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SESSIONAL PAPER No. 30

owing to him, her or them, not exceeding the sum of Forty Shillings Quebec Currency, by any person or persons whatsoever inhabiting the said Province to cause such Debtor or Debtors to be warned or Summoned by a writing under the Hand of a Justice of the Peace, acting under and by virtue of his Majesty's Commission, to be left with some grown Person at the Dwelling House or place of abode of such Debtor or Debtors or by service of the same on the Person of such Debtor, to appear before the said Justices of the said Court; and that the said Justices shall after such Summons as aforesaid, have full Power and Authority by virtue of this Act to make or cause to be made such Acts, Orders, Decrees, Judgments and Proceedings between such Plaintiff and his, her or their Debtors defendants touching such Debts not exceeding the Sum of Forty Shillings Quebec Currency, in question before them, as they shall find consistent with Equity and good Conscience, and all such Acts, Orders, Decrees, Judgments and Proceedings shall be entered in a book to be kept for that purpose.

III. And for the more due and regular proceeding in the said Courts, it is hereby further enacted, that it shall and may be lawful, for the said Justices to administer an Oath to the Plaintiff or Defendant, as well as to such Witnesses as shall be produced by each Party, and to all the Officers of the said Court, when the said Justices shall think it meet.

IV. And be it further enacted by the Authority aforesaid, that in case any Person or Persons shall make Oath or give Evidence, in any Cause depending before the said Justices in the said Court, whereby he or they, shall commit Wilful or Corrupt Perjury, and thereof be duly convicted according to Law, that such Person or Persons shall suffer the pains and penalties inflicted on Wilful and Corrupt Perjury, by the Statute passed in the Fifth Year of the Reign of Queen Elizabeth.

V. And be it further enacted by the Authority aforesaid, that no Person or Persons, shall be capable of acting as a Commissioner or Commissioners in the Execution of the Power given by this Act, until such time as he or they, shall respectively have taken an Oath, to the following effect;

"I, A. B. do Swear that I will faithfully, impartially and honestly, according to the best of my judgment, hear and determine, such matters and things as shall be brought before me, by virtue of an Act of the Legislature of this Province, intituled an Act for the more easy and speedy recovering of small Debts, without favor or affection to either party.”

"So help me God."

VI. And be it further enacted by the Authority aforesaid, that the several Fees and Sums of Money herein after limited and expressed, and no more shall and may be taken; For every Summons, Six Pence; for every Judgment, Two Shillings and Six Pence; for every Execution, Two Shillings; for every Supoena, Six Pence; for every Copy of Judgment, if demanded, One Shilling;-The allowance to all and every of the Witnesses to be left to the discretion of the Justices but not to exceed Two Shillings and Six Pence per Day to each Witness;-And for serving every Summons or Supoena, within one mile of the Justices House, One Shilling; and for every mile in travelling to execute the same, when the distance exceeds one mile, Four Pence; for serving Writ of Execution, serving and sellings Effects, and making Return, Two Shillings.

CAP. VII.

AN ACT to Regulate the Toll to be taken in Mills.

WHEREAS it is expedient to ascertain and determine the Quantity of Grain to be taken by way of Toll, for Grinding the said Grain into Flour and Bolting the same, and whereas different Customs have obtained within the several Districts of

12 GEORGE V, A. 1922

this Province; Be it enacted, by the Kings Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Assembly of the Province of Upper Canada, constituted and assembled by virtue of and under the Authority of an Act passed in the Parliament of Great Britain, intituled an Act to repeal certain parts of an Act passed in the Fourteenth Year of His Majesty's Reign, intituled an Act for making more effectual provision for the Government of the Province of Quebec, in North America, and to make further provision for the Government of the said Province; and by the Authority of the same, that from and after the first day of January in the Year of Our Lord One thousand seven hundred and ninety three, no Owner or Occupier or Owners or Occupiers of any Mill or Mills within this Province, or any person employed by him or them shall demand take or receive any quantity or proportion of Grain, brought to him or them to be ground and bolted greater than one Twefth share or part for grinding and bolting such Grain.

