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XVI. And be it further enacted by the authority aforesaid, That it shall and

may be lawful for all persons who may be aggrieved by any order, sentence, An appeal to lie from

to judgment or decree of any Surrogate Court within this Province, to appeal the court of probate, from the same or any part thereof, to the Judge of the Court of Probate, who

shall have fuil power and authority, and hereby is authorized and required to examine, hear and finally determine all such appeals, and all matters concerning the same, and to reverse, affirm or alter such order, sentence, judgment or decree, and to make such other orier or decree therein, as justice and equity shall require, and thereupon to remit the same, with his order, judgment or decree in the premises, and all things concerning the same, into the Court so appealed from. Provided always, That all such appeals from

the said Surrogate Court, shall be made within fifteen days next after making if maile within fifteen days next alter judy or giving the order, sentence, judgment or decree so appealed from, and upment below,

on security being given to the satisfaction of the said Surrogate, for prosecuting such appeal, such order, sentence, judgment or decree, shall be suspend

cd. Provided always, That no appeal shall be had or lie from any such orand that the value of the rights affecteit ex: der, judgment, sentence or decree of any Surrogate Court, unless the value teeds fity pounds.

of the goods, chattels, rights or credits to be affected by such order, judgment, sentence or decree, shall be more than fifty pounds.

XVII. And in order that certain stated times be fixed for the hearing and determining all motions, petitions, pleadings, suits and causes respecting the matters aforesaid, that may be brought before the said Court of Probate, or

the said Surrogate Courts : Be it enacted by the authority aforesaid, Tbat four Terms of sitting of terms or times of Session be appointed in each and every year for the purthe said courts.

poses aforesaid, the first term to be holden from the first Monday in January to the Saturday of the same week inclusive ; the second to be holden from the last Monday in March, to the Saturday of the same week inclusive; the third to be holden from the first Monday in June to the Saturday of the same week inclusive ; and the fourth term to be holden from the last Monday in September to the Saturday of the same week.

XVIII. And be it further enacted by the authority aforesaid, That it shall

and may be lawful for the Members and Officers of the said Courts to deTees in ive taken by mand and take the following fees :the cöcial princial surrogate and register.

OFFICIAL PRINCIPAL AND SURROGATE. REGISTER. For Seal to the Probate of a Will, to Letters of Ad-)

ministration with the Will annexed, and to Let. £s. d. £ $. d. ters of Administration, where the Property de- / 0 16 0 0 6 8

volving is under £300, - - - Froin 300 to 1000l.

1 0 - 0 0 6 8 When above 20001. - - - -

2 0 0 0 6 8 For Seal of the Court to any writing or instrument, 0 13 4 0 3 4 For receiving Caveat, -

0 0 For Filing the same, -

3 4
For receiving Inventory, - - - - - 0 6 8 0 0 0
For Filing the same, - - - - - - 0 0 0 1 0 3 4
For Citation - - - - - - 0 3 4 [ 0 1 0
For Collating Will, -
For Drawing Bond and attesting Execution, - 0 0 0 1 0 6 8
For Searching Register, each year, - - - 0 0 0 1 0 1 0
For Office Copy, each page eighteen lines, six words in each 0 0 1 0 1 0

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APPARATUR OR MESSENGER..
For Service of Citation, - - - 0 2 0

by the appariter or mes. For Travelling, each mile. 1. - .0 0 4,

senger,

CH A P. IX.

An Act to authorize the Lieutenant Governor, to nominate and appoint certain COMMIS:

SIONERS for the purposes herein mentioned.

[Expired ]

CH A P. X.

An Act to establish a FUND for paying the SALARIES of the OFFICERS of the LEGIS:
LATIVE COUNCIL and ASSEMBLY, and for defraying the CONTINGENT EXPEN,
CES thereof.

[Expired.]

C H A P. XI.
An Act to encourage the DESTROYING of WOLVES and BEARS in different parts of this

Province.

[ Repealed by 47th Geo. III. c 2. ]

CHA P. XII.

An Act to provide for the APPOINTMENT of RETURNING OFFICERS of the several
Couaties within this Province.

