Buildings or other Improvements which may at the expiration of any Term be on the demised premises, and that the mode of ascertaining the amount of such Rent or the value of such improvements may be stipulated and agreed upon and specified in such original Lease or Leases, and such stipulation or agreement shall be binding on the Trustees for the time being and may be enforced by any Court of Law or Equity having Jurisdiction in such cases.

them may ex

II. Provided always that in any case in which a majority of Trustees or a any such Grantees, or of the Survivors, or the Survivor, of majority of them, or a majority of any such Trustees for the time being as ecute a lease aforesaid, may before the passing of this Act, have entered into under this Act an agreement or contract in writing, with any person for the for the unexpired portion leasing of any portion of such lands for any term of years, it of any term shall and may be lawful for such Grantees or the Survivors or already grantSurvivor of them, or the majority of such Trustees for the time exceed 21 being, to execute a Lease or Leases of the land, for the unex- years. pired portion of the term, and with the conditions and stipulations mentioned in such agreement or contract, although such term or the unexpired portion thereof exceed twenty-one years; and the execution of such a lease may be enforced by the party having a right to claim the same, his heirs or assigns.

for rent in

arrear, and in

III. And be it further enacted, that the Trustees for the time Trustees may being entitled by Law to hold Lands in trust for any Congre- sue or distrain gation or Religious Body shall have power in their own names or by any name or designation by which they may hold such what name. Lands, to sue or to distrain for any Rent in arrear, and to take all such lawful ways and means for the recovery thereof as Landlords in other cases are now by law entitled to take to enforce the payment of Rents.

Burial Ground

IV. And be it further enacted, that nothing herein contained Land required shall be taken to confer on Trustees any power to Lease or for Church or demise any Lands without the consent of the Congregation or may not be Religious Body for whose use they hold the same in trust, leased withsignified by the votes of a majority of the Members present at out consent of a meeting thereof duly called for that purpose, nor any Lands Congregation. which at the time of making such Lease may be necessary for the use of the Congregation for which the same may be held for the purpose of erecting a Church or place of Worship or other Building thereon, or for a Burial Ground for such Congregation.

V. And be it further enacted, that when any piece or parcel Land in trust of Land held by Trustees for the use of any Congregation or may be sold Religious Body, shall have become unnecessary to be retained when no longer required by for such use by reason of other ground having been obtained the Congregaor from any other cause, and it shall be deemed advantageous tion, and how. to sell such piece or parcel of Land, it shall and may be lawful for the Trustees, for the time being, to give Public Notice of

and Auction.

an intended Sale, specifying the premises to be sold, and the time and terms of Sale, and after publication of such notice in any weekly Paper published in or near the place where the Public Notice Lands are situated, for four successive weeks, to proceed to sell such Lands at Public Auction according to the terms of such notice, but the Trustees shall not be obliged to complete or carry into effect such Sale, if in their judgment an adequate price shall not have been offered for such Lands; and that after such offer at Public Sale, the Trustees may proceed to sell such Lands either by public or private sale: Provided always, that a less sum shall not be accepted at Private Sale than may have been previously offered at Public Sale: Provided also, that before any Deed shall be executed in pursuance of any Public or Private Sale, the Congregation or Religious Body for whose use the Lands have been held shall be duly notified thereof, and the sanction of the Court of Chancery shall be obtained for the execution of such Deed.

Proviso.

Proviso.

Trustees to prepare and shew state

ly.

VI. And be it further enacted, that it shall be the duty of Trustees acting under the authority of this Act on the first ments annual- Monday in July in each year, to have prepared and open for the inspection of the Congregation or Religious Body which they represent, or any Member thereof, a full and detailed statement of all Rents which may have accrued during the preceding year, and all sums of money whatever in their hands for the use and benefit of such Congregation or Religious Body, which may have in any manner been derived from the Lands under their control or subject to their management, and also shewing the application of any portion of such moneys, in case any shall have been expended in behalf of their respective Congregations or Religious Bodies.

Trustees may

cery.

VII. And be it further enacted, that the Court of Chancery be called upon may in a summary manner, on complaint on oath of any three tà account by Court of Chan Members of a Congregation or Religious Body, of any misfeasance or misconduct by or on the part of any Trustees in the performance of duties authorized by this Act, call upon such Trustees to give in an account, and may enforce the rendering of such account, the discharge of any duties, and the payment of any moneys, so that such Congregation or Religious Body may have the benefit thereof; and the said Court may compel such Trustees, in case of any misconduct, to pay the expense of such application, or may award costs to such Trustees in case such application shall be made on grounds which the Court shall consider insufficient or frivolous or vexatious.

CAP.

CAP. CXX.

An Act further to amend the Act to establish Mutual Insurance Companies in Upper Canada.

[Assented to 19th May, 1855.]

HEREAS it is expedient to amend the provisions of the Preamble,

WHEREAS it

Act of the late Province of Upper Canada, passed in

the sixth year of the Reign of His late Majesty King William

the Fourth, intituled, An Act to authorize the establishment of Act of U. C. Mutual Insurance Companies in the several Districts of this Pro- 6 W. 4, c. 18. vince, so as to allow of the establishment of Town and Village Mutual Insurance Companies in Upper Canada: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same as follows:

I. So much of the fifth section of the Act cited in the Part of sect. 5, Preamble, as provides that there shall not be more than one repealed. Mutual Insurance Company in any one District, shall be and the same is hereby repealed.

town or vil

II. It shall be lawful at any time for any ten freeholders in Meeting for any town or village in Upper Canada, to call a meeting of the establishing a freeholders of such town or village, for the purpose of con- lage Comsidering whether it be expedient to establish in such town or pany. village a Mutual Fire Insurance Company, which said meeting shall be called by an advertisement in the newspaper or newspapers published in or nearest to such town or village, mentioning the time, place and object of such meeting, and inserted in such newspaper or newspapers three weeks previous to such meeting.

