Governor

clamation,

adjacent townships.

29. Whenever there is any gore or small tract of land or Island, may, by pro- which is not included in the original survey and description of annex gores to any Township, and is of too limited extent to form a Township by itself,--the Governor may, by Proclamation, annex such gore or tract of land to any Township to which it is adjacent, or partly to one and partly to another of any two or more Townships to which it is adjacent, as he deems expedient; and from and after the day appointed in such Proclamation, or from the date thereof, if no other day be therein appointed for the purpose, the tract of land thereby annexed to any Township shall form part thereof.

Attested Co

pies of departmental records, &c.,

to be as evi

dence.

Employees of the Crown

Land Depart traffic in pu

ment not to

blic lands

land scrip

or take fees for official labor.

Penalty.

Penalty on

30. Copies of any records, documents, books or papers belonging to or deposited in the said Department, attested under the signature of the Commissioner, or of the Assistant Commissioner, shall be competent evidence in all cases in which the original records, documents, books or papers, could be evidence.

31. No person holding an office created by or continued under this Act (save in the case provided for in the seventh section) or employed in the Department, shall, while holding such office or employment, directly or indirectly purchase any right, title or interest in any public land, or any land scrip, nor deal, nor traffic in the same, either in his own right, or by the interposition of any other person, or in the name of any other person in trust for himself, nor shall take or receive any fee or emolument for negotiating or transacting any business connected with the duties of his office or employment; And any person offending in the premises shall forfeit his office or employment, and be liable to a penalty of four hundred dollars, to be recovered in action of debt by any person suing for the

same.

32. If any agent, appointed or continued in office under this agent know- Act, shall knowingly and falsely inform, or cause to be informed, ingly giving false informa- any person applying to him to locate or purchase any land tion, &c. within his division and agency, that the same has already been located, assigned or purchased, or shall refuse to permit the person so applying to purchase the same, or, where entitled, to locate the same, according to existing Regulations, such agent shall be liable therefor to the person so applying in the sum of five dollars for each acre of land which the person so applying offered to locate or purchase, to be recovered by action of debt in any court of record having jurisdiction of the

Hindering

bidders at public sales of lands of

the Province by intimida

amount

33. If any person or persons shall, before or at the time of the public sale of any of the lands of the Province, by intimidation, combination, or unfair management, hinder or prevent, or attempt to hinder or prevent, any person from bidding upon or purchasing any lands so offered for sale, every such offender,

his, her, or their aiders and abettors, shall, for every such of- tion, &c., fence, be guilty of a nusdemeanor, and, on conviction thereof, a misdemeashall be liable to a fine not exceeding four hundred dollars, or punished. nor and how imprisonment for a term not exceeding two years, or both, in the discretion of the Court.

subsequent

34. With a view to remove doubts, and to quiet the titles to Patent or certain lands heretofore granted, it is enacted, that the non title of observance and non fulfilment of the condition imposed in and tee or of any by certain patents issued for public lands, of taking the oaths purchaser not which may have been heretofore prescribed, in case of any affected by non subsequent sale, conveyance, enfeoffment or exchange, by the observance of patentee, and of recording such oaths, within twelve months ditions. after having taken possession, in the office of the Secretary of the Province, or of performing certain settlement duties, shall not affect in any way the patent or title of any patentee, or of any subsequent purchaser or proprietor.

certain con

35. Whereas doubts have been entertained as to the power Doubts recitvested in the Crown to dispose of and grant water lots, in the ed. harbors, rivers and other navigable waters in Upper Canada, and it is desirable to set at rest any question which might arise in reference thereto, it is declared and enacted, that it has been Sales and heretofore and that it shall be hereafter lawful for the Governor appropriain Council to authorize sales, or appropriations, of such water lots declared tions of water lots under such conditions as it has been or it may be deemed to be legal. requisite to impose.

36. All legal proceedings, commenced in virtue of the Acts Proceedings, repealed, shall be continued; and the rights, acquired by virtue under repealand under the Acts repealed, shall be valid, and all orders in ed acts contiCouncil, and Regulations of the Department, and acts done sions of Act to nued-provithereunder, and appointments to office now in force or existing, apply to lands shall continue until altered or revoked, as if the said Acts had now under not been repealed; and all the provisions of this Act shall patent, &c. apply to lands under patent, grant, sale, location, lease or license

of occupation at the time of the passing thereof, as well as to lands disposed of after the passing hereof.

