which such Courts respectively have jurisdiction; and provided also, secondly, that Proviso. LV. And be it enacted, That whenever it shall please Her Majesty, Her Heirs or Successors, to appoint a Lord High Admiral of the United Kingdom, then and so long and as often as there shall be a Lord High Admiral of the United Kingdom, all the lands and powers vested in or given or hereafter to be vested in or given to the Commissioners for executing the Office of Lord High Admiral of the said United Kingdom, under or by virtue of any Act or Acts now in force, or of this Act, or of any Act or Acts in this present Session of Parliament, or hereafter to be passed, shall be and become vested in the Lord High Admiral of the United Kingdom for the time being, in trust for Her Majesty, Her Heirs and Successors for the public service, and he, for the time being, shall be the sole Commissioner for carrying this Act into effect; but that when and so often as there shall be no Lord High Admiral of the said United Kingdom, but it shall please Her Majesty, Her Heirs or Successors, to appoint any persons Commissioners for executing the Office of Lord High Admiral of the said United Kingdom, then so long as the said office shall be executed by Commissioners as aforesaid, all acts, deeds, matters and things to be done or executed by the said Commissioners in pursuance or under the authority of this Act, may be done or executed by any two of such Commissioners for the time being, and the same shall be as valid and effectual as if done or executed by all the said Commissioners. LVI. And be it enacted, That it shall be lawful for the Lord High Admiral of the said United Kingdom for the time being, or if there be no Lord High Admiral, then for the Commissioners for executing the Office of Lord High Admiral for the time being, or for any two or more of such Commissioners, and he or they respectively are hereby empowered from time to time as occasion may require, to authorize and empower any person or persons, or any Officer or Officers, by his or their name or title of office, to exercise or execute all or any of the powers, authorities or duties, or to perform and do and execute all or any acts, matters and things, which, by virtue of this Act, the said Lord High Admiral or Commissioners for executing the office of Lord High Admiral of the said United Kingdom, may exercise, execute, perform or do, as validly and effectually as the said Lord High Admiral or Commissioners aforesaid might exercise, execute, perform and do the same, and to revoke such authority at pleasure, and such authority shall, notwithstanding the death, resignation, or removal from office of such Lord High Admiral or Commissioner, or any one or more of them who shall have given the same, remain in force as if given by the said Lord High Admiral or Commissioners for executing the office of Lord High Admiral for the time being, until it shall be revoked by the said Lord High Admiral for the time being, or by the Commissioners for executing the office of Lord High Admiral for the time being, or any two of them. Property to be vested when there shall be one, &c, in Lord High Admiral Powers given by this LVII. And be it enacted, That in the construction and for the purposes of this Act, Interpretation clause. unless there be something in the subject or context repugnant to such construction, the following words shall bear the meaning assigned to them respectively, that is to say the words "Lower Canada," wheresoever they occur in this Act, or in the Schedule hereunto annexed, shall be held to mean all that part of this Province which formerly constituted the Province of Lower Canada, and the words "Upper Canada,' all that part of this Province which formerly constituted the Province of Upper Canada; and the words "Her Majesty," or "the Crown," shall be held to mean and include Her Majesty and Her Royal Predecessors and Successors, and the words "Commissioners of the Admiralty," and the word "Commissioners," shall severally be construed to mean the Commissioners for executing the office of Lord High Admiral of the United Kingdom of Great Britain and Ireland, for the time being, but shall 244 * apply Public Act. apply also to the said Lord High Admiral whenever there shall be such Officer; the words " person or persons" shall each of them be construed to include all bodies politic, corporate, collegiate, ecclesiastical and civil, both aggregate and sole, as well as every private individual; the word "lands," shall be construed to include lands of every tenure, and also houses, buildings, grounds, tenements and hereditaments, both corporal and incorporal, of every description and tenure; and all words importing the singular number or the masculine gender only, shall be held to include the plural number, and females as well as males, unless the context shall clearly require that a more limited meaning be assigned to them. LVIII. And be it enacted, That this Act shall be deemed and taken to be a Public Act, and shall be judicially taken notice of as such by all Judges, Justices, and others. SCHEDULE Of certain Lands vested in the Commissioners for executing the Office of Lord High Admiral of the United Kingdom of Great Britain and Ireland, by this Act. Firstly. The three Reserves in the Township of Sherbrooke, in the County of Haldimand, at or near the embouchure of the Grand River, on the north shore of Lake Erie, containing two hundred and eighty-eight acres, more or less, to wit: The first, at the mouth of Grand River, containing two hundred and nineteen acres, more or less; the second, at Barbet Point or Pointe au Barbet, containing forty-eight acres two roods and thirty-two perches, more or less; and the third, at Mohawk Bay, containing twenty acres, more or