II. And be it further enacted by the Authority aforesaid, that any Owner or Occupier or Owners or Occupiers of a Mill or Mills within the said Province, or any person employed by him or them, who shall demand and take after the Day and Year above mentioned any Quantity or Proportion of Grain greater than the Twelfth share or part of such Grain as aforesaid, shall for every such offence forfeit and pay the sum of Ten Pounds Quebec Currency, one moiety thereof to his Majesty his Heirs and Successors for the Public uses of the said Province and the support of the Government thereof, and the other moiety of the said Sum, to any Person who shall sue for the same in any of his Majesty's Courts of Record within this Province.

III. And whereas much inconvenience and confusion has arisen from the Custom of bringing bags of Grain without any distinguishing mark to whom the said bags of Grain belong; Be it enacted by the Authority aforesaid, that no Owner or Occupier of any Mill, shall be bound to receive or be chargeable with the loss of any bag or bags of Grain or Flour, unless the same be marked with the initial Letters of the Christian and Surname of the Owner of the said Grain, or with some mark distinguishing the said bag or bags, which mark of distinction, shall be previously com municated and made known to the said Owner or Occupier, or his servant usually attending the said Mill.

CAP. VIII.

AN ACT for Building a Gaol and Court House in every District throughout this Province, and for altering the Names of the said Districts.

WHEREAS great inconveniences have been suffered by the Inhabitants of this Province, from the want of Prisons and Court Houses in the several Districts thereof, and whereas such Buildings are manifestly necessary for the regular Administration of Justice and the due Execution of the Laws; Be it enacted by the Kings Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Assembly of the Province of Upper Canada, constituted and assembled by virtue of and under the Authority of an Act passed in the Parliament of Great Britain, intitled an Act to repeal certain parts of an Act passed in the Fourteenth Year of His Majesty's Reign, intituled an Act for making more effectual provisions for the Government of the Province of Quebec in North America, and to make further provision for the Government of the said Province; And by the Authority of the same, that a Gaol and Court House, shall be erected in manner herein after to be mentioned in each and every District throughout the said Province.

I. And be it further enacted by the Authority aforesaid, that from and after the passing of this Act the Name of the District at present known by the name of the District of Lunenburg, and bounded as in a certain Proclamation issued by his Excellency GUY LORD DORCHESTER, in the Twenty-eighth Year of his Majesty's

SESSIONAL PAPER No. 30

Reign is described shall cease, and that the said District shall hereafter in all public proceedings be called and known by the Name of the Eastern District.

II. And be it further enacted by the Authority aforesaid, that from and after the passing of this Act, the name of the District at present known by the name of the District of Mecklenburg, and bounded as in a certain Proclamation issued by his Excellency Guy Lord Dorchester, the Twenty-eight Year of his Majesty's Reign is described shall cease, and that the said District shall hereafter in all public proceedings be called and known by the Name of the Midland District.

III. And be it further enacted by the Authority aforesaid, that from and after the passing of this Act, the name of the District at present known by the Name of the District of Nassau, and bounded as in a certain Proclamation issued by his Excellency Guy Lord Dorchester, in the Twenty-eighth Year of his Majesty's Reign described shall cease, and that the said District shall hereafter in all public proceedings be called and known by the Name of the Home District.

IV. And be it further enacted by the Authority aforesaid, that from and after the passing of this Act, the Name of the District at present known by the name of the District of Hesse, and bounded as in a certain Proclamation issued by his Excellency Guy Lord Dorchester in the Twenty-eighth Year of his Majesty's Reign is described shall cease, and that the said District shall hereafter in all public proceedings be called and known by the Name of the Western District.

V. Provided always and it is hereby enacted, that such alteration of the Names of the several Districts, shall not impeach or be construed to impeach, the legality of any existing Commission granted for the exercise of any Authority or Jurisdiction, within the Limits of the said Districts, or any of them by the names herein before mentioned, or to make void any legal or other Proceeding had under and by virtue of the said Commissions, or otherwise to affect the said Commissions in any respect whatever.

