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Act of U. C. 7,
W. IV. c. 92,

holders in that work of the stock by them held, and which amounted to the sum of one hundred and seventeen thousand, eight hundred pounds, it was, amongst other things, enacted that it should and ought to be lawful for Her Majesty's Receiver General, upon an order to that effect from the Governor, Lieutenant Governor, or person administering the Government of this Province, to issue such number of debentures as might be required, to the Several Stockholders in in the Welland Canal for a sum equal to the amount of stock held by him or them, and that such debentures should be made redeemable in twenty years from their date, and should bear an interest of two per cent. per annum on the amount for which they might be issued, for the first two years, three per cent. for the third year, four per cent. for the fourth year, five per cent. for the fifth year, and six per cent. for the sixth and following years, which interest and principal sumn should be chargeable on and payable out of the public revenues of the Province, and that whenever the tolls collected on the said Canal should annually amount to the sum of thirty thousand pounds, it should be lawful for the Governor, Lieutenant Governor, or person administering the Government to authorize and direct the Receiver General of this Province to issue other debentures to the original Stockholders, or their legal representatives, for such sums as would make up six per centum interest upon the amount of stock by them subscribed and paid for, from the time the same should have been actually paid, which debentures were to be made payable in twenty years from the date thereof, and were to bear interest at the rate of six per centum per annum, payable half yearly out of the public revenues of this Province, and that nothing in the said Act contained should be construed to compel any Stockholder to accept debentures for the stock held by him as aforesaid, or, in case of refusal to receive the same, to deprive him from being paid from the tolls and revenues of the Canal, according to the laws then existing having relation to the said Canal: And whereas, by a certain Act of the Parliament of Upper Canada, passed in the seventh year of the Reign of His late Majesty King William the Fourth, intituled, "An Act to provide for the permanent completion of the Welland Canal, and for other purposes therein mentioned," provision is made for raising, by way of public loan, the sum of two hundred and forty five thousand pounds for the purposes of the said Act, and that the tolls received upon the said Canal, after deducting the amount required for the charges then made thereon by law, or so much thereof as might be necessary, should in the first place be applied to discharge the interest which should accrue upon the said sum of two hundred and forty five thousand pounds, and that the remainder of the income received by the said Company should be divided among the private Stockholders until it should equal six per cent. on the amount of their investments: And whereas, by reason of difficulties arising from the state of the Provincial finances of Upper Canada aforesaid, a small part only of the said sum of two hundred and forty five thousand pounds, was actually raised, and the Canal

was

was therefore not completed by means of the said loan: And whereas, the said Canal is in progress of completion by means of other and larger sums of money received for that purpose than the sum provided to be raised under the said Act: And whereas therefore, the circumstances contemplated by the said Act, under which the said private Stockholders were to have received dividends from the income of the said Canal have not arisen and cannot now arise, and it is therefore expedient to repeal the said provision for the payment of such dividends: And whereas, it is represented to be for the interest of the private Stockholders aforesaid that the said first in part recited Act should be repealed, and other provisions enacted in lieu 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 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 said first in part recited Act, and the said Act of the Parliament of Upper Canada, in so far as the same relates to the division of the income of the said Canal, or any part thereof, amongst the private Stockholders, shall be and the same are hereby repealed, except in so far as the same repeal any former Act or Acts of the Parliament of Upper Canada or of this Province.

II. And be it enacted, that there shall be charged upon the Consolidated Revenue Fund of this Province, for the benefit of the private Stockholders in the said Welland Canal, the sum of one hundred and seventeen thousand eight hun dred pounds, currency, of this Province, with interest thereon, from the first day of January, in the year of our Lord one thousand eight hundred and forty-three. III. And be it enacted, that it shall and may be lawful for the Governor of this Province in Council, to direct the Receiver General of this Province to issue such number of Debentures as may be required, to the private Stockholders in the Welland Canal Company, not exceeding the said sum of one hundred and seventeen thousand eight hundred pounds, currency, at a rate of interest not exceeding five per cent. per annum, if the said Debentures and Interest shall be payable in England, or not exceeding six per centum per annum, if the said Debentures and Interest shall be made payable in Canada; and that the Debentures or other securities to be issued shall bear date the first day of January, in the year of our Lord one thousand eight hundred and forty-three, and the interest thereon shall be payable from thence on the first day of January next succeeding the issue thereof, and from thence half-yearly on the first day of July and the first day of January, in each year, until the principal sum shall be paid, and such principal sum shall be made payable in twenty years from the date of the said Debentures.

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To whom such debentures

IV. And be it enacted, that it shall and may be lawful for the Governor of this may be issued. Province in Council, to direct the issue of the said Debentures to the private Stockholders according to their respective claims, and such Debentures shall bear the rates of interest above mentioned, and shall be payable either in London or in this Province, as such private Stockholders shall respectively desire, and at such place therein as the Governor in Council shall direct and appoint: Provided always, that nothing in this Act contained shall be held to invalidate or make void any Debentures heretofore issued under the said first in part recited Act.

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A yearly

charge made on the Revewhen the Tolls

nue Fund

on the Canal amount to

£45,000 year

ly.

New deben

then issued.

V. And be it enacted, that it shall and may be lawful for the Governor of this Province in Council to direct the substitution of the Debentures to be issued under this Act, in lieu of the said Debentures already issued, upon application of the party holding the same.

