Governor, &c. empowered to authorise certain persons to arThis Act. rest offenders against Offenders to depart the Province, or give security, &c. Province," and by the authority of the same, That from and after the passing of this Act, it shall and may be lawful for the Governor, Lieutenant Governor, or Person administering the Government of this Province, for the Members of the Legislative and Executive Councils, the Judges of His Majesty's Court of King's Bench for the time being, respectively, or for any person or persons authorized in that behalf, by an instrument under the hand and seal of the Governor, Lieutenant Governor, or Person administering the Government for the time being, or any one or more of them, jointly or separately, by warrant or warrants under his or their hand and seal, or hands and seals, to arrest any person or persons, not having been an inhabitant or inhabitants of this Province for the space of six months next preceding the date of such warrant or warrants, or not having taken the oath of allegiance to our Sovereign Lord the King, who by words, actions or other behaviour or conduct, hath or have endeavoured, or hath or have given just cause to suspect that he, she or they is or are about to endeavour to alienate the minds of His Majesty's subjects of this Province from his person or government, or in any wise with a seditious intent to disturb the tranquility thereof, to the end that such person or persons shall forthwith be brought before the said person or persons so granting such warrant or warrants against him, her or them, or any other person or persons duly authorized to grant such warrant or warrants by virtue of this Act; And if such person or persons, not being such inhabitant or inhabitants as aforesaid, or not having taken such oath of allegiance, shall not give to the person or persons so granting such warrant or warrants, or so authorized as aforesaid, before whom he, she or they shall be brought, full and complete satisfaction that his, her or their words, actions, conduct or behaviour had no such tendency, or were not intended to promote or encourage disaffection to His Majesty's person or government, it shall and may be lawful for each or any of the said persons so granting such warrant or warrants, or so authorized as aforesaid, and he and they is and are hereby required to deliver an order or orders in writing, to such person or persons, not being such inhabitant or inhabitants as aforesaid, or not having taken such oath of Allegiance, requiring of him, her or then to depart this Province within a time to be limited by such order or orders, or if it shall be deemed expedient that he, she or they should be permitted to remain in this Province, to require from him, her or them good and sufficient security, to the satisfaction of the person or persons acting under the authority hereby given, for his, her or their good behaviour, during his, her or their continuance therein. II. And be it further enacted by the authority aforesaid, That if any person or persons, not being such inhabitant or inhabitants as aforesaid, or not hav ing taken such oath of allegiance, who by any order or orders so delivered to him, her or them, is or are required to depart this Province within a time limited by that order, should by sickness or other impediment, be prevented from paying due obedience to the same, it shall and may be lawful for the person or persons who hath or have issued such order or orders as aforesaid, or for any other person or persons as aforesaid, authorized by this Act so to do (the person or persons acting under the authority hereby given, being first satisfied that such impediment by sickness or otherwise, ought to be admit ted as a reason for such order as aforesaid not having been obeyed) by an indorsement Time or offenders departing the Province may be enlarged. If after security gi to suspect, &c. Such person to be indorsement in writing upon the said order or orders, or otherwise in writing, to enlarge the time specified in the said order or orders, from time to time as occasion may require, and if any person or persons so having been required or ordered to quit this Province as aforesaid, and not having obtained an enlargement of such time, in manner herein before specified, shall be found at large therein, or return thereunto after the time limited by any or either of such orders, without licence from the Governor, Lieutenant Governor, or Person administering the Government for the time being, in that behalf, or in case any person or persons who shall have been served with any or either of such order or orders as aforesaid, or who shall have been permitted to remain in this Province, upon such security as aforesaid, shall by words, actions or otherwise, endeavour or give just cause to suspect that ven, person give cause he, she or they is or are about to endeavour to alienate the minds of His Majesty's subjects of this Province fron his Person or Government, or in any wise with a seditious intent to disturb the tranquility thereof, it shall and may be lawful for any one or more of the said person or persons so authorized by this Act as aforesaid, and he and they is, and are hereby required, by warrant or warrants under his or their hand and seal, or hands and seals, to commit such person or persons so remaining at large, or returning into this Province without such licence as aforesaid, or so endeavouring or giving committed cause to suspect, that he, she or they is or are about to endeavour so to alienate the minds of His Majesty's subjects of this Province, or in any wise, with a seditious intent, to disturb the tranquility thereof, to the common Gaol or to the custody of the Sheriff of the District, in such Districts in which there shall be no gaol at that time, there