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An Act to amend certain parts of an Act passed in the thirty-third year of the Reign of His present Majesty, intituled, "An Act to authorize and direct the laying and collecting of ASSESSMENTS and RATES, in every District within this Province, and to provide for the Payment of WAGES to the MEMBERS of the HOUSE of ASSEMBLY."

[9th July, 1794.]

HEREAS the provisions contained in a certain Act passed in the "An Act to authorize and direct the laying and collecting of Assessments and Rates in every District within this Province, and to provide for the Payment of Wages to the Members of the House of Assembly," have been found to be not sufficiently comprehensive; 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 in addition to the eight classes by the said Act directed to be made out, it shall and may be lawful for the assessors of every parish, township, reputed township, or place, to be nominated and appointed for the ensuing year, and they are hereby required to make out a ninth class, containing the names of such inhabitant householders thereof, as the said assessors to the best of their knowledge and judgment, believe to be possessed of real or personal property, goods or effects, to the value of four hundred and fifty pounds, and not amounting to five hundred punds.

Preamble.

83d Geo. III.

A 9th class of inha

bitant householders to classes.

be added to the former

And also a 1002

and a further list to be

II. And further to make out a tenth class, containing the names of such inhabitant householders as the said assessors, to the best of their knowledge class. and judgment, believe to be possessed of real or personal property, goods or effects, to the value of five hundred pounds, and not amounting to five hundred and fifty pounds; and further to make out a list of all such inhabitant householders as aforesaid, as the said assessors to the best of their knowledge and judgment, believe to be possessed of real or personal property, called the Upper List. goods or effects, above the value of five hundred pounds, specifying the particular amount of the value of the real or personal property, goods or effects, of the said persons, according to the best of the knowledge and judgment of them the said assessors, which list shall be known and called by the name of Upper List.

Rate to be paid by each person classed in

III. And be it further enacted by the authority aforesaid, That it shall and may be lawful for the collector of each parish, township, reputed township, the 9tu.class. or place, to be nominated and appointed for the ensuing year, and he is hereby authorized, to demand and receive for the year ensuing the twentyfifth of March next, of every inhabitant householder, whose name shall be included in the said ninth class, the sum of one pound two shillings and six pence, as his rate or proportion of the District Assessment to be levied for the said year.

IV.

Rate to be paid by each person classed in the 10th class.

IV. And also to demand and receive for and during the time aforesaid, of every inhabitant householder, whose name shall be included in such tenth class, the sum of one pound five shillings, as his rate or proportion of the District Assessment to be levied for the said year.

V. And also to demand and receive for and during the time aforesaid, of every Rate to be paid by inhabitant householder, whose name shall be included in the said Upper List, a sum to be calculated at and after the rate of five shillings for every hundred pounds, at which he shall stand assessed in manner aforesaid.

each person included in the upper class.

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VI. And whereas every inhabitant householder within this Province, possessed of a location or lot of land by His Majesty's bounty, or otherwise, may by his honest industry, support himself, and at the same time contribute something to the public stock of the District; Be it enacted that the appellation of the Excused List, by the said above mentioned Aet, directed to be given to the list containing the names of the persons therein specified, do cease and determine; and that such list be continued to be made out, and be called the Under List; and that every inhabitant householder within this Province, whose name shall be included in the said Under List, shall for the said year ensuing, contribute and pay the sum of two shillings towards the public stock of the District, to be proportionably diminished, in case it shall not hereafter be found necessary to impose an entire rate according to the provisions in the said Act in that behalf contained.

VII. And be it further enacted, That the several rates herein directed to be paid, shall be levied, collected, paid and recovered, subject to such provisions, means and penalties, as in and by the said Act, abovementioned, are recited and contained.

Preamble.

CHAP. VII.

An Act for the further REGULATION of the MILITIA of this Province.

[Repealed by 48th Geo. III. c 1. ]

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An Act to restrain the Custom of permitting HORNED CATTLE, HORSES, SHEEP and SWINE to run at large.

[9th July, 1794.]

HEREAS the custom of allowing Horned Cattle, Horses, Sheep and detrimental; 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, it shall not be lawful for any person or persons to permit any Horned to run at large, but unCattle, Horse, Sheep or Swine to run at large, otherwise than under the regulations and restrictions herein after provided.

II. And be it further enacted, That henceforth it shall and may be lawful for the inhabitant householders, or the greater part of them, in every District within this Province, in their annual town meetings lawfully assembled, to ascertain and determine in what manner and at what periods, Horned Cattle; Horses, Sheep (a) and Swine, or any of them, shall be allowed to run at large, within their respective divisions, or to resolve that the same, or any part thereof, shall be restrained from so doing.

Cattle Henceforth not

der certain regulations.

Which regulations shall be made in the respective town ment

ings annually.

(a) See 44th Geo III. c4, s 1.

