Extension of Act.

Body Politic or Corporate who will sue therefor, in the same manner, and with the like Costs of Suit as if the same were Private Debts due to such Person, or Body Politic or Corporate, and shall be applied, one-half thereof to the use of the Plaintiffs in such Suits respectively, and the remaining half to the use of the Poor of the City of Halifax.

V. This Act shall come into operation on the First Day of May next, and continue in force for One Year, and thence to the end of the then next Session of the General Assembly.

Grand Jury to present a sum for

Weighing Ma

chine.

Direction of Do.

Members may vacate their Scats.

Speaker how to vacate his Seat.

An Act to provide a Weighing Machine, Weights, and
Measures, for the Township of Chester.

(Passed the 28th day of March, A. D. 1850.)

BE it enacted by the Lieutenant-Governor, Council, and Assembly, as follows:
1. The Grand Jury of the County of Lunenburg may present, and the Court of
Sessions may confirm, a sufficient sum to provide for the Township of Chester a proper
Patent Machine for the Weighing of Hay, which shall be placed upon the Market
Square in the Town of Chester, and a Set of Measures, Long, Liquid, and Dry, and
a Set of Brass Weights and Scales, and the Amount shall be Assessed, Levied, and
Collected upon the Township of Chester, in the same manner as other Monies are by
Law Assessed, Levied, and Collected for County purposes.

II. Such Weighing Machine, Measures, and Weights, shall be placed under the direction of a Person to be nominated by the Grand Jury and appointed by the Court of Sessions, which Court shall make Regulations respecting the management thereof.

CAP. XXVIII.

An Act to enable Members of the House of Assembly to Vacate their Seats therein.

(Passed the 28th day of March, A. D. 1850.)

BE it enacted, by the Lieutenant-Governor, Council and Assembly, as follows:

I. Whenever any Member, either of the present or any future House of Assembly; shall desire to vacate his Scat in the House, he may, by a Written Notice of such his desire to the Speaker, state, that he is desirous of being released from his trust and duty as a Member, and to Vacate his Seat in the House, and thereupon his Seat shall be forthwith Vacated, and the Speaker shall make application for a Writ for the Election of a Person to Represent the County or Township for which such Member so vacating his Seat shall have been the Representative, in the place of the Member so vacating his Seat.

11. Whenever the Speaker of the present or any future House of Assembly shall desire to Vacate his Seat in the House, he may, by a Declaration in the House, if then in Session, or otherwise by written notice, of such his desire to any Two Members of the House, state that he is desirous of being relieved from his trust and duty as Speaker and as a Member, and to Vacate his Seat in the House, and thereupon his Seat shall be forthwith vacated, and the House if then in Session, or otherwise the said Two Members, shall make application for a Writ for the Election of a Person to represent the County or Township for which the Speaker was the Representative in his place.

CAP.

CAP. XXIX.

An Act to Incorporate the Trustees of the Masonic
Hall in Halifax.

(Passed the 28th day of March, A. D. 1850.)

WHEREAS His late Majesty King George the Third, by Letters Patent under Preambles.

