Page images
PDF
EPUB

An appeal to lie from

the court of probate,

XVI. And be it further enacted by the authority aforesaid, That it shall and may be lawful for all persons who may be aggrieved by any order, sentence, the surrogate courts to judgment or decree of any Surrogate Court within this Province, to appeal from the same or any part thereof, to the Judge of the Court of Probate, who shall have full power and authority, and hereby is authorized and required to examine, hear and finally determine all such appeals, and all matters concerning the same, and to reverse, affirm or alter such order, sentence, judgment or decree, and to make such other order or decree therein, as justice and equity shall require, and thereupon to remit the same, with his order, judgment or decree in the premises, and all things concerning the same, into the Court so appealed from. Provided always, That all such appeals from the said Surrogate Court, shall be made within fifteen days next after making days next after judge or giving the order, sentence, judgment or decree so appealed from, and upon security being given to the satisfaction of the said Surrogate, for prosecuting such appeal, such order, sentence, judgment or decree, shall be suspendcd. Provided always, That no appeal shall be had or lie from any such or-the rights affected ex- der, judgment, sentence or decree of any Surrogate Court, unless the value of the goods, chattels, rights or credits to be affected by such order, judgment, sentence or decree, shall be more than fifty pounds.

if made within fifteen

ment below,

and that the value of

ceeds fity pounds

the said courts.

the

XVII. And in order that certain stated times be fixed for the hearing and determining all motions, petitions, pleadings, suits and causes respecting the matters aforesaid, that may be brought before the said Court of Probate, or the said Surrogate Courts: Be it enacted by the authority aforesaid, That four Terms of sitting of terms or times of Session be appointed in each and every year for the purposes aforesaid, the first term to be holden from the first Monday in January to the Saturday of the same week inclusive; the second to be holden from the last Monday in March, to the Saturday of the same week inclusive; the third to be holden from the first Monday in June to the Saturday of the same week inclusive; and the fourth term to be holden from the last Monday in September to the Saturday of the same week.

XVIII. Aud be it further enacted by the authority aforesaid, That it shall and may be lawful for the Members and Officers of the said Courts to deFees to be taken by mand and take the following fees :—

oficial principal surogate and register.

[blocks in formation]

For Searching Register, each year,

[blocks in formation]

For Office Copy, each page eighteen lines, six words in each 0 0

For Drawing Bond and attesting Execution,

0 6 8

034 0 0 0 03 3 4

0

0 0 0 3 4 0 1 0 068

0 6

6 8

0 1 0 010

[merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small]

An Act to authorize the Lieutenant Governor, to nominate and appoint certain COMMISS
SIONERS for the purposes herein mentioned.

[blocks in formation]

An Act to establish a FUND for paying the SALARIES of the OFFICERS of the LEGIS-
LATIVE COUNCIL and ASSEMBLY, and for defraying the CONTINGENT EXPEN-
CES thereof.

[Expired.]

CHAP. XI.

An Act to encourage the DESTROYING of WOLVES and BEARS in different parts of this

Province.

[Repealed by 47th Geo. III. c 2. ]

CHAP. XII.

An Act to provide for the APPOINTMENT of RETURNING OFFICERS of the several
Counties within this Province.

[9th July, 1793.]

HEREAS the powers at present subsisting for the appointment of persons to execute the office of Returning Officer in each of the Districts, Counties or Circles, and Town or Townships in this Province, are limited to a certain period which will soon expire, and whereas it is necessary to make

Preamble.

make further provision for the appointment of such Officers; 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 UpperCanada, 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 Governor, Lieuturning officers shall be tenant Governor, or Person Administering the Government for the time being, from time to time to nominate and appoint by an instrument under his Hand and Seal at Arms, a proper person to execute the Office of Returning Officer, for every county or riding, division or town within the Province.

In what manner rein future appointed.

[blocks in formation]

II. Provided always, and it is hereby enacted, That no person shall be obliged to execute the office of Returning Officer for any longer time than one year, unless he shall be disposed to continue to execute the same, by and with the consent and approbation of the said Governor, Lieutenant Governor or person administering the government for the time being.

III. Provided also, and be it hereby enacted by the authority aforesaid, That this Act shall continue in force for and during the space of seven years, and no longer.

[Revived and Continued by 40th Geo. III. c 5-48, c 5-52, c 11, 1st Sess. and 56, c 4.]

Preamble.

14 Geo. III. c

CHAP. XIII.

An Act to establish a further FUND for the payment of the SALARIES of the OFFICERS of the LEGISLATIVE COUNCIL and HOUSE of ASSEMBLY, and for defraying the CONTINGENT EXPENCES thereof.

[9th July, 1793.]

