Page images
PDF
EPUB

RAILROADS.

ACT 13 8. 14 VIC. CAP. 72.

An Act to amend and extend the provisions of an Act passed in the twelfth

year of Her Majesty's Reign, intituled, An Act to authorize the formation of Joint Stock Companies for the construction of Roads and other Works in Upper C'anada.

[10th August, 1850.]

Preamble. T HEREAS it is expedient and desirable, with a view to the

introduction of British capital and enterprise into this Province, to amend and extend the provisions of an Act passed in the twelfth year 13

12 Vic. c. 84,

cited. of Her Majesty's Reign, intituled, An Act to authorize the formation of Joint Stock Companies for the construction of Roads and other Works in Upper Canada, and to adapt the same to Rail and Tram Roads, and to enlarge the same so as to enable Companies of Her Majesty's subjects formed in Great Britain or Ireland to take the benefit thereof: 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 ot 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 Govern- And extended to

rall and tram ment of Canada, and it is hereby enacted by the authority of the same,

roads, and to That ihe several powers and privileges in the said recited Act men- companies in the tioned, as far as the same may be applicable, shall extend and be United Kingdom. considered to apply to roads made of charcoal and to all Rail-roads or Tram Roads, whether the same shall be constructed of iron or wood or stone or partly of any of the said materials, and also to all companies formed or to be formed in Great Britain or Ireland, whether chartered, registered or otherwise legally constituted. Il. And be it enacted, That in any such Company, as shall or may Amount of shares

in such compabe desirous of acting under the provisions of the said recited Act or this nies. Act, the shares for the purposes of the said Acts, shall be of the same amount as those already mentioned in the charters, deeds of settlement or constitutions of any such Company, instead of the sum of five pounds in the said recited Act mentioned. III. And be enacted, That any such Company in Great Britain or Commissioners

to be appointed. Ireland, desirous of acting under the provisions of the said Acts, or in Upper Canada either of them, shall appoint one or more Commissioners in Upper Canada, who shall have the same powers and privileges, and act in the same manner, as if such Commissioners were directors of such Company, duly elected, and acting under the provisions of the said Acts. IV. And be it enacted, That any one of such Commissioners shall One to act as

president and be also considered as the presiding officer and Treasurer of such Com- treat

treasurer. pany, for the purposes in the second and fourth sections of the said Act mentioned. V. And be enacted, That any rail or tram road to be erected or made Railor tram road

to be subject to under the provisions of this Act, shall be subject to such supervision any general railand control by the Governor and Council of this Province, as well as to road Act. tates of toll and charges, as to all other matters relating to such rail or tram road, as shall or may at any time be directed by any statute passed or to be passed for the general supervision and control of Rail-roads in bis Province.

Time for completing aliy railroad, &e.

VI. And be enacted, That for and notwithstanding any thing in the twenty-first section of ihe said recited Act, the time for completing any Rail or Tram road shall be extended to the period of five years.

VII. And be it enacted, That any suit, action or proceeding, for any cause of action arising under or out of the provisions of this Act, shall and may be brought against any such Company of Great Britain or Ireland by service of any process or proceeding upon any Commissioner of such a Company resident in Upper Canada.

How suits may brought against such companies.

[merged small][merged small][ocr errors]

An Act to repeal the Acts and provisions of Law relative to Assessments and matters connected therewith in Upper Canada.

[101h August, 1850.] Preamble. W HEREAS it is expedient to repeal the several acts and provisions

W of Law relating to assessinents and local taxation, and to statute labour, in Upper Canada, to the end that inore equal and just provisions may be made with regard to the matters 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 Certain Acts

Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite repealed.

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 Acts of U. C. 596.3. the Act of the Parliament of Upper Canada, passed in the second Sesc. 7, assessmenis. sion held in the fifty-ninth year of the Reign of King George the Third,

and intituled, An Act to repeal the several Laws now in force relative to levying and collecting rates and assessments in this Province, and further to provide for the more equal and general assessment of lands and other rate

able property throughout this Province,-and the Act of the said Parlia53 G. 3, (sess. 2,)

ment, passed in the Session last aforesaid, and intituled, An Act to c. 8, highways.

repeal part of and amend the Laws now in force for laying out, amending and keeping in repair the Public Highways and Roads in this Province, and the Act of the said Parliament, passed in the second Session held in the fourth year of the Reign of King George the Fourth, and intituled,

An Act to amend and make perpetual an Act passed in the fifty-ninth year 4 G. 4, (sess. 2,) of His late Majesty's Reign, intituled, 'An Act to repeal part of and c. 9, "highways. amend the Laws now in force forlaying out, amending and keeping in iepair

