Page images
PDF
EPUB

tions, matters and things in the said last recited Act contained, shall, under the same penalties as therein are contained in all cases, and in respect to all persons, extend and be extended to the District of Newcastle aforesaid.

he belonging and approastle. Provided neverurtelidate the jurisdic

III. Provided nevertheless, and be it further enacted by the authority aforesaid, That until such time as the said Gaot and Court House in and for the Dis

Who Didi . Provision until Gaol

and Court-bouse are trict of Newcastle aforesaid, shall have been erected and built, whether out erected. of the fund produced by the District assessments and rates, or otherwise, that it shall and may be lawful for the majority of His Majesty's Justices of the Peace, residing within the District of Newcastle, to appoint some place therein for the holding of the Courts of General and of Quarter Sessions of the Peace, and of all the other Courts, held at a place certain in the said other Districts of this Province...

IV. And whereas the said Counties of Northumberland and Durham, with the said other lands now constituting the District of Newcastle, did hereto-,

Jurisdictions, &c. of

on the Home District to fore belong to and constitute a part of the Home District of this Province, cease. were subject to the jurisdictions, powers and authorities of that District, Be it therefore further enacted by the authority aforesaid, That no jurisdiction, power or authority of what nature or kind soever to the said Home District at this time belonging and appertaining, shall extend or be construed to extend to the said District of Newcastle. Provided nevertheless, That nothing herein contained shall affect, change, or in any wise invalidate the jurisdictions, commissions, powers and authorities which heretofore were established, possessed and exercised in that part of the said Province, which before the erecting and constituting the said District of Newcastle, formed and constituted the Ilome District, and that all acts, matters and things which have been lawfully done under and by virtue of the said jurisdictions, commissions, powers and authorities within that District, so far as respects the validity of the authority under which the same have issued and are constituted, previous to the erecting and constituting of the said District of Newcastle as aforesaid, and all acts, matters and things which shall be lawfully done, under and by virtue of the same, in that part of the Province which now forms and consti. tutes the Hoine District, so far as respects the validity of the authority under which the same have issued and are constituted since the said District of Newcastle hath been so erected, and constituted, shall be held to be valid and good in Law to all intents and purposes whatsoever.

V. And be it further enacted by the authority aforesaid, That His Majesty's Justices of the Peace, and other persons bearing lawful authority, residing Present Magistrates, within the said District of Newcastle, shall hold, enjoy and exercise, the like

District 10 continue. authority, power and jurisdiction within that District, at the times and in the manner which they heretofore held, enjoyed and exercised within the House. District, before the erecting, constituting and declaring of the said District of Neli castle, or which is held, enjoyed and exercised, by His Majesty's Justices of the Peace and other persons bearing lawful authority in the otier Districts of this Province, provided that the authority, power and jurisdiction heretofore exercised by His Majesty's Justices of the Peace and other persons bearing lawful authority residing within the said District of Newcastle, shall not in any wise be exercised or continued within that part of this Pro. But not vince now constituting the Home District, but the same within that District authority out of its shall from henceforth cease and determine.

M 2

in this

VI.

Vl. And be it further enacted by the authority aforesaid, That the Assessments Application of Assess- and Rates levied, or to be levied for this current year of our Lord one thouments and Rates.

sand eight hundred and two, within the said District of Newcastle, shall be

applied and expended for the like purposes within that District as they now · (See 32d Geo. M. 084. 33d (3) are, or may be applied and expended under and by virtue of any Act or Acts

of Parliament made or to be made in the other Districts of this Province,

CH A P. III.

An Act to declare and ascertain the RATES which the RECEIVER GENERAL shall take

and retain to his OWN USE, ont of the Monies passing through his Hands, which are sub: ject to the disposition of the Parliament of this Province.

[ 7th July, 1802.] MOST GRACIOUS SOVEREIGN,

Preamble.

THEREAS doubts have arisen respecting the Rates, which by law the

Y Receiver General is allowed to take and retain to and for his own use and benefit, out of the monies at the disposition of the Parliament of this Province, passing through his hands ; And whereas it is expedient that such doubts should be removed, We therefore Your Majesty's dutiful and loyal Subjects the Commons of Upper-Canada, in Parliament assembled, do most huinbly beseech Your Majesty that it may be declared and enacted, and be it declared and 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 fourtecnth 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 out of all and every the sum and sums of money at the disposition of the Parliament of this Province, which at any time or times heretofore have been received, paid out and accounted for by His Majesty's Receiver General, or at any time or times hereafter shall or may be received, paid out and accounted for by His Majesty's said Receiver General for the time being, it shall and may be lawful to and for him the said Receiver General to take and retain to and for his own use, benefit and emolument, the following Rates and Allowances, that is to say, for every hundred pounds of such monies as aforesaid, collected within this Province, and by him the said Receiver General received, paid out and accounted for as aforesaid, three pounds, and so in proportion for any greater or lesser sum or sums of such monies, and no more; and for every hundred pounds of such monies as aforesaid, answered by and issuing out of the Province of LowerCanada, in lieu of, and as a compensation for such drawbacks as this Province is entitled to claim and have for certain duties imposed by certain Acts

Poundege to the Receiver General.

of the Parliament of that Province upon goods, wares and merchandizes coming into this Province, three pounds and ten shillings, and so in proportion for any greater or lesser sum or sums of such monies as aforesaid, and no more.

additional

II. Provided always, and be it further declared and enacted by the authority aforesaid, That nothing herein contained shall extend or be construed to ex- The Recover Ge: tend to enable the said Receiver General under any other appellation, title, nerad pretence or colour whatsoever, to take or retain to his own use, benefit or emolument, any additional or other rate or rates, allowance or allowances, out of the monies and for the services herein before mentioned, other than such as herein before are specified, mentioned and contained, any law, usage or custom to the contrary in any wise notwithstanding.

