North Monaghan, containing nine acres; And whereas the said petitioner has represented that the whole of the said property is unproductive, and that the said petitioner derives no revenue for the support of her family from any part of the said estate; And whereas, in consequence of the death of the said John Knatchbull Roche and the minority of his three children, and their consequent legal incapacity to execute conveyances, the contracts made by the said John Knatchbull Roche in his lifetime, for a sale of a portion of the said real estate cannot at the present be legally or advantageously made, nor can any revenue be derived for the support of his said children; And whereas the said petitioner hath prayed that an Act may be passed to vest the said above-mentioned real estate of the said John Knatchbull Roche in the hands of Trustees, with power to sell and dispose of the same for the purposes and objects above mentioned, namely, to enable them, in the first place, to pay off all incumbrances thereon, and to invest the balance of the proceeds arising from such sale for the benefit of the children of the said John Knatchbull Roche, according to their several and respective shares in his inheritance, and it is expedient to grant the prayer of the said petitioner as hereinafter mentioned: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: of his child 1. All the estate, right, title, interest, property, claim and Certain prodemand whatsoever of the children of the said late John perty of the late J. K. Knatchbull Roche, in or to the lands following, that is to say: Roche vested Lot number one, east of Hope street and south of Ward street; in Trustees Lot number one, on the west side of Elgin street, south of for the benefit Ward street, in the Town of Port Hope, in the County of Durham; ren, Town Lot Number sixty-two, in the said Town of Port Hope ; also Town Lot number eighteen, on the north side of Burton street, in the said Town of Port Hope; and Park Lot number seven, being part of Lot number fourteen, in the twelfth concession of the Township of North Monaghan, in the County of Peterborough, held by the said John Knatchbull Roche in his lifetime, is hereby transferred to and vested in Annie Elizabeth Roche, of the said Town of Port Hope, widow, James McFeeters, of the Town of Bowmanville, Esquire, and George Molyneux Roche, of the Town of Lindsay, Esquire, and the survivor or survivors of them, and their successors to be appointed as hereinafter mentioned, as Trustees, for the benefit of the children of the said John Knatchbull Roche, with power to sell and dispose of the same and make conveyances of the same, and to invest the proceeds of such sales, after paying off the present incumbrances on the said lands, for the benefit of the children of the said John Knatchbull Roche, according to their several and respective shares, and also with the like power from time to time of selling and disposing of the securities wherein such investments may be made, and re-investing the proceeds; Provided, always, that no such investment or sale of Sales by Trustees purchaser discharged on paying the price. Provision for appointment of new Trus tees in case of death, re signation, &c. If Northumberland and Durham are separated. Public Act. an investment and re-investment shall be made without the consent and approbation of the Judge of the County Court of the United Counties of Northumberland and Durham, previously given in writing. 2. Any sale or conveyance of the said lands, or of any part thereof, duly made and executed by the said Trustees, shall be as good, valid and effectual, to all intents and purposes whatsoever, as if the said late John Knatchbull Roche were living and had made the same, or as if the heirs of the said John Knatchbull Roche had made or joined in any sale or conveyance of the same, and the bona fide payment to the said Trustees, either alone or in conjunction with the others as aforesaid, of the price or purchase money, or of any part or portion thereof, and the receipt of the said Trustees for any sum or sums of money so paid, shall effectually discharge the person paying the same from seeing to the application or being answerable for the misapplication thereof. 3. In case of the death or removal from the Province, resignation, incapacity, or unwillingness to act of either or all of the said Trustees, before the complete fulfilment of the Trust hereby created, it shall be lawful for the Judge of the County Court of the United Counties of Northumberland and Durham, on the written application of any one of the heirs of the said late John Knatchbull Roche, if of age, or of the guardian or guardians of those under age duly appointed, to nominate and appoint some fit and proper person to be Trustee or Trustees in the stead of the said Trustee or Trustees so dying or removing from the Province, resigning or becoming unwilling to act as aforesaid, and so from time to time to replace any such Trustee or Trustees so nominated and appointed as aforesaid; and such Trustee or Trustees so from time to time nominated and appointed, as aforesaid, shall have the same power to all intents and purposes as if expressly named and appointed in and by this Act. 4. In case of a separation taking place between the United Counties of Northumberland and Durham, then any application to be made under this Act shall be made to the Judge of the County of Northumberland. 5. This Act shall be deemed a Public Act. CAP. CXXXVI. Preamble. Will of John An Act for the Relief of the Representatives of the late [Assented to 18th May, 1861.] WHEREAS, Catharine Seaton Ewart, of the City of To ronto, widow of the late Thomas Ewart, of the same Ewart recited. place, Esquire, hath presented her Petition to the Legislature of of this Province, setting forth, amongst other things-that by the will of the late John Ewart, of the City of Toronto, Esquire, he devised one-fifth of his residuary estate to the family of his deceased son, the said Thomas Ewart, and directed that the said Catharine Ewart should have the benefit of the annual produce of the said fifth for her life, or so long as she remained the widow of the said Thomas, for her own use, subject only to the maintenance and education of their children, who are minors of tender years; that the said residuary estate comprises, amongst other property, some very valuable vacant lots in the City of Toronto and elsewhere; that a partition of a portion of the said residuary estate having been made amongst the devisees, that part of the said estate which, on such partition, fell to the lot of the said family, comprises, amongst other property, certain portions of the said unoccupied land in the City of Toronto, of great value, but yielding little or no income, and which cannot be made to do so to any extent commensurate with the value of the property, without expending a large amount of money thereon, or giving building