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Fees actually

paid to be included in the execution.

Interpretation clause.

Act of U. C.

4 William IV. c. 13. repealed.

Proviso.

XVII. And be it enacted, That the fees hereinbefore allowed shall be included in the execution to be issued by the Clerk of the Division Court as aforesaid, upon the party in whose favour the determination of the Fence Viewers shall be made," making an affidavit that the same have been duly paid and disbursed to the said parties respectively, (and which affidavit the said Clerk is hereby empowered to administer), and when recovered shall be paid over by the said Clerk to the said party entitled to recover the same.

XVIII. And be it enacted, That the words "Upper Canada" wherever they occur in this Act shall mean all that part of this Province which formerly constituted the Province of Upper Canada; that the word "party" in this Act shall include any person or persons, body or bodies politic or corporate; and that all words importing the singular number or the masculine gender only, shall include several persons, matters or things of the same kind as well as one person, matter or thing, and females as well as males, unless there be something in the subject or context inconsistent with such interpretation.

XIX. And be it enacted, That the Act of the Legislature of Upper Canada, passed in the fourth year of the Reign of His late Majesty King William the Fourth, and intituled, An Act to regulate Line Fences and Water Courses, and to repeal so much of an Act passed in the thirty-third year of His late Majesty King George the Third, intituled," An Act to provide for the nomination and appointment of Parish and Town Officers within this Province," as relates to the office of Fence Viewers being discharged by Overseers of Highways and Roads, shall be and the said Act is hereby repealed upon, from and after the first day of April next : Provided always, that the repeal of the said Act shall not be construed to revive any Act or part of an Act thereby repealed.

MONTREAL-Printed by STEWART DERBISHIRE and GEORGE DESBARATS,
Law Printer to the Queen's Most Excellent Majesty.

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An Act to detach the Parish of Saint Sylvester from the County of Lotbinière, and to annex it to the County of Megantic, for the purposes of Registration only.

W

[17th March, 1845.]

HEREAS the Parish of Saint Sylvester, in the Seigniory of Saint Giles de Preamble. Beaurivage, in the District of Quebec, is now for the purposes of Registration of Titles and other documents affecting real property, as well as for other purposes, within the County of Lotbinière, and it would greatly contribute to the convenience of the inhabitants of the said Parish that it should be, for the purposes of Registration, annexed to the County of Megantic: 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 from and after the passing of this Act, the said Parish of Saint Sylvester shall, for all the purposes of the Ordinance of the Governor and Special Council for the affairs of the the late Province of Lower Canada, passed in the fourth year of Her Majesty's attached to Reign, and intituled, An Ordinance to prescribe and regulate the Registering of that of MeTitles to lands, tenements and hereditaments, real or immoveable estates, and of gistration purcharges and incumbrances on the same, and for the alteration and improvement of the poses only. Law in relation to the alienation and hypothecation of real estates and the rights and interests acquired therein, as amended by subsequent Acts of the Legislature of this Province, be detached from the said County of Lotbinière and annexed to the said County of Megantic, but shall remain part of the said County of Lotbinière for the purposes of representation in the Legislative Assembly of this Province.

IL

The Parish of St Sylvester

detached from

Lotbinière,and

gantic for Re

Certified copies of all memo

rials, &c., relating to the Pa

rish of St. Sylvester to be

transmitted by Lotbinière to

the Registrar of

that of Megantic at the

public expence.

II. Provided always and be it enacted, That all the memorials, books, records, indexes, documents and papers made under the authority of the Ordinance aforesaid and now in the Registry Office for the County of Lotbinière, shall remain in and form part of the records and papers of the said office, and so soon as may be after the passing of this Act, there shall be transmitted to the Registry Office of the said County of Megantic, by the Registrar of the said County of Lotbinière, copies certified by such Registrar of all such entries therein as relates to or in any manner affect lands, tenements, hereditaments real or immoveable estates, or any charges or incumbrances on the same within the said Parish of Saint Sylvester, and for such certified copies the Registrar furnishing the same shall receive from and out of the Consolidated Revenue Fund of this Province, a sum equal to six pence currency per hundred words contained in the said copies.

