sioners, or the majority of them, for the due execution of this Act, then and in every such case, it shall and may be lawful to and for the said Commissioners, or the majority of them, to impose upon any such officer or officers, a fine not exceeding fifty pounds, sterling, for any one offence, and to commit such officer or officers, till such fine shall be paid unto the Receiver General of this Province, to and for the uses of His Majesty, His Heirs and Successors, for the public uses of this Province, and for the support of the Government thereof, to be accounted for to His Majesty, through the Lords Commissioners of His Majesty's Treasury for the time being, in such manner as it shall please His Majesty to direct.

&c. by the Comm'rs

Fees.

Oath to be taken by

XVI. And be it further enacted by the authority aforesaid, That the said Appointment of clerks Commissioners, or the majority of them, shall, and they are hereby authorized, from time to time, to appoint and employ Clerks or other necessary officers for the execution of this Act, which said Clerks or other officers respectively, are hereby required faithfully to execute and perform the trust in them respectively reposed, without taking any thing for such their service, other than such fees, salaries or rewards, as the said Commissioners, or the majority of them, shall think fit and direct in that behalf, and every such Clerk or other officer, before he enters on the execution of his employment shall take an oath for his true and faithful demeanor, in clerks, &c. all things relating to the trusts reposed in him by the said Commissioners, and that he will not directly nor indirectly take or receive any fee or reward, or accept the promise of any fee or reward, for any thing whatsoever to be done by him in the execution of the said trusts, except what shall be settled or allowed by the said Commissioners, or the majority of them, and that he will not, directly nor indirectly, have any part, share, or interest, or make any benefit by any discoveries of any forfeited or forfeitable estates or interests whatsoever, intended to be vested in the said Commissioners, in pursuance of this Act, or conceal, or cause, or procure to be concealed the same or any part thereof.

Provision for the re

officers, by the Com

XVII. And be it further enacted by the authority aforesaid, That there shall and may be paid to such person or persons as the said Commissioners or muneration of inferior the majority of them, shall nominate, upon account for payment of salaries of inferior officers employed under them, and for incident charges in and for the performance of the several trusts by this Act committed to the said Commissioners, such sums of money as the said Commissioners, or the majority of them, judge to be necessary and reasonable in that behalf, out of such monies as shall, from time to time, be or remain in the hands of the said special Receiver for the time being, by virtue of any of the clauses, matters, or things, in this Act contained, and the said special Receiver is hereby authorised and required to pay the same out of such monies, upon vouchers or authorities signed for that purpose by the said Commissioners, or the majority of them.

XVIII. And be it further enacted by the authority aforesaid, That an appeal Proceedings in appeal shall lie to the Commissioners of Appeal in this Province, from the judg

ment and decree of the said Commissioners, upon any claim that shall be

brought

Attorney and Solic

tor Generals accounts how to be audited and discharged.

the Commissioners and security given.

brought before them in pursuance of this Act, and that the appellant or appellants from any such judgment or decree, shall, within twenty days from the giving or passing of the same, present to the said Commissioners or the majority of them, his, her, or their exception or exceptions to the said judgment or decree, which exception or exceptions, shall be in writing, and signed by the party or parties appealing, or his, her, or their Attorney, and shall be entered by the said Commissioners in a book to be kept by them for that purpose, a transcript of which exceptions, signed by the majority of the said Commissioners, shall be remitted without delay to the Clerk of the said Commission of Appeal for the time being, that the said Commissioners of Appeal may proceed as soon after as may be convenient, to consider the said judgment or decree, and to reverse or affirm the same as they shall judge thereupon; and if the appellant or appellants do not appear personally, or by his or their Attorney to prosecute such appeal within the next term after the said transcript shall have been filed by the Clerk of the Commissioners, the said Commissioners are hereby required to hear the argument on such appeal, ex-parte, and to decide thereupon according to their judgment on the matters contained in the said transcript, and the judgment of the Commissioners on such appeal, shall be final and conclusive.

XIX. And be it further enacted by the authority aforesaid, That His Majesty's Attorney and Solicitor General of this Province, shall and may make out their contingent accounts against the Government of this Province, for all services rendered by them on behalf of His Majesty, in respect of the estates hereby vested or to be vested in the said Commissioners, which accounts being duly sworn to, shall be inspected and audited by the said Commissioners, or the majority of them, following as nearly as may be the usual allowance of fees made to those officers respectively, for services of a similar nature, and the amounts of such accounts so audited, shall be paid by the said special Receiver, for the time being, under the authority of the said Commissioners, or the majority of them, out of such monies as shall come into his hands in pursuance of this Act.