VI. And be it enacted, that so soon after the completion of the said Canal as the tolls received thereon for any one year shall amount to the sum of forty-five thousand pounds, currency of this Province, there shall be charged upon the Consolidated Revenue Fund thereof an amount equal to six per centum per annum on the private stock subscribed from the time the same has been paid in, for the benefit of the private Stockholders aforesaid, or their legal representatives.

VII. And be it enacted, that it shall be lawful for the Governor of this Province tures may be in Council, at any time after such receipt of tolls, to direct to be issued to such private Stockholders or their legal representatives, Debentures for the amount of their respective claims, bearing interest and payable in the same length of time after their issue, and at the same places, respectively, as if the same were issued under the foregoing provisions of this Act to the private Stockholders aforesaid for the principal sum invested by them.

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VIII. And be it enacted, that in case any certificate or certificates, or other documents, have been issued to any of the said private Stockholders, or their legal representatives or assigns, signifying that they or any of them are or shall be entitled to receive the back interest mentioned in the said first in part recited Act, or Debentures therefor, those who shall lawfully hold such certificate or other document, shall be entitled to the same payments or Debentures, and to none other than they would be entitled to under this Act if such certificates or other documents had never issued.

CAP

CAP. XXXV.

An Act to afford to persons having been Boundary Line Commis sioners a more easy and less expensive mode of recovering costs still due on Judgments rendered in that capacity.

[9th December, 1843.]

W payed in the first year of Her Majesty's Reign, and intituled,

HEREAS, by an Act of the Legislature of the late Province of Upper

Preamble.

Act of U. C. 1 V. c. 19,

An Act to authorize the Establishment of Boundary Line Commissioners within the
several Districts of this Province, power was given to the Commissioners appointed cited.
under the said Act in any District to issue their Warrant to levy by sale of
goods and chattels the costs of any Judgment given by the Board: And whereas,
the said Act has expired, and the persons who were Commissioners under the
same are unable by any summary proceedings to recover the amount of costs
incurred and due and payable on certain Judgments by them rendered, but which
cannot, in consequence of the expiration of the Act aforesaid, be recovered, except
by action at Law: And whereas it is expedient to afford to the said persons such
remedy in the premises, as is just and reasonable; Be it therefore enacted, by the
Queen's Most Excellent Majesty, by and with the advice and consent of the Legisla-
tive 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 Par-
liament of the United Kingdom of Great Britain and Ireland, intituled, An Act
to re-unite the Provinces of Upper and Lower Canadu, and for the Government of
Canada, and it is hereby enacted by the authority of the same, that the persons
having been Members of the Board of Commissioners of any District under the
aforesaid Act, or any of them, or the Executors or Administrators of any of them,
may file their Petition in the District Court of the District of which they were
Commissioners, which Petition shall set forth the amount and particulars of the
costs, charges and expenses on all the proceedings in any matters in which judg-
ments were actually rendered by them before the expiration of the Act aforesaid,
the name of the party or parties liable to pay the same, and the amount payable
by each of the said parties, respectively, with his or their respective places of
residence, and the nature of the claim or difference with regard to which such
costs, charges and expenses were incurred; and if on examination it shall appear
just and reasonable, the Court in term time, or any Judge thereof in vacation, on
the return of such petition, may order and direct a Writ of Execution to issue out
of the said Court, commanding the Sheriff or other proper officer to levy of the
goods and chattels of each party, respectively, the amount due by such party,
together with such portion of the costs to be taxed in the manner hereinafter

provided,

How Boun

dary Line Commission

ceed to recover their claims.

Court or

Judge may or der a writ of

Execution to issue.

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Court

tle costs.

or

provided, as may be payable by such party: Provided it shall appear that a copy of such petition has been served either in person or by leaving the same at the usual place of abode of the person or persons from whom such costs, charges and expenses are sought to be recovered, together with a written notice that on a day to be thereinafter mentioned, at least eight days after the service of such notice, the Court will be moved or the Judge will be applied to, to proceed on the petition in the manner provided by this Act.

II. Provided always, and be it enacted, that when the facts alledged in any petition to be filed as aforesaid under the provisions of this Act shall be controverted by any of the parties against whom it shall have been preferred, the answer or objection to the petition shall be made in writing in the form of a plea, to which the petitioner or petitioners may reply or demur, to the end that the matter in dispute may be reduced to an issue in law or fact, and receive a determination by the Court or by a Jury in the manner other issues are determined, and such issue shall be so determined accordingly.

III. And be it enacted, that the Court or Judge before whom any such petition Judge may set- shall be decided and adjudicated upon, may in his discretion grant or refuse the costs on the application, and if he shall grant the same he shall tax the costs and expenses on the proceedings consequent thereupon, and the portion thereof to be paid by each party, and if the same be not paid shall issue execution therefor against the goods and chattels of the party or parties against whom the decision or adjudication shall be given, and who shall not have paid such costs or the proportion thereof for which they shall be liable.

Preamble.

CAP. XXXVI.

An Act to prevent obstructions in Rivers and Rivulets, in Upper
Canada.

[9th December, 1843.]

HEREAS great inconvenience is occasioned by persons throwing Slabs, Bark, Waste Stuff, and other refuse of Saw Mills, Stumps and Waste Timber or leached ashes into the Rivers and Rivulets in Upper Canada, and it is expedient to prevent the said practice; 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

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