in the second concession; then along the limit between the lots numbers ten and eleven south sixty one degrees east to the small bay first mentioned, then following the shores of the said bay and the Bay of Quinty, according to its different windings and courses to the place of beginning, which townRegulations and pri- ship shall be under the same regulations and entitled to the same privileges as any other township in this Province. vileges. By whom the name II. And be it further enacted by the authority aforesaid, That it shall and may of such township shall be lawful for the Lieutenant Governor, or Person Administering the Government of this Province, on or before the first day of August next, by a Proclamation to declare the name of such township. be declared. Such alteration in no wise to affect any existing commission legal proceeding, or grant of and. III. Provided always, and it is hereby further enacted, That such alteration of the said Townships 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 said townships, or any of them, or to make void or otherwise affect any grant of land, or other legal proceeding within the limits of the said townships, any law or usage to the contrary notwithstanding. THE OF UPPER-CANADA, PASSED IN THE THIRD SESSION OF THE SECOND PROVINCIAL PARLIAMENT, MET AT YORK, ON THE FIFTH DAY OF JUNE, AND PROROGUED ON THE FIFTH OF THE REIGN OF GEORGE IIL THE HONORABLE PETER RUSSELL, ESQUIRE, PRESIDENT ANNO DOMINI 1798. CHA P. I. An Act to ascertain and establish on a permanent footing, the BOUNDARY LINES of the dif ferent TOWNSHIPS of this Province. [ 5th July, 1797.] WHEREAS it is expedient and necessary, to ascertain and establish Recital. upon some permanent principle, the Boundary Lines of the different Townships within this Province, and distinctly to preserve them when so ascertained and established, 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 Govern- placed at the corners, ment of the said Province," and by the authority of the same, That stone of each township monuments, or monuments of other durable materials, shall be placed at the several corners, governing points, or off-sets of every Township that hath been surveyed, or may hereafter be surveyed; and also, at each end of the B2 several &c. Monuments to be and concession. Lines therefrom to be the permanent bounda ship and concession. ry lines of such town spection and order of several concession lines of such Townships; And that lines from the monuments so erected, or to be erected, be taken and considered as the perma-nent Boundary Lines of such Townships and Concessions respectively. To be under the in- II. And be it further enacted by the authority aforesaid, That the monuments the Surveyor General. above directed to be placed as aforementioned, shall be placed under the inspection and order of the Surveyor General of this Province. Effect of such boundary lines. Capital felony know. ingly or wilfully to pull down, &c. such monu ments. How the Surveyor III. And be it further enacted by the authority aforesaid, That the courses and distances of the said Boundary Lines so ascertained and established, shall on all occasions be, and be taken to be, the true courses and distances of the Boundary Lines of the said Townships and Concessions, whether the same do, or do not, on actual measurement, coincide with the courses and distances in any letters patent of grant, or other instrument in respect of such Boundary Lines mentioned and expressed. IV. And be it further enacted by the authority aforesaid, That if any person or persons shall knowingly and wilfully pull down, deface, alter, or remove any such monument so erected as aforesaid, he, she, or they, shall be adjudged guilty of felony, and shall suffer death without benefit of clergy. V. And be it further enacted by the authority aforesaid, That it shall not be General shall proceed. necessary for the Surveyor General to proceed to carry the provisions of this Act into execution, until an application for that purpose shall have been made to the Governor, Lieutenant Governor or Person administering the Government, by the Magistrates of any District or County, not being part of a District, in Quarter Sessions assembled, signifying that the erecting of such monuments, and ascertaining such boundaries as aforesaid, is necessary and expedient, for some particular Township or Townships, within such District or County. Application to be VI. And be it further enacted by the authority aforesaid, That when, and se made to the Justices. often, as application shall be made to the Justices of the Peace, in and for any frayed. District, in Quarter Sessions assembled, by thirty free-holders of any Township within such District, to have monuments erected conformably to the intention of this Act, it shall and may be lawful for the said Justices, and they are hereby authorised and required to form an estimate of the sum of money which, in their judgment and discretion, shall seem requisite to deExpence how de fray the charges of