District of Newcastle, to be eventually declared by Proclama tion. XXV. Provided always, and it is hereby further enacted, That when, and so soon as the said Counties of Northumberland and Durham shall make it satisfactorily appear to the Governor, Lieutenant Governor, or Person adminis(See 42 Geo. III. c 2.) tering the Government of this Province, that there are one thousand souls within the said Counties, and that six of the Townships therein do hold town-meetings according to law, then the said Counties, with all the land in their rear, confined between their extreme boundaries, produced north, sixteen degrees west, until they intersect the northern limits of the Province, shall, and are hereby declared to be a separate District, to be called the District of Newcastle. And the Governor, Lieutenant Governor, or Person administering the Government of the Province, is hereby authorised, upon such proof as aforesaid, to declare the same by Proclamation, any time within one year after the same shall be so established, as to him shall seem most fit. Part of the township of Glandford added to brook. XXVI. And be it further enacted by the authority aforesaid, That so much the township of Bin- of the Township of Glandford as is now comprehended between the southern boundary of the Township of Binbrook, and the boundary of the Six Nation Indians land, be added to the said Township of Binbrook, and become part thereof. First Riding of the County of Lincoln. Second Riding of the County of Lincoln. The town and township be called the town and of Newark therein, to township of Niagara. Third Riding of the County of Lincoln. Fourth Riding of the County of Lincoln. XXVII. And be it further enacted by the authority aforesaid, That the Townships of Clinton, Grimsby, Saltfleet, Barton, Ancaster, Glanford, Binbrook, Gainsborough, and Caistor, do constitute and form the First Riding of the County of Lincoln. XXVIII. And be it further enacted by the authority aforesaid, That the Town ships of Newark, Grantham and Louth, do constitute and form the Second Riding of the County of Lincoln; Provided always, That the Town and Township of Newark, now generally called West Niagara, be henceforth declared and called the Town and Township of Niagara respectively. XXIX. And be it further enacted by the authority aforesaid, That the Townships of Stamford, Thorold and Pelham, de constitute and form the Third Riding of the County of Lincoln. XXX. And be it further enacted, by the authority aforesaid, That the Townships of Bertie, Willoughby, Crowland, Humberstone, and Wainfleet, do constitute and form the Fourth Riding of the County of Lincoln. XXXI. And be it further enacted by the authority aforesaid, That the tract County of Haldimand. of land on each side of the Grand River, now in the occupation of the Six Nation Indians, and laying to the southward and south-east of Dundas street, do constitute and form the County of Haldimand. XXXII. And be it further enacted by the authority aforesaid, That the said District of Niagara Counties of Lincoln and Haldimand, with such of the Islands of this Province lying in the River Niagara, or Lake Erie, as are wholly, or in greater part adjacent thereto, together with the Beach at the head of Lake Ontario, between the outlet of Burlington Bay and the Township of Saltfleet, and together with the promontory between the said Burlington Bay and Coats Paradise, do constitute and form the District of Niagara XXXIII. And be it further enacted by the authority aforesaid, That the Townships of Rainham, Walpole, Woodhouse, Charlotteville, Walsingham, Houghton, Middleton, Windham, and Townsend, together with Turkey Point, and Promontory of Long Point, do constitute and form the County of Norfolk. XXXIV. And be it further enacted by the authority aforesaid. That the triangular tract of land heretofore called Townsend Gore, be added to the Township of Burford, and to become part thereof. XXXV. And be it further enacted by the authority aforesaid, That the Townships of Burford, Norwich, Dereham, Oxford upon the Thames, Blanford, and Blenheim, do constitute and form the County of Oxford. XXXVI. And be it further enacted by the authority aforesaid, That the Townships of London, Westminster, Dorchester, Yarmouth, Southwold, Dunwich, Aldborough, and Delaware, do constitute and form the County of Middlesex. XXXVII. And be it further enacted by the authority aforesaid, That the Counties of Norfolk, Oxford and Middlesex with so much of this Province as lies to the Westward of the Home District, and the District of Niagara, to the Southward of Lake Huron, and between them and a line drawn due north from a fixed boundary (where the easternmost limit of the Township of Oxford intersects the River Thames) till it arrives at Lake Huron, do constitute and form the District of London. XXXVIII. And be it further enacted by the authority aforesaid, That the Townships of Dover, Chatham, Camden, distinguished by being called Camden West, the Moravian tract of Land, called Orford, distinguished by Orford north and south, Howard, Harwich, Raleigh, Romney, Tilbury, divided into the east and west, with the township on the river Sainclair, occu pied by the Shawney Indians, together with the islands in the Lakes Erie and Sinclair wholly or in greater part opposite thereto, do constitute and form the County of Kent. XXXIX. And be it further enacted by the authority aforesaid, That the Townships of Rochester, Mersea, Gosfield, Maidstone, Sandwich, Colchester, Malden, and the tracts of Land occupied by the Huron and other Indians upon the Strait, together with such of the islands as are in Lakes Erie, Sinclair, or the Straits, do constitute and form the County of Essex. XL. And be it further enacted by the authority aforesaid, That the Counties of Essex and Kent, together with so much of this Province as is not included within any other District thereof, do constitute and form the Western Dis trict. XLI. And be it further enacted by the authority aforesaid, That this Act nor any part thereof, shall take effect until from and after the fourteenth February pext. day of CHAP. VI Preamble. (See 34th Geo. III c2.) Affidavit for holding to bail. (a) See 51 Geo. III. c 3. Ch. ad resp. may be brought. An Act to amend part of an Act passed in the thirty-fourth year of the Reign of His Majesty, intituled, " An Act to establish a SUPERIOR COURT of CIVIL and CRIMINAL JURISDICTION, and to regulate the COURT of APPEALS," and also to amend and repeal part of an Act