the Great Seal of this Province, bearing date the Twenty-eighth day of July, in the year of our Lord one thousand seven hundred and ninety-eight, did grant unto Richard Bulkeley, Duncan Clarke, James Clarke, John Bremner, John George Pyke, John Solomon, Daniel Wood, John Boyd, Charles Morris, Junior, John King, William Duffus and Andrew Liddell, the square of Land theretofore occupied by the Main Guard, situate in the southern part of the then Town, being now the City of Halifax, in this Province, which square was abutted and bounded according to a certain Plan to the said Patent annexed, and contained Half an Acre and one Rod, more or less, to Have and to Hold the same under the said Grantees, their Heirs and Assigns forever, subject only to the several restrictions and conditions in the Patent specified, which Grant was duly allowed by His Royal Highness Prince Edward, then LieutenantGeneral commanding His Majesty's forces in this Province. And whereas the Grantees by a Deed or Declaration of Trust under their hands and seals, dated the Eighth day of March in the year of our Lord one thousand seven hundred and ninety-nine, after reciting such Letters Patent and the allowance thereof, and to the effect that the consideration money therefor paid was the proper monies of the several Bodies or Lodges of Free and Accepted Masons in the Town of Halifax, and was paid and advanced by such Lodges in the proportions therein specified, and that the names of them, the Grantees, were inserted in the Patent at the request of and as Trustees for such Lodges, to the intent that the members thereof might have the use of the square of Land and receive the Rents and Profits thereof, according and in proportion to the Shares by the several Lodges contributed for the purchase thereof, did for themselves, their Heirs, Executors, Administrators and Assigns, testify, declare and agree that such purchase money was not the proper monies of them, the Grantees, but was the Funds of the several Lodges therein mentioned, and that the names of them, the Grantees, were made use of in the Patent in trust only, and for the proper use of the members of such Lodges and their successors in all time to come, according to the respective shares by the several Lodges contributed as therein mentioned. And whereas part of such square of Land was shortly thereafter sold, and the remainder being then vested in the said William Duffus, as sole surviving Trustee (the others having departed this life), and it having become necessary to raise on Loan a sum of money for the repair and preservation of the Building thereon erected and known as the Masonic Hall, the said William Duffus, by a certain Indenture of Mortgage bearing date the Thirty-first day of July in the year of our Lord one thousand eight hundred and thirty-eight, did, with the consent and approbation of the several Lodges then interested in the remaining Lands and Premises, testified by the execution of certain officers of such Lodges of a power thereto annexed, Mortgage the same to the now Honorable Alexander Keith, for the sum of Six Hundred Pounds, and interest, which Mortgage is still outstanding and unsatisfied. And whereas the said Alexander Keith, with the consent of the Lodges interested, did, by Indenture bearing date the twentysixth day of June one thousand eight hundred and forty-eight, convey to James Forman, the younger, in Fee, a certain portion of the Lands included in such Mortgage, subject only to certain easements therein. And whereas the said Alexander Keith is now in possession as Mortgagee of the remainder of the Lands included in his Mortgage

Trustees incorporated.

Trustees appointed.

and which remaining Lands and Premises are more particularly described as follows, that is to say: All that Messuage, Tenement and Building known as the Masonic Hall, with the Premises thereto belonging, abutted and bounded as follows, that is to say: Beginning on Barrington Street, at the south-west angle of a certain small Lot of Land lately purchased by James Forman, Junior; from thence to run southerly on Barrington Street and bounding thereon until it meets Salter Street; thence easterly on Salter Street and bounded thereby until it meets the intersection thereof by Granville Street; thence northerly on Granville Street aforesaid until it meets the southern bound of property belonging to John Metzler; thence following the southern lines of Metzler's property, and of said property of James Forman, Junior, until it meets Barrington Street, the place of beginning-being Lots Number Three, Four and Five, in the original plan of division of the square of Land formerly occupied by the Main Guard, and granted by the Letters Patent in this Act herein before recited. Aud whereas the following Lodges of Free and Accepted Masons are now, under and by virtue of the Letters Patent, and Declaration of Trust herein before recited, and in respect of certain advances subsequently made by them towards the erection of such Hall, beneficially interested in such remaining Lands and Premises, subject only to such Mortgage in the Shares and proportions following, that is to say:-The Grand Lodge Eight Shares; the Royal Union Chapter Three Shares; Saint Andrew's Lodge Six Shares; Saint John's Lodge Two Shares, and Virgin Lodge Three Shares-each of such Shares representing Fifty Pounds Currency; and such Four Lodges now exercise control over the Hall, and appoint each one of their Body as Members of a Building Committee, to superintend and manage the same in conjunction with the said Alexander Keith. And whereas in order to the more convenient holding and management of such Lands and Premises, and the said Masonic Hall thereon erected, it is desirable that Trustees thereof should be Incorporated, in manner hereinafter set forth, and it has been made manifest that the same will not in any manner operate injuriously to any private or other rights in such Lands and Premises :

Be it enacted by the Lieutenant-Governor, Council, and Assembly, as follows:

