CAP. XIX. Preamble. 7th W. IV. c. 3, cited. An Act to confirm certain Rules, Orders and Regulations made by the Chief Justice and Judges of Her Majesty's Court of Queen's Bench for Canada West. [12th October, 1842.] HEREAS the Chief Justice and Judges of Her Majesty's Court of Queen's Bench for Canada West have, under the authority of the Act of the Legislature of the late Province of Upper Canada, passed in the seventh year of the Reign of His late Majesty King William the Fourth, and intituled An Act for Act of U. C. the further amendment of the Law, and the better advancement of Justice; made certain Rules, Orders and Regulations concerning the mode of pleading in the said Court, and the mode of entering and transcribing pleadings, judgments and other proceedings in actions at Law, and the payment of costs, and have caused the same to be laid before both Houses of the Legislature, in the present Session, being the next after the making thereof: but whereas the said Rules, Orders, and Regulations were not so laid before both Houses of the Legislature within five days after the meeting of the Provincial Parliament, as required by the said Act, and it becomes necessary to remedy this omission; and whereas by the said Act it is provided, that no such Rule, Order or Regulation shall have effect until six weeks after the same shall have been laid before both Houses of the Legislature as aforesaid, and doubts might arise as to the effect thereof, if the Provincial Parliament were prorogued before the expiration of the said term of six weeks, and it is expedient to give effect to the said Rules, Orders and Regulations, and to avoid any such doubt as aforesaid; Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, intituled An Act to Re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same that the Rules, Orders and Regulations mentioned in the preamble to this Act, made in Easter Term in the fifth year of Her Majesty's Reign, and in the year of Our Lord one thousand eight hundred and forty-two, and signed by the Chief Justice and Judges of the said Court of Queen's Bench at Toronto, on the twentieth day of Canada April, in the year last aforesaid, shall have effect from the day hereinafter mentioned, as if they had been laid before both Houses of the Legislature within five days after the commencement of the present Session, and that notwithstanding any prorogation of the Provincial Parliament before the said Rules, Orders and Regulations Certain Rules Orders and Regulations, made by the Court of Queen's Bench for West, under the said Act confirmed. Regulations shall have laid six weeks before both Houses of the Legislature, the same shall have effect as if the Session had continued during six weeks after they were so laid before the said Houses of the Legislature. II. Provided always, and be it enacted, that the said Rules, Orders and Regulations shall have effect, from and after the last day of Trinity Term next, after the passing of this Act, and not before. Time from which the same sha 1 take effect. CAP. XX. An Act to extend the time for the payment of the Loan to the Cobourg Harbour Company. WHE [12th October, 1842.] Preamble. Act of U C. Will. 4. c. 22. cited. HEREAS by an Act of the Parliament of that part of the Province formerly called Upper Canada, passed in the second year of the Reign of Our late Sovereign King William the Fourth, intituled An Act to authorize a Loan to the President, Directors and Company of the Cobourg Harbour, it is among other things in effect enacted, that the money to be borrowed by the Company under the said Act, shall be repaid at a period not exceeding ten years from the date of the Debentures, and whereas the repayment of the said sum, and the interest, has been secured on real property, and part of the said interest paid; And whereas it is expedient to extend the time for the payment of the said sum; Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, intituled An Act to Re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, that no proceeding shall be taken to compel payment of the the surety or sureties for the payment of the Loan of Three thousand pounds, to the Cobourg Harbour Company, authorised by the said Act of Parliament, of that part of this Province formerly called Upper Canada, to pay the same, or to enforce a forfeiture of the lands mentioned in the bonds, or other security or securities given by the said surety or sureties, for and during the space of five years, from and after the passing of this Act, unless arrears of interest due by the said sarety or sureties shall remain unpaid for any period exceeding one year after the same become due: Provided always, that the interest on the said Loan remaining unpaid at the time of the passing of this Act, shall be fully paid Further time given for the Loan. Proviso. paid within the period of six months, from and after the passing of this Act : Provided also, that the security or securities for the payment of the said Loan shall remain and be in full force, except as to the extension of the time of payment given by this Act. CAP. XXI. Preamble. cited. An Act to change the place of the Registry Office for the County of WHEREAS it is expedient to change the place of the Register Office established in the County of Middlesex under the authority of the Act of the Legislature of the late Province of Upper Canada, passed in the thirty fifth year of the Reign of His late Majesty King George the Third, and intituled An Act Act of U.C. for the Public Registering of Deeds, Conveyances, Wills and other Incumbrances 35 Goo. 3, c.5, which shall be made, or may affect any lands, tenements or hereditaments, within this Province; Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled An Act to Re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, that the Register The Register Office established in and for the County of Middlesex under the authority of dlesex removed the Act cited in the Preamble to this Act, and which has hitherto been kept to the Town of in the Township of Dunwich, in the said County, shall from and after the first day of May in the year of Our Lord one thousand eight hundred and forty three, be removed to and