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act or assist in falsely making, altering or forging any such entry in such register, or utter or publish as true, any such false, forged, altered or counterfeit certificate or register as aforesaid, or a copy thereof, knowing such certificate or register of Marriage respectively to be false, altered, forged, or counterfeited, or shall wilfully destroy, or cause or procure to be destroyed any register book of Marriages or any part of such register book, with an intent to avoid any Marriage, every person so offending, and being thereof lawfully convicted, shall for such offence suffer such fine and imprisonment as to the court "shall seem meet, provided such imprisonment be in the common gaol of the District, for a term not less than twelve calendar months.

V. Provided always, That when and so soon as there shall be five Parsons or Ministers of the Church of England, severally incumbent and doing duty within their respective parishes or places of residence, in any one District within this Province, that the authority herein before given to the Justices of the Peace, within such District, for the purposes aforesaid, shall cease and determine, and to the end that it may become publicly known when such a number of Parsons or Ministers are incumbent within any District, it shall and may be lawful for the Governor, Lieutenant Governor or person administering the government of this Province, and he is hereby required to give notice thereof, by an instrument under his hand and seal, to the first General Quarter Sessions to be holden for the said District, certifying that there are five Parsons or Ministers of the Church of England, severally incumbent and doing duty within their respective parishes or places of abode, in the said District, and that therefore the provisions herein before made, authorizing the Justices of the Peace to solemnize Matrimony, have ceased and determined within the said District, which said instrument shall be publicly read before the Justices in Quarter Sessions assembled, and kept and preserved by the Clerk of the Peace, among the records of the said District, and from and after the publication of such notice, it shall not be lawful for any Justice of the Peace within such District, to perform the Marriage ceremony; and if any Justice of the Peace within the District where such notification shall have been made in manner aforesaid, shall after the publication thereof, knowingly and wilfully pretend to perform the Marriage ceremony, between any persons under and by virtue of this Act, or under any pretence whatever, he shall for every such offence, forfeit and pay the sum of Twenty Pounds, one moiety thereof to His Majesty, his Heirs and Successors for the public uses of the Province, and the support of the government thereof, and the other moiety to any person who shall sue for the same by action of debt, plaint, bill or information, in any of His Majesty's courts of record within this Province, and such pretended Marriage so performed, shall be null and void to all intents and purposes whatever.

VI. And be it further enacted by the authority aforesaid, That it shall be no valid objection to the legality of any Marriage heretofore solemnized by any Parson or Minister, either by Licence, or after due publication of Banns, or hereafter to be solemnized in manner aforesaid, or by any Justice of the Peace, duly authorized under the provisions of this Act, that the same was not solemnized in a church or chapel duly consecrated, nor shall any such Marriage, on account thereof, be held or taken to be illegal.

VII. And be it further enacted by the authority qfoiesaid, That this Act shall be publicly read in the several Districts of this Province, at the opening of the PronwigaOw of thi» General Quarter Sessions of the Peace for each District, that shall be holden c' next after the passing thereof, and once in every year for two years following at the Quarter Sessions to be holden in the month of January.—( See 38 Geo. III. c4j

CHAP. VI.

An Act to fix the Times and Place* of holding the COURTS of GENERAL QUARTER
SESSIONS of the PEACE, within the several Districts of this Province.

Preamble.

[9th July, 1793.]

WHEREAS, it is necessary to fix the Times and Places for holding the Courts of General Quarter Sessions of the Peace within the several Districts in 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 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, the several Courts of General Sessions of the Peace within this Province respectively, shall commence and be holden at the times and places hereinafter mentioned, yearly and in every year, that is to say— That the Courts of General Quarter Sessions of the Peace for the Eastern District of this Province, shall commence and be holden in New Johnstown, (a,) on the second Tuesdday in the month of October, and on the second Tuesday in the month of April; and in the Town of Cornwall, on the second Tuesday in the month of January, and on trie second Tuesday in the month of July.

