And such determina But owner may, up such cases decided in the King's Bench on giving Bond, have Goods seized, may are hereby declared to be good, valid and effectual in the law, and final to all intents and purposes whatsoever, and not liable to any appeal, or to be removed by any writ or writs of certiorari; and the monies arising from such sales, shall be applied in such and the same manner as are directed with tion final; respect to monies arising from seizures, under the said recited Act of this Province, any law, statute, or provision to the contrary thereof in any wise notwithstanding. Provided nevertheless, That if any master, owner or commander shall be dissatisfied with the valuation put upon any goods, wares or merchandize so to be seized as last aforesaid, or shall be minded or desirous that the merits of such seizure shall be tried and determined in His Majesty's Court of King's Bench, and will, previous to the Magistrates proceeding thereon, enter into a Bond, with a sufficient surety, before the said Magistrate, in the penalty of sixty pounds, conditioned for the payment of all costs, charges and expences attending the condemnation of such goods, wares and merchandize last mentioned, in His Majesty's said Court of King's Bench, in case such condemnation shall in such last mentioned Court be pronounced; then the said Magistrates in Quarter Sessions assembled, shall not proceed to hear or decide on the legality of such seizure, but such seizure and the merits thereof shall be heard, determined and decided upon in His Majesty's said Court of King's Bench, in like manner and as other seizures above the value of twenty pounds are, by the said recited Act and this Act, directed to be determined. Provided also, That in all cases of seizure, where the value of the goods seized shall not exceed the value of fifty pounds, if the master, commander, or owner of the vessel, boat, raft, or other carriage, shall be minded or desirous that the goods, wares and merchandize seized, shall not be detained till the condemnation thereof, or the determination of the merits of the same, and shall so signify to the Collector or his deputy seizing the same, and shall tender to the said Collector or his deputy, a Bond, with sufficient sureties, in the penalty of one hundred pounds, conditioned for the payment of the value of such goods to the said Collector or his deputy; in case the same shall be condemned, then and in such case it shall and may be lawful to and for the said Collector or his deputy, to restore such goods, wares and merchandize, to the master, commander, or owner of the vessel containing the same, without waiting the determination of the merits of the said seizure, any thing herein contained to the contrary notwithstanding. Provided nevertheless, That in case any dispute shall arise respecting the value of any such goods, wares and merchandize as last mentioned, and the owner, how to be settled. master, or commander of the vessel containing the same, will produce before Magistrate, two indifferent and credible witnesses, who will upon oath declare, that according to the best of their judgment, they respectively believe that such goods, wares and merchandize, as last mentioned, are not of above the value of fifty pounds, such declaration shall be final and decisive as to such value; and if any such witness or witnesses shall, in deposing to the value of any such goods, wares and merchandize as last mentioned, wilfully or corruptly forswear him, her or themselves, he, she and they, and each of them, shall incur all the pains and penalties which by the Criminal Law of England are attached to wilful and currupt perjury. VII. And whereas it will be necessary and essential to the safety of vessels, boats, rafts and other craft passing from Lake Ontario into the river Niagara and in certain cases, be reupon security. delivered to the owner Disputes respecting the value of goods, Light Houses to be erected. and passing by the Isle called Isle Forest, and likewise into the Port of York, that there should be a Light House erected near to each of the said last mentioned places Be it therefore enacted by the authority aforesaid, That in order to provide for the expence of erecting and repairing such Light-Houses, it shall and may be lawful to and for the Collector or his Deputy, at the port to which any vessel, boat, raft or other craft shall arrive next after having passed the said Lake into the said River or the said Island, or which shall come into the port of York, and such Collector or his Deputy is hereby authorized and required to demand and receive of and from the master, commander or owner of each and every such vessel, boat, raft or other craft, the following rates, that is to say, for every vessel, boat, raft or other craft of the burthen of ten tons and upwards, the sum of three pence for every ton of which such vessel, boat, raft or other craft is of burthen, and which burthen is hereby required to be computed by such Collector or his deputy, and the monies by such tonnage rate accruing, when collected, the said Collector is hereby required to pay into the hands of His Majesty's Receiver General of this Province, at the same time he pays the other duties by him collected, and all which said sums of money so to be collected upon the said tonnage, (See 59th Geo. III. the Governor, Lieutenant Governor, or person administering the Government of this Province, is hereby authorized and empowered by and with the advice and consent of the Executive Council of the Province, to lay out and expend, or cause to be laid out and expended, in the erection and keeping in repair, and other incidental charges attending three Light-Houses, one to be erected and built upon the south-westernmost point of a certain island called Isle Forest, situate about three leagues from the Town of Kingston, in the Midland District; another upon Mississagua Point, at the entrance of the Niagara River, near to the Town of Niagara, and the other upon Gibraltar Masters, &c. to pay tonnage. 