erecting such monument, and to lay an equal assessment (proportionable thereto) upon each and every acre of land within such Township; which assessment they shall cause to be raised and collected by a warrant under the hands and seals of any two or more of them, directed to the Collectors of such Township, and requiring them to raise and collect the said assessment, in such manner and by such means as in other such cases by law directed and required, and to pay the same when so collected, into the hands of the Treasurer of the District, to answer the charges to be incurred by erecting such monuments. Provision with res VII. And be it further enacted by the authority aforesaid, That when any pect to persons liable, person liable to pay his proportion and rate of such assessment, shall be absent from the Township, and shall not have taken means to answer the same who are not resident in The Township. to 3. IN THE 38th YEAR OF GEORGE III. A. D. 1798. to the said Collector within one year, from and after the date of the warrant for collecting the same, the land of such absentee shall be held liable and answerable for the payment of such rate, with the lawful interest arising thereon; and when the same shall amount to twenty shillings, or upwards, upon each lot of one hundred acres of land, and so in proportion, for any number of acres, more or less, it shall and may be lawful for the Treasurer of the District in which such lands shall lie and be situate, and he is hereby required to give notice of the same for six months in the Upper Canada Gazette, and if after the expiration of that time, the same shall not be paid, it shall and may be lawful for him to sell so much thereof, after publicly advertising the same, as may be necessary to satisfy the said arrears, and the necessary expences incurred by the proceedings, and to receive the monies arising from such sale, to and for the use of the Township. CHA P. II. An Act to repeal an Ordinance passed in the twenty-fifth year of the Reign of His present Majesty, intituled, “ An Ordinance concerning ADVOCATES, ATTORNIES, SOLICITORS and NOTARIES, and for the more easy Collection of His Majesty's REVENUES, as far as the same relates to Notaries." W" [5th July, 1798.] (See 69th Geo. III € 14.) Ordinances so far as relates to Notaries 1 THEREAS the provisions of an Ordinance passed in the twenty-fifth year of the reign of His present Majesty, intituled, " An Ordinance Concerning Advocates, Attornies, Solicitors and Notaries, and for the more easy collection of His Majesty's Revenues," have been so far as the same Telates to Notaries, found inconvenient and inapplicable to this Province, 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 pealed. 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 the same shall be, and hereby is, so far as it relates to Notaries, repealed. CHA P. III. An Act to repeal part of an Act passed in the thirty-seventh year of the Reign of His Majes ty, intituled, " An Act to extend the Jurisdiction and regulate the Procee lings of the DISTRICT COURT and COURT of REQUESTS," and to make further provision for the same. [ 5th July, 1798. ] 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 (Sce 87 Gea. Ill. c.6) Act taking away mi lage for serving process out of District Court repealed. Fees. 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 so much of an Act passed in the thirty-seventh year of the Reign of His Majesty, intituled, "An Act to extend the Jurisdiction and regulate the Proceedings of the District Court, and Court of Requests," as enacts that no milage be allowed for the service of the declaration or summons in the District Court, or Court of Requests, be repealed. II And be it further enacted by the authority aforesaid, That it shall and may be lawful to and for the Clerk of the said District Court, to demand and (See 34 Geo. III. c3. receive the sum of two shillings and six pence, for each subpoena, and the sum of five shillings for each writ of execution. 51 c 6) (See 33 Geo. III. c 5. 59, c 15.) Preamble. The four following Acts passed the Legislative Council and House of Assembly in the thirty-eighth year of George the Third, but the Royal Assent was reserved for the signification of His Majesty's pleasure. CHA P. IV. An Act to extend the provisions of an Act passed in the Second Session of the First Provin [The Royal Assent to this Act, was promulgated by Proclamation, bearing date the twenty ninth day of December, in the year of our Lord One thousand seven hundred and ninty eight, and thirty ninth of His Majesty's Reign.] WHE 7HEREAS it hath been found expedient to extend the provisions of a certain Act passed in the thirty-third year of His Majesty's Reign, intituled, "An Act to confirm and make valid Certain Marriages heretofore contracted in the Country now comprised within the Province of Upper Canada, and to provide for the future Solemnization of Marriage within 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, 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 |