confirmed. 1. The survey of the first, second, third, and fourth Conces- Survey of cersions (old survey) of the township of Melancthon, in the coun- tain Concesty of Grey, which was made by F. F. Passmore, Esquire, Pro- lancthon by F. vincial Land Surveyor, for the purpose of more particularly F. Passmore defining the boundaries of the several lots in said concessions, and also for more particularly settling the different boundaries. of roads, side lines, and the widths of the different lots in said Concessions, a plan of which is filed in the office of the Commissioner of Crown Lands, shall be, and the same is hereby declared to be the true and unalterable survey of the said Concessions of said township; and that the several lots in said Concessions shall be of the size, and shall bear the numbers and boundaries set forth in said survey, and according to said map or plan so filed as aforesaid. CAP. LXVIII. An Act to confirm certain Side Roads in the Township of Tilbury East, and to provide for the defining of other road allowances and lines in the said Township. W [Assented to 24th December, 1869.] WHEREAS the Municipal Council of the Township of Preamble. Tilbury East have by their petition represented that the side roads between lots have been laid out in a straight line from the stake at one end of the concession to the other, and that sometimes there should have been a jog in the line as originally surveyed with double fronted concessions; that to alter the said lines of road now and place them on such allowances would hurt the roads very much in appearance, besides the actual loss of labour and money expended, and leave them subject to the uncertainties of litigation on road allowances; that it is most desirable therefore, that the side roads, where opened up and improved, should be confirmed and established for all future time upon the present lines, and they have prayed that Legislative provision be made for that purpose, and it is expedient to grant the prayer of their petition; Therefore Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:— ed. 1. The several side roads in the said township, as laid out Certain side and improved and travelled upon lines formerly drawn for roads confirmthe respective road allowances for road, and as the same shall be hereafter defined on the ground, under the provisions of this Act, shall be and the same are hereby declared to be the true and unalterable government allowances for road, without regard to their direction, as being parallel or not to the governing Survey to be made. governing line of the concession, any law or usage to the contrary notwithstanding. 2. The Municipal Council of the township of Tilbury East, shall, within twelve months after the passing of this Act, cause such a survey of the township to be made, by a Provincial Land Surveyor, as will result in defining on the ground, the precise lines of the original side roads, and those laid out by the Township Council and the Council of the Western District, as the same have been opened up and now exist as aforesaid; and such surveyor shall define the same by permanent cut-stone monuments, properly marked, and planted at the front and rear Copies of maps angles of each concession; and shall deposit copies of the map and to be deposited report of such survey in the office of the Commissioner of Crown Lands in Toronto, and in the Registry Office of the County of Kent respectively; and the council may impose and levy a rate upon the real property of the said township, to defray the expenses of such surveys, maps, and reports, and of the planting of such monuments; and such monuments so planted shall be deemed to be the true and original boundaries. in Registry and Crown Lands offices. Rate for ex penses. After map of ed, how future surveys shall be had. 3. From and after such survey being effected, and the maps survey deposit and reports thereof being deposited as aforesaid, every survey which may be made of any line, or side road allowance which may not have been opened previous to the passing of this Act, or any division line or limit between lots in the said township, shall be drawn from the post or monument planted in the original survey at the front angle of such road allowance, or to mark the commencement of such line or limit, or should such original post or monument be lost, and no satisfactory evidence exist of the position of the same, the surveyor shall proceed, as in other similar cases, under the law in this behalf; the proper angle at the rear shall then be determined by giving the lots in that particular block between the monuments planted in the survey provided in the second section of this Act to mark the side-roads on either side thereof, the same breadth in proportion as they respectively possess on the front as found above pointed out, and the required line of side-road allowance or division line or limit shall be drawn through the concession from point to point so found; and all lines for side-line allowances, or division lines or limits so determined, shall be taken to be, and the same are hereby declared to be the true lines and limits thereof, any law or usage to the contrary in any wise notwithstanding. Boundaries of aliquot portions of lots. The limits of in any 4. The boundaries or limits of any aliquot portion of a lot concession of the township shall be determined by giving such portion the proportionate length and width of the whole lot, as the latter shall have been ascertained in the manner directed by this Act. 5. The several lots in the township granted by letters pa tent, this Act. tent, and described by numbers or otherwise as certain lots in lots to be as certain concessions, and heretofore intended to be bounded by defined by lines drawn in accordance with the law respecting surveys in Upper Canada, and the boundary lines of which are intended to be fixed by this Act, shall be held to be the same several lots in the same several concessions, and shall be respectively represented by all the land contained between the limits thereof, as the same shall be correctly defined under this Act, whether the courses or distances of the said limits, as described in the letters patent granting the same, shall or shall not agree with the respective courses and distances of such limits, as defined under this Act upon the ground. CAP. LXIX. An Act to authorize the closing of certain streets in WE [Assented to 24th December, 1869.] HEREAS the municipal council of the village of Elora, have, Preamble. by their