VI. And for the better effectuating the building, the said Gaol and Court House in each of the said Districts; Be it further enacted by the Authority aforesaid, and it is hereby enacted, that the Justices of the Peace within the respective limits of their Commissions at the General Quarter Sessions assembled, shall be Authorized and they are hereby Authorized, by such means as shall to them seem most fitting and convenient, to procure different Plans and Elevations of a Gaol and Court House, to be laid before them for the purpose of selecting and determining upon one of the said plans and elevations, which shall be approved of by the greater part of the said Justices then and there assembled as aforesaid.

VII. And be it further enacted by the Authority aforesaid, that it shall and may be lawful for any two or more of the said Justices, assembled in manner aforesaid, in the name and on the behalf of the Inhabitants of the several Districts, to contract with, and they are hereby enabled and authorized to contract with any Person or Persons who shall be willing to build the said Gaol and Court House, according to the plan so approved of as aforesaid, upon a scite or situation to be determined upon by the said Justices or the greater part of them so assembled as aforesaid, and for that purpose the said plan and Elevation shall remain and continue in the Office of the Clerk of the Peace of the several Districts for general Inspection; and public notice shall be given to all Persons willing to contract for the building of the said Gaol and Court House, to deliver in within a certain limited time, written proposals or offers under seal, of the Sum of Money for which he or they, will engage to build such Gaol and Court House, conformably to certain articles and conditions, to be agreed upon by the Justices then present or the greater part of them as aforesaid, and that the said Justices shall on a day for that purpose previously to be fixed openly examine the said proposals so delivered in as aforesaid, and shall be empowered and are hereby required to contract with such Person or Persons as shall offer to under

12 GEORGE V, A. 1922

take and perform the said buildings for the lowest price, Provided the Person or Persons making such proposals shall give and enter into good and sufficient security to be approved of by the said Justices or the greater of them in manner aforesaid, for the due performance of their Contract.

VIII. Provided always, that it be an article within the said Contract and the Person or Persons so contracting shall engage that the said Gaol and Court House, shall be compleated within eighteen Calendar Months, after the Execution of the said Contract.

IX. And be it further enacted by the Authority aforesaid, that a Gaol and Court House for the Eastern District, shall be built in a manner aforesaid, in the Town of New Johnston in the Township of Edwardsburgh.

X. And be it further enacted by the Authority aforesaid, that a Gaol and Court House for the Midland District, shall be built in manner aforesaid in the Town of Kingston.

XI. And be it further enacted by the Authority aforesaid, that a Gaol and Court House for the Home District, shall be built in manner aforesaid in the Town of Newark.

XII. And be it further enacted by the Authority aforesaid, that a Gaol and Court House for the Western District, shall be built in manner aforesaid, as near to the present Court House as conveniently may be.

XIII. And be it further enacted by the Authority aforesaid, that in each and every District, the Sheriff thereof, shall have Power and Authority, to nominate and appoint such Person as he shall judge most proper to the Office of Gaoler and Keeper of the Gaol and Court House, and also to remove and discharge such Gaoler and Keeper.

XIV. Provided always, that no Licence shall be granted for retailing any Spirituous Liquors, within any of the said Gaols or Prisons, and if any Goaler, Keeper or Officer of any Gaol or Prison shall sell, use, lend, or give away, or knowingly permit, or suffer any Spirituous Liquors or Strong Water, to be sold, used, lent, or given away in such Gaol or Prison, or brought into the same, other than except such Spirituous Liquors or Strong Waters, as shall be prescribed or given by the prescription and direction of a regular Physician, Surgeon or Apothecary; every such Gaoler, Keeper or other Officer, shall for every such offence forfeit and lose the sum of Twenty Pounds Current Money of this Province, one moiety thereof to his Majesty his Heirs and Successors for the Public uses of the said Province, and the support of the Government thereof, and the other moiety of the said sum with full costs of suit to the person or persons as will sue for the same in any of his Majesty's Courts of Record in this Province by action of debt, bill, plaint or information, and in case any such Gaoler or other Officer being convicted thereof as aforesaid, shall again offend in like manner, and be thereof a second time lawfully convicted, such second offence shall be deemed a forfeiture of his Office.

