CII A P. XIII. An Act granting RELIEF to CHARLOTTE OVERHOLT. [Private.] CHA P. XIV. An Act to extend the LIMITS of the TOWN of NIAGARA, in the DISTRICT of NIAGARA. [Passed 22d March, 1816.] THEREAS it appears expedient and necessary from various circumstances to extend the Limits of the Town of Niagara, in the District of Niagara, 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 all that Tract of Land lying and being situate within the following described boundaries, be and is hereby declared to be the Town of Niagara, videlicit, commencing at Massessagua Point, thence westerly along Lake Ontario to Crookston, thence along the rear or Town line of Niagara to the Black Swamp Road, thence along the Eastern limit of the Lands of the late Thomas Butler, Esquire, deceased, and the Lands of Garrit Slingerland to the North West angle of the Lands of John Eccleston, thence Easterly to where the Lands of William Dickson, Esquire, and the late Martin M-Lennon, deceased, come in contact, thence East along the Northern Boundary of the Lands of the said Martin M'Lennon, deceased, to the River Niaga, thence Northerly down said Niagara River to the place of. beginning. CHA P. XV. An Act to provide for the CONTINGENT EXPENCES of BOTH HOUSES of PARLIAMENT during the last Session, and for other purposes therein mentioned. CHA P.. CHAP. XVI. An Act to afford RELIEF to Persons holding or possessing LANDS, TENEMENTS or HERE W [Passed 22d March, 1816. THEREAS, many Deeds, Conveyances, Wills, Mortgages, Leases, and other Mesne Conveyances, affecting certain Lands, Tenements and Heraditaments within the District of Niagara, and the Memorials of other Deeds, Conveyances, Wills, Mortgages, Leases, and other Mesne Conveyances, affecting other Lands, Tenements and Heraditaments within the said District, and also the books wherein such Memorials were enregistered, pursuant to the provisions of an Act passed in the thirty-fifth year of His Majesty's Reign, entitled, "An Act for the public Registering of Deeds, Conveyances, Wills and other Incumbrances which shall be made or may affect any Lands, Tenements and Hereditaments within this Province, were during the late war with the United States of America, taken, burnt, lost or destroyed, to the great damage of His Majesty's liege subjects in this Province, and whereas it is necessary to the peace and quiet of His Majesty's said subjects to the maintaining them on their Estates, Rights and Possessions, and their protection against fraudulent Conveyances of such Lands, Tenements and Hereditaments, That remedy be therefore provided, may it therefore please Your Majesty that it be enacted, and Be it 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 it shall and may be lawful to and for the Governor, Lieutenant Governor, or Person administering the Government of this Province, for the time being, from time to time, and at any time within two years from and after the passing of this Act, to issue one or more Commission or Commissions, under the Great Seal of this Province, directed to any five fit and discreet persons, which said Commissioners, or any three of them, shall have full power and authority to enquire of such Deed, Conveyance, Will, Mortgage, Lease, or other Mesne Incumbrance affecting any Lands, Tenements, or Hereditaments, within the said District, so taken, burnt, lost, or destroyed, as aforesaid, and to take and receive proof and evidence thereof, and thereupon to proceed in manner hereinafter directed. II. And be it further enacted by the authority aforesaid, That if any person or persons who is or are possessed or seized of and in any Lands, Tenements, or Hereditaments within the said District, who shall, so as aforesaid, oath before said Com.' Counties of Lincoln and ter of the Surrogate Deed, &c. shall produce from the Register of the be provided in manner and shall on such copy entry, which, with the & shall be good evi appear. have lost the Deed, Conveyance, Will, Mortgage, Lease, or other Mesne claim and shall make Conveyance, under which he, she, or they shall claim, and shall thereof missioners that in such make oath or affirm before the said Commissioners or any three of them, case if a Memorial, &c. which oath or affirmation they are hereby empowered to take and administer, Register's office of the that then and in such case if a Memorial, Record, or Probate of such Deed, Haldimand, in said DisConveyance, Will, Mortgage, Lease, or other Mesne Conveyance, shall be trict, or in the Regis found in the Register Office of the Counties of Lincoln and Haldimand, in Court thereof, the parthe said District, or in the Office of the Register of the Surrogate Court ty claiming under such thereof, the party claiming under such Deed, Conveyance, Will, Mortgage, an attest an attested copy of Lease, or other Mesne Conveyance, shall produce an attested copy of such such Memorial, &c. Memorial, Record, or Probate, from the Register of the said Offices said offices respectively respecting to the said Commissioners, which said Commissioners, the same to said Commissioners attested copy shall cause to be transcribed, entered, and recorded, in a shall cause to be tran book or books to be provided in a manner herein after mentioned, and shall scribed in a book to on such copy cause to be endorsed a Certificate of such Entry and Record, herein after mentioned, and such copy so endorsed, or the Entry or Record thereof so made, to- cause to be endorsed gether with the actual possession of the party claiming under such Deed, a Certificate of such Conveyance, Will, Mortgage, Lease, or other