the punishment of fore this Act were punishable with death, either with or without benefit of Clergy. Banishment. Transportation. not in any case be allowed, any Law, Statute or Usage to the contrary General provision for notwithstanding; and that in all cases of crimes made punishable by offences not specified this Act with death, the effect of such provision shall be the same as in in this Act, which, be- the case of any offence which, before the passing of this Act, was made punishable with death without benefit of Clergy; and that all persons who may hereafter be duly convicted of any offence not specified in this Act, and which before the passing thereof was punishable in this Province with death, with or without benefit of Clergy, shall be liable to be banished, or to be transported beyond the seas for life, or for such term not less than seven years, as the Court before which such person shall be convicted shall adjudge, or shall be liable, in case such Court shall think fit, to be imprisoned only, or imprisoned and kept to hard labour, or in solitary confinement in the Common Gaol, or in any Penitentiary, or House of Correction, that may be provided for such purposes, for any term not exceeding fourteen years, except persons convicted of returning from transportation or from banishment, with respect to whom the term of imprisonment, with or without hard labour, or by solitary confinement, may, if the Court shall think fit, be extended to the term of his or her natural life and that in case of Manslaughter, the offender shall be liable to be fined or imprisoned, or both, in the discretion of the Court, Provided that such imprisonment shall not exceed twelve calendar months: And provided, that the offence of Manslaughter shall be punishable by such fine and imprisonment only, and not by all or any of the other descriptions of punishment in this clause before mentioned. Solitary Confine ment. Returning from Manslaughter. For what Felonies offenders may be pillory. XXVI. And be it further enacted by the authority aforesaid, That if any person shall be convicted, after the passing of this Act, of Forgery, or of uttering any forged deed, will, instrument, note, bill or writing, or whipped or set in the of falsely personating any person or persons, which forgery, or which uttering, or which false personating was, before the passing of this Act, punishable with death in this Province, the Court before which such person shall be convicted may, if they shall think fit, adjudge such person (unless in case of a female) to be set in the Pillory, once or oftener, or to be once or oftener publicly or privately whipped, at such time or times, and at such place or places as they may direct, which punishment shall either be in addition to any other punishment which the Court, according to Law, may award, or otherwise, as may to them appear proper. CHAP. CHAP. V. AN ACT to take away Corruption of Blood, save in certain cases. [Passed 13th Feb. 1833.] WHEREAS it is expedient to mitigate the rigor of the Law in respect to Corruption of Blood upon Attainder for Felony :-Be it therefore Preamble, enacted by the King's 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, entitled "An Act to repeal certain parts of an Act passed in the fourteenth year of His Majesty's Reign, entitled '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 no Attainder for Felony No attainder, except which shall take place from and after the passing of this Act, save and for High Treason, except in cases of the crime of High Treason, or of Abbetting, procu- shall extend to the ring, or Counselling the same, shall extend to the disinheriting of any heir. Heir, nor to the prejudice of the right or title of any person or persons, other than the right or title of the offender or offenders during his, her, or their natural lives only; and that it shall be lawful for every person or persons to whom the right or interest to or in any Lands, Tenements or İlereditaments, after the death of any such offender or offenders should or might have appertained if no such Attainder had been, to enter into the same. disinheriting of any CHAP. Preamble. CHAP. VI. AN ACT to Revive and continue an Act passed in the Fifty-fifth year of the Reign of King George the Third, entitled "An Act to Repeal an Act passed in the Fifty-fourth year of His Majesty's Reign, entitled · An Act to supply, in certain cases, the want of County Courts in this Province, and to make further provision for proceeding to Outlawry, in certain cases therein mentioned.” [Passed 13th February, 1833.] WHEREAS an Act was passed in the Fifty-fifth year of the Reign of King George the Third, entitled "An Act to Repeal an Act passed in the Fifty-fourth year of His Majesty's Reign, entitled 'An Act to supply, in certain cases, the want of County Courts in this Province, and to make further provision for proceeding to Outlawry in certain cases therein mentioned""; And whereas the said Act having been passed for a limited time, has been continued by several Acts, and has lately been suffered to expire, and it is expedient to Revive and Continue the same :-Be it therefore enacted, by the King's 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, entitled "An Act to repeal certain parts of an Act passed in the fourteenth year of His Majesty's Reign, entitled '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 55 Geo. 3d, Chap. 2, said Province,"" and by the authority of the same, That the said Act shall be, and the same is hereby Revived, and shall be and continue in force, any thing in the said Act, or in any other Act, to the contrary notwithstanding. continued. For six years. II. And be it further enacted by the authority aforesaid, That this Act shall be and continue in force for the space of Six years, and from thence to the end of the then next ensuing Session of Parliament, and no longer. CHAP. CHAP. VII. AN ACT to provide for the Apprehending of Fugitive Offenders from [Passed 13th February, 1833.] Justice persons who WHEREAS it is expedient to provide by Lew for the Apprehending and delivering up of Felons and other Malefactors, who having committed Preamble. Crimes in Foreign Countries have sought, or may hereafter seek, an asylum in this Province :-Be it therefore enacted, by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council any 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, entitled "An Act to repeal certain parts of an Act passed in the fourteenth year of His Majesty's Reign, entitled '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 the Governor, Lieutenant Governor, or Person Administering the Government of this Province, shall have power, and he is hereby au- Government authothorized at his discretion, and by and with the advice of the Executive rized to deliver up to Council, on requisition being made by the Government of any Country, may have fled from or its Ministers or Officers, authorized to make the same, within the other countries into jurisdiction of which Country the crimes hereinafter mentioned shall be charged with heinous charged to have been committed, to deliver up to Justice any person who may have fled to this Province, or who shall seek refuge therein, being charged with Murder, Forgery, Larceny or other crime, committed without the jurisdiction of this Province, which crimes if committed within this Province would by the Laws thereof be punishable by death, corporal punishment, by Pillory, or Whipping, or by confinement at hard labour, to the end that such person may be transported out of this Province to the place where such crime shall have been charged to have been committed; Provided always, that this shall only be done upon such evidence of criminality as, according to the Laws of this Province, would, in the opinion of the Governor, Lieutenant Governor, or Person Administering the Government, and of the Executive Council, warrant the apprehension and commitment for trial of such fugitive from Justice, or person so charged, if the offence had been committed within this Province. II. And be it further enacted by the authority aforesaid, That for preventing the escape of any person so charged, before any order for his this Province, offences. offences committed in Foreign Countries, may be committed until an application can be made to the Government for de livering up such ofender. Persons charged with apprehension can be obtained from the Governor, Lieutenant Governor, or Person Administering the Government of this Province, it shall be lawful for any Judge, or for any Justice of the Peace in this Province, acting within his jurisdiction, to issue his Warrant for the apprehension, and for the commitment of any such person charged as aforesaid, in order that he may be detained in secure custody until application can be made to the Governor, Lieutenant Governor, or Person Administering the Government, under the provisions of this Act, and until an order can be made thereon; which Warrant shall nevertheless only be granted upon such evidence on oath as shall satisfy such Judge or Justice that the person accused stands charged with some crime of the description hereinbefore specified, or that there is good ground to suspect him to have been guilty thereof. the Provisions of to make it incumbent charged as aforesaid, III. And be it further enacted by the authority aforesaid, That nothing This Act not to affect. in this Act contained shall be construed to affect the provisions of a certain 37 Geo. 3, ch. 15, or Act of the Parliament of this Province, passed in the thirty-seventh year on the Government to of the Reign of King George the Third, entitled "An Act to authorize deliver up persons the apprehending of Felons and others escaping from any of His Majesty's or to prevent their Provinces, and Governments in North America into this Province," or to make it incumbent upon the Governor and Council of this Province to deliver up any person charged, if for any reason they shall deem it inexpedient so to do, or to prevent the discharge of any person upon Habeas Corpus who, having been committed under this Act, shall be detained in custody beyond the time that may be reasonably required under the circumstances of the case, for carrying the provisions of this Act into effect. discharge on a Habeas Corpus, if too long detained in custody. Preamble. CHAP. VIII. AN ACT to Facilitate legal Remedies against Corporations. [Passed 13th February, 1833.] WHEREAS it is expedient to facilitate legal proceedings against Corporations:-Be it therefore enacted, by the King's 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, entitled "An Act to repeal certain parts of an |