NINTH PARLIAMENT. CHAP. XIV. 7th YEAR GEORGE IV. A. D. 1826. 83 a Plan thereof shall be furnished by the said Surveyor General to the Commissioners hereinafter named, and that in the said Plan or Survey, a tract or space, of not less than Four Acres, shall be designated as reserved Four acres to be refor the purposes of a Gaol and Court House within the said Town Plot. Court House. served for Gaol and Commissioners for es II And be it further enacted by the authority aforesaid, That the Honorable Thomas Talbot, Mahlon Burwell, James Hamilton, Charles Ingersol recting Gaol and and John Matthews, of Lobo, Esquires, shall be and they are hereby ap Court House. pointed Commissioners for the purpose of erecting, upon such reserved tract as aforesaid, a Good and Sufficient Gaol and Court House, of Brick or Stone, for the purposes of the said District, either in One or in Separate Buildings, as shall to them appear most expedient, and for Contracting for superintending and paying for the building and completion of the same. Funds to be raised by an additional assess III. And be it further enacted by the authority aforesaid, That in order to provide funds for the erection of the said buildings, it shall and may be lawful for the Justices of the Peace of the said District, in General Quar- ment. ter Sessions assembled, and they are hereby required to levy, by Assessment, to be made on each and every inhabitant house-holder in the said District, in the same manner and form as by Law any Assessment may now or hereafter be levied for any Public purpose in the said District, an Additional Rate of One-third of a Penny in the Pound, until the sum hereinafter authorized to be borrowed for defraying the expense of Erecting the said Gaol and Court House and all interest thereon shall be fully discharged. IV. And be it further enacted by the authority aforesaid, That the said Commissioners shall have power to raise, by Loan, at a rate of interest Loan of £4000 may not grater than six per cent, from such Person or Persons, Bodies, Politic be raised. or Corporate, as may be willing to lend the same, on the Credit of the District, a sum not exceeding Four Thousand Pounds, to be applied for the purposes herein-before mentioned, and not otherwise, and that the bond or agreement, under the hand and seal of the President of the said Board of Commissioners, to be appointed as hereinafter mentioned and expressed, to be given for the repayment of such Loan under the authority of this Act, shall constitute a debt and charge binding upon the Treasury of the said District, but not upon such President in his individual and personal capacity, and that the Treasurer of the said District, for ment of interest and the time being, shall annually, until the Loan so raised, with the interest re-payment of princiaccruing thereon, shall be paid and discharged, apply towards the payment of the same not less than Three Hundred and Fifiy Pounds from and out of the Rates and Assessments of the said District. V And be it further enacted by the authority aforesaid, That the said Commissioners, or a majority of them, shall meet at the Village of Saint Provision for pay pal. 84 First meeting of Commissioners. CHAP. XV. 7th. YEAR GEORGE IV. A. D. 1826.-SECOND SESSION Thomas, in the County of Middlesex, on the first Monday in the month of March, next, and shall then select a President and Vice President, one or other of whom shall preside at every meeting of such Commissioners at which any resolution shall be passed, or matter agreed upon, and that no act shall be binding which is not assented to by a majority of the said five Commissioners, including the President or Vice President. Preamble, CHAP. XV. AN ACT to authorize and establish a Re-survey of the Front of the Thirteenth [Passed 30th January, 1826.] WHEREAS, by an Act, passed in the Fifty Ninth year of the Reign, of His late Majesty King George the Third, intituled," An Act to Repeal an Ordinance of the Province of Quebec, passed in the Twenty Fifth year of His Majesty's Reign intituled,' An Ordinance concerning Land Surveyors and the Admeasurements of Lands,' and also, to extend the provi sions of an Act, passed in the Thirty Eighth year of His Majesty's Reign, intituled, An Act to ascertain and establish, on a permanent footing, the Boundary Lines of the different Townships of this Province, and further to regulate the manner in which Lands are hereafter to be Surveyed," an Erroneous Line, Surveyed by the late William Hambly, as the Front of the Thirteenth Concession, of the Township of Townsend, in the London District, of this Province, being the First Survey, would be established to the prejudice of the persons owning Lands in the Twelfth Concession of the said Township of Townsend And whereas the said Erroneous Survey has been fully examined, and reported to the Surveyor General's Office, by a Deputy Provincial Surveyor, in pursuance of special instructions to examine and report upon the same, and it is necessary to establish more correctly the Front of