CH A P. IV.

[ocr errors]

An Act to enable the Governor, Lieutenant Governor, or Person administering the Govern
ment of this Province, to appoint one or more additional PORT or PORTS, PLACE or
PLACES of ENTRY within this Province, and to appoint one or more COLLECTOR of
CULLECTORS at the same respectively.

[7th July, 1802.]
W HEREAS it is expedient that further provision be made for the better

W collecting and for prevention of the evading of the payment of cer- Preamble. tain duties imposed on goods and merchandize brought into this Province from the United States of America, under and by virtue of a certain Act of (see 4 Parliament passed in the forty-first year of His Majesty's Reign, intituled, "An Act for granting to His Majesty, His Heirs and Successors, to and for the uses of this Province, the like duties on goods and merchandize brought into this Province from the United States of America, as are now paid on goods and merchandize imported from Great Britain and other places ;” 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 Parlianient 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," Governor, &c. In Coun

cil to declare addition. and by the authority of the same, That it shall and may be lawful for the al Ports of En Governor, Lieutenant Governor, or Person administering the Government of the said Province, by and with the advice and consent of the Executive Council thereof, from time to time as occasion shall require, and as to him shall seem meet, to declare and appoint by Proclamation or otherwise, one or more additional Port or Ports of Entry and Clearance, Place or Places (other than Ports) of Entry and Clearance for all goods and merchandize not being entirely prohibited, and for the payment of all duties liable to be paid

on

the advice enacted by the Kid from Great Britain air as are now paid on

on all goods and merchandize brought into this Province from the United States of America, imposed and established by virtue of the above mentioned Act of Parliament, passed in the forty-first year of His Majesty's Reign, and according to the directions of the same, and that it shall and may be lawful for the Governor, Lieutenant Governor, or Person administeriog the Government of this Province, under his hand and seal at arms, to nominate

and appoint one or more Collector or Collectors at the said additional Ports Governor, &c; to ap. of Entry and Clearance, and at the Place or Places (other than ports) of Enpoint Collectors.

try and Clearance, in like manner as he is now by law authorised to nominate and'appoint one or more Collector or Collectors at the respective Ports of Entry and Clearance particularly specified in the said last mentioned Act.

ed to have

II. And be it further enacted by the authority aforesaid, That all and every Coilectors so ap- the powers, directions, rules, emoluments, clauses, matters and things which

the in and by the said Act passed in the forty-first year of His Majesty's Reign, same powers, &c. as other Collectors. were enacted, provided and established, respecting the Collector or Collec.

tors at the respective Ports of Entry and Clearance therein mentioned, eball be, and are hereby extended to such Collector or Collectors as shall be nominated and appointed in manner as aforesaid by the Governor, Lieutenant Governor, or Person administering the Government of this Province, at the said additional Port or Ports of Entry and Clearance, or Place or Places, other than Ports of Entry and Clearance, under and by virtue of this Act.

III. And be it further enacted by the authority aforesaid, That this Act shall Revired and continued by 47th c 4. . 561h 8.) be and continue to be in force for three years, and no longer.

CHA P. V.

£834 : 0 : 8. granted An Act for applying a Certain SUM of MONEY therein mentioned, to make good certain

Monies issued and advanced by His Majesty through the Lieutenant Governor, in purseExpences of the precede 1718 Session.

ance of two several Addresses of the Commons House of Assembly.

[Temporary.]

STATUTES

STATUTES'. "":

OF V,

UPPER -CANADA,

PASSED IN THE FOURTH SESSION OF THE THIRD PROVINCIAL

PARLIAMENT,

MET AT YORK, ON THE TWENTT-FOUTH DAY OF JANUARY, AND PROROGUED ON THE FIFTH*.
DAY OF MARCH FOLLOWING, IN THE FORTY-THIRD YEAR
OF THE REIGN OF GEORGE I1L

PETER HUNTER, Esquire, Lieutenant Governor:

ANNO DOMINI 1803.

CHAP. I.

An Act to allow Time for the Sale of LANDS and TENEMENTS by the Sheriff.

[5th March, 1803.]

WHEREAS it is expedient, in the present circumstances of this Province, that some time should elapse, after the issuing of Process of Execution against Lands and Tenements, before'the Sheriff proceeds to expose the same to sale; 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 this present Session of Parliament, Goods and Chattels, Lands and Tenements, shall not be included in the same writ of Execution, nor shall

N 2 any

i

« PreviousContinue »