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PASSED IN THE FOURTH SESSION OF THE SECOND PROVINCIAL. ;

PARLIAMENT, MET AT FORK, ON THE TWELFTH DAY OF JUNB, AND PROROGEED ON TEIE TIENTY NINTH DAY OF THE SAME MONTA, IN THE THIRTY-HATH YEAR

OF THE REIGN OF GEORGE III.

The HONORABLE PETER RUSSELL, Esquing, PRESIDENT

ANNO DOMINI. 1790.

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O HA P. I. An Act to povíve and contine an Act, passed in the First Sexsion of this present Parliament, intituled, 4 pm Adk for the better Securing the Propinth against the King's ENEMIES.

Continued by 37th Geo. III. c 1. for 2 years.--Expired.]

CHA P. II. AN ACI to continue as Act, intituled, " Air Act for securing Me TFT LAS PO LINDS in this

Province." . [Continued by 37th Geo. III. c 3. for 2 years.--Expired.)

CHA P. II.

OHA PIII.
An Act to provide for the EDUCATION and SUPPORT OF ORPILAN CHILDREN.

[ 29th June, 1799.] WITHEREAS it is expedient to provide for the Education and Support

V of Orphan Children, or Children who may be deserted by their Preamble.

Parents, 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," Town Wardens with and by the authority of the same, That when the father and mother of any approbation of two jus- Infant Child shall die, or shall abaudon their Jafant Child or Children, it tices, may bind orphan or abandoned infant shall and may be lawful for the Town Wardens of any Township where children.

such Child or Children shall be, by and with the approbation and consent of two of His Majesty's Justices of the Peace, to bind the said 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 this effect, under their hands and seals, and countersigned by two Justices of the Peace, shall be good and valid in law.

II. And be it further enacted by the authority aforesaid, That when the faTbe like power given to the inother, when ther of any Infant Child or Children, shall abandon and leave such Infant the father abandons bis

Child or Children with the mother, it shall and may be lawful for the mother infant children.

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.

Exception.

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. ! . . .

further exception,

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.

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CHA P. IV.:: An Act to enable Persons holding the Office of REGISTER, to be Elected MEMBERS of the House of ASSEMBLY.

[ 29th June, 1799.] W H EREAS by the sixteenth clause of an Act passeil in the thirty-fifth (See 331h Geo. III.

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 few or other profit whatsoever, for, or in respect thereof; nor shall any Register or his Deputy for the tiine being, be capable of being thereafter chisen a Meinber 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 anthority of an Act passerl 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 the said sixteenib clause of the said above recited Act, 16th clause of 35th

9 Geo. III. repealed. shall be, and the saine is hereby repealed.

í 1. Provided always, and be it further enacted by the authority aforesairl, That if any Member ot the Assembly shall, at any time hereafter, accept the Any members of the

e assembly accepting the Office of Register of any County or Riding, his seat therein shall be, and is a

office of register his hereby declared to be vacated thereupon.

seat to be vacated. upon. : III. Provided also nevertheless, That such appointment shall be no bar or But no bar to his re. obstruction to the re-election into the Assembly, of the person so accepting and holding the same. .

election.

CH A P. V.
An Act to Ratify, Approve and Confirm the PROVISIONAL AGREEMENT made and ena

tered into by Commissioners on the part of this Province, and Commissioners on the pait of
the Province of Lower Canada. ;

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MET AT YORK, ON THE SECOND DAY OF JUNE, AND PROROGUED ON THE FOURTA"

DAY OF JULY FOLLOWING, IN THE FORTIETH YEAR

OF THE REIGN OF GEORGB III.

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Recital.

0 H A P. I. An Act for the further introduction of the CRIMINAL LAW Of ENGLAND in this Provinces and for the more effectual PUNISHMENT of certain OFFENDERS..

[ 4th July, s 1800. ] W HEREAS the Criminal Law of England was by an Act of the Par

W 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 estaba lished as the Criminal Law of this Province: And whereas divers anjeudments 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 Pro vince of Upper Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of Great Britain, intituled, W 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,

lished as the the Province of Quaking more effectuenth year of His Majesty

and

the 40th year

and by the authority of the same, That the Criminal Law of England, as of The Criminal Law it stood on the seventeenth day of September, in the year of our Lord, one as it slond on tlie 1741 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.

Saring of Ordinario

tinant any winnaafhe ces made since the 14th

Geo. H.

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 late Province of Quebec, which may have been made since the said fourteenth year of His Majesty's Reign.

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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 sometines 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 When any person is

anchoù convicted of any fes aforesaid, That from and after the passing of this Act, when any person shall no

nen any person wall lony for which he is be lawfully convicted of any felony within the Benefit of Clergy, for which liable to be burnt in

and the band, the Court he or she is liable by law to be burned or marked in the hand, it shall and may; instead of such may be lawful for the Court before which any person shall be so convicted, burving, impose on

him & moderate firie. or any Court holden for the same place with the like authority, it such Court or except in case of shall think fit, instead of such burning or,marking, to impose upon such Of- Manslaughter ord

him to be whipped, 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 burping 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 Ihree times, either, publicly or privately, whipt; such private whipping to ho inflicted in the presence of not less than two persons besides tbc offender and the officer,who ipflicts 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 felunies, or any Jestitution to his or her estatęs, capacities and credits, as if he or she had been burned or marked as aforesaid.

:IV. Provided alıpays, and be it further enacted by the authority aforesaid,

This Act not to me That nothing in this Act contained, shall abridge, or deprive any Court of the ,

he bridge the powers vest posyers now. vested in it. by law, of detaining and keeping in prison, for any ed in the said Courts

os iinprisoning offende time not exceeding one year, or of comunitting to the House of Correction, or ers 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 inficted or imposed instead thereof, be so detained çr 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 inade.

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