I. The Honorable Alexander Keith, Provincial Grand Master for this Province (as well as for the Province of New Brunswick and the Islands of Newfoundland and Prince Edward,) holding under the Masonic Jurisdiction of the Grand Lodge of England, James Forman, the Younger, Deputy Provincial Grand Master for this Province, holding under the same Jurisdiction, and John Richardson, representing the Royal Union Chapter, and John Woodill, Past Master of Saint Andrew's Lodge, Henry C. D. Twining, Past Master of Saint John's Lodge, and Joseph Whidden, Past Master of Virgin Lodge, and their successors in Office under this Act, are hereby incorporated under the name of "The Trustees of the Masonic Hall in Halifax", and by that name shall have perpetual succession, and may sue and be sued, and have a common Seal, and may take and hold Personal Property, and also Real Estate not exceeding in value at any one time Ten Thousand Pounds, and may Mortgage, Sell, Lease, or otherwise dispose of the same as may be deemed expedient, conformably however in all respects to any trusts under which the same may be held.

II. The Grand Master and Deputy Grand Master of this Province for the time being, holding under the Jurisdiction herein before mentioned, shall always be Members of the Board of Trustees hereby incorporated, but the other Members thereof herein named shall go out of Office on the twenty-seventh day of December next, and the Royal Union Chapter, and Saint Andrew's, Saint John's, and Virgin Lodges, shall respectively at their regular Meeting which shall happen next previous to the Twentyseventh day of December in every year, elect each one of their Members who shall go into Office on the Twenty-seventh day of December then next following, and shall remain in Office for a Year, and form with the Grand Master, and Deputy Grand Master, the Board of Trustees hereby incorporated.

III.

III. Any Trustee going out of Office may be re-elected thereto.

Re-election of Trustees.

IV. If the Chapter, or any of the Lodges shall cease to exist, or shall in any year Existing Trustees if neglect to appoint Trustees, the Corporation shall not be thereby dissolved, or in any way affected; but the remaining Trustees shall constitute the Corporation.

no new ones ap

pointed.

Bye-Laws.

V. The Provincial Grand Master for the time being, shall be President of the Board President &c., and of Trustees, and the Trustes may appoint one of their number as Secretary, and may a'ter and repeal Bye-Laws for their own Government, and for Regulating the manner of transacting their duties, conformably to the provisions of this Act.

vested in the President.

VI. The Land in the Preamble particularly described, and now under Mortgage to Lands and Buildings the Honorable Alexander Keith, together with the Masonic Hall thereon erected, and all Buildings, Easements, and Apurtenances thereto belonging or in anywise appertaining, or therewith heretofore held and enjoyed, are subject to such Mortgage, hereby absolutely vested in the Trustees, and shall be Held, Managed; and Leased by them; in the first place in Trust to pay off and discharge all Principal Monies and Interest due or to become due on such Mortgage or on any other Mortgage which it may be necessary for them to enter into to satisfy the present Mortgage, or which they may execute in accordance with the provisions hereof, and then subject to the direction by vote of Two-thirds of the Members respectively of the Chapter and Lodges holding a majority of the whole Shares, as herein before expressed, present at any Meeting of such Chapter and Lodges respectively, duly summoned for the purpose; and the Trustees are hereby invested with all necessary powers for carrying out the provisions of this Section, but no Lease shall be made hereunder for a longer period than Five Years.

VII. A majority of two-thirds of the Members respectively of the Chapter and Lodges holding a majority of the whole Shares present at a Meeting called in manner in the last Section mentioned, may at any time create new Shares of Fifty Pounds Currency each, which shall be represented and have a voice in the direction of the Trustees in the same manner as Original Shares.

New Shares.

Lodges ceasing to exist to vest in remaining Lodges.

VIII. If the Chapter or any of the Lodges hereinbefore mentioned, or any Lodge The Shares of which may acquire new Shares hereunder, shall cease to exist, the Shares then held by such Chapter, or any such Lodge, shall be vested in the remaining Lodges or Chapter then beneficially interested, in proportion to the Shares by them then respectively held, and be represented accordingly in the direction of the Trustees.

rights.

IX. Nothing herein contained shall affect private rights otherwise than as transfer- Not to affect private ing a legal Estate in the Land and Premises in the Sixth Section mentioned, to the Trustees, for the use of the Parties now beneficially interested therein.

