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the condition thereof broken, may by summons under his hand and scnl, require such person so complained of or informed ngainst, to appear at. the next Quarter Sessions of the Peace for the said District, then and there to answer the matterof such complaint or information; and also may bind the per* son or persons who shall make such complaint or informationor 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 eaR^^nizancc't0 06 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 (e^tor\hrL)neat. 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.

VII. And be it further enacted by the authority aforesaid, That the Secretary to die treasurer's hands of the Province or other person appointed to deliver Licences to Inn-keepers witbto<!l Bonl1'"

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.

VIII. And be it further enacted by the authority aforesaid, That the Secretary Names of TiSeentrd of the Province shall and is hereby required yearly and every year, to cause the P*reous to be ■dvertff. 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 And of thnM under

cacb and every District do cause the names ofkall such persons as shall have rec°sn'zanocs

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, ) TN pursuance of the Act in such case made and

Division, 5 A provided, you are hereby required to give notice form of warrant the most public manner to all licenced Inn-keepers or Keepers of Public and also to all persons unlicenccd, who do intend to offer them

S selvea

selves to be licenced at the next general Meeting of the said Justiees, for that purpose, within this Division; that they do personally appear before the said Justices at the

on the

at hour of the forenoon of the same day, to take or renew their Licences for the year ensuing; 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 l'eace of the District, together with two suretics 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 is he, she, or they shall be hindered hy sickness or other reasonable cause to be allowed by the said Justices, ibat he, she, or they must procure two sureties to be then and there buand 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 ins to the Secretary

householders of the Division; setting forth, that he is of good fame and dico. III. c9.) 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 (See 361h Geo. mi. C3--37, c11-40, 4

A. B. ? Justices of the Peace for 41, c8-43, € 9-45,

C. D. the said Division. chu4, c108.66, s 102

STATUTES

UPPER-CANADA,

PASSED IN THE FOURTH SESSION OF THE FIRST PROVINCIAL

PARLIAMENT,

MET AT NEWARK, ON THE SIXTTI DAY OF JULY, AND PROROGUED ON THE TENTH DAY a... OF AUGUST FOLLOWING, IN THE THIRTY-FIFTH YEAR

OF THE REIGN OF GEORGE ILI

JOHN GRAVES SIMCOE, ESQUIRE, LIEUTENANT GOVERNOR

· ANNO DOMINI 1795,

Soodavca

CH A P. I.
An Act to Regulate tbe Practice of PHYSIC and SURGERY

[ Repeated by 46th Geo. III. c 2. ]

CHA P. II.

An Act to Ascertain the ELIGIBILITY of Person's to be Returned to the HOUSE of

ASSEMBLY.

[Repealed by 58th Geo. III. c 9. ]

CHAP: IIL

CHAP. 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 tee "Province of Lower-Ctuwda.

[Expired.]

CHAP. IV.

[Wth August, 1795.5

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An Act to explain and amend an Act passed in the . thirty-fourth year" of His Majesty's
Reign, intituled, « An Act to establish a Superior COURT of CIVIL and CRIMINAL
JURISDICTION, and to regulate the COURT of APPEAL."

WHEREAS doubts have arisen respecting the jurisdiction of His Ma-
jesty'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, consti-
tuted 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 NortlrAmericu, 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 in-
formation, 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 inter-
course heretofore, now, or hereafter carried on or to be carried on, by and
between His Majesty's subjects or people of any other slate 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 con-
traband or prohibited goods, now or hereafter made or to be made con-
traband; for the Justices of His Majesty's Bench for the time being, to pro-
ceed 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 Eng-
land, 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 g^iven 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 not-
withstanding.

II. And be it furtlier 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 Conrl of Ki|

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Preamble.

CHAP. V.

An Act for the Public REGISTERING of DEEDS, CONVEYANCES, WILLS, and other INCUMBRANCES which shall be made, or may afflict any Lauds, Tenements, or Hereditaments, within this Province.

[lOf/t August, 1795.]

WHEREAS the lands now hoi den within this Province, under the authority of the Crown will be shortly confirmed by Grant, from Hi3 Majesty under the Seal of the said Province; and whereas it seems to be a desirable measure to establish a Register in "each County and Riding within the said Province, that when the said lands shall be so confirmed, it' any, or any part of the same shall be transferred or alienated by any Deed of sale, Conveyance, Enfeofment, or Exchange, or by Gift, Devise, or Mortgage, a memorial of such transfer or alienation shall be made for the better securing and more perfect knowledge of the same; lie 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 1 jis 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," anil by the authority of the same, That from and after the passing of (his Act there shall be established in each and every County and Riding of this Re-igteroffic.es to be Province, wherein it may be deemed for the present necessary, and as often esuUkied. after as occasion may require within others, an Office for the enregistering of memorials of all deeds and instruments by which lands within the same, ^hall or may be transferred, or disposed of, by bargain and sale, enfeofment, gift, devise, mortgage, or exchange, and that it shall and may bo lawful for the Governor, Lieutenant Governor, or person administering tho t Government of this Prorince for the time being, to name the place where such Register Office shall be kept, and to nominate and appoint a person of sufficient integrity and ability to each and every Office that shall or may for the present be established, and as often as occasion may require within iha said Province, under the conditions hereinafter mentioned, who shall faithfully g\J^t">immut of rc'1" cause to be enregistered a memorial of all deeds and other instruments by which-lands may be transferred or alienated, that shall or may bo presented to him in manner hereinafter mentioned, and because the population of the country may not for the present admit of a separate Register to be appointed to each and every Office that may be for the present established ; it shall and may be lawful fur the Governor, Lieutenant Governor or Person Administer

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