CAP. LX. An Act to authorize the Trustees of the Presbyterian [Assented to 24th December, 1869.] HEREAS Hugh Archy McMillan, Donald G. B. Cameron, Preamble. and John McMillan, Trustees of the Presbyterian Church in the Township of Finch, in the County of Stormont, in connection with the Church of Scotland, and John Davidson, Moderator of the Presbytery of Glengarry, have by their Petition to the Legislature prayed that the said Trustees be empowered to sell and dispose of lot number fourteen, in the fifth concession of the said Township of Finch, and to apply the proceeds of such sale for the purpose of purchasing another lot, or for purposes connected with the interests of the congregation adhering to the said Church; and whereas it is expedient to grant the prayer of the said Petition; Therefore Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario enacts as follows: tees to sell lot 1. That the said Hugh Archy McMillan, Donald G. B. Power to TrusCameron, and John McMillan, Trustees of the Presbyterian 14 in 5th con. Church in the township of Finch, in the County of Stormont, of Finch. in connection with the Church of Scotland, and the survivor or survivors of them, or their successors in office, shall have full power and authority to contract to sell and to sell the said lot, in one or several parcels, from time to time, at private sale or by public auction, for cash or on credit, secured in such manner as to them seem fit, with power to buy in at any auction or auctions, and re-sell, and rescind or vary any sale or contract for sale that may have been entered into, and re-sell without being responsible for any loss or deficiency thereon, and on any sale or sales, conveyances execute and deliver, and the consideration money demand and receive, and to release all mortgages or other securities that may be given for the purchase money or any part thereof. sale. 2. The vendors shall apply the proceeds of such sale or sales Application of in the purchase of other lands or in such other manner as they proceeds of may deem best for the interests of the congregation adhering to the said Church; Provided always, that the purchaser or purchasers shall not be liable to see to the application of the moneys arising from the sale of the said lot or of any part thereof. 3. Nothing in this Act contained shall be construed to affect any This Act not rights of any other person or persons in respect of the said lands. to affect the CAP. rights of other persons. Preamble. The Institute, Athenæum and Society dissolved and reconstituted as a corporation; powers of. corporations CAP. LXI. An Act to empower the Ottawa Mechanics' Institute and Athenæum, and the Ottawa Natural History Society to amalgamate into one corporate body under the name of "The Ottawa Literary and Scientific Society." [Assented to 24th December, 1869.] WHEREAS the Ottawa Mechanics' Institute and the Ottawa Natural History Society have, by their petition, represented that they are two separate corporations existing in the City of Ottawa for cognate purposes, to wit, the cultivation of literature and science; and that the members of the said two societies have respectively passed resolutions for their amalgamation into one body, and they have prayed that an Act may be passed, enabling them to consummate such amalgamation; and whereas it is expedient to grant the prayer of the said petition: Therefore Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:— 1. The said Ottawa Mechanics' Institute and Athenæum, and Ottawa Natural History Society are hereby dissolved, and the present members of the said Ottawa Mechanics' Institute and Athenæum, and of the Ottawa Natural History Society, and such other persons as may hereafter become members under this Act, shall be and they are hereby constituted a body politic and corporate by the name of "The Ottawa Literary and Scientific Society;" and by that name shall have perpetual succession and all the powers vested in corporations generally by the Interpretation Act, and shall have power to purchase, take, receive, hold and enjoy such real estate as may be required for the actual occupation of the said corporation, and to alienate, sell, convey, lease and otherwise dispose of the same, or any part thereof, from time to time, as occasion may require, and to acquire other in the stead thereof; Provided always that the clear annual value of the real estate held by the said corporation at any one time shall not exceed five thousand dollars. The property, 2. The property, claims, demands of and debts due to either etc., of former of the said two corporations at the time of the passing of this vested in the Act shall be and are hereby vested in the corporation hereby present corpor- constituted, and the said corporation shall be liable for all debts, obligations and liabilities of either of the said corporations. ation. Officers and 3. The affairs and business of the said corporation shall be management. managed by a council composed of a president, a first and a second vice-president, a secretary, a treasurer, a librarian, a curator, and three 1869. OTTAWA LITERARY AND SCIENTIFIC SOCIETY. CAP. 61. three other members, to be elected at the annual meeting of the members, in accordance with the by-laws framed as hereinafter set forth; and any three members of the said council, called together in accordance with the said by-laws, shall form a quorum for the transaction of business. 191 4. The members of the corporation hereby constituted shall, By-laws, how within one month after the passing of this Act, be called to- enacted. gether by the presidents of the two societies hereby amalgamated at the time of the passing of this Act, or in case of the death or absence from the Province of either of them, then by the other of them, and in case of the death or absence as aforesaid of both, then by any three members of the corporation hereby constituted, in such manner and with such notice as they or he shall see fit, for the purpose of framing a code of bylaws for the government of the said corporation; and such bylaws as may at such meeting, by a majority of the members then and there present, be agreed upon, shall be the by-laws of the corporation hereby created, subject to alteration, repeal and amendment as hereinafter provided; and at such meeting the persons or one of the persons calling the same, or if no such person be present, then such member of the corporation as shall be designated by the majority of the members present shall preside, and may adjourn the meeting to a future day, if necessary, for the completion of the business commenced thereat. 