Lands held in situated for their purpose may be surrendered to the Crown, and sold, and the proceeds applied to the purchase of other lands. in some County or place, and for the benefit of the inhabitants thereof generally, and that such lands may be found not to afford the most advantageous site for such School or Institution, or there may be no School or Institution bearing the precise designation mentioned in the deed of surrender, grant, devise or other conveyance, or that it may be for the benefit of such School or Institution that such lands be disposed of and others acquired in their stead for the same purpose, or the proceeds of the sale applied thereto : 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, as follows: I. In any of the cases mentioned in the Preamble of trust for Edu- this Act, it shall be lawful for the Trustees of any Grammar cational Pot School or Institution or other party in whom any lands shall be poses, and conveniently vested in trust as therein mentioned, with the consent of the Municipal Council of the Municipality in which such School or Institution is or is to be established, to surrender and convey such lands to the Crown unconditionally; and any lands so surrendered, as well as any lands which have been or may hereafter be surrendered, granted, devised or otherwise conveyed to the Crown for any such purpose as aforesaid, may be sold by order of the Governor in Council, and the proceeds applied to the purchase of other lands to be vested in the Crown for the purposes of the same School or Institution, or in the case of there being no School bearing the precise designation intended as aforesaid by the party from whom the lands so sold came to the Crown, then for the purposes of the Grammar School or other Public Educational Institution established for the benefit of the Inhabitants of the Municipality generally, which shall, in the opinion of the Governor in Council, come nearest in its purposes and designs to that intended by such party as aforesaid; and if such proceeds are applied to the purchase of lands for Grammar school purposes, the title to such Lands may be vested in the Board of Trustees for any Grammar School, by their Corporate name: and if there be any surplus of such proceeds after such purchase, or if it be found that no lands are required as a site for or for other purposes of such School or Institution, then such surplus or proceeds (as the case may be) may be invested or applied for the purposes of such School or Institution in such manner as the Governor in Council shall deem most for the advantage thereof. If there be a surplus or no other lands required. Surrender, &c., to the Crown need II. It shall not be necessary that any such surrender, grant, devise or other conveyance to the Crown as aforesaid, be formally accepted by the Crown or by the Governor or other Officer ed. Officer or person for the Crown, but the same shall be valid, and not be forshall vest the lands absolutely in the Crown, without such ac- mally acceptceptance; and a certificate under the hand of the Head of the Municipality and the corporate Seal thereof, that the Municipal Council hath, by a majority of its members present at any legal meeting thereof, consented to any surrender for which such consent is necessary under this Act, shall be sufficient evidence of such consent. pur bound to see to trusts. III. No purchaser of land from the Crown under this Act Purchaser not shall be in any way bound to see to the application of the chase money by him paid, to the purpose to which it is to be applied. IV. Nothing in this Act shall be construed to impair the Rights of prirights of any private party in or upon any lands, in so far as vate parties such rights would have existed and could be exercised without not affected. this Act. ed to Trustees V. It shall be lawful for the Crown to grant to the Trustees Lands so surof any Grammar School or of any other Public Educational rendered, &c., Institution established for the benefit of the Inhabitants of the may be grant Municipality generally, any lands which have been or may of Grammar hereafter be surrendered, granted, devised or otherwise con- Schools, &c. veyed to the Crown as aforesaid. VI. This Act shall apply only to Lands and Educational Extent of Act. Institutions in Upper Canada. САР. СХХІІ. An Act to extend and continue the Act intituled, An Act to provide for the accommodation of the Courts of Superior Jurisdiction in Upper Canada, and for other purposes. [Assented to 19th May, 1855.] HEREAS the Law Society of Upper Canada in consi- Preamble. deration of the sum of six thousand pounds to them paid or to be paid in pursuance of the Act, intituled, An Act to pro- 9 V. c. 33. vide for the accommodation of the Courts of Superior Jurisdiction in Upper Canada, did on the twentieth day of June one thousand eight hundred and forty-six, covenant with our Sovereign Lady the Queen, to provide suitable accommodation for the Superior Courts of Law and Equity in Upper Canada at the seat of the said Society, for all time to come; And whereas for the purpose of carrying out the said arrangement, a tax or levy on certain proceedings in the Superior Courts of Law and Equity, and the Court of Appeal of Upper Canada, was authorized under and by virtue of the said recited Act; And whereas the Law Society of Upper Canada have in pursuance of the Debentures for £10,000 may be issued. Payment of interest and principal pro vided for. Act 9 V. c. 33 to apply to Debentures said arrangement made the necessary alterations and additions at Osgoode Hall in the City of Toronto, for the use of the said Courts; And whereas the said Society have by their Petition, dated Hilary Term 1852, represented, that in order to adapt their new building appropriately in its outward appearance to those already erected and to make adequate internal arrangements for the purposes intended, they were obliged to lay out and expend a much larger sum of money than was originally contemplated, and that consequently they now find themselves involved in a debt of four thousand pounds; And whereas since the date of the covenant so entered into by the Law Society as aforesaid, the Legislature has increased the number of the Superior Court in Upper Canada and thus occasioned the necessity for further accommodation and additional expenditure; And whereas