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Preamble.

Present prnctitioi n incorporated into :> la\» society.

The Society to form rules

CHAP. XIII.

An Act for the better Regulating the PRACTICE of the LAW .

[3d July, 1797.]

E it enacted by the King's Most Excellent Majesty, by and with the ad1 vice 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 milking 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 Irom and after the passing of this Act, it shall and may be lawful for the persons nowadmitted to Practice in the Law, and practicing at the liar of any of His Majesty's Courts ot this Province, to form themselves into a Society, to be called the Law Society of UpperCanada, as well for the establishing of order amongst themselves as for the purpose of securing to the Province and the profession a learned and honorable body, to assist their fellow subjects as occasion may require, and to support and maintain the constitution of the said Province.

II. And be it further enacted by the authority aforesaid, That the said Society shall, and is hereby .authorized to form a body of rules and regulations for its own government, under the inspection of the Judges of the Province for the time being, as visitors of the said Society, and to appoint the six senior members, or more, of the present Practitioners, and the six senior members or more, for the time being, in all times to come (whereof His Majesty's Attorney General, and Solicitor General, for the time being, shall be, aud be considered to be two) as Governors or Benchers of lite said Society, and also to appoint a Librarian and a Treasurer.

III. And be it further enacted, That it shall and maybe lawful for the said Practitioners, or as many as can be called together, (whereof His Majesty \i Attorney General and Solicitor General shall be two) to assemble at the town of Newark, in the county of Lincoln, on the seventeenth day of July next ensuing the passing of this Act, for the purpose of framing and adopting such rules and regulations as may be necessarv for the immediate establishment of the said Society and its future welfare ; and such rules and regulations as shall then and there be adopted, shall be openly read and entered in a Book to be for that purpose prov ided, and having received the approbation of the said Judges as visitors as aforesaid, shall be, and be considered to be the constitution of the said Society, and binding it|)on all its members. Provided always, That it shall and may be lawful in time to come, to add such other rules and regulalians, with the approbation of the Judges as aforesaid, as may then and there be necessary.

IV. And be it further enacted, That it shall and may be lawful to and for every person now practising at the Bar of any of His Majesty's Courts, to take one (a) pupil or Clerk for the purpose of instructing him in the knowledge of the Laws, any Law or Ordinance (o the contrary notwithstanding, (a) Sct47 Geo. ///.cs,

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Present piiKtilioner* may lake one pupil.

indent of ihe Lairs, and stucace of five years, and, and shall liave been

None bnt members V. And be it further enacted, That no person other than the present Praca of the society to prac. tise, except, &c.

titioners, and those hereafter mentioned, shall be permitted to practise at the Bar of any of Ilis Majesty's Courts in this Province, unless such person shall have been previously entered of, and admilied into the said Society as a Student of the Laws, and shall bave been standing in the Books of the said Society, for and during the space of five years, and shall bave contornied himself to the rules and regulations of the said Society, and shall liave been duly called, and admitted to the Practice of the Law as a Barrister, according to the constitutions and establisbment thereof. Provided always, 'That it shall and may be lausul sor any person having been duly admitted to Practice at the Bar of any of His Majesty's Courts in England, Scotland, or Ireland, or of any of His Majesty's Provinces in North America, on producing suflicient evidence thereof, and also on producing testimonials of good character and conduct to the satisfaction of the Judges of the King's Bench, 10 be admitted to Practice in this Province, so as such person shall within one month from such adinission, enter himself of the said Society, and conform to all the rules and regulations thereof, Provided also, That nothing herein

before contained shall affect, or be construed to affect any person who shall, Provision in favor of or mov

or may have been articled as a Clerk before the passing of this Act, with any the passing of this Act. person Practising at the Bar in any of the Courts of this Province, authoris

ed to take a Clerk or Clerks, and duly acting as a Clerk accordingly ; but the time which such person shall have spent as such Clerk, shall be considered and taken to be, pro tanto, as a standing in the Books of the said Society, and as a reasonable and lawful deduction of so much of the said term of five years, so that such person shall likewise conform to the rules and regulations of the said Society, in all matters and things thereunto appertaining.

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Farther provision.

VI. And be it further enacted by the authority aforesaill, That nothing in this Act contained, shall prevent any person, who hath been regularly articled with any person in this Province, duly authorised to take a Clerk, and shall have been standing in the Books of the Society aforesaid, fur and during the space of three years, from acting merely as an Attorney or Solicitor in any of His Majesty's Courts of Law or Equity in this Province.

No person but of suli VII. Provided nevertheless, and be it further enacted, That no person shall age admitted 10 prac. be admitted to practice in this Province, who shall not at the time of such

admission have attained the full age of twenty one years.

tise.

Ordinance of Quebec tepealed.

VIII. And be it further enacted by the authority aforesaid, That a certain Ordinance of the Province of Quebec, passed in the twenty fifth year of His Majesty's Reign, intituled, “ An Ordinance concerning Advocates, Attornies, Solicitors, and Notaries, and for the more easy collection of His Majesty's Revenues," as far as it may relate to Barristers, Advocates, Attornies or Solicitors, be, and the same is hereby repealed.

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Canada, passed parts on Act Quebecesaid Clergy mashall

CHÄ P: XIV.
An Act to obviate the Objections that might arise from a CLERICAL ERROR in some of
His Majesty's LETTERS P.ITENT of GRANT lately issued.

