having any building upon it shall be assessed at a less sum than if it were a vacant lot. That the word "Office," in the fourth section of the said Act, does and shall include all pensions payable out of the public moneys of this Province. II. And be it declared and enacted, That the terms, "Income from any trade, calling, office, or profession," in the Upper Canada Assessment Act of 1850, do not and shall not extend to or include the income of a farmer derived from his farm, or to the full or half pay of any one in any of Her Majesty's Naval or Military Services, or to any pension, salary, or other gratuity or stipend derived by any person from Her Majesty's Imperial Treasury, or elsewhere out of this Province; nor shall the other personal property of any such persons in such Naval or Military Services, on full pay, or otherwise in actual then present service, be liable to be assessed, nor shall such persons be liable to perform statute labor, or to commute for the same under the said Act. Pensions. Income from Farms not assessable. Exemption in favour of Officers on full or half pay. III. And be it enacted, That so much of the first proviso to the twenty-second Proviso to Sect. 22, section of the said Act as refers to the Municipal Corporations of Cities, Towns and repealed in part. Villages, shall be, and the same is hereby repealed. IV. And be it declared and enacted, That the said Act does not and shall not apply Governor declared exto the Governor or Lieutenant-Governor of this Province in any way, nor is he nor empt. shall he be assessable under it; nor shall any other person administering the government of the Province for the time being, be assessable for his official income as such Administrator. V. And be it enacted, That the Municipal Council of each County and Union of Counties, at a meeting to be held by them for that purpose annually, on the first Monday in the month of May in each year, and to be continued by adjournment from time to time till such duty be completed, shall examine the Assessment Rolls of the different Townships, Villages and Wards of Towns divided into Wards, in the County or Union of Counties, for the purpose of ascertaining whether the valuations made by the Assessors in one such Township, Village, or Urban Ward, bears a just relation to the valuations so made in all such Townships, Villages, and Urban Wards in each County or Union of Counties. And it shall be lawful for such Municipal Council to increase or decrease the aggregate valuations of real and personal estates and property, in any such Township, Village, or Urban Ward, adding or deducting such sum upon the hundred as may, in their opinion, be necessary to produce a just relation between all the valuations of real and personal estates in such County or Union of Counties; but it shall not be lawful for them, in any case, to reduce the aggregate valuation thereof, for the whole County or Union of Counties, as made by such Assessors. VI. And be it enacted, That the Municipal Council of each County or Union of Counties, in apportioning any County rate among the different Townships, Villages, and Towns within such County or Union of Counties, as provided by the thirty-first section of the said Upper Canada Assessment Act of 1850, in order that the same may be a rate assessed equally on the whole rateable property of such County or Union of Counties liable to assessment within the provisions of the Upper Canada Municipal Corporations Act of 1849, shall make the amount of property returned on the assessment rolls of such Townships, Villages and Towns, for the financial year next before that in which such rate shall be so apportioned, the basis upon which such apportionment shall be made; and that, in making such apportionment between Townships in which rates are assessable on the capital value of property, and Villages and Towns in which such rates are assessable on the annual value of such property, the said capital value shall on every such occasion be taken and deemed to be greater than the said annual value in the proportion of one hundred to six, as nearly as may be, and without regarding fractions. VII. And be it declared and enacted, That it is and shall be the duty of all Assessors to complete the duty imposed upon them by the sixteenth section of the said Act within the time therein mentioned: Provided always, nevertheless, that it is, shall, 256 and County Councils to examine the Assesslize the valuations in the several Town ment Rolls, and equa ships, &c. What shall be the basis in apportioning a County rate among the General Townships, &c. Proportion between capital value and an nual value. Time within which assessors must com plete certain duties. Proviso Time for doing certain things required by Sect. 46 and 47 extended, &c. Meaning of the 22d, 34th & 35th sec. Penalty if distress be Short titles by which this Act and the known. and may be lawful for such Assessors, when unable to complete such duty within such time, to perform the same as soon as may be thereafter. VIII. And whereas it is expedient to extend the time allowed by the forty-sixth and