Grants to two or more persons and their heirs to be construed to ope rate as giving estates in ed in such grant to be to the use of such gran tees as joint tenants. The rights of purcha not to be impeached. 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 all Grants of the Waste Lands of the Crown, which, previous to the said first day of July, in the year of our Lord one thousand eight hundred, passed the Great Seal of this Province to two or more persons and their heirs, shall, from and after the day of the date of such Grants respectively, be taken and construed in all Courts of Law and Equity, to enure and operate as giving to the several Grantees estates in common, and not in joint te nancy, unless it shall be distinctly expressed or declared in the said grant, that such Lands were to be held by, or to the use of such Grantees as joint tenants, any law to the contrary notwithstanding. II. Provided always nevertheless, and it is hereby declared, That nothing sers, mortgagees, &c. herein contained shall extend, or be construed to extend to impeach, or in any manner to affect the rights of any bona fide purchaser, mortgagee, or other incumbrancer, for valuable consideration; provided such purchasers, mortgagees, or other incumbrancers can shew their right, claim, or title to have vested previous to the passing of this Act. Recital. it shall be lawful for any married wo man having real es tete, by deed, jointly with her husband, to alien, &c. CHA P. V. An Act to enable MARRIED WOMEN having REAL ESTATE, more conveniently to [ 5th March, 1803.] HEREAS by the Laws of England, Married Women can only alien and convey their real estates by fine, or other matter of record, and there being as yet, no express provision made for levying fines in this Province, it has become expedient that some mode of conveyance should be by Law adopted, to enable such Married Women to alien their said real estates, 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 by the authority of the same, That from and after the first day of April, in this present year one thousand eight hundred and three, it shall and may be lawful to and for any Married Woman having real estate in this Province, and being above the age of twenty-one years, with the knowledge and con sent sent of, and by any Deed or Deeds jointly with her husband, to alien, depart with, and convey the same to such use and uses as to her and her said husband shall seem meet, which conveyance shall be as valid and effectual in the Law, to all intents and purposes, as if she were sole, any law or usage to the contrary notwithstanding. II. Provided_nevertheless, and it is hereby declared, That nothing in such Deed contained, shall have any force or effect to bar such Married Woman, or her said husband, or her heirs, during the continuance of the coverture, or after the dissolution thereof, or shall be held to have any force or effect whatsoever, unless such Married Woman shall appear in open Court, in the Court of King's Bench, or before any Judge thereof at his Chambers, or before a Judge of Assize, at the sittings for the Home District, or on his Circuit, and be examined by the said Court or Judge, touching her consent, and shall freely and voluntarily, and without coercion, give her consent, before such Court or Judge, to alien and depart with such estate, nor unless such examination shall take place within six months from the time of the execution of such Deed of Conveyance as herein before stated. such married woman's on the deed. consent to be endorsed III. And be it further enacted by the authority aforesaid, That in case it shall The court or judge appear to the said Court or Judge, that such Married Woman doth fully and to cause a certificate of freely consent to depart with, alien and convey her said real estate, without coercion, or fear of coercion on the part. of her husband, or any other person, it shall and may be lawful for such Court or Judge, and they are respectively hereby required, to cause a certificate thereof to be endorsed on the Deed so executed by her and her said husband as aforesaid, which certificate shall state the day on which such examination is taken, and shall be signed by the Chief Justice, or in his absence by the senier puishe Judge of the said Court, or by the said Judge before whom the same shall be taken at the said Sittings, or on the Circuit, or at Chambers, for which Certificate the Clerk of the Crown, when the examination shall be taken in term time, shall be entitled to demand and receive the sum of five shillings, and no more, and when taken by a Judge during the Sittings, or upon the Circuit, or at Cham- cate. bers, the Judge's Marshall shall be entitled to demand and receive the like sum of five shillings, as a fee for such certificate. IV. Provided also, and it is hereby further enacted by the authority aforesaid, That nothing in this Act contained shall be taken or construed to give to such Deeds so executed as aforesaid, so far as relates to the Married Woman or the interests of herself, or those claiming under her, any greater or other force or effect, than the same would have had in case such Married Woman had been sole at the time of executing the same. Fees for such certif An Act for further altering and amending an Act passed in the thirty-third year of His Majesty's Reign, intituled, "An Act to encourage the DESTROYING of WOLVES and BEARS different parts of this Province." Preamble. An Act to repeal for a limited time, part of an Act passed in the thirty-fourth year of His Mas jesty's Reign, intituled, "An Act for the REGULATION of JURIES." [ Expired, 16th March, 1808. ] CHAP. VIII. An Act to authorize the ATTORNEYS now Practicing, or hereafter to be duly admitted to An Act for the better securing to His Majesty, His Heirs and Successors, the due COLLEC- [ 5th March, 1803.] HEREAS the regulations and usages which have heretofore been established and hitherto observed in the issuing of Licences to persons to sell by Retail, Wine and Spirituous Liquors, or to use and employ Stills for the Distillation of Spirituous Liquors, have been found dilatory and cir cuitous, and thereby injurious to His Majesty's revenue arising therefrom, fot remedy thereof, 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 33d Geo. III. c 18 -34 c 11-31 c 12 C 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 Repeal of former Acti day of April now next ensuing, such parts and so much of five several Acts, which heretofore have passed in the Parliament of this Province, that is to say, an Act passed in the thirty-third year of His Majesty's Reign, intituled, "An Act to establish a further fund, for the payment of the Salaries of the 36 c3 37 € 11, Officers of the Legislative Council and the House of Assembly, and for defraying the Contingent expences