Treasurer to keep

books of entries, and at

tices a statement of his

XXVI. And be it further enacted by the authority aforesaid, That the said Treasurer shall, and is hereby required, to keep Books of Entries of the seve- every quarter sessions ral sums respectively received and paid by him in pursuance of this Act, and to lay before the jus also to deliver in true and exact accounts upon oath, if required, (which oath receipts and disburse any one of the Justices at their respective General Quarter Sessions is hereby ments. authorized to administer) of all and every sum or sums of money respectively received and paid by him, distinguishing the particular uses to which such sum or sums of money have been applied, to the Justices at every General Quarter Sessions to be holden for the District, and shall lay before the Justices of such Session the proper vouchers for the same, and the discharges of the said Justices of the Peace, or the greater part of them, by their orders made at their General Quarter Sessions to such Treasurer, shall be taken and allowed, as good and sufficient acquittances to the full amount thereof.

XXVII. And be it further enacted by the authority aforesaid, That it shall and may be lawful for the said Justices of the Peace, at their General Quarter Sessions assembled, or the greater part of them, from time to time, to continue such Treasurer in his office so long as they shall see convenient, and to remove him at their pleasure, and appoint any other person in his place.

Treasurer to be con

tinued, or removed, at a quarter:sessions.

pleasure, by the justices

Provision for the future assessments, after

years.

XXVIII. And be it further enacted by the authority aforesaid, That in order to make provision for the District Assessment after the expiration of two years the expiration of two as aforesaid, it shall and may be lawful for the Justices of the Peace, in their General Quarter Sessions in the month of April assembled, or the greater part of them, to cause an estimate to be laid before them of the sum or sums of money, that may be necessary, to defray the charges and expences accruing to their respective Districts, for the uses and purposes aforesaid, for the ensuing year, and having determined and resolved upon the same, to cause the amount of the sum to be raised, to be divided, in an exact proportion to the rate with which each class is severally charged, as herein before is provided, and to declare that the assessment required will be a half rate, a third, fourth, fifth, eighth, or any aliquot part of a rate, by computing the proportion, which the sum proposed to be raised bears to the amount of the sum, which shall have been raised by the original rates of two shillings and six pence, five shillings, ten shillings and twenty shillings, severally imposed on each respective class as aforesaid, and for that purpose to make a special order declaring the amount of the sum intended to be raised, and specifying the fractional part of the rate to be assessed and collected (in case it shall of a rate to be assessed not be deemed necessary to impose an entire rate, according to the proportions aforesaid) on each and every Inhabitant Householder, according to their respective classes as aforesaid, which order being signed by the said Justices in their General Quarter Sessions in the month of April assembled, or the greater part of them, shall be binding upon each and every Inhabitant Householder, in respect of the rate, with which he stands charged throughout this Province. And the High Constable shall, at such times as the said Justices by their order in Sessions shall direct, cause such rates to be levied by a warrant under his hand, directed to the Assessors and Collector of every parish, township, reputed township or place within this Province.

XXIX. And be it further enacted by the authority aforesaid, That no new As

The fractional part

when it will suffice.

No new assessmen sessment to be made until 3-4 N

of the preceding rate sessment shall be made, until it shall appear to the Justices at their respecbe exponded.

The members of the House of Assembly to be allowed wages for their attendance thereat.-not exceeding 109 per day,

Form of high consta

tive General Quarter Sessions, or the greater part of them, then and there assembled, by the accounts of their Treasurer or otherwise, that three-fourths of the money collected by virtue of the preceding rate, shall have been expended for the uses and purposes mentioned in this Act.

XXX. [Repealed by 43 Geo. III. c 11, s 2.]

SCHEDULE.

HIGH CONSTABLE'S WARRANT, to Levy the Rate.

To the ASSESSORS and COLLECTOR of the township of
in the said District.

WESTERN

Y

ble's warrant for levy DISTRICT, virtue of an order from His Majesty's Justices of the Peace,

ing the rate.

and for this District in their General Quarter Sessions as

within your

sembled, yon are hereby required to raise the sum of
township, in such manner as by a certain Act of the Legislature of this Pro-
vince, for that purpose, passed in the thirty third year of his present Majesty's
Reign, is directed, being the proportion of your township (or parish) for and
towards the General District Assessment for defraying the expences of build-
ing a Goal and Court-House and keeping the same in repair, for the payment
of the Goaler's salary, for the support and maintenance of Prisoners, for
building and repairing Houses of Correction, for the construction and repair-
ing of Bridges and other purposes in the said Act mentioned, and hereof you
are not to fail on the peril that shall ensue thereof.

