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Manner in which the VIII. And be it further enacted by the authority aforesaid, That the perfeos for striking a spe. cial jury shall be paid. son or party who shall apply for such Special Jury, shall not only bear and

pay the fees for striking such Jury, but shall also pay and discharge all expences occasioned by the trial of the cause by such Special Jury, and shall not have any further or other allowance for the same upon taxation of costs, than such person or party would be entitled unto, in case the issue had been tried by a common Jury, unless the Judge before whom the cause is tried shall immediately after the trial certify in open Court, under his hand, upon the back of the record, that the same was a cause proper to be tried by a Special Jury.

tried by a Special the record, thatity in open Couen

CHAP. XIV.

• An Act for the better regulation of PARISH and TOV

an of PARISH and TOWN OFFICERS duroughout this Province.

[Passed 16th March, 1808. ] VHEREAS, the provisions contained in the seventh, eighth, and Preamble.

V tenth clauses of an Act of the Parliament of this Province, passed in the forty-sixth year of His present Majesty's Reign, intituled, “ An Act to alter and amend an Act passed in the thirty-third year of His Majesty's Reign, intituled, • An Act to provide for the nomination and appointment of Parish and Town Officers within this Province," have been found inexpedient; 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 repcal 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, Part of the 46th of That the said seventh, eighth, and tenth clauses be and the same are hereGeo. 3. c ā, repealed. by repcaled.

II. And be it further enacted by the authority aforesaid, That each and

every Collector of Rates for the respective Townships of this Province, Bond lo lle entered nerearter to be chosei

hereafter to be chosen, nominated, and appointed, shall, within one month into by every collector after such nomination, or before he shall collect any money, enter into a of rates.

bond jointly and severally, with two sufficient freeholders, to the Treasurer of the District, for which he shall be so nominated or appointed, in the sum of two hundred pounds, lawful money of this Province; which bond shall be in the following form:

Form of the bond and condition

(For condition, see 637 Gso. III. 9, 2)

KNOW all men by these presents, that I A. B. Collector of the Rates for the Township of in thc District of C. D. and E. F. of

the

the same place, yeomen, (or as the case may be;) are held and firmly
bound to 1. O. Treasurer of the District of in the sum of two hun-
dred pounds, lawful money of Upper Canada, for which payment well
and truly to be made to the said 1.0. we bind ourselves, jointly and se-
verally, our and each of our heirs, executors and administrators, firmly
by these presents. Sealed with our Seals. Dated at this
day of &c. &c.,

III. And be it further enacted by the authority aforesaid, That it shall be Towncler the duty of the Town Clerks in their respective Townships, and they vide the said bonds. are hereby required to provide such bond, and transmit the same to the Treasurer of said District, within one month after the said bond shall be executed, for which each and every of them shall be allowed the sum of five shillings, to be paid out of the District treasury.

to

IV. And be it further enacted by the authority aforesaid, That from and after , If collector should

die or leave the parish,-the passing of this Act, if any person who shall be chosen or nominated as the Quarter Sessi a Collector, shall die, or leave the Parish or Township, within the year fill the vacancy. for which he shall be chosen or nominated, 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, and such Collector so nominated, shall be and he is hereby declared to be vested with the same power and li

(See 33d Geo. NIO able to the same penalties as any Collector nominated and appointed under 21.3, and 63d c 9.): any Act or Acts of the Legislature of this Province.

CH A P. XV.

An Act for building a COURT HOUSE and GAOL in the Township of ELIZABETA-
TOWN, in the District of Johnstown.

[March 16th, 1808.] ITTHEREAS, the present Court House and Gaol in the Town of Vy Johnstown, in the District of Johnstown, is situate at the lower extremity of the said District, which renders it inconvenient, and whereas, the inhabitants of said District are desirous of building a new Court House and Gaol in a more central situation ; Be it therefore enacted bly 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, 6. 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

Preamble.

same,

Quarter Sessions to fix same, That it shall and may be lawful for the Justices of the Peace of the the place where the coure"house" and gaol said District of Johnstown, in General Quarter Sessions assembled, or of the district of Jolias.

; the greater part of them, to fix upon a scite or situation on the front end

the cro town shall be erected within the township of or ends of lots number ten, eleven or twelve in the first Concession of Elizabethtown. Elizabethtown, adjoining the King's Highway, where a Court House and

Gaol may be built.

