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Eventual determina

tion and period of the powers vested in jus

ices to solemnize marriages.

ing such event.

act or assist in falsely making, altering or forging any such entry in such register, or utter or publish as true, any such false, forged, altered or counterfeit certificate or register as aforesaid, or a copy thereof, knowing such certificate or register of Marriage respectively to be false, altered, forged, or counterfeited, or shall wilfully destroy, or cause or procure to be destroyed any register book of Marriages or any part of such register book, with an intent to avoid any Marriage, every person so offending, and being thereof lawfully convicted, shall for such offence suffer such fine and imprisonment as to the court shall seem meet, provided such imprisonment be in the common gaol of the District, for a term not less than twelve calendar months.

V. Provided always, That when and so soon as there shall be five Parsons or Ministers of the Church of England, severally incumbent and doing duty within their respective parishes or places of residence, in any one District within this Province, that the authority herein before given to the Justices of the Peace, within such District, for the purposes aforesaid, shall cease and determine, and to the end that it may become publicly known when such a number of Parsons or Ministers are incumbent within any District, it shall and may be lawful for the Governor, Lieutenant Governor or person administering the government of this Province, and he is hereby required to give notice thereof, by an instrument under his hand and seal, to the first General Quarter Sessions to be holden for the said District, certifying that there are five Farsons or Ministers of the Church of England, severally incumbent and Method of ascertain doing duty within their respective parishes or places of abode, in the said District, and that therefore the provisions herein before made, authorizing the Justices of the Peace to solemnize Matrimony, have ceased and determined within the said District, which said instrument shall be publicly read before the Justices in Quarter Sessions assembled, and kept and preserved by the Clerk of the Peace, among the records of the said District, and from and after the publication of such notice, it shall not be lawful for any Justice of the Peace within such District, to perform the Marriage ceremony; and if any Justice of the Peace within the District where such notification shall have been made in manner aforesaid, shall after the publication thereof, knowingly and wilfully pretend to perform the Marriage ceremony, between any persons under and by virtue of this Act, or under any pretence zing marriage after such whatever, he shall for every such offence, forfeit and pay the sum of Twenty Pounds, one moiety thereof to His Majesty, his Heirs and Successors for the public uses of the Province, and the support of the government thereof, and the other moiety to any person who shall sue for the same by action of debt, plaint, bill or information, in any of His Majesty's courts of record within this and the marriage to be Province, and such pretended Marriage so performed, shall be null and void to all intents and purposes whatever.

Penalty for solemni

event:

void.

No valid objection to a marriage, it's not be ing celebrated in a church or chapel.

VI. And be it further enacted by the authority aforesaid, That it shall be no valid objection to the legality of any Marriage heretofore solemnized by any Parson or Minister, either by Licence, or after due publication of Banns, or hereafter to be solemnized in manner aforesaid, or by any Justice of the Peace, duly authorized under the provisions of this Act, that the same was not solemnized in a church or chapel duly consecrated, nor shall any such Marriage, on account thereof, be held or taken to be illegal.

VII. And be it further enacted by the authority aforesaid, That this Act shall be publicly read in the several Districts of this Province, at the opening of the General Quarter Sessions of the Peace for each District, that shall be holden next after the passing thereof, and once in every year for two years following at the Quarter Sessions to be holden in the month of January.-(See 38 Geo. III. c 4.)

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CHAP. VI.

An Act to fix the Times and Places of holding the COURTS of GENERAL QUARTER
SESSIONS of the PEACE, within the several Districts of this Province.

[9th July, 1793.]

HEREAS, it is necessary to fix the Times and Places for holding the Courts of General Quarter Sessions of the Peace within the several Districts in this Province; Be 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 from and after the passing of this Act, the several Courts of General Sessions of the Peace within this Province respectively, shall commence and be holden at the times and places hereinafter mentioned, yearly and in every year, that is to say That the Courts of General Quarter Sessions of the Peace for the Eastern District of this Province, shall commence and be holden in New Johnstown, (a,) on the second Tuesdday in the month of October, and on the sccond Tuesday in the month of April; and in the Town of Cornwall, on the second Tuesday in the month of January, and on the second Tuesday in the month of July.

