Form of certificate. Clerk's fees. Certificate to be enregistered. on the AT a General Quarter Sessions for the District of held at in the County of day of personally appeared the within named A. B. and being openly examined in the presence of L. M. C. D. E. F. and G. H. (at least four) Esquires, His Majesty's Justices of the Peace in and for the said District, touching her consent thereto, and did appear to this Court to give the same freely and voluntarily, without any coercion on the part of her husband, or any other person. S. M. Chairman. And the Clerk of the Peace shall be entitled to receive the sum of five shillings, and no more, for the said certificate. III.-[Repealed by 48th Geo. III. c 7.] An Act to supply the want of Enrolment of DEEDS of BARGAIN and SALE. [3d July, 1797.] HEREAS in certain cases, Lands have been intended to have been conveyed by Deed of Bargain and Sale; and whereas such Deeds of Bargain and Sale not having been enrolled in a Court of Record, are not valid in law; in order therefore to prevent the injury that might hence arise to His Majesty's subjects in this Province, and for the better regulating the conveyance of Land in future; 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 whereever any Lands have been sold, or shall hereafter be sold under Deed of Bargain and Sale, and such Deed of Bargain and Sale hath been, or shall hereafter be duly enregistered in the Register Office of the County in which such Lands are situate, agreeably to the provisions of an Act passed in the thirty fifth year of His Majesty's Reign, intituled, " 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," the same shall be, and is hereby declared to be a good and valid conveyance in law. CHAP. IX. CHA P. IX. An Act to enlarge the time between the issuing and the opening of COMMISSIONS of ASSIZE and NISI PRIUS, in and for the HOME DISTRICT, and for altering the time of holding the Sittings for the said District. [ 3d July, 1797. ] HEREAS by the nineteenth clause of a certain Act passed in the W fourth $ 19.) thirty fourth year of His Majesty's Reign, intituled, "An Act to es- (See 34 Geo. III. c 2. tablish a Superior Court of Civil and Criminal Jurisdiction, and to regulate the Court of Appeal," all suits and actions that arise, and are triable within the Home District, are directed to be tried within term time, or within ten days next after the end of every Easter and Trinity term, respectively; and whereas it is expedient to enlarge the times of issuing and opening the respective commissions for the hearing and trying of such suits and actions, and to alter the time of holding the Sittings for the said District; 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 Giovernment 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 all commissions of Assize and Nisi Prius shall be issued after the terms of Hilary and Trinity, respectively, and shall be tested on the last day of each of those terms, and the Chief Justice, or any other Judge of the said Court, in his absence, shall, as Judge of Assize and Nisi Prius, issue his precept to the Sheriff of the said District, for the summoning of Jurors for the trying of all such issues as may be joined in the said Court, and arise and be triable in the said District, as by law he is authorised to do, so that the same may be in no instance holden sooner than eight days from the end (See 34 Geo. III. e 2. of Hilary and Trinity terms, respectively. 8. 57, 68) CHA P. X. An Act for the Regulation of FERRIES. [ 3d July, 1797. ] HEREAS it is necessary for the convenience of His Majesty's subjects, that Ferries should be put under proper regulations within this Province, 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 Preamble. Quarter Sessions to lations. and to assess the rates. 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 ordain rules and regu- Act, it shall and may be lawful for His Majesty's Justices of the Peace, in and for the several Districts of this Province, in their General Quarter Sessions assembled, and they are hereby authorised and empowered from time to time, to make and ordain such rules and regulations as to them, or to the greater part of them, may appear necessary and proper to be observed and followed at such Ferry or Ferries, by the person or persons attending the same, or having the charge thereof; and also to establish and assess such rates and fees, as the person or persons attending such Ferry or Ferries, shall and may demand and receive for the passage of persons, cattle, carriages, or wares thereat; a list or table of which rules and regulations, rates and fees, shall be set up in some conspicuous place at every such Ferry or Ferries for public inspection; and any person attending, or having charge of a Ferry, who shall be convicted before any one Justice of the Peace, of demanding or receiving any higher or greater rate or fee than such as shall be so established, assessed and allowed, or of any breach of any such rules and regulations so made and ordained as aforesaid, shall for every such offence, forfeit and pay the sum of twenty shillings, to be recovered before any one Justice of the Peace, and levied by distress and sale of the offender's goods and chattels; one half of which penalty shall be paid to the informer or informers, and the other half to the Treasurer of the District wherein the same may arise, to be applied to the public use of the District. Table of regulations and fees to be posted up at the ferry. Tenalty for a ferry. man couvicted of a breach. Fenalty how to be ed of, recovered and dispos 34 Geo. III. c 5. as to the disposal of fines) CHA P. XI. An Act to encrease the REVENUE, and to compel the Accounting more regularly for the same to the Treasurer of the Province. [ 3d July, 1797. ] Address. MOST GRACIOUS SOVEREIGN, WHE HEREAS the provisions contained in a certain Act of the Parliament of this Province, passed in the thirty third year of Your Majesty's Reign, intituled, " 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;" in so far as the same did extend to persons retailing Spirituous Liquors, or Wines, in less quantities than three gallons, but not keeping a House of Public Entertainment, are expired: We Your Majesty's most dutiful and loyal subjects, the