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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 lo 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, Grants to two or more That all Grants of the Waste Lands of the Crown, which, previous to the persons and their heirs said first day of July, in the year of our Lord one thousand eight hundred, to be construed 'o ope. rate as giving estates in passed the Great Seal of this Province to two or more persons and their common unless express

heirs, shall, from and after the day of the date of such Grants respectively, ed in such grant to be to the use of suchi gran be taken and construed in all Courts of Law and Equity, to enure and ope· tees as joint tenants.

rate 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. .

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The rights of purcha. II. Provided always nevertheless, and it is hereby declared, That nothing not to be impeached.

c. herein contained shall extend, or be construed to extend to impeach, or in

nereins contamed Shan
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.

CH A P. V.

Recital.

An Act to enable MARRIED WOMEN baving REAL ESTATE, more conveniently lo
ALIEN and CONVEY the same.

[ 5th March, 1803.] THEREAS 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 Aci 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," 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.

and by the authority of the same, That from and after the first day of April, it shall be lawful in this present year one thousand eight hundred and three, it shall and may for any married wo be lawful to and for any Married Woman having real estate in this Province, man having real es. tete, ly deed, jointly and being above the age of twenty-one years, with the knowledge and con with her husband, to alien, &c.

sent

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II. Provided nevertheless, and it is hereby declared, That nothing in such Such married woman: Deed contained, shall have any force or effect to bar such Married Woman,

au, court, touching her code or ber said husband, or her heirs, during the continuance of the coverture, or sent. 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.

and without coil such estateze time of the

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 cortificate of freely consent to depart with, alien and convey her said real estate, without

without such married woman's

consent to be endorsed coercion, or sear of coercion on the part.of her husband, or any other person, on the deed. 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 puisne Judge of the said Court, i or hy the said Judge before whom the same shall be taken at the said Sit

tings, 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 Fees for such certif. when taken by a Judge'during the Sittings, or upon the Circuit, or at Cham-ca bers, the Judge's Marshall.shall be entitled to demand and receive the like sum of five shillings, as a see sor such certificate.

cate.

IV. Provided also, and it is hereby further enacted by the authority aforesaid,

Such deeds to have That notning in this Act contained shall be taken or construed to give to such

10 such no other force or affect Deeds so executed as aforesaid, so far as relates to the Married Woman or than they would have the interests of herself, or those claiming under her, any greater or other force ried woman had been or effect, than the same would have had in casé such Married Woman had sole. been sole at the time of executing the same.

bad in case such mar

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..O HA P. VI. 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 IN different parts of this Province.”

[Repealed by 47 Geo. III. c 2.]

CH A P. VII.

An Act to repeal for a limited time, part of an Act passed in the thirty-fourth year of Ilis Mas

jesty's Reign, intitulcd, “ An Act for the REGULATION OF JURIES.

[ Expired, 16th March, 1808. ]

C HA P. VIII.

An Act to authorize the ATTORNEYS now Practicing, or hereaster to be duly aumitted to

Practice, to take such number of CLERKS as therein mentioned.

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Preambie.

An Act for the better securing to His Majesty, His Heirs and Successors, the due COLLEC-
TION and RECEIPT of certain DUTIES therein mentioned..

[ 5th March, 1803. }
(THEREAS the regulations and usages which have heretofore been es.

VV tablished and hitherto observed in the issuing of Licences 10 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 circuitous, and thereby injurious to His Majesty's revenue arising therefrom, for 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, constituicd 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

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more effectual provision for the Governnient 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 alier the fifth Repeal of former Acts.. 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, 33d Geo. III. c 18

--34 c 11-31 c 12-. "An Act to establish a further fuod, for the payment of the Salaries of the züc3 3.37cii Oficers 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 Sulls ;" an Act passed in the same thirty-fourth year of His Majesty's reign, intituled, "An Act for regulating the inanner of Licencing Public Houses, and for the more easy convicting of persons selling Spirituous Liquors without Licence ;” an Aet 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 convicting of Persons selling Spirituous Liquors ivithout Licence ;" and an Act passed in the thirty-seventh year of His Majesty's reign, intituled, 6 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 them, or which authorize the said Secretary, bis Agents of Deputies, or any of them, to receive, distribüte, or account for any 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 container, 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.

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 continue Inspectors to he ap

pointed in each Dige ance of this Act, to and for the Governor, Lieutenant Governor, or Person Price Administering the Government in this Province for the time being, by an instrument in writing under his hand and scal, 10 alitborize, 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 fron; 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 hve 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 authorilics, and shall, and are hereby severally required to exercise, perform and fulfil, all and singular the duties required of or imposed upon ihe said

Secretary

Secretary of the Province, his Deputies or Agents, or any of then,, 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.

Sfode of obtaining Ligences.

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 Licencc or Licences, under the provisions of the said last live recited Acts, or any of them, shall, under the respective restrictions and penalties therein severally speciGed and contained, and in manner and form therein and thereby respectively directed, make such application, and in and by a writtenrequisition, 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 Inspectors to ascer. tain 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 Licence, or using Stills without licence or larg. them is hereby required to ascertain by every means in his power, whether er stills than those licen- the

: there is or are any person or persons in such District, who sell, vend, or barced, and to proceed aguinst offenders. 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. c

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 guch as shall have been specified by the person or persons using the same to the said lospector, 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 coniplainant 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 Dis. trict to render account V.- [Repealed by 56th Geo. III. c 3, $ 1.] to the Inspector General of the Province.

VI. And be it further enacted by the authority aforesaid, That it shall and Allowance to the In-mou holowfultond for each o spector of the District. tay ve TAWIUI to and for each a

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,

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