IMAGE EVALUATION TEST TARGET (MT-3) // 7/// /, - {f^\/4i i< I/a V. V] m "c-: e- ^A, ' v> < 14X 18X 22X 26X 30X 12X 16X 20X 24X 28X 32X re letails es du Tiodifier BT une ilmage )S trrata to pelure, n a s. 32X Th« copy filmed h«r« has bMn reproducad thanks to tha ganarosity of: Seminary of Quebec Library Tha imagas appearing hara ara tha bast quality possible considering the condition and legibility of the original copy and in keeping with the filming contract specificationa. Original copies in printed paper covers are filmed beginning with the front cover and ending on the last page with a printed or illustratad impres- sion, or the back cover when appropriate. All other original copiaa are filmed beginning on the first page with a printed or illustrated imprea- sion, and ending on tha laat page with a printed or illustrated impression. The last recorded frame on each microfiche shall contain the symbol —^(meaning "CON- TINUED"), or tha symbol V (meaning "END"), whichever appliaa. 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Authority of an Act of the Parliament of Gke„ B«,C VJ', .n the Th,rty.r.rst Year of the Reign of Our Sovereign LoJg.oZ r^lZ' ^ f .K "^. Act to ne,eai certain part, of an Act ^d uTT^^T^^T;, « Itn Majesty ,Re,gn, ,nt.tuled. An Act fir ,nMng nor. Effectual Provi.lolf ,T " Government of the Province ./ Oufbec in \'„f.„ a Provtmn for thf. " 'yrProvl.if^thenoverJte^;^::::^^::^'^^' """ "'°''>^- YORK: AXDMEtrrE..AKTCENEKALCOMMA.S-DrM0^'nA?rT • '^'^"^''^'^^ "^ ^^^^^ CANADA, F-C LU^: -afig«-.u,?-»"y: . ja-.^'asp^MMBasBS'sa.'; Tr I' r T ?< I * '■ !\ >% . . .-y M am amt fui; the up, pro prei the ihc H «\ T H E [A. D. 1-52, STATUTES OF HIS MAJESTY'S PROVINCE OF a. Ci-OOOOOOi PafTedm .he .„(l Scm„„ of the Bril Provincial Pariiame« of Upper C. nada „,c, a. Nrajjara on the Scven.ccnA day of Sep^^beMl The r uy-Iccondycar of .he Reign of out Sovereign L^d G.ok " fe ,, rh..d, and Prorogued on .he fif.ce„.h day of Oatber foUowi^™ %^TTx, ^ ""^ EXCELLENCY _^J OHN CRAVES SIMCOE E sg^^^^^u ^„,„ Cov,..o,,. CHAP.' I, ' ' • ." amlloiuroiuu the KngU/h Lm «i «.dly, intended for thfe rc5JZoda/ion?/u-^'x!?^T8™^"'f^"y rubjed. : And ^vhereas, -ftnce the pSfofthe A/-I 'r^ 'he late Province of Quebec, Jw SrrL'.tl :^^^ .^["''"'^'^vthat part of Upper-Cunada, having^ beconri^h^h^.^J'^ .T"*!'" '^^ Province of ' '* boan^audeducLd m^ountrSrwhere tt Ifw "^T'"^ ^^ ^''^^^ ^^bjeas, ' vho are unac.ulto..ed to u" la Js of cS ^rT. 1'" '^f'^'^^ «"^ provilion afortfaid contained in Uic faid fS' r '"^"^P^^'ent that the . tl'c King', molt excellent MajefL, b^and ith !h 7^" « enaded, by the Le,.native Council and iff/nib?; of the^'p^'i'Sof S^/^C^.'::/ . conftituted 4 C. t. In thi thirty fecond year c/ George thi Third. A. D, ij()z, Firji Sefior^ ■ I, I pCiiir J in f} fur 3S it COIlititUtL'3 the laws of Ci- cada a rule of decifion, in maticrs of con. trovetfy, reU-, tive ti) projicrty an J civil riuK:s. conftitulcd and a(!cinblcd by virtue of and under the authority of an Aft paflcd in the Parliament of Great Britain^ intituled, "An Act to repeal ♦« certain parts of an Act palfed in the fourteenth year of His Majelty's " Reign, intituled, ** An A6t for making more eHedual provifion lor the " Government of the Province of Qiubec^ in North-America^ and to maks " further provilion for the Government of the laid Province," and by The fame re- the authority of the fame, " Thai from and after the paffing of tliis At^, the faid provilion contained in the faid A(t of the fourteenth year of his pre- lent Majefty, be, and the fame is hereby repealed; and the authority oP the faid Laws of Canada^ and every part thereof, as forming a rule of decilion in all matters of controverfy relative to property and civil rights,. fhall be annulled, made void and abolifhed, throiv^hout this Province, and that the .faid Laws, nor any part, thereof as fuch, fhall be of any force *' or authority within the laid Province, nor binding oa any of the inhubi- »* «tantsthereofV'' ' n. Provided alxvay'i and le it EnaSed by the AiUhorky aforefaid^ That nOthin{5 in tbis Atl Ihall extend to extinguifh, releafe or difcharge, or other- wile to attest any cxiiling right, lawful claim or incumbrance, to and upon any lands, tenements or hereditaments within the faid Proviiice, or to refcind or vacate, cr otherwife to att'eM any contrarit or fccurity already made and executed conformably to the ulagcs prefcribed by the faid Laws of Canada. II*. And he it further Enacled by the Authority aforefaid^ That froaran(f after the palling of thi^j Att, in all matters of controverfy relative to pro- perty and civil rights, rcfort (hall be had to the Laws of England as the rule for the decilion of the fame. ,IV. Provided alzvays^ and be it Enabled by the AiUhority aforejaid, That nothing in this Atl Ihall extend, or be conllrued to extend, to repeal or vary any of the ordinances made and palfed by the Governor and Legillk* tive Council of the Province of Qjiebec^ previous to the divilion of the fame into the Provinces of Upper and Low.r Canada, otlierwifo than a» they are neceliarily. varied by the provilions herein meutioned. V. And be it further EnaH^d by the Authority aforefaidy That all matters relative to teftimony and legal prooi' in the inveftigation of fed, and the forms thereof, in the feveral Courts of Law and Equity within this Pro- vince, be regulitted by the rules of evidence eftabiilhed in England. - • VI. Provided always, and be it EnaHed by ike Authority aforefaidy That nothing in this AQ contained, fhall vary, or interfere or be conftrued to vary or interfere with any of thefubliiting provilions re fpetUog eccleliaftical righti or dues within this Province, or with the forma of proceeding incivil aCtioiis,or the jurifdiftion of the Courts already cftablifhed, or to introduce anyofthe Laws of England refpeding the maintenance of the poor> or lefpefcling bankrupts. Without affcft. ing cljima on real property or contrii^j or i'e- curities already MCCUUi. The laws of England to be kf.ngjrforth the fuie of iiecl.io:i. But the ordt' »anccs of the IProvince of ftUebec are no furthL-r repeal- ed than as by this 3tX they are necelfarily va. ricd. Ithe rules of e- tiJencetobere. t litri. CHAP. IK Firj} Parliament. C. 2-3. Inihc Thirty.fecond y,,r 0/ G<:cr be determin- ed by ths ver. didt of i2juror> conformably to the law & cuf- tomofEo|laadk Who may bring, in a iptiial Tcf' i",lif, ima{\irc or yard, wiicrcbv nny com, -T.iiii, or other :iiiii;r is bought or I'old, fh.ill loilcit for cvctv o(!cmcc 'rv-./'poiindj. Qiubec cnvwucy, k'iir; thoiQC)!" cmtA ict'.'d lielorc any tvo (uiliccs of tiie I'cacv,-. to be levied !>y dillre^^ and liilc of tji- olFciiders g"o'd,» one half of \\\\k\\ i)o.iialt.y lliall bt; paid u> the informer or informers, and the othc-r half to his Majclly, his Ik-irs and Sucxclfors, for the public nfe of the faid Pio- viiKre, and towards the- fnpport of the Government thercoT. .' II. And be itfurlhn- Enaa,'d by the Authority aforcfaid^lhsa from and after tiie day above-incntioiK-d, there fhall he appointed certain jndidouji pcrlons in every Didiift tiuouMhont thi.s Province, b\ the MagiAraics in i^iiartcr S:fhons alleniblc d, in and for fuch Diflricl, to afcertajn the bu/hel half bulhel, or other meafure by wliich Grain or other dry articles fiiall be boMglu or lold, and who Ihall mark and ieal fuch bufbei, iialf bufhej or other mealure, with the letters and iigures G. III. li. and receive for' the lame the hnn of iourpeneo Quebec currency, without which letters and fi- gnres, no mealure for grain or other dry articles fhall be uled for the pur- poles aforelaid, under the [)enalty abo\e-memioned. III. ProviJcd akuays, That this Aa, and the provifions and penalties Uicrcm contained, Ihall not e.Ktend, or be conftrucd to extend to the Weft (frn Didnd in tins Province, until the twentv-lifth d;.y of October, which will be m the year oi oar Lord One Thoulknd iieven Hundred and Ninctv- i luce. ' CHAP. IV. Jn A'CT to AboUJJithc Summary Proceedings of the Courts of Common Pkas, in Aciions under Ten Pounds Sterling. r^y^hJ r'^^rrf' '^^ 'f'f'^^''^'' of the Trial by Jury ^thinate^iallvak tered the Con(htut^on of the Courts of Cortimdn Pleas, hcld'for'the f riaV of caules under the value of I'en Pounds fterling, fo that tHtir times of fit. tii^ig and forms of proccfs mull become manifefUy inconvt^mient^JJe it en .■Uted by the King's moft cxceliem Maielty, by and with the-advicc knd Ln Ipntot the Leg.l lative Council and Aflembly of the Province Wf^tT-Mcr Ca nMa, conllituicd and alfem bled by virtue of and under the anthorify of an m palled m the Parliament of Great Britain, intituled, « An Att to 're ^ peal certain parts of an Atl paffed in the fourteenth 3TaT' of^Hls Maieftv's'- Re.g«, intituled « An A6t for making mor^ efFeduab^provifionChe ■ Gavevament of the Province of Quebec, in Notim America, zn^ to \n^k€ furthqr pro^•,i,on for the Government of the faid Province," and by the authority of the fame. That from and after the pafling of th s Aa,^ all ':r.r,t:^ ^^ f-V '' """'i" value the fum of P^rty Shillings, Q^eZ ^, qurrency, fhall be commenced and proceeded in, at the fame times' and in --^-iKr '"'""''' '' '' '^^''^ f«r the Trial of caufes above Tea Pouud»^ ^*^^ CHAP. V. When fills MX ^ommuiices in tlie WVilfra ©illri(ft. '"tSf»«i»»', Rrtamblc. 40! ftrjl Parliament. C. 5-6. fn th Thirty. . f .coni y tar 0/ C.or^, th TM. A. D. , 791 CHAP. V. w. An ACT io Prntnt Accidtnh by Fire in this Province. HKRLAS, the IiThabitants of the Province of [Uprr Canada are r"»--*J able o rcccvc Rrcat injura-s In.m accalcntal !• ucs tluu JyU^^Zl.^^u, Be u tlRTcfurc ena led by the King's molt c.xcclK-nt Majc K, bV a, 1 the adv.ccand conicnl of the Lcgillativc Council and Al cin'h v ^,f t lc P o Vinceof Uppn- Canada, conllituted and allanblcd bv v.ruic oF and u u ler he authomy of an Act palled ,n the Parlianu-n. of Grrat ZJ,/.." / u. d H? M i. '•"^T "■'"'" P'"r^ '" Ad palled in the lonrtce mh y ar^^ H. MajdlvsRe.gn, inu.uled, « An Aafor.nalun^nmreelicclui no ■ihon lor the Governn.ent of the Province of ^ud.el u. No^.Amc^^ 'and to make urtner prov.hou for the (iovernn.ent of the fu.d Pnnj c •• and by the authority oi tl^e lame, That from and after the In I d ot Novanber, in the year of our Lord One Thoufand Seven Huhcd'a.^ .Niuety-l wo, u Iha 1 and may be lawiui for .he Magillrates of e eh a d 'x ryDdtnc m this Province m Ouarter Selhons allembied, to mal e f, ch o.ders and rcgulattons lor the prevention of aeculental fne. within he fa ne as to them fuall lecm meet and necelfary, and to appoint Firc-Men or X,' Olheers for the prevention of aeeidenial Fire., or for the purpofc .f ex / JZunhin" the laine. u- im (,,1, i... . . 1"'^;^'^^'' cMui gUJlhin^ the lame, when fuch may happen- and to mal c^ f... I . ] ,'"' '""'"! regulations as to them mav l^.m (i/.,.. .,S' ..'""''*.. ^ '""'^ '/ .^^^^'* •«"*! "T'"-'"' ", , 1 ■' ,' — "/ ""!' --v-" i ciiiu 10 nia ue luei orders ■.uu\ regulations as to then, n.ay leem lit or necedary, in ai.y Town or Towns o other place or places, n. each Diftrul witlun this Province, whe e Iuk- ma be^^rty btorcHoules and Dwelling-llouies wuhn, the i^^^cc ul half ami: CHAP. VI. '.''iJfiL'r.Sellioiu iiiaku rtjjuUli. ; oiii 10 prevent J' -iJi-llMl Klfl, wlcii; ,y, (lore .in J Jwcliiiij tfJ wiihin lialf mile i'^uirc, W^^' Wn. An ACTJor the more Eajy and Speedy Recovery of Small Dthh. ni' f!,i. p^^^^'^^' H vv.ll contribute to the convenienry of the InhablLants ^-■''"■•'' iLhu ulT'"\''' '^'^ 'l'"'^ ""'' fpccdy methcKl ol- recoverin' f a Debts, Be u enacted by the King's molt e.Hcelient Majcltv, b^' and vuh the of /rr/""^'"'°^ Jhel.egiflative Council and AotinbU c/f th V W^ ■ • of upper Canada, conltituted and allembied by virtue of 'nd nnd-rlh^'' t orny o a^ Aa pa„ed m the Parliament of ^^^i; t.^ ' 1 d" le •(• / v'^'o"' "lOLuicu, An .Act lor makai'^ uioie ffr(c4ii-.r provihon fi,r the Government of the Province of QuSTin Y^ PrinS""^l7"'^f ^""'^r'^^'^'""" ^^ the (iovei^uien 'o^ t^tui Province and by the authority of the fame, That from and after 1 . pafl.ngol th,sAc> it Ihall and maj be lawful for .ny two o nL Jftice of he Peace actmg under and by virtue of His Maj^lh 's c" „ uu hi, w h m the rcfpei; iv^ hmus of their laid commi/Iion., to alllmblc Tit a ^lu M a Court of Jultice, to be called a Court of Rec uells on tl e'h ft uu\ \ Saturday ., every mo«th, at Ibme fixed place iuhln :^a r^p^cU;' Ibv' lion.j ■• * Two or rrcre julHces m...y l»oiJ a f'ourt of __ KfljUClts Ol.illi 111 i.ia.Saiur- '!ay of evury • inontli, witliin their rclj;ect;v; r I if r Debtors, or i)y fervicc of the fame on the perfon of fuch Debtor, to appcaf before the juftices of tlie faid Court; and that the faid juflices Ihall, after fuch fvimnionsas afbiefaid, have full power and authority, by virtue of this At\, to make, or caufe to he made, fitch Atls, Orders, Decrees, Judgracntff and Proceedings between fuch Plaintiff, and his, her or their Debtor's Dc- ii*ndants, touching fuch Debts not exceeding the fum of I'orty Shillin;;s, QiM&c currency, in quelUon before thein, as they fliall find confident with equity and good confcience, and all fuch Atts, Orders, Decrees, judg- ments and Proceedings, fhall be entered in a Book to be kept for thai pur- pose. III. And, for the more due and regular proceeding in the faid Courts it is hereby further cnatled, That it fhali and may be lawful forihe faid juf- tlccs to adminilter an Oath to the Plaintiff or Defendant, as well as to iuch Witnefs orWitnelfesasihall be produced by each party, and alfo to all the Officers of the faid Court, wbe« the faid juflices ihaJl tliiirk it nxeet. IV. And be it further EnaBed by the Authority aforefaid^ That in cafe any perfon or perfons ftiall make Oath or give Evidence, in any caufe depending befbre the faid Juflices in the faid Court, whereby he or they fhall commit wilful or corrupt perjury, and thereof be duly convi6led according to Law, that fuch perfon or perfons fliall fuffer the pains and penalties inflifted on wilful and corrupt perjury, by the Statute pafl'cd in the fifth year of tjie Reign o^ (2ueen Elizabeth. V. And be itjurtlier EnaBed by the AiUhority ajorcjaid. That no perfon oT perfons fhall be capable of ading as a CommiHiwner or Conuuilhoners in the execution tn matters not CKeedillg 40:1. Summons. Illdgment. WiAsoti, May admhiiftfr »no.itlitoeitlier party & lo their Perjury punifh- ed a< by 5 Hiiz. CommiiT.ontrs iirjl iia/hariieitf. C. 6-7. Jn the 'flui^ly fecond year (*/G(9>-£etke. Tkind, \, D» i;^. execution of the power >;ivcn by thi> Act, until futli time aa he or ihcy (hall rcipcclively havcUikeaanOath, to thccilctl luUuwiuy ;— " /A. B. do Swear^ that J xvill faithfully, impnrlialty and horxfjlly^ ac- " cording to the brjl of my jttJgvieiU, hear and Jeicnntne fuch matlen and things " as ffiaU k brought bejore >«<•, by virtue of an Att of tht Lrgtflature of ihis " Provtnte, mtiluled, " An Atl lor tlu; more caly iiiid ipcttly recovery of <• fmall Debts" ■without Javor or ajfeaion to either ro7ty~—-^^iiO IIJ< LP " MK GOD." "^ VI. ^/Jt/ 6e it further Ena^ed by the Authority afore/aid^ That the feverat fees and fuins of money herein after limited and cxprcHed, and no more, Ihall and may be taken — for every Summons, fix-pento ; for every J udg, rpent, two lliillin<;> ; for every Execution, two ihilhngs; for every Sub- pQ-Mia, hx-pence; for every Copy of judgment, if demanded, one fhiU lini»^;-~tne allowance to be paid to all and every of the Witnclfes, to be left to the difcreiion of the Jidlices, but not to exceed two fhillings and hx- pence per day to each Witnefs ;— and for Icrving every Sum-nons or Sub. preiia, wiihm one mile of the JuOices' huule, one (hilling ; and for every mile II) travelliiii]; to execute tlic (iinie, when the diUance exceeds one mile, tour-pence > for fcrviii^ Writ of Execution, (eizing and (cliing etlccts, and ' 0a6, lt» Fcei. making return, two Ihiiliims. CHAP. VII. Wu: An ACT to Regulate the Toll to he taken in MitU. f^^'^E'^S* " IS. ox^H'di6nt to afccrtain and determine the quamify,of '''etwkie. • Gram to be taken by w.y of Toll, for grimhn;^ the (aid Grain into Flou# aiidholtin- tbef:nnc, , mid aiicjc js^ ailicient cultoms have obtaine(*withit* thelcveral J)iltii(.tsof ihu, riovuicc, Beit therefore enafcted by the Kind's rnoft excellent Majefly, l.y ...d with the advice and confcnt of the Lesiffa. tivo Council and AfleutiMy of the Province of Upper Canada, conftuuted and aflcmbled by urtuc of and under the authority of an Att, pa/fed in the Parliamcm ol Great Britain, intituled, « An Atl to repeal certain parts of ^ ' r an Ad palkd m the fourteenth ) car of His Majdly's Reign, imitulcd*, ' An Act for making more effectual provihon for the Government of tht' Province of Q^uthec, m NoHh- America, and to make further provihon •■ for the Governmem of the faid Province," and by the authorttv of the fame, 1 hat from and after the firfl day of January, in the year of ouf Lord »^-«-*'.' pro. «ne Fboutand bcvat Hundred itnd Nineiy-Three', no owner or occuoier ["'";""'''!.'** or mv,pers or occupiers of any Mill or Mill, within this Province, or any ^^^»^^^^t^ perlon employed by him or Uaeni, (hall demand, takco*- receive any ouan *^»*'«*"'*' 4.ty or proportion of Grain, brought to him or them to be ground and bohed^ greater thau one twelfth iiwre or part ior gkunding m^ bolting fuch Graii,. li. And l>e It further EnaBed hy t^ Authority aforefaii, That any owner . OK occupier. Of o^k^ners or occuj>icrs of a Mill o, MilJs within the (aid Pro- ^ ■ ^aiwf, ... . . ,,. I , I ~— «' ■ ■ •«--.. IV,, ii Bags muft be marked. i,1 i§ ■ C,f -9. In tht Thirty fecond^etr of George the Third. A, D. 1792. Firjl Se^gt vince, or any perfon emplo)'ed by him or tlicm, who (hall demand and take after the day and year above mentioned, any quantity or proportion of < Grain, greater than one twelfth (liare or part of fuch Grain as aforefaid,lhall Fenaity, for cvcry fuch otfencc, forfeit and pay the fum of Ten Pounds, Quebec cuy- rency, one moiety thereof to his Majefty, his Heirs and Succeflbis, for the how levMdaoJ public ufcs of the faid Province, and the lupport of the Government there- »ifi)e(J. ofj and the other moiety of the laid fum to any perfon who (hall fue for the fame, in any ^f His Majelly's Courts of Record within this Province. III. And whereas, much inconvenience and confulion has arifen from the cuftom of bringing bags of Grain without any diltinguilliing mark to ^.vhom the faid bags of Grain belong, Be it enaded by the uut'iority afore- ^ faid, that no owner or occupier of any Mill fliall be bound to receive, cm- ' be chcrgeable with the lofs of any bag or bags of Grain or Flour, unicfs the fame be marked with the initial letters of the chrittiar and lirnameof the •-• ner of the faid Grain, or whU fome mark dillinj^uilhing the laid bag or jw'hich mark of diitindion fliall be previouily commuuicatcu and "a" known to the faid owner or occupier, or his fervani ufually atiendm^ I .. .aid iMill. CHAP. vi:i. An ACT for Milding a Gaol and Couri-N'i'J'' in every^ DiJ}rirt zvii/iin this. Province^ and for altering the Niifn-i oj the faid DiJiriBi. Prtambie. VV HEREAS, great inconveniences have been fuffercd by the Inhabi- tants of this Province, from the want of Prifons and Court-Houfes in the feveral Diftri£ts thereof, J>nd whereas fuch buildings are manifellly necellar)' for the regular adminiftration of jufticc, and the dueexecution of the Laws, Pi' it enaded by the King's mull excellent Majefty, by and with the advice and confent of the Legillativv Council and Aifembly of the Province of Upper Canada^ coallituted and alfemblcd by virtue of and under the authority of an Atl paiTed in the Parliament of Greai Britain^ intituled, " An Act to ■" repeal certain parts of an Act palled in the fourteenth year of his Majef! **• ty's Reign, intituled, " An Act for making more effectual provihon i'oi' " the Government of the Province of Quebec, in Norlh-Avierica, and to *' make further provilion for the Government of the faid Province," and A gaol ana by the authority of the fame. That a Gaol and Court-Houfe fliall be erect- court i.oafe to . • mauncr herein after to be mcniioned, in each and every Diftrict throuah- ba built m Cich *-" • , ,• • i »» • ' ■ -■ " ' diftrift. out the laid Province. ft. And be it EnaSed by the- Authority afdrefaid, That from and after the pafling of this Act, the name of the Diftrict at prefent known by the name of the Diftrict of Lunenburgh, and bounded as in a certain Proclamation ilfued by his Excellency Guy Lord Dorche/ler, in the twenty-eighth year of his Maicfty's Reign, is defcribed, ihall ceafe, and that the laid Diftrict fliall hereafter, in all public proceedings, be called and known by the name of the- EASTERN Diftrict. g. And he it further EnaBed by the Auteority aforefaid^ That from and after tlie The diftrin of lonenburgh lo he hencefoith called the Eaft- •rn PulriO, 'The diftrift «{ FirJlParnament. C.B.Jn iheJhiHjfcconJjyear j/Gcoj-^e the T\irl A. D, 1793. ^ the paffing of this Act, the name of the Diftrict at prefent known by the Nf«kienburgh Jiame ot the Diltnct ol Mecdmburgh, and bounded as in a certain' Pir>«r.>tV, That from and after t,. mri^ ^ the pa(rng of Ins Act, rhc name of the Diftrict at prefent known by the l^f% '? ^= munc ot thei3.ftnctot //#, and bounded as in a certain Proclamation if! .eT^^'eft^^' ued by his Excellency Guy Lord Dorchcjhr, in the twenty-eighth year of '"^"^- -■ h.s Mdjofty s Re.gn, ,s delcribed, (hall ceate, and that the -faid Diftrict fliall d" wSxERN^Sr"''"'^' '' ""'' '"' '"""" ''^ ^^^'^ "^'"^ -^ 6. Provided crhuays, and it is hereby EnaUed, That fuch alteration of the Thames of the fa.d fevcral Diftricts, Ihall not impeach, or be conftrued to impeach the validity of any exilting commiirion, granted for the exercife of any a.ithority or jurilUiction within the limits of the laid diftricts, or an^of . them, by the names herein before mentioned, or to, make void any legal or other proceeding, had under and by virtue of the laid commiilions, or odier- wiic to attcct the taid comnultions in ,,;,) rolp.xt whatever. 7- And for the better c.Tectuating the- building the faid Gaol and Court- Houfc in each of the (aid Diftncts, Be ■: l.,:i.r Enatied by the AMy ajorejaid, and it is hereby Enacted, That ..i,c ! ..U^ of the Peace wuhin the 4larih?n h''' ^ '^''' comnuH.on., at th.e j;-. neral Quarter Seflions aflem. bled, Ihall be authorized, and they are hereby authorized, by' fuch means as maH to them feemmoft fitting an: convenient, to procure different plans andelevationsof aGaolandCourt-iloufe, to be laid before them IV the purpofe of le ecting and determining upon one of the faid plans and eleva- •lions, which /hal be approved o'- by the greater part of the laid lufticesthen and there. affembled as aforcfaid. ' ^ ^ "' J unices men mav hifJr t/""^^'"" ^''''^"^ ^■>' ^^'' ^""^^'"'^y '^forefidd, That it 'fhtn:„nd "^ '» ""tr.a DHtric r /o '^^"^"''^ ^"^ «" 'he behalf of the Inhabitants of the lijvcral «'^^-^' ^ t^c w uh T' ^""^ '^'>' ^'" ^'^''^y ^"^'^'^d a"^' authorised to con *. a^d Co n H^ P^^"" ^^ •^''■^■^"•^ ''^"' "^^" ^'^ ^'^'•"S to build the faki Gaol • '^ a Icuc or fituation to he determined upon,by the laid Juftice., or the greater MagirtraCes in Charter Selfion? to procure di' ferent plans anij elevations of a , gaol and court houff , & to jp. prove of one, 'I'X \ ' ft; I ''Jl Is ikSM Public notice laing given for Mceiviug pro- ful'als, and th« f*mt cxaniiocd, the loweli Ihall 1e accc]iUii,pra> billed tlie fecu- liiy ba fuiiici' ent. Wlien to be completed. . Where to be built in the Ea- ■fterii diftridt. «4 C. 8. In the thirty fecondyear^f George the Thiri. A. ID. 179a. Ft rji Sejjton part of them, fo aflembled as aforefaid, and for that purpofc, the faid plan and elevation ihail remain and continue in the otiice of the Clerk of the Peace of the faid Icveral Diltncts, for general inlpeciion, and public notice ihall be given to all pcrA»ns willing to contract for the building of the faid Gaol and Court-Hou1e, to deliver in, within a certain limited time, written propofals or offers, under feal, of the fum of money for which he or they ^ will engage to build fuch Gaol or Court-Hwife, conformably to certain arti- cles and conditions, to be agreed upon by the Juftices t+ien piefent, or the greater part of them as aforefaid; aJid that the laid Juftices fliall, on a day for that purpofc previoufiy to be fixed, openly examine the faid propofals fo delivered in as aforefaid, and fhall be empowered and are liereby rcquir ed, to contrafcl with fuch perlbn or perfons as Ihall otter to 'undertake and perform the faid buildings for the loweft price, provided the pcrfon or per- fons making fuch propofals, fhall give and enter into good and fuftiticnt fe- ciirity, to be approved of by the laid Juilices, or the greater part of them, in manner aforefaid, for the due perfonuance of their contract. 9. Provided always, That it be an article within the faid contract, and the perfon or perfons fo contracting Ihall engage, that the laid Gaol and Court- Houli: (hall be completed wuhui eighteen calendar months after the execu- tion of the faid contract. 10. And be it Jitrthcr Enacted by fhf Authority aforefaid, That a Gaol and Court-Houfe for the Eajttrn Diltrict, Ihall be built in manner aforefaid, in the Town of Ncw-Joliiijiown, in the Towdlhip of Edwardjhurgh. 11. And be it further Enabled by the Authority aforefaid. That a Gaol and Court-Houfe for the Midland Diitrict, Ihall bc'buik in manner aforelaid, in the Town of Kingjion. 12. And be it further Enacted by the Authority aforefaid, That a Gaol and Court Houfe for the Home Dillnct, fiiall be built in manner aforefaid, in the Town of Newark. Kik."^''*"" 13- And be it furthsr Enacted by the Authority aforefaid, That a Gaol and * Court-Houfe for the Wcjlern Didrict, fliall be built in manner aforefaid, m near to the prefent Court-Houfe as conveniendy may be. 14. And be it further Enacted by the Authority aforefaid, That in each and every Diltrict, the Sheriff thereof ihall have power and authority, to nomi- nate and appoint fuch perfon as he ihall judge molt proper, to the office of Gaoler and Keeper of the Gaol and Gourt-Houfe, and alfo to remove and difchj^ge fuch Gaoler and Keeper. 15. Provided always. That no Licence fhall be granted for Retailing any Spirituous Liquors within any of the faid Gaols or Prifons, and if any Gaoler, Keeper or Ollicer of any Gaol or Priibn, fliall tell, lend, ufe, or give-away, or knowingly permit, or futtcr any Spirituous Liquors or ftrong •Waters, to be fold, uled, lent, or given away, in fuch Gaol or Prifon, or brought into the fame, other than except fuch Spirituous Liquors or itrong mtitersj as ihall be prefcnbcd or given by the prefcri^tion and direction of a ^' ■ • . te^uiaf in the Midland 'Sr\ the Home diatiit. Sherift' to ap- yiiiut the Gaol. ,''V« liceitce to be granted tor re- tailing fjiiriiu- OVt liquors wilh- miiich gaoh. Ij ^irjl Parliament. C. 8. In the thirty Jecor\fi ytar of George the Third. A. D. 1792. 1 "^ *0' Penalty fc! jfe conJ trai.fgref. iion. Tegular Phyfician, Surgeon, or Apothecary ; every fuch Gajler, Keeper, or Other Officer, ihall for ev.ery fuch offenc^j lorleit and lolc tiie lum of" Twcdty ^"I'ty o" ?»•-. Pounds, current money of this Province, one inoiety thereof to his Majei: ll'aarr'iic'e'? ty, his Hefrs and Succeflors, for the public i*;! 'of hereby authorized and empowered, to afcertain and appoint a reafonable fue [" or' im"'fi* yearly falary, according to their difcretion, to be paid to the Gaoler, and that '^linZC^^^.- the laid lalary Ihall be in place of all fees, perquifites, or impolitions of any Ibrt or kind whatever, and that it Ihal! not be lawful for the faid Gaoler, or any Othcer belonging to the faid Gaol,, to demand or receive any fee, per- quifite or other payment, from any Pnfoner wKo^a-y be confined withia a^yof the faid Gaols or Prifoiis. IK\ \^. H rreamfcle- [J. D. 1793. Second Sefon. T H E STATUTES OF HIS MAJESTY'S PROVINCE OF Upper.Canada. iOOOCJK^Oc PafTed in the fecond SefTion of the firft Provincial Parliament of Upper Ga- nada, met at Niagara on the Thirty-firlt day of May, in the Thir- ty-third year of the Reign of our Sovereign Lord, George thfi Third, and Prorogued on the ninth day of July following. CHAP. I. w An AC'Y for Ihs better Rciguldtion of the Militia in tali Province. HEREAS, the eftabliniment of a refpeaable Militia, unu.:r proper Olhcers, is ellentiai for the protection and defence of the ]'iovince, Be it therefore enaded by ^e King's moft excellent Majelly, by aua with the ad- vice and conient of the Legidativ.- Council and Alfembly of the Province of Upper-Canada, conftituted and adembled by virtue of and under the authority of an Aol palFed in the Parliament of Great Britain, intituled, " An Ad to repeal certain parts of an Afct pailcd in the fourteenth year of " His Majefty's Reign, intituled, " An Ad for making more cfledual pro- " vifion for the Govern.nent of the Province of Q^iebec, iu North- America, " and to make further provilion for the Government of the faid Province," and by the authority of the fame. That from and after the palling of this • Ad, an Ordinance of the Province of Q^iuhec, paded in the feventeenth rfgubdnrtt ycarof His Majefty's Reign, intituled, " An Ordinance for regulating the n:iutia repeiU " Militia of the Provincc ot Qaet'ec, and rendering it of more general util- ei. ^ _ tt ity towards the prefervation and fecurity thereof," fhall be repealed, and the fame is hereby repealed accordingly. And be it enaded by the autho- riry aforefaid, That the Governor, Lieutenant Governor, or Perlon Admi- tieutsntnts of uiltcring the Government of this Province, (hall and may from time to time, Somte^.'° *" c^nl^itnte and appf)int a Lieutenant in each and every County and Riding thereof, who liiail have full power and authority, and is hereby required, to call together, arm ai^d array, and caufe to be 'trained and exercifed, luch perfons, in fuch manner as herein after direded, once in every year; and the faid Lieutenants fevcrally, fhall from time to time, condjtute and ap- *# joint with power to conftiiute ihci^ tieputies, tr_ia the militia and appoint the ofli. ceri th^reoi. rirjf P io appointed, it ilu.ll, not be lawful for the laid Lieutenants to gram a iom million to the pcdon lo difapproved, but comminions Ihall be granted to all luch perfom fo aj^pomted who Ihall not be lo dilapprovcd of, as aforefaid, and the Omcor, lo appointed for the Militia, to be armed and ana--ed as herein ahet direded, ihall rank with the Oihcers of fuch of His Majellv-s forces, as, may lor ilie time being Icrve within this Province, as youn-elt'of their rejpednc laiik. . o n. And hit furl hrr Enaacd,-T\rAi when the Lieutenant of any County Kiding hcdl be out of ihc Province, or when there ihall be no Lieuteiv- t, It (hall be iHwlal lor the Governor, Lieutenant Governor, or Perlon Adnumllering ilic Government of the Province, to authorize the Deputy Lieutenant of uich County or Riding, to grant commiflions, and do all fuch afcts, matuis and things as might lawfully have been done by the laid Lieutenant, and the lame fhall be good and valid in law, as if done by the lata Lieutenant, and fuch commiinons fo granted by fuch Lieutenant or Deputy Lieutenant to the Ofhcers aforefaid, fhall not be revoked or made void by the death of the party granting the fame. in. And be it further EnaEied, That the Lieutenant of every County or The .i.u..nant Kidmg, fha 1 have the chief command of the Militia \x'ithin fuch Countv or '° .^"'."'"'^"f' h=- C±? '"? p';-^ "T ""T'^ l^ieutenant fhall be appointed tithine'ach ^-^ ''' County and Riding for the purpofes of tiffs Att. I y. And be itjurther Enabled by the Authority aforefaid. That every per- P-portion of ton lo to be appointed a Deputy Lieutenant, fliall be poflefled of five hun \"l^ll \ '°,^' dred acres of Land within th( Difirid in Ihich the County or Ridding "^ .-/'-It rndtenefitX'"nH 'l ^"^T ^j?^^"^"! '^ ^'^"^'^d' »« and tor his own ufe Z^t-:".? ces vvhatfoeler^^^^^ r"^ Z'^^™,'" "'^"S^S^^ ^"^ °^'^^'^ incumbran- P'^-^^• ces whatloever ; and ev ^ v nerfon fo to be appointed a Colonel, floall in lika which the County or Riding where he is fo appointed Colonel is fituated o Und for b.8 cwp ufe and beneiit, free and clear of and from all monga'es' or or ant, The r.amcs iji fuch offiitrs, & ■their Vdnlvs, be- iiig tc;t,r.tj to the C>ovct;n)r, ^t. ilioie i,cL •i K|>! lovejfbuli rf cv.ive commit lions. hf Ir i:ii]l: tfi Powers vefted* ill tlie ilijiuty lifUtfP.dUtS lit couiiiics. yl uuicj ( 'i i5' C. 1. In tJu thirty third year vj Gcoy$c the Third. Jl 2). 1793, Seed'nct'Sejfiifit- other incumbrances ^vhatfocvcr ; and every Lieutenant Colontt f^to be ap- \ }!f)intc,;edier with the deputy lieutenant, or one jullice otthe peace or (on the d.ath or rein-am Ihay be neeeHaiy to hold iub-dh-ilibn mcetirtig.Hy the lieutenaBt aiid deputy, of cBuatl.'^.' "" lieutenant at the general meeting, Ihall and may apponiou the feme into di- rifions, as may bcft fuit the general convenience o* the county or riding, and Aall and may by public notice, declare- the limits of each ilivilton refpcc- j|vdy» and tht* parifhes, twwHihips or places contained therein, and (hall and i^ay at foch general meeting where it Ihall be deemed ncceflary, appoint two <>r moremcetings in evriy year, in different parts of the faid count) or rid, ftig, giving three yreeRs previous notice at leatt to the inhabitants of tlic rc- j^et'titc parifties, townlhips or places within the divilion, of the time and place where fuch meeting is to be holden, and fliall and may appoint a clerk tii attend the famic. "' VI f I. yfTirf *f zV/z^rZ/'ef fwofl^i/, "that every male inhabitant from fixtcen ycaris of age to fifty, (hall be deemed capable of bearing arms, and (hall in- foH orcaafeto beinrolled his naioiie as a militiaman, at the hrft meeting for Irtiaf purpofeto beholden for the divjlion in which his place of abode may be, ynd (hall at fuch meeting give in hiit name, his age and place of refidence,and if he has thereto but* lately removed, he (hall make known the lame, toge- . fher withr the phice whence he removed. And each and evcr>: fuch inhabi- tant as aforcfaid, who (JiaH not at the firii meeting, for that pnrpofc to be holden for the divHion in. which his place of abode may be, either attend in ^rfon and give m his: nam€ in writing,, or cauie bimlelf to be made known inforae certain way t» the lieutenam, deputy liemer>ant, or perfon preiiding at facte meeting, fu that hi^ name may be inroUed as a militia man, (hall for fuch neglect, upo« conviction thereof, before any one juftice of the peace, ibrfeit and pay the fumof twenty (biHings, to he raifed and applied in manner herom after naentioncd. IX. Providtd a-koOySf That when fa«h inhabitant fhaU have once inroll- ed-, or caofe tkx be i-nroHed, bis name in manner aforefaid, lie need not at- tend any other meeting for the faid divilion, to be holdea for il)e purpoie erf inroHmenf, unlefs thereunto (bmmoned in writing. X. And be it further Enaffed, That alter every fub-divifioa meeting, the Clerk of the (aid meeting (hall, within fonrteen days, tranlmit to the clerk of the general meetii»g, a fair and true copy of the rolls, limed at the faid meeting, and to^the end,, thit it may be better known, whether any inhabi- fgntliable to he inrolled and fervc as aforefaid, fhall have omitted tocaufc his name to^be inrolled, the clerk of the faid meeting (hall, and is hereby re- quired, to t4p3ni;mit 'to the conftable of every parilh, townlhip or place with- in the (aid.divifion, -^ lift of the perfons living wichirt fuch parilh, towrtftiip, or place, ferpettivelvj whofhainiave deijvered m their naiscs as sforcfaid, C '■ "which Annvil eicet. iiyfi in conlic- C!(rk fo itlent Pfrronitein- roli in the milU t;i. If what mifl. Penalty uoglcift. PerfotK inrolled e»emp««a from attending otheff inroUmeiitmeetk Copies of inrolk. ments in thtt fub-divifion meetings to ha (ranfmitted to the clerli of the gcDcial m parilh, Jtc, ^■1 ' 1 M i ■ ,ri i&^H ly- i8 C, 1 . 'In thelhirfy tAird frar of Cn)r^t t'lit Third, A, 'D.^i JOZ''' SiionitSejdi^ u likh lift, or a copv thereof, the faid conftabJc flialJ fix it>XoW public place. "^ within Inch parifh, t«njnihip.ooplace,:itir public iurjx.t^pn,,. , ^cininu^'iH Xi. And hcit fnrUnr Knafftr.d^ Tlia< the lifiuenont of each county or^ liilinj;, fhall, once in t-vcty yt-ar^ call om the militia of' (udt county oft rjciiii:^, to be icvitnvod and: cxorciftd, and in his ablence from lin; »^OHnty^ or in cafcof his removal, or death, ihettiid mibiia iliall be called o«A \^ tlu| deputy licutciuujt 1)1* lucb comuy or riding, iuid cvtyry pe*l<*n l^ii^b^ to-icfve in Inch mjlitja, wlK-ihcr oHiccr or priyai^ wgjefcijijg or rdjuling tp attcntjL (cxcL'pt in cafcoC bckncJs or having obtained leave ol" ablcMJc;^ fljidl forjcitj and pay, ifan olHcer, forty /hiUings, and if a non comlai^^oncd ufHccr oij^ Aim>4dl rcNieu'i, JVnalty for not •ttctiding;. Kcvirw may he tppoiiilcd .\X IV- vcr:il times and C.ip';i!iis to dif- clplinc tlieir cumpaaies. Ptnalty loriiir." obeying jioyce. In cafes of e- niti;eiK}-, the militia to he callC'l forth for fei'vite, to any place witliiiulie P|(jvince. P;;;',.il'y for A'.i- • ipe^lieiite oil .- rivti'iccafiol'!. private, ten Ihiliings, But if itjhall appear to the lieutenant of any^coufitW or ridii'g to be more conducive to the interejl and~vo«vciiK:nce oirjij,d^ county or fiidin<5, that the njilitia of the fame be revicwed^t (i^frej^}it,mne5 and in fcpiivate bodies, ^it Ih.all c.ud miy be lawful for tiic iieuteiJfU^t^p.^jJL out apart of the militia of his county or riding, "at ibnie convenient trmind e.vejy .pe»it>ii after fuch notice, as aforesaid, who Ihall ncgliei to attend, or fiiaU ev, whether fubaltern officer ur[ pri\atc, (except in cale of lickue,ivor on leave of abfenct^ Ihall forfeit anil pay, every oHicer, the fuuj of fortyiibilli>)gK, ?iiid every nqn cair.nV;!])oju;ii clKcer or private, thelunJ of ten :l;bio9in tors;ind pi'ivatesy upon being rcgularl,Y..tiif»»iiI^fi, wiayjel^v'V-M^fV'iv *^^'^ homes, and any perianrufuling to ubey .fuitl^ orUei] or co,mma|iij^^ S'^i;*^ro fi}<)iKling fr(»n]c!4d len4«r, month*, ty or j:idi|ig ()f which he is a militia man, that Tuch »icgle6V fc refufa! arofc* 1^ 4 venlj /irjl Parliament. C! i ." % Ue'lhirty-thiri year of George the Thirl A, D. i ;^. ja I ' theauthority *mrciaiu, mat It tliaa and n^y bc^lawhil for the {governor, Ucutcnant gmcrnor, or perlorv ^cJmjnilkniig thd gQvermnc'nt, lb ta do, and to limit anc-s and hoHeij as the fervice may require, for the i.f.* HP ^ffiIch, the owner or iwn. ers thereof, ThaH be iniulcd to receive th5 f«m of lbve^l fhillin-s aiVl fjx pence per day, for every cart or carriage wiih two horrc*ar oxen, durin^ hich tnne as the fame fh^U be employed or-detained on public lirviee ~ Provided always, that whenever it fhall happen, that onlv part of the bodv 'Ot the militia oft this prav into fhall be caUed out for aclual Icrviee it (hull iawl may^je. lawful fat^ajiy perfba b^ii^; of the militia of tlic "cuuntv oi- Tidinji thai •may be fu called out,, to provide and fend an abk- bodied man «o fewe-inthe fai/i militia m his flead, and fuch able bodied inan fhall be .taken and received asaproper fubltuute for fuch perfon, livm- ujihecoua *ty or riding, that would.oihexwili; be obliged to ILrxe in the fardpait ol tlic milKia called out as aforefaidiK . ^ ^' XV. And be Hfkirlher Enrmed, .That everv perfon who fli»Jl fe« or bar- Ter any part of tltearmi, ammuin(k,,i ..r .Hiuip.neius, ^vhicii mav be deli, ve^^d out of His Majefty^s ffcores ..,lK.S,.nu.^ Wbefurnifhedby H^ Majdly for iraunug a.Kl exerc.Hng tne laid miiiua, ^ every perfon wht> fhall buy, or by barter obtain- the lamc,^hall feverall ly and refpca.vely forfeit and p»y the fum of five pounds for every oFence, ion convrtUon thereof, by the oath of any one credible wituefs, before any S^' 'h P^^ r'' l""**"^ '^''^'^'' ^^^ ^'^""^V ^•h'^^^ ^'^ ^^'^^ '»as been com- ^m.tted, and in cafe tfie perioo or perfons, fo felling any part of his or dici.- W, amanunition or equH^ments as aforelkid, or the perfon or perfons ob-- ta^tjjng the fame in maniM^r afQrefaid, being, thereof convicted as aforelaid, ftall negktt or rdu e to pay t^he faid fum of five pounds, it fhaUaaid may . be lawful for the jufhce bj- m warrant under hi^ hand, to commit fuch perfon or perfons to the gaol of the county or dillrici wiere Uic offence fhal be tr:r, T^-.^l.'^^r «^1^™^»«^ exceeding, twomonU^. Provided W^J n f '^f ^i^ ^r^ ^' *"^^"' ^"^ the fkid juftice lodUchargethc .pwfun or perfbas fo 9ftending, any time before the expiration of the fa?d. two months, when the perfon or perfons fo convideHs XcfLid Ihlll t^.«lertotheTaidjMlU^ethe|)<»naltyiutliaedby tlmaa ' ^^ vl.^yU^nlS.f'^'^''^-^^'^ '^■^f ini^efcveral counties and ridings :^t";c;a;;kt:«f ::i!l'l[r*^^ '-^ formed mtorell! =" ■■ — ""^^^ ""'"/'-■"wwricisiruu five companies, which . , companies Or in J. llitute adini;n- hk'. Penalty for tlie fale or pur- chafing ot aitns, aminunitioii,&^. iffucd to the mi . liti*. Perrifflj coe- yifted Ihall be imprifoned foe non-jmyynciiti" DIfpofi;ii,n of Uie rnilnia iiMV r.;giments. !Hl II ! i' i- a r to C. t. III. the ifiirtt^dhirA ytat cf Gtor^C'l-Hn './Vj»>rf. 'A-tD, rycf^* SrccndrSii^cn*' companips Oiall confift of not more iTian fifty, *irtr Icfs thaiMwcmy, private iiKii, md iljc, ficirfiiflkcrs oi' iuch r<;^iinciiis (hali be as fol^ws, th4t; if to Offlcvs tliewPi ^uy> tHjc ctikincl, CM»K Ututeuaiit culoini, .ahU <^e rtia|or, and wiit^c' the 4imnber of militia flull amumit to a number uiiiwr eiglit, and noitcfi'dian, (ive companies, fuch wilhia fliall W formed .into a battaHw, antlthc'ftefd officers of fuch baitaliou, fhall'be one Jicuoenaul colonej, ami one major , only, aud in each regiment or bat*afi<);n of lulliiiA, there (hall be one cap- lain, one lieutenant, and oncaifiga, to each company, rnmdod always, That it Ihall and luay be lawful iar cvery^ battalion coi)(ifttng of five' com- paujos or upwards, to have one c'onipajiy of grenadiers or tight iiifairtrv, to which two lieuteuants Ihall be appointccj inf^ad of oijc liemcnapt and one, enhgu. And it fball be lawful for every regiment conhRing of cigfit torn- nanies or upwards, to have one company of grenadiers, and one of light in* faniry, to each of which companies, two lieutcnant-s fhall be appointed en- ftcadof one liciUenautiMJd oueenfign. XVII. And b£ it further £mSied>, That to every regiment or baualion of militia, which Ihall eonlilt of live or more companies, there iiiall be in ad- dition to the officers already nientiom>d, oec ai^jutuul *tKl one yuartcr maf- ter. - ' XVIII. And be it further EnaMed^ That in the fcvcral counties and ridings, where the miJitia men are not in nurtvbcr fuHicietit to form a regiment or battalion, according to the inn?nt and" mea«mg oi tins Acl, the militia of fueh counties or ridings Ihali be formed imo iodepcndeni comj^anies,. ua^h company to confift of not more than ftftv, nor Icfc tfcan twenty prjvitte mtin, wiih one captain, oue lieutenant »nd one enli^n, to each company, and tliat the governor, lieutenant governor, or perlou'adqniftilieiing tiegoverit- Wnt, may when he Ihali think proper, join together any number of kxch ifldcpendcnt comjwiiiies, and form 'a'J>attaUoa or baualions, or may iacorpa- xate them with any' other regiment or bauaiiort of railitia, provided the number of companies ia'iiny fuch regiment or battalion, be not thereby made to exceed tiic number of companies, of »bich aregimem or butalion *of militia is herein before directed to cotiliit. XIX. And be it further En^dled, That « ihall and may *e lawfoj-for the lieutenant of any county or ridii»g to atl as coLow»l or comtiunding officet of any rrgiment, battalion, or ind'cpendiem company of mklitia for liuch county or riding, for and during fuch time as t!iier« fiia-ll not be any cokinw or commanding officer appointed to fitch regimOnt, battalion, or iftdcpcn- dent company, but rio fuch lieutentmt of &ny county onriding, fliali.at unify one time, act as colonel or conyiuafnding officer to more thamone body pi railitia, whetfier regiment, battalion, or independent company ; and ^-hen the licutenairt of any county or riding, feall lake tiK'command af any htxiy of militia, not being by this ad deemed aTegiintnt; he fliall be intitled fo the rank of colonei, except ^hea -the faid company IhaU be ioymod .intp "battalion as afbrefaid. • XX. And be it furtlicr EnaBe'dy That at all t of maftcrii. Formitinn Junftioa of #:verit tliereot' into % bjualion tr incorporatioa iilts other regi. Dicntt, Ac. .lieutentnts of counties to iA ti colonels, while that ap- pointment ii v«. ciat. To ent I'ciJjr nf BliUtiiionlv, iwi raiikai Vuch, Exception. The miUtli when enjbovliei rliamtnt. C JOHN ' . x.Jntke thirl.j)4hird yea^ (^ George the TMri. A, D. 179^. CRAVES SIMCOE «5yUIRl'., Vl^VTlNANT C()V«IlNO|i, n ttfom, t «* j,< fi" ... < tnl fuVjcA tgf iha Bruviltoiii •f At '" 'O"*! f"- ,«miHiu«ivs v^- miljua, /IwH fiuw ihc tiwe oi iluai btiug dwwftoWt ^.aU cm- ^J";, .tlo^: 4)oaicU 4* aloreUid, a«d uruU ihey IhaU be returned «g4inu» their rcipetlivc ■«>•«'* *«<»|o- lowjis, Do^v^nUup-s iwrjlhcsorpUtcs of ibodc, rcinaift under the coiuinand *""" of ius eJiqcikmy the governor, Meutenani jjjovcwior, or other goncral olft. cer having t^jComOHiid oi them, and ihali he Uablc i« the ^ov*aoJW of (i«ch ^^ qr Adi of tbb Province, as may be in force for the punilhwcai qf wutiuy, it^efenioo, ^»d oUwr crimes, cm may hereafter be made, *nd be in farce Apr ilhc explaniition, araeadment or enforcement of ihiji Aa, andfer wani^nf ai^.Afct or Atts of thki Province, or wlwrc the iame Ihaii not extend to punifh d<;/l'ni«a totbt tncmics of this Province, «r tkivy trcafonablc c<>i>- ^ XXI. And be U/ntilitr JSMded, Thai except in lime of ^a»jaJ fcfvice, v.,u», ... triiejiMtgcsof iheluprctac court and clergy, the menjbers of the iegiflative f"^"* '"*'f and executive eouiu:ils, and their rei^ecUve othcers, the members of »he mK.«plS iitmfe of allcmWy tor the time being, and the oHiccrs thereto bejoiiging, His f "** "^ "' "* >Majelty'8 attorney-general, ihe 4ccreUi^ of ^e Province, and all other oi- "*'"* ■¥i) oHiccrs, "who Ihall hav« been, Qr here^ltcr may be appointed, to any ci- >4iil office m thi* Province, mtder the gteat 4'al of the lame, as well as ajj «nagittrates, fl»eriU«, coronets, half^^ay ofticcrs, mihtia officers having Icrv- cd under and by virtue u4' acommifhon from any of His Majefty's go^cy* /lors in the differcM Provinces, bow liases of America, the furveyor gonc- ral and his deputies duly appointed, fea-liiring men actually employed in th« hne of their calling, i^byiicians, furgeons, the mailers of public fchooU, ferrymen, and one miller to cvcri- grUl mill, Ihali be and they are hereby ^excufed f^pm fcfving jn the faid militia. Provided always, that this A6l and t a'.tual the exceptions herein contained, fhall not prevent, and it is hereby declared, ^"ithfUnJing'*" i.that the fame ilialJ not be cbnftj ued to prevent any,, or every above mention- colt """"*'^*. ed pcrfon or^crCons from holding coramillious as officers m tlie militia of «his Frpvince. froyidetl always, that it Ihall and may be lawful for the go- ''" vcruor» lieytenacit governor, orperfoa adminirtcring the governraenl of tins ma"""*'' '*** rrpyinctf, 6yi» arrant under his hana and leal, to exempt any of the per- |uns Ikcrcia before enumerated, to whom Aich warrant ihall be crantcd, from t)eing caflcd out for the fervice aforefaid. * -' A* i- 1 ^XU. Jnd k li funhtr, Emlled^ That the pcrfons called Qualtcrs, Mc- ,«oni'ftf« or pt-dooN, that Ihall or nia^ be of the people tailed Qtiaki-rs, McnoniWs Jif ?!';!,' uii/i! J'*"'i^'"» Ihallpay lo'the haitcnant of the coiintv or riding, or in hit ab- •ft-nce to the deputy liciitenaht, the Kmiof fwvntv fhillings per aiimnn iniirm: : ot peace, arul hve poiliidi* per annunr h» trmc oP adtial invasion (M inrurred ; tion, upon producin;^ Inch certificate, and lieing iliirt^hy exetnptttf frouj fucH- lervice as aforelaid, atfd if any ftich perfori or pertons •being of ik* peoplt called (^uakeri, McnonilH or'Tun1u iw. perli)H.s be 'Pii'uoJ'preiri'd i^^"ii«'»i oppru-Uive, he or lllcy,i^ay coniplaiu U) the hetitcnant ur deputy, beu. ^- ttaiant at the next met ling, wlu> ihall iieia aad. tiuuUy. dctcnniiw: llic luu»e. Apfoinfment XX'III. And he ii further />h;f?(' l>e the i«Jjufaiil'i{oncBrl of ttvthc laid olhce ol' adjuiant f^-, -tiertil, and be paid lorsrtrl duiMigtliriiitw ofhjs ferviug infhc laid mUitia, •kn fach-adjutaiiL genemi ab-al'im-laid, the fum of» ui^ie diJJIar per day, per an- niim, free and clear of aild Iromalltitxiuction whailloevHsr. *• •** XX I v.. And be it fuii/ur EiiaBcdhy the AiUhoriti 'aforeJaiUs That the fin A, Fines, &c> t» l\nnrmigiil' Pe»*»'t'<''s anddbrfcitu'res by this Act iiVip(>fed,JliairbeWd fpr and rccoWrcd by and iipon the oaih of any one civdible witncrs,,bt-forcany oneof His Ma. jcfly'sjuUicesof the peace, and withintwo months after fiid'h convictioii and ■-■■ recovery, Ihall lie traiilmitted by the jullice before \vhom fuch informatioVi. fTialJ be laid to the lieutenant, in cale there be uo licutcoaiit orthat be be lal trmfmittcl abfcDt, totlie'dcpiUy lieutenant of the county, where 'he o'l^cW^^'HasbeeJi, t^'hUTr.'^" committed. And'thc faid lieutenants fhalK and are herein rci^ufrcd; ycai'^ receiver B*.«»t- ^.--^p . — - ^ — — — .-- — _..-- .,, — ..v^. ^*mj m^^ • «**%. «mbv4 «*vAjiaiaiik '"-'fall" oV'th' g^'"*^'^'; "po" h'** producing a warrant lor fuch purpofe, to be Jijjhcd trf the , tajliuut' gencl governor, lieutenant governor, or perfon adniimftermg the govecnmeaty,. "t^ ofe'f «rii!c' ''^*^ ^'"'^ ^- '"'before directed lo be paid. And in cafe any ifvifplM* of fn€h aii?u»' roonii V ■,). >\ reff.si»o in tl»e hands of the fcud rcceivtr general, afte» malMilg ant ^K 9 hrjt Parkment. C. l;i.J\t/ie ThiU^ thp-djiur of George the Third, y^ IX 1793, gn ■fuch JOJIN GRAVIS SIMCOC KSyUlRE, tlEUTENANT COVtRNOR »i;.t •*- pttyincBi m afon-faul, futb furplus ftjiill bf diipofed of, as the governor '" lleuioMunt Kovcriior, or pcrf«u 4d»umUaii»« ihc govcrnnunt (hall diretl, to t piirimfcs only that fhall rcfpetl the faid inUuia, and ih«: other fines, iorld-. lurc-s and pt-naliK's ih^U be appruuriaicd to ihc purchai'c oljuch jieccffarieV,' as may be rc(i«ilUc towards ihc titablifhing oi and bcUcr providing for ftic • - ' qiititi^ af^rcfaidl .'' **r X \V. sAiid be it further Knailed by the Aidhoriiy aforefnii^. That if aay. Umiufioaf* afction fhall l>c bron^'lu uKaJiiltauy Ucutcriaiu or deputy lieutenant, or a'gainft ;« '"ZhT''^ Axwi d^'pu^yi4«c»itui»a"t and juaicf of auy county or ridinj{, or ayainS »iny «''•"»' =<»«« >>t jullicc or juUiovs of tk- peace, fur any thing done by virtue of thi| Afc^ thai Jv^" °* ""* ruc}\aadvi{:o aA»dxonleut of the legidaiive council and allembly of the Province o( .Upper-Canada, conllituted and ademblcd byt virtue of and under the authorhy ofj aw Act palled, ^n. the 4»arliainet)|, of- Grf«<,^ri/(r.i»,. intituled, " An Act to rqpeal certain j^arts of an Aapafl>d' " in the fouricendi year of His Majc-lty's rci^n, intitviled, " Xn'Acl Cx *^"' •^'•'t « malcing nv)rc i^ffectual provilion for the government of the Provmce oF v' ■ '- *" • ",Q;uehec, .In Nor^ America^ and to make further provi lion for the aovtrn Kient of 4he faid Province," and by the authority of the famc^ That jt'ftall' »,„,^ ,^^ and naajf })e lawfql, as loon as conveniently raay be, after the/palJing of this -"".inj, ,;12 Acl,;tor ,any ;tV9,of His Maj^lly's julticcsof the peace, a'aing within the Sry'.f^::; tjivihon tn. which, any panfh,townnHp, reputed towtdhip or place may be •< **• «•€«! to iffiie thiax warrant, givins qight days previous notice to. theconaable of "Tm ^ \^i^\mm townlhip, reputed townfliip, or place, aut^iori?i.«g htm on a' day to be fixedly the laidjuiUccs in the prefent year, ando-nihefirft Mon- Wh*n. d^^ in t^e, month of March m every enfuing year, to aflemble the inhabi- ' ^'••r '"i"5*'l''-'^ T^P^S -pr liable to par, to any public affcirment or mc * '^ ^'..•^'*^?1I?CT? «^^"M"P' reptiledtovtirhip, or pike, in the Carifh rhnrrK vr or.aprr, or m iurnc com-ciiiem piacc %Mthm dit'fajd parifli^ totvnftip, re- l)utcd •Ml ■JU ■% St ■ (;f V ■ r ii: «4 ' (?. 2". tii ihe Thirty-third year of George the Third. A. D'. 1793. SeiOilrt Sejjicr^l'^- ¥ ■ 'lleAion aa^ duties of iirel- fort. oTcho'fm''"'!! puted townftip> or pjace, for the purpofe of choofmg and nominating the fi(V 0? wwa g*f* parifti or town officer hej^in after mentioned, tw ferve m fhei* refpettfve *="*• offices for thcyeaif nextenfuing, dt which- mcetirtg the fkid tot\itahU; Hiali prefide. , ui. . i..j . v.ku , fisftibn of » H. i4»tf **?rft>rfti fucfa things as fhalt be directed by any Atl to be paflitd, touch- iri^ olF'cOJWerrting the highways and roads in this Province, ^^^^'-'"^ &tid oVep^ feet's fha* aJfofcrve the office of fcace-viewets, and are hereby authorized? aad Yequired, upon receiving proper notice, to view and detertntne upon thp htnghih and Ibttieiency of any fence or fences within their refpeftive paf ifh^ t6Wrtlhip, reputed townfhip, or place, conformably to any refolutionsi tha^ rtfay be agi-ccd upoj* by the faid inhabitants at fuch nreeting tp be ii^tikQ^^n-* ddt and by virtue of fiich wirtarti as aforefaid'. ' '" ■ Vl. And alfo to choofe and nominate in manner aforefaid, a perfon or p«r- fons to forvc the office of pound-keeper, who is hereby authorized to inj* pound aU cattle^ and cachant^^very hoiiW i^c^^p and hog that ihaU.trei^afs EleAion ani duties of coUec. tor. tle£iioaan4 4uti<5 of the overfecrs s£ the ..T lie .1)* >■ oi fences t» W within tlieir 4<>gniiar>ce. Naminaiion of »pound-kf.cper, arul duties inci- lient tn his of- fice. Oil J'vrfi Parliament.' €4 ai* Ik. the'' Tkiriy-ihird ^car af G/^rge^ the Thirds A A » 793. on the lands ofany pc-rfpn-Jiaving inclofcd the fame by fuch IfighNind 'fiiffi. * ciaiilciicc, as ihuli have been agreed on in manu^-r {if'oieraid,4ind alfo to .impound anv .aoned.iujrfe, more than one year old, that Ihalrte rurnine at large upon the high-ways or commons, and to detain inch horfc, until the owner thereof fhall have paid tlie iuin oltwenl) {lullings, oqc half to be paid to the perlon taking luch horfe, the other half thereof to' the collcaor, to- ♦ ardidicpubhc l.lotkof the diltrjct. ' ' • . VII. And alfo to choofe and nominate in manner afor^faid, two {n arid N,mi„.u«-^ diicreet perlons to lervc the ofhcc of tovn wardwis lor iuch parifh, towufhip, '"^^^^^^^w- foputed townlhip, or place ; but as foon as there fliall be any church built for rmi«ifterduly appoit^ted thereto, then the faid Ht" F-ifi,„:.u- habuam hotiieholders jhali choolc and nominate one perfon, and the faid car, \-" °'' p"'* «on or minuter fliall nominate one otl,cr perfon, which perfons fhall joifuly ^t" ^^'^ /erve the oftce oi church warden, and that iuch town wardens or church var- „ dens and their fucccliors duly appointed, i}iali be as a corporation, to rcpre- i-fZ" 't' lent the whole inhabitanis of the town/hip or parifli, and as fuch may have a '"■*• property in goods or chattels of or belonging to the Ikid parifh, and (hall and mav fue, profecute or defend in all prefentments, indictments or actions, for. • and Gil the behalf of the inhabitants of the faid parifh. • ^ > * ^in- And be. It forther Enaatd.by the Authority a^ That the con Aiifto ftable preiuhng -at l.uch meeting, fhall and is hereby 4q.fired, to caufe a lift r^^'° •,w^' ":'?'. ""'' ^'^"^^'""^C^ ih^^n-^r^^^ of' the perfbns chofen and nominated ^":a . A lift 01' rerfo*» ted ''at itieetinf ,,, /;.rv,> Q.wi ,,v , .1 F i'""Vv , "■" r"""'"= '"""^'i^'J rf'iu nominatca (haii forthwith 10 ftrse and execute the feveial ofhces herein before mentioned in manner i^' "«""«"»' ae. afovehud, which hit lliall be hg.ied by the faid conftable, who fliall forthwith ua.rcf tK , west tlie fame int^ office. Oath. f> vn ue vM^h T '^ "^''"' " '^^ J^^'^^' ^^^^-^ Hncd the warrant ly -«- VI, tuc of . h.ch ueh meeturg was holden, and it fliall and may be lawful for vvi . Y'lH:'-of .he f.Kljulices, or for any juftice of the.peace, acLgwithin le °^''' of'; f!-"; 7 \ " ^^r"'^"'"''^"""'^ and empowered to'admin.ltcr an o^S of d to- ferve upon the perfon, or fit. leave the fame at his ufual place of abode, IhaUr iK^gka or relule by the ipace of fevcn days, after the fervicc of fuch n')tice, to accept- the laid tMhce, and penalty for re-' take die Oath hcrcin before prelcribed-, he Ihall-for every fu^ii ne-lect or le- fuiVng luch of* ^•^{•gi^- forftitthe fum of forty fhiilmgs,.to be levied by diltieisand lale, and ^"' and paid over in maimer herein before mentioned. "Vommationof a, xl And' be ' it further Enaded by the. Authority aforefaid, That it fliall and high conftibie- jjj^y ^5e lawful for the jullices of the peace, withm the reipeclive limusof ^^hSiaT their commilfions at their general quarter felhons in the month of April af- fembled, or the greater part of them, to nominate and appoint yearly aJid _ every year, a luHicientlv difcreet and proper perfon, to lervc the oihce ol Mc't °L"each high couUablc- in each and every dilhict, and alio to nomiiuite and appoint, iw-nihip. &c. ^•^j^.Ij a futhcient number of perioiis, as in their dilcretion will bt- ncet.(laiy, ■ .....: ■ to ferve the office of coiiltable 111 each and every parilh, townJ'hip, reputed townlhip,' or place,, and the faid. conlUble and conllabks, before tht-y niter upon their office,, ihall feverally take die following oath, which it-lhail and may be lawful for any jultice of the peace to admiuilter — ^^^ t; You .Piall w^ll and truly ferve our Sovereign Lord the King, in the. Office. U of for the ' of f^r tlue year enfuin^^ according tc^. i^ the bejl of yonr fkill and knowledge — So help you God." XI Provided always, and be it farther Enacted by the Authority aforefiid^ •J'pTon °^"om That no perlbn having been appointed and Icrved any of the offices mention- >n office after ^d in tliis AH, ffiall bc Uablc to be appointed, or icrvc the lame officc, Wit l.ir & '^^ three years from fuch appointmeni and fervicc, unlet he fiiall confcnt • 'thereto.' trovifio. for XII'. Provided aJfo; That when any townfhip, or reputed to.wnfhip, ffiab »wnn»ips. &c. contain thirty inhabitant houfeholders, it ffiall not l^e lawful lor the lai • V i' Juftice's Warrant to aflemble the Inhabitants.. . , Vv ir^ HoM-K District.- j TotheCoMie/or the Toxijn/Jdfof . '' / ' iiUjUjaH r> Y virtue of a power fur fuch purpofe granted by a certain Aa of the .IJ'I.co, nature of this Province, made and pafled ip the thim'-third year oi his prcfent Majefty'. reign, to us A. B. Efquire, and C. D. &quire, two of hisMajeflysjuaicesof ihe peace in and for the laid diflria, thefc are to authon/e and require you,givjng eight days previous notice, to afiemble the inhabitant houfchoJders, payino; orliable to pay to any public afTefrmcnt or rate hvjuawuhin your parifh or town/hip, to roeetat on for the purpofeof choodng and nominating certain fit and.proper per, fons to fcrve the ofhcc. hercu, ipccified ibr the enfuing year, that i, to fav, one town clerk, two aifdlors, one coUcaor, two or more overfeers of the hic^! waysandroad.s, one or two pound-keepers, and two town wardens, accord- ing u> the directions in the fkid Ad contained, and for fo doing this fhall be .liuthcicnt wiirrant. ^ Ttft anj per. (jidlius q! i1.(? town tlirks and poun4 teeyeri to be regwa ufe, to the value of oric haadced and fifty pounde, atui not amoiintut;* to two hundred pounds. V. And tjiatthe fourth clafs d(x contain the names of fuch" houfeholders as aforefaid, as the laid ali"e(r«rs to the bell of their knowlec^gc ^nd judgment, beiicve to be pofiefTsd of real crperl"onal property, goods' or* eHi:tts to their * - own refpeC^ive town ibift. :« cU.^i. J«cU^; I tl»fi. # cU6. ;ch eUfi. Fyji Pailiament. C. 3. h the thi,rty-t^iri jedr of Qeorgethe Third. A. D. 1793. :i, and not amoumiu;^ fy three hundred pounds. ■ VII. And t^at the (ixth clafs do contain the names of fiich hourcholders 6tf»ciaftf?'* ^ aforefaid, as the faid aU'elfors, to the bell of their knowledge and judguvent, believe to be pod'eH'ed of real or perfonal property, goods or clfcchs to' ihcir own ufe, to the value of three hundred pounds, ai^d not auiountin,, to ihrte hundred and hfty pyunds. ' ' > » , VIII. And that the feventh clafs do con^in iihe names of fuch Tioufehol- 7ih«;iai>. tiers as afovefaid, as the faid alfellbrs, to the bcil of their knowledge and judg- ment, believe to be poMclled of real or perfonal property, goods or elFects to * their own ufe, to the value of three hundred and lilty pounds, and not a- mounting to four hundred pounds, IX. And that the eighth clafs do contain the names of fuch houfeholders atheiift. as aforefaid, as the faid all'eH»)rs, to the l)elt of their knowledge and judg- ment, believe to be poffefled of real or perfonal property, goods or efietts to tjieirownufe, to the value of four hundred pounds and upwards, and that fuch inhabitants as the laid ali'edors, to the belt of their knowledge and judg- ment, believe not to be poilclled of real or perfonal property, goods or ef- f'eas, to the value of fifty pounds, fliall be included in a lill to be called the Cxcufed int. X. And h ii Enaclcdl/ylhe aiUhorily a/orefuiJ,Th^t ihc faid affeirors fliall a copy of ii-.. atid i^iey.are hereby required witiiin fix weeks from the time of their appoint- ^'^''^'r.Tricj; ment, to make out a copy of fuch their returns of all the inhabitant honfe- "*'"■ •f's^'Hc' holders witliin thcirrefpeflive pariih, townlhip, reputed townfhip or place, fo kvyirg r»ui.'"* di . : cd into elalfes as aforefaid, with the names of the faid aflefibrs thereunto fubferibed, and to prefent the fame t(i two jultices of the peace living withiii or next to fuch pariih, townlhip, reputed townlhip or place, for their confide. • ration and allowance, which they are to lignify by ligning the faid return, and fuch allowance of the faid jultices fhall be a fulhcient warrant for the collcc- ' tors of the laid panlh, townlhip, reputed townfhip or place, to demand and receive from the faid inhabitant houfeholders the rates nerealier impofcd by virtue of this afct, and the faid aflefibrs fhall caufe the fame to be fixed on the churcli door, or fbme other place of public refort, in the faid pariih, townfhip. The fcnwto u reputed townfhip or place for general lufpection, and fhall alfo tranfmit a P"bi'd alfo.to demand and receive, for and di^ring the time aforefaid* of every inhabitant houfeholder, whofe name fhall be included in fuch fifth clafs as aforefaid, the fum ()f twelve fhillings and lix-pence, a« his rate or pro- ./ , . poiition of the diftrict affcflineii;, to be levied i'or ii;c ufes and purpofes afprc- ■ iaid. ...... ,d/the6t;h clafs. XVII, And alfo to demand and receive, for and during the time aforefaidj * ■ of every inhabita-tu houfeholder, v.hofe nrame Jliall be included in fuch fixth clafs as aforefaid, the fum of fifteen ihillings, as his rate or proportion of the i •■' ' diftricl afftflment, to be levied for the ufes andpurpafes aforefaid. Wtherthdafs. XVIII. And alfo to demand and receive, for and durit)g the time afor^V • ' ■ faid.-of every inhabitant houfeholder, whofe nareelhaU, he .injcludjed in fuch ' fevcnih clafs as aforefaid, the ii\m of feventecn Ihillings .and fix-pence,. as. J)i's rale Ofthe^thclaft, ll^fthe5tliclari. .-Firjl Parliament. C. 3. In the thirty-third year of George the Third. A. D. tji^'^. 31 rate or propof tion of the diftrift affeirment, to be levied for the iifes aiid pur- poles af orel'aid. %IX. And alfo to demand and receive^ for and duf Ing the time aforefaid, •.of every inhabitant houleho](ler, whole r«inie IhaJl be iiictaded in inch eighth clafs as af'orcl'aid, the fum of twcjity fhillings, as his rate or proportion of the- dirtrid afleliment, to be levied for the ules and purpofes aforefaid. XX. And be it further EnaMtd by the authority aforefaid., That the collector •f each and every pariih, lownlhip, reputed townfhip or-placc, (hall, and he k Hertby required once iu every ihrte montlis 10 pay or caufc to be paid to •the treufurerof the di/lrid, all fuch monies as- he (hall have received under ■and by virtue ofthisad, and (hall alfo produce the book or books of aHcfs- ment for the examination of the laid treafurer, and it (hall and may be lawful for the faid treafurer, upon being fatislied that all the monies to be received by •.virtue ofthisad, have been duly colkfted and paid or accounted for by the faid collector, to pay into the hands of the (aid collcdor, the fum of three pounds for every hundred pounds fo by him coUedcd and paid as aforefaid,, t and at andafierihe fame rate and proportion, for any fum lefs than one hun- dred pounds, by him collected and paid, and the faid treafurer IhaH and is hereby required to give a receipt for the monies fo collected an'd paid over to . him, which receipt iliall be a good and fuihcicnt difcharge to the faid colr . lector, for- the monies. fo collected and paid by him to the (aid treafurer. " X X 1. Provided always, and be it enaBedy. That for the purpofes of the cur- rent year which will determine on the twenty-fifth day of March, one thoufand I'cveia hundred and ninety-four, it Ixiall and may be lawful, for the faid cojlec- iors, and they arc hereby required, to demand and kvy in manner herein af- ter to be mentioned, from each and every inhabitant, according to the fcveral nt f-.:urity. iin, nd hi'Jt ^Parhammt. C. 3. Inthc ihirty4ni\d ytaf c/. ikii%^f^kl^^trt\ 4^ .X'i- x^jz, 3^ fioivs and alTo for the due and faithful cxfciuioiiof >tic VruftVcpoi*e(fi!i h ,ind all and t* cry Jiich (mn uj Wms (^ ,Mio»u^, 5>.s^hall Iiei)aid iuto,his Jianus ,„ »k„ _ . by virtue of i^ud m pwrluancQof this Atf^ flj^rt b?r dccftfod 'dfei taVn tr be '"^'•»^''«^*^»^ rhupuWii:Hockof ihcfliftria, and the fjiid treafurer'llialt aYiij is hereby re. ft^Vk 0^1,^1'* (jiyiiicd, to pay lb much ol the money in hi"-^ hands, 4d fiich pci-jfonauidperfdns "''**'^»'><'*»-* as iljo laid jutlice.s at ilR-ir rdpcaivs, gehciai'qtjartef lc:fWn.s, or ihc grcaicr' '''"^ part of thcui, tinni ajid ^Hf-rc afremj>lcd, fii*ll ))y thei'r (^rd^rS dirett and ap:** i^nt, for the uCc.s aiid puipoli-s hcrcjn bcfoVt; recited, and for any otiicr \\[e$ r and purpofcs to which the public ftock of anv dKtritl is or fti^W' bc^pplica-''* bit; by law, icfcrvin- at idl and every time or timts to and for hi^ Own u1K'« .u « aad as u reward for his, labor and expcnce, the Yum of ihree pounds for 3p-r°*mVT tv\ n hundred, that [U-ixWoxjiv^ be paid into his hands by the laid collcUors 11"'^'""' .»" for the purpod's aforcliid, ' ... <""""•«•«« ■^^ ^^^/u ^/"^ ^'i^'J'^rLh cr EnaBed by the Authgrity a/ore/aid. That the U^. Treafur« „ f r{rahi.rcr Ihali, -and is liercjjy reyuued, to keep books of entries of the {eve- '''"'' '"'°'" "' jiil fuius relpettivcly H>«:eived «ud paid by him in piirfuancc of this Ad,' and "v' -ji^toiii alio to deliver m true and rxatl accounts upon oath, if retiuired, (Which uhrT 1° iT oath, any cue of the jjjftices m their tefpeajve tjencral quarter fefljons is «;«"»««*.««' hereby auihon^ed to adminiller) of all and every, futn or lams of money '^nd'^'HiS*' refpcdively received and paid by him, diHinguilliing the particular ufes tg «">"• v.hi<;h fueh fuui or films ofmonev have been appficd, totlie juftices at every i general quarter fcHions^ to be holden for the dillriet, and (hall lay before the jidtjccs of fuch fclfion the proper vouchers for the fame, and the difcharges of tnc laid jufhccs of the peace, or tlw gieater parttjf them, by their or- ders made at then- general quarter fellions to luch treafurer, Ihall be taken a]id allowed, as good and Tuflicfcnt acquittances to the full amount thereof.' XXVII, And k ii/u/^her £n^S^d hy the Authority a/orefaid, That it flialff^ and may be lawfuMor ih;| r^^cl^ullices^of the peace, at their general quar-'t,'"^^,,*' r!. ™v... gv„v.^«. ^u.a^i^, iv«jw*«^«ii uiu luomo oi /iprij auembied, or the ureater^ fiaitof them, to caufc an A-il^^te tofa^ Iai'dJ>cfore themof tkfuiftiSEnu' ol moneythatmayb€nQce(fery,jtQik%the^cli^rges ^kI qxpe«ip& accHi ' 4|ig tQ their rcfpeaiy«,4jfti4^lj, fpr Uj^ life jjpd PVm^ikorkwC'Sat^ ^fuw>g year, ^aiKi hftving 4(?t<^miii^ aa4^qiplvc(f ufp«.^ the aaionirt of the Anni^^ !?<; i4fed» (to bt divided, ii?;?tt^xactpmportio8: IP the rate mtk vluch each c|*fs .is fovcra%; cji;>rgad,^j»s lierein ^i&x^L k2 tided, arid to dt^r<;*«r. aj Qtorgf the Third. A. D. 1 793. Scco nd Sejii OH JOUN boraiird,. anr«iin;; to ihcir it1> pt^livc claircs as aforciiitd, which nrdcr bi-ing li^^hc'd by rhc laid julUces'ln ' their general nuavtcr Icflions in the nioiuli lA' "Aikil- ifHiitilrUcI, or tlw «rc.it;lu>iit thi:; Province. ' And the hii;h couilable Ihid!, at ludi tim«s'.a.s tin- laid jalUcts by f heir oni^'r • '• in kiViom thall diiod, caulL- lueb rates to bo^.vkd by a '.varii'iM uiukr hi* bani,!, diretUd id the ailcllors ami coiicdor of cvcrjr paiilh, tbwulhip» re ^ "^ puted, to\s'nlhiii or place vithiirthis Province.' A * . '^ ff IT XXIX. And'k it/u/ther EaaHlrd h the Authorify SforffirJ, That no now Iem"o* LV. afleirmeiu Ihall be ^ade, uiilil it Ihall appear to th6 jiDlices •at (heir rcfptc *'f 'r«eun« ^^^^ j;ent'val ouarier' icflions", ur the j^rcater part of ihcn>, ihtn and there al- \^cu'»v^ni. fombled, by the at;connts of their trcafurer or othcrwile, ,rliai thrvc-lounlis **•' • of the money coUefied by'iirtuc of the precediim nuv, ihjil have been ex- pended fox the ufesaivd puryofes mcniioncd in tliis At\. XXX. And whereas, it was the ancient ufs>ge of that part of Grrat Bri- I''ti,eTouI'"'f tain called Englund^ for the fcveril members rcp^efenlin^ the comities, cU .ircmbiy to be jj^,j, gjj^j boiouglis thcrei.ii> to receive wap,e.s fi>r iheir iUtindaiice ia Parlia- fc/Thtir ZT.'. mcnt i and whereas ifleenis expedient to adopt the fame cnllom in this Pro- vince i Be it therefore fiather enaCk-d,. thafafter every proroj^aiion and dif. Mutton of the Alfemlily of iWis Province, it fliall and may lie liwful fof * ' ' every mcm()er thereof havihg attended, to feccivc from the fjn-akcr C7f the Hoiife.of AVenjblv, a warrant under his haiid and fcal, ll'^nifying the time thaiTucK member 'hath attended his dnty ia the fard Aflcmbly, and every' * . , nieinb^CT pollefled qf fuch warrant', thall ajid may a(k and demand of the jnf-J ttccs 6f the peace for the diftrttt, in which the" county or rKfirvg rcprefetued »^ ,f by'TutK member' may be fmiate, irt their general quarter iellions alfemtfeled, m* ^x««iin|t a *t\iWnat Exceeding ten fhrtlinas per day, ft>r every day that the faid mem- ton. j«T m« to be lui lor inc iumjuin«.« lu «.vjr ^j »..v .....w... .w ..» ..^ ~ , nS-^ ttir«d*ithiinhe irthabitant houleholder rn the f?veral parilhesytowolKips, re^utod towrrlhip, "* o,\*ijrv (rfplaccjf, within the county or nd^ng reprefcnted by fueh member, by vwtut* rer.t^ \f ^f andiiJ purfuance of 'an order to be by the faii*fticek made for that pu»-? ptJfe t^ the high conftable of the diftrift, who fliaH and may thereupoiV iffue his warrant 'to the affenbrs of the feveral parilheS, townlbips, reputetir tbwnlhfp*or pfetes'as aforefatdi Vlib'IHall affcfs the»faftfe by dividing th^ fum to' be afleffcd according to the i-aies ihd propMtiOnS as affixed "to thte fef ^eral claffes, in ttieT^turrtmadc as hereinbefore mentioned, which rate« (half i>'i'/^uH7u>iu4k.KtS ftn *^f «^r<;^^»Vtf/wA#f C^V^^-flitlM^-' W.tj, ^^^^ MUtXA 4)0 levied by th }\\cC\.or tj manner herein hofi)rc dircflcd, »nd pairoporii()n or rutu <«ku«. I>,c allclkd as MtWjaid, Hy the fpff u oT ^uf lij) ".Vfli dc^)a tided of him *by tlu- (aid collcaorTit """■' fliali'&ndma^- W JaWWr ftrt»thi laidncolcttor to levy tht: fame by dittrcfsand laic ol fucli pcrlfv^Lflfrtmls ai(cl chattels, having Jiril obuiual a warrant for that purpolt; iu maiuK i hcr^:in bclprc dirctlcd. br 4iftrt& rtf A Of % piy- *fiii||^ -.. -..V. .V,. „..,, Mniiiti III uieir """'fclj-'iwv- hercby required to raife the fum ;;^'.**''^y*« Rfncral quarter lcnionriiHein4k(i, you are „..w« .« .««... uit luiii V* n '?^u" >"«f .^'^^nfj^P. '» luch mannef\7b7rienain Aa ofthc I.eginaiure o* th** rovuicr, for that pnrpofc, palled in the thirty-third year <^h..sprefcntM*je(lv's reign, is diretU-d, being the proportion of your town- Ihip (or panfh; forind towards the general dilirifct aJIeflment for defraying? 0.W cxpences oJ budding a gaol ^nd court ^oufe and keeping the fame u, re pa.r, for the payment of the gaolers falary, for the fuppo.iand maintenance ;«§ pnfoncrs, for budding and rcpauing houfes of correaion, fortheconftruc ii.»n and repainn^Qf brjdges and other purpofes in 4hc faid Ad mentioned. and iRTcof you are not to fad on the pcrii thai fliall enfue thereof Given under my hand ihif dfty of A. H. High Cooftafck. Form of at\ Affcflincnt, "'} AImS"'"' f'^^-*^^J''»g^Ix= expcnccst>f>,,«„, ,. J / X biMlding a gaol and court-houfe and kccbinc f«tr-x«t. . £a&te«m Di-vraicr fcnt Majefty. imituledl 5^n Aa ^ ^ ^^^ do believe i^e pofleficd of real or nr fnn ? "' knowledge and judgment, ^iluc of fifty pot nd and «o ^' . •^''"'' ''°P'">:' 8««^^ ""^ effetts, ^ the .1 ^ ^ ^ *'''""?'' *"£""^^««<>"ming to one hundred pounds, and who • arc vtf- V i,. ... fltli«> fhiHingl asd Cm poicc, in i# ■4 tui$ ,'■>•■» ktilk of.^ktif Y*^ and pix>pofftiuu oi the (ud atr-lftnciu. Clafii II. Containing the names of fuch iniaabitiuM houfchoiclcrstUvini^ within the townfhip atorefaid, as wc to the belt ot (xu kuawkU>;c 4ud judg- ment, bciieve are poireilod oi' real or pcrfoual property, good's or ctteCls to their own ufe, Ut the uaLuc of one buudrc4 {Hounds, and ngt nmunniw^ to one hundred and (iCty pounds, and wh(; arc Icvcrally arid each to pay tivc link ling^lnvolypc^ittt thcii rale an4 pjrc4>Ufti(9a of the iiiid aiitiimctit. af) : |;4tv iive IliU- lij^-f.) ip.?4 .Lit .w,i'l >ci» .1 ar jHiJa i ill. '« T ! i preamble, l»^ ' Glali Hi.' eontaitimg, Sec. Clafs V I II. •ContAiinj^, ■ Ax. :-^ > ' lurlt ^;:t ° i ,..*.u;. f /^' 'li" 1 '' r ; ^- j: i: J f J ^ . . • 5 i n\i >;ii xf ,iAfl^W by. u« i I . (t:^;|))* I AifvlFot ]^Jl**AG'*f /i rifair, p^imi$!k r>--^^"--- ■ ■ 'jli\^h*tjhs and- Ro\idiwitMntht<, pynvtn^.'- ■• ' * • • ' T Tf THF.REAS, the regulations hitRcrto in force ui tins Psovincc, for lay* V V ing out ihc publii*; ii^h'ways andn-onis, ^aad iwni i»vfi*t>^ ai>d icpiuiiiif* tlic fanu-, have been founcl iiiliilHcient. and nuieh. iiieoiixniicrKje a'ml com- plai^*5kavc Kh'b occulUincd dn-ieby •, lie it enacted by ibc Kuiv,':. tiioll e?:- cellciit Majellv, by and w ii li 1 lii,.ai i via: aiiJ. .,t:uiil'eui of the Le^iJk,ii\ f ('r)uiN ' oil and AliemGly oi'tlac Fro\ ince ol UfjJi/^-Ccniaddf eoivltituucl uinl aHi uibk'd by virtue of and under -t^w %iithn (or tite !^o.ret^iiii*iu ol iIk; l\aviiice//f ' €'iiim:\^ni '*,m:i lb?\V ii^l'liirJ, Oi.lJr»M'bvtiE»l rl)JtrUts ^Ubu\ tii %V;>^i.m-e.- fi^ l^arUment. Ci 4< H the ihirtj^thiri y€4P of Gto\vnfhip or placc^ whicii hij^liways and loads, fo Ijiid out, (hall be com- jnOn public highways. ." '' .' '" ' , •' V. Afi'dbe'tt'jurihr JUndMed by the Authority aforefiid. Tlut t^c viclth of Ihc ry^iids h.TcaiVer to be Wd out, llmli be left Ux the dilcietion of the com- hiiinonerti for the tiiuc bcln^, ol ihepariih, ^jwnlhip, or place, through whiclx /iijCh ivd\\,\ may j^afs, fo that the lame be not Iclls t^ian thirty feet, and donof £xccec|[Ji.^tj),' iid :. I^rovided Always, That the front roads on tl)C water, aaj between Qvcfy "c^ipcinon, Ijiall in no cafe "hi; lefs than lixly feet. ' VLAidUit^^itr Enisled, by the Aulhprity afarejaidy That alt- bridges hereafter U);b« bitjlt i^on any public highway or road, within this Province, ^hull not be U'fs thai» eighleen Jeet ii» width, and in order ta provide laateriaU ^rihc liMJie, it ihall aiKl may be lawlJul, for the laid overlecr*, to fjif«><'t 'ho labourers peVuiimiflg.luyviuci4 .and \fKi'X miii^^^i^. m \\\>i ^Kiilding o», lepiiwmg lacU bridges. ' " ' . , ,,^__ _ ^ r VJi. And be it fwrthcr EiiaHcd hy the Aiitlhority afore/uiJ^ Th^t whenever #iiy public hi-^hw^y orroad,.i.vi U)iK^tflV'(^iiJdthei■eol^,;^)J^l!K lec^rii^i <^i hi/s Majr>- f>\i|y.!8jec.is aiui oili^is,. w.ho .nAay,(t-r.ji'va on iljc faj.i,l.r,o^»-jL,. . Hrovj^ltjd al'lb, >n:(j,b*^ it^^Vk^i^tai, lUai wlwK:»vnyi;o>i'( iljiiU ltLa:tt|K:r,bc l^l^4uVtk»-{i<*^h mi ^l-.mfjkMa<*Si(i^-;-»'VC4flen« A'uh ihfi:0,viii;i or i)\viRr.s()iri;th,iucM)4ed Of i,)H)ro\c(l U,-iiev tre(i,4biM> i'"** julUois-plOic [JCiw;-,,atiViy •^iencral i|uarter kihoirs lOvbc hobten for the ji- ^'a^h^i'fiuSim iipunihUr^lX hc,.\i^^m ,?tr(j/..€ut'; j-i* >i>i>jj>;, -lihueHl .by ilw ' C4>nT.nnioiicv» Appomtmrnt 01' iritl*. iVil or imprnv- c.l l.iiij", thfo" wliiil) ,1 ro4'i may bchij aut. M '38 C. t- ■ f Inihe. tJnrif.fJnriyccit of (^m^t tkeffiirt ' A. D. H 793.' 'Sttki Se^^on JOHN GEAyi;S Sir^COR.. tSjjyUi^l£|- ai.a,UX£WANT ^OVCRJ-ORi .y.^ . jCumfiainioucrs making fucli view aforc^(|,, ''^ •^^9'" P'''^ce<^ing& on tlicp^- .luil'cs, and up')a giving fourteen days nbt^ce in writing, to ^he ownc.r or otli^ ^j>e.rlbt» intcrcfted iii the /aiffgcoimd, w tp}i«Vncr, or t£e}r.agcfit,^iigiiif'yiiig ap intctUlon to apply to Tuch quarter fe'flipns, fc^ the !.p,ivrp9^ c^' t^lfifig, |uclj ^j-ound, fha.U iiapannci a jury oftwclve'diUnterefted ra'en^Dut pf the pcribns returned to lervc as jiiry men, at fUch qiiaVteV felfio'ns', and the faid jui*y fliajl ' ;•" ' npoji their oaths to the bed of their judgment, airefs' iht dkmages to'bc givei^, ,. , • and rccomj5cn'ce to'bc made to the oVM^ Of ownci's, or others Intcrcitcd as i- EVcVt;on'*3Vio^<<>r«-'{"aid. l*fovidvd always, That ^H 'roads already marked, or laid out. T' ^ft tiqpi rition of the totd into a new <}irc4iioii. rue of this atV, and that noconipenJaiion ftaii be made to any perfon or pef • fijBs through jyhofe land (he fame may run : Provided always, that the laid roads beopcnea in the fame direttion' that was originally marked out. "* i„ VIII. /4rt<^^cii!/«r/Aer£«<7flf(/, That in all cafes where it Ihall be foun4 y .nfpSwo/ neceflary, bylhcfuid commilTioners to alter the dtreilion of any roadx>r hiah- ground Irit va- r.i. i i-r i -ini.t ' _ Ot% cantbytheuitt- va%-, io that the gfouod It formcvly occupied ftrall beoome unaeteflary Ibt bublLc purpoies, that theii and in fiKrh cafe, it (hatt and may be lawful for the fkid cdmrnffljoncTs, and they arc hereby required to difpofe <«" the faid ^f6uiid ; anti to that ejid,io caufe a jury to he fummoued by a yisafskol urwler their hands and leals, to eftimate the value -thereof, and the choice of firtt buy- ing t"he fame, according to fuch valitation, fhall be given to Ae owner of the. lands adjoining, on each fide ofi-he faid" road ; but in cafe the lands fhalj be'l long to different owners, thait then it fhall be c purrhafe the fame, and the monies .arising from fuch' fale, (hall be applied towards indemnifying the owner or owners of the lands^ as fuch road or highway may pafs through by fuch new direftion ; and fuclv. fale fo made, fhall be deemed valid and legal in all courtt of Jaw and '•quity within this Province. I X. And be it further EnaHed by the Authority aforefaid^ That fhe faid com-, railfioners for the time being, feall and may as they ihall judge proper anel neceflary, divide their jcfpettive pariftve.s, or townfhips into divisions, wbicir- they fhall allot to the ttverfcers ol the iiighway, and the faid ov«rfeerSf fliall, fuperinteod, repair Audltcep in ordcr^ the highways, roads, ftreets ajjd bridges inthcjf fcyexaldiyifions, and the faid ^ommiflioners or *he majoir part of thejn, may from time to time, order any ov(?rfeer to work jupoo juiy road or highway within hisdjvilion, as they fiiall thin!; neceflary, qud ti»c faid over- i«cr fliajl ttithiu ten days after having received fuch order, fummon fuch per«» fons wiihi" hiw divihon, as are obliged to perform dut^ «r labour, and let thtni U> work on fufh part o4ihe road or bigliway as they ihall be direti^ to amend or lay out, and fhall diic'A iiU ^jcrfons pcri'orming labour «n the; faid highways and roads, to deflroy as much as may be in tlxir power, all btjrrs, 'bifties, and other weeds, that arc huni'ul to the piirpofcs of kufliondry, and in cafe Divilom df townlhips, *e. to the over- leers, who fha 1 Ai^riiitenJ the r'e^airing of raids ill their rcfpeclift iW\» NurtfuiwceJi tB be licllroyed. firfi Parliament. C. 4. 7nMf Thiriy-tkird year of Ceorge the Third. ■ A. D. £793. 39 eafe «>f !ti»y *^iifut negrca, every perfon ncgkaiiig or trfunng to f»l)cy fuch ^j-ders, fhall be fubj«<-t to ihe like penalty as if he iiaU hcca a wilful dtfauUcr for that day, or for luch time as he Ihali have ih Hc».leck(l or rtfiifcd, aiui if any overleer Ihall refufe ot ncglict to lainmau fucli'pcrfoiu as afordaid, and ^'*'"*-^ to letthejn to work on fuch roadof highway, as h« fliall be directed to lay out ox ajiiend, hc-ihall for every iucb neglect or refulal, forfeit the ium ol * twenty fljillings,. id be KtQvcreti in manner haxin after to be let forth. ' , X. And be nether Enabled ly the Authority afort [aid. Thai ihe ovcirfcc-ri li* »■> ^'• »e|i' lor every parifh, or townfhip, fhall liweraUy make out aud keep a lill, of c- *-'•'" °"'-'"^'* - very perlon who is, «wner of a car, cart or team, within their divihon, and ^ likewifeot all tlie inhabitants of fuch rfi»'iIion, who are liable uiidtr the di- reaions of thii aQ, to work upon the highwavi, wliich bit (hall be lubLcribed by the faid overfeers rcfpeaively, antf delivered in to the conuoillioiHrs of ihc •-><» d=ii»er<.jt», divihonto which they belong, within tw.enty days after they tfiall iiaxe been ^*^' '^^'^"""""'"•' appointedoveFfecrs.i)saforeikid, and the laid overfeers for every parifh, or ' perfon being a houfeholder or freeholder, fhall either in perfon or by a Cuf *»M ' hcieiit mamin his fteady bIc man to driv4 40 C..4-'/« the ThifmhiU year cj' Geo fge the Thirl A. D. 1793-' Second SeJjuiA "' ?. Tfict rfjiir^. . P<.itUv for iii- f*j!1'C\r:,t (lil'- ch*-(i' uf lint)'. «t » ■ ■ i. 1 ^ - * fj/erfffri to give notice of the time and ;l»ce of per- iormiiig luch duty on rhe bigliwayt. . fenalty for nc. gleitinj or d f- obevir.g luch houlc lOHN OKAVKS SIMCOt t^jQUIRE, LIEUTliNANT OOVi:RN cons, when re^utfite, . Fenalty. ».