Investment of the proceeds. Application of interest, &c. Accounts to be rendered under laws of L. C. In case of death of J. Auld. Public Act. 2. The said John Auld may, in his discretion, leave the money arising from the sale of the said property, or any part thereof, in the hands of the purchaser or purchasers thereof, secured by privileged hypothec of bailleur de fonds, or he may take and receive the said purchase or other moneys and, under the direction of the Superior Court for Lower Canada or a Judge thereof, invest the same in hypothecary or other securities, as he may consider most advantageous for the interests of his said minor children; and he may, under the like direction from time to time, alter and vary the nature of the securities in which the moneys so received by him may be invested,—and the annual issues, profits and increase thereof, or so much thereof as in his judgment may be necessary, the said John Auld may apply and expend in the maintenance and education of the said minor children. 3. The laws of Lower Canada, with respect to the duties and liabilities of tutors, shall be applicable to the powers conferred upon the said John Auld by this Act; and the said John Auld shall be held to account for his management and disposition of the said property, in virtue of this Act, in the same manner and subject to the same obligations as he is now bound to do, with respect to the powers as tutor heretofore conferred upon him by law. 4. In case of the death of the said John Auld, or his ceasing to be Tutor as aforesaid, all the powers and liabilities herein conferred and imposed on him shall devolve on and be exercised by his successor or other, the legal representative of the said minor children. 5. This Act shall be deemed a Public Act. CAP. CLXXII. Preamble. Recital of deeds An Act to confirm the settlement made by Charlotte [Assented to 15th August, 1866.] THEREAS by two several Indentures, bearing date respectively the twelfth day of August, one thousand eight of settlement. hundred and fifty-three, and respectively made between Charles William By, gentleman, since deceased, of the one part, and Joseph Edward Fisher, and James Manger Holmes, of the other part, certain lands and hereditaments, situate in the County of Sussex and elsewhere in England and in Bytown, otherwise Ottawa City, and elsewhere in Upper Canada, and particularly described in the same Indentures and respective Schedules thereto, were assured, subject to the life estate therein of Frances Ann By, since deceased, unto and to the use of the said Joseph Edward Fisher and James Manger Holmes, their executors, administrators and assigns for the term of one hundred years, from the date of the same Indentures, if the said Charles William By and Charlotte, his wife, since deceased, or either of them, should so long live, upon the trusts in the same Indenture mentioned, and subject to the same term and the trusts thereof, as to cne undivided moiety or half part of the said lands and hereditaments, to the use of Maria Susannah Holmes, the wife of Henry Holmes, her heirs and assigns; and as to the other undivided moiety or half part thereof, to the use of the said Charlotte Henderson, the wife of Charles Cooper Henderson, the elder, her heirs and assigns; and in the same Indentures were contained (amongst other things) powers for the trustees thereof, to sell and exchange all or any of the said lands and hereditaments, and to invest the moneys received on account of any sales or exchanges, in other real estate to be settled to and upon the like uses and trusts, as that sold or exchanged, and also a power to appoint new Trustees of the same Indentures as occasion should require; and whereas by two several Indentures, bearing date respectively the first day of December, one thousand eight hundred and fifty-five, and respectively made between the said Charles William By and Charlotte, his wife, of the first part; the said Henry Holmes: and Maria Susannah, his wife, and the said Charles Cooper Henderson and Charlotte, his wife, of the second part; and of the said Joseph Edward Fisher and James Manger Holmes, of the third part; Henry Eden Cockayne, of the fourth part, and William Thomas Wade, of the fifth part, the said Henry Eden Cockayne was duly appointed a Trustee of the said two Indentures, respectively dated the twelfth day of August, one thousand eight hundred and fifty-three, in the place of the said Joseph Edward Fisher; and whereas by an Indenture dated the thirty-first day of October, one thousand eight hundred and fifty-six, and made between the said Charles Cooper Henderson and Charlotte, his wife, of the one part, and