taxes assessed on real estate in the said City of Hamilton are liens, and shall be collected in like manner, if not previously paid to the Commissioners. ers. XI. A majority of the said Commissioners shall constitute a Quorum of quorum for the transaction of any business allowed or required Commissionby the powers or duties of their commission, and all contracts and engagements, acts and doings of the said Commissioners within the scope of their duty or authority, shall be obligatory upon and be in law considered as done by the Mayor, Aldermen and Commonalty of the City of Hamilton. secute, defend XII. The said Commissioners may prosecute or defend any Commissionactions or process at Law or in Equity by the name of the ers may pro"Water Commissioners of the City of Hamilton," against any actions under person or persons for money due for the use of the water, for their name of the breach of any contract express or implied touching the office. execution or management of the works or the distribution of the water, or of any promise or contract made to or with them, and also for any injury or trespass or nuisance done or suffered to the water courses, pipes, machinery, or any apparatus belonging to or connected with any part of the works, or for any improper use or waste of the water; and any vacancy or the filling any vacancy in the Board of Commissioners, either before Vacancies in or after any cause of action arises or suit is commenced, shall the Board, not change the right of the said Commissioners as a body to commence or maintain such action or process at law or in Equity, but in all such cases they shall be considered from the time of the organisation of the Board as a Corporation. how filled. XIII. The Commissioners and their officers shall have the Commissionlike protection in the exercise of their respective offices and in ers to have the execution of their duties, as Justices of the Peace now have same protecunder the Laws of this Province. tion as Justices of the Peace £300,000. XIV. For the purpose of constructing the said Water Works Corporation of and paying the expenses attended thereon, it shall and may be Hamilton may lawful to and for the Mayor, Aldermen and Commonalty of the borrow City of Hamilton, and they are hereby required from time to time as the amounts may be required by the said Commissioners, to raise by loan upon the credit of the Debentures hereinafter mentioned, from any person or persons, body or bodies corporate, either in this Province, in Great Britain or elsewhere, who may be willing to lend the same, a sum of money not exceeding the sum of three hundred thousand pounds of lawful money of Canada, and for the Mayor of the said City of Hamilton for the time being, to cause to be issued Debentures or Bonds of the said City under the Corporation Seal, Debentures to signed by the Mayor and countersigned by the Chamberlain of be issued. the said City for the time being, in such sums not exceeding in the whole the said sum of three hundred thousand pounds, authorized to be borrowed under this Act, as the Commissioners shall 19 VICT. Principal to be shall direct and appoint, and the principal sum secured paid within 20 by the said Debentures shall be payable within twenty years years. Interest. Funds borrowed to be placed in Bank. from the issuing thereof, and the interest accruing thereon shall be made payable semi-annually, either in sterling or in currency in this Province, in Great Britain or elsewhere, as the 'said Council shall deem expedient or necessary. XV. The said Water Works to be erected and constructed under this Act, and also the Laud to be acquired for the purposes thereof, and every matter and thing therewith connected, shall be and they are hereby specially charged, pledged, mortgaged and hypothecated for the re-payment of any sum or sums which may be borrowed by the said Corporation for the purposes of this Act, as well as for the due and punctual payment of the interest thereupon, and all, each and every of the holders of the Debentures in the last previous section mentioned, shall have a concurrent pledge, mortgage, hypothec or privilege on the said Water Works and property appertaining thereto, for securing the payment of the said Debentures and the interest thereon. XVI. The funds derived from the negociation of the Debentures to be issued under this Act, shall, when received, be deposited by the said Commissioners for the time being, in some one or more of the chartered Banks of this Province, on such conditions as the said Commissioners shall from time to time agree upon, and only be withdrawn therefrom as they may from time to time be required for the payment and discharge of the liabilities that may be incurred in carrying out the improvements contemplated by this Act, and every check for the withdrawal of any moneys shall be signed by the Chairman and Chairman of the said Commissioners and also by the Mayor of Mayor.... the said City for the time being. Checks for money to be signed by Act not to be in force until Corporation of City pass By law. f XVII. This Act shall not have any force or effect until the Mayor, Aldermen and Commonalty of the City of Hamilton shall pass a By-law authorizing the construction of the said Water Works, and on the said By-law being passed, it shall be lawful for the Mayor of the said City and he is hereby authorized and required to issue his warrant to the Returning Officer for each Ward in the said City for the then next preceding election for Aldermen and Councillors, requiring the said Returning Officer to proceed to the election of one Water Commissioner for each Ward in the said City, in the same manner in all respects, and giving the same notices as are now of Water Com- required in case of Municipal Elections in the said City, and all persons authorized to vote at such Election for Aldermen and Councillors, shall be entitled to vote for the said Water Commissioner for his Ward, and not otherwise. M First election missioners. Term of office. sioners. XVIII. The said Water Commissioners shall, at their first Meeting after their Election, determine by lot or otherwise the terms during which they shall respectively hold their offices, and these shall be as follows: one of them shall remain in office one year, one two years, one three years, one four years, and one five years, all to be computed from the first Monday in the month of January next preceding. ed at each XIX. At the Municipal Election to be held in the said City Commissionin each year after the special Elections hereinbefore authorized ers to be electto be held for the Election of the said Water Commissioners, general munithere shall be elected in the same manner as the Aldermen and cipal election. Councillors are elected, and by the persons now authorized to vote at such Election, one Commissioner for the Ward in which a vacancy has occurred by the retirement of the Commissioner whose term of office has expired, who shall hold his office for five years next ensuing such election; and any vacancies that shall Vacancies, occur in the said Commission by death, resignation or other how filled. 