How called.

opened if the

III. If at such meeting there shall not be fewer than thirty Books of subfreeholders present, and a majority of them shall determine scription to be that it is expedient to establish such Company, they may elect majority be for three persons from among the freeholders of the town or village establishing a then present, to open and keep a book in which all freeholders Company. in such town or village may sign their names, and enter the sums for which they shall be respectively bound to effect insurance with the Company.

scribers

IV. Whenever the number of persons duly qualified who When the subshall have signed their names in the said subscription book amount to shall be forty or more, and the sums for which they shall have forty and the bound themselves to effect insurance shall amount together to subscriptions

35*

ten

to £10,000, Company to be formed.

Corporate

name and powers.

how called.

ten thousand pounds currency, or upwards, such persons and
all other persons who may thereafter become members of the
said Company, by effecting insurance therein in the manner
hereinafter provided, shall be and are hereby ordained, consti-
tuted and declared to be a body corporate and politic in fact,
by and under the name and style of "The Mutual Fire In-
surance Company, of
", naming the
town or village for which the Company shall have been es-
tablished; and by that name may mutually insure their res-
pective dwelling houses, stores, shops, and other buildings,
household furniture and merchandize, against loss or damage
by fire, whether the same shall happen by accident, lightning
or any other means excepting that of design in the assured or
by the invasion of an enemy or insurrection; and by that name
they and their successors shall and may have continued suc-
cession, and be capable of contracting and being contracted
with, of suing and being sued, pleading and being impleaded,
answering and being answered unto, in all Courts and places
whatsoever; and they and their successors may and shall have
a common seal, and may change and alter the same at their
will and pleasure; and also they and their successors by their
corporate name aforesaid, shall be capable of purchasing,
having and holding, to them and their successors, any estate,
real, personal, or mixed, to and for the use of the said Com-
pany, and of letting, conveying, and otherwise departing there-
with, for the benefit and on account of the said Company, from
time to time, as they shall deem necessary and expedient.

First meeting V. Provided always, that any ten members of the Corporafor organizing tion, to be so formed as hereinbefore mentioned, may call the the Company, first meeting of any such Company, at such time and place within such town or village as they may determine upon for holding such meeting, by advertising the same in such of the Provincial newspapers printed and published within or nearest to such town or village as they shall think proper, giving at least thirty days' notice of the time, place and design of such meeting, for the purpose of choosing the first Board of Directors, of making and establishing By-laws, and of transacting any business necessary and proper to carry into effect the provisions and intentions of this Act: Provided, however, that no policy of Insurance shall be issued by the Company until application shall be made for insurance on ten thousand pounds at the least.

Proviso.

Every Mutual VI. Each and every Mutual Insurance Company now estaInsurance blished or hereafter to be established in this Province, under Company may divide its bu- the provisions of the Act above cited or of this Act, shall have power to separate their business into two branches or departments, one for the insurance of isolated buildings and property not hazardous, and the other for insuring buildings and property hazardous and not hazardous, in towns and villages.

siness and Members into

two branches.

VII. It shall be the duty of the Directors of each such Mu- Scale of risks tual Insurance Company to make a scale of risks for each to be made for branch, and to direct that the accounts of each shall be kept separate and distinct the one from the other.

each branch.

not to be liable

VIII. Members of any such Company insuring in one branch Members of shall not be held liable for any claims on the other branch; one branch and all necessary expenses incurred in the conducting and ma- for losses in nagement of the said Companies shall be assessed upon and the other. divided between each branch in proportion to the amounts insured in such branches respectively.

IX. Notwithstanding any thing contained in the sixteenth No Member to section of the Act above cited, no member of any Mutual In- be liable besurance Company established under the provisions of the said yond his preAct, or of this Act, shall be liable for any sum beyond the amount of his premium note.

mium note.

X. Every such Mutual Insurance Company shall, when so Certain Acts established, be subject in every respect to the provisions and to apply to restrictions of the Act cited in the Preamble to this Act, as Companies amended by this Act, or by the Act passed in the Session held under this Act. in the fourth and fifth years of Her Majesty's Reign, and inti

tuled, An Act to amend an Act of the Parliament of the late 4 & 5 V. c. 64. Province of Upper Canada, intituled An Act to authorize the establishment of Mutual Insurance Companies in the several Districts of this Province,' or by the Act passed in the twelfth year of Her Majesty's Reign, intituled, An Act to amend the 12 V. c. 86. Act relating to Mutual Insurance Companies in Upper Canada, or by the Act passed in the sixteenth year of Her Majesty's Reign, intituled, An Act to amend an Act of the Pur- 16 V. c. 192. liament of the late Province of Upper Canada relating to Mutual Insurance Companies, all which Acts shall extend and apply to the said Companies, save in so far as they are modified by this Act, as fully and effectually as to Companies established under the said Act cited in the Preamble, before the passing of this Act.

CAP. CXXI.

An Act to provide means for the sale of lands held for the purposes of public Educational Institutions in Upper Canada, when such lands cannot be conveniently used for such purposes.

W

[Assented to 19th May, 1855.] HEREAS it hath happened and may happen, that lands Preamble. have been or may hereafter be surrendered, granted, devised or otherwise conveyed to the Crown, or to the Trustees of any District or County Grammar School, or to some other party, in trust for the purposes of or as a site for any such Grammar School, or of any other Educational Institution established