Clerk to be appoint ed by the commission ers. XIII. And be it further enacted by the authority aforesaid, That the said Commissioners shall have power and authority to employ some fit and proper person as Clerk to the said Commission, and that such Clerk shall be auFees allowed to the thorised to ask and receive for setting down, for hearing any claim, and for making up a report of the same, the sum of five shillings. Clerk, For a copy of the order respecting each claim, two shillings and six pence. For every summons, signed by one or more Commissioner or Commissioners, for the attendance of any witness or witnesses, two shillings and six pence: For every commission for the examination of witnesses, twenty shillings, XIV. And be it further enacted by the authority aforesaid, That this Act shall be read by the Clerk of the Peace, at the opening of every General General Quarter Ses Quarter Sessions of the Peace, which shall be held in each and every District of this Province, during the term for which it shall continue to be in force. Act to be read at the sious of the Peace. XV. And be it further enacted by the authority aforesaid, That this Act shall Continuance of this continue and remain in force until the first day of April in the year of Our Lord one thousand eight hundred and eight, and no longer. Act. Preamble. CHA P. III. An Act to Regulate the TRIAL of Controverted Elections, or RETURNS of MEMBERS to [2d March, 1805.] HEREAS the present mode of decision in this Province, upon Petition complaining of undue Elections, or Returns of Members to serve in the Parliament thereof, is defective, for want of those sanctions and solemnities which are established by law in other trials, and is attended with many inconveniences: For remedy, 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 every Petition complaining of an undue Election, or return On complaints of un- of a Member, or Members, to serve in the House of Assembly, shall contain be fixed for considering the grounds and reason of complaint, and in case the House of Assembly shall think such grounds and reasons (if true) sufficient to make the Election void, a day and hour shall, by the said House be appointed, for taking the same into consideration, and notice thereof, in writing, shall be forthwith due election, a time to thereof, given by the Speaker, to the petitioners, and the sitting Member, or Members, or their respective agents, accompanied with an order to them to attend the House at the time appointed, either in person, or by their counsel or agents. Time of taking the petition into considera II. Provided always, That no such Petition shall be taken into consideration within fourteen days after the same shall have been first read in the tion. House by the Clerk, unless by consent of parties. Manner of taking the said petition into con. III. And be it further enacted by the authority aforesaid, That at the time appointed for taking such petition into consideration, and after reading the sideration. order of the day for that purpose, the House shall be cleared, and the Members thereof (excepting the Member or Members whose election shall be contested) with the Speaker, shall be sworn at the Table, well and truly to try the matter of the petition referred to them, and a true judgment give, according to the evidence; the Speaker shall then take the chair, the doors shall be opened, and the petitioners, their counsel, or agent shall attend. Method of examining witnesses for the IV. And be it further enacted by the authority aforesaid, That the witnesses for the petitioners shall be ordered by the Speaker to retire without the House, and the petitioners, their counsel, or agent, shall call them in one by petitioner. one, for examination, and each and every witness, as aforesaid, shall be sworn at the Bar of the House, and the names of the witnesses, for either party, shall be given in to the Clerk of the House, before they are sworn. Method of examin sitting Member. V. And be it further enacted by the authority aforesaid, That after the witnesses for the petitioners shall have beer fully examined, the sitting Mem- ing witnesses for the ber, or Members, shall be requested by the Speaker, to make a defence, and the witnesses for the said sitting Member or Members, shall be ordered to retire, shall be separately called in for examination, and shall be sworn in manner aforesaid; Provided nevertheless, That whenever any Member of the House shall be a witness for either party, he shall not be obliged to retire, as aforesaid; but he shall be sworn in his place. Sitting Member int to vote in course of the trial. VI. And be it further enacted by the authority aforesaid, That the said sitting Member or Members, whose election shall be contested, as aforesaid, shall allowed not be allowed to vote upon any question, which shall arise in the course of the trial, or upon the determination thereof. VII. Provided always, That no such determination as aforesaid, shall be made, nor any question he proposed, unless there be a quorum of the House; and no Member shall have a vote on such determination, or any other question, or resolution, who has not attended during the whole of the trial. No Member to vote who has not:attended during the whole of the trial. Persons swearing falsely, shall incur the VIII. And be it further enacted by the authority aforesaid, That the oaths by this Act directed to be taken, shall be administered by the Clerk of the House, peualties of perjury. and that any person who shall be guilty of wilful and corrupt perjury, in any evidence which he shall give before the House, in consequence of the oath, which he shall have taken by the direction of this Act, shall, on conviction thereof, thereof, incur, and suffer the like paips and penalties, to which any other CHA P. IV. An Act to ratify and confirm certain PROVISIONAL ARTICLES of Agreement, entered into by the respective COMMISSIONERS of this Province and Lower Canada, at Montreal, on the fifth day of July, one thousand eight hundred and four, relating to DUTIES, and for carry. ing the same into effect; and also to continue an Act passed in the thirty-ninth year of His Majesty's Reign, and continued by an Act passed in the forty-first year of His Majesty's Reign. [Expired. See 58th Geo. III. c 13.