STATUTES OF UPPER-CANADA, PASSED IN THE SECOND SESSION OF THE FIRST PROVINCIAL PARLIAMENT, MET AT NIAGARA, ON THE THIRTY-FIRST DAY OF MAY, AND PROROGUED ON THE NINTH OF THE REIGN OF GEORGE HI. JOHN GRAVES SIMCOE, ESQUIRE, LIEUTENANT GOVERNOR. ANNO DOMINI 1793. CHA P. I. An Act for the better regulation of the MILITIA in this Province. CHA P. II. An Act to provide for the nomination and appointment of PARISH and TOWN OFFICERS within this Province. [9th July, 1793.] WHEREAS, it is requisite for the maintenance of good order and the regular execution of the Laws, that proper officers should be appointed to superintend the observance 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 it shall and may Ü be Preamble. Annual town meet sembled by warrant of ings to be bolden, as two magistrates, be lawful, as soon as conveniently may be, after the passing of this Act, for any two of His Majesty's Justices of the Peace, acting within the division in which any parish, township, reputed township, or place may be, to issue their Warrant, giving eight days previous notice, to the Constable of such parish, township, reputed township, or place, authorizing him, on a day to be fixed by the said Justices in the present year, and on the first Monday in the (a) (January-See 57 month of March (a) in every ensuing year, to assemble the Inhabitant House when ; Geo. III. 7, s 2) C for the purpose of choosing parish & town officers. Election of a parish or town clerk. Duties of his office. Election and duties of assessors. Election and duties of collector. Election and duties of the oversseers of the highways. Geo. III. c 6.) holders, paying or liable to pay to any public assessment or rate of such parish, township, reputed township, or place, in the parish church or chapel, or in some convenient place within the said parish, township, reputed township, or place, for the purpose of choosing and nominating the parish or town of ficers hereinafter mentioned, to serve in their respective offices for the year next ensuing, at which Meeting the said Constable shall preside. II. And be it enacted by the authority aforesaid, That it shall and may be lawful for the said Inhabitant Householders, or the greater part of them so assembled, to choose one fit and proper person from among the Inhabitants to be Clerk of the said parish, town or township, who shall and is hereby required to make a true and complete List of every Male and Female Inhabitant within the limits of his parish, town or township, and return the same to the Justices acting as aforesaid, so as they may produce the said List at the General Quarter Sessions in the month of April to be holden, and the said Clerk shall and is hereby required, to enter and record all such matters, as shall relate to the said parish, town or township, and shall appertain to his office, which records shall be faithfully and carefully kept and preserved by such Clerk, and by him delivered to his successor duly nominated and appointed. III. And be it further enacted by the authority aforesaid, That it shall and may be lawful for the said Inhabitant Householders, in manner aforesaid, to choose two fit and proper persons, from among the said inhabitants, to serve the office of Assessors for the said parish, township, reputed township or place, who shall assess all such rates and taxes, as shall be imposed by any Act or Acts of the Legislature of this Province, and be payable by the Inhabitants thereof. IV. And also to choose and nominate in manner aforesaid, one fit and proper person to serve the office of Collector for such parish, township, reputed township, or place, who shall and may, and is hereby authorized, from time to time, to demand and receive from the Inhabitant Householders, under the said assessment, such monics as may be due and payable from the said Inhabitants, in respect of the matters aforesaid, which Collector shall account for and pay over the monies so received by him, in such manner as shall be directed by any Act or Acts of the said Legislature, that may authorize the imposing and levying such rates and taxes respectively. V. And also to choose and nominate in manner aforesaid, not less than (b) (Twelve. See 45 two, or more than six (b) persons, as shall be specified in the Warrant to be issued by the said Justices, to serve the Office of Overseers of highways and roads, to oversee and perform such things as shall be directed by any Act to be passed, touching or concerning the highways and roads in this Province, which said Overseers shall also serve the office of Fence Viewers, and are hereby authorized and required, upon receiving proper notice, to view and determine upon the height and sufficiency of any Fence or Fences within their respective parish, township, reputed township, or place, conforinably to any resolutions, that may be agreed upon by the said inhabitants at such fences to be within their meeting to be holden, under and by virtue of such Warrant