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charge; and the Treasurer of the District from which such offender or person so charged or convicted shall be so sent, shall, and he is hereby required, to reimburse and pay to the Treasurer of the District in which such person shall have been confined, out of the first monies which shall come to his hands, such sum and sums of money as shall have been so lawfully expended, according to the provisions in that respect herein before contained, for the maintenance and subsistence of any such person or persons as aforesaid.

VI. And be it further enacted, That in case any such person or persons as aforesaid shall, by virtue of this Act, be committed before trial to any Gaol other than the Gaol of the District in which the offence shall be charged to have been committed, the Sheriff of the District in which such offence shall be charged to have been committed, shall, and he is hereby required and commanded, immediately before the Assize or Session at which any trial for any offence against this Act shall be had, to convey such person so charged from the Gaol in which he or she shall be so confined, to the District where such offence was charged to be committed, and there to keep him or her in close custody and confinement, and have such person ready to take his or her trial at the Assizes or Session of Oyer and Terminer then next ensuing: And all and every Sheriff and Sheriffs, Constable and Peace Officers of this Province, is and are hereby required and commanded to execute and obey all and every warrant and warrants, order and orders, sentence and sentences, which shall be pronounced or issued by any such Court or Judge, Justice or Justices, as are herein before mentioned, for the purpose of carrying the provisions of this Act into execution.

Sheriffs and Peace Officers to execute warrants, &c.

Fines to be account.

VII. And be it further enacted by the authority aforesaid, That all the fines, forfeitures and penalties that shall be incurred under and by virtue of this Act, shall be accounted for to His Majesty, his Heirs and Successors, to and ed for. for the public uses of this Province, through the Lords Commissioners of His Majesty's Treasury for the time being, in such manner and form as it shall please His Majesty to direct.

CHA P. III.

An Act to repeal certain parts of an Act passed in the thirty-fourth year of His Majesty's
Reign, intituled, "An Act to Establish a SUPERIOR COURT of CIVIL and CRIMINAL
JURISDICTION, and to regulate the COURT of APPEAL," and to authorise His Majesty's
Court of King's Bench in this Province, to regulate certain FEES, COSTS and CHARGES
therein mentioned.

34th Geo. III. c 2.

[Repealed by 50th Geo. III. c 9.]

CHA P. IV.

Preamble,

Former Act authorising Town Meetings, to restrain Sheep run ning at large repealed.

Rams not to run at

large between 1st of

September and 20th of

December.

Penalty for offences against this Act.

Half the penalty to

General.

CHA P. IV.

An Act to repeal so much of an Act passed in the thirty-fourth year of His Majesty's Reign,
intituled, "An Act to restrain the custom of permitting HORNED CATTLE, HORSES,
SHEEP and SWINE to run at large," as relates to SHEEP, and to restrain the Owners of
RAMS from permitting them to run at large during a certain time of the year.

[9th March, 1804.]

HEREAS it would tend to improve the breed and increase the number of Sheep, if the owners of Rains were restrained by law from permitting them to run at large during a certain time of the year; 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 so much of an Act passed in the thirty-fourth year of His Majesty's Reign, intituled, " An Act to restrain the custom of permitting Horned Cattle, Horses, Sheep and Swine to run at large," as empowers or authorises the inhabitant householders, or the greater part of them in every District within this Province in their annual Town Meetings, to ascertain and determine in what manner and at what periods Sheep shall be allowed to run at large within their respective divisions, or to resolve that the same or any part thereof, shall be restrained from so doing, shall be and the same is hereby repealed.

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Il. And be it further enacted, That from and after the passing of this Act, it shall not be lawful for any person or persons within this Province, to have any Ram or Rams going at large within the said Province, from the first day, of September until the twentieth day of December in each year, and if any Ram or Rams belonging to any such person or persons as aforesaid, shall be found going at large as aforesaid, such person or persons shall for every such Ram going at large as aforesaid, between the said first day of September and the said twentieth day of December, forfeit and pay the sum of twenty shillings, which shall be recovered in a summary way before any one of His Majesty's Justices of the Peace, either upon the confession of the party complained of, or upon the oath of one credible witness, which sum, after the party shall be so convicted, shall be levied by distress and sale of the offender's goods and chattels, returning the overplus, if any shall arise upon such sale, to the party complained of, after deducting the said sum of twenty shillings and the charges of the sale.

HII. And be it further enacted by the authority aforesaid, That one half of be paid to the Receiver the said sum of twenty shillings, shall be paid to the informer, and the other half shall be paid to the Receiver General, to and for the public uses of this Province.

How Rams to be

IV. and whereas difficulty may arise in ascertaining to whom any Ram or Rams which shall be found running at large, between the said first day of September and the twentieth day of December, in this present or any subsequent year, may belong, Be it therefore enacted by the authority aforesaid, That it shall and inay be lawful for any person or persons finding such Ram or Rams at large during the aforesaid time, contrary to the Provisions of this Act, to impound such Rain or Rams in the common Pound, or confine such Ram or Rams in some building within the township, where such Ram or Rams shall be so found, and to affix notice in writing, under the signature of such person or persons so impounding or confining such Ram or Rams, on the outside of such pound or building, and also in some other conspicuous place in the said township, (which notice shall be dated on the day on which the same shall be so affixed) of such Ram or Rams having been found at large contrary to law, and being impounded or confined, either in the common pound or some other building to be described in such notice (as the case may be) and such person or persons shall immediately proceed to bring to conviction such owner or owners; and if the owner or owners of such Ram or Rams, shall not within seven days after such notice shall be so given, dealt with, if difficulty pay the said sum of twenty shillings, together with the pound-keeper's fees, arises to whom they and the costs and charges attending the support and feeding such Ram or belong. Rams during his or their confinement, (such costs and charges to be ascertained and adjudged by the Magistrate before whom any conviction shall take place by virtue of this Act) it shall and may be lawful to and for the person or persons who shall so have impounded or confined such Ram or Rams, and who shall have convicted the owner or owners of such Ram or Rams, of having offended against this Act, to expose such Ram or Rams to sale, and out of the money arising from such sale, to pay such sum of twenty shillings, together with such costs and charges as aforesaid, in case the proceeds of such sales shall be found sufficient to pay the same, and if more than sufficient, to return the overplus to the owner or owners of such Ram or Rams, and if such proceeds shall be found insufficient for the purposes aforesaid, then, and in such case, such proceeds shall, in the first place, be applied in payment of the pound-keeper's fees and the costs and charges attending the supporting and feeding such Ram or Rams, and the remainder to be applied in manner following, viz: one half of such remainder to the informer, and the other half to His Majesty's Receiver General, for the public uses of this Province.

