CAP. II.

Preamble. 18 V. c. 91,

cited.

Life annuities

An Act to authorize the commutation of claims on Ordnance Lands, upon the transfer of such lands to the Province.

[Assented to 21st April, 1856.]

WHEREAS by the Act passed in the now last Session of

the Provincial Parliament, and intituled, An Act relating to the Ordnance Lands and Naval and Military Reserves in this Province, and for other purposes, the Governor in Council is empowered to accept the transfer of the lands and property mentioned in the said Act, on such terms and conditions as he may agree upon with Her Majesty's Imperial Government; And whereas the Military Pensioners have been located upon certain of the said lands at Toronto, London, Niagara, Penetanguishene, Amherstburg and Fort Erie, by the Military authorities, and have thereby acquired certain claims upon the said lands, and it has been agreed between Her Majesty's Imperial Government and the Governor in Council, that the said claims on the lands at Toronto, London and Niagara, shall be commuted upon the transfer of the said lands, for a pension of four pounds sterling per annum for life to each of the pensioners located thereon (in number amounting to five hundred) to be paid by this Province: And whereas it may be desirable to effect a like commutation of the claims of the pensioners located on the said lands at Penetanguishene, Amherstburg and Fort Erie, and also to make allowances for such improvements as may have been actually made thereon, according to the original written conditions of location: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows:

I. It shall be lawful for the Governor in Council to authorize may be grant- the payment out of the Consolidated Revenue Fund, of a life ed to pensioners on certain annuity not exceeding four pounds sterling per annum, to each Lands in lieu pensioner located as aforesaid upon the said Ordnance Lands of their claims at Toronto, London and Niagara, in consideration of the

thereon.

The same as to certain

Allowance for

transfer of the said lands to the Province, and in lieu of all claims of the said pensioners thereon,-provided the number of such pensioners do not exceed five hundred.

II. It shall be lawful for the Governor in Council, in consideration of the transfer of the said lands at Penetanguishene, other Lands. Amherstburg and Fort Erie, to authorize the payment of a like improvements, annuity out of the said Fund to each of the Pensioners located thereon, and of such further sum for his actual improvements, as he shall be entitled to according to the conditions of his location, such annuity and sum to be in lieu of all his claims upon such land; provided the number of such pensioners do not exceed two hundred, and that the sum paid to any such

pensioner

pensioner for improvements do not exceed the amount regulated Total amount by such conditions.

limited.

III. The said annuities and sums shall be a charge upon the How paid and said Consolidated Revenue Fund, and shall be paid and accounted for. accounted for in like manner as other sums charged thereon.

CAP. III.

An Act to amend the Act for establishing Freedom of
Banking.

[Assented to 21st April, 1856.]

HEREAS it is expedient to amend the Act for establish- Preamble. ing Freedom of Banking, in the manner hereinafter mentioned: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows:

I. The thirteenth Section of the Act passed in the Session Section 13 of held in the thirteenth and fourteenth years of Her Majesty's 13 & 14 V. Reign, and chaptered twenty-one, is hereby repealed, and the c. 21, repealfollowing section shall be substituted in lieu thereof:

ed: and a new section substi

tuted.

amounts.

"No individual Banker shall make or issue Bank Notes, Provincial and no Joint Stock Association shall commence the business of securities to be Banking, until they shall have respectively deposited in the fore commendeposited behands of the Receiver General, for the purposes of this Act, cing business, Debentures or other securities issued by, or the payment of the and to what principal and interest whereof is guaranteed by the Government of this Province, under the authority of the Legislature thereof, or secured upon the Upper Canada or the Lower Canada Municipal Loan Fund, and bearing interest at the rate of six per centum per annum, (or if bearing a less rate of interest, then to proportionally greater amounts) to amounts not less than those hereinafter mentioned, that is to say:

Any Joint Stock Association, to the amount of not less than Twenty-Five Thousand Pounds;

Any individual Banker, to the amount of not less than TwentyFive Thousand Pounds:

reckoned at

par.

The value of the said Debentures or securities being reckoned Value to be at par, and the same being held by the Receiver General in pledge for the due redemption of the Bank Notes of the Bank by which they are deposited, and the interest thereon being paid over to such Bank, as the same shall accrue, except as hereinafter provided."

Proviso to

Which said Section shall be construed as the thirteenth Section of the said Act.

II. The Proviso to the fourteenth Section of the said Act shall section 14 re- be and the same is hereby repealed, and the following Proviso pealed. shall be and is hereby substituted therefor, and shall be, and shall be deemed and taken to have been, the Proviso to the said fourteenth Section:

New Proviso substituted,

Preamble.

"Provided always, that all such Bank Notes shall bear date at the City, Town or Village wherein such Bank is situate,that they shall be made payable to bearer on demand,-that they shall be marked on the face thereof as being secured by deposit of Provincial securities,-and that they shall be held to be payable at the Office of the Bank, and not elsewhere."

CAP. IV.

An Act to change the tenure of the Indian Lands in the Township of Durham.

W

[Assented to 21st April, 1856.]

