Banishment substituted for transportatium. Provisions in case of return from banish ment or being found at lage in the Province before the period is ex pired. Not to restrain the power of His Majesty To pardon. V. And whereas so much of the said Criminal Law of England, as relates to the transportation of certain offenders to places beyond the seas, is either inapplicable to this Province, or cannot be carried into execution without great and manifest inconvenience, Be it enacted by the authority aforesaid, That when any person shall be convicted of any crime, for which he or she shall be liable by law, to be transported, the Court before which such person shall be so convicted, or any Court holden for the same place, with the like authority, instead of the sentence of transportation, shall order and adjudge, that such person be banished from this Province, for and during the same number of years, or term for which he, or she would be liable by law to be transported, and do remove him, or herself therefrom within a space of time. to be then fixed and declared by the Court, and which shall, in no instance be less than two days nor more than eight, including the day on which such sentence of banishment shall be passed. VI. And be it further enacted by the authority aforesaid, That if any person on whom such sentence of banishment shall have been passed as aforesaid, or to whom His Majesty, His Heirs or Successors, shall hereafter be graciously pleased to extend the Royal Mercy upon condition of his, or her, leaving the Province for any term of years, or for life, shall be found at large in any part thereof without some lawful cause, after the time within which he, or she, shall have been so banished, or shall have so consented to leave the Province, and before the expiration of the term for which he, or she, shall have been so banished, or shall have so consented to leave the same, every such offender being thereof lawfully convicted, shall suffer death as in cases of felony, without benefit of Clergy; and such offender may be tried either before Justices of Assize, Oyer and Terminer or Gaol Delivery, for the District, County, or place where such offender shall be apprehended and taken, or where he, or she, may have received such sentence of banishment; and the Clerk of the Crown, Clerk of the Peace or other officer, having the custody of the records where such sentence of banishment shall have been pronounced, or the Register of the Province in the case of such conditional pardon as shall at the request of any person on His Majesty's behalf, and without fee or reward, make out and give a certificate in writing, signed by him the said Clerk of the Crown, Clerk of the Peace or other officer, or by the said Register, respectively, containing the effect and substance, omitting the formal part of every indictment and conviction of such offender, and of the sentence of banishment, or of such conditional pardon respectively, to the Justices of Assize, Oyer and Terminer and Gaol Delivery, where such offender shall be indicted, which certificate shall be sufficient proof of such conviction and sentence of banishment, or of such conditional pardon respectively. VII. Provided nevertheless, That nothing herein contained shall be construed in any manner to restrain, or prevent His Majesty, His Heirs or Suc(See 34th Geo. HI. Cessors, to grant an absolute and unconditional pardon to such offender, and to allow of his, or her return to this Province. 2) " CHA P. II. An Act for the more equal REPRESENTATION of the COMMONS of this Province in [4th July, 1800.] OR the better Representation of the Commons of this Province in Parliament, 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 from and after the end of the present Parliament, the Representation of the Commons of this Province in the House of Assembly, shall be in manner and form following, that is to say: The Counties of Glengary and Prescott, shall be together Represented by two (a) Members. The Counties of Stormont and Russel, shall be together Represented by one Member. Representation. (a) The numbers in Italics repealed by 48th The Counties of Dundas, Grenville, Leeds, Frontenac, and Prince Ed- Geo. e 11. 1. ward, be each Represented by one Member. The incorporated Counties of Lenox and Addington, be together Represented by one Member. The Counties of Hastings and Northumberland, be together Represented by one Member. The County of Durham, the East Riding of the County of York, and the County of Simcoe, be together Represented by one Member. The West Riding of the County of York, the first Riding of the County of Lincoln, and the County of Haldimand, be together Represented by two Members. The second, third and fourth Ridings of the County of Lincoln, be together Represented by two Members. The Counties of Oxford, Middlesex, and Norfolk, shall together be Represented by one Member. The County of Kent, shall be Represented by one Member. The County of Essex, shall be Represented by two Members. Qualification of Elec tors. II. And be it further enacted by the authority aforesaid, That no person shall be considered as qualified to vote, or shall vote at the ensuing Election for a Member to Represent the Commons of this Province in Provincial Parliament, who shall have sworn allegiance to any Foreign State; or have been a 'stated resident