as aforesaid. The sufficiency of cognizance. Nomination of pound dent to his office. VI. And also to choose and nominate in manner aforesaid, a person or persons to serve the office of Pound-keeper, who is hereby authorized to Im- keeper, and duties inci pound all Cattle, and each and every Horse, Sheep and Hog that shall trespass on the lands of any person, having inclosed the same by such high and sufficient Fence, as shall have been agreed on in manner aforesaid, and also to impound any Stoned Horse, more than one year old, that shall be running at large upon the high ways or commons, and to detain such Horse, until the owner thereof shall have paid the sum of Twenty Shillings, one half to be paid to the person taking such Horse, the other half thereof to the Collector, towards the public stock of the District. Nomination of town Provision in behalf of parish churches when built. VII. And also to choose and nominate in manner aforesaid, two fit and discreet persons to serve the office of Town Wardens for such parish, town- wardens. ship, reputed township, or place; but as soon as there shall be any Church built for the performance of divine service, according to the use of the Church of England, with a Parson or Minister duly appointed thereto, then the said Inhabitant Householders shall choose and nominate one person, and the said Parson or Minister shall nominate one other person, which persons shall jointly serve the office of Church Warden, and that such Town Wardens or Church Wardens, and their successors duly appointed, shall be as a corporation, to represent the whole Inhabitants of the township or parish, and as such may have a property in goods or chattels of or belonging to the said parish, and shall and may sue, prosecute or defend in all presentments, indictments or actions, for, and on the behalf of the Inhabitants of the said parish. Powers vested in town wardens. A list of persons no minated at such meeting shall forthwith be gistrate of the division. communicated to a ma VIII. And be it further enacted by the authority aforesaid, That the Constable presiding at such meeting, shall and is hereby required, to cause a List to be made out, containing the names of the persons chosen and nominated to serve and execute the several Offices herein before mentioned in manner aforesaid, which List shall be signed by the said Constable, who shall forthwith communicate the same to either of the Justices, having signed the Warrant by virtue of which such Meeting was holden, and it shall and may same into office. be lawful for either of the said Justices, or for any Justice of the Peace, acting within the division, and he is hereby authorized and empowered to administer an oath of office, to each and every person or persons so chosen and nominated as aforesaid, within seven days after such meeting as aforesaid, in the following form: You A. B. do promise and swear, that you will faithfully, diligently and justly serve and perform the office and duties of for to the best of your abilities.SO HELP YOUR GOD. according And that every person having taken such oath, shall be held to be lawfully Who may swear the Oatl appointed Persons sworn shall appointed to such office, for which he shall have been chosen and nominated as aforesaid, be held lawfully ap pointed. Penalty for neglect ing or refusing to be sworn into office, after nomination. IX. Provided always, That any person so chosen and nominated to serve any of the offices herein before mentioned in manner aforesaid, who shall refuse or neglect to signify his consent to enter upon such service, and to take the oath herein before set forth by the space of seven days after such nomination as aforesaid, shall forfeit and pay the sum of Forty Shillings for every such neglect or refusal, to be recovered upon proof thereof on confession, or by the oath of one credible witness, before any one Justice of the Peace, acting within the said division, to be levied by warrant of distress, and sale of the goods Application of such and chattels of the party so neglecting or refusing; and to be paid into the penalties. Magistrates to name other persons into of fices vacant by refusal. Penalty for refusing such office. Constable, annually, for each District, hands of the Treasurer, towards the public stock of the District, except in the case of forfeiture of any person or persons nominated to be overseers of the highways and roads, and refusing to act, whose penalties shall be paid into the hands of the commissioners of the highways and roads, and that it shall and may be lawful, in case of refusal as aforesaid, for any two of His Majesty's Justices, acting within the said division, to hold a special session for the purpose of naming one or more person or persons to serve the office, that may have been refused, by the party chosen to serve the same, and fined in manner aforesaid, and if the person or persons so named by the said Justices, upon being served