Mesne Conveyance, shall be possession of the elnits held, deemed, esteemed, and taken in Law to be good evidence of the ant under such Deed, Title in the party claiming, until better evidence shall appear, Provided dence of bis title, until nevertheless, That when any person or persons shall so as aforesaid, have better evidence shall lost the Deed, Conveyance, Will, Mortgage, Lease, or other Mesne Conveyance, under which he, she, or they may claim any such Lands, Tenements, or Hereditaments, whereof no Memorial, Record, or Probate can be found in such Offices as aforesaid, and the party claiming make oath or affirm before the said Commissioners, or any three of them, which oath or affirmation, they are hereby empowered to administer and take, that the Deed, Conveyance, Will, Mortgage, Lease, or other Mesne Conveyance, under which he, she, or they claim, hath been bona fide lost or destroyed, and shall by other testimony or evidence prove that he, she, his, her, or their ancestor, or other person under whom he, she, or they shall claim, have been in the actual, undisturbed, and peaceable possession of the Lands, Tenements, or Hereditaments, claimed by and for the space of three years then next before, or shall by the witness or witnesses to such Deed, Conveyance, Will, Mortgage, Lease, or other Mesne Conveyance, or other parole or written evidence, prove the substance, matter, import, and effect thereof, that then and in such case, the said Commissioners, or any three of them, the said matter, evidence, and proof shall cause to be made an Entry of, set down in writing, and recorded in such book or books, as aforesaid, the description of the Lands claimed, the name of the Township and County wherein situated, and the name, addition, and place of abode of the party claiming the same, which said Entry and Record so made by the said Commissioners, or an attested copy thereof, shall be held, deemed, esteemed, and taken in Law, as good evidence of Title in the party claiming, until better evidence shall appear, Provided also, That such Entry and Such entry and reRecord, or copy thereof, shall not be taken, held, or construed to extend bar him, &c. who at the to bar him, her, or them, or the licirs of him, her, or them, who at the time time of making thereof of making thereof had better Title; but every such other person or per- every person, &c. re sons and his, her, or their heirs, then living and residing within this Pro- siding within this Pro have lost the Deed, &c. whereof no record can oath before said Com Any person who shall under which he may claim sun lands, &c. be found in such offices as aforesaid, and make missioners that the Deed, &c. hath been he has been in the actal possession of the years, or shall by the witnesses to such Deed, &c. prove the substance thereof, the said Comto be made an entry in such books as afore bona fide lost, and that lands claimed, for three missioners shall cause said. cord not to extend to had better titic, but vince, may, within 7 pursue his title at Law, evidence to bar him, right. years after such entry, vince, may at any time within seven years after making such Entry and notwithstanding such Record, have, pursue, and prosecute his, her, or their Title at Law, notentry shall be given in withsanding such Entry and Record, which shall not be given in evidence that at the time of mak- to bar him, her, or them, or the heirs of him, her, or them, that at the time ing thereof had better of making thereof had better right, and who shall pursue the same within the time aforesaid, saving also to infants, persons of non-sane memory, femes coverts, and persons beyond the seas, or residing without this Province, the right of so pursuing and prosecuting their Title at Law, at any time within three years next after they shall become of full age, of sane memory, non-covert, or shall come into this Province. Commissioners to provide books of re Also, to nominate a Clerk to said Commis sion. Duty of said Clerk. Oath of said Clerk. III. And be it further enacted by the authority aforesaid, That the said cord, wherein to set Commissioners or any three of them shall provide fit and sufficient books down all proceedings. of Record wherein to set down, enter and Record all proceedings had before them in the execution of the said Commission, and shall have full power and authority to nominate and appoint some fit and proper person to be Clerk or Secretary of the said Commission, whose duty it shall be to fully, fairly, and truly to enter, set down, transcribe and Record, in such book or books as aforesaid, all proceedings of the said Commissioners, or any three of them, and the nature and effect of such written or other evidence as shall come before them, and who before entering on such duty, shall take and subscribe the following oath, "I, A. B. do make oath and swear, that I will truly and faithfully discharge and perform the duty of Secretary to the Commissioners appointed under the authority of an Act of the Parliament of Upper-Canada, entitled, "An Act to afford relief to persons holding or possessing Lands, Tenements or. Heraditaments in the District of Niagara," and will make true Records of all proceedings had before the said Commissioners, without partiality to any person whatsoever, so help me God," and which said Clerk or Secretary so appointed, shall Clerk to administer have power to administer to each and every of the said Commissioners the following oath to be by them made and subscribed, before entering on the execution of the said Commission, which oath in the following