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C. 6 W. 4.c. 20, Majesty King William the Fourth, intituled, An Act to repeal and amend certain parts
repealed.

of an Act passed in the third year of His Majesty's Reign, intituled, An Act to
incorporate a Company under the style and title of The British America Fire and
Life Assurance Company,' as renders three of the Directors who shall be chosen in
any year ineligible to the office of Director for one year after the expiration of the
time for which they shall have been so chosen Directors, and the seventh section of

the same Act, be and the same are hereby repealed.
Further powers grante II. And be it enacted, That from and after the passing of this Act, until the third
ed to the Company
with regard to Marine day of March, one thousand eight hundred and eighty-two, the said The British
Insurance,

America Fire and Life Assurance Company shall, in addition to the powers already
possessed by them, have full power and authority to make contracts of assurance with
any person or persons, body politic or corporate, against losses or damage of or to
sea-going ships, vessels, steamboats or other craft, or any ships, vessels, steamboats
or other craft navigating the ocean, the high seas or any other waters whatsoever, froin
any port or ports in this Province to any foreign port or ports upon the ocean or other
waters aforesaid, or from one foreign port to another foreign port, or from any such
foreign port or ports to any port or ports within this Province or elsewhere, upon all
or any of the seas and waters aforesaid, and against any loss or damage of or to the
cargoes or property conveyed in or upon such ships, vessels, boats or other craft, and
the freight due or to grow due in respect thereof, or of or to timber or other property
of any description conveyed in any manner upon all or any of the seas and waters
aforesaid, and generally, to do all matters and things relating to or connected with
marine assurances, on all or any of the seas and waters aforesaid, and to make and
grant policies therein and thereupon, in the same manner as they make and grant
policies for certain other purposes under the provisions of the above recited Act.

III. And be it enacted, That at the election of Directors of the said Corporation, to reduced to nine.

take place on the first Monday of the month of August next, and at every ensuing
election of Directors, the number of Directors of the said Corporation to be elected
shall be reduced to nine, and that such nine Directors shall be elected in the manner,
and subject to all the provisoes, conditions and restrictions prescribed and contained in

the above recited Act, except such as are repealed by the first section of this present Act. Questions to be decide

IV. And be it enacted, That all questions brought before or submitted to the said ed by majority of Di

Directors shall be decided by a majority of voices or votes, each Director having one Casting vote. vote, and in case of an equality of votes, the Governor, Deputy Governor, or Presiding

Director, shall give the casting vote over and above his proper vote as a Director.

Number of Directors

rectors,

CAP. XLI.

Wh

An Act to amend the Act incorporating The Montreal Firemen's Benevolent
Association.

[ 2d August, 1851. ] Preamble.

THEREAS it is desirable that the Association hereinafter mentioned should

have power to make provision for the Widows and Orphans of deceased Members in the case hereinafter mentioned: 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 Corporation may by the authority of the same, That it shall be lawful for the Corporation of the Montreal grant annuities in

Firemen's Benevolent Association to grant, out of the funds of the said Corporation,
annuities to the Widows and Orphans of deceased Members whose deaths may have
been occasioned by injuries received whilst engaged in their duties as Firemen ; any

thing in the Act incorporating the said Association, and intituled, An Act to incorporate 10 & 11 Vict. c, 101. the Montreal Firemen's Benevolent Association, to the contrary notwithstanding.

СА Р.

certain cases,

WHOP

CAP. XLII.
An Act to confer upon Charles Horatio Waterous, the Civil and Political Rights of a
natural born British subject.

[ 2d August, 1851. ]
HEREAS Charles Horatio Waterous, of the Town of Brantford, in the County Preamble.

of Wentworth, Machinist, has, by his Petition in that behalf, represented that he has been a Resident in this Province ever since sometime in the year of Our Lord, one thousand eight hundred and forty-nine, and that he has determined to become a permanent Resident in this Province, and has prayed that he may be naturalized as a subject of Her Most Gracious Majesty ; And whereas it seems expedient that his prayer 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 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 said Charles Horatio Waterous shall be deemed, adjudged c. H. Waterous naand taken to be, and to have been in every respect whatsoever, a natural-born British turalized subject of Her Majesty, and of Her Royal Predecessors, to all intents, constructions and purposes whatsoever, as if he had been born within this Province: Provided always, Proviso. that in order to entitle himself to the benefit of this Act, the said Charles Horatio Waterous shall take and subscribe within six months from the date of the passing of this Act, before the Clerk of the Peace of the said County of Wentworth, the Oath of Allegiance to Her Majesty, Her Heirs and Successors; and that such Oath so taken and subscribed shall be kept by the said Clerk of the Peace among the records of his Office.

II. And be it enacted, That this Act shall be taken and declared to be a Public Act, Public Act.
and as such shall be judicially taken notice of by all Judges, Justices of the Peace, and
all others whom it shall concern, without being specially pleaded.

CAP. XLIII.
An Act to naturalize Ira Gould and others, and for other purposes.