... the Public Highways and Roads in this Province, and also to amend an

Act passed in the fiflieth year of His late Majesty's Reign, intituled, . An aca (sega. Act to provide for the laying out, amending and keeping in repair the Pubc. 10,"highways. lic Highways and Roads in this. Province, and to repeal the Laws now in

force for that purpose,-and the Act of the said Parliament, passed in the Session last aforesaid, and intituled, An Act to repeal part of and amend an Act passed in the fiftieth year of His late Majesty's Reign, intitued, An Act to provide for the laying out, amending and keeping in repair the Public Ilighways and Roads in this Province, and to repeal the Laws now in force for that purpose, and also to repeal part of and amend the provisions of an Act passed in the fifty-ninth year of His late Majesty's Reign, intituled, 'An Act to repeal part of and amend the Laws now in force for laying out, amending and keeping in repair the Public Highways and Roads in this Province,'--and the Act of the said Parliament, passed in the sixth year of the Reign last aforesaid, and intituled, An Act to 6 G. 4, c. 7. amen: and make permanent à certain Act of the Parliament of this Pro- assessments. vince, passed in the fifty-ninth year of the Reign of His late Majesty King George the Third, intituled, in Act to repeal the several Laws now in force relative to levying and collecting rates and assessments in this Province, and further to provide for the more equal and general assessment of lands and other rateavle property throughout this Province, and to render more effectual the several Laws of this Province imposing rates and assessments, by providing, under certain restrictions, for the levying such rates and assessments by the sale of a portion of the lands on which the same are charged and the Act of the said Parliament, passed in the ninth year of the Reign last aforesaill, and intituled, An Act to amend the Assess. 9 G. 4, c. 3, ment Laws of this Province, and the Act of the said Parliament, passed

assessinents. in the seventh year of the Reign of His late Majesty King William the Fourth, and intituled, An Act to amend the Laws now in force regulating 7 w.4, c. 19, the sale of lands for arrear of taces, and for other purposes therein men- assessinents. tioned, and the Act of the said Parliament, passed in the third year of Her Majesty's Reign, and intituled, An Act to compel certain persons not 3 V. c. 10. Stat

ute labour, Acts assessed to perform Statute Labour,--and the Act of the Parliament of

of Canada, 8 V. this Province, passed in the eighth' year of Her Majesty's Reign, and c. 22. Wellington intituled, An Act to provide more effectually for the collection of certain district. arrears of taxes on lands in the District of Wellington and other Districts, and better to define the limits of the said District of Wellington,-and the Act of the said Parliament, passed in the Session held in the tenth and eleventh years of Her Majesty's Reign, and intituled, An Act to provide 30 & 11 Vic. C. for an assessment of real and personal property in the Town of Brockville, 4

nertu in the Town of Brockerille 44. Brockville. according to the annual value or rental thereof, and for other purposes and so much of the several Acts mentioned in the Schedules annexed to the Act of the said Parliament, passed in the twelfth year of Her Majesty's Reign, and intituled, An Act to repeal the Acts in force in Upper Parts of 12 Vic. Canada, relative to the establishment of Local and Municipal Authorities, c. 80. and oiher matters of a like nature, as established, provide for or regulate the assessment or mode of assessment, or the property to be assessed, or any matter relating to the same, in any of the Cities or liberties thereof, Towns or Villages to which such Acts respectively refer,--and Other enactall Acts or parts of Acts, and all by-laws, rules and regulations of the ments. Municipal Corporations of the Townships, Villages, Towns or Cities, or of the District or County Municipal Councils, or other local authorities in Upper Canada, imposing rates or assessments, or providing for the collection thereof, and all Acts and parts of Acts inconsistent with this Exception. Act,--shall be and the same are hereby repealed, except in so far as the same or any of them repeal any former or other Acts, or parts of Acts, by-laws, rules or regulations, and except in so far as the same may affect any rates or taxes for the present year, or any rates or taxes which have accrued and are actually due, or any remedy for the enforcement or recovery of such rates or taxes not otherwise provided for by this Act. . II. And be it enactell, That this Act shall cominence and have force Commenceinent and effect upon, from anıl after the first day of January, one thousand of Act. eight hundred and fifty one, and not before.

[merged small][ocr errors][ocr errors]

An Act io establish a more equal and just system of Assessment in the several Townships, Villages, Towns and Cities in Upper Canada.

[10th August, 1850. Preamble.

