York, and to have represented the same since the said day : Each Member of the Legislative Assembly elected before the said day to represent any other County or Electoral Division of Upper Canada, shall be held to represent, and to have represented since the said day, that County or Electoral Division which bears the same name as that for which he was elected, or which consists of Counties bearing the same names as those which before the said day composed the Vacancy of Electoral Division for which he was elected and whenever the seat of any the seat of a Member elected or returned as elected for any member, how filled. Electoral Division in Upper Canada, before the said day, shall become vacant, so that a new Writ of Election shall be required, such new Writ shall issue for the Election of a Member to serve in the Legislative Assembly for that County or Electoral Division which the Member whose seat shall be vacated was held to represent under the provisions of this Act, notwithstanding any change which may have been made. in the names or boundaries of any Electoral Division since the Election of such Member, by the coming into force of the Act first above cited. Preamble. CAP. II. An Act to repeal the fifth and sixth Sections of The [7th October, 1852.] WHEREAS it is expedient to repeal the fifth and sixth Sections or Clauses of a certain Act passed in the Session of the Provincial Parliament held in the fourteenth and fifteenth years of Her Majesty's Reign, chaptered fifty-one, and intituled, An Act to consolidate and regulate the general clauses relating to Rail-ways: 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 of enacted by the authority of the same, That the said fifth and 14 & 15 Vict. sixth Sections or Clauses of the said Act shall be and are c. 51, repeal hereby repealed. Secs. 5 & 6 ed. Bills of this Session for Special Rail-way Acts to be II. And be it enacted, That no Bill for a Special Act for the allowance or establishment of a Rail-way, received by or introduced into the Legislature at its present Session, shall be rejected by reason or on account of any thing in the said Clauses of the said Act or either of them contained, but all such Bills shall be considered and dealt with to all intents and been enacted. purposes as if the enactments in the said Clauses contained had dealt with as if said sections had never never been made. CAP. CAP. III. An Act to declare the intention of the Law organizing the [7th October, 1852.] WHEREAS serious inconvenience results from the inter Preamble pretation put upon the fourteenth Section of the Act passed in the Session held in the tenth and eleventh years of Her Majesty's Reign, and intituled, An Act for the organiza- 10 & 11 Vict. tion of the Notarial Profession in that part of this Province c. 21, cited. called Lower Canada: Be it therefore declared and 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, That the intention of the said Act expressed in the words " has bona fide served a regular in s. 14, exclerkship, (under articles in writing deposited among the plained. "minutes of some practising Notary,) during five consecutive years, with a Notary duly appointed, and practising as such "in Lower Canada, or during four consecutive years, if &c.," is that the candidate for admission to the Notarial Profession shall prove that he has served a sufficient length of time as provided by the Act above cited; and that the word "consecutive" means that there shall not have been an interruption of more than three months in the service of such candidate. Certain words II. And be it declared and enacted, That an interruption of Interruption not more than three months in the service of any candidate for not exceeding admission to the Notarial Profession, shall not prevent his three months examination or constitute in any manner an objection to his to be no bar. being admitted. III. And be it enacted, That this Act shall extend and be To what cases applied to any student presenting himself before any Board of this Act shall Notaries in Lower Canada, whether the interruption herein- extend. before referred to occurred before or after the passing of this Act. САР. CAP. IV. Preamble. An Act to confer certain powers on Municipal Corporations and Companies to take Materials to repair Roads. [7th October, 1852.] HEREAS it is expedient and necessary to grant certain powers to Municipal Corporations and Companies, who have already acquired, or may hereafter acquire, any of the Macadamized or Plank Roads formerly held by the Crown 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 Corporations enacted by the authority of the same, That any Municipal or Companies Corporation or Company, who have already acquired, or may having achereafter acquire, any of the Macadamized or 1 lank Roads quired Roads from the formerly held by the Crown in Upper Canada, shall have the Crown, to same power and authority to take materials for keeping any and all of such Roads in repair as is now given to Road Companies for the construction of Roads, in an Act passed in the twelfth year of Her Majesty's Reign, intituled, An Act to authorize the formation of Joint Stock Companies for the construction of Roads and other works in Upper Canada, chaptered eighty-four; and the price or damages to be paid to any person or party for such materials or for any thing done in pursuance of the powers given by this Act, shall, if not agreed upon by the parties concerned, be settled by arbitration in the manner provided by the Act aforesaid. have power take materials. 