to remain without bail or mainprize, unless delivered therefrom by special order from the Governor, Lieutenant Governor, or Person administering the Government for the time being, until he, she or they can be prosecuted for such offence in His Majesty's Court of King's Bench, or of Oyer and Terminer and General Gaol Delivery in this Province, or under any special commission of Oyer and Terminer to be issued by the Governor, Lieutenant Governor, or Person administering the Government of this Province for the time being; and if such person or persons, not being such inhabitant or inhabitants as aforesaid, or not having taken such oath of allegiance, shall be duly convicted of any of the offences herein before described, in either of the said Courts respectively, he, she or they shall be adjudged by such Court, forthwith to depart this Province, or to be imprisoned in the Common Gaol, or be delivered over to the custody of the Sheriff in such Districts in which there shall be no gaol at that time, for a time to be limited by such judgment, and at the expiration of that time to depart this Province; and if such person or persons so convicted as aforesaid, shall remain in this Province, or return thereinto after the expiration of the time to be limited by the said judgment, without licence from the Governor, Lieutenant Governor, or Person administering the Government for the time being, in that behalf first had and obtained, such person or persons on being duly convicted of so remaining or returning, before either of the said Courts, shall be deemed guilty of felony, and shall suffer death as a felon, without benefit of Clergy. Provided always, That if in the execution of the powers hereby given, any question shall arise touching or concerning the space of person charged. time during which any person or persons shall have been an inhabitant or inhabitants of this Province previous to any warrant or warrants having been Punishment if con victed. Proof to lay on the issued against him, her or them, or touching or concerning the fact of any person or persons having taken such oath of allegiance, the proof shall, in all such cases, lay on the party or parties against whom any such warrant or warrants shall, in virtue of the powers hereby given, have been granted or issued. III. And be it further enacted by the authority aforesaid, 'That if any person or persons, at any time, shall be sued or prosecuted for any thing by nim or them done, in pursuance, or by colour of this Act, or of any matter or thing therein contained, such action or prosecution shall be commenced within three calendar months next after the offence shall have been committed, and such person or persons may plead the general issue, and give the special matter in evidence for his, hier or their defence, and if, upon trial, a verdict shall pass for the detendant or defendants, or the plaintiff or plaintiffs shall become nonsuited, or shall discontinue his, her or their suit or prosecution, or if judgment be given for the defendant or defendants upon demurrer or otherwise, such defendant or defendants shall have treble costs to him or them awarded against the plaintiff or plaintiffs. Preamble. CHA P. II. An Act for the Exemplary Punishment of all and every Person and Persons who shall seduce, [9th March, 1804.] W HEREAS pernicious practices have for some time past prevailed in this Province, by evil disposed persons disaffected to His Majesty's Government, and particularly to the Military Service thereof, in seducing and deluding His Subjects who had engaged themselves as Soldiers in such Service, and prevailing on them to desert, and also in harbouring, assisting and concealing such Deserters; for remedy whereof for the future, and for the examplary punishment of such persons in such cases offending, 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 Up 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 passing of this Act, if any person or persons whomsoever (other than such as are, or shall be enlisted as Soldiers) shall, by wards or with money, or by any other ways or means whatsoever, directly or indirectly, preorder him to pay 401. vail upon, procure, pursuade, or encourage, or endeavour or attempt to pre Any person procuring. pursuading, &c. committed to gaol for expedient, judge may 6 months, and if found and if not paid to be publicly whipped. vail prevail upon, procure, pursuade or encourage any such Soldier or Soldiers to desert or leave His Majesty's service, and shall be thereof lawfully convicted, the Court or Judge before whom such offender shall be so convicted, shall immediately on such conviction, award and adjudge such person and persons so convicted as aforesaid, to be committed to the common Gaol of the District where such offender shall be so tried, there to remain without Bail or Mainprize for the space of six calendar months; and if from the citcumstances and heinousness of the crime, it shall be thought proper and expedient to increase the punishment, such Court or Judge shall also further award and adjudge, that such offender so convicted as aforesaid, shall forfeit and pay a sum not exceeding forty pounds, and if such offender shall not on or before the third day previous to the expiration of such imprisonment as aforesaid, pay such fine, then in such case the said offender shall be publicly whipped. II. And be it further enacted by the authority aforesaid, That if any person from and after the passing of this Act, shall harbour, conceal, receive or assist any Deserter from His Majesty's service, knowing him to be such, such person so offending shall forfeit the sum of twenty pounds, and if such sum of twenty pounds shall not immediately on such conviction being pronounced, be paid into Court, the Court or Judge before whom such