|4 C. 4. Tn the Mrtj^4hJrift$ro/ George ihe Thirl A. D. 1793, Smni S«J/ht9 I • ' JOH»« CHAVEZ SIMCOE ESftUIRE, MEUTENAI+T GOVERNQR, • . -'■'■■ ■ • ■ \ •«'■■'. "fifSJftir? ' ted or hindered, it (hall and may be lawful for the overfeers of the towjw. lownlhips or parilhe?, through which the faid highway inay run, ahtl they are .hereby required to order and direfcl fuch and fo many as they fhalldeem Ac ceffary of the fre^Mders or houfeholders next adjftining the fame, being pbf- defied of a fleigh, gr fledge. and team, to open a free pWage tin ough the faid highwav, by driving or wufjpg their fleigh or fledge to be driven over and through the faSd highway, , v ^ XX^ And.wherea^,^oftct^ happens, thjit after falls or drifts of fnow, the highways thrpugh fcveral parts of this Province, are fo covered over "as to ^eaye no vihble tr^^r jjath to guide travellers, particularly where the faid highway? pais through extenfive cleared fields, (or for the fake of ihorteninff the comraum^awon in the winter) over ?nd dlong rivers or bodies of frozen water ;,Be it therefot^ e^paCted by the. authority aforefaid, That in fuch cales .. >t Ihidl anct ipay be lawful for the bverfeers, and they are herehy required to warn and jiireti.^e houieljoldefs and freeholders in fuch pariflics, townfhips or places refpethvely, to ereM or fet up flakes or beacons on each lide of the faid highway, road or common pajh, fo as to dired travellers, particularly at night and m bad weather; and any houfefiolder or freeholder negledingor re- fuhng to obey fuch fummons, and, perform fuch duty or labour, Ihall be lia bletothe fame penalties, fines and forfeitures as thole negleding to perform their proportion of duty or labour on the highway, as herein before mention ed, and to be recovered in like' manner. XXII. And be it further £na6ted by the Authority ajbre/aid, That it fliall and may be lawful for any two or more jultices of the peace within their re- Ipedive divifions, and they are hereby empowered from time to time, whene- ver they ftiall judge proper, to hold any fpccial feffions befides that which is herein before directed in the month of March,- for executing the purpofes of this Aa, and to adjourn the fame from time to time, as they ftiall think fit caufing notice to be given of the time and place of holding fuch fpecial fef! (ions and of the adjournments thereof, to the feveral jultices ading and refidi ing within fuch limits, by the conllable or other proper officer within the fame. XXIII. Provided always, and be it further Ena^ed, That if any atlion or fuit, fliall be commenced againft any p^rfon or perfons for any thing done or aded in purfwance of this Ad, then and in every fuch cafe, fuch adion or fuit ftiall be commenced or profecuted within three calendar months after the fafcl committed and not afterwards, and the defendant or defendants in any fuch adion or fuit ftiall and may plead the general iflue, and give, this ad and the fpecial matter in evidence at any trial to be had thereupon, and that the fame .was done in purfuance and by the authority of the prefent ad, and if the fame fliall appear to have been fo done, or if any fuch adion or fuit (hall be brought after the time limited for bringing the fame, then the jury fcall find for the defendant or defendants, or if the plaintiff or plaintiffs fhall become non-fuit or difcontinue his, her or their adion, after the defendant or defen- ifthts ihall have appeared, the defendant or defendants Ihall and may recoler .' treble .Two or more juftices na»y hold any fpe- cial ftffions for the purpofes of XAieiis r«ufideii' •D things done in purfuance of this aft, to be connunced vithin th(ee 9K>Uhi. fUMintiffn pay trebb cofts on Bonftvt or dtf> I >793- U rrM t/Qmg, th, ThtH. A. D. JJ.f^'c^fc^b;".t'"'''''''''''"'"''^ "" '"^'"""'^ '""^f. as in any 0. p.LJ * XXIV. And he it further EnaElcd bv the Auihnriiv nfnr^r^iA t^u^. '•" ■" *'^<"" **" (on who fhall Iv. ft^i,^^ «f . ' u j j Auinority ajorefma. That any per- p'o nee to p». ion wno mall be leized of two hundred acres of Jand or more within thi. Pro ^" """""y ' vince, and (ha 1 not refide in the faid Pmvinr^ Zu ^ ^ ^'°' '"""'' '»"»y. T<>-/«''. That m order .o Marriages hereiofore con. trarted, before anyperlon in pubi.c employ, ment, deslarei valid. ^ I - andtheiflu* thereof legi(i^ mate. , j -1 1 * H Method of prf Serving the tef. , timony of f||t|^ muha|es. f ■ ■ !' 4i C. 5 o 4jtl) ef the wife. In ila eJtirt)>-ikir4year' of Gror^e ike Tfthd. ' A.^^^M-' StmiS^m JOHN ORAVU SIMCOR ^S^JU^RE^ UEUTENAN:^- GOVERNOR. may be lawful at any lime within three years from the paffiiig of lhi« A^i fi^ any rtiaaittraicofthe d.liritt where- any fuclv pani«» as may have ouiuraitcd matrimony a« aforrfaid, Ihall rchde, at ihc reouett^of either of ibe iaid |>al- lies, to adminilkr the toUow jng oath to ihehulband : >,hofth.h«f. «' I^A.3.dof^rninlyfwearHnikefrif^nceo/J'MisfUyi;od,.tha^ ^ ,t,k' "''^- ^^ liclyinUrwarrywUkCD.at m thf ./"^/A r -j^^^iZ « yearofourUrd and that there li now living tjue of the fatdmarxuise «» (aiihs cajtmayhe) * r. B. horn on the dm of M. B. born on the day of And to adminifter the toliowing Oftth to the Wife .V t « / C. D. "do foUmr '. mar in the prejence oj Ahnig^hty God, that J did /ntblU- « ly intermarry witi. A. B. ut on the Jay of *^ j^* « year of our Lord and that there is now living vJma ofthejaid maq\%e ■«' fas' the cafe may bej T. B. born on the day of M. B. born on the day of ' , Wimb form of atteiUiion fliall be fubfcribed by the ^^V^l^f^^^'^^ under the hand and fealof the mag.ftrate ad^mniftermg the faid o,th ^hp Jhall l,e entitled to demand and receive one ihtU.ng ^"'^j,";^ rtSwo'e^ that U IhuU and may be lawful for the clerk of the P^fjf "»^[^.f^^^^^^^^ 'l^""^^ and record, and he .s hereby required, upon the payment of the ium ot two fl iUi 1 o emer arid record fuch atteUation, duly certified ^^/^J^*^'^' »» * b ok u ■ eKulr to be by him kept for that purpofe ; and thatfuch regUler v a atte tted\opy therc^-, >v- inch copy the laidckrk, .s hereby required tp n^^ke o tl on the pa luent of the fum of two IhiUings to deliveif to any rrfon eua tino il>c Lne, Ihall be held and uken as fulhc^nt evidence of ludlmarrlag" andthebuthofi^^^^ children m all his Majeliyscourt. of law and equity. • -i r «u, . Ill And he it further EnaBed by the Authority afarefatd, Thit Will i^ time as thm- liiall be live parfous or mimtters of the church of England, leve- aUv incumbent ordoiuRdUity oi>and intheu refpedive panlbes or place of re le ce^X^^ this Province, fuch P*"^"*^ .'^^»'« "«.«;;• S aV/vcam>n.Ll difai)i%,aHdar6dehrousof irltercaarrying|«..th^ td« there th^^^^ or n^u e o he churchofEngtand, may apply-to any ,neighb«uruvg^uft»^ •of t^e eace within the didnct, and declaim '^t^'^'^f^'T'^'^t^^J^^ ^ay be lawful for the faidjuaicc,ti>eaulc tobe -^^^'^j/^^^J^S^^^^^^^^^^^^^ llithin thL- townfhiD or parifh wherein the parties reiide, or it they mouio ic- r ^diS tbw»|h}ps or panfties. tknin the n^oft -public , pl^e vyithin Winner of en- tering the lame 01 record ; the rcp'Ulor of luch recorj, or an aitelKd copy thfr.'ct' to he lulhcient evi- dence. RfgiilitioBS for the future ctie- ftia.iun oi mar- ruges. CWfUtnft^nces under which it i:i.iy be lawful for a juftuc to fo'i-imiiie mar- rlsgc. I JKi]|l H^iUment, C. 5. inthi lkh^4hirl jftMf tf Gtot£$ the Third. A. D. 1793. ^ (( are defirous of intermar- PubUtaotiM, 01 miiiiltcr of the church Whereas A. B. of and C. D. of (* ryi«)( with each otheri aod there being uuparfqa •* ot'Ett^iand iivmg within eighteen miles of {haiw o( eiik^er of thctn, all per- w fftns who know any juft impedhnetit why rhey ihould not Rejoined in ma " trimooy, arc lo^ive noike thereorttt £. t\ ffquirc, pf , one of hi^ »• Majefty's juftice»6rihe peace fo^ Che dmrict." And if na vaH4 pUj^^^V,'^ ^^f^^ ^^'- tK*en,ntadc tofuch intended n;]^rriage when three Sundays have i^riuirvcnc'd aftcr'the pUbJic^ioiVof the faid aoiice, it ftiail and HMy be lawful i'6r the laid mu^iflrate t6|,protccd to Iblcinnize the marriage, according to the form prefcribcd by the church of England, and to give to the parties a cffrtiticate thereof, in the following form, Tor which he fhall be entitle^ to, receive ibe iuro of one ihilUng, aivd no more : *♦ Whereas. A. B. of ,; ii^nd C. D. of were delirous «fiotcrmar- <• ryiiig wisih each other, and Uiere being tio parfv,n orminillcr ofthe church w of JtngUn4» living ;vwitina eighteen mues of them or either uf them, ihcy *» have applied to me for that |)urp(>fc ; now ihefe aix? to ccriify, that in pur> " fuance of the powers griMUcd by Ax:t of the Legillaturc uf this Province^ «« paiied in the thirty-third year of Majelty's reign, I A. li. one of his Ma., ** jelly's jultices of the|>eacc, haviiij^ cauled the previous notice by the Ita-. " tutc required to be given, have this day maiiried the laid A. B. and C. D. « together, and they are become legally contracted to each other in marriage." i Which certificate ihall be ligned by the parties, and alio by any two or more perfwns prefent at the faid marriage, aiui fuch inarriagf Ihall be good and valid in law to all intents and purpoles whatever. And that upon appli- cation for that purpofemade, the clerk of the peace for the laid diUrict Ihall and may, and he i^s hereby required to rcgiftpr the faid ceriihcate in a book for that purpole by him to be kept, and that it ihall and may be lawful tor him to demand and receive the funi ot twolhillings for regilteiini^ the fame, and tl)at fuch regiiier, or an attefted copy thereof, which ilur lam clerk is hereby required (o make and deliver to any perlon requeltirig the lame, and paying for it the fum of two fhillmgs, Ihali be held and taken to be fuliicient evi- dence of fueh marriage in all his Majelty's Courts of law and equity. l ''W. And be it further Enabled by the Authority ajortjaul^ That if any perfon fti^all after the paHing of this Act, make, alter, forge or counterfeit, or caufe or procure to be falfely made, altered, forged or counterfeited, or atl or alfift in fallcly Inakrng, altering, forging or counterfeiting, any liich certificate of marriage as herein before is required to be given, or Ihall knowingly and wil- 4^Uy.- *'-. . /, I.I) J') >>» ,( tr, WAOli'i I. ,„i*, U , j;:(W. ,i Ji.C V J . . .' ;. ♦' Ot marriages or any part of fuchregijlcjr book, wjthlin Intent toaVoid iinv njarria^c, every ptr(c)n fo oflcriding, aiici, being tbcreoHa'W fully Vonvitt^id, flijill ;for fuch offcnc^ luiJ'er iucn iin^^ gjul i'niprilc)i)pnent as tb iht court (hail feem meet, pVovided Tucl^ 'ji^i)riu)nin«;iu |)e in ^ie CQipmpn'jjabl of theiiil- trifcl, for a term not lelV than twelve calendar months. '''•"' v \ tventuil ititt. minnlion te fe. noJ "t the uow» ert vellej in iullici'j to fb' lemiiize mar> tiaje. -I 1 or mini . Provided always^^'h.^it'wticn and i'otbpn'^*3]'therc%*ifl'!},i;^ fl[V linifter.so/tKechuVcfiiofErtglVnd, levexally mcumtJentaiid do "••'•"•--■''--"■ Vpaiilhesor,/i)laQ^s orreji(\^'ti(?ej,rn'Briy dMe/ " tlje authority l^ereii^ |)V(orc merTlf* the ju within th<£ir rd'pctlive in this j)xnvince^ iliat t peace, wiihin'lu^h dillritt t'c )r tlic purpoles afordaidi man c^aie and deter H-come publicly known when fuch a nUm Method of af. crrtaining fuch event. Pfniilfy for fo- Icir.nizing mai- riage alter luch CViiiti . s nnd the mar- tf^igetobe void. No valid objec- tion to a maf- ruige, it's not fc-.-iiig telebrated ill a church ot: chapel. Proipulgatlon of e parfdn^ oing duty^ diftritt with- ifticci d\ the and to the end that itniay becoine puKjicIy khowrf \vlief>**luch a'namberof parforre' dr'rtinifters ai'c incumbent wiihta aiiy diftri6l, it fhallrfhdmaytjc lawful' loi-'tht^goyernoi^, lieu'tcjiartt govrirtior orperfon aaminifterM,g ihego- verrimeht of this provinccj aricl Kd is hereby required to give hoticc thereof^' by aninltrumcnt under his hand and.fcal'to the firtt' general quarter lielhbns to be hqldert for ihc faid diUritI:, certifying that thtfrfe are five parions or mi- mftcrs qf the church of England, fc^cla^ly incutnbent, and doing duty, with- in their refpectiVe parjfhes,or places of abode in the laid dillrifct, and tiiat therefore the prdvilions herein before made, authorizing the juUices 6f rfie peace to folcinnizc matrimony, have ceafed and determined within the fald diitrict, which laid inllruinent ihuU be publicly read before the jultices 4n quarter felhonsallembled, and kept and prelerviBii by the clerk of the peace* among the records of the faiddiltritt, and from and aftcar the publication of iuch notice, it IhaJI not be lawful for any jullice of the peace within fuch dif, tritt, to perform the marriage ceremony \ and if any jullice of the peace within tlie diftritt where Inch notification fhall have been made in manner afurefaidi (hall after the publication thereof, knowingly and wilfully • pretend to per^ form the marriage ceremony, between any peifons under or, by; virtue of the powers of this att, or under any pretence whatever, he iliall sfor every fuch oft fence, forfeit and pay the fum of twenty pounds, one moiety thereof to his Majefty, his heirs and lucceflors for the public ules of the province, and the fupport of the government thereof, and the other moiety to any perfon who fhall fue for the fame by action of debt, plaint, bill or information, in any of his Majdly's courts of record within this province, and fuch ptetended raar- riagc fo performed, fljall be null and void to all intents aijd purpoijss whatc^ vcr, :,..,'■ VI. And be it further Ena^ti, hy the Authority ^oreJaidfTheitk fjfiall boftO valid objection to the legality of any marriage heretotore iolemnized by iny parion or minifler, either by licence, or after due publication of banns, or hereafter to be folemnized in manner aforefaid, or by anyjuiticeof thepeaccj duly authorized under the provifions of this act, that the lame was not Iblem- nizcdin a church or chapeJ: duJy confecrated, Bor (haU any fucbmarriage oq account thereofjbe h|:ldor4akin to ihe 'thirly.thitijyear ofGtditJi t/tt pird. A. &. after the paffmj? ifiereof, and once in every year for two years followihe 8t ihc (juaritT icilions to be holden in the inoiuh ot janue'ry. * CHAP. VI. Jn ACT to fii tht Timei and Places of holding the Courts of General Quarter SejiomoJ the peuce wit htn the fever al Dijhigli of this Province. VirilEREAS It is ncceflary to fix the times and platw for holding il^e V Jf courts ot general ItlLons of the peace wilhin the leveral diiTrKls in this Province ; Be it enaded by the KinH's mofl exctllcni Maielly br .and with the advice and confcnt of the lc}.ina(iv>e council and afkinhly of the Province of Upper Canada, conftiluted and a0tnibUd by viifueot and under the authority of an Att pafled in the parJiainent of Great Brilmn in- • lifuled, ''An Ah lo repeal dtriain part.s of an Att pafled tn the fourtcenih year of his MajeRy's rei«n, intituled, " An Act for making more elFeHual provilion for the government of the Province of Quebec, m North Ame- rica, and to make further provifion ftor the govenmioni «jf the fjiid Pro vince," and by the authority of the farae» That from and after the pafTine of Ihi.s Afctj the leveral courts of general feflions of the peace within this • prov)ftce,.refpeHiVely, Ihall commence and be holden at the times and .Jlaccs hereinafter mentioned, yearly and in every year, ihar h to fay That the courts «f general quarter fellions of the peace for tlic Eaf^ern dif- tiitt of this Provinte, fhall commence and be holden in New Johnflown .on the fecoiid Tuefday in the month of Ottober, and on tlie lecond 1 uefday in the month of April ; and in the town of Cornwall, on the fe- ^ond ruelday in the month of January, and On ihe fecond Tuefday in the month of July. U. And he u Enacted, That the courts of general quarter fefTions of the beace iv i ! . Midland dilirict of this Province, fhall commence and be hoidc:. .,1 yictolp'us Tum:, on the fecond Tueiuay in the month of lulv* and on thefccoi.. Tuefday in the month of January ; and in Kingjlon, on the Iccond fuelday ui the month of April, and on the fecond TueiUav iii the month of Otrtober. ' HI. And /"• H Enaaed, that the courts of general quarter feffions of |he pc;.ce (or the iJome diflria of thi. Province, fhaii commence and be *olden XV. the town of Newark, on the fecond Tuefday in the month of July, on the fecond Tuefday in the month of October, on the fecond Tuefday in the month of January, and on the fecond Tuefday in the month of April. ' IV. Andbtit EnaHed, That the courts of geheral quarter fefTions of the peace for the Weiimid.ffritt o< this Province, fhall commence and be nolden in the town of Daroit, ., the fecond Tuefday in the month of July, on the fecond Tuefday m .;. month of Ofctober, on the fecond lueiday in the month of January, and on (he fecond Tuefday in the JDonth of April. ^ ^ V. And be u further EnaBed, Tt a court of fpccial fefTions of the peace Ihall commence and be holoeh, yearly and in every year, in the WWII ot Michiiimacktnact on the fecoftd Tuciday in the month of July. ^ . CH^P. VII. 'm i9 yr«»a^lH|. Time an9 ylic* of holding tht i|iurter rcflioiic in the Ea Icrn diftriA. Inthf Midliat diftriA. In the HsBK) diftrict. In the Wefterfe Diflria. Special fefliaat »t M.chilimw* kinack. • il §0 C. f . *• the thirty-thirS year bj Oeorge the Third. A. f). 1 753. Second Sejtuff ilOHH AHAVt^ tlMCOft ISf^UIRE, LtEUTKNANT CUVKANOr.i CHAP. VII. Slaveu and fkitaMt. Recitjl ef A The r»ine ia fart rcfe^led. Provifions a- ^i;i(l the fur* thtr iiiro.lut- tipn of Atves. I'erm of fervi- tude by contrail limited. The owners of {lavet at prefent •within the Pro- >ince, coi)iirui> ed in their pro» p«rty therein. Ilothmg htreiii •dextend tdcon- tnt\s for fer- Hice already made, nor to parents or guar- 4iM». An ACT (0 prevent the further introduBion oj ConiraHiJor HervUude ■within this Province, WHEREAS it is unjuil that a people who enjoy freedom by Uw Ihoutd cncouragt: ihe intrudiittion ut iluvcs, and whereas it ib hi^lv> ly expedient to abohlli llavery in this Province, lo tar as the lame may gradually be done without violating private property ; Be it enacicd by the King^s ftnoU excellent Majelly, by and with the advice and corvfeni ot the kgillati^ council and allembly of the Province of Upper-Canada^ coiifti- tuledand^alknibled by virtue of and under the authority of an Ai:t palled in the parliament of Great Britain^ intituled, " An Act to repeal certaii^ parts of an Atl palfed iu the fourteenth year of hii Majelly's reign, inti- tuled, " An Ad for making more elfeciual provilion lor the gpvernmcnl of the Province of Quebec^ \i\ North America^ and to make further provi- fion forlhc government of the faid Province," and by the authority of the lame, That from and after the palling of this A<:1, fo much of a ccrtairy Att of the parliament of Great Bruain^ palled in the thirtieth year of hiif il|^efenf*!N4ajelly, intituled, " Ar» Act for e icoucaging new feitlers in hi[|t, Majelly's colonies and plantations u\ America^' as may cnaiile the govcN nor, or lieutenant governor of this Province, heieit»forc parcel of his Mi- jelly's Province of QiubeCy to gram a licence foi imparting into the fame, any Negro or Negroes, (hall be, aiui the fatn^: is hereby repealed ; and. that from and after the palling of this Acl, it Ihall not be lawtul lor the go- vernor, lieutenant governor, or perlon aUmiuillenng the government of, this Province, to grant a licence for the importation of any Negro, or other perlon to be liibjected to- ihe condition ot a Have, or to a boundea involuntary fervice lor liie, into any part of this Province; nor Ihall any Negro, or other perlon whu Ihall come or be biought into this Province after the palling of this Act, be liibject to the condition of a Have, or ta futh fervice as aforefaid, within this Province, nor Ihall any voluntary, coiitratt of fervice or indentures that may be entered into by any parties- within this Province, after the palling ot this Act, be binding on them, or, either of them, for a longer time than a term of nine years, from the day pf the date of fuch coiurad. II. Provided always. That nothing herein contained fliall extend, or be conllrued to extend to liberate any negroe, or other perlon fubjected to, fuch fervice as aforefaid, or to difcharge them or any of them froiii the pof. feliion of the owner thereof, his or her executors, adramiltrators or alligns^ who Ihall have come or been brought into this province, in conformity tg^ the coJiditions prcfcribed by any authority for that purpole excrcifed, or by any ordinance or law of the province of Quebec, or by proclamation o^ any of his Majelly's Governors of the faid province for the time being, oj of any Ad of the Parliament of QrecU Britain, or fl^all have otherwile have come into the poffelQon of any perfon, by gift, bequcll or bonajidc purchafe before the paffing of this Ad, whofe property therein is hereby, contirmed, or to vacate or annul any contratl for fervice that may here- tofore have been lawfully made and ent«yred into, or to prevent parents or auardians from bindincout children ootiUhey IbaU have obtained the age «f twenty>one yeafs« 11^ #iV/ Pofhamtnt. C. 7. In thi thtriy.thirdyear o/Gfo>'gf the ThirS. A. ft . 179*. 5t Vha chlUrfQ 'I ftmiU to rr. Ihe fer. vice 01 the own. «' 'i| ihcir mo. vi„r/';i^ ] „ / 7/ i yr '^'' continuation offlavcry within this pro- th." ! :. '[,^'''^^l\^y*f'\^^^^honty aorrjaid, That innn/diatcly fron. and t*' '1 Jhcr, or oiiit-r woman (ubjcttcd to fuch ll-rvicc a, alorda.,!, fhall abuka. t "rV,^ mna.n w. h .he ma(»cr oxufu.h in whofe (crvicc the mother (hall t v r"^'" ^ inch fcnite by and wtth theconfcnt of fuch n.ancr ornMllrcfs) and f tT r'"'"*'Vrd ...a Icr or miftrcfs (hall, and is hrrcby required to give prouc, mm Om n^ '* ""''•""'• •nd c loathmR toiuch thild ur ch-hlr^n, a'nd (h.ll iri^ „^.v' p«r d cM 3 *.r children to Kj.rk, when he, fj.e or they /hall be able fo (Jdo. ind nValf *nd mny rtta... hun or her in the.r fervicc unt.) every fuch ch.ld (h"ll h v2 auajned then,..- of -twenty five years, at which time they Tnd ch o ,hrrt ./hall be intitled to demand his or her difcharac (ro.n zaA^lSUi\i? ..hafged by (nch frailer or m,are(sjr6rn any hmh':r l;"^^^^^ .*a the age o( Arch child or children m^y be more cafdy afiertaln.d the ■""'•^•^-'*. .eaule rt.t dav of the bir.h of every (uch child as ihall be born o? a Necro .«r other motl^er, fubjetKrd to the condition of a flave, in thetr (iTrvice^as «l '[hl^n; ''^'^"^'"^ ^''^'" '^''' '"°"<''^ -"^^' "^ birth, by the dei 1 u n^\T^^'^ ""' place whqrein fuch mafter or miffrefs re(^dc Snllit 7 ^^'V^' '"^^'^^^ '"^^"'-^^ an. receive the "rS o7 o^e' flnll ng, (or regifiering the fame. And in cafe any mafter or tnittrJu^^n * .^ "id '^n^; fhlf b' '"^ "".^ 'ri' '^«'"" '" ^^' 'n-drwithln^^rt' m fore" f^^ t'^ JaicJ, and Ihall be convjfctcd thcreo , e thcr on his or her cnnfrtv,..., ^ iT T"} ""«•»* the oa,h of one or more trod.ble w'.tnels, orwitrfle^bcS ny"',uftic'e .0 he peace, heorihc (haH, (or every fuch offence, forfntandV^ he iumui hve pounds, to the public flock of the dillrid ^^ nial.er or nultreks Ihall detain anv Inch ch.ld birn in their fervce as afar/ ""V ""'-/" irrvl u 7, l'''"'"*-<'' tnisAti, under any pretence whatever, after ftich ''"''*'«• (cna.t Ihall have a.umed the age of iwen.y-hve years, excep bv vm..^ o a co,ma.t of l.rvice, or inocntures, oily and vo lu.'tar fy execi "d alter fuch aifcharge as aforefaid, it fhall and Jay be lawful for LchTvant' ojpl) lor a ci.charge to any of his Majefiy Jjuflices of hepe^ee who lh.il and IS hereby required thereupon to iffue a lun>mons to fuch maUer o m.ilrefs, to appca, bef<,re him to (hew caufe, why fuch fervant (hot^M i^o be diicharged, ana the proof that fuch fervant is unde. the a^e oA^^^^^^^ nejears, ball refl upon a,,d be adduced by the mafter or nXS^^^ frovr «. lervant; otheiwilc it fhall and may be lawful for the faiS uUicl to^w'' '•>'■& S nc?(lat\fh"(i;anT^''"r,^^rt^^'^'^- P-vtdedTays Th ; S^ '' ncdle any iHuc (hall be born of fuch children, durins their infant f^Vvi V^ ^«d be itjurther EnaHtd, That whenever any mafter 6r m\(^r^f. thel f^W «J/^'-<-'iy P-'on fubjea to the conLiotfoTa f ave tot ^^^ ^L^ o thechurcL t\^ "' 1'' ^'"?"['^'' ^ive good and fufficient (ecuri^ "'"'^""'' hat the n/w r ^'^V'^^'f [^^"« "* «he parifh or townfhip where they livZ CHAP. VIII, f. C 8 i ' t; (« 51 C. 8. h tht thirty-thiriyear &/Ceorgt the Third. A. D. 1793. Second SeJ^m JOHN CRAVES SIMCOE ESQUIRE, JLIEUrENANT GOVERNOR. CHAP. VIII. VfCMM w kite. An ACT io eJiabUpi a Court of Probate tn this Province, and aljo 0' Surrogate Court in every Dijiri£t thereof. 'HEREAS it is expedient to eftablilh a court for the purpofe of granting probate of wills and committiiig letters of adiianiltratioqi of the goodi. of perfons dying inteitaie, having perfonal eftate within thia Province; Ble it enafcied by the King's molt excellent .Majtfty,, by and. t»ith the advice and conlent of the legiUative council and aflerobly of the, Province of Upper-Canada^ conliituted and affembled by virtue of and under the authority of an Ad, pafled in the parliament of Great Britain, intituled, " An Atl to repeal certain parts of an A£k, pafled in the four^ tieenth year of his Majelly's reign, intituled, " An Att for making n»ore ' cffefctual provilion for the government of the Province of Quebec^ ii* North America f and to make further provilion for the government of the faid Province," and by the authority of the fame, That there be confti- Ccnftimiioaaaa ^^^cd and eltablilhed, and there is hereby conltuutcd and eftablilhed, a* jurifdiftion of court with fulI power and authority to iffue procefs and hold cognizance of thccourtofpro. ^ji flatters relative to the granting' of probates, and committing letters ofi adrainillration, and to grant probates o^ wills, and commit letters of ad-? miniftration of the goods of perfons dying inteftaie, having perfonal eftate^ rights and credits within this Province, to be calkd and k-nown by the name of the Court of Probate of the Province of Upper-Canada^ and that the- governor, lieutenant governor, or perfon adminiftering the governmenl- thereof, Ihall preiide m the faid court, to l\ear, give, order or decree, or pronounce judgment in all queftions, caufcs or fuits that may be brought- before him> relative to the matters aforefaid, and that for luch purpofe he may from time to time, when he ihall be io difpofed, call fuch perfon or perfons as he fhail tliiuk proper, to be affefior or aUeffors with him, and that it ihall and may be lawful ibr the governor, lieutenant governor, or peribn adminiltering the government in this Province, to nominate and- appoint from time to time, an official principal of the laid court, together with a regiiter and luch olBcers as may be ncceffary for the exercife of the jurilUidiou to the faid court belonging. a. And whereas it will be conveniem for the inhabitants of this Pro- vince to be enabled to obtain probate of wills, and letters of adrniniflra- tion within their feveral di(lrids> lie it cnatled by the authority afbrciaid. That itfliall and may be lawful for the governor,, lieutenant governor, or perfon admiixitkring the government in this Province, to iniUlute, and he is hereby authorized to inltitute by commiilion under the great feal of this jProvince, in each and every diitritt thereof, a court for tlie purpofe of granting probate of wills, and letters of adminiftration of the goods of per- sons dymg inteilate, having perfonal eftate vviihiiv the limits of each dif- tritt refpedively, which courts fliall be feverally called and known by the names of the Surrogate Court of the Eaitern diftrid, the Surrogate Court of the Midland diaVid* the Surrogate Court of the Home Diftrid, and the Surrogate Court of the Wcl^rn diftrict, anc^alfo to appoint from time to time, a furrogate to preiide as judge in each of the laid courts, to hear, |(ive|^rUer| or decree^er pronauoce juU^mciu ia «ui «4wcfiidfis, cau.ls Oi Jl^ftitution of a iirrogate court in each dilUiit. Jfirji Parliament C. 8. In the thirty-third year of Ceorg^ ih^ Thir^A. D. 1793. 53 foils, that may be brought before him, relative to the faid matters, and alfo from time to time, to nominate arid appoint a fit and proper perfon to be regilter, and alio fuch officers as may be necefFary for the cxercifc of the jurifdiction to the faid courts belonging, and that each, and every of the ., iiaid courts fhall have i'ull power and authority to ifTue procefs and hold cog- nizance of all matters relative to the granting of the probate of wills and letters of adminiUration, and to grant probate of wills, and commit letters ' " of adminiUration of all and lingular the goods and effects, rights and cre- dits of perfoiis dying inteftate, wiiliin the liBiits of their refpeciive diltricts, except in the cafes herein after mentioned. 3. Provided always^ That in all cates where a tcftator or inteftate (half die polfefled of goods, chattels or credits to the amount of five pounds in any diftritt, other than that in whicli lie ui'ually reiided at the time of his deceafe, or when any icltator or intelUte ihaltdie polleflcd of goo; Is to the* value of five pounds, in two or more feveral diftrkls within this Province, the probate of fuch will and letters, ofadmi-niftration of the goods and ef- fefcts of fuch perfon Iball be granted by the Court of probate only, and not by any funogate court* ^ 4. And in order to give due authen-ticity to the Afts and proceedings of seai o/eaciioi tHe laid feveral courts, Be ii £naded by the Autliority aforefaid, ThafeacU ^J^* f»^4'eo"fw» of the faid courts be prmided with a fuitabk teal j that on the Teal of the court of probate be inicribedthc name of the Province, and on the (evcral feals of the fuTrogatc courts the name of the diftritt, over whicn its iurif- djdion extends, and riiat a particular defci iption of fuch feals be relfpec- tively fentto tht office of the Secretary ot tlie Province I'o be kept among the iTcords of the Province. 5. Provided aiuiay^^ TJi^t no perfan fhall be intitled or quahfied to en- nn- upon or execute the office of iurrogate in any of the courts fo to be ef- tabliihcd, until after he (hall hsve takeiithe following oath : " / A. B. do fokmnly promife aiid fzu ear,, that I will honejlly and im- Oathofthefur- '■^ partially exe.culeilie ojice of according to the Ixjl of my '°s»te- ; *'' knouncdge and ability. "So help me God." And tluu no pcrion fiiall be intitled or efuaTiiTed to aB as a regiiler in any <»f tlic laid courts unt 1 alter he Ihall Iwve taken the followmg oath: When feiVator or inirftite ditt poffeffed of chat- tels or credils ir» diffsrent dil'. trifts, probate of the wi'l and Inters of admi- niftration (h,ill be granted by th« court of pro- bate only. A dercrtftwik whereof (o be lent to the i't- cretiry't office. / A. B. do promife and fweavf that I xM diligently and faithfully Oath of " execiUeiUe office of and that I will not knowingly permit s*'^"* the I 'giy pt " or fajjcr any aUeratioriy ohluf ration- or de/lruSlion to be made or " dent by myjslf or oJien, on any mills or lejtamerdary papers com- " muttdto my charge. « So help me Goo." 6. And be it EnaSted by the Authority aforefaid^ That every will or tefla- ttientary paper, which (hall be duly proved, approved and inf'inuated in the court ot probate, or in any furrogate court within this Province, fhall be ktptiiiid prelcrvcd among the records of the faid court, and that a iranfcript """■!•»"'« ">e thercofdulyauihenticaied under the fi-al of the laid court, ffiall be taken- of dui7"S to be held a Every will «r tertcmentary paper to be kept as recorded ia andicceivcd as the regular probate of fucii will or teftanientary paper, Co far as the lame may regard the difpolai of any perfonal eftate or effects, in all and every of his Majefty's courts within this Province, or wherever it 4iiay be neceflarv to oroduce the fauM". fufficient bale. jro» '% i;1 r And Circumftances required (o rcii. Uer nuncftpilivc wills good. I S4 C. 8. In the ihirtylhirdyear of George the Third, A. D. 175^. Second Sefiefi JOHN GRAVES SIMCOE ESQUIRE, LIEUTENANT GOVERNOR. X 7. And be it Enacted by the Authority aforejaid, That from and after the pairing of this Atl, no nuncupative will, fhall be good where the eltate thereby bequeathed fliall exceed the value of thirty pounds, that is not proved by the oaths of three witneffes at the lead, that were prefent at the itialung thereof, nor unlefs it be proved thatthe teflator at the time of pro-, iiouiicing the fame, did bid the perfons prefent or fome of them bear wit-'' nefs ihat I'uch was his will, or to that effed, nor unlefs fuch noncupative will were made at the lime of the laft ficknefs of the deceafed, and in the houfe of his or her habitation or dwelling, or where he or Ihe hath been re- lidcnt forthefpace of ten days or more,'next before the making of fuch will, except when fuch perfon was furpri zed or taken Tick being from his own home, and died before he returned to the place of his or her dwelling. 8. And be it further Enabled by the Authority aforefaid. That after iix months pafled after the fpeaking of the pretended teftamentary words, no telfimony fhall be received to prove any will nuncupative, except the faid teftimony or the fubltance thereof were committed to writing within iix days after making the faid will. 9. And be it further Ena£ied by the Authority aforefaid. That no letters teftamentary, or probate of any nuncupative^ill fliall pafs the feal of any * court till fourteen days at the .^leaft after the dcceafe of the teftator be fully ' expked, nor fhall any nuncupative will be at any time received to be pro- ' verl, unlefs procels have firit Ullied to call in the widow or next of kindred of the decealed, to the end that they may ccnteft the fame, if they fhall be lb adviftd 10. And bcit EnaEed by Uie Authority aforefaiL That no letters of ad- miniflration fhall be granted by the court of prolate, or by any furrogate court, of the goods, chattels or credits of any perfon reprelented as hawng died iiufftate, until due proof be made before the faid judge or furrogate to his fatisfattion, tiiat fuGh perfon is dead, and died inteftate. ' 11. And he it furiher Enabled by the Authority a'orefaid^ That when ap- plieation is made for Inters of adminiltration of the goods, chattels and .credits of any pcrlbn dying intcftate, by any perfon or perfons not intitled to rfie fame as next of kin to the intcftate, the judge of the court of pro- bate, or the furrogate to wiiom fuch application IhaJI be made, (hall before 'the granting of the admiiiidration, ilfue a citation to the next of kin to the inteflate, f'ummoning him or her to appear, and fliewcaufe, if any they have, why the admiiiiflration fhould not l)e granted to the perlbii or perfons fo applying, which, citation fhall be ferved upon the next of kin to thein- teftate, refiding within this Province, and if thenext of kin, nor any perfon of the kindred of the inteftate fliall happen to refide in this Province, then a copy of fuch citation fhall be affixed up in fbme public place in the town ' V'here the inteftate did refide at the time of his death, at lealt ten weeks be- fore the return thereof, and in cafe fuch inteftate did not refide within this Province at the time of his death, then a copy of the citation fliall be pub. lifhed in the Upper Canada (iazette, oncein every month during the fpace of eight months before the return thereof. Provided always, that in cafe the perfon next of kin ufually refiding within this Province, and regularly intitled to adminittera fliould happen to be ableht ivim the Province, it fliafl ' and Period of time ^vithiii which jicoof of nuncu- pative wills is adtDiifit'':. Preliminary Wrtfures to be taken, previous to granting pro- bate of nuncu- tive mmIIs. Proof to be ad. diR'ed of the de- mifeol an intel'- UtC^i Steps to he ta- ken in granting adminiilrjtiou to perl'ons not next of kin. iifjl ParUament. C. 9. h the thiriy-tkird year of George tie Third, A. D. 1 793. SS and may be lawful for the judge of probate, or furrogate, within the limits of his diftnct, to grant a temporary admiijiftraLion, to the next of kin who Ihall be in the Province, of the inteftate, during a limited time, or to be re- voked upon the return and application of fuch nearcrt oi kin as aforefaid, and for that purpofe to take futhcxent bonds from the party to whom fuch temporary adminiltration Ihail have been granted, for the furrender of fuch letters of adminiflration, and to account for the iame, in manner herein-af- ter to be mentioned- I a. And be it Junker EnaEied by the Authority aforefaid. That ihe judge of probate, and every furrogate in his fevcral di/.trkl, ihail and may upon their relpedive granting and committing letters of adininidiation of the goods of perfons dyiijg inteitate^ take fufhcient bonds of the refpefctive per- son or perfons to- whom any adminiltratibn is to be committed, with two oc more able lureties, reaped being had to the value of the eltate, in the name of the Governor, Lieutenant Governor, or Perfon adminidering the go: vernment of the laid Province, of. with the condition in form and manner XoWovmg, mutatis miUaudii. The condition of this obligation is fuch, that k the within bounden A. B. adminiftrator of all and lingular the goods, chattels and credits of C. D. decealed,. do make or caufe to be made a Hue and perfect inventory of all and lingular the goods, chattels and cre- dits of the faid deceafed, which have or fhall come into the hands, polfef- Iion or knowledge of him, the Ikid A. li. or into the hands and poflefliora ot any other perlon or perfons ibr him, and the fame fo made, do exhibit or caufe to be exhibited into the regiftry of court, on or before the day of next enfui«g, and the lame goods, chattels and credits. and all other the goods, chattels and credits of the faid decealed, at the \m\t ol his death, which at any time after Ihall come into the hands or pof- fclhon ot the laid A. ii. or into the hands and poUciiion of any other per- fon or perfons for him, do well and truly adminiller according to law, an(i further do make or caule to be inacie, a true and juit account of his laid ad- mmidration, at or before the day oi and all the reit and rehdue of the faid goods, chattels and credit^, which fhall be found remaining up- on the laid admmiflrators account, the fame being hrll examined and al- lowed by the judge of the court, for the time being, fhall deliver and pay unto fuch peifon or perfons refpetlively, as the laid judge by his decree or Tentcnce, conformably to the provilions m a certain Ad of Parliament, in- tituled," An Att for the better iettluig, inteflateeftaies," and paffl-d in the twenty-fccond and twenty third year of the reign of Charles II. and alfb in a certain Ad palled in the firft year of King James II. contained, (hall li^ nut and appoint, and if it fhall hereafter appear, that any laft will or telta- ment was made by the deceafed, and the executor or executors therein nam- ed aaexlitbit the fame unto the laid court, making requeR to have it allow- ed and approved accordingly, if the faid A. B. withia bounden, being thereunto required, do render and deliver the faid letters of adminiltratioi^ (approbation of fuch teltament being hrlt had and made) in the faid courts, then this obligation to be void and of none effed, Or elfe to remain in full Jorce and virtue ; which bonds are hereby declared and enaded to be good ^nd bmding to all intents and purpoles, and pleadable in any courts of laltice. ' i^^' ^«» vf iijurihcr EniUiid by ihe Authority aforefaid^ That it fhall and Temporary a4». miailiration. Ronds to be t9'> ken of the (rer. fons to whook adminiftration Oiall be grantMii Form and cotia ditions of I'u^ bond). m ii el T'l Such bcolf pleadable. Method of iiu> king diltribu. r il 1 7 56 C. 8. rtftl« of »n in- Aft«r the isrm Ci one year Security to he %\vtn the ad- niinithatu^, a^ (jHiU dcmAnds whkh miv i- riic .iltitr iliAri- lytiun. yractfs of ths Aid coiirts, rel'. ptdi.vply, in cafes ol dil'obe- di;iKc or con- tcmft. Atticbtneitt. Seijueftration of tlu' (icrtonal ef- In adininiftn. tiuu granted with .1 will an- Dcxed, it (Ukll fee cxi'refjly In the thirty third year of G(arge the Thirds A. D. 1793. Sftond SeJiOft JOHN GRAVES SIMC.OK .liSQUIftli, tlEUTKNAN T .GOVERNOR, i ami may be lawful for the, faul judge of probate inci furro^^ate rcfpettivt^Iy, aii'l tiicy ail' ht-rcby eiiabled uj call by ciiatiou uiulcr the fcal of their feve- rul courts, fuch adiniiuilraiors to account, for and touching the i,>ood(> of any pel (on dying iiitellate within their I'everal junlUictions, and upon hear- iag, and due conlideiaiipii thereof, to order and make ju(t and equal dif- tribuiion o( what reinaincth clear, after all debts, funeral and jud expenc(js of every fori, lirlt allowed and deducted, according to the provilioiis in the faid Ilatutes herein before mentioned, contained. Provided always, to the cud that a due regard be had to creditors, that no fuch .t'iftribution of the goods olany pcrlon dying intellate be inad*;, until after oi;e year be fully expired, after the inteltate s death ; and that fuch and every one, to whoija any dillribiiiion and Iharefhall be allotted, fliall give bondi with futhcient fuvetics, in the laid court^s, that if any debt or debts, truly owing by the iii- teltate, Ihall bv' afterwards fued for and recovered, or otherwi:fe made to appear, that then and in every fuch cafe, he or Ihe Ihall refpectively refund and pay back to tlie a,duunUlrator, his or her rateable part of jVich debt ogr dvbts, and of the colls of fuit, and charges of the adtnniillrator by reafbp of fuch debt, out of thf part and (harjC fo asaforefaid allotted to him or he»», thereby to enable the (aid adininiltrator 10 pay and faiisfy the faid debt.anH debts, (odilcovcred after thcdiltribuiion made as afoielaid. » 14. And -in order to onft^rce, when it Ihall be iKccffary, due refpeSt and obelience to the procefs, orders, fentenco or decree of the faid coartVt in allrnatfers within their cognizance, Be it Enacted by the Authority a^ forclaid. Thai it Ihall and may.be lawful for the faid jutlge of the court of probate, and his furrogates within their refpedivc dlllncis, and they are hereby authoiized upon application made and fupponed by cenihcate frona the regiilor or proper oHicer, of any neglett ol, or difobediencc to the re- gular procefs, order orfenteucc of the court, or upon any complaint to be verihed upon oaih b\ an\ apparitor, oSHcer, or other perfon, of any wilful contempt js rc(d|aiKe to the regular proceis, or lentt'nce of the faid courts or any of itu-m, or to the lervice thereof, to proceed againtl the panics, fo wiihfUiuliiig, (hlojeyiiij, oroffenaing, by attachment, to be directed to the flieritt'of the diliiul, who i> iu-reby mithorized and required to execute the lame ; and in call- .he fhenff iciurii that the i)arty is not found in his diffridt,' that tlie faid <;oui [a anrf each of them may iHue a proclamation diretted ta the fherilf.of the uiltiitt, which he is hereby authorized and rcquned to' inake, that the laid party do on his allegiance perlonally appear in the laid ctiurt, on a day in the (aid proclamation to be named ; and in cafe the fhe- rilf return that the party is not found, and he do not appear at the time and place as couiinanded, that the faui courts, and each of them may proceed to a (etjueftration of the perfonat effetli, goods and chattels of the faid par-' ty in contempt, to be directed to certain perlons to detain and keep th6 fame, until the laid contempts be cleared or the court make order to the contrary. 15. And be it further Enabled by the Authority aforejaid^ That in all cafert where any adminiftration fliail be granted with a will annexed cither by the judge of the court of probate in this Province, 01 by any lurrogate of any diUritt ot this Provincpi fuch letters (haliconiam an exprels proviiion or Coniitiion Form ind con* dliinn of bond to lie cntrreA into in fuch cafe, mtjl Pkt4imtnt, C. 9; -In ih'thiriythhd ymr 0/ George thi ThirS, A. f). x^^/^ gf condition that the will of the dcccafcd in fuch teftament exprcfrcd', n.all be ob- '^- f"' ^.in Icrved and pcrformed,and for luchpurpofc thai bonds with two or more nbloand tfL'' '^ pH,c.cntium,es,lha]lbe takcnoftherelpcctive perfon or pcrfons to whom ' '" iuch admimflration ihajl be goramitted in iuch penalties as to the judge or lur- rogate ihaaappear r<^alonable, refpect being had to the value of the ellate of the : faid tcftator, which conduion may be as follows : " The condition of this obli- cation is fuch,.that,f the above bounden , , adminidrator (oradmin J nratnx as.the,cafe.may bcj of all and lingular the goids. chattels audcredhJof ^, • ^n . •»^^'^af<-''l| >v"h the Will of the faid , annexed and not adm«uftcred by (as the cale may be) do make or caufe 10 be madt a 'true and ferfect inventory cf all and ingular the goods, chattels and credits of the faid cf ih* rid * ""• u't ''r^ "^^'J^ '^^^ ^""^'='» ponefl.on or knowledge ^ f UK ,-«7"»« i'^^^^^'^f .^"d poifcflion of any other perfon for the i^id fl,.ll 'J"7''^ f*"^'^" '"-dcdo^xlub.tor caille to.be exhibited (where fuch bond ,fl all be taken by thejudge of ihecourt of probate) into the reg'llry of thp.court «fprohaieofthis.Prov.nce,or.,ntotheofi.ce of U.e furrogateof the diUrict i ., at or before the expiration of lix calendar months from thedate of the .4bove.>vrate;,.(|bl.gat,Qn. a«d the lame goods, chattels aodcredits, and alloth« & chatte s and credjts oi the fa.d dec.^l«d, at the time of his'or her deat^ Jhich at any tune after fhall come into the hands and poffeifion of the faid '*/ »'^'o;^he'haHds and poff-rflion of any other perfonor perfons for the faid ' io.^ell.M tyulvadmimHer according to the dir^^tions and true intentions oJ' >e,ieaattoror.tdtratnx (as the cafemaybe) cxprefTed ,n the ^vilUo the le tea ihri. when thereun o lawfully required, do,make, or caufe to be made a true and Auft account ot admimaion nf tk- decree, Ihall be (ulpended. Provided always, that no appeal (hallChrd or Te Jrom any Iuch prder,judgment,fentence or decree,ofanyTrrogatecm^^^^^^ tlie value of the goods, chattels, rights or credits to be affeaed bv fuch o t-l judgment, ientenct?4)r decree, (hall be more than ftftj^-poundl! ^ Force and eWeSt of fuch bonil. ^n tppeal ta lis from the furr«ru gate courts to if mxit «rithia filteen daysneit after judgmeitt tnd that the vi. lue ot the rights afteOfd exceeli ttfty f ouiidl. :». Til . ! 4'i mmmmm w T«rmi o£ fit- ting of At Uid ^ C't'S^ fn the tkirtyt'tftirc^ymie oj George the Third. A. D. uygq. $mnASe^k JOHN tRAVES SIMC^ iiSJJJ^IRJ!,' • iuUTEWANT C^yfRNQR^ , ' i 1 \1-. And in order that certain Itated times be fixed for the hearing and deter, mining all motions, petitions, pleadings, {\iits and caii,fes refpecHng the matter^ afbrefaid, that may be brought before the (aid court oK probate, or the (aid lur* •ogate courts ; Be M enacted by the authority aforefaid, That four lejms, oj times of leifiou be appointed in each and every year for thepurpoles aforefaid,. £e firft term to be holder from the firll Monday in January to the Saturday o| e fame week inciulkve; the fecond to be holdeii frpni> the laft Monday ink March, to the Saturday of the lame week iijclufive; the third to be bol^icn fron> the hrll Monday in June to the Saturday of the fame week inclufive j and the fourth term to beholden from the la(t Monday in September tp the Saturday o$ ihe fame week. ' J 8. Andk , ' Jeei tab i^AW. '^)r the cflieisl principal I'urro- 'gate, anii regif- *■ ♦ythe apparitor W meffenger. frumiiH* OFFiClAL. PRINCIPAL AND SURROOATEr For feal to the probate of % will, to letters o,t: admiaiftiatioo \ 4,. wiih, the, will anae: «» where the property devolyjii^ » u<^4«? £3oo» Ji From 360 to loool."', ,'*.'> . , | When above 2000), ''-■.•.<, , • _ , j. For feal of the court t9 any writing or infirwnent • o Tor receiving caveat •» i«.; . . • •. o For iijin^ tlv iime - • ^ - « o For receivini ioventory . . . , ^ |^ For filing the fame - ^ • ^ ^ o For citation •• • . . . . q For collating will - > - ., . o For drawing bund and atteHing execution - - o For learcbing regifier each year • - - . ^ JSor oiHce copy each page 18 lines, 6 words in each ^ a \^ o o »3 6 o 6 o 3 a o o o P o 4 8 o o 4 o o p o % I ♦ o .4 o Q 8 S 9 .9 o o o » :o «r o o o o 6 6 3 o 3 Q 3 I 6- 6 I » APPARITOR OR Mi!;ssi;NGi;R. { > ,1 For iervice of citation - -^ - n p ^ q For tiavellingi each mile .... p q a CHAP. IX. An ACT to authorize ihe Lieutenant Governor, ta nominal anH appoiini urittm Commijionen Jor ihe, purpojei hertin mentioned. WAY IT PLEASE YOUR EXCELLENCY, * WE his Majefty's mod dutiful and loyal (ubjefts the members of the hodfe of Afiembly of the Province of Upper Canada, having taken into oUt Ctrious conlideration the melfage communicated to us by your Excellency, to- gether with the refolution of the rfoufe of Affembly of his Majelty's Province of Lower Canada, bearing date the fixth day of May, of the prefent year 6n^ tfieufand feven hundred and ninety -three, and toeing anxious to eltablilli tha| cenerous intercourfe which Ihoul i always fubfift between members of the femd jMDf ir€| do inoft earncllly re^uelt ^our £s«eliency| that for the mutual con veni- etice m: /■-.• »% f^fjl PdfUmeni. C. ^-lO. «nce and benefit of his Majcfty's fubjefts within the prov inces of l/pper Canada 8c ioxuer Caikidt, and in order to promote snd coiitirm a good correlpondcnoe be« g«)ri^i).them, it may beenatted^aiidbe it en&ctcd by the King's 4iio>li cxeelient Majefty, by snd with the advice and«onfe»t of the LegiQative Cottodil and A^f* (tmhif of tilt Prorince of Vfpr Ctmadt^ conilituted and «ifembkd1jy simtt o^ ■nd under tive Authority of an Ad paHed in the Parliament oi Cftat Bntai^ intituled, " an Att to repeal certain parts of an Afcl pafled in the lburt»;endl f eart>f his Mi^ctty's PC4gn,i«titialed, *^ an Att for tn*king move eictlual pro*. ▼iliOn for the govern men t of the Province of Qmhscin^rik Amitice, And a% , make further provilion for the government of the iaici Pirovince") and by tkii» iiuthontyrofthefamrt Thai it flbaM and /nay te lawfoi tatxhe gov^ynot, iieiter mant govemicir or fierfon adnMn^Aering his Maje(fy's:^|;«)i«*r«m?fit in tbtti v^Pvo- vmce from time to time, by fetierj paiem, under iht great fe*!^ the IPf<(viitc^ to comnriflicM)! authorise and cntpowet three able and difcrect p«4rfoils)^ tWat, tonfuli and agree \ritii:an ei|u») iHia^)^' of ptr^ns to be duVy attt4ttM:>i#e4(ibr thai ■fiurpotcv by a power tn be grunted by aid trf and fcot«:eTning any tegukticyns, prtjviiions, matters and things whith may regard the ccntnverce, maniila£tii»res ot^odut^ t-)pf the..£ud Province. II. FrGvided alwi^% and bt it eni^eian'd'd»tla*td, Thikt tto it^utation, ^- ..^iiion, matter ot thing fo propofed, treated, confulted, or agreed, Ihall have any other ioice or efted, or be tarried further into execution, uhiil the fame (hail otiaVe been confinned hy.the legiilature of this Province. 'IH. 'And be. it further enabled. That this Att fliall continue in forte untii the "■{ifirfl day of Auguit, which will be in the ye-ar of our Lord, one thouland feven iiundred and ninety-five, and no longer. CHAP. X. An ACT io'e/aliijh a Fund /or Faying the Salaries of the 'Oj^cers of the Legif- lativb Council and AJJ'cmbi,y^ and jor defraying the Contingent £xpencei thereof. "'l^lTflERE'AS it is neceffary to eflablifh a fund for defraying Jtlw faiaries of V V the different othcers of the legiflative council and afleinbiy, together ^viih the cantingtnt cxpences thereof, we your Majdly'smoft dutiful and loyal 4ubjctts, the reprelentatives af the people of the Provihce of Upptr-Canadd, in allembly met, do nioft humbly beleechyour Majefty, that it imay be enatt- ed, and be it enatled by the King's molt excellent Majefty, by and with the advice and content of the legillative counctl and afiembiy df the .Province of -, 'i/pper-Canada, conftituted and alitsmbled ti^ virttie of and tindor the autltarity > ' of an Atl palled in the parliament ot Great Britain, iniitdled, « An Aft to rei)eal certain parts of an Ad pailed in the fourteenth year of his MajeftWa reigj), intituled, "An Ad for .making more ieflea\iai jprovHion for the g|. 5,^. Vernment of the Piovince ot (hitbec. in "North Americd-, and to mike ftirdser if rovilion for the gpv^UBwni ^ i; ' iaid Province^" Thitrif ceeJingsto h»*e no force or ef- feft until clBP- 'firmed by tMb legiAature. : Determinatioa of thii AA. Freta^li* -n ¥\ «l A ii m $e C, %o.iU ti« uid raici to OaMHUir*. Sytcic in which fucli duiiei Ihall be j>ayable. Meant. jif levy, ing tbe lame •nil all petialtiui and f*i:feilure|L Into wliofe liands the fame dall be jiaid. Application of the monies ari. ApS thereby. Determination ' «f this A£t. U the ihirty-thiri^ar ofOcorg^e thi TJiird,/,. D. ,753. Second Setoff JOHN CRAVEiSIMCO^KifQUlRfi/ LIEUTENANT GOVKRNOR. pjffing Of this Aa, there Ihall bb raifed, levied, colleded aiid paid umo hi^ MajelSy, his bc.rs and fucceirors, over and above all othtrTi.es by anv Att of parhameat of Greaf Bnta^n, now payable .n this Province, upon tS if p^aive wines herem alter mentioued,' which Ihall be imported or b^t ught imo any^part of ihu Province, the levfcral rates and datte'^ follow.nS? ibat il^S •n ^""I 7*J7 ?*• '"" f,'*'.'"^ itieafiire) of wine of the grewth or produce of the por^ place or country whatloever, /r^oA^nce. ^ Fu»»cent of this Province for the time be- ing, and not otherwife ; and the duties aforefaid, together with all fines, for- leitures, penalties and confifcations that Ihall be incurred under this Ad fliari be accounted for to his Majelly, through the commilTioners of his Maje Iv's rreafury for tlie time being, in fuch manner and form as his Majefty Ihill di! IV. And be it further EnaUed by the Authority aforefaid. That this Ad fhall ' SoVlf C;^'"' '^ *""' •"" ^'-^ ivi«...da..„ .he paS^^ i sr^rr, CHAP. XI. Sn ACT to encourage the dtjlroying of Wolves and Bean in different parts of this Province. . ^ ' inhabftanti COmiaue ^ iu£f6r«reat in>urv and damat^e frnm wolv^ "W ▼ r T t:« n I 4Muag€ , fufferdil £e ASJiPdrfiaT^ent. C. ii-r '^' %-'\^rife,k.<>rthe lefi;.nat.vc cou.cl ^„d .^X.^^^^ or caufe CO b, kflled any wolf l,"lZU"rl \T P"'"'? "''",""'"'"'•'"■"■-' •' f .Wdea.h, hereof ,ake J caufc ", ^Mak^'n' 'h^ . i^ron^'^" ,f ^ -^-'"'"^^ wolves, bear or bears, before any one of hW \a., it ? f,^'''" '^*='* ^^^^^ or*, woiforbc.r.- aaing within the divia'on where lLhow,ow^;^^;iX^i"i'lir "h ''' ^ ?? ! * wolf or wolves, bear or bears, ffiall have becnT S 1^1^' ^ '^^ ''*'[' ' " heh^re the laid jufhce, that th'e fa.d woW or wolv • la 1 b ar' '"'''' ^'"^ ' kdled Within the laid town, townlhip or pariU or w^n, fiv ! ^^f. ""^ ^^'^ habited place next adjoining the laid townrtl^iij o nlfc f'u^ '"/ *"' Q*.djuft,ce i. hereby authorized and emp mcrc^d to L^m.^^^ 7u'"r- T^V^^ having Hra ddtroycd the faid head or Tld/ IbdL Jl ,\ ""^ ?"^ -^"'^'^^ * h funs a certificate of the fact or lactT h^vww ^ '/"^^ P'^'"'"" "«" P'^''- and A.h ceruhcate bet.^ ^i^:.,^:^ th^ Si;^^ dtUn ^ ^ 'u""k"' nze the ,,crlon or perlons obu.ning and prclom ng h. w" ^^ al ^^h"" mand and receive o and from the laid tr.^n.r^r fu ^' "^ '^'^' ^^- H ■m j011N,€«AVtti,SIMC0K .KSQUIRE, M-IEUTRNANT COVEHNOR. ' itinnifnfiit undt-r his hari'l'arWfcal at arms, a proper pfffon to execute tht ollice of rcnirninRC)lHCcr, 'for every county or riding, divilion or io^f\ wlthJM the Province. ' ' ' ' ' II. Providfd aluayi^ ahd it is hereby, Ena&fd^ That no perfon fhall. be oblifteff to execute the oflice of returning oflicer I'or-any longer tijoe than one year, utilelshc Ihall be difpofed to.cohtinue to execute the Came, l?y and with the conii-nt and approbauoh of the laidgovernof, lieui<;i\ant govtHrtOr, orpcrlufl adtniMincrins; the government for the time being. III. Proiidfd alfo, and be it hereby EnaiUd by the Authonty afotefaid^ Th^t this Act Ihall continue ifi force for and during the fpacc ol feVen years, and nA •Joniier. ^ CHAP. xiii. Jtn ACT to eflablipt a further Fund for the Payment of the Sdariei of the Officert of the Legi/lattve Council and Houje of .ijffinbly, and for defraying the Comin- gent Expences Uiereof. WHEREAS, by a certain Aft of the Parliament of Otvat Britaih, fjaffed in the fourteenth year of his Majelly's reign, intituled, " an AH for ed*- bli flung a fund towards fvirthcr delV^ying the charges of the adnl)it)i(lration of jultice and fupportol" the civil government, within the Province of Quebec, in North Arnerica," it was iluTcin, amrtngjft, other things cnafted," That from amdl after the hfth day of ApriJ, oiiethoufand fevcn hundred and fevtnty-fivc, there fl)ould be vailed, collftltd and, paid into his Maj<;fty's Receiver Gcotr^i of the ' • Pcoviiice, for theuie ol his MajeUy,'4iis heirs and i(rtcclfofs, a duty of one pound lixiicnfhillings, Uerling money of (^reat Britain, for every licence thaft iliould be gvantod bv.the Governor, Lieutenant Governor,, or Commander i*t Chief of the laid Province, to any.perfon orperipns, for keepitig.a houle or 0- ihcr place oC public entertainment, or for retailing wine, brandy, rum, or other fpirituous liquors, within the. faid- Province." And whoreasit is neceffary th.al the fiiid revenue fhoiiM be increafed lor the purpofe of paying the fabrics of thii ofhcers of the Lcgillativo. Council and Hou e of Afltmb'ly, and for defraying the contingent expcuccs thereof: We your MajcUy's anoli dutiful and loyal ftibjefts, the reprefetUatives of the people of the ProviBce pf Upper Canada, in aflembly met, do molt humbly be- ieech your Majefly, that it may he.enatled, and be it enarted by theKitig^ '^oftexc.ellentMajellv, by and with-the advice and coulcnt of the Legillatiye Council and Anembl'y of the Province of Upper Canada, conftituted and aHeip- blcd, by virtue of and iwider the authority of an Ad, palled in tl>e Parliament df Great iiritain, intituled, iin Act to repeal certain piarts of an Afei palTcd in the fourteenth year of his Majedy's reign, iniiiuled, " An Ad for making more of- fetlual provihon for the government of ilie Province of Qwcbec in North Ame- rica, and to make further provilion for the government of the laid Province,* That in addition to the faid fum of one poinul lixteeii flnllings ftcrling as afoie- fai'J, uhich fhall ftill be and continue to be levied, colleded and paid as it lu- Ihertohas been levied,, colleOed and paid, by virtue of the Act aforefaid, there Aa aeaitiona fhall be raifed and levied, colleQed and paid, under the fame reflriciious andi>e- ■^^y of tw.njjr. rallies i„ ,hc laid Atl contained, unto hi.s ^^ajefty•s Receiver General to and for •Icviedon aii ii- tjif iiifo! lus Maj*:!!), hl.s hCH'S attQ lUCCCilor-', anu v.) anu i-^i i::c u-c wi uivg, mirof°wi2A Provincc^andtov^ardsiliefuppcnof the civil gov^Ynment tliereof, the Further Turn MrJU^nliament C.«S. Uthe thiffy-ttUndyfar o/GtOfgethf Thiroi ihis Act ,0 .n4nuer following ; ma^ »s lo (^y, il'm from a.'l after the ftlih d4y «l Apnl, wlwch will be in Uk- year of our LunI ohe ihouUnd fcvcn iWaUrc(i*«anineiy-foiir,u ll^all and may be l^wlu! for jhc Cuvernoi. Licmc *AUI Governor, or pcrfou Hd.oiriiitcrini; .l>e govrrnmcut, by oc throi.ol, the Se. cretary V* the Provu.tc;» or oihcr perloa empowered to inie ffccncc. lor the <\c..d»ng ot wjues, bri^ndy, rum or other (pin^uo.ts liauors, to ^fk lo, , demanU j..d reserve oyer 4.»d ibo^c Ibc i.m pi on. pcit+ml ^xlcn llWlUngs Herling as 4 (weUid. the further (i^m gf twcnt)^ lhilU,.B« . irrency, for every I.e. nee that fhaU or may begrantcd ta any pe.for> for Kei'p4"g 4 ho'ufe or any other place of pub tc em^ru.awnt, or f ^r the ret4*lu.g qi y»ii»e. br»,Kly, nnu or otker Ipivitu- c f^id iu.ns of one pou.ul (ixieen fh ' l.nu, ft«rlM.g,a»d twenty ihUlin^s currency, l\x^ b. due aud pay^le ^s ^fo e- fatJ,thcSi-cr^tan; ofthe Provtnce or other perfon empowered t^oifTue the faW Uceoce, IbaU wcf » her<;by re(^Mued .o-give public n..t.ce in the Upper Canada Gazette, or otherw,fe,to every perfon feUH.g wine, brai»dy, rum oforher fmrt nuou«..^uorsasHfQ,eM,top,yihcf^id fu.u of Q»e piuud fixteen IJuuLs erUng,andiv;cmybrU...gs currency, and torcceive or take out a licence lor d by fqch public iiotjce to Vi|rn every perfon who (hall nculcct o- jmor rvfule ic^iake out « licence and ft.ll continuc^o retail any wi«e, brandy W, or other Ipuuuous liquor, uv lefs quantrtrs nt any onetime than- three gallons, ofthcpajus, and peuak,esthi»t they we Uiereby Ukely tc* incur and Jiereafter to be infhcled- by this Afct. / / ^ « 'vur ^nu UI. AndhitJmMr Enatlei by th, Amhcrity aforejaid. That every perfon Vho hall keep a houle or other place of public e.uertaimnem for retailuL wii brandy, rum, or other Ip.ruuous liquors, fhall caiife to be wriu u, painlrd, or' primed over the door of fuch houfe of entertainment, in legible charafcters the iollowing words ; « Licenced to feU wine and other fpirituous liquors ;" ai^d 7- ■very perlon negkd.ng to have the aforefaid words, written, pamted or printed ^as aforelaid, and continue to keep fuch a houle of entcrta.rnnciu, fhall foV every rfuch oHence forfeit and pay the luraof five fhillings c.irrency, to be recovered be ore any one of i"^ Majef y. J,u(tu:es of the Peaec, upon th'e oath of o^e c7e dible wui.efs ; one half oi which laid luin fhall be given lo the peifon inform .ng,andtheotherhalfpaidi«tohi. Majcitys Rcxiver Ge4 a / to a "d fo" «he •ueofhisMajefty,h,sfu.irsat,dfuccelior4andioand for the ufe of this Po' Vtnce, and toward* the lupport of the civil government thereof. . IV. And whereas by a certain ordinance, pafled in the twenty .eifihih year of his prefent Majcfty 's reign, ,t was declared and enacted, that every perfon ukn J out a licence tor the purpofe of retailing wine, brandy, rum or other fp"r tS liquors, hould be obliged to enter into a bond witb Efficient fureties^to^ep an orderly and decent houfe : Be it therefore enaded by the authority aforefakf a hat every perlon taking om a licence by vittue of this Aft, (hall upc^ rece v- ».ig fuch licence from the Secretary of the Province or his agent or^mher per fon for that purpofe appointed, enter into a bond in Uie penalfum of ten pou^ndl ^his Majefty,his heirs and fuccefTors, well and truly to keep a decent and o^! dprlyhouie dunng inccoauauancs of thcfatdhcenw t^ him grantedas aforef^S or fjiirifaoin jj. Time uA f*W nuilly to |lU gcrlcoi, liakla tuiho urov^Q^m of thii M\ Ih comply th«0S with. Ward* ta %f written^ paint- ed or printed ov»i the doot of every houfe of public eater* taiiimeot. Penalt ■ fat negledtiuf. Perfonj licen- ced (hall enter into bond] to keep a decent & orderly k»iifi>. V ^ t , 1 f il' i I) I f ■y\ i.i'i I^B 7 rw/m H s^H 1 \W^ HH f ^fj^^^^^l H i/'i^^H ™ '^.IH tj jM^^HfS' Application of thr monifs ariJ fiiig by this A(\. ^^^^Ht VcunJige of th« receiter |ene> ^mi 64 C. 13. In the thirty third year ofGtorge the Thir'dt A. D. tfc)^. Seecnd ScJ/iM JOHN'ORAVKB SIMCOE E8QUI41E, tHUTliNAN f COVJtRNOR. .,^ v*. And be itjnrthrr Enalfedh the Authority afore fnid^ That the SecrPtary of the Province or his af;ii»t,o)r other perlbn appointed tq^rant fiich licence, llutl receive I'roin each perlbn to whom a licence may be granted, over and above the flnty herein before Ipccificd, the further fum of two (hillings and fix pence for his trouble in making out and ifluiuj^ ^he.iamc, and no more ; and the clerk c^f the jicacc or other perfon who Ihall draw out fuch bond as aforcfaid, (hall re- ceive and take the fum of two fliillings and fix-pence for his trouble therein, «• .aforelaid, and no more, any thinjicontaincd^in any ordinance of the Province of Quebec, to the contrary hotWithllandinjj. VI. Arxd be U further Enatled by the Authority aforefaid^ That the. additional duty itnpolvd by this Ati, (hall not extend nor be coiilhued to extend' to any pcrlon not keeping a houfe of public entertainment for a longer fpacc of time than two years ne.^i after the fifth day of Apr'lj which will be in the year of our Lord one thoufand levcn hundred and ninety-four, but that at and after the ex- piration of the faidicrm of two years, no perfon other tliati fuch as Ihall keep;^ houfe of public entertainment, fhall be obliged to pay for any licence to him granted a greater fum than one pound fixtccjj fhillings fterling as impofed by the ,,{^bov«? fcciU'd A^' Vli. And be li further' En%Btd 'by the Authority afore/aid^ That the fard re- ceiver geneial do ])ay and apply the monies by him received under and by vir- tue of this Act, in the maimer atjd, for the purpofesas fet forth in a certain Act, intituled, " An Act to cdabliljv afund for paying the falaries of the officers oT the legiflative council and houfe of aflemi)ly, anp for defraying the contingent expences thereof," and that it fhall and may be lawful for the receiver general of the Province to deduct from and out of the feveral fums of money by him received, the fum of three pouijds for every hundred pounds that may be railed, levied, cgllctied and paid by virtue of this Act. \ Irtt •f »h» (k . cnttty, iff *ii »ffau,u.i Ui,«A> cei. 9w tot inm. Retti!«ri not ktrpjng t houfe •f •iiteitainmcl, ■''fiiiptfil from the atlilitioiul Huty afur the r»pir«tion of two jreari. ' I JFirJi Parliament. C. i. In the thiriy^/ourthytar c/Geergttht third. A. 1^ 1794. $y «>. .'A^' mm/ffffmiffifff ^ THE I'i «>j STATUTES OF HIS MAJESTY'S PROVINCE OF Upper.Canada. ■^-.,^^>»yHglJi^|iHitii^^ Fafled in the third SelTiofl of the Provincial Parliament of Uppef-Canadii met at Ne\srark, ua the kcood day of June, in the ihirty-foqrth year of the Reign of our Sovereign Loid Gkorca the Thj,cd,,and Fiorogued on . I XHAP. I. .i4n ACT /or the Regulation «f Jurit$» FOR the regulation of juries. Be it enacted by the King's moft excellent Majefty, by and with the advice ajod confeni of the legiflaiive council and alleinbly of the Province of Upper-Canada^ conftituted and afTembled by vii tue of and under the authority of an Act paffed in the parliament of Great Britain^ intitukd, " An Act to repeal certain parts of an Act pafl'ed in the fourteenth year of his Majcity's reign, intituled, "An Act for making more effectual provifionfor the government of the Province of |2"'^'<^» '•* North America, and to make further provilion for the government of the faid Pro- vince," and by the authority of the lame, That the clerk of the peace of each a^d every dilhict in tiiis Province, Ihall yearly and every year make up from the returns of the leveral afl'elTors of each parifh, townlhip, reputed townfhip or place, which Ihall have been tranfmiited to him, a true and complete lift or tranfcriptof the names of thefieveral inhabitant houfeholders, living ih each of the laid parifhes, townlhips, reputoij townfhips or places, clafled and divided in fuch manner as by the laid returns fhall appear, which lift ortranfcripi fhall be tranfmittcd or delivered by the clerk of the peace to the fheriff of each ref- pective diltrict, or his under fheriff, in order for his returning juries out of the faid lift from time to time, as he fhall be commanded, and that each and every perfbn whole name ihall be returned in either of the faid lifts, fhall be hdd and taken as qualifted to ferve on j»iries, and that no flieriffdr coroner fhall VrtiMibU. The derlct «r the peace to dc« liver yetrly c* the fheriff] a lift of jureri, duly daCed. s:; .^^fV.. / r ivi -w, 1.1; '/ j"'7» 1'crfeiii mclii* ded in fuch lit)* fUfliftcd. «lonf( ^ to ferve on ju^- >' iawl' hit, and that every clerk of the peace neglecting his duty therein, fliall I, iv .1/ It'' " fc-f^jli Ml ' ii;i J J «i I Vcnilt; for ne gltii in ehe clerks of 'Jtt No (heriff or ether uflicer (a return ai a ja. Tor, on trials, any perlon who hai already ferv. ed, at I'uch, Within one year. Penalty. Sheriffs, or other officers, to keep regilleri ot the jurors on all trial:i, and to grant certihcatet o; lervice, if re- quired. 1 ' ^. a t^ M the ihir^./,^,^ar f>J Ge.rgt the Thirl A. D. ,,94, TkirlSiBh, JOHN CRAVES SIMCOE ESQUIRE, UEUTENANT COVSaNOH. ■he juftices of ,he peace, J[ II JT,e.ua^ t'^ rndicimcnr, Irelbre for .he dmrit. where-Juch ne'lea 'Il.SrC blTolm,.?^"'' "" "^ "*'"'- wu:i^;e ?ed\LeaJ k\?ibt^^^^^^^ ^t^^^LSel^St^^F' -^^^-^^^^^^^^^ inarimmary way?trfcL3„rL? '"'"'""" ^"^ Pr'H>f of fuch offence in a book to be kept for "'^100^^^^ r^ i'o«.time to tune eater orregifter fMmmo»eda«dfh7|l,ve^tu?^^^^^^ °a- '^''"^ perfom as /hall be fummonedandattenZc orfSvW-,^^^^^ ^"^ every pe^on To- • made ta fueh (SruX M' or Ivei 'h^^'" "P"" application by him fame, which certificateThe f^d Lrff tZ' tliw" ^^^i^^^^^. ^^'^fy^the quired to make out without fee orTwL ' ^^''''^ ^' ^^^^ '^ l^reby re- ^nZi!i:-J::i^'J:'',fZt^^^^^^ That „an,enff, take or receiv'e any moneror mE r^^^^^^^ ,"^^" ^"^^f*)' "^ ^"dired^/ or being fummoned to fcrvrr, iur^! '^ u ''''"^f ^"^ f^^^'"" ^"-""^ ^'^'-ving pointeci by any flTentf or u'fde Cfff rot ■^'' '^'^ ''''^'^' ^"^ ^'^"^^ "ffi^'^'"' ^P" perfon to fervcthereL other thin f! ^,^"1"^°" J "'.'^^» »^f\ofe nairie i. Ipecified i„ a mandate cer, an/ if any ft^" "undcr^Snff '^ '? fuch ba.Hff or other offi. tranfgrefsin an^v of the calls afoS - ^J^ «'^^'-. ^p'^er, Ihall wilfldly prius, may and'i. herebv reaui ed in .' ^ •'"'^'*' or julhce of alfize or nili in a lummary way, to fe^t aS or fi" ?''"'"""°" and proof of luch offence^ ''1)'^f'YT^^^^ iooffendmg. a. he orythe11^:;^f.^[/;r It ^tr -^^'r^'^^.^^^^ --^ ^her^fr procefs for the trial of caufe before infti ?"'r? '^^'^^^J^'-^^o'-es or other refted to be made out, whofe names TLnt J nf? ? u^'* herein before di- every venire facias, forTtriaf nf . U «- "I'^r '" '^^ P^""^^ ^""^^^d to "2rt'J? *" tive diftria or DlacI wh ^ ^ 1 I ''^"" ^' ^'^^ '"'"^ *'fiz« in each refpec- «oi~„i- /»--.. f ^ ♦ "^^ "lore than fony-eight, and the nerfons n:>m,.^L r.,^u Md noitheil '«P«"v« diAnfts or places ig be named ia fuch writs, yi, And No reward to be taken for excu- fing any pcrfon from I'erving on juries, and no juror 10 be lum- moiied whole ii* drav^tt jto ferye on the trial QljjayiHue, and who Ihall not appear after bejng openly called tjirfee times, ihall forteit-and pav upon oath made by fome credihle perlon, thw the party Xo making default had been lawfully funiiiaooed, iwch ^t)e not enceeding the fun> ot three pounds, nor iefs than twenty (hillings, a« the judge who htsto try ihe «aufe ihall think reafongble to inflia ; .\»nlefs fome reafonabje ^aufe of his *h- ience be afiigned or proved to the fatisfaaion of fuch judge. VIII. Provided. alwayi^ fin4 he it Enacled^ That no perfon *gcd fixty years, iball be obliged to attend upon gny fumoQoqs to be .direaed to him for the pur- poles aforefald. IX. And be it Jurther EnaS^d by tKe Authority a/oref aid. That every cora- nion jurynian who thall have been fworn to give his verdia in any iffue brought fcefore thecour.t, fhall be intitled to demand and receive the fum of one fliil- ling from the pUinuff or his attorney, for every caufe in which fuch juryman ihall be fworn, to be accounted foriincoRs by the party charged with the pav- ment tliei^eof, - X. And be it further EmSled by the Authority afore/aid, That it ftall and may be lawful for his MajeUy's court of king's bench in thjs Province, upon mo- tion made on behalf ot his Majefty, his heirs and fucceffors, or on the motion of any profecutor or defendant, in any indidment or information depending or ^to be hrowgbt pr profecuied in the iaid court, ox on the motion of any plain- tiff or plaintiffs, defendant or defendants, in any adion, caufe, or fait what- soever to he brought w the faid court, and the laid court is hereby authorized upon mption as aforefald, to wder and appoint a fpecial jtjry to be (truck he- iorei.be proper oHvcer, fonhe trial of any iffue joined, in any. of the *,»A«H:ftfajid, &4W be.ibe jury fcturned for the tridLo»f ib^ 'Miiinprof im> panneltiaj tkff jui'y tor the tri|| ofevegrci^fe. ! Pcnaky fct no* ipf cuing whe» dulv rummoncA H a jurer in* drawn to scrvs «» trUi. ftthni tfti 9(f years cxem;t ics whric a view Ihalibe al- lowed. Method of ap- poUuing vicw> en, allowance to eaihof themper day. The want of a view or any in- formalities in having the fame, (hall not Itay proceedings in (ryiug tlie iflTut, freaabi«, C. i-a. In tht thirty-fourth jfiar o/Giorgethe Third. A. D. 1794. ThiriSifffm JOHN ftRAVES SIMCOE ESftUIRE, LIEUTENANT GOVERNOR. Xh Provided alwayi, and it is hereby Enabled, That no perfon ihaH be n©2 imnated by the (henff; 10 fcrve on a fpecial jury, wliofe name fhall not be in^ eluded intttber thehhh, fwth, {evemli, eighth, ninth, or tenth clafles, oH» the upper hit of inhabi ant houfcholders, as direded to be madd out under jwid by virtue of a certain Atl of the legillature of this Province, intituled. « Ai» Art, to authorize and dirert the laying andcollerting of aireffments and rates in every dillrirt of this Province ; and to provide for the paymentof wages to- the members of the houfe of aflembly." ^ ,^}^'-^;^^^'*iJ'irther Enaaed by the Authority afore (aid, Thar no perfbft wholha 1 lerveon any fpecial jury to be appointed or returned under and by virtue ot this Art, fhall be allowed to take for ferving on any futh jury more than a lum of money not exceeding the fum of five TniUings, except in caufti* where a view hath been or ihall be direrted. o » t- « r ^}^l- /'^'^ f' 'Ui^riher Enacied, That the perfon or party who fhall aptjly for fuch fpecial jury, fhall not only bear and pay the fees for Itriking fuch iurvi but fhall alfo pay and difchaige all expences occafioned by the trial of the cauleby fuch fpecial jury, and fhall not have any further or other allowance tor the fame upon taxation of cofts than fuch perlbn or party would be intitled unto ill cale the iffue had been tried by a common jury, unlefs the iudce bei fore whom the caufe is tried, fhall immediately after the trial certify in opeii court, under his hand, upon the back of the record, that the fame was a caufe' proper to be tried by a fpecial jury. . ^/^- f.''^^*'^'^ always, and be it farther EnaBed, That where a view fliall be allowed in any cafe, that in fuch cale fix of the jurors named in fuch pan- nel, or more who fhall be mutually conlented to by the parties, or their agents on both fides, or if they cannot agree, fhall be named by the officer of the court, or by the judge before whom tl>e faid eaufe fhall be tried, fliall have the view and be hrlt fworn, or fuch of them as appear upon the jury to try the laid caufe before any drawing of jurors as aforefaid, and fo many only fhall be drawn to be added to the viewers as aforefaid, as fhall make up the number of twelve to be fworn for the trial of fuch iflue. Provided aUb, that every perlbn attending fuch view a^ aforefaid, fhall and may demand and receive a fum not exceeding ten fhillings, for every day on which he fliall be foemployed XV. Provided always, and be it Jurther Enaaed, That in cafe no view fliall be had, or if a view fhall be had by any of the faid jurors, no valid objertion than be made on cither fide, either for want of a view, or that it was not had by any of the twelve jurors firft named, or that it was not had by any particular number of jurors named in the faid writ, but the trial of the ifl"ue fhall pro- ceed, any formal objertion refperting the view, to the contrary notwithw Handing. ' CHAP. II. An ACT to efabltjk a Superior Court 0/ Civil and Criminal Jurifdiaion. and to regulate the Court of Appeal. FOR the general and regular adminiftration of juttice throughout this Pro- vince; Beitenartedby the King's mofl excellent Majefty, by and with the advice and confent of the legiflative council and alTembly of the Province of Upper-Canada, conftituted and alTembled by virtue of and under the autho- nty of an Aft paifed in 4hc pariiam^ot of Gr«it Britain, inmakd, « An Aft '^"rJIPgrliament. C. a.^/4 the iht^ty.ycurthyiarof George tic Third: A. D. fe repeal certain parfs of an Aft pafled in the fourteenth year of his Maieftv', te.g«, inruulert, ' An Ad for.making more effectual prov.f.onLh-^^b^^^^^^^ »e«t«£- the Prov.ncc of Qa^ec, m N.rth America, aud to make further no V.ho«for. the government of tne faid Provi,K:er and by the autLruv o7tKe' ^e'llJbhmer ^' '^"^f'r^^^^t ^"-bUlhed, ar>d there i. hereby co^^ftitued and eitabhfhed a court of law, to be called and know., by the name a d fkle oC his Majelty.'s Court of King's Bench, for the Province of ^^Lr 'V vhichlhalibeacourtof record of ongin.1 iur>fchZn Ld /iSf^r'^'^li fuch power, and authorities as by the uS ^ iX Arc u.c^c . ^ r '" ' eourt of cvU a.Kl criminal jurifj.aion, and maTa/uf S ; ^^pl" i . 'TZ all^raanner of adions^ caulcs or fuks, as wdi criminal a. civil tal n Ir 1 and mixed, arifing, happening or being wuhin theiLd PrlVce 'aS m^^ and IhaU proceed m fuch atUoas, caufes or fuits bv fuclinn J, f .' a f^ as mail tend .ith judice and dif^atch, to derelit tC; 1^1? til ftall hear and determine all itiues of law, and (Iwll allo^liear Lt\t \' ? an inq.e(l of good and lawful men, deterrkine all uL':;!:^ ^ ednvany luchaaion caulcorfuU, as aforelaid, and ^ud^mcnt thcr^t C and execution thereof award, in as full and ample a manner is r nw?r " ?' donei„h.Majefty's courts of kings bench,^ounr^^eU , o Hn SJ;: which;regard the kn.g's revenue by the court of exch.ciuor inl^Jl^d x'a that his Majellys^chicfjuttice of this Province, togetherlul l^o pf.t la 1 Iha 1 prehdc m the laid court, which court Ihall be holdcn xn a^ace ^c^r ai. * h^ nlr " U ' 'r'^' '°^'> ^'Hl^'^iwherc the governor or lieutenant goveS fhall ulual ly rehde . anduntil luch place be fixed, the faM court fhall be hoi den at the all place of meetmg of the legidative couuciland anlmbly. II. And m order that certain Hated times be fixed for the fittingof fhe court be It enaded by the authority aforefaid. That four periods of felon or teri^ be appointed wveach year, fuccellively, to be known by the names of [1?^ I.a(ter rrinuy, and Michaelmas term. That the Hilary do comment on tS ihnd Monday in January, and end on the Saturday of the enlmng we k T a! i^after term do commence on Monday next after the lixteenth day of Anril and Tn^'wAT^'^ °^'^'' enfuing week. That the Trinity tern/do ctnauCe on the thu-d Monday m July, and end on the Saturday of the enfu'rweek and that the M.chadma. term do commence on the h. I Monday i„ October ^nd end on the Saturday nextenfuing : and that the fir(t and la f d^Tys^ ctrv t^nn, and every alternate day from the firll, not- including Sunday,^ be retur^ III. Provided alwaysyand k a hereby further Enaae J, That v.'hen theconrf their daily attendance throughout the term, they may be at liberty to adiourn the court on any return day, to the next immediate return day. ^ "^ "'" IV. And be It further EnaHed by the Authority afore faid, I'Lt all writ and for fuch affidavit one fhilling Ihall .\)t paid and no more ; and the fum or funis fpecihed in fuch affidavit, jhall be indorfed on the back of the writ, or procefs, for which fum or fjims the Iherifl'or other officer to whom fuch writ or . proccfs fhall be dired<."d ffiall ta.ke.bail, and for no more. VII. And whereas by reafon of the prel'entwant of a, certain and r^ady com- munication ihroughoi^^ tlie Province, it-inay be pradicable fpr frau.dulent pqr- fons to efcape irfore procels.can.be obtainedfrom tlie faid court to prevent thcni, be it.thcrcjore enafted by the authority .aforefaid., That it Ihall and may be lawful for any plaintiff having made fuch affidayit.as aforcfaid, to luc out from. the clerk of the peace, ineaciiaud every diftrict, a ^\ lit of capias ad rcl'i)ondendum, with which the faid clevjt ffiall, fro^ timeto time be fiipplitd, ligned by the proper olijcer of the court, on which fliall be,in- dorfed the amount of the (uni fworn tp, and to which the laid aj]|id firji Parliament, C 2. ft.*i.AU / , A»j\> '■■'''■■''"" '"*'""'o"." ''^>°* in order °o 1.1 whrch tl,c court null be S^fo ;;dav 1," 11^; '^?"^ ^'^^^'^'^ "«• ^he d ., as the ordvnary time within w Inch they flS; t ''' '"r^'^ "'''^^ '"^'^^ de «and athon >and m all aaions or lu.ts where £ l? '■'.^""■'^ ^° ^'^^^ ''^^'>- P^^'a to the out the Irmus of the Home diftrift or diftn^f "1'"J "•" ^^^^■"^a.Us rdide with erghtdavs fhall be allowed af er fuc^l . '^^^'*'■^'''^ ^""'^ ^'^all be h,^^^^^^^^ procei, „„h l„c„ wrmen nodce aTaS 'd ^ 'if '"T"- '"'"^ ""I' » '"pv " ' ancc at tlie ramn ofihe wrif ii (l,7ii , ' "'"" '"^Slftl m enter their ;.„..' niis having entered ..,eh™';"ar et '."^ia'id'r,'"' I"' "" ^'-'"» - S ..relaid, at the expiration of eishi dav> Lf,,r I '''"'""'»'" oi- tle/enda,,!,, ' as °- •aft days of aU perlo'dstf tt^ litd' t tfT "t"""' '"- "« fi'-l and proceeding ,n the laid court (hall h/ ■''"'""'' y 'Jortaid, That the form .J ctc.'^a; ;r'°-"«f™;oHect'^:'.;t7b; i-;:^:d^r/r^^ at , . J /'^r that whereas the laidr n u''^'*^"'"P'a'ns deration dvancera'd'^b"^'' 'r°"'Vt''' ^- b! in l^mii ' If "' , , "'1 °f v.v...... ,. ^^' ""■""■"^fore brings his u . every '794. 71 fii thf Engliih tongue. *" the Frenrti tongue. "emaaJ of % Time allowed ';or tiling ,h, lame. Judgment for WJiu of a plea. Judgment (at Want of appear ance. Firftand laft days to be in- tlufire. Form of pro. seeding to iffue. Form of t 3i;. claration on % common undWk taking. %\ 0i» Tifl: . '- t«H * ( &^^l ^^^^^1 r' C. a. Inihe ihirl ,yr..Hhy<'arofG«ye ii,uu ^ being afcerta.ned by conn^utaupa ot, nun^Dus, it^Hi ^. _ at liberty to pay ^.oncf ..«bt ' ; 8^(-.„d,„, or defendants to ^^^^f ^^^^^^^^^^^^^^^^^^^^ Jifcharge of the into court fuch fum as he or they Ihall P-^^Pf^^^^'^P^y'^^be drawn up to fuch faid demand ; whereupon the ^^^l^'^^^^^ ^X^^fdc by adjudge oi t^he court, effea, ori. ^ ^' JS'S ^t S^ - c^;^ ^^^^ and n cale the plaintitt Iha I De >^¥nnjj J^" _ he taxed bv the proper pfhcer, the fame jhall c" n tull '^"''|f^" '"■ ^ ;, ,^ .l.^ p.,j that every p amtiff or his ccclings in ,he la,d ^'^^-n'?^^,^!' j^l^^^f nifor dcfe^n.s (hall, and attorney may knov^ol A":" f'^^'^^'f^'^^ j,,,^ authorizing fuch payment to he JU 1- l-vf-,1 .or 'H. office.,,c.v,„g the ™e u. -^'-^^^.^.^ Province, Be n ^'•''^^'^ ^Vdui Rain" the uovernnacn f tenant R()vtrnor,.or peih-n cidminiUci.in^ iM^^^.^^^^,^^^ ,i,. Trinitv and Michael- «nJ » «opy "' futh rule ferv- cd on tV.e plaiii- tirt", or liii at. MiT.ey. PnuiiJ.ige anil ffL-b 0! tltv offi- Commiflions of aWue and . aifi prius to iiliifi yearly, iiuo tlie iever'il UiltiicU, illiie^ycaily aiul.every.year, ( UninillCiina im; i'uvv.»ini«v^''' "• --.---- • • ■, , , r he vac^ion between the Trinity, and Michael- fi;Uciblec()n)nvunicati.^yia)y land Uiall oe "P^'J . :,- jj(trias, and the cir- ;lh.ch Ihall be (he,..feat of government nuo the ^^^^^^^ cunvftancesof the Prgyince may ^'^'l^^^ 5 '' ^ ^ri^ - t^ H^e- governor, Jieutenant governor, "^ Pff "/^a a i m be we4 ^^^^ Hilar'y and tiietoHlueyeady and every year ;n '^^^^^^^^ ' ' '^^j^'^^^^^^^ the.feveial Ealler terms. Inch cnrnpiihons o afiize ^"^ f' ^^^ :^^ ^ ^^^^ ^a„„er afore- dUh-ids, asmav he neeellary pr theUu o^ f^ ^, ^;^;/^'„"; .,fo„ or.perfon» ■laid ; and to tb . .-nd, ^^^^^l;';^;^^^^'' :X;^';;^iJ^attorney, t^ take ---^S ^^---^^^"l^t- wSS o a^oi^iiF -' -^^^y ^^ neceflary for th, "by the and luc-ioiin i'.;v.u wilt.- ana rcL j r ^j^. relpcCHvc an- ' trial of all iHues joined m ^he ja.d court^as my ^^^itu^^ p^ocefs inTluch man- ail.. u"in the courts ■nt\ oftener, when tircum. ftanccswiU r^"' piit. f.