II. And be it enacted, That the Courts of-General Quarter Sessions of the Peace for the Midland District of this Province, shall commence and be holden in Adolphus Town, on the second Tuesday in the month of July, and on the second Tuesday in the month of January; and in Kingston, on the second Tuesday in the month of April, and on the second Tuesday in the month of October.

in. And be it enacted, That the Courts of General Quarter Sessions of the I["]h's"T1e*i'!m; Peace for the Home District of this Province, shall commence and beholden in the Town of Newark, on the second Tuesday in the mon th of July, on the secoud Tuesday in the month of Obtober, on the second Tuesday in the month of January, and on the second Tuesday in the month of April, (a)

Time and place »f holding ike quarter sessions in the Eastern District

[ a ] Cornwall. ( Set 36 Geo. III. c 4, s 4.;

In the Midland District.

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An Act to prevent the further introduction or SLAVES, and to limit the Term of Contracts for
SERVITUDE within this Province.

[9th July, 1793.]

II.

VITHEREAS it is unjust ihat a people who enjoy Freedom by Law should Preamble.

VV encourage the introduction of Slaves, and whereas it is highly expedient to abolish Slavery in this Province, so far as the same may gradually be done without violating private property; Be it enacted by the King's Most Excellent Majesty, by and ivith 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 yearof 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

ment of the said Province," and by the authority of the same, That from Recital of Act 30 Geo. and after the passing of this Act, so much of a certain Act of the Parliament

of Great Britain, passed in the thirtieth year of His present Majesty, intituled "An Act for encouraging new Settlers in His Majesty's Colonies and Plantations in America.” as may enable the Governor or Lieutenant Governor of this Province, heretofore parcel of His Majesty's Province of Quebec, to grant

a licence for importing into the same any Negro or Negroes, shall be, and The same in part re. pealed.

the same is hereby repealed; and that from and after the passing of this Act, it shall not be lawful for the Governor, Lieutenant Governor or Person ad. ministering the Government of this Province, to grant a licence for the im. portation of any Negro or other person to be subjected to the condition of a

Slave, or to a bounden involuntary service for life, into any part of this Prosions againt the vince; nor shall any Negro, or other person who shall come or be brought further introductiou of

into this Province after the passing of this Act, be subject to the condition of a Slave, or to such service as aforesaid, within this Province, nor shall any voluntary contract of service or indentures that may be entered into by any parties within this Province, after the passing of this Act, be binding on them

or either of them, for a longer time than a term of nine years, from the day Term of servitude by of the date of such contract. contract limited. The owriers of slaves 1

II. Provided always, 'That nothing herein contained shall extend, or be

Daniided man at preseat within tbe Province, coufir.ned in construed to extend to liberate any Negro, or other person subjected to such their property therein.

service as aforesaid, or to discharge them or any of them from the possession of the owner thereof, his or her executors, administrators or assigns, who shall have come or been brought into this Province, in conformity to the conditions prescribed by any authority for that purpose exercised, or by any Ordi

nance

Po

slares,

nance or Law of the Province of Quebec, or by Proclamation of any of His Majesty's Governors of the said Province for the time being, or of any Act of the Parliament of Great Britain, or shall have otherwise come into the possession of any person, by gift, bequest or bona fide purchase before the passing of this Act, whose property therein is hereby confirmed, or to vacate

Nothing hereiu lo es.

tend to contracts for or annul any contract for service that may heretofore have been lawfully servic made and entered into, or to prevent parents or guardians from binding out for to parents or guar: children until they shall have obtained the age of twenty-one years.

dians.

