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CHAP. XXXIX.

AN ACT for dividing the Township of Hallowell, in the District of Prince

Edward.

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Preamble.

Township of Hallowell divided into two Townships;

Division lines.

W HEREAS from the great extent of the Township of Hallowell, in the
District of Prince Edward, and from the increase of population therein,
many great inconveniences occur to the inhabitants of the said Township
in meeting together upon public occasions : And whereas it becomes ex-
pedient and necessary to divide the said Township of IIallowell into two
parts: 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 Ameri-
ca, and to make further provision for the Government of the said Province,”
and by the authority of the same, That from and after the passing of this
Act, the aforesaid Township of Hallowell shall constitute and form two
Townships; and shall be divided by a line commencing on Little Sandy
Bay, in the limit between Block letter H, and Block letter I; thence
North, twenty-eight degrees East, to the limit between said Block letter I
and Lot letter F on East Lake; thence North thirty-two degrees West,
to the North-Western angle of said Lot letter F; thence North-Easterly
following the rear boundaries of the Lots on East and West Lakes respect-
ively to the South-Eastern angle of Lot number Fourteen on West Lake;
thence North, sixty-two degrees West, to the rear boundary of Lot num-
ber Ten fronting on East Lake; thence North, sixty degrees East, to the
North-Eastern limit of Lot number Twenty of the Lots on East Lake ;
thence North, thirty degrees West, to the allowance for road between the
First and Second Concessions of the Military tract; thence South, seventy
degrees East, to the Southern angle of Lot number Twenty-four, in the
Second Concession of the Military tract; thence South, twenty degrees
West, to the Northerly limit of Lot number One on the East side of Esat
Lake; thence North, sixty degrees East, to the Northerly angle of said Lot
number One; thence South, thirty degrees East, to the Southern limit of
Lot number Eight East of East Lake; thence South, sixty degrees West,
to the Town line between the Townships of Hallowell and Marysburgh;

thence South, thirty degrees East, to Lake Ontario ; thence Westerly, Northerly, Westerly, Easterly, Northerly, and Westerly, to the place of beginning.

Part described to form
Township of Atbol.

II. And be it further enacted by the authority aforesaid, That so much Pare described to form of the said Township of Hallowell as is comprised within the description shall constitute and form the Township of Athol.

the same footing as

III. And be it further enacted by the authority aforesaid, That the said athol to be placed on Township of Athol shall be under the same regulations and entitled to other Townships." the same privileges as any other Township within this Province.

any Commissions;

IV. Provided always, and be it further enacted by the authority aforesaid, Division not to avoid That such division shall not by any means invalidate the legality of any existing Commission granted for the exercise of any authority or jurisdiction within the said Townships; or to make void or otherwise affect Or affect lands or legal any grant of Lands, or other legal proceedings, within the limits of the said Townships, any law or usage to the contrary notwithstanding.

proceedings.

CHAP. XL.

AN ACT to authorise the construction of a Mill Dam across the River

Thames.

Preamble,

[Passed 10th February, 1840.] W HEREAS it hath been represented by the petition of sundry persons inhabiting the Townships adjacent to the banks of the River Thames, in the Township of Delaware, in the County of Middlesex, and District of London, that the erection of Mills upon the said River on Lot B, in the broken Concession of Delaware, at the Village of Kilworth, in the said Township, and which is situated upon the right bank or Southerly side of said River Thames, and between said River and the main Road leading from Delaware to London, would tend greatly to increase the general prosperity and wealth of the surrounding country : And whereas the natural fall of the said River at this place is not of such magnitude as to render the water-privilege efficient at all seasons of the year for Mill purposes, and it will be therefore necessary to erect a Dam across the said River at the above-mentioned site : And whereas the erection of a Dam of a sufficient height to fully effect the purpose desired, will not flood or otherwise injure any lands lying above

Concession of Delaware, may erect a Dam across the River Thames, at

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 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 Owner of lou B, broken may be lawful for any person or persons owning the said lot B, in the may erect a Dam across broken Concession of Delaware, at the Village of Kilworth, on the said the Village of Kilworth; River Thames, to erect a Dam upon the above-mentioned site, of such Not to flood lands ; height only as will not flood or otherwise injure any lands lying above the Locks for passage of same: Provided always, that such Dam or Dams shall be constructed with

suitable Locks, for the safe and convenient passage of such Boats or other Craft as are now or may hereafter be in use upon the said River; and also with inclined planes of not less than forty feet in length, and thirty feet in width, with good and sufficient aprons for the safe passage of Rafts and the ascent of Fish; to be maintained and kept in good repair by the person in possession of said water privilege, free from toll or other charge, as long as the said Dam or Dams shall exist.

boats to be constructed;

And inclined planes;

To be kept in repair at the expense of the owner.

