Act to be a public Act.

tioned, before their passage over the said Bridge shall be permitted, the following Tolls, and no greater, shall be taken before such passage be permitted; that is to say, for each four wheeled coach, loaded or unloaded, with the driver and four persons or less, drawn by two or more horses or other beasts of draught, nine pence, currency; for each wagon or other four wheeled carriage, loaded or not loaded, with the driver and four persons or less, drawn by one or by two horses, or other beasts of draught, six pence, currency; for each chaise, calash, chair with two wheels, or carriole, or other such carriage, loaded or unloaded, with the driver and two persons or less, drawn by two horses or other beasts of draught, five pence, currency; but in all other cases the Tolls fixed by the said Act shall be those to be taken in like cases, under the authority of this Act.

IV. And be it enacted, that this Act shall be deemed a public Act, and shall be judicially noticed as such by all Judges, Justices and others whomsoever, without being specially pleaded.

CAP. LVII.

Preamble

An Act to amend the Act Incorporating the Tay Navigation Com[9th December, 1843.]

pany.

WH

HEREAS, by reason of the great delays which have occurred in obtaining the awards of Arbitrators in cases of disagreement between the Tay Navigation Company and the parties to whom the said Company is bound to make compensation for damages occasioned by their operations under the Act hereinafter mentioned, it is expedient to amend the said Act by repealing so much thereof as requires such arbitration before such damages can be assessed by a Jury; 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 Certain parts is hereby enacted by the authority of the same, that so much of the fifteenth, UpperCanada, sixteenth, seventeenth, and twenty-sixth sections, or of any other part of the Act of the Legislature of the late Province of Upper Canada, passed in the first year of the Reign of His late Majesty King William the Fourth, and intituled, An Act to incorporate certain persons therein mentioned, under the style and title of the Tay Navigation Company, as makes it necessary that an award of Arbitra

of the Act of

W. 4, c. 10,

repealed.

tors

tors should be made, before the compensation to be paid to any party for property taken or damage done by the said Company in carrying into effect the powers granted them by the said Act, can be assessed by a Jury in the manner therein provided, shall be and so much of the said Act is hereby repealed; and from and after the passing of this Act, if any party shall be entitled to or claim compensation from the said Company for any such damages as aforesaid, it shall be lawful for such party or for the said Company, without any previous award of arbitrators, to serve a notice on the other party in the manner provided by the seventeenth section of the said Act, as either party might have done without this Act, if such award had been first obtained; and after such notice all other proceedings shall be had, and the compensation shall be assessed by a Jury, in the

Damages may

be assessed viously obtaining an award

without pre

of Arbitrators.

manner by the said Act provided, and with the same effect to all intents and Proviso,-as purposes whatsoever: Provided always, that the expense of causing such com- to the expenses pensation to be assessed as aforesaid, shall be paid by the said Company, un- of the proceedless, before the service of the notice above mentioned, they shall have tender- ing. ed as such compensation, a sum equal to or greater than that assessed by the Jury; anything in the said Act to the contrary notwithstanding.

CAP. LVIII.

An Act to authorize the Court of Queen's Bench and the High Court of Chancery, at their discretion, to admit Samuel Bealey Harrison to practise as an Attorney and Solicitor thereof, respectively.

[9th December, 1843.]

WHEREAS the Honorable Samuel Bealey Harrison, of the Town of

W Kingston, Barrister at Law, hath by his Petition represented, that he was

called to the Bar by the Honorable the Society of the Middle Temple, in England, and hath been duly admitted as a Barrister in all the Courts of Upper Canada, and the said Petitioner hath prayed that the High Court of Chancery in this Province, and the Court of Queen's Bench for Upper Canada, may be authorized in their discretion to admit him to practise as a Solicitor and as an Attorney in the said Courts, respectively; And whereas it is expedient to grant the prayer of the said Petition; 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

Proamble.

The Court of enacted by the authority of the same, that it shall be lawful for the High Court Chancery and the Court of of Chancery in this Province, in its discretion, to admit the said Samuel Bealey Q, B. for Up- Harrison to practise as a Solicitor in the said Court, and for the Court of Queen's Bench for Upper Canada, in its discretion, to admit him as an Attorney of the said last named Court; any law, usage or custom to the contrary notwithstanding.

per Canada may in their

discretion

ad

mit S. B. Harrison as a Solicitor and At torney therein.

CAP. LIX.

Preamble.

An Act to authorize the Chairman of the Committee of the Canada Inland Forwarding and Insurance Company to sue for and recover debts due to the Company.

WH

[9th December, 1843.]