5. It shall be lawful for the said corporation to repeal or By-laws, how amend the said by-laws, or any of them, from time to time, in repealed, accordance with the provisions of the by-laws of the corpora tion in that behalf; Provided that no by-law shall be valid un- confirmation til it shall have been approved at the said first meeting, or at of. an adjournment thereof, or at a regular meeting of the society, of which due notice shall have been given, and at which not less than seven members shall be present. 6. The present officers of the two societies shall be the coun- Present officil of the corporation hereby constituted until other officers cers continued. shall be elected according to the said by-laws. 7. The said corporation shall at all times, when required so Return of proto do by the Lieutenant-Governor, or by the Legislative Assem- perty, etc. bly, make a full return of all property, real or personal, held by it, with such details and information as may be by the Lieutenant-Governor or the Legislative Assembly demanded. of by-laws. 8. In any action to which the corporation may be a party, Evidence by any member or officer of the corporation shall be a competent member, and witness; and a copy of any such by-laws or by-law as aforesaid bearing the seal of the corporation and the signature of some person purporting to have affixed such seal by authority of the corporation, shall be prima facie evidence of such by-law. Evidence of membership. 9. Any roll or list of members purporting to be signed by any person to the intent that he may become a member of the society, shall be prima facie evidence of such membership, and of his having taken upon himself all obligations and liabilities mentioned in any heading to the same. Preamble. In arbitrating CAP. LXII. An Act to facilitate the withdrawal of the Town of Perth in the County of Lanark from the jurisdiction of the Council of the County of Lanark, and to provide for the liability of the Town for its share of the County debt. [Assented to 24th December, 1869.] WHEREAS a by-law was duly passed by the municipal council of the town of Perth, to withdraw the said town from the jurisdiction of the county council of the county of Lanark, and was assented to by the municipal electors of the said town, and it is found that the only existing debt of the said county is the debt contracted by the united counties of Lanark and Renfrew, under the Municipal Loan Fund Act, towards the payment of which the sum of five cents on the dollar on the assessed yearly value, or on the interest of the assessed value of the assessable property in the municipality requires yearly to be paid, until the whole of the said debt is extinguished, and the "Brockville and Ottawa Railway Company" to whom was loaned the money so borrowed from the said Fund, are bound to pay the said yearly charge; and whereas doubts have arisen whether under the terms of the "Municipal Institutions Act," the award of the arbitrators appointed under the said Act, should ascertain and define a certain proportion of the said debt as chargeable to the said town; and whereas the municipal council of the said town have petitioned that the liability of the town should remain and continue such as it now is under the “Municipal Loan Fund Act," and that no change or variation of any kind should be made in its liability thereunder, and that in order thereto all power to deal in any way with the said debt should be withdrawn from such arbitrators, and that the rights and liabilities of the said town with regard to the said debt, should continue to be regulated by the provisions of the statute in that behalf; and it is expedient to grant the prayer of the petitioners; Therefore Her Majesty, by and with the advice. and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. That the arbitrators in determining the amount payable on the sum to annually by the town of Perth to the corporation of the county be paid by the of Loan Fund of Lanark, under the provisions of the "Municipal Institutions town, the Act," shall not take into consideration anything relating to the Municipal 'Municipal Loan Fund" debt of the county, or the amount debt not to be which should be payable by the town respecting the same; but considered. the same is hereby withdrawn from their consideration as if there did not exist any such debt of the said county, and their award shall be valid and binding, notwithstanding that the said debt be not taken into consideration therein. 2. The town of Perth shall at all times after the withdrawal The town to thereof from the jurisdiction of the county council of the county continue liable for Municipal Lanark, remain as before said withdrawal, subject to its share Loan Fund of the said debt above recited, and under the same liability re- debt. lating thereto, as if the withdrawal had never taken place; and for all the rights, liabilities and remedies connected with the said debt, the said town shall be considered as at present under the jurisdiction of the said county council, and shall with all its municipal officers continue to be subject to the regulations of the "Consolidated Municipal Loan Fund Act," and all other statutes relating thereto. CAP. LXIII. An Act to divide the Township of Marysburgh into two Municipalities. [Assented to 24th December, 1869.] THEREAS certain of the inhabitants of the Township of Preamble. Marysburgh, in the County of Prince Edward, have by their petition represented that it would greatly promote the prosperity of the said Township to divide the same into two distinct Municipalities: Therefore Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: tain purposes 1. Upon from and after the first day of January, one thou- Marysburgh sand eight hundred and seventy-one, that part of the present divided for cerTownship of Marysburgh lying to the north-west of the road al- into lowance, between the first and second Concessions, north of Black River, together with Waupoos Island, shall form and become for all Municipal and election purposes a separate and independent Township and Municipality to be called the Township North Marysof North Marysburgh, and shall be such separate Municipality burgh, for all Municipal, school, judicial and other purposes whatsoever, in the same manner to all intents and purposes as though the said North Western section of the Township of North Marysburgh had never formed part of the said Township; and the said Township of North Marysburgh hereby erected, shall enjoy and exercise M |