Given under my hand this

Form of an Assessment.

EASTERN DISTRICT.
Township of

42, c 2, s 6.--43, c 11

day of

A. H. High Constable.

FORM OF AN ASSESSMENT.

of

N Assessment for defraying the expences of AN Asessment for building a Gaol and Court-House, and keeping (See 34 Geo. III. c 6. the same in repair, for the payment of the Gaoler's salary, for the support and -46, c5-48, c 14-maintenance of Prisoners, for building and repairing Houses of Correction, 61, c8-33, c9-55, for the construction and repair of Bridges and other purposes mentioned in an Act of the Legislature of this Province, of the thirty-third year of his present Majesty, intituled, an Act to for the township, or reputed township, called made and Assessed the

c 5.-56, c 18, s 4.)

day of

in the county of

Class I. Containing the names of such Inhabitant Householders living within the township aforesaid, as we to the best of our knowledge and judg ment, do believe are possessed of real or personal property, goods or effects to the value of Fifty Pounds, and not amounting to One Hundred Pounds, and who are severally and each to pay the sum of two shillings and six pence, in respect of their rate and proportion of the said Assessment.

G. H.

I. K. First Class : rate two shillings and six pence.
L. M.S

Class II. Containing the names of such Inhabitant Householders, living within the township aforesaid, as we to the best of our knowledge and Judg

ment

ment, believe are possessed of real or personal property, goods or effects to their own use, to the value of One Hundred Pounds, and not amounting to One Hundred and Fifty Pounds, and who are severally and each to pay five shillings, in respect to their rate and proportion of the said assessment.

N. O.)

P. Q. Second class: rate five shillings.

R. S.

Class III. Containing, &c. Class VIII. Containing, &c.

Assessed by us A. B. Assessors

C.

An Act to regulate the laying out, amending and keeping in repair, the PUBLIC HIGHWAYS and ROADS within this Province.

"[Repealed by 50 Geo. III. c 1.]

CHAP. V.

An Act to Confirm and make valid certain MARRIAGES heretofore contracted in the Country, now comprised within the Province of Upper-Canada, and to provide for the future. SOLEMNIZATION of MARRIAGE within the same.

WE

Preamble.

HEREAS, many Marriages have been contracted in this Province at a time when it was impossible to observe the forms prescribed by law for the Solemnization thereof, by reason that there was no Protestant Parson or Minister duly ordained residing in any part of the said Province, nor any consecrated Protestant Church or Chapel within the same, and whereas the parties having contracted such Marriages, and their issue may therefore be subjected to various disabilities, in order to quiet the minds of such persons, and to provide for the future Solemnization of Marriage within this Province, Be it enacted and declared 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 the Marriage and Marriages of all persons, not being under any canonical disqualification to contract contracted, before any Matrimony, that have been publicly contracted before any Magistrate or ployment, declared va Commanding Officer of a Post, or Adjutant, or Surgeon of a Regiment, act- lid,

Marriages heretofore person in public em

ing as Chaplain, or any other person in any public office or employment, before the passing of this Act, shall be confirmed and considered to all intents and purposes as good and valid in law, and that the parties who have and the issue thereof contracted such Marriage, and the issue thereof, may become severally entitled to all the rights and benefits, and subject to all the obligations arising fron. Marriage and consanguinity, in as full and ample a manner, as if the said Marriages had respectively been solemnized according to law.

legitimate.

Method of preserving

marriages,

II. And be it further enacted by the authority aforesaid, That in order to the testimony of such enable those persons who may be desirous of preserving the testimony of such Marriage and of the birth of their children, to effectuate the same, it shall and may be lawful at any time within three years from the passing of this Act, for any Magistrate of the District where any such parties as may have contracted Matrimony as aforesaid, shall reside, at the request of either of the said parties, to administer the following oath to the Husband: "I, A. B. do solemnly Swear in the presence of Almighty GOD, that I did publicly intermarry with C. D. at day of in the year and that there is now living issue of the said marriage (as

Oath of the husband.