XV. Provided also, that it shall and may be lawful for the said Justices at their Quarter Sessions assembled as aforesaid or the greater part of them, to frame and draw up such Rules and Regulations to be observed and obeyed within the said Gaol, respectively as to them shall seem most proper and convenient, which having received the approbation and signature of one of the Judges of the Supreme Court, shall be binding on the Gaoler and Prisoners.

XVI. And be it further enacted by the Authority aforesaid, that it shall and may be lawful for the said Justices within the respective limits of their Commissions, assembled as aforesaid, or the greater part of them, and they are hereby Authorized and empowered, to ascertain and appoint a reasonable Yearly Salary according to their discretion to be paid to the Gaoler, and that the said Salary shall be in place of

SESSIONAL PAPER No. 30

all Fees, perquisites or impositions of any sort or kind whatever, and that it shall not be lawful for the said Gaoler or Officer belonging to the said Gaol, to demand or receive any fee, perquisite or other payment from any Prisoner who may be confined within any of the said Gaols or Prisons.

FINIS.

NEWARK: Printed by Louis Roy, 1793
ACTS OF THE LEGISLATURE
OF HIS MAJESTY'S PROVINCE OF
UPPER CANADA,

PASSED IN THE SECOND SESSION

AND IN THE THIRTY-THIRD YEAR OF THE REIGN OF

OUR SOVEREIGN LORD

GEORGE The THIRD.

CAP. I.

AN ACT for the better Regulation of the Militia of this Province

WHEREAS the Establishment of a Respectable Militia, under proper Officers is essential for the Protection and Defence of the Province; Be it therefore enacted by the Kings Most Excellent Majesty, by and with the advice and consent of the Legislative Council & Assembly of the Province of Upper Canada, constituted & assembled by virtue of & under the authority of an Act passed in the Parliament of Great Britain, intitled an Act to repeal certain parts of an Act passed in the Fourteenth Year of His Majesty's Reign, intituled an Act for making more effectual provision for the Government of the Province of Quebec, in North America, and to make further provision for the Government of the said Province, and by the Authority of the same, that from and after the passing of this Act an Ordinance of the Province of Quebec, passed in the seventeenth Year of His Majesty's Reign, intitled "an Ordinance for regulating the Militia of the Province of Quebec and rendering it of more general utility towards the preservation & security thereof," shall be repealed, and the same is hereby repealed accordingly. And be it enacted by the authority aforesaid, That the Governor, Lieutenant Governor or Person administering the Government in this Province, shall and may from time to time, constitute and appoint a Lieutenant in each and every County and Riding thereof, who shall have full power and authority, and is hereby required to call together, arm and array, and cause to be trained and exercised, such persons, in such manner as herein after directed, once in every Year, and the said Lieutenants severally shall from time to time, constitute and appoint one such person as they shall think fit, qualified as herein after directed, and living within their respective Counties and Ridings, to be their Deputy Lieutenant, (the names of such persons having been first presented to and approved by the Governor, Lieutenant Governor or Person administering the Government of the Province for the time being) and shall appoint a sufficient number of Colonels, Lieutenant Colonels, Majors, & other Officers qualified as herein after directed, to train, discipline, & command the persons so to be armed & arrayed according to the rules, orders and directions herein after mentioned, and shall certify to the Governor, Lieutenant Governor or Person administering the Government of the said Province, the names and Ranks of all such Officers so appointed, and in case the Governor, Lieutenant Governor or Person administering the Government of the Province, shall within two Months after such certificate shall have been laid before him, signify his disapprobation of any of the persons so appointed it shall not be lawful for the said Lieutenants to grant a Commission to the person so disapproved, but Commissions shall be granted

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