twenty years, with interest, at the rate of six per cent. per year; And whereas the improvements made in the said River are of great benefit and advantage to all persons engaged in conveying goods, wares, merchandize and chattels to and from the said town of Owen Sound, and have afforded material facilities to the navigation of the said river, and will, if maintained, continue to afford such advantages and facilities; And whereas the said Corporation have erected a beacon or light-house for the advantage and assistance of mariners having recourse to the said river; And whereas considerable expense will necessarily be incurred by the said Corporation, in keeping open the navigation of the said river, and maintaining the said beacon or lighthouse; And whereas also, it is expedient further to improve the navigation of the said river; And whereas the said Corporation of the town of Owen Sound have, by their petition, asked to be, by law, authorized to impose and collect tolls on goods, wares, merchandize and chattels, shipped on board of or landed from any vessel, boat or other craft in the said river Sydenham, and on logs, timber, spars, and masts going into or upon or through the said river, or any part thereof within the limits of the said Corporation, and to employ the proceeds of such tolls, after deduction and payment of the expenses of the collection thereof, as is hereinafter directed; And whereas, also, the said Corporation of the town of Owen Sound have, by their said petition, shown that the said Corporation have purchased twenty acres of land, being the northeast twenty acres of the north-east quarter of lot number fourteen, in the second Concession of the Township of Derby, in the County of Grey, for a Public Cemetery, and have obtained a Deed of Conveyance of the same, at a cost of $4000, for which Debentures on the credit of the said Corporation have been issued, under the authority of By-Law number twentythree of the said Corporation, which Debentures are payable in ten years, with interest thereon at the rate of six per cent per year, and that by reason of such purchase, the lands granted to the Corporation of the Town of Owen Sound, for a Public Cemetery, are not now required for that purpose, and the said Corporation have, by their said petition, prayed that they may be authorized and empowered to sell the said lands, namely: ten acres of Park Lot, number one, in the fourth Range East of the Garrafraxa Road in the Town of Owen Sound, aforesaid, granted "To the Mayor and Corporation of the Town of Owen Sound, in the County of Grey, in trust for a Public Cemetery," by a Patent bearing date the sixteenth day of April, A. D. one thousand eight hundred and fifty-eight, and to employ the proceeds of such sale towards the payment of the debt incurred for the said new Cemetery, and it is expedient to grant the prayer of the said petition: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows:

tolls.

1. The Corporation of the Town of Owen Sound are autho- Corporation rized and empowered to pass By-Laws for the imposition and empowered to collection of tolls, to be employed, after payment of the levy certain expenses of collection, for the purpose of assisting in liquidating the debt incurred by the said Corporation in improving the navigation of the said River, within the limits of the said Town, and of further improving the navigation of the said River, within the said limits, on all goods, wares, merchandize, and chattels, shipped or landed on board or out of any vessel, boat, or other craft, from or upon any part of the said River Sydenham, within the limits of the said Town, and upon all logs, timber, spars and masts, going through the same or any part thereof, not exceeding the rates following-that is to say:

6209

per barrel,

do

do

per keg or firkin,

Brandy, Gin, Rum, Wines, or Highwines... per barrel, 10

Lime,

do

1

Eggs,....

...

cents. 4

•per barrel or box, All articles not herein enumerated,.......... per ton, 40

Provided that the By-law or By-laws imposing the said tolls shall be approved by the Governor in Council before having any force or effect, and that an annual return be made to Parliament of the amounts collected under the same and the mode of expenditure, and provided further that the power to collect such tolls shall cease in ten years after the passing of

this Act.

2. If any person or persons shall neglect or refuse to pay the tolls or dues to be collected under this Act, and under any By-Law that may be passed under the authority thereof, it shall and may be lawful for the said Corporation, or their officer, clerk, or servant duly appointed, to seize and detain the goods, wares, merchandise, and chattels, logs, timber, spars and masts, on which the same are due and payable until such tolls are paid; and if the same shall be unpaid for the space of thirty days next after such seizure, the said Corporation, or their officer, clerk, or servant, as aforesaid, may sell and dispose of the said goods, wares, merchandize, chattels, logs, timber, spars, or masts, or such part thereof as may be necessary to pay the said tolls, and the reasonable costs and charges of keeping and selling the same by public auction, giving ten days notice thereof, returning the overplus, if any, to the owner or owners thereof.

3. Every vessel, boat, or other craft, on board of which goods, wares, merchandize, chattels, and other things may be shipped, shall be liable for the dues chargeable against such goods, wares, merchandize, chattels, and other things, and in the event of non-payment thereof, may be detained until payment thereof is made.