forty-seventh sections of the said Act, for the doing of certain things therein mentioned: Be it therefore enacted, That any thing required to be done by the said forty-sixth and forty-seventh sections of the said Act, before the first day of January, one thousand eight hundred and fifty-one, or the first day of January, one thousand eight hundred and fifty-two, respectively, and which shall not have been done before the said days. respectively, may be lawfully done at any time within one year from the time prescribed for doing the same by the said sections, which with regard to any such thing, shall be construed and have effect as if the words "one thousand eight hundred and fifty-two" were substituted for the words "one thousand eight hundred and fifty one" wherever the latter occur in the said sections, and the words "one thousand eight hundred and fifty-three," for the words "one thousand eight hundred and fifty-two" wherever the latter occur in the said sections: Provided always, that the Municipal Council of the County shall cause the lists to be made up by the County Treasurers in pursuance of the requirements of the said sections, to be submitted to the several Township Councils in the County before the County Clerk shall certify any arrears therein mentioned to the Clerk of the proper locality, to the end that such Township Councils may cause such lists to be corrected by crediting the proper party with any sum which may have been paid on account of any such arrears, and omitted by the Treasurer in such lists. IX. And be it enacted, That it was and is the true intent and meaning of the twentysecond, thirty-fourth. and thirty-seventh clauses of the said Act that the Collector should and might and shall and may in person, and without warrant from any Justice of the Peace or other Officer, levy and collect the taxes and commutation for Statute labor in the said Act mentioned, by distress and sale of the goods and chattels of the party; or by Warrant under his Hand and Seal, may appoint and authorize a Bailiff to levy and collect the same. X. And be it enacted, That in case no distress sufficient to satisfy the sum due by any party for or in lieu of statute labor, or commutation thereof, as provided in the said twenty-second section, should or shall be found, then, that it shall and may be lawful for the Head of any such Municipality, upon complaint that such party appears upon the Collector's Roll to be rated for such sum, that the same has been duly demanded, and that the party has neglected to pay the same and that no sufficient distress can be found, to issue a Warrant under his Hand and Seal, and to commit the party to the Common Gaol of the County for any time not exceeding six days, unless such sum and the costs of the Warrant hereby authorized to be issued, and the execution thereof shall be sooner paid. XI. And be it enacted, That in citing or referring to the Act cited in the preamble amended Act shall be to this Act, in any statute or in any pleading, instrument or otherwise, it shall be sufficient to use the expression, "The Upper Canada Assessment Act of one thousand eight hundred and fifty; and, in citing or referring as aforesaid to this Act, it shall be sufficient to use the expression, "The Upper Canada Assessment Law Amending Act of 1851." САР. СХІ. Preamble. 13 & 14 Vic. c. 48 cited. An Act to define and restore certain Rights to parties therein mentioned. WHE [ 30th August, 1851. ] THEREAS it is desirable to remove doubts which have arisen in regard to certain provisions of the nineteenth section of an Act passed by the Parliament of this Province, in the Session thereof held in the thirteenth and fourteenth years of Her Majesty's Reign, intituled, An Act for the better establishment and maintenance of Common Schools in Upper Canada; And whereas it is inexpedient to deprive deprive any of the parties concerned of rights which they have enjoyed under preceding School Acts for 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, That each of the parties applying according to the provisions Each party applying of the said Act shall be entitled to have a separate School in each Ward, or in two or shall be entitled to more Wards united, as said party or parties shall judge expedient, in each City or school. Town in Upper Canada: Provided always, that each such School in its establishment and operations shall be subject to all the conditions and obligations, and entitled to all the advantages imposed and conferred upon separate Schools by the said nineteenth section of the said Act. CAP. CXII. An Act to extend the time for making the selection of Jurors, and preparing the WH [30th August, 1851. ] have a separate Proviso. Selectors of Jurors HEREAS it is expedient to extend the time for making the selection of Jurors Preamble. and for preparing the Jurors' Books in Upper Canada in the present year: 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, That for and notwithstanding any thing in the Upper Canada Jurors' Act to the contrary thereof, the Selectors of Jurors for any City, Town, Village or Township in Upper Canada, shall and