37. Compensation awarded under the twenty-third and Compensation twenty-fourth sections of this Act (except where land is specifi- under ss. 23 cally assigned therefor by the Commissioner of Crown Lands) and 24, to be and all claims therefor shall be treated as personal estate and Except, &c. dealt with accordingly.

personalty

"Public

38. The term "Public Lands " shall be held to apply to Definition of lands heretofore designated or known as Crown Lands, School the term Lands, Clergy Lands, Ordnance Lands, (transferred to the Pro- Lands." vince), which designations, for the purposes of administration, shall still continue.

39. The twenty-second Chapter of the Consolidated Statutes Chapter 22 of of Canada is repealed. C. S. C. repealed.

САР.

Preamble.

CAP. III.

An Act to provide for the election of the Speaker of the Legislative Council.

W

66

[Assented to 23rd April, 1860.]

HEREAS by an Act of the Parliament of the United Kingdom, passed in the Session holden in the twentysecond and twenty-third years of Her Majesty's Reign, chapter Imperial Act, ten, "to empower the Legislature of Canada to make Laws 22, 23 V. c. regulating the appointment of a Speaker of the Legislative 10. "Council," it is in effect amongst other things enacted that it shall be lawful for the Parliament of Canada to provide for the election of a Speaker of the said Council, and for that purpose to vary and repeal, in such manner as to them may seem fit, so much of the provisions of the Act of the said Parliament of the United Kingdom, passed in the Session holden in the third and fourth years of Her Majesty's Reign, chapter thirty-five, "to re-unite the Provinces of Upper and Lower Canada and "for the government of Canada," or of any other Acts of the Parliament of the United Kingdom as relates to the appointment of such Speaker; and whereas it is expedient to provide for the election of such Speaker, and for that purpose to repeal the said provisions of the said Act or Acts, as well as similar provisions of the Consolidated Statutes of Canada: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows:

Union Act.

Certain provi1. The ninth section of the said Act, third and fourth Victosions of the ria, chapter thirty-five, and so much of the provisions of the Union Act and of Cap. 3 of same or of any other Act or Acts of the Parliament of the United the Con. Stat. Kingdom as relates to the appointment of the Speaker of the Legislative Council of Canada, together with the twentieth and twenty-fourth sections of the first chapter, and the fourth sub-section of the fourth section of the third chapter of of the Legis, the Consolidated Statutes of Canada, and so much of the ninth lative Council, repealed. and seventeenth sections of the said third chapter of the said Statutes as relates to the office of such Speaker, are hereby

of Canada, relating to the appointment of a Speaker

Election of a

be had.

repealed.

2. The members of the Legislative Council in attendance Speaker, how in the Legislative Council Chamber at the first convening of and when to the said Council after this Act takes effect, and thereafter at each first convening of the said Council after the occurrence of a vacancy in the office of Speaker of the said Council, shall forthwith proceed to elect one of their number to be Speaker; Term of office. and the member so from time to time elected Speaker shall preside at all sittings of the Legislative Council, and continue to be Speaker of the said Council until his death or resignation, or his ceasing to be a member of the said Council, or until the day

day before the first day of the meeting of the next new Parliament of Canada after that in which he was so elected Speaker, whichever may first happen.

Speaker, in case of his

chair from

3. Whenever the Speaker of the Legislative Council, from Provision for illness or other cause, finds it necessary to leave the chair supplying the during any part of a sitting of the said Council on any day, he place of the may call upon any member thereof to take the chair and to act as Speaker during the remainder of such day, or until being obliged and unless the Speaker himself resume the chair before the to leave the close of the sittings for that day; or if the Speaker be prevented illness, &c. by illness or unavoidable absence from attending in the said Council Chamber on any day or days, then the members of such Council assembled at or after the hour to which such Council stood adjourned, on being notified of such illness or unavoidable absence by the Clerk of the said Council, may proceed to elect one of their number to act as Speaker during the time the said Speaker shall be absent from one or other of the causes aforesaid; and the member so called upon or so elected as aforesaid, shall take the chair and act as Speaker accordingly; and every Act passed, and every order made and thing done by the said Council while such member is acting as Speaker as aforesaid, shall be as valid and effectual to all intents and purposes as if done while the Speaker himself was presiding in the chair.