66

of our Lord
the case may be)

T. B. born on the

M. B. born on the

on the

day of
day of

แ

And to administer the following oath to the Wife:

« I, C. D. do solemnly Swear in the presence of Almighty GOD, that I did publicly intermarry with A. B. at

Oath of the wife.

of our Lord

Manner of entering the same of record,

The register of such

Lecord, or an attested copy thereof, to be suf

Scient evidence.

Regulations for the fu

riages.

the case may be)

Which form of attestation shall be subscribed by the parties, and certified under the hand and seal of the Magistrate administering the said oath, who shall be entitled to demand and receive one shilling for sach certificate, and that it shall and may be lawful for the Clerk of the Peace of the District to enter and record, and he is hereby required, upon the payment of the sum of two shillings to enter and record such attestation, duly certified as aforesaid, in a book or register to be by him kept for that purpose; and that such register or an attested copy thereof, which copy the said Clerk is hereby required to make out, and on the payment of the sum of two shillings to deliver to any person requesting the same, shall be held and taken as sufficient evidence of such Marriage, and the birth of such children in all His Majesty's courts of law and equity.

III. And be it further enacted by the authority aforesaid, That until such ture celebration of mar- time as there shall be five Parsons or Ministers of the Church of England, severally incumbent or doing duty on and in their respective parishes or places of residence in any one District within this Province, such parties as are not under any canonical disability, and are desirous of intermarrying with each other, and neither of them living within the distance of eighteen miles of any Parson or Minister of the Church of England, may apply to any neighbouring Justice of the Peace within the District, and declare the same, whereup

Circumstances under

which it may be lawful for a justice to solem. nize marriage,

on

on it shall and may be lawful for the said Justice, to cause to be affixed in some public place within the township or parish wherein the parties reside, or if they should reside in different townships or parishes, then in the most public place within each of the said townships or parishes, a notice in the following form, for which he shall be entitled to receive one shilling and no

more.

and C. D. of

"Whereas A. B. of are desirous of intermarrying with each other, and there being no Parson or Minister of the Church of England living within eighteen miles of them or either of them, all persons who know any just impediment, why they should not be joined in Matrimony, are to give notice thereof to E. F. Esquire, of one of His Majesty's Justices District."

of the Peace for the

Public notice.

And if no valid objection shall have been made to such intended Marriage, when three Sundays have intervened after the publication of the said notice, it shall and may be lawful for the said Magistrate to proceed to solemnize the Marriage, according to the form prescribed by the Church of England, and to give to the parties a Certificate thereof, in the following form, for which he lowed. shall be entitled to receive the sum of One Shilling, and no more.

Form of the church of England to be fol

Certificate of mar

"Whereas A. B. of and C. D. of were desirous of intermarrying riage. with each other, and there being no Parson or Minister of the Church of England, living within eighteen miles of them, or either of them, they have applied to me for that purpose; now these are to certify, that in pursuance of the powers granted by an Act of the Legislature of this Province, passed in the thirty-third year of His Majesty's Reign, I, E. F. one of His Majesty's Justices of the Peace, having caused the previous notice by the Statute required, to be given, have this day married the said A. B. and C. D. together, and they are become legally contracted to each other in Marriage."

Which Certificate shall be signed by the parties, and also by any two or more persons present at the said Marriage, and such Marriage shall be good and valid in law to all intents and purposes whatever. And that upon application for that purpose made, the Clerk of the Peace for the said District shall and may, and he is hereby required to register the said Certificate in a book for that purpose by him to be kept, and that it shall and may be lawful for him to demand and receive the sum of 'Two Shillings for registering the same, and that such register, or an attested copy thereof, which the said clerk is hereby required to make and deliver to any person requesting the same, and paying for it the sum of Two Shillings, shall be held and taken to be sufficient evidence of such marriage in all his Majesty's courts of law and equity.

IV. And be it further enacted by the authority aforesaid, That if any person shall after the passing of this Act, make, alter, forge or counterfeit, or cause or procure to be falsely made, altered, forged or counterfeited, or act or assist in falsely making, altering, forging or counterfeiting any such Certificate of Marriage as herein before is required to be given, or shall knowingly and wilfully insert or cause to be inserted in such register book to be kept in each District, any false entry of any matter or thing relating to any Marriage, or

act

The same to be signed by the parties, and

by two or more persons present;

and on application to

be registered by the clerk of the peace.

ing, or procuring to be counterfeited, the evi

Persons counterfeit

dence of any marriage,

to

suffer, on conviction, fine and imprisonment.