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Pending pro

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And also shall not hereafter, by reason of the change of name hereby made, be deprived of or disqualified from exercising or enjoying any addition, title, degree, qualification, advantage, benefit, possession, calling, appointment, honor, position, or any interest or property of any nature or kind whatsoever, which they now respectively have, hold, possess or enjoy, or are, or might hereafter respectively be capable of recovering, having, holding, possessing, inheriting and enjoying, if the said change of name had not been made by the adoption and addition of the said name of Fellowes.

III. If any suit, or legal or equitable proceeding has been ceedings not to commenced by or against any of the said parties whose names are changed by virtue of this Act, by their or his or her former name, such suit or proceeding shall not be abated, nor any relief or recovery sought thereby be prevented, by reason of any such change of name, but the same may be continued and carried on to judgment and execution, and until satisfaction and discharge had, as if this Act had not passed.

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IV. This Act shall be deemed a Public Act.

CAP. XXXIV.

An Act to authorize the Court of Chancery, and the
Courts of Queen's Bench and Common Pleas, in
Upper Canada, to admit Henry Spencer Papps to
practise as a Solicitor and Attorney.

W

[Assented to 16th May, 1856.] HEREAS by an Act of the Legislature of Upper Canada, passed in the second year of the Reign of His Majesty, King George the Fourth, intituled, An Act to repeal part of and amend an Act passed in the thirty-seventh year of His late Majesty's Reign, intituled, 'An Act for the better regulating the practice of the law,' and to extend the provisions of the same, it is amongst other things enacted, that from and after the passing of the said Act, no person shall be admitted by the Court of King's Bench to practise as an Attorney, unless upon an actual service under articles for five years with some practising Attorney; And whereas it appears by the Petition of Henry Spencer Papps, of the City of Hamilton, in the County of Wentworth, and Province of Canada, gentleman, and by certificates and documents therein referred to and produced in support thereof, that the petitioner was duly articled for five years to William Yeats Aiken, of Lincoln's Inn, in the City of London, England, in the United Kingdom, then a practising Attorney of Her Majesty's Courts of Exchequer, Queen's Bench and Common Pleas, as also a Solicitor in Her Majesty's High Court of Chancery, in that part of the United Kingdom of Great Britain, called England; And whereas it also appears that the

Petitioner

Petitioner has taken the usual oaths of allegiance for admission, and was duly admitted, and is now an Attorney of Her Majesty's Courts of Exchequer, Queen's Bench, Common Pleas, Bankruptcy, and also a Solicitor of the High Court of Chancery in England; And whereas it appears that the Petitioner came into this Province in the month of May, one thousand eight hundred and fifty, and settled in the City of Hamilton with the intention of practising his profession in Upper Canada; And whereas it appears that the Petitioner has been for upwards of one year preceding the presentation of the said petition, acquiring a knowledge of the practice of the Provincial Laws of Canada, under the direction of a practising Barrister and Solicitor of Upper Canada; And whereas the said Petitioner is desirous of practising in the Courts of Law and Equity in Upper Canada, and it is expedient to relieve him from the disability imposed by the said Act: 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 Courts of Queen's Courts of Law Bench and Common Pleas in Upper Canada, in their discretion, and Equity in U. C. may in to admit the said Henry Spencer Papps, without further their discreservitude or oath of allegiance, to practise as an Attorney of the tion admit H. said Courts; And it shall also be lawful for the Court of Chan- S. Papps to cery, in Upper Canada aforesaid, in its discretion to admit the practise as an Attorney, &c. said Henry Spencer Papps to practise as a Solicitor in the said Court of Chancery, without further oath of allegiance or servitude as aforesaid; any law or usage to the contrary notwithstanding.

II. This Act shall be deemed a Public Act.

CAP. X X X V.

An Act to vest a certain allowance for Road in the Township of Hamilton, County of Northumberland, in John Wade and Benjamin Seymour.

W

[Assented to 16th May, 1856.]

Public Act.

HEREAS the Honorable Benjamin Seymour is the owner Preamble. in fee of the rear seventy acres of lot number thirty-four, in the first concession of the Township of Hamilton, in the County of Northumberland, and John Wade is the owner in fee of the residue of the said lot; And whereas the original allowance for road between lots numbers thirty-four and thirtyfive in the first concession of the said Township is impracticable, and in consequence thereof there has been opened across and through the said lot number thirty-four a travelled road which is now become established by user, and for which no compensation was ever made to the owners of the said lot; And whereas there is now no necessity for the opening of the

The said al

lowance vest

ed in the Hon. B. Seymour and J. Wade.

Public Act.

Preamble.

said allowance for road between lots numbers thirty-four and thirty-five, save and except that part thereof between the old travelled road and the concession line in front of the said first concession; And whereas the said Honorable Benjamin Seymour and John Wade have prayed the Legislature to vest in them the said road allowance in lieu of and as compensation for the land taken for the said Road across lot number thirtyfour as before mentioned; And whereas it is expedient to vest in them the said road allowance, so far as the same adjoins their respective estates, save and except that part thereof hereinbefore mentioned: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows:

I. The said allowance for road so far as it adjoins that part of the said lot number thirty-four, in the first concession of the said Township of Hamilton, now owned by the said Honorable Benjamin Seymour, shall be vested in him, his heirs and assigns for ever; and that part of the said allowance for road which adjoins the property of the said John Wade, shall be vested in him, his heirs and assigns for ever; save and except that part of the said allowance south of the point where it intersects the old travelled road between Toronto and Kingston, and the present gravelled road.

