shall be the County Town. Proclamation when the re County Offi cers to be appointed. III. So soon as the Court House and Gaol of the said County and dissolution shall be erected and completed at the Town of Lindsay afore quisite build- said, according to the provisions of the fifteenth section of the ings are erect- said lastly in part recited Act, and the other provisions of the ed at Lindsay. said fifteenth section shall have been complied with by the sai County, it 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 lastly in part recited Act, and by Order in Council to issue a Proclamation dissolving the union between, the said County of Victoria and the said County Peterborough, from the date to be mentioned in such Procla mation and all the provisions of the said lastly in part recited Act, or of any other Act or law in force in Upper Canada applicable to Counties on and after their being separated from other Counties, shall apply to the said Counties of Peterborough and Victoria respectively. First meeting Council. Notice. IV. The said Provisional Council shall first meet at the said of Provisional Town of Lindsay, and a notice of such meeting shall be pub lished in some newspaper published within the said County c Victoria or in some adjoining County, and a copy of such notice sent by mail or otherwise to each member of such Provisiona Council, at least eight days before the day appointed for suc meeting, by the Warden of the said United Counties of Peterborough and Victoria; or if such meeting should fail on the said day, a meeting may be called in like manner for another day. Failure of meeting. Warden to son to preside V. The said Warden of the United Counties of Peterborough appoint a per- and Victoria shall, by a warrant under his hand and seal, a until election point one of the Town Reeves or Deputy Town Reeves of the said County of Victoria, to preside at the first meeting of the said Provisional Municipal Council until a Provisional Warden of Provisional shall be elected by such Provisional Municipal Council. VI. This Act shall be deemed to be a Public Act. CAP. XCVI. An Act to settle the Northern Boundary Line of the [Assented to 1st July, 1856.] Warden. Public Act. HEREAS the Concession Line now forming the northern Preamble. limit of the liberties of the City of Toronto, (being the allowance for road between the Park Lots and the second Concession in the Township of York,) has been found to diverge from the proper course, and the Common Council of the City of Toronto caused the same to be made straight, and expended a large sum of money in turnpiking and otherwise improving the said line of road and in building stone culverts thereon, and after such expenditure was made it was discovered that the said line in the original survey thereof had been either through carelessness or inadvertence run irregularly and crookedly, by means whereof the line of road upon which such expenditure was made is without the liberties of the said City, and the Mayor, Aldermen and Commonalty of the City of Toronto have no power to retain possession thereof or arrange with the owners and proprietors or others interested in the land so taken in the straightening of the said road for the value thereof or for damages claimed by them; And whereas it is expedient that authority be given to the Mayor, Aldermen and Commonalty of the City of Toronto, to straighten the said road and to arrange with the said proprietors or owners of land necessarily taken for that purpose, or other persons interested therein, and that such straight line should be made the northern boundary of the said City of Toronto: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: be the northen I. From and after the passing of this Act the said Concession The Line as Line so straightened as aforesaid shall be taken to be and shall straightened to be the northerly boundary line of the liberties of the said City boundary of of Toronto; and all the land lying between the line so Toronto: and straightened and the line as originally run, together with the the land gainland contained within the said original line, shall be vested in Corporation. the Mayor, Aldermen and Commonalty of the City of Toronto for the purposes hereinafter mentioned. ed vested in II. All claims for compensation to parties whose property Settlement of shall be taken by virtue of the preceding section, shall be claims of persettled and adjusted by arbitration in the manner prescribed by land. sons losing the thirty-third section of the Act passed in the sixteenth year of |