conviction shall be had, shall forthwith award, order and adjudge such offender to be committed to the common Gaol of the District in which such offender shall be so convicted, there to remain without Bail or Mainprize, for the space of three calendar months, or until such time, not exceeding three calendar months, as the said sum of twenty pounds shall be paid. III. Provided nevertheless, That no conviction shall be pronounced under the authority of this Act, in any Court or Jurisdiction whatsoever in this Province, save and except by indictment preferred or presented before a Court, or Judge or Judges sitting in the execution of a Commission of Oyer and Terminer and General Gaol Delivery; nor shall any prosecution be carried on by virtue of this Act, if the same shall not be commenced, within six calendar months next after the offence shall be charged to have been committed, unless the offender shall within the said six months have departed and left the Province, in which case it shall and may be lawful to commence such prosecution at any time within six calendar months next after such of fender's return into the Province, and to carry on the same to conviction; but it is hereby declared, that the issuing any warrant for the apprehending of any person charged with any offence against this Act, by any one of His Majesty's Justices of the Peace for this Province, shall be held and deemed to be a commencement of a prosecution, within the true meaning of the provisions herein in that respect contained. Justices to issue war IV. And be it enacted by the authority aforesaid, That in order the more effectually to prevent the escape of any such offender or offenders as afore- rants. said, it shall and may be lawful at any time from and after the passing of this Act, to and for any one or more of His Majesty's Justices of the 'eace, on due proof upon oath being made before him or them, that any person has committed any one of the offences herein before described, to issue his or T 2 their and to commit. or Bail, &c. Provision for cases in which there shall be no common gaol in the District. their warrant or warrants for the apprehension of such offender or offenders, or person or persons charged with such offence, and to cause such offender or offenders, or such person or persons so charged as aforesaid, to be brought before him or them, and upon the examination of such offender or offenders, and hearing the evidence, such Justice or Justices of the Peace shall discharge or commit to prison, or shall Bail such offender or offenders, in like manner as by law any other person or persons charged criminally is or are dealt with; save and except, that if such Justice or Justices shall be satisfied with the evidence against such offender or offenders, such Justice or Justices shall commit such offender or offenders to the common Gaol of the District, or in case there shall be no Gaol in that District, to the common Gaol of any adjoining District, and such offender and offenders shall remain so committed until his, or her or their trial shall be brought on, unless such offender or offenders shall, with two good and sufficient sureties, to the satisfaction of the said Justice or Justices, become bound by recognizance to our Sovereign Lord the King, in manner hereinafter specified, (that is to say) if the said offender shall be charged with having committed any offence against the provisions in the first Section of this Act contained, then such offender or person so charged, shall become bound in the sum of two hundred pounds, and each of such sureties in the sum of one hundred pounds, and if such offender shall be charged with having committed any offence against the provisions in the second Section of this Act contained, then such offender or person so charged, shall become bound in the sum of forty pounds, and each of such sureties in the sum of twenty pounds, conditioned in each of such recognizances, for the appearance of such person so charged with any offence against this Act, at the then next Assizes, or Session of Oyer and Terminer and General Gaol Delivery, to be holden for the District where such offence shall be charged to be committed, or at such other or future Assizes or Session of Oyer and Terminer and General Gaol Delivery, to which the trial of such offender shall for just cause be adjourned. V. Provided likewise, and be it further enacted, That if it shall happen that any conviction under this Act shall take place in any District where there shall be no common Gaol at the time of such conviction, it shall and may be lawful to and for the Court or Judge before whom such conviction shall be had, to award, order and adjudge, that any such offender or offenders so to be convicted, shall be committed to the common Gaol of any adjoining District, in which there shall at that time be a Gaol, and also to order and adjudge, that any further punishment to be inflicted under the authority of this Act, shall be inflicted either in the District where such conviction shall take place, or in the District to the Gaol of which such offender shall be committed, as to such Judge or Court shall seem meet: And in case of any commitment by any Justice or Justices of the Peace before trial, or of any commitment by any such Court, or Judge or Judges as aforesaid after conviction, under the authority by this Act given, the Treasurer and Gaoler of the District to the Gaol of which such offender, or person charged with or convicted of any offence against this Act shall be committed, are, and each Allowance to pri- of them is hereby respectively required, to allow to each person during his or her commitment or confinement there, such and the like maintenance and subsistence as is by law allowed to persons in custody under any criminal soners. charge; |