II. This Act shall be held to be a Public Act.

CAP. XXXVI.

An Act to vest in Samuel Doolittle and Robert Johnson, a certain allowance for Road in the Township of Haldimand.

[Assented to 16th May, 1856.]

WHEREAS Samuel Doolittle and Robert Johnson, both of the Township of Haldimand, in the County of Northumberland, farmers, and divers other freeholders of the said Township, have by their petition represented, that the said Samuel Doolittle is the owner in fee and occupier of the north halves of lots numbers fourteen and fifteen, in the Broken Front, Concession A, of the said Township, and that the said Robert Johnson is the owner in fee and occupier of the south halves of the same lots; that the allowance for road between the said lots has never been opened, but that instead thereof, and for the greater convenience of the public, in consequence of the extreme unfitness of the said road allowance for a road, a strip of land taken for the most part from off the east side of the said lot number fourteen, has been used by the public as a highway for nearly fifty years, and is now used as such from the regular highway between Cobourg and Kingston to the Lake Shore, for which no compensation has been made to the said Doolittle and Johnson, and the petitioners have prayed that the said

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present

present highway may be confirmed, and the original road allowance vested in the said Samuel Doolittle and Robert Johnson, each for his proper share, and it is right to grant the prayer of the said petition: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows:

and Johnson.

I. Notwithstanding any thing to the contrary in any Act or The said alLaw, so much of the original allowance for road between lots lowance vestnumbers fourteen and fifteen in the said Broken Front, Conces- ed in Doolittle sion A, of the said Township of Haldimand, as lies between the north halves of the said lots, is hereby vested in the said Samuel Doolittle, his heirs and assigns for ever; and so much of the said allowance for road as lies between the south halves of the said lots is hereby vested in the said Robert Johnson, his heirs and assigns for ever; and the strip of land mentioned in the Preamble as being now used as a highway instead of the said allowance for road, shall be a public highway from the main road between Kingston and Cobourg to the Lake Shore.

II. This Act shall be deemed a Public Act.

Public Act.

CAP. XXXVII.

An Act to vest in James Taunton, a certain Allowance for Road in the Township of Southwold.

W

[Assented to 16th May, 1856.]

HEREAS the original allowance for road between Lot Preamble. number Ten in the Second Range East of the River Road and Lot number Forty, South of Talbot Road East, presented great obstacles to its being rendered fit for travel, and in consequence thereof a new Road was established across and through the fronts of lots numbers forty, forty-one and forty-two, whereby a part of the said lot number forty, south of Talbot road east was severed and detached from the other part of the said lot; And whereas the proprietor of the said lot number forty never received any compensation for the land taken for the said new road, and whereas James Taunton, of the Township of Southwold, farmer, has purchased and now owns the said part or parcel of lot number forty so severed as aforesaid which adjoins other property of the said James Taunton; And whereas the said James Taunton hath petitioned the Legislature to vest in him so much of the said original allowance for Road as lies between the point where the said new road diverges from the said original allowance for road in front of the said lot number forty, and the boundary line between the said lot number forty and the lot number forty-one adjoining the same; And whereas it is reasonable and proper to grant the prayer of the said petition: Therefore, Her Majesty, by and

The said al

ed in James

Taunton.

with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows:

I. That part of the said original allowance for road between lowance vest the point where the said new road diverges from the said original allowance for road in front of the said lot number forty and the boundary line between the said lots numbers forty and forty-one, south of Talbot road east, shall be and the same is hereby vested in the said James Taunton, his heirs and assigns for ever, and the said new road is hereby declared a public highway in place of the said old allowance for road.

Public Act.

II. This Act shall be deemed a Public Act.

CAP.

XXX VIII.

Preamble.

The said al

en in John Farley.

An Act to vest in John Farley the younger, a certain Allowance for Road, in the Township of Darlington. [Assented to 16th May, 1856.]

W

HEREAS the allowance for Road between the North halves of lots numbers eighteen and nineteen in the Fifth Concession of the Township of Darlington is not required as a road and would be impassable if opened; And whereas John Farley the younger, of Darlington, Gentleman, has granted a road in lieu thereof, and the municipal Council of Darlington have consented that the said allowance for road should be vested in the said John Farley the younger, in lieu of the road granted by him as aforesaid: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows:

I. For and notwithstanding any thing in any Act of the lowance vest Parliament of Upper Canada or of Canada contained, the road or concession allowance between the North halves of lots numbers eighteen and nineteen in the Fifth Concession of the said Township of Darlington shall be and is hereby vested in the said John Farley the younger, his heirs and assigns for ever, and the said road so granted by the said John Farley the younger, is hereby declared a public highway in lieu of the said road or concession allowance.

Public Act.

II. This Act shall be deemed a Public Act.

Preamble.

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An Act to vest in Daniel Burritt a certain Allowance for Road in the Township of Marlborough.

W

[Assented to 16th May, 1856.] HEREAS in the year one thousand eight hundred and thirty-six, a road from the River Rideau through the Broken Front and first concession of the Township of Marlborough, (then in the District of Johnstown, but now in the

County

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