Preamble. CHAP. XXXIX. AN ACT to authorise the levying an additional tax on the inhabitants of the County of Simcoe, for the purposes therein-mentioned. [Passed 6th March, 1838.] WHEREAS it is desirable to provide funds for the speedy erection of a Gaol and Court-house at Barrie, in the County of Simcoe, in order that the said County may be declared a separate District, agreeably to an Act passed during the last Session of the Provincial Legislature: Be it therefore enacted, by the Queen's most Excellent Majesty, by and with the advice and consent of the Legislative Council and Assembly of the Province of Upper Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of Great Britain, entitled, "An Act to repeal certain parts of an Act passed in the fourteenth year of His Majesty's reign, entitled, An Act for making more effectual provision for the Government of the Province of Quebec, in North America, and to make further provision for the Government of the said Province," and by the authority of the same, That for the purpose Home District authorised above-mentioned, it shall and may be lawful, from and after the passing of this Act, for the Justices of the Peace for the Home District in Quarter Sessions assembled, and they are hereby required to levy by assessjug Gaol and Court-house. ment, to be made on each and every inhabitant house-holder in the County of Simcoe aforesaid, in the same manner and form as by law any assessment may now or hereafter be levied for any public purpose in the said County, an additional rate, not exceeding one penny in the pound, until the sum hereinafter authorised to be borrowed for defraying the expenses of erecting the said Gaol and Court-house, and all interest thereon, shall be fully discharged. Justices of the Peace for to levy additional assessmont on inhabitants of County of Simcoe to defray expense of erect Justices of Peace for rised to raise by way of loan £4,990. II. And be it further enacted by the authority aforesaid, That the Justices County of Simcoe autho- of the Peace for the County of Simcoe shall have power to raise by loan, at a rate of interest not exceeding six per cent per annum, from such person or persons, bodies politic or corporate, as may be willing to advance the same on the credit of the securities afforded by this and the before. recited Act, a sum not exceeding the sum of four thousand pounds, Provincial Currency, to be applied in the erection of the said Gaol and Court house, and not otherwise. III. And be it further enacted by the authority aforesaid, That the monies raised by the authority of this Act shall be paid over by the Trea County of Simcoe, &c. surer of the Home District to the Treasurer appointed by the Magistrates Monies levied to be paid of the County of Simcoe, to be expended by the Justices of the Peace for District to Treasurer of the said County of Simcoe in the manner prescribed in the Act passed during the last Session, entitled, "An Act to authorise the erection of the County of Simcoe into a separate District, by the name of the District of Simcoe"; Provided always, that the sum raised under this and the above recited Act shall not exceed in the whole the sum of four thousand pounds. CHAP. XL. AN ACT to exempt the District of Hastings from the operation of a Bill passed during the present Session, to regulate the future erection of Gaols in this Province. [Passed 6th March, 1838.] Preamble. WHEREAS it is inexpedient that the powers given to certain Commissioners and Judges of the Court of King's Bench, by an Act passed in the first year of Her present Majesty's reign, entitled, "An Act to regulate the future erection of Gaols in this Province," should apply to the County of Hastings: Be it therefore enacted, by the Queen's most Excellent Majesty, by and with the advice and consent of the Legislative Council and Assembly of the Province of Upper Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of Great Britain, entitled, "An Act to repeal certain parts of an Act passed in the fourteenth year of His Majesty's reign, entitled, ‘An Act for making more effectual provision for the Government of the Province of Quebec, in North America, and to make further provision for the Gov- Act referred to not to ernment of the said Province," and by the authority of the same, That Gaol erecting in County so much of the said recited Act as can, by any construction, apply to the Court House and Gaol now erecting in the County of Hastings, be and the same is hereby repealed. apply to Court-house and of Hastings. CHAP. Preamble. CHAP. XLI. AN ACT to authorise the Surveyor of Highways in and for the County WHEREAS by a petition presented at a General Court of Quarter bly of the Province of Upper Canada, consituted and assembled by virtue of and under the authority of an Act passed in the Parliament of Great Britain, entitled, "An Act to repeal certain parts of an Act passed in the fourteenth year of His Majesty's reign, entitled, 'An Act for making more effectual provision for the Government of the Province of Quebec, in North America, and to make further provision for the Government of the said Province," and by the authority of