-.rt I'tnce ncr and I'ovm, an« il with fuch awards, as is pra lUfi in England. XVIII. Special com- miflioiin for the trial of oflVnd- eri, to iflVic, pcdietttb B)»H)oit Itil^Mi* nernt' ttytrtf ift- fucs joniei-in die Haine dil. tria. rirjtfarlimtnt. C. a. In the ihtrtj/r/ounhyea/ ^/George the Thirl A. D. 1794. 7 J XVrn. Provided always^ That nothing h«rein contained fhall grev«nt or be *onftrued to prevent the governor, lieutenant governor, or perfon admitiifter. ing the government of this Province, from iffiiing a fpeciat ComoaiOioft or coramiffions for the triaf of one or more offendfer or offenders upon exuaOrdi- nary occaftons, when he ihall deem it rcquilite or expedient that fuch com- flpiifllon Ihould iffue. XIX. Amd'be it further EnaEled by the Authority a/orefaid, Th^t upon atr if- fues joined injihe laid court in any fuit or 'ftion which (hall arile or be triable wiihin the Home diftritt, or in the dillrifcl wiiere the court fliall be holden, the chief juibice, or in his abfence, any other judgp of the faid court, fhall, a^ juUice of niii prius for the ftid diftrifib, at their difcretion, either in term time, m- within ten days next after the end of every Eafter and Trinity term, refpec- tiveiy, tiry alt manner of iHues joined, in the faid court, which ought to be tried by an inq<»elt- of the iaiddilttiot, and that commilflons and writs of nili prius fhall be for that putpofe from time to time awarded ; and it fhall and m^y be lawful for any perfon or perfons, upon reafbnablb notice as herein after fet! forth, given to the adverfe party or their attcf ney, to take and fue forth fuch writs and records of nifi prius as may be ntjceffary, for the trial of fuch iffues afr, jaiorefaid. ^ XX. And' be it Juyther EnaBtd* by the Authority a/ore/aid; That thp ffjerifft of the feveral diftrids fhall, and they arc hereby reejuired to malrereturnof ^\], writs of nifi prius which fhall be delivered to them, or their futiici«nt deputy,, before the faid chief juftice, and ever){ other judge Wio fhall be aifl»gned.toc;te. cute fuch commifTions of aflize and nifi pnus, and fliall give their attendano* upon the faid. chief juflice, and each other juftice, as weU for the returning of fuch tales de circumitantibus as fhall be prayed for the trial of fuch ifTues,^ as for the maintenance of good order in the king's court, and for the doing and' executing of all other things to the ofhce pf fli.eriflFin.fu,ch.cafe belonging andj appertaining. XXI. And he it further Enacted by tfie Authority a,forefaid; That no indift- mem, information or caufe whatfoever, fhall be tried at nifi prius, before any judge or juHice of afhze or nifi prius, or at the fittings for the Home diflri6t,, or diftrict where the faid court fhall be holden, unlefs notice of trial, in writing, has been given at leaf! eight days before fuch intended trial ; and in cafe any party or parties fhall have given fuch notice of trial as aforefaid, and fhall not afterwards dtily countermand the fame, in writing, at leafl four days, before fuch intended trial^ every fuch party fhallj upon neglect of bringing fucb iffue to trial, be obliged to pay unto the party or parties to whom fuch notice of trial fjjall have been given, as aforefaid, the like cofli and charges as if fuch trial had not been countermandedt XXU. And ke it further Ena^ed by the Authority aforefaid^ That no in- dictment, information or caufe whatfoever, fliall be tried at nifi prius before any judge orjufUce of aflize or nif» pnus, in any diftrifcl, other than tlie Home diflric.t, ordiflrifct where the court fhall be holden, unlefs notice of trial has been given, at leaf! twenty days before fuch intended trial,; arnl in cafe any patty or parties fjiall have given fuch noiioc of trial- as atbrefaid, and fhall not aifteivavds duly counteroaand th^fanje, in writing, at leaft fourteen days before luqh intended ^rial, every, fyc^ party fhallj upon neglett of bringing fuchiflue- t9. trialsv k^ obliged to pay unto the part)\ or. pari^ii to W'boi» fueh aotie* ot K • trial Writs of nil! priui to Ke (utS forth. Sfitttfit^ilNlM. return of ail writa of nib friui, and to give their at- tendu(e udm^ tht thief jJi^ tice, at oihtf',. judge of ^flil*. Notice of trial in the Home aiftria. Counterman! thereof. K«tln»f,HU, in the 9ther.4<{* tria». C«unterman4 therc9f. 1 m- C. i« U: i' fL CofflmiiRoni for the rxammation •f witlMffci without the pro- vince, and of ?lcrroili, aged, otirm, or going to depuc the Fioviact. Exccp.tioni, in certain cafe;, to the evidence ob- tained |>y fucj) cMiminttiont. ff «ftr ef fuit to he regulated by the ilatutci and ul'agei ef En- gland. Commiflioneri to be empower- ed to (ake afli- daviti. Force and efTeft 4)t' fucU affida- vits. Paini and pe- nalties of perju. ry in making fuch afiiilavit. In the thirty.fourihytar ef George the Third, A. D. 1 794. Third Sijfitn JOHN CRAVES 5IMC0E ESiJUIRE, LIEUTENANT COVERNOfc, ,1 Irial fhall have been given as aforefaid, the like cofts and charges as if fuch trial had not been countermanded. XXIII. And whereas it may in many cafes be defirable for the furtherance of jullice to obtain the depofjtions of witnelles in civil fuits, which cannot be had by the ordinary procefs of fubpcena, Be it enafcled by the authority afore- faid, That where the caufe of action arifes without the juiifdiftion of the court, it fhall and may be lawful on fpecial application for that purpofe made, to iffue a commilfion under the feal of the court, to take the examination of witneflcs reliding without the limits of the Province, due notice being given to the adverfe party, to the end that he, Ihe or they, may caufe fuch witnelles to be crofsexamined, and alfo that when the tcltimony of any aged or infirm per- fon, or of any perfon about to depart the Province may be required,, it fhall and may be lawful for the faid court to iffue a commifTion, in like manner, for the examination of fuch aged or infirm perfon, or of any perfon about to de- part the Province, due notice being given to the adverfe party for the purpofes aforefaid. *^ XXIV. Provided always, and be it further EnaEled, That the examination of fuch aged or infirm perfon fo taken, (hall not be admitted or read at the trial of any iflue, in cafe he or fiie be living at the time of the trial, and that the cxami- natiop of fuch perfon about to depart the Province, fo taken, fhall not be ad- mitted or read at the trial of aoy iffue, in cafe he or fhe ihall be in the Province at the time of fuch trial. XXV. And be it further Enacted by the Authority a/ore/aid. That the allowance of colls to either party, plaintiff or defendant, in all civil fuits and penal actions, be regulated by the ftatutes anduiaggs which direct the payment of colls, by the laws of England, XXVI. And be it/urther Enacted, That the Chief Juflice and other the Tuf-, tices of the laid court of King's Bench, for tlie time being, or any two of them, whcreofthe Chief Jullice for ihc time being to be one, fhall, and may by one or morecommifhon or commiflions, under the feal of the faid court, from' time to time, as need fhall require, empower what, and as many perfons as they fhall think fit and neccffary, in all the feveral diUricts within this Province, to lake and receive all and every fuch affidavit and atlidavits as any perfon or perfons ihall be willing and defirous to make before any of the pcrions fo empowered, inor concerning any caufe, matter orthiiig depending, or hereafter to be de- pending, or in any wile concerning any of the proceedings to be in the faid re- fpective courts, and that it ihall and may be lawful for any judge «f aflize, in his circuit, to take and receive any affidavit or affidavits as any perfon or per- fons fhall be willing and defirous to make before him, in or concerning any caufe, matter or thing depending or hereafter to be depending, or it; any wife con- cerning any proceedings to be had in the faid court of King's Bench, which laid a^ffidavits, taken as aforefaid, ffiall be filed in the office of the faid couri, and there be read and made ufe of in the faid court, to all intents and purpolcs as other affidavits, taken in the faid courts ought to be, and that all and every af- fidavit and affidavits, taken as aforefaid, fhall be of the fame force as affidavits taken in the faid court fhall and may be; and all and every perfon or perfons lorfwearinghim, her, or themfelves, in fuch affidavit or affidavits, Ihall incur and be liable unto the fame pains and penalties as ii fuch affidavit or affidavits had been made and taken in open court. Provided Fee raritkiaff •Hdtviu Commi^i ibeiT rca> f'utij.hui not give their votei id Limitation of tiff till. Security to be ■iT«n.' Ctfei of ippe.tt to his MaJcAy in teuncil. Security to be EiVen. Vrevifinn for if«movmg -Sfi c»,irt of king'j ^nch »o ano. thcr pUc»' of Koldii^f th9 ftmt. tr^, for the Honae diftrict, and for the Wertcrn diftrid of this Province, reC- peaively, fl?a|l be tranfmiiied to, and depoftted in the faid court of kinar bei^ch, andmakean:»rtof the.rccords of the faid court, for (dl fuch purpofes a»tola>v andju . .. n, . ,)t.rtain. *^ }{Xt^\U ArJ be ,i further EnaHed^ That the governor, lieutenant gover- nor, or p?ribn ^Juumltering the government of this Province, or the chief juftice of thi Province, together with any two or more members of the cxe- cutiv*: pouncjlof the Province, ftiall conipofe a court of appeal, for hearing and cjetermlning all appeals from fuchjudgmeins or ietticncesas may iawliiUv bp brought before them. XXXiy. Provided alway and Pe ti further Ena^ed^ That when any peiw fon having glvei^ the judgment or fentence appealed from, fliall be a memher of the court of appeal, it ihall and may be lawful for him to aOiga to the ikid court his reafons for del*veringfuch judgment, in cafe he Ihail befodifpofed, but he Ihall not be at liberty to give his vote in the decilion ol the queUion, beki|rp the court. XX XY- And be it further Enabled, That an appeal fhall lie to the court of the governor ^ndeJiecuiiye council, from all judgments given in the faid court of king's bench, in aU cafes \g fuch fecuri^y yx- ^cmioii fliall be liayed m the original caufe. ^^Xy^- And be it fun her EnaOfd by the AutharitY afore/aid^ Thai thejudto. ment of the faid court of appeal Ihall be final, in all'cafes where the mattei m coiittoverfy (hall not exceed the fumor value of five hundred poirnds fterling but in cafes exceeding that amount, as well a'* in all cafes, where the uwiter in quellion fhall relate to the taking of any annual or other rent, cultomary or, o- ther duty, or fee, or any other fuch like demand of a general and public nature, af^eding future rights, of what value 01 amount fi>ever the fame may be, an appeal mav he to, his Ms^jefty, in his privy council, upon proper fecurily being given by the appellant that he will effeaually profecute his appeal, and aniwer ' the condemnation, and alio pay fuch coRs and damages as fhall be a' rded by his Majefty, in Ijis privy council, in cafe the judgment of the faid court of go- verno-and executive council, or court of appeals (hall be affirmed : and u oi» thepcueaingoffM(;h fecurity, execution of the faid judgment fhall be Itayed, until the final determination of fuch appeal to the King in council. Provided aliuays, and be it fitrther ^naaed. That in time of actual, war, and when there may be reafbn to fufped an invafion of the Province from the King's enemies, it fliall an4 may be lawful for thp goyo r, lieutengnt gover- nor, or perfon a^miniftering the government, by, and muu th^ advice and con^ feniQ^theexecuwYscoundljtp iffuc his.prpclanu»»onjo i»in»vjs tbe place of ittiidtng fir^ i»4rKment. C. f. in 4hi tkir^/turtk^iMrtfiiiifrgrlhe Thirl A. D. 1794:T>/ holding the faid court, and to appoitit and make known fuch other place, vithin the hmiis of the Province, as lliaU be Ueeioca naoll Ule and couveuitiit lor liuliiing the iaine. XXXV IL And h it further EnaElfd h t\e Authority a^refaid, Thit it fhall ind may be lawful for the pcrfons herein after tncnuoi.ed, to dniiaiKl ai»d take the following feet, and no more, ftn ihefervice.i rrfpftlivcly ftt li)rih X XXVI 11. Proindtd a/wd>j, That it fhall and may be lawful for his Majef- ty 4 atiorne%' general to demand ami reccivt \us fcts io the incrtaltd proporaon of one thwd, to thfe Meowing table, to wrt : i. d. Taking inftruflitinstoprorecute or defend, with warrant of at- torney, - . 5 For drawing declaration, - 5 Copy of the fame, - - a JKntcring common appearance wiih clerk, . . | Pkadinff general ifliie, - 3 Special plea, replication, of o- ther pleading, • - 10 Copy of the fame, - - g Uiawuig aiiulaviiy * ' 5 Noitfce of trial and all other no- titVN, Every fubpncna. Every moiion ofcourfe, Every fpecial motion, Frrparmg brief of facts. Arguing (iem«rer, Fee with brief in mattei^s under £30 — loj. above O f Every «*trce(rary atieiidance at ; the ()Hice,()roii iwlverfc- parcy, : Attendiii;^ lolfnWc fpccul jury, Artendnt'4 taxatiorv of colts, S, d. Un. Tncreafrd feel allovrcj la hi« Mijcity'. (itor. ncy geacraU 8 i 5 7 10 >o Feet it be taken by the Clerk ^J the King's Jiench m Civil Cou/es 7 5 f^yt lealing, entcrit>j| and filing - every wril or precipe, Foreiiieriiig appearance. Drawing every ordcj or rule of court. Filing every declaration, pliea, demurer, or any pleading or paper^ Attendin,^ andltriking of fpecial jury, wiihcopics to each party Every recognizance entered iu court. o o Drawuig e\ cry poftca andjudg- inent. Writ of execution, ExtinplilicaiioiKs and copies of all ncord.s, for tadh fhcet >3 5 coiitaiiiini^ 72 words. Entry of every eaufe, Drawing the jury, Seal tiling rttords for any one )ear, General fcarch, g O Entering [ytisladion on record, Writ of ixccuiion, poflellion, 5 O reflituiioWy MARSHA L L. a & 1 Entry of verdict, ., 1 a 2 Calling and fwearing each jury Calling Plaintiff on nonluit, 2 6 C R a o 1 o wrat. Serving Arreft^ Bail Bond, Poundage on execution, When for a fum exceeding lool, o Service of wril ol poflelhott, or / £ R. Proclamation calling any party on recognizance, SHERIFF. BiHiging up prifoner by habeas corpus, in civil eaufe, Travelling per mik. Executing writofcnquiry, fum- moning jury, and return of inquiiitisn, . , o J. A-ttcndingvicw per diem, 5 & o o o 6 3 12 d 10 13 6 o o 6 o 6 o 6 o 4 o o o 6 6 5 o o 6 o o fl ■^i liil 'VrttmbU. Fft.ihliflimfnt tfi count *nil jurililic^i'M) of the Jiftrift Tcrmt, or jie. tloii 111 litlillg tliereof. CoMrfp of |iio. cecJiug ilicrciii, Form of Sum> Cioru. Strv\>-r of fiuh procffj, Arrfffincc by pUiutilf in ilc- f^iiik of defcn- 4«at. C. 3. In the ihirty.Jowlh year of Ctorge the Third. A. D. ij§i. Third Sefion JOl^N GHAVtS SIMCOE tSViUIHK, tlUTTIiNANT CUV«*NO», ritAP, III. An ACT to ejlablijli a Court for the Cognizance of Small Caufei in each md eve^ F ry DijirUl of chii Province. OR the more convenient adminidrauon of julticc in finall caufes, in each (lidna of tins Province ; Be it cnaHecI by ihe Kill's nioli cxccJIent Ma- |clly, bv and witlj the advice and conlent of tlu; LeKillative Couiicd and Adcm- blyof He Province of U/jfier Canada, conflitutcd and alieiubled, by virtue of a;id.iiiderihe authority ,.f a„ Ad pafTed in the Pariiameni of Great Britain iimtiikd an Ad to repeal certain parts of an Ad palled in the fourteenth year of hu Majclfy\srei>.n, intituled, "An Afct for n.akinK nicne effectual provibon for the government of the Province of j^^y^^^c in Nurt/i America, and to make further provihon r.x- the troverninent of the laid Province," and by the authority of the fame, That there be conlUtuted and elfublilhcd, and there IS hereby c.ilfii.Mcd and ellablifhed, in each and everv dilfricf, a court whicli Jhall have co^^nizanceinalladions ofcontiadjor fuias above forty fhillini!5 not exeeedinu the fum of Hfteen pounds, to be known b^ the name and livle of the Uiltrid Court, of each relpedivcdilfrid, and (hall be fiolden by one or more jn(|..e or judges, to be appointed by commillioii, under the Ki'eai feal of the ProvuKc. II. And forthcrc,(Tulardirpafchorbufiners,P,cit further Erviacd, That there. be appointed f>.ur period.s of fiitins,', or terms for the (aid court, in each and every year, wfiich terms fhall fcverally comm( ncc on the Monday in tlie week next i.utoneprecedin^ the week in which the {indncr Seilions are refpedivelv holrle.i, ui rach diftrid, and (hall end on the Saturday in the fame week, which courts fhall he Irverallv holden in the reCpedive town, townfhip or place where. in thccoun-houfe for the tlilirid is direded to be built, excepting in the WefU ern fliflrid. where the laid court (hall be holden in the town of Delrott. III. And be, it furihrr KncFled h the Authority afore faid. That the cmirfe of proceeding in the f^jid toiirt (hall be bv lamiuons, ilfuiniiin the Kind's name returnable on foine day in the laid term, and bearing telle in the name of the (ir(l judge of the court, which may be in the following form : DisniicT 1 GEORGE the Third, hy the grace of God, of Great Britain to wu. / France and Ireland, King, DJ tender oj ihe Faith, and fo forth, 6?f. -^ ,,, , , , . . To A. B. Greeting. vVf comman/i you, that you do either in pcrfon or by your attofiiey appear at our Dilliid Court to be holden at on the day of to an- Iwer the complaint of C. ]). in a plea ofcontrad, whereby you have promiCed to pay him the fum of/ . for (the confidcration) and which yoij refufe io^ pay him as he fays : witnefs E. V. judge of the laid court, this ' dayof in the year • ^ IV. And he it further EnaLhd, That the fair! procefs fhall be ferved on the dc fendant or defendants by a literate perCon at leaff ei>,Hit days before the return tbcieof, and in cafe the faid defbndant or defendants fhall not appear in court either in perfon, or by attorney, on the return of the piotcfs, it fhall and mav be lawful for the (aid plaintiff or his attorney, on the day next after fuch retura day, upon ^hdavit made of the ferviceof fuch procefs, to enter an appearance .or fucli dcfcndaiu or defendunt.s, and on the day next after the entry of inch >; appearance. Firjl ParUamn, C. 3. h lUHirly/curth „„ „/ Onrg, ,u TM, A. D. . joi- 79 writ offn^uir^. A fett off ad. miilible, cn iluf iioiice. the week mwh.ch irq ur "r^'lfolr :1/\V"'"'^ '" "^^" ^"^^''■- »*" the hrll day of the follolmg ter„I " "'"' '"''"'«' ""^ '^''"".ablc y. ^nc/ ie.or,andchc-c,",v;o;'«;','j'rk :ts X. And ,0 ihc end that ,hc lr,al , lU Mm , K , "' ? """-'""• «llas>hee.ec,uio„ oUll « 0. i, m , be Ld ou, ''' "'^- 'T" '"""' " V" ""■ tained by defauh as a for,, r.,, I r, u ' . V , " "'" "P""J"i^Knii'ntsob- p'"" "'■ '^"">- place, it il,a.l ^nd'^ ^^:^;, K^ X ^ cl U.:!t th^Tr " ^ ^"^^^ "'' ^^-' '^ lus precept to the fheriff' of the dritrid at Iclfl a vl I "r '""."' '" '^"'^ vvhich the fdiions are holden ren ml. ' • r '^^^^ '''^^"•■^' ^'^^ ^^'^'k in On motion, du. ly lupiJuricil.the tiHiit m.iv "r lilt further lime t«i Notice of trial liitrcol, Provifioiu in calc ol ii.nbiiiij '"« Ihc itlut (o 'rui, after luv- "ig givmnctite, ami no coun i. manii. ana to execute writs oJin^uiry, ■, —I* ic ■■*' ' ■ ; Vt IIP; I • ill I '' W '-1 fl ■'f ;t. 80 C. 3. 4. Vre for eich juror. final judginent tniX exccuuoa. Motion in arrrft of judgiiunt, or for a oew trial. >CM. Attorney'*. Sheriff's. Clerk's. Crier'J. ijudge'c Cbtamblct ^ih thiviy^un^h yta^ ^ q11 1- 1: r.. •tUIiKlli;.C5 Ul llilS Preamble-. .ing-.ofmome.^,orimpofingof fincj, forkiimes and penalties fhouid mention ^ and ■Ki i ■'. r . u. •» C. 5. 6. In the thirty fourth year of George the Thiriy A.K). 1794. TAtri Sejim JOHN CRAVES SIMCOE VsfJUlRE, tlEUTENANT GOVERNOR. and declare the fame to be granted or rdferved to his Majefty, his heirs and fuc-» ceffors, for the public ufcs of the faid Province, and for the fupport of the go- vernment thereof, as by the faid laws dr ordinances may be directed ; Be it en- abled by the King's moft excellent Majefty, by and with the advice and confent of the Legidaiive Council and Affembly of the Province of Upper Canada^ conftituted and alfembied by virtue of, and under the authority of an Ad pafl'ed in the Parliament of Great Britain, intituled, an A£l to repeal certain parts of an Aft paffed in the fourteenth year of his Majerty's reign, intituled, " An Aft for making more effeclual provihon for the government of the Province of Q^uc- btc in North America, and to make further pro vihon for the government of the faid Province," and by the authority of the fame. That \\\c due application of all monies heretofore granted or referved, and ariling or accruing to his Majef- ty, for the purpofes aforefaid, by any Actor Acls of the Le^iliature of this Pro- vince, heretofore made, fhall be accounted for unto his faid Majefty, through the commiffioners of his Majefty's Treafury for the time being, in fuch manner and form as his Majefty (hall direct ; any thing in any former Aft or ordinance or claufe in any A^t or ordinance to the contrary hereof in any wife noiwitB-- The applica- tlon of all mo- ■ict levied lor the ufes of the province ; and •f fines, Jcc. to be accounti J for ttt hil MaicA/. ilanding. 4 CHAP. vr. FfVMnble. A 9th clafs of inliabitant houfe holdeii to be aiici lothefor. mercUirss, An<( alio • tnth clals. An ACT to amend certain parti of an AH pajjed in the thirty third year of the Reign of lui prefent Majc/ty, iniiiulcd, " An Act to authorize and dircH the lay- ing and coileBing of Ajjejjmenti and Rales, in every Dijlritl within this Pr^- vinrij rnd to provide jor the Payment of Wages to the Member i of the Houfe of AfffKbly" \%. fHEREAS the provifions contained in a certain Aft pafTed in the laflr v V leilions, intituled, " An Aft to authorize and direft the laying and col- leftii^s; of Afleftmeiits and Rates in every Diftrift within this Province, and ta provid? f( the Payment of Wages to the Members of the Houfe of Anembly,'" have hiitn found to be not fufhciently comprehenhve ; Be it enacted by the King's moft excellent Majefty, by and wich the advice and confent of the Legif- lative Council and Afrcmbly of the Provinceof£//;/'fr Canada, conftituted and' ad'embled by virtue of, and under the authority of an Aft paffed in the Parlia- ment of Great Britain, intituled, an Aft to repeal certain parts of an Aft paff- ed in the fourteenth year of his Majefty's reign, intituled, " An Act for mak- ing more effectual provifion for the government of the Province of Quebec m North America, and to make further provihon for the government of the faid Province," and by the authority of the fame, That in addition to the eight claftcs by the faid Afct directed to be made out, it fhall and may be lawful for the allef- fors of every parifh, townfhip, reputed townlhip or place, to be nominated and appointed for the enfuing year, and they are hereby required to make otit a ninth clafs, containing the names of fuch inhabitant houfeholders thereof, as the faid afTefibrs to the heft of iheir knowledge and judgment, believe to be poffefT- cd of real or perlonal property, goodi or effects, to the value of four hundred and fifty pounds, and not amounting to five hundred pounds. II. And further to make out a tenth clafs, containing the names of fuch inha- bitant houfeholders as the faid affeflbrs, to the beft of their knowledge and judg- ment, beheve to be poffeffed of real or perfonal property, goods or effects :o the value of five hundred pounds^ and not ainouMting to five hundred and fifty pounds ; Jirfi ParUament. C. 6. 7. In tfit thiMourlhjxar of George the Third. pounds ; and further to make out a lif^ of aU fuch inhabitant houfeholders as a- foidaid, as the faid aflellbrs to the bdl of their knowledge and judgment, be- lieve to be pollefled of real or perfonai pioperty„goods or eftects, above the value of iive hundred pounds, fpccifying tht- particular amount of the value of the^real or pcrfonal property, goods or efi'ects, of the faid perfons, according to the beft of the knowledge and judgment of them the iaid alftfl'or^, which hit fliallbe known and called by the name of Upper lilt. , . „ ,, III. And hi, it further EnaBed by the Authority aforefaid, That it lliall and may be lawful for the collector of each parilh, townlhip, reputed townfliip or place, to be nominated and appointed for the enfuing year, and he is hereby au- .thorized, to.y TTatcf . Roftf r for re» julatins thv turn cf duty. Manner of forming th« ftme. «4 C. 7. /« ^« thirty-fourth year o/Georgetke Third, A. D, 1794. Third Sejt0ji JOHN CRAVES SIMCOJi iiSQUIRi, ^UUTENANT GOVERNOR. f^r^oftr:: ^^^^j; »nd ro often as occafion may require, it (hall and may be lawful for the governor, heutenant governor, or perfonadminiftering the government of f hi! Provmx:e, to emplov the militia of this Province, either upon land'or upon the lakes, rivers an^ commun.cations thereof, in fuch parUc. or detachi^enu as by him /hall be deemed expedient "'^wcnments ,; "• .^""^ ^!}^':^^,by » '^^"■^"n Afcl intituled, « An Ad for the better regula- uon of the mihuauf th.s Province," it is provided, that it fhali and may be awful for the perfonstherem mentioned, on certain occafions, to call ouTdc ^chmcnts of the m.litia; Be it therefore enaCM by the authority a ore aid That the perfons to ferve on fuch detachments, (hall be reS^takin fro^ time to time as they fhall be required, from a rofter or IKlTreSe the t^^^^ of duty to be firlt formed by ballot, of each and every perSi^e ch eV pcdive battalion, regiment or independent company, and fh.t aft^r the fame has been formed, when any perfon fhall be enrolled as a militia man in any tT\T 'JfT"' u ."'^P^'"^^"^ ^«'"Pany, the name of fuch maii lallbe nilertcd and Follow the laft perfon in the faid rofter, the initial of whofe rname corrclponds with the initial of the (irn.me of the man fo to be inlb Ld and Vlien any detachment fhall be called out for fervice, the adjutant or officer commanding each battalion, regiment or independent' company, niaH give no. CO to he perlons upon the turn for duty, and every perfon receiving flch o t.celhall obey the fame, under the like penalties, and fubject to the fame ex, e.nptions, as in the faid Ad abovementioncd are L forth in. And bcitjurther EnaMcd hy the Authority a/orefat'd, That when any de awful .or the governor, lieuicant governor, or perfon adminiftering tlJeo! an) of the l^ke. rivers or communications by water of this Province, with great guns or artillery, as well as with Imall arms, us occafion may require, and hall and may appoint them ,0 be flationary m any of the creeks or hlrbo s of the aid lakes or m any of the rivers of the Province, and alfo to train ai^d water. '° '^" "'" "^ ^'''' «"'" °^ ^"'"^^y' '' ^'^'^ ^V 'and as by r.iX' ^"^.^'^^f^^^ j.^ '"ay be conveniens when a fuflicient number of horfes can be provided, to form one .r more troop or troops of perfons to fc v e a avalry; Be it enaded by the authority afo;efaid, That it fhall and may be awlul for the governor, lieutenant governor, or perfon adminiftering Te^.o vernment o this Province, to form and embody fuch troop or troopl and °o employ the fame on fuch duties as the neceflity of the fervice may remiire V. And be tt further EnaHcd by the Authority ajorefaid, That allde.ichm'ents to e ca led out and employed as aforefaid, may and fhall if need require, be detained on fuch fer^Mce for and during the fpace of fix months at oi^t me and no longer, provided that every fuch detachment be relieved by the arrival of a frefli detachment, fufficient for the indifpenfible occafions of the fer" ce at fuch period, for which purpofe it fhall and may be lawfyl for the p -oner oft r.'[f .o",h''''.K '' '''" ^'^""'^ thecxpiration of^thc faid period of ^fXe, fo" ^all together the remaining parts of the faid each battalion, regiment orTnde pendent company, or fo many ?s may be neceffary acco dinj to their feveral terms, to be regulated by the roller as ^orefaid, to relieve fuch^delch^.!^ VI. Provided- Notice tob* given 10 tlic fttCiiixs QUI the >urn lor duty. Power to ft.i. lipi) the miliii.i, »n Jctachitidits hy land or w.i- •f r, and to (uiii •liein to 1 lie iil'e ^tartiUwy. And to form, Mnbody, aiitl ^inploy ttaof] «Xharlc. Period of fcr- ■vice of dctath- Mcnti, provifion. Mcafures to ht taken to re> ficve detach. menu. Iir/l,Fm'Mment C. 7. 8. Jh the thirty.fourthyeQr of Gmgt the Third. A. D. 1794. 85 •r 7: ^^°^^^"^ always, and be it further EnaBed by the Authority a/orefaid, That if fuch (Jetachmeuu catiiio.t be replaced by an equal number of men of the re- maimng part of iucb batiaJioii, regiment or independent company refpeaivcly, then and w (uch qafc, every fuch detachment to be relieved as aforefaid, fhali ballot or driw Jots for , fuch a number of men as may be wanting to make the Jucceedmg detachment, equal to the detachment relieved; and the parties w hole names ilul I be drawn, Ihall be liable to fcrve with the faid detachment • but ii> cafe of a partial reliely they liiall be the firft to be fo relieved either wholly ojF by ballot, according to the number to be relieved. Vil. And whereiis by theiiud Atl abovcmentioncd, it is direfled, that all perfons frpui the age of iixteen years to fifty, Ihall be liable to the performance of the feveral duties therein mentioned and let forth ; Jie it enacted by the au- thority aferelaid, That the duties herein required to be performed, be feverally and refpeaively extended to all perfona from the age of lixtcen years to fixty. VIII. Provided always^ That no perfon above the age of fifty years (hall be called upon to bear erms, excepton the day of the annual meeting, or in time of war or emergency. IX. Provided alfo, and it is hereby further EnaBed, That each and every of the perfons ulually called Quakers, Menonilhand Tunkcrs, that have attained the age of fifty years, Ihall not be liable to the payment of fuch fum of twenty jhjjhngsfor be.ing exempted from fervingin the faid militia, in time of peace, but that in time of war or other emergency,, they Ihall be liable to fcrve, or to the payment of five pounds for being exempted for every year, until they ihall have attained the age of fixty years. CHAP. VIIL An ACT to refrain the cu/lom oj permitting Horned Cattle, Ilorfes, Sheep and Swine to run ai large. TIT" HERE AS the cuflom of allowing homed cattle, horfes, fheep and V V fwine to run at large, has been found occalionally inconvenient and detrimental ; Be it enattcd by the King's moil excellent Majefty, by and with the advice and conlent of the Icgidaiive council and affembly of the Province of Upp.er Canada^ conftitated and affembled by virtue of, and under the au- thority of an Afct palfcd in the parliament of Great Britain, intituled, « An Ad to repeal certain parts of an Mi pafled in the fourieenth year of his Ma- jefty 's reign, intituled, '« An Ad for making mure effectual provifion for the government of the Piovince of (luebec, in North America, and to make fur- Hier prpvifion for the government of the laid Province," and by the authoriry of the fame, That from and after the palling of this Act, it Ihall not be lawful lor any perfon or perlons to permit any horned cattle, horfe, fheep or fwine to run at large, otherwife than under the regulwions and rellric'lions herein after provided. n. And be it further Enabled, That henceforth it fliall and may be lawful for the uihabiiant houfeholders, or the greater part of them, in every diftria withsii u.i^ Province, in their annual town. meetings lawfully affembled, to af- certain and determine in what manner and at what periods, horned cattle, horfes, ajcep and fwine, or any of them, fhall be allowed to run at large. Whtn they ca« only be partially .relievo4,the.p-i. Ibni to ciua . on fervlce li ill beafcertalned by ballot. that the fame, or any part 'Within tneir refpedive divifions, or to refolv« thereof, Ihall be reftrained from fo doing. ill. And be it Juri/ier EuaSed, That if any horned cattle, horfe, Iheep or iwine Duties requi- re J by this A<* Ihall extend from the age of 16 years tofio. Provifion (ot perfons ahove the age of 50. And far Qua> kers, MeuoniL^' and TunlLcri* Preainbl«». Cattle henc»»' fortii not to ruQ at large, but un. der certain re« {Illations. Which regula* tions fhall be made in the ref- peftive town meetings aaoo* ally. Cattle ttttp^ !t ifQ i^t 86 C. 8. 9. pounJ eJ,. until the damages dpne and the ^iound.kei"per'« Uci be f aia, Which fees fhall be regul.^ied in ^uarwr leffions. Preamble. Kecital of A& 3J Geo. 3. The farae te'5 pealed in as Ur JH iccUcJ. . JKut to levivs In the thirty-four}fi year o/Geofge the Thirclf A, D. 1794. ThirS S(jlM JOHN CRAVES SIMC02 £SQU1R£} L1£VIT£NANX aOV^RNQA. fwine be found running at large in any town, townfiiip, reputed towndiip or place, contrary to the regulations of the town meeting thereof ; it (hall and may be lawful for any of the poundrkeepers thereof, and on receiving notice, he is hereby required to impound fuch horned cattle, horfe, fheep or fwine fo trefpalDng, and toxietain the fame, until the perfon or perfons who may have fullaiued any damage by the trei'paifs of the fame, (hall have received from the owner or owners of <|ich horned .cattle, horie, ^jieep or Jwine, reafonable conipenfation, .and until the fees of fuch pound-keeper ihall have been fatis- ficd, which fees his Majeily'sjuRices of the peace in their gen^^ral quarter fef- lions allembled, or the greater part of them, are hereby authorized and re- quired to regulate and afcertain, in and for their refpcttivediftrifcls ; any thing in any Aft or Ordinance of the late Province of Quebec^ or in any Atl of the legiflature of this Province to the contrary of theprovilions of this Adin^ny wife notwithttanding. CHAP. rx. \^n ACT to repeal certain parti of an AH paffed in the Second Sejfion of the Legiflature oj this Province^ intituled, " An AEl to regulate the laying out^ " amending^ and keeping in Repair the Public Highways and Roads xuithin " this Province,"' and to make further Provifions reJptEing the fame. WHEREAS by an A£t palled in the thirty-third year of his Majcfty's reign, intituled, " An I\.t\ to regulate the laying out, amending and keeping in repj^ir the ptiblic highways and roads within this Province," -It w^s provided, that it fhould not be lawful for any owner or occupier of lands ad- joining to his Majefty!* highway or road, to girdle or caufe to be girdled, any tree (landing upon fuch. lands within the diftance of thirty yards from the (ide of the (aid road, and that frcvm and after the firft day of September, that wUJ be in the year one thoufiind feven hundred and ninety-four, if any girdled tree or dead tree (hall be found (landing within thirty yards of the ("aid road, it (hall and may be lawful for any penfon taking with him a credible wimefs to give a vcibal or written notice jtp the, owner or occupier of the (aid lands, to cut down or remove fuch girdled or dead tree or trees, and in .-cafe any owner or occupier of the laid Ijmds, (hail negleft orrefufeto cut down or remove any fuch tree by the (pace of thirty days, after fuch notice as aforefaid, he fhall forfeit and pay the lum of ten (hillings for every day that the faid tree or trees fhall be fulfered to remain uncqt or unremoved, after the expirttion of fuch period as aforefaid; which penalty "(hall be Jevied and applied in manneraiid for the purpofes therein after mentioned ; and whereas fuch provifion is found to be inexpedient ; Be it. therefore erjaded by the King's moft excellent Majel^y, by and with the advice and confent of the legidative council and aflembly 6f the Province of Upper Canada, conlUtuted and afl'embled by virtue of, and under the authority pf an Ad paded in the Parliament of Great Britain, inti- tuled, " An Atl to repeal certain parts of an Ad palled in the fourteenth year of his Majeftys reign, intituled, " An Atl for making more effedual provi- fion for the government of the Province o( Quebec, in North America.^ and to make further provKion for the government of the faid Province," and by the authority of the fame, That (uch part of the faid claufe as herein before is mentioned and fet forth, (hall be, and the fame is hereby repealed. ' II. And be it further Ena^tdf Ih^t it fhall and may be lawful for the magif- Y rreami)]«> Firjl PtirUenKnt. C, ^-to. Jn the thirty^Jourtk y(»r of George the Third, A, D. 1 794. ^ Crates, in quarter refliorifi anembled, or the greater part of them, upon pre- progrem»ciy oa fcntment made by the grand jury then and there attending^ that any tratt of [urie^a'^rorjef country along the road fide, the limits whereof Ihall be particularly fet forth, is <"ft«ioiu there- in fucha progreflive ftate of cultivation, that the adopting of the provilion of "^'"' the faitl AtX herein before repealed will be no longer inexpedint, by an order in feffion to declare the fame, and that the provifion in thefaid A61 contained^ fhall be renewed and enforced throughout the faid tra6t or portion of country comprehended and fpecitied in the laid prefentmcnt ; and the faid provifions iball by virtue of fuch order of feRions be renewed and enforced accordingly. ' GHAP. X. An ACT to amend certain parti of an Aii pajjed in the thirty -fecond year of iTn Maje/lfi Reign^ intituled, " /in AEl for Building a Gaol and Court- Houfe *' in every Dijlricl throughout thii Province^ and Jor altering the Names of *' thefaid DiJiriSls" WHEREAS it IS iiecefTary for the eafe of the inhabitants of the Eaftern didritl, that two gaols and coart-ho'ifus fhould be built therein ; Be it therefore enaded by the King's molt excellent Majelty, by and- with the advice and confent of the legillative council and affembly of the Province of Upper Canada, condiiutcd and a Hem bled by virtue of, and under the authority of an Acl paffed in the parliament of Great Britain, intituled, "An Afct to- repeat certain parts" of an Act palled in the fourteenth year of his Majelly's reign, in*- liluled, " An Act for making more effedual provilion for the government of the Province of Quebec, in North America, and to make further provifion for ^the government of the laid Provinee," and by the aut'iovity of the fame, That in addition to the abovementioned Ad which authorizes and direds that agoaf and court-houle for the Eaftern diftrid, Ihall be built in manner therein men- tioned, in tiie towrr of New John/iorvn in the townfhip of Edwardjburgh, it Ihall and may be lawful for the inhabitants of the Eaftern diftrid, to- erect and build, oreaufeto be ereded and built in the town of Cornwall, a gaol and court-houfe, after the manner aad under the rules, regulations and conditions appointed and prefcribed, by the abovementioned Act, palfed in the thirty- fecond year of his Majefty's reign as aforefaid.- I II. Provided ahuays. That all and every thefum and fums of money that ■fhall ®r may heretofore have been received and colleded under and by virtue ,of an Ad pafted in the thirty-third year of the reign of our Lord the King, iniituled, ** An Ad to authorize and direct the laying and colleding of alfefl- menis and rates in every diftrid within this Province, and to provide for the gayment of wages to the members of the houfe of aftembly," and intended to e applied to and for the erecting and building of a gaol and- court-houfe in the town of New-Johnjioxon, under aiKi by virtue of the faid^ Act, paffed in the thirty fecond year of his Majefty';* reign as aforefaid, as well as all and every the fum and fums of money that ftrall and may, by virtue of the abovemen- tioned Act, hereafter to be received and collected (and to be appHed as afore- faid) flialland may be equally divided anddifpofed of, as well for and towards the erecting and building of a new gaol and court-houfe in the faid town of Cornwall, as in the erecting and building of the faid gaol and court houfe ap- pointed to be erected and built in the kid towa of Nevn-Johnjlown- aS' aforefaid. - in >t«/f A gaol ar>3 court; houfe ts be er*£ied in ths town of Corn wall, in the' Eaftern diftrift^ Funds fu;-ereft ing the laid gaol and court- houfff and fupportin^ the future cxpendlturtt . thereof. II )% m The appliciuiiin and dlftrilmiion ot' fuel) funds lo he cogniinhle in quarter relltoiu. The flieriff to nominnte the gaoler, tec. Th giol and court-liaul'e to hi luijer the el- talilJIhed rules Slid regulations. 88 C. 10. ti. lA tht thirly-fMyth year ofGeoi^^'e tfii ffiirl A. CI. ty^i^ fKir/Sefidi- JOHN GRAVtS SIMCOB RS(^UlRg th« cooteiiis ofrate* *>>ic auit. Pen»tty for ufing or having m » ruuacioii to bg ufeJ, ftills of largci illmrn. fioi.t ihii) 1|>«. «r6'-i.in thftii* i( (( it ticeneci (o be iUued by the !'«• cretary. Torm of requU fition for lucb liceacci. « diftrict.' } " or his agent for the V. And be it further Enacted^ That every fuch requifition, figned by the party as aforefaid, ftiall be carefully filed and preferved by the faid fecretary, or his refpective agent duly appointed, (which appointment ihall by the faid M fecretafy Such r«qu^ tions to be fil$A tc copies tKereftf granted, whea If \mi' >> ill '^^R' ! .^_« m i % i. "" \^m m Time of »ppty- U| foi UClDCCi. Tublic notice to be givcD by the Iccrturj. $0 C. ia. Inthethtrty-fturthfiar of George the third. A. D. tj^i, ThirdSeJion JOHN ORAVIS IIMCOK ESV^UiRS) >lKUr£HANT GOVERNOR. fccreury be publicly notified in the Upper Canada Gazelle) and the Taid fecre- tary and each of his laid agents, fhall^ upon application to any of them for that purpofe made, grant to every perfon defiriiig the lame, a true copy of any AicK requiiiiion tiled in hii oiEcc;, on payment of one (hilling by the party ap- l^ying for the fame, which copy (ball be ligned by the (aid fccretary or his agent, and (hall be held and taken a& lawful evidence of fuch requilition or licence, for all purpofes whatever. VI. And be it Jurther EnaEled by the Authority aforefaidy That all perfons defirous of obuining iuch licence as aforefaid, fhaU make fuch application as herein bclbre it let forth, fo that they may be fupplied with the fame, on or be- fore the hith day of September next eniuing, and to the end that the public may be informed where to apply for fuch purpofe ; the fccretary of the Pro- vince fhall, and is heieby required to give notice in the Upper Canada Gazette, or otherwiie, at leaft fix weeks next before the faid fifth day of September, and hereafter yearly and every year at leaft one month before the fifth day of April, fetting forth at what place and by whom fuch licences are to be iffued in every diitrict in this Pro ince; and alio the penalties to be incurred by fuch pcrfons as fhail refufe or neglect to comply with the proviiions herein contained, and the faid fccretary, and his agents in their refpective diflricts, fliall upon fuch requifition as aforefaid, make out and deliver to every perfon applying for the fame, upon payment of the fiim of feven pence half-penny per gallon as herein before mentioned, a licence lor the purpofe of diflilling Ipirituous liquors for a period of feven months, which (hall expire on the fifth dav of April next. VII. And be it Jurther Enacted bv the Authority aforefaid^ That all licences to be granted for the purpofes aforefaid, after the faid fifth day of April next, lliall be dated on the lixih day of April in the year in which they are ilTued, and (hall expire on the fifth day of April next enfuingthe date thereof, and that it fhall and may be lawful for the laid fecretary or his agents to demand and receive from every perfon requiring fuch licence, the fum of one (hilling and three pence for every gallon which the body of the (till or (tills fo licenced fliall be capable of containing, according to the fpecification in the faid licence con- tained. VIII. And be it further EnaSed hy the Authority aforefaid. That it (hall and may he lawful for the (aid fccictary and each of f is agents feverally, to demand and talce the ium of two (liillings and fix pence and nt more, as his fee upon the iifuing of every fuch licence as atotefaid. IX. And be it further Enaded by the Authority aforefaid, That it (ball not be lawful for the faid feCretary or any of his igents, to grant a licence for the working of any 0111, unlefs the body thereof be capable of containing at leaft ten gallons wine meafure, and if any perfon (hall ufe a (till for the diftillii ; of fpirituoul liquors for (ale, the body of which is not capable of containing ten gallons, and be thereof lawfully con- vifted, by confcflion or by the oath of one credible witnefs, before any one of his Majefty's juftices of the peace, he (hall fdrfieit and pay for every fuch offence the fum of ten pounds, one half of which (ball be paid to the informer, and the other half into the hands of his Majefty's receiver general, to and fur the public u(e« of this Province, and the fupport of the governinent thereof. X. And in order to prevent fraud in the matteis aforefaid. Be ir enabled by theau- tbority aforefaid. That it fhall and may be lawful for any ot his Mrjefly's juAices of the peace, upon oatb firft to be made by any credible perfon, that fuch perfon has {ood reafon to believe that the ftill or flills employed by any licenced perfon, does oi do co&tain a greater number of gallont in the body or bodies thereof, than wbat is Ipecitied Duty for the current fttca months. Duty for every enfuiog year. Feci. St'ilti containing left thill 10 gal. I",',- not to be licence! to dif- II.. iplrits for fale. Penalty. .fearch warrant ■• be in^lti an kWiitthh. niifilleri net t« re'-il, nor to b4 tit:r»t<4 CO ««' Itit. )i«rdt «/ tibf ra- tciver ifOMtl* 'ti 'T- u ■ i fpecififd in his reqiiifition or iiceuoe, to grant a fi-nrrlh *wJmftt^'o a plicVofH er j taking with him «4f« piriy making oath aa alorcfaicj. apd ?ny qne other pirfun for the purpife of fxaminitij thcli U-houre or other place, wher* any fttll 'n ftill» rt\ly he fek Up, iihd of mcjfuriiiR or gii iginR the bodiei therCoF ; ProvfdiU alWayt, tl^t no fU»ieCTSt*ed bcff>rr lurt life, or after fdn f'' ' v ,i • •' r- XI. Ahdbf it further EmUcd hy the Autkoriiy afortlaid. That ft fhall^ot belimfulfet ttiy perlan working any licenced Dill «»r i\\\\* a« atoreWd, to (eUof barter any qu»|^ lily of inch diHilied liquor lc(» than thr^-e gallon*, \^^r Ihall it be lawful fpr the fcf crctary of the Province or any of his agents, to grant a licence for the purpofe of dijj tilling fpirituoMs liquors to any perfon or perigns. licenced at the fame time to retail fpiriluous liquors, or to giant a licence for retailing Tpiiituous liquors, to iiny perfoti or p^rAins lirericed at the tame tifne to dff^ill fptritnous Hqiior*. XII. And be it fartlitr A'* ailed by the Authority afor^faid, That all ra*nles which fhaW' be received biy the lecrefavy of thel'rovinre or hi» agent*, under and by virtue of 4hw A«, for liceaoes, to-comnMnce on ihe i h day of Septemljcr next, Ihall be paid ky the faid fecretary into t'le hands of the 'cc« vcr general of this Province, on or before the twentieth day of May and that all monies hereafter to be received by virtue of Ibis A6t, for licences, tocommen* e on ihc fixthdayof April, fliall be plid in to ti.. faid ref elver general, on or before the twenty firll day of June next enfning, »rd that all monies that may be recfcived by virtue of this Aft afier the laid twenvy-firft day of June in each and every year fuceeffively, be paid in to the teoeiver generil,>o« or before the fifth day of April next craftiing. XIII. And be it further Enaded by the Authority afortftud. That it (hall and may be law- ful to and for the receiver general, as treafuiei of this Province, to deduft from and out of thefeveral lun>8 of money to him paid by thr fecretary of the Province, un- der and bv virtue of this Aft, the fum ol three pounds, for every hundred pound! by him received as aforefiid. XIV. And be it further Enaaed by the Authority aforrfaid That atl the fines, forfei- tures and penalties that Ihall be incurred under this AH, Ihill be accounted for to .his MajfRy, through thecommifHoners of his Majcdy's Ueafury fox ihe time beit>iu in luch mannei and form as his Majcfty (hall direit. €HAP. XII. An ACT for regulaiing the manner of Licencing Public Houfes^ and for the mort eajy conviiling 0/ Perfons felling spirituous Liquors without Licence. 'lltT'HEREAS the provifions contained in a certain Ordinance of the late Province of Qjaehtc, paffed in the twenty-eighth year of his Mijefly's reign, intituled, " An Aft or Ordinance for the better I'ecnrity of the revenue ariling on the retail of wine, brandy, rum, or fpirituous liquors, have been fourni inconvenient ; and whereas it is ejcpedient to make other and more eafy regulations reCpefting the granting of li- cences to houfes 1 1 public entertainment ; Be it enafted by the King's mofl excellent M.ijeffy, by and with the advice and conlent of the legifUtive council and aflerBbly oi" the Province of Vpfer Canada, conflituted and afferobled by virtue of, and under the authoM y of an Aft pafled in the parliament ol Great Britain, intituled, " An Acl to repeal ceitain parts of an Aft pafled in the fourteenth year of hi« Majefly's reign, intituled, " An Aft for iiiaking more effeftual provifion for the government of the Province of Cluebec, in North America, and to make further provihon for thegovetn- ment of the faid Province," and by the aulhority of the fame, That the faid Aft or Ordinance Ihall be and the fame is hereby repealed. ^ II. And be it further Enaded by the Authority aforefai/i. That from and after the twen- tieth day of March next, no licence fhall be granted to any perfon to keep an inn or public houfc for the purpofe of vending wmes, brandy, rum, or other fpirituous li- quors ; unlefs he fhall firft have obtained a certi^fivate of hi* being a proper perfon to keep an inn or public houfe from the migiftrstes of the divifion wherein he refides or is about to refide, to be granted to hiep as herein after fpecified ; and all licences which il^all be hersaftsi gunted to ihc coQintry hereof, urall be null and void* Ma III. i4Rd ncriU Accnuntini •! BlOltMI. Pretmblt. Recital of an Ordinance p«fl°. ed at Ceo. j. The fame te> pealed. ^ Ctrtificttei t« lie obtained hf perfoni, previs OMj to thetr \Km >o(tifccaccd«* tj ii ^^^^o. IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I 1^ m '•25 i L4 6" M 122 1.6 Pii — I u*^ llUlUgidplUL Sciences Corporation 23 WEST MAIN STREET WEBSTER, NY. 14580 (716) 872-4503 # ,\ '^ >^ ^\^ 11? o^ ^^ <^ I pi C. ts In ihefhirfj^/mrthpar' of George th Thirdy A. U, v;^. Third Sejim JOHN CRAV£S SIMCOE MQUIRE, LIEUTENANX GOV£RNOR.. The number of inns may be li> miieH hy »he Mtetui; of ffl»« giftratei, anau- iilly ill Marchi ih orde/ i* de* termiiie Upon application! f»r lifcMcai. A certifiiate from the ma- giitracei, fo af> fembled, (hall ierve as a war- ^iit.totobx^ m Uceace, III. And be, it further EhdHed hy the Authorrty afore faid. That for the faid purpofe, it flMllaaaiinay he lawful for the magiftratesadingin each and ever/ divilion of the feveral diliritls of this Province^ to. limii the number of inn* a3»d public hoafes in their fcv^eraidivinons,, and to- appoint a day of public meeting in each divifiott in either of the ivfo iait weeks in the month of Marciv ifi every year, at a convenient place ivithin their feveral diviHons, by a warrant under their hands and feals, or under the hands and feais of any two of the^i, at leaft 'en days before fuch meeting, diretted tp^ the high conllable or other peace otiicer, requiring him to give notice in the niofl public manner of luch, iiitended meetings and thea and there to bfar and receive applications from all fuck perfons as defire toaake out licences for opening inns or public houfes' Within their faid feveral divilionsj and rh^ faid magiltrates fhall, upon hearing, and receiving any application from any perlbn praying to have a licence grant- ed to him", enquire into the lilej character aiid behaviour of the perSin fo ap. plying, and if it Ihall appear to,the greater part of thejuftices then and there- aifembled, that it is expedient toihcieafe theuuroberof inns or public ho-ifes,. and that the party.applying, is a fober, hooelt and- diligent^ maw, and a good- fubject of our Lord the King, they (hall then and there grant a certificate ac- cordingly under 'the hands and ieals of any two of them, which certificate fhall > enjable the party, holding the fame, to apply f6r and take out a licence on or be- fore the faid fifth day of April then next enfuing the date of the faid certifi- cate, and fuch certificate fhall be a proper and fufficieiit warrant for the fecre- Ur>*of the P/ovi|iceoFhi» agent, to grant to- the faid. perfbn holding, the faid p»yn)«M of certificate, fuoh licence on receiving payment of fuch duties as are already im- pofed, or hereaifter may be impofed by law on the fame. IV. And be it further EnatUdby the Authority aforefaidf That no certifieate,- to obtain lueli licence, fliall be granted to any perfon not licenced the year preceding, unlefs (uch perlbn fhall produce to thejuftices at the faid meeting, ft^ould they require it, a teltimonial under th^' hands of* the parfbw and church, or towTi wardens, or of four reputable, and fubftamial houfeholders and inha- bitants of the faid divilion, wherein the faid inn or public houle is intended to^ be kept ; fetting forthj that fuch perfon is of good fame, fober. life and can- verfation, and that he has taken the oath of allegiance to our Sovereign Lord the King. V. Provided neverthelefsi That if any licenced perfon fhall die or remove from the inn or public huuie kept by him, it fliall and may be lawful for the- perfon fucceediirg to the occupancy of fuch houfe, to keep on the faid inn or public houfe, during the refidue of the term of fuch licence, on condition that fiich perfbn fhalT obtain an affigmnent endorfed on the back of the licence granted to the perfon fodeceafed or removed ; which aflignment fhall be exe- cuted in the prefence of a raagiftrate, ai>d fhall within thirty days after the death or removal of fuch perfon obtain a teltimonial as aforefaid, in order to its be- ing produced at the next divilion meeting ;. and if fuch aflignment be not exe- cuted as aforefaid, and fuch teltimonial obtained and figned withui the laid thirty days, then and in fuch cafe immediately from and after the expiration thereof, fuch licence fliall be null and void ; and no licence fo affigned fhall en- title any perfbn to keep an inn or public houfe in any other divilion than that in which it was originally kept by virtue of the faid licence, fuch licence being • r . . W«t» 1 dutiei ReftriAions in p-anting licen- ces to perfons not licenced of tlie preceding jrear.- Provlfion for the alfignecs of inn.lioljers d}- ing or remov- ing. • .* Jo he'- tartrtil into on obTaintdi • ceiiibcatt. - ^Witfi Parliament C; -til t'ln'thk thitt^^pgrtnyeAfi(f^t(r*ge^eTkWiik. IM 4794. ^ with regard 10 all" othier places, and the fame is hereliv "declared Vd Be, null and VL And he it furiker EnaSltd by the Authority afortfaidy T.hat ev^ryv perfon obtaining, fuch certificate as aforefaid,- fhall at the lame time enter into fuch re cognizance as by a ceitain Afci of the legifl;^tuie of this Province, intituled, ** An Act toeaablilh. alurther fund for the payment of the falaries of the offi- cers of the legillative council and houfe of affembly,. and foi defraying the contingent expences thereof," is direded, and thai the clerk of everydiVirw^n meeting, Of other pfrfon employed to draw out fuch recognizance Ihall at, the execution thereof, demand and lake from, the perfon acknowledgiag. the fi^mfi, over and above the fee by law diretted to be taken for fuch recognizance, tbe funl.i ;r lumof one Ihilling, to be paid to the clerk of the peace lor filing. the fame, and the clerk of every divilion meeting, or other perfon drawing the faid recognizance, Ihallandis hereby required to deliver or tranfmit the fame to the clerk of the peace- of the diftridl, in order that the fame may be filed, and that the clerk of the peace in each and every dilbitl {lull file all recogni- zances that they may have taken, and fhall be tranfinitied or delivered to them m manner- aforefaid, to be kept among the records of thfe dilhicl; and the clerks of the peace within their feverai diftrifts fhall keep a regiftt-r of all' the recognizances that may have been^ranfmiued or delivered to iliem,. and fhall deliver or caufe to-be delivered-to ihejuftices of tbe peate in their quarter fef- fions affembled j. next enfuing the fifth day of April yearly, aliU of. the names of the perfoHs whofe recognizances fhall refpefclively have been filed,- and any juftice of the peace in. any diftria wherein fuch licence fliall be granted upon complaint 01 information that fuch licenced perfea hath^done or committed any ait, oftence or mifdemeanor, whereby -in the judgment of the faid jultice, fuch recognizance may be forfeited, or the condiucni thereof broken, may by fum- roons under his hand and feal, require fuch perfon fo complained of or inform- ed againft, tQ appear at the next quarter feffions of the peace for the .faid dif- lricl,.thcji.and there to anfwer the matter o^ fuch complaint of information j and alio may bindihe perfunor perlonswho fliall make fUch complaint or in- formation o* aiiy other perfop- or perfons concerned^ in a recognraance to ap- pear at fuch quarter felhoHs, r.nd give-evidence againftihe perfon fo complain- ed of, or informed againa,and the judices of the peace in their quarter felhons aflembled, .fliall and may have power todirett the jyry which fhall attend at fuch feffioiw, - for the trial of traverfes, or fbmc other jury of twelve honeft .and fubltaniial men to be then and there impannelleH by the flierifF wii.iout fee or rewardy, to enquire of -the. mifdemeanor charged in the faid complaint or information } and if fuch jury fliall find thafc the perfon fo complained of or informed againa,,hadi done anyacl, wiiereby the condition of his recogni^ zance is broken j fVicb afct being fpecified in fuch complaint orinform»tion, it Ihall and may be lawful for the- court at fuchr quarter feffions, to adjudge fuch perfon iguilty of the breach of fuch fecognizance; which verdid- and adjudi- cation ftiaH.be final to all intents and purpofes^ and thereupon the faidjuftices- jhall order therecognizance entered into by fuch offender to be eftreated into his Majefty's court of King's Bench, to be levied to hi» Majeay's ufe ; and that the faid offender fhall, from and afterfUch adjudication, be iiiterly difa- bled to fell any wine, brandy, rum^ w fpirituous liquors or ftrong waters for the fpace of three years; and any licence or licences granted or to be yranreri itt iuch perfon during fuch time, ihall be null and void. - - = ^^y :fm be tranl'mitted to the clerks of the peM« and filed. AmI' regiAcrad. A lift of perfon* under fuch re- cognizances la be laid before the enftiing. quarter fefliont< - Method of proo ceeding ag«inlk ' perlons who ma-y have bra., ken the condi. tion of this re- ca£nizaacc.> . Recvgnlzuiees to fce eftreated, ' Dtfability of an - offender for '^ y«»ri. I '" ! 'T t »1 V n 5 I (I % ¥ h nn n $i C. 4fl. "Mofilei to ba paid into lli« trfafurer'J bandi within fix Kamss «r lieen. ctd perfons to be idvcrtiXcd. And oftfiofeun. ier recognitan. cti. Form of w»f- raot. //I lhvinceor other perlon appoi«ted to deliver licences to. inn-keepers or keepers of public houfe*, niall caufe all monies that Ihall or may beby him- lelt or his agents received for fucH licences as may havfc been iiFuetl in each and every didrict, to be paid ir.tc the hamds of the treafurer of this Province, for the lime being, on or before the expiration of lix moutb«vnext fuc<:eedine the year when (uchlicences were iflued and dittributed. y 111. And h^it further EnaHed by the AiUhority afore faii^ That tl^e Jetretary of the Province ftiall and is her<,'by Te<|uired yearly and every year, to caufc the names of, the fe vera 1 perfons who (hall have taken out a licence for keeping an inn or public houfe, to be publilhed in the Upper Canada Gazette, on or be- fore the twenty-firlt day of June, and that thcjclcrk of the^peace in each and every diitriti do caule the names of ail (iich perions as (hall have entered into fuch recognizance, to be affij^cd in two of the mpft public places in the diftrid for public inlpefction. 1 1 « Form of a Warrant to a ConftaWe to give Notice. To the High Confiabl: or other Peace Officer oj this DiJiriSl. Home District, \ JN purfuance of the Aft in fuch cafe made antfpro- Divifion. J J. vided, you are hereby required to give notice in the iBoft public manner to all licenced inn-'keepers or keepers of public houfes, and alfo to all perlbns unlicenced, who do intend to otter themlelves to be li- cenced at the next genejal.meeting of the faidjuftices, for that purpofe, within this divifion ; that they do per-fonally appear before the faid juftices at the on the at hour of the forenoon of the fame day, to talic or renew their licences for the year enfuing ; and alio to give them notice that every pcrfon to be licenced, mufl perfonally enter into a recognizance of ten pounds before the clerk of the peace of the diftri6>, together with two fareties in five pounds each, that they will not ufe or fuffer any unlawful games, and that they will keep good order and rule within their refpective houfes J and if he, flie or they fhall be hindered by ficknefs or other reafonable caufe to be allowed by the faid juliices, that he, (he or they muft procure two fureties to be then and there bound in the like manner in ten pounds each. And unto'fuch perfons as have not been licenced for the year preceding, yoa are further to give notice, that no licence will fee granted to any of them, unlefs every fuch perfon fhajl alfo at the fame time and place, produce a teftirtionial, fhould the fame be required by the juftjces, under the hands of the miniftca" and church or town wardens, or othenvife -of four reputable and fubftantial houfeholders of the divifion ; fetting forth, that he is of good fame and Ibber life and converfation, and as they believe, a good fubjeft of our Lord the King, having taken the oath of allegiance : Hereof fai! ftOt. Given under out hands this 4ayof iti the year of our Lor4 A. B. t Juftjces of the peaces S;^ CO. / IliW faid divifion. 4": firjl P^rKavtent. C. f. Intht mrtyrfJthyefiro/^eor^tihtThird, k.Xi. i^^^. 95 THE. STATUTES OF His MAJESTY'S PROVINCE OF Upper Canada. 3 0000000 err: PaflTed in the Fourth Seflion of the PFOvineial Parliament of Upper Canada;, met at Newark, on the Sixth day of July, in the Thirty fifth year of the Reign of our Sovereign Lord (.Jrorge the Third, and Prorogued on« tfce Tenth day of Augud iollowingv CHAP. L An ACT to regulate the praBice of Phyfic and Surgery: WHEREAS many inconveniencies have arifen to his Majefty's fubjcgfe in> this Province, from unfkilful pen';>ns prafclifing phylic and furge- ry therein : Therefore, be it Enafcted by the King's molt excellent Majefty, by and with the advice and ccnfent of the Legillative Council and Aflembly of the Province of Upper Canada^ conftituted andairembled, by virtue of, and under the authority of an Ad pafled in the Parliament of Great Britain^ intituled, " An Att to repeal certain parts of an kiX pafled in the fourteenth year of his Majefty's reign, intituled, " an Att for making more effettual provilion for the government of the Province oi' Quebec, in North America, and tornake further provihon for the government of the faid Province," and by the authority of the fame. That no perfon who fhall or may have come into this Province lince the pafTing of the above mentioned Act, and before the palfing of this Afct, nor any perfon who fhall or may hereafter come into this Province, fhall be permitted to vend, felt, ordiftribute medicines by retail,or prefcribe forfiek pcrfons,orprac- lifephyfic, furgery or midwifry, within the Province,.for profit, untii fuch per- fon or perfons (hall be duly examined and approved of, by a board of furgeons who fhall be conftitu^ed and' appointed fas herein after mentioned) with full powers to grant licences for the practice of phyfic, furgery and midwifry with- in the Province, and has received a licence under the hands and feals of the prefident of the faid Board and fuch members thereof as may be prefent at his or their examination. II. And he itjurther Ena^edhytke Authority aforefaid, Thatit fhall and may be lawful to and for the governor, lieutenant governor, or perfon adminiftering ihe government of this Province, by licence under hishand and feali, to order »nd appoint the furgeon of his Majeity's holpiial tor the time beiug. together with - W ' ;4 t. r \%\ PlrtunlK No perfon (be- come rcfident iit thi» PVoTJnce only fince 31 Oeo. 3) to prac» tife phyfic, fur. gery, ftc. with- out being i,v\j Ucwiccd, Board for etai. mining and li. cencing candi. dates for the |iidCliiie ofphy* fie, furjtry, ftc. j ' Is Feet. Penalty for praAifing phy- (ic, furgery, ice. contrary to the fcovifion] of .(hit Aft. Manner, of re. covering the fame, and to what ufej. ^ C'i^. ' in tht ihirly.Jtfihyear 6/e^HJ^t^.the Third, A. D. 1795. ■F<»w^St£i9n JOHN CRAVES SIMCOE ESQUIRE, tll^UlENAKT GOVERNOR. with Wcfurgcons of his Maj^y'sfegiments'^oing tioty within the Province, and all other iurgeons and prati if itwiers r^ident within the fame^aut^iorized tJ prafclife pbyhc and furgery by (bme lawfully conltituted power or beard in , his .Maj(i(tysdom.u,ons,vrany two9f4h«^tn(.of whith the-ii*rge*Hi of hi« Maief. Xy s holpi.al Ihall be qne) from tiqie, to tiipe, ai^l ,s. oft«n as pcpahon mavt re- quire, to hear and examine all perfons that may apply tbr a licence to pradife phyhcjjjurgery and m^dw^^ry„ed and licenred by two or more membei? ol the board, conUituted and appointed as aioref^id; fuch perfon Jhall, for eve. ^y ottence, forfeitand pay the^um eft«n pounds, lo be recovered m any of his MajeRy 5 courts of this Province, by a^liopof ilebt, bill, plaiqt onufbrmation, wherein no effoin, privilege, pYoteaion or wager.ofUw, Ihall be allowed, and only out irnparlatrce'; a moiety whereof fhailhe -given- to the informer, and the other.moieiy paid into the band&of the receiver general of this Province, to and ior the ule of his Majefty, hisheirs and fucceflbrs, and to and for the ule of this Province andihe fupportofthecivil.govemment thereof, to be account, ed lor to, his Majefty, tliroughihe commiffioners of his 'reafury for tlie lime b«. ing, in fuch manner and fyrm as it fhall. pleafebis M ajefty to dixet). IV. Provided alu^ays, That nothing jn. this Aa.fhall extend, or be conftrued .to extend, to any peiionwhojliall have taken, a degree in ^nyuniveifity in his iMajeftys dominions,, pr to any.peribn, wbo /hall have been, or may hereafter be commiflioned or warranted as a fnrgcpn or furgepn* m^te in his Maiefty's ?rmy pr navy, or to any perfon vending,. felling or diftributing drugs or com- poujidmedeqnes, (or which a patent hath been obtained, or to any other who ihaJl orm^ay have. been fettled.and (hall or may have praaifed phyfic, furg^rv or,midvyifry within this Province before the paffing of the feid Aa, in the thirty' iirit year qf l?is Majeily's. reign as aforefaid ; provided that fuch perfon laft a- boyemfnuoned, do not ,take,an apprentice or perfon, under pretence of tuition 1" ^^^ir^/*" ''^ P^>^*^ ^^ furgery,. with an, intent that fuch perfon fhall prefent himielf lor examinatjon and approval as afbrefaid : hereby repealing all fbrmer Afcts or ordinances, made fgr the regulation of the praaife of phyiic or fureerv jWitbin this Province. ' ** ' C H A P. tl. 4ra ACT to a/certain the Eligibilily of perfom to be returned to the Houfe of • AJJmhly. T^HEREAS ir^ny natural born fubjeas of his Majefty, whohave fwom f *"T^'^"^« ^o other ftates and powers, and been relldent in the domini- ons of the fame, have been induced, or may h^r^after be induced, by the excel Tency and lenity of his Majefty's government, to become inhabitants of this Province ; and whereas it is inexp§di€»t that fuch pcribnsJhould be immediate- Iv Exceptioni as to the perfons jirohibitcj.from prafliling pliy- fi).-, turgery, &j. by^hnAdl. Refl(i^i9nf(;.cm taking appren- tice!, under cer- 'iaia cycturillaii- ce*. Repeal of for- mer AftsorOr- dinni!Ce3 in this behalf. ^ieamble. cI«£tioQ. ,paiIJedin the fourteenth year ->f his Majefty's reign, intituled, " an A61 for maiting uiote effettual proviljon for the government of ihe Province of Quebec^ m fiorih America^ and to make further provi(ion ibr the govenunent oi the faid Province," and by the authority of the feme. That from and after Dirju=,iific„i« chofen or elefcted as a rcprefentative or reprefentatives of any county, city^ riding, borough or other place of any dcfcription, «ow or hereafter fending. a rcprefentative or reprejenutives to the houfe of affembly of this Province, until fuch perfon or perfons, fliall have refided in the faid province, for and during the fpace of feven years next preceding the paffing III. Atid be itjurther EnaBed, That if any perfon or perfons of what con- dition foever, coming from any part, place or country, not being under his Majerty's govermnem at the time of the palling of tliis Aft, and not having been a bona hde fubjefct of the King, for and during the fpace of feven years preceding the palling thereof, and who iliall and may have come into this Pro- vince before the palling of this Aft and fettled as a fubjefct therein, frc. n any part, place or country, not being under his Majefty's government at the time of the palling of this Ad, and not having been a bona fide fubjcft of the King for fevQn years preceding the day of his coming into this Province, with an intention to become a fubjefcl of the King, and his fettling as fuch within the fame, ihall propole or ofter himfelf or themfelvesas a candidate or candidates to become a reprefentative or reprefentatives of any county, city, riding, bo- rough or other place, now or hereafter iiending a reprefentative or reprei'enta- iives, until fuch perfon or perfons ihall have refided for and during thcteria of feven years next enfuing the day of his coming into and fettling as a fub* jeft in the faid Province ; and ftiall be thereof convifted, by the oath of anf one credible witnefs, ihall for' cit and pay the fum of one hundred pounds j td be recovered by any perfon who ihall fue for the fame, in kis Majefty's court of his bench in this Province ; by aftit>n of debt, bill, plaint or information, N ■ TtmAty for pro- pofiiig ot offer. ing to become » caalidate under fuch (lif(juiU&. juiion. ri>' fvl __.k«^ ■m mm Penalty far oW ■udini into the hMif* of »8tm- bly under I'utli dii'^utUiiGatioa. t fl '*««! |8 C. a.3. In tht thirtf^fifih ytwr »/ Oeorgt the Thiri, A. D. 1 795, JR>Mr<4 ^^^a* J|0»N frRAVK» SIMCOt E4QUIR*, iiEUTKNANT GOVERNOR. ivherein no effoin, privilege, proteaion or wager of law Ihall be allowed*, and ©nly one imparlance, one half of which faid fum Ihall be given unto the per- |on fuing for the ikme; and the other half paid iflto the hands of his Maic*y'« receiver general, to and for his Majelly, his hcHra and fuccelfors, for the pub- lic ufes of the laid Province and fupport of the government thereof; to be ac- f ounted for to his Majelty, through the coramiHioners of his treafury for the lime being, in fuch manner and form as his Majefty fhall direfct. iV. And be it further EnaSled, That if any perfon or perfons of the de- fcription aforefaid, coming hereafter to fettle in this Province, or being thercir* fettled a» aforefaid, before the paffing of this Aa, fliall be chofen or cletted a reprefentative or rcprefentatives (whether fuch perfon or perfons (hall have pro- pofed or offered him or themfelves as a candidate or candidates or notj of any county, «ity, riding, boroOgh or other place of any defcription, now or here- after fending a reprefentative or reprefentaiives to the houfe of alfemWy of this Province as aforefaid, ami (hall prefume upon fuch choice or ekdiow to obtrude or prefent himfelf or thfcmfelves into the faid houfe as a reprefenta- tive or reprefentatives as aforefaid ; he or they, fhall forfeit and pay the fum of twenty pounds (over and belides the foregoing penaJty, if fuch perfon or per- fons fhall have incurred the fame) for every day that he fhall fo obtrude or pre- fent himfelf or themfelves, to be recovered by any perfon who fhall fue f©r the fame, in his faid Majefty's court of his bench ; by aaion of debt, bill, plaint or infonnation, wherein no efFcin, privilege, proteftion or wager of Jaw fhall be allowed and only one imparlance; one half of which faid fum, fhall be given to the perfon fuing for the fame, and the other half paid into the hands of his Majefty's receiver general ; to and for his Majefty, his heirs and fucceftors, for the public ufes of the faid Province, and the fupport of the government thereof, to be accounted for to his Majefty, through the eom- miffioners of his treafury for the time being; in fuch manner and form as it ihall pieafe his Majefty to direa. CHAP, III. Jin ACT to rati/f, approve and confirm the provifianal Agreement entered into by the Commijioners on behalf a/ this Province, with the Commijioners on bt- half of the Province of Lower Canada. Most Gracious Sovereign, BEING at all times delirous of conciliating the afFeaion and friendfhfp of our fellow fubjeas m Lower Canada, and particularly by an approval of articles of provifional agreement that were made and entered into JuontreaL the eighteenth day of February, in the thirty-fifth year of your MaieftyJ reign, by the commiffioners nominated and appointed on behalf of the Pro- \yucQOi upper Canada, by an Aa of the legiflature thereof, palTed in the thirty-third year of your Majefty's reign, intituled, "An Aa to authorize the lieutenant governor, to nominate and appoint certain commiffioners for «h? purpofes herein mentioned," and the commifTioners nominated and ao- pointed on beba^r of the Province of Lower Canada, by an Aa of the legiflC fJ[^«T°^l.?f^'^*"'''^^*''"y"''°""'*y"'*»''y«»^ Majefty* reign, imitu- If 1^ r u «■ ^' appointing epmmiffioner$to treat with commifTioners on bc- haif of the Province of Upper Canada^ for the purpofes ihereia mentioned," —"'"6' Art. J. PrcamUe. Approval of the .yroviiioi^al a- Jfl'eement b«- Jwecn the com- tniflioncn of the frovinctsofUp- {>er and Lcwcr i; Art. 1. That the Province of Loxuir CanadOf (hall be and hereby is niado accountable :to the Province of Upper Canada^ in iuU of al| rights, claims iind demands, which the laid Province of Upper Canada may have on the Pro^ vincc -of Lo3ii£r Canada ; by rcafon of the duties levied upon wines, in the ears one ihauiiiKi leven hundred and ninety-three, and one thoufand feven undred.atid 4^ine*y -four, under an Att of the legidature of Loxuer Canada^ pailcdiniiheihiriy^hird.yearof his Majeny's reign, intituled, "An A6l to eitaoli>Uia iuad forjpaying the falaries of the ofhcersof the legiflative council and aflembly^ and for detraying the contingent cxpences thereof," in the fura' of three hundxed and thirty -thfee pounds four ihiUings and two-pence, cur- rency i ovhicb iaidium Ihall be paid into the hands of fuch perfon or perfori's as may he aippointed on the part of Upper Canada^ to receive the fame. Art. H. That^e legiflatureof Uppir Canada, will not impofe any duties whatloever xxn any goods, wares or merchandize, imported into Lower Canada^ and pa.il\nQ into. Uj?per Canada i but will allow and admit ihe legirtature of Lower Canada^ to impofeaod Jevy fuch reaPjnabie duties on fuch goods, wares .and merchandize aibrefaid, as they ma/ judge ejtpedie^^t far ihe purpofe o^' taifing a revenue within ihe Province of Lowfr Canadi^. Art. hi. That of lucii duties as the Jegidature of JLowir Canada hath al- ready impofed, or may hereafter impoic on goods, wares or merchandijEe^ -coming imp the Province of Lower Canadft ; ihe Province of UpP'^ Canfd^ ihall be intitled.to roccive annuaily, and to difpofc of one eighth of their ne% produce, fur the ufe and benefit pf the faid Province of Upper Canada ; th^ other I'cven eighihsjremaining for the ufc of Lo^t^r Canad^. Art. IV. That theft fhall annually inthe month of December, or as (001% afterwards as pofliUle, be furniihed to the lieutenani governor, or perfon ^d- {niniltciing the goveriunent of the Provartce of IZ/'^irr Canadot for the time heing, duplicates of the account of all duties th^t now are, or hereafter ma/ be impofed by the iegiflature of Lower Canada. Art. V. That this agreement is to continue and be in force until the lai^ jday of December, which will be in the year of our Lord one thoufand leven iiundred and ninety.-iix ; and no longer. TusREfORE, May it pleafe your molt excellent Majefty, That it may be «natted, and it is hereby «natted by the King's nK>(l excellent MajeHy,by and with the advice andconfeut of thelegiflative council and aflerobly of the Pror vince of Upper Canada^ cmiilituted and aflembled by virtue of, and under the authurity (of an Ad palled in the parliament of Greut Britain^ intituled, " Ai) Act to repeal certain parts of an A^t palled in the fourteenth year of his Ma« jelly's reign, intituled, «» An A61 for making more eH'et:tual provifion for the government of the Province of Quebec^ in North Amtrica, and to make fur- ther provifioa fur the government of the faid Province," and by the authority of the fame. That ail and every the laid articles of proviftonal agreement herein before particularly mentioned and inferted, and every claufe, matter and thing in the faid articles contained, (hall be, jand thel'aiicl articles are here- by ratified, approved and conhrmed. II. And be it further Enabled by the Authority a/orefaid. That it ihall and may be lawful for the Provincial treai'urer of this Province for the tim^ being, (when and as often, as the fame may from time to time beconne 4\^e aiid pay- able) to a(k for, demand and receive, %o and for the ufes of this Province, of ^ ' Na hereafter Krcltal «f thfl irticlri ef ihq f»i4 agreement. * \\ Katifieat'MB theregf. The frfvipcitl trcaAirer. of this provioMt t» demand and re* ceive, tpanjj fey the urea theraefc fin|bjthiiAA> m\ M <<; I* ri it Preunblt. JiirifdiAion granted (o the court of King's bench in aflioiit for goods frizcd ■I contraband, and procefs to be had therrin, as in fimilar cafes in hii Ma. jelly's court «{ «iche.|Ujr iit MithaelaiM turn to com. |ND(« k«act< C. 3.4. In the thirty-fifih year of George the Third. A. D. 1 795. Fourth Se^m JOHN CRAV.M SIMCOR ESftUlRB, llEUXENANT GOVBRNOR. hereafter may be nominated and appointed, on the part and in the behalf of .h„ of contraband goods, Be it therefore enaded by the King s moft exceHem Majedy, by and with the advice and confent of t he 1 e giflauve council and aflembiy of the Province of tZ/^^.r C.«.i«, conftituVed " and affembled by vmne of, and under the authoritV of an Ad paUed n he parbanientof Great Britain, intituled, « An Ad to r^eal cemin parts^ an Adpaffed.n.he fourteenth year of his Majelly's reign, i«tituled,^* In Aft for making more eficdual provilion for the govermnent of the ProWnce of Quebec in North America and to make further provHion for the governmen of the faid Province," and by the authority of the fame. That from and S thepaffingof thisAd, all attions of debt, bill, plain! or informat!^^. that may be brought upon any feizure of contraband goods, by any OrdinTnce oJ Ad ,n force, or to be in force in this Province, L the' prLe,^.on S fmug! gling or any clanddhne or unlawful commerce or iniercourfe heretofore, no^ or hereafter carried on or to be carried on, by and between his Majefty's ftT jeds or people of any other ftate or country when and where the fame may be prohibited, fhall be heard and determined in his Majefty's court of hfs bench and that it fhall and may be lawful upon any adion of debt, bilirplror in* ' formation, brought or to be brought upon any feizure befbre thif Ad made or to be hereafter made of any contraband or prohibited goods, now or here after made or to be made contraband ; for the juftices of his Majefly's bend, for the time being, to proceed to the hearing and determining thereof, in a» full and ample a manner, as is now done and pradifed in his Majefty's court d£ exchequer ,n England and to condemn the fame, if it fhall be awful f"^ do, and to award fuch damages andcofts, as may now or hereafter b^ a.vett by any ordinance or law now in being or hereafter to be for tbereguUtilnof fnr^rn-uv^^^^^^^^^ II. And be it^rther EnaSled by the Authority afore faid. That in all tim« f,> come, the leim of Michaelmas Ihall commence and be holden nn'L^inTA? /» lent and void. Exception. Notice to be |iven when ilie ollice of regirter become! vjcand to tliegovrniori ftc. Term limitf J for Klling up fuch yacuicy. The m«no> riali to be put in writing aud brought to the •ffivc« Oaths to be tdiniiiidcreJ & witiieiTes recjui- file in reginer- ing every me- which (hall be made and executed, and of all willsand dcvifo in writing made, or to he made and puhlilhcd when ihcdevifuror ttdator ihall die after making and publifhing.of the rame,of orcoijcerning and whcrcUy any Jands, tenement* or Jierediiaments in any county or ^idin^ of this |»rQvincc m^y be any wife af. fefcled in law or equity, may at the elctlion.of ^bc.part,y or parties .concerned be regirteredin luch manner as. is herein,afierrdi«*-t4;dj and that «very deed and conveyance that fhall at any time^fter ^ny memorial is (o reniftercd be made and executed of the lands, terujments or .hereditaments, ,IIi$;c or offices, ly. And be it further Enatled by the Authority ajorefaii^ That ail and every memorial or njemprjals fo to be entered a;id regiftered, (hall be put into writing, and brought to the faid olftce, aud in ^afe of deeds and conveyances, (hall be Under the hand and fcal of-(* the inoiuh ami the year whmfuch deed, conveyance or will bears date, and the names and additi- «n»o! all ihc parties to fuch deed, conveyance or will, or the devifor or tclla trix of fueh will, and of all the witnefll» to fuch deed, wilt or conveyance, and thep aces of ihe.r abode, and fhallcxprcfs or mention the lands, tenements or Iicrctiuamcnts contained in (uch deed, will or conveyance, and the names of •lithe townfhips or parilhes within the faid county or counties, ridina or ridings. Where any fuch lands, triicments or hereditaraenls are lying or being that are tiven, granted, conveyed, devifed, or any way aflfetted or c haiecd bv any ruchdeed, will or conveyance, in fuch manner ^ the fame arc cvi)rcllca or mentioned if> fuch deed, will or conveyance, or lo the fame effctl ■ and that tvery luchdeed, conveyance ami will or probate of the feme, of which fuch memorial IS to be rcgiftered as afbrefaid, fhall be produced to the faid fCKifkr or his deputy, at the tune of entering fu«h memorial, who {hall endorfc a cer' tjficate on every (uch deed, conveyance and \mll or probate thereof, and therein mention the certain day, hour arnJ time on which fueh memorial k entered and regidered, expre(Dngalloin whae book, page and number the fame is entered and that die (aid regiller, or hi« deputy, (halt (ign the faid tertihcate when fJ endoricd, which certificates (hall be taken ami alio- 1 as evidence of fuch refpeaive regiftries in all courts of record whatfoever, and that every pane of fuch regiller book, and every memorial tliat (hall bo entered therein, (hall be numbered, and the day of the m«nih and the year and hour or time of the day when every memorial is resiUered, (hall be entered in the margins of the laid regiller books and of the laid memovial^ and that every fuch resifter (hall keep an alphabetical calendar of all townlhips and pari(hes witWn the (aid coun- ty or counties, ridingor ridings, with reference to ihe number of every memo- rial that concerns the lands, tenements or hereditaments in every fuch town(hiT> orparilh refpefcUvely, and of the names of the parlies mentioned in (uch me- monal, and the (aid reg^(ter (hall enter or regiller the faid memorials in the iiime order that they (hall refpectrvely come to his haixl. VI. And be itjurther Enatled by the Authority ajorefaid. That every fuch re- giller before he enter upon the execution of the Ikid oHice, fiiall be (worn be tore tnejuUices of the peace (or the couiuy or counties, riding or ridings, or dirtnfct to which fuch regriter fliall be appointed, or didrid wherein (ucb regiller ihallrelide, or any three or more of them (who are hereby empowered and re- quired to adminifter fuch oaihj in thefe words : •* You /hall truljf and faiihjully perform and execute the ojice and duty that is « direaedand required by an AEl of the Legijlature of this Province, in « regtftermg mtmorusls oj deeds^ conveyances and wills, within the county " <"' JT^'" y, . fo iong as youJJmll continue in the faid office, •♦ and that you have not given, or promifed dtreiiiyy or mdireSly, nor al «• thorxzed anyperjcm, to give any money, gratuity or reward whatfoever, for « pracuring or obtaining the fold office for yoM^^o help you Cod." And that when and as often as the faid regder (hall appoint any deputy to execute the faidoflfice, fuch deputy fhall before he enter upon the execution thereof, take the faid oath appointed to be taken by the regiller, before two or "IT j"!