An Act to alter and amend an Act, intituled, An Act to remedy certain defects in the Registration of Titles in the County of Hastings, in Upper Canada. [9th July, 1847.] Preamble. Neglect of Registrar, HEREAS an Act was passed in the last Session of the Provincial Parliament, Act 9 V. c. 12 intituled, An Art to remedy certain defects in the Registration of Titles in the cited. County of Hastings, in Upper Canada, but the said Act by the terms thereof is applicable only to defects in such registration arising out of the neglect of Robert Charles Archibald McLean, when Deputy Registrar of the said County; and whereas it appears Robert Smith that like defects have occurred in other cases through the neglect of Robert Smith as Deputy when Deputy Registrar of the said County, and it is expedient to extend the remedial stated. provisions of the said Act to such cases, and also to extend the period limited by the sixth section of the said Act for the doing of certain things by the Registrar or his Deputy 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, That it shall be the duty of the Registrar of the said County, either by himself is of or his Deputy, to cause to be inserted, not less than twice in each month for the three give certain months next after the passing of this Act, in the Canada Gazette, and in all the news- Gazette to all papers published in the said County, a notice calling upon all persons who may have persons having any deeds, conveyances, wills or probates on which a Certificate of Registry has been as registered endorsed and signed by the said Robert Charles Archibald McLean, and not having McLean, or been produced under the Act aforesaid, or by the said Robert Smith as Deputy Regis- Robert Smith. trar of the said County, to produce such deeds, conveyances, wills or probates, together with a memorial thereof in the form now required by law, (except that such memorial need not be signed or sealed by any person,) on which memorial shall be endorsed a true copy of the Certificate on the deed, conveyance, will or probate to which it relates, on or before the first day of January next, at the Office of the Registrar of the said County, or they will not be entitled to the protection or benefit of this Act and of the Act aforesaid. Hastings to notices in the deeds certified by R C. A. The other II. And be it enacted, That if the signature of the said Robert Smith and the truth provi-ions of of the copy of the Certificate endorsed on any memorial to be produced to the Regis- the said Act trar or his Deputy as aforesaid, shall be proved in the manner required by the Act extended to Certificates of Registration given by Ro bert Smith. No such Certi ficates, &c. to cited in the preamble to this Act with regard to Certificates granted by Robert Charles Archibald McLean, then all the provisions of this Act shall extend to such Certificate granted by the said Robert Smith, and to the memorial on which it shall be endorsed, and to the deed, conveyance, will or probate, to which it shall relate, in the same manner and with the same and no other effect as to the Certificates of the said Robert Archibald McLean, the memorials on which they are endorsed, and the deeds, conveyances, wills or probates to which they relate; and the Registrar or his Deputy shall have the same rights and duties with regard to them, and be subject to the same penalties for neglect of such duties. III. And be it enacted, That it shall not be lawful for the said Registrar or his Debe received af puty to receive and index any memorial under the authority of this Act, or to indorse any deed, conveyance, will or probate to which such memorial relates, after the said first day of January next. ter 1st Jany. 1848. Period limited by sect. 6 of the said Act extended to 1st January, 1848. Governor in Council may extend the said period and that limited by this Act. IV. And be it enacted, That the period limited by the sixth section of the said Act, as that within which it shall be lawful for the said Registrar or his Deputy to receive and index memorials, and to endorse any deed, conveyance, will or probate by virtue of the said Act, shall be and is hereby extended until the said first day of January next, as if the said day had been that mentioned in the said section: Provided always, that the Governor or Person administering the Government of this Province, may, if he deem it expedient, by an Order to be made with the advice of the Executive Council thereof, and published in the Canada Gazette, extend the time hereby limited, and the time limited for the like purpose by the Act aforesaid, to the first day of July, one thousand eight hundred and forty-eight, and no longer; of which extension the Regis trar or his Deputy shall give notice in the manner required by the first section of the said Act, and of this Act respectively. MONTREAL :-Printed by STEWART DERBISHIRE & GEORGE DEsbarats, What power the Councillors the said County shall have. Meetings may be adjourned. Building Com VI. And be it enacted, That the said Councillors so assembled as aforesaid, shall have the like power and authority within the said County of Kent, as the District in Councils in the several Districts of Upper Canada duly assembled, have by law, so far as relates to building Gaols and Court Houses in their respective Districts, and no further, unless provided for in this Act; and that they be authorized to adjourn the said meeting, from time to time, and assemble again as often as the business relating to the building of such Gaol and Court House shall seem to require: that the said