less. Secondly. Those Reserves situate in the Townships of Tiny and Tay, in the County of Simcoe, on the south-easterly side of Penetanguishene Harbor, containing three hundred and eighty-nine acres, more or less. Thirdly. Those Reserves situate near the City of Kingston, to wit: So much of Point Frederick in the Township of Pittsburg in the County of Frontenac, now in the possession of the Naval Authorities at Kingston, and included between a fence or fences on the south side of the road leading from the east end of the Cataraqui Bridge to the Village of Barrifield, and another fence at the south-west end of the Naval Yard separating it from the Tower on the extremity of Point Frederick; and also Point Frederick, the Inlets designated as Haldimand Cove and Hamilton Cove. Fourthly. Those Reserves, situate on the east branch of the Holland River, in the town plot of Gwillimbury, in the County of Simcoe, to wit: Lots numbers forty-nine, fifty, fifty-one and fifty-two, west side of Meadow Street, containing together about four acres. Fifthly. Those Reserves at Pointe Pelée, in the Township of Mersea, in the County of Essex, containing three thousand acres, more or less. Sixthly. Lot number thirteen, in the eleventh concession of the Township of Vespra, in the County of Simcoe, containing two hundred acres, more or less. Seventhly. Lots number one, in the first and second concession of the Island of St. Joseph in Lake Huron, with the broken fronts to the south of the said lots, containing five hundred acres, more or less. Eighthly. The south half of lot number six, in the ninth concession of the said Island of St. Joseph, on Milford Haven, containing one hundred and six acres, more or less. Ninthly. All the land conveyed by a certain deed from Captain R. O'Connor, acting by his Attorney J. B. Marks, to Commissioner R. Barrie, bearing date twenty-third of August, one thousand eight hundred and nineteen, and witnessed by Wm. Joseph Robins and James Nichols, Junior. САР. CAP. LXVIII. An Act to continue for a limited time the several Acts and Ordinances therein mentioned, and for other purposes. the [30th August, 1851.] Preamble. 8 Vict. c. 27. 8 Vict, c. 53. c, THEREAS it is expedient further to continue the Acts and Ordinances hereinafter mentioned, which would otherwise expire at the end of the present Session: 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 the Act of the Parliament of this Province, passed in the Session held in the fourth and fifth years of Her Majesty's reign, and intituled, An Act to regulate the Fisheries in 4 & 5 Vict, c. 36. the District of Gaspé; the Act of the said Parliament, passed in the eighth year of Her Majesty's Reign, and intituled, An Act for the better preservation of the Peace, and 8 Vict. c. 6. prevention of riots and violent outrages at and near Public Works while in progress of construction; the Act of the said Parliament, passed in the same year of Her Majesty's Reign, and intituled, An Act to amend the Act and Ordinance therein mentioned, relative to the Registration of Titles to, and Incumbrances upon, Real Property in Lower Canada; the Act of the said Parliament, passed in the same year of Her Majesty's Reign, and intituled, An Act for the relief of Insolvent Debtors in Upper Canada, and for other purposes therein mentioned; the Act of the said Parliament, passed in the same year of Her Majesty's Reign, and intituled, An Act to repeal certain Acts therein mentioned, and better to encourage Agriculture in Lower Canada, by the establishment of Agricultural Societies therein, excepting so much of the said last mentioned Act as is repealed by the Act of the said Parliament, passed in the ninth year of Her Majesty's Reign, and intituled, An Act to amend the Act for the encourage- 9 Vict, c. 14. ment of Agriculture by the establishment of Agricultural Societies in Lower Canada, and the said last mentioned Act; the Act of the said Parliament, passed in the said ninth year of Her Majesty's Reign, and intituled, An Act to allow the formation of 9 Vict. c. 24. more than one Agricultural Society in a County in Lower Canada, and for the relief of the Society for the County of Montreal; the Act of the said Parliament, passed in the same year of Her Majesty's Reign, and intituled, An Act to empower Commissioners for enquiring into matters connected with the public business, to take evidence on oath ; the Act of the said Parliament, passed in the Session held in the tenth and eleventh years of Her Majesty's Reign, and intituled, An Act to enlarge the powers of the 10 & 11 V. c. 1. Trinity House of Montreal, in certain cases where the Public Health of the City may be endangered; the Act of the said Parliament, passed in the eleventh year of Her Majesty's Reign, and intituled, An Act to provide for the Inspection of Butter in Quebec and Montreal; the Act of the said Parliament, passed in the eleventh year of Her Majesty's Reign, and intituled, An Act to amend the Laws relating to the 11 Vict. c. 11. Incorporation of the City of Montreal; and the Act of the Parliament of the late Province of Lower Canada, passed in the second year of the Reign of His late Majesty, King George the Fourth, and intituled, An Act for better regulating the Common of 2 Geo. 4, c. 8. the Seigneurie of Laprairie de la Madeleine; the Act of the said Parliament, passed in the same year of the same Reign, and intituled, An Act to enable the inhabitants of 2 Geo. 4, c. 10. the Seigniory of La Baie Saint Antoine, commonly called La Baie du Febvre, to provide for the better regulation of the Common in the said Seigniory, as amended and extended by the Act of the said Parliament, passed in the fourth year of the same Reign, and intituled, An Act to authorize the Chairman and Trustees of the Common of 4. Geo. 4, c. 26. the Seigneurie of the Baie St. Antoine, commonly called the Baie du Febvre, to terminate certain disputes relating to the limits of the said Common, and for other purposes appertaining to the same; the Act of the said Parliament, passed in the ninth year of 9 Vict. c. 38. 