HEREAS, on the twenty-second day of January, one thousand eight hundred and thirty-three, by articles of Association, bearing date at Montreal, on the last mentioned day, certain persons did associate themselves together by a limited copartnership for the purpose of carrying on the Forwarding Business, and insuring Boats, and Vessels, and Goods, and Produce laden therein, upon all or any of the inland waters of Upper or Lower Canada, and for other purposes, in the said articles of Association set forth, by and under the name and style of the "Canada Inland Forwarding and Insurance Company": And whereas the said Company did accordingly, in conformity with the said articles of Association, use, exercise and carry on the said trade and business, in the course whereof large sums of money became due and owing to them by and from various persons, with whom the said Company had dealings, and likewise by and from certain office-holders in the said Company, and do still so remain, to the recovery whereof certain difficulties and legal impediments do exist: And whereas it is expedient that these impediments and difficulties should be removed, and that in conformity with the said articles of Association, the Chairman, for the time being of each of the Committees of the said Company should be empowered to sue and be sued ; and to collect and recover all debts to the said Company due and owing, and to enforce all and every the claims against the several and respective officers thereof, and all other persons whomsoever; 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

the authority of the same, that from and after the passing of this Act, it shall be lawful for the Honorable Adam Ferrie, of the City of Montreal, Esquire, Merchant, in his capacity of Chairman of one of the said Committees duly appointed, according to the terms of the said articles of Association, and for his successors in office, to be hereafter in like manner duly appointed, to sue and be sued, plead and be impleaded, answer and be answered unto, in all Courts and places, and in all actions and complaints whatsoever, according to the terms, intent and meaning of, and for all and every the purposes set forth and mentioned in the said articles of Association, for which the Chairman, for the time being is, by the said articles of Association, empowered to act, and that any judgment rendered against such Chairman acting as aforesaid, shall be deemed to be a judgment binding against the members of the said Company, and upon which execution may issue against all or any of the members of the said Company, as upon a judgment against him or them in his or their private capacity.

This Act to

II. And be it enacted, that this Act shall be deemed a Public Act, and as such shall be judicially noticed by all Judges and Justices of the Peace, and all Act, and to be other persons whomsoever, without being specially pleaded.

be a Public noticed accordingly.

CAP. LX.

An Act to amend the Charter of the Cataraqui Bridge Company.

W

[9th December, 1843.]

WHEREAS a certain Act was passed by the Legislature of the late Province of Upper Canada, in the eighth year of the Reign of His late Majesty, King George the Fourth, and intituled, An Act to incorporate certain persons therein mentioned, under the style and title of The Cataraqui Bridge Company; And whereas the said Act of Incorporation is in several respects incomplete, and the said Bridge being nearly worn out, and a new one about to be erected, it is expedient to alter and amend certain Sections of the said Act; 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 the Toll-keeper, or the person appointed to receive the Tolls at the said Cataraqui Bridge, shall hereafter open the Draw-bridge, which,

by

by the third section of the said Act, the said Company are bound to construct for all vessels demanding passage through the same, and for every neglect or refusal, the said Toll-keeper or person appointed to receive the Tolls, shall forfeit and pay to the party so detained, the sum of twenty five shillings, currency.

II. And be it enacted, that so much of the tenth section of the said Act, as reNotices calling General quires that notices for annual meetings be advertised in all the several newspapers Meetings of the Company, in the Town of Kingston, shall be and is hereby repealed, and that henceforhow to be ad- ward notice in the Canada Gazette, or one other newspaper of the said town, shall be sufficient for calling any public meeting of the said Cataraqui Bridge Company.

vertized.

Under what authority of

III. And be it enacted, that so much of the twenty-fourth section of the said fenders against Act, as relates to the levying of fines for offences against the said Act, and the said Act refers the Magistrate in such cases for authority to the fifth section thereof, shall shall be prose- be and is hereby repealed; and that henceforward, the provisions set forth in the sixth section of the said Act, shall be the authority under which the Magistrate shall act in all manner of things relating to such offences.

cuted.

Preamble.

CAP. LXI.

An Act to alter and amend the Act of Incorporation of the Kingston
Marine Railway Company.

W

[9th December, 1843.]

HEREAS the Kingston Marine Railway Company have, by their Petition, prayed for certain amendments in the Act of the Legislature of the Province of Upper Canada incorporating them hereinafter mentioned, and whereas it is expedient to grant the same; 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 Great Britain and Ireland, intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and Marine it is hereby enacted by the authority of the same, that the Corporation known Railway powered to by the name of the Kingston Marine Railway Company, established by an Act of the late Province of Upper Canada, passed in the first year of Her Majesty's Reign, and intituled, An Act to incorporate sundry persons under the name of The Kingston Marine Railway Company, are hereby authorized and empowered, and shall be by law capable of purchasing, having and holding to them and their suc

ston

The King

em

take, hold and

depart with

Real Estate, to

& limited 8.

mount in yearly value.

cessors,