may meet for the purpose of performing their duties as such Selectors for the present year, at any time before the first day of October next, and the selection of Jurors made or to be made by them, or a majority of them, on or after the first day of September and before the first day of October in this present year, shall be a good and valid selection of Jurors in Law, upon the Report of such selection being made and the other requirements of the Jurors' Acts complied with in respect to the same. II. And be it enacted, That if the Selectors for any such City, Town, Village or Township, shall not have made their selection of Jurors in this year, at the time prescribed by the Jurors' Act of one thousand eight hundred and fifty for that purpose, it shall be the duty of the Mayor or Townreeve of such City, Town, Village or Township respectively, to appoint a day for the meeting of the Selectors for that purpose, and to give notice thereof to the other Selectors, and the Selectors shall thereupon proceed to make such selection as on the day prescribed by the said Jurors' Acts, and in default thereof shall be liable to all the penalties by Law prescribed for such default. III. And be it enacted, That for and notwithstanding any thing in the said Jurors' Acts to the contrary thereof, the duties imposed on the Clerks of the Peace by the said Acts, shall and may for this present year be performed by them between the first and thirty-first days of October next, and all Affidavits, Certificates, and other proceedings connected therewith, shall be adapted to the same accordingly, october next. to meet before the 1st Selection of Jurors made between 1st September and 1st Oc tober, 1851, to be valid. Case wherein selection has not been made this year within provided for. a certain time Duties imposed on Clerks of Peace by be performed at a certhe Jurors Acts may tain time this year, &c. CAP. Preamble. Act of U. C. W. CAP. CXIII. An Act to confirm Decrees and Orders and other proceedings of the Court of Chancery of Upper Canada, in certain cases. W [ 30th August, 1851. ] HEREAS by a certain Act of the Parliament of that part of this Province heretofore constituting the Province of Upper Canada, intituled, An Act to establish a Court of Chancery in this Province, it was amongst other things enacted, That the Vice-Chancellor of the said Court thereby constituted and established, should have full power and authority, from time to time, to settle and declare the form of process and to define the practice and proceedings to be observed in the said Court of Chancery in prosecuting and defending suits therein: And whereas in pursuance of the said authority, the Vice-Cancellor of the said Court made and passed the several Orders, numbered sixty-three, sixty-six, sixty-eight and seventy-five, mentioned and set forth in the Schedule marked A. hereunto annexed, and the Order also mentioned and set forth in the Schedule and numbered one hundred and seventy-eight, was afterwards made and passed by the Chancery Commissioners, and afterwards confirmed by Parliament: And whereas under or by virtue of the said Orders, divers Decrees and Orders of the said Court have been made as well for the foreclosure of divers mortgages of lands as for the sale of mortgaged premises, for the rescision of contracts, for the sale and purchase of lands, and for other purposes relating to or affecting real estate in that part of this Province heretofore constituting the Province of Upper Canada, in cases in which the Defendants in the said suits, or some or one of them, have been absent from the part of this Province aforesaid and resident without the jurisdiction of the said Court: And whereas in order to obviate all doubts which have arisen or may arise as to the titles of the Lands affected by such Decrees or Orders of the said Court, it is expedient that the same Decrees or Orders should be ratified and confirmed: 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, That all and every the Decrees and Orders of the said Court, under or in pursuance of the Defendants, confirm said Orders of the said Court of Chancery, in the said Schedule set forth, which have been respectively pronounced, enforced and perfected, shall be and the same and each and every of them is and are hereby ratified and confirmed, and shall be, and be deemed and taken to be as valid and effectual in all respects and to all intents and purposes, except as hereinafter provided, as if the Defendants in the several suits wherein such Decrees or Orders have been respectively pronounced or made, had been resident in the part of this Province aforesaid, and within the jurisdiction of the said Court of Chancery, and had respectively appeared in the said Court of Chancery in the said suits, and the proceedings in the same had been prosecuted to Judgment or Decree, and all other proceedings had been had and taken therein, according to the usual course and practice of the said Court of Chancery, in suits wherein the Defendants have appeared. Certain decrees, &c. made under the old orders as to absent ed. Certain suits com menced but not