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The Governor, Lieut. IV. 'And be it further enacted by the authority aforesaid, That it shall and evant Governor or Person Administering the may be lawsul for the Governor, Lieutenant Governor or Person adıninistergovernment, to appointing the Government of this Province, to appoint from time to time, not less Trustees in every dis. trict for said schools 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 Trustees to nominate them, shall have full power and authority to nominate a fit and discreet pera fit person as teacher and to report their no son as Teacher thereof, and to examine into the moral character, learning

for and capacity of such person so nominated ; and being satisfied with the mo vernor, &c. who may either afirm or reject ral character, learning and capacity of such person, it shall and inay be lawguch avinenction. ful for the said Trustees, or the majority of them, to report such their nomi

nation to the Governor, Lieutenant Governor or Person administering the Government of this Province, either to affirm or disaffirm sach nomination

as aforesaid. Provided always, That the said Trustees, or the majority of Trustees may re

tencher and them, shall have full power and authority, in their discretion, to remove such nominare another, and Teacher, from his Public School, for any misdemeanor, or impropriety of report as aforesaid.

conduct, and that it shall and may be lawsul 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 ofien 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 imme. Governor, &c. may diately transmitted to the Governor, Lieutenant Governor or Person admi. either approve or Jig.

one such' lase nistering the Government of this Province, either to approve or disapprove of mentioned nomination. the same.

Prove

Truslees authorised

V. And be it further enacted by the authority aforesaid, That the Trustees to make rules and regulations respecting appointed under and by virtue of this Act, in each and every District of this said schools.

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 seen meet.

VI. And be it further enacted by the authority aforesaid, That it shall and the salaries of the said Teachers

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 afore

said, for and during such time as he shall so require payment for his service. Continuance of this VII.-[Repealed by 48th Geo. III. c 16.] Act.

CHAP

CHA P. VII.

An Act to repeal the several Acts now in force in this Province, relative to RATES and AS

SESSMENTS, 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,

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An Act for applying certain sums of MONEY therein mentioned to make good certain Moniese

issued and advanced by His Majesty through his Honor Mr. President Grant, in pursuance ed to defray contingent ef iwo Addresses.

expences of previous Session.

CHA P. IX.

An Act for granting to His Majesty, DUTIES on LICENCES 10 HAWKERS, PEDLARS, A

and PETTY CHAPMEN, and other Trading Persons therein mentioned.

[Repealed by 51st Geo. III. c 2. s 1.]

CH A P. X.

An Act for granting to His Majesty, his Meirs and Successors, to and for the uses of this Pro. Continued by 49th

Geo. NII, cl. vince, the like DUTIES on GOODS and MERCHANDIZE brought into this Province from

rom (See 58th Geo. III. the United States of America, as are now paid on Goods and Merchandize imported from c 13.) the United States of America into the Province of Lower Canada.

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making up the

us and ten shillings

ing; list of

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.

[10th March, 1807.] Preamble.

THEREAS it is proper to establish the Fees of the different Clerks of VV 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 au

thority of the same, That from and after the passing of this Act, the followFees allowed to the Clerks of the Peace.

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 shill. ing; list of jurors, every one hundred names, two shillings and six pence; making up estreats of each Session and transmiting the same to the Inspector 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 ; subpæna, two shillings and six pence ; bench warrant, five shillings ; drawing indictinent, ten shillings ; allowance of certiorari, to be paid by the person ap

plying for the same, five shillings. Costs to be paid at II. And be it further enacted by the authority aforesaid, That when any perthe Quarter Sessions by persous convicted. son or persons shall be convicted before any Court of Quarter Sessions in

this Province, of any assault or misdemcanor, such person or persons so con

victed, shall pay the costs of such conviction and prosecution, that shall be In what cases proge allowed and taxed by the said Court ; and when such defendant or defend cutors sball pay costs.

ants 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, oss shall be shall pay such costs of prosecution, as shall be alluwed and taxed as aforepaid by the District

(Seč 33rd Geo. III. said ; Provided nevertheless, That" when any defendant or defendants shall € 6.)

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 services.

CHAP

CH A P. XII.
An Act for the Preservation of SALMON.

[10th March, 1307.] Preamble. W HEREAS it is found necessary to make provision for the preservation

W 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, 6 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 II. And be it further enacted by the authority aforesaid, That if any person other engines, in the

Home of Newcastle or persons in either of the Districts aforesaid, shall take or catch, or attempt Districts, salinon or to take or catch by setting any net or nets, wears or other engines, any Sal- Salmou try. mon 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 ör is committed, for the space of one month. Provided always, That nothing

hook and line. in this Act shall be construed to prevent persons at any time from taking Salmon with a spear or book and line.

Penalties how to be

recovered II]. 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, or in default of payment, to commit the offender to the common gaol of the District for one month.

Penalties how to be

distributed and applied. 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 ca.

(See 50th Geo. IIE 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

Salmon

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PASSED IN THE FOURTH SESSION OF THE FOURTH PROVINCIAL

PARLIAMENT,
MET AT YORK, ON THE TWENTIETH DAY OF JANUARI, AND PROROGUED ON THE SIXTEENTH

DAY OF MARCH FOLLOWING, IN THE FORTY-EIGHTH YEAR

OF THE REIGN OF GEORGE IU.

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Preamble.

| 0 H A 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.

[Passed 16th March, 1808. ] W H EREAS, a well regulated Militia is of the utmost importance to

W the defence of this Province; and whereas the Laws now in force for the training and regulating thereof, are in some respects defective; Beit 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 Governor, Lieutenant Governor, or person administering the Government of this Pro

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