STATUTES OF UPPER-CANADA, PASSED IN THE SECOND SESSION OF THE FOURTH PROVINCIAL PARLIAMENT, MET AT YORK, ON THE FOURTH DAY OF FEBRUARY, AND PROROGUED ON THE THIRD OF THE REIGN OF GEORGE III. ALEXANDER GRANT, ESQUIRE, President. ANNO DOMINI 1806. Preamble. CHAP. I. An Act to make PROVISION for certain SHERIFFS in this Province. MOST GRACIOUS SOVEREIGN, WHE [3rd March, 1806.] HEREAS it is necessary to make some provision for such Sheriffs in this Province, who have no Salaries established by law; may it please Your Majesty that it may be enacted, and 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, con stituted 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 out of the Rates and Duties already raised, levied and collected, or hereafter to be raised, levied and collected, to and for the uses of this Province, there shall be granted annually to His Majesty, his Heirs and Successors, the sum of three hundred pounds currency, out of the Provincial Treasury, from such monies now remaining, or which may hereafter come into the Receiver General's hands, unappropriated, which said sum of three hundred pounds shall be appropriated and applied for the payment of Salaries, to the persons hereafter mentioned, in manner following, (that is to say,) to the Sheriffs of the Eastern and Western Districts, and the Sheriffs of the Districts of London, Niagara, Newcastle, and Johnstown, for the time being, the sum of fifty pounds respectively. II. And be it further enacted by the authority aforesaid, That the Sheriff of each and every District in this Province, shall give a Bond jointly and severally with two sufficient Sureties, to His Majesty, his Heirs or Successors, in the sum of one thousand pounds, with a condition, that the same shall be void if the said Sheriff shall pay over all money which he may collect, either to His Majesty, his Heirs and Successors, or to any person who may be entitled to the same. Provided however, That nothing herein contained shall extend, or be construed to extend, to debar any person or persons from having his, her, or their remedy against such Sheriff or Sheriffs, for any breach of duty, in such manner as is or may be provided by any law or usage now in force. Governor, &c. to issue warrants. III. And be it further enacted by the authority aforesaid, That the monies hereby granted to His Majesty, shall be paid by the Receiver General in discharge of such Warrant or Wariants, as shall for the purposes aforesaid, be from time to time issued by the Governor, Lieutenant Governor or Person administering the Government; and the said Receiver General shall account to His Majesty for the same, through the Commissioners of His account, &c. Majesty's Treasury for the time being, in such manner and form as His Majesty shall direct. Receiver General to' Continuance of this Act. Continued by 54 Geo. IV. And be it further enacted by the authority aforesaid, That this Act shall be, and continue in force eight years, from and after the passing of the same, and from thence to the end of the then next ensuing Session of the Pro- III. c. 9, & 57th c. 8. vincial Parliament, and no longer. CHA P. II. An Act to repeal an Act passed in the thirty-fifth year of His Majesty's Reign, intituled, "Ar Preamble. CHAP. III. An Act to procure certain APPARATUS for the Promotion of SCIENCE. MOST GRACIOUS SOVEREIGN, [3rd March, 1806.] AY it please Your Majesty, whereas it is of importance to the welfare of this Province, that the rising generation may be furnished with the means of such instruction as may render them useful members of the Community, We, your Majesty's most dutiful and loyal subjects, the Commons of this Province in Parliament assembled, do most humbly beseech Your Majesty that it may be enacted, and 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 from and out of the Rates and Duties already raised and collected, or hereafter to be raised and collected, to and for the uses of this Province, there be granted to His Ma£400 appropriated jesty, His Heirs and Successors, the sum of four hundred pounds out of the for the purchase of - Provincial Treasury, from such monies now remaining, or which hereafter ing the principles of may come into the Receiver General's hands unappropriated; which said sum of four hundred pounds shall be appropriated and applied in purchas ing a collection of Instruments suitable and proper for illustrating the principles of Natural Philosophy, Geography, Astronomy, and the Mathematics, for the use of this Province, in such manner as the Governor, Lieutenant Covernor, or person administering the Government of this Province shall think proper to direct. in Natural Philosophy &c. Receiver General to sum of £100 &c. II. And be it further enacted by the authority aforesaid, That the Governor, Lieutenant Governor, or person administering the Government of this Province, is hereby authorized and empowered to deposit the said Instruments (under such conditions as he shall deem proper and expedient) in the hands of some person employed in the education of youth in this Province, in order that they may be as useful as the state of the Province will permit. III. And be it further enacted by the authority aforesaid, That the Reaccount for the said ceiver General shall account to His Majesty for the said sum of four hundred pounds, through the Commissioners of His Majesty's Treasury, for the time being, in such manner as His Majesty shall direct. CHAP CHA P. IV. An Act to repeal an Act passed in the forty-fourth year of His Majesty's Reign, intituled, " 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," and to make further provision for the opening and amending the said Roads. 