the said James Manger Holmes and Henry Eden Cockayne, of the other part, after reciting (amongst other things) as hereinbefore recited, it was witnessed that for the consideration therein mentioned, she, the said Charlotte Henderson, with the concurrence of the said Charles Cooper Henderson (testified as there in mentioned), did thereby grant, and the said Charles Cooper Henderson did thereby grant and confirm unto the said James Manger Holmes: and Henry Eden Cockayne and their heirs, all that the undivided part or share to which the said Charlotte Henderson was entitled as aforesaid, of and in the said lands, and hereditaments particularly described in the said two several Indentures,. dated respectively the twelfth day of August, one thousand eight hundred and fifty-three, and the Schedules thereto, and by the same Indentures, assured or expressed or intended so to be, and of, and in their and every of their appurtenances, to hold the same subject as to the entirety of the same hereditaments in England, to the life interest therein of the said Frances 45* Ann Defect in execution according to laws of U. C. Ann By, and subject as to the entirety of all the said hereditaments to the said term of one hundred years, and the trusts thereof, and subject as to the entirety of the said hereditaments in Canada, to a charge made or agreed to be made by a certain deed of the thirty-first day of May, one thousand eight hundred and fifty-six, for securing the repayment to the said Charles Cooper Henderson of the sum of two thousand pounds sterling, being the amount advanced by him for the purchase of the life estate of the said Frances Ann By, as therein before mentioned, and which sum has since been repaid accordingly unto the said James Manger Holmes and Henry Eden Cockayne and their heirs, to such uses, upon and for such trusts, intents and purposes, and with, under and subject to such powers, provisos, and declarations as the said Charlotte Henderson should, notwithstanding any coverture, in manner therein mentioned, appoint, and in default of, and subject to such appointment, to the use of the said Charlotte Henderson and her assigns for her life without impeachment of waste; and after the determination of that estate, if the said Charles Cooper Henderson should be then living, to the use of the said Charles Cooper Henderson and his assigns, during his life without impeachment of waste; and after the decease of the survivor of them, the said Charles Cooper Henderson and Charlotte, his wife, or the sooner determination of the estates thereinbefore limited to them, to the use of all and every the child and children of the said Charlotte Henderson, to be divided between them, if more than one, in equal shares as tenants in common and of the several and respective heirs of all and every such child and children; and whereas the said recited Indenture of Settlement of the thirtyfirst day of October, one thousand eight hundred and fifty-six, was duly executed and acknowledged by the said Charlotte Henderson as required by the law of England, for the purpose of passing the real estate of a married woman situate there, and her said undivided moiety of the said lands and hereditaments in England, was accordingly effectually settled thereby, but the same Indenture was not executed and acknowledged by the said Charlotte Henderson as required by the law of Upper Canada for the purpose of passing the real estate of a married woman situate there, and her said undivided moiety of the said lands and hereditaments in Canada was accordingly not bound thereby; and whereas, the said Charlotte Henderson died on or about the first day of May, one thousand eight hundred and fiftyeight, without having ever exercised or attempted to exercise the said power of appointment so reserved or limited or intended to be reserved or limited to her by the said recited Indenture of Settlement of the thirty-first day of October, one thousand eight hundred and fifty-six as aforesaid; and whereas the said Charlotte Henderson had issue nine children and no more, namely: Charles Cooper Henderson, the younger, John Keate Shepard Henderson, Charlotte Henderson, the younger, Kennett Gregg Henderson, Mary Henderson, Roderick William Henderson, George By Henderson and Henry Cooper Henderson, Henderson, all of whom have attained the age of twenty-one years, (except the said George By Henderson and Henry Cooper Henderson, who are infants of the respective ages of nineteen years and seventeen years or thereabouts), and Robert Henderson who died an infant; and whereas the said Frances Ann By died on or about the second day of November, one thousand eight