}'^** ^V^^ P"^^ ^*^^ ^'^^ ^''•^ c»""^y or counties, riding or ridings, cJr Of the diiUitl vfherein they may be (who are hereby empowered and required to .. ' uduiiniiicr »oa P^ikttlvi t« br liilcriel in (, TS* ii««il, CM. »«/«ncf ot will fhaU b« pfoau. (eJiniherrgif. tCT or hii Jepu> ly who OmU ea. doff« a circum- tii^ certkfic«M Ihcrcon. Such ccnifi<-at« Ihall be cvi. 4enc« of re|if. try. Boblii of ca. tries to be kept - by the rcgifter*. R<-K>aent«H' fworn. 0»th. T he lame mA to be taken bf the deputj re> gifteri. til !' \ •5. A\ Rrcognitante to he fnicrcj intohy each re* giller. The fjmt ta be trinfroiticd int« the court of King's bcjich.' Limitation of ■Aions upon fucH fecoviii. Sifl'.ei. 104 C. 5. in the ihirtjhj!/ih year 9f George the Thirds A, D, tjQS* f«i»th Sej^Bg IQHN GKAVes Sl^CQfi ES|iUIRE» .lltVT,f.SAti;i ,{QQV£IINP{1. adminifter fuch oath), and that.eveFV rcgifter.at the time of his being fworn into the (aid office, (h^U alfo ei^ter, into a recognizance with two or more futficient fureties, to be approved,of:byfiveor more juilicespFthepeace of the laid count/ or counties, riding Qrridiugs, orof the faid dittrid,, by writing under their hands and Teals to be regiftered.at the nejct general quarter leilipns. of the peace for the laidcounty or.counties,riHing.orridipgs,^rdillrict, ofihe penalty qfpne thou- sand pount's unto his Majelly, .his heirs and fucceriors, ,tptje ^ajiep hy the fan>e juftices of the peace thai approve^ of his.fecurity_, .conditioned J'or his true and h. ful porfornsance of hi.s d^ity Lp the execution of his-faici office in ail things 4iretled and reguiied by this Ad ; the fanfie to be tranHnitte^ by the fame jui'- ticescrf vhe peace within hx months after the date thereof, into the court of hi^ Majetty's .bench pf the .faid,P.rovioce, there to rem an amongft the records pf the faid court. - . p . . VII. Provided n'-ver.thelefi^, mdhe itfitriher Enacledy That jvhen any regifter fhall die, orjurrender ,bis office, and that ■ ithin.the fpace of one year. froia ,and after fqch d^ath or furrepder, pp mifbehavioyr appear tp have been corp, mitted by fqch regitter in tlje exc|cutipn of his faid ,oSce, then and in fuch cafe^ at the end of the faid pneyear after his death or fprrender, the recognizance fo' entered into by hii|i, fha!.i becpipe .void and.pf qp e^ecl tp all intents and pur- poles whatever. yill. And be it further Enacted l^ the Authority aforefaid. That every fuch ,rcgjller pr.his fufficient deputy (hall ^ive due attendance at his' office every day in the>ear(e^ce4>t Sundays a«\d the.firlt week In Jujie and the laft week in De- .cember, asaHotbeweck ol the fjoly Pallion yearly and every year) between the hours of nine, in ibe.forenopn and one in the afternoon, fpr the clifpatch «if all bufmds belonging to the laid office, and that every fuch regifter or his de- pHty, as often as rc^juired, Ihalj make learches concerning all memorials that are regidered as aforcfj^id, apd give ..ccrti^catjcs cpQCcrmng the fame ynder hi^ :hand, if required by any perfon. ' , IX. And,kf: tt/nrtjur Enacled by tfie 4utharityafortfaid, That every fuch re- giftcr ffiall be allo^vcd ipr the.enuy of every fuch memorial as is by this Ad ^ireded, the fum of twp Ihillings and lix-pence and no more, in cafe the faipe doth not exceed one hundred words,, but .if t\xch. meinorial fhall exceed one hundred words, tht^n after the rate and proportion oif one fhilling for every hundred words contaificd in^fuch pjenioiial, over ^nd ,iibpvp th^ -firft hundred words, and the like fees for ihe like nitmber pf words contained in every fuch certificate or copy given out, of the (aid office, and no more, apd fpr every fearch in the f^id.office.oiie iJuUing and fix-pence, and no more. X. And be it fii,y:(,her EnaHed by the Authority aforefaid^ That if any fuch re- gifter or Ifis deputy fhall negled to perforni his or their duty in the execution of the laid office, according to the rules and diredions in this ^a inentione^, or commit pr fuffer to be committed any lindue or fraudulent pradice in the exe- cution of the faid office and be tliereof Jawfull.y con^rided, that then fuch regif- ter fhall forfeit his faid office and p^y treble damages with full cotts of fujt to every perfon or perfons that fh^U be 'injured thereby ; to be Vevovered by adioii of debt, bill, plaint, or information many of his Majeft)>s courts of record,' wherein noeffoin,piotedion, privilege, or wager of law (hall be allpwed, nor any more than oiic impar4ancee XI. Provided Office fiovjrj fpr the (lifpatch of bufineU in (ve. »y regifter of. Set. Searches. f««t. Penalties fur eegledl of duty or trauilulent piirtices of re- giiUrs or their dcfuciea'. ^r/l Parliament C. 5. Jnthe thirty-Jifth year tf George iheThird,k, B. 1795; 104 Xf . ProvfMaifo, and ht it farlktr EnaBed by the Authority afortfaid. That this Aa (hall not extend lo any iMfei at a tack tent, or to any leafe, not exceeding twenty one yt-aft, i*heTe the aflual polTiffion and occupation goeth ilong with Mie leafe, any thing in f|his Ad contained to the contrary thereof in any wife notwithrtanding. XII. Pfovidedalwayst-Andbtit further -EmSlvd by the Aatharity aforefaid, That where there »re more writings than one lor making and perfeSing any conveyanceor fecurity «rhich do name, mention or any wifeifFeft or concern the fame lands, tenements and liereduamentt,it fliall be a fufficient memorial and regifter thereof, if at] the faid lands, tenements and hereditaments, and the parifhesand townfliips where the fame lie be on- ly once named or mentianed in the memorial regifter and certificate of any one of the .deedsor writings iDade for the perfeaing of fisch conveyance or fecurity; and that the dates of the reft of thefaiddeeds or writingft, relating to the (aid conveyanceor Security, t ith the names and additions of the parties and witnefTes and the places of their abodes be only fet down in the memorials, regifters and certificates of the fame, «vUh a reference to the deed or writing whereof the memorial is fo regiftered that con- tains or exprtfffes the parcel* mentioned in all the deeds, tnd-direftions how to find the regiftermg. the fame. XUl. .Aad be it fur thtrEnaSed by the jiutharity aforefaid, That a memorial ofarw-fuch deeds, conveyances and wills, as f ha 1 1 be made and executed or publiQitd In any other place within the faid. province, not being within the countyw counties, tidineor itidings, wherein fuch lands, tenements or hereditamerrt« lie, (hall be entered or regiftered by the aforefaid regifter or his deputy, io-tafe an affidavit (worn before one «f the judges of the court of King's Bench, et commiffioner duly authoiited to trte affidavits, be brought to the faidrtfiifter or his deputy, wherein one of the witnelfes to the execution of (uch^dceds, wills and conveyances (hall fwear he or (he faw the faroeexecutcfd, the. fame (hall be^JuflScient authority to the faid Tfgifl live to learc*. Several wri. tingi, r^Mtittg to one faft, ma/ be comftiixeil in one mtmorial wiJ regiitrv. A memorial tM(f be regiftered of deeds, convey, ancei and willf, executed out of the county wherein the landt. Ice. lie, . on du« juroof. Pjiiniand pent!, ■ties of forgery ■*ai,ft^^ulf, Provifian for the regiftry of me- morial! of Willi. Provifion in fa. vor of devifeci. I i^Bi'-n ^ I ^■r4 i ^1 ■ 1 6bS N^n W« memberi of J^H, the tlTembly to 'mmM ^ h«ld direftly or i^BS*{ indircAljr the office of r*gU'> ter. ^k;* ThU Aft to be m'^ held and ulcen Forim. Mf marial of a bargain aadiale^ F. JOHN CRAVES SIMCO* ESftUlRE, UEttTSNANT GOVERNOR. the irapedirnent whereby, he, (he or they are difabled or hindred to exhibit fach me* morial, (hall be a fufiicient regiftry withia the meaning of this ad; hereii>any thing corttaioed to the contrary thereof in any wife notvrithftinding. f A J* 4, ''5 •'-^'^'*"" ^"'*^''' ^ ^^ Authority aforefaid. That no member of the Hau(e of Allembiy hereafter to be chofen, during the time that he is fuch member, (hall be capable of bemg appointed regifter, or of executing by bimfelf. or any other perfott the fiid ofhce, or have, take, o* receive any fee or other profit whatfoever, for or in refpcA thereof, nor (hall any regifter, or his deputy, for the time being be capable ot being hereafter chofen a member to fervii in the A{f;mbiy of this Province. XVII. And belt further EnaOed by the Authority aforefaid, That this Aft (hall be taken and allowed .nail courts within this Province as « public aft ; and all judge* and iufti* iw are hereby required as iuch. to take notice thereof without fpecial pleadine the f-na«. SCHEDULE ^ Of a Biargairj and Sale to be Enrolled. A^ Indenture dated made between I. A., of of theone pwt» and t). P. ^f ^ the other part, purporting a deed of Bargain and Sale to be enrolled, of and concerning i'^* ""if premiftj tnentioned in a leale for a year, bearing date next before the day of the a. ** "\ ^\ r '"<^«"'urc of Bargain and Sale, (or as the date is) and mad(? between the Ciiu > «• ov the one part, and the faid D. P. Of the p^rt ;. a memorial ' ' ' phich itidenture, and is hereby requi.v,. .^ ^. .V5...«..wu w^ .^> — ■-■v of Bargain and Sjile mentioned, as witnefs ray hand (Signed, kc.y Of a Mortgage for YearSv Ofam«r^4(«* AN^ Tndenfure of Mortgage dated the made between W. D. of oP the one part, and J. W. of of the other part, whereby the (aid W, D. for and in confid'eration of pounds demised unto the faid J. W. all that fituate and being in and called or known by the name of now in the tenure to hold'uoto the faid J. W. for the term of years: fuhjeA-neverlhelefs to a prO- vifo that the fame fhall be void, on the payment of the fum of pounds and law- ful intereft for the famPrOtJthe day of in the year of our Lord one thou> fand feven hundred and whith faid indenture of Mortgage; is witnefltd by and is hereby required to be regiftered purfuant to the faid aft of the legiftaturc of thfs Province by me the faid W. D. the grantor it>the faid deed, as witnefs, itc, (Signed, Etc.) W. D. OT an Indorfement. AN Indorfetiient dated the day of made frotn J. E. of and W. N, of on the back of a mortgaged deed dated the \ and made bet Wren the fai^i ■ J. E. of the one part, and the faid W. N. of the other |>art, of and concieming all that fituate and being in now in the tenure or occupation of J. D. which fa?d , indorfement is wilneffed, by J, E. of and R. W. of and is hereby requirett to be teginered by Die the faid J. £. the grantor, as witnefs, tec. (Signed, tec.) J. £» Of a Will. ■■I J Of k Will. A Will dated the made by J. F. of of and cdncernmg all that ni«f> fuage and tenement in late in the tetlure and occupation ot G. L. (or if the wordi of the will be general then fay) of and concerning ail the lands, tenements or heredi- taments, which the faidj. F. died poiTeffed ot in the county of which faid Will is wilneffed by J. G. of and F. W. of and£.T, of this memorial is therefore defired to be regiftcred purfuant to the abovelald A A by me E. L. one of the d^vifes io tbe faid Will mentioned, at witnefs, kc. (Signed, lu*) £. L* A Ceriincate of Mongage Money being Paid. To the Regijler of the County of f« W of do beieby certify that W. D. of bath paid and fatisfied all f ucb 6f an tnlatft* neat> Of a Redemp* tinn of t Martr fhfi ParUament. C. i. Intkeihif^jxlhymr cfGtatstKi TMri. A. D. 179a 197 fum and rum» CTfirrg npon t TiWffg**r itr«!r «¥ tVe Md ant to th« aft of the legiflaiure in th^t c»fe in»l«4iid piofWttf, aV ^h^^(^ m Bahd tWk MEMORANDUM that up«n tht certiflcaf* of fH^ #irtii„ ^tn^rf j. W.d^^tTfli* ^r.,.^,^ ^ . day. of proved by the oaths of W. M. of and ! H of tfia* Vh *'/!^*^k*''5*»'# kliflatairfbi. 7 '" d« made purftiant to the faid AA o^ the i«giaitwe thi. day of by THOMAS JONES. Reg fter. T H E S T A T U T E S OF HIS MAJESTY'S PROVINCE OP Upper Canada. fUffed in the Fifth Seffioi» of the Provincial Parliament of XTpper Can«<3« met at. Newark, on the Sixteenth day of May, ift the Thirty-fixth yea^ of the Reign of our Sovereign Lord Gsorge the Third, and prorogued on the Third day of June following. ^ *^ ^ . r>^ . , , C H A P. I. -rC/? u-^'*' ''''' ^'S^^^''"'' '/ '^^^^^ Coins current in (his Fravince. F A K !u J" 'TJ'JI'^t? of certain coins current in thi. Province ; Be it ena« ' 4- ed by the King's Moil Excellent Maieftv. bv aad with th^^Jl^^lM "*"'**; the Legiflative Council and Affembly of SVovince Jui^lr^J "/'"' °f and affembled by virtue ot, and under theauthorllv of an aKovh^^^^ conft.tuted of Grw^fln/a/n; intituled. •• An Aft to repeal certain n^^ fourtrenth year of h}« Majefty'. reiRn inXed « An^S% ^' ^'^^^ '^ *^* al provlGon'for the goverime'nt "f^hVKnce' efl?!^ ^ Sfenv/fn^rj make further provffion for tfie Bovernm«nt of »h* r.iAo- i . j f^f^Of and to Btitilh Guinea, weighing^fivc penny Whnnd fix ^^^^^ ° ^°^^ com,, the nullings and four Dencerthe iLhni^J Jrp!,."!, J! !?? ^'"X' ^^ «"« P^""** three Frcimble. tole The gold and filvtr coini herein fpecified (hill be deemed a legal tender. Specification, »alae,' and re. ffeetive n^wigriia of fucbgold c«ia(<. P IM I!' ^ 111 ; !' '' L I ^ I' w ^ Of firah fi^ v«rcoini. ,xa8 Ci t, in the thirty fxth year of George tfie Third, A. D; 1796. Fi/ih slfoi- JOHN GRAVES SIMCOt ESftUIA£,*trEUrBNANT. GOVERNOR.. tolepic of Spain, weighing fevenleen penny weighu Troy, at three pounds and fourteen ilulling* ; the French Louis d'or» coined. before the- year one thoufand feven hundred and ninety three, weighing five priny weight* and four grains Troy, at on« pound two (hillings and fix. pence: the French Pfftole piece cointd before the fime period, weighing four penny weights and four grains, at eighteen fhillings ; the American Eagle piece, weighing eleven penny weights and fix grains Troy, at two pounds and ten (hillings ; and of Silver coins, the Briti(h ciown, at five Ihillingi and fix pence ; the Britiih (hilling., at one fliillin^and one penny ; the Spaniih milled dollar, at five (lulling*, equal lo four (hillings and fix pence? fterling money of Great Britain ; the Spanifli pirtareen at one (hilling ; the French crown, coined bcforelthe year one thouland feven hundred and ninetythree,at five (hillings and fix-pence ; th« French piece of four livrcs ten fols Tournois, at four (hillings and tw. pence ; the French piece of thirty fix. fols Tout ois, at one (hilling and eight pence ; the French piece of twenty.four fols Tournois, at one (hilling and one penny ; the American dollar at five (hillings, and all the higher and lower denominations of the faid gold and filver coins (hall alfo pafs current, and be deemed a legal lender in payment of all debts arid-demands whatfoever in this Province, in the fame proportions refpeftivelv. II. And be itjurtherEnaaed by the AuthorilyLafor^aid,, That for every grain which any piece of the al^cjrefaid gold coins (hall relpeaively weigh more than the ftandard afore- (aid, theie (half be allowed and addtcMn all pnyments made in pieceirof gold by detail two pence and one farthing currency ; and for every grain which any piece of the fame fliall refpeaiveJy weigh le(s than the ftandard aforefaid, there (hall be deduftcdin all payments, two- pence and one i^rthing currency.. III. ^nW be it further Enaaed by the Authority aforefaid. That any perfon or perfona. xvho (hall colour, gild orcale over with gold or iilvcr, or whh any walh^r raateriali^ producing the colour of gold or fiWer, any coin of coarfij gold, or of coarfe filver, or of bale metal relemb mg any fueh foreigtv-coin fo declared current, and^any perfon or perfons, who (hall gild overany piece of filver refemblingany fuch foreign coin lo de- dared current, and an> perfon or perfonswho (ball bring, or caufe to be brought into this Province, any forged or counlerfeit money like to the foreign gold or filver coin fo declared current. Knowing the fame to be forged orcounterfeit, or any coin of coarfi gold, or of coarft filver, or ol bafe metal, coloured, gilded,. or caled over with gold or h ve^ or wiih any wa(h or mater.lals producing the colour of gold or filver, and refeni- bl.ng any luch foreign com, or any piece of gilded filver^ refembling any fuch foreieh coin, knowing the fame, every fuch perfon (hall for every fuch offence, be deemed^ S"'VX«ff'^i"7.a"d."Ponco"V'aion thereof, in his Majefty's court of- his Bench. Ihall fuffer death, as m cafes, of felony. •"» "cum, JV. And be it Sur4her Enaaed by the Authority aforefaid, That ifanv Derlon whofoi.«<.r (hall after the palfing o^ this Aa„utter or ten'dcr in'.pajment to anj ^rfZ rrpSlon,; any falfe or counlerleit money counterfeited to any of the gold or filver coin* of Great Br..a.n. Portugal, the United States of America, S^ain or F^rance, ,.s herein bXriTe^ cified, or to any of the higher or lower denominations thereof, knowing the fame to be falle or counterfeit, and fhall be thereof con vifted, fuch pe;fon fo ofending, (Jalt fuffer one years impnfonment, and fliall alfo be fet in and upon the pillory for th" fpace of one hour, in fome public and confpicuous place ; and if the fame perfon (halt afterwards offend a fecondtime, in uttering or tendering in payment any «Sch falfeoJ counerfeit money as aforefaid, knowing the fame to be fo, and'^fhall be convi^d of wifhoXn^fi'tTcl.r:;/ "^^ """ ''' '^' " ""'"'y ''^'^^ »° ^« Su-hy ofUn°; «, Yi* n"*^ ?u "^"J^*"' ^^'^f^iyj'^f Authority aforefaid. That any perfon or perfon. wh» (hall after the paffing of this Aft, import or bring, or caufe to be impo.tedTr b^uThT into this Province, any falfe or counterfeit brafs or copper money, in order to?ello» pafjiaway the (amc. knowing the fame to be falfe and counterfeit, every fuVhwr(oI (hall, for every fuch offence, befides forfeiting the fame, fuffer imprifonment^t thj d fcretion of the jufiice or juftic^, judge orjudges of ihecourt of hi.Majefty's inch 01 0}'« and reimmer. befoie wham fuch oerfon «r rv.rf»«. nv,ii u. .•!.!-i:JT"*^"» viacd; Allowance for etcefs or deficiency in. the ll^iiidaxJ weiglit of pieces of gold |>aid by detitil. Counterfeit- ing or filfifviiig fuch cuireirt coins Ihall b« decmcil t'ckxiy. or knowingly iniporting fuch' counterfeit and failified corns. Punifliment for uttei iig or tendering t'alfe and counterfeit tnoiiey know* ingly. A reeend of- fence to be deemed felony. runifliment for importing falfe or coun> ter»>it brafs or co/>per money to /ell or paft »wa/. • ^ -I !^rjrparUantent. C.i-a^ In the thiri/-Jtxih year 0/ George the Thtrdy A. T). 17^6, i6^ viAed ; Provided al*ay». That fuch imprifonment fliall ndt exceed twelve calendar aaonths. ' VI. And bt it further l^naaed hy the Authority afortfaidt. Thjit 3\l fuah falfe orcounter* feit brafs or copper money, may be feized by any perfon having a warrant from a jitflice of the peace for that purpofe, a,nd Ihall be broken or dd'aced in open court, after be- ing foiXhd to be falfe or counterfeit, or inprefence of a juftice of the peace, and one moiety Ihall th'en belong to his Majefty, hi» heirs and fucceffbrs, to be applied to the public ufes of this Province, and the fupport of the civil Government thereof, the due application of which ihall be accounted for to his Majefty, his heirs and fucceiflirst through the com mi Hi oners at Hs M Jefty's Treafufy for the time being, in fuch mari- ner and form as his MajefVv lhylld that of Spain and Fiance together, from the weight of which a deduftion mall bemadeof two thirds of a grarn Troy, for each piece of gold coin To weighed", as acompenfation forthw lofs that may accrue by pay- ing away the fanie inis Province, the judg- es (hall caufe the fame to be cut in pieces in open court, or in the prefence of a juftice of the peace> and there be delivered to or for the perfon or perfons to whom it be- longs. XII. Andbeit further EnaSfed by the Authority aforefaid, That ffonrr and after th^epanTng of this Aa, the AA or Ordinance made in the feventeenth year of his Majefty's reign, intituled, " An Ordinance- for regulating the currency of tbePi'oviace/ bt^ and the fame is hereby i<.'oeakd.< chap: II; Ah ACT to amtiii certain' jtaris of an AB^ intituled'** Ah AS for the r^ulation^ oj JurieSi" and a certain other AEl intituled, " An ASl to ejiahiifh at Superior Court 0/ Civil and Criminal Jurifdi^^ionyond terrgulate tht Court of Appeal.'* BE it onacted by the King's moit excellem Majeity, by and Avith the advice and confeut of the LegiOative Council and Allcinbly of the Province of Such brafi or copper money to be I'eized and defaced, and one m»iely thereof to belong to hit Majelly, and the other to tha informer. TtndeV la . copper monejr • ." limited to ii. as one- payment, ; After the ift of June, 1797, the- gold coin*,' in 'payments ex. ceeding-jol. Ihall be weighn} in bulk if ekher of the parties require it,. Inwhamaa*. net. At what nt% commuted. SiifpefteA • pieces of money may be broken^ cut or dc6ic(4» By whom tha iofs arifing thevcby fliaM b» borne. DeciCon of queftions arifing thcKupoa. Coimterfeis. gold and filver coin, produced, in a court of juftice, how- difpofed of. Repeal of or- dinance, 17th Geo. 3^ for re* gulatingthscur* wacy. i i| (5 PrcamUt. ft \f i'J h^ c- A pinol «f jutori lor ilie trial 01' Urui-a.^t the airite.i, lliall be (ranfmittcil, atftiieil'iirriVxli i iMtbccaurtof King's Rrnch, by the Slierilfi of llir filkerii, ' Kti>IWiid anit W«ft«ra Dif- trittj rcl'ppc- tivcl^, without any venire taci> •I for cUni puf . The Sheriff of the Hume ililtiidt, t" fe- turi\ in nice nijniu'i, on Hrft Bay ol' every terin. l^eAmble. ^Keepcts of , inns, &c. to be liI«d by virtue of, and under the ftuthority ot an Aa palled in Uie furlJament of Great Britain; immkd " an AB to repeal Mrtain jparts of an Aa,pafl"e.d,in the fD4jrieei)ih ye«r of his Majefty'^ rcign, intituled, « an A^l for making: nvore ctfefcTual provihon for the covern- qicnt oi thcl^royincc oi\g;uehc, in North Amm<;^yMto makQ S^ixihcr pro. vUion tor the government of the faidi'jroviijee," And hy, theauil?odty of the Uijic, I hat from and afterthe pafUngof this Aft, and before the iirtt day of 1 rinity term now fiext wifuing, a;id before the firtt day of the refpcaive terms tiext preced ng the time when the ifluingof Uie writs ofalhzcand niii prius are dircHcd to be illued, accordiiig to the form and ettba of a certain Aa paifed in the thirty.fourth vcar of his Majdfty's reign, intituled,^' An Aa to ellabli(h,a -iuper.or court of c.vd aiidcrimiual jurifdicMooi, and to regulate the court of ap. peal, j^nd in every year thereafter enfuing, the Shcri/fs of the.Ealtern, Midland and Wedern Ddlntts, antl each refpeaivcly, (Jiall caufe a pannel of the names ot thcjurors, iiot.lefs than thirty rTi)^, nor more than forty-eight perfons, accord- ngto.therules and regulations contained in the faid Afcl, intituled. An Aft for the reguationof juries," to betranr.niitcdinto his Majelly's court of his bench, thatlh^ll be hajjleto be fumino/ied, for the trial cxf all caufes at the then next cnluing alhzes, without a Venice facias for that purpofe. jl. And J^e it further EnatUd, That, the Sheriff »f, the Home Diftria,on or before the hrft day ot every term, fhall caule a j)aouel of the ;.ames of jurors, not leis than ihir(y-Jv>: nor more th^n forty ^ight,.accordiog to the rules and re- gulatiojis ol the laid Aa, for the regulation of.JMrJes, to be tran&nitted into .his faid Majcfty s court of his bench, of perfoni that frail be liable to be fummoned ^ior the trial o all caule:. at the fittings during and epfuiiig each term, wiawui a venire facias lor that purpoic. o >• > ***.hh m . ^^ CHAP. HI. An ACT to amend an Aa intituled, ^^ An Aa for regulating the tnanner of licencing public houjes, and for the more eafy conviafng. of J>crfons felling .fbU rttuoui liquors xviihoiit licence." o j s j j tt, j,t ,, BE itenaacd by the King's mora €xcellent Majefty, by and with the advice and coiifeai of the legiliative council and alltmbly oT the Province of Upper Canada, conftituted and,.aflembled by virtue of, and under the autho- ruy oi an Aapafltd luthe parliamemn^f Great Britain, intituled, "An Aa to. repeal certaiu^parti* of an Afct pafled.in the fourteenth year of his Maieay's reign, wuituied, *' An A^l for makipg. more effeaual prov41ion for. the uo- .vernment of the Province of j2«^^.c, in North America, and to make .further .proviliou tor the goveuuonupf the laid Province," and by the.authority of thejamc. That from, and afu?r the pafhngof this aa, if any perloii or perfons IhaJl keep an urn or public houfe for the purpoie of vending wine, brandy, rum or other Spirituous li(juors.;,unlefs he, fhe, or they Ihall liave previoufly obtained a licence in mann^r.andJoim preicribed, by an aa pailed in the thir- ty-lourtb year.ot hts Majeity/^ reign, intituled, ♦* an Aa for regulatina the manner of hcencmg public Iwufes, and for the more eafyconviaing of perfons .lelhng fpirituous hquors wiilu^tjjceiir.e," fuch perfon or perfons (hall forfeitand pay tlie luqi of twppty poinds, to, be,.lcvied upon his, her, or their goods, and chattels, upombeing. couvi^ed on jhe oath of any one, credible witnefs, of his. h^r, or their havii,g«ir^a,4»^,ja the faid Aa^.iIlmllncral^d form as is -;:-,'- - r therein A. D. 17^)6. til Applicatioa thersof. fitd. Manner of gralttin| til3 lame. AV> 'MtOment. e. 3.4. fn the mriy.^myMr hJ'6fo^gtthe Thirk. therein mentioned; a moiety vhcreof (hall be given to the informer, and the other moiety paiU into the hands of hie Majelly's Receiver General, to M for the ule ot h.s Majc{ty,.his heirs and (Uccellors, for Uie pubhc ulos of thi,. Province, and towards the fupport of the government thereof, to be account- ed for to his Majefty, through the commilhoncr* of his treafury for the tune ttemg,in Inch mannct and form as it Ihall pk-afe his Majrftv to direa U.AndbeitfunhtrEnaihdhythe Authority ^fotfJaid^'Th^t it iLw and c.r„ in which iliay be lawful for any perfon or perfons irot havinc tained a licence and »"«"«««' i^«p kept an inn or public houfe, at ai.y rime before, and bting defirous of keeping "^--a T^lTy in inn or public houCe, to apply for a licence at any time duriiiff thevear VT'^ ''"""' tb the inagtttrates of the di^Rritt in 'which he rcddes, in general qiancr leC ^"'""--rV:^'- dHemblcc Alttrali^tnsin »li' tcrnu ol hoMiu£ >hr fcirions in,(he Kaltrin and MiilLmJUir. ytctmblc* 4^ RecilM of jA IjOfo. 3. r II. And be it further EnaQed, That from and jifter thepafling of thU AEi^ the court ol" jicnieral xjuarxer Idlionsof. the peace ibr the Wcitern dillrid, (iiail conimeucc andbe lujidenin the pariUi oi' /ij/umpiion, jn fuch pJace.as;iiay now be found jiiolt ooijvcuieutio the jna^iilrau* of Ahc laid diltritli, or the major part ol ihcm, oii ihc iccoiid Tjuddityfin the wo^th oi" July, »» . ihc fccotui 'luciddy i»> the^mojith of -Odobcr, o" the Iccoikl Tu€ldAy»in thcmooih ol" Ja- .uuary, aiidun.thc fccon.d Tuelday.iii Uie month of" April, xintil luch time a«i it. iliall (i'cin cxpcdiv»itotbc,manJUcates,,wr thejnajor .parlwl" the jinagirtratcs ut thoiitid dillrid, lo.rcmovc and bold <^'"ft «<•*!»''. ibe;cjitraii9e-vf the rivet Detroit ; and when it Uialllccm expedient to the laid luagillrates, «)r the major part of then), to liold tbe laid general quarter Icllions nearer to the laid iiiand,. it Iball and, may be lawfulJor them to. remove the fame,, havjt^ given due notice of luch intended removal, at leall three months be/orethe (aiineibaJl be removed, as af"vrcfaid. III. And whereas by, a certain ojiher A^t pallisd in the tliirty'fourth year of hjsMajelty's, rcigii,. intituled, " An Atl M) ellabliUia court for the cognizance pf Xmali citulfs in each and eyvry dillriet of this Province," the diltriti, court iii and for ihe Wcllcrn dillritt,, of tl.iis Provinces is appointed ,to be holdcn in Uie town of Detroit^ in the laid.dillrid,ibut a«,it fecjus.not to beany longer expedient to hold the laictcourt, in the town ati ,JDetroU al«j-efai^^ court in and for the faid dillrid, ihall be holdon at ,and in the -Gime place wb^re the general quarter Icf- lions may be holdcn under and, by virtue of the auihociiy of jhis Ad. IV. A)id be it. J,H)tl,ur Ena^cdby the Authority aforffaid. That the. courts of q,uari^'r li.\Hiou.s for t,hc Miillanddijlrid, and the hallcrn dillridi lliall hereafter be held. on the fourth Tuefday.in the,ui,onUv.of .January, and the fourth .'I'.uel- day in the month of April, intlcad .of the li^cond Tuefday in the month of Ja- nuary, .and the f^coud Tyefday in the, month of April. CHAP. V. An ACT to rej^eal certain, parti of ^aii Ail pajjcd in the thirty-third year , of his Majefly's reign^ iniituUJ, " /In 4<^if,io encourage the dejlroying of Wolves and Bears in different parts of this Provii^ce." WHEREAS it IS found to be no l^ynger nccelTary ,to encourage, by a public bounty the.dellroying of bears in any part of. this Province ; Be it therefore enacted by the .King's moll excellent JM^jefly, by and with the advice .and, conlent, of the kgiflaiive council aaid afkmbly pf the Pro- .vincep.^ f/j^/f? Cfl/ii/^rt,, coiillimted and^allembled by virtue of, and tinder the iyaihi)rity pf an A^'„P*ifl'^cl in ihepailianicnLof Grea^ J5riVar«, intituled, " An Ad to repeal ecriain parts of, an Afcl pallcjd in the fourteenth year <)f b's Ma- jelly's reign, intituled, " A" A^l l^f ps'l^'ig more effefclual provilion for tbc government pf.^he Province, of .j2«r^f'^» in, North Auurica^ and Jo ma,ke fur- ther provifibn for the government .pf, the faid Proviijce," and by the authority of .thefa«i)e. That fr9m,and.^f5er thepaflingof f^^^ Ati, fomuch of a. pertain Aftpafl"ed,,iii the, thirty-third j^ear pf Ijjs ^ajalty's reign, intituled, " An Aft .to encourage the ^ellrqyinigoi. wol^esjj^nd^ears in different parts of this Pro- vince," as enads, the payment pf any fum or fums of money, forthekilling of any bear.or bears, according to the prqvilions in the faid AdcQ^Uained, .fliall r\ u 1 ; rr» #» f\# flf ->:if«' niiH r]£t#^rniiny> • niifl #1i*» fa'iA A ^^ in Vci f: ar ae It Tha fim« III fo mucli (( it rxlitfti tftbMil r«f»ilt(l. fri«mkl«. .: AMnf*. fir/l Partiament. C. 5.6. In [ihe'thirfy.JIxlh ytar t>J George the Third. A. D. 1 79'^. 1 13 , of fuch fum or fums of money for the killing of fiich bear or bear* as afore. i'4ul, (ball in tliat rclped be, and is hereby declared to be repealed; any thing ihcrein contaijK'd to the conirary hereof noiwithllandjag. CHAP, VI. An \CT to authorize the Lieutenant Governor to nominate and appoint certain CommiJJiontrs for the purpofei herein mentioned. WHEREAS the time Imiited by a certain Aft paflcd inihe thirty-fifth year of his Majcfty's reign, ratifying, approving and confirming tlic provifi- •oaal agreerae«U entered into by the commifhonexs on behajfof this Province, with the comniiflioners.on behalf of the Province of Lo-mr Canada ; by virtue jof an Ak\ pafled in the thirty-third year of his Majcfty's reign, for the purpofes therein mentioned, will expire on the lafl day of December next enfuing : And whereas it is expedient, that new arrangements (hould take place between the jTaid Provinces, rcfpetling the colictlion ol duties or payjoients of drawbacks to be impolVd and allowed on goods pkaffing from one province into the other, by the Lcgiflaturc of each province relpedively ; and of and concerning any regu- lations, provilions, matters, and things, which might regard the commerce, ma- fnufafcluresj-or produce of thefaid Province, May it pleafe ycur ExceUeney^ \\}L his Majeftysmoft dutiful and loya! fubjefts,the Members of the Houfe -of A flembly of the province of {/y/rrCanat/d, being anxious to continue the generous intercourfe which fubhiis between this his Majcfty's Province, and his Province of Zow/er Canada j do moU earneftly requelt your Excellency, that for the mutual convenieivce and beneht of his Majefly s fubjcfcts within the fa.d Pro- vinces ; and in order to continue the good correfpondence between tlicm, it may be enaUed ; And be it enafcled by the King's wiofl excellent Majcfty, by ;{ntl with the advice and confent of the Legiflative Council and Aflembly of the Province of Upper Canada^ conftituted and afTembled by virtue of, and under the authority of an Ati paflied inthe .Parliament of Great Britain^ intituled, an Aft to repeal certain parts ofan Afct paffed in the fourteenth year of his Majef- ty's reign, intituled, *'An A tk for making more cffcfclual provifion for the go- vernment of the Province of Qiiebe'c in North America^ and to make further pro- vilion for the government of the laid Province," and by the authority of the fame, That it flialland may be lawful tor the Governor, Lieutenant Governor, or perfon adjniniftering his Majcfty's government in this Province, from time to time by letters patent under the great feal of the Province, to commiflion, au- tliorize and empower, three able and difcreetperfons, two of whom fhall be a Guorum, 10 treat, conluli ^nd agree with ihe perfbns to be duly authorized for that purpofe ; by a power to be granted by an Attof the Legifl^ture of his Ma- jcfty's Province of Lower Canada^ of, and concerning the eltabliflting fuch re- gulations as may regard the collefclion of duties or payments of drawbacks to be impofed or allowed on goods pafting from one Province into the other, by the Legiflature of each Province refpectively ; and of, and coiicerning any proper, tions to be received and paid, of any equal duties already impofed or hereafter te be impofed by the faid Legiflatures refpe^ively, on any article or commodi- ty pafling from one Province into the other ; and of, and concerning any regu- lations, provifions, matters and things, which may regard the commerce, manu- fatluresor produce of the faid Province. II. Prmded alwayit and be it Enaeted and Declared. That no reffuU»!^n ^»iy- P. - ^ ; J" > vition. ttthn )ilmi- nifterin|tlie go- vernment It), ihoriitf t(> ID. point eommifTi. oncrf, eftiblifW rule* for 0x9. coli((|io^af4u- ti«i| ^c. ' CDS (tf a'^'^rct " *1 h m M ' 'f George t\i Thiri. K. T>. x f^. Fifth Stf. f'mbly." , J J J J WHEREAS by art Adt'paned in the thirty-third year of his Majefty's rcii«M, intituled, " An Act to authorize and direct the laying and col- lecting of alllirinents and rates in every dillrict within this Province, and to pro^ vide for the payment of wages to the members of the houfe of alfembly," the magiftratcs in and for the feveral diftricts, were authorized and empowered in iheir general quarter fellions, in the month of April aHembled, or the greater part of them, to.caufo an cllimate to be laid before them, of the fum or luma of money, that might be necedary to defray the charges and expences accruing in their rei'pcctive didricts for the ufcs and purpofes in the laid Act mentioned : and whereas it feems necedary to enlarge their powers for die prefcnt yc ^r; Be it therefore enacted by the King's molt excellent Majt'dy, by and with the ad- vice and conlent of the legillaiive council and alfcmbly of the Province of Upper Canada, conttituted and allembkd by virtue of, and under the authority of an Act palfed in the parliament of Great Britain, intituled, " An Act to repeal certain parts of an Act paffed in the fourteenth year of his Majclty'i feign, intituled, " An Act for making more elfectual provilion for the govern- nient of the Province of Qitebec, in North America, and to make further pro. vilion for the government of the laid Province," and by the authority of tho fame, That it Ihall and may be lawful \s) and for the magillrates' of each and every didritt, if it Ihall and may to them leem ncceifary, in the general quar- ter lelTions, now next enlaing the palling of this Act, alfcmbled, or the greater part of them, to caufean cllimate to be laid before them, of the fura or fums of money that may be neccllary to defray the charges and expences accruing in their refpectivediltricts, for the ules and purpoles in the laid Act mentioned, for the enfuing year; and having determined and re Iblved upon the fame, to caufe the amount of the fum tv be railed to be divided in an exact proportion to the rate with which each clals is feverally charged, as herein before is provided in a certain Act for that purpofe, intituled, « An Act to amend certain parts of 'Mn Act pafled in the thirty third year of his Majelty's reign, intituled, " Aa Att ttt authorize and direct the laying and collecting of aflcflments and rates in rVery diltiict witWn this Province, and to provide for the payment of wages to Ihe members of the houfe of alfembly," and to declare that the alJeirmem re- iquired will be half a rate, a third, fourth, fifth, eighth, or any aliquot part of » rate, if h (haH not be deemed neceflary to raife an entire rate, according to the proportions aforefaid, by computing the proportion which the fum pro- pofed to be raifed bears to the amount of the fum which fhall have been raifed fcy m6 und^rthe afuthority of the firft abovementioned Act, or which fhall have Mcwcr which legally may be railsd by and under the authority of the Act paiTqd An entire rate, or any uliijuoc partthereofmuy DC laiJ aiiil rail- ed in every dif. triil wlifreof' »fie 'migillrjtes Ml their next gMierat felUoni thall deem ne- ceflary for im- ineJiate eiigen- CiM. Tixfi PartUment, C Second Parliament, C :^:} Jntih thirtyfixlh 41^ tUrty,ftv(nth y/an oj (*i^fl%^ the third. A. D^. i 7q5 anJ. 1 797. n4- pafTcdin the thirtyfounh year of his Maicftv's reign, Intitulcl, "An Act to amend cefwin parts of an Act, palfcd in the thirty.third yeai* of his MajeUv's ' reign, intituled, « An Act to authurixc and direct the laving and coHecting'of aflcfTinentsand rates in every di(lr;ct within this Pmvinc'e, and to provide for the payment of wages to the members of the honfe of airembly," and to appty the famfcas in and by the abovementioncd Act or Acts, or either of them, Ihaft or may be directed j any thing in cither of the fa id abovtmcmioned Act or Actil to'the contrary hereof, in an^ wife uoiwiihftanding. i v ;.....!. T.H t .STATUTES O F « I S MAJESTY'S PROVINCE OF Upper Canada. JASSED IN THE FIRST SESSION OF THE SECONO PRftVINCUX .PAHIIAMINT Of U?rS]* CANADA, MET AT YORK, ON THE FIRST DAY OF JITNE, IN THE THIRTY-SEVENTH YEAR OF THE REIGN OF OUR SOVEREIGN LORD, GEORGE THE THIRD, AND PRO, JROCUED ON THE THIRD DAY OF JOLY FOLLOWING. I ! '(\ [ i jfl ''■k-. ■m ffti Prtambfe, CHAP, I. An ACT /or the better fecurtng the Province againft the Kiiig'i Enemies. WHEREAS the laws now in force againd alien enemies, may not prove futticicnt to fecure the tranquility of the Province ; Be n therefore en. aded by the King's molt excellent Majeity, by and with the advice and confcnt of the Legiflative Council and Affifmhly of the province of UMer Canada, con- ftituied and anea^bled by virtue of, and under the authority o\ an Act paHed i« the Parliament of Great Britain^ intituled, an Act to repeal certain part* of an Actpafled in the fourteenth year of his Majefty's reign, imitulcd, " An Act for making more eftectual provUion for the government of the province of Queiec^ in North America^ and to make furtherprovilion four che govetmmem of the (^ province," and by the authority of the feme. That frot» and after the paflinij of Oefcri,ti.n this act, no perfon of whatever name, character or deitripiaws bemg an iMolbi* fJifT^II* **• tant, fubject or citizen of, or owing or profeffing to owe allegiance to^ any CttOHw v'com lA^T try, kingdom, ftaie or commonwealth, now at war *g«ji»ftout foverevgn Lord *^^ the King, or who fliali have been an inhabitant, fabje«i or ci!tifz mw^ J^a ' ■' tcjpted^ ri)* ijil .f » i'1 4 •t^ C 1. Utk, Exception t* Bcrfoii] havinf licence of rcfi. ikacc. No perfon to entertain fuch taemyt 'f) VMaUfO^ttm Aoiily an>l £. t> in thf cat* •fiufpcdU In thi thirty- fatenihytar of Oeorgi the Third. A. D. 1 7^. JHrft SeJ^oft rut, HONOVAtLt rttlR RUISKLL IIQVIRK, »I»li)BNT. tepi^di ifcallbr pcnniurd 10 enter, remain, rcfidc or dwell in any part of this province, under ihe pains and penalties herein alter expreired. II. And be tt further EmUltd^ Thai »f any perCon IVoro and after the paffing of this A«i, of whatever character or dclcripiion, being an inhabiiani, fublcct or ci- tizen of, or owing or profelSng to owe allegiance to any cduiury, kingdom, ftate picommonweaiih, now at war againd our Ibvercign Lord the King, or ^ho fhaU have been an inhabitant, lubject or citizen of, or owing aliegiance xo any fuch country, kingdom, ftate or coinmonwealtH, within the Ipacc of feven years preceding the palling of this Act, (except as hereafter excepted) Ihall en- ter, remain, relide, dwell or be found in any part of ihio province, it (hall> and may be la lul for any of his Majclly's juflices of the peace, to illue his warrant for the apprchenfion of fuch ptrfon; 4nd upon a due examination of, and hnd- ing him to fall within the delcription, intent and meaning of this Act, to order him to leave the province within four and twenty hours ; and in cafe he (hall be found within the limits of this province after that time, it Ihall an<* may he law- ful to and for any perfon with or without wairant, to feize and carry nim ' •! jc any of his Majeily's julliccs of the peace, who fliall commit him to the common gaol of the diltrict, countv or place where he Ihall be fo found after the expira- tion of the time aforefaid, lor the fpaceof one month, at the end of which time, he (hall be again required and ordered by any of his Majedy's juftices of the peace, to leave ihiy proviiKe within the Ipace of twenty-four hours ; and in cafe he (hall again be found within the limits thereof, at the expiration of that time, he (hall upon conviction thereof, before any commiHion of oyer and terminer, be deemed and adjudged a felon, and ihall futfer death without benefit of cler- III. Provided always^ That this Act ftiall not extend, or be conftrued to ex- tend to any pfcrfon having leave, licence or authority from the Governor, Lieu- tenant "Governor, or perfon adminiftering the govermnent of thi^ province, un* der his hand and leal, to enter, remain, relide or dwell in any part of the faid province. IV, And be it further Enacted, Thm if any perfon now living and refiding, or hereafter living and reliding, during the continuance of this Act, within the province, (liall knowingly receive, cntcitain, protect, countenance, fupport or encourage ariy perfon of whatever name, delcription or character, being an in- habitant, fubject or citizen of, or owing allegiance to, or profelling to owe alle- giance to any country, kingdom, Itate or commonwealth, or who Ihall have been an inhabitant, fubjea or citizen of, or owing allegianrf! to any country, king- dom. Hate or commonwealth, within the fpace of levc. ^ ;; ;, preceding th^ pall- ing of this Act, now at war againk our fovereign Loci i.i '*' Mg, to en' re- main, refide or dwell in any part of this province, ex ;ept aa t)t.Lfreexcepted',and - fliall be duly convicted thereof, in any of his Majelty's courts of record in this province, by indictmen I or information, he fhall be deemed guilty of an high ^ifdemeanor, and fubject to the pains and penalties in all cafes of mifdemeanor i|i^>oj!^d and inflicted. 'i\.,.JI:-i h it further Enacted^ That it fhall and may be lawful to and for any qflf JvVeAy's fabjects, having realonable caufe to fufpect a perfon of being j|i>i,«lis#5 . ni, iubject or citizen of, or owing or profeffihg to owe allegiance to aamx..m^-if, kingdom, ftate or commonwealth, or who fhall have been an inha- ^'- ■ or Thii *a M ki publicly rcaJ Limifitloa Prtunblt*) iteond PafUamtnl, C, i-t-g. In the tkirty-fiventh year tJGtorittht Third. A. D. 1797. ity er commonwriiltfi, within the fpace of fcven years prccedifvg the pafllng of this act, now at war iigairt(t our I'ovcrcign Lord the King, peaceably to demaiK), and he is hereby reqliircd to demand, of fuch pcrion his rrniticate of permilLon, Itave, hcencc or authority to enter into, remain, retidc or dwell in the place where fuch perfon (hall then and there be, bciiifj in the faid pro/ince ; and if, upon (uch demand, (he perfon fo fufpccted Ihall not produce and Ihew to the fubjcct demanding the leave, licence or authority thai he may have under the hand and feal of the Governor, Liemenani Governor, or perfon adminiifering tJie Kovernntent, or certificate of pernnCricm as afurefaid, he (hal^ forihwiin caule his fulpicion to be made known uponroath to ih«: nearcfl niagiUrate, who- fhall iffue his warrain for the apprchenfion of the perfon fufpccted, to be dealfc with as herein before provided. VI And be it/urther Enailed^ That this Act (hall be openly read in court 5/ the clerk of the peace or his deputy, on the fir (I day of every fcdion to be held- in each and every dittrict of this province during the continuance thereof. And that the faid Act, and the pruvilions therein ooinaintd, Ihall remain, coiuinue, and be in fbr«c fur and during the fpace of two years, and no loi»jj;er. CHAP. If, An ACT to enable the inhabitants of the Town/hip o/York^ to ajfemhle for the pur- pofe of choojing and nominating Partjh and Town Ojictri. WHER liAS by an Act^ palled in the thirty ^ihird year of his Majefty's icfgn, intiiul'"d, " An Acl to provide for the nominaiion and appointment of pariih and town officer*," the inhabitautt oi any parifli, townllup, repiited town- fhip or place, can only be aflcmblcd on ihc ftrd Monday in the momb of March in every year : and whereas it is expedient,that in the townlhip oi' York, the in- habitants fhould be immediately allembled for the purpofes mentioned in the faid act ; Be it therefore enacted by the King's molt excellent Majefty, by and with the advice and cotilent of the Legiflative Council and Allembly of the Province of C//;/)rr Canada, eoiittituted ami allembled by virtue of, and under the au;hority of an Act pallid hi the parliament o^ Great Brttaiu^xnmwXc^^ " An Act to repeal certain parts of an Act pafltd m the fourteenth year of hia Majef- ty's reign, intituled," An Act for making more effectual provilion for the go- vernment of the province of (lurbec in North Anterica, and to make further pro- vifion for the government oi the faid province,*' and by the authority of the fanie, That the inhabitants of the faid iown(hip,lhall he called together, as foon after the palhng of this Act as convenient, in the fame manner and for the fame purpofes as are directed by the faid recited Act, and "any two of his Majefty's jullices are hereby empowered to appoint one or more conllable or conltable* as they (hall think fit, to ferve in the faid townlhip.. ' CHAP. III. ^n ACT /or fe curing the 1 illes to Lands in this Province. WHEREAS many perfons are poflefl'edof lands in this Province under Land Board Certificates, and otherwife, by authority of his Majefty's Government, and now hold, or claim to bold the fame,either as the original no- minees, or as the heirs, devifees, oraffigneea of the original nominees thereof, of which lands tro Grants have as yet iffued under the Great Seal of this Pro- vince, whereby the legal eftate and intereft thereof is ftill vetted in his Majefty : for the fecuring of all fuch perfons in the ownerfhip and poffelfion of fuch tends. Be itena6ted by the King's rooft excellent Maieftv. by and with the advice and confent oi the Legiuative Wgiincii and Aflcmbiy «t the FrovhttC ot Vfftr Imada, cooliitutcd Time for.T'rl purpores of »f< Icmbling. Prwajili. H and !5'| I fii XI 8 C.3, Jn.the thirty. fttxnihjeaiK>f Oeoi^gB iht Third, iA. D, 4797, ^Firfi S^u).^ THE IJONOIVABLE PRTER RUSSELL ES incaje they, <)r themiyorpaitafthemlhall be (atisfied, thai the perfon or per- lons \o holding, or cliiming to hojd the (aid. lands as aforefaid, is or are entitled in equity and goya con!c.cnce to hold the iame, either as the original nominee'or nomi- nees thereot, or as the heir ot heiis, deviiee or devifees, or bona, fide affigpee or afn?- neesoi Inch original nominee or nominees, or by any other derivative title from (ucfi piiginal nominee pr nominees, the validity of which derivative titje iiiall be iwdged of in like manner. They the laid commiffioners, iball report the fame in maniKrbereia attcr menti)ned. ^.V. Provided nevfrthekfs^ and be it herthy furth'er EnaBed by the Authority ajorejaijy 1 hat the faid cynimiliioners Ihall not proceed to examine any fuch claim as aforefaid, unkTs they ihalMiave cauied notice in writing of their in- tention to proceed upon ihe.bulmeis of the»r laid commiiiion, to be fixed up in fome conJj);ciious part of the office of the clerk of the peace, and at thre© other the malt public places of each djftrict relpeaiveh', at leaft one month before diey iuall begin to act therein j and aJfo, xnnhk notice of fuch claim, ^Bdot tbenaineof die claimant, andallba defcripiioa of thelands, ia rdpeoi of which luch claim is made, fliaU be {i.^ed up in Ipme confp: .aous part qJ' the laid o^^ce, at IcaR fifteen days before tjje fame lliail come on io be heard. _ v. Provided Junker^ and be it hereby Enacted by, the Authority ajorejaid^ That It (liallaod mav be lawful to and fnr all n«»irf»n« inf^«•p^^^./^ n.r r-\a.\r^\^^ .^ u^ intcretted ju ittch lapdi as aforefaid, tp file caveat* in the feid oUice of tlir c^erk tJoviirnor, ^Z. to ;ippiiiilt cominiliionevs. Their autho rity. ippear. The commif- fioners may compel atten- dance, and pro- duction of pa- pers, &c. How they fliall be guijcj, To give no. ticc I { d.iyi be- fore the j.iy of ciaminaci^n. Intersfted perCuns may tile. cj\eats a- %iuA ucli tlcariiig. Sttmd Pafiiammt. C. 3. IniUthirty-fcvtnthyetrtff Ceorgeihe Thirct. A. D. I797. clerk of the peace, againft the hearing of any fuch claim or claims as aforefaid, ■ but in their prelence, or in the pre fence of their agents properly, conttituted- under their hands andfeals; andalfo toatientlin perlbn, or by their faid agents, vhenthefaid claim ihall be brought forward, and to be heard againft the fame ; but fuch caveat Ihall not retard the hearing of the faid claim or claims^ beyond fifteen days from the day on vrhich the fame (hall have been entered in the office of the faid clerk of the peace, unlels it Ihall appear to the faid com- miffioners that the real jufticc ot the cale requires that the lame Ihall be defer- red, in which cafe it iiiall and may be lawful for them to defer the fame. _VI. And be itjurtlur Enalled by thr AuLhorily ajorejaid, That the faid com- ftiillioners fhall from lime to lime tranfmit to the clerk of the executive coun- cilof this Province, a report of all fuch clainvs as they fliali have examined- and decided on, and the perfon or perlons in whofe favor they (half have report, ed, Ihall be confidercd as entitled 10 have a grant or grants under the great li:al of this Province, of the lands in refpcct of which fuch repoiu fhall be made, and the fame fhall iflueio fuch perfon oi- perfons, or his or their heir or heirs accordingl)^. VII. Provided nevtrthdefs^^diid be it hereby furlhcr EnaV.ei by ihe- Authority aforejaid, rivdl it Ihall and may be lawful to and for any perfon or perfons who iliall conceive him orthemfelves to bb- ag^iwved by the deciiiort of the laid CommjUioners, to appeal therefrom to his Majefty's executive council. ^ VIII. Provided ^Jurtherntore, 'I'htit no fadi appeal fhall be received by the faid executive council, uiilefs the appellant fliali give notice to the faid com- niiUionerst>f his intention to appear within three-days from the making of Tuch decilion; and fhall alio at the fame time give ftcurity.to the laii.sfaction of the faid commiflioners, that he will j^ofecute his faid appeal with effect, or > in de* fault thereof, will pay- fuch coiLs to the perfon or perfons in whole favor fuch report fhall have been made, as the faid council- in its dilcretion fhall award. IX. Andb€ It Jurlher Enafilfd by the Authority ajorefaid., That in cale rtfliall appear to-tljc- laid commiflioners that the raid lands, or any part of thcni, in refpcct of which a. deed or deeds 'fhall be claimed are reallv"and bona fide fub- ject to anv mortgage or oe lame order and priority, and fubject to the hke rules and rellrictions,- and fucb enregiftration fhall have the like force and effect, as if grants under the great feal had theretofore ifliied of fuch lands at the tune or times, wlieit fuch mortgage or mortgages or other con- trcicts were made. X. And be ii further Ena&ed by thf Authority ajorefatd, Thaf alf judgments iVhich would have bound the faid lands, or any part of them, in cafe grants . under the great feal had theretofore iffued thereof, before fuch judgments were had, fhall be let in to and have the fame force and effect upon the faid lands, as they would in fuch cafe have had., snv law tr> th^ rrwntr-^.-., ^^,x^:^h^^a: ,*1, 4m fie^Ujurihar £na&ed b/ the Aut^mij a/orejaidp That it fhall and 119 Such CTvcatt not (o rrtard keyond I5dayt except, Sic. .- I CommilHon- ers to report to the tlerk of the Executive Council, and {rants to iflus accorvlingl^. Aggrieved perfuiu may appeal. Appellant to give no: !>.'£,&(, anj lecuritj'. In cafe of mortgage, &c. tliecommiiVioiv* ers to certify the tam«. The regifter toenregUlerthtt' fame. In whatcafi judgment, may be let in. U^^l ISO Clrrlc af the pfacc, ckrk 10 the coniinillion. C. 3.4. In the thirty. fevtnth year of Oeorge the Third, A. D. i j^j, rirji Sejfm THJJ HONORABtE PETER RUSSELL ESQUIRE, PRESIDENT, ) may be lawful to and for the clerk of the peace, who \, hereby authorized and e»>powered to act as clerk to the faid commiffion, to, demand and receive td 5;;' iT^e^oKlir '' "^''^'" '''"' ^" '•" '"' '"^ "^ ^'^'''''''' ^ FEES: y kec|> an office in each iliftrid^. the.^oreeafy and convenient admininration of juftic? by the courtof King s b?nch ; Be it enacted J)ytbe King's moft e:^cellent Majefty, bv and with the advice a^dcopfeht^of the legiflaiive council.ana alTembly of the' Pro- vince o Upper Caw^J^, co^fbtuted and affejnbled by virtue of, and under the authority of an Act pafTed n. ^he,parIia;Tie.nt o^ Qreit Britain, intituled, « An Act to -repeal certain p^rtsj)f an Act palfed.in.tbe foufteenOi year ^p ^^^ ^^_ J8ftys reign, intituled, » An Act jor. making, more effectual provifion for the goverpmentpi the Prov.nce,of,j2w.^.c,.in Norfh America, and to make f^-- }!^TV iT^^f govermnent pf tjie faid Province," and by the authority of the f^e That from and after t^e firil day.pf October next, .it ihaJl ^nd may be lawful to a^clfor the clerk of the crown ai,d pleas of this Province to have, and he, is hereby, required to have in each and every diftrict of tbe/ame, and alfo in the towrvpf A^.r^^ri, in the. county pf cLincoki,.\n the Home dif! ,tnct, an ofhce in which ^cticms in the faid court of King's hejich may be infti Tu' and theparues plead to, iffue, in like manner as is now done in the office' pf , the laid clerk, in the di,ftr.ict in which the faid court is Jioldcn ; and that for that purppfe the faid, clerk be, and he hereby is authorized and required tofup- ply bis depMty in each diflnct, and alfo in the faid town of NewarJ,, from time to tune, with, blank writs of the faid court, properly figned and fealed, which his faid deputy is hereby authorized and required .tp fill up. as occaUpw may re. . • ' '• u"t u'^'^J."' '"^"y '"^ great, inconveniences have followed from the letieth of in^e wh,ch by theprefent pr.6tice of the faid court muft intervene bet ween The ten e -and the return of writs ; Be t enafted bv theanthoritv sfor^/aM TkJf j r ^c' tobe'recurn atia Chr.flmas-day, .n cafe it (hall happen on a Monday. fl,ai| be afeturn darforVhe dax. retura of wnts iffumg ppt of the laid court of Kmg'. binch, and no other day or davt wba foever be the return day or day, tor fuch writ, ; and that not lef. than Je« daJI fnt;"is;?ns;s^^^^^^^^^ "V -f "'^tl'V' Jfnherllnaaed by the Authority aforefatd, .That from tnd after the div' Mefaid Hilary term fl,a 1 begin on the firft Monday in the tnonth ^ Januan^. anj Time between the teftc and return. Timet of hold- ing court!.' afoiefaid, end on firft Monday of the month of April, and end on the Saturday of the week^enfuin* and end OB Second Parliament. C. 4. In the thircy-fevenlh year of Geargtthe Third. A. D. 1797. 2"«'tr ^^l"'''^'7 V*^ *^* "'"'' er.fuing ; and that Mfchaelmas ftrm mall hffm en Mv»' ftrfl Monday of the month of November, and end on the Saturday of the week cnfit- ing ; and that allcc^mmiflBon* of adi?;,; aoU nili prius 4o iifue. a^d alfo that the (ittiuos lor the Home diflti6> he held in the vacations between Hilary and Eifler terms, and between Trinity and Michaelmas terms, any law ov ufage to the contrary notwith- itanding. ■' IV. And he it further EnaSied ftv the Authority aforefaid. That in cafes which do not require (pecial bail, the hrn and original procels of the laid court (hail be by writ of lummons, which may be in the following ^ FORM: UPPER CANADA, "j GEORGE the Third, by the Grace of God, of Great Britain, District, S.France a"d Ireland, King, Defender of the Fuith, and fo forth :-. Tomt: J loiheSheriJfoJ the ViUfUl, Greeting: \A7 V"'"""'"'^^''" '*"' y°" /i/mmon A. B. to appear either in perfon or by hit attorney be- V V fore us tn cur evurl of our bench, on the day of now next en'uiwr to anfmr the cnmphint of C. D. in a plea of (as the caje may he} accordCnl totlxeanne.ceddeclaratun f ai^d herein fail not at your peri}, Witnefs the fwnofoHe E P cbietjulUce of our laid Province for out of the juflices of o^r /aid court, as the cafe maybe} this (lay ef in the year of cur reign. And Ihat^ the plaintiff d', caufe tTre drfenciant to be (eived with the faid writ of fum- rnons ; and that the fnm of five IhilHnii*, and no more, be allowed in cofts for (erv- log the lame, but that there be no allowance whatever for miJjgfs. V. And whereas dtubts have arifen with refpeft to the time when jiulgment maybe fiined tor wsnt of the defendant in any aftion having duly appeared Thereto, Be it rhcrefore enaftexi by the ;.utbarity afotpfajd. That in all civil fuiis where the defendan Iball not be hniden to b.il, the ordinary courfe of proceeding (hail be by fervine or raufing the defendant or defendants perfunally to be fesved with a copy of the Drocefs and de' lai; tion by lome literate perfon. and if (uch defendant or defendants (hall not appear.! the return of the prorefs. or within eight days after fuch return, in (uch cafe It (hal .rd may be h-wfyl for the plaintiff or plaintiffs, upon affidavit being made and hied of the pei(onal Service of fuch procels and der laiatiojj., which affidavit fiiali be filed prat IS, to enter a common appearance for the riefend.nt or defendants, and la proceed thereon as if fuch defendant pr defandanis had entered his, her, or their a^ VI. And be itr,^rtker EnaHed by the Authority aforefmd. That wherever the defendant in any atticn (h.,li, m term time, plead any dilatory plea, in cafe fuch plea fhall be of a f.!f ("h ir'"' f"^.""!"^ ta^t it Ih.ll and may be i.wlui to and for the plaintVin the (ad action to let down (uch plea for argument on the nejn= » Sunday,, then on iKe nqxt day, and oficaer if; ikvrei^nto required,, there fhaU ■ be a general meeting and review of the feveral battalions of niilitia in each and ' every dillrici of this Province,, at w.hiq.h time the captain,, or oiJiiijer com^ mandio^cach company, fball give lo.bi? GQlpuel,oriu his abfencc,to.ihc nexl fenior otfiQcr,. fair written rolls of their Fcfpective couipaniey, which colonels or other consmapding olficers fhall tranfn\it the f^nje ^o.the lieutenant, or d.epu.- ly lieutenant, or iq his or their abfence,ta the Jiemenant gpvernot or peVfon, adminiilering the go^vernment, under the penalty of five po;jnds for each cap. tain, or other officer as aforefaid, who fhall neglect or refufe fo ta do< _ VII. And be it lurther gnfli $1 by the AiUhorily aforefaid. That no Provi^i, cial allowance C19U be tjo^de iq VJe adjutpnt-general qf the niilitia, any bv to ehe cpnuary nof.wi,tbflauding. VIII. And be Uprther Enacted by the Auihoxity; afotef^iid^ That if any pcr- fon be woMpded^and lliijU ^e dilabled tjppja any iovaliou, jufuneeiian, or re- kllion, he fhall be taken CJire ol, an.d provided for by the public, during the lime of fuch difabiliiy. ' ' ■ " i;?C, And be ttjvther £ra(ted hy the Authorffy pfpre/aid, That the twenty-fourth clauie o* an act of the legiflature of this province, intituled " An afct for the bet- ter regukition Qf ih^ militia in this J'roviuQc" be, JinxJ the fame is hereby re- pealed. - ' X. And be it further EnaEed by the AiUhority afarefaid. That tbc Caps, fer^ fciiures and penalties by the faid Aft impoled, or by this Aaimpoled, (hall b<; iued (or and recovered by, and upon tbe oath of any otie credible witnefs be- fuieany two of bis Majeity's jultices of the peace, aud, within two montlu after Inch convitiion and recovery (hall be iranfmitted by the juftices before vhoivi fuch information fliall be laid, to the lieutenant, or in ca'ie there be oa lieutenant, or that he be abfent, to tbe deputy lieuteuant of tke CQiiJnw whei^e the oilencc has been comnuttcd ; aad the faid lieuiciiants and deputy lieuten^'it-s relpctliv cly, fhall, and they are hereby required out of the feveral furps of mo, ncy which they fhall or may receive for hnes, forfeitures^ or penalties^ or other- wle, by virtue of this Act, prof any other Att of the kgidature of this Pro- vince which relates to the miUiia, to provide for the regiments in their lefpec tive counties or ridirp. drunis, hies, colours, bann.eis, vegimetual books, ana lor the difcharge of pther incidental expencQs ^ and in cafe any overplus of luch monies (liall remain in the hands of any fuch lieutenant,, pr deputy lieu- tenant, after providing luch articles as afore(ai,d, fuch lurplus (hall be difpofed of in premiums to the perfons who (hall piake the beff (hot at a target ox mark, upon days of training, and in fuch proportions as at a meeting of the lieuten' ancy, or deputy lieutenancy, fhall be ducfclcdi and eaqh lieutenant, or deputy UeMtenant, fliall render a certihed account thereof iti detail, to be tranlraitted tpt, the Ueutenant governor pr perfon aduunUfeiing the gpverunjen.t, as (qpr after the thirty-firfl day of December, aiiRually, as uraclicable. XI. And be It further Emtltd by the Autkonty afar efaid^Th^i unpn, prefUnp and urgent occadons, ,n the time of war or infurre6iiorj, it (hall Snd mav be lawful for the Lieutenant Governor, pr perfpr adminift^ring the governnicm, to march fy^h^part of the militia of this Prpvince as he GiaU think pioncr. to th* auiuaatc or liic riuvuitc Pt i,ow«»-Ca7!• 1. i'l fteamkle. JutiOiAioa tf tJiie court iut trial of finall caul'c* exwniitd from tjl.to40l. in aitioiis of debt where the amount inker- t^iueil, Ice, «24 C. 6. In the thirty -feventh year of George the Third. A. D. 1797. ^^^J SeJ/i«n THE HONOKABLlL PilER. RUSSELL KSttUIRE, PRKSIDENT. CHAP. VI. Jn ACT tc extend the Jurifdi^ion^ and regulate the Proceedings 0/ the Dijlriff Court and Court oj Requrjis. BE it enafcled by the King's mofl excellent Maji-lly, by and with the advice and coiilcni of the Lcgiflativc council and alitinbly of the Province of Ufper Canada., conflituied and allcmblcd by virtue of, and under the authority of an Ad palled in the parliament of Great Britain^ intituled, «' An Ad to repeal certain parts of an Atl pafied in the fourteenth year of his Majelly'i reign, intiiuled, " An Ad for making more effeduai provilion for the govern- nient of ihc Province of Quebec, in North America, and to make furtlier pro- vilion for the government of the faid Province," and by the authority of the fame, Thai the jurifditlion of the feveral courts conltitutcd and appointed un- dei and by virtue of a certain Ad palled in the thirty-fourth year of his Majef- ty's reign, intituled, " An Ad to cltabLilh a court for the cognizance of fmall caufes in each and every diflnd of this Province," Ihall be extended from the fum of lifteen, to the lum of forty pounds lawful money of this Province, in luch adions of cwitrad only as relate to mere matters of debt, and are brought for the fole purpole of recovering fome fum, or fums of mwney, the amount of which is already liquidated, or afccrtaincd, either by the nature of the iranfatlion itfelf, or by the ad of the parties, and not for any other purpole or intent whatever. II. Aiidde it further Enabled by tht Authority ajorefaid. That the faid court fliall have cognizance of all quellions of property in pcrfonal chattels, where the value of ihe thing claimed doe* not exceed the fum of Hfteen pounds; and Iliallalfo award damages to the like amount, in all matters of trelpals, where the tide to land does not come in qm'ltion, and where future lights will not be bound by the decilion of the faid court. III. Provided HeverthelfJ], That nothing herein contained Ihall be taken, or conlhued to extend the jurLldiction of the faid court to adions in the nature of adions of alfault and battery, t)r ftdlc imprilbninent, or in any wife to atl'ed the juiifdidionof the court of King's bench. IV. And he it further Enatled by the Authority afore faid. That no perlbn whalfoever Ihall claim, or be entitled to any other or greater fee for any buli- nels done by him in the faid court either as attorney, IheriH', clerk, crier, or judge, than is fee down (or him in the faid Ad ; or any fee for any other bufi- nefs done by him in the laid court, other than the bulinefs which is pivfcribed and direded by the faid Atl, nor Ihall any fuch fee be allowed in any bill of colls. V. And he it further Ena&ed by the Authority aforefaid. That where judgment fhall be by default, no writ of enquiry ihall illue to the fheritf"; bi;t the amount of the debt fliall be afcertained at the fame time, and in the lame manner as the fame would or might have been afcertained in cafe the defendant had ap- peared to the declaration, or fummons, which are hereby declared to be one and the fame, and not feveral or diitind proceedings in the faid court. VI. And be it further Enabled by the Authority aforefaid, I hat the fum of two jQiillings and fix pence fhall be allowed for the lervice of the faid declaration, or fummons : but that no milage whatever be allowed for the fame, either in the iaiuXuHiid CQurt^ or in the Court of rcqueilcij and that an anidavit 01 the iVr. vice M»y h»ve f»g. nitancc ul 4UCI- tioiis 01 proi'tr- ty in |)erional chattel', and 1797- i^a vire be-!'oro wlimn Id be m:idc. >illites of iif. iJ I ill |lllil< 111 intir I'irciiil imy tft ai villcju. rrcamble, Suond Parliament. C. 7. In the Ihirty-feventh year of George the Tliird, A. D. vice of fuch procefs may be made before any of his Majefty's juflices of the peace other than the plaintill himfclf, in cafe he (hiill be one of lutb '\\\[\[a:s. VII. And be it Junker EnaEitd by the ^iutUoricy aforefaid^ Thauhe juihces of affizeaiid niliprius, in iheij cwcuits incach and every dillrjCt of this Province, Jhallbc, and they are hereby authorized and empoweied to ait as vilitors of the I'aiddiftritl courts, at>d aifo of the feveral courts of rcqucit wrthin the tiiid diHl iricts, iu like mannef as is how done by his MajsiUy's court of King's Denoh. CHAP. VII, An ACT for the more eafy Barring of Dower, I7OR the more eafy barring of dower; lie it enattt^d by trie Kitrg'srrtnfl ex- A celleiil Majedy, by and with the advice and eonlcnt of the le!;.i(lative council and alltmbly ol the Province of Up^.er Canada, eonnitutedaiui aiiem. bed by virtue ol, and under the authoriiy of an Act paffed in the ptnliament of Great Britain, intituled, "An Att 10 repeal certain pails of an \a palfcd in the lourtcenth year of his Majeliy's reign, iniiuiltd, '' Ax^ Aiit foi uiakin" more ofttdual provifion for the govcrntut-nt of the Province of Quebec, m ^'orlh America, and to make lusher provifion for the government 01 the faid Province," and by the authority of tf^e fame, That it /hall and may be lawful to and lorany perfoii intitlcd to dowicr, by any deed executed cither alone or jointly with other perfons, to releafc all her ri;. i>'je tlvirty fifth year of his Majelty'.s reign, intituled, ♦« An Ati lor the publKtegiftering of deeds, conveyances, wjUs, and other incnim. braiices, which IhaU be made, or may effect an) U,.ds,, tepeipgncs, of hcrcdita- inents wuhinthis Pro\ince." CHAP. VIIJ. An ACT to fupply the want 0/ Enrollment 0/ Deeds of Bargain and Sale. Tyf/HflREAS in certain cafes, Jands h^ve been intended to have been con- V y veyed by deed of bargain^ and lale ; and whereas luch deeds of b^^rgain and fale not having been enrolled ma coufc of record, are not valid in Jar/ ; in order therefore to prevent the injury that iwiglu hence arile to his Maielty's fub- jects in this Province, and lort he better regulating the conveyance of land iu future; Be it enacted by the King's molt excelknt Majelly, by and with the advice and cunlentof the legillative council and aflemblyoP the Provjnce of Upper Canada, connituted and adembled by virtue of, and under the amhority ot an Act palled in the parliament oi Great Britain^ intituled, « An Act to repeal certain parts of an Ac;t palled in the fourteenth year of his JVJajelly's reign, intituled, "An Act for making more cHectual provjlion for the go- terivment of the Province of Qiubtc, in Norih Amarica, and to make further provilion for the govcrimient of the faid Province," and by the authority of the iame, That wherever any Lnds have been fold, or Ihall hereafter be fold under deed of bargain and fale, and fuch deed of bargain and fale hath been, or (l)all hereafter be duly enregillered in the rcgider office of the county in which luch lands are htuatc, agreeably to the provilions of an Act palled in the thirty -"fifth year of hts Majeliy's reign, intituled, " An Act for the public rcgjllering of deeds, conveyances, wills and other incumbrances which Ihall be made, or may effect any lands, tenements, or hereditaments within this Pro- vince," the fame fhall be, And is hereby declared to be a good and valid con- veyance iu law. CHAP. IX. An ACT to enltir^e the time betrurm the i/Juing and the obe.ning of Commijfiom of AJJize and Niji Pnus, m andjor the Home DiJlnEl, 'and Jar altering the tune of holding the Sitttngijor the /aid DiJfr.iS. WHEREAS by the nineteenth claufe of a certain A61 palled in the thirty- fourth year of his Majelty's rt-ijii, intituled, "An Atl to eaablifli'a fuperior court of civil and criminal jurifditlion, and to regulate the court of appeal," all fuits and attions that arile, and are triable within the Home diltritf, are direfted to he tried within term time, or within ten days next after the end of every Ealler and Trinity term, relpedively; and whereas it is expedient to enlarge the times of iliuing and opening the refpcctive commiHions for the hearing and trying of fuch fuits and atUons, and to alter the titne of holding the fittings for the laid dillritt, Be it therefore enaded by the King's mofl: excel- lent M.ijcfty, by and with the advice and confent of the legifiativc- council and affembiy Second ParUament. C. 9.10, In the thirty ^Jcve^uk year of George the Third', A. D.. alTcmbly of the Province of Upper Canada, conaitutcd and alTcmblcd by vir- t lie of, and under ihe auihority of an Mi palfcd in the parliament ol Great Britain, intituled, « An Afct to repeal certain parts of an Acl p.ilfud ii> ihc lourteeiiih year of his Majcity's reign, intituled, " An Acl for making more tfleaual proviiion for the government of the Province of Q^iubec, in NorJi America, and to make further proviiion for the government of the Idid Pro. vince," and by the authority of the lame, That all tummiirioas of alliiie and nih prius Ihall be iflucd after the terms of Hilary and Trinity, rcfpean ely, and Ihalt be tefted on the lall day of each of thole terms ; aiui the chief jultice, or any other judge of the lard court in his abUnce, ihall, as jud -e of itifize and nitipiiU!., I Hue liis precept to tile Iheritf of the iaid dilintt, lor'lhe linnmoniiig of jurors for the trying of aH iuch iHues as may be joined in the laid court, and anleaud be triable in the liaid dillritt, as by law he is authorr/rd to do, fo that the fame may be in no inttance holden loouer than eight days from tne end of Hilary and Trinity lenns, refpeclively. CBAP. X. An ACT /or the regulation of Ferries.. WHEREAS it is nec( flary for the convenience of his Majefly's ftibjeas that ferries fhould be put under proper regulaiioii.s within this Province' Beitcnattedby the King's molt excellent Majcltv, by a..;! *»ith the auviceand' conlent of the legiflative council aiul atlcmbly of ihe Wmvince of Urper Ca- nada, conftiiuted and allembled by virtue of, and under t fie authoniv of aii Act pafied in ihe pailiament of Great Hrtlam, imiiuled, « An Ad to repeal certain parts of an Act palled m the louneenth year of his Majelly's rtign, in- tituled, "An Ad for making mojc eiiidual piovilion for the govcnmicnt of the Province of (yurbcc, in North Ameri.a, and to make further prcnihon for the government ol the faid Province," an>i by the auiliority of the fanu^ That from and after the pafhng of this Ad, it fliall and mav be lawful iorhi/Majef ty's julliees of the peace, in and for liie leveral dillricKv of this Province in their geneialquaiter iellionsalleudded, and ihcv are hereby amhonzcd'and empowered, from time to tune, 10 make and oid'ain luth rules and rcrulaiions as to them, or to the greater paa of them, mav appear neceffary and proper to be oblerved and followed at fuch ferry or femes by the perlon or per Ions at tending the lame, or having the charge ibereof; and' alio to ellablifh and allefs luch rates and fees as the perlon or perfdns attending Inch ferry or ferries fhali and may demand and receive for the paflage oi perions, cattle, caniageff or wares thereat ; a lilt or table of which rules and regulations, rates and fees fhall be fet up in lome confpicuous place at every fuch ferry or ferries for public in fpeaion; and any perfon attending, or having charge'of a ferry, who fhall be convicted before any one juflice of the peace, of demanding or receivins anv higher or greater rate or fee than fuch as fhall be fo ellablifhed, aflbffed and J lowed, or of any breach of any fuch rules and regulations fo made and or dained as aforefaid, fhall lor every fuch offence forfeit and pay the fum of twenty fhillmgs, to be recovered before any one juftice of the peace and le vied by diftrefs and fale of the offender's goods and chattels ; one half of which penalty Ihall be paid to the informer or informers, and the other half to the treafurer of the diilria wherein the fame may arife, to be applied to the niihiir ufeoi ihediuiid. " , - - CHAP, XI. 1797. t27 Promk'.*. Qujrter fefliani 10 orddlii rulu and re|uUtioni|, and toaffersthe rate). Table of regu- lations and fee* to be polled up at the ferry. Penalty for a ferryman can> viifted of a breach. Penalty how te be recovered and dilf ol'ed ef. .1 n iljt i28 C. II. In the thirly.feventh year of George the Thiri. A. I>. 1797. rirji Sejim nit HONORABLE I'Ui;* RUSSELL iS|y, and for dciraying ihe co.uingent cxpenccs thereof ;" in fo far as the fajoe did ej^tend to perfonsrctuilmg fpirunoa.s liquors, or wine^, in leCs quantities than three «al. Ions, but not keeping a lioufo of public entertainment, are expired : Wt vuur Majefly's moll dutilul and loyal lubjects, the rtprefentatives of the people of the Province of Upper Canada, i" parliamentidiemblert, do moft hjinbly be- lecch your Majeity that it may be enabled, and be it cnaded by the Kin^i's moft excellent Majdfy, by and \Mth the advice and conCent of the legiflalive coun- cil and aflembly of the Province of £///;fr CV/Wa, conftitutcd atui aflc.|.bled by virtue of, and under the authority of an AU palfed in the parliament of Great Britain^ intituled, « An ACt to, repeal certain. pa«s of an Aft ppfred in the louneenih year ,of hi. Majdly's reign, intituled, "An Ad for makins more cHcClual provrlion for.the government of the Province of Quebec, in Nortt America, and to make further provilion for the govcrinnent ot the laid Pro- v;ince," ,aiul by the authority of the fame, ThatiVom and after the hfih day of Augull m this preleiit year, and from and after the fifth day of April in every year.eni'uing, ,e\sr.y fhop-keeper^ or otiicr perfon whatloever, .who fhall iVil or vend aivy wine, brandy, rum, or other fpirituous lujuor, in lefs quantity at any one time than three gallons, fliall be polltiflcd ol a licence for thi^t pur- polo, whciher.he or |he does keep a houfe of public entertainment, or does not ; whichlicence it fhalland miiy be lawful for the governor, lieyteiwnt go- vernor, or pcifon adininillering the government, bv or through the fccrcury of the Province, or oiher pcrion or ptrfpns whom he fhaU authorize to iflue the fame, to grant upon payment of the like rates, duties and fees, as by law are .now paid by any perlon licenced to keep a houfe yf public eiitertaiiment for his or her licence fo to do : fuch rates and duties to be coilceled, paid and ap- plied inlf.ke fanner and form, and.tothe fame uCcs as by the hereinbefore re- cited Act of the parliament of this Province is directed , and if any perlon Ihall at any time aller the time or times refpectivt- ly herein. I'peciHed and limited fell or vend any wine, rum, brandy or other fpirituous liquor, in let's quantity than three gallons, not being poflclled as aloreiaid, of a licence for that pur- pofe, and fhall be thereof convicted in manner and form fel forth by a certain Act of the parliamem of this Prdviuee, intituled, " Ap Act for regulating the inannerof licencing public houles, and for the more eafy convicting of pcrfons felling fpirituous liquors without licence,'* he or flie fhall forieit and pay the fum of twenty pounds; a moiety whereof fiiail be paid to the informer, and . the either moiety fhall be paid into the hands of his Majelty's receiver general^ to and for the ufe of his Majeity, his heirs and fycceflbrs, and towards the - fupport of the go\crnmeni of this Province, to be accounted for to his Ma- jelly through the commifTioners of his Majefty's treafury for the time being, in fuch manner and form as it Ihall pleafe hi^ MajeHy to direct. ' . ' II. And 1*1 Secini Parliament. C. 4. Inthe Udrtyi-J'tventh y*ar of GeorgelheTfiint. A.D, tf^l, U4 on thf Safurday «>f the we<»k cnTulng ; and that Michaflrras ffrm fhall hfgin on the fiffl Monday of themonkU of Novrmbrr, and end on the SiiiurHiy oJ the weclk enrii- ing ; and that all commifTirns of srHa;: ami ai'4 u\\\ii da iUlie, and alio that the iittingt for the Home difliiii he held in the vacatfons between (lilary and E;fier lermi, and between Trinity and Michaelmas terms, any law or uiage to tl\e contrary nutwitlx* Warding. IV. And be it further EnalieH by the Authority aforefatd, T^iat in cafes which tfo not require fpecial bail, the ftrf) and original pruccfs ot tho idid court (hall be by writ of fumtnons, which may be in the fuUuwing FORM: Origlna^ pw^ ctfi, what, li^ UPPER CANADA. District, 7*0 Wtt : } GEORGE the Third, by the Grace of God, of Great B>^itain, France a"d Ireland, I(ing, Defender of the Faith, and fo forth :-^ 1 the Sherijf oj th* Diflriil, Greeting; WE command you that ynu fummon, A. B, tr> appear either in perfon or by his attorney be* fore us in our court of out bench, on the day oj vow next en'uin^, to anfwir the crmplffint of C. D. in a plea of fas the caje may be) according to the annexed dedaratim ; and herein Jail not at yovr peril, Wilnefs ike honcniNe E. R rhiffJulUce of our laid Province (or one of the Jufikes of our [aid court, QJ the cafe nyiy be} this thiy of in the year of our rtign. And that the plaintiff d > c.i\il'e therfclendjint to be lerved with the faid writ of fort}' mons ; and that the finn of five lliiilings, and no more, be allowrd in cods for fcrv- ing the fame, but that there be no allowance whatever for miiagra. V. And whereas dcubts have arifen with rcfpeft lo the time when judgment maybe figncd lor want of the defendant in any aftinn having duly appeared thereto. Be it therefore enaRcd by the authority aforefaid, That in all civil fuits whejc the d?fen«/ant fliall not be hotden to bdil, the oidinaiy courfc ot proceeding fhall be by feiving, or caufing thedflendiint or defendants perfonaijy to be feived with a copy of the procef^ and declar;aton by foine literate perfon, and if iuch defendant or defendants jliall nod appear at the return of the prorcfs, or within eight days after fuch return, in fuch cafe it fliall and may bj: U^\m\ for the plaintiff or pliintiffs, upon affidavit being ma,4e and filed of the peifonal fervice of fuch procefs 3114 dec laiation, which affidavit flialf be filed pralis, to enter a common appearance tor the r ef-ndint or defendants, and to proceed thetcon as if fuch defendant or defandanis had entered his, her, qr their ap* pearance. VI. And be it further Enailed by the Authority aforejaid. That wherever the defendant in sny aWion fhall, in term tume, plead any dilatory plea, in cafe fuch plea Ihall be of a matter of law, and not of faft, it fljitll and may be lawful to and for the plaintiff in the faid action to fet down fuch plea fur argument on the next day on which the (aid couit fliall fit, or on any uttier day in the term, giving two days notic na^ kolden to bail, tdv «ram»|M whe% ip ,M 1^ • B II « III lat C. 4.5. trM'i r«M, frcamUt. Penalty for rt- fu(ing obtdicncc to, or tbufing fuf erior oflitcri . Ertry fcrfon enrollCil when and how to e- Penalty for tie- Biceptien. PenaUy for withdrawing from review, Ice. Penally for fer- jeani'i reiufal •r neglett 10 ■m»lti. Strjeanti tx- enipl I'roiii ler- iriiig at coiifta- iu. In the thirty. feventh year of George the Third. A. D. 1797. Firji SeJJioK THt HONORABLE PITER RUSIELL ESQUIRE, »RE»IDENT. X^VWw^'^xl " ^'•'■'*'^ Enaatdhytht Authority aforefuid. Thit from ind »flfr the paflT. lum of one ihilling which is no«* allowed in each Ciufe In whirh he (hall be fworn at luch juiof, to be paid to liim ii> like manner as the faid futn of one Ihilling ii now CHAP. V. An ACT /or the Jurther regulation of the Militia of this Province. pOR Ihe further regulation of the militia of thii Piovinrr, Be it enafted by the Kings muft excellent M..j.