Cattle trespassing to

be empounded, nntil the poundkeepers fees be paid.

the damages done and

III. And be it further enacted, That if any Horned Cattle, Horse, Sheep, or Swine be found running at large in any town, township, reputed township or place, contrary to the regulations of the town meeting thereof; it shall and may be lawful for any of the pound keepers thereof, and on receiving notice, he is hereby required to empound such Horned Cattle, Horse, Sheep or Swine so trespassing, and to detain the same, until the person or persons who may have sustained any damage by the trespass of the same, shall have received from the owner or owners of such Horned Cattle, Horse, Sheep or Swine, reasonable compensation, and until the fees of such pound keeper shall have been satisfied, which fees His Majesty's Justices of the Peace in their General Quarter Sessions assembled, or the greater part of them, are regulated in Quarter hereby authorized and required to regulate and ascertain, in and for their respective Districts; any thing in any Act or Ordinance of the late Province of Quebec, or in any Act of the Legislature of this Province to the contrary of the provisions of this Act in any wise notwithstanding.

Which fees shall be

Sessions.

(See 43d Gco. III.

è 10, & 44, c 4)

CHA P. IX.

An Act to repeal certain parts of an Act passed in the Second Session of the Legislature of this
Province, intituled," An Act to regulate the laying out, amending, and keeping in Repair the
PUBLIC HIGHWAYS and ROADS within this Province," and to make further Provisions
respecting the same.

[Repeals for a time part of 33d Geo. III. c4; which is Repealed in toto by 50th Geo. III. c 1. ]

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The sheriff to nominate the gaoler, &c.

The gaol and comt

established rules and

regulations.

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An Act to amend certain parts of an Act passed in the thirty second year of His Majesty's Reigu, intituled, "An Act for Building a GAOL and COURT HOUSE in every District throughout this Province, and for altering the NAMES of the said DISTRICTS."

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[9th July, 1794.]

HEREAS it is necessary for the ease of the inhabitants of the Eastern District, that two Gaols and Court Houses should be built therein; 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 in addition to the above mentioned Act, which authorizes and directs that a Gaol and Court House for the Eastern District, shall be built in manner therein mentioned, in the town of New Johnstown(a) in the township of Edwardsburgh, it shall and may be lawful for the inhabitants of the Eastern District, to erect and build, or cause to be erected and built in the town of Cornwall, a Gaol and Court House, after the manner and under the rules, regulations and conditions appointed and prescribed, by the above mentioned Act, passed in the thirty-second year of His Majesty's Reign as aforesaid.

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IV. And be it further enacted, That the Sheriff of the said District shall have the same power and authority to nominate and appoint such person as he shall judge most proper to the office of Gaoler and keeper of the Gaol and Court House at Cornwall, as well as to do all other matters and things necessary. to be done respecting the government of the said Gaol and Court House at Cornwall, as he had, by virtue of the said Act, to regulate the Gaol and Court House of New Johnstown.(a)

V. And be it further enacted by the authority aforesaid, That all and every house to be under the the rules, regulations and conditions, respecting the management and government of the Gaols in each District, as they are prescribed in the aforesaid Act, passed in the thirty-second year of His Majesty's Reign, shall extend and be construed to extend to the management and government of the said Gaol, as in and by this Act is allowed to be erected and built in the said town of Cornwall, in the Eastern District as aforesaid,

CHA P. XI.

CHA P. XI.

An Act to lay and collect a DUTY upon STILLS.

[9th July, 1794.]

W
HEREAS for the better support of the Government of this Province,
it is expedient to increase the revenues 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 Pro-
vince 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 fifth day of April next, there shall be raised, levied, col-
lected and paid yearly and every year, unto His Majesty, His Heirs and
Successors, to and for the uses of this Province, and towards the support of
the Civil Government thereof, of and from all persons having and using a
Still or Stills, or hereafter to have and use a Still or Stills, for the purpose of
distilling Spirituous Liquors for sale, a sum not exceeding one shilling and
three pence lawful money of this Province, for every gallon, which the
body of such Still or Stills shall or may be capable of containing, in man-
ner hereinafter mentioned.

Preamble.

Duty to be paid for stl, in use, is capable

every gallon which u

of containing.

Provision for the

current year, to deter

II. And whereas it is expedient to make provision for the service of the current year, Be it enacted by the authority aforesaid, That the said duties shall begin and be payable for the seven months which will elapse between mine in April. the fifth day of September, and the fifth day of April next ensuing the passing of this Act, to be paid at and after the rate of seven pence halfpenny lawful money as aforesaid, per gallon, in manner hereinafter mentioned.

Method of ascertain

able stills.

III. And in order that the size of the several Stills to be employed for the purposes aforesaid, may be more truly ascertained, and the duties to be in the contents of rate imposed thereon more easily collected; Be it enacted by the authority aforesaid, That from and after the fifth day of November next, it shall not be lawful for any person to make use of any Still or Stills, for distilling Spirituous Liquors for sale, until he shall have obtained a Licence for that purpose; and every person desirous of obtaining such a Licence, shall, in a written Requisition for the same, to be made in manner hereafter mentioned, specify and set forth the number of gallons which the body of the Still or Stills he proposes to use, does or do contain, which specification shall be inserted in the Licence to him to be granted; and in case any person shall make use of any Still for the purpose of distilling Spirits for sale without having obtained such Licence, or shall make use of any Still or Stills for the purpose of distilling Spirits, of larger dimensions than that or

those

Penalty for using or having in a situation to

be used, stills of larger dimensions than speci

fed in the licence.

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