Sales hereafter to be made of such land to

be void.

Unless certified as aforesaid, endorsed,&c.

To be lawful for His

search the Records of Paid Commissioners,

which certificate shall be taken to be sufficient proof of the original Regis tering of such Memorial, and of the Record and entry thereof by the said Commissioners, and that every sale or conveyance which shall hereafter be made of any Lands, Tenements or Hereditaments, within the said District, shall be held, deemed, esteemed, and taken to be fradulent and void, against purchasers for valuable consideration from any person or persons in the actual possession of the Lands, Tenements or Hereditaments sold, unless such certificate so as aforesaid endorsed, shall be set down, entered and Recorded in such Book or Books as aforesaid, before the enregistering of a Memorial of such subsequent Deed, or Conveyance in the Register Öffice of the said Counties, saving nevertheless, the Rights of Infants, Femes Coverts, Persons of non sane Memory and beyond the seas.

VII. And be it further enacted by the authority aforesaid, That it shall and Majesty's subjects to may be free and lawful, to and for all His Majesty's subjects, from time to time, and at all times, during the sitting of the said Commission, and between the times and periods thereof, to search in, and examine any of the Books or Records, of the said Commission, and the entries therein made as aforesaid, and to demand and receive from the Clerk or Secretary thereof, copies, transcripts and certificates of any such entries, upon payment of such fees as in like cases are allowed, and paid to Registers in the several Districts of this Province.

VIII. And be it further enacted by the authority aforesaid, That at the ending and finishing of the said Commission, the Books and Records thereof and of all proceedings had before the said Commissioners, subscribed with their names, shall by them be deposited in the Register Office of the said Counties, to be kept among the Records thereof, and that the entry in such Books or Record, of a Certificate so made and endorsed, that a Memorial of any such Deed, Conveyance, Will, Mortgage, Lease or other Mesne Conveyance, was enregistered in the Register Office of the said Counties, shall be taken, held, esteemed and deemed as full evidence of the Registry thereof, as if the said Memorial and Record thereof had not been lost or destroyed as aforesaid.

IX. And be it further enacted by the authority aforesaid, That in case any person who shall appear before the said Commissioners to give evidence, respecting or affecting any such claim or claims, as aforesaid, shall wilfully and corruptly forswear him, her or themselves or shall therein wilfully or corruptly make any false affirmation or declaration, he, she or they, shall incur, and be subjected to the like pains and penalties as would be incurred upon conviction of wilful and corrupt perjury in any evidence given in His Majesty's Court of King's Bench in this Province, on any cause there depending.

CHAP.

An Act to repeal part of, and to alter and amend the LAWS now in force for granting PENSIONS to Persons disabled in the SERVICE, and the WIDOWS and CHILDREN of Persons whe may have been killed in the Service, and to extend the Provision of the same.

MOST GRACIOUS SOVEREIGN,

WHE

[Passed 22d March, 1816.]

Preamble.

THEREAS, the Acts now in force for granting Pensions to wounded Militia-men, and also to the Widows and Children of such as may have fallen in the Service, are not found sufficient to answer the benevolent purposes for which they were intended, And whereas, it is necessary that more effectual Provision be made for the same, May it therefore please Your Majesty, that it may be enacted, and 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 the second clause of an Act passed in the fifty-third year of His Majesty's Reign, entitled, "An Act to provide for the maintainance of per- 3. repealed. sons disabled and the Widows and Children of such persons as may be killed in his Majesty's Service, be, and the same is hereby repealed.

6

II. [Repealed by 57th Geo. III. c. 5, s. 1.]

III. And be it further enacted by the authority aforesaid, That if any Officer, Non-commissioned Officer, Private Militia-man, or Teamster, shall have died or may hereafter die in consequence of any illness or disease contracted or that may hereafter be contracted while on or performing any duty on actual Service, and shall, at the time of such death, leave a Widow or Child or Children, such Widow or Child or Children shall be entitled to receive an annuity of twenty pounds in like manner, and under the like limitations and restrictions as the Widows and Children of persons killed in the Service are allowed to receive the same.

53d Geo. III. c 4.
2d clause of 53d Geo.

