nor and how

his, her, or their aiders and abettors, shall, for every such of- tion, &c., fence, be guilty of a misdemeanor, and, on conviction thereof, a misdemeashall be liable to a fine not exceeding four hundred dollars, or punished. imprisonment for a term not exceeding two years, or both, in the discretion of the Court.

subsequent

observance of

34. With a view to remove doubts, and to quiet the titles to Patent or certain lands heretofore granted, it is enacted, that the non title of patenobservance and non fulfilment of the condition imposed in and tee or of any by certain patents issued for public lands, of taking the oaths purchaser not which may have been heretofore prescribed, in case of any affected by non subsequent sale, conveyance, enfeoffment or exchange, by the certain conpatentee, and of recording such oaths, within twelve months ditions. after having taken possession, in the office of the Secretary of the Province, or of performing certain settlement duties, shall not affect in any way the patent or title of any patentee, or of any subsequent purchaser or proprietor.

35. Whereas doubts have been entertained as to the power Doubts recitvested in the Crown to dispose of and grant water lots, in the ed. harbors, rivers and other navigable waters in Upper Canada, and it is desirable to set at rest any question which might arise in reference thereto, it is declared and enacted, that it has been Sales and heretofore and that it shall be hereafter lawful for the Governor appropriations of water in Council to authorize sales, or appropriations, of such water lots declared lots under such conditions as it has been or it may be deemed to be legal. requisite to impose.

36. All legal proceedings, commenced in virtue of the Acts Proceedings, repealed, shall be continued; and the rights, acquired by virtue under repealand under the Acts repealed, shall be valid, and all orders in ed acts continued-proviCouncil, and Regulations of the Department, and acts done sions of Act to thereunder, and appointments to office now in force or existing, apply to lands shall continue until altered or revoked, as if the said Acts had now under not been repealed; and all the provisions of this Act shall patent, &c. apply to lands under patent, grant, sale, location, lease or license

of occupation at the time of the passing thereof, as well as to lands disposed of after the passing hereof.

37. Compensation awarded under the twenty-third and Compensation twenty-fourth sections of this Act (except where land is specifi- under ss. 23 cally assigned therefor by the Commissioner of Crown Lands) and 24, and all claims therefor shall be treated as personal estate and Except, &c. dealt with accordingly.

personalty

"Public

38. The term "Public Lands" shall be held to apply to Definition of lands heretofore designated or known as Crown Lands, School the term Lands, Clergy Lands, Ordnance Lands, (transferred to the Pro- Lands." vince), which designations, for the purposes of administration, shall still continue.

39. The twenty-second Chapter of the Consolidated Statutes Chapter 22 of of Canada is repealed.

C. S. C. re

CAP pealed.

CAP. III.

Preamble.

22, 23 V. c.

10.

An Act to provide for the election of the Speaker of the Legislative Council.

W

[Assented to 23rd April, 1860.]

HEREAS by an Act of the Parliament of the United Kingdom, passed in the Session holden in the twentysecond and twenty-third years of Her Majesty's Reign, chapter Imperial Act, ten, " to empower the Legislature of Canada to make Laws "regulating the appointment of a Speaker of the Legislative "Council," it is in effect amongst other things enacted that it shall be lawful for the Parliament of Canada to provide for the election of a Speaker of the said Council, and for that purpose to vary and repeal, in such manner as to them may seem fit, so much of the provisions of the Act of the said Parliament of the United Kingdom, passed in the Session holden in the third and fourth years of Her Majesty's Reign, chapter thirty-five, "to re-unite the Provinces of Upper and Lower Canada and "for the government of Canada," or of any other Acts of the Parliament of the United Kingdom as relates to the appointment of such Speaker; and whereas it is expedient to provide for the election of such Speaker, and for that purpose to repeal the said provisions of the said Act or Acts, as well as similar provisions of the Consolidated Statutes of Canada: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows:

Union Act.