4. All provisions of law now in force and not hereby Certain prorepealed, applying to Speakers of the Legislative Council visions to ap ply to elective appointed by the Governor, shall hereafter apply to Speakers Speakers. of the said Council elected under this Act, who shall have and enjoy the same honors, powers, rights and privileges as Speakers so appointed have at any time had and enjoyed.

effect.

5. This Act shall take effect and be in force only upon, When this from and after the day next before the first day of the meeting Act shall take of the next new Parliament of Canada after the passing of the same, or upon, from and after the first occurrence of a vacancy in the said Office of Speaker, whichever may soonest happen.

CAP. IV.

An Act relating to the Sinking Fund for the redemption of the Imperial Guaranteed Loan.

[Assented to 23rd April, 1860.]

W HEREAS the Provincial Minister of Finance, acting Preamble. under instructions from the Governor in Council, has Certain armade arrangements with the Lords Commissioners of Her rangements Majesty's Treasury, under which the securities representing made in England by the the sums arising from the payments made by the Province to Minister of the Sinking Fund for the redemption of the Provincial debt of Finance, reone million five hundred thousand pounds sterling, guaranteed cited. by the Imperial Government under the Imperial Act hereinafter mentioned,

2

The arrangements menPreamble, confirmed.

And so much

mentioned, have been disposed of, and the proceeds, with other moneys at the credit of the Province as part of the said Sinking Fund, have been invested in four per cent. debentures of the Government of India and in five per cent. New India Stock, and directions have been given to the Financial Agents of the Province to purchase such further amount of the said New India Stock as, with that already purchased, will make one million five hundred thousand pounds of the said Debentures and Stock ;---And whereas, under the said arrangements, the said amount of India Stock and Debentures will be inscribed in the names of and held by the Trustees of the said Sinking Fund named by the Lords Commissioners of Her Majesty's Treasury, and the interest accruing thereon will be applied to the payment of the interest of the provincial debt guaranteed by the Imperial Government as aforesaid, any surplus of the said interest on the said India Stock over that of the said Provincial debt being paid annually to the Financial Agents of this Province, and any deficiency therein being made good by the Province, or repaid by it with interest at five per cent. per annum, if advanced by the Imperial Government,--and the proceeds of the sale of the said New India Stock will be applicable to the payment of the said Provincial debt as the Provincial Debentures forming it become due, the Province making good any deficiency in the amount of the said proceeds to pay the same, and any surplus in the amount of the said proceeds being payable to the Financial Agents of the Province,---so that by the said arrangement the redemption of the said guaranteed loan is provided for in full ;---And whereas, it is expedient to confirm the said arrangements and to provide by law for the discontinuance of the payments to the said Sinking Fund required by the Acts hereinafter mentioned: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows:

1. The arrangements recited in the preamble to this Act are hereby confirmed, and the sum or sums (if any) which it may be necessary to pay under them on behalf of the Province, may be paid out of any moneys forming part of the Consolidated Revenue Fund; and so much of the sixth section of the Act forming chapter fourteen of the Consolidated Statutes of Canada, intituled: An Act respecting the Public Moneys, Debt and of any Act as Accounts, or of any other Provincial Act, as would require or requires any authorize the payment, after the twenty-first day of January further payment to the now last, of any percentage or sum into the Sinking Fund for Sinking Fund paying off the Provincial Debt of one million five hundred for the Gua- thousand pounds sterling, guaranteed by the Government of the United Kingdom, under the provisions of the Act of the Parliament thereof, passed in the Session held in the fifth and sixth years of Her Majesty's reign, and intituled: An Act for guaranteeing the payment of the interest on a Loan of one million five hundred thousand pounds, to be raised by the Province of Canada,-shall be and is hereby repealed.

ranteed Loan, repealed.

CAP.