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VII. And be it enacted, That this Act may be amended or Act may be repealed by any Act to be passed in the present Session of Par. amended, &c. liament.
[28th July 1849.]
ing the Turnpike Roads in Ireland were, by an Act passed - in the Session of Parliament holden in the Fourth and Fifth • Years of the Reign of Her present Majesty, amended and con
tinued for a Time therein limited : And whereas the said Acts
were further continued from Time to Time, save as specially • excepted : And whereas, under the Provisions of an Act of the • last Session of Parliament, the said Acts, save as therein ex'cepted, are further continued, and will remain in force until the • Thirty-first Day of July in the present Year, or, if Parliament
be then sitting, until the End of the then Session of Parlia• ment : And whereas it is expedient that the several Acts for
making, amending, or repairing Turnpike Roads in Ireland • should be further continued:' Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That any Act for making, amending, or repairing any Turnpike Acts for Road or Roads in Ireland which will expire on the said Thirty- making, &c. first Day of July in the present Year, or at or before the End of Turnpike
Roads in Irethe present or next ensuing Session of Parliament, shall be and the land which same is hereby continued, as amended by the said recited Act of will expire on the Fourth and Fifth Years of Her Majesty's Reign, until the 31st July 1849, Thirty-first Day of July One thousand eight hundred and fifty, or, &c. further if Parliament be then sitting, until the End of the then Session of continued. Parliament.
II. Provided always, and be it enacted, That nothing herein Nothing in this contained shall apply or extend to continue an Act of the Seventh Act to continue and Eighth Years of the Reign of His late Majesty King George
the 7&8 G, 4, the Fourth, intituled An Act for repairing and improving the Road from Dublin, by Ashbourne, io Slane and Drogheda, except so far as the said Act may repeal any former Act.
III. Provided also, and be it enacted, That an Act passed in Act 9 G. 4, the Ninth Year of the Reign of King Georye the Fourth, intituled c. lxxx, to conAn Act for more effectually repairing and improving the Road tinue until leading from Lisburn in the County of Antrim to the Town of and no longer. Monaghan, shall be continued until the First Day of October in the Year One thousand eight hundred and fifty, and no longer, unless Parliament shall in the meantime further continue the said Act.
IV. Provided also, and be it enacted, That an Act of the First Act 1 & 2 G.4. and Second Years of the Reign of King George the Fourth, inti- c. xxxviii. to tuled An Act for repairing the Road from the Town of Athy in continue till the County of Kildare, through the Town of Castlecomer in the and no longer. County of Kilkenny, to the City of Kilkenny, and from the Town of Castlecomer to the Town of Leighlin Bridge in the County of 12 & 13 Vict, M
Carlow, and from the Town of Carlow to the said Town of Cas. tlecomer, shall continue in force until the First Day of October in the Year One thousand eight hundred and fifty, and no longer,
unless Parliament shall in the meantime continue such Act. Act may be
V. And be it enacted, That this Act may be amended or amended, &c. repealed by any Act to be passed in this present Session of Parliament.
САР. XLVIII. An Act to provide for the Administration of Justice in Van: couver's Island.
[28th July 1849.] WHEREAS an Act was passed in the Forty-third Year 43 G. 3. c. 138.
of King George the Third, intituled An Act for extending the Jurisdiction of the Courts of Justice in the Provinces
of Lower and Upper Canada to the Trial and Punishment of - Persons guilty of Crimes and Offences within certain Parts of • North America adjoining to the said Provinces : And whereas by
• an Act passed in the Second Year of King George the Fourth, 1& 2 G. 4. c. 66. “ intituled An Act for regulating the Fur Trade, and establish
• ing a Criminal and Civil Jurisdiction, within certain Parts of
North America, it was enacted, that from and after the passing • of that Act the Courts of Judicature then existing or which
might be thereafter established in the Province of Upper • Canada should have the same Civil Jurisdiction, Power, and • Authority, as well in the Cognizance of Suits as in the issuing
Process, mesne and final, and in all other respects whatsoever, I within the Indian Territories and other Parts of America not • within the Limits of either of the Provinces of Lower or Upper Canada or of any
Civil Government of the United States, as the " said Courts had or were invested with within the Limits of the • said Provinces of Lower or Upper Canada respectively, and that • all and every Contract, Agreement, Debt, Liability, and Demand • whatsoever, made, entered into, incurred, or arising within the ' said Indian Territories and other Parts of America, and all and
every Wrong and Injury to the Person or to Property, real or • personal, committed or done within the same, should be and be • deemed to be of the same Nature, and be cognizable by the same • Courts, Magistrates, or Justices of the Peace, and be tried in the
same Manner, and subject to the same Consequences in all respects, as if the same had been made, entered into, incurred, • arisen, committed, or done within the said Province of Upper • Canada, and in the same Act are contained Provisions for
