Commissioner of Crown Lands to cause Lake Temiscaming; thence through the middle of the said 2. The Commissioner of Crown Lands shall cause the said Line of Division to be surveyed and run from the North Bank the said Line of Lake St. Francis to the South Bank of the River Ottawa, to be surveyed by a Land Surveyor duly admitted to practise as such in and out by an offi- for Upper Canada and Lower Canada, and being an Officer of cer of the De- the Surveying Branch of the Department of Crown Lands, who partment. and marked And the Line so marked shall be the true boundary. Penalty for removing or defacing the marks. shall mark the course of the same between those waters by monuments of cut stone, or other sufficient boundary marks, at short intervals, including one on each bank, one at every point where the course of the line is changed, and one at every other conspicuous or otherwise appropriate point, and shall make a plan and report of such survey, in which the position of each of such monuments and marks shall be shown, as well as the positions and distances and bearings from the line of any trees, streams, or other fixed objects, natural or artificial, serving to mark the said portion of the said line or its course or situation in whole or in part; which line so marked on the ground shall be taken to be the true boundary between Upper and Lower Canada, and such plan and survey, on being approved by the Governor in Council, shall be deposited and remain of record in the said Department of Crown Lands, and shall govern in all questions relating to the said boundary: 1. Any person, who shall remove or wilfully damage or deface any of such monuments or marks, shall be guilty of a misdemeanor and may be prosecuted therefor in any Court of competent jurisdiction in Upper or Lower Canada, and on conviction thereof shall be liable to fine or imprisonment, or both, in the discretion of the Court. Compensation 3. In case any land granted by Letters Patent under the for lands pa- Great Seal of the late Province of Upper Canada, or granted tented as in Upper and by Letters Patent under the Great Seal of this Province as being found to be in in Upper Canada, or sold by the Crown as being in Upper Lower Canada. Canada and not yet under patent, is found under this Act to be either wholly or partly in Lower Canada, and there be nothing in such Letters Patent to exclude a claim to the compensation hereinafter provided for, it shall be lawful for the Governor in Council to make compensation, either in money or land or in land scrip or certificates to be taken in payment for public lands, to the grantee or his heir or legal representative, for such land or so much thereof as may be lost to him by reason of this Act, unless the same be still in the possession of the Crown, in which case Letters Patent for the same may be issued in his favor. 4. And whereas persons entitled to compensation under the Recital. foregoing clause, may have in good faith occupied and improved partly or wholly in Lower Canada the land therein referred to as intended to be granted to them, and other persons owning lands upon or near the said line may have extended their improvements across the said line, on either side there of, in good faith, believing they had a right so to do, and may be in possession thereof, and it is right to confirm every such person in his possession at his option; every person who shall, by the Commissioners hereinafter referred to, be found to be so in possession of any land which, by the said line, as it shall be finally marked on the ground, shall be found to be in Upper or Lower Canada, may retain possession of such land on making compensation therefor, in manner hereinafter mentioned, to the person who shall hold the legal title thereto, and who, under this Act, shall be dispossessed thereof: cases. 1. The Governor may appoint two or more Commis. Commissionsioners, who shall inquire into and report upon the amount ers for inquirof compensation to be paid under this and the preceding claims for ing into section, and the manner in which it shall be paid to the parties compensation entitled thereto, and who shall also inquire, determine and in certain report what persons, if any, are entitled to exercise the option given by this section, and the quantity of land which each such person is entitled by the exercise of such option to retain possession of hereunder, and shall cause the same to be described by metes and bounds; and on compensation being made as herein provided for such parcels of Land, the Commissioner of Crown Lands shall issue to each person who shall be then entitled thereto an instrument under his hand and seal, declaring that such person is entitled under this Act to retain possession of such parcel of land; and the person receiving the same, and his heirs and assigns, shall thenceforward hold such parcel of land as owners thereof in fee simple, or en franc-alleu, as the case may be; 2. The compensation provided for under this Act shall be in Compensation lieu of all claims against the Crown and the Seigniors of Lands to be in lieu affected by the said Division Line, and against all persons of claims. owners of lands affected by the said line, or who having owned any such lands have sold the same in good faith; 3. In the case of minors or persons under any legal disability, As to persons the Judge of the County Court for the County in which the under age, &c. land lies, if in Upper Canada, or a Judge of the Superior Court, if in Lower Canada, may, on the application of the Commissioner of Crown Lands, and upon such notice and such proceedings had as according to the Laws of each section of the Province in that behalf are required in such cases, appoint a guardian for such minor or person under other legal disability, whose acts shall be as effectual and binding as if the party for whom he is such guardian was competent and had himself performed such Acts; Powers of ers. Commission- 13. Indemnity to persons who have acted in L. C. and U. C., respective ly, under powers granted for the other section, -in consequence of the uncertainty of the Line of Division, The same as to 4. The Governor may confer upon the Commissioners appointed under this Act the powers authorized by the thirteenth Chapter of the Consolidated Statutes of Canada to be conferred upon Commissioners appointed under that Act; and the subsection of the first section of the said Act, numbered two, shall then apply. 