16.) Point. VIII. And be it further enacted by the authority aforesaid, That in order to ascertain whether any such vessel, boat, raft or other craft has passed the said Island, or the said Mississagua Point, or Gibraltar Point, each and every owner, commander or master of each and every vessel, boat, raft or other craft, who shall pass such Island or Points, or either of them, and arrive at the Ports of Kingston, Niagara or York, is hereby required to insert it in, or add it to the declaration by the said recited Act of this Province and this Act required to be made, that he has so passed the said Island, or Mississagua Point, or Gibraltar Point, and in case such owner, commander or master, shall refuse to pay the tonnage hereby intended to be imposed, the Collector of the said District or his Deputy, is hereby empowered and required to summon such owner, commander or master before any one of His Majesty's Justices of the Peace for the District, where the same shall happen, and such Magistrate is hereby empowered and authorised, in a summary way to hear and determine the complaint to be thereof made by the said Collector or his Deputy, and if the said Justice shall order payment to be made of the said tonnage according to the rates by this Act imposed, and the said owner, commander or master shall not forthwith pay the same to the said Collector or his Deputy, together with the costs and expences of the said proceeding before the said Justice, such Justice is hereby empowered and authorized to issue bis warrant to levy such tonnage and costs, by sale of of any part of the cargo contained in any such last mentioned vessel, boat, raft or other craft, or any of the tackle or apparel thereof, or of any other the goods and chattels of the party or parties complained against, restoring the surplus of such monies arising from such sale, if any such shall be, to such party or parties, after deducting the said tonnage and the said costs, and the charges and expences of sale. Provided nevertheless, That no such tonnage shall be payable for any vessel, boat, raft or other craft, which by stress or severity of weather, or other disasterous event, shall be compelled to return into the same harbour whence she last departed, without having perfected her intended voyage. And the said Justice is hereby authorised to charge, demand and take the following fees for hearing and determining the said complaint, and no more; for his summons, two shillings; for judgment, two shillings and six pence; warrant to distrain, five shillings; for the person serving the summons, two shillings; mileage for every mile, four pence; executing warrant of distress and return thereof, five shillings. How costs of any paid. IX. And be it further enacted by the authority aforesaid, That in case any proceedings shall, after the passing of this Act be had for the condemnation of any goods, wares or merchandize, or for or in respect of any thing done. or neglected to be done, contrary to the provisions of the said recited Act of this Province, or this Act, or of any Act or Acts of this Province now passed, or hereafter to be passed, respecting any Duties imposed, or to be imposed, upon goods, wares and merchandize coming into this Province from the said United States, that as well in cases where the goods seized shall be adjudged to be restored, or if condemned, shall be insufficient to pay the costs and expences of the proceedings had respecting the same, as in all other cases, where the proceedings by or against the Collectors or Deputies proceedings are to be shall be for or on account of any thing done, or omitted to be done, by such Collector or Deputy, it shall and may be lawful to and for the Governor, Lieutenant Governor, or Person administering the Government of this Province for the time being, and he is hereby empowered and authorised (if he shall see fit so to do) to discharge, satisfy and pay all such costs and expences out of any monies which shall be then in the hands of His Majesty's Receiver General of this Province, and which shall have arisen out of any Duties imposed, or to be imposed, on any goods, wares and merchandize coming from the said United States, and the said Receiver General is hereby required to pay and discharge all such warrant and warrants as shall for such purposes be issued by the said Governor, Lieutenant Governor, or Person administering the Government of this Province for the time being. Office of the Colleg tor for the port of Newcastle, to be within the harbour. X. And be it further enacted by the authority aforesaid, That the