Preamble. The said Coun. off debts in visions. CAP. CXLIX. An Act to authorize the Municipal Council of the County of Welland to raise means to liquidate certain debts and claims against the said County, and for other purposes. W . [Assented to 19th May, 1855.] HEREAS the Provisional Municipal Council of the County of Welland have by their Petitions prayed to be authorized by law to borrow upon the credit of Debentures of the said County, such sum and sums of money as shall be 'sufficient to liquidate certain debts and liabilities of the said County and to pay certain balances due upon the purchase of the Marsh Lands Tract and for constructing improvements thereon; and also for some further powers in respect to the sale and management of the said Lands; And whereas it is expedient to grant the prayer of the said Petitions: 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. It shall and may be lawful for the Provisional Municipal cil may raise Council of the County of Welland, or their successors, to ascera Loan to pay tain and allow the amount of all just debts and legal or equitcurred before able liabilities of the said County contracted or incurred prior 1st February, to the first day of February, one thousand eight hundred and 1854; subject to certain pro- fifty-four, and subject to the restrictions and limitations imposed upon Municipal Councils generally in Upper Canada for passing By-laws for creating debts or contracting loans, to pass a By-law or By-laws to raise a loan for such an amount as shall be sufficient to pay off such debts and liabilities, and to issue any number of debentures, in sums of not less than twenty-five pounds each, which may be necessary and requisite therefor, and to dispose of the same and to apply the proceeds thereof to the purpose for which such loan is hereby authorized. Lands acquir. Provisional Municipal Council, to vest in that now existing. 12 V. c. 78. II. The fee simple of any and all lands acquired and held by ed by the first Deed of Conveyance by the Provisional Municipal Council of the County of Welland, erected such Provisional Municipal Council under the provisions of a certain Act of the Parliament of this Province, passed in the twelfth year of Her Majesty's Reign, and intituled, An Act for abolishing the Territorial Division of Upper Canada into Districts, and for providing for temporary unions of Counties for judicial and other purposes, and for the future dissolutions of such unions as the increase of wealth Council may wealth and population may require, shall be and become vested in the Provisional Municipal Council of the County of Welland, now erected and being such Provisional Municipal Council, their successors and assigns; and it shall be lawful for the said Provisional Municipal Council last named, or their successors, dispose by By-law or By-laws, to sell and convey in fee simple to any as shall not be required by purchaser or purchasers whatsoever, and for such sum or sums the County. of money as to such Municipal Council shall seem best, so much and such parts of the said lands as are not now or shall not be required for the uses of the said County, and to apply the proceeds of such sale or sales to the general purposes of the said County. gage on the other expenses III. It shall and may be lawful for the Provisional Municipal Council may Council of the County of Welland aforesaid, or their successors, raise money to pass a By-law or By-laws, subject to the restrictions and to pay off a limitations imposed upon Municipal Councils generally in like certain mortcases, to raise a loan of an amount sufficient to pay off the in- Marsh Lands stalments, with the interest thereon, due and to become due Tract and upon a certain mortgage made on behalf of the said Council by connected John Frazer, Esquire, and others, Commissioners there in named, 'herewith to Her Majesty the Queen, bearing date the twenty-ninth day of April, one thousand eight hundred and fifty-four, upon the Marsh Lands Tract in the said County, together with the sum of three hundred and twenty-two pounds sixteen shillings, and interest, advanced by the said Commissioners for the benefit of the said County, in part payment of the said tract; and for paying such expenses as shall have been incurred by the said Commissioners and the said Council in the purchase and acquisition of the said tract of land; and to defray the costs and expenses of constructing the drains and other improvements mentioned in the said mortgage and therein required to be constructed, and such improvements in the way of opening roads and drains through the said tract or otherwise as may be thought necessary by such Council; and to issue any number And may issue of Debentures payable in sums of not less than twenty-five Debentures pounds each which may be necessary and requisite therefor; therefor. and to dispose of the same, and to apply the proceeds to the purposes for