trustees should be able, without a sacrifice of the estate in legal expenses, to sell and realize the same, so that the proceeds may be invested for the benefit of those interested therein; And whereas it appears, that in order to carry out such object and to remove other difficulties which have occurred, in consequence of the intestacy of the said Robert Shaw Miller, and the infancy of his children, an Act of the Provincial Parliament is necessary: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: ecutors. 1. All real and personal estate in Upper Canada at the time Estate of E. of the decease of the said Eliza Mitchell vested in her or stand- Mitchell vesting in her name, whether as trustee or otherwise, shall be and ed in her exthe same are hereby vested in the said Andrew Mitchell, Alexander Mitchell, and William Paton, as joint trustees. thereof, and in the heirs, executors, administrators and assigns of the said Andrew Mitchell, Alexander Mitchell and William Paton, or the survivor or survivors of them, with full power to Powers. them and the survivors and survivor of them to sell and convert the same into money, and to proceed in equity to obtain foreclosure of mortgages or sale of mortgaged property, or for any other purposes connected with the realization of the said estate, without the consent or concurrence of any other party, and to exercise any power of sale which was vested in the said Robert Shaw Miller or Eliza Mitchell under or by virtue of any such mortgages; but the said trustees shall apply or invest the Investment of proceeds of the said estates when realized, for the benefit of moneys. the parties entitled thereto. ted in admi 2. To facilitate the winding up of the estate of the said Estate of R. Robert Shaw Miller, all real estate which stood in the name of S. Miller vesthe said Robert Shaw Miller at the time of his death, as owner, nistrator. mortgagee, trustee or otherwise, is hereby vested in any person who may take out a general administration to his estate, and in the heirs and assigns of such person, as fully as the same is now vested in the said minor children of the said Robert Shaw Miller; but should any administration be taken out limited to If administra any mortgages, standing in the name of the said Robert Shaw tion be limitMiller at the time of his death, the legal estate in the lands ed. comprized in such mortgages shall be and hereby is vested in the person to whom such limited administration may be granted, his heirs and assigns, as fully as the same is now vested in the minor children of the said Robert Shaw Miller. kin, &c. 3. It shall not be requisite that any person applying for such Administrageneral administration or limited administration as herein tor need not mentioned for the purpose aforesaid, shall be of the next of kin be next of to the said Robert Shaw Miller, or in anywise related to him or to his said minor children, or shall give notice of the application to the next of kin, or shall cite or summon the next of kin; but such general or limited administration may be granted As to proper S. Miller in trust. granted to such person, if the Court having jurisdiction in that behalf shall deem him or her otherwise fit and competent, and upon his or her complying with all lawful requirements in other respects. 4. If any person who takes out such general or limited ty held by R. administration is satisfied that any lands or mortgages, which stood in the name of the said Robert Shaw Miller at the time of his death, were vested in or held by the said Robert Shaw Miller as trustee for another or others, such administrator shall, without suit, transfer and convey such lands or mortgages, including the mortgaged premises, to or to the use of the person or persons entitled thereto, or as he or they shall appoint. Relief of 5. In the case of mortgages on lands or real estate affected mortgagors or by this Act, the mortgagors, their heirs, executors, adminipurchasers. strators, or assigns, or any person or persons purchasing any of the lands or real estate referred to in this Act, shall not be bound to see to the application of the mortgage money or purchase money, as the case may be. Public Act. Preamble, 6. This Act shall be deemed a Public Act. CAP. CLXX. An Act to provide for the conveyance of land sold by the late Charles Lawrence Herchmer, Esquire, deceased. W [Assented to 30th June, 1864.] HEREAS Margaret Jemima Herchmer, Mary Elizabeth Gilderslieve, and Charles Fuller Gilderslieve, have, by their petition, represented that the late Charles Lawrence Herchmer died on or about the seventh day of May, in the year. of Our Lord one thousand eight hundred and sixty, intestate, leaving him surviving his widow, Margaret Jemina Herchmer, and children, Mary Elizabeth, now wife of Charles Fuller Gilderslieve, Lawrence Kirby, George Seymour, and Helen Emily, minors now under the age of twenty-one years; that during the lifetime of the said Charles Lawrence Herchmer, he sold and disposed of by way of lottery certain park lots laid out by him on the east half of lot number nine and the west half of lot number ten in the first concession of the township of Thurlow and the broken fronts thereof, and executed deeds and received mortgages for the purchase money of the same lots or some of them, and also sold and disposed of or contracted and agreed for the sale of other real property situated elsewhere, for which no conveyances were executed by the said Charles Lawrence Herchmer before his decease; and whereas the said Margaret Jemima Herchmer, Mary Elizabeth Gilderslieve, and Charles Fuller. Gilderslieve have prayed that an Act may be. passed appointing the Honorable Benjamin Seymour, of the Town Town of Port Hope, in the County of Durham and Province of Canada, Trustee for the conveyance in fee of such portions of the said Real Estate of the said Charles Lawrence Herchmer as were sold or agreed to be sold by him, but not conveyed before his decease, and have represented that the parties concerned in the said lottery were not aware that the same was illegal, or that the Imperial Statute, twelve George II, chapter. twenty-eight, was in force, or would be held or adjudged to be in force in Upper Canada, and that the said park lots were disposed of in good faith and in ignorance of law; and whereas it is desirable to make some equitable provision in that behalf: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: 1. For and notwithstanding the Imperial Statute twelve Sales of porGeorge II, chapter twenty-eight, or any other Law or Statute to tions of the the contrary, no deed or mortgage (save as hereinafter provided) said estate made in pursuance of the said sale by lottery of the said park certain cases lots or any of them, shall be held or adjudicated to have