giving Force, Authority, and Effect within the said Indian Ter• ritories and other parts of America to the Process and Acts of • the said Courts of Upper Canada ; and it was thereby also • enacted, that it should be lawful for His Majesty, if He should • deem it convenient so to do, to issue a Commission or Commis' sions to any Person or Persons to be and act as Justices of the • Peace within such Parts of America as aforesaid, as well within
any Territories theretofore granted to the Company of Adven' turers of England trading to Hudson's Bay as within the Indian · Territories of such other Parts of America as aforesaid ; and it
was further enacted, that it should be lawful for His Majesty ' from Time to Time by any Commission under the Great Seal to
• authorize and empower any such Persons so appointed Justices ' of the Peace as aforesaid to sit and hold Courts of Record for the • Trial of Criminal Offences and Misdemeanors, and also of Civil • Causes, and it should be lawful for His Majesty to order, direct, ' and authorize the Appointment of proper Officers to act in aid • of such Courts and Justices within the Jurisdiction assigned to • such Courts and Justices in any such Commission, provided that • such Courts should be constituted, as to the Number of Justices
to preside therein, and as to such Places within the said Terri* tories of the said Company, or any Indian Territories or other
Parts of North America as aforesaid, and the Times and Man• ner of holding the same, as His Majesty should from Time to • Time order and direct, but should not try any Offender upon
any Charge or Indictment for any Felony made the Subject of • Capital Punishment, or for any Offence or passing Sentence
affecting the Life of any Offender, or adjudge or cause any • Offender to suffer Capital Punishment or Transportation, or take cognizance of or try any Civil Action or Suit in which the Cause of such Suit or Action should exceed in Value the Amount or Sum of Two hundred Pounds, and in every Case of any Offence subjecting the Person committing the same to Capital Punish• ment or Transportation the Court, or any Judge of any
such • Court, or any Justice or Justices of the Peace before whom • any such Offender should be brought, should commit such Offender 'to safe Custody, and cause such Offender to be sent in such Cus.
tody for Trial in the Court of the Province of Upper Canada : ' And whereas, for the Purpose of the Colonization of that Part of " the said Indian Territories called Vancouver's Island, it is ex.
pedient that further Provision should be made for the Admi. nistration of Justice therein :' Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That from and after the Proclamation of this Act in Vancouver's 43 G. 3. c. 138. Island the said Act of the Forty-third Year of King George the and Parts of Third, and the said recited Provisions of the Second Year of 1& 2 G. 4. c. 66. King George the Fourth, and the Provisions contained in such repealed as to
Vancouver's Act for giving Force, Authority, and Effect within the said In
Island. dian Territories and other Parts of America to the Process and Acts of the said Courts of Upper Canada, shall cease to have Force in and to be applicable to Vancouver's Island aforesaid ; and it shall be lawful for Her Majesty from Time to Time (and as well before as after such Proclamation) to make Provision for the Administration of Justice in the said Island, and for that Purpose to constitute such Court or Courts of Record and other Courts, with such Jurisdiction in Matters Civil and Criminal, and such equitable and ecclesiastical Jurisdiction, subject to such Limitations and Restrictions, and to appoint and remove, or provide for the Appointment and Removal of such Judges, Justices, and such ministerial and other Officers, for the Administration and Execution of Justice in the said Island, as Her Majesty shall think fit and direct.
II. Provided always, and be it enacted, That when and so soon Power to local as a local Legislature has been established in Vancouver's Island Legislature to M 2
it make Provision aforesaid
for Adminis- it shall be lawful for such Legislature, from Time to Time, by any tration of Jus- Law or Ordinance made in the Manner and subject to the Contice.
ditions which may be by Law required in respect of Laws or Ordinances made by such local Legislature, to make such Alterations as to such Legislature may seem meet in the Constitution or Jurisdiction of the Courts which may be established in the said Island, and to make all such other Provisions as to such local Legislature may seem meet for and concerning the Administration
of Justice in the said Island. Appeal to Privy III. Provided always, and be it enacted, That all Judgments Council in given in any Civil Suit in the said Island shall be subject to Civil Cases.
Appeal to Her Majesty in Council, in the Manner and subject to the Regulations in and subject to which Appeals are now brought from the Civil Courts of Canada, and to such further or other Regulations as Her Majesty with the Advice of Her Privy Council
shall from Time to Time appoint. Adjacent Islands IV. And be it enacted, That all such Islands adjacent to Van. deemed Part of couver's Island or to the Western Coast of North America, and Vancouver's
forming Part of the Dominions of Her Majesty, as are to the Island.
Southward of the Fifty-second Degree of North Latitude, shall be
deemed Part of Vancouver's Island for the Purposes of this Act. Act may be V. And be it enacted, That this Act may be amended or repealed amended, &c. by any Act to be passed in this Session of Parliament.