Building Committee shall be under their control and direction, and that the Clerk shall record subject to the all the Resolutions, Rules and Orders of the said meetings in a book to be kept by him for that purpose; and if any vacancy or vacancies shall occur of Chairman, Treasurer Vacancies how or Clerk, or of any Member of the said Building Committee, before the said County of to be filled. Kent shall have been declared a separate District, by death, resignation or removal, the Councillors for the time then being shall be authorized to supply the vacancy, so often as it may occur, by other appointments. VII. And whereas it is expedient, that until the said County of Kent shall be declared a separate District, the said County shall bear and contribute a just portion of certain expenses of the Western District: Be it therefore enacted, That from and out of the rates and assessments raised, levied and collected in the said County of Kent, it shall and may be lawful for the Treasurer of the Western District annually to retain for the purpose aforesaid, such a sum as shall bear the same proportion to the total sum raised for defraying the expenses of the administration of Justice in the Western District, as the population of the County of Kent according to the then last census, shall bear to the whole population of the Western District by the same census, which proportion is only to extend to the Administration of Justice; and it shall be the duty of the said Treasurer of the Western District, after deducting such sum, and such sums as may have been raised for Common School purposes, or for any special local purpose in any Township or Townships or place, to pay over to the Treasurer to be appointed as hereinbefore directed, the balance of all rates and assessments raised, levied and collected, or which may hereafter be imposed, raised, levied and collected in the said County of Kent, and the same shall be applicable to the general benefit of the said intended District, and may be applied by the Councillors for the Townships in the said County of Kent towards erecting and building a Gaol and Court House therein; and the Treasurer of the Western District shall take receipts for the same, as the money shall be paid over, which receipts shall be allowed by the Auditors of the said Western District in their settlement with him. Councillors. Until the new formed, the said County of Kent to bear part of the expenses of the District. Balance to be paid over for intended Dis trict. the use of the Such balance to be applied ing Committee by the Buildfor the Gaol and Court House. And allowed in the Treasu rer's accounts. Monics received by the Committee to the Gaol and Building be applied for Court House, VIII. And be it enacted, That the said Building Committee shall and may apply the said monies so received by the Treasurer to be appointed as aforesaid from the Treasurer of the Western District, from time to time, towards the payment of any contract that they may make with any person or persons whatsoever, for building the Gaol and Court House in their County, in conformity to the intentions of this Act. IX. And be it enacted, That the said Building Committee shall keep faithful and correct accounts of all monies expended by them in the erection of the said Gaol and Court House, and shall take vouchers for the same from the Contractor or Contractors, and shall also keep an account of all monies which may from time to time come into their hands, applicable or available for building the said Gaol and Court House, and that they shall exhibit a detailed statement both in debtor and creditor, to the District cil. Council Building Committee to keep counts. certain ac And to submit them to the District Coun in which the same may be pending, to be held in and for the Western District, unless all the parties, shall agree that the same shall be tried in the said District of Kent: Provided also, that such Gaol and Court House shall be erected in the Town of District town. Chatham. Proviso. The District the said County of Kent to procure plans for a and Gaol. III. And be it enacted, That the District Councillors for the Townships in the said Councillors for County of Kent, shall and they are hereby authorized, at a Public meeting to be by them holden for that purpose, at some convenient place, within the said Town of Chatham, so soon after the passing of this Act as may be convenient, (a notice signed. Court House by a majority of the said Councillors calling such meeting and fixing upon the time and place thereof having been served at least ten days before that fixed for the meeting, on each of the Councillors entitled to attend the same,) to procure by such means as to the said Councillors, or the major part of them present at such meeting, or at any adjourned meeting of the said Councillors, shall seem fitting and proper, plans and elevations of a Gaol and Court House, to be laid before them for the purpose of thereafter selecting and determining upon one by the Councillors then and there assembled as aforesaid. Where the Court House IV. Provided always, and be it enacted, That such Gaol and Court House for the said Gaol and said District of Kent shall be erected on the ground reserved as a site for a Gaol and Court House in the said Town of Chatham, which ground and the said Court House and Gaol shall be from and after the Proclamation aforesaid, vested in the District Council of the said District of Kent, until which time the same shall be and are hereby vested in the Building Committee hereinafter mentioned. shall be erected. District Coun. cillors to