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In the Midland Dis

II. And be it enacted, That the Courts of General Quarter Sessions of the Peace for the Midland District of this Province, shall commence and be trict. holden in Adolphus Town, on the second Tuesday in the month of July, and on the second Tuesday in the month of January; and in Kingston, on the second Tuesday in the month of April, and on the second Tuesday in the month of October.

In the Home District. [a] (See 41 Geo. III.

III. And be it enacted, That the Courts of General Quarter Sessions of the Peace for the Home District of this Province, shall commence and be holden c652) in the Town of Newark, on the second Tuesday in the month of July, on the secoud Tuesday in the month of Obtober, on the second Tuesday in the month of January, and on the second Tuesday in the month of April. (a)

In the Western Dis. trict.

Special Sessions at Michilimackinac.

(See 47 Geo III. c 11 --55, c 9 & 16,—56, c 1, s 4,-58, c 2.)

IV.

V. [Repealed by 36th George III. c 4, s 1.]

CHA P. VII.

Preamble.

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An Act to prevent the further introduction of SLAVES, and to limit the Term of Contracts for
SERVITUDE within this Province.

[9th July, 1793.]

WHEREAS it is unjust that a people who enjoy Freedom by Law should

encourage the introduction of Slaves, and whereas it is highly expedient to abolish Slavery in this Province, so far as the same may gradually be done without violating private property; Be 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 yearof 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 Recital of Act 30 Geo. and after the passing of this Act, so much of a certain Act of the Parliament of Great Britain, passed in the thirtieth year of His present Majesty, intituled "An Act for encouraging new Settlers in His Majesty's Colonies and Plantations in America." as may enable the Governor or Lieutenant Governor of this Province, heretofore parcel of His Majesty's Province of Quebec, to grant a licence for importing into the same any Negro or Negroes, shall be, and the same is hereby repealed; and that from and after the passing of this Act, it shall not be lawful for the Governor, Lieutenant Governor or Person administering the Government of this Province, to grant a licence for the importation of any Negro or other person to be subjected to the condition of a Slave, or to a bounden involuntary service for life, into any part of this ProProvisions againt the vince; nor shall any Negro, or other person who shall coine or be brought into this Province after the passing of this Act, be subject to the condition of a Slave, or to such service as aforesaid, within this Province, nor shall any voluntary contract of service or indentures that may be entered into by any parties within this Province, after the passing of this Act, be binding on them or either of them, for a longer time than a term of nine years, from the day Term of servitude by of the date of such contract.

The same in part repealed.

further introduction of slaves.

Contract limited.

The owners of slaves at present within the

Province, confirmed in their property therein.

II. Provided always, That nothing herein contained shall extend, or be construed to extend to liberate any Negro, or other person subjected to such service as aforesaid, or to discharge them or any of them from the possession of the owner thereof, his or her executors, administrators or assigns, who shall have come or been brought into this Province, in conformity to the conditions prescribed by any authority for that purpose exercised, or by any Ordi

nance

nance or Law of the Province of Quebec, or by Proclamation of any of His Majesty's Governors of the said Province for the time being, or of any Act of the Parliament of Great Britain, or shall have otherwise come into the possession of any person, by gift, bequest or bona fide purchase before the passing of this Act, whose property therein is hereby confirmed, or to vacate or annul any contract for service that may heretofore have been lawfully made and entered into, or to prevent parents or guardians from binding out children until they shall have obtained the age of twenty-one years.

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The children that

shall be born of female service of the owner of their mother until the they shuil be discharg

slaves, to remain in the

age of 25 years, when

ed.