If passage obstructed twonty successive days this giant to be void.

II. Ani be it further enacted by the authority aforesaid, That if the passage aforesaid shall at any time be obstructed for the period of twenty days successively, the grant hereby intended to be made shall be absolutely void.

Owner of said lot may
Bustain actions, &c.
for injury to the Dam;

III. And be it further enacted by the authority aforesaid, That the owner or owners of the said Lot of Land, for the time being, shall be held to possess, and be beneficially interested in the said Dam so to be erected, so that he or they may be enabled to sustain actions at Law or in Equity against any person or persons who may hereafter break down, destroy or injure the said Dam, or who shall in any wise prevent the use and enjoyment thereof by the owner or owners of the said Lot of Land: Provided always, that the said Dam shall be erected at a distance of not less than fifty yards up stream from the tail race of the Mill of Benjamin Woodhull, senior, and as nearly as may be at a right angle with the course

of the River; and further, that nothing in this Act contained shall at any s time prevent, or be construed to prevent the owners or occupiers of the

Lot on the Northerly side of the River Thames, situated opposite to the Lot hereinbefore mentioned, to take and use in such way as they may deem proper from the Pond caused by the erection of said Dam, a suffi

Limitation as to placa of erecting the same ;

Owners of the lot on the Northerly side of the Thames entitled to use the water for mills or nachinery

.—Chap. XLI. 3rd Victoria

cient quantity of the Water of the said River Thames, for the purpose of working any Mills or Machinery, which the owners or occupiers of the last-mentioned Lot may deem it advisable to erect thereon, doing no damage to the said Dam.

Dam to be erected

IV. And be it further enacted by the authority aforesaid, That if the pe said Dam shall not be erected and used for the purposes above-mentioned, within two years. within two years from the passing of this Act, the privilege and right granted shall from thenceforth cease and determine, as if this Act had not been passed.

Legislature may amend

V. And be it further enacted by the authority aforesaid, That it shall , and may be lawful for the Legislature of this Province, at any time here- or repeal thi after, when in their opinion the public interest shall require it, either to amend or repeal this Act.

CHAP. XLI.

AN ACT for stopping up parts of certain Streets in the Town Plot of

Sandwich, in the Western District, and for other purposes thereinmentioned.

[Passed 10th February, 1840.]

W HEREAS divers Inhabitants of the Town of Sandwich and its neigh-
bourhood, in the Western District, have by their Petition to the Legislature
of this Province, shewn that it would be an accommodation to the public, Preamble.
and a saving of Statute labour and other expenses, if a new Street or
Road was to be opened through the Southern end of Park Lot number
one, near the said Town, and if certain parts of Back Street and South
Street, in the Town Plot of the same Town, were to be stopped up and
extinguished as a Road, according to a certain plan annexed to their
Petition, and they have prayed the Legislature to carry the above arrange-
ment into effect: And whereas it is expedient to comply with 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 Assembly of the Province of Upper Canada, constitute 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

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A now street to be opened in Sandwich;

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 be lawful for the Path Master or Street or Road Surveyor of the Town of Sandwich, for the time being, and he is hereby required so soon after the passing of this Act as may be, to open or cause to be opened a New Street or Road from Centre Street through the Southern end of Park Lot number one aforesaid into Peter Street, on the Town Plot of Sandwich, such Road or Street to be of the length of thirteen chains and fifty-two links or thereabouts, and to be of the same width as Centre Street aforesaid ; and after the same Road or Street is opened and made passable, it shall become and be and is hereby declared to be a Public Highway, and dedicated to the public for all lawful purposes whatsoever.

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· II. And be it further enacted by the authority aforesaid, That as soon as the said New Street or Road shall have been opened from Centre Street to Peter Street as aforesaid, and be fit for travelling over, it shall be lawful for the said Path Master or Surveyor, and he is hereby required to stop up and extinguish, as a Public Road or Highway, so much of South Street aforesaid as extends from Cross Street on the said Town Plot to Back Street aforesaid, being six chains and twenty-five links in length or thereabouts, and also so much of Back Street aforesaid as extends from Chinpewa Street, on the said Town Plot, to Centre Street aforesaid, being thirty-four chains and thirty links or thereabouts, and also such further part of Back Street aforesaid as extends from Centre Street aforesaid to McKee's line, being twenty-five chains or thereabouts, and such parts of South Street and Back Street as shall be so stopped up, are hereby declared to be extinguished as Public Highways, from the time that the aforesaid New Street or Road from Centre Street through Park Lot number one to Peter Street aforesaid shall have been opened and made fit for public use and travel.

CHAP

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