thereof;" an Act passed in the thirty-fourth year of His Majesty's reign, intituled, "An Act to lay and collect a Duty upon Stills; an Act passed in the same thirty-fourth year of His Majesty's reign, intituled, "An Act for regulating the manner of Licencing Public Ilouses, and for the more easy convicting of persons selling Spirituous Liquors without Licence ;" an Act passed in the thirty-sixth year of His Majesty's reign, intituled, “An Act to amend an Act, intituled, An Act for regulating the manner of Licencing Public Houses, and for the more easy convieting of Persons selling Spirituous Liquors without Licence ;" and an Act passed in the thirty-seventh year of His Majesty's reign, intituled, “An Act to increase the revenue, and to compel the accounting more regularly for the same to the Treasurer of the Province," as regard, or in any wise respect the Secretary of the Province, his Agents or Deputies, or any of thern, or which authorize the said Secretary, his Agents or Deputies, or any of them, to receive, distribute, or account for anv Licence or Licences, issued by the Governor, Lieutenant Governor, or Person Administering the Government for the time being, for the purposes and to the intents in the said several five last recited Acts, or in any of them mentioned and contained, or which require or direct any application or written requisition to be made to the said Secretary, his Deputies or Agents, or any of them, touching, or in any wise concerning any purpose, matter or thing in such Acts, or any of them, contained, shall cease and determine, and shall be, and the same are hereby severally and respectively repealed accordingly. Inspectors to be ap pointed in each Di II. And be it further enacted by the authority aforesaid, That it shall and may be lawful, from time to time, and all times hereafter during the continuance of this Act, to and for the Governor, Lieutenant Governor, or Person trie Administering the Government in this Province for the time being, by an instrument in writing under his hand and seal, to authorize, commission and appoint, during pleasure, in each and every District in this Province, some fit and discreet person to be Inspector, who shall, in the District for which he shall be so appointed, superintend, collect and account for (as herein after provided) His Majesty's revenue, arising from and by such Licence or Licences, as from and after the said fifth day of April now next ensuing, shall and may at any time or times thereafter, issue to any person or persons within the District in which such person shall be so appointed Inspector to or for any of the purposes, ends or intents in the said last five recited Acts, or in any one of them mentioned or contained, which Inspectors, when so authorized, commissioned and appointed as aforesaid, shall severally, within their respective Districts, have, hold, and possess all and singular the powers and authorities, and shall, and are hereby severally required to exercise, perform and fulfil, all and singular the duties required of or imposed upon the said Secretary Alode of obtaining Licences. Inspectors to ascer Licence, or using Stills without licence or larg er stills than those licen ced, and to proceed against offenders, 7 c Secretary of the Province, his Deputies or Agents, or any of them, by any of the said last five recited Acts, except so far as such duties are varied, or are otherwise provided for by this Act. III. And be it further enacted by the authority aforesaid, That in all cases not otherwise provided for in and by this Act, each and every person desirous of obtaining a Licence or Licences, under the provisions of the said last five recited Acts, or any of them, shall, under the respective restrictions and penalties therein severally specified and contained, and in manner and form therein and thereby respectively directed, make such application, and in and by a written requisition, furnish such specification to the Inspector of the District wherein any such applicant may be desirous of being licenced, as in and by any of the said Acts it is specified, directed and provided to be made or done to the said Secretary, his Agents or Deputies, or any of them. IV. And be it further enacted by the authority aforesaid, That it shall be fain persons selling the duty of each and every Inspector to be appointed under and by virtue Wine or Spirits without of this Act, in the District in which he shall reside, and each and every of them is hereby required to ascertain by every means in his power, whether there is or are any person or persons in such District, who sell, vend, or bat ter, directly or indirectly, any Wine or Spirituous Liquors by retail without a Licence, or who shall have in his, her, or their possession any still or stills, (See 44th Geo. III. used in distilling any Spirituous Liquors, without licence for so doing, or whether any person or persons having received a licence for any still or stills, do make use of any still or stills other than such as shall have been so licenced, or shall use any still or stills of greater capacity than such as shall have been specified by the person or persons using the same to the said Inspector, and if it shall appear to the said Inspector that there is, or are any such person or persons selling any Wine or Spirituous Liquors without li cence, by retail, or shall have in his, her or their possession, and shall use any still or stills without licence, or shall use any larger still or stills than such as shall have been licenced as aforesaid, the said Inspector is hereby authorised and required to proceed against such offender or offenders, in the same manner and form as any complainant is directed in the before recited Acts, or any of them, and such offender or offenders shall be convicted in the same manner and form, and be subject to the same pains and penalties, as directed and imposed by the said before recited Acts, or any of them, and the said penalty and penalties so inflicted or imposed, shall be disposed of and paid in the same manner as directed and required by the said Acts, or any of them. Inspector of the District to render account to the Inspector Gene ral of the Province. Allowance to the In V.-[Repealed by 56th Geo. III. c 3, s 1.] VI. And be it further enacted by the authority aforesaid, That it shall and spector of the District. may be lawful to and for each and every Inspector, out of all and every the sum or sums of money which under and by virtue of this Act he shall collect, receive and account for, from any person or persons to be licenced to sell or distil any Spirituous Liquors under and by virtue of the before recited Acts, or any of them, to take and retain, over and above such sum or sums of money as is, or are herein after allowed him, to his own use and benefit, a |