Certain provisions of the Union Act and of Cap. 3 of

1. The ninth section of the said Act, third and fourth Victoria, chapter thirty-five, and so much of the provisions of the same or of other Act or Acts of the Parliament of the United any the Con. Stat. Kingdom as relates to the appointment of the Speaker of of Canada, re- the Legislative Council of Canada, together with the twenlating to the tieth and twenty-fourth sections of the first chapter, and the appointment of a Speaker fourth sub-section of the fourth section of the third chapter of of the Legis, the Consolidated Statutes of Canada, and so much of the ninth lative Council, and seventeenth sections of the said third chapter of the said repealed. Statutes as relates to the office of such Speaker, are hereby repealed.

Election of a

be had.

2. The members of the Legislative Council in attendance Speaker, how in the Legislative Council Chamber at the first convening of and when to the said Council after this Act takes effect, and thereafter at each first convening of the said Council after the occurrence of a vacancy in the office of Speaker of the said Council, shall forthwith proceed to elect one of their number to be Speaker; Term of office. and the member so from time to time elected Speaker shall preside at all sittings of the Legislative Council, and continue to be Speaker of the said Council until his death or resignation, or his ceasing to be a member of the said Council, or until the

day

day before the first day of the meeting of the next new Parliament of Canada after that in which he was so elected Speaker, whichever may first happen.

chair from

3. Whenever the Speaker of the Legislative Council, from Provision for illness or other cause, finds it necessary to leave the chair supplying the during any part of a sitting of the said Council on any day, he place of the Speaker, in may call upon any member thereof to take the chair and to case of his act as Speaker during the remainder of such day, or until being obliged and unless the Speaker himself resume the chair before the to leave the close of the sittings for that day; or if the Speaker be prevented illness, &c. by illness or unavoidable absence from attending in the said Council Chamber on any day or days, then the members of such Council assembled at or after the hour to which such Council stood adjourned, on being notified of such illness or unavoidable absence by the Clerk of the said Council, may proceed to elect one of their number to act as Speaker during the time the said Speaker shall be absent from one or other of the causes aforesaid; and the member so called upon or so elected as aforesaid, shall take the chair and act as Speaker accordingly; and every Act passed, and every order made and thing done by the said Council while such member is acting as Speaker as aforesaid, shall be as valid and effectual to all intents and purposes as if done while the Speaker himself was presiding in the chair.

4. All provisions of law now in force and not hereby Certain prorepealed, applying to Speakers of the Legislative Council visions to apply to elective appointed by the Governor, shall hereafter apply to Speakers Speakers. of the said Council elected under this Act, who shall have and enjoy the same honors, powers, rights and privileges as Speakers so appointed have at any time had and enjoyed.

effect.

5. This Act shall take effect and be in force only upon, When this from and after the day next before the first day of the meeting Act shall take of the next new Parliament of Canada after the passing of the same, or upon, from and after the first occurrence of a vacancy in the said Office of Speaker, whichever may soonest happen.

CAP. IV.

An Act relating to the Sinking Fund for the redemption of the Imperial Guaranteed Loan.

[Assented to 23rd April, 1860.]

Certain arrangements

land by the

HEREAS the Provincial Minister of Finance, acting Preamble. under instructions from the Governor in Council, has made arrangements with the Lords Commissioners of Her Majesty's Treasury, under which the securities representing made in Engthe sums arising from the payments made by the Province to the Sinking Fund for the redemption of the Provincial debt of Finance, reone million five hundred thousand pounds sterling, guaranteed cited. by the Imperial Government under the Imperial Act hereinafter mentioned,

2

The arrangements men

Preamble,

confirmed.

