The Governor, Lieutenant Governor or Per trict for said schools. Trustees to nominate and to report their nomination to the Go a fit person as teacher vernor, &c. who may either affirm or reject such avmination. IV. And be it further enacted by the authority aforesaid, That it shall and son administering the may be lawful for the Governor, Lieutenant Governor or Person administergovernment, to appointing the Government of this Province, to appoint from time to time, not less than five fit and discreet persons in each and every District of this Province, Trustees to the said Public Schools, which said Trustees or the majority of them, shall have full power and authority to nominate a fit and discreet person as Teacher thereof, and to examine into the moral character, learning and capacity of such person so nominated; and being satisfied with the mo ral character, learning and capacity of such person, it shall and may be law ful for the said Trustees, or the majority of them, to report such their nomination to the Governor, Lieutenant Governor or Person administering the Government of this Province, either to affirm or disaffirm such nomination as aforesaid. Provided always, That the said Trustees, or the majority of them, shall have full power and authority, in their discretion, to remove such Teacher, from his Public School, for any misdemeanor, or impropriety of conduct, and that it shall and may be lawful for the said Trustees, or the majority of them, in each and every District of this Province, in case of the demise, dismissal or removal of any Teacher of the said Public Schools, to nominate and appoint, as often as the case may require, one other fit and discreet person, as a Teacher to the said Public School, which Trustees or the majority of them, previous to such nomination and appointment as aforesaid, shall examine into the moral character, learning and capacity of such Teacher, and being satisfied therewith, such appointment shall be immediately transmitted to the Governor, Lieutenant Governor or Person administering the Government of this Province, either to approve or disapprove of the same. Trustees may re move any teacher and nominate another, and report as aforesaid. Governor, &c. may either approve or dis. approve of such last mentioned nomination. Trustees authorised to make rules and re said schools. V. And be it further enacted by the authority aforesaid, That the Trustees gulations respecting appointed under and by virtue of this Act, in each and every District of this Province, or the majority of them, shall have full power and authority to make such rules and regulations for the good government and management of the said Public Schools, with respect to the Teacher, for the time being, and to the scholars, as in their discretion shall seem meet. Mode of payment of the salaries of the said Teachers, Continuance of this Act. VI. And be it further enacted by the authority aforesaid, That it shall and may be lawful for the Governor, Lieutenant Governor or Person administering the Government of this Province, from time to time, to issue his warrant to the Receiver General of this Province, for the payment of such yearly salary or salaries, half yearly, as shall or may from time to time be due to any Teacher or Teachers appointed under this Act, upon such Teacher or Teachers producing a Certificate signed by the Trustees or the majority of them, of the District of which he shall have so taught or educated youth, of his having faithfully demeaned himself in his office as a Teacher as a foresaid, for and during such time as he shall so require payment for his service. VII.-[Repealed by 48th Geo. III. c 16.] CHAP CHAP. VII. An Act to repeal the several Acts now in force in this Province, relative to RATES and ASSESSMENTS, and also to Particularise the PROPERTY, Real and Personal, which dur ing the continuance thereof, shall be subject to Rates and Assessments, and fixing the several valuations at which each and every particular of such property shall be Rated and Assessed. [Repealed by 51st Geo. III. c 8.] CHAP. VIII. An Act for applying certain sums of MONEY therein mentioned to make good certain Monies issued and advanced by His Majesty through his Honor Mr. President Grant, in pursuance of two Addresses. £151:2:61-2 granted to defray contingent expences of previous Session. CHA P. IX. An Act for granting to His Majesty, DUTIES on LICENCES to HAWKERS, PEDLARS, and PETTY CHAPMEN, and other Trading Persons therein mentioned. [Repealed by 51st Geo. III. c 2. s 1.] СНАР. Х. Continued by 49th Geo. III. c 1. (See 55th Geo. III. An Act for granting to His Majesty, his Heirs and Successors, to and for the uses of this Pro- [Expired.] CHA P. XI. Preamble. An Act to Establish the FEES of the CLERKS of the PEACE, and to regulate the FEES in the several COURTS of QUARTER SESSIONS thoughout this Province. WH [10th March, 1807.] 