In actions on Judg ments, plaintiff not entitled to costs, unless by rule of Court. Plaintiffs may levy poundage and expense the judgment. of execution beyond On mesne process. after return thereof, dein custody may in vacation justify bail before oue Justice. be given of sale by Sheriff. Court, direct that such costs shall be allowed to the defendant or defen- II. And be it further enacted by the authority aforesaid, That in all actions which shall be brought in the Province of Upper-Canada after the passing of this Act, upon any judgment recovered, or which shall be recovered, in any Court of the said Province; the plaintiff or plaintiffs in such action on the judgment, shall not recover, or be entitled to any costs of suit, unless the Court in which such action on the judgment shall be brought, or some Judge of the same Court shall otherwise order. III. And be it further enacted by the authority aforesaid, That from and after the passing of this Act, in every action in which the plaintiff or plaintiffs shall be entitled to levy under an execution, against the goods of any defendant or defendants, such plaintiff or plaintiffs may also levy the Poundage fees and expences of the execution, over and above the sum recovered by the judgment. IV. And be it further enacted by the authority aforesaid, That from and after the passing of this Act, if any defendant or defendants shall be taken, detained or charged in custody, at the suit of any person or persons upon mesne process, issuing out of the Court of King's Bench, in the said Province, and shall be imprisoned and detained thereon, after the return of such process, it shall and may be lawful for such defendant or defendants in vacation time only, and upon due notice thereof given to the Attorney of the plaintiff or plaintiffs in such process, to put in and justify Bail before the Chief Justice or any of the Justices of the said Court of King's Bench, who may, if he shall think fit, thereupon order a rule to issue for the allowance of such Bail, and may further order such defendant to be discharged out of custody, by Writ of Supersedeas, or otherwise, according to the practice of the said Court, in like manner as the same is, and may be done, by an order from the Court in Term time. V. And be it further enacted by the authority aforesaid, That no Sheriff or Eight days notice to other Officer, in any District of this Province, shall proceed to the sale of any effects, taken by virtue of any Writ of Execution, until public notice in writing thereof is given, at least eight days previous thereto, at the most public place in the Town or Township where such effects may have been been taken in execution, and of the time and place where such effects are to be exposed to sale. (See 34th Geo. III. 2. & 43rd c 1.) CHA P. V. An Act for applying certain sums of MONEY therein mentioned, to make good certain MONIES issued and advanced by His Majesty through the Lieutenant Governor in pursuance of several Addresses. An Act for the relief of MENONISTS and TUNKERS in certain CASES. [Passed 9th March, 1809.] WHEREAS, the Religious Societies of the Menonists of and Tunkers, Preamble. Menonists and Ton from scruples of Conscience against taking an Oath, are subject to many inconveniencies to themselves and families, as well as to others who may require their evidence; for remedy whereof, 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, every Menonist or Tunker, in any case in which an Oath is required by Law, or upon any lawful occasion, wherein the Affirmation or Declaration of a Quaker will by Law be admitted, shall be, and is hereby permitted to make his or her Affirmation kers permitted to make or Declaration in the same manner and form as a Quaker by the Laws now in with Quakers. force is required to do, having first made the following Affirmation or Declaration, that is to say: "I, A. B. do solemnly, sincerely, and truly affirm and declare, that I am one of the Society of Tunkers or Menonists," (as the case may be) which affirmation or declaration as aforesaid of any Menonist or Tunker, except as hereinafter excepted, is hereby declared to be of the same force and effect to all intents and purposes in all Courts of Justice and other places where by Law an oath is or shall be allowed, authorised, directed or required, as if such Menonist or Tunker had taken an oath in the usual form, and all and every person or persons who is or are, or shall be authorised or required to administer any oath required by any Law now in force or hereafter to be made, although no express provision is made for the purpose in any such Law, shall be, and is or are hereby required to administer such Affirmation or Declaration. the like affirmation II. And be it further enacted by the authority aforesaid, That if any per son making such Affirmation or Declaration shall be lawfully convicted of having wilfully, falsely and corruptly affirmed and declared any matter or thing, which if the same had been deposed in the usual form upon oath, would have amounted to wilful and corrupt perjury, every such person so offending shall incur and suffer all the pains, penalties, forfeitures and disabilities as by the Laws now in force are to be inflicted on persons convicted of wilful and corrupt perjury. III. And be it further enacted by the authority aforesaid, That no Menonist or Tunker shall by virtue of this Act be qualified or permitted to give evidence in any criminal cases, or to serve on juries in criminal cases, or to hold or enjoy any office or place in the Government in this Province, any thing herein contained to the contrary notwithstanding. CHAP. VII. An Act for granting a sum of MONEY in aid of the building, a BRIDGE across the GRAND (See 50th Geo. III. € 13.) Preamble. 