STATUTES OF UPPER-CANADA, PASSED IN THE FOURTH SESSION OF THE SECOND PROVINCIAL PARLIAMENT, MET AT WORK, ON THE TWELFTH DAY OF JUNE, AND FROROGUED ON THE TWENTY-, NINTH DAY OF THE SAME MONTH, IN THE THIRTY-MINTH YEAR An Act to revive and contiune an Act, passed, in the First Session of this present Parliament, intituled, "In Act for the better Securing the Province against the King's ENEMIES.” [Continued by 37th Geo. III. c 1. for 2 years.-Expired.] CHA P. II. An Act to continue an Act, intituled, " Air Act for securing the TITLES to LANDS in this Province." . [Continued by 37th Geo. III. c 3. for 2 years.-Expired.] CHA P. III. Preamble. Town Wardens with approbation of two jusor abandoned infaut tices, may bind orphan children. The like power given to the mother, when the father abandons his infant children. Exception. Further exception, CHA P. III. An Act to provide for the EDUCATION and SUPPORT of ORPILAN CHILDREN. W II. And be it further enacted by the authority aforesaid, That when the father of any Infant Child or Children, shall abandon and leave such Infant Child or Children with the mother, it shall and may be lawful for the mother in such case, by and with the approbation of two of His Majesty's Justices of the Peace, to bind such Child or Children, as Apprentices, until he, she, or they shall have attained the age of twenty one years in the case of males, and eighteen in the case of females; and an indenture to that effect, under her hand and seal, and counter-signed by two Justices, shall be good and valid in law. III. Provided always, and be it further enacted by the authority aforesaid, That when the relations of any Orphan, or abandoned Infant Child, or Children, are able and willing to support and bring them up; then, and in such case, it shall not be in the power of the Town Wardens to Apprentice such Child or Children. IV. Provided also, and be it further enacted by the authority aforesaid, That no Infant Child, or Children, having attained the age of fourteen years, shall be liable to be apprenticed as aforesaid, unless he, she or they consent thereto. CHAP. IV. An Act to enable Persons holding the Office of REGISTER, to be Elected MEMBERS of the House of ASSEMBLY. [ 29th June, 179?.] HEREAS by the sixteenth clause of an Act passed in the thirty-fifth year of His Majesty's Reign, intituled, " An Act for the public regis tering of Deeds, Conveyances, Wills, and other incumbrances which shall be made, or may affect any lands, tenements, or hereditaments within this Province," it is declared and enacted, that "no Member of the House of Assembly thereafter to be chosen, during the time that he is such Member, shall be capable of being appointed Register, or of executing by himself, or an other person, the said office, or have, take, or receive any fe or other profit whatsoever, for, or in respect thereof; nor shall any Register or his Deputy for the time being, be capable of being thereafter chosen a Member to serve in the Assembly of 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 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 c'5.) (See 33th Geo. III. 16th clause of 35th of the same, That the said sixteenth clause of the said above recited Act, Geo. III. repealed. shall be, and the same is hereby repealed. II. Provided always, and be it further enacted by the authority aforesaid, That if any Member of the Assembly shall, at any time hereafter, accept the Office of Register of any County or Riding, his seat therein shall be, and is office of register his hereby declared to be vacated thereupon. III. Provided also nevertheless, That such appointment shall be no bar or obstruction, to the re-election into the Assembly, of the person so accepting and holding the same. Any members of the assembly accepting the seat to be vacated. But no bar to his reelection. An Act to Ratify, Approve and Confirm the PROVISIONAL AGREEMENT made and en tered into by Commissioners on the part of this Province, and Commissioners on the past of the Province of Lower Canada. [ Expired. ] (Continued by 41st Geo. III c 4-4514c4. -49th c 1.—5 1st c 553rd e 8-54th c 18. G both c 29) (See 58 Geo. III. Recital. UPPER-CANADA, PASSED IN THE FIRST SESSION OF THE THIRD PROVINCIAL PARLIAMENT, MET AT YORK, ON THE SECOND DAY OF JUNE, AND PROROGUED ON THE FOURTH An Act for the further introduction of the CRIMINAL LAW of ENGLAND in this Province, and for the more effectual PUNISHMENT of certain OFFENDERS. HEREAS the Criminal Law of England was by an Act of the Par liament of Great Britain, 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, introduced and established as the Criminal Law of this Province: And whereas divers amend ments and improvements have since been made in the same by the Mother Country, which it is expedient to introduce and adopt in this 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 Government of the Province of Quebec, in North America, and to make further provision for the Government of the said Province, and The Criminal Law of England introduced as it stood on the 17th and by the authority of the same, That the Criminal Law of England, as it stood on the seventeenth day of September, in the year of our Lord, one thousand seven hundred and ninety-two, shall be, and the same is hereby day of Sept. 1792. declared to be the Criminal Law of this Province. Saving of Ordinan Geo lil. II. Provided nevertheless, That nothing herein contained shall be taken or construed to vary, repeal, or in any manner to affect any Ordinance of the ces made since the 14th late Province of Quebec, which may have been made since the said fourteenth year of His Majesty's Reign. III. And whereas the punishment of burning in the hand, when any person is convicted of felony within the Benefit of Clergy, is often disregarded and ineffectual, and sometimes may fix a lasting mark of disgrace and infamy on offenders, who might otherwise become good subjects and profitable members of the community; Be it therefore enacted by the authority aforesaid, That from and after the passing of this Act, when any person shall be lawfully convicted of any felony within the Benefit of Clergy, for which he or she is liable by law to be burned or marked in the hand, it shall and may be lawful for the Court before which any person shall be so convicted, or any Court holden for the same place with the like authority, if such Court shall think fit, instead of such burning or marking, to impose upon such Of fender such a moderate pecuniary fine as to the Court in its discretion shall seem meet; or otherwise it shall be lawful, instead of such burning or marking, in any of the cases aforesaid, except in the case of manslaughter, to ordei and judge, that such offender shall be once, or oftener, but not more than three times, either publicly or privately whipt; such private whipping to be inflicted in the presence of not less than two persons besides the offender and the officer who inflicts the same; and in case of female offenders, in the presence of females only; and such fine or whipping so imposed or inflicted instead of such burning or marking, shall have the like effects and consequences to the party on whom the same, or either shall be so imposed or inflicted, with respect to the discharge from the same or other felonies, or any restitution to his or her estates, capacities and credits, as if he or she had been burned or marked as aforesaid. 1 IV. Provided always, and be it further enacted by the authority aforesaid, That nothing in this Act contained, shall abridge, or deprive any Court of the powers now vested in it by law, of detaining and keeping in prison, for any time not exceeding one year, or of committing to the House of Correction, or Public Work-house, to be kept to hard labor, for any time not exceeding one Fear, or of committing to the House of Correction, for any time not less than six months, or exceeding two years, any such offender as aforesaid; but that such offender may, if such Court shall think fit, after such burning or marking, or after such, whipping or fine as shall by virtue of this present Act be indicted or imposed instead thereof, be so detained or committed, and with such accumulated punishment, in case of escape from such House of Correction, or Work-house, as if this Act had never been made. When any person is convicted of any te lony for which he is liable to be burnt in may, instead of such burning, impose on or except in case of Manslaughter; orde him to be whipped. the hand, the Court him a moderate fine. |