HEREAS, by a certain Act of the Parliament of Great Britain, passed

of His Majesty's Reign, intituled

establishing a Fund towards further defraying the charges of the administration of Justice and support of the Civil Government within the Province of Quebec, in North America." it was therein, amongst other things enacted, "That from and after the fifth day of April, one thousand, seven hundred and seventy-five, there should be raised, collected and paid into His Majesty's Receiver General of the Province, for the use of His Majesty, His Heirs and Successors, a Duty of one pound sixteen shillings, sterling money of Great Britain, for every Licence that should be granted by the Governor, Lieutenant Governor or Commander in Chief of the said Province, to any person or persons, for keeping a house or other place of Public Entertainment, or for Retailing Wine, Brandy, Rum or other Spirituous Liquors, within the said

Province,"

Province." and whereas it is necessary that the said Revenue should be increased for the purpose of paying the Salaries of the Officers of the Legislative Council and House of Assembly, and for defraying the Contingent Expences thereof:

We, Your Majesty's Most Dutiful and Loyal Subjects, the Representatives of the People of the Province of Upper-Canada, in Assembly met, do most humbly beseech 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," That in addition to the said sum of one pound sixteen shillings sterling as aforesaid, which shall still be and continue to be levied, collected and paid as it hitherto has been levied, collected and paid, by virtue of the Act aforesaid, there shall be raised and levied, collected and paid, under the same restrictions and penalties, in the said Act contained, unto His Majesty's Receiver General, to and for the use of His Majesty, his Heirs and Successors, and to and for the use of this Province, and towards the support of the Civil Government thereof, the further sum of Twenty Shillings currency, upon every Licence that shall be granted by virtue of this Act, in manner following; that is to say, that from and after the fifth day of April [a], which will be in the year of our Lord one thousand seven hundred and ninety-four, it shall and may be lawful for the Governor, Lieutenant Governor or person administering the Government, by or through the Secretary of the Province, or other person empowered to issue Licences for the vending of Wines, Brandy, Rum or other Spirituous Liquors, to ask for, demand and receive, over and above the sum of one pound sixteen shillings, sterling, as aforesaid, the further sum of twenty shillings, currency, for every Licence that shall or may be granted to any person for keeping a house or any other place of Public Entertainment, or for the Retailing of Wine, Brandy, Rum or other Spirituous Liquors within this Province.

II. And be it further enacted by the authority aforesaid, That in every District throughout the said Province, one month at least before the fifth day of April, in every year, being the day whereon the said sums of one pound sixteen shillings sterling, and twenty shillings currency, shall be due and payable as aforesaid, the Secretary of the Province [b], or other person empowered to issue the said Licence, shall and is hereby required to give public notice in the Upper-Canada Gazette, or otherwise, to every person selling Wine, Brandy, Rum or other Spirituous Liquors, as aforesaid, to pay the said sum of one pound sixteen shillings sterling, and twenty shillings currency, and to receive or take out a Licence for the same, and by such public notice to warn every person who shall neglect, omit or refuse to take out a Licence, and still continue to Retail any Wine, Brandy, Rum or other Spirituous Liquors, in less quantities at any one time than Three Gallons, of the pains and penalties that they are thereby likely to incur, and hereafter to be inflicted by this Act.

[merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small]
[blocks in formation]

III. And be it further enacted by the authority aforesaid, That every person who shall keep a house or other place of Public Entertainment, for Retailing Wine, Brandy, Rum or other Spirituous Liquors, shall cause to be written, painted or printed over the door of such House of Entertainment, in legible characters, the following words; "Licenced to sell Wine and other Spirituous Liquors." and every person neglecting to have the aforesaid words, Written, painted or printed as aforesaid, and continue to keep such a house of Entertainment, shall for every such offence forfeit and pay the sum of five shillings currency, to be recovered before any one of His Majesty's Justices of the Peace, upon the oath of one credible witness; one half of which said sum shall be given to the person informing, and the other half paid into His Majesty's Receiver General, to and for the use of His Majesty, his Heirs and Successors, and to and for the use of this Province, and towards the support of the civil Government thereof.

IV. And whereas, by a certain Ordinance, passed in the twenty-eighth year of His present Majesty's Reign, it was declared and enacted, that every person taking out a Licence for the purpose of Retailing Wine, Brandy, Rum or other Spirituous Liquors, should be obliged to enter into a Bond with sufficient sureties, to keep an orderly and decent house; Be it therefore enacted by the authority aforesaid, That every person taking out a Licence by virtue of this Act, shall upon receiving such Licence from the Secretary of the Province, or his agent or other person for that purpose appointed, enter into a Bond in the penal sum of Ten Pounds to His Majesty, His Heirs and Successors, well and truly to keep a decent and orderly house during the continuance of the said Licence to him granted as aforesaid.

V. And be it further enacted by the authority aforesaid, That the Secretary of the Province or his agent (a), or other person appointed to grant such Licence, shall receive from cach person to whom a Licence may be granted, over and above the Duty herein before specified, the further sum of two shillings and sixpence for his trouble in making out and issuing the same, and no more; and the Clerk of the Peace or other person who shall draw out such Bond as aforesaid, shall receive and take the sum of two shillings and sixpence, for his trouble therein as aforesaid, and no more, any thing contained in any Ordinance of the Province of Quebec, to the contrary notwithstanding.

VI. And be it further enacted by the authority aforesaid, That the additional Duty imposed by this Act, shall not extend nor be construed to extend to any person not keeping a house of Public Entertainment for a longer space of time than two years next after the fifth day of April, which will be in the year of our Lord one thousand seven hundred and ninety-four, but that at and after the expiration of the said term of two years, no person other than such as shall keep a house of Public Entertainment, shall be obliged to pay for any Licence to him granted a greater sum than one pound sixteen shillings sterling, as imposed by the above recited Act..

VII. And be it further enacted by the authority aforesaid, That the said Receiver General do pay and apply the Monies by him received under and by virtue of this Act, in the manner and for the purposes as set forth in a certain

Act

« PreviousContinue »