CHA P. XXI. AN ACT to Repeal part of an Act passed in the last Session of Parliament, entitled, "An Act vesting in the hands of certain Commissioners therein named, all the Stock, Debts, Bonds, and Property of the Pretended Bank of Upper-Canada, lately established at Kingston, for the benefit of the Creditors of that Institu tion, and to make further Provision for Settling the Affairs of the said Pretended Bank. PREAMBLE. [PASSED JAN. 19th, 1824.] WHEREAS it is expedient to Repeal part of an Act passed in the last Session of Parliament, entitled, "An Act vesting in the Hands of certain Commissioners therein named all the Stock, Debts, Bonds, and Property of the pretended Bank of Upper-Canada, lately established at Kingston, for the benefit of the Creditors of that Institution," and to make further Provision for settling the Affairs of the said pretended Bank : BE IT THEREFORE ENACTED by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Assembly of the Province of Upper-Canada, constituted and assembled by virtue of, and under the authority of an Act passed in the Parliament of Great Britain, entitled, “An Act to Repeal certain parts of an Act passed in the fourteenth year of His Majesty's Reign, entitled, 'An Act for making more effectual Provision for the Government of the Province of Quebec, in North America, and to make further Provision for the Government | of the said Province,'" and by the authority of the same:―That 10th clause and 22d 4th Geo IV. so far as relates to so much of the last clause of the said recited Act as restrains the persons therein named from selling, conveying, or transferring in persons from selftheir personal estate, be, and the same is hereby repealed. ing personal estate ropealed. The Board for ret fling the affairs of the ceive in payment for Bank of U. C. may redebts due the said in stitution, any notes of the bank or certificates of the board, II. And be it further Enacted by the authority aforesaid, That from and after the passing of this Act, it shall and may be lawful for the Board for settling the affairs of the pretended Bank of Upper-Canada, lately established at Kingston, in this Province, and they are hereby required to receive of and from any person or persons indebted to the said pretended Bank, or to any person or persons in trust for the said Bank, in payment of the debts due thereto, any Notes or Bills of the said Bank, or other security for money given thereby, or any Certificates which may have been, or shall hereafter be, issued by the said Board, of the amount found due by the said Bank to the holder or holders thereof.-Provided always, That the said Board shall not receive such Bills or Notes granting certificates. after as aforesaid, nor grant any Certificates therefor, as aforesaid, the expiration of nine callendar months from the passing of this Act. Time limited for receiving the same aud At the end of wine months from this date, and every six months after, dividends shall be made. III. And be it further Enacted by the authority aforesaid, That the said Board shall, at the end of nine months, and after the expiration of that period, at the end of every succeeding six months, make and declare a dividend and dividends at each time respectively, of all monies paid to them, as Commissioners for settling the sffairs of the pretended Bank of Upper-Canada, applying the same in equal proportion to the payment of each Certificate issued as aforesaid, excepting such Certificates as may be held by any of the late Directors or Officers of the late pretended Bank; which rectors and Officers. sum, so appropriated and paid, shall be endorsed on the back of such Certificate at the time of payment by the person receiving the same, or by the Clerk of the said Board. Exception as to Dis Dividend to be endorsed on certificate. Board may bring action for money bad makers and indorsers of notes, &e. IV. And be it further Enacted by the authority aforesaid, That and received, against it shall and may be lawful for the said Board to bring any action, or actions, for money had and received to the use of the said Board, against any person or persons who are makers, indorsers, or acceptors of any Bill of Exchange or Promissory Note due to the said pretended Bank, or who are indebted to the said Bank in any other manner by simple contract, and to give the said Bill or Bills of Exchange, or Promissory Note or Notes, or other matters, as evi dence thereof, whether the same shall have been made payable at the said pretended Bank or not, and whether the same shall have been presented there for payment or not.. And give the same in evidence. Board may burn Bill redeemed, in the pre Directors. V. And be it further Enacted by the authority aforesaid, That sence of one or more it shall and may be lawful for the said Board, from time time at their discretion, to burn and destroy the Bills or Notes, aforesaid, by them redeemed, in the presence of one or more of the Directors named in the said recited Act, having first taken an account of the said Notes so to be burned and destroyed, which account, entered in the books of the Board, and signed by the Director or Directors present, as well as the Clerk of the Board, shall be good and sufficient evidence of the destruction of the Notes so burned and destroyed. Account to be entered in a book and signed by the Director & Clerk of the Board good evidence of the pamber burned. CHAP. CHA P. XXII. AN ACT to Sanction and Make Valid an Agreement made at Montreal or the fifth day of August, 1823, by the Arbitrators appointed for Upper and Lower Canada, under the authority of an Act of the Parliament of Great Britain, passed in the third year of His Majesty's Reign, entitled, "An Act to Regulate the Trade of the Provinces of Lower and Upper Canada, and for other purposes relating to the said Provinces," for obtaining a Survey of the River Saint Lawrence, and for the Appointment of Commissioners for that purpose. [PASSED JAN. 19th, 1821.]) WHEREAS by the thirtieth clause of an Act of the Parliament of the United Kingdom of Great Britain and Ireland, passed in the third year of His Majesty's Reign, entitled, "An Act to Regulate the Trade of the Provinces of Lower and Upper Canada, and for other purposes relating to the said Provinces," it is, among other things, enacted, that the expense of Improving the Navigation of the waters of the River Saint Lawrence shall in future be defrayed by such measures, and in such proportions, as the Arbitrators to be appointed under the provisions of the said Act shall deter mine, upon the prayer of either Province.-Provided always, That no such determination shall be carried into effect until sanctioned and enacted by the Legislature of both of the said Provinces.AND WHEREAS an Address was presented by the House of Assembly of this Province at the last Session of the Provincial Parliament, praying His Excellency the Lieutenant Governor to direct the attention of the Arbitrators appointed under the authority of the said recited Act, on behalf of this Province, to the subject of the im PREAMBLE provement of the waters of the River Saint Lawrence, by provid ing for the Survey thereof by an Engineer properly qualified for that purpose. And whereas, in conformity to such request, the Arbitrators having taken the subject into consideration, did, by a public instrument under their hands and seals, agree as follows: Determination of the Arbitrators for the Provinces of Lower and WE, the under-signed Arbitrators, appointed under the provisions of an Act of the Imperial Parliament, 3d GEO. IV. Chap. 119, in pursuance of the Thirtieth Section of the said Act, have had under our consideration a letter from Andrew William Cochran, Esquire, Secretary to His Excellency the Governor in Chief administering the Government of the Province of Lower Canada, dated 22d July, 1823, enclosing certain Reports relating to the Na, vigation of the River Saint Lawrence, together with an Address from the House of Assembly of Upper-Canada to His Excellency the Lieutenant Governor of that Province, praying that a Survey may be taken, with a view of ascertaining what Improvement may be made in the Navigation of the waters of the River Saint Law rence, and that the amount of certain duties heretofore levied in Lower Canada, under an Act of the Legislature of that Province, (48th GEO. III.) and remaining unexpended, may be appropriated to the purpose of defraying the expense of the said Survey.-Upon which subject we have agreed and determined to recommend,— FIRST, That as a preliminary measure, Three Commissioners should be appointed in the usual manner, to inquire into the present state of the River, to suggest improvements in the Navigation |