petition, set forth that the late William Gilkison, being the owner of part of broken lot number one, in the township of Nichol, now included within the limits of Elora, caused the same to be subdivided into certain park lots known as lots one, two, three, four, five and six on the east side of what is known as the Park Road or Mercer street, and as "The Reserve" on the west side of said road. That the same having become subsequently vested in Daniel Mercer Gilkison, he in the year one thousand eight hundred and fifty-nine caused the same to be again subdivided into small lots, a plan whereof was filed in the registry office for the county. That the said lands though so subdivided have remained ever since as an open common, and that taxes having accrued thereon, or on that portion lying to the east of Park Road from the year one thousand eight hundred and sixty to one thousand eight hundred and sixty four, inclusive, the same were advertised to be sold for such arrears, and were exposed for sale on the thirty-first day of December, in the year of our Lord one thousand eight hundred and sixty-six, and the several parcels from one to six inclusive, were purchased at such sale or adjournment thereof, by F. A. Ball, Esquire. That previously to such sale, the said Daniel M. Gilkison had sold and conveyed the portion of the said lands lying to the east Gilkison's survey partially annulled. A certain sale firmed. register con veyances thereunder. sons. east of Park Road, with the exception of six of such sub-division lots to Samuel Boies Smith, and that since his death his widow and devisee had executed a conveyance for the purpose of vesting in the said Samuel Boies Smith the whole of the said lots, together with the said streets, as far as she could do so at law or in equity, and that said Samuel Boies Smith had subsequently conveyed the same to said F. A. Ball. That it was doubtful whether such tax sale was strictly legal, in consequence of the assessment having been imposed upon the Park lots notwithstanding such sub-division; and that the registrar had declined to register the deeds thereof, in consequence of a plan of such sub-division being filed in his office. That such sub-division lots were of but little value, and were liable to a large amount of taxes, and the property being in its present state almost valueless, it was desirable to have said sales declared valid. That it was also desirable to have such plan and survey cancelled and the streets or some of them closed, and that a by-law had been passed by the council with that object; but they were advised that they had no legal authority to pass the same, and that they were desirous of obtaining power to close the said streets and of legalizing said tax sale, so that the said lands might be occupied and improved, and return a revenue to the municipality, and it is expedient to grant the prayer of such petition; therefore Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. The plan and survey so made by the said Daniel M. Gilkison, is hereby vacated and avoided, so far as regards the lands lying to the east of Park Road, and so much of the land on the west of the Park Road as has been selected by the Wellington, Grey and Bruce Railway for their station grounds. 2. The sale of the said lands for taxes is hereby confirmed, for taxes con- and it shall be lawful for the registrar of the county of WellingRegistrar to ton, anything in the registration of titles (Ontario) Act to the contrary notwithstanding, to register the Sheriff's deed to the purchaser of the said Park lots as also the other conveyances Compensation above referred to; Provided always that in the event of the to certain per- owner or owners of the six sub-division lots before mentioned, being lots twenty-three, twenty-four, twenty-seven, fifty-six, fifty-seven and sixty, between Waterloo and Regent streets, making any claim for compensation within three years from the passing of this Act for said lots or any of them, the said Frederick A. Ball, his heirs or assigns, shall pay to such owner or owners of the said lots, the value thereof, to be fixed and determined by the Judge of the County Court of the County of Wellington. CAP. CAP. LXX. An Act to amend an Act passed in the Session held [Assented to 24th December, 1869.] WHEREAS the town council of the town of Peterborough, Preamble. have, by their petition, represented that in and by the Statute of the late Province of Canada, twenty-four Victoria, Chapter sixty-one, "the commissioners of the Peterborough Town Trust" therein named and appointed, were constituted simply trustees, having no power to execute any lease or to do any act in which all of them did not concur, and that difficulties had occurred and might still occur, in carrying out the trusts set out in the said Act, in consequence of one or two of the said commissioners having it in their power by dissenting from the others, to prevent any act being done, by which the interests of the town of Peterborough were liable to be prejudiced, and have petitioned that an Act should be passed giving to a majority of the said commissioners, powers which are now only possessed by all of them together; and whereas the said petitioners should have power given to them to sell and absolutely dispose of all that part of the property of the corporation of the town of Peterborough, hereinafter particularly mentioned and described; and whereas the said petitioners have further in manner aforesaid represented, that owing to the increase of the school population in the said town of Peterborough, the present school building in the town has become insufficient for their accommodation, and have petitioned that they might be allowed to issue additional debentures under the authority of the Act hereinbefore referred to, to an amount not exceeding five thousand dollars, for the purpose of building one or more primary schools in the said town; and whereas the said petitioners have further in manner aforesaid represented, on the twenty-seventh day of September in the year of our Lord one thousand eight hundred and sixty-nine that they passed a by-law in relation to the Peterborough Gas Company, just then organized, and that such by-law contained provisions inconsistent with the Act herein before referred to, and have petitioned that the said Act might be amended so as to make the said by-law effectual; and whereas it is expedient to grant the prayer of the said petition; Therefore her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: |