hundred and sixty-two, and the said Charles William By died on or about the sixteenth day of October, one thousand eight hundred and sixty-four, and the said Charlotte By died on or about the thirtieth day of October, one thousand eight hundred and sixty-four; and whereas the said Charles Cooper Henderson, the elder, Charles Cooper Henderson, the younger, John Keate Shepard Henderson, Charlotte Henderson, the younger, Kennett Gregg Henderson, Mary Henderson and Roderick William Henderson and the said George By Henderson and Henry Cooper Henderson, by the said Charles Cooper Henderson, their father and next friend, and the said Henry Holmes and Maria Susannah, his wife, have, by their petition, represented that it is very desirable and greatly to the advantage of the said infants that the said recited Indenture of Settlement of the thirty-first day of October, one thousand eight hundred and fifty-six, should be confirmed, but that such confirmation cannot be effectually obtained without the authority of Parliament; and whereas the said Petitioners have prayed for the enactments hereinafter contained, which it is expedient to grant : Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: confirmed and 1. The said recited Indenture of Settlement of the thirty- Settlement of first day of October, one thousand eight hundred and fifty-six, 31st Oct., 1856, shall be and the same is hereby confirmed and made as valid made valid. and effectual, to all intents and purposes whatsoever, as if the same had been executed with all the formalities required by law to enable married women to pass real estate in Upper Canada. 2. This Act shall be deemed a Public Act. CAP. CLXXIII. An Act to authorize the Law Society of Upper Canada to admit Hewitt Bernard as a member of the Society and Barrister at Law. [Assented to 15th August, 1866.] Public Act. HEREAS Hewitt Bernard has by his petition repre- Preamble.. sented that he was in the year one thousand eight hundred and forty-six, admitted to practise as an Attorney and Solicitor in the Island of Jamaica, one of the Islands of the West Indies, that he came to Upper Canada in the year one thousand Law Society of U. C. may ad may call him to Bar of U. C. thousand eight hundred and fifty-one, and was admitted to practise as a Solicitor and Attorney in the Courts in Upper Canada, in the year one thousand eight hundred and fifty-six, and that he has been for many years past Chief Clerk of the Crown Law Department of Upper Canada, and in that capacity has had the charge, conduct and management of the Crown Law business of Upper Canada, under the direct supervision of the Law Officers of the Crown, and that he is desirous of being called to the Bar of Upper Canada, and for the reasons aforesaid has prayed that an Act may be passed to enable the Law Society of Upper Canada to place his name on the roll of Members, and to call him to the Bar of Upper Canada; and whereas it is expedient to grant the prayer of the said petition: 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 mit H. Bernard Canada, in their discretion and upon payment of the usual fees as member, and therefor, at any time to place the name of the said Hewitt Bernard the roll of members of the said Society, and to upon call and admit the said Hewitt Bernard to the degree of a Barrister, and to the practice of the law as such, without his compliance with any requirements or provisions of law or of the rules and regulations of the said Society in that behalf, any law, custom or usage to the contrary notwithstanding. Public Act. Preamble. 2. This Act shall be deemed a Public Act. CAP. CLXXIV. An Act to authorize the admission of William Lynn W [Assented to 15th August, 1866.] HEREAS William Lynn Smart has, by his petition, represented that he was in Easter Term, in the year one thousand eight hundred and forty-eight, admitted as an Attorney at Law and Solicitor in Chancery in the English Courts, and in the year one thousand eight hundred and fifty-eight was admitted as an Attorney at Law and Solicitor in Chancery in Upper Canada, and has practised for several years in England and in this country, and that he has been duly admitted a Student-at-Law by the Law Society of Upper Canada, and has kept the four terms required by the rules of the Law Society, and is desirous of being called to the Bar upon passing the usual examination without being required to wait until five years from his admission as a student have expired; and whereas, inasmuch as the said William Lynn Smart has in all other respects complied with the regulations of the Law Society, it is expedient to allow him to be called to the Bar without the usual |