And so much

requires any

mentioned, have been disposed of, and the proceeds, with other moneys at the credit of the Province as part of the said Sinking Fund, have been invested in four per cent. debentures of the Government of India and in five per cent. New India Stock, and directions have been given to the Financial Agents of the Province to purchase such further amount of the said New India Stock as, with that already purchased, will make one million five hundred thousand pounds of the said Debentures and Stock ;---And whereas, under the said arrangements, the said amount of India Stock and Debentures will be inscribed in the names of and held by the Trustees of the said Sinking Fund named by the Lords Commissioners of Her Majesty's Treasury, and the interest accruing thereon will be applied to the payment of the interest of the provincial debt guaranteed by the Imperial Government as aforesaid, any surplus of the said interest on the said India Stock over that of the said Provincial debt being paid annually to the Financial Agents of this Province, and any deficiency therein being made good by the Province, or repaid by it with interest at five per cent. per annum, if advanced by the Imperial Government,---and the proceeds of the sale of the said New India Stock will be applicable to the payment of the said Provincial debt as the Provincial Debentures forming it become due, the Province making good any deficiency in the amount of the said proceeds to pay the same, and any surplus in the amount of the said proceeds being payable to the Financial Agents of the Province,---so that by the said arrangement the redemption of the said guaranteed loan is provided for in full ;---And whereas, it is expedient to confirm the said arrangements and to provide by law for the discontinuance of the payments to the said Sinking Fund required by the Acts hereinafter mentioned: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows:

1. The arrangements recited in the preamble to this Act are hereby confirmed, and the sum or sums (if any) which it may tioned in the be necessary to pay under them on behalf of the Province, may be paid out of any moneys forming part of the Consolidated Revenue Fund; and so much of the sixth section of the Act forming chapter fourteen of the Consolidated Statutes of Canada, intituled: An Act respecting the Public Moneys, Debt and of any Act as Accounts, or of any other Provincial Act, as would require or authorize the payment, after the twenty-first day of January now last, of any percentage or sum into the Sinking Fund for Sinking Fund paying off the Provincial Debt of one million five hundred for the Gua- thousand pounds sterling, guaranteed by the Government of the United Kingdom, under the provisions of the Act of the Parliament thereof, passed in the Session held in the fifth and sixth years of Her Majesty's reign, and intituled: An Act for guaranteeing the payment of the interest on a Loan of one million five hundred thousand pounds, to be raised by the Province of Canada,-shall be and is hereby repealed.

further payment to the

ranteed Loan,

repealed.

САР.

CAP. V.

An Act to grant additional aid to the Canadian Line of Steamers, and for the extension of the Line of Telegraph to Belle-Isle.

W

[Assented to 23rd April, 1860.]

HEREAS in order to enable the proprietors of the Ca- Preamble. nadian Line of Steamships to provide additional vessels

of greater power and size, and of a better class, than those hitherto employed, and to perform more surely the services required of them in the maintenance of a Weekly Line of postal communication between this Province and the United Kingdom, it is expedient to authorize the application of a further sum as an aid to the said proprietors for the purposes aforesaid: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows:

and additional

line of Steam

ships.

1. The Governor in Council may agree with the proprietors A new conof the said Canadian Line of Steamships, that any contract now tract may be subsisting between them and the Provincial Government shall made with, be cancelled from the first day of May now last, and may autho- aid granted to rize the Postmaster General of this Province, in Her Majesty's the Canadian name, to enter into a new contract with the said proprietors, to commence from the said first day of May last, and to end on the first day of January, in the year one thousand eight hundred and sixty-seven, and by such contract to agree to pay to the said proprietors a sum not exceeding eight thousand dollars, for each voyage performed by their steamships between this Province, or the City of Portland, and the United Kingdom, and for the performance of such further services, and subject to such terms and conditions as the Governor in Council may direct; but no greater sum shall be paid to the said Proprietors for Proviso: as'to services already performed, than the amount of postage upon past services. correspondence carried by the said Steamships, since the first

day of May last, in addition to the subsidy provided for under the subsisting contract.

line of Tele

2. And whereas it is expedient to grant Provincial aid Aid may be towards the continuation of the Line of Telegraph from Father granted for Point to the Straits of Belle-Isle : Therefore, the Governor in extending the Council may authorize the said Postmaster General to contract, graph to in Her Majesty's name, with the Montreal or any other Tele- Belle-Isle. graph Company or persons, for the continuation of the Line of Electro-Magnetic Telegraph from Father Point to the Straits of Belle-Isle, and for the performance of such further services, and subject to such terms and conditions as the Governor in Council may direct; and in consideration thereof, to agree to pay to the said Company such sum, not exceeding the rate of ten thousand dollars per annum, for such term not extending

beyond