which such loan is hereby authorized: Provided, Proviso firstly, that it shall be lawful for the Commissioner of Public Works for this Province for the time being, to accept from the said Council such an amount of the Debentures in this section authorized to be issued and payable at such time and times as may be agreed upon between the Commissioner of Public Works and the said Council, in payment and satisfaction of the said mortgage, and thereupon to discharge the said mortgage: And provided, secondly, that a certain By-law of the said Proviso. Provisional Municipal Council, passed on the twelfth day of December, one thousand eight hundred and fifty-four, intituled: An Act to raise the sum of five thousand pounds by way of loan By-lawof 12th to pay certain liabilities of the County of Welland on account of 1854, co December, confi the purchase of the marsh lands tract, and to defray the expenses ed. 39 * of Council may convey Marsh Lands to pur chasers, and take mortgage for purchase money. of necessary improvements thereon, shall have all the effect of a By-law passed under authority of this Act, as if the same had been Jassed after the passing hereof, any law or statute to the contrary notwithstanding, IV. It shall and may be lawful for the said Frovisional Municipal Council, or their successors, in such manner and under such regulations as shall be determined by By-law or By-laws to be passed by such Council for the purpose, to sell to any purchaser or purchasers whatsoever, any or all of the said lands more particularly described in a certain indenture of bargain and sale made by the Commissioner of Public Works for this Province to the Provisional Municipal Corporation of the County of Welland aforesaid, bearing date the tenth day of February, one thousand eight hundred and fifty-four, and to convey the same in fee or for a less estate under the corporate seal of such Council, and under the hand of the Warden thereof, the instruments of conveyance to be countersigned by the Municipal Clerk; and to take and hold from the purchaser or purchasers a mortgage or mortgages or other lien upon the lands sold or other lands, to secure payment of the purchase moneys or parts thereof, with such covenants on the parts of the mortgager or mortgagers for the payments of the moneys mentioned therein and interest, and for the execution of such clearing and fencing of the land described in such mortgage or mortgages, and the erection of buildings thereon and otherwise improving the same, and for actual settlement upon and occupation thereof, and such other covenants as shall be in conformity with the terms or conditions of sale which may be established by Proviso: cer. any By-law or By-laws to be passed as aforesaid: Provided, tain By-laws firstly, that any and all By-laws heretofore passed by the said Provisional Municipal Council providing for the sale of the said lands or parts thereof shali be deemed and taken to be and to have been passed under authority of this Act, and all sales of the said lands and conveyances thereof and mortgages taken by the said Council to secure payment of balances of the purchase moneys of the said lands, are hereby declared to be valid and effectual as if the same had severally been executed after the passing of this Act: Proviso: how And provided, secondly, that the proceeds of all sales of the said the proceeds lands, with the interest thereon, shall form part of the general shall be dealt funds of the said County, and may be applied in such manner and for such purposes as the Provisional or Municipal Council thereof shall sce fi', and Deeds .confirmed. of such Lands with. Council may purchase Cook's Mills and hold or same. V. It shall and may be lawful for the said Provisional Municipal Council or their successors to purchase or acquire and to hold by any title whatsoever for the benefit of the said County, the Mills, dispose of the Mill Site, Mill Dam and privileges and appurtenances thereof respectively, situate in the Township of Crowland in the said County commonly called "Cook's Mills" upon Lyon's Creek, and in their discretion to remove the said Mills and Mill Dam for the purpose of securing better drainage of the said Marsh Lands Tract, and also to purchase, acquire and hold in like mai ner any other other lands, moveable or immoveable property, which in their discretion it may be thought necessary to acquire to facilitate the drainage of the said Tract and the improvement of the same, and such lands, moveable or immoveable property, or parts thereof to sell, when no longer required for the said purpose, and the same to convey to the purchaser or purchasers in such manner as by By-law or By-laws of the said Council shall be determined. Council may drains on the said Marsh Lands Tract in order. VI. It shall and may be lawful for the said Provisional Municipal Council or their successors from time to time to pass a By- make By-laws