4. The said Corporation of the Town of Owen Sound are authorized and empowered to sell, for the best price that can be obtained for the same, on such terms of payment as they may deem advisable, in one block, or in subdivisions, the ten acres of Park Lot, number one, in the fourth range east of the Garrafraxa Road, in the Town of Owen Sound aforesaid, granted "To the Mayor and Corporation of the Town of Owen Sound, in the County of Grey, in trust for a Public Cemetery," by a patent bearing date the sixteenth day of April, A. D. one thousand eight hundred and fifty-eight, and to apply the proceeds, so far as the same will go, in liquidation of the debt incurred by the said Corporation in the purchase of a new Cemetery and in the improvement thereof.

5. Any Conveyance under such sale shall be made by the Corporation of the Town of Owen Sound aforesaid.

6. This Act shall be deemed a Public Act.

CAP.

CAP. LXIV.

An Act to confirm certain Side Roads in the Township of Scarborough, and to provide for the defining of other Road allowances and Lines in the said Township.

W

[Assented to 18th May, 1861.]

HEREAS the Municipal Council of the Township of Preamble Scarborough have, by their petition, represented, that the greater number of the Side Road allowances between lots on the said Township have been opened up and travelled, and statute labour and public moneys expended thereon for many years back,-that it has been discovered, upon recent and more correct surveys being made in several concessions, that few, if any, of the said Side Roads, as laid out formerly as aforesaid, and improved and travelled, are upon the true original allowances, that to alter the said lines of Road now, and place the same upon the proper allowances, would present serious objections both in consequence of the actual loss of labour and moneys expended upon the same, and also in consequence of the peculiar difficulties and uncertainties attendant upon the litigation of the question of highways and road allowances, that it is most desirable, therefore, that the side roads, where opened up and improved as aforesaid, should be confirmed and established for all future time upon the present lines, and they have prayed that legislative provision be made for that purpose, and it is expedient to grant the prayer of their petition: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows:

1. The several side roads in the said Township, as laid out Present side and improved and travelled upon lines formerly drawn for the roads confirmed. respective allowances for road, and as the same shall be hereafter defined on the ground under the provisions of this Act, shall be and the same are hereby declared to be the true and unalterable Government allowances for road, one chain in width, between the several lots, without regard to their direction as being parallel or not to the governing line of the concession, any law or usage to the contrary notwithstanding.

survey to be

2. The Municipal Council of the Township of Scarborough Council of shall, within twelve months after the passing of this Act, cause Scarborough such a survey of the Township to be made by a Provincial to cause a Land Surveyor, as will result in the defining on the ground, of made, which the precise lines of the said side roads as the same have been shall be valid. opened up and now exist as aforesaid, and such surveyor shall define the same by permanent cut-stone boundaries, properly marked and planted at the front and rear angles of each concession, and shall deposit copies of the map and report of such

survey in the office of the Commissioner of Crown Lands, and in the Registry Office of the County of York, respectively; and a rate to pay the Council may impose and levy a rate upon the real property

And to levy

expenses.

How surveys

shall there

of the said Township, to defray the expenses of such surveys, maps and reports, and of the planting of such monuments, which monuments, so planted, shall be deemed to be the true and original boundaries.

3. From and after such Survey being effected, and the maps and reports thereof being deposited as aforesaid, every survey after be made which may be made of any line for side road allowance, which

in the town

And not to

surveys.

may not have been opened previous to the passing of this Act, or any division line or limit between lots in the said Township, shall be drawn from the post or monument planted in the Original Survey at the front angle of such road allowance, or to mark the commencement of such line or limit; or should such original post or monument be lost, and no satisfactory evidence exist of the position of the same, the Surveyor shall proceed as in other similar cases under the law in this behalf; the proper angle at the rear shall then be determined by giving the lots in that particular block between the monuments planted in the Survey provided in the second section of this Act, to mark the side roads on either side thereof, the same width in proportion as they respectively possess on the front, as found in the manner above pointed out, and the required line of side road allowance or division line or limit shall be drawn through the concession from point to point so found, and all lines for side road allowance or division lines or limits so determined shall be taken to be, and the same are hereby declared to be the true lines and limits thereof, any law or usage to the contrary in any wise notwithstanding.

4. The boundaries or limits of any aliquot portion of a lot in any concession of the township shall be determined by giving such portion the proportionate length and width of the whole lot, as the latter shall have been ascertained in the manner directed by this Act.

5. No proceedings, which may be taken under this Act, shall affect certain be valid as against any survey made and boundaries planted under the authority of the late boundary commissioners, or against any Municipal Survey performed and boundaries planted under the provisions of the chapter seventy-seven of the Consolidated Statutes for Upper Canada.

Lots as defined

under this Act the true lots.

to be deemed

6. The several lots in the Township granted by letters patent, and described by numbers or otherwise, as certain lots in certain concessions, and heretofore intended to be bounded by lines drawn in accordance with the law respecting Surveys in Upper Canada, and the boundary lines of which are intended to be fixed by this Act, shall be held to be the same several lots in

the