Page images

his Child or Children, being under the age of sixteen years, and until they respectively attain that age, shall be allowed a pension of Eighty Dollars per annum, to be paiil to such Widow, or, in case of her death or marriage, to be paid for the use of such Child or Children, to his or their Guardian, or to the Executor or Administrator of his or their Father, by the ReceiverGeneral, out of any moneys in his hands subject to the disposition of the Legislature, and in discharge of the Warrants of the Governor, who may order such pension to be paid in advance quarterl; or half yearly.

[blocks in formation]

3. In case any person has been wounded or should hereafter be wounded, or in any way disabled while in the Public Service as a Militiaman, and be unable to maintain himself, he may claim and be allowed a pension of Eighty Dollars per annum.


Persons spe. 4. No person provided for by any special Act shall be alcially provided lowed a pension under this Act. for not within this Act. Persons other- 5. No person receiving a Pension in any other of Her for excluded. Majesty's dominions, by reason of wounds or injuries received

on Militia Service in Upper Canada, shall receive any additional Pension.


The Governor 6. In the case of any person claiming such pension, as having may appoint been so wounded or disabled during or since the War with the Local Medical Boards to exa- United States of America, the Governor may appoint three mine applicants Surgeons (legally authorized to practise Physic and Surgery, for pensions.

and resident in the County in which the person resides,) to examine him, and the decision of such Surgeons, or of any two of them, shall be final; and if they, or any two of them are satisfied, upon examination, that such person is actually disabled from wounds or accident received in such Service, and certify the same, then, upon such certificate being submitted to the Governor, he may cause the name of such person to be placed on the Vilitia Pension List of Upper Canada, and such person shall from thenceforth receive a Pension of Eighty Dollars per annum, in the same manner as other Militia Pen- , sioners.


May appoint a ty. The Governor may from time to time appoint a Board,

consisting of three or more persons, who shall sit in the City of
Toronto, and examine any person claiming a Pension for wounds
received while on actual Service as a Militiaman during the
War with the United States, whom the Governor may require
to appear before them, and the Board shall enquire into the na-
ture of such wounds, and the circumstances under which they

were received, and if such wounds be found and declared by the Board to have disabled the person inspected from maintaining himself by labour, the Governor may direct the name of such person to be placed on the Pension List, and such person shall from thenceforth, receive a Pension of Eighty Dollars per annum in the same manner as other Militia Pensioners.


pensioner to

8. The Governor may require any person who now is, or The Governor hereafter may be, placed on the Pension List of Upper Canada may requ as a disabled Militiaman, to present himself once in each year appear before before the said Board, for examination; and if the Board re- such Board. port that such person is then able to maintain himself by labour, the Governor may direct the name of such person to be erased from the Pension List, and his pension shall cease.


9. The Governor may require any person receiving a pension What proof as the Widow of a deceased Militiaman, to adduce proof to the new roduire satisfaction of the Board hereinbefore last mentioned, that she is the Widow of such deceased Militiaman, which proof shall not be limited to the oath of the Pensioner; and if the said Board be of opinion that she is not the Widow of such deceased Militiaman, then her name shall be erased from the Pension List, and her pension shall cease.

10. The Governor may require any person hereafter claim- More than the ing a pension as the Widow of a deceased Militiaman, to give, widow may be

vir oath of a besides her own oath, such evidence of her being such Widow, required. as he may deem expedient.

11. In every case where a pension is applied for by or has The General been granted to any Widow or Child of a deceased Militiaman Board mayn

"quire into all who died after his discharge from actual service, the said last men- cases. tioned Board may inquire into the circumstances under which such Militiaman died, and whether his death was caused by disease contracted or wounds received while in actual service; and if the Board report to the Governor that such Militiaman did not die from disease so contracted or wound so received, the application shall be rejected, or the name of the Widow or Child shall be erased from the Pension List, and the pension shall cease.


12. Every Pensioner on the Militia Pension List shall, as Affidavits tosoon as convenient after the first day of January, and the first be,

pensioners day of July in each year transmit to the Receiver-General an half-yearly. affidavit (or affirmation) made before a Justice of the Peace having jurisdiction in the County or place in which the same is administered, in one of the following forms : 1.-I, A. B., of

, in the County of

Forms of. late a , in the

Regiment of

Militia, do solemnly swear (or affirm) that I am the person whose name has been heretofore inserted in the Pension List of Upper Canada.

Or, 2.-I, G. H., of

, in the County of do solemnly swear (or affirm) that I am the widow of A. B., who was killed (or died of wounds received) in action with the enemy (or was killed or died in any other manner hereinbefore mentioned, as the case may be).

Or, 3.—1, G. H., of

, in the County of dosolemnly swear (or affirm) that I am the Widow of A.B., who died from disease contracted whilst on Service.

Or in the case of a Child or of Children. 4.-1, A. B., of

, in the County of Guardian of the Child (or Children) of

, or Executor (or Administrator) of

(as the case may be), do solemnly swear (or affirm) that I verily believe that G. H., K. L. and M. N. (naming ull the Children under sixteen years of age), are Children of the said

, who was killed in action with the enemy—or, who died from wounds received in action-or, who died from disease contracted whilst on Service (or, as the case may be as aforesaid); and that each of them the said G. H., K. L. and M. N. is under the age of sixteen years.


To be approx. 13. Any one of Her Majesty's Justices of the Peace, or the ed of by a Jus- Senior Officer of the Regiment of Militia within whose juristice of the Peace or the diction or limits the person making such affidavit (or affirmaSenior Officer tion) resides, is to certify, in confirmation of the same, in the of Militia.

form following:

I, C. D., one of Her Majesty's Justices of the Peace (or the Senior Officer of the

Regiment of

Militia, as the case may be), do hereby certify that the above named deponent (or affirmant) A. B. (or G. H.) is the person he or she) alleges himself (or herself) to be; and that I verily believe the facts alleged in his or her) affidavit (or affirmation) to be just and true. Dated day of

18 .