14 wise, shall be filled by a person to be named by the Mayor, Aldermen and Commonalty of the City of Hamilton, but the person or persons so appointed to fill such vacancy shall hold his or their offices only for the residue of the term for which he or they may be appointed. XX. The Chairman of the said Commissioners and the said Salaries to be Commissioners shall be paid for their services as the Mayor, determined by Aldermen and Commonalty of the City of Hamilton shall Hamiltonbes0TY annually fix, and shall also be paid all reasonable travelling expenses incurred while employed upon or about the worką, XXI. This Act shall be deemed and taken as a Public Act. Public Act. САР. An Act to enable the Church-Wardens of St. George's Church, in the Town of St. Catharines, to sell and convey four acres of land originally purchased "as a site for a Parsonage," and for other purposes. [Assented to 19th June, 1856.]. HEREAS the Church-Wardens and other Members of Preamble. by their petition to the Legislature represented, That by an In- ་འ St. Church acres. St. George's Church, with the consent and approbation of the Incumbent, the Reverend A. F. Atkinson finding the above ground not only too distant, inconvenient for building, but also low and unhealthy in situation, purchased and fitted up a house with a large lot of ground attached in a convenient position in the Town of St. Catharines for a Parsonage for the Incumbent of the said parish, and which he is now occupying, on which there is still due a balance of about three hundred pounds. The Church-Wardens of said St. George's Church further represent that they are desirous to sell and dispose of the above mentioned property, namely, the four acres part of lot number fourteen in the sixth concession of Grantham mentioned and more particularly described in the said Indenture of the thirteenth day of April, one thousand eight hundred and fifty, and to appropriate the proceeds of the sale to pay the balance now due on the said parsonage house: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: I. It shall and may be lawful for the Church-Wardens of St. Wardens may George's Church in the Town of St. Catharines and their sell all or part successors in office to sell, alienate and convey by a good and of the said four sufficient title under their signature, all or any portion of the said four acres part of lot number fourteen in the sixth concession of Grantham purchased of William E. Parnell; and it shall be the duty of said Church-Wardens to apply the proceeds of such sale towards the payment of the debt due upon the present parsonage of St. George's Church in St. Catharines. Application of proceeds. Public Act. Preamble. Provisional II. This Act shall be deemed a Public Act. CAP. LXVI. An Act to provide for the separation of the County of W [Assented to 19th June, 1856.] HEREAS a very large number of inhabitants of the County of Peel, the junior County of the United Counties of York and Peel, have by their Petitions prayed that the said County of Peel may be set apart as a separate County for judicial and other purposes without unnecessary delay, and the wealth and population thereof being sufficient to warrant the same, it is expedient to make provision to enable the said County to separate from the said County of York as soon as the necessary provisions for that purpose shall have been made : Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: I. The Town Reeves and Deputy Town Reeves of the Council con several Townships, Villages and Towns in the County of Peel, as as the same is described and limited in and by the Act passed stituted for in the session held in the fourteenth and fifteenth years of Her Peel. Majesty's Reign, and intituled, An Act to make certain alter- 14 & 15 V. ations in the Territorial Divisions of Upper Canada, shall form c. 5. a Provisional Municipal Council for the said County, and shall with respect to the said County, have, possess and exercise all and singular the rights, powers, privileges and duties conferred, Its general granted or imposed by the Act passed in the twelfth year of powers, Her Majesty's Reign, and intituled, An Act for abolishing the 12 V. c. 78. Territorial Divisions of Upper Canada into Districts, and for providing for temporary Unions of Counties for judicial and other purposes, and for the future dissolutions of such Unions, as the increase of wealth and population may require, upon Provisional Municipal Councils erected by Proclamation under the authority of the said Act, and also all the powers which may be conferred on Provisional Municipal Councils generally by any other Act or Law in force in Upper Canada; subject to Subject to prothe provisions in the following sections contained. visions herein-> after made. manner. II. It shall be the duty of the Warden of the United Counties Warden of of York and Peel, to call a meeting of the Reeves and Deputy York and Peel Reeves of the County of Peel, at such place and hour as he to call a meeting of Reeves, shall appoint, on some day in the month of October, one thousand &c., of Peel, eight hundred and fifty-six: A notice of such meeting shall be and in what inserted in at least one of the Newspapers published within the said County of Peel, and a copy of such notice sent by mail or otherwise to each member of such Council, at least eight days before the day appointed for such meeting, by the Warden of the said United Counties of York and Peel: And the said Provisional Provisional Council at the first meeting thereof to be held under Warden to be this Act, shall first proceed to elect a Provisional Warden, after which, at the same meeting, or some adjournment thereof, they shall proceed to pass a By-law for the purpose of taking a vote To pass Byof the qualified Municipal Electors of the said County, on the law for a spequestion of separation, by a vote to be specially taken for that pur- against sepapose, each qualified Élector having one vote and voting "Yea" ration. or "Nay" after at least ten days' notice shall have been given in the manner to be provided by such By-law, of the time and place where the votes will be taken in the Wards of the several Municipalities forming the said County. elected. cial vote for or of votes be III. The Provisional Council shall meet, on the requisition of If the majority the Provisional Warden, on some day after the day or days against it, Proappointed for taking such vote, and proceed in open Council visional Counto ascertain the number of votes recorded "Yea" and "Nay;" cil dissolved. and if the result shall show that a majority of the votes recorded แ are Nay," then after making a record of the same in the minutes of the said Provisional Council, the said Council shall be dissolved. IV. If a majority of the votes recorded as aforesaid be " Yea, " If the majority then the said Provisional Council shall, at some meeting to be of votes be for held |