of the Township or Townships in which the Lands so claimed do lie, and affix the said list on some conspicuous part of the Court-House, or place where the Courts are usually held at each General Quarter Sessions.

Act.

Continuance of this

(See 52d Geo. III.

VII. And be it further enacted by the authority aforesaid, That this Act shall 956th & 21.) be and it is hereby declared to be in force for and during the term of four years and no longer.

CHA P. XI.

An Act for the better REPRESENTATION of the COMMONS of this Province in Parliament, and to repeal part of an Act passed in the fortieth year of His Majesty's Reign, intituled, "An Act for the more equal Representation of the COMMONS of this Province, and for the better defining the qualification of ELECTORS."

[Passed 16th March, 1808. ] THEREAS, it is necessary to encrease the 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 so much of an Act passed in the fortieth year of His Majesty's Reign, intituled, "An Act for the more equal Representation of the Commons of this Province in Parliament, and for the better defining the qualification of Electors," as relates to the number of Members to represent the Commons of this Province in the House of Assembly, shall be repealed, and the same is hereby repealed accordingly.

40th Geo. III. c 3.

Preamble.

Part of the 40th of Geo. III. c 3, repealed.

Representation of the Commons in the House

Province.

II. And be it further enacted by the authority aforesaid, That from and after the end of the present Parliament, the Representation of the Commons of of Assembly of this this Province in the House of Assembly, shall be in manner following, that is to say, That the County of Prescot shall be represented by one Member; that the County of Glengary shall be represented by two Members; that the Counties of Stormont and Russell shall be represented by one Member; that the Counties of Dundas, Grenville, Leeds, Frontenac and Prince Edward, except the Township of Ameliasburgh, be each represented by one Member; that the incorporated Counties of Lenox and Addington, be together represented by two Members; that the County of Hastings, and the Township of Ameliasburgh, in the County of Prince Edward, be represented by one Member; that the Counties of Northumberland and Durham, shall together be represented by one Member; the

East

East Riding of the County of York, and the County of Simcoe by one Member; that the West Riding of the County of York shall be represented by one Member; that the first Riding of the County of Lincoln and the County of Haldimand, shall be represented by two Members, in manner following, viz: the Townships of Saltfleet, Ancaster, Barton, Glanford and Binbrook, with so much of the County of Haldimand as lies between Dundas Street and the Onondaga Village, (commonly called Bearsfoot) on the River Ouse, by one Member; and the Townships of Grimsby, Clinton, Gainsborough and Caistor, with so much of the County of Haldimand as lies between the Onondaga Village aforesaid, and the mouth of the River Ouse, by one Member; that the second Riding of the County of Lincoln shall be represented by one Member; that the third Riding of the County of Lincoln shall be represented by one Member; that the fourth Riding of the County of Lincoln shall be represented by one Member; that the Counties of Oxford and Middlesex be together represented by one Member; that the County of Norfolk shall be represented by one Member: that the County of Kent shall be represented by one Member; that the County of Essex shall be represented by two Members.

III. And be it further enacted by the authority aforesaid, That no Returning Officer or Officers who may be hereafter appointed, shall continue any Election more that six days, but shall at the expiration of that time, close the poll, notwithstanding any law, usage or custom to the contrary.

Preamble.

CHAP. XII.

An Act for the better regulating the STATUTE LABOUR, in the Counties of ESSEX and
KENT, in the WESTERN DISTRICT.

[March 16th, 1808.]

