CAP. XXXVIII. An Act to confirm and make valid certain Official Acts in the Offices of Registrar, Clerk of the Peace, Clerk of the District Court, and Registrar of the Surrogate Court, in and for the District of Ottawa. [9th December, 1843.] W Preamble. HEREAS the late Richard Phillips Hotham, Esquire, departed this life while absent from this Province, on or about the tenth day of October, in the year of our Lord one thousand eight hundred and forty, he holding at that time the offices and appointments of Registrar for the Counties of Prescott and Russell, Clerk of the Peace for the Ottawa District, Clerk of the Ottawa District Court, and Registrar of the Surrogate Court of the said District; And whereas Donald McDonald, of Fort William, who, at the time aforesaid, held the appointment of Deputy of the said Richard Phillips Hotham in the said several offices, hath performed sundry Official Acts under colour of his authority as such Deputy, after the decease of his said Principal, which for the quiet and security of Her Majesty's liege subjects in the said District and elsewhere, it is expedient and necessary to confirm and make valid; 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, that all the Official Acts and Deeds done and performed by the said Donald McDonald, under colour of his said authority as the Deputy of the said Richard Phillips Hotham, Donald deceased, in the above mentioned offices, respectively, from the day of the decease of the said Richard Phillips Hotham, until his successors in the said offices assumed the duties thereof, respectively, shall be and the same are hereby confirmed and made valid in like manner, and to the extent as if the authority of the said Donald McDonald, as such Deputy as aforesaid, had not until then determined. II. And be it enacted, that it shall and may be lawful for the said Donald McDonald to receive to his own use, all legal and customary fees and charges for all official services which he may have performed during the said period, acting as aforesaid in the said offices. Official Acts of Donald Mc firmed. con CAP. CAP. XXXIX. Preamble. The Township of Hawkesbury divided into two Townships. Preamble. AnAct to divide the Township of Hawkesbury, in the Ottawa District, WH HEREAS the Inhabitants of the Township of Hawkesbury, in the Ottawa District, have, by their Petition to the Legislature, represented, that by reason of the extent and the peculiar local circumstances of the said Township, it would be of advantage that the same should be divided into two Townships in the manner hereinafter mentioned, and it is expedient to grant the prayer of the said Petitioners; 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, 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, that the said Township of Hawkesbury shall be and is hereby divided for all purposes whatsoever, into two Townships, the one to be called the Township of East Hawkesbury, and the other to be called the Township of West Hawkesbury; and the said Township of East Hawkesbury shall include and consist of all that part of the present Township of Hawkesbury lying between the Eastern boundary thereof and the Western line of the Lots Number Thirty-Seven in each of the Concessions from the River Ottawa to the rear Line of the said Township; and the remainder of the said Township shall form the said Township of West Hawkesbury. CAP XL. An Act to amend the Act relating to the Boundary Line between the WH [9th December, 1843.] HEREAS doubts have arisen as to the true construction of certain parts of the Act of the Legislature of the late Province of Upper Canada, passed in the fifty-sixth year of the Reign of his late Majesty, King George the Third, and intituled, An Act to grant and form a new District out of certain parts of the Home and Niagara Districts, to be called the District of Gore, which relate to the Boundary Line between the Districts of Niagara and Gore, and it is expedient to re move such doubts by defining more accurately the said Boundary Line; 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, 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, that the present Division Line between the Townships of Oneida and Seneca, in the District of Niagara, and the Townships of Tuscarora and Onondaga, in the District of Gore, shall form and be a part of the Boundary Line between the said District of Niagara and the said District of Gore; any thing in the Act cited in the Preamble to this Act, to the contrary notwithstanding. CAP. XLI. An Act to declare a debt contracted by the Committee of Magistrates of the Johnstown District, to enable them to complete the new Gaol and Court House of said District, to be a debt payable by the District Council. WHE [9th December, 1843.] HEREAS the Building Committee or persons appointed by the Justices of the Peace of the District of Johnstown, to contract in the name and on the behalf of the Inhabitants of the said District, for the building of a Gaol and Court House, and to superintend the same, under an Act of the Parliament of the late Province of Upper Canada, passed in the first year of Her Majesty's Reign, and intituled, An Act to authorize the erection of a Gaol and Court House at Brockville, in the District of Johnstown, have by their Petition represented that the said Gaol and Court House are now completed, and that in order to complete the same according to the plan approved by the Commissioners, appointed under the Act of the