in the Dominions of the same, unless such person shall have been previously and bona fide resident in this Province, or in some other of the Dominions of His Majesty, for, and during the term of four years then next preceding, and shall have taken the oath of allegiance to Ilis Majesty; and that on any future Election, no such person or persons shall vote as aforesaid, until he or they shall have been previously and bona fide resident in this Province or in some other of His Majesty's Dominions, for and during the term of seven years next preceding, and shall have taken the oath of allegiance to His Majesty. Manner of convic tion when offender re sides in the District. CHA P. IV. An Act for the summary Conviction of Persons selling SPIRITUOUS LIQUOR by Retail [ 4th July, 1800. ] OR the summary conviction of persons selling Spirituous Liquor by Retail without Licence, 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 if any person or persons shall, directly or indirectly, sell any wine, brandy, rum or other spiritu ous liquor by retail, without Licence for that purpose previously obtained, such person or persons having, if resident in the District in which the offence shall have been committed, been summoned to appear before any three or more of His Majesty's Justices of the Peace, who are hereby authorized and empowered to hear and determine the matter, and being lawfully convicted thereof, by the oath of one credible witness, shall forfeit and pay the sum of Twenty Pounds of lawful money of this Province, to be levied with costs of suit, by distress and sale of the goods and chattels of such offender or offenders, one half of which penalty shall be paid to the person or persons informing, and the other half into the hands of His Majesty's Receiver General, to and for the public uses of this Province; and in default of the said offender or offenders having goods and chattels, from which the said penalty may be raised, it shall and may be lawful for the said Justices to conimit him, her or them to the gaol of the District in which the offence shall have been committed, for and during the space of three calendar months.. Manner of conviction when offender the District. II. And be it further enacted by the authority aforesaid, That if any such offender or offenders, be not usually resident within the District in which the does not reside withia offence shall have been committed, it shall and may be lawful to and for any one of His Majesty's Justices of the Peace, in and for the District in which the offence shall have been committed, upon information upon oath made before him, to issue his warrant for apprehending such offender or offenders, and to oblige him, her, or them to enter into recognizances with one or more sufficient sureties for his, her, or their appearance at such time and place as shall be appointed for the hearing of the said complaint, or in default thereof, to commit him, her, or them for safe custody to the common gaol of the District, until the said complaint shall have been finally heard and determined. No shop-keeper to III. And be it further enacted by the authority aforesaid, That from and after the fifth day of April now next ensuing, it shall not be lawful to or for any sell less than one quart shopkeeper licenced to sell wine, brandy, rum and other spirituous liquors of wine, brandy, &n by retail, to sell or vend the same, in any less quantity, or by any smaller measure than one quart; and if any shopkeeper or shopkeepers shall, from and after the said fifth day of April, sell or vend any wine, brandy, rum, or other spirituous liquors, in less quantity, or by smaller measure than one quart, he, she, or they shall, for such offence, forfeit and pay the sum of Twenty Pounds, to be levied in manner and form herein before mentioned, and the monies arising therefrom, shall be divided and applied in like manmer and to the same uses as herein before is directed. IV. Provided also, and be it further enacted by the authority aforesaid, That no information or complaint, shall be received under this Act, if more than six calendar months have elapsed since the time of the offence committed. Limitation of prose cution. (See 34th Geo. III. € 12.-41st c 8. $2. CHA P. V. An Act to Revive and Continue an Act intituled " An Act to provide for the appointment of RE- [ 4th July, 1800.] (33d Geo. II. c 12. III. c 5.) HEREAS an Act passed in the thirty third year of His Majesty's continued iny 48th Geo. Reign, intituled, "An Act to provide for the appointment of Returning Officers for the several Counties within this Province," was limited to be and continue in force for, and during the space of seven years; and whereas the time limited in the said Act is now expired, and it being necessary that the same should be revived and continued, 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, 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 said Act of the thirty-third year of His Majesty's Reign, and every part thereof, and every clause, matter and thing therein contained, are by the present Act revived and continued for and during the space of eight years, and no longer. Au Act for making a Temporary Provision for the Regulation of TRADE between this PROVINCE and the UNITED STATES of America, by Land or by Inland Navigation, [ Expired, 7th July, 1802. 1 STATUTES |