On every application of a widow, &c. Gov.

to order a permanent board composed of Miinto the merits of the case, whose favorable ent authority for the Gov. &c. to order the &c. to be inserted on

litia officers, to enquire

report shall be suffici

the Pension List.

To provide for the

more easy payment of

the same, Gov. to appoint a proper person

to act as Gen'l. Agent.

Agent to enter into

bond with sureties for

the due performance of

his duty.

Pensions to be paid

in advance every six

any warrant &c.

IV. And be it further enacted by the authority aforesaid, That on every application of a Widow or Guardian or Guardians, Executor or Adminis trator of any Child or Children of any such Officer, Non-commissioned Officer, Private Militia-man, or Teamster, who may have died or who may hereafter die in consequence of illness or disease contracted or which may hereafter be contracted on Service, as aforesaid, it shall and may be lawful for the Governor, Lieutenant Governor, or Person administering the Government, as aforesaid, to order a permanent Board composed of Militia Officers of the County, District, or Riding, in which such Officer, Noncommissioned Officer, Private Militia-man, or Teamster, as aforesaid, shall have been domiciliated at the time of contracting such illness or disease, as aforesaid, to enquire into the merits of the case, whose favorable report and recommendation shall be sufficient authority for the Governor, Lieutenant Governor, or Person administering the Government of this Province, to order the name or names of such Widow or Child or Children, to be inserted on the Pension List of this Province, and to order the amount of such Pensions, as aforesaid, to be paid.

V. And whereas, much delay and inconvenience have been experienced by individuals entitled to Pensions from the present mode of paying such Pensions, And whereas, it is necessary to provide for the more easy payment of the same, in future, Be it enacted by the authority aforesaid, That it shall and may be lawful for the Governor, Lieutenant Governor, or Person administering the Government, as aforesaid, to nominate and appoint a fit and proper person, to be resident at the Seat of Government, to act as General Agent for the payment of all such Pensions, as aforesaid, which Agent shall, and he is hereby entitled to receive the annual Salary of one hundred and fifty pounds, and no more, Provided always, and be it further enacted, That before such Agent shall proceed to act, he shall enter into a Bond, with Sureties to His Majesty, His Heirs and Successors, himself in one thousand pounds, and two Sureties in the sum of five hundred pounds. each, for the due performance of the several duties imposed by this Act.

VI. And be it further enacted by the authority aforesaid, That the amount months in discharge of due upon all such Pensions, as aforesaid, shall be paid in advance every six months, by the Receiver General, to such Agent, as aforesaid, in discharge of any warrant or warrants which shall for that purpose be issued by the Governor, Lieutenant Governor, or Person administering the Government of this Province.

When the amount of Such Persions shall

have been advanced, Agent to insert a no tice in the newspaper

stating the amount of pensions advanced.

VII. And be it further enacted by the authority aforesaid, That when and so often as the amount of such Pension or Pensions, as aforesaid, shall have been advanced to such Agent, as aforesaid, it shall and may be lawful for the said Agent, and he is hereby required to insert a notice in each and every Newspaper published within this Province, which notice shall be continued in the said Newspaper, for at least three months, stating the amount of Pensions so advanced to him, and containing a List of the names of all such persons as may be entitled to receive the same, copies of which shall be by the said Agent transmitted to the Clerk of the Peace of

of each and every District within this Province, to be distributed to the Magistrates thereof, also to the Commanding Officer of each Regiment, Battalion, or Independent Company of Militia of this Province, for the greater publicity of the same.

VIII. And be it further enacted by the authority aforesaid, That on the receipt of such Pension or Pensions, as aforesaid, by the said Agent, he shall, and he is hereby required so to do, pay the full amount of all such Pensions without any deductions, to such person or persons as may be entitled to claim the same, or to his, her, or their Agent or Agents, Representative or Representatives, Guardian or Guardians, Executors or Administrators.

IX. Provided always, and be it further enacted by the authority aforesaid, That each and every person or persons whose names may have already been, or who may hereafter be inserted on the Pension List of this Province, shall, as soon after the thirtieth day of June and thirty-first day of December, in each and every year, as may be convenient, transmit to the said Agent an Affidavit as the case may require, in the following forms:

I, A. B. of

Regiment of

Militia, do solemnly swear, that I am the person whose Bame has been heretofore inserted in the Pension List of this Province.