1 HEREAS it is proper to establish the Fees of the different Clerks of the Peace in this Province, and that provision be made for the pay. ment of costs arising in the Court of General Quarter Sessions: 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, the followFees allowed to the ing Fees shall be allowed to the different Clerks of the Peace in this Province; for drawing the Precept and attending commissioners to sign the same, and transmitting it to the Sheriff, one pound: attending each Quarter Session, one pound and ten shillings; making up the records of each Session, two pounds and ten shillings; notice of every appointment, one shilling; list of jurors, every one hundred names, two shillings and six pence; making up estreats of each Session and transmiting the same to the Inspecfor General, five shillings; to be paid out of the District Treasury: every recognizance for the peace or good behaviour, to be paid by the party bound, five shillings; for discharging the same, two shillings and six pence; subpœna, two shillings and six pence; bench warrant, five shillings; drawing indictinent, ten shillings; allowance of certiorari, to be paid by the person applying for the same, five shillings. Clerks of the Peace. Costs to be paid at the Quarter Sessions by persons convicted. eutors shall pay costs. II. And be it further enacted by the authority aforesaid, That when any person or persons shall be convicted before any Court of Quarter Sessions in this Province, of any assault or misdemeanor, such person or persons so convicted, shall pay the costs of such conviction and prosecution, that shall be In what cases prose allowed and taxed by the said Court; and when such defendant or defendants shall be acquitted, the prosecutor, unless it shall appear to the said Court that there were reasonable grounds for prosecuting, to be certified by the Chairman, by indorsement on the back of the indictment, in open Court, shall pay such costs of prosecution, as shall be allowed and taxed as aforesaid; Provided nevertheless, That when any defendant or defendants_shall be tried on a presentment of the Grand Jury, and shall be acquitted, the costs shall be paid out of the District Treasury; Provided nevertheless, That nothing in this Act shall be construed to extend to deprive the Clerks of the Peace of such Fees as are allowed by any Act of Parliament for other When costs shall be (See 33rd Geo. III. paid by the District. € 6.) services. CHAP CHAP. XII. An Act for the Preservation of SALMON. [10th March, 1807.] Preamble. HEREAS it is found necessary to make provision for the preservation of Salmon, in the Rivers and Creeks of this Province; 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, no person or persons in the Home or Newcastle Districts, shall be allowed by setting any net or nets, wear or other engines, to take any Salmon or Salmon Fry, in any River or Creek, or at the mouth or near the mouth of any River or Creek in the said Districts. Penalties for taking &c. by nets, wears, or other engines, in the Home of Newcastle II. And be it further enacted by the authority aforesaid, That if any person or persons in either of the Districts aforesaid, shall take or catch, or attempt to take or catch by setting any net or nets, wears or other engines, any Salmon or Salmon Fry, in any of the Creeks or Rivers, or at the mouth or near the mouth of any Creek or River in the aforesaid Districts, such person or persons shall forfeit and pay the sum of five pounds for the first offence, and double that sum for every subsequent offence, or in default of payment, shall be committed to the common gaol of the District in which the offence ken with a spear or is committed, for the space of one month. Provided always, That nothing in this Act shall be construed to prevent persons at any time from taking Salmon with a spear or hook and line. III. And be it further enacted by the authority aforesaid, That it shall and may be lawful for any one of His Majesty's Justices of the Peace, upon the oath of any one credible witness, to hear and determine the matter in complaint, and on conviction, under his hand and seal, to cause to be levied of the goods and chattels of such offender or offenders as are herein before mentioned, the sum of Five Pounds for the first offence, and double the sum for every subsequent offence, committed contrary to the intention of this Act, er in default of payment, to commit the offender to the common gaol of the District for one month. Salmon may be ta hook and line. Penalties how to be recovered. Penalties how to be distributed and applied. (See 50th Geo. IIL IV. And be it further enacted by the authority aforesaid, That one half of every fine levied, or to be levied by virtue of this Act, shall be given to the .3.) informer, and the other half shall be paid into the hands of His Majesty's Receiver General, to and for the public uses of this Province. D 3 STATUTES STATUTES OF UPPER-CANADA, PASSED IN THE FOURTH SESSION OF THE FOURTH PROVINCIAL PARLIAMENT, MET AT YORK, ON THE TWENTIETH DAY OF JANUARY, AND PROROGUED ON THE SIXTEENTH OF THE REIGN OF GEORGE III. FRANCIS GORE, ESQUIRE, LIEUTENANT GOVErnor. ANNO DOMINI 1808. Preamble. CHA P. I. An Act to explain, amend, and reduce to one Act of Parliament, the several Laws now in being for the RAISING and TRAINING the MILITIA of this Province. WHEREAS, a [Passed 16th March, 1808. ] and whereas the Laws now in force HEREAS, a well regulated Militia is of the utmost importance to for the training and regulating thereof, are in some respects defective; 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 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 the Governor, Lieutenant Governor, or person administering the Government of this Pro year of |