WHEREAS, it is necessary so amend and keep in repair the Public Highway, leading through part of the Counties of Essex and Kent in the Western District; 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 it shall and may be lawful for the Magistrates of the Western District, in Quarter Sessions assembled, or the major part of them, and they are hereby empowered to appoint one or more overseer or overseers, and to direct him or them when they shall deem it expedient, to order such in

habitants

habitants of the County of Kent as are liable to perform Statute Labour upon the Highways and Roads, to keep in good and sufficient repair that part of the Road and also the Bridges upon the same, beginning at the upper or second fork of the River Thames, in the Township of Tilbury, thence leading down the said River Thames, and continuing along Lake Sinclair to Belle River, and the said Magistrates in manner aforesaid, shall appoint one or more overseer or overseers and direct him or them to order such inhabitants liable to perform Statute Labour on the Highways and Roads, living between M'Kee's Creek and Belle River in the County of Essex, to keep in good and sufficient repair the Road and Bridges between Pike's Creek and the said Belle River, and across the same.

Bridge to be kept in

repair by the inhabiof Howard and Har

tants of the townships

wich.

II. And be it further enacted by the authority aforesaid, That the said Magistrates in manner aforesaid, shall direct the overseer or overseers of the Townships of Howard and Harwich in the County of Kent, to order the inhabitants of the said Townships jointly to make and keep in repair a good and sufficient Bridge over the Creek running through lot number twenty-two in Harwich, commonly called and known by M'Kirgan's Creek, and shall also direct the overseer or overseers of the Townships of Camden and Chatham in the said County, to order the inhabitants of said Townships jointly to make and keep in repair a good and sufficient Road lead- repair by the inhabiing from the landing place on lot number three in Howard, back to Arnold's Chat Camden and Mill, and the said Magistrates are in like manner empowered to direct the overseer or overseers of the upper half or division of the Township of repair by the inhabi Raleigh in the said County, to order the inhabitants living within the same, tants of the upper half of the township of Ra to keep in good and sufficient repair the bridge over the main fork near leigh. the town of Chatham, in the township of Harwich.

Road to be kept in

tants of

Penalties for refusing

or neglecting to do the

III. And be it further enacted by the authority aforesaid, That if any person who shall have been appointed overseer in the manner aforesaid, shall refuse or neglect to perform the several and respective duties required of duties required by this him by this Act, he shall for each neglect or refusal thereof, forfeit and Act. pay the sum of twenty shillings; and if any inhabitant as aforesaid, shall refuse or neglect to work on such roads, or towards the repair of such bridges as aforesaid, after he shall have had from such overseer four days notice so to do, he shall, for every such offence forfeit and pay the sum of five shillings.

Mode of conviction

and of levying the penalties.

IV. And be it further enacted by the authority aforesaid, That the penalties inflicted by virtue of this Act, shall be levied and recovered by warrant under the hand and seal of some Justice of the Peace of the said District, which warrant such Justice is hereby empowered and required to grant úpon conviction of the offender, by confession or upon oath of one credible witness, and in default of payment, to levy the same by distress and sale of the offender's goods, rendering the overplus, if any, to the owner thereof, the necessary charges of making such distress and sale, same. being first deducted, which said penalty shall be applied towards the making and keeping in repair the said roads and bridges abovementioned, and in default of such distress, it shall and may be lawful for any such

Application of the

Justice to commit the person so refusing or neglecting, to the common gaol for any time not exceeding one month, unless the penalty, forfeiture, costs, and charges shall respectively be sooner by him paid.

V. And be it further enacted by the authority aforesaid, That the work to be done upon the said roads and bridges as aforesaid, shall be considered as a part of the annual Statute Labour, and shall be required only at such times as the said Statute Labour, may be by law required.

Preamble:

Part of the 34th Geo. 2. c 1, and the whole

of 40th Geo. 3. c 2, repealed.

obtained without any motion in court.

WH

CHAP. XIII.

An Act for the better regulation of SPECIAL JURIES.

[Passed 16th March, 1808.J

HEREAS, the existing Laws of this Province are found insufficient to give Special Juries in the Court of King's Bench; 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 the tenth, eleventh, twelfth, and thirteenth clauses of an Act passed in the thirty-fourth year of His present Majesty's Reign, intituled, An Act for the regulation of Juries," and the whole of an Act, passed in the fortieth year of His of His present Majesty's Reign, intituled, "An Act for the regulation of Special Juries,” shall be and the same are hereby repealed..