said Parliament, passed in the first year of Her Majesty's Reign, and intituled, An Act to regulate the future erection of Gaols in this Province, they have been obliged to expend a sum exceeding the sum of seven thousand five hundred pounds mentioned in the Act first above cited, and to raise money by loans in order to meet such expenditure, and have prayed that provision be made for the payment of the debts so by them contracted: And whereas it is right that the said debts, if found to have been contracted for the benefit of the said District, should be assumed by the District Council and paid out of the funds thereof; Be it therefore enacted, by the Queen's Most Excellent Majesty, by and Council of the assume certain debts contracted by the mittee for the Building Comnew Gaol and 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, intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted The District by the authority of the same, that all debts legally contracted by the said Building Committee for the purpose of raising money to enable them to complete the District may said Gaol and Court House according to the plan so approved as aforesaid, and not exceeding in the whole the sum of one thousand pounds, currency, over and above the sum of seven thousand five hundred pounds mentioned in the Act herein first above cited, shall be and are hereby declared to be debts which may be lawfully assumed by the District Council of the said District of Johnstown, and paid out of the funds of the District, and being so assumed shall be deemed to form part of the third charge upon the funds, mentioned in the fifty-ninth section of the Act of the Parliament of the Province of Canada, passed in the Session held in the fourth and fifth years of Her Majesty's Reign, and intituled, An Act Act of Cana- to provide for the better internal Government of that part of this Province which formerly constituted the Province of Upper Canada, by the establishment of Local or Municipal Authorities therein: Provided always, that the due application of all the Monies borrowed and expended by the said Building Committee, shall be accounted for in the same manner as if the borrowing and expenditure thereof had been authorized by the Act herein first above cited. Court House. da 4 & 5 V. c. 10. Proviso. Preamble. CAP. XLII. An Act for better defining and establishing the Eastern boundary line of the third Concession of the Township of Cornwall, in the Eastern District. WH [9th December, 1843.] HEREAS doubts have arisen as to the correctness of the original Survey of the Township of Cornwall, or parts thereof, owing to the effect of extraordinary local attraction on the compass, or great carelessness of the Surveyor, or both, at the Eastern or governing boundary line of this Township in the third Concession, by which a very great turn or bend is made in the line, inclining it very much to the East; And whereas a straight line, joining the front and rear angles of this Concession at the Eastern boundary, bears almost two degrees more easterly than the side lines of the other Concessions of this Township, as is shewn by a Survey recently made by order of the Boundary Line Commissioners, who have established stone monuments at the angles of the different Concessions of the Township, and most of the inhabitants of the said third Concession having settled in the rear thereof, where all their clearings and improvements now exist; And whereas it would be ruinous to the said inhabitants of the third Concession, should the side lines in the said third Concession, be run according to the course of its eastern or governing boundary (namely two degrees more easterly) than the course of the lines formerly laid down, and it would cause the utmost loss, inconvenience and confusion by moving the roads and throwing the barns, orchards, houses and fences of each person upon his neighbour; And whereas it appears that most of the Surveyors who have run lines in the said third Concession of Cornwall, have run them according to the line ran by the Surveyor, Jeremiah M'Carthy, at the Eastern Boundary; Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and 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, that the line run by Jeremiah M'Carthy, dividing the third Concession of Cornwall from the St. Regis Indian Reservation, is and shall be the Eastern and governing line of the said third Concession of the Township of Cornwall, and all side lines in the said Concession shall be governed thereby; any law, usage or custom to the contrary in anywise notwithstanding. The line run by Jeremiah McCarthy to be the governing line of the cession of Cornwall. said third Con CAP. XLIII. W An Act to Naturalize Cyprian Morgan and others. [9th December, 1843.] HEREAS Cyprian Morgan, of the Township of Yonge, in the District of Johnstown, Farmer; the Reverend Abijah Blanchard, of the Township of Pelham, in the District of Niagara, Presbyterian Minister; John F. A. S. Fayette, of the Town of Brantford, in the District of Gore, Presbyterian Minister; Albert G. Alexander, of the Township of Hamilton, in the District of Newcastle, Schoolmaster; Alexis Chandler, of the Township of Caledonia, in the District of Ottawa, Yeoman; Jacques Adrian Pierre Barbier, of the Town of Kingston, in the Midland District, Gentleman, and Euphrasie Barbier, his wife, have, by their respective Petitions in that behalf, represented their desire to establish their abode K K Preamble. |