CA P. XLIX.
for the granting of Sites for Schools. [28th July 1849.]
HEREAS by an Act passed in the Fifth Year of the
Reign of Her Majesty Provisions are made for facilitating • the Erection of Schools and Buildings for the Education of poor
Persons, which said Act hath been since explained and extended
by an Act of the Eighth Year of the Reign of Her Majesty; ' and it is expedient that further Facilities should be afforded for ' the Conveyance of Lands for Sites for Schools in Cases where such Lands are comprised with other Lands in Leases, and that
some Amendments should also be made in the said Acts :' Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Tem
poral, and Commons, in this present Parliament assembled, and Where Part by the Authority of the same, That if Part only of any Lands only of Lands comprised in a Lease for a Term of Years unexpired shall be conunder Lease
veyed or agreed to be conveyed for the Purposes of the said firstly conveyed, the
herein-before mentioned Act, the Rent payable in respect of the Rent, and Fine upon Renewal
Lands comprised in such Lease, and any Fine certain or Sum of Lease, may
fixed of Money to be paid upon any Renewals thereof, or either of be apportioned. such Payments, may be apportioned between the Part of the said
Lands so conveyed or agreed to be conveyed and the Residue thereof; and such Apportionment may be settled by Agreement between the Parties following, that is to say, the Lessor or other the Owner subject to such Lease of the Lands comprised therein, the Lessee or other the Party entitled thereto by virtue of such Lease or any Assignment thereof for the Residue of the Term thereby created, and the Party to whom such Conveyance as 0
aforesaid for the Purposes of the said firstly herein-before mentioned Act is made or agreed to be made ; and when such Appor. tionment shall so be made it shall be binding on all Under-lessees and other Persons and Corporations whatsoever, whether Parties to the said Agreement or not.
II. And be it enacted, That in case of any such Apportionment Liabilities of as aforesaid, and after the Lands so conveyed or agreed to be Tenants, and conveyed as aforesaid shall have been conveyed, the Lessee, and Remedies of
Landlords, as all Parties entitled under him to the Lands comprised in the
to the Lands Lease not included in such Conveyance, shall, as to all future not conveyed. accruing Rent, and of all future Fines certain or fixed Sums of Money to be paid upon Renewals, be liable only to so much of the Rent and of such Fines or Sums of Money as shall be apportioned in respect of such last-mentioned Lands; and the Party entitled to the Rent reserved by the Lease shall have all the same Rights and Remedies for the Recovery of such Portion of the Rent as last aforesaid as previously to such Apportionment he had for the Recovery of the whole Rent reserved by such Lease; and all the Covenants, Conditions, and Agreements of such Lease, except as to the Amount of Rent to be paid, and of Fines or Sums of Money to be paid upon Renewals, in case of any Apportionment of the same respectively, shall remain in force with regard to that Part of the Land comprised in the Lease which shall not be so conveyed as aforesaid, in the same Manner as they would have done in case such Part only of the Land had been included in the Lease.
III. “And whereas by the said first-recited Act Power is given The same * to any Person or Corporation to grant any Number of Sites for Person may • distinct and separate Schools ; but after providing that the Site grant several of each School and Residence do not exceed One Acre, it is also Sites for Schools
provided that not more than One such Site shall be in the same Parish within ' Parish; and Doubts have been entertained as to the Meaning of certain Limits. • this last-recited Proviso:' Be it therefore declared and enacted, 4& 5 Vict. c. 38. That nothing in the said Act contained shall prevent any Person $9. or Corporation from granting any Number of Sites for separate and distinct Schools in the same Parish, provided the aggregate Quantity of Land granted by such Person in the same Parish shall not exceed the Extent of One Acre.
IV. “And whereas it would be expedient that the absolute Grants of Land Owners of Land and Tenants in Tail in possession should have for Sites of ' the Power of granting Land to a limited Extent for the Purpose Schools by of erecting Sites for Schools to be applied and used in and for Owners or se
nants in Tail • the Education and Instruction of Persons intended to be Masters
to be valid, or Mistresses of Elementary Schools for poor Persons, without although Gran
any Risk of such Grant being defeated by the Death of the tor die within • Grantor:' Be it therefore enacted, That it shall be lawful for all Twelve Month:. Persons, being such absolute Owners or Tenants in Tail in possession as aforesaid, to grant, convey, or enfranchise, by way of Gift, Sale, or Exchange, any Quantity of Land, not exceeding in the whole Five Acres, to any Corporation Sole or Aggregate, or to several Corporations Sole, or to any Trustees whatsoever, to be held, applied, and used by such Corporation or Corporations or Trustees in and for the Erection of School Buildings and Premises thereon for the Purpose of educating and instructing, and of boarding during the Time of such Education anl Instruction,