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, when and as often as the said Troops or Militia shall be on a march within the said Province, each and every householder therein, shall furnish them when required, in manner hereinafter mentioned, with house-room, fire and utensils for cooking, and in cases of emergency, by actual invasion or otherwise, it shall and may be lawful for the Officer commanding His Majesty's Troops or Militia, or in cases where orders cannot be received from him in due time, for the Officer commanding any regiment, battalion or detachment of Troops or Militia, to direct and authorize any Officer of the same, having first obtained a warrant for such purpose from one of His Majesty's Justices of the Peace, to impress such horses, carriages and oxen as the service may require, for the use of which, the owner or owners thereof, shall be entitled to receive the sum of seven shillings and six-pence (a) per day, for every cart or carriage, with two horses or oxen, during such time as they shall be employed in such service, and when and so often as the owner of such team shall send a driver, he shall be allowed a further sum of two shillings and sixpence per day.

II. And be it further enacted by the authority aforesaid, That when the said Troops or Militia, or any regiment, battalion or detachment of the same, are on a march as aforesaid, the Officer commanding such Troops or Militia, or any regiment, battalion or detachment thereof, shall present to one of His Majesty's Justices of the Peace, the order received by him from the Commander of the said Troops or Militia, authorizing him the said Officer commanding, as aforesaid, to make, and when upon extraordinary emergencies, such order cannot be obtained, it shall and may be lawful for him the said Officer commanding as aforesaid, to make a requisition in writing to such on their march. Justice Billet, who shall immediately thereupon, so billet the said Troops or Militia, as to facilitate their march, and in such manner as may be most commodious to the inhabitants, and that every inhabitant householder, who shall refuse to receive the said Troops or Militia, so billetted on them as aforesaid, shall, for every such offence, forfeit and pay the sum of forty shillings.

Militia to be billeted

Penalty for refusing billet.

The mode of billet

III. And be it further enacted by the authority aforesaid, That when the safety of this Province, shall require that the said Troops or Militia, or any regiment, battalion or detachment of the same, should be cantoned in any ing the militia wh part or parts of the said Province, then and in such case, it shall and may cantoned." be lawful for one of His Majesty's Justices of the Peace in the respective Districts, where such Troops or Militia may be cantoned, upon receiving an order from the Commander of the said Troops or Militia, or by a requisition from the Officer commanding any such cantonment, to quarter and K 3

billet

person shall think him

self aggrieved.

billet, and the said Justice is hereby required to quarter and billet the Officers, Non-commissioned Officers and Privates of the said Troops or Militia, upon the several inhabitant householders, as near as may be to the place of cantonment, so that the said Troops or Militia billetted on each inhabitant householder, shall not exceed six in number, avoiding as much as possible, to incommode the said inhabitants, and taking due care to accommodate the said Troops or Militia, and if any inhabitant householder shall refuse to receive such Troops or Militia, so billetted on him as aforesaid, he shall for each and every offence, forfeit and pay the sum of forty Redrass in case any shillings. And if any inhabitant shall consider himself aggrieved, by having a greater number of the said Troops or Militia billetted upon him than he ought to bear in proportion to his neighbours, by the said Justice, on complaint being made to two or more Justices of the District where such Troops or Militia shall be cantoned, it shall and may be lawful for such Justices, and they are hereby authorised to relieve such inhabitant, by ordering such and so many of the said Troops or Militia, to be removed and quartered upon such other person or persons as they shall see cause, and such other person or persons shall be obliged, under the penalty of forty shillings, to receive such Troops or Militia accordingly. Provided, That no Justice or Justices of the Peace having any military office or commission in the said Troops or Militia, shall directly or indirectly, be concerned in the quartering or billetting of any Officer, Non-commissioned Officer, Soldier or Soldiers of the regiment, company or detachment, under the immediate command of such Justice or Justices.