the Thirteenth Concession of the Township of Townsend aforesaid; Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Assembly of the Province of Upper Canada, constituted and assembled by virtue of, and under the authority of an Act passed in the Parliament of Great Britain, intituled, "An Act to repeal certain parts of an Act passed in the Fourteenth Year of His Majesty's Reign intituled an Act for making more effectual provision for the Government of the Province of Quebec in North America, and to make further provision for the Government of the said Province;"' and by the authority of the same, That Stone Monuments, or Monuments, of other durable materials, shall be placed as Governing Points, from The Front line of the which to correct the Front of the Thirteenth Concession of the Township Townsend how to be of Townsend aforesaid, so that a line from such Monument or Governing 13th Concession of NINTH PARLIAMENT CHAP. XV. 7th YEAR GEORGE IV. A. D. 1826. blished. 85 Points shall divide the said Twelfth and Thirteenth Concession equally, corrected and estaas nearly as may be done, which Monuments shall be placed and Survey corrected under the order of the Surveyor General of this Province, and Posts or Boundaries shall be placed along the said Line from such Monuments at proper distances for the Front Angles, to determine the width of the Lots in the Thirteenth Concession aforesaid. 1 standing any letters II. And be it further enacted by the authority aforesaid, That the course of the said Line, when so corrected as aforesaid, and the Distances, Boundaries and Monuments after the same shall be correctly ascertained When corrected to be and established in pursuance of this Act shall, on all occasions, be and confirmed, notwithbe taken to be, and to have been, the true Course, Distances and Boun- Patent. daries of such Concession Line and Lots respectively, whether the same do or do not, on actual measurement, coincide with the Course and Distances in any Letters Patent or Grant, or other instrument in respect of such Concession Line, Boundaries or Distances mentioned and expressed, any thing contained in the said Act passed in the Fifty eighth year of His late Majesty's Reign, to the contrary thereof is any wise notwithstanding. or 13th Concessions III. And be it further enacted by the authority aforesaid, That nothing in this Act shall invalidate, or be taken or construed to invalidate, annul, or Title to lands in 12th make void any such Letters Patent, Grant or Instrument affecting Lands of Townsend not to in either of the said Concessions, but that the same shall be as valid as if this Act had not been made. be affected. IV. And be it further enacted by the authority aforesaid, That it shall and may be lawful for the Governor, Lieutenat Governor, or Person Administering the Government, to direct the Surveyor General to order the said Surveyor General to Erroneous Line to be Surveyed and Corrected as aforesaid, and that direct the new survey such Line, so Corrected, for the Front of the said Thirteenth Concession, and the Posts and Boundaries which shall be placed on the same, to determine the width of Lots as aforesaid, shall be, and be taken to be, the True and Unalterable Concession Line and Boundaries respectively. required. breight. V. And be it further enacted by the authority aforesaid, That if any Action of Ejectment should be brought against any person or persons, who, Provision in case after the Front of the said Thirteenth Concession shall be so ascertained jectaments shall be or Corrected in pursuance of this Act, shall be found, in consequence of the aforesaid Erroneous Survey, to have Improved on Land not his, her, or their own, the like proceedings may be had, and the same relief shall be afforded, as is provided in the said Act in case any person or persons may be found, in consequence of a side Line having been unskilfully Surveyed, to have improved on Land not his, her, or their own. VI. And be it further enacted by the authority aforesaid, That nothing in this Act contained shall give any right, or be taken or construed to give Restraint of actions any right to any person or persons possessed of Lands by Gift, Devise, Infor unimproved lands, heritance; Purchase or Marriage, in the said Thirteenth Concession, to maintain any Action or Actions against any person or persons for or on account of any alteration occasioned by the passing of this Act, in the Limits of any Lot or Parcel of Land which shall be unimproved at the time of the passing thereof. in consequence of the intended re-survey. Preamble. CHAP. XVI. AN ACT to make provision for a Survey of the first second and third Concession of [Passed 30th January, 1826.] WHEREAS it is expedient to repeal the third and fourth clauses of an Act passed in the Fifty-ninth year of the Reign of George the Third, intituled, An Act to repeal an Ordinance of the Province of Quebec, passed in the Twenty-fifth year of His Majesty's Reign, intituled An Ordinance concerning Land Surveyors and the admeasurement