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CHAP. XLIX.

AN ACT to extend the time for completing the Erie and Ontario Rail-road.

(Passed 10th February, 1840.]

W HEREAS by a certain Act of the Parliament of this Province, passed preamble on the sixteenth day of April, in the year of our Lord one thousand eight hundred and thirty-five, and entitled, “An Act to Incorporate certain persons therein-named, under the name and style of the Erie and Ontario Rail-road Company,” it is provided in the twenty-second clause of the said Act, that the double or single Iron or Wooden Rail-road or way between the River Welland and the River Niagara, at or below Queenston, shall be completed within five years after the passing of the said Act, otherwise every thing therein-contained should cease and be utterly null and void: And whereas, from causes unforeseen and beyond the control of the Company by the said Act Incorporated, it will not be possible to complete the work so required. And whereas it is necessary to extend the time for the completion of the said work: Be it therefore enacted by the Queen'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, entitled, “ An Act to repeal certain parts of an Act passed in the fourteenth year of His Majesty's reign, entitled, “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 the time for completing the said double or single Iron or Wooden Time for completing Rail-road or way between the River Welland and the River Niagara, at Road extended five or below Queenston, shall be extended for and during the term of five years, any thing in the said recited Act to the contrary notwithstanding.

Time for completing Erie and Ontario Rail

years.

CHAP.

CHAP. L.

AN ACT to extend the time for re-paying the Loan to the Oakville Harbour.

[Passed 10th February, 1840.]

Trouble.

W HEREAS by an Act passed in the first year of the reign of His late Majesty King William the Fourth, entitled, “An Act for affording aid to William Chisholm, Esquire, towards the completion of the Harbour at Oakville, in the Township of Trafalgar,” a luan of Two Thousand Five Hundred Pounds was granted to the said William Chisholm, payable with interest in ten years : And whereas the period for the re-payment will soon arrive: And whereas the said William Chisholm has prayed for further time to pay the principal, and also to pay certain arrears of interest now due thereon: And whereas the Harbour now produces a revenue sufficient to indemnify the Province against the interest of the said loan, and will also afford a security for the re-payment of the principal: Ee it therefore enacted by the Queen'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, entitled, “An Act to repeal certain parts of an Act passed in the fourteenth year of His Majesty's reign, entitled, “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 the period for the payment of the loan e Harbour Principal sum of Two Thousand Five Hundred Pounds, loaned to the exteaded for ten years.

said William Chisholm, shall be and the same is hereby extended to the period of ten years, from and after the day on which this Act shall receive the Royal assent.

Time for payment of

Mortgage of the Harbour and tolls to be made to secure payment of loan and interest.

II. Provided always, and be it further enacted by the authority aforesaid, Hur That the said William Chisholm shall on or before the first day of June

next, execute an Assignment, by way of Mortgage, of the said Harbour, and the tolls thereof, to such persons as the Governor may appoint in trust to receive the said Tolls, and to pay the current Interest on the said loan, and the arrears of Interest, and to satisfy the Principal of Two Thousand Five Hundred Pounds, when the same shall become payable, according to the provisions of this Act, or gradually to reduce the same, with power to appoint a receiver, if necessary, and all other such necessary

power as may be in behalf of this Province, required by Her Majesty's Attorney General.

UT US

OV

CHAP. LI.

AN ACT granting a further sum of Three Hundred and Fifty-nine Pounds,

for completing the Bridge over the River Thames, at Chatham, in the
Western District.

Passed 10ih February, 1840.]

MOST GRACIOUS SOVEREIGN:

W HEREAS under and by virtue of an Act passed in the seventh year premier of the reign of His late Majesty King William the Fourth, entitled, "An Act granting a sum of money for the erection of a Toll Bridge over the River Thames, at Chatham, in the Western District,” and Province of Upper Canada, the sum of Fifteen Hundred Pounds has been raised and expended, according to the provisions of the said Act: And whereas it appears by the Report of the Commissioners appointed in pursuance of the said Act to superintend the erection of the said Bridge, that in consequence of a change made in the site thereof by an Order of the Lieutenant Governor in Council, a further sum of Three Hundred and Fifty-nine Pounds is necessary to be granted for the completion thereof: Be it therefore enacted by the Queen'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, entitled, “An Act to repeal certain parts of an Act passed in the fourteenth year of His Majesty's reign, entitled, “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 for the Governor, Lieutenant Governor, or person administering the Government loan on Government of this Province, forthwith to authorise and direct Her Majesty's Receiver General of this Province, to raise by way of loan upon the credit of the Government Bills or Debentures, a sum of money not exceeding the sum of Three Hundred and Fifty-nine Pounds, at a rate of interest not exceeding six per centum per annum, payable half-yearly in this Province.