leases or other long leases thereof; that the said will gives ample powers to the Trustees, with the concurrence of the said Catharine, during her life, and of the legal guardian of the said children after her death, to lease for any period or periods, or to make sale of any part of the said estate before partition, and to re-sell and lease Real Estate which, after partition, might be purchased by way of investments of any part of the share of the said family, but it is considered that such powers do not extend to leases or sales of the devised property after partition; that the omission of such powers was (as the said Petitioner submitted) manifestly an oversight and error, and that it would be for the interest of the family to allow leases and sales to be made in such cases as well as others; and the said Catharine Seaton Ewart having prayed for relief in the premises, it is just and expedient to grant the same: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: 1. The said Trustees, for the time being, with the concur- The Trustees, rence of the said widow, or, after her death, of the legal guar- with the con dian or guardians of the minor children, shall have the same sent of the widow, inpower to make sale of and to lease any property which, on the vested with said partition, has fallen to, or which on any future partitions certain pow may fall to the said family of the said Thomas Ewart, in the ers of sale. same manner and to the same extent, and subject to the same powers and conditions as like sales and leases might have been made before partition under the said will; and the moneys Investment of payable on such sales and leases shall be disposed of in the purchase same manner, and subject to the same powers, trusts and conditions, as the share of the said family, in and of moneys which would have been produced by like sales and leases before partition, under the said will; and further sales of any of the said Real Estate, whenever partitioned or purchased, may be made while 25 moneys, &c. Building leases. Public Act. while so leased or otherwise; and if any building leases are made of any property partitioned or purchased, the same may contain all or any of the provisions usual in such leases, and may also contain such provisions in regard to renewals, removing the buildings, compensation therefor by such persons as may be owners of the estate when the same is payable, or otherwise, as may be deemed fit. 2. This Act shall be deemed a Public Act. CAP. CXXXVII. Preamble. Corporation of Beverly may acquit the said Rin toul and Armstrong. But this shall An Act for the relief of David Rintoul and Walter W [Assented to 18th May, 1861.] HEREAS the Corporation of the Township of Beverly recovered judgment against one David Rintoul and one Walter Armstrong, for the sum of eight hundred pounds, as sureties of one Heman Gates Barlow, the late Treasurer of the said Township, and whereas the ratepayers and inhabitants of that Township have petitioned that power may be granted to the Corporation of the said Township of Beverly, to enable them to release and discharge the said sureties from the said judgment, and it is expedient that their prayer be granted: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: 1. From and after the passing of this Act the Corporation of the said Township of Beverly may acquit, release and discharge the said David Rintoul and Walter Armstrong from the said judgment so recovered against them as sureties for the said Heman Gates Barlow, the late Treasurer of the said Township, not discharge and relieve their lands and personal estates from all lien and H. G. Barlow. incumbrance thereby created; Provided, nevertheless, that neither such discharge nor any thing herein contained shall be construed in any manner to release, discharge or satisfy any judgment, claim or demand, which the said Corporation hold, or are entitled to have, against the said Heman Gates Barlow, as such late Treasurer of the said Township, his heirs, executors or administrators; but the same shall remain in as full effect and force as if the said discharge had not been granted, or this Act had not been passed. Public Act. 2. This Act shall be deemed a Public Act. CAP CAP. CXXXVIII. An Act to vest a certain Road allowance and other property in Sarah Davidson Russel, W [Assented to 18th May, 1861.] HEREAS Sarah Davidson Russel, by her petition to Preamble. the Legislature, has set forth, that she is the proprietor of the west half of lot number two, in the sixth concession of the township of Madoc, in the county of Hastings, and also of that part of the West half of Lot number one in the same Concession, which is adjacent to the said Lot number two, and bounded by the road to Marmora, and that that part of the original allowance for road between the fifth and sixth Concessions of the said Townships, which adjoins the property of the said Sarah Davidson Russel, is impracticable and unfit for use as a public highway, and in consequence a road has been opened and run through the said property without the consent of or compensation being made to the owner thereof, which said last road is used and travelled as a public highway, and is now established by user, and that the said road being run in an oblique direction cuts up and destroys the land and greatly diminishes the value of the property, and that the said Sarah Davidson Russel is willing, and prays that she be allowed to provide a sufficient public highway in lieu of the intended Concession road, upon condition that the land now used as a road through her property, and the said allowance for road, be vested in her as a compensation therefor; And whereas it is expedient to grant the prayer of her petition: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: ed in 8. D. 1. The original allowance for road between the fifth and Original alsixth Concessions of the Township of Madoc, in the County of lowance vestHastings, so far as it adjoins those parts of Lots numbers one Russell on and two in the sixth Concession of the said Township which conditions of are the property of Sarah Davidson Russel, and also the land her furnishing now used and travelled as a public highway through the said another road. property shall be vested in her, her heirs and assigns for ever, upon condition, however, that the said Sarah Davidson Ru: sĺ shall, within six months after the passing of this Act, lay out a new highway road through her said property at the distance of thirteen chains seventy-four links from the original allowance for road, and running parallel therewith a distance of seventeen chains, thence west at right angles seven chains ten links, thence again parallel to the original road allowance to within two chains and one-half chain of Lot number three in the said sixth Concession, and thence at right angles so as to intersect the original Concession road or road allowance; Provided, Proviso. further, |