[ 2d August, 1851. ]
HEREAS Ira Gould, of the City and District of Montreal, Trader, and

Nathaniel Weed Gould, Charles Hubbard Gould, Joseph Gould, Edwin Gould and Ovid Miner Gould, of the same place, sons of the said Ira Gould, have by their Petition represented that they have all resided uninterruptedly in this Province during a period of four years last past, and that they are all desirous of permanently settling in this Province, and of becoming subjects of Her Most Gracious Majesty the Queen, and have prayed that they might be naturalized as subjects of Her Most Gracious Majesty, and declared and made capable of inheriting and enjoying the civil and political rights of British subjects; and whereas it seems meet and expedient that the prayer of the 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 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 said Ira Gould, Nathaniel Weed Gould, Charles Ira Gould and his Hubbard Gould, Yoseph Gould, Edwin Gould and Ovid Miner Gould, shall be deemed, children naturalized. adjudged and taken to be, and in so far as respects his and their and each of their capacity at any time whatsoever, heretofore, now or hereafter, to take, hold, possess, own, enjoy, claim, recover, convey, devise, acquire by devise, give, bequeath, impart or transmit, or take and receive by descent, succession or otherwise, any real or

immoveable

Preamble.

a

immoveable estate, ships, vessels, or other personal or real property whatsoever in this Province, by them or either of them now owned or acquired, or hereafter to be owned or acquired, or to which he or they or either of them may be or may hereafter become in any way entitled, or any right, title, privileges or appurtenances thereto belonging or any interest therein, and in all other respects whatsoever shall be deemed and taken to have been and to be natural born British subjects of Her Majesty, and to all intents, constructions and purposes whatsoever, and as respects all civil and political rights whatsoever, shall be deemed, taken and held to have been and to be natural born subjects of Her Majesty; and the titles of the said Ira Gould or of his children aforesaid, or either of them, to any real estate within this Province, shall not be impeached or held invalid, or such estate held liable to be resumed by Her Majesty or Her Successors, for or by reason of the said Ira Gould, or the said Nathaniel Weed Gould, Charles Hubbard

Gould, Joseph Gould, Edwin Gould and Ovid Miner Gould having heretofore been

they take the oath of alle. Aliens : Provided always, that the said Ira Gould, and the said Nathaniel Weed Gould, giance.

Charles Hubbard Gould, Joseph Gould, Edwin Gould and Ovid Miner Gould, and each of them, shall, within three months after the passing of this Act, take and subscribe before some Clerk of the Peace in this Province, the Oath of Allegiance to Her Majesty, Her Heirs and Successors, and that such Oath so taken and subscribed shall

be kept by the said Clerk of the Peace among the Records of his Office. Public Act.

II. And be it enacted, That this Act shall be taken and declared to be a Public Act, and as such shall be judicially taken notice of by all Judges, Justices of the Peace and all others whom it shall concern, without being specially pleaded.

CAP. XLIV.
An Act to authorize the Courts of Queen's Bench, Common Pleas and of Chancery in

Upper Canada, to admit William Edwin Twynam, to practise as an Attorney and
Solicitor therein.

[ 2d August, 1851. ] THEREAS William Edwin Twynam, of the City of Toronto, hath, by his

Petition set forth that he, the said William Edwin Twynam, had been admitted an Attorney of Her Majesty's Supreme Court of New Brunswick, and hath produced Certificates of his having been duly admitted as such ; and whereas the said Supreme Court of New Brunswick will admit Attorneys of the Courts of Canada to practise in the Province of New Brunswick, after the expiration of one year's study in that Province; and whereas the said William Edwin Twynam is now desirous to be admitted on the same terms, to practise the Law as an Attorney and Solicitor and Proctor at Law in this Province; and whereas it is reasonable, under the circumstances of the case, that the Courts of Law and Equity in this Province should be authorized, in their discretion, to admit the said William Edwin Twynam to practise as an Attorney and Solicitor: 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, The several Courts in That it shall and may be lawful for the Courts of Queen's Bench and Common Pleas

their discretion namit"w. in and for Upper Canada, in their discretion, and upon the production of a Certificate E.Twynam to practise of the said William Edwin Twynam having duly studied one year with a Member of

the Bar of Upper Canada aforesaid, to adınit the said William Edwin Twynam as an Attorney of those Courts; and that it shall and may be lawful for the Court of Chancery in that part of this Province last aforesaid, in its discretion, to admit the said William Edwin Twynam to practise as a Solicitor in the Court of Chancery, and for the said William Edwin Twynam to practise as a Proctor at Law in that part of the Province last aforesaid ; any law or usage to the contrary notwithstanding.

Preamble.

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CAP.

therein.

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WH

receive of

CAP. XLV.
An Act for the relief of Mortgagees.

[ 30th August, 1851. ]
HEREAS it is expedient that relief should be afforded to Morgagees of Preamble.

freehold and leasehold property in certain cases in which they are not sufficiently protected by law: 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 it shall and may be lawful for any Mortgagee of Mortgagee of frechold freehold or leasehold property, or any Assignee or Assignees of such Morgagee, to take pare tere release may and receive from the Mortgagor or Assignee of such Mortgagor, a release of the equity equity of redemption

&c., without merger of redemption in such property, or to purchase the same under any power of sale in his of his debt. Mortgage, or any judgment or decree, without thereby merging the Mortgage debt as against any subsequent Mortgagee or registered judgment Creditor of the same property.