£359 to be raised by

Bills or Debeatures. for £359 in favour of Commissioners for building the Bridge at Chatham.

II. And be it further enacted by the authority aforesaid, That it shall be etissued lawful for the Governor, Lieutenant Governor, or person administering

the Government of this Province, to issue his Warrant to the said Receiver General, in favour of the said Commissioners, for the said sum of Three Hundred and Fifty-nine Pounds, as soon as he shall deem it expedient so to do, which said sum shall be expended and applied in the cornpletion of the said Bridge, and shall be accounted for by the said Commissioners to the Governor or Lieutenant Governor accordingly.

cb. 83, extended to this loan.

III. And be it further enacted by the authority aforesaid, That the said Provisions of 7th Wm. iv. sum of Three Hundred and Fifty-nine Pounds shall be raised, expended

and applied, in the same manner, and shall be subject in all respects to the same enactments (so far as the same can be made applicable) as are provided in and by the said recited Act of the seventh year of the reign of His late Majesty, with respect to the said sum of Fifteen Hundred Pounds thereby authorised to be raised.

Limitation of the right

distance of this Bridge ;

IV. And be it further enacted by the authority aforesaid, That from and of ferries within a certain after the passing of this Act, it shall not be lawful for any person or persons,

without the consent in writing of the said Commissioners, or a majority of them, first had and obtained for that purpose, to establish a Ferry across the said River Thames within two miles of the said Bridge, nor to use any boat, scow, or other craft for the conveyance of passengers, horses, cattle, or carriages across the said River, until the Tolls shall be taken off the said Bridge, and the same Bridge shall be thrown open to the

public to pass over Toll free; and any person or persons offending against Penalty;

this Act, shall forfeit and pay a fine or penalty not exceeding the sum of five pounds, nor less than one pound per diein, so long as he, she or they shall continue such Ferry; such fine or penalty to be recovered before any one or more of Her Majesty's Justices of the Peace for the Western District, in the same manner as fines and penalties are recoverable under and by virtue of an Act of the Parliament of this Province, made and passed in the fourth year of His late Majesty's reign, entitled, “An Act to provide for the summary punishment of Petty Trespasses and other

offences;” and all fines and penalties recovered under this Act, shall be How appropriated.

applied in the same manner as fines and penalties are directed to be applied and appropriated in and by the said recited Act of the seventh year of the reign of His late Majesty.

How recoverable:

CHAP.

CHAP. LII.

AN ACT to increase the Capital Stock of the Port Hope Harbour Company,

and to extend the period for completing the said Harbour.

[Passed 10th February, 1840.]

W HEREAS the President, Directors, and Company of the Port Hope Preamble. Harbour and Wharf Company, have by Petition set forth that they have expended Six Hundred Pounds over and above the amount of Capital Stock authorised to be subscribed for the construction of the said Harbour, which has proved inadequate for the purpose, and that they are desirous that the Capital Stock of the said Company should be increased Two Thousand Pounds, and that the period for completing the said Harbour should be extended four years from the passing of this Act: Be it therefore enacted by the Queen'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, entitled, “An Act to repeal certain parts of an Act passed in the fourteenth year of His Majesty's reign, entitled, “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 the Capital Stock of the Port Hope Harbour Company shall be increased in the sum of Two Thousand Port Hope Harbour

* Company increased; Pounds, to be taken in shares of the like amount as those formerly taken; and to be subscribed for in such manner and time as the Directors of the How to be subscribed ; said Company shall direct, of which at least thirty days notice shall be notice. given in the Upper Canada Gazette, and in one or more Newspapers published in the District of Newcastle.

Capital stock of the

Period for completing the
Harbour extended.

II. And be it further enacted by the authority aforesaid, That the period Period for completing the for completing the said Harbour shall be extended to four years from the passing of this Act.

from the Company to be

III. Provided always, and be it further enacted by the authority aforesaid, Interest due the Province That this Act shall not go into operation until the interest now due to the paid before the Province, by the said Company, be first paid.

takes effect.

P

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