36th Geo. III. c 1. CHA P. VIII. An Act to repeal and amend certain parts of an Act passed in the thirty-sixth year of His [Passed 9th March, 1309.] W thirty-sixth year of His Majesty's Reign, intituled, An Act for HEREAS, an Act passed in the Parliament of this Province in the the better regulation of certain Coins current in this Province," which it is found expedient to alter and amend in order to equalize them to the cur rent value of the like Coins in the Province of Lower Canada; 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 so much of the first clause of the above recited Act, by which it is enacted that the value of the Milled Doubloon or Four Pistole piece of Spain, weighing seventeen pennyweights Troy, shall pass current and be deemed a legal tender in payment of all debts and demands whatsoever in this Province, for three pounds and fourteen shillings, and 6 the the French Louis D'or piece coined before the year one thousand seven hundred and ninety three, weighing five pennyweights and four grains, at one pound two shillings and six pence, and the French Pistole piece, coined before the same year, weighing four pennyweights and four grains, at eighteen shillings. Also, the second and eighth clauses of the said recited Act, be and the same are hereby repealed. II. And be it further enacted by the authority aforesaid, That from and af ter the passing of this Act, the Gold Coins hereinafter mentioned, shall pass current and be deemed a legal tender in payment of all debts and demands whatsoever in this Province, at the weights and rates following, that is to say, the Milled Doubloon or Four Pistole piece of Spain, weighing seventeen pennyweights Troy, at three pounds fourteen shillings and sixpence, the French Louis D'or coined before the year one thousand seven hundred and ninety three, weighing five pennyweights and four grains, at one pound two shillings and eight-pence, and the French Pistole piece coined before the same year, weighing four pennyweights and four grains, at eighteen shillings and three pence, and all the higher or lower denominations of the said Gold Coins shall also pass current and be deemed a legal tender in payment of all debts and demands whatsoever in this Province, in the same proportions respectively. Part of the 36th of Geo. II. c 1, repealed. Weight and rates of the gold coin which shall pass current in this Province. Allowance for every weigh over or under III. And be it further enacted by the authority aforesaid, That for every grain which any piece of British, Portugal or American Gold Coins, shall grain which any piece weigh more than the standard required by the before recited Acts when of gold coin shall weighed by the single piece, there shall be allowed and added in all pay- the standard ments, two pence and one farthing currency, and for every grain which any piece of the same shall respectively weigh less than the standard aforesaid, there shall be allowed and deducted in all payments, two pence and one farthing currency, and for every grain which any Spanish or French Gold Coins shall respectively weigh more than the standard, aforesaid, when weighed by the single piece, there shall be allowed and added in all payments two pence and one-fifth of a penny currency, and for every grain which any piece of the same shall respectively weigh less than the standard aforesaid, there shall be allowed and deducted in all payments, two pence and one fifth of a penny currency. IV. And whereas it would be a great facility in making payments, if Gold Coin in certain cases was weighed in bulk, and not by the single piece as herein before mentioned; Be it therefore enacted by the authority uforesaid, That every payment exceeding the sum of twenty pounds currency, which shall be made in Gold Coin, after the passing of this Act, where one of the party making or receiving the same shall require, if such Goldshall be weighed in bulk and not by the single piece. that is to say, the gold coin of Great Britain, Portugal and America together, and that of Spain and France together, and the gold coins of Great Britain, Portugal and America shall be computed at the rate of eighty nine shillings currency, for each ounce Troy, according to the table hereunto annexed, marked A. and that of Spain and France, at the rate of eighty seven shillings and eight pence half-penny currency, for each ounce Troy, according to the table hereunto annexed marked B. and on each of such weighings, a de L 3 duction payments gold coin is weighed in bulk, and wot in single pieces. Regulations when in CHAP Exhibiting the value of British, Portugal, and per Ounce, C.8. |