IV. And be it further enacted by the authority aforesaid, That when the said Troops or Militia, or any part of them, shall be so cantoned as aforesaid, any one of His Majesty's Justices of the Peace, of and in the District where sucb cantonment is made, upon receiving an order from the Commander in Chief of said Troops or Militia in that behalf, or a requisition in writing from the Officer commanding that cantonment, for such and so many car riages as may be requisite and necessary for the said Troops or Militia, shall and may, and he is hereby required, to issue his warrant, to such person or persons as may be possessed of carriages, within his jurisdiction, re quiring him or them to furnish the same, for the service aforesaid, at and after the rate of payment allowed to carriages furnished to the said Troops or Militia when on a march, herein before mentioned (a,) and if any such person or persons shall neglect or refuse, after receiving such warrant, to furnish his or their carriage or carriages, for that service, each and every such person or persons shall forfeit and pay the sum of forty shillings. Provided always, That such carriage or carriages, horses or oxen, or the carriage or carriages mentioned in the first clause of this Act, shall not be compelled to proceed more than thirty miles, unless in cases where other carriages horses or oxen, cannot immediately be had to replace them.

V. And whereas in cases of emergency, it may sometimes become ne cessary to provide proper and speedy means for the conveyance by water, of the said Troops or Militia. and also of their ammunition, provisions and baggage, Be it therefore further exacted by the authority aforesaid, That any

one

Boats or other craft to be furnished in cases

one of His Majesty's Justices of the Peace, of and in the District where such Troops or Militia may be either on a march, or in cantonment, upon receiving an order from the Commander in Chief of the said Troops or Militia in that behalf, or a requisition in writing from the Officer commanding any regiment or detachment of the same, for such boats or other craft, as may be requisite for the conveyance of the said Troops or Militia, and their of emergency. ammunition, provisions and baggage, shall and may, and he is hereby required to issue his warrant to such person or persons as may be possessed of such boats or other craft, within his jurisdiction, requiring him or them to furnish the same for that service, at and after the rate of payment to be I allowed by the said Justice, not exceeding the usual rate of hire for such boats or other craft, and if any such person or persons shall neglect or refuse, after receiving such warrant, to furnish his or their boats or craft, for that service, each and every such person or persons shall forfeit and pay the sum of five pounds.

act.

Penalty.

Mode of recovering

VI. And be it further enacted by the authority aforesaid, That all penalties and forfeitures by this Act inflicted, or authorized to be imposed, shall be penalties under this levied and recovered, by distress and sale of the offender's goods and chattels, by warrant under the hand and seal of any Justice of the Peace, and such Justice is hereby empowered and required, to grant the same upon the confession of the party or parties, or upon the evidence of any one or more credible witness or witnesses, upon oath, and the overplus, if any, of the money arising by such distress and sale, shall be returned upon demand, to the owner or owners of such goods and chattels, deducting therefrom the costs and charges of such distress and sale, one half of the said penalties. and forfeitures shall be paid to the informer, the other half into the hands of His Majesty's Receiver General, to and for the use of His Majesty, His Heirs and Successors, for the public uses of this Province, and towards the support of the Government thereof, to be accounted for to His Majesty, through the Commissioners of His Treasury, for the time being, and in suchmanner and form as it shall please His Majesty to direct.

Ordinance of Que

pealed.

VII. And be it further enacted by the authority aforesaid, That an Act or Ordinance of the late Province of Quebec, passed in the twenty-seventh year bec, 27tb Geo. 3d reof His Majesty's Reign, intituled "An Ordinance for quartering the Troops upon certain occasions in the country Parishes, and providing for the conveyance of effects belonging to the Government." be, and the same is hereby repealed.

CHA P. III.

An Act to encourage the Destroying of WOLVES in this Province.

[Passed 9th March, 1809.]

HEREAS, the inhabitants of this Province have suffered, and continue to suffer great injury and damage from Wolves, since the discontinuance of the Bounty heretofore granted for the destroying them; Therefore be it

enacted

Preamble.