44th Geo. III. c 6. [Expired.] [3rd March, 1806.] CHA P. V. An Act to alter and amend an Act passed in the thirty-third year of His present Majesty's Reign, intituled, " An Act to provide for the Nomination and Appointment of PARISH and TOWN OFFICERS," and also to repeal certain parts of an Act passed in the thirty-third year of His present Majesty's Reign, intituled, " An Act to authorise and direct the laying and collecting of ASSESSMENTS and RATES in every District in this Province, and to provide for PAYMENT of WAGES to the MEMBERS of the HOUSE of ASSEMBLY." [3rd March, 1806.] 33d Geo. III. c 2. & 33d € 3. Preamble. If any Town Clerks, HEREAS an Act of the Parliament of this Province, passed in the thirty-third year of His present Majesty's Reign, intituled, "An Act to provide for the Nomination and Appointment of Parish and Town Officers within this Province," requires to be amended, 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 passing of this Act, if any person or persons, who shall be chosen at any Town Meeting as a Town Clerk, Assessor, Overseer of the Highway, Pound Keeper, or Town Warden, shall die within the year for which he shall be chosen, or shall leave the Township or Parish ; it shall and may be lawful for the Justices of the Peace in Quarter Sessions assembled, or the majority of them, to nominate and appoint a fit and proper person to fill the vacancy occasioned by such death or removal. II. And be it further enacted by the authority aforesaid, That when from aforesaid, That when from no Town Meeting any neglect, a Town Meeting shall not be holden on the first Monday in day in March, Quarter March (a) in any Township, or united Townships in this Province, it shall Sessions to nominute be lawful for the Justices of the Peace in Quarter Sessions assem- Town Officers. may bled, for the District in which such Township, or united Townships are situate, and Assessors, &c. shall die, or leave the Township or Parish, within the year for which they ter Sessions to fill the vacancy. shall be chosen, Quar held on the first Mon and appoint Parish and (a) See 57th Geo. III. € 7. s 2. ate, or the majority of them, to nominate and appoint the said Parish and Town Officers of such Township, or united Townships until the next Town Meeting. III. And be it further enacted by the authority aforesaid, That the Clerk of the Peace shall, within eight days after such nomination and appointment, send a written notice to each and every Parish and Town Officer so nominated and appointed as aforesaid, requiring him to appear before some one of His Majesty's Justices of the Peace (in the District in which such Quarter Sessions are holden) within eight days after the receipt of such notice, and take the Oath of Office, which oath, or in the case of the people called Quakers, Menonists or Tunkers, Affirmation, any Justice of the Peace as aforesaid, shall, and is hereby required to administer in the following form: "You A. B. do promise and swear (or affirm, as the case may be) that you will faithfully, diligently and justly serve and perform the office and duties of of for the year ensuing, according to the best of your abilities.-So help you God." for the IV. And be it further enacted by the authority aforesaid, That it shall be the duty of any Constable, upon the request of the Clerk of the Peace, to serve such notice and the Constable for such service shall be entitled to such compensation as the said Justices of the Peace, or the majority of them, in Quarter Sessions assembled, shall think proper. V. And be it further enacted by the authority aforesaid, That if any person or persons who shall be so nominated and appointed by the Justices of the Peace, or the majority of them, in Quarter Sessions assembled, in each and every District of the Province, shall refuse or neglect to repair to a Justice of the Peace in manner aforesaid, and take the said Oath of Office (or affirmation being a Quaker, Menonist or Tunker) the said person or persons so neglecting or refusing, shall forfeit and pay the sum of forty shillings, lawful money of this Province, with costs, upon conviction before the Court of Quarter Sessions; and the said Justices of the Peace, or the majority of them, in Quarter Sessions assembled, shall and may, upon such refusal or neglect appoint other persons, and impose the like fine as often as the case may require. VI. And be it further enacted by the authority aforesaid, That so much of an Act passed in the thirty-third year of His present Majesty's Reign, intituled, "An Act to authorise and direct the laying and collecting of Assessments and Rates in every District in this Province, and to provide for the payment of Wages to the Members of the House of Assembly," as requires a Collector to give a Bond to the Church or Town Wardens, of one hundred pounds, shall be, and the same is hereby repealed. VII. VIII. } [Repealed by 48th Geo. III. c 14, s 1. IX |