with due notice thereof, which notice the Constable is hereby required to serve upon the person, or leave the same at his usual place of abode, shall neglect or refuse by the space of seven days, after the service of such notice, to accept the said office, and take the oath herein before prescribed, he shall for every such neglect or refusal, forfeit the sum of Forty Shillings, to be levied by distress and sale, and paid over in manner herein before mentioned. X. And be it further enacted by the authority aforesaid, That it shall and may be lawful for the Justices of the Peace, within the respective limits of Nomination of a high their commissions at their General Quarter Sessions in the month of April assembled, or the greater part of them, to nominate and appoint yearly and every year, a sufficiently discreet and proper person, to serve the office of High Constable in each and every district, and also to nominate and appoint and of constables for such a sufficient number of persons, as in their discretion will be necessary, to serve the office of Constable in each and every parish, township, reputed township, or place, and the said Constable and Constables, before they enter into their office, shall severally take the following oath, which it shall and may be lawful for any Justice of the Peace to administer each Township, &c. Oath. Period of exemption "You shall well and truly serve our Sovereign Lord the King, in the office of for the for the year ensuing, according to the best of your skill and knowledge-SO HELP YOUR GOD. of XI. Provided always, and be it further enacted by the authority aforesaid, That no person having been appointed and served any of the offices menfrom an once after tioned in this Act, shall be liable to be appointed, or serve the same office, within three years from such appointment and service, unless he shall con serving the same. sent thereto. Provision for Town ships, &c. thinly inha XII. Provided also, That when any township or reputed township, shall not contain thirty Inhabitant Householders, it shall not be lawful for the said bited. Justices to issue their warrant for calling a meeting therein, but the said Inhabitant Householders shall be joined to, and be reputed and taken as Inhabitants of the township adjacent thereto, which shall contain the smallest number of Inhabitants. XIII. And be it enacted, That it shall and may be lawful for the Justices of the Peace within the respective limits of their commissions, at the General Quarter Sessions in the month of April to be holden, assembled, or the greater part of them, to limit and appoint such fees and perquisites as to them shall appear reasonable to be demanded and taken by every Town Clerk and Pound-keeper of the several parishes or townships within their respective Districts. SCHEDULE. JUSTICES'S WARRANT to Assemble the Inhabitants. HOME DISTRICT, To the CONSTABLE for the township of BY in the said District. Fees and perquisites of the town clerks and pound keepers to be re gulated in the April Sessions. Form of a Warrant Y virtue of a power for such purpose granted by a certain Act of the Legislature of this Province, made and passed in the thirty-third year of for a Town Meeting. his present Majesty's Reign, to us A. B. Esquire, and C. D. Esquire, two of His Majesty's Justices of the Peace in and for the said District, these are to authorise and require you, giving eight days previous notice, to assemble the Inhabitant Householders, paying or liable to pay to any public assessment or rate, living within your parish or township, to meet at for the purpose of choosing and nominating certain fit and proper persons, to serve the offices herein specified, for the ensuing year, that is to say, one Town Clerk, two Assessors, one Collector, two or more Overseers of the highways and roads, one or two Pound-keepers, and two Town Wardens, according to the directions in the said Act contained, and for so doing this shall be a sufficient Warrant. on day of CONSTABLE'S NOTICE to be given on a Nomination to an Office by the Justices. HOME DISTRICT, WHEREAS, at a Special Session for that purpose holden on the day of Form of Notice on a tices. (See 46 Geo. III. c5 48, c 14-50. c 12 50, cl, s 14-53, c 9— Township of by A. B. Esquire, and nomination by the JusC. D. Esquire, two of His Majesty's Justices of the Peace for the said District, you were by the said Justices nominated and appointed to serve the of fice of for the township of for the year next ensuing, by virtue of a power to them for that purpose granted by a certain Act of the Legislature of this Province. These are therefore to notify unto you, that unless you accept the said office, and take the oath prescribed, within seven days from the receipt of this notice, you shall for such neglect or refusal, forfeit and pay the sum of Forty Shillings, as by the said Act is directed. Dated this To Mr. L. M. day of E in the year G. H. Constable. CHAP. III. 67, 7) |