the same, That it shall and may be authorised to convey lawful for the Surveyor of Highways in and for the County of Wentworth, certain portion of road. in the District of Gore, and he is hereby authorised and required forthwith, to grant and convey unto the said Allan Napier MacNab, his heirs and assigns for ever, all and so much of the road allowance, being the first, otherwise called the second Concession road of Barton aforesaid, commencing as follows, that is to say-At the south-west angle of Lot number seventeen of the broken front on Burlington Bay, thence north seventytwo degrees west, eighty chains more or less, to the Gore of Ancaster, in the said District of Gore; also all and so much of the road allowance between Lots numbers eighteen and nineteen, in the said first, otherwise named second Concession, and part of the road allowance between Lots number eighteen and nineteen, in the second, otherwise named third Concession of the said Township of Barton, commencing as follows, that is to say-Where the north side of the present survey of the road over Burlington Heights, in the said District, intersects the said road allowance between Lots numbers eighteen and nineteen, in the said second, otherwise third Concession of Barton aforesaid; thence north eighteen degrees east, twelve chains, more or less, to the waters of Burlington Bay; which said conveyance shall vest in the said Allan Napier MacNab, his heirs and assigns, all the right and title in the land of which the said allowances for road are composed, as fully and to all intents and purposes as if the same had been orginally granted to the said Allan Napier MacNab, his heirs and assigns, by Patent from the Crown. Portion of ground dedeemed and taken as II. And be it further enacted by the authority aforesaid, That so soon as the said conveyance shall be made, the land hercinbefore mentioned, scribed to be henceforth. and ordered to be taken by the Court of General Quarter Sessions, as public highway. well as the road leading from the Dundas Road to Burlington Bay, between Lots number seventeen and eighteen, and the new road laid out on the lands of the said Allan Napier MacNab, from the Battery to the reservation on Burlington Heights, shall be deemed and taken to be public highways, as fully and effectually as if the same had been laid out as roads in the original survey of the Township of Barton. СНАР. Preamble. CHAP. XLII. AN ACT to authorise the admission of John Prince, Esquire, to practise as a Barrister and Attorney within this Province. [Passed 6th March, 1838.] WHEREAS an Act was passed in the second year of the reign of His late Majesty King George the Fourth, entitled, "An Act to repeal part of and amend an Act passed in the thirty-seventh year of His late Majesty's reign, entitled, 'An Act for the better regulating the practice of the Law, and to extend the provisions of the same": And whereas, it is among other things enacted, that from and after the passing of the said Act, no person shall be admitted by the Court of King's Bench to practise as an Attorney in this Province, unless upon an actual service under articles for five years with some practising Attorney in this Province: And whereas, John Prince, Esquire, late of Cheltenham, in the County of Gloucester, in England, a Solicitor and Attorney of Her Majesty's Courts of Law and Equity, has been for some years a resident inhabitant of this Province, and during the late invasion of the Western District, rendered very zealous and effective service in its defence: And whereas, it is desirable that the Legislature should mark their approbation of the conduct of the said John Prince, by enabling him to practise in his profession in this Province, without incurring the delay which is required by the law in that behalf: Beit therefore enacted, by the Queen's most Excellent Majesty, by and with the advice and consent of the Legislative Council and Assembly of the Province of Upper Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of Great Britain, entitled, “An Act to repeal certain parts of an Act passed in the fourteenth year of His Majesty's reign, entitled, 'An Act for making more effectual provision for the Government of the Province of Quebec, in North America, and to make further provision for the Government of the said Province," and by authorised to admit John the authority of the same, That any thing in the said Act to the contrary notwithstanding, the Court of King's Bench may, at its discretion, admit the said John Prince to practise as an Attorney in this Province. Court of King's Bench Prince, to practice as an Law Society in its discretion to receive the said John Prince and introduce bem as a Britt bar Bench, may thenceforth being received at the bar of the Court of King's practice as a Barrister. II. And be it further enacted by the authority aforesaid, That the Law Society may, at its discretion, receive into the same and introduce to the Court of King's Bench, as a Barrister, the said John Prince; and thereupon being received at the Bar of the Court of King's Bench, he shall thenceforth be authorised to practise the profession of the Law, as fully to |