Representatives of the people of the Province of Upper Canada, in Parliament assembled, do most humbly beseech Your Majesty that it may be enacted, and Be it enact ed 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, Governor to grant 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 fifth day of August, in this present year, and from and after the fifth day of April, in every year ensuing, every diy, no person to sell After, &c. and anny Shop-keeper, or other Person whatsoever, who shall sell or vend any Wine fes than three gallons Brandy, Rum or other Spirituous Liquor, in less quantity at any one time without licence. than three gallons, shall be possessed of a Licence for that purpose, whether he or she does keep a house of Public entertainment, or does not; which Licence 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 or persons whom he shall authorize to issue licence. the same, to grant upon payment of the like rates, duties and fees as by law are now paid by any person Licenced to keep a house of public entertainment, for his or her Licence so to do; such rates and duties to be collected, paid and applied in like manner and form, and to the same uses as by the herein recited Act of the Parliament of this Province is directed; and if any collected, &c. person shall at any time after the time or times respectively herein specified and limited, sell or vend any Wine, Rum, Brandy or other Spirituous Liquor, in less quantity than three gallons, not being possessed as aforesaid, of a Licence for that purpose, and shall be thereof convicted in manner and form set forth by a certain Act of the Parliament of this Province, intituled, "An Act for regulating the manner of Licencing Public Houses, and for the more easy convicting of persons selling Spirituous Liquors without Licence," he or she shall forfeit and pay the sum of twenty Pounds; a moiety whereof shall be paid to the informer, and the other moiety shall be paid into the hands of His Majesty's Receiver General, to and for the use of His Majesty, applied. His Heirs and Successors, and towards the support of the Government of this Province, to be accounted for to His Majesty, through the Commissioners of His Majesty's Treasury for the time being, in such manner and form as it shall please His Majesty to direct. Rates and duties how Penalty for selling without licence 34th Geo. III. c 12. Penalty how to be (a) See 45d Geo. III. c 9. Secretary to compel agents to account with II. And whereas unnecessary delay in accounting to the Provincial Treasurer, for the Revenue, may be detrimental to the same, Be it therefore enact-· ed by the authority aforesaid, That the Secretary of the Province, (a) shall use efficient means of compelling all persons employed by or under him, as his out delay. agents or deputies, in receiving and collecting the duties imposed by virtue of this Act, or by virtue of any other Act or Acts of the Parliament of this Province, to transmit to him, from time to time, without delay, all such monies as they shall so receive and collect; and that the said Secretary of the to the treasurer within Province, shall pay into the hands of the said Provincial Treasurer, all monies which he shall, from time to time, so receive, or otherwise collect as duties imposed by this Act, or by any other Act or Acts of the Parliamenr of this Province, within one calendar month after he shall have received or collectr ed the same, any Act, law, or usage to the contrary notwithstanding, Secretary to account one month. (See 34 Geo. III. c.12.) Preamble. An Act to authorize the Lieutenant Governor to nominate and appoint Certain COMMIS- [ 3d July, 1797. ] HEREAS from the local situation of this Province, it appears to be altogether impracticable to carry into effect that part of the Provineial agreement entered into at Montreal, the twenty eighth day of January last, between the Commissioners in behalf of this Province, and the Commissioners of the Province of Lower Canada, which relates to the imposing of duties on articles coming into this Province from the United States of America, and to the taking of measures for enforcing the collection of such duties and from this circumstance the agreement so entered into as aforesaid may become void and of no effect; and whereas it is expedient that arrangements should take place between this Province and the Province of Lower Canada, respecting the imposing of duties, and allowing of drawbacks on goods passing from one Province into the other, and of and concerning any regulations, provisions, matters and things which might regard the Commerce, Manufactures or Produce of the said Province, 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 tovernment 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, Lieutenant Governor to arroint Governor, or Person administering His Majesty's Government in this Province, from time to time by letters patent, under the Great Seal of the Province, to commission, authorise and empower, three able and discreet persons, two of whom shall be a quorum, to treat, consult, and agree with the persons to be duly authorised for that pupose by a power to be granted by an Act of the Legislature of His Majesty's Province of Lower Canada, of and concerning the establishing such regulations as may regard the collection of duties, or payment of drawbacks, to be imposed or allowed on goods passing from one Province into the other, by the Legislature of each Province respectively; and of and concerning any proportions to be received and paid of any equal duties already imposed, or hereafter to be imposed, by the said Legislatures respectively, on any article or commodity passing from one Province into the other; and of and concerning any regulations, provisions, matters, and things which may regard the Commerce, Manufactures, or Produce of the said Province. three commissioners. Their agreement invalid until confirmed by the Legislature. (59th Geo. III. c 13.) II. Provided always, and be it enacted and declared, That no regulation, provision, matter or thing so proposed, treated, consulted, or agreed shall have any other force or effect, or be carried any further into execution, until the same shall have been confirmed by the Legislature of this Province. CHAP. XIII. |