-ay, b>- and with the advice and confent of the lefliflj. tive couocil and alie.nbly of the Province of Upper Canada, couftiiuled and airembled by virtue of. and under the authority of an AH palTed in ihc parlia.ncnt of Great B,i. tatn. intituled. •' An Aft to repeal certain parti of an AH palled in the fourteenth year of his M .j.-Oy s reign, intituled. " An A« for malting more effectual provifion tor the government of the Pioviiice of Cluebec. \n North Anerica. and to make further provihoii for the government ot the faid Province." and by tlie authority of the fame That every militia man who lUill relufc to obey the law ul orders ol his fuperior ottil ccr or officers, when empi lyed on raflitiiduty, or whoihall quarrel with, or infult by abulive words or oiherwife, any office!- or noncommifTiuned officer, being in the ex- ecution ol his duty, Ihall, tor every lurh ofFencc, forfeit and p;.y a lum of money not exceeding two pounds, nor le(s thin tive Ihillings cnrrent money of this Province, at thcdilcretion olthejunice oijuRiccs impoling luch fine, and according to the nature of the otrence. J I. And be it further Enabled by the Attthority ajorefaid^ That eveiy perfon who now is enrolled in any regiment, battalion, or independent company ol mili- tia, (hall, within (ix itiomhs aher the paHin^ of this ad, andevery perlon who (hall htieafter be enrolled of arty regiment, battalion,or independent company ol mi- litia, fhall, within (ix months alter Inch enrollment, provide hiinlelt with a good and lurtitient mulkct, fulil, rille, or gun with at lealt iix rounds of powder aud ball, and llfall come provided with the (ame at each aud every time when he fhall be called out either for the purpole of review, excrcife, or actual fcrvice ; and in cale any perlon Co enrolled Ihall reiuCeor neglect Co to provide himCelfi or to come {a provided as aloreiaid, he Ihall (or each offence be liable to a pe- nalty of twenty (hillings, to he levied in manner herein after mentioned. Provi- ded always, 1 hat when and io often any militia man Ihall make it appear to his captain, or ofiicer commanding the company that it has not been pollible for him to procure luch mufket, fulil, ride, or gun, it fliall and may be lawful for luch captain, ot- officer cominanding luch company, to admit of Cuch excufe, and to certify the lame in writing avcordingly, in which cafe fuch militia man Ihall not be liable to pay the laid fine of twenty fhilliiigs. III. And he it further Enabled by the Authority aforefaid^ That no perfon en- rolled in the militia fhall abfent or withdraw himlelf from any place of review or exercife without having firft obtained leave of his commanding officer lo to do, under the penalty of forty fhillings, if a commiHioned ofhcer, and ten Ihil- lings if a non commiflioned officer or private, IV. And be it further Enacted by the Authority ajorefaid^ That if any ferjeant of the militia when thereunto required by his fuperior and proper ofhcer, Ihall neglect or refufe to warn the militia men of the company to which he belongs, to appear when required by his captain or next commanding officer, he fhall, for every fuch neglect or refufal, forfeit and pay the fum of forty fhillings. V. And be it further Enabled by the Authority aforefaid. Fhat every fcrieant of the militia duly appointed, fhall be exempted from ferving as conftable for and during fuch titne as be ihall hold fuch appointment of icrjcant. VI. Stcontlf Farliament. C. 5. /n ikr thirty ftvfnUijenY(ifC«)r^t the TliirJ^ !%,.t^\ VI. And be it further F.na^ed by the Authotity npr}f«iit\ That on'tlio Oiunh. Hay of June, in tach and every yenc rdjHctivcj), 01 in cafe ii (hall l)a|j|jcii o\\ a SuDilny, ihcn on ihc next day, and ofuncr if «k*reuHio wquJK'd, ihcre Ihall be a general meeting imd review ql ibe icvcrsU baUdlions of mihtia in each and every dillrici yf this Provnice, at whiqh time the captain,, or. oUicer cuin^ mandingcach company, fhall gLvc to his colonel, or in his abfciKc,io ihe ncx| fenior officer, fair written rolU of their rclpcctive coiupaniry, which colonels, or other comjii4ndingoHicers flialL tranfmit ibc fame to the lieutenant, or depu- ty licutenani> or in his or their abUnee, to the bi:uit'iiant governor or pcribrx adjniniltetiug the guvcrnment, updct the penalty of five pounds for caghcap^ iain»oi: other officer as aforelaid, who thall neglect or r«l.ufe lout) do. Yll. And he U further Ena' tlbythe AiuhorUy alortfaid^ Thai no Trovin. cial allowance (hall be made to tue adjutant-general of^thc mUitia, any law 10 the contiary notwithniindi.ng. ViH. And beUJwthe^r l^nafted. by the Authority afore/aid, That if any per- Ton be woimded,9nd fh^^ be dilabled upon any'invahon, iuCuricction, or re- bellion, he fhall be tiikgu i^are of, aqd provided fur by ibc public, dt^riug the time of liich dilability. <■ * r thin he be abfent, to the deputy lieutenant of the county where the oflgiKC has been commitied ; and the fdid lituteBanis and deputy lieutenants, rcfpeciively, fhall, mul they arc hereby required out of the feveral fums t^f lyq, ney which they fhall ur niay receive for fines, forfeitures, or penalties, or ciber. vile, by virtue of this Atl, or of any other Ah of the Wgillaiure of thi* I'lo- yince which relates to the militia, to provide for the regiments in their relp^c- tivc counties or ridings, drums, tiles, colours, banners, ugimental books» and for the difcharge of other incidental expenses ; and in cafe any overplus of fuch monies fhall remain in the hands of any fuch lieutenant, or deputy lieu- tenant, after providing fuch articles as aforelaid. Inch luvplus (hall be difpofed of in premiums to the perfons who fhall make the beil (hot at a target or triark, upon days of training, and in fuch proportions as at a meeiing of the lieuten- ancy, or deputy lieutenancy, (hall be direfcled j and each lieutenant, or deputy lieutenant, fhall render a certified account thereof in detail, to be trat\fKiitted to the lieutenant governor, orperfon adminiUering the government, 4$, foon a.ftCt the thiny-firfl day of December, annually, as practicable, XI. Andbett/urtkn F^naaedbythe Autharity aJoufaid.THt upon preffinjj and urgent occafions, in the time of war or infurretfion» h fiiall and may be lawful lor the tieutenant Governor, or pcrlon adminifleriqg the cQverniTJCut* to inarch fuch paTt of the militia af this Province as he Oiall think proper, to \ht alhftaace of the I'rovjncQ of lower Canada, r c « Q « CHAP, VI. Cfn^r«I m<«U UtHi MfJitli. Captiint, Arc. to u'lli r^wiitii mari-h^d IP t^. »cS(i' of 'i ' . frnjUljr for ««,. f ' No j!!*wanet to rhc i'ljtn*;^!. J'tf 1!,. hnw |:r«v)U((X '01. f V »4thcIaur«o| former U\ r«. ; 5; r«»l'V ' Fi«»«, tt horn tp he reoovrmi Wid appliedk. ii i iM fccjunW*. JaltMiftt«n af be by default, no writ of enquiry Ihall ilfue to the IherifF; but the amount of the debt (hall be afcertained at the fame time, and in the fame manner as the fame would or might have been afcertained in cafe the defendant had ap- peared to the declaration, or fummons, which are hereby declared to be one and the fame, and not feveral or diltind proceedings in the faid court. VI. And be it further EnaHed by the Authority aforefaid. That the fum of two fhillings and fix pence fhall be allowed for the fervice of the faid declaration, or fummons : but that no miiage whatever be allowed for the farxie, either in the lAii diuiici €&uii, 01 iu Uie. couri of rcqueiis ; and ih^t an ailidavii of the fcr- vice May hive cog- ri^aiKC of (juel'- tioni of (iiojier- ty ill perlonal chattel, and ,1- ward inmauera of iitipafs to the amount of 15I. except tec. The jurifdifti. onDot to extend (o certain ani- ons, nor to af- fedlthejurildic- tion ot K, U, fees. No writ of en- quiry to iflue on judgment by de. lauit : amount how to be af- ceriained. '!'«•> for fcrviec iCffidavitofitT.. Suond Parliamtnt, C. 7. In the thirly-Jeventh year of George the Third. Ai D. *792N ip'5 V ee of fuch procefs may be made before any of his Majefty's jufti{!6& of the peace other than the plaintiff." himfeif, in cafe he Ihall be one of fuch jaUiccs. VII. And be it further EnaBed by the Authoriiy aforejaid. That the jullices of aflizeand niii prius, in their circuits in each and every dilkict of this Province, fhall be, and they are hereby authorized and empowered to ad as vilitors «f the faiddiftrid courts, and alio of the fcveral courts of rcquelt within the iaid dif- tridsj^ in hke manner as i& now done by his Majelly's court of King's DenoU. CHAP. VII. Jn ACT for the viore eafy Barring of Dokjcer. FOR the more eafy barring of dower ; Be it enacted by ihe King's inoffi' ex- cellent Majefty, by and with the advice and conltnt of the legifkitive couricil and allembly ot the Province of V pi.tr Canada^ coiiRituted and aflera- bled by vniiie of, and under the authority of an Act palled in the parliament of Qreat Britain, intituled, " An Act to repeal certain parts of an Act palfcd in the fourteenth year of his Nlajefly's leign, intituled, "An Ad for making more efi'edual provifion for the government of the Province 6t Quebec, in North America, and to make further piovilion lor the goveriiinent ot the faid Province," and by the authoriiy of the lame, That it /hail and may be lawful toand for any perlbn intilled to dower, by any deed executed either alone or jointly with other perlons, to releafc all her right and title to dower in the lands, tenements or hereditaments therein riientioned and deicrihed; and luth releale fliall' be as valid and eHedual to bar the perlbn executing the lame of dower in fuchiands, tenements, and hereditamems, and every pa*l'ihereof, as if a fine had been levied thereof, any law or ulage to the confrary notwijihllanding. IL Provided nevenhelejs, ih^t no luch leltafe iHcxiciited as aloreUid, fhall have any foice or effett to bar the perion io intidtd to dower, aiid cxccuung the fame, unlels luch perlbn fliall come before his Nlajedy's Chief jullice of. this ?rovince, or one of il.c jullicesof the court oi Kings bench, 01 fhall ap- pear at fome general quarter lelhons of the peace lor the diflrid, count), or place in which Ihe fhall rehcie, and fhall ha\e been examined by fiicii Chief jullice, or juftu-e, or by the c-hairman or prtfuiing mffgilliaie of fuch quarter ftlljons, A\ he. luot le^^ than three magiitiatts behcies huiilclf Ihall be pnleiit, touching hvT conlent to be barred ol dower in the premiles in the laid deta or writing mentioned; and in cale fhe fliall give hcrconleiu thereto, and it fhall appear to the laidChief Jullice, or juhice, or to the laid court, that fuch conlent is free and volimtary, and not the efiett of any coercion on the part of her hufband, or any other perlbn, it fhall and may be lawful toand for the faid Chief Juftice, or jullice, or to the laid chairman, or other prehdiiig magillrate, and ihf'v are, and each of them refpedivel\,is hereby required to certify the liime by indori-ment on the faid deed, which c^rtihcate, in the cafie of the laid court of quarter lelfi- ons, may be in the following F O R M;— -^T a general quarter fejfiomjor the diJlriB of held at in the county of on the day of perfonally appeared the -within named A. B. and being openly examined in the prefence of L. M. C. D. E. F, and G. H. (at leafl four} efcpures, his Majefl/imfiices of the peace in and /or the Jatd diJiriB, touching her conjent thereto, and did appear io this court to give the Jamc jrttiy ana vdiuniiiTiiji^ tHiiHviii hhj uAitkiQii ha ihc part of her hufband, or anv, ether perjon. s, M. Chaavian. vice htfctte whom 10 be madr'. Jiitlnei of .'.f. fit« aid I. ill pritis II) tlicil circuit ntiiy aft as vilicjrj. Preamble, Pcrfoni Mti- tlcj to dower, by deed, jointly or aloiie, may releafe their right, and iach rcleat'e to^be aa etfe^iial bar, provided fucli. pcrfoiis coine beiore, &c. and conier.i thereto, which Ihall be^ ceriitied. Form of certiLl Gcate, i m' t26 C. 7 aerk'i feei» Cfrtificate tc be eniegiliereJ. Prttmble, DeiJs of fale to lands I'oU, or to i)c fold, that have been, or Jici«jficr iliall be enregift.-red agreeably to the Ail of 35th ot CJeo. jd. de. cl.:icd valid. B-3y rnthethirty.fevtntflytnr-ofGeorgttKtThiri.. A. Di 1 79.7-. Kr/ i-^Jo^ THE HONORABLE PETEIt RUSSELL. ESQUIKE^ PRESIDENT.. And the clerk of the peace fhall he intitled to receive tjie fum of five fhil. nng.s, and no more^ for the laid certificate. III. Provided nevertheUfe, That nothmg in this Aft contained fhall be taken m bar any perlon of dower, unkfs the faid certificate (halt within fix mouZ a tcr the mabng of the ame, he duly enres.ftered according to the ZT^n^ of an ad pafled m th. thirty fifd> year of his Majedy's reign, Huituled, " An Ad or th.pubi.creg,aeringof deeds, conveyan4,^il]s,\nd otl! rIncruVn" ^:r:;itr- ;r?rov-^^^^^^ °^"^^^^«'^^^ -> ^-^'^^ ^~> ^^^-^-- CHAP. VIII. An ACT tofupply the want of Znrollment of Deeds of bargain and Sale, TTTTHEREAS in certain cafes, lands have been intended to have been con- AC ^ ''^^l y ^^^ ""* ^''P'" ^"^ ^^^^ * ^"^ ^'^^^^a^ ''"ch deeds of bargain and f^.le not having been enrolled m a court of record, are not valid in law in order therefore to prevent the injury tliat might lience arile to his Maieltv's fub- ject» m this Province and for the better regulating the conveyance af land in future; Be it enacted by the King's moll excellent Majelty, by and with the advice and conlentof the legjllative council and afieiubly of the Province of Upper Canada condituted and afferabled by virtue of, ,and under the authority ot an Act palfed m the parliament of Great Britain, intituled, " An Act to repeal certain parts ot an Act pafied in the fourteenth year of his Maieltv's reign, intuukd, " An Act for m^lcing more effectual provifion for the go- vernment ot t^ie Province of Quebec, in Norlh America, and to make further provifion lor ti*c government of the faid Province," and by the authority of the fame, ihat yherevc-r any lands have been fold, or Ihall hereafter be Ibid under deed ot bargain and fale, and Inch deed of bargain and fale hath been or fhall hereafter be duly enregillered in the regilter office of the county ui which fuch lands are fituate, agreeably to the provifions of an A^t pafied in thethn;y-hlth>earot h.s Majelty's reign, intituled, " An Act for th- public regiltering of deed.s, conveyances, wills and other incumbrances which fhall be made, or may eHect any lands, tenements, or hereditaments within ihis^ Pro vince," the lame ibaW j)e, and is hereby declared to be a good and valid con- veyance in law. CHAP. IX. An ACT to enlarge the time hetracm the t/Jking and the opening of Comviiffion^ of Ajize and Niji Prius, in and /or the Uovic Dijtria, and Jar altering the time cj holding the Sittings for the faid Dijtri^. WHEREAS by the nineteenth chtufe of a certain hOt paflcd in the thirtv- foitrth ycarot his Majeffy's reign, intituled, » An Acl to eftablifli'a fuperior court of civil and criminal jurifdiaion, and to regulate the court of appeal," all fuits and attions that arife, and are triable within the Home diftrift are direfted to be tried within term time, or within ten days next alter the end of every Eafter and Trinity term, refpedivcly ; and whereas it is expedient to enlarge the times of iduing and opening the rcfpective commifTions for the hearing and trying of fuch fuits and adions, and to alter the time of holdniff the fittings for the laid diltrid, Beit therefore enaded by the King's mofl excel, lent Majcfty, by and with the advice and confent of the legiflative counci! and uifembly. Preimb!e. Second ParUa tnt. C. 9 10* In tUthirty-fcventhyear of George the Tliird. A. D. 1797. aflembly of the Province of Upper Canada^ conltitutcd and aflemblcd by vir- tue of, and under the authority of an Ad palfed in the parliament of Great Britain, intituled, " An Act to repeal certain parts of an Ad palfed in the fourteentfe year of his Majcfty's reign, intituled, " Au Act for making more cffedual provilion lor the government of the Province of Qxiebec, in Nonh America, and to make further provilion for the government of the faid Pro- vince," and by the authority of the fame, That all commillions of aflize and nih pnus fhall be iflued after the termis of flilai'y and Trinity, lerpedively, and fball betefttd on the lafl day of each of thole terms ; and the chief julUce, or at>y other judge of the laid court in his abllnce, fhall, as jud^e of alfize and mil pnus, jHue Ivjs precept to the Ihcrilf of the faid diltritt, lor the fummoninir of jurors for the tryingof all fuch iHues as may be joined in the faid court, and ante and be triable m the fatddiftrid, as by law he is authorized to do, fo that the fame may be in no inftance holden looner than eight days from tnt- end of. Hilary and Trinity terms, rclpeclively. GHAP. X. An ACT for the regnlation of ferries. T^HEREAS it is ncceflary for the convenience of his- Majefty s fubjeas V V that k-rnes fhould be'put uiider proper regulations within this Provmee' Be It enacted by the King's mo«^ excellent Majefty, by ami with the advite and conlent of the leKiflative council ana allcmbly of the Province of irf,per Ca nada, confluuted and allemtdcd by virtue of, and under the authoruy of an Ad pafled m the parliament of Great Britain, imiiuled, « An Art to repeal certain parts of an Ad paHcd in the fourteenth year of his Majelly's rcian Jn tituled, " An Ad for makln^ more effcdual proviiion for the uoveriu.Vcnt of tie Province of Quebec, in North America, and to make iurther provilion for the government ot the l.ud Province," and by themrihonty of the fame That fiom and alter the pafhng of this Act, it fhall'and may be bwful forhjs Majcf ty's jullices of the peace, tn and for the leveral dillricts of this Provii ce in thcjr genera! quarter leHions afiemhled, and thry are her* by authorized and empo-vvered, from time to time, to make and oidain Inch rules and rejiulations- as to them, or to the grea.er part of them, may appear neceffary and proper to he oblerved and followed at fuch ferry or ferries by the perfoi. or pcrltms at tending the fame, or having the charge thereof; and' alio to eflablifh and ailefs fuch rates and lees as the perfon or perfons attending inch ferry or ferries fhall and may demand and receive for the paflage of perlons, cattk, carriages or wares thereat; a lilt or table of which rules and regulations, rates and fees' /half be fet up m foine conf picuous place at every fuch ferry or ferries for publie irr fpedion; and any perfon attending, or having charge (,f a ferry, who fhall be conv.ded before any one jufhce of the peace, of demanding or receiving anv higher or greater rate or fee than fuch as fhall be fo eflablifted, affeffed and T lowed orof any breach of any fuch rules and regutations fo made and or dained as aforefaid, fhall for every fuch offence forfeit and pay the fum of twenty ih.lhngs, to be recoverecf before any one juft.ce of the peace, and 1° vied by d.Rrefs and fale of the offender's goods and chattels ; one half of which penalty fhall be paid to the informer or informers, and the other half to he ufe^fthcdift^id:"''^' ""^'^"^ "«--».. «.ayanfc, to De applied to the public CHAP. XI. 137 ' n Quirter hSitat to orJiin ru'u and rcgulacioni,. and to aflefs the: rates. Table of regu* latioiii and fees to be potted up «' the lerrjr. Penally for a ferryman can- Tie; fund for the pay5^eat of I'he fa- Unes of the officers of the leg.flative caai.cd and houfe of afil^mbly, and for defray.ng tiie contingent expences thereof;" in lb far as the fame did extend to pcrlons retailing fpirituous liquors, or wines, in lefs quantities than three gal- Ions, biit not keeping a houle of public entertainment, areexaijed: We vSur Majefty s moil dutdul and loyal fubjed.s, t!)e reprefentativesOf the peoule of the Province of Upper Canada, in parliament aflembled, do i^iolt humbly be- feech your Majcay that u may bccnaded, and be it enatted by the Kin-'s molt ' excellent Majelly, by and w,th the advice and confem of the Icgiflative conn- vcilanda^kmblyof ihz ^vovrnct orUpper-Canada, conflitutc'd andafie.nbled by virriie of, and under the authority of an Ad palled in the parliament of Gitat Britain, m^uuled, « An Ad to^ repeat'certain -parts of an Ad pivlicd in" the 4x)iiruTnth y^ar of his Majelty's reign, intituled, '^ An Ad for makin^ mope cffcdual.provifion for the government of the Province,of Quebec, in Nortl America, and to make further provilion for the irovcrnment of Uie faid Pro viuce," and by the authpruy.of the fame, That from and after the lifth day of Auguft in this prefent year, and from and after the Hlth day ,of April in every year enluuig, every fhop-^kceper, or other perfon w^iatfoev'er, who Ihall fell or vend ar:y win^, .brandy, rum, or other fpirituous 4iquor, in Icffj quannty at any one tmic than three gallons, Ihall be poffeffed of a licence for that pur- pole, whether he or Ine does keep a houfc of public entertamment, or does not ; which licence it fhall and may be lawful for the governor, lieutenant go- verii»or, or perfon adminillering the government, bv or through the fecietary of the Province, or other perlon or pi-rlons yhom he jhall authorize to illue the ■iarne, to grant upon payment oj" the like rates, duties and fees, .qs by law are now paid by any pcrlon licenced to keep a houle of public eniertainment, for his or her licence fo to do : Inch rates and duties to be coUeded, paid and ap- plied in like manner and form, and to the lame ulb as by the herein before re- cited Act of the parliament of this Province is directed i and if any perfon fhall at any time after the time or times refpectively herein fpecified and limited, - fell or ven^ any wine, rum, brandy or v.t her fpirituous liquor, in lefs quantity ' ,(ihan three gallons, not being policlted as aforeiaid, of a licence for that pur- pofei and fhall be therqof convicted in manner and form let forth by a certain Pfn;iUy hnw to be ajijihtd. Aftfr, &c. and aiiiiiial.y, no peilon to fell Jels ih.iii three gallons without licence. Governor to giaut licence. Kates and veen this Province ahd iheiProvince of Xo»«r.Can/irovi nee refpectivcly ; and 4jf and Mnceming inyprMmr, Ts-.-ssu- -.-„- •„"_ s •_•_•.: -vu as ju pa;u u: iiny c«juai uutiCa aircauy impuicd, or hcretfter to be impofed, by the faid legiQatures refpectivcly, on any article or commodilr paging from one Province into the ©(her; and of and concerning ^ny regula- tions, provihon^, matters, and things which may regard the commctce, nanti. lactures, or produce of the faid Province. R if |:| (■' i m AftO C. t Tneir »j«»« ttient iovaiid until confirmed by (h« Lc|ifla< tur«. Pieifflbl*. Prefent praftU tionertiucorpo- ratol into a tawr foticty. The fociety (» form rules. f lace Mid time i'or the firlt ■netting for a- dofting rulci. P'efent frifli. itoners may take fine pupil. t-»3. Iii thtikirty.fevenihyeardj teorgetkt Thir3. A. D. 1797. Firjl Sejton tUi HONORABLK *»TER RUSSEtt ESftUlRi, fRESIDENf. 11. Provided always, and he it £na^edand deckred^ That no regulation, pro- vifion, matter or thing fa prop«(t?rt, treated, confuhed, or agrCCd ihsjlhave any other force or effect, or be carried any further into execution, uniii the fame ihall have been confirmed by the legiOature of this Province. CHAP. XIII. An ACT far the better regulating the Pra£lice of the Law. BE it enacted by the King's molt excelient Majefty, by and with the advice- and confcnt of tiie Legiflative Council and Afierably of the Province of £/jt^/frC(7Ha* be admitted to practife in this Province, who fhall not at the time of fuch miSttput admiflioti have attained the full age of twenty-one years. «><«• VIII. And be it/ufther Enacted by the Authority a/orefaidy That a certain or< Ordin»oM «4 din^nce of the Province of Quebec, paffed in ^he twenty-fifth year of hia Ma- ?iT'"' "*'*^ jelty,s reign, intituled, "An Ordinance concerning advocates, attornie*, fo- licitors and notaries, and for the more eafy collection of his Majefly's reve- nues," as far as it may relate to barrifters, advocates, atiortties or foUcitors, be, and the faaie is hereby repealed. CHAP. XIV. An ACT to obviate the ObjeHions t/iat might arifejrom a CUmcal Error infomt 0/ his Majejiys letters Patent oj Grant lately ijued. WHEREAS it appears that a clerical error hath crept into a few of the deeds given by our Sovereign Lord the King to fome of his fubjefcU, by the infertion of the word « clergyman" inltead of the word « clergy" in that part of the letters patent that referves a proportion of one feventh of the crown lands* for the lands in each of the deeds granted, wWch error might lead to confequences that it is neceffary to obviate j Be it therefore enacted by the King's moft excellent Majefty, by and with the advice and confent of the leuiflative council and a(?i>mb)v <^f *^- Prnuin<>A «« 5rrVa:«, intitukd " WAir !^ rcpcai ceru.a cart, of an Act palled m the fourteen by ear of. ft« Vi^JL'T »fn^ ? ^ ^ '^''•"** ""^ ^"^^'^ ^" ^"'-'^ ^'/i^nca, arul ■ to m^e further be in. weidine, ihat wherever the word " clercvman" fha'l o. m.^ .. •"»»*/ w .0 w one of hi. Majeliy, letters patent, :he uJ^^^, b et^/taTc.W.L'eT uch a quant.ty ol the lands of the crown a. (hall and mav a.nounf a. and'be in die p. (.portion ot one to (even of the lauds in any fuch deed gra, teTac! - cording to the formand cffea of an Ml palled in the parliamerUof (^^^^^^^^ ja,« .n the th.rty firll yc^r of his Maj,-lty,'s reign,. inlituleX « An aIwo re' peal certain pans of an A6i pafJed in (iie fuurteemh vear of \L Vt^.^a • :?r^i:r L%'o7eZ?en ofttVaid f '^^' ^-.-c« and to .nake furthe^ pro^uion f^ the governnieni ot the laid Provnu;e, »,id ilwt ev^ry fueh deed fhall be to all .ments and purpolea a:..val,d and effeaual in fecuring to the fuW he land thereby granted, and to hi^Majdly aM the rights, condition., rekTva iom! li mitations and rellnctjons, and to the laid clergy the rights aforela d, as7f no Inch clerical error had crept, nto it, but as if fuch deed had beeVp?rfbaed"n ^Th f l''''^^'.^r^''■'''^'■" ^'S^^*^*" ^'^^^Cl'^rch are intended "o'^be fee tired »nftead of the word. « clergyman" vherever it oc*:ur., any Aih O-rdh anceo; Xaw to 'the contrary m any wife notwithftanding. v^ramante or . Xr^rr, , : CHAP. XV. fill '7!^^i«"^' ^^' mitted crimes in lome of his Ma eftyV provinces and governmfntsTa. J\rorM^;«»m^^mayelcape into this province, and their offences theX ^^ main u.ip-mWheH for want of proviljon by few for apprehending fuch offenders- in this province, and tranfin.tt.ng thetn into th province in whi?hiheir offences were coman.tted.: for remedy theieof, Be it therefore enaded by the King's moft excellent Majefty,by and with the adviceand confem of the legiflative council anA affembly o the Province of Upper Canada, conllkuted a,^ aSbled b JS^ tue of, and under the authority of an Aft paffed in the parliament of Great Mntam, intkuJcd, « An^ Aa ta repeal certain parts of an Afct paffed in- the fourteenth year of his Majefty':. reign, intituled, « An Aft for iliaking raore effedual provifion for the government of the Province of Quebec, \n North America, and to make further provifion- for the government of the faid Pro ..rr.!;'t V"'^V and by the authority of thefame, That IvL-and after the paffing of thl' w.j**, , ..her Act» tf any perfon or perfons againft whom a warrant Ihall be iffucd by the chief 'V!t Juaice of the King's Bench, or any other magiftrate having competent authori- ty many ol his Majefty s ptovinces or governments in North America, refpeer- OVely, tor any felony or other crime of a high nature, IhaW efcape, come into. rtHukf or be »a any part of this Province, it fhall and may be lawful for anvSuf! •vvuiivj., wuy Ml yiiSQ wiiat iuco peifon or per- ioot Preamble. hix thcr governnie.its in North Am..'ri(» againll fcloiij (i'capin; there. from may be «Tecutcd withio •his province,. Bcir.g Uitij (o. Mvv— ■««.»:> -f-.^ ^. Ill SH name «m i (iwrfc'li fie fairf war- r^int (duQ prooi being hrit road^of (hc.hitiid wr|iiMg of thf ^ia^i^«^«tt^^iiitig tb fanpie) /hid I'u iDdurCcd fh^ll he ^ lititicicikt aui)iurft)({U)jall|p/^rl( viurruiu warraiK was onginaily diriUled^ aud alio to all:gulll^b^;i>./4^ the' di(trk|,xuuiHyyCity, uf place where iucbva^rfaoi lUall be fo ii)doFl«d, t9,exe- buie the i'cune, by apprehending th« perfon ur pcrlt)ii.s agaiiillwhura luch wj^rrant L< granted, and to convey: him, her ur them iiuo the province i'ronv which luch warrant uriginaUy was ilfued, to be dealt with,according.to law. ' ' II. Provided neoertheU/syand be it furthtr Enatlcd by tkt Authority afort^aii^ That before any fuch warrant (hall be fo indorlcd •«; aforelaid, ihe perfon ap-- plying (or Inch indorlement Ihall e-ntcrinto a recognizance \vith Cudicient i'ure- lies for a fum not lefs than fii'ty pounds IcmwCuI money oi this Province, to in- demnify this Province, and every part ihereoi', againll wjy expvnce that may a- tife or accrue irom the apprchenlion of i'uch oifciKicT,aml alio to bring, or caufe the faid offender to he brought to trial ; and the magil-lrate to whom (uch ap- plicatioiv. ihali be made is hereby audioriied to take luch recognizance. envip. XVI. JLn ACT /or making temporary provifio>x for the Regulation of Trade hetvittw this Province andthe Unite 'tatei of America by land or by inland- rMV'gattOTti HERE, AS it may be celfary for the complete operation of the treaty of amity, commerce ai>u navigation, concluded between his Majeiiy and the United States of America^ and ligned at London, in the y«af of our Lord one thoufand feven hundr repeal I'ttcb Ads or Ordinances as might be conllrued to impede the free intercourfe between his Majefty's fubjeBs and the citi/ens of the United States^ (tipulaied-by tlw faid treaty, Be it enacted by the King!s moltexcellent Majedy, by and with the advice and confent of the legiflative counciland allembly of tb^ Province of i7/'/'er6'andt/a,conftitutedand-^ aHembled by virtue of, and under'the authority of an Aet pafled in the parliament of Great By itain^ intituled, " An Act to repeal certain parts of an Act paffed in the fourteenth year of bis- Majefty's reign, intituled, " Ai> Ad for making more effectual provilion for the government of the Province of Quebea^ in North America, and to make further prov i lion foi the government of the faid Province," ana by the authority of the fame. That from and after the palling of tbisAfct, it Ihall and may be lawful for the governor, Lieutenant Gpvernor, or perfon adminiftering the government' of this Province, by and with the advice and confent of his Majelty.'s Kxec-utive Council, by order, or orders, to be from time to time ilTued and publilbed ta fufpend the operation o( the whole, or any part or parts of any afct, or atls, or ordinance, or ordinances that may impede,, or may be conftrucd to impede the free intercourfe ftipulated by the (aid tr«aiy between his Majefty's fubjefcls, and the citizens of the United Stafes. IL And'bc it Jurther Enalied by the Authority afore/aidt Thax^h A.ft)Qiall «ontinue,.and be in force two years a«d no longer; CHA-P. XVU: ./""..' ;.' . 'V An ACT for the better DiviJionoJ the Qounty of Prince Edt»ar4 int^Touin/htps. WHEREAS the inhabitants of the town(hipi of Marjt/burg .amii'So^ phiafburg, in the county of Prince Ed-ward,- eJfperieHce many^difficul:. ties from the uncommon length of the faid townfhipsy Be i^ enaQ«d by the King's moft excellent Majefty, by and with the adtite and cortfent of the IcgtOative couucii and alicmbly of the Province of Up^tr Canada, cpn^ 4f Security htntf frovinetagiinft •n7U|>th« United State* of America cfta- bliflttd by th« tfeaty of t7}4«. .1 »,- ■ w frctqtUci^ m m IM i\ f,' II (I in Et. Ir I ^Wl ' !'< ' r The rnuthrrn* molt parit el' Maryftiuig and Sophialburg to b* fiirmed into k dillinft towii- lblj>. 134 C. 17. /«!«« thirty. feventkyMT tf Gfrgttht Third. A. D. tJJ/.'l KrJ^ S^ftn THB UONOKABI.E PETSR RVSSILt CSf^UIKI, tRBSIOtNT. § St<9lUi^tdriinmtHi, ftitnted and alTemblcd by virtue of, and under the authority of an Aft* paH'ed in the parliciiuciit of Great Britainy intituled, <^ Au A£k tu repeal certain parts of an Afct paffcd in the fourteenth year of his MajcUy* rciga, in- tituJed, " An A€t for makini^ more efletluaJ provilion for the |;ovcri>aK'nt of the Province of {^ue^c, in North America^ and to make further provilion for the government of the.fiyd Province," and by theautJioiity of thefajme, That a townfhip fhall be ftruckoff from the fouthernmoit parts ot ihe townlbips of Mary/liurg and Sophia/bitrg^y in form following;— To commence in Maryjburg in the limit between the ,lots .numbers eleven aad twelve, fouth fide of the Bay of Quinly, to the eaftward of a fmall bay which leads to the carryin^^place, to the EaJtLake : then along the faid limit, fouth ten degrees well, the depth of three conceirions, more or lefs, until it interfeds the ,limit between Jots num- bers twelve and thirteen in the fecond concelhon, north of Black-River ; and then along the limit between the faid lots numbers tweJye and thirteen, fouth thirty-two degrees eaft, to the rear of the firft conjceHion from Black-River ; then fouth fifty eight degrees welt along the line between the hrlt and fecond conceflTioHs, paHing lot number thirty-two to a fmall creek which empties iifelf into the Eajl-Lake ; then fouth thirty-two degrees eall to Lake Ontario ; then welledy along the (liore pf «J»e faid lake to the mouth of the Weji-Laicj thence by the nearelt line to the limit between lot number one in Amtltajburg^ and lot number one in Sophiajhurg ; then north twenty degree* well, the depth qf two concellion*; then north feventy degrees ealt to the north eali angle, of lot number fixteen in the fecond concelfion, nearly; then north Hhy-eighi and one lia,lf degrees eaft to the north-ead angle of a lot numbered thirty -aine, in the thixd concelfion ; then foyih thirty-one and one half degrees eaft to the rear of the Iccond concelhon ; xhen a fmall diftance by the moft dire6l line to the j\ortheinmoft auj^le of lot nuinber ten in the feco«d conceflion ; then along the limit betwce*! the lots numbers ten and eleven fouth fixty-one degrees eaft to the fmall bay firft mentioned, then following the (bores of the faid bay and the Bay of Quinty^ according to its different *vindings and couries, to the place of beginning, whi.ch town(hip (hall be under the fame regulations and entitled to the fame privilegesas any other townftjip in ihh Province. II. And be it further Enacted by tJu Authority aforefaid, That it fhall and may he lawful for the lieutenant governor, or perlon admirjiftering the govern- ment x)i' this Province, on or before theiirft day of Auguft next, by a procla- mation, to declare the name of fuch townlhip. III. Provided alwavs^ and it is hereby further EnaSledy Th&t fuch alteration of the faid .towiilhips Ihall not imp.ea^ch, or be conftruedto impeach the legality of any exifting commillion granted for the excricilc of any authority or jurif- diclion within the faid townihips, or any of them, or to make void or otherwife aft'e£l any grant of land, or other legal proceeding \yithin the limits of the i^id .to^nfhips, any law or ufagc tp the pontrafy ooiwithilanding. Bounllary 'linei thereon'. Regu1atu;ni & privileges. By who^p -«;fiMJM/e)'(Jwr^*«A« Third. A.t). 1798. 135 T H ^ STATUTES OF HIS MAJESTY'S PROVINCE OF Upper Canada. ' 0000000 cr — ■ Pafled in the Second SelTion of the Second^ J^rovincial Parliament of Upper Canada^ met at York on Tuefday thqf fifth day of June, in ihe Thirty eighth year of the Reign of our Sovereign i]Lord Qeorcc liie Third, and PrprO' gued on the fifth day of July following, i m Mi CHAP. r. An ACT to afcertain and ejlablijli on a permanent footing, the Boundary Lines of the dijferent lownfiips 0/ this Province. WHEREAS iti» expedient and neceflary,.tO'afcenain and eftablilh upon fome permanent principle, the boundary lines o( the ditterenttownfhips ■within this Province, and diUintlly to prelbrve them when fo afcertained and eftablifhcd, Be if enatted by the King's moft excellent Majefty, by and with the advice andconfent of the legiilative council and afienibly of the Province of Upptr Canada^ conitituted and afl'embled by virtue of, and under the au- thority of an Afct pafl'ed in the parliament of Great Britain, intituled, **• An- Aft to repeal certain parts of an Ad palfed in the fourteenth year of his Ma- jelly's reign, intituled, •* An Aft for making more effeaualprovifton for the government of the Province of Q^uebec, in North America, and to make farther provifion for the government of the faid Province," and by the authority of the fame. That ftone monuments, or monuments of other durable materials, fiial) be placed at the feveral corners, governing points, or ofF-fetsof every townfhip that hath been furveyed, or may hereafter be furveyed ; and alfo, at each end of tlw feveral concefison lines of fuch townlhips. And that lines from the monuments foere^ledrorlo beereflied, be taken and confidered as the per- manent boundary lines of fuchtownftiips and conceffions refpcftively. .11, Attd be it further Enalitdby (he Authority a/orejaid. That the monuments alcove direfted to be placed as aforementioned, {hall be placed under the infpec- tiqn and order of the furveyor general of this Province III AnAJlf-tt fu^rtL^.^ r^y^ft^J t.> lic«ti«n 10 be inide Jo the juiUto. delfjy Enperc'liow 'Cli.' Provifion with rorpcct lo |Hr- I'uiWkliabli:, who jrc not rctiilcnc inHlic tuwii- "{hin. THE IIONOKABLl PEfEH KUJiSELL ISQUIIIX, PRISIPENT. ami (liftancesof (he f«id boundary linet fo .fcertajr.^ „h eftablifW* IhaW b- ail <.ccal.om be, and be taken ly ]>c. U^>-? fcourfen and dillanccs of the bou«: daryIincM)fil-..i-»f,Vhuiipsand conccilion.s, whether the fame do, or do ;"•*, on actual meafurcment, coincide with the courfes and diftaaccs in any letters patent oj grant, or oihfr.anltrumeni 111 relpott ol.fu«b boundary line* ujontionod a.td exprcllod. ' *' * ' IV. And he it further Enailed by the Authority a^r^/airf,' Thatif any porfon or perfaiiji iliall knowingly and wilUuUy pyU ^iown, deface, aher, or removc,^iy , Ivch monument lo ercfcled as afor^faid, hc,.(h?,, or ,ih^y,. (hall be adjudged RUiliy ot felony, and (hall rviJfVrdcath.wuliout benefit, of. ckrgy. J o o /. V. And be itjuriher £naHed by. the AiUhortiy «/y/ii J, -That it fhi^ll not be ' iieccUary tpribc (uryeyor generai la proceed to carry .tt>e provjfions of thisatk * ,ii\to. execMlion, umil an appli<;i«iv>n fo^ that purpofe Ihall have been made to the gQVt.7por. lieutenivit gpv«r;ior, or pertun^a^uiinflering ilie jjovernmcnt, l?y ^be nugiftratesxjf 4ny dillri^t 9r county, po^ being part oU duiria, in quartet; fcj". bons allemUlecl, hgnily mg .that the p.re/:Ung of Jyjch mcuiuincnts, and afce/i^^o- ,luch bound:;,,v^ d., afoiifaid, , is nt:ce(rafy^.and cxpcd^V'"^fc;» looie par^iqul^r ..townfbip or townlhips, within. (uch./liftricl or. county. WI. And be it^urthtr EriaEled by t}m Auihorityafore/oid^ Tbat.when, ,andii> ' often, as appbcjincn (hall .be.piade, 10 the j*i((ic*s of tl)e.p4;acc,in» andfp^ai^y ..^iltritt, in qi^arter , fclU(V]s adembl^d, by. t,l\irty.; freeholders of any townflilp .within, fuch dilhid, to have monuments eretlejl conCorpiibly to the inteution ol..^his.ad, it fl^aJI aiul may be lawful for the (iiid juftjces, ajid ijipy are hereW authorized and requJAC;d t^) (orm ancllii'uateof the (un^pf money which, in .^hpir juMgment and dilcrction, (haii/p^ir^recniilite to ^efray the charges of eret;ting luch monument, and to lay an equal aircfljnc.nt (propprtiQnable thereto) up.ou each and every acre of land within Inch t'owHlhip j which.a^fcdinent they fhaU , <;a«,t,(e t.o be rolled and colletled by a warrant under .the l)"aiids,and (cals of ^tiy awb or^niojeiuf^it^i^, direfcted to thccolletlorsof luch t,o\y,nniip, ,and requiring •thern to ratfc *ind collect -the. jjiid alkfiment, in (iich manner and by Cuch means as in othei- fiich cales by law (Urccied and required, and to pay the fame whfn io collected, into the hands of the 'treai\iKpr ol the diftritl, lo anfw€r..,t|ie charges to be incurred by erecting fuch monuments.' VII.^;i!^^hin one year, (roth and after the date of the warrant for poUectintf the Came, tie 4and of Cuch abfentee (hall be held liableyiod . anfwcrahle for jtjie ' payment of Cuch rate, with the lawful imere4l ariiing thereon ; and when the lame (hall amount to tw^Hty ^ihillings ; or upwards, upon f ach lot q{ 009- lt\«n- di-ed acres of land, and (o in proportioii, for any nupnber of acrei?, tmore or, lefs, it (liall and may be lawful for the treafiirer of the ,Ut(^ri^t in .which fvwh lands Jjtbull lie and be (ituate,and he is hereby required to give notice of the fame SorftK mbu{h)i in the U/}per Canada Gazette, and if after the expiration of that ti.qies» .the (ame j(ljipU not be paid, it (hall and may be lawful for him to fe^l fo .nuicli , thereof, after puDiicly advertifing the fame, as may be ncceffary io fttijfy the 'faid arrears, ' aiid tfie neceiliry expences incurred by the prtKeediues, and«« re« it relates to npiaries, repealed. ■''' CHAP. lU. ^n ACT to repeal fart y »» AB fajtd in tht thirty [(venkk year of tht t^ignjof fiisMajeJly^ mUluied, « An Alt to exUudlhe JurffdiUton and rt£ulaU the jproi teedings of the Dijirta Court and Court ({/ Requejli^' and to meltjurthtr pro. yiM!^Jor (kt/atne. * * Tl E it enacted by th«5 Kings's moft cxoellent Majefty, by and with the advice X^ and confent of the legiflative council and afltmbly of tbe Province of tocr Canada^ conftituted and aifewbled by virtue of, and under the authority of an Act pafled in the parliament of Great Britain^ intituled, « An Act to re' peal certain parts of an Act paflcd in the fourteenth vear of bis Majefty's icign, iniitKled, "An Act for making more effectual provilion for the government of the Province of Quebec^ in North America^ and to make further provifion far the government of the laid Province," and by the authority oS the fame, That |b much o( an Act palfed in the thiriy-feventh year of the reign of his Majefty, intituled, « An Act to extend the jurifdiction and regulate the proceedings of the dillrict court, and court of requefts," as enacts, that no milage he allowed for the fervice of the declaration or fumwons in the 4iUrict court, or court of requefts, be repealed. And he ttjurthtr KnaHed h the Authority afyrt/aid^ Thu it (hall and way b? lawful to and for the clerk of the (aid diftrici court, to demand and receive th^ lunnof two IhiUingiandfix'^encc, for each fubpflpna, aodtheAiSLof fivefttU* lings for each writ of exeeuuon. "'•"'■ ■ . ' , . ■•^fc» '.-■•.■■•■> ■.- \ ' ■' , 'V: ,'/ m* '*■..■ '' . . » . ^ • . ■ WTvinjprfltff, •vit of mm h«K 1 !t.. i tht « .It ;5>ir^>- fs THE KONOR^RLE PET^ »ViSE.J-;L' E&(J«rR?i^ I'ftEWMNT. , t fk ♦«%«*. Jyiit -vatb i>eer> f(>mMl,,ej|^edieM to extend tbe pjfovifians of « certpm i\,tl,p^ned,inj|ie a>my,tlikd yearofhis Miyefty's^eigB, intiiql- f^ " An A<:ltp (jpnfirru apdjnsijke v.alid.cefikin nwrriagss heretofore contra^- ed in the country^ now,com|irize4i^j»[i^|)ip the Province. of U^er Canada^ and to provide for the fviturc fqlemi»us^^n«j( marriage witliin the' fame," Beit tliere- , fdre enaaed by the King's pncfl; exjC^yeftt Ma^efly, by ^id with the advice and .xmifcpt pi the I^egiflatn'tv.gpuncil' ii;d Aflembly pf the Prownce of f^/^r- Ca- «a?/fl, tfonftituted and aiieujbfcd,byl^»rtueoCand.uncier'the ajJthority ^f.fln Aft pailedinthciPJtfUApjeutof Gr;^(it.0*mi{if^nthu\ed '* An Att to repeal certain parts of an AtLpdHed in the fontteeoth .j'eai' of bis Majelly's reign, mtituled, >*' An Aa fpr making nw)ret^Jeaual proyifionnfor tbe.g»vernment of.the Pro- fvmce of 0«f*« in Nottli 4^^ma,M to wiake furth«r proviljonfonhe cor weriimcnt of tbefaid Provin'cerat^il %.the,auth6rity of the fame. That from and after the paffing of ibis- Aa,n,n^all and may be .lawful to,, a for the mi. niftcr or clergyman of any congregatioii or religious community . -of perfons,proj feffing to he fne«*iKrr«,of the Cjiarchof Scotrand, or Lptherans, or Calviqiftsi who^halt be authorised in planner hereipffterdireaed, to celebrate the ceremo- ny (if jnatrimony, according to the rites of.fuch churdi or religiou^cammunity, between any two perfons, neithqr.of whom arennderany .legal difquaiificatioa to contract matriinony, and one of whom. UiaHrbave been a^nientberof fuch con- ^regatiou. or religious community, at leaft.fix monthsbefore tiie faid marrjac^e, any law or u<'age to the contrary noiwithftanding. ° ■II. Provided navertheUfs., and .be it EnaHed by the. authority afore faid, ThiA np perfon Uiall be taken, or dw:pied tp be a giiiiitter or clergymnn of any fuch totigre^'ation or.roligious community, within the intent and meaning of this Act, who fhall not bave been regularly ordained, conftituted, or appointed, accord- ing to the rites aftd forftis of fuch congregation or -religious community, and unlefshc fliall have appeared, or come before the juft ices of the peace aflem* bled in qiuuter feUions, injhe diftrict in which he (hall refide, when not lefs thai* iix niagiltrates bfhdes the chairman, fhall be prefent, and (hall have then with him at lealt fcven refpectable perfons, members of the congregation or religi- ons comiwinity to which he beloiigs, who (hall declare him to be their miniller or cleigyman ; and un lefs he (hall produce proofs of his ordination, conflitution, or appoinlment to that office, and unlafs.he ihaU then and there take the Oath of Allegi- ancetohuMajefty; when, if.it ,qiaJl appear to the majoritv of t'.jeiuftjcci then ore. icnl, expfUieut and proper, they are hereby authorized" to grant him a certitiv.atc up, *'f.*f'*'^"''^/,^l^'^^""^»'a"<*fignedby th^Chaimianand Cleric of the Peace, (for which tbefaid Cleik of the Peace fhall be entitled to deoiaad and receive the fum oi five t m fi^onij^mmtn^^e^ i- ' ^ tft'^Mrty^erfMyt^t^Qe^rgwiint.'TKir'iiM:.. D.kf^ »vcfl»illmrsJjrc*Wifyiijghim to bethe fettled minifJeror clergyms^^ ..* fn-li ronereaa- «„°''Jl.v'£i""* '^om-'nunity ; which. cerfigcate (ball be in the following Mm :-- . E*! IT REMEMBERED, thai n the General Qaattrr Seffiout, of the Peace, holder, « the Town of in theCounty of in arrd'forthe D^ftria, ori the day oP in the year of our Lord,. before A. B., ('and fixioi^enVEr. qpire, ant^oiher*. Juflices of oui Sovereign Low! the I^ipg, affignec^ to keep the- Reace ?n the faidl3tfln6l, Sic. cameC. D. of together with E. F. of (and fix others, whole narne* and defcriptions mufl be inlerted) meinbera of a (ConpffBaMon) or(Commanitv}of at fti the Cotfnty of in 'Rr fSid Diftr¥J. And J r 1*. /» ^** '''»nP'<«ly'«'»a«nine'l. fatJsffeJ the Courf that the feid C'. D; i» B^e fettted (Mlnil^cr) or (Clergyman) (of the faid Congregation)' or (CAmrtiuTiiryjan*'^ waasegutarly ordained, confTituted, and appointed- thcteio. G H. Chaiimah/' J. K. Clerk of the Peace. i!;.Ml. Provided npwrMWf/jj That no fljch certificate fln'f be Rfven by theftid CoiiVf *f , Quarter Seflions asaforefaid, un>lef» the perlon applying for the fatrte fliall hav* given notice in writing, to the Clerk of the Peace, at; or befofe the Csneral Quafter' Scflioni itwmediateiy preceding th^t on which- he lh»ll apply f,r fuch fertifi>-ate ' «hfeb mJticeir^ writing, the- faid Clerlt* of< fbe Peace fljall read it« operr Curt', and (hall ilfo fix up in ftyme confpicuouspait of bis office, vrtthin eight days after the l^me fiiall have been fo read : for which I'ervice be, the faid Cletk of the Peace, ftwH be eD«- iif led tb dfinartd and receive the fum of fivtp {WJlings and no mxtre. IV. Provided alfoi and be it furtiier EnaQed by the Aitihriiy afbrif^id; That nT> fuch mi- nifler orclerTgynian-iball, at aoy tinrtr, celebrate thfccerenrory of Mitrimony between iny two per(on« as abovedefcribed, unkfs be ihall on three (everal Sundays before he fl>aJKcelebrate the ford cerethx)ny, openly, and witb a' load voice in the church cha- pel, tneeting houfe, or other place of" worthip of fuch co.jgtegztion or relfgious'conr- inunity, eith'CTin fotneintermediiite part of the fervice, of immediate!" beforeit bci g^insj or immediately after it is ended; declare bis inteivtron fo to do ; and (half at each tune ofmaking fuch declaration, alio fleclara-rh* number of times for whicH he fliall have made fuch declaration refpcAively ,-'or unlef* fuch mtnifter or clergyman, fliall' haw been duly aotborired by licence, under the handand feal of the Gbvttnor, Lieu- tenant Governor, or peifon adminirtering the governmenf of tlve Province, to^rele-^ brate the faid ceremony between the two perfons therein named.- V. And-heit jurthsr EnaHed by theAtahorily-a^bF!?faid,T-h3t it fhair~and maybe lawfiiK ioi and forthe parties thus marrivd, oreither of tbem, to demmd of the faid minifter, orclergyman, and he is hereby aatborizcd'and required to give th« famra certificate of fuf.h marriage, which may be in* the following form, vz\— WHEREAS A. ft. of and C. Di of were defirous of'fntcrmarfying with" each other, and have applied to me for tbaf purpofe, their intention fo fo do having been regularly proclaimed on thtee ftireral Sandavs» as'is direWed. or having prefenti edaHcence, (Ss the cale may be,) Now thsfe arc to certify, that I- E. F. minifter of the community of at have this- day married the faid Ai B. and C. D. to- gether, and they are become legally cont rafted to each other. As-witnefsmy handai; this* day of in the year of our Lord ki'prefence of ' G, H. J'. K, . Which certificate fliair, and may be regifTered by the Clerk of the Piace, in Hfce man* irBP 3» is directed in the aftirelaid A«, palled in the thirty-third year of his Majdty's feign, intituled, " An Aft to confirm and make valid certain marriages heretofore contrafted in the country now comprized within the Province of Upptr Canot/tf, andto provide for the future folemnization of marriage within-ihe fame." VI. And be itjurihtr EnaSed by the Authority- aforefaid. That all, marriages wKich mav fiave been celebrated fmce the paffing of the faid Aft of the thirty-third yeat'of his Majefty s reign, by any perfon^who (hall obtaia ftich certificate as aforefaid, between any two perfons, either of whom now is, or thetjwas, a member of any of the faid cwtigrcgatiuiiscrcymmiMiitiEi sbovvuiincti, UHiil 'bc dccmcd good' aii cate. Form. thercoA, Certificate^ be ragHtered; All marriagti- celebrated fince ttie pafling,}34 Geo. Jd, by fuch perfon u, Ac. valid. .^ti m f*'. WW -'m 14^ C^ 4» /*» th^.^wtjt^gmjmof GeMfgt.ii^niii. tM^ 4!f/ An Aa to repeal certain parts of an Aft paffed in the fourteenth year of hist Majef- t^i reiflo. intituled. " An Aa lot making more effeaual provifion for the ejvmi. ra«nt of thcProvj^nce of dutbtc, in North America, and to make further provifion fb»- the government of the (aid Province." and by the authority of the fame. That the t0^nlbit» of Uncq^n, Charhlttnburg and Ken^^^ with the traft of laoct claimed by the St. Regis hdianj, and fuch of the iflands in the River Saint Lawrence a»- arcMfhoily. or in greater part oppofue thereto, (hall conftitute and. form the county> n. AndbeitSurtherEnaaedhythe Authority aforefaid, That the towhihips of Corn- wall, OJnaburg, fincA-and Roxburg, together with fuch of the iflands in {he River Saint Latfrrncf as are wholly, or in greater part oppofite thereto, (hall conOitute and fornix toe county of Stormont. _ 111. And be it further Enaaed by the Authority aforefaid. That the townfhjps of W^i/^ Uani/burg, Matilda, Mountatn, and mnchefter, with fuch ol the iflands in the Wr Saint L r ir » V. And be it further Enaaed by the Authority Aforefaid, That the townlhips of Clareneti Cumberland, GlouceJIer, Ofgovde, Ruffell, and Cambridge, with fuch ol the iflands in the River Ottawa as are wholly, or in greater part oppofite thereto, fliall conftitute and lorn the county of Rajjelt. VI. And be it further Enaaed by the Authority aforefaid. That the counties of Glengdrft Stormont, Dundas, Prefcott, and Rupll, do conftitute and form the Eajlem Diflria!^ Ml. And be It further Enaaed by the Authority aforefaid. That the townfhips ol Ed- xmrdjtxurg, Augufia, Wolford, Oxjord on the Rideau, Marlborough, Montague, and Gower, CiWed North »nti South Gower, together with fuch of the iflands in the R»v*r5afn/ LaW' reuce as are wholly, or in greater part oppolite thereto, (hall conftitute and form the county of Grenvtlle. VIII. Andbe it further Enaaedby the Authority aforefaid. That the townftiips of EUza- heth-Town, ITonge, fmcludina what was formerly called EJcot) Lanfdown, Leeds, CroJbyL Bajhrd, Burgefs, Elm/ley, and Kitley, together with (uch of the iflands in the iifi/er 5«inr Lawrence as are wholly, or ia greater part oppofite thereto, do conftitute and fotm th« county of Leeds., IXi .4iid b«.il further Enaatd by the Authority aforefaid, That the townfliips of Nepean^ with the traa ol land to be hereafter laid out into townlhips, between Nepean and a line drawn north fiitteea degrees weft from the north weft angle ol the townlliip of VroJ>y, until it interleas the Ottawa River, with (uch of the iflands in the (aid river as are wholly, otJa^reaier part oppofite thereto, (hall conftitute and formUht county •r CorielM. ' X. Mdbthfuntket EnaRtd by ihe Authority aforefnidt That the couAtie%of GrenviHt, Uedsy »nd Carltton, do conftitute and form thediftrift of Johnflotm. Xf. AadiU it fuifthw EnaSfd^^thi. Authority, fiforefaidt That Howe JJand, and (o much ftf the pfcicoi couiiiy oi QuiaiiQ di is wholly, or in gxeatei pari opSMt^Mi ttt the towt^ m^QL fittest be pait of the f- id towoOtlp of Piit^rg^ Gi«Bfiry» County of Stomoat. rVufftyerDbn dii. C'MrtyofPref. cott. County of Ruf. I'eJJ. Eaftern Dif- tria. County of CfMviUci County of L«cdi. CwUtea. * Diftrift lof Johnftawa •« — .-A* » z /atw^^WM-•^^!1^.^7%# i^? .All. AM! he tt further Enaaed by the Authority afotefaiJ, Tha^ Wolfe llland and Gage Tqwi^ip, at Iftimd^ and. fo much of the fjiid county of 0»»ta?ip!af iftA*)V)lly, ,o^ i^i g|r(S»»M't?3.f;r(*0r Wol^HUn^^^ PqC^c to iltie towartiJp o^ Hfing'^brt, do conftitute and form. Uie, j(o«, «^ Wolfe "* Km, 4^$eitfurihrm(iaedfyth'e Authriif aforrfald', TKat the re^uev o^' iWfiW . j! "'^t^ 3^'^ JHn«y of C^tariodo conAitute and form the townihip of .Amh(?rft Ift^ndi- ., .,,.;„ AW».'»ifl,„<». \\V. And be a further Enaafd-bY^tne /{utfysrityrafvrf find, That th^ to^vnfbipt- of" KiUf^, -- „, ., burg, Kingftoq, Loug^^l^roug)), Portland, , [linchfnbroke, Bedlord, a«d W«*fi^, f^ntZc. ^i?y do'Cfljnftiiuit and f6|rra thecouq^Vjof Fr-outenac. ,, », ,^ t, ., ^ ^ XV. Afidhe it further Emiiffd htfie Auihp,rUy aforefaid. That the ^jiwniVlps.op Erp«l| ' ?ncorpornfe4 Town, Frederickfburg, Adolphuflown, Richiuoiid,- Camden (^iftinRuilhtjd by |)rin« *^°""'^'"o'Ce- callW Camden E^irt), Amherft l^and,, and S.heifeld -" n:^:.-— ■ r - ... . • " cour . , . , , .. ,j^ do conliiriiic and firtinbn m- corporatedcountierof Lenox and Addihgton. . , . .1-4 XVI. And he it further EnaEied by- the At^hpntyi aforefqid; That Jlic townfRjps qf'S^d^ ney, Thurlow, the traA of jand occtt^iied by the Mo)ia«vl«*r .Hungerfdrd; HWitinfi don, , and I^'awdbn, do con,ftiture andfofm the coimivol' HafHng*. . , XVII. And' be it further Emfi'ed hy the Authority aiorefnid,Th»V{Ue tov«nthip»ofAint- Hiriburg, Hallowell, Sjphiafburg, aitd Maryft),i.jrg, withiluch of the ifl-inds' irt tWft Bayof Quinl'rand Lake Qntajrio, a» are wholly, or in gj«;jter'pait*oppofiie theretoR and fuch a» were no^ formerly inciaded-in the county ol Ontario,' do couflHute ahd forrn the county of Prinpe' Edward. Xvllli And be itfurthev.Ena9edby the Aulhoriiya[orrfa\d,.'V\uX the cotmlieg of Fron* tenac, the incorporated counties of Lenox and'AttdingJori, HalMngs. and.Frince fid- ward, with all that trgft of count r)i which lies betwecfi the riiHrift of Jbimfiowo and, a line drawn north, fixteen degrees weft' from the'norih wtff iMTgJi? of ilit towrrfhjpof Rawdon, fill it interiefts the ntirthern ljn)it8 of ihe Piovinre, tnjjether witlr all the iflandtinthe Ottawa River, wholly, or in greater part oppofiie thereto, dbconflitute and form the IVJidland Piflri^i XlX. And hit further EnPlted by ike Authority afnr(faid,Tha{ the townfliips of Mur- ray, Cramahe, Hildimand, Hamilton, Eluwirk, Pficy, and Seymour, with the pe- rrinfolaof NewcafUe, do conflituteand f<>rm tlietf^unty of North ittnberlahdi , J5X. And be it further Ena&fdbythe Authimty-afordaid, Thit the towr^(hip»of Rope, Cl^arke, and Darlington, with all the traft of land hereafter to be laid ogt into town- flnips, which Ilea, to the fputhward of thrfmill likes above the Rice tike, and the (Communication between them and between the eaf^etn boundary of thetoWnihipof- Hope, and the weffern boundary of the townfhip of DttUngton,- produced north fixteen degrees wefl, until they interfeft either of the faid I;ike§,. or the Cotzimuuica- tion bptween them, fliall ronftitute and form the county of Ourhamr XXr, And be it further Enalled by the Authority aforefaid. That the towtifliips-of Whit-- by, Pickering, Scarborough,. Y«'tfc, including its peninfula, EtobiCoke, Maikham,^ Vaughan, King, Whitchurch, Uxbridge, Gwillimbury,. anrflhe ti«fl of land hereaf- "^^ ter to be laid out into townfhips, sying; between the county of Durham aAd the Lake Simroe, do conf^itute and fonn the Etfl Riding of ihecountyoi Yoik. XXrr. And be it further Enailedby the Authority c^foreiiudt Th^t the to«!nlljip« of Be- verly and Flamborough, t' c l.ai t,fr drvideid into Flamborough Eall and Weft, fo much of the traft of land upon the Grand River in lii'e occupation of the Slif Nation hi- dians, as lie* to ihe northward of Dundas flrcet, and all the land between thefafd"; traft and the Ejf^ Riding of the county of York, with the lefrfrved land».,in th'e rearbf the townfliipa of Blenheim and Blandlord, do conftifule and form the Weft Riding,t»f the county of Yoik. 4 XXUL And be it furtherErtuSedbf^theAntkDrity aforefaid. That IVfatthed'afli, ' Glbll- cefter, or Penetanguefhinf^.together v»i)th Pfitice VViHiatri Hirnty's Ifl«rid, and all fhe • land Ivmfe between the Midland Diflrift and a linr'prfidUced due norfh frorti a certain" fixed bouod^iy(at thediOapce of abotit fifty miies north-vftft from th^odtlet of Brfr- Jiogtbh Bay), till it interf»aa the nbttbem limit* o£' the Provirite^-do-ooWiifute and' form' th OiUniy olfe t ^ H>ft;ifr. * 9rinct EdwknlT' NoVUi'iimbtr* Cwnty.oir. Durh«a. titt'Kin'itf of the Cbttnty.' ri4 Weft Ryiijj of tKe CouittT of Yo>k. Simcoc. . :«fH ./V.'^: rX>lL— ^IL... _kl t« _ lJt# Jii* A^i» v.ijtA.jpKAy and Sdmcoc,. ^a cooaitute andr form, the Home Di ft ri6t. um .'}LM, Pro* Hom« Dif- I'll ,t I, '!> '!'!] ;; i t .h.i- ^ C^^ Ptththirty.iism^pt^o/^^Qms^:t!k^Thk^ A,^. »798, ,S^cpniS'c/^<^^ ■I' «»*ntuaUy de- clared hy fX9. tM» •{ Ae Clmdrsrd add. •dlothaTown- fllipof.Bin* *";?^!,.;. •■ hrft Riding •f the County •f Lincoln. Seco'nd Rid. ing'eft'heCoun. ty tf Liiicolo. The t«wn and townfliip of Ncwarlc there- iiii to be called the Tow I) and Townfliip «f ItliaBua. Third ftiJiog of the County (of Lincoln. Fourth Hid' .ng of the Couir. y of Lincoln. County of Haldimand. CoUHty of Norfolk. AdditioB to the Townibif of Burford. Ctf«rd. Ceunty tt .t) X. THB »l^qi»A»l.E FfiJER W;s?IEI,4, £S«UIR£^ PRESIDENT. '■ l,Lr« 'i».i.l!.^. .■*■'" "'■■"'' •*"^*" *.»i.- .^^,■ ■ .••..?'-.^*.,«i»<;^^.;iifc^ faWxounHMof Northumbcifand»nd^D,.rham (hall make it fetisfaftdrHv abwir mth^^l governor, Jjfutenant governor, or perf.,.) adtjiiniftering ihrKovemminl S ihi Kd5^* vtnce, »hat fherc are one tRouland l«o>l, witMn the fail* wfanK J rd "ha, fii "f ,1^^ I^^ fii. :? *" thr.r rear, confined between their extreme boandariei p3uc7d flSf Lnd Irrhi^K^.* ''f "^^ ^""' 'i '^'Z •"'*^''^* '^* norrhern limit, of the CWi?' «A,: 1 i.u ^y declared to be »4paratedinri». to bt called the DiftrJft bmw% inent of the f, evince, \n hereby authotiwd tipen fut:h proof a.^ aforcfaia to Sre- Lt'n!?r[;;rli;r;e7m?oit;*'^^ '»>* ^'- .hSbrA'a^' (\^^Tri ^T!a ''•^*"*"' ^""^^'^^^ thtAuthorlty^aforermd, That fj mttch of the to^ri). £ K °f g:^^"f<*'<*»^'* "^J^ ""T.pr'fhended betwttn the fouthern boundary of he oltt Newark, Grantham and Louth, do confti'ate and fTC VkI i!L !f Jij- " ?^^ Coo„.y of Lincoln B_.„« *«,^ T™, .^•U':f..d T„™ h'iro"f ^^^^^^^ ' §:;?of'];.Sgi',i ,'X>;a7«r' '"'''""'"''' ■'"^^^^^ XXXI. Airfftf »/ /«rMer EnaHedhy the Authority aforefaid. That thp fraft of !n„^ »» each fide of the Grand River now'in .he occujatlontfthe Six Nation IndanTanS ^ ^t^o/'l^rar^'^"'^^"''-*^^ °^ Dunda..nreet.do conaituteVndt?^ 'tSj . XXXII. i4nrf j)^ if >rM«-r £n«,«*.d fcj, ffr^ Authority aforefaid. That the faid Coonties of ' Ltocoln and HiJd.mand, wi,b fuch of the iflands of this Province Jv ing inThe river Niagara, or Lake Erjc. a»are wholly or in ereater Dart adiJ^n ih«i,« ^J .u \.! the Beach at the Head of Lake Ontario. bet'iSn tfe^omf ro7Vur H^gtoXa"^^^^^^ BTa?^''rlt 'pf'S'f'".^ '^«'^^" '^''^I'V' Promontbry between the^a^S B Jr ing ton ' Uvifi A I^ 'y ''°i canft.tute and form the DiftHft of Niagara. """'"S**"* AAAlll. Ana bett further enailed by the authority aforefaid Thaf »i,» »«—rt,i - t Rjinham, Walpole. Woodhuule. Charlottevill^.^r^^^C^ S^Vh,^ , Windham, and Townfend, tosether with Tarkev Point ^,.a " "s"""". wtioaicion, Point,doco,Wtituteandform*theCo«,;,yof nSo* P'°"">"»°'y '>f ^^^g ofSLL.^#it'?&*?'*'?'''i'^^'*'''"/*°"'> "^'"•'Z'"'^' That the triangular traft ^Tr!:^^''^.U^'^ ^°''"''"' ''"^' "^ '''''' '^ '^* »-"'hip of Bur»lrd.'an; to " XXXy.! An^^e «>/ii»-tAfr enaBed by the authority aforefaid. I'hat the tnwn(hir^,^e n *^'v V v.^,?*' $?"«'<*«<« »nd form ihe County of Middlefex. Aiaoorough, antf ^AJbVU* And bt « /BrtArr «iMflrd by the authority aforefaid. That the Coan. L-e lUIVi i'iii ^iU5i.' ^r •*.? folk. Sec^k'PaDticmtnt',, ' <^.' $^ Inthtt\hi}-h'^Myea'i^o/^eo^g^^^^ »if^ folk, Oxford and Midcltefex with fo tr.wch of this Province ai Ue« to the Weftward of thff Mome DiflpfA, and the DiflriA •f W*(t«ra,4othe Souti»war4«f t^l^v Htffon, /*jRd bc^nipreen, tbf m and a line drawn due north from a fixed bounbary (where ike- eaflerii' motl^liniMt of thetowr.<]iip of Oxford interfefls »he River Thamei) till it a>rivc> at Lake HufOn, do conftimte »nd fornn the diftTi6l of London. XXXVIII. Andleit further n^Std b-i the authority afotefaid, That the townAiipt ol D(}yer» Chatham, Camden, diftin^gulfhed by being eaiied Caindtn-Weft» the MoravMn tra^ of land, called Orford. diftmguiftied by Orford No>th and South, Howard, fh>- wich; Raleigh, Ronrney, Tilbury, divided into eaft and weA, with the townlhip ot% the river Sinclair, or<;Hpied by the Shawney fndfans,! together with the iftands.in the ]akr« £rie and $tncJ»irwbod, MaWfione, Sandwich, Colcbeft*r, Maiden, and the traAs of land occupied by thif Hiirsn and other Indians uporv the Strait, togethef.wiih fuch of fbe i{tui(l» as are ia \7Jk» &rie, Sinc^aie, o« |he traits, do iCoi>niti|tc arn4 form tk« county of Effex. • i -i i. ' XL. A«d he it further ettactedly the etulhanity aforefmd, That the Covtntice of Efffex and Kent, togetheir with To much o\ thix Province as i« not indtidtd witbin any other diC" trift th€ieof,doeoBnitu»eand formtheWeflern diftrift. XLI. And be it further enacted by the .authority aforeftud. That thiialk noi^ any |i4f| thcjrent, fliail take eiTefi untii ixom andafter the {ourttcntb day of February next*- ■ •' -^^Y ':'■€« A P. VI. A» ACT to amend part of an Wfiipdinthe thirty fourth year of the reif^ of His Majrjly, f«. liluled, " An Act t9 ejlahUlh a Superior Court af Civil and Criminal Jfurifdiction, and to re- futute the Court iff hfpeah,** and affo to amend and repeal pdrt of an Act fajfefl in the thir- ty fenenth year of the reihn(pvcyance thejapj, in order tp prevent the f4m< fr«m Vi.iPromdelnfvmM, andheitfyrtkertnflck«( {h=Ol be connriyjd pr tft^^^ il.M * A"^. '?W^*1"^" ''^^ *'**<^''^*"' in d^fchArg, oftlwrnfelvei, V^^. Am/6f ,i^rifrr6c(l'i ania» ad fatlifacietSum. CHAP. VII, CHAP. vir. ^n ACT to alter tht method of ^llt farming Rtni„i, p, ^y ^«, tk. u;^j, .^j - ■' ^ -^ •• ^flA within tftis ^rovinuT^ "^ "^ "* f The Royal A (Tent to this Act was prowul-ated by Proclamation, bearinjr date under 0;Vn.id f^i^'^;r^^Z ^ ^TST^^V^ of h/p ^•""' '•1'*}/^' arfvice and confeni o» the LegiflativrCcneilind AifeS of .he Province of Vpf^ e«,dki, «oiif)itip, reputed town&ip-or pliKe, fl,all (in wopor.ion to the iorT'onfh. mT' ""^^"'*"'^' property .herron) be taken. ra\ed"nd held nabJe to ^ork on the highways .nd roads m each a/,d every year, as follows ; that i* to fay. if and «or ^ni^^t J ^' """[' "°^ '.""*'' '^* ^^^^ ' '^ '* """« '»'='" °"« f'undrcd pounds and n./^ .K^" u'~ t""'l"'i P^""*^'- ''K^» ''^y» • if '^ »"o'« than two hundred Toui^riXdVi'*^"^^^^^^^^^^^^^ ''"'^^'^ if ai more than tb,eeb«»d,M FretmM*. RtcittI }]() Cto. j.chay. 4. II«H*) of h much dicrtofaa rcfpefU th« cs- tent of yearly ftaiutc labour oa tik* ki(hw»yi, Ratii of ytarly ftatute labour ia future tbcrcoo. % ( u 1 u 1 4 ' 1 \ t 1,", ,' a « ^ ^ V' 4 ^ iu ' TH^ U^ C. »-a. Jn tke thirty-mnth year of Georgi the Thhd. A.'D. 1799: TAirHeJiot^ TH« HONORABLE FETER RUSSEtL ESQUIRE, PRESIDENT, wr m. THE '1 .-.,.S;;T A T U TES, OF HIS MAJESTY'S PROVINCE OF Upjper Canada. ', 'i . ^ • ' ■ • ■ ' Uilatiaiiwi ■- ./■ Faffed in the.THird Seffion of the Second Provincial Parliament of Upper Canada, met at York, on Wednefday the twelfth day of June, in the thirty-ninth ^ear of the Reign of our Sovereign Lord George the Third, and Prorogued on the twenty nihth day of the fame month. •r- Aft revived tnd continued for two years, 4k, CHAP. I. iln ACT te revive and continue an Ac% pajcd in thejirji fejion ofthii irefent Parhament, intituled, « An Aajorthe better fecuring the Province again/iihe King's Enemies." , ^ -^ •yirHEREAS an Aa pafled in the firft feflion of this prefent Parliament, V If intituled, « An Ad for the better fecuring of the Province againlt the Kmg s enemies, hath now expired, and whereas ii is expedient that the fame ftiould be revived and continued for fome time longer ; Be it enacleH by the King s moft excellent Majefty, by and with the advice and confent of the Le- giflative Council and Aflembly of the Province of Upper Canada, conftituted and ailembled by virtue of, and under the authority of an Atl paffed in the Parliament of Great Britain, intituled, « An Ad to repeal certain parts of an Ad pafled in the fourteenth year of his Majefty's reign, intituled, « An Ad tor making more eifedual provilion for the government of the Province of Quedec, m North America, and to make further provilion for the government of I A ^J'^V"*^^''.' f"'* by the authority of the fame. That the faid Ad (hall be, and the lame is hereby revived and continued; for and during the fpace of two years, and from thence to the end of the then next feflion of Parliament. CHAP. II jin ACT ta continue an A£i, intituled, "An Aa for fecuring the Titles to W Lands in this Province" HEREAS an Aa paffed in the thirty-feventh year of the reign of his prefeni Maielty. intituled, « An AA fnr G.r.»r;«« t\r^ .;,u- .„ i„_j- ;_ this fent the Ai!t conflnueA for two y«ari, Town W«f- d«ns, with ap* probation of iwo luAiccs, may bind orphan ot abandoned in* fani thildrea. ^coni Parliament. X:. i^^/ In the t^hiymruh year 9/ George the Third: AID. 179^ t0 nl\h^Tl^u^' ,^'»"P''^^«n.»»'^ fi'ftd«y of June next; «nd where.. m.„y of the inhabitants of this Province have not yet been, nor will be able to par- ticipate in the benefits of the laid Ad before the time limited for the expiration thereof: Be it cnatted bv the King's mod excellent Majefty, by and with the 9dv.ce and conlentol the Legiflative Council and Aflembly of the Province of ipptr Canada, confjuuted and affembled by virtue of, and under the au- thority of an Att pafled in the Parliament of Great Britain, intituled, '« An Afcl to repeal certain parts of an Aft pafled in the fourteenth year of his Majef- tys reign, intituled, «' An Ati for making more effetlual provifion for the government of the Province of Quebec, in JVonh America, and to make fur- ther provif.on for the government of the laid Province," and by the authority of the fame, That the faid Atl be, and it hereby is continued for and durinc the further term of two years, and from thence to the end of the then next fcfTion ol the Provincial Parliament. CHAP. III. . I • JruulJ^Jj-'^'^"''!^' £rf«c«^2on and Support 0/ Orphan Chiliren. ^/ITHEREAS it IS expedient to provide for the education and fupport of « y °.? f I u'* V "' °' 'i'''^'"" ^^'^ ""^y ^^ '^^'^"•d by their parents ; Be It enatted by the King's moft excellent Majefty, by and with the advjce and conlent of the Legiflative Council and Affembly of" the Province oi Upper Canada, con htuted and affembled by virtue of, and under the authority of an Ad palled in the Parliament o{ .Great Britain, intituled, " An Ad tore- peal certaui parts of an Ad pafTed in the fourteenth year of his Majefty's reign, iniuuled, An Ad for making more effedual provifion for the government of the Province of Mu, m North America, and to make further provifion for the government of the laid Province," and bv the authority of the fame. That when the father and mother of any infant child fhall die, or fhall abandon their infant child or children, it fhall and may be lawful for the Town Wardens of any 1 ownfli.p where fuch child or children fhall be, by and with the approba- tion and cori^entof two of his Majefty's Juftices of the Peace, to bind the faid child or children as apprentices, until he, fhe, or they, fhall have attained the age of twenty one years in the cafe of males, and eighteen in the cafe of fe. males ; and an indenture to this effed, under their hands and feals, and coun- ter-figned by two Juftices of the Peace, fhall be good and valid in law. II. And be it further EnaQed by the Authority ajorejaid. That when the fa- ther of any infant child or children, fhall abandon and leave fuch infant child or children with the mother, it fhall and may be lawful for the mother in luch cale, by and with the approbation of two of his Majefty's Juftices of the Peace, to bind fuch child, or children, as apprentices, until he, fhe, or they fhall have attained the age of twenty-one years in the cale of males, and eighteen m the cafe of females j and an indenture to that efFed, under her hand and feal, and counter-figned by two Juftices, fhall be good and valid in law. \n. Provided alway,, and be it Jurther EnaEled by the Authority aforcfaid. That when the relations of any orphan, or abandoned infant child, or children are able and willing to fupportand bring them up; then, and in fuch cafe, it chddr"en. ^ ^"""^ " ^""^'"^ '° apprentice fuch child or J7^JrcWAf'!!tjf^' t^''^'' ^''''^'^ ^y '^' ^^'^^'^i'y aforefaid. That JK> ihfant child, or children, having attained the aee of fourteeniear.. (hall h« Jiabte lu De appienticcd as aiordaid, unlefs he, flie, or they con fent ^thereto:' '^ a CHAP. IV. The like pow«. er given to tho mother, when the fatheraban* dons hii infant children. KicepUoli. f'urtheiisa cejition. .K •/■! M K rt THt HONOHAILK rSTCR RUSSELL ESf^UlRCi PHUIDKNT. CHAP. IV. •Jin ACT h xnuiU ftrf^m folding the Ojict of kegijltr^ to te EUtteA Mer^tU of the Himft oj Ajjernbly. WHEREAS "by the fixwenth claufe of an Aft paiTcd in the ijurty.fifih year of his Majcfty's reign, intituled, " An Ad lior the public regiller- Ing of deeds, conveyances, wills, and other incumbrances which ihall be JRiade, or may afFed any lands, tenements, or hereditaments within this Pfo- virtce," it is declared and cnaded, that <» no Member of the Houie of Aflcm- bl> ihertalicr to be chofcu, during the lime that he is fuch Member, fhall be Capable of being appointed Rc^iltcr, or of executing by himlelf, or any other peilon, the laid oiiice, or have, take, or receive any fee or other proht whai> toever, for, or in relpetl thereof ; norfliall any Regiftcr or his Deputy for the •ime being, be capable of being thereafter cholcn a Member to lerve in the Adiembiy of this Prxjvince." lie it cnaded by the Kind's molt excellent Ma- iclly, by and wiih the adviceand confciitof the Legiflative Council and Afleni. biy of the Province of Uj)per Canada., conllituted and aflemblfd by virtue of, and under the autnority of an Ad paded in the Pailiament of Grtat Britain^ intituled, *' An Ad to repeal certain parts of an Ad palfed in the iburtecnih year of his Majelly's rdgn, intituled, " An Ad for making more etteitual provilion for the government of the Province of Quebec^ in Norlh America^ and to make further provilion for the govcrnnaent of the liaid Province," and by the authority of the lame, That the laid hxteenth claute of the iaid above recited Ad, (hall be, and the fame is hereby repealed. II. Provided always^ and be it fur the r EnaHed by the Authority a for efaid^ That if any Member of the Aflcmbly lUall, at any time hereafter, accept the oflice of Regilter of any county or riding, his ieat therein Jhall be, and is hereby declared to be vacated thereupon. Provided alfo neverthelejs. That fuch appointment fhall be no bar or ob- Ilrudion to the re-eledion into the AHembly, of the perfon fo accepting and holding the lame. CHAP. V. An ACT te ratify, approve and confirm the Provijional Agreement made ani entered into by CommiJ/ioners on the part oJ this Province^ and CovmiJJi oners on the part of the Province of Lower Canada. WHEREAS by articles of provifional agreement, made and entered into at Montreal, on the twenty-eighth day of January, in the thirty-feventh year of his prei'ent Majefty's reign, by commiflioners nominated and appointed on behalf of the Province of Upper Canada, under, and by virtue of an Ad of the Legifiature thereof, pafled in the thirty-hxth year of his Majelly's reign, in- tituled, " An Aft to authorize the Lieutenant Governor to nominate and ap- point certain commiflioners, for the purpofes therein mentioned, and commifli- oners nominated and appointed in behalf of the Province of Lower Canada, by an Aft of the Provincial Parliament thereof, pafled in the thiriy-lixth year of kis My.jefty's reign, intituled, " An Aft for appointing commiflioners on behalf of this Province, to treat further with commiflioners on behalf of the Province of Upper Canada," for the purpofes thercia »entioned| it was agreed in manner and £or» foliQwinga tb^t is to fay :— I. That iCthdaufe of 3jth Geo. 3J repealed. Any McmKeT of the AUcmhly «.ceptingth(of« (ice of Rcgiller, his I'eat to be va- cated. But no bar to bis K-eledion. Recital of the Provifional A- preenent iBade W1J97. Stt0^ JWHamtm. C.%.Jfn d€4kirtjhnmtk jmr iff Vt&ffe fA« Thirl A . D. 1 7$9. I. That the Legtflalurc of Upper tJanada will not impofe any duties whate- ver on any ^ods, wares, or merchandwe*, imported or brought into Lower Canada, and paOing into Upper Canada ; iior on any aritvlc ii»c growth, pro- duce, or manulaaure of Lower Canada, palling iuto Upper Canada: but wiU allow and admit the Legidature of Lower Canada to impole and levy fuch rr». fonable duties on luch goods, wares, .and inerchandii^cs, and luch aiiides afore- faid.as they may judge expedient, ior the jpurpolc of raiiii^ a revenue within the proviitce of Lower Canada. IL In confideration of the Lcgiflature of Upr>cr Canada rclinquifhing the unoolition of duties asaforefaid, the Legiilature of Lower Canada will allow a jull proportion of the dutic- impoled by them, to be paid to Upper Canada j andinordertoafccrtain fucii proportion, a hi and proper pcrfon Ihalt heap* pointed, at the joint and equal expcnce oJ both Provinces, to rclide at Coteau du Lac, as infpettor, (or the purpole of demanding and reccivingaccounts of ar- ticles fubjed to duties contained in boats, caiioes, and carriages paflinj:} by th»t place. in. That it (hall be enafted by the Lc^iflaturc of Lower Canada, that the faid infpedor fliall have authority to itop at Coteau du Lac, before palling the locks upwards, all boats and canoes, until tliat liiere ihall be delivered to hira a written account, figncd by the pcrlon or perlbns who Ihall have furnifhed the lading of anv fuch boat or canoe, or brigade thereof, or who (halt have difpatch- ed, or who (hall accompany the lame, Ipetilying the quantities of inch articles fubjetl to duties in Lower Canada, as are contained in iuch boat or canoe, or brigade thereof; and if the (aid inlpctlor (hall have realon to believe that any fucli account is falfe, (whether the fame be of luch articles palling from Lower Canada, or coming from Upper Canada) he (hall have auihotity at any time within three months after the fame ihall have been received, (cither by himfelf, or any other perl'on that he may fee fit to appoint by letter, for that purpole) to require fuch account to be verified on oath before a jultice oi the peace, by the perloiior perlons who ligncd luch account; and evciy perfon when Co requir- ed, who (hall relufe to verify on oath any fuch account by him hgned, (hall for every luch olfence, forfeit and pay the (urn ol ten pounds, with colts o( fuit. IV. That all carriages palling Coteau du Lac upwards, ihall Hop at the of- fice of the infpetlor, under the penalty of ten Ihillmgs on every driver thereof, who (hall refufe, or neglefcl fo to Itop; and if not provided with a written ac- count, hgned as aforelaid, ol the articles fubjett to duties, contained in fuch carriage or carriages, or not being able to give a verbal account of fuch articles, to the latisfatUon of the infpettor, he, the faid inl'pe':tor, Ihall have authority to fearch and examine the ladings thereof, in order to afcertain the fame. Pro- vided always, that no account Ihall be neceflary to be given of any articles fub- jetl to duty, being bonajide for the uie of the driver or palfengers in any (uch carriage, during his or their journey. V. That the laid infpedor (hall enter into a book, to be by him provided and kept for the purpofe,all fuch accounts as he fhall or may be furnilhed with, as before prefcrrbed, together with fuch as he (hall take from afclual examinations, in cafes where carriages (hall not be provided therewith, and therefrom twice in every year, that is lo fay, on the thirtieth day of June, and o»the thirty-firft day of December, he Ihall make up and certify upon oath before a jullice of the peace, two general accounts of the quantities of all fuch articles fo palTing Co- • omi A\\ T a/* iiTMuarHc- on uiKirU /Intake n^f^ll U'^.fa KaA«« • m^ ^-^ ^ riEk<4 U.. «U» T ^^1/1,. ture H^ }'.! S-i Ki» C. 5. In the thirty.ninth year of George the Third. A. D. 1 799. Third Sejion THI HONORABLI PITER RUMILL UQUIRI, fRIUDINT. In^Jr^*"'*''^*.""'^"'""'* «>«"«''»"f'n"oncoffuch certified general account, ta he Governor, Lieutenant Governor, or perfbn adminilltnn« the Kovernne,' of Lower Canada and .he other thereof to the Governor, Lieutenant Goven^r or pcrlon adminiltcring the governincni oJ Upper Canadi governor .y\' 'J'*:''' 'J« ^^8'»-ture of Upper Canada Ihali impofc and levy upon all articles fubjed to dufea in Lower Canada, which Ihall be brought into Uppe Canada ron, the United States of America, without paflmg ihrotgh Lower CV nada,dutic. equal to thole that a.e, or Ihall be impofcd and levied on HmHar articles when brought from the United State ,.fo Lower Canada, and that the Legillature of Upper Canada Ihall taLe the no.t elfcdual mealures thai hci? local lituation will admit of, for enforcing the collection of f„ch Zll VIL 1 hat every boat, canoe, or carriage, coming from Upper Canada 'nto Lower Canaua, upon, or along the River Saint Lawrence, if co^ai nine article, fubjea to duties at the port of Quebec, or withm the urov ince of Lower Cana da, fliall Hop at Coteau du Lac, until that there fhall be dd.vered To the laid ?n fpedor, an account thereof in the manner and form before prelcribed, for Tuch article* pafl.ng upwards ; and the condutfor, or perlor^or perfons having charge of any uch boat or canoe, or brigade thereof, havi. g on boa^d any Lh a tides from Upper Canada, (knowing the fame) who /hall refuferor /cS fo to I op, and to notily the fame^to the laid inlpcttor, (hull forfeit ^nd Pa? the fuin of forty Ih.llings ; and the driver of any carriage loaded in whole or in nart with any luchart.ces from Upper Canada,'who fhall refufe, o^ned^^^^ a the Ofhce of the (aid infpeUor for delivery of fuch accoun s, or fbr exlmina^ tion and fearch, If not provided therewith, fffair forfeit and pay tie fu.nTf e„ /hillings, wuh cofts of luit, in each of ihe faid cafes yilL Thatthefaidinfpcctor Ihall alio enter in the book before mention cd the accounts of fuch articles lubjecc to duties, as fhall be brought fufm Ud" pe Canada, and twice in every year, at the periods before mentioned fhaW make" out, certify on oath, and tianfmit as before 'directed, two generaUcco „u of the quanmie. thereof, and the amount of duties on the fame, being dSedf-om ilu^ainountof dunes on the quantities contained in the aforela.dT^^^^^^ counts, of fuch arncles pairing from Lower into Upper Canada f^y Coteau du ^^^^n^ttr^i^r a;;;- 1^^^^ Ess iSS^ take .inmeuiate ileps for carrying mtoeflcct the regulations' fhp'ulat'^ed'hf thel' X. That the penalties herein mentioned, JlrM be recovered ^,^A ar,^r 1 • fuclu,,a„„.r„„d form a. ll.all be p.e,cnbed by .t L^^^lflVC? S" Pr" XL That this agreement fhall continue, and be in force for four v^nrc a no longer, to be reckoned from the hrft day of March Lvr ^''"^y^f ''^ ^"^ afore(a»idinrpectoriorefideatCotPa..rl.. f . \i T ' ^"'^ ^^""^ ''^^ .1 c 11 ^ . "^""^*' v^oteau uu Lac under this ai/repm<»nf (h^w i the firfl two years, be annninforl h„ tUr, n i ''arcement, Jhall, for ' - two R«(lut«rrh« previflonil «. grremfnt in*a« in I79». ^Utmd ^riismtm, C. i. In ih« thirty-ninth y tar oj George the Third. A. D. I7'99. 