[9th July, 1793.]
THEREAS the powers at present subsisting for the appointment of per-
V sons to execute the office of Returning Officer in each of the Districts, ir

Preamble. Counties or Circles, and Town or Townships in this Province, are limited to a certain period which will soon expire, and whereas it is necessary to

make

make further provision for the appointment of such Officers; 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 UpperCanada, 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 au

thority of the same, That it shall and may be lawful for the Governor, LieuIn what manner returning officers shall be tenant Governor, or Person Administering the Government for the time bein future appointed.

ing, from time to time to nominate and appoint by an instrument under his Hand and Seal at Arms, a proper person to execute the Office of Returning Offcer, for every county or riding, division or town within the Province.

Shall not be compelled io serve for any longer

II. Provided always, and it is hereby enacted, That no person shall be obligterm than one year. ed to execute the office of Returning Officer for any longer time than one

year, unless he shall be disposed to continue to execute the same, by and with the consent and approbation of the said Governor, Lieutenant Governor

or person administering the government for the time being. Determination of this Act.

III. Provided also, and be it hereby enacted by the authority aforesaid, That this Act shall continue in force for and during the space of seven years, and

no longer. (See 4s Geo. II. c 11, [Revived and Continued by 40th Geo. III. c 5—48, c 5–52, c 11, 1st Sess.

and 56, c 4.]

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Preamble.

24 Geo. III. c

CH A P. XIII.
An Act to establish a further FUND for the payment of the SALARIES of the OFFICERS of

the LEGISLATIVE COUNCIL and HOUSE of ASSEMBLY, and for defraying the
CONTINGENT EXPENCES thereof.

[9th July, 1793.] VITHEREAS, by a certain Act of the Parliament of Great Britain, passed

V in the fourteenth year of His Majesty's Reign, intituled “ An Act for establishing a Fund towards further defraying the charges of the administration of Justice and support of the Civil Governmənt within the Province of Quebec, in North America." it was therein, amongst other things enacted, “That from and after the fifth day of April, one thousand, seven hundred and seventy-five, there should be raised, collected and paid into His Majesty's Receiver General of the Province, for the use of His Majesty, His Heirs and Successors, a Duty of one pound sixteen shillings, sterling money of Great Britain, for every Licence that should be granted by the Governor, Lieutenant Governor or Commander in Chief of the said Province, to any person or persons, for keeping a house or other place of Public Entertainment, or for Retailing Wine, Brandy, Rum or other Spirituous Liquors, within the said

Province,"

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Province." and whereas it is necessary that the said Revenue should be increased for the purpose of paying the Salaries of the Officers of the Legislative Council and House of Assembly, and for defraying the Contingent Expences thereof:

We, Your Majesty's Most Dutiful and Loyal Subjects, the Representatives of the People of the Province of Upper-Canada, in Assembly met, do most humbly beseech Your Majesty, that it may be enacted, and 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 Aci 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," That in addition to the said sum of one pound sixteen shillings sterling as aforesaid, which shall still be and continue to be levied, collected and paid as it hitherto has been levied, collected and paid, by virtue of the Act aforesaid, there shall be raised and levied, collected and paid, under the same restrictions and penalties, in the said Act contained, unto His Majesty's Receiver General, to and for the use of His Majesty, his Heirs and Successors, and to and for the use of this Province, and towards the support of the Civil Government thereof,

twenty shillings to be the further sum of Twenty Shillings currency, upon every Licence that shall levied on all licences be granted by virtue of this Act, in manner following; that is to say, that

for the retail of wines

or spirituous liquors, arfrom and after the fifth day of April [a], which will be in the year of our ter the ofth day of A. Lord one thousand seven hundred and ninety-four, it shall and may be law

Iata may be law- [a](Sce 45 Geo III. c1) ful for the Governor, Lieutenant Governor or person administering the Government, by or through the Secretary of the Province, or other person empowered to issue Licences for the vending of Wines, Brandy, Rum or other Spiritvous Liquors, to ask for, demand and receive, over and above the sun of one pound sixteen shillings, sterling, as aforesaid, the further sum of twenty shillings, currency, for every Licence that shall or may be granted to any person for keeping a house or any other place of Public Entertainment, or for the Retailing of Wine, Brandy, Rum or other Spirituous Liquors within this Province.

