B CHAP. XIII. An Act for the better Regulating the PRACTICE of the LAW. [3d July, 1797.] Preamble. E 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 from and after the passing of this Act, it shall and may be lawful for the persons now admitted to Practice in the Law, and practising at the Bar of any of His Majesty's Courts of this Province, to society. 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. Present practitioners incorporated into a law The Society to form 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 rules 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, and be considered to be two) as Governors or Benchers of the said Society, and also to appoint a Librarian and a Treasurer. Place and time for the first meeting for a III. And be it further enacted, That it shall and may be lawful for the said Practitioners, or as many as can be called together, (whereof His Majesty's dopting rules. 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 necessary 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 provided, and having received the probation of the said Judges as visitors as aforesaid, shall be, and be considered to be the constitution of the said Society, and binding upon all its members. Provided always, That it shall and may be lawful in time to come, to add such other rules and regulatians, with the approbation of the Judges as aforesaid, as may then and there be necessary. ap Present practitioners 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 may take oue pupil. take one (a) pupil or Clerk for the purpose of instructing him in the know ledge of the Laws, any Law or Ordinance to the contrary notwithstar ding. (a) See 47 Geo. III. c 5. None bnt members tise, except, &c. V. And be it further enacted, That no person other than the present Prac of the society to prec- titioners, and those hereafter mentioned, shall be permitted to practise at the Bar of any of His Majesty's Courts in this Province, unless such person shall have been previously entered of, and admitted into the said Society as a Student of the Laws, and shall have been standing in the Books of the said Society, for and during the space of five years, and shall have conformed himself to the rules and regulations of the said Society, and shall have been duly called, and admitted to the Practice of the Law as a Barrister, according to the constitutions and establishment thereof. Provided always, That it shall and may be lawful for 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 sufficient evidence thereof, and also on producing testimonials of good character and conduct to the satisfaction of the Judges of the King's Bench, to be admitted to Practice in this Province, so as such person shall within one month from such admission, 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, or may have been articled as a Clerk before the passing of this Act, with any person Practising at the Bar in any of the Courts of this Province, authorised 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. Provision in favor of clerks articled before The passing of this Act. Further provision. No person but of fuli VI. And be it further enacted by the authority aforesaid, 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, for 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. VII. Provided nevertheless, and be it further enacted, That no person shall age admitted to 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 repealed. 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. CHA P. XIV, CHA P. XIV. An Act to obviate the Objections that might arise from a CLERICAL ERROR in some of [3d July, 1797.], THEREAS it appears that a Clerical Error hath crept into a few of the Preamble. in certain deeds of grant Deeds given by our Sovereign Lord the King to some of His Subjects, by the insertion of the word " Clergyman" instead of the word "Clergy" in 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 obviate; 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, 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 wherever the word "Clergyman" shall or may occur in [The word clergy shall any one of His Majesty's Letters Patent, the same shall be read, taken and be intended to be meant understood to be, mean and signify "Clergy" and shall have to all intents by the word clergyman and purposes the same force and effect, tendency and operation towards establishing, 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, 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 effectual in securing to the subject the lands thereby granted, and to His 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. ). Such deeds to be va lid in securing the rights of the crown, of subject respectively. the clergy, and of the CHAP. XV. An Act to authorize the APPREHENDING of FELONS, and others, Escaping from any of [ 3d July, 1797. ] W committed crimes in some of His Majesty's Provinces and Gover HEREAS it may happen that Felons, and other malefactors, having 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 remedy thereof, 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, 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 authori ty of the same, That from and after the passing of this Act, if any person or persons against whom a warrant shall be issued by the Chief Justice of the King's Bench, or any other Magistrate having competent authority in any of His Majesty's Provinces or Governments in North America, respectively, for any felony or other crime of a high nature, shall escape, come into, reside, or be in any part of this Province, it shall and may be lawful for Justice of the Peace of the District, County, City or Place where such person or persons shall escape, come into, reside or be, to indorse, his name on the said warrant (due proof being first made of the hand writing of the Magistrate is suing 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 Constables of the District, County, City or Place where such warrant shall be so indorsed, to execute the same, by apprehending the person or persons against whom such warrant is granted, and to convey him, her or them into the Province from which such warrant originally was issued, to be dealt with according to law." any II. Provided nevertheless, and be it further enacted by the authority aforesaid, That before any such warrant shall be so indorsed as aforesaid, the person applying for such indorsement shall enter into a recognizance with sufficient sureties for a sum not less than fifty pounds, lawful money of this Province, 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 made is hereby authorized to take such recognizance. . CHA P. XVI. 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. ] CHAP. XVII. Au Act for the better DIVISION of the COUNTY of PRINCE EDWARD into Townships. WHER [ 3d July, 1797. ] Preamble, The southernmost Sophiasburg to be form parts of Marysburg and ed into a distinct to wu HEREAS, the inhabitants of the Townships of Marysburgh and Sophiasburg, in the County of Prince Edward, experience many diffi 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 from the southernmost parts of the Townships of Marysburg and Sophiasburg, in form following:-To commence in Marysburg in the limit between the lots numbers eleven and twelve, south side of the Bay of Quinty, to the eastwardship. of a small bay which leads to the Carrying Place, to the East Lake; then 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 second concessions, passing lot number thirty-two to a small creek which empties itself into the East Lake; then south thirty-two degrees east to Lake Ontario; then westerly along the shore of the said Lake to the mouth of the West Lake 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; then 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 cast to the north east angle of a lot, numbered thirty-nine, in the third concession; then south thirty one and one half 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 ; of. Boundary lines there |