I, G. H. do solemnly swear, that I am the Widow of A. B. who died of wounds received in action with the Enemy.

I, G. H. do solemnly swear, that I am the Widow of A. B. who was killed in action with the Enemy.

I. G. H. do solemnly swear, that I am the Widow of A. B. who died from disease contracted whilst on Service.

I, A. B. [or as the case may be] Guardian, Executor, or Administrator, do solemnly swear, that I verily believe that J. H. is the Son (or Daughter) of the said G. who was killed in Action with the Enemy, or who died from Wounds received in Action, or who died from Disease contracted while on Service, and that J. H. is not Sixteen years, [as the case may be.]

Regiment of

I, C. D. Senior Officer of the Line, or -Militia, [as the case may be] do hereby Certify that A. B. was killed in Action on the day of or wounded and died in consequence, and that A. B. is the Widow of C. D.

Which Affidavit and Certificate with the Receipt of such Pensioner or Pensioners, Guardian or Guardians, Agent or Agents, Executors or Adminis-" trators, shall be taken and allowed to be a sufficient voucher, for the payment of such Pension or Pensions, as aforesaid.

Governor to appoint, during pleasure, a sur

geon to examine Persons claiming to be put

on Pension List.

Form of Certificates.

Agent shall cause to be printed, forms re

quired by this Act and transmit some to the

Adjt. Gen.

It shall be the duty of every Officer com

manding, &c to trans mit a return of all persions to the Adjt. Gen.

sons entitled to Pen

X. And whereas, it is necessary to provide for the more easy and expe ditious insertion of the names of persons claiming to be placed on the Pension List of this Province, Be it further enacted by the authority aforesaid, That it shall and may be lawful for the Governor, Lieutenant Governor or Person administering the Government of this Province, to nominate and appoint during pleasure, one or more persons from among the resident Surgeons, in each and every District of this Province, to examine such person or persons as shall or may claim to be admitted on the said Pension List in consequence of alledged disability from wounds as aforesaid, which Surgeon shall be entitled to claim and receive for such examination, the sum of five shillings, and no more, to be paid by the party claiming to be examined, the certificate of which Surgeons, or of any regular Surgeon of His Majesty's Military, Naval or Marine forces, in form herein after recited, with the certificate of the Senior Officer of the Line or Militia, or on the death or absence of such Officer, that of the next Senior Officer, certifying the time and place, of receiving such wound, or if a Widow certifying that her late Husband was killed in action, or died of such wounds, as aforesaid, or if a Child or Children, certifying the same, which certificate shall be sufficient authority for the Governor, Lieutenant Governor or person administering the Government, to order the name of such claimant as aforesaid to be inserted in the said Pension List.

I, C. D. Senior Officer of the Line or first Regiment of Militia [as the case may be] do hereby Certify, that G. H. was wounded in action with the Enemy, on the- -day of

I, G. Surgeon, do hereby Certify that I have carefully examined A. B. of -- late an Officer, [as the case may be] in the Regiment of Militia, and that in consequence of being Wounded, the said A. B. is incapable of

hard labor.

XI. And be it further enacted by the authority aforesaid, That the said Agent shall cause to be printed a sufficient number of the different forms required by this Act, and shall transmit the same to the Adjutant General of the Militia forces, who shall and he is required so to do, transmit a portion of each, to each and every Commanding Officer of every Regiment, Battalion or Independent Company of Militia within this Province,

XII. And be it further enacted by the authority aforesaid, That from and after the passing of this Act, it shall be the duty of each and every Officer commanding a Regiment, Battallion or Independent Company of Militia within this Province, and he is hereby required so to do, to transmit on or before the thirtieth day of June, and on or before the thirty-first day of December, in each and every year, a return of all persons entitled to Pensions within the limits of their respective Regiments, whether arising from Death by being killed, or disease, or from disability from hard labor, to the Adjutant Copies to be frans General of the Militia for the time being, certified copies of which shall, by mitted to the Governor the said Adjutant General of the Militia, be transmitted to the Governor, Lieutenant Governor, or Person administering the Government, to the In

Inspector General and 40 the Agent.

spector