law or By-laws for the preservation, protection and keeping open for keeping the of the ditches or drains constructed or to be constructed by such Council, and for authorizing and requiring the construcion, preservation or keeping open of any other ditches or drains upon Lands in the Townships of Crowland, Humberstone and Wainfleet in the said County, as well the "back ditches" of the Welland Canal and Welland Canal Feeder as other ditches, and for the widening or deepening of the channels of any stream, therein, which may be deemed necessary by the Council to secure the better and more perfect drainage for the said Marsh Lands Tract or other Lands in the said Townships, and for providing for the manner in which the expenses thereof shall be defrayed, either by authorizing and requiring the performance of labor thereon by the owners or occupants of lands adjoining such ditches, drains or streams, or in default thereof, by an assessment or assessments upon such Lands or by an assessment or assessments upon the rateable property of such Townships generally, or such of them or such portions thereof, as shall be most benefitted by such works; and within the limits applicable by law in that behalf to Munici- And impose pal Councils generally in Upper Canada, to impose penalties for penalties for violations of the provisions of such By-laws, and also to appoint infraction of from time to time a corpetent person to be called an Overseer of and appoint Drains, to see that such By-laws are faithfully observed, and also an Overseer. to prescribe the duties and provide the remuneration of such Overseer Provided always, that no assessment or other charge Proviso. whatever shall be imposed upon the said Welland Canal or upon any lands or other property held by the Board of Public Works of this Province, in the said County, for any of the purposes mentioned in this Act. der 12 V. c. VII. The map or plan of that part of the Village of Port Col- A certain map borne situate upon lot number twenty-seven in the first concession of part of Port Colborne to be of the said Township of Humberstone, surveyed and laid off into held to be duly village lots under authority of the said Provisional Council by registered unAndrew Hood, Esquire, a Deputy Provincial Land Surveyor, 35. which map is dated the eleventh day of December, one thousand eight hundred and fifty-four, certified by the said Andrew Hood and by the Provisional Warden of the said Council, and entered and registered in the Rgistry Office of the said County of Welland, on the sixteenth day of the same month of December, shall be deemed and taken to be and to have been registered in conformity with the provisions Public Act. Preamble. 16 V. c. 54. By-law cited. provisions of the forty-second and forty-third sections of the Act twelfth Victoria, chapter thirty-five. VIII. This Act shall have force and effect from the day of the passing thereof, and shall be deemed a Public Act. CAP. CL. An Act to amend the Act authorizing the Town of Dun- [Assented to 19th May, 1855.] HEREAS under the provisions of the Act 16 Victoria, hapter 54, the Municipality of the Town of Dundas in the County of Wentworth, was authorized to become surety, or to issue Debentures, to the extent of fifteen thousand pounds, for the Desjardins Canal Company to the Great Western Railway Company, for certain improvements, at the passing of the said Act then going on for improving the navigation of that Canal, by means of a cut passing directly through Burlington By-law cited. Heights; And whereas the said Municipal Council, under a By-law No. 72, passed by virtue of the Act above recited, did execute Debentures in the ordinary form, for the amount of Fifteen thousand pounds for the purpose aforesaid, which have not been negotiated or disposed of, and having since the making of the said Debentures, been desirous of obtaining under the provisions of the Act 16 Victoria Chapter 22, commonly known as the Consolidated Municipal Loan Fund Act, the necessary funds to meet their liability to the Great Western Railway Company, have for that purpose passed another By-law No. 88, to which the assent of the rate-payers of the said Town has been duly given, and the conditions and requirements of the Consolidated Municipal Loan Fund Act have in proper form been observed; And whereas doubts have arisen as to the legality of the said last mentioned By-law No. 88, and the proceedings had under it, and it is desirable that effect should be given to the application of the said Municipal Council to obtain assis tance under the provisions of the said Consolidated Municipal Loan Fund Act to enable them to meet their liability to the Great Western Railway Company for improvements to the said Canal; And whereas it is desirable that all doubts as to the legality of the said By-laws or either of them should be removed and relief granted: 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 |