omale

er until the

Birth of the childien

III. And in order to prevent the continuation of Slavery wilhin this Pro- The children that vince, Be it enacted by the authority aforesaid, That immediately from and shall be

slaves, to remain in the after the passing of this Act, every child that shall be born of a Negro mo- service of the owner of ther, or other woman subjected to such service as aforesaid, shall abide and the

age of 25 years, when remain with the master or mistress in whose service the mother shall be living they sbull be dischargat the time of such child's birth, (unless sucii mother and child shall leave such service, by and with the consent of such master or mistress) and such master or mistress shall, and is hereby required to give proper nourishment and cloathing to such child or children, and shall and may put such child or children to work, when he, she er they shall be able so to do, and shall and may retain him or her in their service, until every such child shall have attained the age of twenty-five years, at which time they and each of them shall be entitled to demand his or her discharge from and shall be discharged by such master or mistress, from any further service. And to the end that the age of such child or children may be more easily ascertained, the master or of slaves to be recordmistress of the mother thereof, shall and is hereby required, to cause the day of the birth of every such child as shall be born of a Negro or other mother, subjected to the condition of a Slave, in their service as aforesaid, to be registered within three months after its birth, by the Clerk of the parish, township or place wherein such master or mistress reside, which Clerk shall be authorized to demand and receive the sum of one shilling, for registering the same. And in case any master or mistress shall refuse or neglect to cause such register to be made, within the time aforesaid, and shall be convicted thereof, either on his or her confession, or by the oath of one or more credible

Penalty for neglect. witness or witnesses, before any Justice of the Peace, he or she shall, for ing or refusing tot every such offence, forfeit and pay the sum of five pounds, to the public cord the same. stock of the District. IV. And be it further enacted by the authority aforesaid, That in case any Remedy against the

1 undue delention visuca master or mistress shall detain any such child born in their service as afore- children. said, after the passing of this Act, under any pretence whatever, after şuch Servant shall have attained the age of twenty-five years, except by virtue of a contract of service, or indentures, duly and voluntarily executed, after such discharge as aforesaid, it shall and may be lawful for such Servant to apply for a discharge to any of His Majesty's Justices of the Peace, who shall and is hereby required thereupon to issue a summons to such master or mistress, to appear before him to shew cause, why such Servant should not be discharged, and the proof that such Servant is under the age of twenty-five years, shall rest upon and be adduced by the master or mistress of such Seryant; otherwise it shall and may be lawful for the said Justice to discharge such Servant from such service as aforesaid, Provided always, That in case Provision for the fsany issue shall be born of such children, during their infant servitude, or after, sue of children of slaves

such

re

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such issue shall be entitled to all the rights and privileges of free born subjects.

V. And be it further enacted, That whenever any master or mistres shall liberate or release any person subject to the condition of a Slave from their service, they shall at the same time, give good and sufficient security to the Churchi or Town Wardens of the parish or township where they live, that the person so released by them shall not become chargeable to the same, or any olher parish or township.

CHA P. VIII.

AN ACT to Establish a COURT of PROBATE in this Province, and also a SURROGATE
COURT in every District thereof.

[ 9th July, 1793.]

"authority is hereby constame, That the

Preamble

VITHEREAS it is expedient to establish a Court for the purpose of grant

ing Probate of Wills and committing Letters of Administration of the Goods of Persons dying Intestate, having Personal Estate within 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 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 Pro. vince," and by the authority of the same, That there be constituted and es

tablished, and there is hereby constituted and established a Court with full Constitution and ju- power and authority to issue process and hold cognizance, of all matters rerisdiction of the court of probate.

lative to the granting of Probates, and committing Letters of Admninistration, and to grant Probates of Wills, and commit Letters of Administration of the Goods of Persons dying Intestate, having Personal Estate, Rights and Credits within this Province, to be called and known by the name of the Court of Probate of the Province of Upper-Canada, and that the Governor, Lieutenont Governor, or Person Administering the Government thereof, shall preside in the said Court, to hear, give, order or decree, or pronounce judgment in all questions, causes or suits that may be brought before him, relative to the matters aforesaid, and that for such purpose he may from time to time, when he shall be so disposed, call such person or persons as he shall think proper, to be Assessor or Assəssors with him, and that it shall and may be lawful for the Governor, Lieutenant Governor or person Administering the Government in this Province, to nominate and appoint from time to time, an official principal of the said Conrt, together with a Register and such Officers as may be necessary for the exercise of the jurisdiction to the said Court belonging.

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