5. Every person who has heretofore acted in any official capacity in any place in which, according to the provisions of this Act, he was not entitled to act in such capacity, although, by reason of uncertainty as to the said line of division, he might reasonably suppose himself to be so entitled, and every person who has heretofore omitted to act in any official capacity in any place in which, according to the provisions of this Act, he was bound to act in such capacity, although, by reason of uncertainty as to the said line of division, he might reasonably suppose that he was not so bound, is hereby indemnified, freed and discharged from and against all damages, penalties and forfeitures incurred or recoverable for or by reason of his having so acted or omitted to act; and in case any action, suit, bill of indictment or information, shall, after the passing of this Act, be brought, carried on or prosecuted against any person hereby meant to be indemnified, freed and discharged from and against any damages, penalty or forfeiture whatsoever incurred, or recoverable, for or by reason of any such act or omission, such person may plead the general issue, and upon his defence give this Act and the special matter in evidence upon any trial to be had thereupon. 6. Every person who has heretofore done, or omitted to do, persons who, any act whatsoever, which, according to the provisions of this have omitted' Act, it was not lawful for him to do, or omit to do, but which, to act, in L. C. by reason of the uncertainty as to the said line of division it for like reason, or U. C., re spectively. Act not to af was reasonable for him to suppose he might lawfully do, or omit to do, is hereby indemnified, freed and discharged from and against all damages and penalties incurred or recoverable, for or by reason of his having done, or omitted to do, the same; and in case any action, suit, bill of indictment, or information shall, after the passing of this Act, be brought, carried, or prosecuted against any person hereby meant to be indemnified, freed and discharged, from and against any damages or penalty whatsoever incurred, or recoverable, for or by reason of his having done, or omitted to do, any such act, such person may plead the general issue, and upon his defence, give this Act and the special matter in evidence upon any trial to be had thereupon. 7. Nothing in this Act contained shall be construed to vary fect sect. 6 of or repeal any of the provisions of the sixth section of the third chapter of the Consolidated Statutes for Upper Canada. cap. 3 of Con. Stat. of Ca nada. САР. CAP. XXII. An Act respecting certain Ordnance Land Reserves in Upper Canada. [Assented to 19th May, 1860.] WHEREAS, by the Act passed in the Session held in the Preamble. 19, 20 V. c. 45. nineteenth and twentieth years of Her Majesty's Reign, Chaptered forty-five, now forming part of Chapter twenty-four Con Stat. of of the Consolidated Statutes of Canada, certain lands referred Canada, cap. to in Schedule two of the said Act as Reserves at Fort Erie, Am- 24. herstburg and Boisblanc Island, and Penetanguishene, excepting those portions of the said Reserves then located by enrolled pensioners, and that portion at Penetanguishene then under license of occupation to Major Ingall, were vested in Her Majesty for the purposes of the Province; and whereas the said enrolled pensioners have agreed, in lieu of their claims, to take certain portions of the said Reserves respectively, and the same have been set apart for them accordingly, evidenced by Location Tickets under the hand of the Commissioner of Crown Lands, and delivered to the said pensioners respectively entitled thereto, and it hath been agreed to issue Letters Patent under the Great Seal of the Province, granting in fee to the said pensioners, their heirs and assigns respectively, the said last mentioned portions of land, so soon as the same can be legally issued: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: Crown. 1. Subject to the said agreements with the said enrolled The said lands pensioners, the said lands, so excepted in the said Schedule as vested in the located by the enrolled pensioners, shall be and are hereby vested in Her Majesty, for the purposes of the Province, as other lands referred to in the sixth section of the said first mentioned Act are vested. road to become 2. That part of the original allowance for road between the A certain alfirst and second Concessions of the Township of Tay, exten- lowance for ding from the Southerly angle of the Reformatory Prison Farm, part of the in the second Concession of the said Township, to the waters' Prison Farm. edge of the Penetanguishene Harbour, shall cease to be an ori ginal allowance for road, and shall be and form part of the said Reformatory Prison Farm. САР. CAP. XXIII. Preamble. Boards to have power to borrow money. Preamble. Suit upon ment, and defence thereto. An Act respecting the Boards of Arts and Manufactures. H [Assented to 19th May, 1860.] ER Majesty, by and with the advice and consent of the follows: 1. The Board of Arts and Manufactures for Upper Canada, and the Board of Arts and Manufactures for Lower Canada respectively shall have power to borrow money on the security of the real or immoveable property held by them, and to mortgage or hypothecate the same for the payment thereof. CAP. XXIV. An Act respecting Foreign Judgments and Decrees. [Assented to 19th May, 1860.] WHER Lower THEREAS it is expedient to amend the laws of Upper and Lower Canada respecting Foreign Judgments and Decrees and to assimilate the same: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: 1. In any suit brought in either section of the Province upon Foreign Judg- a Foreign Judgment or Decree (that is to say, upon any Judg ment or Decree not obtained in either of the said sections, except as hereinafter mentioned) any defence set up or that might have been set up to the original suit may be pleaded to the suit on the Judgment or Decree. one section of Suit upon 2. In any suit brought in either section on a Judgment or Judgment in Decree obtained in the other section in a suit in which the serthe Province, vice of process on the defendant or party sued has been perwhere service sonal, no defence that might have been set up to the original was personal. suit can be pleaded to that brought on the Judgment or Decree. rations. Service of pro3. In case of a suit against a Corporation, service of process cess on Corpo- on the officer or officers thereof named in the Act incorporating such Corporation, or in case there be no officer named in the said Act, then service of process according to the law of the section of the Province where the process is served, shall be held to be personal service under this Act. Suit upon one section of 4. In any suit brought in either section on a judgment or judgment in decree obtained in the other section in a suit in which personal the Province, service was not obtained and in which no defence was made, where the ser- any defence that might have been set up to the original suit may be made to the suit on such judgment or decree. vice was not personal. САР. |