11 Vict. c. 7. L. C. the same Reign, and intituled, An Act to provide for the more effectual extinction of II. And be it enacted, That the Act of the Parliament of this Province, passed in the seventh year of Her Majesty's Reign, and intituled, An Act to repeal an Ordinance of Lower Canada, intituled, An Ordinance concerning Bankrupts, and the administration and distribution of their estates and effects, and to make provision for the same object throughout the Province of Canada, and the Act amending the same, passed in the ninth year of Her Majesty's Reign, and intituled, An Act to continue and amend the Bankrupt Laws now in force in this Province, in so far only as the same are continued by and for the purposes mentioned in the Act passed in the twelfth year of Her Majesty's Reign, and intituled, An Act to make provision for the continuance and completion of proceedings in Bankruptcy now pending, and the said last mentioned Act, shall respectively be and they are hereby continued, and shall remain in force until the said first day of January next, and thence, until the end of the then next ensuing Session of the Provincial Parliament, and no longer. time. III. And be it enacted, That the Act of the Parliament of the late Province of 6 W. 4, c. -, contiLower Canada aforesaid, passed in the sixth year of the Reign of His late Majesty nued for a certain King William the Fourth, and intituled, An Act to regulate the Fees of persons employed by Justices of the Peace in the Country Parishes, as Clerks or Bailiffs in certain cases, shall be and is hereby continued to the said first day of January next, and thence, until the end of the then next ensuing Session of the Provincial Parliament, and no longer : Provided always, that in the several Judicial Districts of Lower Canada, so much of the said Act as relates to the Fees to be granted to persons acting as Clerks to Country Magistrates, shall cease to have any force, so soon as a Tariff of Fees shall have been promulgated in the said Districts respectively, under the provisions of an Act passed in the present Session of the Legislature, intituled, An Act to facilitate the performance of the duties of Justices of the Peace out of Sessions with respect to persons charged with indictable offences. IV. Provided always, and be it enacted, That nothing herein contained, shall prevent or be construed to prevent the effect of any Act passed or to be passed during the present Session, repealing, amending, rendering permanent, or continuing to any further period than that herein appointed, any of the Acts or Ordinances herein before mentioned and continued. V. And whereas it is expedient to extend and continue for a limited time certain provisions of the Act hereinafter mentioned, Be it therefore enacted, That for and notwithstanding any thing in the Act passed in the twelfth year of Her Majesty's Reign, and intituled, An Act to remedy certain defects in the Registration of Deeds and Instruments relating to real property in the Registry Office at Montreal, or in the Act passed in the Session held in the thirteenth and fourteenth years of Her Majesty's Reign, intituled, An Act to extend the period limited for certain purposes in the Montreal Registry Office, the period of twelve months, from the passing of the said Act first mentioned in this section, which is therein mentioned as the period during which the registration of certain Instruments may be efficiently completed in the manner in the said Act provided, and during which no error, omission or irregularity on the part of Edward Dowling or his Deputy, shall be held to render the registration of any Instruments incomplete or void, and during which certain other things may or must be done under the said Act, and which was extended by the said last mentioned Act to the period of twelve months from the passing thereof, shall be and the same is hereby further extended to the period of twelve months from the passing of this Act, and the said first mentioned Act, and this Act shall be construed and have effect to all intents and purposes whatsoever, and all Commissions issued under the said Act, and all things done by the Commissioners, shall be valid and effectual as if the period last aforesaid had been mentioned in every part of the said Act, instead of the period therein mentioned and first aforesaid, and as if the Act had been passed before the expiration of the period first aforesaid: Provided always, that it shall be lawful for the Governor in Council, at any time within the said period of twelve months from the passing of this Act, by Proclamation under the Great Seal, inserted at least four times in the Canada Gazette, that the said period shall be abridged and shall expire on a day certain therein mentioned, and the same shall thereupon be abridged accordingly, and the day in such Proclamation mentioned for that purpose, shall be to all intents and purposes as the day on which the said period of twelve months from the passing of this Act will expire, so far as regards the said Act first mentioned in this section and this Act, or any thing therein or herein contained. Proviso: certain fees to be paid till a Tariff is promulgated under under the said Act 14 & 15 Vict, c. 95, Proviso: this Act not to affect any Act passing &c. any of the above Acts, ed this Session repeal The period fixed by 12 Vict. c. 121, and Vict. c. 93, for completing registration of to be further ex extended by 13 & 14 certain instruments, tended. Proviso. САР. |