of Lands, and also to extend the provisions of an Act passed in the Thirty eighth year of His Majesty's Reign, intituled, An Act to ascertain and establish, on a permanent footing, the Boundary Lines of the different Townships of this Province, and further to regulate the manner in which Lands are hereafter to be Surveyed, so far as they respect that part of the Second Concession of the Township of Fredericksburgh, in the Midland District, lying between the Eastern boundary of Lot Number Seventeen, and the Eastern boundary of Lot Number Twenty-five in the said Concession, and also that part of the Third Concession of the said Township, between the head of Hay Bay and the Eastern Boundary of Lot Number Twentyfive, in the last mentioned Concession: Be it therefore enacted, by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Assembly of the Province of Upper Canada constituted and assembled, by virtue of and under the authority of an Act passed in the Parliament of Great Britain, intituled, "An Act to repeal certain parts of an Act, påssed in the fourteenth year of His Majesty's Reign, intituled, An Act for making more effectual provision for the Government of the Province of Quebec in North America, and to make further provision for the Government of the said Province," and by the as respects a certain authority of the same, That the third and fourth clauses of the aforesaid part of Fredericks Act, shall be and the same are hereby repealed, so far as respects the aforesaid Tracts of Land. 56 Geo. 3. Ch. 14 sec. 3 & 4 repealed, so far burgh. II. And be it further enacted by the authority aforesaid, That the Eastern Boundary Line of the said Township, otherwise known as the Line be tween Lots Number Twenty-five and the Gore in the said Second and Third Concessions, shall be, and the same is hereby declared to be, the Course or Courses of the respective Division or Side Lines of Lots or Par- The course of the side cels lying in the aforesaid Tract of Land, and all Surveyors shall be, and are hereby required, to run all such Division or Side Lines of any of such Lots or Parcels of Land, which they may be called upon to Survey, to correspond with and be parallel to the aforesaid Eastern Boundary Line. III. And be it further enacted by the authority aforesaid, That every Licenced Surveyor, when, and as often as he may be employed to run any Side Line or Limit, between Lots or Lines in the said Tract, required to go lines declared. be run in such part of the same Course as the aforesaid Eastern Boundary Line, shall, if it How side lines shall has not been done before, or if it has been done, but the Course cannot Fredericksburgh in at such time be truly ascertained, determine by a true Meridian Line, or any new survey. some other infallible method, the true Course of a straight Line between the Front and Rear Angles on the Eastern Boundary of Lot Number Twenty-five, in that Concession in which the Land is to be Surveyed, may be, and shall run such Line or Lines as aforesaid, truly parallel to such Course, which is hereby declared and shall at all times be deemed and taken to be the true Course of such Lines. A re-survey to be IV. And Whereas, it is expedient to make provision for a Survey of the First, Second and Third Concession of that part of the said Fredericksburgh generally known as Fredericksburgh original, and also of the whole of that part of the said Fredericksburgh generally known as Fredericks- made of certain parts burgh additional: Be it therefore enacted by the authority aforesaid, That it of Fredericksburgh shall and may be lawful for the Justices of the Peace, serving for the and Monuments plav Division within which the said Concessions are situated, or a majority of ced. them, and they are hereby authorised and required, at a special Session to be by them held on the first Saturday in March in each and every year, or at any adjourned Session, for the purpose of carrying this Act. into effect, to receive proposals from, and contract with, taking and demanding Security as they may think expedient, any Licenced Surveyor to erect Monuments and to establish Boundaries for any or all the Concessions or Lots in the last mentioned Tracts of Land, or for the actual Survey of any or of all of the aforesaid Concession Lines, either in Front or Rear of the said Concessions, and also for the actual Survey of the whole or any number of the said Lines or Limits between Lots or Parcels of Land in each or every of the aforesaid Coneessions, which Survey shall be as near as can be ascertained according to the original Survey of such Concession, and to levy a proportionate Tax, which said Tax shall be appropriated and levied agreeable to the request of the inhabitants of such Concession, to be made in a manner and form as shall be hereafter provided on the several Lots or Parcels of Land in such Con- be defrayed cession for the payment of such Surveyor, and also for a Collector, as hereinafter mentioned, and to issue their Warrant or Warrants to a How the expense shall |