passed in the thirty-seventh year of the Reign of His Majesty, intituled, “ An Act for Regulating the Practice of the COURT of KING'S BENCH," and to make further Provision respecting the same. [The Royal Assent to this Act was promulgated by Proclamation, bearing date January first, in the year of Our Lord One thousand eight hundred, and fortieth of His Majesty's Reign.] W His Majesty, intituled, “An Act to establish a Superior Court of Ci HEREAS by an Act passed in the thirty-fourth year of the Reign of vil and Criminal Jurisdiction, and to regulate the Court of Appeals, it is enacted, That no person shall be arrested or holden to bail upon any process issuing out of the Court of King's Bench in a Civil suit, unless an affi davit be first made by the plaintiff, that the defendant is justly and truly indebted to him in a sum certain, which together with the account for which it became due, shall be specified, and also that the deponent verily believes the defendant is about to leave the Province, with an intent to defraud his creditors; and whereas many persons having contracted debts in this Province, have fraudulently left the same before their creditors can have sufficient knowledge of their intention, so as safely to make the affidavit by the said Act required, for remedy thereof, 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 order to hold any person to bail in any Civil suit in the said Court of King's Bench, it shall be sufficient that the said affidavit (which may be made by the plaintiff, his servant or agent) besides stating the cause of action in the manner in the said Act mentioned, do also state that the deponent is apprehensive that the defendant will leave the Province without paying his debts (a) II. And for the more effectual prevention of such fraudulent practices as sued out after action aforesaid, be it enacted by the authority aforesaid, Thut in case the plaintiff in any action now pending, or hereafter to be brought in the said Court, his servant, or agent shall, at any time after action brought, and before final judgment, be apprehensive that the defendant will leave the Province without paying his debts, it shall and may be lawful to and for the said plaintiff, his servant or agent, having made and filed such affidavit as aforesaid, to sue out a writ of Capias ad Respondendem, and to cause the said defendant to be thereupon arrested and holden to bail, which bail if the said writ shall have been sued out after appearance made, shall be bail to the action. (a) III. Provided nevertheless, and be it enacted by the authority aforesaid, That the suing out of such Writ, shall not be taken or construed in any manner to affect any proceedings theretofore had in the said action; but the same shall continue in like manner as if the said Writ had been sued out at the commencement thereof, Law to the contrary notwithstanding. (a) any Condition of the re IV And be it further enacted by the authority aforesaid, That the condition of every recognizance of bail to the action shall be such, that the cognizors coguisance. thereof shall not become liable, unless the defendant shall leave the Province, without having paid the debt for which such action shall have been brought. Affidavit on taking V. And be it further enacted by the authority aforesaid, That no writ of capias ad satisfaciendum, shall issue in any action now pending, or hereafter to be out Ca. Sa. brought into the said Court, unless an affidavit be first made and filed by the plaintiff, his servant, or agent, in the manner herein before directed, with respect to holding to bail, that he is apprehensive that the defendant will leave the Province without paying his debts, or that he hath reason to believe that the defendant hath removed or secreted his effects, or hath made some secret and fraudulent conveyance thereof, in order to prevent the same from being taken in execution. (a) Bail may surrender defendant in discharge VI. Provided nevertheless, and be it further enacted by the authority aforesaid, peace. VII. And be it further enacted by the authority aforesaid, That in case the plaintiff in any action now pending, or hereatteter to be brought in the said Provisional arrest of Court, his servant or agent, at any time before or after final judgment, and debtors by warrant before the debt for which such action shall have brought, is paid or satisfied, from any justice of the shall be apprehensive that the defendant will leave the Province without (See 51st Geo. 111. paying his debts, and that he may leave the same before he can be arrested 3.) and holden to bail, or taken in execution as aforesaid, it shall and may be lawful to and for any of His Majesty's Justices of the Peace, upon oath thereof made before him, by the said plaintiff, his servant, or agent, to issue his warrant, and cause the said defendant to be arrested and detained, until he can be served with the proper process of the said Court. Provided nevertheless, That the time of such detention shall in no case exceed the space of eight days. Recital 37 Geo. l. (b) See 41st Geo. III. c91. VII. And be it further enacted by the authority aforesaid, That so much of an Act passed in the thirty-seventh year of the reign of His present Majesty, in- chap. 4. tituled "An Act for regulating the practice of the Court of King's Bench," as enacts, that the parties may plead to issue in the office of the Clerk of the Crown and Pleas of this Province, (b) in and for the several Districts thereof, and also that every Monday in the course of the year, except Easter Monday and Christmas Day, in case it shall happen on a Monday, shall be a return day for the return of Writs issuing out of the said Court of King's Bench, and also that the plaintiff shall cause the defendant to be served with the Writ of Summons, and that no milage shall be allowed for the same, shall be, and the same is hereby repealed. Repeal thereof in respect to pleading in the district offices; the return of Writs out of term; and milage. But original process and writs of ca. sa. to issue still out of the IX. Provided nevertheless, and be it further enacted by the authority aforesaid, That the said office of the Clerk of the Crown and Pleas shall be an office for issuing the original process of the said Court, and also for issuing writs of (a) See. 41% Geo. III. capias ad satisfaciendum. (a) District offices. CHA P. VII. An Act to alter the method of performing STATUTE DUTY on the HIGHWAYS and Repealed by 50th Geo. Ifl. c 1. ] THE |