the condition thereof broken, may by summons under his hand and seal, require such person so complained of or informed against, to appear at the next Quarter Sessions of the Peace for the said District, then and there to answer the matter of such complaint or information; and also may bind the per son or persons who shall make such complaint or information or any other person or persons concerned, in a Recognizance to appear at such Quarter Sessions, and give evidence against the person so complained of, or informed against, and the Justices of the Peace in their Quarter Sessions assembled, shall and may have power to direct the Jury which shall attend at such Sessions, for the trial of traverses, or some other Jury of twelve honest and substantial men to be then and there empannelled by the Sheriff without fee or reward, to inquire of the misdemeanor charged in the said complaint or information; and if such Jury shall find that the person so complained of, or informed against, hath done any act, whereby the condition of his Recognizance is broken; such act being specified in such complaint or information, it shall and may be lawful for the Court at such Quarter Sessions, to adjudge such person guilty of the breach of such Recognizance; which verdict and adjudication shall be final to all intents and purposes; and thereupon the said Justices shall order the Recognizance entered into by such offender to be estreated into His Majesty's Court of King's Bench, to be levied to His Majesty's use; and that the said offender shall, from and after such adjudication, be utterly disabled to sell any Wine, Brandy, Rum, or Spirituous Liquors or Strong Waters for the space of three years; and any Licence or Licences granted or to be granted to such person during such time, shall be null and void. Recognizances to be estreated. Disability of an offender for three years. Monies to be paid in within six months. VII. And be it further enacted by the authority aforesaid, That the Secretary to the treasurer's hands of the Province or other person appointed to deliver Licences to Inn-keepers or Keepers of Public Houses, shall cause all monies that shall or may be by himself or his Agents received for such Licences as may have been issued in each and every District, to be paid into the hands of the Treasurer of this Province, for the time being, on or before the expiration of six months next succeeding the year when such Licences were issued and distributed. ed. Names of Licenced VIII. And be it further enacted by the authority aforesaid, That the Secretary of the Province shall and is hereby required yearly and every year, to cause the persons to be advertis. names of the several persons who shall have taken out a Licence for keeping an Inn or Public House, to be published in the Upper Canada Gazette, on or before the twenty-first day of June, and that the Clerk of the Peace in each and every District do cause the names of all such persons as shall have recognizances. entered into such Recognizance, to be affixed in two of the most public places in the District for public inspection. FORM OF A WARRANT TO A CONSTABLE TO GIVE NOTICE. To the High Constable or other Peace Officer of this District. HOME DISTRICT, Division, N pursuance of the Act in such case made and provided, you are hereby required to give notice in the most public manner to all licenced Inn-keepers or Keepers of Public Houses, and also to all persons unlicenced, who do intend to offer them And of these under Form of warrant: on the at selves to be licenced at the next general Meeting of the said Justices, for that purpose, within this Division; that they do personally appear before the said Justices at the hour of the forenoon of the same day, to take or renew their Licences for the year enguing; and also to give them notice that every person to be licenced, must personally enter into a Recognizance of ten pounds before the Clerk of the Peace of the District, together with two sureties in five pounds each, that they will not use or suffer any unlawful games, and that they will keep good order and rule within their respective houses; and if he, she, or they shall be hindered by sickness or other reasonable cause to be allowed by the said Justices, that he, she, or they must procure two sureties to be then and there boand in the like manner in ten pounds each. And unto such persons as have not been licenced for the year preceding, you are further to give notice, that no Licence will be granted to any of them, unless every such person shall also at the same time and place, produce a testimonial, should the same be required by the Justices, under the hands of the Minister and church or town wardens, or otherwise of four reputable and substantial As to the Secretary householders of the Division; setting forth, that he is of good fame and sober life and conversation, and as they believe, a good subject of our Lord the King, having taken the Oath of Allegiance; Hereof fail not. GIVEN under our hands this day of in the year of our Lord of the Province, see 48d ico. III, c9.) (See 36th Geo. III. 3-37, c 11-40, c 4 -41, c 8-43, e 9—45, e 1-54, c10 & 56, e 10.) A. B. C. D. Justices of the Peace for the said Division.. THE STATUTES OF UPPER-CANADA, PASSED IN THE FOURTH SESSION OF THE FIRST PROVINCIAL PARLIAMENT, MET AT NEWARK, ON THE SIXTH DAY OF JULY, AND PROROGUED ON THE TENTH DAY OF AUGUST FOLLOWING, IN THE THIRTY-FIFTH YEAR An Act to Ascertain the ELIGIBILITY of Persons to be Returned to the HOUSE of ASSEMBLY. [Repealed by 58th Geo. III. e 9. ] CHAP. IIL CHA P. III. An Act to Ratify, Approve and Confirm the PROVISIONAL AGREEMENT entered into by the Commissioners on behalf of this Province, with the Commissioners on behalf of the Province of Lower-Canada. [Expired] CHA P. IV. [10th August, 1795.] An Act to explain and amend an Act passed in the thirty-fourth year of His Majesty's WHE HEREAS doubts have arisen respecting the jurisdiction of His Majesty's Court of His Bench in this Province, as far as the same may concern the condemnation of contraband goods; 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 from and after the passing of this Act, all actions of debt, bill, plaint or information, that may be brought upon any seizure of contraband goods, by any Ordinance or Act in force, or to be in force in this Province, for the prevention of smuggling or any clandestine or unlawful commerce or intercourse heretofore, now, or hereafter carried on or to be carried on, by and between His Majesty's subjects or people of any other state or country when and where the same may be prohibited, shall be heard and determined in His Majesty's Court of His Bench; and that it shall and may be lawful upon any action of debt, bill, plaint, or information, brought or to be brought upon any seizure before this Act made, or to be hereafter made, of any contraband or prohibited goods, now or hereafter made or to be made contraband; for the Justices of His Majesty's Bench for the time being, to proceed to the hearing and determining thereof, in as full and ample a manner as is now done and practised in His Majesty's Court of Exchequer in England, and to condemn the same, if it shall be lawful so to do, and to award such damages and costs, as may now or hereafter be given by any Ordinance or Law now in being or hereafter to be for the regulation of the commerce of this country, any Ordinance or Law to the contrary hereof in any wise notwithstanding. II. And be it further enacted by the authority aforesaid, That in all times to come, the term of Michaelmas shall commence and be holden on the first first Monday in the month of November, yearly and every year, any Act or Law to the contrary notwithstanding. The Court of King's Bench to be holden for two years at Newark. CHAP. V. An Act for the Public REGISTERING of DEEDS, CONVEYANCES, WILLS, and other INCUMBRANCES which shall be made, or may affect any Lands, Tenements, or Hereditaments, within this Province. [10th August, 1795.] Preamble. WHEREAS the lands now holden within this Province, under the Register ofices to be Appointinent of res. |