Governor, Lieutenant Governor or Person administering the Government of this Province for the time being, be, and he is hereby authorised to establish the office of the Collector of the District of Newcastle, in any place within the harbour of Newcastle, which he may judge more convenient than the town of Newcastle, until a Gaol and Court House be erected in the said Town, and no longer. Provided always, That nothing herein contained shall extend, or be construed to extend, to repeal or vary all or any of the provisions unless, &c. contained in the said recited Act of this Province, or any other Act of this Province, unless in so far as such provisions are and will be necessarily va P 2 ried Provisions of former Acts not to be varied, Bond. (See 56th Geo. III. c 8-59th c 16) ried by the provisions in this Act contained, in order to give due force and effect to this Act, and no further. Provided nevertheless, That nothing in any part of this Act contained, shall extend, or be construed to extend, to any ship or vessel, boat, raft, canoe or other craft or carriage, now belonging, or which may at any time hereafter belong to our Sovereign Lord the King, his Heirs or Successors; Any thing herein contained to the contrary notwithstanding. FORM OF THE BOND HEREIN MENTIONED: NOW ALL MEN BY THESE PRESENTS, That we A. B. C. D. and E. F. are held and firmly bound to our Sovereign Lord the King, his Heirs and Successors, in the sum of for which payment to be well and faithfully made, we bind ourselves, and each of us by himself, for the whole, our and each and every of our Heirs, Executors and Administrators firmly by these presents, sealed with our Seals, dated the day of in the year of His Majesty's Reign, and in the year of our Lord The condition of this obligation is such, that if the above bounden A. B. C. D. and E. F. or any or either of them, do and shall well and truly pay or cause to be paid to our said Sovereign Lord the King, his Heirs and Successors, the sum of on or before the day of Obligation to be void, or else to remain in full force. next, then this CHA P. III. Recital. Governor, &c. authorized to licence six persons to practice the profession of the Law. An Act to authorise the Governor, Lieutenant Governor or Person Administering the Government of this Province, to LICENCE PRACTITIONERS in the LAW. V [5th March, 1803.] THEREAS great inconvenience has arisen, and is now experienced by His Majesty's subjects in several parts of this Province, from a want of a sufficient number of persons duly authorized to practice the profession of the Law, and unless the number can be speedily increased, justice will in many places be with great difficulty administered; 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, it shall and may be lawful to and for the Governor, Lieutenant Governor, or Person administering the government of this Province, to authorize by Licence under his hand and seal, such and so many of His Majesty's liege subjects, not exceeding six in the whole, as he from their probity, education and condition in life shall deem fit and proper to practice the profession of the Law in this Province; and that upon pro ducing every such Licence to the Clerk of the Crown and Pleas in this Province, the name of such person so licenced shall be inscribed on the roll of Attornies of the Court of King's Bench, and each and every person whose name shall be so inscribed shall, after having been admitted a member of the Law Saciety in manner herein after mentioned, be authorized to practice the profession of the Law, as fully to all intents and purposes as any Barrister and Attorney now practices the same in this Province. II. Provided always nevertheless, That before any person shall apply to the Governor, Lieutenant Governor, or Person administering the Government of this Province, for such licence as aforesaid, such person shall apply to the Judges of His Majesty's Court of King's Bench, and shall procure from that Court a certificate, under the hand of the Chief Justice, or in his absence, of the senior Puisne Judge of the said Court, that such Court is satisfied of the ability and fitness of the party so applying to be admitted to practice as a Barrister and Attorney in this Province. III. Provided also, and be it further enacted That from and after the enrollment of any such person or persons under the authority of this Act, he shall offer himself to the Law Society of this Province, and shall offer to subscribe and conform to the existing rules and regulations of the said Society, and such Society is hereby required to admit him a member of the same. Fees to the Governor's Secretary & Clerk IV. And be it further enacted by the authority aforesaid, That it shall and may be lawful to and for the Secretary of the Governor, Lieutenant Gover- of the Crowu. nor, or Person administering the Government of this Province to demand and receive the sum of two pounds, on the delivery of each and every such licence as aforesaid, and for the said Clerk of the Crown and Pleas to demand and receive the sum of thirteen shillings and four pence, for inscribing the name of each and every person so licenced upon the said roll. CHA P. IV. An Act to declare the Rights of Certain GRANTEES of WASTE LANDS of the CROWN. their heirs [ 5th March, 1803.] W the Recital. |