[30 July, 1797.)
W HEREAS it appears that a Clerical Error hath crept into a few of the

VV Deeds given by our Sovereign Lord the King to some of His Subjects, by the insertion of the word " Clergyvan" instead of the word “ Clergy” in

Preamble. that part of the Letters Patent that reserves a proportion of one seventh of the Crown Lands, for the Lands in each of the Deeds granted, which Error might lead to consequences that it is necessary to obviale; Be it therefore enacted by the King's Most Excellent Majesty, b.y 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 inaking 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 wherever the word "Clergy man” shall or may occur in

The word clergy shall any one of His Majesty's Letters Patent, the same shall be read, taken and beintended to be meant understood to be, mean and signify “ Clergy” and shall have to all intents by the word clergy man

15 in certain deeds of and purposes the same force and effect, tendency and operation towards es- grant tablishing, securing and confirming the rights of the Protestant Clergy of this Province, in such a quantity of the Lands of the Crown as shall and may amount to, and be in the proportion of one to seven of the lands in any such Deed granted, according to the form and effect of an Act passed in the Parliament of Great Britain, in the thirty-first year of His Majesty's Reign, 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,

Such deeds to be vå. and to make further provision for the Government of the said Province," and that every such Deed shall be to all intents and purposes as valid and rights of the crown, of

onditu : effectual in securing to the subject the lands thereby granted, and to His subject

the clergy, and of the Majesty all the rights, conditions, reservations, limitations and restrictions, and to the said Clergy the rights aforesaid, as if no such Clerical Error had crept into it, but as if such Deed had been perfected in the word “ Clergy," where the rights of the Church are intended to be secured, instead of the word “ Clergyman" wherever it occurs ; any Act, Ordinance or Law to the contrary in any wise notwithstanding.

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CHA P. XV.

CH A B. XV. An Act to authorize the APPREHENDING of FELONS, and others, Escaping from any of :: His Majesty's Provinces and Governments in North America, into this Province.

[ 3d July, 1797. ] W HEREAS it may happen that Felons, and other malefactors, having

VV committed crimes in some of His Majesty's Provinces and GovernPreamble. ments in North America, may escape into this Province, and their offences

thereby' remain unpunished, for want of provision by Law for apprehending such offenders in this Province, and transmitting them into the Province in which their offences were committed ; for reinedy' thereöf, Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Asseinbly 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 Aćt pässed in the fourteenth year of His Majesty's Reign, intituled, "An Act for making more efféctual provision for the Go vernment of the Province of Quebec in North America, and to make further provision for the Government of the said Province," and by the authori

ty of the same, That from and after the passing of this Act, if any person or Warrants issuing with persons against whom a warrant shall be issued by the Chief Justice of the governments in North King's Bench, or any other Magistrate having competent authority in any of America aminet felons His Majesty's Provinces or Governmeits in North America, respectively, for may be executed with any felony or other crime of a high nature, shall escape, come into, reside, in this Province, being or be in any part of this Province, it shall and may be lawful for any Justice dule endorsed.

of the Peace of the District, County, City, or Place where such person or persons shall escape, conie into, reside or be, to indorse, his name on the said warrant (dué proof being first made of the hand writing of the Magistrate is soing the same) which warrant so indorsed shall be a sufficient authority to all persons to whom such warrant was originally, directed, and also to all Con stables of the District, County, City or Place where such warrant shall be 30 indorsed, to execute the same, by apprehending the person or persons against whom 'such warrant is granted, and to conyey him, her or them into the Province from which such warrant originally was issued, to be dealt with according to law..

II. Provided nevertheless, and be it further enacted by the authority aforesaid, Security being previvusly given to indem. That before any such warrant shall be so indorsed as aforesaid, the person

di applying for such indorsement shall enter into a recognizance with sufficient io bring the offender sureties for a som not less than fifty pounds, lawful money of this Province, so apprebended to trial.

to indemnify this Province, and every part thereof, against any expence that may arise or accrue from the apprehension of such offender, and also to bring or cause the said offender to be brought to trial ; and the Magistrate to whom such application shall be inade is hereby authorized to take such re. cognizance.

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An Act for making temporary provision for the REGULATION of TRADE between this

PROVINCE and the UNITED STATES of AMERICA, by Land or by Inland Navigation.

[ Expired, 1st June, 1799. ]

| 0 H A P. XVII. 144ct for the better DIYISION of the COUNTY of PRINCE EDWARD Loto Townships.

[ 30 July, 1797. ] THEREAS, the inhabitants of the Townships of Marysburgh and So. W phiasburg, in the County of Prince Edward, experience many diff Preainble, culties from the uncommon length of the said Townships; Be it 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, 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 a Township shall be struck off froin The southernmost the southernmost parts of the Townships of Marysburg and Sophiasburg, in parts of Maryslıurg aud form following :-To commence in Marysburg in the limit between the lots ed into a distinct towunumbers eleven and twelve, south side of the Bay of Quinty, to the eastward slip. of a small bay which leads to the Carrying Place, to the East Lake ; ihen along the said limit, south ten degrees west, the depth of three concessions, more or less, until it intersects the limit between lots numbers twelve and thirteen in the second concession, north of Black River; and then along the limit between the said lots numbers twelve and thirteen, south thirty-two degrees east, to the rear of the first concession from Black River ; then south fifty-eight degrees west along the line between the first and secondi concessions, passing lot number thirty-two to a sinall creek which empties itself into the East Lake ; then south thirty-two degrees east to Lake Ontario ; then B Westerly along the shore of the said Lake to the mouth of the West Lake ; of. thence by the nearest line to the limit between lot number one in Ameliasburg, and lot number one in Sophiasburg ; then north twenty degrees west, the depth of two concessions ; ihen north seventy degrees east to the north east angle of lot number sixteen in the second concession, nearly ; then north fifty-eight and one half degrees east to the north east angle of a lot, numbered thirty-nine, in the third concession ; then suuth thirty one and one balf degrees east to the rear of the second concession ; then a small distance by the most direct line to the northernmost angle of lot number ten

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