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vleen shillings, sterling, as aforesaid that

II. And be it further enacted by the authority aforesaid, That in every Dis- Time and manner o trict throughout the said Province, one month at least before the fifth day of giving public notice an April, in every year, being the day whereon the said sums of one pound sixteen liable to the provisions

nually to the persons, shillings sterling, and twenty shillings eurrency, shall be due and payable as a- of this Act, to comply

therewith. foresaid, the Secretary of the Province [6], or other person empowered to issue [6](Sce 45 Geo. III.c 1, the said Licence, shall and is hereby required to give public notice in the 318-3.) Upper-Canada Gazette, or otherwise, to every person selling Wine, Brandy, Rum or other Spirituous Liquors, as aforesaid, to pay the said sum of one pound sixteen shillings sterling, and twenty shillings currency, and to receive or take out a Licence for the same, and by such public notice to warn every person who shall neglect, omit or refuse to take out a Licence, and still continue to Retail any Wine, Brandy, Rum or other Spirituous Liquors, in less quantities at any one time than Three Gallons, of the pains and penalties that they are thereby likely to incur, and hereafter to be inflicted by this Act.

mont.

III. And be it further enacted by the authority aforesaid, That every person who shall keep a house or other place of Public Entertainment, for Retail

ing Wine, Brandy, Rum or other Spirituous Liquors, shall cause to be writWords to be written, ten, painted or printed over the door of such House of Entertainment, in legipainted in Pest ble characters, the following words; “Licenced to sell Wine and other Spihouse of public enter- rituous Liquors.” and every person neglecting to have the aforesaid words,

Penalty for segles. written, painted or printed as aforesaid, and continue to keep such a house ing

of Entertainment, shall for every such offence forfeit and pay the sum of five shillings clurency, to be recovered before any one of His Majesty's Justices of the Peace, upon the oath of one credible witness; one half of which said sum shall be given to the person informing, and the other half paid into His Majesty's Receiver General, to and for the use of His Majesty, his Heirs and Successors, and to and for the use of this Province, and towards the support of the civil Government thereof.

T'ersons licenced shall enter into bonds 1 keep a decent and orderly house.

IV. And whereas, by a certain Ordinance, passed in the twenty-eighth year of His present Majesty's Reign, it was dec!ared and enacted, that every person person taking out a Licence for the purpose of Retailing Wine, Brandy, Rum or other Spirituous Liquors, should be obliged to enter into a Bond with sufficient sureties, to keep an orderly and decent house; Be it therefore enacted by the authority aforesaid, That every person taking out a Licence by virtue of this Act, shall upon receiving such Licence from the Secretary of the Province, or his ageni or other person for that purpose appointed, enter into a Bond in the penal sum of Ten Pounds to His Majesty, His Heirs and Successors, well and truly to keep a decent and orderly house during the continuance of the said Licence to him granted as aforesaid.

cences

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V. And be it further enacted by the authority aforesaid, That the Secretary of Fees of the Secretary or his agents, on Li. the Province or his agent (a), or cther person appointed to grant such Licence,

shall receive from each person to whom a Licence may be granted, over and above the Duty herein before specified, the further sum of two shillings and sixpence for his trouble in making out and issuing the same, and no more ;

and the Clerk of the Peace or other person who shall draw out such Bond Fee for drawing bond.

as aforesaid, shall receive and take the sum of two shillings and sixpence, for his trouble therein as aforesaid, and no more, any thing contained in any Ordinance of the Province of Quebec, to the contrary notwithstanding.

& hones

ter the

Retailers not keeping VI. And be it further enacted by the authority aforesaid, That the addi

entertain tional Duty imposed by this Act, shall not extend nor be construed to extend mcnt, eseinpted from the additional daty af- to any person not keeping a house of Public Entertainment for a longer space

of of time than two years next after the fifth day of April, which will be in the tito years. (See 37 Geo. III. e11) year of our Lord one thousand seven hundred and ninety-four, but that at

and after the expiration of the said term of two years, no person other than such as shall keep a house of Public Entertainment, shall be obliged to pay for any Licence to him granted a greater sum than one pound sixteen shillings sterling, as imposed by the above recited Act.

Application of the monies arising by this Act.

VII. And be it further enacted by the authority aforesaid, That the said Receiver General do pay and apply the Monies by him received under and by virtue of this Act, in the manner and for the purposes as set forth in a certain

Act

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