appoint a Build Public notice to be issued V. And be it enacted, That at the said meeting as aforesaid, the Councillors may nominate and appoint a Chairman, Treasurer and Clerk, and also three other persons, ing Committee. who, together with the said Chairman and Treasurer, shall compose a Building ComTheir powers. mittee, who shall be authorized, and they are hereby authorized and empowered to contract for and superintend the erection and completion of such Gaol and Court House, under the control of the Councillors for the time then being, and in the name and on the behalf of the inhabitants of the said intended District to contract with any person or persons who shall desire to erect and furnish the same, according to the plan approved of as aforesaid, upon the site or situation fixed upon by this Act; and for that purpose the plan, elevation and specification of such Gaol and Court House shall continue and remain in the office of the said Clerk for general inspection; and public notice shall be given to all persons desirous to contract for building such Gaol and Court House, to deliver in within a certain limited time, proposals in writing under seal, of the sum of money for which he or they will engage to build and complete the same, conformably to certain articles and conditions to be agreed upon by the said Committee, or a majority of them; and that the said Committee shall, on a day for that purpose previously to be fixed, openly examine the said proposals so given in as aforesaid, and if they shall approve thereof the said Committee shall be empowered, and they are hereby required to contract with such person or persons as shall offer to undertake to build such Gaol and Court House for the lowest price; Provided the said person or persons making the said proposals shall give and enter into good and sufficient security, to be approved of by the said Councillors at some one of the meetings as is herein provided, for the due performance of his or their contract. calling for tenders for build ing. Proviso-the shall furnish What power the Councillors in the said County shall have. Meetings may VI. And be it enacted, That the said Councillors so assembled as aforesaid, shall have the like power and authority within the said County of Kent, as the District Councils in the several Districts of Upper Canada duly assembled, have by law, so far as relates to building Gaols and Court Houses in their respective Districts, and no further, unless provided for in this Act; and that they be authorized to adjourn the said meeting, from time to time, and assemble again as often as the business relating to the be adjourned. building of such Gaol and Court House shall seem to require: that the said Building Building ComCommittee shall be under their control and direction, and that the Clerk shall record subject to the Councillors. all the Resolutions, Rules and Orders of the said meetings in a book to be kept by him for that purpose; and if any vacancy or vacancies shall occur of Chairman, Treasurer Vacancies how or Clerk, or of any Member of the said Building Committee, before the said County of to be filled. Kent shall have been declared a separate District, by death, resignation or removal, the Councillors for the time then being shall be authorized to supply the vacancy, so often as it may occur, by other appointments. Until the new District is formed, the said County of Kent of the District. VII. And whereas it is expedient, that until the said County of Kent shall be declared a separate District, the said County shall bear and contribute a just portion of certain expenses of the Western District: Be it therefore enacted, That from and out of the rates and assessments raised, levied and collected in the said County of Kent, it shall and may be lawful for the Treasurer of the Western District annually to retain for the purpose aforesaid, such a sum as shall bear the same proportion to the total sum raised for defraying the expenses of the administration of Justice in the Western District, as the population of the County of Kent according to the then last census, shall bear to the whole population of the Western District by the same census, which proportion is only to extend to the Administration of Justice; and it shall be the duty of the said Treasurer of the Western District, after deducting such sum, and such sums as may have been raised for Common School purposes, or for any special local purpose in any Township or Townships or place, to pay over to the Treasurer to be appointed trict. as herein before directed, the balance of all rates and assessments raised, levied and collected, or which may hereafter be imposed, raised, levied and collected in the said County of Kent, and the same shall be applicable to the general benefit of the said intended District, and may be applied by the Councillors for the Townships in the said County of Kent towards erecting and building a Gaol and Court House therein; and the Treasurer of the Western District shall take receipts for the same, as the money shall be paid over, which receipts shall be allowed by the Auditors of the said Western District in their settlement with him. Balance to be paid over for intended Dis the use of the Such balance to be applied ing Committee for House. by the Build for the Gaol And allowed in the Treasu. rer's accounts. Monics reCeived by the Committee to the Gaol, and Building be applied for Court House, VIII. And be it enacted, That the said Building Committee shall and may apply Building Committee to keep counts. certain ac And to submit them to the District Couns |