W HEREAS by an Act passed during the present Session, the

W several Acts and parts of Acts regulating Assessmenis and the liability to statute labour, in Upper Canada, and all By-laws, Rules and Regulations of the several Municipal authorities in Upper Canada imposing Rates and Assessments, or providing for the collection thereof have been repealed, and it is expedient to provide a more equal and just system of Assessment for Municipal and local objects and purposes, in the several Townships, Villages, Towns and Cities in Upper Canada : 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 What property is

authority of the same, That for all purposes for which local and direct liable to taxation. taxes are or shall be levied by authority of law, unless the same shall

be otherwise specially provided for by law, all land and all such personal property as is hereinafter defined in Upper Canada, whether

owned by individuals or copartners, or corporations, shall be liable 10 As to lands of the taxation, subject to the exemptions hereinafter specified ; and the

occupant of any land belonging to Her Majesty shall be liable to taxation for the land so occupied, but such land shall not be chargeable for

the same. Certain expres II. And be it enacted, That the term “ Land," as used in this Act, sions interpreted. shall be held to include the land itself, all buildings and other things

erected upon or affixed to the same, all trees and underwood growing thereupon, and all mines, minerals, quarries and fossils in and under the same, except mines belonging to Her Majesty, Her Heirs or Successors; and the terms “ Real Estate,” and “ Real Property," whenever they occur in this Act, shall be construed as having the same meaning

as the term “ Land,” thus defined. Cerrain expres- III. And be it enacted, That the terms “ Personal Estate” and sions interpreted. “ Personal Property," whenever :hey occur in this Act, shall be con.

strued to include all such goods, chattels, and other property, as are enumerated in the Schedule A, hereunto annexed, and no other; and the term “ Property'' shall include both real property and personal

property as above defined. As to persons de IV. Provided always, and be it enacted, That no person deriving riving income

income from any trade, calling, office, or profession, exceeding the from certain sources.

amount of Fifty Pounds per annum shall be assessed for a less sum ar the amount of his neit taxable personal property, than the amount derived from such income during the year then last past, but such last year's income shall be held to be his nett taxable personal property,

[ocr errors]

unless he has other taxable personal property to an equal or greater
amount.
V. And be it enacted, That the following property shall be exempt

What property

shall be exempt · from taxation :

from taxation. First.-All estate and property belonging to or vested in Her Majesty, Her Heirs and Successors, or held by Her Majesty in trust for or for the use of any tribe or body of Indians, or vested in any public body, officer, person or party in trust for Her Majesty, or for the public uses of the Province, save as hereinbefore provided as to any private occupant of such property.

Secondly. Every place of worship-every church-yard or buryingground, the real estate of every university, --college-incorporated Grammar School or other seminary of learning, actually used and occupied by it, but not if occupied by others or unoccupied,- every public School-House,Town or City Hall,-every Court House and Gaol, House of Correction and Lock-up House, and the land attached theretog-every Public Hospital with the land attached thereto, or on which the same are erected, and the personal property belonging to each of them,-every Public Road and Way, or Public Square, and the property belonging to any Township, Village, Town, City or County, if occupied for the purposes thereof, or unoccupied :

Thirdly.--The Provincial Penitentiary and the land attached thereto: Fourthly. Every Industrial Farm, Poor House, Alms-House, House of Industry or Lunatic Asylam, and every house belonging to a company for the reformation of offenders, and the real and personal property belonging to or connected with the same :

Fifthly.The property of every Public Library.

VI. And be it enacted, That all taxes to be levied under this Act or Local taxes to be the Act passed in the twelfth year of Her Majesty's Reign, and intituled, levied o problems

generally, and not An Act to provide by one. General Law for the erection of Municipal on any kind in Corporations, and the Establishment of Regulations of Police, in and for particular. the several Counties, Cities, Towns, Townships and Villages in Upper Canada, or under any other Act past or to be passed whereby any local or direct taxes have been or shall be authorized to be levied, and when no other express provision shall be made in this respect, shall be levied upon the whole taxable real and personal property of the locality to be iaxed, in proportion to the assessed value thereof, and not upon any one or more kinds or species of property in particular.

VII. And be it enacted, That all lands shall be assessed in the Town- In what places ship, Village, or Ward in which they lie, and in the name of and against shall be assessed. the owner thereof, if known, and if he resides or has a legal domicile, and against when the assessment shall be made, within such Township, Village or

whoin. Ward, or the Town or City in which it is included, and if such lands be occupied by such owner or wholly unoccupied; but if the owner be not so resident or be unknown, and the land be occupied, it shall be assessed in the name of and against the occupant; and occupied land owned by a party residing or having a legal domicile in the Township, Village, Town or City where the same is situate, but occupied by another party, may be assessed in the name of and against the owner or the occupant (inserting the names of both in the Roll with the word “or” between them, and notifying both in the manner hereinafter provided ;) and the taxes thereon may be recovered from either or from any future owner or occupant, saving his recourse against any other party; and if any land as to joint he owned or occupied by more than one party, then any one or more of owners or occuthem may be deemed the owner or owners, occupant or occupants, and shall be liable accordingly, saving his or their recourse against the others: and any occupant may deduct from his rent any taxes he may

Remedy of occu

pant paying have paid, if the same could also have been recovered from the owner, taxes."

pants.

« PreviousContinue »