WHAT VOUCHERS AUTHORIZE PAYMENT. Such affidavit And such affidavit (or affirmation) and certificate, with the and certincate receipt of the pensioner. Widow. Guardian, Executor or Adminsufficient to receipt of the pensioner, widow, authorize pay. istrator, or his or her Agent (as the case may be), shall be a

sufficient Voucher for the payment of the Pension.


WARRANTS FOR PAYMENT. Warrants for 14. To avoid the unnecessary multiplication of Warrants, the payment may Governor may, by one or more Warrant or Warrants, order the appropriation and payment of the several sums therein named include several by the Receiver-General to the purposes of this Act.



15. When the Governor, from time to time, orders the pay- Notice of payment of the pensions aforesaid, or any of them, the Receiver- ment ordered,

to be given by General sball insert a notice thereof in the Canada Guzette for Receiver-Genthree months immediately after such order.


C. S. CAN. CAP. 36.

An Act respecting Lands and Real Property, held

or required by the Imperial Government for the Military defence of this Province.

LER MAJESTY, by and with the advice and consent of

the Legislative Council and Assembly of Canada, enacts as follows:


erred to the

1. All lands and other real property comprised in the Sche- Lands and dule to this Act annexed, and all other lands and other real proper perty, except the lands and property in thesecond Schedule to the Secretary of Act respecting the Crdnance and Aimiralty Lands transferred State for War. to the Province, which by virtue of the Act 7 V. c. 11, or of any other Act or Acts, or of any conveyance, surrender, lease, or other assurance, or of any law, custom or usage whatsoever, were at any time before the nineteenth day of June, 1856, vested in the Principal Officers of the Ordnance on behalf of Her Majesty, or purchased, vested or taken by or in the name of or by any person or persons in trust for Her Majesty, for the use of the said Department, or for the defence and security of this Province, that is to say ;

sofore the nine Ordnancer in the nor the use his

fence or under

2. All castles, forts, lines or other fortifications, messuages, What prolands, lands covered with water, beaches, beds of rivers, canals perty shall be and works connected therewith, tenements, estates, and other Lands used for

estates and othevested. hereditaments, real property, rights, easements and servitudes military dewhatsoever, (all which things shall be intended by the words te

un control of the “ Lands and other real property” wheresoever they occur in Ordnance this Act) within this Province, and immediately before the Department. passing of the Act passed in the seventh year of Her Majesty's Reign, chaptered eleven, (hereinafter referred to as the Ordnance Vesting Act,) vested in Her Majesty, or in any person or persons, officer or officers, in trust for Her Majesty, and set apart, used or occupied for purposes connected with the military defence of the Province, or placed under the charge and control

of the Officers of the said Ordnance Department, or of the Com-
mander of Her Majesty's Forces, or other Military Officer or
Officers, whether the same became so vested in Her Majesty, or
Her Royal Predecessors for such purposes by the cession of this
Province, or have been by Her or them set apart or transferred
from the lands, demesnes, or other real property of the Crown,
or from the Clergy Reserves, or have been intended to be so set
apart or transferred, for any of the purposes aforesaid, or have
been purchased for such purposes by any person, or officer, and
paid for out of funds provided for that purpose by the Parlia-
ment of the United Kingdom, and surrendered or conveyed to
Her Majesty, or Her Royal Predecessors, or to some person in
trust for Her or them, or have been set apart or transferred or
have been taken for any such purposes, under the authority of
any Act or Law, in force in this Province, or in any part thereof,
(by whatsoever mode of conveyance the same have been pur-
chased and taken, and whether in fee or absolute property, or
for any life or lives, or term or terms of years, or for any lesser
interest, or à titre de cens,— And all such Lands, and other real
property, and all others which have since the passing of the
said Act been purchased by the said Principal Officers, or which
having been acquired and purchased, or taken for the Crown,
and the price or compensation thereof paid out of funds pro-
vided by the Imperial Parliament, Her Majesty has been pleased
to direct to be vested in the said Principal Officers, and all
erections and buildings erected, or built thereon, together with
the rights, members, and appurtenances to the same respec-
tively belonging, and which have not been sold or otherwise
disposed of by the said Principal Officers, and are not comprised
in the said Schedule to the Act respecting the Ordnance and
Admiralty Lands transferred to the Province, and also all the
moveable and personal property of Her Majesty held or used
for the services and purposes aforesaid, or any of them,-are
and shall remain vested in Her Majesty's Principal Secretary
of State for the time being to whom Her Majesty thinks fit to
intrust the Seals of the War Department, according to their
respective nature and quality, and the several estates and in-
terests therein, subject to the provisions of this Act, on behalf
of and in trust for Her Majesty, for the service of the War De-
partment, or for such other services as Her Majesty, or the said
Principal Secretary of State, from time to time, direct;

Proviso- 3. Provided always, that nothing in this Act, or in the said Lands or buildings pur- ACU,

funds not to

our. Act 7 V. c. 11, shall extend to vest in the said Principal Officers chased with or the said Principal Secretary of State, any Lands or BuildProvincial

od to be ings, which have been purchased or erected for Provincial purso transferred. poses, with funds provided by the Legislature of this Province,

or of either of the late Provinces of Upper or Lower Canada, unless the same have been or are lawfully purchased by, and conveyed to the said Principal Officers or Secretary of State, under the provisions of some Act or Law in force in this Province; or any Lands or Buildings belonging to the Civil Government of the Province, notwithstanding that the same

« PreviousContinue »