been although or to be illegal or void, solely by reason of such sale or disposal made by Lottery. having been made by lottery in either of the cases following, namely: 1st. In case the purchase money of such park lots respecti- In what cases vely shall have been paid in full before the passing of this Act. such sales shall be confirmed pay 2nd. In case when a purchaser of any such park lots ment in full. respectively having executed a mortgage or suffered a lien for Mortgage the purchase money to remain thereupon, shall, within one year given and part from the passing of this Act, pay an instalment of one fifth of payment the amount remaining due thereupon or agree to pay the same. tain time. within a cer 2. In every such case when the purchase money or any part when part thereof remains unpaid, and the purchaser shall by paying an only of purinstalment within one year from the passing of this Act, or chase money is paid: how agreeing thereto, have elected to retain such respective park the remainder lots, the balance of such purchase money as originally specified, shall be paywith interest thereon, shall be paid and payable in four equal annual instalments, with interest, the first instalment whereof shall be payable at the end of the second year after the passing of this Act. able. within the 3. In all cases when the purchaser of any such park lot Forfeiture in shall not within a year after the passing of this Act, have made cases of nonhis election in manner hereinbefore prescribed to retain such payment lot, any purchase money which he may have paid thereupon, time hereby shall be forfeited, and the deed thereof to the purchaser, and the limited. mortgage thereof from him, shall be absolutely null and void; provided always, that the said lots so disposed of by lottery as Proviso: aforesaid or any of them, shall not be forfeited under any of the land not to be provisions of the above cited Imperial Statute, but the title shall forfeited under the Imp. remain unaffected by any such provisions. Act. Trustee named. Powers. To convey land. And invest proceeds. Provision for of trust. 4. The said Honorable Benjamin Seymour, of the Town of Port Hope, in the county of Durham, is hereby declared to be Trustee for the said Margaret Jemina Herchmer, Mary Elizabeth Gilderslieve, Charles Fuller Gilderslieve, Lawrence Kirby Herchmer, George Seymour Herchmer, and Helen Emily Herchmer, for the following purposes and no other: 1st. To make good and sufficient conveyances of the estate and title of the said Charles Lawrence Herchmer in such lands as were sold or promised or agreed to be sold during the lifetime of the said Charles Lawrence Herchmer, and for which no conveyances were given, to such person or persons as are or may be entitled thereto, their heirs and assigns forever. 2nd. To invest all such moneys as shall arise from any sale or sales made by the said Charles Lawrence Herchmer in his lifetime, on the security of Real Estate for the benefit of the said Margaret Jemima Herchmer, Mary Elisabeth Gilderslieve, Charles Fuller Gilderslieve, Lawrence Kirby Herchmer, George Seymour Herchmer and Helen Emily Herehmer, in the same proportion as they are now by law entitled. 5. In case of the death, removal from the Province, resignaperpetuation tion, incapacity, or unwillingness to act, of the said Trustee, before the complete fulfilment of the trust hereby created, it shall be lawful for the Judge of the County Court of the County of Hastings, or one of the Judges of one of the Superior Courts at Toronto, on the written application of the heirs or any of them to nominate some fit and proper person to be a Trustee in the stead of the said Trustee appointed by this Act; and such Trustee so nominated and appointed as aforesaid shall have the same power to all intents and purposes as if expressly named and appointed in and by this Act. Public Act. Preamble. 6. This Act shall be deemed a Public Act. CAP. CLXXI. An Act to authorize the Law Society of Upper W [Assented to 30th June, 1864.] HEREAS the Honorable Michael Hamilton Foley has, by his petition, represented, that he has been for upwards of thirteen years a practising Attorney and Solicitor in the Courts of Law and Equity of Upper Canada respectively,that he has been for between three and four years a duly admitted Student at Law,-that he has been for a long time a Member of the Legislative Assembly of this Province, and has held therein therein the offices of Executive Councillor and Postmaster General; and that by reason of the occupancy of a large portion of his time in the public service he has been unable to keep his regular terms or otherwise strictly to comply with the requirements of law and the rules and regulations of the Law Society of Upper Canada, necessary for his admission as a Barrister at Law, and has prayed that notwithstanding such non-compliance on his part and non-fulfilment of his term of service as such student, the said Law Society may be authorized to admit him to practise as a Barrister at Law, and it is under the circumstances right and expedient to grant his said prayer: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: 1. It shall and may be lawful for the Law Society of Upper Law Society Canada and the Benchers thereof, in their discretion, at any of U. C. may, time to call and admit the said Honorable Michael Hamilton in their discretion, call Foley to the degree of a Barrister at Law, and to the practice M. Foley to of the Law as such, without the completion by him of the full the bar. term of service required by Law as such student, and without his compliance with the other requirements of the law or of the rules and regulations of the Law Society of Upper Canada in that behalf, any law, custom or usage to the contrary notwithstanding. 2. This Act shall be deemed a Public Act. CAP. CLXXII. An Act to authorize the admission of John Thompson [Assented to 30th June, 1864.] Public Act. HEREAS John Thompson Huggard, of the city of Preamble. Toronto, in the county of York, and Province of Canada, Gentleman, hath, by his petition, represented, that he has been for five years past a member of the Law Society of Upper Canada, of sufficient standing to entitle him to apply to be called to the degree of Barrister at Law, and that he has also for the same period been qualified, by due service under articles, to apply for admission to practise as an attorney and a solicitor in the courts of law and equity in Upper Canada, but by reason of conscientious objections to the taking of oaths, he has been prevented during the said period from presenting himself for admission as a barrister, attorney and solicitor, and he hath prayed relief in the premises, which relief it is expedient to grant: Therefore, Her Majesty, by and with the |