151' two years, by the Governor, Lieutenant Governor, or Perfon adroiniftering the government of Upper Canada. AND WHEREAS by other articles of Provifional Agreement made and entered into at Montreal, on the eleventh day of February, now lad paA, by Commiliioners on the part of the (aid Province of Lower Canada, appointed by an Ati of the Provincial Parliament thereof, palled in the thirty ei^jhth year of his Majeity's reign, intituled, " An Atl to repeal an Act palled in thirty-iixth year of the reign of his preiient Majefty, and lor appointing other comniillioners on behalf of this Province, to treat with coaimillioncrs on behalf of the Province of Upper Canada, for the purpofes therein mentioned," and commiliioners on the part of Upper Canada, appointed under the authority of an Act of the Provincial Parliament thereof, palled in the thirty-leventh yenr of his MajcUy's reign, intituled, " An Ad to authorize the Lieutenant Governor to nominate and appoint certain commiliioners for the purpoies therein mentioned," it was further agreed in manner and form following, that is to lay — I. That the I.egillature of Upper Canada may ratify the aforefaid Provifional Agreements, with acondition fufpendtng the operation and execution of the lixth Article thereof, fo long as the Government of the United States of Ameri- ca do not lay duties on goods, wares and merchandizes palling from the Pro- vince of Upper Canada into the territories of the laid Stales. II. That the Legillature of the Province of Lower Canada will allow, and pay to the Province of UpperCanada, fuch jullpropurtionofthedutiesimpofed and levied by the Legiflature of Lower Canada, as the aforefaid Province of Upper Canada would have had a right to claim if the aforefaid Articles of A- greement had been raubed and conbrmed by the Legillaitire of the Province of Upper Canada. * III. That this agreement (hall continue and be in force until the firllday of March, one thouland eighx hundred and one, and no longer. Therejore may it pUafe your mojl excellent MajeJIy, That it may be enacted, and it is hereby enacted by the King's moll excellent Majelty, by, and with the advice and conleni of the Ligidative Council and Al- fembly of the Province of Upper Canada, conllituicd and allenibled by virtue of, and under the authority of an Act palled in the Parliament of Great Britain, intituled, " An Act to repeal ceuain parts of an Act palled in the fourteenth year of his Majelly's reign, inuuilcd, " An Act for making more effectual pro- vilion for the government olilic Province of Quebec in North America, and to make further provilion tor the government of the faid Province," and by the authority of the fame. That ihc fiul iwo Provihonal Agreements are hereby fe- verally approved, ratihed and conhrmed. Provided nevertheUfs, That the operation and execution of thefixth Article of the faid firll above-mentioned Provilional Agreement fhall be, and the fame hereby fufpended, fo long as the government of the United States of America fhall not lay duties on goods, wares, and merchandizes pafling from this Province into the territories of the faid States, and no longer. 11. And be it further EnaHed by tU Authority aforejaidy That it Ihall and may be lawful for the Provincial Treafurer of this Province, for the time be- ing, (when, and as often as the fame may, from time to time become due and i M''l IP i of both agreca menu. V *. IS .-Ul_\ .^ n. r«. in/1 an/1 irt*r*t»\\jf^ in ixnA fnr thp iifps of this Province. S^and from all and every the perfon or perfons who now are, w at any time hereafter Provincial Treafurer au- thorized to re» ceive the mo- nies which may urCOmt i'^t iw this Province uader tbit aft* ik ' I , I jJ Provincial Treafurer's re- ceipts binding on this Pra- rince. 0-. > i J. t •| ,1 ) . •4/' Kecital), hereafter may be nominated and appoinfed on the part, and m behatf of A* Province ok Lower Canada, for the payment thereof; all and every fim ^ndi 1 urns of money which now is, or are become due and payable, or hereafter- may become diie and payable from the faid Province of Lowt^ Canada to this- Frovmce, purfuant and by virtue of this Ad, and of the Arficles of Pro^r- lonal Agreement herein before ratified, approved, and confirmed; which faid ij^rovincialTrealurer for the time being, is hereby authorized and empoiwer ed by himleif, or by any perfon or perfons whom he may thereunto duly aiithorize, to grant fuffic.ent receipts and difcharges for the fame; which faid- /eeeipes anJ ' difcharges Ihall be taken, and held to be binding and obligatory on this Pro- vance, to all intents and purpofes Nyhatfoever, and to be a full and fufficien^ acquittal of, and from all and every funvand fums of money which in fuch re- ctipis aiKi dtfcharges Ihall refpetlively be contained. . • THE STATUTES ; OF HIS MAJESTY'S PROVINCE OF Upper Canada. Paired in the Fourth SefTion of the Second Provincial Parliament of Upjj'er Canada, inet at York, on Monday the fecond day of June, in the fortiet!^ year of the Reign of our Sovereign Lord George the Third, and Pro. iogued on the fourth day of July following. CHAP. I. An XQTSjhr the further introduaion of the Criminal Law of EngVanA into this W^^»'J\ c "^^^ ^.^^ ''''"'' '•if'^^''"^ Puntjhment of certain- Offenders. HliRLAS the Criminal Law of England was by an Act of the f»arh'a. ment of Great Britain, paffed in the fourteenth year of his Maieflv's reign, intituled, « An Act for making more effectual provrfloa for the go- vernirientoi the Province o( Quebec, in North A>meri^a, introduced and et- tabhihedas the Cmmiial Law of this Province: And whereas divers amend- ments and improvements have fin ce been made in thefkmoby tlic mother coun- try, which It is expedient to introduce and adopt in this Province-; Be it thews f ore enacted^by the King's molfe excellent Makffy. by and with- the advice and' content or the Lpf^'tta*""** C«»""'^'J •»"'• aa'^—i.i.. ^jt.l. v.^ • /. ,. _ Canadh, confthuted and' aflbmbited by virt^ie of,- Mid «ndei. tbe^ smthor4«J '*''«H the C'l oF luch burning or markingi tb inipofe upon lUth offender {Ixth ^ nioderate pe'- )!^vm\'2f* cuniary hne aS tO the Cburt in its difcretibn Ihill itei^-iii^eVi,dr'dflierwire it ihallbelawful,^ ihftead'o^"ib- 'of tfie cafes afore- alVht.** laid, except in the ciife of ma'nllau^hter, tb order and adjudge, that fuch of- "'i" ^'^ "^ feiider lha;ilbeonce, or'oftener, but normore thart three times, either' pviblicly' " or privately whipfr-j lUdh priVare whipping to be inflicted m the prefehce of noi" lefs than tWb perfons belides the offender aiid the officer who inflicts the (amci ' arid in calfe of' female offenders, in the pfefence of females only ; and' fucft' fine or whipping fo impbled or inflicted inltead of fuch biirnln^ of m'aifkmg, Ihall have the like effects andcbrtfequences to M pifty on whom the fame, or either Ihdll bfe fb irhfiofed at inlHcted, with rfefpect to the difcharge from thc^' fame or other felonies, or atiy reftitution to bis of' her eflates, capacities 'aft(J^ credits, as if he- orlhehad'been burned or markbd'as'aforei'aid, I¥. PVovtdtd' alm^i, a%d be it further Enacted l^y tht Auihority afcrefaidt- That nothing in this Act contained, Ihall abridge, or deprive anyCciur'torthe i' powers ndw veiled mit by laW, of detaining atfd keeping in prifoi^, for any »«■ -'7, ; timi not ejtceedrhgone year, or of committing to thd houfe of cbrVe^tibn,' or prtf^jniS' public wbrk-houle, to be' kept' 10 hai^ ' labofj for at^v tim'e not eKceedihgbnc *'"***•• year, or of committing to the houle of correction, for artV tid^'nbtlejk th'fjn' fix months, or exceeding two years,' any fuch offender as aforefaid ; b'U that luch offender may, if fuch Court Ihall think fit, after fuch burning or marking, of afterfufch whipping or fitteas fhill by virtue of this prefeilt Ait be ihfli'ctbi"' or impoled inltcad thereof, be lb detained or coiAmiifei, ati'd with fucH a«Cifi. * mulated punilhment, m cafe of elcape from fuch hdafd^of corrcfctidi or workw boufe, as if this Act bad rievcr been ro»de. '■ f ! Tkii «A a*! t« abridge hi I'owcrs efte4 in thi ntU the r^V A^hd Wheyew frt much bft ifcf faffd ci^'MMl ' laV^^^^ 'lu'^"".u*'""" "• *^''^'*'" "JTenurrs xbpiaccs beybhd the fiJItSjla eithcf in4)S. wSuoil pUtable to thu province, of cannot be carried into execution without great and V manifeit iii I-S C.s **i»' ' ♦« ' Previfiont in cafe of return from banilhment or being found at Urge in the Province before the period il Mfirtd. 5 ;, J U' Net to te. •rain the pow- er of his Majef» ly to fardon'. Jrtihq Fortittft year 6/ George the Third. A. D. 1800. fonrth ^Jli(ft^ f£TER HUNTER ES(JUIRE, LIEUTENANT GOVERNOR. i, Rianireft inconvenience. Be it JEnaSled by the Authority aforefaid. Thai whei% any perfon Ihall be convifled of any crime, for which he, or Ihe, [hall be liable by law to be tranfported, the court before which fuch perfon Ihall be fo con- victed, or any court holden for the fanne place with the like authority, infteadof the fentence of tranfportation, fhall order and adjudge, that fuch perfon be ba« niflied from this province, for and during the fame number of years, or term for vhich he, or (he would be liable by law to be tranfported, and do remove him, or herfelf therefrom within a fpace of time to be then fixed and declared by the court, and which fhall, in no inilance, be lefs than two days nor more than eight, including the day on which fuch fentence of banifhment fhall be paffed. VI. Andbeitjurther EnaEled by the Authority aforejaid, That if any perfoa on whom fuch fentence of banifhment fhall have been paffed as aforefaid, or tQ whom his Majefly, his heirs or fuccefTors, fliall hereafter be gracioufly pleafe^ to extend the Royal mercy uponcondition of his, or her, leaving the province for any term of years, or for life, fhall be found at large in any part thereof ^without fome lawful caufe, after the time within which he, or fhe, fhall have been fo banifhed, or fhall have fo confenied to leave the province, and before •the expiration of the term for which he, onflie, flwll have been fo banifhed, or fhall have fo confented to leave the fame, every fuch offender being thereof 'JsfWfully convi^ted^ fhall fufter death as in cafes of felony, without benefit of Clergy ; and fuch offender may be tried either before Juflices of AfTjze, Oyer and Terminer or Gaol Delivery, for the diftrict, county, or place where fuch offender fliall be apprehended and taken, or where he, or flie, may have received fuch fentence of banifimient ; and the Clerk of the Crown, Clerk of the Peace or other officer, having the cuflody of the records where fuch fentence of ba- nifhment fhall have been pronounced, or the Regifter of the Province in the cafe of fuch conditional pardon as fliall at the requeft of any perfon on his Majefly's behalf, and without fee or reward, make out and give a certificate in writing, figned by him the faid Clerk of the Crown, Clerk of the Peace or other officer, or by the faid Regifter, refpc6lively, containing the effett and fubflance, emitting the formal part of every indictment and convifction of fuch offender, and of the fentence of banifhment, or of fuch conditional pardon refpefctively, to the Juflices of Affize, Oyer and Terminer and Gaol Delivery, ■where fuch offender fhall be indided, which certificate fhall be fufficient proof of fuch convittion and fentence of banifhment, or of fuch conditional par. don refpeftively. VII.. Provided neverthelefs. That nothing herein contained fhall be conftru- ed in any manner to reftrain, or prevent his Majefly, his heirs or lucceflbrs, to grant an abfolute and unconditional pardon to fuch offender, and to allow of hisy or her return to this Province. CHAP. II. An ACT for the Regulation of Special Juries, BE it enabled by the King's mofl excellent Majefly, by and with the advice and confent of the Legiflative Council and Afliembly of the Province of (/j&Acr Canada^ conflituted and affembled by virtue of, and under the authority of an Aft paffed in the Parliament of Great Britain^ intituled *' An Aft to repeal certain parts of an Aft paffed in the fourteenth year of his Majefly's reign, intituled, ^ An A£i for making more effeftual provifion for the government of the Pro- » vince ■•*•■ ^^ms Sitwi Parliament t. a-3. h the forthtk year If ii^wge i^ ThiMi k, D. iloisf. vince of Quebec in North America^ and 10 make further p'rovmon for the go- .veifoinent of the faid Province," and by the authority of the (amer ThaVl);om and ^fter the lirft day of March next, no perfon mall be returned by tl^ 3heriiF tQ ferye on any fpecial jury, who fliall not be alTefledy and pay afleU^ ments on the fum of three hundred pounds, or upwards. 4^ CHAP. III. iAn ACT for the more equal Reprefentation of the Commons of this Province m • Parliament^ and for the better defining the Qualification of Ele£lors. FOR the better reprefentation of the Commons of this Province in Parlia- ment, Be it enacted by the King's moft excellent Majefty, by and with the advice and cwnfen.t of the Legiflative Council and Aflembly of the Province qf 'Upptr Canada, conftituted and aflembled by virtue of, and under the authori- ty of an A6t paflTed in the Parliament of Great Britain, intituled, " An A6l %b rtpeal certain parts of an Aft pafled in the fourteenth year of his Ma- jefty \s reign, intituled, "An Aft for making teore efFedual provifion for the government of the Province of Quebec, in North America, and to make fur« ' ther provifion for the government of the faid Province," and by the authority of the lame. That from and after the end of the prefent Parliament, the repre- fentation of the Commons of this Province in the Houfe of Aflembly, ihall be in manner and form following, that is to fay ;— The Counties of Glengary and Prefcoit, fiiall be together reprefented by li«;r«(cntati«w two Members. i he Counties of Stormont and Ruflell, (hall together be reprefented by one Member. The Counties of Dundas, Grenville, Leeds, Frontenac, and Prince Ed- ward, be each reprefented by one Member. 1 he incorporated counties of Lenox and Addington, be together reprefent- ed by one Member. The Counties of Haftings and Northumberland, be together reprefented by one Member. The County of Durham, the EaR Riding of the County of York, and the County of Simcoe, be together reprefented by one Member. The Weft Riding of the County of York, the firft Riding of the County^ -of Lincoln, and the County of Haldimand, be together reprelented by two Members. The fecond, third and fourth Ridings of the County of Lincoln, be to- gether reprefented by two Members. The Counties of Oxford, Middlefex, and Norfolk, fliall together be repre- fented by one Member. • The County of Kent, fhall be reprefented by one Member. The County of Eilex, ftiall be reprelieuted by two Members. n. And be it further EnaBed by the Authority aforefaid. That no perfon (hall be confidcred as qualified to vote, or Ihall vote at the enfuiug election for a Member to reprefent the Commons of this Province in Provincial Parliament, who (hall have fworn allegiance to any foreign (late ; or have been a ftated re- sident in the dommions of the fame, unlefs fuch perfon fliall have been pre- vioufly and bona fide refident in this Province, or in fome other of the domi. nions of his Majefty, for, and during the term of foiir years then nejtt pre- ceding, and fhall have taken the oath of allegiance to his Majefty; and that on any future eiectjon, no iuch perfon or perlons ihall vote as aforefaid, until U 2 he, % lI- Quilifiutiat of EtcAori. J^e $i^i'S* Manner of con> virion when offender rcfiies io the iiHtiA, MmMCT of COB- vidtioa when offender does sot relide with- a the diftrift. Mo fliop-lceeper to fell lei's than «ne <]uart of Wine, biuiiy, Limltttioa of (rofecuuon. /n.% roHHikttar 9J Georii ike Third, A. D. ifoo. lomh ^rfim ?^,TEI| HUNTM ESgUIHE, LIEUTiNANT GOVERNOR, lie, or they fliall have been previoufly and bona fide refident in this ProviAe^ cr in Tome other of his MajeRy's dominions, for, and during the terra of fti ^enyear« next preceding, and fliall have taken the oath of allegiance to hit Wajefty. . CHAP. IV. 4n ApT yft excellent Majcfty, by au^ with the ^d- rv y' "nVrJ —-•>»•■-;•"•.-""■'-' and aflembly of the Province of Upper fanada, conftituted and affembled by virtue of, and under the authority of an Aft laffcd m the Darhamcnt of Great Bntam, intituled, •• An Aa to repeal certain parS Jf an Aft paffed in the fourteenth year of hig Majefty's reign, intituled, •• An Aft • 'iJ"'a J* ^^" Wcftual provtfioo for the government of the Province of Quebtc, in Mprth ^memo, and to nnak« iurther provifion for the government of the (aid Pro- vince ; ^n^ bytheauthontyofthefamf, Thatif any perfon or perfon» (ball, di- reaiy, or indiieaiy, fell any wme, brandy, rum, or other (pirituous liquor by Jetail wilbout licence for that purpofe preyioufly obtained, fuch perfon or pcrfons havine. if refident in thediflna m which the offence fliall have been committed, been furt?- moned to appear before iny th.ee or more of his Majefty'sjuftices of the peace, who areberebyauthorizedand impowercdtohear and derermine the matter. ^nd beimr iawluilyconv.aed thereof, by the oath of one credible wiinefe, (ball forfeit and pay the lura of twenty pounds of lawful money of this Province, to be l^yi^d with coft» ftfH^f''u''"^'^'^n°^!l*8oods and chattels of luch offender or offenders! °ri! I I?- "! ?? Pu'"l*^' ?u ' ^* P'"^ *°' ^^^ P^'*^"" «'■ P^'o"" informing, and thi other half :nto thebandsof his Mnjefiy's Receiver General, to and for the public ufei of this Province; and in default ot the (aid offender or offenders, having goods and chattels, from which the fa id penalty may be raifed, it ffiall and may be lawful for the <^aidjuftices t^ocornmithim, her, or them to the gaol of the diftria in which the oftence Ihall have been committed, for and during the fpnce of three calendar months. U.4nd be it further Enaaed by the Authority ajorefaid, That if any fuch offender or offenders, be not ulual y refident within the diflria in which the offence fhall have been committed, it fhall and may bebwful to» and for any one of his M iefty's juni- ces of the peace, in and for the diftria in which the offence fliall have been commit- ted, upon information upon oath made before him, to iflue his warrant lor apprehend- lop. luch offender or offenders, and to oblige him, her, or them, to enter it.tS recog. nuances with one or more fufficient furelics for his. her, or their appearance at fuch •me and place as (hall be appointed for the hearing of the faid complaint, or in de ault thereof, to commit h.m. her, or them for fafe cullody to the common gaol of the nl •/?). ^^^^"It TPJ'^"I ^^l^^ ^^"^ ''"" ^'"'7 ^^"^ ^"d determined. ill. And be ,t further EnaSed by the Authortty aforefaiJ, That from and after the fifth day of April now next enlumg, it (hall not be lawful to or for any (hop keeper licen- ced o (ell wine, brandy, rum, and other Ipirituous liquors by retail, to fell or vend he lame, m any iefs ouantity. oi by any fmaller mealute thai one quart ; and if any (iiop-keepcr or (hop teepcrs (hail from and alter the faid fifth da%f April fell! or vend any wine, l?randy, rum. or other fpirituous liquors, in lets quality, or by (raaH- cr mea(uie, than one quart, he. (he. or they (hall, (or fuch offence, forte.t and wy Jhe fum of twenty pounds, to be levied in manner and form herein before mentioned! and he monrts arifing therefrom, (hall be divided and applied in like mapner and li the fame ufes aa herem before is direaed. '«afi»s« -uu lu ti^n'Jl'^^lfrf^'iZix'^ *'i'^»^'^/«''^'dby*ke Authority aforefaid, That no informa- ivJe eTaoHSS'tlK^ rec^ved under this Aa. if more than (ix calendar month. ^i\c cujpled Imc^ tbi? USO)^ o( the offence committed. 1. . CHAP. V. ♦ A^ AQ to tUmxit and CMtkutt am Aa sitituhA ** a.. Aa t^ n .-J. Y._ .1 .... . _ J,THtrR,rA A. D.'* idoo. ig^ Counties within this Province," was limited to be and continue in force for, and du- ling the fpace of (even years ; and whereas the time limited in the faid A6i is now ejfr |iit;ed|andit being ntcetf.iry that the i'atne (hould be icvivcd and cenltnuedy^tBe it "iheieiore ena6tedDy the King's moft fxccllcnt MajeO.y, by and with the advice and Conient of the Legiflative Council and Aifembly of the Province of Upper Canada, conftituted and aflemb'led by virtue oi, and under the authuiity of an AH pail>d ih the Parliament of Great Britain, intituled *' An Aft to lepeal certain parts of an Aft palled in the fourteenth year of his Majefty's reign, intituled, "An Aft for making more effeftual provifion for the Government of the Province of Quebec in North A^ ^erica, and to make further provifion for the govetnment of the (aid Province," and bv the authority of the fame, That the laid Aft of the thirty-third year of his Mjjefiy's feigQ, and every part thersof, and eveiy claule, matter and thing therein contained, ire by the prefebt Aft revived and continued for, and during tbc fpace of eight years, and no longe«»~. CHAP. VI. An ACT /or making- a Temporary Provifion for the Regulation of Trade hetxveen this Provinc* and the United States 0} America, by Larj. or by Inland Navigation. \TtrHEREAS it may be expedient to carry into effeft that part of the Treaty of Ami- ' ' *^ ty, Commerce and Navigation, concluded between his Mijedy and the United plates oj America^ and figned at Loudon in the year of our Lord one ihuufand feyea hundred and ninety-four, which authorizes the levying and coHefting the fame duties upon articles imported into this Province from the United States of America by land or ihland'navigation, as the fame would be liable to if imported by the port of Q,uebeCt Be it enatted by the King's moft excellent Mijefty, by and w'th the advice and confent ot the Legiflative C luncil and AlTembly of the Province of Upper Canada, conflituted and aiTembied by virtue of, and under the authority uf an Aft p<{ifed in the Parliament oi Great Britain, intituled, " An Aft to repeal certain parts of an A6t palled in the fourteenth year of his Mijefiy's reign, intituled " An Aft for making more effe6tual provifion for the government of the Province of Quffcpc in North Amtnca, and to make further provifion for the government of the (aid Province ;" and by the authority of the (ame. That it (hall and may be lawful for the Governor, Lieutenant Governor, or perlon adminiftering the government of this Province, by and with the advice a> 1 confent of his Majefty's Executive Council, by order, or orders to be from time to time iliued, and publilhed, to eftablilh fuch ports of entry, and to make fuch other regulations for tUe purpofes atorefaid, and tor carrying on the tr;ide by land or inland navigation, between the people at,d territories ot his M jiily in ihis Pr vince.and the people and territories of the United States of Amerira, as may be necelfaiy, in order to carry inch pans of the faid Treaty into effect, and all, and every luch orders and regu- lations Ihall have the fame force, effett, and validity, as if the fame were herein parti- cul.trly repeated and ena6ied ; any Iaw,ibtute, cudutn, or ulagc to the contrary not- withftanding. 11. And be il further EnaHed bythe Authority afore faid. That this Aft (hall be in force until the fiiit day oi June, which will be in the year ot our Lord one thoul'and eight hundred and one, and from thence to the end of the next ieflioa of the Proviacial ^ai jiaa^ent, aqd 00 longer. Governor in Council may ef- tablifli ports of entry, and make regulation! for carrying on th« trade between this Province ana the Vloited States. id to rma- >Dth8 t :«r^' t . • , uled, vezal 1 ■; ■ , . " ■ ■ . t TU£ K • m !tPt{ 159 C. i.a. • fn tHe foriy^firjt feit ttf CeirgtAt Thifi. A. D. »8oi. FETiiR HUNTER. RfeuillEj.tUlItgNANT OOVKRNOR. £; I firfi Sifion THE STATUTES OF HIS MAJESTY'S PROVINCE OF Upper Canada. > \ PASSED IN THE FIRST SESSION OF THE THIRD PROVINCIAL PARIUMFNT OF UFPER CANAHi. MET AT YORK, ON THE TWENTY-EICHTH DAY OF MAY, IN THE FORTY- FIRST YEAR OF THE REIGN Oi OUR SOVEREIGN LORD GEORGE THE THIRD, AND PROROGUED ON THE NINTH DAY OF JULY FOLLOWING. m >m- PreamkU. CHAP. I. An ACT to continue an AH pafed in the thirty-fevtntk year of his Maje/lya reign, intituled, « An AB /or the better Jecuring the Province againit the King's Enemies.'" •yrrHEREAS ^n AA of the Provincial Parliatr.ent, paffed in the thirty- feventh year of his Majefty'g leign, and revived and continued by an Aft paffed in thethir- U -ninth year ot the fame reign, intituled, "An Aft for the better fecurinp this Province agama the King'i enemies." will expire at ti - end of the prefent feflion, ond whereas tt is expedient that the fame Uioiild continue for fome time longer Be it em^ied by ihe King's moft excellent M.^jcfty, by and with the advice and confent of the Legifldiive Council and Aifeinbly of the Province of Upper Canada, conflifuted and aflembled by virtue of, jnd under the authority of an Aft palfed in the Parlia- ment of Gnat Drttam. intHul.'d, " An Aft to repeal certain parts of an Aft paffed in the (curteenth year of his Majefty's reign, intituled, " An Aft for making mere ef- le«ual provihon for the government of the Province of Qutbec, in North America, and to make further provifion tor the government of the (aid Province," and by the au- thority of the lame. That the faid Aa (hall be, and is hereby continued for and during the fpace of two years, and from thence to the end of the then next feflJon of Parliament. CHAP. II. An ACr for the further Regulation of the Militia of this Province, and for the more effeltual Punijhment of Offenders againjl the Militia Laws. ^ITTTHEREAS in many inftances the fines, forfeitures and penalties impofed by the feveral Afts of the Legiflature of this Province, for vhc regulation of the Mi- litia, cannot be recovered by reafon that the oflTenders luvc not wherewithal to an- Upfe cooAituted Offenler* liiu L»w< ■'"'• fing CO pay the Of non-com* fniifiaiuii u(ii> errs dir''^ M«-ntVi» A. D..t8oi. 459 connituted and affembled by virt*ic of, arid tohdcr the Jathority 6f an A« palTed in the Parliament of Great Britain, intituled, "An Aft to repeal certaio parts of an A^ pafled in the fourteenth year of his Majefty'i reign, intituled, " An Aft for making more eflfeftual provifion for the government of the Province of (luebec, in J^orth America, and to make further provifion for the government of the laid Pro- vince," and by the authority of the fame. That when any perfon fliall have been convifled of any offence againfl any of thofe laws, which offence is not now punilh- ableby imprifonment, and lljall retufe to pay the fine, forfeiture or penalty impofed on fuch offender, it fliall and may be lawful to and for the Juflice or Juffices before jn, „,^y i»,,„». whom fuch perlon fhall have been convifted to commit fuch offender to the common ptiiocti Gaol of the Diftria, until he (ball pay and fat isfy fuch fine, forfeiture or penalty, togetl^er with the reafonable charges attending fuch conviftion. Provided nevertlielefs. That no pcifon or perfons fo committed (hall in any cafe be de- tained in cuflody longer than the fpace of one calendar month. II. And be it further Enaded by the Authority aforefaid, That no perfons who have been difcharged from his Majefly's fcrvice as noo-commiffioned officers Ihall be obliged to ferve in any flation in the Militia of this Province inferior to that which they held in his Majefty's fervice, unlefs having been noncommiffioned officers in the faid Militia, fcrvice. they may have been reduced according to law. III. i4/j(/6e»7iurfAi'r£n M..jefty thrS ^ n,, r CHAP. IV. ■-'.''' ^ .1.^0 eSeaand alio to conunuean Aa p.Jfed ,n ,be ih,r,y„M yar oj Z Maj^^s uut^ ^ MOST GRACIOUS SOVEREIGN, '-'•/'>^ Wn.<^». pU W^Ji!^^^.? »r'*'='« °/ Prov^fmnal Agreement were made and entered intoa't OuA^^H by the Comm.ffioners nonn.naled and appointed on behalf of the Province of uX^! Can;.daby h.s Excellency Peter Hunter Elquire, Lieutenant Governor of theS Prov.nce.by commifnon bearing d,te .he tw^nt/third day of Julyjn th[ ^^fh^^^^^ ^. ye..r ol your Maje^y's reign, in puriuance of, and under the authori.v of an A^l ?5 • ' fed in the thirty-iixlh year of your MdieftyVreien intin.l^H A Tr, H . .? ^^ the Lieutenant bovernor to nominatei 7 aSn't S ifll^nefs fbr the'ouJ.";f' therein men.. oned." and the CommiflionevJ^^nominard^^S^ppointed on ffi^ .ifnoner. to.rJat wUh^Co.nH.iorrn.^p-o'i.'.Xor'lo ^^^^^^^i^:^^ ' A^Z^^TklV^C^'^'^lr '^"'''" "mentioned." u'hiclTar.iclesa?* as follow" •' .H.ir .. ** ^ * ia.dCommiHioner. h.ving met and communicated to each othVt" ' he. relpea.ve powers and authorities, and having taken into conr,derat?o" and .na uiely deliberated upon the objects ot their appoimment. have unanlmoufl; aated ' th.t 3b a„ agrecn^ent entered .lUoon the twenty-einhlh rfly of lanuarv oni m^f. f i ' lev.nhundred and ninery.fev.n. and another a^reeSt^.ereiTnto^on^?^^^ day ot I-ebruary. one tliouland leven hundred and ninetv-eipht h^ZTn tul r r^ f.uuers of Upper and Lo^er Can.da. for the purPe?the^re,; m S d .r^^^^^^^^ exp.re and be at an end on .he ti.ftday ol Mirch o. this prc(en^"^. SVI „^^^^^ Jt it,±,!:'''! l!:iV^^^f:'/«5*.f"«!'" ='g^«^''*. «hat for the terttrof tMi^agreertebt. tb*'l . any.dfljuj to ibe laid jcturii oi Uuiies and drawbacks. AsTicLe % And cMfiriB<4' jfth C«». III. chap. 5, leviv. cd and contu nued. AiTicLE V. And it being 'ar«rriinc^ind l:nown','ti»'4t^»hr SfafM of Americah^vt pToceeded to levy the dutiei up«>n arlirleipaning Uoxn Vfftr Canada into th»irteV-t r^4>riflt, w*ii« hy Treaty with Grtat Britain ihey are aut^joriged to do ; The Com- milSaners ofUpptr Carsda do ftipulatc exprefRy that ihc fixth aTlicJt of the agreement hereby continued fhall be carried into effea with all pilBble diligence. .4bt»cvi yi,» And finally, ihU agreepient (half commence on the firfl dat of March now next enfulng, and flull be binding and continue in full force and cffeft umil the firR day of March, which will be in th^ year^af our Lord one Ihoufand eight hundred and five, and no longer. May U therefore pleafeyour mod eicellent Majefty that it may be enafled, and be it ena^rd by the King's mnft excellent Mi^jefty, by ^nd with thr advice and conffnt of the Legiflative Council and Afleinbly ot the Province of Upfer Canada cunfti- tuted arjd affembled by virtue of, and under the authoiity of an Aft nafled in the PaHfament of Grtat Britain, Intituled, •• An Aft to repeal certain parti of an Aft paffcd in the fourteenth year of ht» Majefly'i reign, intit iled, '• An A ^. for m;»lfinB more effeftual provifion for the government of the Province of Ciuebec, in NorHt Amtrica, and to make further provilion for the government of the laid Province " and by the authority ol the fame. That all and every part .f the provifional agreement herein belore particularly mentioned, and every chufe thereof be ratified, approved and confirmed, and the laid provifional agreement and « very claule thereof ii ratified' approved, and confirmed accordingly. ' II. And wherea* an Aft was paffed in the thirty ninth yearof vnnr Majefty's reign intituled, " An Aft to ratify, approve, and confirm the provifional *g — went made and entered into by CommiHioners on the part of this Province and Commiflioners en the part of the Province of Lowtr Canada," which Aft was at an end on the firtt day of March, In theyeai of our Lord onethoufand eight hundred and one. And whereas it is expedient and neceflTiry to renew and continue the faid Aft fcx- cept l^j^much of the tame as relates to the fufpending the operation of the fixth arti- cle of the therein recited provifional agreement), Br it theiefore enafted by the au- thority aforefaid. That all and every claufe (fjicepttng a» \% herrin before mentioned). ol)li^ation, penalty, fine, matter and thing in the bid Aft contained, be renewed continued, and enafted, and the lame is hereby renewed, continued, and enafted' accordingly, and all and every claule, obligation, penalty, fine, matter and thine therein contained (fxcepl as is herein before mentioned), Ihall have the fame efftft force and validity, lor and during the term of this Aft, as if the fame were herein particulaily repeated -.md let fonh. III. Andht tt further Enadtd by tht Authority aforefaid. That the Provincial Treafurer Ihall, and he is hereby authorized and required to receive the monies which now are or hereafter may become due and payalle from the laid Province of Lower Canada to this Province,, purluant and by virtue of this Aft, and of the articles ot provifional agietment herein belore ratified and confirmed, in the fame manner as he is direfted by the above tecited Aft hereby renewed and continued as aforefaid. IV. And be it further Enafted by the Authority aforefaid, That this Aft fliall have force and tfteft Irom the firft day of March, one thouland eight hundred and one and fliall continue to be in force to the fiill day of March, one thouland eight hundied and five, ^nd no longer, CHAP. V. An ACT /or f:ranting to his Majefiy, his heirs andfucceprt, to and for the ufa oftkh Province the Uke Duttes on good} and merchandue brought into this Province from the Uniied States of Ameiica as are now f aid on goods and merchandue imported ftom Great Britain and other flacei, MOST GRACIOUS SOVEREIGN. yiT^Eyour Majefly's moft dutiful and loyal fubjeftg the Commons of the Province of 'J Vfper Canada in Parliament aHembled, for the ufes of this Province, have freelv and voluntarily refolved to give and grant to your MsjeOy, your heirs and fucceHbrs; the fcveral duties herein after mentioned, and in fuch manner and form as herfjp al- ii Froviacial TrttaurcT. Contitvaac* et this tkO.. / Fnamlila. %mw *ifprf jjjjj- Pi.ti.tL *hi?fg?f1!fff Wifilft ^Mmh*" >»— fr.-i-h ^ x^a- y»»* *«*sjcny toit it ui«y be cnaft- ^fh;ii-A 169 G. 5: H thtijoriy-jirji year of GtorgiiU Thiri. A. D^ tSoi. % , . PtTEtt HUNTIR ISQUIRK, t«KOtl$Vl)VNT COVICRNOR, r .. i like durtci to b« Itvied on gooili and mer- chandixe im- ported into thit PtAviace froM the United 'State] of Amer« ica, at are now levied on goodi or miKbandixe m the Province of Lower Ca- nada for thc'ufe of this Pro- Ports of entrjr aud clearance. Governor, 'tec. to appoint CoU iUfton. Their dutiet. To report all •ntries. an4 ac- «DUat. 'CoUeftofs may appoint dcfu- •uci. Allowance lo Callectofi. Security "to be given by them. Terns of infw- courfe betvvsen thii Provin«« ' '4nd the'Uoited Slittei. tnbft excellent NfajeOyt by ind with iMe fOyXhi Afiembiy aircmbled by virtue of aod under the authority of in A6f ptflTed !n jrtat Britain, intittiled an Aft to repeal certain pivrli of )inAa'paff«li^ ed, and be it enabled and confent of da, conftituted and the Parliament of GrMf ; - ., ^... ^ — ^., r -r -, in the! fduWeenth vear ot hh Majefty's reigni InMtuled *• An AB. for tniltlriK ttiore *ff ' fieftual provision tc ♦' v r* 'rntncnt orthe 'Provhireof Qutbec la North Amtricdi!' and to make farth<,.' ,^1 iivc.i (..r the Government of the faid Proviric<," and by the - authority of th juie, "^.'n < f om and after the paflingof this Aft there flial| be ratfed, ' levied, colleAed and paid into the hands of the Receiver General, at Treaitircr of thii' Province^ to and for theufe of your Majefty, yourhclrsand fucceflbrs, and toandffor'' the ufes of this Province, the like duties on all goods and merchandize that may b**" imported or brought into this Province fropi any part, pott, or place, of or belonging tothe citizens of ihs United States oi America, aa are now levied and collcaed undcl' and by virtue of any Aft of the ParM ' ^real Britain, , or levied and coUeAed 1tf ' the Psovince of Lower Canada, tt> .ad tor the ufe a; il benefit of this Province, under' and by virtue of any provifional agreement in force between the Provinces of Ujp;p«r"' Canada and Lower Canada, and under and by virtue of any Aft or A6I§ palled in the' iaid 'Hi ovince of Lower Canane uf ibcm, in I'uch m«nncr^nd wife »• the Governor, Lieutenant Governor, or per- lb« adminiftering the Govrrnment of this Province, by and with the advice and con-, fent of the Executive Council thereof, Ihall for the belter collr''?'r\g pf the fame, nv . derand direft : And that it ftiall and may be lawful for the Governor, Lieutenant Go- ^ vernor, or perfcm adminiHering the Government, under his hand and leal atatms, to ' ■nominate and appoint one or more collector or Collectors at the faid ports of et^try., and clearance, which faid collector or collectors, or bis or their deputy or dep^tiel,;2 ihall make his ontheir report to the faid Governor, Lieutenant Governor, or p^rfon,, adtniniftering the Government, of all ei!triee made at his or the» .refpeftive port or,, ports, and account to the Receiver General of the faid Province for all duties and k\'l aures levied, paid and made underaiid by virtue of any Aft or Afti qf the Parliament^ of Great Britain, or under and by authority of this Aft« at or before the expiration oft -every lix months, ' IW. And be 4t EnaSed by the Authority aforejaid, That the faid collefton Ihalln and they are hereby author ized to appoint one or more deputy or deputies in thei^^f- ^ Merj\ diftrifts, for the the better carrying Into tfffcft the proviiions of this Aft. ' '. IV. And be it further EndSed by the Authority aforefaid, Thut it (hall and may be law* ' ful for the Governor, Lieutenant Governor, or perlbn adminifiering 'the goy^ernment . of the laid Province, by and with theadviceand cbr^fentof the faidElxeci ,ve CouH* ' cil, to allovt' to each colleftor fifty pound* per cen,tum on the amount of dutieafoc6i«f^- lefter until the fame anloiint to one hundred pounds per annum and no more and ' the i^id colleftor or collectors fhall give fccurity by two lureties in five nundred pound! each, and himietf in one thoufand pound»«.toi the due performar of his oJP- , fice. V. Andbeitfut^her Enaaedby the Anfthority-afdrefgid, That all goo^ . and metcban- dize, whole importatiuii into this Proviaoe is noi, or (hall r.nt be entirely prohibited, may freely, Yor tbepurpofesof commerce^ be earned, broug jnd imported into the faniefrom the fai^v"'^'^ •$'(!'<'' in manaet stotefaid, >^^ bi« Majefty's iubjectsand by ** the Ci<^>ter« of the, faid Statet, upon the paymt.a of the leveral andrefpective 1 and melcbaildize from Great Bruutn or other irts beyond te feas. Provided always, Whit Dotbing in tbis Aa ^11 extend} ^"^ bcconftmed to cxicnd,to peioiit 01 allow V, v^ . any '•'■:1m TAM-pd^liitnent. €.5. inaoeif en tncrcban^ixe to bemiladen »t any place or placci, or at any other D ii or are fiertinafter roct^tiomd or ali4'Wcd..; 1 naBedhy ihe Anihoriiy ajortfaid, iha« no cftjty of entry (jbai) be pny- abU or levied or demanded by any colleAot or deputy on any peltHei brought by laftd uf HiUnd navigation int» iKia Provirtce, and that Indiatik baltine or repalGng with thfir proper ^oodcAiMi effieA»of whatVver nature, ftiall hot bt liibleto [t^y (6x fuch good* and cfteAs any impofl or duly wharever, unlefi the fam* ftiall be goodt in balca or other package! urmlual among Indians for their ntceffary ufe, which IhaM not be cqnfidercd as goods belonging bona fide to IndiaiM, or as good* intitled to Ihe foregoing exemption from duties and impofls ; that no higher or other toils or ralea^of feuu^e than wha^ arefir Oiall be payable by his Majcfty's lobjea», ihall be de»na»»ded by any perton or perrons of the dtizent of the United States of America, and that no duties under and by virtue of this A61 Ihall be payable ion any goods which (ball be nieicly carried over aoy of the portagn, or carryin); places #ithin this Province, for the purpofe of being imaiediateiy reimbarked and carried to fome other place or places. Provided nfvuthelels, th;>t the laf) mentioned exempt ioo from duty (liall extend only to fuch goods as arc carried in the u/ual and direa road aciois iuqh portages pr carrying phces, and are not attempted to be In any maauer fold or exchanged during their palTage acrofs the fame. y,H. And be it further Enaaed tfyt Ih* Authority aforefaid. That it fhall not be lawful to make entry of any vedel, boat, raft or carriage, or ».f any cargo or load, or of any goods, wares or merchandize imported into this Province from the laid United States, except at the ports of entry aforelaid. And that the colleaor or collcAors, duputy or deputies of aiwl for the laid ports, (ball attend every day except Sundays, Chrift- mas-day and Good Friday, at a certain place to be named for each pott, for the dif- charge of the duties of their refpeaive offices, between the hours of nine and twelve of ihr clock in the forenoon, and three and fix of the clock in Ihe afternoon, from the hia day of May to the firft day of OAober, and from ten to three frdm the firft day of Oaober to the lafl day of April. VIII. And be it further £nailed by the Authority aforefaid^ That all veflels, boats, rafts and carriages ot what kind or nature foever containing goods, wares or merchandize, pafling by or into the faid ports or either of them, Ihall be reported to the colledor or his deputy, and be fubjefci to vifitation and fearch by the colle:ior or his deputy eftablifhed at any of the faid ports, and that upon thearri>al of any veir I, boat, raft or carriage from any port or pUc,?, 10 the faid Lmited States at any of the ports aforefaid, the mafter or other perfon duly authorized, having the charge or command of fuch veffel, boat, raft or carriage, Ihall forthwith repair to the place io to be named as aforefaid at each of the laid ports^and fbali there report to the colleftor or his deputy, the arrival ( the faid veffel, boat, raft or carriage, together with the burthen, cargo or load of luch velfel, boat raft or carriage whether in packages or ft,owed loofe, of the ^jariicular marks an 1 numbers of each package, and the place or places, per ion or perfons to and lur which or whom they are refpec- tively configned or intended : and the faid mafter or perfoai having tlie charge o* the command of any fuch veliel, boat, raft or carriage, fhall further declare that no part of the cargo or load of fuch veffel, boat, raft or canriage, linco the Apartu of fuch veffel, boat af' ir carriage, frtwa the port or place in th ftiid United States, from which ue laid veflel, boat, raft or carriage fhall have failed or departed has been lar ied or unloaded, or othcrWtfe removed, except as he ihall then fpecify together with the caufe, time» place and itianiier, which faid reports and declarations refpcftively (hall be made in writing, fighed bjr the liarty making the fame, and (hall jjc attefted by his oath, or ai^JirmiiOn if oiie of the perioDB called Quakers, which the laid coUeilor or hw deploy is Fctlliii* Goodi In trtai. fitu. Entry of *tl» tell, boat!, &c. Atunilanccof CoUaAort. Manner cf proceeding on arrival of velkU hoaU, tK% 1^4 C. 5« Intht FBrtf'JirJiyear of Qt9Kgi^r^,ThirJk K.Ti, xtour Firjl S0§m PETfR UUNTIR BSQUIR£, LtlUTlNANT GOVERNOR. tiJ J Calle^M to make edim^te kiij give Lcrtili- C4(c and fumih How to aA, wiicd ^uujs from the United Staiet ai> ci*i licence to *9UU*ty. I i/'.Xtailiv. hereby autliorlited and required to adminiacr : and If tht Taid maftcr f>r ^r^on having the charge or command of any fuch veOel, boa-, raft or carriaKc, iliall liCjjUfl or uinii u) make ite fakl reports and declaration or either of ihem, or to attell the fame or cither of them, ^ii oMih t>r tttHrittation aforelkitf, at the tafe may requwc, he (hall for.every fuchorteiicc forfeit and pay a ftim hbt'lerjtHan five pounds, nor more than two hundred and fifty pounds, IX. And ke ii Jurthtr Enacted by iht AUihoriiy a/orrfaid, That in all cafes , where anydiuics are or (hall be by law impofcdand pa)ablco« anygood$,wares •• or mcrchaiidtze imported ffuru the faid United States, fo entered at any of the pons aforclaid, th<; coHcaor, or tieputy of the f jrt wliere the fame (hall be enured, Ihall make an ellimate of the amount of fuch duties, and the a- mount of the faid duties accordmg to the faid eftimate having be^n firft paid ' or (ifcured to be paid, purliiant to the provihons herein after contained, the laid cclleHor or his deputy (hall give a certificate thereof, and grant a permit tj land or unload the laid goods, wares or mtrchandize whereof fuch entry ii.ail liavc been i ) made, and then, and not otherwife, it (hall be lawful to > Uit'i vi unload the laid goods or proceed iherewiib. *■ ''"■f X. And be. U further EnaScd by the Authority a/orefatdj That when any perfon or perloiis ihall have occalion to remove by land or water from any port of entry atorefaid, to any other porifr place within this Province, any goods, wares or merchandize liable to pay duty, duly imported into any port aforclaid from the United Slates of America, on which the duties impofed by law iiiaU have been paid or Iccured to be paid, the colledor or deputy of any fuch port upon recjuihiion in writing for that purpofe made and (igned by .fuch perlon or perJons, and to fucn collettor or deputy delivered, fpecifVing the particular goods, wares and merchandize to be removed, and the nuinber of packages in which the fame are contained, with their marks and numbers, jH.all, and he is hereby required to give a proteBion in writing figncd by him th? laid colictior or dcpuiy, fpccifying the particular goods, wares and mer- phaiidize to be removed, the nuinber of the packages containing fuch goods, * wares and lueichandize, with the marks and numbers, and certifying that fuch goods, wares and merchantJizf have been duly entered in that port or harbour, , and thai the duties thereon have been paid or fecured to be paid : And the collettor or deputy giving fuch protection, fhall limit therein the time within witbni which fuch goods, wares or merchandize ihall be removed from fuch port, and alio the time within which the (aid protedion (haH be in force. XI. And U it further Enacted by the Artthority aforefaid. That any gopds, wares, or merchandize imported, or brought in or upon any veflTcl, boat, raft, or carriage, from any port or place in'thefaid United States, (hall not be un- laden or delivered from fuch velfcl, 1)031, rift, or carriage, at any port or harbour but in open day, that is to fay, betwceh the rifing and fetting of the futii except by fpecial licence for that purpofe fr6m the Collettor or deputy of llic port or harbour : And if^any goods, wares or merchandize (hall be unla- den or delivered contrary /td the diredions aforefaid, or cither of them, the mailer or perfon lipving. the commatid or charge of fuch veifel, boat, raft, or r xarriage, and every other perfon who (hall knowingly be concerned, or aiding iheiie^ror in removing or otherwife fecuring the faid goods, wareS: or mer^ r^haod^e, ifball forfeit and pay a futn Hot lefs than live pounds, nor exceeding fiftyipoattds fqr eacb-offetice, and 'ftil fuch goods, wares and merchandize (b unladen t3:(;;>^uj '^HUPaMiamtnt. C. 5. Intht firl^-fir0 ytaro/Gtorgt (kt Third, A. D. 1801. 165 unladen or 4 vered, (hall become forfeited, and may be feizcd by the fatd i^u^k^or or hU deputy : And where the value, atcordiiiK to the hinljcU nur umU, the vciicl, boat, raft iiliciMicc of ihc Tame, Ihall amount to twenty poum.a, ; or carriage, with the tackle, apparel, furn.turc, cattle, harnels, and hor e or horfe* thereto refpeaivcly belunmng, Ihall aUo become fcrk-.tcd, and Ihall and may b« lti2<:d by the faid Colleaor or deputy, fubicci neveithclcls to condcm- naiionby duecourfeof law. v^'j:- ' ' ' . . , . _ - . . . ^,1 -.-•.- -A_-r..j Ti... „«. goods, > ,. XII. And be it further EnaAed by the Authority afore/aid. That no goods, , .jlkrarea or merchandize liable to pay duty, iinpoiicd or brought into this Pro- !|.viote»nor uponany vellcl, boai, ralL or carnage, from any port or place in ,! the United Slates ol America, in or upon any vcild, boat, raft or carnage, re- quiring to be weighed, gauKcd, taled, or meted, in order u) alcertain the du- . l.es thereon, fhall be removed from any wharf, or place upon which the lame ';, may be landed, put, or delivered, before the fame (hall have been weighed, ','. gauRcd, talcd or meted, by, or under the direction of the Collector or deputy, '" v^hich he is hereby dirctted and required to pet lorui wiih all convenient IpeeU : , And if any fuch goods, wares or merchandize ihall be removed from fuch wharf or place, before the fame fhall have been fo weighed, gau^ea, laled or meted, the fame Ihall be forfeited, and may be leized by inch Collector or dc- puty, fubjetl nevenhelefs to condeinnaiion by due couric o» law. XIII. And be ttjurlher £nacled by the Authority ajorefaid, i'hat before the unlading of any goods, wares or merchandize imported, or brought imo this Province from the faid United Slates, on which any raies or duties are by law iinpofed, ihc faid talcs and duties (hall be paid or fecurcd 10 be paid 10 his Majcdy, his heirs and fuccedors, in like manner as the fame are now railed, levied, collcded and recovered under and by virtue of any Aci of the Britilh Lcgiflature, relating to the cultonis and trade of his Majelly's Colonies in America, and under and by virtue of any Act of the Provincial Parliament of the Province of Lower Canada. XIV. And be It further £naSled by the Authority afore faid^ That it fhall and may be lawful for the Collector or deputy of any port or harbour aforelaid, ,4.^-afier entry made of any goods, wares or merchandize, on fulpicion of fraud, ,, to open and examine in the prefence of two or more reputable perfbns, any !„ package or packages thereof, and il upon examinaiion they (hall be found to ■agree with the enties, the faid CoUedor or deputy fhall caufe the fame to be lepacked and delivered to the faid owner or claimant forthwith, and the cx- pence of fuch examination fltali be paid by the laid Collector or deputy ; but if any of the packages fo examined fliall be found to difter in ibeir contents '•"!' from the entry, then ihe goods, wares and merchandize contained in (uch pack- "' age or packages (hall be forfeited ; fubjccl neverthelels to condemnation ac- cording to due courfe of law. Provided always, Thit the faid forfeiture fhall not be incurred if it (hall be made appear to the faiisfabtion of the faid Codec- Koror deputy, or of the court in which a profecution for the torfeituje fhall i>t: had, that fuch difference proceeded from midake or accident j and not frooi an iritcntion to defraud the revenue. s- . ^V. And be it Enabled by the Authority aforefaidy That all goods, ware« or merchandize which Ihnll be imported or brought by land or by inland navigation into this Province from the faid United States, and which ffaaH not DC Cimcfcii accotUing to inc GiroctKiii or tnjs act, at in€ port or naiOuui' where an^ goods, wares or merchandise liialUruve or be brought, (hall be forfi^ited. No goodi ru- ble to July (liJill be removed Iruia the pUce ot'laa. (lin| ui.til weigll cd, g.iug'-d, ul- ed, «r maiti. Dutiei h' m fiUl orfecured betore unltding the |oo4i. On fufpiciaA •f fraud, eianik* aaiioii of goodii in whatmannM t«be mftda. Torftinww where (oodi D«t (Olered accof£- ing 10 dire£t>«W •TtliwAa. ■n il i66 Q. f- 1 '&i Wreffioni for CoIlL'Ciort or (heir dcfiutiek to frarch lor gooils fufjieded not to be enter- ed. Penalty for buying goods li. able to-4«iBiir(. Oao*" " ^ • S* yt togetherwith the v^flbl, boat, raft oj. fc^iage in or upon which the htlT^ .t ho'lr' *''•^"^-^»'^,^» ""ported, audThe tackle, ap7ae' trniu^e,**?. roll H ""' f'*''^'' and harrtefs thereunto refpefclivei; bi^ong ng. Aad iS^ Coliedor or deputy of the faid port or harbour and all other (JolleftoS aS deputies, or other perfon or peffons by them fW that paSe eH^eci^^^^^^ pouHcd, ttiall have full power and authority to enter into a^d upon fjy Vefll?" boat raft or carnage ta which he or they fhall have reafoh to fufped any good., wares or merchandizes not entered is aforefaid to be conceafedV anS therein to fearch for fe.ze and fecure any fuch goods, wares or merchandiz"* and ,f he or they (hail have caufe to fufped that any fuch goods' wares o7mT,i chandue are concealed in any particular dwelling houfrfto erbu Id ng o^ other place they or euher of them fliall upon application upon oath to an J Jurt.ce of the Peace be entitled to a warrant to enter, taking w^'hthem a Cch? 7*/"'^'^°'' or other place (in the day tirie only) and ther^tj fearch for fuch goods, wares or merchandize, and if any fhall be found, tS ieize and lecure the lame for trial : and if any perfon or perfons Ihal conceal orihall buy any goods, wares or merchandizeVknowing them to be liable to fe.zure by this Ad, luch perfon or perfons on convidion thereof, fl,all forfdt ^n:t::^:^ ^^ ^'^ ^°°^^' -- - --^-^-^ ^^ conceal: XVI. And be it EnaHed by the Authority aforefaid. That all goods, wares and merchandize whereol the .mportafion is not, Ld (hall not be Se y pro hibued, m.y free y for the purpofes of commerce,be carried and exportL^d ?^ee and exempt ofalldut.es what foever from and out of this Province into he faid UnlSldSutes?'"'' ^ ''^'•^'"^'' ^'''^^'^' '' ^^ the citizens of the laid thP^iy/v'^f^nl^'^/^''^^''.^"''^''' ^^ i^' ^"'^''"^■^-^ ''M/^i^^ That it fhall be heduty of all col.eaorsanddeput.es whatfoever to fbize and fecure any vef- el, boat, raft or carnage, goods, wares or merchandize which fliall be liable to lazureby v.rtue of this Ad, as well without as within their refpedive dirtrids w.fh.n th.s Province, and all goods, wares and merchandize which fhall be feiz- ed hy virtue of this Ad, fhall remain in the cuftody of the perfon feizing the fame uni.l fuch proceedings fhall be had, as by law are required, to afclrtaJ^ Yhethcr the amc have been forfeued or not : And all penalties a^d forfeiture^ •• enaded by this Ad, fhall be recovered and declared in his Maiefty's Court of Kings Bench in this Province, in the fame manner and form, and upon the fame evidence and by the f^me rules and regulations, as any penalties and for-' ftnures mcurred for any offences againft the laws relating to the culloms andj uade of his Majefty s colonies ,n Amenca,may now be recovered and declared' forfeited in fuch courts refpedively. And in ail cafes of condemna.ion or of penalties and forfeiture incurred by virtue of this Ad, after dcduding the charges ofprofccution from the grofs produce thereof, the remainder fhall he S the fa to his Majefty, and the other half to the peifoii/ XVIII. And be it further EnaBed by the Authority aforefaid. That all veflcfs boats, rafts or carriages which fhall be feized in purfuanciand by virtue of this Ad, or of any Ad or Ads of the Parjlarqent of Great Britain, and which fhall . ~ - ". --"^ i«a|«t^ = -wuurs iii A..in^ s ccncn, i^m Dc iuid by public 4 Vro'/iltons is cafe of aAioM or profecucion fcT thini;> doire tinder th.;> At^. Third ParHament C. 5. In th forfy-firjl ;;iar 0/ George the Third. A. T). i%ot. t^j ■ '''"\ ■ ' '' ' ... aufVion to thebeft bidder, by the coUe£tof or deputy of the port or barbour where the faric (haH be feizcd, and at the place where luch veirels, boats, rafts q[^ (IttrsH^es'fliall be feized. ^ , vie IX.. And be ii Enatted iy the Ai^io'rity afore/aid. That i f any colleQpr or i^puty^ pp other perfon executing or aiding^ in th6 (eizure of any vefiel, boat, raft or carriage? cattle, horfe or harfes, harnefs, tackle, apparel or furniture, gDod;>, wares or merchandize, or other thing whatfoever, (hail be lued or pro- ffljcwted for any thing done in virtue of the powers of this A61 ; or by virtue of a vjarrant granted toany jultice of the Peace, purfuant to law, fuch officer or o- ther perfon may plead the general iffue and give this Act and the fpecial matter in evidence ; and if in fuch fuit the plaiiniif ihall be nonfuited or j udgment pafs againft him, the defendant (hall recover doiible oofts, and in cafe any informa- tion (hall be commenced and brought to trial on account of the feizure of any Vffl'el, boat, raft or carriage, cattle, horfe or horfes, harnefs, tackle, apparel, furniture, goods, wares, merchandize or other things whatfoever as forfeitied by this Act, wherein a judgment fhall be given for .the daimant, and it fhall appear to the Court before whom the fame (hall be tried, that there was a prp- " v ' bable caufe of feizupe, the court fhall certify on the record that there was a '] probable caufe for feizittg the fame, and in fuch cafe the defendant fhall not be entitled to any cofts whatfoever, nor fhall the perlbns who feized be li^h^e , tetany action or profecution on account of fuch feizure : And in cafe any ^c^, j tion or profecution fhaM be commenced and brought to trial agannii iiuy perlph whatfoever on aocoont of the fer4;ing any fuch veHel, boat, raft, or carriage,!., cattle, horfe or horfes, harnefs, tackle, apparel, furniture, goodj, wares or mer- chandize,or other thing.where no information (hall be commenced or brought io trial 10 condemn the fame, and a judgment fhall be given upon iuch afclion or profecution againlt the defendant or defendants, if the court, before whom fuch aftion or profecution nvay be brought, fliall certify in like manner as a- foreftiid,ihat there was a probaftxle caufe for fuch feizure, tliien the plaintiff, be- fides the veflel, boat, raft or carriage, cattle, hot^fe or horHes, Iwrnefs, taokk, apparel, furniture, goods, wares, merchandize or other thing or things fo fciz- edi or the vaiiue thereof, fhall not be entitled to above one fhilling damages, .■ nor to any cofts of fuit, nor fhall the defendant in any luch a8ion or proiisca- 'tion be fined above oneihilling ; Provided always, and be it enacted by the authority afbrelaid, Tliat all and every iuch goods, wares ar merdiandize, veC- Wh«n*ifwtt lei, boat, raft, or carriage, •hwric'or horfes, catule, harnefs j tackle, apparel, or fo^wef'*""** tfurniture, which ifhall be fo feized arid condemned, thall be advertified for falc on^aclay certain, not'lefs than fifteen days after fuch condemnation. XX. And be it further Enabled by the Authority aforefaid^ That thcCoUec tots and deputies of the laid p»rts and harbours fhall caufe to be affixed and kept in fbme public and confpicuons place in their ofhces, a fair table of the fees tobe taken and recedvcd by thefaid CoUedors and deputies, which fees 4hall be as follows : — For every report of the arnval of and -permit to unload any vefTel, bsiat or ;batteau tinder five tons burthen — Que fhdling and three pence., 'Ditto of any weffel, &c. af Ifiwc tons «r upwards, and not eiKceeding fifty tons — Two fhillings and fix-pence. Ditto of any v^fiielj &c. excceiUng fi&y tons-— T«ii fiullings. Tahle of fees (• he affixed in tha Colle£t«r'i of- fice. iP It I -1 I'l fi -..f^.~.if-^ i^^ik.^'.iji >,M-u:%. .' :.r ¥ f i Feaaltiei for taking more than legal feci. Namei at the placci where Colleiflc i-s are to be appointed, •nd ihtii- ref- fcaivediftr^l. %. »68 C. 5 6. In ihe forty. jirjly tar of George the Third. A. D. i8oi. FirjtSifioii PETfia HUNTER JES^JUIRE, LIEUTBNANT. GOVERNOR. Ditto of any waggon, cart, Heigh, or other carriage— -Four-pcnCe. *«»**?# l-or every rntry of goods imported by water communication— One (hillinir and three-pence. " For dittodKto by any waggon, cart, fleigh, orother conveyance-Six-pencel* For every certihcatc of goods having paid duty and proteaion— Six-pence. "i V f"^ 7°,"? ^"'' payment of duties— Two (hillings and fix-pencc. I rT . ^' H/urtlur Enaaed by the Authority aforefaid. That if any Col-' ledor or deputy at any port or harbour fhall demand or receive any greater or other fee, compenfation or reward for executing any duty or ferv ice required of hun by law, he Ihall forfeit and pay the fum of^ fifty pounds for each ofV a"r^v' rie^'T' *" *"* Majeftys Court of King's Bench, to the ufe of the I ^^^^'^'^^^' it further EnaSed by the Authority aforefaid. That the Col- ledors and their precincts fhall be as follow :— A Collector at Cornwall for the Eallern Dillrict. At johnltown for the Dillrict of Johnflown. At Kingfton for the Midland Dillrict. At Newcallle for the Counties of Northumberland and Durham At York for (he remainder of the Home Dillrict. ^At Niagara for die firU, fccond and third Ridings of the County of Lin- ' At Fort Erie for the remainder of the Diftrict of Niagara and County of At ' vrkey Point for the Diftrict of London. ^ At ^^ndvacb for the Weilerii Diftrict. CHAP. VI. At ACr to remove, doubts with refpect to the authority under which the Courts of f'^nfral Quarter Sejtons of the Peace and other Courts have been eredtd and ^nuen, and other matters relating to the admmijlration of Jtijlice dnne tn the jeueral Dijlnas of this Province, and alfo to fix the times, of holding the W Courts of General Quarter Sejions of the Peace m and for the fame. HLREAS doubts have arifen with refpect to the authority under whicH the Courts of (;eneral Quarter SefGons of the Peace, the Dillrict Courts, the Surrogate Courts and the Courts of Rrquefts have been erected ^ud arc now holden in the leveral Diftiicts of this Province, and alfo the au ihonty undor which Commiflions of the Peace, Commiflions ol A Hi ze and Nil. Iruis, Commifhons of Oyer and Termfner, Commiffions to Sheriffs and other perlonsconterned i» the adminiftration of fuftice, have been iHued in and for the laid Diftricts refpectively, for removalof fuch doubts. Be it decla-' '■ red and cnafcjcd by tho King's moft excellent Majefly,bv and with the advice and conlentof the Lcgiilative Council and Afrcmbly of 'the Province of Uober Canada, conllituted and afrembi.d by virtue of, and under the authority of an AH pafled in the Parliament of Great Britain, intituled, " An Ad to re- ' peal certain parts of an AH pafled in the fourteenth year of his Majefty's reian intituled, « An Ati for making morecffeaual provilion for the government of cl^Srclr' 't"" ^'""'"" "'^ C«**«» in North America, and to make furthefprovifion for Mm,, Ac. the j^overnment of tl»e laid Province," and by the authority of the fam'e. And U is.tocreby declared and enacted, that the autharity utidcr which the faid Courts Preambls, Timf J of h«)d- Stfflom. nm.f^rnamenl C. 67. In the Forty-M y^*^ ^J Gtf>rgt tht Third. A. D. i»0». 16^ Courts and Commiffions have been erected, holden and ilTued, and alfoall matters and things done by or by virtue of the fame are fo far as relates to the authority under which the fame have been fo erected, holden, tflued and doi^Ck. g'aocPartd val.d to all intents and purpofes whatfoever, and thauhc provihon* Sf all the Acts of the Legidature of this Province re peeling the iaui Courts and Comminions, or any of them, are hereby declared to ^/'»7d,«"^,^^'" ^^^^ (except as herein after meniioned) in each and every the laid dillucts ref- ^"\L%bcitMher Enaacd by the Authority '^Mf^Y^^'^^^Z'^^^ General Quarter Selhons of the Peace .n and for the Weltern Diftr ct, the Dd. tTfc"of Nhagara, and the Home Diftrict refpectively, ftiall be holden in the town! of Sandwich, N.agara and York, on the fea>nd Tuefday m the months nf^ lanuarv. April, I uly and October. .. « • j ' aI rtS'the^fatdtirts of General Quarter Seffions f the Peace in and for the Dillrict of London, ihall be holden in the town of Charloticville, on the fecond Tuefday in the months of March, June, September and December AnT.hat the faid Courts of General Quarter Sefi.ons of the Peac^ in and for^l^ Midland Dillnct, Jhall be holden in the town ot Adolphus Town on the oud Tuefday in the month of January, and on the fecond Tuefday , in the inonth of luly! and in the town of K.ngltpn on the l<,urth Tuefday in the tne monm 01 j y rueiday in the month ol October. "^In'dltS Co ' t" GeS Quarter'sefiions of the Peace in and for^ And that tne y^ouvi> m , . >; ;„ ^^^ i^wn of lohnftown on the third '^;lJ£tZ^^m rrovifio« »ef. ondoa Johnftowa* FriiMk]«. viaim tjo C. 7-8. u Appoiatment in every diftriA, of Iiifpedori of flour, pot and pearl alhti. Oathteliclakta by iiilpetlori. Method of ex- imiiiiiig flour, pot and peal klhes, & mark- ing th« caflli la wjncli ihey are conuiasil. t'fes allowed to tfat inff e£iori. 'yrcamkU, Ko perfon to IcU Mt butcr In the forty Jirji year of George the Third. A. D. i8oi, Firji Sefion PETER HUNTER ESOUIRE, ^EVTENANT GOVERNOR. < V ■ ■ ^' i • . • ■ i / - *»,' Jt and after the paflTing of this Act, it fhall and may be lawful for the Governor, Lieutenant Governor, or perfon adminillering the Government for the time being, to apppoint one or more perfon? in every diftrict of this Province, it fuch place or places as he Ihall deem proper, as Infpcctor or Infpectors, of Flour, Pot and Pearl Alhes, and the faid Infpector or Infpectors, before he or they fhall enter upon the execution of fuch oiiice, fliall take the following, oath : II. / do Jtncerely /wear, that I will faithfully and impartially, and according to the beji oj myjktll and under/landing, execute the o^ceand duty ofan InfpeBor or examiner of Flour, or Pot and Pearl afhes (as the cafe may be) ac- cording to the true intent and meaning oj an A£l oJ this Province, intituled, " An Act to authorize the Governor, Lieutenant Governor, or per Jon admintjlering the Government, to appoint Infpectors of Flour, Pot and Pearl ajhes -within this PrO' vtnce." So help me God. f III. And be it further EnaEied by the Authority aforefaid. That it fliall an(^ may be lawful for any perfon or perfons, having Flour, Pot or Pearf afhes for fale, to call upon the Infpedor to examine the fame, who is hereby autho- rized and required to examine fuch Flour, by boring the head of the calk, and- piercing through the Flour, with the ulual inltrumcnt, in order to prove whe- ther it be honeltly and truly packed, and to judge of its quality j and the faid Infpetlor lliall declare the quality of the fame, by marking it as fuperfine, fine, or middling, and if unl'ound or loured, he Ihall alio mark the fame on the head of each calk, and in the cafe of Pot and Pearl afhes, the Infpector is h«:rcbv authorized and required to unpack the caflc or cafks in which it is con- tained, and to repack the fame, and he Ihall declare the quality thereof, by marking each calk as firll, fecond or third fort, or merely falts, as the cafe may be. IV. And he it further Enacted by the avihority aforefaid. That it fhall and may be lawful lor fuch Infpector to afk and receive of and from the perfon • calling upon him to fearch and examine Flour, Pot and Pearl afhes as afore- faid ,for every barrel of Flour, three pence, and for every cafk of Pot and Pearl alhes, one Ihilling. CHAP. VIII. An ACT to prevent the fale oJ Spirituous Liquors and frong waters in the tract occupied by the Mo,»jian Indians on the River Thames, in the Weflern Di/lrict. WHEREAS it is neceffary for the comfort of the Moravian Indians in* habiting that certain tract of land on each fide of the River Thames, called the townfhip of Orford, and for the better regulation of the faid Indi- ans, that no rum or fpirituous liquors fhould be fold within that townfhip : Be it enacted by the King's molt excellent Majefty, by and with the advice and confent of the Legiflative Council and Affembly of the Province o\ Upper Canada, conftituted and affcmbled by virtue of, and under the authotiiy of an Ad paired in the Parliament of Great Britain, intituled, " An Ad to re- peal certain parts of an Ad paflcd in the fourteenth year of his Majcf- ly's reign, intituled, " An Aft for making more effedual provifion for the government of the Province of Quebec, in North America, and to .nake fur. iher provifion for the government of the faid Province," and by the authority of the fame^ That from and after the paSinji of this Act, it ihall not De Uwful ■ Tof «e"i^^ ^A Third Parliament, C. 9.10. In the forty.jirji year t/Giorge the Third. A. D.* 1801. 171 for any perfon or perfons whatfoever, to fell or barter any rum, brandy, whif- occn- to ky, or'othcr fpiritu'ous liquors, mr ftrong waters, within the laid tract, pied by the faid I ndians. , -r II. And be it further Enacted by the Authority a/or frcMf^klf. 17ft C. ^10-1 1. Jti the farty-firfi year of George 'the Thirl A' D. i9oi. "^tii^J^^^n PETER HUNTER ES(JUiRE, LIEUTENANT GOVERNOR. V. Provided neverthelefs, and he it further Enacted by the authoriiy a/orefaid^. That this Act fliatl not take effect, until the firll day of November next. CHAP. X. An ACT to regulate the Statute Labour to be done upon the Roads in the trait occupied by the Huron Indians in the County of Ejex, in the Wejlern Dijirut. AaT HEKEAS it is necelfary that the road which palle* through the tra6t occw* ▼ T pied by the Huron Indi;»ii». in theComity oi EHex, iliould be kept in good re- pair, Be It therefore enacted by the King'sinofl excellent Mjjcfty, by and with the advice and confent oi the Lct;iHitive Council and AHetnb.'y of the Province of Upper Cana- da, conflituted and aliembled by virtue of, and under the authority of an Act paifed in the Parliament of Grtat liritain, intituled, •« An Act to repeal certain parts of an Act p,.{i;rd in the fourteenth year of his Majefty's reign. Intituled, •• An Act foC in.ihtig m. re effectual provilion for the government of the Province of Quffcff i^ Nvnh America, and to malrc lurther provilion for the government of the laid Pro- vince," and by the authority of the lame, Be it ena«ed, that the King's hich road which Icadi through the faid tra«, between the townlhip of Maiden, and the town* Ihip of Sandwich, be kept in good and futticient repair, by the inhabitanta of the f«id townlhips, that is to (ay, the (outhern half of the laid road by each and every' perion living within and inhabiting the townlhipof Maiden and the northern half of th- (aid road, by cich and every peifon living within and inhabiting the townlhio 01 Sindwich. ^ II. And be it further EnaEted ly the Authority aforefaid. That the brldpe which has been eredted over the River aux C.inirds, Ih.ill be, and i« hereby dire^ed to be kept in good and hifficient repiir, by the inhahit.ints of the aforef.iid Townthips generally HI. And he it j art her Enatled by the Authority aforefaid, That if any peifon as afor'e- liM.i, Ihall refufe to woik upon the laid road, or towaids the repair of the laid bridge after he Ihali hive b.eii warned (0 !o do, according t« law ; it (h?ll and may be law- ful for any one magiMrate to iHue his warrant to bring (uch offender before him and to inHirt fueh pumihinent is may now be infilled upon any defaulter, for neclea or reluhl t.» work upon any other his M.ij-fty's highways in this Province. IV. Andhe it Jinther Buiicd by the Authority ajorefaid, That' the (latute labour hereitt direftfd, is nut to extend beyond the quota of (latute labour as now reculated bv law but is to be a part thereof. ' ' CHAP. XI. An ACT to prevent the Ads of the Legt/lature from taking effect from a time prior to the pajjtng. thereof. "V^JhEREAS every Aft of the Legifliture of this Provinre in which the com- ▼ ▼ mencement thereof is not dire'« '"^-S". '"«*- pea^l cevtain part* of an Aa P''"^'* '" ''if J^^^^^^^^^^^^^ °L gove/nmr nt of the Pio- fuled. V^"^^^5''^;J;hKc ''fnd o V ur.h^ prSv-lion for tile govcra- vinceof Quebec, in North America. »"" °V r ,-.,-(3016. That Iroin and out ol ^cnt of Uie faid Province, and by '^''.^"''j°\''^Y,^;d „Thercafte.- to be railed, le- the rate, and duties already ra.fed, l^^'*^^,;"^," ';f„7 "e falar^^ of the office,, of vied and collected, to and for »*).« P"^P"'" °J, ''""S or defraying the contingent theLcgHl.uivcCounc.UndHouleot A«re'^..^ly. ''Jf "^^ granted to ht. expences thereof, and '° ^'"d fo^he u Is o th^ P^^^^^^^ ^h ^^^^^^.^^^^^ ,^ r^fflou oMh J^v S Vln tb? R^fetier GeJ..al'.'hands to the uies here ^,;!'':^^:^::i:^ff^^r^ ^he fo.l.>..ng -Pe-e. t at .. to (ay.^^^^ ^^ ^^^^^^^^^ ThJae^r^f r ^^S;^-n^i:^^'Stid and-mny.flv. pouted. ?^:Krt ^S.S -;i^S^ rLijjnuive Council, .fty pounds. noiinds. er j Th.S"p".in "•"*'■ H„„re .t AffertUy, .hi,.y pound.. Th.'.-" Co,"So-.c,.toLo.nC.n,da,on.hu„d,.d pound. «ch. ..o huod«d pound>. - ^,sttVicnof ihfpitfentStnion, J.follo»i: TheClHk „f.jL'4'u..rivrCou„cil. o^. hund.cd and ,..„.y.B« pound.. ?S: ffinViSX 3-S ."wX^'-'ve CounciU «..y pound.. »73 '; 'II ol I'ruviasitl fuiiUi« I 1 ;>! i^;i m {fi Future applica. tion. '74 e. la-t. /nM<'* ?"•?/'/ Zhfu^ theKine'.moft excellent M.jefty, by and wuh the advice "d content ot the Le- giSatve^cSSncil and AlfJmbly /of Upper Can.da, -f 1'"',^ '?arlifment of h^i virtue of and under the aathority of an Aft pafTed in the Farliamcnt ot Gr JSnVlntUuled an Aft to repeal certain parts of an Aa paffed in the ourteenth v«?^»» h^MaX^^^^^ intituled •• An Aft for making more cffeftual piov.fion ?or the Governmen o^he Province of (Quebec in Uorth ^mc-nra and to make fur- °herpro^Son?or the Government of the iM Province," and ^^V '^e =.uthonty of he W That at anv time during the fpace ol two years Irom and after the expiration of't^'eut^ m7nt'ioned Aftf it fha?| and may Je [^^ ' mem'o/ thJ. Pro'trnTTo Co..i... . 1 ieutenant Governor, or pcrfon adminilleting the Government oMhi. »^"fo^'"'=*' J^ iffu,. iCfuch and fo many Commiffion. under the Great Seal ol thi. Province, for each illue lucnanaiouid ly v^uw -__...,. • r...k ^Q»r>*r anH form, and to be directed Judges t» be Commifiianeri. one, ty'. if thi. rrovince, or one oi mc juim-to wi »..~ •• -■ — . o .. . , Ihich faid Comm.ffioners or any three of them, in cafes m -^hich his M.jel tv'. -euer. pa ent havTVot « yet been made out. a,ali. by and undtr the au.hurUy Lrfuch ComSon or Commiffion., have power to liear and determine m minne hereinaftenpcc fied. all claims to lands, or to a lien or liens upon land. nh>s hcreinaiter ipccincu oiiijinal nominee or nominees lliall be r°'a"'.o havr accrued oxiOed prior to the paifing of this Aft. and refpeHing iTch and. no report ha. been Sender the faiS former Afts. whether luch cbun, j£ fbe fet up b7thc original nominee or nominees thereof, or by perfon. clarming ^lolufetitre'l.nderfuch Nominee or nomin.5e8. or as mortgage creditors of. or un- der fuh nominee or nominee. ; Provided the original nominee or no.|;^^nce» tound ed his he°or their claimor claims under the authority of Genenl H^'^'™;"**.,^"- Sicates Lieutenant Govi^rnor Hamilton's certificates, the Surveyor GcaeialsDe- oart^em Land^^^^ Magiftrates recommendations. Treaury Ticket, for Canada Bounty, and Oideis in Council, or any other authority m any wife de- "',f 'Td t^'i^l'd hy the Auihorlty cforefaid, That it n^all and may be lawful to .nl fof all and every perfon or perlons fetting up fuch claim, a. afore laid, either in ni?(un ir by agent^^uly authon^ed. to come'beloie and produce to luch Cornrntf- perlun, "J ''Vf,^'" " whereof the laid Chief Juftice. or fome one of the b 1 utlke oVthe fa°d CW of King's Bench, Ihall bj one. all luch document. H A Jinces as he the or they may be in poileffion of. for the purpofe of fat.sty- ?n2 ful Commiffio^^^^^ the\al,dity of fuch claim or claims a. he, fl^ ^r.^v (haTl or mtv let up to any fuch lands a. aforefa.d. for which purpole luch ?Lm £e c^ aoiUe of them.^re and is hereby authorized and empowered to ^ZnifteXch oath or oaths either to the parly or parties claiming, or to the w.t- admininer J^uch oatn or oa r / ^^ ^^ whether the lame be i: ;:;nTb^ft an'd' u" "i. lubjeft and the Crown, a. Ihall be judged ^J .nd ixnedknt : and alfo by lummot.s under the hgnaturc of any one ol the F,?/camlKes ti r quire the attendance of all inch performs whole evidence faid ^•^^•^XeHe^^^ alcertain the valid.ty of any fuch claim or claims, or to B,a) ''« "^f'°,"™^^^^^ and in luch lummons alfo to order the produc- rP'^nl alf luch book pa%" ad documents as Ihall be m the cuftody or power of Jnv"fS h P«ron or pe oK .^holc attendance (hall be lo required by luch lummons ?nLch manner as luch Comm.lfioner or Commiffioners hguing luch lumrinons ihall aJmexpatnt? which lum.pons all and every perlon and perfon. to whom he deem «*P'=°''V' ',':',' *^,- ...^ ^„ i.^iebv required to yield obedience to upon being ?'r trved therel'tL P ov dcfaiwlyrivertheleli. and it .s hereby declared. T\l he faid Co nm ffioners aa.ng under fuch authority a. aforelaid. are hereby au- t^ouz^ ud^^^^^ to lecctve'iucb wruteu ur oral teftimony as may be ptoduced How tiaimi to k« brou|ht ftr> ward. And fxnti. Commiflioncr* nay fummcn witntflfti, Ala T U ■f IK I *76 C. »; In the Pori^feftidyemr ef fietr^ttkt Third. A. D. i%o%. StCMnd St^m PETER HUNTKR ESQUIRE, LlEy TENANT GOVERNOR. to them whrthfr ihe rame he or he not cunfinent with the riilei of ewidenee |«idi down or eflablifhcd by the laws of England, and to give and allow luch furce ar\d pf- fea to luch tcniinony as judicc in etch relpc^ive cafe fliall in their judaui^nt ic- qutre. HI. Ami he it fvrthfr'Enaaed by the Authority aforefaid. That after the faid CommHIi- oncrs th^ll in virtue of (uch commiHioii or commidioni, have examined fuch claim or cldims ..8 it'orel.ud, they Ihall be at liberty either to rrjeft furh claim or clnms, or I.) 3l!o»v the ( .me, as in their judgment, jnAice and the equity and good confcicncc of the cde may req-iirr, withou,! ^ny regnrd to legal formsor lolemnities wbaiforvrr, and to report on the lame accordingly, wl^ich report fhall be final andconcKilive. and Keport to be AiireKti to the t'ovprnor, &c. in Council. In whjl cifcj Comminioneri m«> ftay report, AnJ order re- heating, And award colti. Notice of the fittii d nl the. Commillioiiers, And of claims. How Coinmif- fioncfs ll jii procitd wIkii thcie art i wo of nuire .i.ivcrie cbims. ■. — ' -- -.. ,-.-j,...-... , J v». niiu tiic ci^iiMv diiu gona conicirnce ot the cde may req-iirr, witbou,! ^ny regnrd to legal formsor lolemnities wbaiforvrr, and to report on tbc lame accordingly, which report fhall be final andconcKilive, and Hull beaddrril-d to the G, v frnor, Lieutfnsnt Governor, or Peilon admininering tbeGovtrninptit of thii Provirre in C unci) ; and from thenceforth, the Governor, Lieutrnint Guvernor, or Pprlon adtninifJering the Government of the Province, fjiall be at liberty, and he is hereby empowered and authorised to iflne his Myjrfly'i Let- ters Paiei I for the lands fpecified in (uch report, to the parly or parties, his, her or their heiis and affigns, in favour of whom luch report Iball h.ve been made in mari- ner afoicfaid. Provided alw,g to be iiiter- elled therein, be 1-lisfieu, or have realon to believe that iheicport lo far as concerns aiVy ptrticubrlot or lots olland, h s been o itained by furprile, or has been made erroneoiilly, or th^t another f.nh.ii tan Ihew a preter.ible chim to furh lot or lots of l;ind, aid that juftue rtqiiirfs ibat luc!. report Ibould be flaid, (o far as concerns fuch lot or lots cf laiiU ; that then it Ihall and may be lawful to and for the faid commif- fioncrs, nrany other commiffioneM wlto may (it in execution of the faid rommifR'n or any (ubftquenl comniilfion, to rehcai huh claim, or to let in nrw claims to fuch pir-.i.uldf lot or lotsct land, and upon li-ch reliearing, fuch Comminioners (hall he a| 111 eiiy to report on the cKtims to Le thei^upon bewrd, as if no report had before been rn.'tle, nnd luth commiffioners (hall alio l>e ai libeity, it they lliatl judge it expedient to jtidice, to Older any of the parties, ,it whtfe inflance Inch relicaring wa« obtained to ^.;^y (uch lum or (urns of money lo the p-ny or parlies in lavour of whom a Re- port liiiill ii;ive been fiiU made, asihey iball leejiif}, to be recovered in liltc manner ai the cofli and exi-enccsot wilnellesaie by this Att directed and authorized to be re- covered. 1\'. ProviMl mverlhikfs. arid he it further EnaBed ly the Authority afore faid, That the faid Comiiiiliione-s 'h.ill n.,t pn cctd to examine any (uch claim as alorefaid, unlelj they Iball h ve ranled roiice in wining ol ther intention to proceed upon the bufi- ne(sof tl e (aid C'omininion, to be hx.d up in (ome ctvn(picu.)us part oft he r^ffice of the Cleik (,f the Peace, .nid at thiee other the o(i public places of each D-Orift re- fp^r^tivciy, at le (i one month btlcie they (liil uegin to ah therein ; and alio unlefs a nttice (pecii) n^ (uch claim or chums, and the n^me or names of the claimant ot (J inanis. together wiih the nu-nber of the h,t or lots, and of the concfflion oi con- cffliuns, w;th the n ime and names ot the t.wnlbip and townfhips, diftiift and diC- tuAts, in vvhid) ih'^ lands (o claiiiud relpet^tively lie r are filuatcd, Miall have been fix I. up in lomc conlpicoous part of the .'aid iff ice o, the Clerk of the Peace at lead ii ecu ciays bftoie the lame iliail come on to be heard. V. And he it full her EvaOed hy lite Authority aforefaid, That in all cafes in which, be- fore the Commiffioners (hall have proceeded to decide upon the right to any particular lot, or traA of land, two or more notices by different perfons, (hall have been fixed up in the ( fii'-eof the CUrk of the Peace, claiming ^dverfely (uch particular lot or fraft of lind. it Ihall and may be lawlul to and for Inch Commiffioners to defer or debir Ih? hearing of luch atlverle claims or either of them, and to give to all, anyor either of /uch claimants, fuch further or enlarged time for the production of evid nee, and for thedecilion of fuch claim or claims as fuch Commiffioners Ihall deem expedient lojuftice. VLAnd 177 Claim ot claim. U.all or ™ay be cu^^^^^^^^^^^^^^ by ^^^^ r^l^^TJ^ 'i^-^'^ gage, or fecurity made, or ^V J*'';^'"«Xri or perlon* claiming under loch nominee r^,^ St noraineei a» af-refaid. or by ^^V P^^'" ' [^^ ,„ch autbo».»y " 3f''»ef;ud, are. if Stt.u^in.«. the laid Co,rtm,fflo^m «ms'.^^^^^ ^^^^^ ,u,hori.ea ml en-pow tftey ihall be fali»ficd that fuch . Uim '•*'"'°",^, '(.€.. agreement or -cnnr.U.. ered to fcport •-. *>v<«' ^'^ i"'^ "^^"'^f^/er^, f the KeRinrr ol eu,. County ;" ch repoft refpraing luch rnor.g.ge. - ^8«'J^^^^^^ n..ll and they are hereby •r Ridmg, in^hich ch mor-Vg" or agreemen.s Oull be cnrcgiftered in the relpe^ive otfire.. and >"" ,j^ jj ^^^^ ,he lame force and rav:;"be'en fo --.SiHeKd acco.i.nglv. Mj^eg^^^^^^^^^ ^n 1^ ^^^^ .^ ^^^ ^^^^^ ^^ ,^^„ teitVXSc Uga "eflate i^^-h'^nd.. , . ^„,^^^^ That in cafe any p.rlon or ]:;^^ ^'^ VII. ^n*^ *<' •' Z"'^'*"' Enafl"' ''>'*'' ^"' ,(Lner» to aive evidrnce relpcMuigany ^Xswbo n>all appear . c.ore the a|dO - .^^ j^,^^^, t'™.' J»"' •''! f„ch claim orcUims asalorcfaid, lliall ''"''^"y "' j .u-'y ,j,jll iucur the like paini "htar.. in the giving ^uch evidence he. ,h^^ ^^^ ^^j, ^„ „ -i.!;:;t'" r J^^n^'^iv^"!^ j;?;^^^^*' Co-n of K n^. Bench ,n th. Pro- Since in any caufe there depending. A.,.ihnrit^ aforefoid. That in all cafes . ".Win. i»d ^^ «^ farther EnaHcd by fj^^°ri'y ^J^J^^^ ^,,„,e fuch Com- . invhich ^uncflesfhall have duly ^PP^jfJ^^f^ ^/.^^^^h L-nmons as afordaid, Inidloners, either voluntary y ^ ." .^^^^^^t f^^j i:,n^^^ to order and d.- .U-lballaud may be lawful '" ^^'^^^^^^^^ j^ch ^vUncU or ^^•itncflc^s, to rea the trarty or parues who J^^^'^. f ^^^^^^.^^h "r lois c ' n,nr and expence fuel. ,„ay iuchNvunefsorw.t.ieiIe lorh.s,hero^^^^^^^^^ tl.. .r judgment lh".ll denn iom or fums of money as luch Commillioners in tu J S ^^^ ^^^^^ had to their ^^{"P^'^*'^^ J^^'^'Tj'L ^/,, ^,^/,or«/v flA'rr/az^, That it fliall and Fm---' «- IX. And hi itjurthtr EnatUd ^y ^'''^'^J^'y^^ or Perfon Admuul- 'c.mmi.r.on. .. Jy\e lawful for^he ^ov-or L.e e^ t^^^ ,.^^,^^ ^^„^^ ^ , , . a...e.^ tenng the Government of this Frovmct '"^ " , . ^^ « ■ to order and di- vi,>«iai Tr... S:..