arising from sale of Rams under this Act.

Disposition of money

No prosecution un

V. And be it further enacted, That no prosecution shall be carried on under the authority of this Act, unless the same shall be commenced within eight days after any Ram or Rams shall be found running at large, contrary to the less within 8 days. provistons herein contained, nor shall any distress be levied under the authority of this Act, in any case where any Ram or Rams so impounded or confined as aforesaid, shall have been sold under the provisions herein contained, but the proceeds of such sale or sales only, shall at all times be deemed and considered as liable to satisfy the penalty and all costs by this Act intended to be imposed.

VI. And be it further enacted by the authority aforesaid, That all such parts of Forfeitures and pethe forfeitures and penalties as are by this Act directed to be paid to this Ma- nalties to be accounted U 2

Lor.

jesty's

jesty's Receiver General, to and for the Public uses of this Province, shall be accounted for to His Majesty, His Heirs and Successors, through the Lords (See 34th Geo. III. Commissioners of His Majesty's Treasury in such manner and form as His Majesty, His Heirs and Successors shall be graciously pleased to direct.

c 8.& 43rd c 10.)

41st Geo. III. c 12.

Former Act relative

to Printing the Jour

nals repealed.

3001. to be appropriated during the present year for printing all the Acts of the Province.

Disposition of the Acts to be printed.

801. appropriated for

the Laws.

CHAP. V.

An Act to PROMULGATE the PROVINCIAL STATUTES, and also to repeal so much of an Act passed in the forty-first year of the reign of His present Majesty, as relates to PRINTING the JOURNALS.

9th March, 1804. ]

E 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 authority of the same, That so much of an Act passed in the fortyfirst year of the reign of His present Majesty, intituled "An Act for granting to His Majesty a certain sum of money out of the Provincial Fund, to defray the payment of the Salaries of the Officers of the Legislative Council and House of Assembly, (including the Commissioners to Lower-Canada) and to defray the contingent expences thereof, and further to appropriate the supplies and provide for the payment of the same hereafter," as relates to Printing and Publishing the Journals, shall be, and the same is hereby repealed.

II.

III. And be it further enacted by the authority aforesaid, That the said Clerk shall as soon as possible after receiving the said Acts, send four copies of them to each Member of the Legislative and Executive Councils; four copies to each of the Judges of the Court of King's Bench, and the like number to His Majesty's Attorney General, and also twenty copies to each Member of the present House of Assembly, to be by them distributed in such manner as will best tend to promulgate a general knowledge of the Laws.

IV. And be it further enacted by the authority aforesaid, That out of the the annual printing of said sum of three hundred pounds, shall be appropriated after the present year the sum of eighty pounds for the annual Printing of such Laws as may hereafter be passed.

CHAP. VI.

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An Act for granting to His Majesty a certain sum of Money out of the Funds applicable to the uses of this Province, to defray the expences of amending and repairing the PUBLIC HIGHWAYS and ROADS, laying out and opening new ROADS, and building BRIDGES in the several Districts thereof.

[Repealed by 46th Geo. III. c 4.]

Grants £1000 to be disposed of by Commissioners, in repairing Public High Ways,

CHAP. VII.

An Act to explain and amend an Act passed in the forty-third year of His Majesty's Reign, intituled," An Act for the better securing to His Majesty, his Heirs and Successors, the DUE COLLECTION and RECEIPT of certain DUTIES therein mentioned.”

WHE

[9th March, 1804.]

HEREAS it is expedient to remove certain doubts which have been entertained respecting the property of Executors, Administrators and Devisees, in the unexpired term of Licences for using and working Stills, granted to persons dying within the period of such Licence, and respecting the right of removing and transferring any Stills, or assigning any Licences for the using or working of any Still or Stills for the unexpired term 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 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 in case of the death of any person having taken out a Licence to work a still or stills, and the executor, administrator or devisee of such still or stills, or any purchaser or purchasers from such executor, administrator or devisee, shall be minded or desirous of working the same for the remainder of the term for which such Licence or Licences shall have been granted, such executor, administrator or devisee, or such purchaser or purchasers as aforesaid, shall, and he and they is and are hereby required within twenty days after such death, to give notice thereof in writing to the Inspector of the District in which such still or stills is or are intended to be worked, and also to make a requisition upon the said Inspector for a Licence to be granted to such executor, administrator, devisee, purchaser or purchasers, to work such still or stills for the remainder of the term for which the Licence was originally granted to the testator or intestate, under whom the said executor, administrator or devisee claims title to such still or stills; and in case of such requisition being made by any purchaser or purchasers, from such executor, administrator or de

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