On presenting a certificate from a Justice

the sum of 20s, to be paid for the scalp of every wolf taken and

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, all and every person or persons who shall kill or cause to be killed any Wolf or Wolves, and who shall, after the death thereof, take or cause to be taken the scalp or scalps with the ears on the same, of such Wolf or Wolves, before any one of His Majesty's Justices of the Peace, acting within the division where such Town, Township or Parish, where the said Wolf or Wolves shall have been killed, shall be, and make oath before the said Justice, that the said Wolf or Wolves was or were killed within the said Town, Township or Parish, or within five miles of any inhabited place next adjoining the said Town, Township or Parish, which oath the said Justice is hereby empowered to administer, the said Justice having first destroyed the said scalp or scalps, shall give to such person or persons a certificate of the fact or facts having been proved to his satisfaction, and such certificate being presented to the Treasurer of the District, Exception as to the shall authorise the person or persons obtaining and presenting the same, to ask for, demand and receive of and from the said Treasurer, the sum of Twenty Shillings for the scalp of every Wolf so taken and presented. Provided always, That nothing herein contained shall extend or be construed to extend the said reward to any Indian or Indians, who shall kill or cause to

killed.

Indians.

Payment by the be killed any Wolf or Wolves as aforesaid.

Treasurer of the dis

trict.

Certain expences of the district to be paid before payment made by virtue of the certificale.

II. And be it further enacted by the authority aforesaid, That when and so often as any person or persons, possessed of any such certificates as aforesaid, shall present the same to the Treasurer of the District wherein such Wolf or Wolves shall have been destroyed, he, the said Treasurer, shall forthwith pay and satisfy the bounty to which such certificate shall entitle the person or persons presenting the same, provided the District fund in his hands do enable him so to do, and if the District fund in his hands do not enable him the said District Treasurer to pay and satisfy such bounty forthwith, then and in such case, he the said District Treasurer shall pay and satisfy the same out of the monies of the District which shall next thereafter come into his hands.

III. Provided always, and be it further enacted by the authority aforesaid, That it shall not be lawful for the Treasurer of any District to pay and satisfy the bounty to which such certificate shall entitle the person or persons presenting the same, until he shall have paid the other annual expences of the Districi, arising from the building a Court-house and Gaol, and keeping the same in repair, the salary of the Clerk of the Peace and Gaoler, the maintenance of the prisoners, and the fees of the Coroners and other officers, any thing herein contained to the contrary notwithstanding.

IV. And be it further enacted by the authority aforesaid, That when and as often as the funds of any District will, according to the provisions of this Act, enable the Treasurer of such District to pay and satisfy the bounty to which such certificate shall entitle the person or persons presenting the same, it shall and may be lawful for the Magistrates of such District, in Quarter Sessions assembled, to order that each and every certificate granted as aforesaid for having destroyed a Wolf or Wolves, shall be a lawful tender to the full value and amount therein specified, for and towards the discharge of any District rate or assessment to be collected of or from any person or persons within the District, wherein such Wolf or Wolves a shall have been destroyed; and shall, accordingly as such, be accepted and taken as equivalent to so much of the current gold or silver coin of this Province, by the Collector of each and every Township within such Dis trict respectively, and as such, shall and may by each and every Collector respectively, be paid and delivered over to the District Treasurer, by whom the same shall in like manner be taken and accepted as a lawful tender, and equivalent to so much of the aforesaid current coin of this Province.

Under what circumstances the certificate

shall be accepted as a discharge for the sum any district assessment.

therein contained, of

CHAP. IV.

An Act for the more effectual preventing of FRIVOLOUS and VEXATIOUS SUITS, and to authorize the LEVYING of POUNDAGE upon EXECUTIONS in certain CASES, and to regulate the SALES by SHERIFFS and other Officers.

BE

[Passed 9th March, 1809.]

E 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 in all actions to be brought in the Province of Upper-Canada, from and after the passing of this Act, wherein the defendant or defendants shall be arrested and held to bail, and wherein the plaintiff or plaintiffs shall not recover the amount of the sum for which the defendant or defendants in such action shall have been so arrested and held to Special Bail, such defendant or defendants shall be entitled to costs of Suit, to be taxed according to the custom of the Court, in which such action shall have been brought, provided it shall be made appear to the satisfaction of the Court, in which such action is brought, upon motion to be made in Court for that purpose, and upon hearing the parties by affidavit, that the plaintiff or plaintiffs in such action, had not any reasonable or probable cause for causing the defendant or defendants to be arrested and held to Special Bail, in such amount as aforesaid; and provided that such Court shall thereupon by Rule or Order of the same

Court,