kept at the Town of London in the County aforesaid; any thing in the said Act, or any appointment of the place of keeping the said Öffice made under it to the contrary notwithstanding. Office for Mid London. Preamble. CAP. XXII. An Act to grant further powers to the Montreal Fire Assurance W the Name of the said Corporation be changed in the manner hereinafter set forth; And it is expedient to grant the prayer of their Petition, subject to certain provisions and conditions; Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled An Act to Re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same that the Corporation established by the Ordinance of the Governor and Special Council of the late Province of Lower Canada, passed in the Session held in the Third and Fourth years of Her Majesty's Reign, and intituled An Ordinance to Incorporate certain persons 4 Vict. C. 37, therein mentioned, under the name of The Montreal Fire Assurance Company, cited. shall upon, from and after the first day of January one thousand eight hundred and forty three, be known and designated by the name of The Montreal Fire, Life and Inland Navigation Assurance Company, but such change of the corporate name of the said Corporation, shall not be construed to alter or affect its corporate powers, rights, obligations or liabilities, otherwise than as they are expressly altered or affected by this Act. II. And be it enacted, that the said Corporation may for the convenient conduct and managing of the business they are authorized to carry on either by the said Ordinance or by this Act, and for no other purpose whatever, hold lands and real property to the yearly value of Five hundred pounds, currency, over and above the yearly value of Five hundred pounds, currency, to which they are enabled to hold such property by the said Ordinance; that is to say; to the yearly value of One thousand pounds, currency, in all: and the said Corporation shall with regard to the real property they may hold under this Act, have the same powers as with regard to that held under the authority of the said Ordinance. III. And be it enacted, than when and so soon as the amount of the Stock of the said Corporation actually subscribed for shall be equal to the sum of two hundred thousand pounds, currency, and a sum equal at least to ten per cent on the whole of the Capital Stock then subscribed for shall have been paid up and shall be in the hands of the said Corporation and at their disposal, and not before, it shall be lawful for the said Corporation to make contracts and to grant Policies of Assurance on any life or lives, or on any contingency depending on the continuance of any life or lives, or the death of any person or persons, and to grant or purchase annuities, and to assure provision for widows and children, and generally to make all such contracts of Assurance depending on any such contingency Ordinance 3 & Nama altered. Contracts of against losses in Inland Navigation. And may make contingency as aforesaid, as shall not be contrary to good morals or to the Laws of the land, and also to make contracts and grant Policies of Assurance, against all losses or damages to Ships, Vessels, Steamboats, Barges and other Craft of what kind soever navigating (whether within or without the limits of this Province,) upon the waters of the River St. Lawrence, within or above the Port of Quebec, or of the River Ottawa, or of the Lakes Superior, Huron, Michigan, Erie or Ontario, or upon any of the Rivers and Fresh Waters connected with the said Rivers and Lakes, or with any of them, and against any loss or damage of or to any cargo, or property on board of any such Ships, Vessels, Steamboats, Barges or other craft, or of or to any timber or other property of any description rafted, floated, or conveyed upon any of the said Waters, such contracts and policies not being contrary to good morals or to the Laws of the land: Provided always, that no policy of Assurance shall be at any time opened by the said Corporation under the authority of this Act, unless a sum at least equal to ten per cent on the Capital then subscribed for, after paying all lawful demands on them, shall be then paid up and in their hands, and at their disposal as aforesaid; and for each and every offence against the provisions of this section, the Corporation shall be liable to a judicial forfeiture of all the privileges and advantages conferred on them by the said Ordinance or by this Act. Proviso. No Contract to be made unless the Company have a certain amount of stock paid up. How Policies may be signed and authenti cated. done under this Act, IV. And be it enacted, that all Policies of Assurance whatever, made under the authority of this Act, or of the Ordinance aforesaid, which shall be subscribed by any three Directors of the said Corporation, and countersigned by the Secretary and Manager, and shall be under the Seal of the Corporation, shall be binding upon the Corporation, though not subscribed in the presence of a Board of Trustees, provided such Policies, be made and subscribed in conformity to a Eyelaw of the Corporation. Certain proV. And be it enacted, that all the provisions of the sixth section of the said visions of the Ordinance relative to the lists and statements of their affairs and business thereOrdinance extended to the by required to be furnished to the Governor, Lieutenant Governor or Person business to be administering the Government of this Province, shall extend to their affairs and business transacted under the authority of this Act; as shall also all other provisions of the said Ordinance which may be applicable to such business and affairs except in so far as expressly derogated from by this Act: Provided always, that the lists and statements of the affairs of the said Corporation required by the said Ordinance and by this Act, shall be furnished annually, and shall by` the Corporation be transmitted to each of the three Branches of the Legislature, within the first ten days of each Session thereof. Proviso. Non-user. VI. And be it enacted, that this Act shall not be forfeited for Non-User at any time before the first day of January, one thousand eight hundred and forty five. VII. |