pensating the losses which His Majesty's subjects have sustained in consequence of the late war, and for ascertaining and satisfying the lawful debts and claims thereupon,'" the estate in fifty acres of land, being the south half of Lot number One Hundred and Seven in the Township of Niagara, formerly occupied by one John Putman Clement, claiming to be the legal proprietor thereof, has been vested in the Commissioners appointed under and by virtue of the said Act, and sold by them as therein directed :-And Whereas the said Jolin Putman Clement has, by his petition, set forth, that he was prevented, by misapprehension, from traversing the inquisition in due time, by virtue of which the said lands became so forfeited; and that the person who purchased the same at the sale of the said Commissioners, was cognizant of his title to the said land, and that the same was erroneously returned as forfeited: And whereas it is desirable to afford to the said John Putman Clement an opportunity of exhibiting his claim to the said land, and trying the merits of such claim : 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 it shall and may be lawful for the said John Putinan Clement at any time within six months from the passing of this Act, to tra verse all or any inquisition or office whereby the real estate in the said land has been vested in His Majesty and the Commissioners aforesaid, as forfeited. If judgment be given for traverser, Cummissioners under 54 Geo 111 ch 9th, shel give a deed for the ue; Which being regis shall be valid. II. And be it further Enacted by the authority aforesaid, That if judgment be given for the Traverser upon his plea, it shall and may be lawful for the said Commissioners, upon proof being produced to their satisfaction that the purchaser of the said land, at the sale thereof by the said Commissioners, or other person holding the same at the time of passing this Act, was, at the time of his acquiring the same, cognizant of the titles of the said Johın Putman Clement thereto; and that the same was erroneously returned as forfeited, upon a transcript of the said judgment, under the seal of the Court, being filed with them, to execute a Deed of Bargain and Sale to the said Claimant of the lands in fee simple; which Deed, being fully registered in the Register Office of the tered in six months, County, within six months from the date thereof, shall be good and valid in Law, notwithstanding the former Deed thereof by them given, and shall vest the estate in the said land in said Claimant, any law, matter, or thing, to the contrary thereof notwithstanding.Provided always nevertheless, That nothing in this Act contained shall be construed to deprive any person or persons who, before of, or purchaser, to the passing of this Act, may have purchased the said land, or any part thereof, from the purchaser or purchasers thereof, at the sale, by order of the said Commissioners, or from any Assignee or Assignees of such purchaser, or purchasers, of his or their right to recover by law the amount of purchase-money which shall have been paid by him or them for the same to such purchaser or purchasers, or assignee or assignees respectively, Nothing in this Act to hinder guy assiguee recover the purchase money. Commissioners to the original pur repay money with interest. III. And be it further Enacted by the authority aforesaid, That it shall and may be lawful for the said Commissioners, out of the chaser the purchase monies now in the hands of the special Receiver appointed under and by virtue of the above-recited Act, to repay the purchaser or purchasers of the said land, at the sale thereof, by order of the said Commissioners, the monies paid and advanced by them for How paid. Traverser, if he suc ceed, may take pos ings upon paying for them. the purchase of the said lands, or any part thereof, together with the interest thereon accrued and due; and that for this purpose the said Commissioners shall and may issue their warrant or debenture on the said Special Receiver in favour of the said purchaser or purchasers, which warrant or debenture, when paid, shall be a sufficient discharge of the said Special Receiver. IV. And be it further Enacted by the authority aforesaid, That session of any build- if any purchaser or purchasers of the said property hath or have, since the sale thereof, by order of the said Commissioners, and be fore the passing of this Act, erected any buildings thereon, the Traverser of the said inquisition, if he shall succeed in his traverse, shall, before he shall be entitled to take possession of the premises, under any conveyance to him thereof made by the said Commis sioners, under the directions of this Act, pay to the persons entit led thereto such sum of money as the said Commissioners shall determine to be the value of such buildings, as aforesaid. The said John P. Clement to give secu. vity for costs. V. And be it further Enacted by the authority aforesaid, That before any traverse to the said inquisition shall be received or filed in the Office of His Majesty's Court of King's Bench, the said John Putman Clement, or his heirs, shall enter into a Bond to His Majesty in the penalty of Fifty Pounds, conditioned for the payment of all such costs as His Majesty may be put unto in or about the defending the said traverse, in case judgment shall be given thereon for His Majesty, His Heirs or Successors, or the said John Puiman Clement shall fail in prosecuting the same with effect. CHAP CHAP. XXXVII. AN ACT to authorise James Miles to Convey to Trustees a Lot of [PASSED JAN. 19th, 1824.] WHEREAS James Miles of Vaughan, in the Home District, Esq. hath, by petition, requested Legislative authority to dispose of Lot number Forty-Six, in the First Concession of the said Township of Vaughan, containing Two Hundred and Ten Acres, for religious and charitable purposes, to Mercy Miles and Robert Marsh, and the Elders for the time being of the Presbyterian Congregation of the Townships of Vaughan and Markham, having a Church or Place of Worship erected on the said Lot of Land, as Trustees in this behalf, and to the Elders of the said Congregation, to be here after annually appointed for the same purpose, and to hold the same in perpetuity for the erection of a Place of Worship, and other necessary buildings, and for such other purposes as in and by the said conveyance shall be declared of and concerning the said Lot: 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 effec tual Provision for the Government of the Province of Quebec, in North America, and to make further Provision for the Government PREAMBLE J Miles, Esq. au thorized to convey certain lands to the persons in trast for the Presbyterian Con gregation of Vaughan, and to hold in perpe tuity. of the said Province,'" and by the authority of the same:-That it shall and may be lawful for the said Mercy Miles and Robert Marsh, as such Trustees, and the Elders of the said Presbyterian Congregation for the time being, and their successors in office, to be annually appointed according to their present mode, to purchase, and for the said James Miles to convey the said Lot of Land herein-hefore mentioned, and to have, hold, receive, and take, a convey ance of the same, for the purposes aforesaid, and to, for, and upon, such other purposes, uses, and trusts, as shall by any conveyance or conveyances, to be executed and passed between the said par ties, be declared of and concerning the same, to have and to hold the same, to and for such uses and purposes, to the said Mercy Miles and Robert Marsh, and the Elders, for the time being, of the said Presbyterian Congregation of the Townships of Vaughan and Markham, and to their successors in the said office of Elders of the said Congregation, so to be annually appointed, in perpetuity for ever. |