12 V., c. 84. Preamble. to CAP. V. An Act to authorize the City of Toronto to negotiate a Loan of One Hundred Thousand Pounds to consolidate a part of the City Debt. [7th October, 1852. ] WHEREAS the City of Toronto have petitioned to be authorized by law to borrow on the debentures of the said City, a sum not exceeding One Hundred Thousand Pounds, for certain purposes and under certain restrictions in the said petition set forth, and it is expedient that the prayer of their said petition should be 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 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, That it shall and may be lawful to and for the City of The City of Toronto, to raise by way of Loan upon the credit of the deben- Toronto may tures hereinafter mentioned, from any person or persons, body £100,000. or bodies corporate, either in this Province, in Great Britain or elsewhere, who may be willing to lend the same, a sum of money not exceeding the sum of one hundred thousand pounds of lawful money of Canada. borrow II. And be it enacted, That it shall and may be lawful for Debentures the Mayor of the said City of Toronto for the time being, to may be issued. cause to be issued debentures of the said City of Toronto, under the Corporation Seal of the said City, signed by the Mayor and counter-signed by the Chamberlain of the said City for the time being, in such sums not exceeding in the whole the said sum of one hundred thousand pounds, as the Common Council shall direct and appoint, and that the principal sum secured by the said debentures and the interest accruing thereon, shall be made payable either in this Province, in Great Britain or elsewhere, as the said Common Council shall deem expedient or necessary. III. And be it enacted, That the sum of fifty thousand £50,000 to be pounds, part of the said Loan so to be raised as aforesaid, applied to the redemption of shall be applied by the said City of Toronto in the payment of certain notes, the promissory notes of the said City now current in this Pro- &c., of the vince, and in the redemption of such of the debentures of the said City. said City of Toronto as were issued prior to the passing of the Act passed in the twelfth year of Her Majesty's Reign, and intituled, An Act to provide by one general Law for the erection of Municipal Corporations and the establishment of Regulations of Police in and for the several Counties, Cities, Towns, Townships and Villages in Upper Canada, and may fall due within the ten years next after the passing of this Act. IV. And be it enacted, That the Funds derived from the The said negotiation of the said debentures so to be appropriated as £50,000 shall be deposited aforesaid, shall, when received, be deposited by the Chamber- in Bank of U. lain of the said City for the time being, in the Bank of Upper C., and apCanada, at Toronto, and only be withdrawn therefrom as they plied solely to may from time to time be required for the payment and re- poses. demption of the said promissory notes and debentures in the next preceding section of this Act mentioned. the said pur payment of V. And be it enacted, That the sum of fifty thousand £50,000 to be pounds, the remainder of the said Loan so to be raised as applied to the aforesaid, shall be applied in payment of ten thousand shares Stock taken in of the capital stock of "The Ontario, Simcoe and Huron Rail- a certain Raitroad Union Company," lately purchased by the said City of Toronto, road. By-law to be passed under s. 6, not to be repealed Toronto, under resolution of the Common Council passed on the twenty-ninth day of July, one thousand eight hundred and fifty-two, in manner herein provided; and it shall be the duty of the Chamberlain of the said City for the time being, (and he is hereby authorized and empowered so to do,) forthwith, with the consent of the holders thereof, to call in such debentures of the said City of Toronto as may have heretofore been issued under any By-law of the Common Council of the said City, and taken in payment of such stock, and to substitute therefor so much of the funds received on account of the debentures to be issued under this Act as may be necessary for that purpose. VI. And be it enacted, That for and notwithstanding any provision, clause, matter or thing contained in any Act of Parliament of this Province to the contrary, it shall and may be lawful for the Common Council of the said City of Toronto, after having called in the debentures described in the next preceding section, to repeal the By-law of the said Council, passed on the twenty-eighth day of June, one thousand eight hundred and fifty-two, authorizing the levy of a special rate for the purpose of paying and satisfying certain debentures issued or to be issued in aid of the said Ontario, Simcoe and Huron Union Rail-road, or payment of the said stock, and that for the payment, satisfaction and discharge of the debentures to be issued by virtue of this Act, it shall and may be lawful for the Common Council of the said City of Toronto, in a By-law to be passed authorizing the said Loan of One Hundred Thousand Pounds, and the issuing of the debentures therefor, to impose a special rate per annum over and above, and in addition to all other rates to be levied in each year, which shall be sufficient to form a Sinking Fund of two per cent. per annum for that purpose. VII. And be it enacted, That it shall be the duty of the Chamberlain of the said City of Toronto, from time to time to invest all sums of money raised by special rate for the Sinking Fund, provided in the preceding section, either in the debentures provided by this Act, or in any debentures issued by the Government of Canada, or in such other securities as the Governor of this Province shall, by order in Council, direct or appoint, and apply all such dividends or interest on the said Sinking Fund to the extinction of the debt created by this Act. VIII. And be it enacted, That any By-law to be passed under the sixth section of this Act shall not be repealed until the until debt cre- debt created by this Act and interest thereon shall be paid and ated by this satisfied, and that the one hundred and seventy-eighth section of the Municipal Corporations Act of Upper Canada shall extend to any By-law passed under this Act. Act be paid. Sec. 178 of 12 Vict. c. 81, shall extend to any By-law passed under this Act. CAP |