İ. And be it enacted, That whenever any prior Mortgagee or Assignee or Assignees When prior Mortof such prior Mortgagee of such property as aforesaid, shall take a release of the equity gagee shall tako of redemption of the Mortgagor or his Assignee in such Mortgaged property as aforesaid, redemption, &c., or shall purchase the same under any power of sale in his Mortgage or any judgment or gagee, &c. not entitled decree, no subsequent Mortgagee or his Assignee, or registered judgment Creditor shall to foreclose or sell be entitled to foreclose or sell such property without redeeming or selling subject to redeeming, &c.

property, without such prior Mortgagee or his Assignee, in the same manner as if such prior Mortgagee or his Assignee had not taken, received or purchased such equity of redemption of the Mortgagor or his Assignee.

III. And be it enacted, That nothing in this Act contained shall be construed to Priority of any Mortaffect any priority or claim which any Mortgagee or judgment Creditor shall or may gagee not to be have or be entitled to under any Act in force relating to the registry of titles to land.

IV. And be it enacted, That on any proceeding for foreclosure by, or redemption in proceedings for against any Assignee or Assignees of any Mortgagee, the statement of the Mortgage Mortgage account account, under the oath of such Assignee or Assignees, shall be sufficient prima facie may be proved primâ evidence of the state of such account, and no affidavit or oath shall be required from bath of Aseignee of

facie by on the Mortgagee or any intermediate Assignee denying any payment to such Mortgagee Mortgagee. or intermediate Assignee, unless the Mortgagor or his Assignee, or the party proceeding to redeem, shall deny the correctness of such statement of account by oath or affidavit.

V. And be it enacted, That this Act shall extend only to Upper Canada.

release of equity of

, &

Extent of Act,

CAP. XLVI.

An Act for granting to Her Majesty certain sums required for defraying certain expenses

of the Civil Government for the year one thousand eight hundred and fifty-one, and certain other expenses connected with the Public Service.

[ 30th August, 1851. ] Most GRACIOUS SOVEREIGN :

HEREAS by Messages from His Excellency the Right Honorable James, Earl

of Elgin and Kincardine, Governor General of British North America, and Captain General and Governor in Chief in and over this Province of Canada, bearing date respectively the twenty-third day of June, and the sixth day of August

, in the present year, one thousand eight hundred and fifty-one, and the Estimates accompanying the same, laid before both Houses of the Provincial Legislature, it appears that the

239

WH

Preamble.

sums

& 15

R. Fund.

sums hereinafter mentioned are required to defray certain expenses of the Civil Government of this Province for the year one thousand eight - hundred and fifty-one, not otherwise provided for by law, and also for defraying certain contingencies of the Public Service connected with the Public Works, and for other purposes in the said Messages and Estimates mentioned: May it therefore please Your Majesty that it may be enacted, and Be it 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 £380,262, 87. 23. CE: authority of the same, 'That from and out of any unappropriated moneys forming part of appropriated, out of C.

the Consolidated Revenue Fund of this Province, there shall and may be paid and applied a sum not exceeding in the whole Three Hundred and Eighty Thousand Two Hundred and Sixty-two Pounds, Eight Shillings and Two Pence, currency, for defraying the several charges and expenses of the Civil Government of this Province, for the

year one thousand eight hundred and fifty-one, set forth in the Schedule to this Act. 44000 out of Josuits' II. And be it enacted, That from and out of any unappropriated moneys forming

part of the Jesuits' Estates Fund, there shall and may be paid and applied a sum not exceeding Four Thousand Pounds, towards the support of certain Educational

Institutions in Lower Canada, as mentioned in the Schedule aforesaid. Accounting clause. III. And be it enacted, That the due application of the moneys hereby appropriated

shall be accounted for to Her Majesty, Her Heirs and Successors, through the Lords Commissioners of Her Majesty's Treasury for the time being, in such manner and form as Her Majesty, Her Heirs and Successors shall direct.

IV. And be it enacted, That a detailed account of the moneys expended under the authority of this Act, shall be laid before the Legislative Assembly of this Province during the first fifteen days of the Session of the Provincial Parliament next after such expenditure.

Estates Fund.

Accounts to be laid before Parliament.

SCHEDULE.

SUMS GRANTED TO HER MAJESTY BY THIS ACT, AND THE PURPOSES FOR WHICH

THEY ARE GRANTED.

1. Upon the Estimate accompanying the Message of His Excellency, bearing date

23rd June, 1851.

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£

8. d.

£

8. d.

Militia Staff.

1000 0 0

66

Salaries of two Deputy Adjutants General of Militia for the year, 1851....

three Clerks in the Offices of the Deputy Adjutants General of Militia,
for the

year

1851.....
Salary of a Messenger in the do do
Contingent Expenses of Printing, Postage, Stationery, &c. for the Offices of do.
Salary of one Provincial Aide-de-Camp...

490 0 0

66 0 0 300 0 0 200 0 0

2056 0 0

SCHEDULE,

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