form shall be written, in such book as aforesaid, "We A. B. C. D. E. F. G. H. and J. K. do severally make oath and swear, That we will truly and faithfully discharge and perform the duty of Commissioners, under the provisions of an Act of Parliament of this Province, entitled "An Act to afford relief to persons holding or possessing Lnnds, Tenements or Hereditaments in the District of Niagara," and will cause true Records to be made of all proceedings laid before us in the execution of the said Commission without partiality, favour or affection to any person." oath to Commissioners. Oath of Commissioners. Notice to be given of the time and place missions. IV. And be it further enacted by the authority aforesaid, That no sitting of holding said Com- of the said Commissioners, shall be held or holden, unless notice in writing of the time and place of holding the same, subscribed by one of the said Commissioners, shall first be affixed up in the Register Office of the said. Counties, and unless the time and place of holding thereof, shall first in open Court be proclaimed at some General Quarter Sessions of the Peace, for the said District, by and for the space of two months next before the sitting of the said Commission. Power of Commissioners to cause to come before them any persons to give evi. Money to be paid to witnesses. V. And be it further enacted by the authority aforesaid, That the said Commissioners or any three of them shall have full power and authority to cause to come before them at any sitting so to be holden as aforesaid, any person Pence to be set th or persons to give evidence, on oath, touching the loss or destruction of writing. any Deed, Conveyance, Will, Mortgage, Lease or other Mesne Conveyance affecting any Lands, Tenements or Hereditaments within the said District, or touching or affecting the Estate, Right and Interest of any person or persons claiming the same, and the Testimony and Evidence, which shall by any such person or persons be thereof given before the said Commission, the said Commissioners shall cause to be set down in writing, entered and Recorded, in such Book of Books to be provided as aforesaid, which person or persons appearing and attending to give such evidenee, shall be entitled to demand and receive under rule or order of the said Commissioners, from the party on whose behalf they shall attend, a like allowance as is paid to witnesses attending the trial of issues in His Majesty's Court of His Bench, Provided nevertheless That no such evidence or testimony affecting any lands, tenements or hereditaments within the said District, or the estate, rights and interests of any person therein, shall be admitted, taken, entered, or recorded, by the said Commissioners in such book or books as aforesaid, unless proof be adduced to the said Commissioners that a sufficient description in writing, mentioning and setting forth the lands, tenements or hereditaments claimed, the Town, Township, County or other place wherein situated, and the name, place and abode of the person or persons claiming, shall have been affixed up in the Register Office of the said Counties, and on the door of the Court House, or other Building, wherein a Court of General Quarter-Sessions of the Peace shall be holden for the said District, at least one month before the sitting of the said Commission, and whereas for preventing of frauds in Conveyances, Double Mortgages and other colusions in the sale and conveyance of Lands, Tenements or Hereditaments within the said District, and to the intent that persons minded to purchase, may have notice of any previous Deed or Conveyance. VI. And be it further enacted by the authority aforesaid, That when any person who on the first day of June in the year of our Lord one thousand eight hundred and fifteen, was, now, and still is, in the lawful seizen and possession of any such Lands, Tenements or Hereditaments under and by virtue of any Deed, Conveyance, Will, Mortgage, Lease or other Mesne Conveyance to him, her or them, made, on which is indorsed by the Register of the said Counties, that a memorial thereof, was enregistered in the Register Office of the said Counties, and then and in such case, each and every person or persons shall during the continuance of this Act, produce and bring before such Commissioners at their sittings such Deed, Conveyance, Will, Mortgage, Lease or other Mesne Conveyance, and the said Commissioners, the said Indorsements, the description of the Lands, Tenements or Hereditaments conveyed by such Deed, Conveyance, Will, Mortgage, Lease or other Mesne Conveyance, with the names, additions and places of abode, of the parties and witnesses thereto, shall cause to be transcribed, set down, written, entered and Recorded, in such Book or Books as aforesaid, and shall cause to be endorsed a certificate of such entry on the same, 3 Y which No evidence, &c of be admitted, as afore cient description in fecting any lands shall said unless proof be advanced that a suffi writing, mentioning and setting forth the tion of the persons been affixed up in the Register's ofice, of said one month before the sitting of said Commis lands and the descrip. claiming, shall have Counties, &c. at least sion. in conveyances, &c. Any person who, on 1815, was and still is in the first day of June, the lawful possession of any such land, &c. by virtue of any Deed, &c. To be endorsed by the Register of said Counties. Such persons to produce such Deed, &c. Name and additions &c. of the witnesses and parties to be re corded. A Certificate of such entry to be endorsed. |