ended may be completed as to such old orders, II. And be it enacted, That it shall and may be lawful to and for the said Court of Chancery, in all suits commenced in the said Court under the Order numbered sixty if no doubts existed as three, in the said Schedule mentioned, and in which suits before the passing of this Act, an Order for a Defendant's appearance was made or Process was served, under or by virtue of the said last mentioned Order, as well to make all necessary Orders and Decrees for the purpose of enabling the parties to prosecute the same suits, as for enforcing, perfecting and carrying out all such Decrees and Orders of the said Court, and for confirming all such reports as have at any time or times, on or before the first day of January last, been made or pronounced under the said Order in the said Schedule mentioned, and as have not hitherto respectively been enforced or perfected or confirmed, in such and the same manner as the same would have been respectively prosecuted, enforced or perfected or confirmed by any Order or Orders of the said Court of Chancery, in case no doubts had arisen or could arise touching the validity of the said Order last mentioned; and such Decrees, Orders and Reports respectively shall, when the same respectively shall be so pronounced, enforced, perfected or confirmed, be as valid and effectual in all respects and to all intents and purposes, as if the Defendants in the several suits, had been respectively resident in the part of this Province aforesaid, and within the jurisdiction of the said Court of Chancery, and had respectively appeared therein, and the proceedings in the same suits had been prosecuted, and all proceedings had and taken therein, and the Defendants had respectively been served therewith, according to the usual course and practice of the said Court in suits wherein the Defendants have appeared. III. Provided always, and be it enacted, That nothing herein contained shall affect Right of appeal saved, the right of any party in or to the said suits or any of them, to appeal against the said Decrees or Orders of the said Court enforced or to be enforced as aforesaid, in such and the same manner as such parties would have been entitled to appeal, in case such Decrees or Orders had been made or pronounced in suits wherein the Defendants had appeared, on any question touching such Decrees or Orders other than a question relating to or affecting the said Orders in the said Schedule to this Act, or relating to or affecting the necessity of serving any proceedings or proceeding subsequent to the first Process in any such suits. Defendant may within six months petition the Court to be heard, on such conditions as the Court shall impose. IV. Provided always, and be it enacted, That the Defendant or Defendants, or his or their representatives, in any cause wherein such Decree or Order as aforesaid, shall have been or shall or may be made or pronounced as aforesaid, may, within two years after the passing of this Act, or the pronouncement of such Decree, if pronounced after the passing of this Act, appear in the said Court of Chancery in the cause, and petition to be heard; and the party so petitioning, upon paying or securing to be paid such costs as the said Court shall adjudge, and submitting to such terms as to the said Court shall, under the circumstances of the case, seem just and reasonable, may, in the discretion of the Court (subject to appeal,) be admitted to answer the complainant's Bill, and set up such defence as he may be advised; and the suit shall then proceed in the same manner as if such Defendant had appeared in due season, and no Decree or no Report had been made, as the case may be: Provided always, nevertheless, Proviso. that such Decrees or Orders shall not be absolute except in the case provided for by the next following section of this Act, until the expiration of the time in this section before limited. V. Provided always, and be it enacted, That no sale or conveyance bona fide made under or by virtue of the said Decrees or Orders, hitherto made or pronounced upon a bill filed for the foreclosure or satisfaction of a mortgage or other charge, shall be affected or prejudiced by the appearance of the Defendant under the provisions hereinbefore contained, nor subject to such right of appeal as aforesaid, by any other proceeding; but such Defendant or his representatives may, at any time within one year after the passing of this Act, file a Bill or Petition against the complainant or his representatives, in the said Court, to account for all moneys received by them by virtue of such sale, over and above the amount which was justly due on the mortgage, and the costs of suit, together with his costs, charges and expenses subsequently incurred, with interest on the same respectively; and the said Court shall proceed upon such Bill, and make such Decree therein as, under the circumstances of the case, shall seem just and reasonable. No sale to be affected by Defendant appear Defendant or his representatives may ing afterwards; but within one year file a Bill for an account, SCHEDULE |