MONTREAL:-Printed by STEWART DERBISHIRE and GEORGE DEsbarats,
Law Printer to the Queen's Most Excellent Majesty.

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An Act to provide more effectually for the collection of certain arrears of Taxes on Lands in the District of Wellington, and other Districts, and better to define the limits of the said District of Wellington.

[10th February, 1845.]

THEREAS the District of Wellington, in Upper Canada, was under the Preamble. provisions of the Act of the Legislature of the late Province of Upper

cited.

Canada, passed in the seventh year of the Reign of His late Majesty, and intituled, An Act erecting certain parts of the Counties of Halton and Simcoe into a new Dis- u. C. 7 Will. trict, by the name of the District of Wellington, constituted in part out of tracts of 4. cap. 116, land theretofore included within the Home District and the Gore District, respectively; And whereas, at the time of the issuing of the Proclamation constituting the said District of Wellington, Taxes may have been due on some of the lands thereafter and now included within the said District of Wellington, which Taxes may still, with the Taxes since accrued on such lands, remain due, and some part thereof may belong by law to the Home District, and to the Gore District, respectively, and doubts may have arisen or may arise as to the provisions under which the payment of such Taxes may be enforced: 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 Taxes on enacted by the authority of the same, That all arrears of Taxes now due on any lands in the lands in the said District of Wellington, whether the same or any part thereof Wellington to accrued before or after the passing of the Act herein first above cited, or before or be paid to the after the issuing of the Proclamation erecting the said District, shall be payable to that District and recoverable by the District Treasurer of the said District of Wellington, and only, at what to and by him only; any thing in the said Act or in any other Act or Law to the such Taxes

time soever

contrary may have ac

crued.

Under what

provisions of law the in

crease on such calculated, and

Taxes shall be

how they shall

be recoverable.

contrary notwithstanding; and all such arrears of Taxes shall be subject to the same rate of increase for non-payment, and shall be recoverable and leviable by the sale of the lands on which they shall have accrued or otherwise, in the same manner, under the same provisions, and at the same time, as if the said District of Wellington had been constituted and erected as a separate and distinct District at least eight years before the passing of this Act, and the said lands had during that period formed part thereof, and been assessed therein: Provided always, that out of all sums received for such arrears of Taxes as aforesaid, the District Treasurer of the said District of Wellington shall pay to the District Treasurers of the Home District to receive trict, and of the Gore District, respectively, such portions of the said sums as may, under the provisions of the Act first above cited, belong to the said Districts, respectively.

Proviso.

The Home
District and

the Gore Dis

their propor

tion of such Taxes.

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II. And whereas doubts have arisen as to the precise limits intended to be assigned by the Act first above cited to the said District of Wellington, on the north-west side: For the removal thereof Be it enacted, That the words "the triangular piece of land adjoining the said tract in the proposed district of Huron, part of the late purchase from the Indians from Gore, and part of Indian Lands," in the preamble to the said Act, shall be understood to apply to and include the tract of land now forming the Township of Arthur and no more, and the said Township shall be within and form part of the said District of Wellington.

III. And whereas there may be in divers others of the newer Districts in Upper Canada, lands on which there may be due Taxes of which some portion accrued while such lands formed parts of some older Districts, and it is expedient to avoid the doubts which may arise in any such case and to make provision for that purpose similar to that hereinbefore made with regard to the District of Wellington: Be it therefore declared and enacted, That in every such case the arrears of Taxes are and shall be payable to and recoverable by the District Treasurer of the newer District and to and by him only, and all such arrears of Taxes shall be subject to the same rate of increase for non-payment, and shall be recoverable and leviable by the sale of the lands on which they shall have accrued or otherwise in the same manner, under the same provisions and at the same time, as if such newer District had been constituted and erected as a separate and distinct District, at least eight years before the passing of this Act, and the said lands had during the same period formed part thereof and been assessed therein: Provided always, that out of all sums received for such arrears of Taxes aforesaid, the District Treasurer of such newer District, shall pay over to the District Treasurer of the older District such sums as may under the provisions of the Act under which the newer District was constituted, belong to the older District from which the lands were detached.

MONTREAL-Printed by STEWART DERBISHIRE and GEORGE DESBARATS,
Law Printer to the Queen's Most Excellent Majesty.

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