it is expedient to assist the said Law Society in discharging the said debt of four thousand pounds, and it is further expedient to provide increased accommodation for the Superior Courts in Upper Canada, and in order to accomplish the same it is necessary to extend and continue the provisions of the said recited Act until the debt of the Law Society, and all costs of the said alterations and further accommodation shall have been discharged and paid: 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, as follows! I. For the purposes aforesaid, it shall and may be lawful for the Governor of this Province, to authorize the issue of debentures for the sum of ten thousand pounds, in such form and in such sums as may be found convenient; such debentures to be at a rate of interest not to exceed six per cent. per annum and redeemable within twenty years. II. For the purpose of paying the interest on such debentures and liquidating the principal thereof, there shall be levied, imposed and collected on the proceedings in Law and Equity in Upper Canada, the sums set forth in that behalf in the Schedule to the said recited Act, and law proceedings shall be subject to the said levy, whether had in the Court of Queen's Bench or in the Court of Common Pleas. III. All the provisions of the said recited Act, so far as the same may be applicable, are hereby extended to the debentures under this Act. to be issued under the authority of this Act, and to all matters relative to the said debentures, and to the sum to be thereby raised, in as full and ample a manner to all intents and purposes, as if the said sum of ten thousand pounds to be raised under under the authority of this Act, had formed part of the sum to be raised under the provisions of the said recited Act. IV. The Interpretation Act shall apply to this Act. CAP. CXXIII. An Act to explain and amend the Act establishing the W [Assented to 30th May, 1855.] Interpretation. HEREAS in appeals under the Act passed in the twelfth Preamble. year of the reign of Her Majesty Queen Victoria, and intituled, An Act to make further provision for the adminis- 12 V. c. 63. tration of Justice, by the establishment of an additional Superior Court of Common Law, and also a Court of Error and Appeal in Upper Canada, and for other purposes, from judgments, orders or decrees directing the payment of money, the perfecting of the security for such appeal may be deemed, notwithstanding the provisions of the said Act, not to be a stay of execution in the original cause, if execution shall have issued and a levy shall have been made by the Sheriff under the same, before the said security shall be perfected as directed by the said Act; And whereas it is proper that the perfecting of such security should operate to save the party or parties so appealing and desiring to stay execution, from being compelled to pay the said judgments, orders or decrees in the meantime 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, as follows: tion. 1. So soon as the security for appeal from judgments, orders On completion or decrees directing the payment of money, shall be perfected of Security, according to the said Act and the rules of Court framed under Appellant may obtain a the same, and such security shall have been allowed as thereby Judge's order directed, it shall and may be lawful for the Appellant or to stay execuAppellants, his or their Attorney, to apply to any Judge of either of the Superior Courts of Common Law or of the Court of Chancery of Upper Canada, and upon proof before such Judge that such security has been allowed under the said rules, it shall be lawful for such Judge, in his discretion, to issue his fiat to the Sheriff to whom any such execution may have issued, to stay the execution thereof, and the said execution shall thereby be deemed to be stayed whether a levy shall have been made under it or not. If the money over, it shall pellant. II. If, at the time of the receipt by such Sheriff of such fiat has been made or a copy thereof, the money shall have been made or received but not paid by him under any execution in such original cause as aforesaid, be paid to Ap- but not paid over by him to the party who issued the execution, his Attorney or Agent, it shall be lawful for the party or parties so appealing and desiring to stay such execution, to demand back from such Sheriff the amount he may have made or received under such execution, or so much thereof as may be in his hands not paid over as aforesaid, and in default of payment by the said Sheriff upon such demand, to recover the same from him in an action for money had and received. Commence ment of Act: It shall not affect suits now pending. Preamble. Title, &c., at III. This Act shall take effect from and after the first day of June next after its passing, and shall not in any manner affect any suit at Law or in Equity instituted before its passing. W CAP. CXXIV. An Act to amend the law as to Dormant Equities. [Assented to 30th May, 1855.] HEREAS by the Act to establish a Court of Chancery in Upper Canada, it was provided that the rules of decision in the said Court should be the same as governed the Court of Chancery in England; And whereas in regard to Mortgages under which, before the passing of the said Act, the estate had become absolute in law by failure in performing the condition, the said Act, after reciting that from the want of an equitable jurisdiction, a strict application to such cases of the rules established in England might be attended with injustice, did in effect enact that the Court so established should have power and authority to make such Order and Decree as to the said Court might appear just and reasonable under all the circumstances of the case, subject to the appeal thereby provided; And whereas in regard to claims upon or interests in real estate, arising before the passing of the said Act, it is just to restrict the future application of the said rules of decision to cases of fraud, and in regard to other cases, it is expedient to extend thereto in manner hereinafter provided, the power and authority so given as aforesaid to the said Court in cases of Mortgages: 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, as follows: I. No title to or interest in real estate which is valid at law, shall henceforward be disturbed or otherwise affected in Equity by |