^ the ex.itcace of th,s Ad by .^^ ^^^^ ^J^ ^,, f ^^e fa.d -.- Lthe rrealu^erof the laid 1 ^ov f^" P ,4 .„,. Commill.ons refped.vely. Wilot/ei m- yencci I* ^* red .1"= rrcalu .T of .he 1 ud Province u ^.y ^,^,;^ e„„,„i(I,o„. refpecl.vely, Cm»n>,Hio.Krs """S"''''""™ "" ".fwil mdemnity .he liid Comm.C- ?t, ■ rei::.«"vrag"i rcWtr;:rheV.he» ...-e^d aur„.« .he .,..,ng 'X. And h "y»f*''-f'7tltf Ihc Peace neichm^ may he lawful .o and lor il.e Clerk ot .he peace ^.^_^^ Comm.ll.on, i, herehy -..honze and e^ a .„ f^t ".''perlons who Ihall apply .o hrn, rort;;yo^;he^'urpo,e.of.h.Ac.^^^^^^^^^^^^ CUrk'i Fell. •jfi ^^■k^^: IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I 11.25 JA. 11.6 V] <^ /# T /y 'e9. %^ W <% V /,> ^ [V N> -^ o^ ^ U '%'^\ % «> J>>, ^ ^ C/j V ^ 178 C. i-a. Inihe/orty-fecondytaro/Geirse t^tTf^ird, A.D. ttot,- ^ ( i./f'TER MUWtER esquire, LIEUTSNANT GOVERNOR. ' F'pr receiving and fettiog .dp wi^Jor hearing any caveat, three fliillings ani ninc-pencc. ,,i ■,.'.' . -/v. n,' & "'jv* For a copy of the order refpeaing each claim refpcaivcly, two fliillinas and tix pence. »* For every fiimmons (igned by one or more g:ommi(rioners for the attend- ancc of one or more witned'cs, two (hillings and hx-pence. XI And be II EnalUd by the Authority ajorejaid. That this AB fhall be in luiTrc " "^ '""" ^^^'^ '''""™ '^'^ '^"^ "^' ''^"^ P*"^"^ thereof, and ,)(^ CHAP. II. ^« ACT to provide for the Admimjlration oj Jujiice in the Dijlrict ofNewcaflk, ("Paired July yth, 1802.] ^ Prembie. "^y IIEREAS the couHtics of Northumberland and Durham, with all rftfe V y lands m thdr rear conlined between then extreme boundaries, prodti- ced Norih hxtcen degrees Wt?ft, uniil they interfect the Norihern limits of this Province, under and by virtue of a ccrfam ht\ of Parliament, intituled, « An Ad for the better divilion of this Province," pafCed in the fccond Sef- lion of the fccond Parliament thereof, (to which the Royal Alfent was pro- mulgated by Proclamation bearing date the firft day of January, in the forti- cth year of his Majedv s reign) are declared to be a feparate di(t-ict of this Province, to be called the dilhict of Newcaltle ; And whereas ii is cxptdi ent that the laid diltrict of Ncwcallle (hould poUbfs and enjoy all and every jurilutiiiori, privilege and advantage now polleOed and enjoyed by the other diftiicts ol this Province, Be it therefore enaded by the King's moll excellent M; cratci, fcc. re- filMili WUlllll this Dlliiidt to c*atiauc> But not to have any authority •ut ot It. Applicatioa of AffctTmenti and kat«s. Ktiudkk. In the Forty fecoH^ year of Gtorj^t the Thiri. A. D. i8oa. S^ni'^tffliii PtTfiR ttUNTER K&5iUIRJE, tlfiUTKNANX ttOVERNOB, " ■ I ted, fhall be held to Ue valid and good in Law to all intents and purpofes what^ V. And be it further EnaBed by the Authority aforefaid^ That his Maicfty's Juihc s of the Peace, and other perlons bearing lawful authority, refiding with ui the faid Diftrict of Newcqjlle, (hall hold, enjoy and exercife, the like autho rity, power and junfdiction within that Djftrict,at the times and in the manner which they heretofore held, enjoyed and cxercifed within the Home Diitrict before the erecting, conftituting and declaring of the faid U\^T\ciof Newcaflle or which IS held, enjoyed and exercifcd by his Majctty's Juftiqes of the Peace and other perfons bearing lawful authority in the other Dillricts of this Pro- vince, provided that the authority, power and jurifdiction, heretofore exercif- ed by his iVIajelly's juUices of the Peace and other perfons bearing lawful au thorny rehding within the faid Diitrict of Newca/lle, fhall not in any wife he rxer.ciled or continued within that part of this province now conftituting the Home Diftrict, but the fame within that Diitrict fhall from henceforth ceafe and determine. VI. Aiid be itjurther Enacted by the Authority aforefaid. That the AfTefT- ments and Rates levied, or to be levied for this current year of our Lord one thoufand eight hundred and two, within the faid Diftrict of Nevjcajile, fhall be applied and expended for like purpofes within that Diftrict as they now are, or may be applied and expended under and by virtue of any Act or Acts of p'ar- liament made or to be made in the other Ddlricts of this Province. CHAP. IIL An ACT to declare and a/certain the Rates which the Receiver General jhall take and retain to his own ti/e, out of the Monies pajjing through his hands ■which arefubjetl to the difpofition of the Parliament of this Province. * ^ [Paffed July 7th, 1802.] , Most Gracious Sovereign, WHEREAS doubts have ariTen refpefling the rates which by law the Re- ceiver General is allowed to take and retain to and for his own ufe and benefit, out of the monies at the difpofition of the Parliament of this Pro- vince, paffing ihrout^h his hands ; And whereas it is expedient that fuch doubts fhould be removed. We, therefore, your Majefty's mo.'i dutiful and loyal fubjefls the Commons oi' Upper Canada,in Parliament affembledjdo.moft hum- bly befeech your Majefty that it may be declared and enafcled, and be it decla- red and enabled by the King's moft excellent Majefty, by and with the advice and confent of the Legiflative Council and Aflembly of the Province of Upper Canada, conftituted and alTembled by virtue of, and under the authority of an Aft pafl'ed in the Parliament of Great Britain, intituled, " An Atl to re- peal certain partes of an Ad paffed in the fourteenth year of his Majefty's reiga, intituled, "An Aft for making more efFe£lual provifion for the government of the Province of Quebec, in North America, and to make further provilion for the government of the faid Province," and by the authority of the fame. That out of all and every the fum and fums of ironey at the difpofition of the I^arliament of this Province, which at any time or times heretofore have been received, paid out and accounted for by his Majefty's Receiver General, or at any time or times hereafter fliall or may be received, paid out and accounted Cnn lit/ lite K/Taiodi/'c CaiA D s<*Aiwa>« /^^^^..-nl r»_ >!.» •^—.^ U_: i^ n. .11 1 — . „j ,,^ „,^j_,,^ _ ._..j a^^-,.,..^. ^s,iis.isu. i-^i litsi uuic .uciii^j ill u^ii j^nu iiiay be I Poundare t9 the Receive* CcDcral. TheReceivtr General not to take any additi- onal allowaace*. be lawful 10 and for him the faid Receiver General to tilte and retafift'to and fcr his own ule, benefit and emolument, the followins rates and allowances, St is to iav,' for every hundred pounds of fuch monies as aforefaid, collea^ S within tKis Province, and by him the faid Receu-er General received, paid out and accounted for as aforefaid, three pounds, and fo m p.oportion for any Kreater or lefler fum or fums of fuch monies, and no more; and for every hundred pounds of fuch monies as aforeiaid, anlwered by and iHuing out ot the Province of Lowtr Canada, in lieu ol, and as a compenfation for fuch drawbacks as this Province is iniilled to claim and have for certain duties mi- poled by certain Ads of the Parliament of that Province upon goods, wares and merchandizes coming into this Province, three pound:, and ten Ihilhngs, and \o in proportion for any greater or leffer lum or fu as of fuch monies as ^^irXtliTed aUv^T,lnd be it further declared and Ennlled by the Authority afore- fmd That nothing herein contained fhall exteiul or bcconarued to extend loen- ible'the faid Receiver General under any other appellation, title, pretence or colour whatfoevef> to take or retain to his own ufe, benefit or emolument any additional or other rate or rates, allowance or allowances, out of the monies and for the fervices herein before mentioned, other than fuch as herein before are fpecified, mentioned and contained, any law, ulage or cultom to ihc con- trarv in any wife notwiihllanding. ' CHAP. IV. An ACT to enable the Governor, Liemenaat Governor, or Perjon Admmijler- mg: the Government of thti Province, to ap^-.nt one or more additional Port or Ports, Place or Places of Entry wuhm ,/ ^5 Province, and to appoint one ormoreColleaor$rColleaor sat the fame rejpeaivdy [Paffed July 7th, l8v02.J WHEREAS it is expedient that farther proviiion be made *or the better coleding and for prevention of the evading of the payment of certain duties impoied on qoods .nd morchandize hiou^hi it.to this Province from the United Siam of Anunca, under and by v.r ue ol a certain Afct o Parliament paffed in the forty firfl year of his Majcliy's rcign, intituled « An Ad tor granting to his Majeilv, his hens and iucccffors, to and for the ules of this Province, the like ditties on goods ai>d merchandize brought into this Pro- vince from the United States of America, as are now paid on goods and mer- chandize imported from Great Britain and other places;" Be »t there- fore enaded by the King's moR excellent Majelty, by and ^"h the advice and confentof the Legiflative Council and AlTembly of the Province of UPiJcr Canada, conftituted and affembled by virtue of, and under the au- thorify of an Ad palled in the Parliament of Great Britain, intituled, « An Ad to repeal certain parts of an Ad palled in the fourteenth year of his Majei- tv's reian, intituled, « An Ad for making more efFedual provifion for the eovernmcnt of the Province of Quebec, in North America, ^nd to make fur- Ther provifion for the government of the f^aid Province," and by the authority of the fame. That it fhall and may be lawful for the Governor, Lieutenant Governor, or Perfon Adminiftering the Government of the faid Province, by and with the advice and confentof the Executive Council thereof, from time to time as occafxon fliall require, and as to him lliall feera meet, to declare and ' ' appoint Preamblci Cavcrao;, trc. in Council to declare aOdi- tioaal F«U«{ Entry. if ilfl C.4-5. «Iovernor, lie to ip point C*l •ppointed 10 iia\e the fame powers, Ac. •> •ther CoUcc* t»n. Prtamkle. In the Forty-fecondy^tr of George the Third. A. 0. iioa. Second Sejioi PJtTlE HUNTER ESQUIRE, tIEUTENANT GOVERNOR. appoint by Proclamation or otherwife, one or more additional port or ports of entry and clearance, place or places (other than ports) of entry and clearance foruU goods and merchandize not being entirely prohibited, and for the pay. noent of all duties liable to be paid on all goods and merchandize brought into this Province from the United Slates of America^ impofed and eftabhiiied by virtue of the above mentioned Att of Parliament palled in the forty-tirft year of his Majelly's reign, and according to the direttions of the fame, and . that it ihall and may be lawful for the Governor, Lieutenant Governor or Perfon Adminiltering the Government of this Province, under his band 'and feal at arms, to nominate and appoint one or more Colletlor or Colletlors af the faid additional ports of entry and clearance, and at the place or places (other than ports) of entry and clearanc , in like manner as he is now by law authorized to nominate and appoint one or more Collettor or Collectors at^ the reCpcctive ports of entry and clearance particularly fpecified in the faid laft mentioned Act. , II. And be it further EnaEled by the Authority afore/aid, That all and every) , the powers, directions, rules, emoluments, claufcs, matters and things which in and by the faid Act palled in the forty-firft year of his Majefty's reign were enacted, provided and eflablifhed,rerpecting the Collector or Collectors at the refpective ports of entry and clearance therein mentioned, (hall be, and are hereby extended to fuch Collector or Collectors as (hall be nominated and ap.. pointed in manner as aforclaid by the Governor, Lieutenant Governor or Perfon Adminiltering the Government of this Province, at the faid additional port or poiis of entry and clearance, or place or places other than ports of -^n- try and clearance, under and by virtue of this Act. in. And be it further Enacted by the Authority aforejaid, Tl-at this Act fliall be and continjc to be in force for three years, and no longer. CHAP. V. An ACT for applying a. certain fum of Money therein mentioned, to make good certain Monies ijjiud and advanced by his Majejty through the Lieutenant Governor, in purfuance of two feveral Addrejjes of the Commons Houfe of Ajjembly. [Pafled July 7th, 1802.J Most Gracious Sovereign, Tjy HEREAS in purfuance of an addreO? of your Commons Houfe of Af- fembiy to Pethr Huntkr Elquire, Lieutenant Governor of your Pro- vince of Upper Canada, bearing date on the lixih day of July, in the forty- firft year of your Majelly's reign, the (urn of feven hundred and (ifty pounds has been ifiTued and advanced by your Majelty through your Lieutenant Go- vernor, to the Commilfioners nominated and appointed by him your Lieuten- ant Governor aforcfaid, for carrying into elfect the intention of your Majef- ty's faid Commons to encourage and promote the culture and exportation of Hemp } And whereas in purfuance of a certain other addrefs of your (aid Commons Houfe of AflTembly to yoi'i Majefty's Lieutenant Governor afore- faid, bearing the fame date as the former, the further fum of eighty-four pounds and eight-pence has been ilTued and advanced by your Majefty through your Lieutenant Governor aforefaid, to the Clerks of the two Houfes of Par. liament, as well in fatisfaction of certain dilburfements of monies made by pences attending the laft Seffion of Parliament, as to enable them the laid Clerks to Sectnd Thir: PttrJiamtnts, C.g-J, fn the Jnty-Jeconi and Jortythiri^eatto/j j||^ Gcor^t the Thud. A. D. iboa «»'.:tr Enadled by the Authoricy a/orejaid, 'i hat the due appli- cation of the faid lura of money, purfuant to the directions of this Act, Ihall be accounted for to his Majelly, his heirs and lucceiiors, through the Lords Comraiilioners of his Majclly's Treafury for the time being, in luch manner and form as his Majefty, his heirs and lucceffors, ihall direct. II34I •!. ftd. to bf iirncil trom tht I'i'Ovincial 'liciluiy to make {ooJ (he like i'ii:n ^aiil in purluiince of AciJrdVes ol the How ro be^«« tiounied tor. THL STATUTES OF HIS majesty's PROVINCE OF Upper Canada. Faffed in the Third SelTion of the Third Provincial Parliament of Upper Canada, met at York, on the twenty-fourth day ol [auuary, in the forty- third year of the Reign of our Sovereign Lord George the Third, and Prorogued on the fifth day .of March lollowing. CHAP. L [The Royal Affent to this Act, was promulgated by Proclamation bearing date the fourth day of January, in the year of our Lord one thoufand eight hundred and three, anil forty third of his Majefty's reign.J An ACT to allow Tivie for the Sale of Lands and Tenements by the Sheriff". ^^HEREAS it ii expfdient, in the prefent circumftance* of this Province, that Jojne time fhould elipfe. aft^i the tffuing ol Proccls of Execution againll Lands ana ieucmeuti, Lcluie the Sheiih proceed! t« cxpoie tke iaaic to faie ; ie it cnaMed bjr lii 11! ir Preamblt. 184 C. 1-2. In the Ihe forty- third yeetroj George ifie Third, A.ty. 1803. "third Sejion PETER HUNTER ESQUIRE, LIEUTENANT GOVERNOR. l>v 'Vif King's moO excellent M.ijrRv, ,l"iy and with the advice and confent of ihe lleL pifli'ivcj Ccuncil and AfT'-mbly of the Province of Ujf'r Canada, condiiuted and »f- fe I lilfd bv virtue of, and under the autViority of an Aft pafl'ed in the Puliament of Great niiiain, intituled, " An Aft to repe;il certain parts nf an AS. paflTed in the four. tefnih yr.ir of his M:ijefl v's leign, intituled, " An Aft fbr milting more effefiual pro. Vidou lor the Government of the Province of Qutbec \n North America, and lo make lurtliet I rovifion for the Governinent ol the laid Provinrf," and by the authoiityuf tl e l.in\f. That from and uder the end of this prefcnt Seffion of Pnrliaiiicnt, Goods and tJhiltels. Lands :ind Trnenirntfi, Ihall not be included in the fame Writ ot Ex- e'ut ion. tier (hail any furl) Procelt idue againft the Lands and Tertertients until ilie leiuin of the Prorels ngainfl the Goods and Chattels. Aul he it furlhfr EnaiUdly the Authf thp United States, the Mafler, of other per- (on I avnip; ifie charge or command of fut li iiiip or veflel, or the' Agent or Agents for ihe propiiLti r<^T pnprietorsut fuch cinpoor load, or theconfignce orconfignees lh?reof, (hall forihwith, uponanivalat any p^vt or ports of entry or clearance as a- forelaid, make a report and declaration tliercof to the Colleflor or his Deputy, flati- oned at fti'jh port or ports of entry, which report and declaration lliall ftate the par- tirnlars fptcified and direfted to be contained in the report and declaration Which Mafiers snd Comtnandeis are rrqiiired to make, by an Aft palled in th^ forty- firft year of iiis M:j Hy's reign, intituled, " An Aff for granting to his Majefty, his heirs and fuccciluis, laand lor theulfs ol this Province, the like duties on goods and merchan- diz-s brouglit into this Province from the United Stales of i4mmca, as are now paid on goods and merchandize imported from Great Britain and other'plaCes," and which report and declaration (hall be vfrified upon oaih or affirmation, in like manner and undci the like pains and penuitics as Ih and by the i'did Aci uf Ihii PioVinCc sUtcxcu ; and The Maaer, or "thrr uc-ti tn liaving t!i"c'om- jri mil, or llie A- pepf I'nr tSe I'rorririor, cr tlif Con'.igiise t« report. V^ifdP^rl^mnt,e.^, In th€ Fvftji.thirijfi^r of Gecrge the ««08v «•? In cafefuch maner or commander (hall noMntend to htMk bulk whhln thU Pro- ^.j^^H^X*^*^ l^nce then f«ch declaration Riali fo flate. and (hallalfo fiate to what place in the fa.d «„^«. Uri M Stat« it i. intended that (uch cargo or load (ball be \rVP^^^^\^^^ indin cafet in which it it intended that fuch cargo or load ftiall pafa to omt othe^ iort or norts of entry and clearance in thi. Province, and then brtak bulk, uch de*« ?r/nt1on (hall Aate the particular port or port., place ot place, bl entry or clearance ^ a Ml ch i i. n ended fuch bulk iliail be broken ; and as well in thofe cafe., in which If S 1 be decK it i. intended to break bulk at fome other port or p«n. of en ry and learJnce in thi. Province, a. in cafe, in which fuch declaration n.al ftaUMhat ^ '.intended to pal. into, and tranfpct and convey fuch cargo and load nto fome part ar Darts of tbeUnited State., without breaking bulk in thi. Province, the [aid Mafter : &"mmandt""orthe Age;, or Agent, of .he ProptieUjr o' J-Pr Jt- ol uch car . w ..^ .0 or load., or the Coufignee or Confignee. thereoi, ihall. and he and «»7 »J«"f »'« ,„,.„d .„,., hereby required to enter into 'Bond, in a penalty of double the imount of the Dutle. «ith which fuch oareoor load would, if for confumption in thi. Pro winte, be charged : chrrgeab e. whicg Bond Ihall becondiUoned nJ to break bulk, or fu<^' bulk «« Co- -Uon of be broken, till the aitival of the (hip or v?ffel at the port or place at which fuch de- clarattn null (late that fuch bulk i. intended to be broken, and conditioned alfo fot produd^K the permit herein after mentioned, at every port of entry or clearance at K (be niaii arrive, or through which Ihe (hall pal., till (he (hall arrive at her ul- have been fo given a. aforcfaid. it (hall and may be lawful to and for the fa. d Collec tcrorhi. Deputy, who h.. taken fuch Bond, to give and grant to the M.f^.-r, Own- er or Commander of fuch velfel, boat, raft or carriage, a Permit to proceed upon h.» voy RC. by virtue of which luch Mafter. Owner or er Canada Mittuat. to this Province^ as which ih^il bs only employed ia the iolamL tfado-otabe countr i% H 2113 tt In what nfet Goods, tec, M be foiftiud. VfflSili kaund Is Q'onftown diiedt. Dot to rtptit at Nil. which accounts are to bt r«n> dared. UH C. «. ik de firty4\iriytar o/Ctorii ih HirH. A, A ilo's. ThtrS ^tffi^ MTIR nVNTIR 1S(2UIRS, LUUTINANT COV»RNOJl. and fliill neib)v*arriiv«d from ihe VnU'e^ Statei of America, nor rfiailihii AA »tVni tacomp«l oroW.g, the Maner. C^n^mandcr or O^ner, ot,oi Sip or vlffj bound from My port 01 p ace In thu Province lo a«,«,j?«w. direft, to nJikc Sny f«"h reZ, o, 32 choratthef»idpoitQf,Wi«^ar«,aodrenjam thereat anchor for the fpace of two hourt,. or attempt l«^nd any part pfher.cargo,qr break bulk there. And proyiaS alfo.lhat whenever any Ihip or veffel p»fling, the port of JVi<|<«r« on her way t? Q«.ej{/te*n.(hall com* to an anchpr in the intwoiediatedinance between the&id por ,. iS-iriirl*'"'^'** '''.''!•''' ^"*''rT*''''«W'"«' °' Commander of fuch (hfo of yeflelftwlJhavt reported a. aforclaid.tQ the (JoUeaor of the port or place of St°v then Dear*ft to where »ucb Ihw pr vcay flxaJl then be, , *^ ^ 111. fiudbt ttfurthtK Efl^fui by (he Authority aforefaifl, Jh»\ ,each 9nd evif^'dollec. any q her A^ now m lorce in, this Province, or to be appointed under anw other Aft he,e.t,fr to be pafled. fliaU. a„d^e I, hereby required. ?r^om and afl thj pffi„g o1 th.r A^. lacender to the Infpcaor General of , hi. Prqyince, four time, in e?ery y*«r a •Mft,iruear,d,failbful account pfallduiic, which, have accrued due at theDort or pfl^.. port, pr places of entry, and clearance at which fuch Coileaor or h . fieputy. or Deputie. njali be flat.oned. the firft of which account, fhall be delivered in imtnJ dlatfly after the p»ffing of th.. Aa. and (h^H coraprife alldutie. which (hall hav^TC ctued due fince the laft account rendered up to the Thirt>.firft day of December, now It^A '"*= "£''^' »"^ 'he next account Ihall be delivered in, on or before the f wen' ictb day of May ne« , and (hail comprile all.dutie. w^kh fl.all have accrued due b?- &.iv'f'Vr^°'-^';r Z"' of ThV^ fauJ duties, at or beior« the expiration of one mpnth irpfn the t]m of the ajr, ^al o a. y fuch vclW, boat, raft, or carriage in the pPTtor p^« of entry and clearance where «»<= 'hall brcai^ bulk, and where fhc M iuHy pr m parj duJbwKC and land her cargo or loading ; which Bonds fo to bc ulfcn a. alore- £d of iucb pf them as Ihall not have \>,,n paid and <»t'].fi.^4 a' /he time of delil^ ng in fuch three months accounts as atoref*,d ^he/a/^^^^^^^^JYJwl each Tnd every pf them, i. and are hereby required to 'nferun, jnd m^kj Zioii^ then next three «>onths apcovnt, w fo pjucl^of the duties which hJve accrued fince the prevjoi^s accoupi rendered am* ren?a,m«g unpaid VPo«l ''^!':;::!\:]t'M^SnacUd ^ Me ^u.A«W^ .M^'^, That from ,,4 after the Pafling ^ this Ad, it Ihall and may be lawtul to and for the Gover- nn? I LSSt Governor, or Perfon Adminiiicnng ihp Government of |bu Provin e" at any t^e whJn u (hall be found necelfary, by and wuh the ad- v^^e and confent of the t>.ecutive Council thereof, to expend at each, every, o anv of^e port or pom, place or places of entry and^clearance within th., Prov.W, fucrrea?onable ium or fums of money out of the P^oc^'ds of tte dune c^leaed, or to be coUefcled, under the authority oi the aid recued A^ of h U P^^ovince, or any other Att of the Province, or any fu ure AfcVs ^o b^ paf^.d fo X purpofe of laying duties on imported ^oeds and merchandize. Lhal be deemed fufhci^nt tor the purpofe of erecting OwAom-Houfes and Store Houfes, "or the ftoring the goods, >vares »nd merchandize hable tP pay fuel dutfes a aiorefaid. and for the%ccommodati«n of the Colleaor or deputy L th prrtorpJn^^^^^^^^ placesof entry and clearance, and for the tranf. tomu ofl I bufinefl relative to the colkding and fecuring the due paymenr of fuch dut^tes Provided neverthelefs. That the fums to be expended in a.iy one lucn "^"" • *;V , reoairina of Cullom-Houfes and Stores, hall in no ry:artce:d T^^^^^^ of ^- P--^-g ^^'^ -"^^^-« °^^ 't^]S::tI:::^:;i^ A^Uor-Uy fr^^^. That m an caie. of fcizur'e under any Att of ihis Province, when the va ue of the goods leized fhal not exteed Iwemy pounds, (of which value the laid CoUefctor or his de- puty is to fo 'ma judgment, according to the belt of his ability, and to depole K fame o^ oih, before the Magi (Irate granting the fummons hereinafter ^nVfone^) the feiz Jre fhali and may, in a fummary way, be propeeded upon, J L?^!»rnined into heaid, adiudgcd and determined by the ,M««fftr?te^ it} SrJnv one of his Majelly's ]uftM:es of the Pp*ce >yi^hm the dittrid. wherp ^ay fuchfL^reasKemiiiieafhaUbemade, tocaufethe m^fler, commander or ow ler of any veffel, boat, raft or u»her carnage, o^^ perfon replied of L^^X^^l^^'^'^^^^'^^^^ co«jma*.d*r ^ fprnmoned, to e?^ appearance or ti*^»««*» «;.^^j^ ^^^^^ or ikiLre?. ;««(jL thergt*Pfi !>^ P^fOWed M> Where l)uti«t fhill not (iccc4 aol. Honil, my b« uk«B. OovtriiM, wlin tht advice ol CoUacil, 10 •• rctt CvftoB. H*uf«i, ta. Cafei *t tti- »ure und^r mT. to be deter- mined in * lum« iT>«ry wty in Quarter Stf- fioni, 7» JiiK frit' iiUW uib «.a.ua^ A* J» »vf IDintuan iin*t i Sutowmrmtf, upon |ivin| ■ Boi>d, have luch caiei ' litcidcd i in the Kiog'i Bench. ^11 C. 8. In tht Fonj,.thirdy«ar »/ Oeergt tht Third. A. D. 1803. ThiriStJlon MTIA HUNTIR ISfJUUS, fcliUTINANT COVCRNOR. give judgment for the condemnation of fufh goods, warci or merchandiir at upon due examination Jhall be found to be forfeited, by virtue of ihe faid're cited Afct of thu Province, or this Acl, together with the vcJfcl, boat, raft or other carriage containing the fame, and to iffue out a warrant or warrants for Ihe iale of luch goods, wares and merchandizes fo to be condemned as laCl •lorelaid, and of the vcfTcly, boats, rafts, and other craft or carriaHcs con- taining the (ame, anAfuch iales (hall be made accordingly, and all fuch jude ments iliall be, and arc hereby declared to be good, valid and cffedual in the law, and final to all intents and purpofcs whatloever, and not liable to any ap. peal, or to be removed by any writ or writs of certiorari; and the moniei arihng from luch lales, fhall be applied in fuch and the fame manner as are dU rected with relpcCt to monies arihng from feizurcs, under the laid recited Ad of this Province, any law, ftatute, or provihon to the contrary thereof in any Wife notwithllanding. Provided neverthelefs. That if any mailer, owner, or coriimander liaall be diflaiisfied with the valuation put upon any goods, wares or merchandize fo to be fcizcd as laft alorelkid, or Ihall be minded or defirous that the merits of fuch feizure Ihall be tried and determined in his Majefty'g Court of King's Bench, and will, previous to the Magillrates proceedine thereon, enter into a Bond, with a fufficient furety, before the faid Magiftratc ill the penalty of fixtj* pounds, conditioned for the payment of all cwlls, char! ges and expences aitending the condemnation of fuch goods, wares and mcr- chandizelalt mentioned, in his Majedy's laid Court of King's Bench, in cafe- fuch condemnation Ihall in luch lalt mentioned Court be pronounced ; then the faid Magillrates in Quarter ScHions aHembled, fliall not proceed to hear or decide on the legality of fuch feizure, but fuch feizure and the merits thereof Ihall be heard, determined and decided upon in his Majelly's faid Court of King's Bench, in like manner as other leizures above the value of twenty pounds are, by the laid recited Ad and this Ad, diieded to be determined. Provided alfo, That in all cafes of feizure, where the value of the goods feizcd ftiall not exceed the value of fifty pounds, if the malter, commander, or owner of the veflel, boat, raft, or other carriage, Ihall be minded or defirous that the goods, wares and merchandize feized, Ihall not be detained till the condemnation thereof, or the determination of the merits ol the fame, and fhall fo fignify to the Collefcfor or his deputy feizing the fame, and Ihall tender to the faid Colledor or bis deputy a Bond, with luHicient fun ties, in the pe- nalty of one hundred pounds, conditioned for the payment of the value of fuch goods to the faid Colledor or his deputy ; in cale the fame (hall be con- demned, then and in fuch cafe it (hall and may be lawful to and for the la^d CoUeaor or his deputy, to reftore fuch goods, wares and merchandize to the mafter, commander, or owner of the veflel containing the fame, without waiting the determination of the merits of the faid feizure, any thing herein contained to the contrary notwithllanding. Provided nevertheleis, i hat in cafe any difpute (hall arife refpeding the value of any fuch goods, wares and merchandize as laft mentioned, and the owner, mafter, or commander of the veflel containing the fame, will produce before a Magiftrate, two indifferent and credible witneflTes, who will upon oath declare, that according to the heft of their judgment, they refpedively believe that fuch goods, wares and mer- chandize, as laft mentioned, are not of above the value of fifty pounds, fuch declaration fhall be final anrl derifivf> a« tn Airh valiif> • AnA if anu dt-U uritn^ra or witnelfes ihall, in depofing to the value of any fuch goods, wares and mer- chandize Coodi feittd, may in certiin cal'ei, be re-dc- livcred to the •wncr upon fe> turily. Difpurci ref- •cAing ihe va> lue of Goodi, kow to b« (tt- Maderi, *e. (o pay TonaafC. nird ParHamtnt, C. •. in thiJ$rty,lMrd yt§r 9/ Qmit tht Third, A. D. 1803. 189 chandizeas latt mentioned, wilfully or corruptly forfWear him, hef, or them- IcJvcs, he, Jheandthc), and each ol them, fl.all incur all ihcuums and pi.al- ue» which by the Criminal Law of England arc aiiachcd to willul and tonupt ^' vTZ* And whereas it will be neccfTarv and cfTcniial to the fafcty of velTd-s, ri.;.;H ;•;.. boats, rafts and other craft paiiiug from Lake Ontario into the River NiaRara, andpallinKby the Kland called Ifle l-ortU, and likew.lc into the Port ol \ ork, that Vhcrc Ihould be a Light lloufc eretled near 10 each of the faid lull men- tjoned places. Be it therefore cnadod by the authoiiiy aforclaid, Fhat in order 10 provide for the expencc of erctking and repairing fuch Light Houfes, it (hall I ,d may bo lawful to and for the colTctlor or his deputy, at il.c port [u which any vcrftl, boat, raft or other craft Ihall arrive next after having palled the laid Lake inio the faid River or the faid Kland, or which Ihall co.nc into the port of York, and fuch colletlor or his deputy is hereby authorized and required to de- mand and receive of and from the matter, commander or owner ol each and every fuch vcffel, boat, raft or other craft, the following rate, that is to lay, for every vellcl, boat, rift or other craft of the burthen ol ten tons and upwards, the lum of three pence for every ton of which vellel, boat, rail or other cratl is of burthen, and which burthen is hereby required to be computed by fuch colledor or his deputy, and the monies by fuch tonnage rate accruing, when colleded, the faid collector is hereby requiied to pay into the hands of his Ma- iellv's Receiver General of this Province, at the fame time he pays the othc du- tics b" him colleded, and all which faid fums of money lo to be col edcd upon the fa^d tonnage, the Governor, Lieutenant Governor, or perlon adminiftering the noveinmeiit of this Province, is hereby authorized and impoweicd by and with the aclv.ce and conient ol ihe Executive Council of the Province, to lay out and expend, or caufe to be laid out and expended, in the eredion and kccpinir in repair, and other incidental charges attending three Light .llo"leS one to be eieded and built upon the fouth welternmoft point of a certain illand called Ule Foielt, luuaie about three leagues from the town of Kinglton, in the Midland Uillnct; another upon Millillagua point,at the entrance of the Niagara River, near to the town of Niagaia, and the other upon Gibraltar Tin. And be it further Enacted by the Authority aforefaid. That in ordeMo afcertain whether any fuch vellel, boat, raft or other cralt has pafjed the faid Ifland, or the laid Milliflagua Point, or Gibraltar Point, each and every own- er. commander or mailer of each and every vellel, boat, rait or other craf, who Ihall pals fuch Illand or Points, or either of them, and arrive at the ports of Kingfton, Niagara or York, is hereby required 10 mfert it in, or add U to the declaration by the faid recited Ad of this Province, and this Ad requi- red to be made, that he has fbpafled the faid Ifland, or M.fl.flagua Po,m,or Gibraltar Point, and in cafe fuch owner, commander or ""a^^^,^' "^^JV'f 7.^ to pay the tonnage hereby intended to be impoled, the colledor of the faid dif, trid or his deputy, is hereby impowered and required to fummon fuch owner, commander or mlfter before any one of his Majefty's jufl.ces of the peace for the dillrid, where the fame fhall happen, and fuch magiftrate is hereby im- powered and authorized, in a fummary way, to hear and determine the cotn- plainttobe thereof made by the faid colledor or his deputy, and if the fa^ luttice Ihiai order payment lobe gaade of the faid tonnage according to the m' Mafteri of »ef. feli pairing IHe Forcll, Milfif. fagua Pointi or CibrallarHoi.iti to infert i' \n (heir declara- tion. Comrlainti for wjntof fuclidf. claraitoni to he liear^ in a Turn- mary aray. ryo C. a. In the the forty, third year of George the Thirl A. ». 1803. Third SefRon PETER HUNTER ESQUIPI, LIEUTENANT COVER^jp*, rates by this Aa impofed, and the faid owner, comi^ander or mafter (hall noi lorhwuh pay the fame to the laid colledor^r his deputy, togeteS colb and expences of the faid proceeding before the fa^ jufti jrfuch uft ce IS hereby impowered and authorized to iQue his warrant ii levy Vuch 'onnaee and col b by lale of any part of the cargo contained in any fuch ail mcZf edveHel boat raft or other craft, or any of the tackle or apparel here" o^ of any oth.r the goods and d.attels of the party or parties co^iplained aga nft reftor.ng the lurplus of fuch monies arifmg from fuch fale.Tanrfuch^S DC to luch party or . t.es, after deduding the fa.d tonnage ind the aid colt and the charges anu expences of fale. Provided neverthelefs, Tha no a ch tonnage (hal be payable for any veflel, boat, raft or other craft whiih by ftrefs or leyenty ol weather, or other dilkftrous event, (hall be compelled to^etura nto the lame harbour whence (he laft departed,' wuhout having perfSikd her intended voyage. And the laidjuftice :s hereby authorized to charge del nd and t.ke the fo lowing fees for bearing and /etermining the frJ^ompTa mt and no more; for h:s fummons, two fliillings; for judgment, twoThiCs n?.^l' ' 7w\r' '° ^'"^^i"' fi-« 'hilhngs; foi the per on V^ZZ fummc fh.lhngs; mileage for every mile, four pence: executing vvarran. ^refs and return thereof, five AiUings. executing IX. And be tt further Enacted by the Authority uforefaid. That in cafe »nv proceedings fhall, after the palling if this Ad be^ad for .he condemnat on o^f any goods, wares or merchandize, or for or in refped of .nv "thing done or ne glectcd to be done contrary to the provilions of the faid recited Ad of this" Province,orthisAd orofany Ad or Ads of this Province now paflrd or hereafter to be pafTed, relpeding any duties impofed, or to De .mpofed upo- goods, wares and merchandize coming into thi^ Province fromT Sd Uni ed States, that as well in cafes where the goods feized fhall be^djud't'd to be reftored, or if condemned fliall be infufhcient to pay the coifs and expences of the proceHings had refped.ng the fame, as in all other cafes, where the pro ceedmgs by or agama the collectors or deputies fhall be for or onTccounrof any thing dope, or omitted to be done, by fuch colledor or deputy, it fhaU and may be lawful to and for the Governor, I^ieutenant Governor, or perfbn ad miniltcnng the government of this Province for the time being and het hereby unpowcred and authorized (if he fhall fee fit fo to do) 'rdilcharae^'f tisfyand pay all fuch colts and expences out of any monies which fhall be then n the hands of h.s MajcUy's Receiver General of this Province and which mall have anfen out of any duties impoied, or to be impofed, on any goods wares and merchandize coming from the faid Unued State' aifd the laid Receiver Genera is hereby required to pay and dif charge all luch war riSl and warrants as fhall for luch purpofes be iflued by the laid Governor, Ileutf tTe^limrbang:' ""' '"^'^" ^^-iniitering the government pf this P^Wace f^r X. And be it further EnaBled by the Authority afore faid. That the Gov<»rnor Lieutenant Governor, or perfbn adminillering the .^ve^nnient of thifpri vince for the time be.ng, be, and be is hereby authonted to Sli°h hi offict N^w'c^iuf'ihfchtm"" 'S"' Newcaltle, in any place wuh.n the Lbt: 01 NewcaiU., which he may judge more convenient than the tnw« ^f NW^^f i^ Hiuii a vaui and Gouri Houle be ereded in the faid Town; atid'no longer Provided How cofts of any proceedings •re to be ^aiU, OfTice of the CoUcflor tor the Port of Newcaillc, to be within the Harbouri Bond. Third Parliiifnent, C. i«-^. In Ihe forty4hird jta)rtfGe6rgeikt Third. A. D. 1803. 19* Provided a ways, That nothing herein contaihed fhall extend, or be conftrued Jj^'jJ";'^;',! to extend, to repeal or vary all or any of the provifions contained in the faid to u viried, recited Act of this Province, or any oiher Act of this Province, unlefs in fo ''"'«'^'' **• far as fuch provifions are and will be neceffarily varied by the provifions in this Act contained, in order to give due forte and effect to this Act, and no farther. Provided neverihelefs. That nothing in any part of this Act contain, ed, fhall extend, or be conftrued to extend, to any fliip or veffel, boat, raft, ca- noe or other craft or carnage, now belonging, or which may at any time here- after belong to our Sovereign Lord the King, his heirs or fuccelfors; Any thing herein contained to the contrary notwiihllanding. FORM OF THF. BOND herein meptioncd. KNOW ALL MEN BY THESE PRESENTS, that -we A. B.C. D. and E. F. are held and Jirmly bound to our Sovereign Lord the King, his heirs aridjuccejfon, in the sum oj for which payment to be well and faith- fully made, we bind ourselves, and eath of us by himself, for the whole, our and each and every of our heirs, executors and adminijlrators firmly by thefe firefents, fealed wiih bur feals, dated the day of in the year ofku Majejiys reign, and in the year of our Lord The condition of this otlif^ation is such, that if the above hounden A. B. C. D. and E. F. or any or either of them, do and/hall well and truly pay or caufe to be paid to our said Sovereign Lord the King, his heirs and siiccrj/ors, the sum of on or before the day of next, then this Obligation tc be void, or elfe to remain mjull force. CHAP. IIL An ACT to authorize the Governor, Lieutenant Governor, or Perfon Advitnif- terim the Government of this Province, to Licence PraUittonrrs tn the Law. ^ [Palled the 5.h of March, 1803]. ^TTTHEREAS, great inconvenience has arilen, and is now experienced by his VV Majcily's lubjctis in Ifveral pans ol this Province, from a want of a fufticient number ol pcrfons duly authorized to pradice the profelfion of the ''Law, and unkfs the number can be fpecuilv increafed, juftice will in many places be with great difficulty adminillcrcd : lie it therefore enatled by the Kir.g's moll excellent Majelty, by and with the advice and confent of the Leklillative Council and Allcnibly of the Province of Upper Canada, confti- 'tutc'l and allembled by virtue cf, and under the authority of an Act palled in 'the Parliament oi Great Britain, intituled, « An Afcl to repeal certain parts of an Att palfed in the fourteenth year of his Majefty's reign, intituled, " An Atl for making more effettual provifion for the government of the Provmce of ■Quebec, in Nonh America, and to make funher provifion for the government of the raid Province," and by the authority 01 the fame. That from and after •thepafiingofthis Ad, it Ihall and may be lawful to and for the Governor, Lieutenant Governor, or Perfon Adminillering the Government of this Pro- ,^„„„ „ „. vince to authorize by licence under his hand and feal, fuch and fo many ot fons to priftu. his Majefty's liege fubjfefcls, not exceeding fix in the whole, as he from their ZlZ?"""^ probity, education and condition in life Ihall deem fit and proper to pradice the profeflion of the Law in this Province; and that upon producing every fuch licence to the Clerk of the Crown knd Pleas in this Province, the name of fuch ^ nirfon (o licenced ftiall be infcribed on the roll of Attornies of the Court of King's Bench, and each aiwieVcry perfon whole name fliali be fo inscribed, , iRa>>> y V. 'i Recital. Gavemort Aci authoriied to lir>!nce fii per* iQ* C. 3-4. In the Forty third year of Oeorgt the Tf^ird, A. H, i^o^. Third SeJiOf^ PETER HUNTER ESQUIRE} LIEUTENANT GOVERNOR. B-fere any per. Ton applies to the Governor, kc. fuch pel' foil lliill pro- cure a certifi- cate from the Court of King'i Reach. Afier inroll. pient ot any perfon under this A<^, he is to fuhfcrlbe the Tulei of the Law Society, andihe Society to ad. mit hima mem. ber. Fees to the Co. vernor's Secre. tary and Clerk of the Crown. Recital. Cranti to two or more perfoni and their heirs, to be conftrued giving cftates ir> cnmm' n, unkfs ctprefTcd in fliall, after having been admitted a member of the Law Society in manner here- in after mentioned, be authorized to practice the profeflion of the Law, as fully to all intents and purpofcs as any Barrifter and Attorney now practices the fame In this Province. IL Provided always neverthelefs, That before any perfon fliall apply to the Governor,*Lieutenant Governor, or Perfon Adminiftering the Government of this Province, for fuch licence as aforefaid, fuch perfon Ihall apply to the Judges of his Majclly's Court of King's Bench, and fhall procure from that "Court a certificate, under the hand of the Chief Juftice, or in his abfence, of the fenior puifne judge of the faid Court, that fuch Court is fatisfied of the abi- lity and fitnel's of the party fo applying to be admitted to practice as a Barriltcr and Attorney in this Province. IIL Providcdalfo, and be it further EnaBed, That from and after the in- rollment of any fuch perfon or perfons under the authority of this AB, he fhall offer himlelf to the Law Society of this Province, and (hall offer to fub- fcribe and conform to the exilting rules and regulations of the faid Society, and fuch Society is hereby required to admit him a member of the fame, IV. And be it further EnaEled by the Authority aforefaid^ That it fhall and tnay be lawful to and for the Secretary of the Governor, Lieutenant Gover- nor, or Perfon Adminiftering the Government of this Province, to demand and receive the fum of two pounds, on the delivery- of each and every fuch li- cence as aforefaid, and for the faid Clerk of the Crown and Pleas to demand and receive the fum of thirteen Ihillings and four-pence, for infcribing the name of each and every perfon fo licenced upon the faid roll. CHAP. IV. An ACT to declare the rights of certain Grantees of Wafle Lands of the Croxun. [Palled 5th March, 1803.] WHEREAS fcveral grants of Wafte Lands of the Crown did, previous to the firft (lay of July, in the year of our Lord one thoufand eight hundred, pals the Great Seal of this Province, to two or more perfons and their heirs ; and whereas it was his Majefty's gracious intention, and alfo the underllaiiding of the Gratjtees, that fuch perfons Ihould hold their lands under luch grants as tenants in common ; but fuch grants were erroneoufly fo drawn and iilued as to convey to the grantees eftates in joint tenancy ; and whereas the rights of many pcrlbns inay be thereby affeBed, and the gracious intenti- on of his Majelty frullraied, Be it therefore enaBed by the King's mod excel- lent Majcity, by and wi'h the advice and confent of the Legiflative Council and Aflembly oith<: Province of I/^jf/f/CflMafi^fljConftitutedandaireinbled by virtue of and under the authority of an AB palfed in the Parliament of Great Britain^ intituled, "An AB to repeal certain parts of an AB palled in the four, teenth year of his Majefty's reign, intituled, " An AB for making mi)re effeBual provilion for the government of the Province of Qiicbec^ iti North America, and to make furtiier provilion for the government of the faid Pro. vince," and by the authority of the fame, That all Grants of the Wafte Lands of the Crown, which, previous to the faid firit day of July, in the year of our Lord one thoufand eight hundred, pafl'cd the Great Seal of this Province to two or more perfons and their heirs, Ihail, from and aflcf the day of the date of fuch Grants rcJpeclively, be taken and conflrued in all Courts of Law and £<]uity, to II i fuch grant to be to the life of fiirh frnntreiu joint icniAtl. The right! of purchafrrs, mortgagees, fcc. not to be im- peachedi R«citU> Third ParliamtnU C, 4-5. In the Foriy^third ytar 0/ George the Third, A. D. 1803. 193 to enure and operate as giving to the feveral Grantees eftates in common, and not in joint tenancy, unleis it fliall be diftinttly exprcfled or declared in the faid grant, that fuch lands were to be held by, or to the ufe of fuch grantees as joint tenants, any law to the contrary notwithftanding. H. Provided always neverthelels, and it is hereby declared, That nothing herein contained Ihall extend or be conftrued to extend to impeach, or in any manner to affetl the rights of any bona fide purchafer, mortgagee, or other in* cumbrancer, for valuable conlideration ; provided fuch purchafers, mortga- gees, or other incumbrancers can (hew their right, claim, or title to have veiled previous to the palling of this Aft. CHAP. V. An ACT io enable Married Women having Real Ejlate^ more conveniently to alien and convey the fame. [Pafl'ed the 5th of March, 1803.] WHEREAS, by the laws of England, married women can only alien and convey their real eftates by fine, or other matter of record, and there being as yet, no exprefs provilion made for levying fines in this Province, it has become expedient that fome mode of conveyance Ihould be by law adopt- ed, to enable fuch married women to alien their laid real eftates; lie it therefore enafcled by the King's moft excellent Majefty, by and with the advice andcnn- fent of the Legillative Council and AHembly of the Province of £//j&er Cowfl- dfl, conllitutcd and aflem bled by virtue of and under the authority of an Ad palled in the Parliament oi Great Britain, intituled, " An Act to repeal certain parts of an Act, pafled in the fourteenth year of his Majefty's reign, iniituledi « An Act for making more effectual provifion for the Government of the Pro- vince of Qutbec'xn North America, and to make further provilion for the Go- vernment of the faid Province," and by the authority of the fame. That from and after the firft day of April, in this prefentyear one thoufand eight hundred and three, it fhall and may be lawful to and for any married woman having real eftate in this Province, and being above the age of twenty -one years, with the knowledge and Gonfent of, and by any Deed or Deeds jointly with her hulband, to alien, depart with, and convey the fame to fuch ufe and ufes as to her and her faid hulband fhall feem meet, which conveyance fhall be as valid and effectual in the law, to all intents and purpofes, as if Ihe were lole, any law or ufage to the contrary notwithftanding. II. Provided neverthelefs, and it is hereby declared. That nothing in fuch Deed contained, Ihall have any force or effect to bar fuch married woman or her faid hulband, or her heirs, during the continuance of the coverture, «r after the diffolution thereof, or ihall be held to have any lorce or :ftfect whatfoever, unlefs fuch married woman (hall ajjpear in open Court, in the Court of Kin Vs Bench, or bctore any Judge ther^ot'at his Chambers, or before a Judge ot Af- fize, at the Sittings for the Home Diftrict,or on his Circuit, and be txamiutd bv the faid Court or Judge, t( uching her content, and ftiall freely and volunta- rily, and without coercion, give her confent, before fuch Court or Judge, to alien and depart with lucheitate, norunlt^fs fuch examination (hall take place wiihin Jix mv)nths from the time of the execution of fuch Deed of Conveyance as herein before ftateH. 1II< And be it further EnaBfd by the Authority aforefaid. That in cafe it (hall appear to ihc faid Coint or Judge, ihui fuch marvicd woinan dotu lUisy anu. freclv conlcut to depart with, alien and convey her faid real eftate, without co- li b erciou, It (hall be law- ful tor any mar> ried wonnaii having real ef. tate, by deed, jointly with her her hulband, to alien, &c. Such married womait to be examined in o- pen Court, touching htx coulent. The Court or Judge to caufe * CcrtiUcate «] iuch mariied k woBian't cnn. feiit, to be eii> dorled oa the deeil. Fees for fuch Certificate. Such deedi to ha\e no other force or effcft than they would have had in cafe fuch married woman had beca fole. *94 G. 5-6. In the forty.thiri year of Oeorge the Third. A. D. 1803. Third SeMon PETER HUNTER ESftUIRE, I.IEUTENANT GOVERNOR. ercion, or fear of coercion on the part of her hufband, or any other perfon. it Ihall and may be lawful for iuch Court or Judge, an-i they are rerpea"velv hereby required, to caufe a cenificate thereof i'o be%ndorfedon the Dc^foH ecuted by her and her fa.d hufband as aforefaid, which certificate fhall ft ate ^he day on which fuch examination is taken, and fhall be figned by the Chief luf- tice, or in h.s abfence by the fenior puifne Judge of the faid Court, or by the faid Judge before whom the fame fhail be taken at the faid Sittings, or o^n hi Circuit, or at Chambers, for which Certificate the Clerk of the Crown, when the examination fhall be taken in term time, ftiall be intitled to demand and re^ ce.vethe fum of fave fhill.ngs, and no more, and when taken by a fudge dir- ing thej"".ngj, or upon the Circuit, or at Chambers, the Judges Marfhall fhall cW^T'^^u^ aifo, and it is hereby further Enacted by the Authority afore- faid, That nothing in this Act contained fhall be taken or conftrued to «ive to fuch Deeds fo executed as aforefaid, fo far as relates to the married woman or the intereas of herfelf, or thole claiming under her, any greater or other force or effect, than the fame would have had in cafe fuch married woman had been fole at the time of executing the fame. CHAP. VI. ^fV^-^"?^"' ''^^'"'"^ """"^ awr«^m^ an Anpafed in the thirty-third year of his Majejiys reign intituled, « An AH to Encourage the DeJiroyiL ,f Wolves and Bears m different parts oj this Province." J ^ % "J Tn «... [Pa'fed the 5th of March, iSoq.l O encourage more eflPectually the deftroying of Wolves, Be it enacted by the Kingsmoft excellent Majefty, by and with the advice and confent oftheLegiflativeCouncil andAflemblyof the Province of i//,j!,,r Canada, conitituted and alfembled by virtue of, and under the authority of an Act palT- ed m the Parliament of Gr^fl^5nVfle«, intituled, « An Act to repeal certain parts of an Act paled in the fourteenth year of his Majefty "s reign, intituled. " ^" ^" I'^'i ™f l^'"? more effectual provifion for the Government of the Province ol Quebec m North America, and to make further provilion for the Government of the faid Province," uid by the authority of the fame. That from and after the paffing of this Act, fo much of an Act palled in the thirty-third year of his Majefty's rcign, intituled, « An Act to encourage the deftroying of Wolves and Bears in different parts of this Province," as provides that the fkid Act ihaw not extend, nor be conftrued to extend to the Wcftcrn Diftrict of this Province, nor have any force or operation whatfoever therein, be repcaled,and the lame is hereby repealed accordingly. II. And be itjurther Enaacd by the Authority aforefaid. That each and eve- ry certihcate granted in purfuance of the faid laft recited Act, for having de- ftroyed a Wolf or Wolves, fhall be a lawful tender to the full value and a- mount therein fpeciHed, for and towards the difcharge of any Diftrict rate or affeffment, to be collected of, or from any perfon or perfons within the Diftrict wherein fuch Wolf or Wolves flaall have been deftroyed, and fhall according- ly as fuch be accepted and taken as equivalent to fo much of the current gold or hlver com of this Province, by the Collector of each and everv Townfhip within iuch Diftnc. refpectively throughout this Province, and as fuch fhall, and Recital. So much of for- mer Adls repeal. •d as relates to the Weftern Dillria.. Certificate to b' a lawful ten. der tor Dillriift affcflmeiit. •*-..< When Cprtifi. cate preleitfi to th*T piOj- ref, he is forth- with to piy lie fame, if he hat funds in hii hands, if he ha* oot, &c. RecitaL Third ParUiOnetH, C.6'j'9. Irtthi For^ihirdyeMr of^iergttheThird. A.D. 1803. 195 and may by each and every Collector relpecti"v<^ly, be paid' and delivered over to the Diftrict Trcafurer, by whom the fame ihall in like manner be taken and accepted as a lawful tender, and as equivalent to fo much of the aforcfaid Cur- rent coin of the Province, r r J r^, . . III. And be it further Enalled by the Authority tf/orf/aifl, That when and to often as any perfon or perfons polfeffed of any iuch Certificate as aforefaid, ihall prefent the fame to the Treafurer of the Diftrict wherein fuch Wolf or Wolves fliall have been deftroyed, he the faid Treafurer (hall forthwith pay and faiisfy the bounty to which fuch certificate hall intitle the perfon or per- fons prefenting the fame, provided the Diftrict fund in his hands at the time, do enable him fo to do ; and if the Diftrict fund in his hands at the lime do not enable him the faid Diftrict Treafurer to pay and fatisfy fuch bounty forth- with, then and in fuch cafe, he the faid Diftrict Treafurer Ihall pay and fatisfy the fame out of the firft monies of the Diftrict which Ihall next thereafter come into his hands. CHAP. VII. An ACT to repeal/or a limited time^ part of an AB. pajfed in the thirty-fourth year of hii Maje/iy'srei^n. intituled, " An Ad forthe regulation oj Junes:* ■^ -^ -^-^^ * [Pdfled 5lh March, 1803.] WHEREAS the regular adminiftration of public juftice within the Home Diftrift has in fome inftances been retarded, by realon of the incapacity of the Sheriff to fummon and return ihe necclfary number of Jurors, in obedience to his MajeRy's writs to him for that purpoledirefted, "vithout fubjeiting himfelf to Iuch penalties as by law might have been inflifted upon him, for fummoning and relurnmg perfons to ferve on trials whohave ferved thereat wittjin one year before, tor remedy thereof. Be it Enafted by the King's moft excellent Majefty, by and with the advice and conlent of the Legiflative Council and AHembly of the Province o\ Upper Canada, conftituted and affembled by virtue of, and under theauthorily of an Ait palled in the Parliament ot Great Britain, intituled, •• An Aft to repeal certain parts ot an Aft, pdlfedinthe fourteenth year of his Majefty's reign, intituled, "An Aa formaking more effectual provifion for the Government of the Province of Quebec m ^ortl^ Ame- rica and to make further provifion for the Government of the faid Province," and by the authority of the fame, That from ai.d after the palling ot this Aft, fo much of an AA p^ifled in the thirty fourth year of his Majefty's reign, intituled, "An Act tor the regulation of Juries," as enifts, That for preventing abules by bbentfs. Bailiffs, or other Officers concerned in the fummoning and returning of Jurors, no perlon or perfons Ihall be returned as a Juror or Jurors to ferve on trials at any Affizes or Nifi Prius Qujrter SeOions or Dillria Court, who have ferved thereat within the ipace of one year before ; and that if any Iuch Sheriff Ihall wilfully tranigrefs therein, any Judee, or Juflice ot Affize or Nili Prius, may, and is thereby required, on ex- amination and proof of fuch offence, in a fummary way, to let a fine or fines upon every fuch offender as he ihall think meet, not exceeding the f um of ten pounds tor any one offence. Ihall, with relpedt to the Sheriff, Coroner, Bailiffs and other OflS- ters concerned m the lurnmoning and returning ot Jurors within the Home UiHri« aforefaid. be repealed, and the fanie is hereby repealed accordingly. II. And be it further Enaited by the Authority aforejaid, That this AR ihalJ be, and continue to be in torct tor and durn.g four years, and Irom thence until the end ok the Seffion of Pailiamcnt then nt^i -junediately entuinji, and no longer. i . \¥. VlII. An ACT to authorize the AJtorneys now Practicing, or hereafter to hs duly ad- mitted to tradice, to take fuch number of Clerks as therein mentioned. •^ I Pail, d 5th March, 1803.1 >E it eniaed by the King's moft excellent M.jefty, fly and with the advice" and ' coufenl of the LcgilUtive Council and Aifemuly ot the PioviuCe of Upper Canada, B b a conftiiuicd B' FreamMe* Every Attorney may take two Clcrki at one time and no more. The Attorney and Solicitor General may take three and no more. 195 C. 8.9. In the Ftrtf third year 0/ George the Third. A. D. 1803. Third SeJIcn PETER HUNTER ESJJUIRE, LIEUTENANT GOVERNOR. connitutcd and affembled by virtue of, and under the authority of an Aft palTed In L.L^H,;T"f "^^''fi ^"""\ '['!""'*'^ " A" Aa to repeal certain paru S an Aft paired in the fourteenth year of his Majedy's reign, intituled •• An Aft for makiniJ morc.effeaual prov.fion for the Government of the Province of Qu^trirH America and to maite further provifu-n for the Government of the faid Province " and by the authority of the lame. That from and after the paffing of th. Aft it tlmL^'Jl" t '° r"^ ^''"'* =*"** '""y P"*""" »"^ P"f«"» no'- pr fticbg the profeffion of the Law as Attorneys in th.. Province, or iho (hall hereafter b"dulv authorized to praft.ce a, iuch. to take and have t;.o Clerks at one time and "J 2T "IV"^ ^"^.^P' r'^ "JP^^ »° hi. Majefty's Attorney and Sond^rGener^r each o; whom is hereby authorized to take three Clerks, and no more, any former law, ulage or regulation to the contrary potwithftauding. ' ^ """ CHAP IX An hCT for the better fccuring to his Majcjly, 'his Heirs and Succeffors, the dm LoUeclion and Receipt of certain Duties therein mentionJd. [PaflTed 5th March, 1803.] -yyHEREAS the regulations andufages which have heretofore been eflablidicd and hitherto oblervcd in the lUuing ut licences to perfons to fell by retail, wine and fp.rituous liquors, or to ule and employ ftills for the diftillation of fpirituous I'q.iors. have been tou.id diLiory and circuitous, and thereby injurious to his Ma- rU) s .evenue ar.fing ther.fiom, for remedy thereof. Be it iheretore enaft.d by .he Kmgs mofl excellent M.jrty, by and with the .dvice and confent of the Lc gin.-;ve Council and Aif^mbiv of the Province of Upper Canada, conftifuted and af- fenibled by virtue of, and under the authority of an Aft p.Hed in the Parliament of 6r..< /inra,n. imituled .' An Aft torepeal certain par.sof an Aft paHVd in the four- teenth year of his Majea>'s.e.gn. intituled, - An Aft for making moreeffeftnal pro- yidon lor the Guyetnmeni of ihe Province of duehec, in Nor/A America, and to make urt.er prov.f.on lor the Government of the faid Province." and by ih^ authority of he fame, Tha (rom and afterthe faftb day of April now rext cnfuing. fuch Lt\ nH f. much of five K v.,^i Afts. which heretofore have pafiTed in the P rliamem of th;8 Province that u to f .y. an A,4 puffed in the thirty third year of his Majenv^s reiHU '"...uied. •• An Am to eftabl.lh a further fund, for the payment of thi [a! ries of the Olficers ot .n. I, egiihtive Council and the Houle of Alfembly. and for delray.ng Hie contingent tx^^rices thereof ;» an Aft pafled in the thirtyfourth year A A ^Ta^ " l^T' •"I'.^^'^'l' •• An Aft to lay and coUeft a duty upon (fills"' an Aft palled in the lame thirty-fourth year of his Majefty's reign, intituled. - An Aft for regui.fng the manner of licencing public houfes, and for the more eaVy con- y.fting of perfons felling fpirituous liquors without licence.;" an Aft paffed in the b.rty-hxth year of h,8 Majefiy's reign, intituled. •• An Aft to amend an Aft. inM- uled, An Aft for regulating the manner of licencing public houles, and 'or the more *aly convifting of perfons felling fpirituous liquors without licence •« and an Aft palfcd in the thirty-feventh year of his Majenv's reign, intituled. •• An Aft o encreafe the revenue, and to compel the accounting more regularly for the fame o the Treafurcr of the Province." as regard, or in any wife relpeft the Secretary of the Province, his agents or deputies, or any of them, or wiiich authorize the faid Secretary, his agents or deputies, oranyof them, to receive. diHribute, or account for any licence or licences, ilfued by the Governor. Lieutenant Governor, or Perlon Adminiftering the Government for the time being, for the purp ,les and to the in- ents m the faid feveral five laft recited Afts, or in any of them mentioned and con- tained, or which require or direft any application or written requifition to be made to the faid Secretary, h.s deputies or agents, or any of them, touching, or in anv wife concerning any purpofe, matter or thing in fuch Afts. or any of them, con- tamed, (hall CMfc ami W.«»<>rmipo -^^A fV5.ll X,- 1 ^u r ^ • L r ; and refpeaively repealed accoidingly, ' ' lU And Repeat of for- Third Parlimeni, C. 9. In the /orty-third year 0/ Georgi the Third. A. D. 1803. *97 be a|>)i'iuiicd >• II. And be it further EnaSed by the Aulhorily ajortfo.d. That .t fliall and may be bw- ful. from time to time, a»d all tin-.cs hercullcr during the conin-.u.nce cl .hviAa, toandTr he Governor. Lieutenant Governor, or Perfun Admi-nfleringthe Govern- ment in this Province foV the time being, by an inftrument m wnt.ng ""d" h,» hand a^id feal. to authoriz^ commiffion and appoint, dunng pleafurc, in earh and e^e y DiftriVin thiB Province, f.me fir and difcree, perion to be l"'Pf^^i;>^;„^^;^^';^ ; J^ the D.ftria for which he iluU be fo appointed, luperuiteud. colieit 1"« /'f'^''"^:! '^[ /as herein after provided) his Mniefly's revenue. anHng fro.n and by fucn hcer^ce or cence. as "o^L and aher the la.d'fit.h day of AprU now nexj cnfu.ng Uiall a^rd may at any lime or times thereafier, ilfue to any perfon or perlons wrhm he D 1- Tr\l in which fuch perfon Ih .11 be fo appointed Ir, Ipeftor to o, for any « 'he pur- oofes. ends or intents in the (aid bft five rented Afts. or in any one of 'hem men- a or comained. which InfpeAors when [r-^^'^'"^' -•"^^^^.'-'j^'lf,;",;,^ pointed as aforefaid. (bail (everally, w.thu. their ^' fP^^]'^,= ^''* '^J^' 'j'^!;,^;" ,,'- Tnd D)ffe!8 all and lineulir the powers and authorities, and II all. and aie hercoy le ve?alCeqai.edtoex^e;c.le. peifonn and lulfili. all and lingular the duties iequ;rcd of oMm?ofed upon the faid Secretary of the Province. ^'^ f pm-es or agem^^^ any of them, by any of the faid iaft five recited A^s, except lo lar as iuuh duties are varipc^, or aie oiheiwife provided for by this Aft. Mode of obtain. III. And be it further EnaaeJ by the Auth'ttty afore'aul, Th.t m all cal.s ""» ^»"" ■ l.,,,,,... wi'e provided (or in and by this Aft. e.ch and tvery pnlon dei.r.n,s ot obtaining a nePcrorlicenc.s under the provfions of the (n.d bH five recited Am or an> of hem 'h^ m der the rHpe6t ve re(tri6tions and penalties therein leveraily Ipec.h- 5Tnd c'nhined an/in n^anner .nd form tner.m -' '-^a: nv.ke iurh aDplicalion. and in and by a wnlien requihtiun. luuuiii ucti Ipeutica _ t^onlo heinS D'»^'« lerem.nviuch applicant may Le dehrous of being 1 enced as n and. bv any of the b.d AHs u is Ipech.d, dueeted and provided to be'iade or done to the (a,d kretarv hi. agents or deputu. "J -^^'J^-' ^,f IV. Aud le it 'urther Emd.d by the Auihnty aforelaul, Tt^.i l "' ' , '^^^ '^^ '^ " ^ '^ e.ch and every Infpeft.r to be appointed unde; ana by virtue 01 this Aa, in the DM^ri't n wh ch he mall reiide. and each and every o( them ,s hereby required to ff e n".v e ^ry me ns in his power, whether -here is or a.e any perion 01 perlons „ f^^fichD^ariM.lolelKvend. ^r t.rter. ci-^ly - -J-'^y-^-y J- ^ i^^";- TS^VI^; than thofe li- tenced. and to proceed againlt ofTenders. Inrpe£tor« t* afcertaiii per- foiis I'elling Wine or Spirit* without licence or ufiiig Stills ous liquors by retail without a hrence. or who Ihall have '" ^^'^' '^;" "^'^j;;/;^^; felfion any dill or liills, ul d m difl.lling .ny Ip-ntuous .'''^"^- r r'^^'^^;/'"^^^^^^ fo doing or whether anv perion or perlons having received a licence tor any Itill or i^^.l : 'do maJu^ n[ ar.y?ul.or ftilFs othe, tl.an luch as ^-^;.^;'^^l^X^:;S^ or 11 all u(e any ftill or IlilU of oreater cap .cty th.n luch . 'bal have be u pec.faed bv the perion or perlons uhng .he lame to the fud Inlpe^or, and il t *»'^''^PP"' to'tt E lnfpe.^L that ther'e is. or are any luch peilon - P-<-- ^^J '^^/Ji^,"" ! or Ipirituous I quois without licence by retail, cr (hall have 1 his. her or «bm p"l Jefllon "d iha'.l ule any 11,11 or ftUls without '-"-'/^i'; "'[7^^;;^ J 1^^,^^^ ft. lis than luch as Ihall hive been licenced as atoiehud, the laid Inlpeettjr is nereoy Sor' ed and reV'-d to pvoceed again.Uuch offender or oftenders in the b^^^ m.nnerand lorm ;.s ;.nv compi iiniiut is oireHed in the betore recited A6ts, or any oi Them. nS fu h "ttende'ror oSeudeis thai, be convi^ed in the lame '«->- -f;--^ and be lubiect to li.e lame pains and penalties, as directed and impoled by the laid leforereched Acts, or any Ll them. !tnd .he fa.d penalty and penalties fo inflicted oJimpoled. IhVll Ve d Ipofed of and paid in the lame manner as duccied and required '''^:A:::t^uX^:"L:^:Xihe AMty afor.Jald, That it (hall and ma^bc 1^- ful to and h>r each and every Inlpecior. and he is hereby required to tender a juit, uie andfailhlul act ount of 111 m'.n.es which he Ihall collect and 'e^tve under and by V rtue ut this Act. to the Infpeclor Genenl of this Province, o"« '" ^^ > '^^ ^o nion'hs ; and luch Infpeclor Ihall t^^ice m ev.iy year, pay or caole 'o be Pa ° int*> Uie bands ot the Receiver Gencsal ol ibis Piovipce, ail luch monies as he Ihall lo re- InfpeftoT of the Diftria to render account to the lnl'pc£l> or General of the Provtnt* 198 C.9. Jntheforty4hiri,iarofGeorgithThiri. A. D. 1809. Third Sejlon FETER HUNTER ESQUIRE, LIEUTENANT GOVERNOR, At Ihted timet. Allowance to the Infpcftor ot (he UiltriCt. th: once before Qrii October, and onct Infpfctor of e.uh Uillritt to take Oath. Inlpfctorofthe Diiirict to give lecunty. Ffes to t!if dif. trict lal; eclor. Fee to the Lieutenant Go- vernor's Secrc- tiry. ceive, thefirrt day of ..^.... yi. And be it Jurlher Enaaedby the Authority aforefaid Tha» if n,,11 ,«4 ~ l . fol .„ .nd lor «ch and .v,ry lipccto., ou/of affl cm, L ll" , "? C St '"'• Dcy «h,ch under and by .irlut of ihi, Act he flull collect e« ^and a^ou^! f^ from any perlon or perfon. to be licenced to fell or dmill any Sitiou. n„„ " . ' o tins Act .s hereby required, before he fhall enter upon the execu ion of^hl hi5 olhce. to tdke and iubfcnbe the toliowins Oath, which Oath (Infl?!. ^1,1 /"* rr'7 °* h", M^jefty's Juflicesof the Peace in and for the D « « jn w^>^^^^^^ Inlpector ihall be lo appointed, who are hereby authorized and r qu red To dm " i? ter .he fame, and to tranf.nit a certificate of fuch Infpector havino^" ken fuch o5 K before them, to the Governor, Lieutenant Governor or P^r<; V. a^ • A • "*'" Government of this Province f^r the time being! ' ^' ^"'"" Admm.fter.ng the " /. ^^- ^- do /wear o>i the Holy Evangdi/ls of Almighty God, that I will rvell and truly e.ccaU do and pajon. th/ duty\j InJ%lr o/l^TsMajHlt f7«;^;f/'«f /-'^;.//-y;> tavern andpil Ucencd and u>^U Ly andZir, f ^^^j'^'"'"'?^ ^/^. c.//rd.on thereof, according to the bell ojmy /kill and t"t^lV r f/;«A-'^//^««^' orJuJp^c^oloJJraad tLjlJllco^^^^ my knowledge I will fpare no perjonjromjavor or affeHion, nor will Tal f7/^'/''^/''>''/7«^/''^^^-'^oreV/t..7/, and that I will U all cafes faitl ' Jally do execute and perjorm, to the beji of my JkHl and knowledgalUnd • every the duties tmpojcd upon me by an Ak pajed tn the Provincial FarZ ment tut ejorty-thu-d year of his Majejlys reign, intituled, ^^An AHfTr the better fecupng n. hts Majejly, his Heirs andSuccefJors, he due colleion " and receipt of cerlmn duties therein mentioned." t-oueciion Provided always, and be it further EnaBed by the Authority aforefaid That no Inlpector to be appointed under and by virtue of tins Act, fhall enteJ uoon the execution o h.s olhcc, until he Ihall have given fecurity by two fu re ies^n twohundreda.uihfty pounds each, and himfelftn five hundred pounds, to 'h.s T}\\' *'r Vf""' and SucceHors, for the due performance of his office VIII And be itfiarther Enacted by the Authority aforefaid. That it fhall and may be law ul to and ior each and every I nfpector to be appointed unde and by v.rttje of this Act and he.s hereby allowed to demand and to take the fol lowmg tees :~tor hl.ng every requtfuion fora ftill licence, one {billing and three pence pF or. (Imng the licence, two niillings and lix-pencei-Forfil.nff mg the certihcate of the Mag.llrates and Clerk of the Peace, to the perfon re qu.rjng tavern licence, one Ihilling and three pence ;-For iduing the licence tvvo (hillings and fix-pence ;-For iifuing a fhop licence, two (hillines and ix o.^rl Any th.ng contained in the faid before r'eci.ed A^s. or any of h r^f 'o "„ ny^^^ he? law ufaje or regulation to the contrary in any wife notwifhrtanding. ^ " ul tor the becrttary of the G'.vernor, Lieutenant Governor, or Perfon Adminifter- mg the Government of this Province, to demand and take fh^ f„m nff",M,X" " ou ddivery of each and every coromiffion granted under and by virtue ot ibis A>t? * X.And Third ParlUmtnt, C. 9-to. In the forty-third year of George the Third. A. D. 1803. 199 X. And he it further Enaaed by the Authority aforefatd. That thii AA fhall be and con- tinue to be in force for and during two year§, and from thence to the end ol the then pext enfuing Seffion of Parliament, and no longer. C H A P. X. An ACT to extend the Provifiom of an An paffed in the thirty fourth year of his Majr/ly'ireigny intituled, " An A£l to rejlr am the Qujlom of permitting Horned Cattle, Horfes, Sheep and Swine to run at large." ■^ rPallcdthesthof March, 1803.] BE it enafted by the King's moft excellent Majefty, by and with the advice and con- fentof theLcginative Council and Affembly ol the Province of Upper Canaita, conftituied and ailcmblcd by virtue of, and under the authority of an Aa palled m the Parliament of Great Britain, intituled, " An Aft to repeal certain parti ol an Aft paffcdinthefourteenthyearof hit M.tjefty's reign, intituled, " An Afl for making moreeffeftual provilion for the Government of the Province of (Xuebec in North Ame- rica, and to make further provifion for the Government ot the faid Provmce, and by the authority of the lame. That whenever any horfes, cattle, flieep or Iwiue, taketi damage tealant, or running at large conlrary to law, lliall be impounded in the pound ofany townOiip, parilhor place,itlhallbe the duty of the pound-keeper to feed the fame, for doing which he Ihall be intitled to an allowance over and above hi» tees as pound-keeper, which allowance Qjall be Irom time to time regulated by the Juftj- ces in Quarter Seffions. ..,,.. r 1 j n. And be it Enaaed by the Authority aforrfaid, That tn all fuch cafe?, the pound- keeper, within forty-eight hours after the diflrefs (hall have been impounded, Ihall caule a notice thereof in writing to be affixed in three o^ the mort conlpicuou. and frequented parts of the townfhip, parilhor place, which notice Ihall give a delcripti- onoffuchdiftrefs, andfpecily when and where the laid dirtrels was intended to be fjld ; and if the owner of fuch diftrefs, or lomeperfon on his behalf, Ihall not, with- in fifteen days after fuch notice Ihall have been lo affixed, redeem the lame by pay- ing the charges penalty, if any, and for fuch pound-Xeeper fold, and alter deducting in the firft place his own charges, to pay the damages 01 pe- nalty, if any, to the perfon intitled thereto, and after payment of luch charges, da- mage or penalty, to return the furplus, if any, to the owoei. III. And be it further Enaitedby the Authority aforefaid. That if the owner of any dif- trels. or lomc perfon on his behalf. Ihall not appear, or (liall dilpute the amount ot the damages claimed, it Ihall and may be lawful for the pound keeper to apply to fome neighbouring Juaice of the P-iace, who is hereby authorized and "quired tortti- with lo iummon three freeholders, to whom he Ihall adminifter an oath well and tru- ly to alftls the damages, and where the faid freeholdeis ihall not agree, the determina- tion of the majority of them (hall be conclufive as to fuch damages. Provided never- thelefs, That nothing herein contained Ihall be conftrucd or taken to reflrain ttie owner of the dilfrels fr )m inUituting any fuit or fuits in confequence of any dil|rel$ ordinreifes to be made under the authority of this Act, in wfiich nothing Iha I be tried or called in quelUon, except the legality of taking or impounding iuch diUicls or dil^reffes. ten] c IV. And be it Enaaed by the Authority aforefaid. That from and after the tirn day ot May next, it Ifiall not be lawful for any perfon or perlons refiding in the feveial towns of nrk, Niairara. Qh^h/Zob, Amberltbi>rgh, Sandwich, Kin^jion, 01 him Jfohullown, to have any Iwine f^oing at large in the iai"d towns ; and if any Iwine belonging to any Ivich Coniinmnc* of thii Act. after fuch notice fhall have been lo affixed, redeem me lame oy i) ers to afTefs da- mages, iec. Swine not to go at large, in York, Niigar^j yui-eiUtown, Amherllburgh, Kingllon, or New Johftown. lu betote jelly tlirough ^ , .- M mai.ner :\nd form as his M*jefty fhall direct, to be recovered m a fummary way, ieftv's luUif.eanf the Peace, either UDoa the COuicffion of nn^ n( hi> M: the Puamble. 230 C. io-i 1 . In the Forty-third year of George ihe Thirl A. D. 18^3. Third Seffi^n •'tTER HUNTfcR Kk^JUlRE, LIEUTENANT GOVERNOR. the pirty romplained of, orupontheo3thofone credible nntner« wh?rJi r.,m ,f. - the puty ih .11 be To c.nv.cted. (h.ll be levied by didre.. and (!l'* !f tt Xdc •. 8>.o nfunlk «r- % very Cc cupicd •oa : e. II. /« the F0ri^.thiri par ./ Oe<>rgi M* Thiri. A. D. 1803. HiW Se/n,n fETIR HUNTtR ««QUIRE, LUUtKNANT OOVERNOR. cupicd for ihe purpoPe of vending mcrch.indi ic^.u be rated as a merrKanf. ft. a.i 1 not as an a-l Im-.r, .1 a(,,,r.mc.u 1.. the houll: Pr.i.ni vl .?? ! "^''P* that nothu., hcrc.a c. .u.n.l ,I..U| e.t ,,d o b^ uLm or ;li 1^^'^''''^ to auy pr„,,..rcy g, ,,|, o, cIL-ts, .natters or Jnt^'cT^^,^ l"Z'f\ an 1 cimn -...t.-d, winch Ihall bcl.iuj to, or be iu ihc aX , I T '"'-'"'""»-"'^ put.ou or his M.jollv, l.,s heir, or LclZv^ ' *'""''^^" "' ^"''' III. '^>l Authority aforffaid That ih^ ««,r ncnmaicd a.u ch.l.n as addl.r.s, in each and cveJ^ rdh; tow, d p r*^^^ ^"^ townlh.p or place, (hall, dur.n« the continuance of th,' At ImJe L ^ 1 a.uhoruy, and they arc hc.vhy au.horucd, nnpowo: d a^'t , yj/;,!^ maridan.l receive, ol an I from each and every inhabiian. rWIH .! 1^ ' l pa.ilh,townllnp..epn,e.. , .wnlh.p or placc^lor v^lnc^t V^^^^^^^^^^^ ' nated and cholen, a I.U u» all the rateable p oprTv r Jl Zw n , ? "7"' her or their pullelhon, which hll ll.all b^E im a ly .k^ h" ' '" ^''* «nce o( th.s Ad, between the (irll Mon.l.y n N a h a^ i c" e^^^^ y.uuer Seliionsonhe peac. then „ex, enln.n, : A ui . f A S" ,^^^^^^ make a .vtarn of all ihe inhabitants, with a true IKl of a the .. pertv, ..al and perlonal, as alorela,;i, at the !». 1^ vh d ' ^ S A LK fhall lul.lcnhethdr names, and alter puuinu up a conJ lie .^^^^^^^^ AHefur, AflVflnri la de. miiiil iiilt III rair4l)l( |iio- f«riy. ComprnraMon tn lh«Airellui!i. ^rroHlonmfnt fhall return the lame to the Clerk of tTK.'''iw ''"r"' ",'" '-■"^- ."'»" ^^ "uiUe, ».nn laid before the fa.d ComI ofNijI.atr Sdlionl'^ " '"' '" '"'" ""^ ^^' '^ IV. Andkeit/urther EnatUdhvdr Autlionly aforrfaid That it wnfhips or places, (;.r the year duril'lhiduli^C^r h r';:;;.;::'^^^ fo in proportion for any K'eater or Idler fun. or fum and t le T Iln' r V. And be it further Eiiactcd by Ihf Authority aroref.iid Tl,nr .l,„ iv/r -n o aflemblcd as afordaid, are hereby ^nJr.LZ^:;J^:^^^ ter having afccrtaincd the fum of money required to be raifrrl r^r 'h r ' the public expences of the Diltrid, to dividi and appor.ior^d. f "^'"^ each and every perlon in the laid rate lill named LEc. .1 "l^'"" faid fo that every perlon fhall be affelledin ^ju^ pr , o iin o'the h'^ ' n'" or her rateable property, real and perfonal, accorJinfto X;: '^1 u " ^ fore (pec.hed ; and having alcertained the quota, .Irvidend or fu.n of n jvhich each and every perfon fo affefled fl.all ^ay fo the cu rnu -L? ftall direl the Clerk of the Peace to tranfmit Lfthwi h a erS 'co^y J'f fuchaHdlment roll, fo rated and afcert.uned as afnr,.r:.i,i , •" " "^^ ^"PX "* Colleaor within the Dillrid, and for ach of whidrh h'.in "'""^ ?"? ""'"'J and the Treafurer of ti,e D.dr'id is hereby required o pt to Ii?' t^'r "^ '"/"^' ^:^:^::::^-^\:^^^^- ^^at the ^zt;::.rz;, ' ' ' ~ ^^'^ P^""> '" ^"*' F"«»»a upon ihe iuiu herein before [pe- ciiicd. >p. lA- Third Parliament, C, li. In ihi/orly-third year 0/ George the Third. A. 0. 1803. 103 cificd, as ihc valuation at which each fpecics oF ihc property before mentioned J.t^J'/lU'i'.^i;. iUall,t|e rated. VI. And whereas fcvcral pcrfons may have rateable property in diflcrcnt townOups and in (hfkrcni (lillritln ol this Piovincc, Be it thcrclbic enadcd by the authority arorclaid, tlial every inhabitant 1» heriby required to give m a lill of all iucli rateable property to the affillorsof the townlhip wherein ho or Die (ball rcfide, the Collctlor whereof (ball have authority tocollctl for the fame ; and luch pcrlon lo alicifed and having paid the rate, (hall not be liable to pay the lame many other townlhip or didiitt. VII. And be it further Enacted by the Authority aforefaidy That all and f'^mn fx*<,\. every the provibons contained in the laid AH of the thirty-third year of his f„,„. M;tjcfly'» rcij;n, conccrninjj the application of the monies to be railed under that A*;l (excepting lo far as relates to bears) and alio the twentieth, twenty- fccond, tweniy-third, twenty-fouriK, twenty-fifth, twenty-lixth, twenty le- venth and iwenty-nuiib tlaules of laid Ad Ihall be, and the fame and each and every of luch tlaufesaie hereby declared to be in lull force, and all and every luch provilions and claules Iball be held, deemed and conllrucd to be legally applicable to the enforcing payment by the inhabitants of this Pro- vince; and tlie regulation in all relpctls of the rates and alUUments hereby imeiulcd to be impolcd, and of every matter and thing relative to Inch raiea and alll Hincnts. Any thing herein contained to the contrary in any wile not^ VithllatHling. VI II. And be it/ur'hfr Enacted by the Authority aforefatd^ That the Clerk ©f the Teace in each and every dillritl in this Province, Iball, and he is hereby required tt) tranlmit, before the end of ihe month of November in every ,'ear, to the Clerk of the lloulc of AHembiy for the time being, an aggre- Cleric tf (h* Fence to iranf. itm «n «(5|[rt. gate account of the faid alleflinent, which Iball coniiiin a full and true Hate, nient of every fpecics of property in lelpetl of which fuch ulleflment was made : And the laid Clerks ol the Peace relpeaively, are hereby authorized to demand, and the Treafurers of each dillritl arc hereby rcfpetlively required to pay to each of the Clerks of the Peace, lor their trouble in making up luch aggregate account, the fum of ten Ihillings, which account may be in the form hereunto lubjoined. IX. And be it further Enacted by the Authority aforejaid, That the Trcafurcr of each and every dillrid Iball, and every ol them arc hereby required to tranlmit to the Governor, Lieutenant Governor, or Perfon Adminillefing i«t«iciaunt. the Government for the time being, on or before the firft Monday in No- vcinber, yearly and every year, a true and jult copy of the account, to be, under and by virtue of the provibons of this Ad, dcliverrd unto the Jullices ai iheir Quarter Sellions, and a copy of which faid account the laid 1 rca- furer is hereby required, at the faid time in every year, to put up at the Court-Houle, in each and every diftrid in which iuch Trealurcr ihall re- X. And be it further Enacted by the Authority aforefaid^ That if any of the Trtafuw to peilons to be appointed as Aflellors or Colledois uiider the authority of this tu..rrr,.t^ «- Ad, Iball neglect or refule to perform the duty impolcd upon ihem and each Lwner!'* of th"n by the provibons herein contained, in manner and form as is herein fpeidieti and declared; or if any perfon or perfons liable to pay any of the raiei by this Ad impofld, ihall ncglcd or refufe to deliver in a true hit of hu, Ikt or iheir rateable property, real and perlonal, to the AllcHors, in .' \\ Id Cc a manner pBDjlty for ne- gleet or suftatea ncot. ao4 C. I a. In the Fortythiri par cf GurgUke Thirl A. D. 1803. Third Stjitn rETER HUNTER ESgUlRE, LIEUTENANT GOVERNOR. manner and form herein before fpecified, or fhall wilfully 'miftate fuch Tatea. ble property, every fuch perfoa or perfons fhall forfeit and pay a fum of mo- ney net iels than forty fliillings, nor more than five pounds, for the firft ne» glea or refufal, and ten pounds for the fecond, to be levied by diltrefs and fale of the offenders goods and chattels, and upon complaint of fuch negled, the Magiftrates in Quarter Selfions affembled, fhall hear and determmc the fame, and upon fufhcient proof being produced to them of fuch negleft or miftatement, they fhall iffue fuch warrant as aforefaid, and fuch fom of mo- ney when colleded, fhall be paid into the hands of his Majelly's Receiver General, to and for the ufe of his Majefty, his Heirs and SuccefTors, and towards the fupportof the government of this Province, to be accounted for to his Majefty through the Commiifioners of his Majefty's Treafury for the time being, in fuch manner and form as it fhall pleafe his Majefty to dire6t. Provided always neverthdefs^ That nothing herein contained fhall extend, or be conftrued to extend to the uncultivated lands of any infant under ihw age of twenty-one years, or of any married woman, but all the other rateable propertj' herein before defcribed and fpecified, and belonging to fuch infants or married women, fhall be held liable to contribute and to pay to the rates aforefaid, and Ihall and may be liable to be diftrained and fold under a Ma- giflrate's warrant for that purpofe to be obtained, in like manner as warrants are herein before direded to be obtained in other cafes of negligence or refu- fal to pay as aforefaid. XI. And be it further Enacted by the Authority aforefaid. That the affefT-' mcnts of the rates hereby impoled, may be in the form hereunto fubjoined. XII- And be it further Enacted by the Authority aforefaid. That this A61 fhall be and continue to be in force four years from and after the firft Mon- day of March in this prefent year, and from thence to the end of the then next enfuing Seffion of the Provincial Parliament, and no longer. Uncultivated lands of infants and married women except* ed. Continuation of Act. K H < < V \M FORM ■c Third PatlUmtfU* C. la* In Iht Jortythifi j^ear of Georgt the Third, A. D. 1803. 