The said court house

II. And be it further enacted by the authority aforesaid, That a Gaol and and gaol shall be erect. Court House for the said District of Johnstown shall and may be erected rd according to the rules, &c. enacted by and

and built on lot number ten, eleven or twelve in the first Concession of the 32 Geo,3, ch.8 er. Elizabethtown, within the said District of Johnstown, in 'such manner and cept so far as varied by This act

under such rules, regulations and directions as in that respect are made and provided in and by a certain Act passed in the thirty second year of His Majesty's Reign, intituled, “ An Act for building a Gaol and Court House in every District throughout this Province, and for altering the names of the said Districts,” and that all and every the clauses, provisions, rules, regulations, matters and things in the said last recited Act contained, shall under the same penalties as therein are contained in all cases and in respect to all persons, extend and be extended to the District of Johnstown aforesaid, except in as far as the same may be varied and altered by this Act.

III. And be it further enacted by the authority aforesaid, That as soon as When the said court the

the Justices of the Peace for the said District, in General Quarter Sessions house and gaol shall by the quarter sessions be assembled, or the majority of them, shall be satisfied that the said Court declared to be such for the district of Jobns.

House and Gaol are sufficiently finished, the said Court House and Gao!

shall be and they are hereby declared to be the Gaol and Court House of (See 34th, Geo. III. . 10, sl.)

the said District of Johnstown.

town.

Good title to be ob.

IV. Provided always, That nothing in this Act contained shall extend or tained to the land on be construed to extend to authorize the Justices as aforesaid, to build said which it is to be built.

Court House and Gaol on land belonging to any person or persons without first obtaining a good and sufficient tiile from such person or persons.

V. Provided always, and be it further enacted by the authority aforesaid. Said court house and That unless such Gaol and Court House shall be built and finished within gaol to be finished three years from the passing of this Act, so that persons may be confined in within 3 years.

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.

No part of the assess. VI. Provided always, and be it further enacted by the authority aforesaid, ments of the district to That it shall not be lawful for the Justices aforesaid, to apply any part of be applied for the pur. pose of this Act. the assessments and rates of the said District to or for the purpose of this

Act.

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CH A P. XVI.

An Act to amend an Act passed in the forty-seventh year of His Majesty's Reign, intituled, " An Act to Establish PUBLIC SCHOOLS in such and every District of this Province."

[Passed 16th March, 1808.]

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THEREAS, an Act passed in the forty-seventh year of His Majesty's W Reign, intituled, “ An Act to establish Public Schools in each and every District of 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 fur. ther provision for the Government of the said Province,” and by the authority of the same, That so much of the said Act as enacts that the Public Such part of the 4716 School for the District of London shall be opened and kept in the Town- Geo. 3, ch 6, as res.

pects the district of ship of Townsend, shall be and the same is hereby repealed.

London repealed.

II. And be it further enacted by the authority aforesaid, That the Public

Place where the School for the said District of London, shall be opened and kept at such school for that district

amo shall be opened, and place as the Trustees of the Public School for the said District, or the majority of them for the time being, shall order and direct..

Such part of the said 47th of Geo. 3. as limits

III. And be it further enacted by the authority aforesaid, That so much of the said Act as limits the duration of it to four years and from thence to the end of the then next ensuing Session of Parliament, shall be and the same is hereby repealed.

STATUTES.

STATUTES

OF

UPPER-CANADA,

PASSED IN THE FIRST SESSION OF THE FIFTH PROVINCIAL

PARLIAMENT,
MET AT YORK, ON THE SECOND DAY or FEBRUARY, AND PROROGUED ON THE NINTH

DAY OF MARCH FOLLOWING, IN THE FORTY-NINTH YEAR

OF THE REIGN OF GEORGE NI.

FRANCIS GORE, ESQUIRE, LIEUTENANT GOVERNOR.

ANNO DOMINI 1809.

CH A P. I.

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An Act for the continuing for a limited time the PROVISIONAL AGREEMENT entered

into between this Province and Lower Canada, at Montreal, on the fifth day of July, in the year one thousand eight hundred and four, relative to DUTIES, also for continuing for a limited time the several Acts of the Parliament of this Province, now in force relating thereto.

[Expired.]

CH A P. II.

An Aet for QUARTERING and BILLETING on certain occasions His Majesty's TROOPS and the MILITIA of this Province.

[Passed 9th March, 1809.] TITHEREAS, the Laws now in force for Quartering and Billeting His

Majesty's Troops, and the Militia of this Province, are not sufficiently applicable to the situation thereof, Be it enacted by the King's

Most

Preamble.

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