III. And in order to prevent the continuation of Slavery within this Province, Be it enacted by the authority aforesaid, That immediately from and after the passing of this Act, every child that shall be born of a Negro mother, or other woman subjected to such service as aforesaid, shall abide and remain with the master or mistress in whose service the mother shall be living at the time of such child's birth, (unless such mother and child shall leave such service, by and with the consent of such master or mistress) and such master or mistress shall, and is hereby required to give proper nourishment and cloathing to such child or children, and shall and may put such child or children to work, when he, she er they shall be able so to do, and shall and may retain him or her in their service, until every such child shall have attained the age of twenty-five years, at which time they and each of them shall be entitled to demand his or her discharge from and shall be discharged by such master or mistress, from any further service. And to the end that the age of such child or children may be more easily ascertained, the master or of slaves to be recordmistress of the mother thereof, shall and is hereby required, to cause the day of the birth of every such child as shall be born of a Negro or other mother, subjected to the condition of a Slave, in their service as aforesaid, to be registered within three months after its birth, by the Clerk of the parish, township or place wherein such master or mistress reside, which Clerk shall be authorized to demand and receive the sum of one shilling, for registering the same. And in case any master or mistress shall refuse or neglect to cause such register to be made, within the time aforesaid, and shall be convicted thereof, either on his or her confession, or by the oath of one or more credible witness or witnesses, before any Justice of the Peace, he or she shall, for ing or refusing to reevery such offence, forfeit and pay the sum of five pounds, to the public cord the same. stock of the District.

ed.

Birth of the children

Penalty for neglect

Remedy against the

IV. And be it further enacted by the authority aforesaid, That in case any such master or mistress shall detain any such child born in their service as afore- children. said, after the passing of this Act, under any pretence whatever, after such Servant shall have attained the age of twenty-five years, except by virtue of a contract of service, or indentures, duly and voluntarily executed, after such discharge as aforesaid, it shall and may be lawful for such Servant to apply for a discharge to any of His Majesty's Justices of the Peace, who shall and is hereby required thereupon to issue a summons to such master or mistress, to appear before him to shew cause, why such Servant should not be discharged, and the proof that such Servant is under the age of twenty-five years, shall rest upon and be adduced by the master or mistress of such Servant; otherwise it shall and may be lawful for the said Justice to discharge such Servant from such service as aforesaid, Provided always, That in case any issue shall be born of such children, during their infant servitude, or after, sue of children of slaves such

Provision for the fs

such issue shall be entitled to all the rights and privileges of free born subjects.

Security to be given on liberating a slave.

V. And be it further enacted, That whenever any master or mistres shall liberate or release any person subject to the condition of a Slave from their service, they shall at the same time, give good and sufficient security to the Church or Town Wardens of the parish or township where they live, that the person so released by them shall not become chargeable to the same, or any other parish or township.

Preamble

risdiction of the court of probate.

CHAP. VIII.

AN ACT to Establish a COURT of PROBATE in this Province, and also a SURROGATE
COURT in every District thereof.

[ 9th July, 1793.]

HEREAS it is expedient to establish a Court for the purpose of granting Probate of Wills and committing Letters of Administration of the Goods of Persons dying Intestate, having Personal Estate within this Province, Be 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 there be constituted and established, and there is hereby constituted and established a Court with full Constitution and ju- power and authority to issue process and hold cognizance, of all matters relative to the granting of Probates, and committing Letters of Administration, and to grant Probates of Wills, and commit Letters of Administration of the Goods of Persons dying Intestate, having Personal Estate, Rights and Credits within this Province, to be called and known by the name of the Court of Probate of the Province of Upper-Canada, and that the Governor, Lieutenont Governor, or Person Administering the Government thereof, shall preside in the said Court, to hear, give, order or decree, or pronounce judgment in all questions, causes or suits that may be brought before him, relative to the matters aforesaid, and that for such purpose he may from time to time, when he shall be so disposed, call such person or persons as he shall think proper, to be Assessor or Assessors with him, and that it shall and may be lawful for the Governor, Lieutenant Governor or person Administering the Government in this Province, to nominate and appoint from time to time, an official principal of the said Conrt, together with a Register and such Officers as may be necessary for the exercise of the jurisdiction to the said Court belonging.

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