X. The Corporation shall not engage in any Banking or Insurance operations.

Not to engage in Banking operations, &c.

CAP. XXX.

An Act to Incorporate the Trustees of the Evangelical
Lutheran Church at Lunenburg.

(Passed the 28th day of March, A. D. 1850.)

BE it enacted by the Lieutenant-Governor, Council, and Assembly, as follows:

1. The present Elders of the Evangelical Lutheran Church at Lunenburg, that is to say: George Ernst, Jacob Peter Kolp, Henry Schupp, John Schlagenweid, Joseph Selig, Andrew Rhodenhuiser, George Rhodenhuiser, Nicholas Conrad, Henry Ernst, Leonard Beck, Benjamin Wagner, and John Zuic, and their respective Successors in Office, to be elected and chosen according to the Rules of the Church, are hereby

declared

Incorporation of
Trustees.

Land to vest in
Trustees.

Trustees may sell, &c.

Not to affect the

declared the Trustees of the Church, and are hereby created a Body Corporate, and shall have succession forever, by the name of "The Trustees of the Evangelical Lutheran Church in Lunenburg, and by that name may sue and be sued, and may purchase, take, hold and possess, for the use of the Church, Real and Personal Estate, and improve and use the same for the benefit of the Church, according to their best discretion, and the true intent and meaning of the Donors, by whom the same may be given, devised or bequeathed, to the use of the Church.

II. All those Lots or Parcels of Land whereon the Church is now erected, as the same are now occupied and used, with the Church, situate in Lunenburg, as also all that Messuage, Lots of Land and Premises adjoining the Church, as the same are now occupied, possessed and used, as a Parsonage House and Grounds; as also all that Lot of Land, Messuage and Premises, situate in Lunenburg, now in the possession of the family of the late Mrs. Harrison, and a certain Town Lot in Creighton's Division, letter V; as also all that certain Thirty Acre Lot of Land situate on the Pleasant River Road, in the County of Lunenburgh, and near the property of Mr. William Newcomb, with all the Buildings and Appurtenances of the same; and also all other Real Estate in which the Church or Congregation thereof may be interested, howsoever or in whomsoever the legal title of the Church and the pieces and parcels of Land or other Real Estate may be vested are hereby vested in the Trustees, saving however to all tenants and occupiers of the lots, pieces, and parcels of Land herein before mentioned, or any part thereof, their present respective legal rights in and to the same.

III. The Trustees, or any Seven of them, may Sell, Mortgage, Lease the Real Estate herein before described as follows, viz.:-All that Lot of Land, Messuage and Premises situate in Lunenburgh aforesaid, now in the possession of the family of the late Mrs. Harrison, and all that certain Thirty acre Lot of Land situate on the Pleasant River Road in the County of Lunenburg, and near the property of William Newcomb, or the Goods, Chattles, Moneys or Effects of the Church, held by the Trustees for the use of the Church, in such manner and for such purposes as by the Congregation by any rule or regulation, or by any resolution passed at a meeting of the Congregation to be called and held in conformity with the rules from time to time in force for the government of the Congregation may be directed; but whenever any Sale, Mortgage or Lease of the Real Estate in this Section mentioned shall be intended to be proposed to any meeting of the Congregation, Thirty days public notice thereof shall be given in the Church on some Sabbath Day immediately after Divine Service, and no such Sale, Mortgage, or Lease shall be valid unless sanctioned by a majority of such meeting of the Congregation, and a declaration that such majority have given such sanction entered on the Minutes of the Meeting shall be prima facie evidence of the fact.

IV. Nothing herein contained shall be construed to interfere with, alter or affect rights of Her Ma- the rights of Her Majesty, or of any Body Corporate, or private individual.

jesty, &c.

Fees of Marriage
Court.

CAP. XXXI.

An Act to regulate the Fees to be taken in the Court of
Marriage and Divorce.

(Passed the 28th day of March, A. D. 1850.)

BE it enacted by the Lieutenant-Governor, Council and Assembly, as follows:

I. The Fees to be hereafter received by the Governor, Vice President, and Judges of the Court of Marriage and Divorce, shall be One Pound each for each day they may

hold