80- z < ^ ^ ^ •3XV>I •SUJ3ABX •SUIMJ J" ""N •i\w:i 'PtTioy SiinoX |o 0(vj SA\U3 JO *Of*4 •UJXQ )0 Of! •tjjioH )u -ov •sjjnoj-} JJojg j sdo4s sjuBipiJjv o X •siiiiv Ai>=S •ssiiois sjie.l r •«auoiij |o ir-io '■ Aijimij uj I •UiVlUJ_ llj •SIO-J U.IAO.L I ■psirAui n3iir\ •(ijjUAUin-j i in W < eq U Q ^0 < < o 0<^ ■3 o • ^ b« (U . 0.-0 H§ fi OJOh "^'000000000000000 Clj . 3 C ijMQOOOOOOOOTOOOO ■^.s •^ *^ .O"'00'*M>«OOOOOOOO"« I-* t , !» -, 1 .-a ^^ •^ 2 U -S 3 C I! ^ c o H s< o I I I I I I I I I I I I I ■ I I I < ' SL • I I " ? 1-3 » « f^ t/i i; tJ rt ^ * i: = 1 3 t < - J I "S '3 'c I CJ U O H ^-; S !: c tyi O cl! s 2 s - « a. ' B Ssg I £ « o „r O X" c <•' u. z ° O 3 fci -r; I I I ■ • rs' ^ o O. -a o « ^ '« 3 it = — • -0 > " ^ '"^ '"'^^- ANB PROROGUED ON THE NINTH DAY OF ^URCH FOLLOWING """' ^"'''''' CHAP. I. An ACT for the ^^gf^^^g ihn Provina again/l all Sedition, attempt, or aejtgns to dijiurb the rranquillity thereof. ^ » I vince from (he nfidioiis aiampis or defisiis of evil minded and led! Br.r;Ltretaedt xiC- 'm^" ^teS M'oi':,A"''""d "^fv 01 Upprr Canada, conftjtuted and alftmbled bv virtue ol and under ,),,."., Ihon.y „i an A« p.llcd ,„ .he Parl.amen, of L" BMn^tZli " An fc^ thcr provilion for the aroverument o( the iWA p.-^, • .• ' "''" " '"**'^^ '"'^- Oovernof, &c. ^,- / ,■ „,, ," >"-" uicni oi iHc idicj riovincc, and bv t IP aut loruv empowfred to of the lame, 1 hat troin and after the nafr.r„T r.f ,w, &a ■ n/ u ^"Jtiioruy .u.horize «r. lavfiil f„r .he f^.v^r, ^/ I t^e palling ot this A6}, It fhall and may be tain perrons to ''!"-'^' *^" ^'^^ T'^*^"'"'' ^^'eutcnant Governor, or Perlon Adminiltcnne the .rrtft orteridfrs Government of this Province (nr th^ \a..^.u c l '* -"^"'"V ''"& '"^ .g.mftth,.Aa. ecutive Coui.rils- .'■ i, V ?f Members of the Legiflative and Ex- In^l^r^^^ti^ f u..ges o, [,,, SUjdiyS Court of King's Bench for the tm e [,u.., ref;,rH.vely, or for any perlon or perlons authorized m that be- h.lf, by an ml irun.en, under the hand and leal of the Governor, Lieutenant Governor, nr Pc.ron Adumuilenn. rhe Government for the time bcu V o anyoneora.,.reo{ tl;en,,jo,nrlyorieparately, by warrant or warranH'nde h s or t!. a nand .nd feal, or hands and feals,'to arrert anv perfon or peS' not {.„.uig been .ni inhabitant or iiinubitants of " " ' " • ^ ' fix months next preceding the date of fueh taken the oa.ii of uli esiawe Province for the Ipace of warrant or warrants, or not havn e to our Sovereign Lord the King, who by word 1 { f actions OfTenders to depart the Pro- vince, or give fecuiity, See. Fourth Parliamenl. C. i. Inihe/orty./ourihjiearoJ George the Third. A. D. 1804. ao7 aflions or ciher behaviour or conduCt, hath or have endeavoured, or hath or have given juU caulc to fufped that he, Ihe or they is or are about to endea- vour to alienate the minds of his Majefty's fubjetts of this Province from his peribn or government, or in any wife with a leditious intent to difturb the tranquillity thereof, to the end that fuch perfon or perfons Ihall forthwith be brought before ihe laid perfon or perfons fo granting fuch warrant or warrant! agaiiift hun, her or ihcm, or any other perTbn or perfons duly authorized to grant iuch warrant or warrants by virtue of this Afct ; And if fuch perfon or peilons, not being Iuch inhabitant or inhabitants as aforefaid, or not having taken Iuch oath of allegiance, fhall not give to the perfon or perlbns (o grant- ing fuch warrant or warrants, or fo authorized as aforelaid, before whom he, fhe 01 they Ihall be brought, full and complete faiiifaftion that his, her or their words, actions, conduct or behaviour had no iuch tendency, or were not intended to promote or encourage difaffcttion to his Majefty's peribn or government, it Ihall and may be lawful lor each or any of the faid perfons fb granting fuch warrant or warrants, or lb authorized as aforefaid, and he and ihey is and are hereby required to deliver an order or orders in wuting, to fuch pcrioii or pel Ions, not being futh inhnbitant or inhabitants as aforefaid, or not having taken fuch oath of allegiance, requiring of him, her or them to de- part this Province within a time to be limited by Iuch order or orders, or if it Ihail be deemed expedient that he, fhe or they fhould be permitted to remain in this Province, to require from hiin, her or them good and fufhcient fecuri- ty to the fatisfaClion of ihe perlon or perfons acting under the authority hereby given, for his, her or their good behaviour, during his, her or their continu- ance therein. II. And be it further Enacted hy the Authority aforefaid^ That if any perfon or perfons, not being fuch inhabitant or inhabitants as aforefaid, or not having taken fuch oath of allegiance, who by any order or orders fo delivered to him, her or them, is or are required to depart this Province within a time limited by that order, fhould b}- fickncfs or other impediment, be prevented from pay- ing due obedience to the fame, it fhall and may be lawful for the perfon or perfons who hath or have ifiucd fuch order or orders as aforefaid, or for any other perfbn or perfons as aforefaid, authorized by this Afcl fb to do (the per- fon or perfons atiing under the authority hereby given, being firft: fatisfied that fach impediment by ficknefs or otherwile, ought to be admitted as a reafon for fuch order as aforefaid not having been obeyed) by an indorfement in writing upon the faid order or orders, or otherwile in writing, to enlarge the time fpe- cified in the faid order or orders, from time to time as occafion may require, and if any perfon or perfons fo having been required or ordered to quit this Province as aforefaid, and not having obtained an enlargement of fuch lime, in manner herein before fpecified, ihall be found at large therein, or return thereunto after the time limited by any oreiiher of fuch orders, without licence from the Governor, Lieutenant Governor, or Perfon adminiftering the Go- vernment for the time being, in that behalf, or in cafe any perfbn or perfons who fliall have been fcrved with any or either of fuch order or orders as afore- faid, or who fhall have been permitted to remain in this Province, upon fuch fecurity as aforefaid, fhall by words, attions or otherwife, endeavour or give juft caufe to fufpefct that he, flieor they is or are about toendeavour to alienate the minds of his Majefty's fubjetts of this Province from his Perfon nr Go= veinment* Time for atlt%, ders departing the Province may be cuUtJ ged. If after fecurity (ivcn perfon give caufe tft lulf eft, <(C< ! K\ '• I, ^X.0^''Sr'0 Such pfrfon to- be commiueii. Punirtimfnt if conri£t(d. 208 • C. I. In the forty-fourth year 0/ (George (he Third. A. D. 1804, Faurtl Sejion PETER HUNTER SS^UIRE,. LIEUTENANT 6(»V£RN0R. vernmcnt,or in any wife with a feditinu . intent, lo ciifturb the tranquillitv there- of, it (hall and may be lawful for any one or more of the faid perfon or pci fons fo authorized by this Acl as aforefaid, and he and they is, and are hereby re- quired, by warrant or warrants under his or their hand and feal, or hands and fcals. to commit fuch perfon or perfons fo remaininjf at large, or returning in- to this Province without I'uch licence as aforefaid, or fo endeavouring or giv- ing caufe to i'ufpecl, that he, (he or they is or are about to endeavour fo to ali- enate the minds of his Majeily's fubjeCts of this Province, or in any wife, with a fcditious intent, to diiturb the tranquillity thereof, to the common Gaol, or to thr cullody of the Sheriff of the didrid, in fuch diflrids in which there (hall be no gaol at that time, there to remain without bail or mainprize, unlefs deli- vered therefrom by fpecial order from the Governor, Lieutenant Governor or Perfon adminidering the Government for the time being, until he, (he or they can be profccuted for fuch offence in his Majelty's Court of Ki ng's Bench, or of Oyer and Terminer and General Gaol Delivery in this Province, or under any fpecial commilfion of Oyer and Terminer to be idued by the Governor, Lieutenant Governor, or Perion adminidering the Government of this Pro- vince fur the time being ; and if fuch perfon or perfons, not being fuch inhabi- tant or inhabitants as aforefaid, or not having taken fuch oath of allegiance, ihall be duly convicted of any of the offences herein before defcribed, in either of the faid Courts rclpe6tivcly, he, (he or they ihall be adjudged by fuch Court, forthwith to depart this Province, or to be imprifoned in the common Goal, or be delivered over to the cuftody of the Shcrilf in fuch di(tri£ls in which there (hall be no gaol at that time, for a time to be limited by fuch judge- ment, and at the expiration of that time to depart this Province j and if fuch perion or perfons fo convicted as aforefaid, ihall remain in this Province, or return thereinto after the expiration of the time to be lunited by the (aid judge- ment, without licence from the Governor, Lieutenant Governor, or Perfon adminidering the Government for the time being, in that behalf iirit had and obtained, fuch perfon or perfons on being duly convicted of io remaining or returning, before either of the (aid Courts, ihall be deemed guilty of felonv, and (hall futfer death as a felon, without benefit of Clergy. Provided always, That if in the execution of the powers hereby given, any queftion fliall arife touching or concerning the fpaceof time during which any perfon' or perfons (liall have been an inhabitant or inhabitants of this Province previous to any warrant or warrants having been ilfued againll him, her or them, or touching or concerning the fatlolany perfon or perfons having taken Inch oath ofalle- giance, the proof Ihall, in all fuch cafes, lay on the party or parties againll whom any fuch warrant or warrants (hall, in virtue of the powers hereby given, have been granted or iliucd, IIL And be if further Enacted by the Authority aforefaid. That if any perfon or perfons, at any time, fhall be fued or prol'ecuted for any thing by him or them done, in purfuaiice, or by colour of this Att, or of any matter or thing therein contained, fuch attion or profecution (hall be comixionccd within three calendar months next after the oifcuce (hall have been conwunied, and fuch perfon or perfons may plead the general idue, and give the Ipecial matter in evidence for his, her or their defence, and if, upon trial, a verdicf (hall pafs for the defendant or defendants, or the plaiotiifor plaintiffs Ihaii become n; n- iuiicd. Proof to l»y on tlie (jcrlbn char. •fed. If »ny p*rfon ri'tng unJfr co» 1 lur ol tills Att fcr-comf non- I'uitei, Sic. fh Sejfton litv there- >r pci Tons ere by re- ands and irning in- ig or giv. fo to ali- vife, with Gaol, or here Ihall ileCs deli- /ernor or le or they knch, or or under lovernor, this Pro- ;h inhabi- llegiance, , in cither by fuch common drifts in chjudge- d it fuch /ince, or lid judge. 3r Perfon had and iiiiing or f~ felony, d alwayvS, lall arife r perfons s to any touching th ofallc- lil whom ay given, ly perfon ly him or or thing thin three and luch matter in 11 pafs fcr Treble cod*. Preambie. fourth Parliamtni. C. i-a. in the Foriy.Jourth year o/Georgt the Third. A. D. 1804. 809 fuited, or (hall difcontinue his, her or their fuit or profecution, ov if judgement be given for the defendant or defendants upon demurrer or otherwiiie, fuch de^ fendant or defendants (hall have treble cofts to him or them awarded againft the plaintiff or plaintiffs. CHAP. II. An ACT for the exemplary Puni/Iment 0/ all and every perfon and perfons who Jhall /educe, or attempt to /educe, or aid or ajjijl. or attempt to aid or ajjijl any Soldier to dcjert his Majejifsfervice, or whojliall harbour, conceal, re* ceive or afftfl avy Defertcr from fuch fervice. [Pa{F«l 9th March. 1804.] WHEREAS pernicious praftlcfs have for fome time part prevailed in this Province, by evil dilpofed perfons difaffefted to his Majefly's Government, and particularly to the MilitJiry fervice thereof, in feducing and deluding his SuLjefts who had eng.Tged themfelves as Soldiers in fuch fervice, and prevailing on them to defert, and alio in harbouring, aflifiing and concealing fuch Delerters ; for remedy whereof for the future, and for the exemplary punifliment of fuch per- fons in (uch cafes offending. Be it enacted by the King's moft excellent Majefly, by and with the advice and confent of the Legiflative Council and Affembly of the Province of If per Canada, confiifuted and alferobled by virtue of, and under the authority of an A6i pafled in the Parliament of Great Britain, intituled, "An Aft to repeal certain parts of an Aft pafled in the fourteenth year of his Majef^y's reign, intituled, «' An Aft for making more efie6fual provition for the government of the Province of Cluebec, in North America, and to make further provifion for the govern- ment of thefaid Province," and by the authority of the fame. That horn and after the palling of this Aft, if any perfon or perlons whomloever (other than fuch as are, or (hail be enlifted as Soldiers) iliall, by words or with money, or by any other ways or means whatfocver, direftly or indirectly, prevail upon, procure, perfuadc, or encourage, or endeavrnr orattrmpt to prevail upon, procure, perfuadc or encou- rage any fuch Soldier or Soldiers to delert or leave his Majefly's lervice, and flvall be thereof lawfully convicted, the Court or Judge before w\.cm fuch offender fliall be (o convicted, Ihall immediately on luch conviction, award and adjudge fuch perlon and perfons lo ccmvicted as aforelaid, to be committed to the common Giol of the Diffrict where fuch cflender fliall be fo tried, there to remitin without Bail or Main- prize for the fpacc of fix Calendar months ; and if from the circumftanccs and hei- roufnels ol the crime, it fhall bethought pioper and expedient to increafe the pun- ifliment, futh C'. urt or Judge fliall alio further award and adjudge, that fuch offender fo convicted as aiorefaid, ibail forfeit and pay a fum not exceeding forty pounds, and if fuch offender fhall not on or before the third day previous to the expiration of fuch imprifcnme.it as aforefaid pay fuch fiiit^, then and in fuch cafe the faid of- fender fliall be publicly whipped. II. And be it further EnaBed by the Authority aforefaid. That if any perfon from and after the pafling of this Act, Ihall harbour, conceal, receive or afiift any Deferter from his Majef^y's fervice, knowing him to be fuch, fuch perfon fo offending fhall forfeit the fum of twenty pounds, and if fuch fuin of twenty pou'^ds (hail not im- mediately on inch conviction being pronounced be paid into Court, the Court or Judge before whom fuch conviction fliall be had, ihall forthwith award, order ;n!d adjudge uch offender to be committed to the common Gao' of the Difirict in wh.ich fuch ofl-.ader fhall be fo convicted, there to remain wi' "ut Bail or Mainprize Icr the fpace of three Calendar months, or until (uch time, not exceeding three Calen- dar months, as the faid fum of twenty pounds Ihall be paid. III. Piovided never thelefs. That no conviction fliall be prriounced under the au- thority of this Act, in any Court or Juiifdiction whatloevti in this Piovince, fsve and except by indictment preferred or prefenteo before a Couit, or Judge cr Judget filling in the execution of a Commiffion of Oyer and Terminer and General Gaol Delivery ; nor fliall any profecution be carried on by virtue of this Act, if the iame {hall not be commenced, within fix Calendar months next alter the olfcnce Ih.iU br O d chusg.u A ny perfon pra. curing, perfua. ding, &c. Soldi- ers to delert, to be corumitted to gaol for fix months, and if found expedient Judge may or. der him to pay 40I. and if not psii, to be pub- licly whipped. Perfons har- bouring Delert- ers to iorleit z la and if not paia, tobe committed to g.iol lor three ^i 1 1 !ii^ m Profecut'oD t« se cvm-ieNicd fllO within fix ca< lenJir months, unlefj oifenJer ftiall leave the Province, then within 6 months after his return. IITuing warrant a commencement of profecution 'witiiin this Act, Juftices to iffu Warrants, and to commit or Bail, &-0. Provifion for cafes in which there Ihall be nj common gaol ia the Uiitri£l. C. a. In tU fi,lyf,mh year ,f George M# Thirl A. D. ,804. Mrth SeMoH PSTER «UNT£a ESQUIR«, USUXENANT GOVERNOR. charged to have been committed, unlefs the offender (hall t»!tK;n »»,. f,-j r have departed and left the Province, in which «?« it nf,! i u ^^"'r''!^ '"°"**>» the Peace for this Province,^hal be held and d«med to h.'! ^ J'"^' J"'^'"' °^ pro^cution, within the true meaning^,? ^P^:S:^:i::^i:.TS':S^^ c^! to^;v?;^tt^;s;:^rt;f^t;^rs T^^rry be lawful at any time from' and after the paffinrof this AcrJanJ fir '°'* "''J' more of his Mdjefty's Juftit.es of the Peace on d.,Vr?r T [ '.^'^y °"« «' before him or tic J. tliat any perlon^'a^s^crm". e7a y"oU"Tth:oVn«",\"^ : before defcribed, to iffue his or their warrant or warrant, for \kL u'r'^*''" fud, offender or oflTenders, or perfrni oTpe fons ^3^,1 «,.>h ft ^T'^'''^'''" ^^ caufc lucn offender or offendets or luch Derfan nr V^ r - T^ *'^^""' ^"'^ »« to he b.ou,ht before him "o^T ;m7.1;;fu ^^'^he^e^r.Sl „° TfZt ^f^^J/t of udcrs. and hearing the evidence, fuch Juftice or Juflices of the Pea« fh.Il H.r ch rg. or commit to Prilon, or Ihall Bail fuch offender or offenders n like rJ nn as by law any other perfon or perfons charged criminally is or arcSt Lll r ^5 except, that if f"ch JuRice or JuHices Hiatl be fatisfiedS he ev de^^^^^ offender or offenders, fuch luflice 0/ \un\ren (h^W r^^,J, r I. c^ , ^^"'^ '"^'^ to the common Gaol of .l/e D RHa/or in cali her?2,i"h^ ""^'^"^'l °' ^5«^"^^'» tria. to the common Gaol of a./y alb inrDiftri^ and^ i^^ 5'"^ '!! 't' ?''" fl.ail remain fo committed until his, ir her oVthei/tri^^h.^f J ^^"u"'* °»«-'^'^^'S fuch offender or offenders Ihall w h wo „ood and fnlt f' ^'°"^''' °"' ""''^'» faaiot, of the laid Julhce or Juflices' l^X^Vo;;^^ ?;'r\"cog:;Lt?^ to our^'rjr reiKn Lord the King, in manner hereinafter (pecified, (ihat is to fav?if tK. f -rr" fender ti.all be charged with having committed any offerceaaalnftthll r '^ °^" the fuft Section of this A6t conrain%d. then Tuch JffSVPo„ fo eCed^'lJJl'I become bound in the Inm of two hundred oound* :,nA >^:.rU^(r '° ^"^'S^'^* '"ali fum of one hundred pounds, and if fuch ofFeEball bA?.^ '"""" '" '^^ ted any offence agairrft the ^rovifions in thetcond Seftt^^^^^^^ then fuch offender or pe.lon fo charged, (hail become boLd in Lr r'l""''' pounds, and each of fuch lureties ia the il ofnven v nound ro'Tv°^ ^T^ each of fuch recognizances, for the appearance of iurpe^frfohar/edwrlr;; offeree agamft this Act, at the then next Aflizes, or SeLn of Ov^StI '' ll\^'^^f^^^^'^^^-^^^^y.^ohchold.n for th; SiS ^vhere Lh offJnH^^^^^^ be charged to be committed, or at fuch other or future Aflizes or sTm^Tof A mon Gaol at the time of fuch conviftion it iLulnTZll if . °*."° ""** Court or ludge before whom fuch cSi, n fh i be S I' ^'"^""a *°.'"'^ ^"' "^« commitment by any Juflice or Tuflices of the PeiVhlL- » • \ c "'* °^ '"^ Aft fourth ParlUment. C a-3. Jn thforiy-Jpurth year oj George the Third." A, D. xZpi* a,u AA (liall be committed, are, and each of them i» hereby refprflively Teqn?red, to allow to each perfon during his or her commitoient or cnntinement there, luch and the like maintenance and fubfiftence as it by law allowed to perfoni in cuftody un- ^er any criminal charge ; and the Trtafurer of the Difirift from which fuch off^ender or perfon lo charged or convifted fijall be fo fent, (hall, and he it hereby required, to leimburfe and pay to the Treafurer of the Diftrifl in which fuch perlon liiaJl have been confined, out of the firft monies which ftiall coipe to hit hands, fuch lum and iumt of money as (liall have been fo lawfully expended, according to the provifions in that rcfpeft herein before contained, for the maintenance ajid fubfiftence of any fuch perfon or perfons at aforefaid, VI. And be it further EnaSed, That in cafe any fuch perfon or perfon* as aforefaid {hall, by virtue of this Aft, be committed before trial fo any Gaol other than the Gaol of the Dif^riA in which the offence (hall be charged to have been committed, the Sheriff of the Diflritt in which fuch offence fliall be charged to have been com- mitted, {hail, and he i« hereby required and commanded, immediately before the Afii«e, or Seflion at which any trial tor any offence againft this A^t (liall be had, to convey fuch perfon fo charged from the Gaol in which he or (he (hall be fo confined, to the Dif^rift where fuch offence was charged to be committed, and there to keep him or her in clofe cuftody and confinement, and have fuch perfon ready to lake hit or her trial at the Aflizes or Seflion of Oyer and Terminer then next enfuing : And all and every Sheriff and Sheriffs, Conftable and Peace Officers of this Province, is and are hereby required and commanded to execute and obey all and every warrant and warrants, order and orders, ientcnce and lentences, which (iball be pronounced or iffucd by any (uch Court or Judge, Juftice or Jufticc», at are herein belore men- tioned, for the purpofc of carrying the provifions of this A6t into execuLion. VII, And be it furt,.er Enaded by the Authority aforefaid, That all the fines, for- feitures and peaallies that (hill be iucurred under and by virtue of this Ait, (ball be accounted for to his Majcfty, his Heirs and Succefiort, to and for the public ules of this Province, throagh the jLords CommidRoncrs of his Mnjefty's Treafury fur the time being, in fuch aunner and form as it Qiall pleafe hit Majefty to dire^tt CHAP, III. An ACT to repeal certain parti of an AB puffed in the thirty-fourth )'ear of his Mujejlfi reign^ intituledi " An AU to ejlabltjh a Superior Court of Civil «' and Criminal Jurifdiilion, and to regulate the Court, of Appeal^" and to authorize his Majejlys Court of King's Bench in this Provincef to regulate certain FeeSf Cojts and Charges therein mentioned. [Paired 9th March, 1804.] WHEREAS the law now in force regulating t^e fees to be allowed to, and taken by the Cleik "f the Crown, Council, Attornies, Shejifft, and other Officers of bil Maie(\y'g (aid Court of King's Beijch In this Province, has been found not well adapted to the prelent circumf^ances and fituation of this Province, and it bas been found expedient that fuch feeifhould be regulated by the Court ot King's Bench, Be it therefore enaftcd by the King's moft excellent Majefly, by and with the advice and confent of the Legiflatjve Council and Affcmbiy ot the Province of Vffer Ciwadat coniiiiutcd and atlemblcd by virtue of, and under the authority of an Ail patieu in the parliament of Gr^ot Britain, intituled, *• An Aft to repeal certain partt ot an Mi paifed in (he tourteentb year of his Majerty's reign, intituled, ** An AH for making more effe6tual pruviiion for the Govcrnmciit of the Province of Qflebec in North Amt' rica, and to make further provifiun tor the Government ot the faid Province," and by the authority of the fame, ITiat froQi ant. after the firA day of the Term of Eaftec now next enfuing, fo much of an Aft naik-ii in the thirty-fourth yearol hh Majef- ty's reign, intituled, ♦« An A6i to eftabiilh a Superior Court of Civil and Criminal Jurifdiftiion, and 10 reguUie the Court of ADpeal," as re(pe«s the allowance of ;ec:, or wherein or whereby lees are authoriwi to be taken bv. md allowed to ceri. in per- tuiiB iv/i wctwoiH iC: •'ivcs :pcujucu aiiu »2i i ;in lu tiic laid Ui* l€CU€i! /ifit, and J.t IPS table of fees tbereuuto fubjoincd, fliall ceaie aod detLHiiine. and ih&U be. and Uc (%me it hereby dccLtcd to be lepeaied. Allowanci M rrif»n«rt. Sheriff* & Peace Oliiceri f(j CI. finss to be tc« couoceil m> FreambH. I m Frriflfr Aft rtfpifftinj i-u Dd ii. And /'r i\Z Court of Kini't Bench to «f«er« tun feci. IP(«ambIe. Former Aft au. th )riiing TowB . Mreiitii,! to af. «eruin Sheep running at large tcfcaled. Rams not to run at large be- tween ift of Septtmber and aoth December. Penalty for of- fences againft this Kdi. Hair the Penat. ty to be paid to the Receiver Geaeral. C. 3.4. In th6foYlif.purth year 0/ Oftorg^ the Third. A. D. 1804. Fourth Sefioi^ PETBR HUNTER ESQUmfi, tIEUTENANT GOVERNOR. ■ Urn A ^"''J"J'/'"''i"' ^"''^"^ ^^ 'il n"'*T''^ 'Jforefaid, That from and after the faid fi ft d.y of Eaftcr Term next. U (hM and may be lawful to and for the faid Court of King, Bench, by order or rule, or orders or rules, to be pronounced by the iW Court during the faid Term ot Eifter. or during any fubfequent Term or Terms from time to time to afce. tain, determine, declare and adjudge all and finguhr the fees .h,ch nul orm.y be taken, or be allowed to be take,, by any C i"k of he Crown Counnl. Atoraey. Sheriff. Officer, or other pcrlon, for or in .'10"^ of a lybufinefs hereto ore done or tranlaaed, or he.eafter to be done or transited in the Court of Migs Bench, as well in civil caufes and criminal profecutions as n all matters ana tbinKS.caufcs and proceeding which now are, or (hall or mav be depending in the laid Court whidi regard the Kail's revenue, or under any Commif! fion ot Oyer and f er n,„er and General Gaol Delivery, or under any Special Com- miUion of Oyer and ienniner, any former law to the contrary notwithltanding CHAP. IV. An ACT to repeal fo much of an Act pa [Jed in the thirty-fourtk year of his Ma jrjiys retgn, intituled, '•'■ An ASi to rejlram the cupm of permitting Ilune'd Caiilt, Horfes, dheep and Hwine to run at large;- as relates to Sheep and to rejirain the Owners of Rams from permitting them to run at large during a certain time of the year. * ° [PafTed 9th March, 1804 ] 'IIT'HEREAS it would tend to improve the breed and increafe the number of flieeo if the owners of rams were retrained by Law from permitting them to run at large durmg a certain time ot the year ; Be it therefore Ena<^^ed by the King's moft excellent Majefty by and with the advice and content of the Legiilative Council and Aifembly of the Province of L';/>frCn or perloiis Ihiil immediately proceed to bring to conviftion fuch owner or owners; and if ibe owner or owirts of fuch ram or rams, Ihall not within leven days after Iuch notice Ihdll be fu given, pay the faid fum of twenty Ihillings, together with the pound keeper's lees, and the colU and charges attending the !upp rt and feeding Inch lairi or rdiuicUiiing his or their confinement, (Inch cofis ;!nd charges to be afcertained and adjudged by the M igidrate betore whom any conviaion (hill take place by vnue ut this AH) it Hull and may be lawful to and lor the perlon or perfons who ihall fo hive impounded or confined Iuch ram or r:ims, and who fliall have convicted the owuei or owners ot Iuch raui or rams, of hav- ing offended ag.iind this Ait, to expole Inch ram or rams to laie, and out of the mo- ney ariling from lucli laic, to pay Iuch lum ot twenty Ihillings, together with fuch cofts and charges as alorelaid, in cale the proceeds of Inch laies ihall be found lutti- cient tn pav the lime, and if more than lutlicient, to return the overplus lo the owner Rams uaierthii or ovvneib pf fuch vam ox tauis, and if Inch proceeds ihall be found inlullicient lor the Ait. purpofesat'orei'riid, then, and ill Inch rale, Iuch proceeds Ihall, in the Hrft place, be applied in paynienl of the pound-keepei's fees and the colisand charges attending the fupporti;)-' and feeding fuch ram or rams, and the remainder lo be applied in manner foliuwing,°v;z. one hall of Iuch vemainfier to the intoinier, and the other half to his Maiefty's Receiver General, for the public ules of this Province. V. And be it further EnacUci, 1 hat no prolccuiion Ihall be carried on under the au- n^ profecution thoiity ol this AM, unleis the fame Ihall be commenced within eight days after any uni-is within ram orranislhah t)e found -.unning ailarge, contrary to the provifioiis herein contain- "^3"' ed, nor ihall any diRrels be leviedunder the au;hority of this A6t, in any cale where any ram or rams lo unpouniJed ot coufined as afotefaid, Ihall have been lold under the DTovifions herein cntained, but the proceeds of Iuch fale or lales only, Ihall at all times be deemed and conlidered as liaoe to latisly the penalty and all cofts by this A6i intended to be impol'ed. _ . ^ • . rw., .. r u . i.x. t VI. And te it furllier Emiiled by the Authority aforejaid, That all Iuch parts otthe tor- Forfeiturei and feitures and penalties as are by this Att diiedted to be paid to his Majelty's Receiver J^^-i-^^'^'^^^; General, to and for the public ules of this Province, Ihall be accounted for to his Ma- jelly his heirs and fucceliois, through the Loids Uommillioners ot his Majelty's Treafury, in Iuch manner and torin as his Majelty, his heirs or luccellots ihall be gra- cioiiflv plcafed to dirctt. ^ CHAP. V. An ACT to proviulgale the Provincial Statutes, and alfo to repeal fo mu riiiij the pri'Cftit ynv (orpnntiin all ihe AQ» of the 1'rovim.e. Difpontion of llie Adh to be I>rinteil. 2i4 C. 5 6. /n <;,. F^riy.fourik fur of O^crgt Ihe Third. A. D. .8.4. fouriK St/T^ FKTtR HUNJKR iCSQUIRK, HtUTINANT COVICRNOR. peal certain part-sof an Art, pafTcd iailicfourtcctuh ycnrof M ^laieftv•srr^m mu.ulccl. - An Au f.. ..kin^ more eifoctual p.ovU ..„ fo '- • Gomm^^^^^ n>. i,«„crs to /.o.r,- Canada) and to defray u.c con.inV'. r ex Ss i hcic.^' and further to appropnate :hc luppl.c and provide for tho n.vment o f k. lame h-rcalfrr," as relate, to printing and publi/h.ng the Jou La .X be and the fame IS hert-by repealed. b ' ^ J"iJ"mi.>,, luaa De, II. Ana be itjurihcr Evadtd h tie Authority aforefatd Tb^i tlH-fum of three hundred pounds, appropnatad in the arorolaid AH 4 primin-^ the i aws L ingall the AH.sof the (evcral Parliaments ol this Province, itjcmdlnir .hnC f theprelent S,(lio„,and the (aid Adsfo compded and pnt'^d,^^^^^^^^^^^^ ed Irom the Printer by the Clerk of.hc Iloule of Aliembly II. //«rf ^^ zfy»;M^r Enacted hy the Aitthoritv aforefatd'VhAi the (aid CirrL- fijall as loon as pofhblc alter receiving the faid-Ati, ll^nriVorcopie of t em toeach Member of the I.es.lla,ive and Executive Councils ; fen r copies to each o( the Judges of the Court of Ki,,.'. Bench, and the Ilk; nu ibef o I h Majclly.sAiioiney General, and al/o twenty topics to each Nlen Kr.f Z preuu Houle of Adembly, to be by them dlflr.b^ucd in f ch m r . vvU bell tend to promulgate a general knowledge of the laws ' IV. And be It further Enachd by ihe Authority alorcfaid. That out of thr fan lum ol three h.Midrcd pounds, Ihall be appropriated alter' tl e p eS year CHAP. VI. "*" t?^}!r.^T^'7^ '? H' ^.'J'J^y '^ '^'■'^'" >^" "f ^o^^y o^i r>/ the Fund, apphcakc to the vfes othts Province, to defray theexpences oj amcndtnta'd rep.u.ngthe uthc ILglnuoy^ and Roads, laung ox/andopLngnet. ladt and budding Bnd^ei in the Jeveral DiJhiUi thereof. ^ 6 "^ ^»,.v M..;„ft.. fu.. ^r.. .."r "°'".'"*' teJ for Ihe jn- Dual priming of (he Liwt. Pre«mblej y it picalc \ youi Ma}cfty that it may ht cuadtca, and lOOOl. ippr*. [ the Lcyifl Hive Council jud Alleiubly of the Province of Vpfur Canada, conftituted and allomi.k'd by virtue o\, and under the mlhority uf an Ah p.dled in the Pirliamrnt of Gtyat Uiitain, inHiulcd, •• An Aa to trpeal cctuin pan » of ati Aft paHed in the tuuilcenih ye;ir of hia MajeHy'i reign, intituled, *' An AM for making more cficdtiul provifi )n for lf)e government of the I'lovince of (Xuthtc, in hiorth America, and to imkc further provilion for the j;ovcrnrnent of the laid Pro- vince," and by the authority of the lame, That from and out of the raics and du- ties already railed, levied and rollr/'trd, or hereat'ler to be raifed, levied ;ind collect- ed to and for the ults o( (Ins rioviiuT, ihrre he jjnntcd to fiisMijelly, his Heirs and SucccHurs, the Imu of on^* tlioul.uiu pounds, to he ilFucd out of the iund now remaining, or heic.ifter to t; ine into l!ie Receiver (.i(MU'i.il'» hands, unippropriated and ariling from inch rates and duties as lj(l .iforei.nd, which (aid (nni of one thou- fand p.)Unds lluil be difpolcd of, appiopriated and applied ni the repairing ol the toads alieady laid out, aiul m the laying out and opening new roads, and niaking bridges in llic feveral dilinCts alojclaid, in lu( h manner and unrlcr Inch legulationa as to the G'lVfrnor, Lieutenant Governor, or f'erloii Admiinlfcnng the Govetiunent of this Province, with the advice and conlcm ol the Executive Council thereof, fliull fion) time to time (eem meet. II. Auci la it alfo EnuiUJ by the Authority afurefaij, That at any lime from and after the padiiig of this Act, it Ihall and may be lawlul to and for the Governor, Lieuten- ant Guveiuor, or I'crlon Adiiiinidering the G verointnt, by and with the advice and ionleiit ol tlie Executive Conricil of tins fiovunc, to illne one or nioic I'locl.ima- tion 01 Pi'jdamaiiotis, and tlieiein to poiiii out and diicCt tlie partituiar roads, as well with lelpcCl to ttolc alrcidy laid out as thole lurealtcr to be laid out and opened jn all and every the leveral diHriCts of this Provinre, and the inetrs and boundaries thereof relptClivcly, uijon which the (aid hun of one thouland pcunds (hall be ex- pended, and the (ainc Pioclamation to name Inch and lo many peiions as to hiin iliall leem inert, i'vt eich and cvsry of the atoreiaid dilhiCls, ab Uommilfinieis for carrying llie ()rovilioijb of this Act into execution, whic h laid Commidioneis, from and utter tlie illuiiig (ui.h Proclam.itioii, Ihall have lull power and authoiity forth- with to pKHced to repair and aiiie>:d, l.iy out and open lucfi roads, and repair and build fuo!) 1-ndges, a.i in the Proclamation or Proclanuiions to be lifucd in vinue of this Act ihal' be named :ind (pecified, as fully to all intents and puipofes as if luch CornmilFioiierR had been in this Act paiticularly named. III. Vravtdtii always, and be it further tuaited by the Authority afurcfaid, Yhat before any Com'.tiidioturi Ihall proceed lo kdiiy into execution the leveral powers and au- thurilieti by this Aci cuuleiud, he ib.dl titke the lidlowing Uatb : lORM Oi-' OATH. " / A. B. do fuiear that I wiU JdithfuHy and impartial^, to the bejl of my •' fkill and judgeminl, perjorm end carry imo e^du^-rn the feveral powen and authurit'ei >n me vijied, tn and by a certain Alt 0/ the Legijlafure 0/ this Pro- vince, iniUuUd^ ^^ An Act Jor granting to hii Majejty a certain fuin of money^ out oj the funds applicable to the ufes of this Province^ to defray the expences of amending and lepairing the pu/dic highways and roads, laying out and opening new roadi, and building brid/^es m the feveral diJlriHs thereof," and the Prodamation ijfucd in viriiie thereof, without favor or a/fcclion to any per- ' fo7i or pe> fons xuhomjoever, and will duly and faithfully account for all monies *' which jliall from time to time come into my hands, for the purpofe of carrying *' the provfions (f this Act into execution — So help ine God." Whici) l.'id Oiti) (hall re t.iken before any one of his Majefl^'sjuflices of the Peace ii and >• r the diflrict for whirh iuch Commiflioner ihad be appointed, and a cerfific.le ol whitii Oiih ihe Juftice adminiliering the fame is hereby required to Iraiifiriit^ in rhr Cirik of i'lc Executive Coui:ci! of this Ftoviucc, with ail convenient fuecdi ahti luch Oaiii UidU have been by fiiui adminifteitd* IV. And Proclatni'iont to illue, Koadi tiT br f nintr I "ij( iinil C'limmiHioneri lo be immeJ bjr tlie Goveriioi, let. Oath of Cam* miinoawi. Certificate «4 Oath to be tranfmllted !• Ihe Executive Ceuatki. '"■ ' 'I lit 6 C. 6. In the rorfy./ourlh year of Geor/rt the Third. A. D. i8oi. Fourth Sejion (.onlinuf, t(i di. iuy privili'(;f tt. d'.uihety, &<. !in 'iiior, Re. my ilVur iirw I'rocl.im.iliniK ji.J ii.inir 111 w Cuiomillioncri. tn fiirh aft powiTS rt( !oi- •ncis toceit't. ♦dii Art nK» f8 tepnt formr Artf for cnm. Frllin; Libor, M.irill rates, *(■; not fo inrrt fi'' r wiili Comiiuli;- anerj. Folds fo he na- m-'J ill l'roi.1.1- tBAtiVn, iH't to bf dfemtj fuH. lie ilpoletl, or comnelline llie labour by uch Acts, or ai y of ihe.n. required to be- done a:.,! pert;)imrd on an5 el the public highways and roads compriled in Inch Acts, or any ol ijiem, or to re. peal any of the provifions in fucli ri-fpectivc A. ts oontaiucd, but a'l and ev-ry Inrh Art and Acts IS and are hereby declared to he and continue in full force. I'ro- vidcd a Ho, That noihing in any former law or flatuteof this P.ovmce contain- ed, n.all, from ard after the pafT.ng of this Act, br ht Id or conft.u?d to empower or authorize any MagiHrate or ..verleer in any Inch law or liatute m utirned in any manner to interfere or give any directions touching or concerning ,ny u^ad or hi'uli- way to be laid out, opened or icpaircd uudrr or by virtue of this Art ; Neveithelefi the faid Maginrates and ovei leers, and every of them, is and arc hereby authoiz-d to carry into execution all and every furh power and juih>:uties as by fuch law* or natntvs they are inveRed wUh, in all cafes in which the executing (uch powers will not impede or inteil, re with the powers r^ authorities given in and by Ibis Act and every Pioclamati n to be illued b^ viitnt' thereof. o / « V. And be tt further Lnadtd h the Authority aforefaid. That from and afti-r the execution ol ihi- puwei> hereby (riven, all and every the roads in all and every Proclamation and fVuclamdt;..ns to be illued under and by virtue of this Ad, fhall be held and deemed to be public hi,^hwavs and roads, and fhall be lubjett and liable loail the laws and Uatutes now 'iij force, or hereafter to be palled and enaded iclative to public hij^bwaysand roads, as fully to all intents and purpoies, as any ol the prelcnt highways and roads arc now or fliall be made liable d hibjeci thereto, VI. Provided always, and be it further Enatted, That if any action or fuit (hall be commeiKed ai',uij)!l an, pc. .'on or pcrCons, for any tbin^ done or acted in puiluanceofti.is Act, then ^nd in every fuch cafe, fuch action or luit (ball be commeuCLd orprofccated Wiiiiiu liutc calendar momhs after the fact com- niitted Sejion ^ f.'ovfrnor, 4ie< (ii ill'ue w*r- riiui. Rfceivfr Cent* rjl (0 KCUUIlta fdiifth Parliament C. 6-7. In th Jorti-fourth ytar of Ctorge the Third. A. I). 1804. ttf milted, and not afurwards, and the defendant or (Kfendanis in any (luh action or luit, fhall and may plead the ^cneial iHi»e,aml ^ivc tiiu Act and ihe Ipecial matter in evidence, at any trial to be had tlicreiipon, and thai ilie lan>e wai i, V„ i.,„t „. u,?y cafes aforelaid, Ihall and may recover trebk colls, and have the like remedy t>»«.ircbieco.u. lor the recovery thereof as defendants are in any other tales by law entitled lo. VII. And be iijurllur Enatltd by the AulliorUy ajorejaid^ That ihe monies heieby >;ranled to his Majelly, lliall be paid by the Receiver General, in dif- charge of luch warrant or warrants as ihall for the pinpoles herein before let forth, be from time lu nine ilKud by the (JDVcrnor, Lieutenant Governor, or perloiiadminiltenng ilu- (iovcimnent ol this i'luvmceand nut otlierwile ; and the laid Receiver General Ihi'U account to bis Majelly, his heirs and lucceHors for the fame throuj;h the Louis Gumtnillioners ol his Majdly's Irealury, for the time being, in luch manner and form as hu Majelly, his beir» and lucceliors iiiiiU be aracioully nlealed lo direct. tllAP. VII. An ACT to explain ami aviend an Act pajjrd in the forty -third year of his Majef- i/i ;f ^/J, iiuiiuUd, *^ An Act Jur iht hcitn Jrwuig lo hi^ Majrjix, hu htirt and fucce/Jors, ihe due culUction'and receipt «J certain dutiei therein mentiomd." ■' -^ [Palled yihof Maieli, 1804.) WIIKRKAS It is expedient 10 remove ceitaui douiiis winch have been en- tenaiiied relp. e.mg the properly ofexecuior>, a imiiiillr;l a ( iTt'nrj ^ i'.o It.id ukcii rii .1 111 ■. : tv 10 W' ik u Hill, or « |< I iliCtk'i lioin luvl h>(t.utiir, Ac 10 givf iii« lur, iikI lliDkl I ril Jtc illl or And to produce receipts tor che purchate mo- ney. When any per- son fees caufe to remove or transfer a ftill, rot necelTary it ftiould be ajjam licenced { But notice isrea quirrd to be given. After notice, Set. lul^fCtor to Jndorl'e iicence. «»8 C.7. fn a. For^^-Mnhj^ear^/Ge^gahe Third. A. D.tnoi. r^h SeMm PfiTSa HUNTER BSftUIRE, lUUTfiNANT GOVERNOR. or ftills for the remainder of the term for which tf,^ !;,.-«- • • . granted to the teftator or intcUate. under whom he r. iH '^ """ <>"g'nally toror dev.fee claims title to fucl^^ftUlo ftai'^^^^^^^ ffcafe 0?^''"''^ ^" being made by any purchaler or purchafe fmm (Uch execu or i^Jn'^"! "'°" or dev.lee, fuch purchaler orpurchafersis and^^re her/hv I ' «J^'n'"'ftrator made in manner hereinafter directed "cence to be Uccnce under which ror,he;i?ewroul r/Slch '"' "Pr""" "*' ""= Stt t a;;fhrerhritr = — ■- '- «■" \u u.' '^ Z'"''^^''' ^"""'^"^ h the Authority aforcfaid That ;.ft.r r u may be lawfu to and for the laid InfneHor T!au ^'"'^^'»''^' " Iball and i\T A J I •. r , " C. D. InfpeUor for the Dillrict of day nme, whc„ .he laid ft.ll or «ilh Ihall no. be ch'Lr . dT^'r a he ha™, 'l"" [mtt'ft-lYll^ief ot ;;r^^^^^^^^^^ ^^'relaid to ente? aforelaid, and ine'afure the ^1^0^ luI^aTaw/irand mairbe^^.-.tle^d Pea":'inTe diftrif 1^^ j^'P^^*-" - -herwile, before any JuftrcT^H e ftU or ftil s Ih 1 od It ti'.'? P^^r""--' «:: P^^<"" -r p.riou. forking fuch Ki J or iliJls, mall torieit the fum of twenty-five pounds, to be paia u> i is Ma jelty, nis heirs or fuccelTors, to and for the public ufe.s 'of thi.s^P ov n c and ,,11-^2 I J A y for the time being, in fuch manner and form as it lliall Ktl. n'f ^.'•'' a'^ '.° direa which laid forfeiture Ihall be levied by ,1 d and fa le of the oftender's goods and chattels, and in cafe the party or pa es fo convided as afnrpfairt ft,aii r,^, u. Jj . -"^^"^ F^riy or parties 10 c, r' "7 ' " "^■'""''-•^''y 6"""s or cnattes, upon which the laid fum of twemy.five pounds can be levied, and any part of the fa'd lum of twenty five pounds Ihall remain unpaid for the fpace^f ten day after fuch convitUon as aforelaid then it Ihall be lawful for^the Mag.ftrate befc^e w ic^^ th. U- .ooviUion ihali be fo bad, to order the party or parties fo conmtcd to Form oi' In. dorfeinent. Infpeftor at all times in the day time, when, *«:. to enter ftill-houl'e. Penalty for re. fufiiig to admit Inlfcctor, Colli u ftwarde'd. h» Fourth Parliament, G. 7-8. h the forty- fourth yeat 0/ George the Thir^. A, D. 1804. 919' to be committed to the common Gaolof the diftrift,or to the cuftody of the flie riff thereof, there to remain without bail or mainprize for the Ipace of three Ca Icndar months, by a warrant under the hand and feal of the Magiftrate befora vhom fuch conviction (hall be had. Provided neverthelefs, and if any per- fon or perfons who (hall be fo convided before any fuch Magiltrate as aforefaicji, (hall confider him, her or themfelves aggrieved by fuch convidion, then and in inch cafe it (hall and may be lawful to and for the party or parties (b con- lidering him, her or themfelves aggrieved, and he, (he and they is and are hereby authorized, upon giving g^od and (ufhcient fecurity to the fatistadion of the Magidrate (bconviding, for the payment of the convidion money and the cods of appeal, to bring his, her or their appeal from the laid convidion, AppwJwth* in a fummary mode, belbre the then next cnfuing General Quarter Setiions of Q"""' Sef- the Peace for the dirtrid in which fuch convidion (hall take place, during "^'* which interval all further proceedings upon the faid convidion (hall ceafe, and the Magillrates in fuch Quarter Se((ions adcmbled, are hereby authorized an4 required to hear, adjudge and determine (uch appeal upon the merits thereof, and the deierminaiiun of (uch Quarter Sc(fions (hall be held and confidered final and concluhve, not (ubjed or liable to be removed by certiorari or other- wife before any other jurifdidion, and if fuch convidion fhall be affirmed by the faid Quarter Sedions, the defendant or defendants (hall in addition to the convidion money, pay (uch cods for and on account of fuch appeal as to the (aid Quarter Seflions (hall (cem meet, and if fuch appeal (hall not be profe- cuted and brought to a decKion at the Quarter Sedions next following the convidion, the Quarter Sedions (hall m fuch ca(e allb award (uch cods to the informer, or party who had obtained the convidion before the faid Magidrate, as to the faid Court ftall feem meet. V. And be itjurther Enacted by the Authority aforefaid^ That in all cafes in which any perlbn or perfons (hall be profecuted to convidion for any olFence againd this Ad, or any former Ad or Ads of this Province relative to the collecting duties on dills, and a conviction (hall actually be pronounced, and no proviUon (ball have been by any former Act made for compenlating the faid Inlpecior on account of (uch profecution, it (hall and may be lawful to and for the (aid Infpector to date and make out in writing, a true and exact account of all cods and cxpences by him incurred, and he (hall alfo be admit- ted to make a realbnable charge for the time by (uch Inlpector employed or bedowed in prolecuting fuch offenders to conviction, which (aid co(ts, expen- ses and charges (hall be audited by his Majedy's Executive Council of this Province, and fuch fum as the faiu Executive Council (hall allow on account thereof, (hall be paid by warrant to be irtut'd by the Governor, Lieutenant Go- vernor, or Perfon Aciminidciing the Guvernment of this Province, on the Receiver General thereof for the time being, out of any funds in the Heceiver Ccueral's hands ariiing from duties on dills. CHAP. VIU. An ACT for granting to His Majejiy a certain fum of Money for the furpofes therein mentioned. Most Gracious Sovrrkign, f Paffed 9th March, 1804.] WilEKEAS it is expedient that the Statute (Laws of fcngiiind floulu be procured for the ule of this Province; May itihcrciorc picali youi Ma- jcdy that It may be ewafcted, and be it enacled by the King'* moil Kxccmnt Ma- jcdy, by and with the advice and cunleni of the L^giilativi. ( < unciUnd Af- itmbly of the Province o( Upptr Caiiair- iuc ul, and uudt^r Uie auihoiuy ol an M\ ^^ivaixm Uic i lUiiwn.iia < > ('itat Jb; e « Jbm«i% Provifion for colh or profti- cution, 4fc. PrtamUs* 17>1. granted for the purchafe of the Statute laws of Eng. bnd. Receiver Gene- ral to account, ftc. JPreatnbij. tf20 C. 8-9. In tie Torty.huHh ytar «/ Gc.rgt the Third. A. D. 1804. FouHh Sejton »ETER HUNTEn ESQUIRE, tIEUTENANT GOVERNOR. Britain, intituled, « An Afcl to repeal certain parts of an Aft pa/Ted in th^ fourteenth year of his Majefty's re.gn, uuauled, " An Ad tor n.ak n, .^ cHedual prov.f.on for the governn.ent of the Province of Qaebec, u? N .ah Amenca, and to make farther prov.lion for the government of the laid Pro^ vince, and by the authoniy of the fame, That from and out of the ra-cs a ^d duties already railed and collected, or hereafter to be railed and collected' oad for theuiesof thisProvmce there be granted to h>s Majeltv, bus heirs and iLccef- iors, the lum of one hundred and Icventy-five ooundsout of the Pruvu'aal tntt.7' l'"°'"^"<^h monies now remaining or which hereafter may come iu. to the Receiver General's hands unappropriated, which faid fum of one hurl dred and Icventy.f.ve pounds Ihall be appropriated and applied in purchal L he Statute Laws of England, for the ufe of' this Province^^in fuch manne ! the Governor, Lieutenant Governor or Perfon adminillenng the government of this Province fhall think proper to direct. S^vtinmcnt IL And be It further Enacted by the Authority afore faid, That the Receiver General fhall account to his Majefty for the fa.d fun, of one hundred and fe vcnty-hve pounds, through the CommiHioners of bis Majelty's Treaiury for the lime being, in fuch manner as his Majelty fhall direct. .. ^ ^ CHAP. IX. An ACT appropriating a ceHam fum of Money annually to defray the exben ces 0/ erecting certain Public Buildings to and for the ufcs of this Province WHKfl ,?;;;''''«^V^Ti'""""'. c t^'^'^'-''^ 9'h March, i«04.] fiLRLAS u IS highly expedient for the accommodation of the 1 Ax lative Council and Ancmbly of this Province and of the Courts'"of JuUice therein, and for the better conduciing of the public budncfs thereof that certain public Buildin;^s (hould be erected tor thepuipofe of the aHemblnur aiid htting of the (aid Legifjative Council and Aliembly, and of the laid Courts of Juftice, and for the obtaining of fuitable and' convenient oHices and apartments for tranlacting the public bulinels, and for the fecurinj; and preferving wfihe public records, documents and inifruineMts of this Province We your Majefly's molt dutiful and loyal fubjects the Commons of this Pro" vince, in Parliament alleinbled, do molt humbly beleech your Maieftv that It may be enacted, and be u enacted by the King's molt Excellent MaicftV bv and with the advice and confeut of the Legillative Council and Aflcmb'lv of the Province of Upper Canada, conltituted and aflnnbled bv virtue of and under the authority of an Act palled in the Parliameiu of Great Biitain inti tuled, « An Act to repeal certain parts of an Act palled in the fourteenth year of his Majefty's reign, intituled, "An Act for making more effectual pro'vifi- on for the government of the Province of Quebec, in North America, and to make further provifion for the government of the laid Province," and by the authority of the fame, That there be granted to his Majelty, his heirs and luc- ceflors, as well in this prefent year one thoufand eight bundled and tour, as in each and every year afterwards, until fuch Buildings fhall be erected aiu. com- pleted, the fum of four hundred pounds, to be iflued out of the unappropria- ted funds which now are, or during the aforefaid period may be paid into the hands of the Receiver General of this Province for or on account of any du- ties or rates already impofed by any exilting law, or hereafter to be impoild by any itatute to be pafTed by the Legiflature of this Province, towards the erecting a building or buildings, to contain neceflary apartments and otiices for the aflembling and fitting of the Legiflative Council and Affembly of this Province, and of the Courts of Juftice therein, and alfo apartments for the airembling of the £xecuiive Council, and offices for the conducting of the bulinefs) Annual fum of 400I. granted for the erection of public build- Tor the affem- kling and lilting of the Legifla- ture, &c. Fourth PorKament. C. g-io. In the Tcrty.fcMYth ytarrj CtcrgtthtThiri. A. D. 1804. 2fii And forfecuring llie I ublic Si- Curtis, ie.~.. Receiver Gene* I'al to account* &c. bufincfs, under the management and dircctiun thereof, toj^cther with proper ohiccs lor the Stcrtiai) , the Rtttnir (juicial and Surveyor General ot this Province, with luch other otiice or othces, apartment or apartments lor the fuitable conducting ol' public buiinels, and ior the Cecuiing and prcl'erving the faid public records, documents and inHruments, and all other books, pa- pers and writings which concern or rilaie 10 the general intereit and pioperty of his Majelty's lubjects in this Piovincc, as the Governor, Lieutenant Gover- nor, Lieutenant Governor or perion atiminiltering the government of this Pro- vince for the time being Ihall, by and with the advice of the Executive Coun- cil thereof order and direct. n. And ke it Juriher Enacled by the Author t/y a/ore faid, That the ("aid build- To be Suiif :.i ing or buildings Ihall be erected and built on iuch plot or lot of ground be- l'^ inComicii longing to his Majelly, lying and being within the Town ol Yoik, as the Go- (hall dirccc. vernor. Lieutenant Governor orpeiTon adminillering the government, by and with the advice of the Executive Council thereof for the time being, Ihall be pleafed to direct. IlL And be It further Enacted by the Authority afore/aid, That it fliall and ^Xw,';,**' may be lawful for the Governor, Lieutenant Governor or pcrfon adininilter- on the ReceWet ing the government of this Province for the time being, from time to time as """*•• occaliori Ihall lequire, to illue his warrant or warrants to the Receiver Gene- ral of this Province, to pay out of fuch funds as alorelaid, the whole or fuch part or parts as to him fhall feem meet, of the faid yearly lum of four hun- dred pounds hereby granted to his Majeiiy for the purpofc of this Act, and that the laid Receiver General fhall account to his Majelly, his heirs and fuc- cefiors for the fame through the Lords Commillioners of his Majefly's Treafu- ry for the time being, in inch manner and form as his Majelly, his heirs an4 i'uccessors fhall be giaeioufly pUn'td to direct. CHAP. X. An ACT for applying a certain Juni oj Monty therein mentioned, to make good certain Monies ij/ued and advanced by his Mujejiy through the Lieutenant Go- ve) nor, in pmjuance oj an Addrefs. Mo.sr Gkacious Sovkkeiijn, [Pafled 9th March, 1804.] WHEREAS ui i)urruance ol an addrefs of )our Commons Houfe of Aiieinbly to PiitK Hunteu Elquiie, your Majefly's Lieutenant Go- vernor of your Province of Upper Canada, bearing date the fourth day of March lafl pafl, in the forty third year of your Majeflys reign, the fum of three hundred and three pounds eleven Ihillings and ten-pence halfpenny has bteii iiltud and advanced by your Majelly through your Lieutenant Gover- nor, to the Clerks and other Ofliccrs of the two Houfes of Parliament, for ceilain contingent expences attending the lafl and prefent Sellion of Parlia- ment, and to enable the faid Clerks to provide a fupply of Stationary for the purpoles of the Parliament ; May it therefore pleale your Majeiiy that it may be enacted, and be it enacted by the King's moft excellent Majefty, by and with the advice and conlent of the Legiflaiive Council and Afiembly of the Province of Upper Canada, conflituted and aflembled by virtue of, and un- der the authority of an Act paffed in the Parliament of Great Britain, intitu- led, " An Act to repeal certain parts of an Act palled in the fourteenth year of his Majelly's reign, intituled, " An Art to make more effectual provilion for the government of the Province of Quebec, in North America, and to make further provifion for the government of the faid Province," and by the authority of the 'anie, I'hat out of the lurpius of any iund or funds lubject to Preamble. %'t\ ^■> »mm, ' ' KCfiiiter to be ASSEMBLY HOUSE OF.--ACT for tbtmnre squiil ReprefctitaMon oithe Comrtwn.. and * ion'.'j^K',"" ^^''fin'iR the qi. .liBcation of Eleilors - v^omrnont, and ASSEMBLY MEMBERS OF YhE HOUSE OF.-ACT to colleft com pen ft ion to th. Members ,s w:.ces) and 1 3 repeal the 33d of the KinR. f ° '*'* A^sfssM^ST? ^SS gATFsLACTVo authorize ?h'; levying and collefting of. &c. ASSESSMENT^ AND RATES—ACT to amend the ^.<' J ihl King refpeftiSg the fa ASSESs'^NfEMTS \iin7iV^u7K''n%'^' "^ ^^^F^™' ' '/^ the HoufVof Affembry. ASSESSMEi'lTS AND RATES.— ACT to amend tormt. Aft refSt^ti ie the fame, ar A.fR^QQMPTlJ'rc ^A^'^'SV^lrV^^' *° '^' Members of the Houfe of A[?-embly, ""tflfrS,^ T^.l^^r^''^ P"'r '"'^'"« '^^P'T!2 -^-^ 'iSl be fubjea •ASSIZE.— ACT to enlarge the time between the ifTuing and the opening the Commiffion slt^n^"! ' '"* ^V """"^ ^*"''^' ^."* *'' altering the t.me of holZg The ^™i^nJd?*""^^^?°'"'^"°'!'l'^"°^"^ ■'"'' fuch^ number of Cle'rks as is therein ^Th^Law/^.^'T^^^ to authorize the Lieutenant Governor to Licence Piaaitioners in ATTORNIES.— ACT to repeal an Ordinance roncerning, 8cc. , fame and to 6i 83 96 114 m 148 »55 200 s8 82 114 301 126 »9^ ^l^e^w^^^^*""'^^^ ^^ authorize the Lieutenant Governor to Licence Praftitioners in ^^nd^Notwe!*"""^^^ *° "''"' ^" Ordinance concerning Advocates, Attornies, Solicitors iARRlSl ERS.—ACT to authorize the Lieutenant Governor to Licence Praftitioners in I PC JLJWf ' • ^^and^SMe^ ^^^ SALE.-ACT to fdpply the want of Enrollment of Deeds of Bargain n ft. , ^iJ?^ ^•■T*^!*^ '^P"' ""^'" P"'* of a Former Aa to encourage the , Dfftr->ying of Wolves and Beafi, . 5 i js BEARS AND WOLVES—ACT for further amending former AA refpeaing Wolves and ISHmNGl P^^M^"^Ar^i° '^"'*'^" '^' Boundary Lines of the diiTerent townfhips. BUILDINGS PUBLIC.— ACT appropriating a certain fum of Money annually to defray the ekpetices of ereaing certain Public Buildings, - ^ ^ c CATTLE HORNED—ACT to leftrain the cuftom of permitting them Sknd Morfes, bheep and Swne to run at large - - CATTLE HORNED— ACT to extend an Aa to reflrain homed Cattle, Horfes, Sheep . and awine to run "at large . . - CAITLE HORNEa— ACT to repeal fo much of an Act of 34th of the King as relates to :>tieepi and to reftram tl^e owners of Rams from permittme ihem to lun at laree du- ring a certain tune of the year - " ." ' .. ° ' Ch^idfea^ ORPHAN.-ACT to provide for the education and fupport oi Oiph»n " ■ : B 191 •»37 ■ \ 80 »37 19* 126 60 Mi 194 »33 320 85 199 313 M7 6i 83 96 r u n B ;& M .' T Pace. CLER?l5.-i-ACT 16 tt»'s B'.nch to regulate certain lees, cults and charges therein mentioned COUNCIL LEGISLATIVE.— ACT o eftablilli a Funil fur the payment of the lalaries of the Offiers of tho Legiilative Couricil and H ule of Alfeinbly, and for defraying the contin);ent expences thereof , - - COUNSELLORS AT LAW.— ACT to authorize the Lieutenant Governor to liceice Pnaitionersin the Law - - .^^ T> .,„ 1 " . COURT SUPERIOR of Civil and Criminal Jurifdiaion.— ACT to eftabliflj, and regulate the Court of Appeal - - , - , . " . COURT SUPERIOR of Civil and Criminal Jurifdiaion.— ACT to amend the 34*h of the King leipeHing the fame, and to tguiate ifie C()UTt of Appeal COURI' OF KING'S BENlH.— ACT 10 amend former A6t» relpeftingthe Court of Ci- vil and Crimir.ai Jurildiitibn and Juries, and to' regulate the Court of Appeal, kc. COURT OF KING'S BENCH.— ACT tor regiilaiing the Practice of the Court of King's COURT OF king's BENCH.— ACT to amend two former A6ts, and to make further provilion re!pe6ting the laid Couit - " , ^ " C(5URT OF KlNG'i BENCH.— ACT to adapt the eflablifliment of the Court of King's * Bench to the prelent fituation ot this Province - - COURT OF KING'S BENlH.— ACT to repeal certain parts of a former Act, and to au- thoiize His iViajefiy's Court tf King's" Bench to regulate certain fees, coHs and charges therein mentioned - _ ^.- ,■ ^ « \ ,.^ COURT OF PROBATE AND SURROGATE — ACT to eftabhfh COURT OF QUARTER SESSIOxnS.-ACT to fix times and places of holding them COURT DISlKiCT.— ACT to eUabliUi aCourt tor the cognizince of fmall caufes in tOU^RT mSTfefCT AND COURT OV REQUESTS.— ACT to extend the Jurifdifti- onano to ic^ulate tlic piouccaiufes ut the D.ttn^t Cwun md Cgiiik ol Ht^uelli '■'.-• , ■ - . i'jUO'S' ■ ' ■ . . • •■J^i—-''- ■•■ . ■ \ ( » 181 58 98 »»3 146 •73 >74 148 160 i 140 811 59 do 68 100 109 lao MS i7t an 5» 49 7$ ^^ • I N n E X. COURT DISTRICT AND COURT OF RFOtTFSTQ An-r* • -. ,* ^MMk °f VhTp!°"u "^^ GAOLS-ACT fo, bu.ldtagof, ,„d f„ .lining ih. ume. CRIMINAL LA\V.--ACT for thelurther .nUoduaion of the CrlmlnarUw of En- ^ H"^?d^S^a7;^7Am^^^^ °"''" °" good/brought IntuJhi. Province From the CUS lOMS.— ACT to anvnd tormcr Aft refpfflina Duties pn e'oods brouaht fmm th# U.u^^;7al"7;ol^rt^'Lnl;^,:i!r'^^'^ '"' '^'^^^"'^^^ '^^ P^-"^' 7 lot 126 2og 10 .87 140 126 »95 178 78 DIST^.CT COURT ^ND COURT OF r1qUESTS.~^CT fo "repeal part of "former Zt rolpeftup theU, Courts, and to maki- fnrtK^r r^.,...i(;..„ f... .u- r.-. P'^-^'.F"' 01 lorracr /ict niv.«mii^ A /^^"."'''! '".'^ '° '"'■'* '"f'^^" provilion for the fame R^x ?iS^-A?^ *"' 'h= better Divifion of this Province ff^fri'i c ^"^^^ '°' ^^^ ""°re eafy B-rring of D >wer V !y 7 '? ^'"^.^o^'ze 'he Lieuien.,nt Governor to appoint certain Commimoners p"ovm«r^ ' "-'" ""'"'''"'" ^.'° ''"' '"'^ ''^'" v^ith Comm.(Iion.rs of t?e Lower ?V^I r^'-^r?"'' *° ?".!''■'? '^^ Provifional Agreement mnde (re'fpeaing Dutie") with the tommiOioners of the Lower Province, . ptv^img i/uiio; wi^n DUTIES.— ACT lo authorize the Lieut. Governor to appoint Commiflioneis for certain • nr^^TpJ" ^IVr' ""i' ^'^"""if^^n^^'s ol the Lower Province,) '""""'""'" ^ '"'"" ' W h^;^ f to au.honze the Lieutenant Governor to appoint certain Commiffioners . for the purpofes therein mentioned (to treat and agree with Commiffioners of the Low- ST^'riS"~"An-? ? "'"y 2K"«n:'^"' "''^^ Commiffioners of rhe" Lower Province, "^ UoI'd'^^U^Blf Am?ri;";"".l^"''" "" ^?'' ^^^"S^' *-« ^»'>' f^--"" f-- ^he DU riES ON GOODS.^-ACT to amend former Aft refpefting Dutie. on Goods hrought .nto h^s Piov nee hum the Un.ted S; .tes of America, and %6 to efJabl.ih a Fund fo the cr< ai.n .md repiuing ot Light Hou(c8, * SS?!?^*^r^T .^ *"iT' '*''".""S *' ^"* cblle^ion of cevtain Dnries (Srills,) OUrili5>.-ACT tgamend torffier Aft lor the due cojleaion of certain Duties (Stills.) ^ ' . *■" .L '_- ■; 7 E • . . fet-ECTIQN.— ACT to pVovfde "(ot the a'ppolatl^eot o'f Returning OflScer*," ■; ' »37 140 58 93 "3 12 i6t 184 196 217 6i Jl It ^ il » - ,ter denning The qualincatfon of EImor», »• ., |>k IRLECTION.— ^CT to. tdmihue Si former' AA "fpcairigi^e appdV«l>Mi>ltJt«iJtoii»i . c«©fficer»," ' ' ' "-' " i.'i-"i Jr> ' -* '.K.fJjHjlTTA cr ' wTft^iit ENGUIUH LAW.-.ACTw»!VW*,« 'i . IvSm.V^? I^ISr>"~An?^^' '*'* H"" recuTing the Province *^jpa,tb4Kif«:*Jli»f«*«l. ENEMIES UNG I,— A(;T to revive former Aft reiiicaina,AI«rnL t 1 1 ^ ir* 1 1 1 j « ENEMIES KtNCi'«.~ACT t6 contfn6e former AaTelpefiiog Alienir ' ' '^ ^ 1 *^ '^ ' ENROLLMfiHT.— ACT to (ttppl^ \ht mr^ dPEntrtllni«^V6{ Oj«A\«*lt^^ itftf ^f^' ' . (ESCAPE — AeTto authorize the apprehending of Fcr<>n*atMx>tfte*reftii]f^ffftoriiiny of hii:Mu>eAy'sProiviacM lO >Jorlb MiltioalMI* thit-fio^ft^e, —• i .• >) > ua* i i^ 9 "5 I3S »:■», 2^ lI35 "137 l» FEES<— /ftrr t» rejpeir CTTt*^ p|»its oVn former Aft, *n(* to AifhwVfjf* MsjeWy't dmitll ^ of King's Bench ia this Province to regaUt* ctmin Fee*, Collf tmd Charge»«h«#ehi I tiien^«nddw. ■^' -r- •• , '' •*■' • l.< ' 4 ; ■ . - ^lELOhfS. — ACT to authoriie the »ppttHie^6ing of Felon* an4 othecs efciping from any of hi« M^c<>y'» Provinces in North America into this Province, FEMMES COVERl tS.— ACT for the more eafy baning of Dower, f EMMES COVERTES.— ACT to enable warried,women baring real eflate,more doinvt- niehtly to alien aW convey thi» fame, ^, FERfttBSJ ACT for th«Rtpub»io« of Ferries, - . flNES, FORFEITURES AND PENALTIES.^ACT to provide for the aecounttiig ft^^^ } fame to his Majefty (oarid tor theufes of this Province* • ' ii ' : jm FIRE— ACTtopreven*, - . - • t. ^ . » FLOUR.- ACT to authorize the Governor to appoint InfpeAors of Flour, Pot and feul A(b..lGQ FORFEITURES, itc— ACt to provide for the accounting for, fcc. - - .' - 8i GAOLS A^D COURT HOUSES—ACT for building of. kc. - ' •■^^^'*-* GAOL AND COURT HOUSE.— ACT to amend the aad of the King lefpeaing Gaoli and Court Houles, aind fol^aKeVing the names of the Diflrifts, GENERAL QUARTER SESSIONS OF THE PEACE,— ACT to fix the times and pUcei ol btvidvng the Courts of - .~ ' ■ GENERAL QUARTER SESSIONSOF THE PEACE— ACT to amend former Aft, attd V U) fix the times and places for holding the General Quarter Seffions ol the Peace, GOLD AND SILVER.— ACT lor the better regulation of certain Coins current, ■ ; PPODS — ACT for granting Duties on goods brought into this Province from tho^ ' United -States of America, &c. - - • , GRAN^. — ACT to obviate errors in Letters Patent , / ,^5 , GRANT. — ACT for applying a certain fum to make good monies advanced through the Lieutenant Governor - . .. , ,j82 Gi^A^T or MONEY.— Act for applying a certain fum of monejj t« jn^fep -, ^ good monies advanced through the Lieut. Governor n '■<() I'liffig GRANTEES SLIGHTS OF.^ACT to declare the fights ©C ,cert»i*. Grtqt<|cg ^ ,of Waile Larids of the Crown - . ,, . aqa • ' TT .t , ■> ^_ . . try HARBOUREBS OF DESERTERS— ACT for th« «xenipl*ry punilhmeWl ii ■^ ol pcrfons who Ihall feduceany.lbldier to 4iefer« his Majefty'«'fervic€, or'WhO'i* fhall harbour, conceal, receive or affift any* defener from fuch fcrvice 209 HEIVjP.jj-A^J for^a^i^i^ l»*»tt?y ^or the futth^r ^ncolwaiem^ni. (tff.the gTow^:itfg aVi-^ ClhtjVotiOn Os iitXTiy - _ « , ft2fc iBIGH^Y^AX^ ANJi R|^^B^S.»WUJ5X t«.regu^late4«U>^goofji«wdi i ^j kecpm-girfrepair^Qf,_;^ ., ^, B . ^ , ,, , ....8^ ■ill? IP a X. PAdi HIGHWAYS AN»ltOADS.--ACT ioftpnipm of an Aft 6f ih« I* ftTBonV ^t . and to make further pruvihon refpcttiag Highways and Roads HIGHWAYS AND ROADS.~ACT to Ji« ihe mechou of Statute labour HIGHWAYS AND ROADS.— ACT for granting money to defray tbe eipet, cei of atticMlnlg mnd repairing the f>oblic Highways and Roadi, Sec. • HOGS.-.ACT to rcftrain the c^x&om of pcrnutttng horles, horned cattle, (h^eo' and fwine to run at large -I . . :HOM£ DISTRICT.— ACT to enlarge th^ time between the iflTuing and the , opening the eommiflions of Affize and NiU Prius in and for this Diftriti.and tor altering the times of holding the iittings » - HGM£ DiSTRICT— ACT to repeal former Aa for a liraitted time refpeain*. lurics . . r •» HORSES* HORNED CATTLE, SHEEP AND SWINE.— ACT to rtftraio the cuttoo^oi. permuting them to run at Urge - . i. ,, HORSES.— AC r to extend an Ati to reftram Horfes, &c. from runninji at larm HORNED CATTLE—ACT to reftram them from running at large ^ ^ HORNEip CATTLE—ApT to ei, tend an Aa to rellrain horned cattle, borfes, Ihctp and iwine from running at large - - . HORDED CATTLE.— ACT to repeal fo much of an Aft of the 'gith'of the ^ , King as relates .to fliee p,, and to rcftrain the owners of wms from permitting them to rpn at Urge during a certain time oF tlie year . HOUSE OF ASSEMBLY.— ACT to provide for the payment of the waeelof &c HOUSE OF ASSEMBLY.-ACT JeftablHh afundTo^rTpaymenTo^^^^^^^^ iaries ot the officers of the Legiflative Council and Houfe of Affcmbly.ana for defraying the contingent expcnces thereof . HOUSE OF ASSEMBLY.— ACT to amend former Aa, and to provide fo'r the ' payment ot the members of. (tc. . . I^OUSE OF ASSEMBLV.-ACT to afcertain the eligibility of perfons to be re- turned Members . . - . "^n^fl-^ ^^ ASSEMBLY.— ACT to amend a former' Aa refpefling rates'and afleflraents, and to provide for the payment of wages to the Members of the Houleof Aflenibiy . , HOUSE OF ASSKMBLY.-ACT for the more equal reprefentation of'the .. Commons, and for the better Refining the qualification of Ele^ors HOUSE OF ASSEMBLY MEMBERS OF.-ACT to colled a compenfation to the Members (as wages 1 and to repeal the a^d of the Kine HOUSE OF ASSEMBLV.-ACT for granting a fund to defray the falaries of the officers of the Legiflative Council and Houfe of Affembly fincludina Com. tniffioners to Lower Canada) . / \ . s ^ •«• HOUSE OF ASSEMBLY.-ACT to eftablifh a further fund for the pSymem of the fakries of the officers of the Legiflative Council and Houfe of Affctably, and for defraying the contingent expences thereof . HOUSE OF ASSEMBLY.-ACT to enable Regifters to be eleaed Members MUKON INDIANS.— ACT to regulate the Statute labour to be done in the iraa occupied by the Huron Indians in the Weftem Diftrick • ) :' ^ ♦if '851 ait. 5^ 961; 114 \ i^i INROLLMENT.^ACT to fupply the want of inrollmcnt of Deeds bf JBareain and Sale, - . ^ ° INDIANS MORAVIAN.— ACT to prevent the fale of Spirituous LiquOM iaibe trki occupied by t^e Moraviaa Indians ia the Wea^siDiflri^^ . -^{f j - tr :i/4« ii^ ^99 111 N.l, D^ X.- Ml DlitNSt MintON.—ACT to Mgubte the Statute Labor to be done ia the /lra£i' •^ occupied by the Huron Indians in the Wcfttrm Diitrid, 1N^P£CTQHS.*~ACT to authoiixe the i^ovcriiur tu4pp ' . ' WJRY.— ACl tociUbhIhTrub by Juiy, - \ ... URI»S.— .ACT ioriheregoUtionoV - -^ Tji'-A . - , . iPKlES SPECIAL.— AC r for the regulation of URH?S:*^AC'r to amei»d fbrmcr AH« rei^cHttif; the r«galaH6n^df jtirfcrf, itt. ^JKIES — ACT lu repeal fuiuicr Att for a lumted tnae fe(pe^.Uag juries iHome ,t ' ' ' ' ' K ''V-}.ji, *vi jh>./;- |tlNG*S BiNCH,— ACT to cftablifh Superior Court oi^fclvJl'Mi Kfiminal JuriP- ^ dlfction, and to regulate ihcCourt of Appeal, ' , . KING'S^ESiCH.— ACt to amend the 34ih of the King rcjbcaing a Superior Court of CiviJ and Criminal Jurifdidion» and to regulate the Couri of Appeal, ietNG.SBENCH!— ACT to aiuend former Ads rdpeCiing the Court of CiVil"' and Criminal jurifditiion and Verpettin^ Juries ; arul to regulate th^if^^t^t of Appeal, - ' .; ," : . ^iT .; iv '. KING'S BENCH.—ACT for regiiVatthfT the Praaice of " • ' "" ' KfNG'S BEMCII. — ACT loaiuqid two toriner Am 9ad to make further provifioiiv rclpetling the laid Court, ' ^». ►» . 'v • ' < ICING'S nKNCH.—ACT the better to adapt the cftuWirtimcnf bl! the fame to the prcfentfituati »n of this Province, - KING'S BENCH. — ACT to repeal ccrtai.i parts of a former Atl, and to autho- rize his Majelty's Court of King's Bench irv this Province to regulate certain Fees, Colts and Charges thircm mentioned, KIN(i's tNEMlLS. — ACT lor better lecuring the Proviucp,^^^ th< Lands and Tenements by the Sheriff, i3a JpABOUR Sr^TUTEf— ACT tQi;egulate the Statute Labour to be done' in the ' Tra^i, 9,i,ciHned by,the Huron Indians in the Weftern. Diftrift, . . . , , , .ty$ JLAwS.— ACTS to prevent the Atisof the Legillatyfe fjcomijijiiing ^i^^Gi, %09^ ^ ,. time prior to the paiiing thereof, - . *79 LAW CRIM|NAL.-rACT for the fimher introduflion of the Criming Law of England, &fc: - '• . . . *'. ^^i M'W PRAClTTIONERSi OF.— AQT to authorize thcLteuitenant.Govfmorto''"' ' licetitJ**,- '^•'- - • ■ . ' ^ ' '.'-^ '8^ VOfW PRACTITICWERS OF.— ACT to authotite the Covcfno^ b*liicc6cc' ' fiatUtMMCM iathe i.avr^ . • «q| i*»'*fiJl(ifeiS«rt,*Ht*^fefciiMWfe:i IK.NijDC .EH XI I (f tltcTalaries tfTtV.officers of the Icgfflat^e toimCill^SiftQu^^^ ^and to defray the contingent expenccs thereoi,, , , ' ^ '^•^^rH^T' '' ^MWMJ, |»GISLATURE.-ACT to prevent the A^^t;^^Uj^i^^)i^^Q^A^ : Tram a time prior to the naffina th^r*»f . ^ ^' ' »^rW* )*f;H» I^^S'flg.Pflf -- -.- „ .„.„.v.. .xi.»T.jr rcgiiiaung mc manner ot Iicencihat'.. >' ^fl."*^' ^° tTOTfoaforcT of thg^Province, . , ,, .■ ' • * . t •.» ^ «'*S''^'~*'''' ""'"""'' '""""^ '^'* f"? ":'f-i*»J^ Col)eaio,:o"f CC.tftiR;|i.«*.'^^ lifowfeGirsA^-icT to an,e„^'"-- °V.^e different '^' . *^iSf f i^lff ^"^^"T^^^^ ^"^ ^^'^S ^thetmiHrier^rtf R^,li„;p,Wie^ # .,... ii<^fns^in«t tor the mor* eafy conviding of pcrfons l^tHn^^fomrti^us^hoS'. I 4: A./iUinuifkccnc(y,i ••. ■ s-h ^lUts^ ^ ^ t "> v ''n.; w! .1?^ r T J^T W^;'^ -, «. ^cr o^Licenang PublicTI'au^^., and lor-the more e^fy convifctSg ofSm feH 'tA r- < r- Wi :(. ^t JPags, ) MAGISTRATES.— ACT for the more eafy recovery cf fcal! debts ^ MAGISTRATES.—ACT to regulate the proceedings of, Sec. as to Court of Re- queftsj&c. . MARRIAGES.— ACT to confirm and ra'^ke valid certain marriages heretofore contraaed, and to provide for the future folemnization thereof MARRIAGE.— ACT to extend the provifions of a former Ad, and to provide fo# the f uture foJemnization of Marriage , , , IJARRIED WOMEN.~ACT for the more eafy barring of Dower - MARR ED WOMEN—ACT to enable Manied Women having real cftate, more conve- nientiy to alien and convey the lame !.> MEASURE WINCHESTER ACT to eftablifh - . • UfJJSSS? 91 I"^ "OUS^ O*" ASSEMBLY—ACT to afcertain the eligibility of MEMBERS OF THE HOUSE OF ASSEMBLY.-ACT to enable perfoo. hSg the %ii^^4^vl^^K^^^ *" *'* *^*^*** MeoBbers of the Houfe of Affembly •ifcMBERS.— AC r for the more equal rcprefentatJon of the Commons and for the better defining the qualification of Eieftors - MEMBERS 01? THE HOUSE OF ASSEMBIY.-ACT to collea compehfttign to the **Jv^h" <*?;^*') '"'***' "^P""' »*»e 33d of tbe King laiLlTIA.— ACT for the better regulation of - . MILITIA — ACT for the further regulation of . . MILITIA—ACT for the further regulation of the Militia - MILITIA — ACT for the further regulation of the Militia, and for the more effeaual punilhment of offenders againft the Militia Laws MILLS.— Toll to be taken in . . ^ . SSJff v*""* £1 ?' *^* ***"" regulation of certain coins current - ' . *iONE\— ACT for applying a certain fum to make good monies advanced throuefc the Lifuc, Governor -, . . . MONEY GRANT.— ACT for applying a certain fum of money to make good monies advanced through the Lieut. Governor - - •"«»•«. MORAVIAN INDIANS.-ACT to prevent the fale of fpirituou. liquors, kc. in the tra« occupied by the Moravian Indians in the Weftein Diflria - • N ^n^^^^W DISTRICT— ACT to provide for the adminiAratioo of fnftice in tht Diflrift of Newcaftle - . ,».••.«• Kibl PRIUS COMMISSIONS PF.-ACT to enlarge the time between the iflUing and •he opening ot Coouniflions of Affize and Nifi Prius in and for the Home Diftriaf and for altering the time of holding the littings thete, - 1 ^*^^^*^^*~'^^^ *° repeal an Ordinance concerning Advocates, At lomies, Solicitow and Houfe of Aifembly, ko. - . " OFFICERS.--ACT for granting a Fund to defray the falaries of the Officers of the Legifla- OmcSs"' ACT^o^'^i'.hlu^fr^.'^ (mcluding theCommiffioners to Lower CanaSa. kc. VVu. •""« ■ *^ to eflabliQi a further Fund for the payment of the falaries of the oSicert of theLegiflativeCouncil and Houfe of Affembly, and to deiiay the continfient ex- petices thereof, - _ ■ 6 •» SffIcerI It^V^J^J^ T?;?N-ACT to provide forihe appoimment of ^If .^!?i.?il^.^?.f^lJ^.?;~A?l[ n°J^*A*'« ^^^ »*>« appointment of Returning Officen Si^MF'^ili^riM'^^T Aa!ie73 6a 23 61 ^chfito?"***^*^'^^^'^ *** *"^' C' ^°' *''' •*""**''^ *~* ****'*'*" •^ ^^«*^"» 147 (J\ ^*x, s »3'« 169 1 iK feci ■•;, ■••.,., Pi«- ^r. , . ■ ^ P •'«'*'-? -T--*^- ■ - r;r/J|»:^ PARISH AND TOWN OFfICERS.-.ACT to provide for the nomination and app^inK ^^fi.u men t 01 - . - rrf'Yt TkffT/. a PATENT.^ACT to obviate errors in Letters Patent, * *^-' ' - ; t , ^ PATENTS.-^ACT to declare the richla of certain Grantees of Wade Lan«"« * A e " ^'i'^^y' *° ^^^ fo' »'»« "'" of this Province, - S ' »"« f and Peat? AUks"^^^ *° authorize the Governor to appoint Infpeaois of Flour, Pot ' PHYSIC ANoTuRGERY.-ACTto'regulate the praAicc of " . PLE-iS COMMON—ACT 10 aboliO, the Court of . PORTS OF EN rRY.-ACT to enable the Lcui. Governor to appoint additional ports of ^ entry, and to appoint colleftors at the lame, . . pvm wi ^Tart A?i^~^^^ *° authorize the Lieut. Governor to appoint Inlpeftor* of flonr, Pbjt ani ^gfr TJ? PRACtISSSfSs ?n^THR^?W^^J;° >u.horize.heLi;ut, Governor .o'licencf.^ ''V^a^6Si™^^?heL'lwT" "^^'"^-^^^ '^ authorize the Lieut. Gov«rport^M,SnCC ?R fvp J^nSf J> n^ h .^IT^?^ *°' ''''"" regulating the Praftice of the Law, rSbf ° - ' *^''''^'°" °^ *^* ^°"°^y '**' ^""''•* ^^"""^ i"»» PROBATE— ACT to eftablifh a Court of Probatein this Province', and alfo aSurroHate Court in eviTV diftiia, . , vujjwg^ic PRTOVINCE— ACT fbr the belter divifion of the Province, '"*" "" ' *^^ ^^^T--^'* jfROVISIO'NAL AGREEMENT-ACT to ratify the fam'e madevrirh the Comtnijnoner. of the Lowci Province, - . «.«» a«uu6i« PROVISIONAL AGREEMENT— ACT to authorize the Lieut. Governor to nominate andappfiat certain Coaimimoners for the purpofes therein mentioned'fto treat with Commiilioners ol the Lower Province) . I PftOyiSIDNALAGREE.VJENT— ACT to authorize the Lieut. Governor ti nominate ««5l..^PP^'"' V''^"*"""^"^^'' '° ^"^^3' "'■'h Conimiflioneis of the Lower Province. PROVISIONAL AGREEMENT.-ACX to ratify agreement with the QoSuiioners of , the Lower Province, - . , . , "» PROVISIONAL AGREEMENT— ACT to confirm the fame made with "the Commifnon- ers ot the Lower Province, and to cominueaU Ait of ^othof the KitiP PROVINCIAL STATUTES.-.ACT to promulgate the Provincial gtaf ute., atid .0 repeal «n Aa relattnp to printing the Journals, . .^ , '^ PUBLIQJiLJILUlNGS — ACT for'appropriating^ certain fum of' ttjon»y annually to de- fray the expence of eiefting certain public buildings, '- . PUBLIC HOUSES— ACT tor regulating the maimer of1iccncin#, and for the more cafy conviaing ot perfons felling fpirituous liquors without licenc^ 'i = i * / PUBLIC HOUbES — ACT to amend a former A6t for regulating the manner of UcenciiiP . puljlic houies, and for the moie caiy convii-tion of perfons Celling Ipintuous liguorf without licence, ^^ . , - ° "^ ^ ^<1 ;l95.*iO Q «o i9« 120 5? 140 » -I 129 "3 148 -130 gt no -Au r to amend a former A^ to fix the times a former A£t to fix the QUARTER SESSION^ OF THE PEACE. and places of holding the Courts of QUAR lER SESSIONS OF THE PEACE.—ACT to amend times and places ol holding the Court? of ,<;mI.. . , „ : QTAR TER SESSIONS COURT OF— ACT to remove dcubts with rcfpeft to (he Courts of General Quarter Selfionsund other Courts in the Uveral diftrifts of tbi« Pro- vmce, &c, and to fix times of holding General Quarter "Seffiotfk ••'-'* »^t. . ■! fl ' ??y?<;-''^^'^ **» "'*'"'" ♦^*^'" from running a*t\rge diirii4*«'«rtaYti'tfme '' 5ax?! ^SP f.^^^J^P^?-^^'^ ''^ authorife.thelajing and couTaing of. !.c. RATES AND. A5SbSSMtNiS— ACT to amend ttie aid^of the King rclLaiw the - - fame, and to provide lei the payment of wages to the mloibers of the Houfe of Attembly. .^a XII 45 ait 28 k AfH al> i.E' .PC. Pao i RATES AND ASSESSMENTS— ACT to anendi former AA rffp«Aing the iwie,«nd ' io piovyc toK the payment of w^e^ to 'he member! of thfHoufe of Aileinblyt 114 RATES At^D Assessments.— ACT particularizing the property which th»Us^eittb-,. jcft t^ affcirmentJ and rates, &^c. - ...".« . « * * - ' rt» '^^ RECEIVER GENERAL.— ACT to afcertajn the iat« which the Receiver General (haH 41 y lake out of the tnoniei pafliiig through his hands fubjeit to the diJpofaion 9I the Par-. ' liament of this Province - ;"\i,'^ ",.,„, . '•'< REGISTER.— ACT for the public regineringof Deeds, Conveyances, Wills, dc. REGISTER OFFICE.— -ACT to enable the perfons holding this office to be eleaed rafm- - hers of the Houfe of AJfeinbly - ',,....* •Rt.QUESTS COURT OF.— ACT for the more eafy recovery of rroall debts REQUESTS COURT OF AND DISTRICT COURT.—ACT to extend the jurifdifti- uu and to reijulaie ll>e proceedings of the Difttift Court and Court of Requefls REQUESIS COURT OF AND DISTRICT COURT.—ACT to repeal pyrt of a for- inci Aft, relpeiting thete Ccui s, and to make further p:ovifion lor the fame ; JRNING OFFICE^*— ACT to provide for the appointment of ReiuroiDg Offi- cfeisot the f'-ver.il Counties within the Province - ' • RETURNING OFFICERS.— AlT to continue former Aft vefpeaing their appointment REVENUE.- AC r to incieale the Revenue and to compel the accounting for the (amc lj» the Trcalurer of the Province - • ' ^ ,*, "« ' .» r— Rights of grant EES— act to declare the right! of certain Grantees of the Croim .»9a ROADS AND HIGHWAYS.— ACT to Kijulate the laying out, amending and keeping ..| .180 101 148 7 134 T «37 et |a8 Rq'\S§'^!^ND 'HIGHWAYS.— ACT to repeal certain parts of an Aa o)F tbf a4 SfflioV luand to make tuither provih jn lefpeaing Highways and Roads RQADS AND HIGHWAYS.— ACT to alter the method ol Statute Duly'' ■? .8^ a 14 O ADS AND HIGHWAYS.— ALT for granting money to defray the expence of a- ^^nicudinfi and repairing tlic pulilic Highways and Rouds, &ic. • ,- •^ i,.*' ii. ...;>w>j' j;*,, - ''■••• t!> ' ^ ■■ ■' J'- • ' ■'' ~~ -'• *^- SAI'ARIES.— ACT toenablini a fund for payment of, to the officers-«f the Legiaattve ^ -^ Council .-.RdAliembly, and Jor decaying the e^titingent cxpenceslbereof 59 SALAKIFS. — -^CT fpr granting a fund to defray'the laluiies of the ofl^cers.of the Leglfla-- :-■" live Coiimil and H^ule of Alfembly '• •> " • - - BiW/ILTiDEBTS.--li4CT forthetecoveryof • t ,.r; •-(*;»,• SOCfETt L<4W.— >ICT for better regulating the praaicc of the Law ) JbLUlERS Hi^RBOURlNG OF.— WUT tor the exemplaiy puiUlument ^f perfons who iRill ledupe any ioiciiei to dPicil, ot who iiuu^arbour or conceal them, kc, ' SOLICI ) ORS.-ri4pT to repeal_ ap Oidmancc concerning adv^ocaie^ atjojiucs, (olicitors "SIM<1 1 UOUS LIQUORS.— ^CT for regulating the 'mariner of ftceftcfng*PUI!>l!C Houfes . aua ioi ilie moic caly convuiuig ol f.eifwm uUing fpimuuus licjupis wuuoui licence IH m 1 ara 183 >95 107 50 7 130 3-9 »37 9» ^' r » » V *. SPIRITUOUS LIOUORS._^T . .- , . ■ • . >9< S*IVjV'r •uvincc ana ine Uiilled gta ■i ST. he United Si. , md the Unlttd Sui«, '""'»■">' '•" "" "sulimon of iwdc beimi. ihli ftoviote ?t{i f I A?Xl°' '^' **!•'" '^''="''"8 »^«*^"' colle«lon of certain dati«k *'iSSSS'*"-'*-'^l° """""■ * '=""".' " '^•'»". ««' If- » 8u„o,.;. Curt in ...r, T ' ' TITlr9:I^f Ik T""" '"','""'*'"'■ '"""'"t""" •• land. TO w'J,^?s'|,^"uSL"K?l'^,«fl^^5^^^^^^^ »<• .ppob.n,.„. of rtnl To.i,(hlp.. '-"•"'»— «l-rioi(«mii.lh.b,eU„,..d TREAbURER — ACT to incrcale the Roumu* .«,! «-. - i .^ TRMLS BY JURY .^ACT to cftabl.ft Trial, hy Jury , ' ' ""^.nJ^^ 'Jnffi^ITcf ^ <''"P°"'^> ^- ««»- «' T.de between .his Province SS=^^^^^^ *•' .He regulation errrad. SNiT£Si[il£S:r.S.orend'g^^^^^^^^^ ^^^ ♦»'' ^"''•<' ^'««" ihc Uuae. ^.u.. and tocn^^i/dTJ &MS a^' ^^.^'.'1.70? ii^K^^r •1^ 101 houlira 184 •31 17a ■'9 19? ••I 95 5» 140 •74 9 33 »35 «33 »57 138 *3a 161 184 *8 r'r I '- N D E X. WACES.—ACT to amend a former Aft refpcfttriR rutei and o(Tf (TmfnUk and to rr^vWf r<. the ^ytnent of wages to the Membm of the Houle of Aflcmbly, WAGEi.--ACT loiimend a former Aft, and to provldr for payment of wauei to tlii Mem V DM* of the Houle of Allpmbly, and lelprMIno «jie» and .ilfrirmenti WAGES OF THE MEMBERS OF THE HOUSE OF ASSEMBIY—ACT to collect I outnpeniatiun to the Member* (for wage*,) .uid lo repeal part ol j ul of the Knii?, }X!^^^:"r.'^^,T *"5'!"..*.'^'-PA'l'".'' "rKJ!'ff'"K ot Deed*, Convcy-inrci; WilU, k^ yOl.VES Ji BEARS— ACT ku further amendlnR-former Aft refpefting Wolvei itid WOMEN MAURI El) — ACT m ennblcnjiitrled women having ical cAate, mure convc- i<4nicntiy to alien andconVry the lame, Y YORK — ACT to cn.ib!c the iuhabilanti of the lownfliip of Y.mIc to uttemble and iioml- i'h!itel».iriUi and Town OHitexs, - , »'f lot I la J94 i 1 »'7 •4MM ^j.^qwjfc- iT'n''"tx E X ' 1 ?, w %Q^ fuch BRITiSH STATUTF S rcluiive to Upper Canada as arc publifljcd wit!) tho ' A i'rovinciai Siaiutcs, Thac Statutes nrc hound up at the hf^inning o/lhii Work. CT for making more effcftual provilion for the Government of the Piovlncc of Que- bec, in North America, I4tli Geo. 3d, c. 83, - . ACT toeflabliih a Fund towards further defraying ihcrhnfR-ii of the admlnift.ition of fuf- tice, and fupnort ol the civil Government within the Province ol Quebec, 10 America T4th Geo. 3d, c. 88, . .•.•••■•' ACT for amending and exp!;iining an Af\, palTed' In the- fourteenth yeaf of hip JW.jcliv'fi reign. Intituled, "an Aft to enabliiha bund towr.id, further defryyuifi the tharue* ,,f theadtniniflrationofjunice, and fupportoftheCivil Government within the rruvinc*^ -•' 'T of Quebec, in Aincric;i," i5tli Gcv. .^il. i , 4.>, ACT. to repeal certain pan* of an Art, pa lied in the fourteenth year of hli Msjefl/f leign, intituled, " an Aft for m^kinp more effettual provdi-.n h,t the Govcrnmcut uf the Province ol Queb5c, in North America j" and to make furlher provifion for the Go vernment of the laid Province, 31(1 Geo. 3d, c. 31, - ACT forextending the Juiildlftio'npf the Courti of juftioe in the Prnvincro of Lowci and UiJi-er Canada, to tho Trial and Punilhnient ol Peilon» guilty of Crime* and Olfcnrr. within certain p,irts of North America ad)dning to the faid Province, '43d Geo. 3ci. C > I -JO* — IX. XI. xx^% E R R A T A. INSTEAD of «« Fourth Patliamcnt" at the bead of page* ao;, 2^9, 211. ., ,, J»6'<«'7» *»9» «>**» and aag, and on the back of paj^e 433, read «»iiu KD *,