II. And be it further enacted by the authority aforesaid, That it shall and Special jury may be may be lawful for His Majesty, by His Attorney General, or by any other person duly authorised in that behalf, or for any prosecutor or defendant in any indictment or information for any misdemeanor now pending or hereafter to be brought or prosecuted in His Majesty's Court of King's Bench in this Province, or for any plaintiff or plaintiffs, defendant or defendants, in any action, suit, or cause whatsoever, now pending or hereafter to be brought and carried on in the said Court, to have and obtain a Special Jury for the trial of such indictment, information, action, suit, or cause, without any motion in Court.

Clerk of the Peace

III. And be it further enacted by the authority aforesaid, That the Clerk of shall deliver to the She- the Peace of each and every District, shall annually, on or before the sessed for £200 and fifteenth day of July, deliver or cause to be delivered to the Sheriff of the

riff a list of persons as

upwards.

District,

District, a list of such men throughout the District as shall be assessed on the several assessment rolls, for the sum of two hundred pounds and upwards, for which services the said Clerks of the Peace respectively shall be entitled to receive the sum of five shillings, by an order from the Justices in Quarter Sessions assembled, upon the District Treasurer.

IV. And be it further enacted by the authority aforesaid, That it shall and may be lawful for His said Majesty, His Heirs and Successors, as afore said, or for any prosecutor or defendant in any such indictment or information, or for any plaintiff or plaintiffs, defendant or defendants in any action, suit, or cause, now pending or hereafter to be brought and carried on in the said Court of King's Bench, for the purpose of having and obtaining a Special Jury for the trial of such indictment, information, action, suit, or cause, by themselves or their attornies respectively, to serve or cause to be served on the opposite party or parties, his, her, or their attorney or attornies, a written notice, for him, her, or them, to appear by themselves or their respective attorney or attornies, at the office of the Sheriff of the District in which the said indictment, information, action, suit, or cause is to be tried, on some certain day, which shall not be less than four days from the actual service of such notice, and such actual service shall be made either personally upon the opposite party or parties, his, her, or their attorney, or by a copy of such notice, to be left at the usual place of abode of the opposite party or parties, or at the usual place of abode of his, her, or their attorney.

Manner in which 40 assessed shall be

V. And be it further enacted by the authority aforesaid, That the name of each and every man assessed as aforesaid, shall be written on separate and name drama distinct pieces of paper, being all as near as may be of equal size, and shall be put together in a box or glass, to be provided for that purpose, from which the Sheriff, his Deputy, or any indifferent person appointed by the Court, may draw out forty of the said papers, and the said Sheriff or his Deputy, shall forthwith make a list of the names written upon the said forty papers, from which list each party, his, her, or their attorney or attornies, shall and may alternately, strike out twelve names, and the Sheriff shall summon or cause to be summoned, the sixteen persons whose names shall remain on such list, to appear on the first day of the next ensuing Assizes, from whom a Special Jury shall be taken for the trial of the respective indietment, information, action, suit, or cause.

VI. And be it further enacted by the authority aforesaid, That if any party or parties who shall be served with such written notice, or his, her, or their attorney shall neglect to appear at the Sheriff's office at the said day appointed, it shall and may be lawful for the Sheriff or his Deputy, in behalf of such party, to strike out of the said list, twelve names in manner aforesaid.

Each party may strike out 12 out of the 40

names, remaining 16 persons shall be sum.

moned by the Sheriff to appear the next assizes.

If either of the par

ties do not appear to strike out the 12 names shall do so for such party.

sheriff or his deputy

5s. to be paid to each

VII. And be it further enacted by the authority aforesaid, That every person who shall serve on a Special Jury as aforesaid, shall be entitled to receive special jury man. the sum of five shillings.