HEREAS an extent of eight thousand four hundred and ninety acres of land, in the Township of Durham in Lower Canada, was granted, in the year one thousand eight hundred and five, to divers Indians, for them and their legal successors, under and by virtue of Letters Patent issued under the hand and seal of Sir Robert Shore Milnes, at that time Lieutenant Governor, on the condition that they should settle thereon and be incapable of selling, alienating, or even leasing the said Lands; And whereas the said Indians, or their legal successors or representatives, have in certain cases sold, leased or alienated all their rights in respect of such lands, for fixed sums of ground rents, and have all abandoned the said lands after having so conveyed them; And whereas the parties to whom such lands were so conveyed, have cleared and improved the same, erected buildings thereon and made agricultural settlements thereof, of great value, and the doubts which have arisen respecting the legality of such transactions are a great obstacle to the further progress of the said settlements, and it is desirable, both in the interest of the Indians who do not reside any more on the said lands, and in that of the public of the said locality, that the said transactions should be rendered legal, in order to secure a just compensation to the former, and incontestable titles to the parties now in possession of the said lands; And whereas the Act passed in the eighteenth year of Her Majesty's Reign, and chaptered one hundred and sixty-seven, is insufficient for the object intended: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows:

I. The Act intituled, An Act to alter the Tenure of the Indian 18 V. c. 167, Lands in the Township of Durham, is hereby repealed. repealed.

Indians de

II. All conveyances, sales, promises of sale or emphyteotic Conveyances, leases in respect of the said lands by the said Indians, their leases, &c., by successors or legal representatives, shall hereafter be considered clared valid. as having been made by persons legally qualified to lease, alienate, sell, cede and convey their property, notwithstanding any thing to the contrary contained in the Letters Patent of such lands; Provided always, that an annual ground rent of not less Proviso. than ten dollars for each lot of two hundred acres shall have been stipulated in favor of the Indian to whom any such lot of land was originally granted, or of his heirs or legal representatives; And provided also, that should any contestation arise Proviso. with respect to the said lands between the said Indians and the parties who have purchased or leased or who shall hereafter purchase or lease the same, such contestation shall be referred to the Superintendent General of Indian Affairs, and his decision in the matter shall be final and conclusive.

lots.

III. Any purchaser of any lot or part of a lot of the Indian Purchasers in Lands in the Township of Durham, now in possession of the possession may redeem same, may, if he thinks fit, redeem the rent attached to such the rent atland or lot of land by any instrument within the provisions of tached to their the preceding section, and payable to the Indians or their legal representatives, by paying the capital thereof at the rate of six per cent., to the Superintendent General of Indian Affairs, who To whom is hereby authorized to receive every such deposit and give a payable. receipt therefor, according to Schedule A of this Act.

IV. Every such receipt, after the enregistration thereof in the Receipt for redemption Registry Office of the County of Drummond, shall be equivalent money to be to a title under Letters Patent of the Government, and shall equivalent to a discharge every such lot or part of a lot designated in such Patent. receipt, from all rents or other charges which may have theretofore been payable on the same in favor of the Indian or Indians to whom such lands were granted by the Government.

dian affairs to

V. The said Superintendent General of Indian Affairs shall Superinkeep an account of all sums deposited in his hands, and shall tendent of Inpay the interest thereon annually to the Indians, their legal keep accounts representatives or assigns, according to the proportion to which of moneys they are entitled in respect of such property.

paid.

dian has sold

VI. In any case in which one or more of the aforesaid Indians Provision in shall, prior to the first day of January, one thousand eight hun- case any Indred and fifty-five, have sold the rent attached to such land, the the rent on a party who shall have bona fide and for a valuable consideration lot. purchased the same, shall be entitled to be reimbursed the sum which he may have paid to such Indian or Indians, as and for the purchase money of such rent, or the sum so paid shall be

deducted

Act not to affect other

claims to the lands.

Public Act.

deducted from the capital which he shall have to pay for the redemption of the said rent.

VII. Nothing in this Act contained shall have the effect of determining in any manner the merits of conflicting titles of parties having claims to the said Indian lands in Durham, or of rendering valid contracts made by any panties with any others than the Patentee or Patentees, or his or their heirs or representatives.

VIII. This Act shall be deemed a Public Act.

SCHEDULE A.

Preamble.

1

of

I hereby certify that

in the

now in possession range of the Township of Durham (here give a description of the lot or part of lot occupied by the person to whom the receipt shall have been given: If a whole lot, or the one half of a lot is in question, it shall be sufficient to describe it by the numbers of the lot and range, but if a smaller part than one half be referred to, the limits and bounds must be set forth) has, this day, paid to me the sum of being the capital of a ground rent attached to said lot (or part of lot) of land, and that the said sum has been paid to me for the purpose of redeeming the said land from all rent, as provided by the Act, intituled, An Act to change the tenure of the Indian Lands in the Township of Durham, and to avail him as in law may appertain.

An Act to repeal in part an Act to provide a remedy against the City. of Quebec in case of injury to property by riot.

W

[Assented to 21st April, 1856.]

HEREAS by the fourth clause or section of an Act passed in the sixteenth year of Her Majesty's Reign, intituled, 16 V. c. 233. An Act to provide a remedy against the Corporation of the City of Quebec in case of injury to property by any mob, or during riots in the said City, it is enacted, "that whenever any "lecture, representation, or performance, exhibition or other public meeting, for admission or entrance to which money "shall be required or paid, shall take place, the said Corporation

"shall