} Preamble, Part of an Act pass ed in the 42 year of His Majesty's Reign repealed. (42d Geo. III. e 2.) Magistrates of the District of Newcastle place in the townships of Haldimand or Haa gaol and co irt-house. to appoint a proper CHAP. V. An Act to alter certain parts of an Act, passed in the forty second year of His Majesty's [ 2d March, 1805.] HEREAS the place appointed by Law, for building a Gaol and Court House, in the District of Newcastle, is inconvenient for the inhabitants of the said District; 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 forty-second year of His Majesty's Reign, intituled, " An Act to provide for the administration of Justice in the District of Newcastle," as directs, that a Gaol and Court House shall be built in the Town of Newcastle, shall be repealed, and that it shall and may be lawful for His Majesjesty's Justices of the Peace in and for the said District of Newcastle, or the greater part of them, in the first General Quarter Sessions after the passing of this Act, assembled, to appoint some fit and proper place, in either of the Townships of Haldimand, or Hamilton, within the said District of Newcas tle, where a Gaol and Court House may be built, in the same manner that a Gaol and Court House is at present directed to be built, within the said Town of Newcastle, any law to the contrary notwithstanding. Court Gaol and House not to be built on any reserve; or on II. Provided, That nothing in this Act shall extend, or be construed to extend, to authorise the said Justices of the Peace, to fix the place for building the said Gaol and Court House, on any reserve of the Crown or Clergy, or private property, withon Land belonging to any person or persons, without permission first obtained from the Government, or from the owner or owners of said Land. III. Provided always, and be it further enacted by the authority aforesaid, That unless such Gaol and Court House shall be built and finished within two years from the passing of this Act, so that prisoners may be confined in the one, and the different Courts of Justice be properly accommodated in the other, then, and in such case, this Act shall be, and the same is hereby declared to be null and void. out permission. Gaol and Court He to be built within two years. CHAP. VI. An Act to make provision for further appointments of PARISH and TOWN OFFICERS throughout this Province. [2d March, 1805.] 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 so much of the fifth clause of an Act passed in the thirty-third year of His Majesty's Reign, intituled " An Act to provide for the Geo. 3d repealed. nomination and appointment of Parish and Town Officers, within this Province" as limits the number of Overseers of Highways, to be chosen under and by virtue of the authority of that Act, to six, be and the same is hereby repealed. Part of the 33d of Number of overseers of the Highways to be Meetings. chosen at the Town II. And be it further enacted by the authority aforesaid, That it shall and may be lawful for the inhabitant householders, assembled under and by virtue of the authority of the said. Act, in their annual Town Meetings, to choose and nominate, under, and agreeably to the provisions of the said Act, not less than two, nor more than twelve (a) persons, to serve the said office of (a) See 59 Geo. III. Overseers of the Highways, for such Parish, Town, or Township. c. 8 (See 33 Geo. II. e. 2.) CHAP. VII. An Act for the relief of INSOLVENT DEBTORS. [2d March, 1805.] THEREAS no special provision has been made by law, since the division of the Province of Quebec, for the support of Insolvent Debtors detained in execution; and whereas it is inexpedient that the support of such, should depend upon the District, or the precarious charity of individuals: 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 ef fectual 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 if any prisoner, in execution for debt, shall apply to the Court, whence such execution issued, and make oath, that he or she, is not worth Five Pounds, the plaintiff, at whose suit he or she is detained, shall be ordered by the said Court, by rule, to be served on the plaintiff or the attorney, to pay to the defendant in execution, the sum of five shillings, weekly maintenance, so long as he, or she shall be detained in prison, at the suit of the plaintiff, and that such payment shall be made in advance, to the prisoner or gaoler, for his or her use, on Monday in every week; on failure of which, the Court from whence the execution issued, shall order the defendant to be released. Provided always, That the plaintiff shall not be obliged to make such payment, if he can prove, to the satisfaction of the Court, that the defendant has secreted, or conveyed away, his or her effects, to defraud his or her creditors. Preamble. CHAP. VIII. An Act to regulate the CURING, PACKING and INSPECTION of BEEF and PORK. [ 2d March, 1805.] HEREAS by a law of the Province of Lower Canada, it has become necessary for such persons in this Province, as may deem it proper to cure and pack Beef and Pork for foreign markets, to have the same cured and packed, under the authority of a law of this Province; 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 |