XX. And be it further enacted by the authority aforesaid, That the Commissioners to be appointed under this Act shall, before entering upon the duties of their office, take an oath to execute, faithfully and impartially, with all possible despatch, according to the best of their ability, the several Oath to be taken by duties imposed upon them by this Act, which oath shall be taken and subscribed before the Executive Council of this Province, and shall enter into a bond under the penalty of one thousand pounds, to pay over into the hands of the said special Receiver, all such sums of money as shall be paid to them, in pursuance of this Act, within one month after they shall receive the same respectively, and that each of the said Commissioners, acting in pursuance of this Act, shall be entitled to receive a sum not exceeding one pound per day, for every day he shall be so employed in executing thre provisions of this Act, which sums shall be paid to them respectively by the said special Receiver annually, out of such monies as shall come into his hands in pursuance of this Act, upon the warrant of the Governor. Lieutenant Governor, or Person administering the Government of this ProXXI.

Remuneration.

vince.

XXI. And be it further enacted by the authority aforesaid, That the special Receiver to be appointed under this Act, for the time being, shall before entering upon the duties of his office, take an oath to execute faithfully the duties imposed upon him by this Act, which oath shall be taken and subscribed before the Executive Council of this Province, and shall enter into a bond, with a penalty of four thousand pounds, with two sureties in the sum of two thousand pounds each, to pay over and duly account for all such sums of money as he shall receive in pursuance of this Act, and that the said special Receiver for the time being, shall and may retain in his hands two pounds ten shillings, for every hundred pounds to be by him received and paid in pursuance of this Act, as a remuneration for services therein, and that the balance remaining in his hands after the payment of all and every of the certificates, debentures, accounts, charges, salaries and deductions mentioned or provided in this Act, shall be paid by the said special Receiver, in discharge of such warrants as the Governor, Lieutenant Governor or Person administering the Government of this Province, by and with the advice of the Executive Council thereof, shall from time to time issue in favor of any person or persons, for any sum or sums of money to be paid them towards compensating the losses which he, she or they have sustained by the invasion of the enemy or otherwise, in consequence of the late war with the United States of America.

Oath of Special Receiver.

Security.

Remuncration.

Appropriation of proceeds of the forfeited estates, after payment of all accounts, charges

and deductions.

CHAP. XIII.

An Act to repeal an Act passed in the fifty-fifth year of His Majesty's Reign, entitled “An Act to Licence PRACTITIONERS in PHYSIC and SURGERY throughout this Province" and to make further provision for Licencing such Practitioners.

W

[Passed 27th November, 1818.]

Preamble.

55th Geo. III. c 5 re

HEREAS, the provisions of an Act of the Parliament of this Province, passed in the fifty-fifth year of His Majesty's Reign, entitled "An Act to Licence Practitioners in Physic and Surgery throughout this peated. Province." have been found to be impracticable; 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 ed and assembled by virtue of and under the authority of an Act passed in the Parliament of Great Britain, entitled, "An Act to repeal certain parts of an Act passed in the fourteenth year of His Majesty's Reign, entitled, "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 the above recited Act be and the same is hereby repealed.

Medical Board to be appointed for examina

II. And be it further enacted by the authority aforesaid, That it shall and may be lawful for the Governor, Lieutenant Governor, or Person adminis- tion of candidates for

tering Licences to practice,

Board.

tering the Government, to constitute and appoint, under his hand and seal at arms, five or more persons legally authorised to practice Physic, Surgery, or Midwifery, in this Province, to be a Board, whereof any three to be a quorum, to hear and examine all persons desirous to apply for a Licence, to practice Physic, Surgery, and Midwifery, or either of them, within this Province, and being satisfied by such examination that any person is duly Certificate of the qualified to practice Physic, Surgery, and Midwifery, or either, to certify the same, under the hands and seals of two or more of such Board, whereupon the Governor, Lieutenant Governor, or Person administering the Government, being satisfied of the loyalty, integrity, and good morals of such applicant, may, under his hand and seal at arms, grant to him a Licence to practice Physic, Surgery, and Midwifery, or either, conformable to such certificate, Provided always, That nothing in this Act shall extend to prevent any female from practising Midwifery in this Province, or to require such female to take out such Licence, as aforesaid, Provided also, That no person duly authorised by any University in His Majesty's dominions, or by commission or warrant in His Majesty's Naval or Military service, or who have been heretofore licenced by any Medical Board in this Province, shall be restrained from practising for want of such Licence, as aforesaid.

Licence.

Exceptions.

Penalty for practising Physic, &c. without Li

cence.

How recovered and

applied.

III. And be it further enacted by the authority aforesaid, That if any person, not excepted as aforesaid, shall practice Physic, Surgery, or Midwifery within this Province, without such Licence, he shall for every such offence, forfeit and pay the sum of one hundred pounds, to be recovered in His Majesty's Court of King's Bench, by action of debt, bill. plaint, or information, one moiety whereof shall be given to the informer, and the other moiety paid into the hands of the Receiver General of this Province, to and for the use of His Majesty, His Heirs and Successors, and to and for the use of this Province, and the support of the Civil Government thereof, to be accounted for to His Majesty through the Lords Commissioners of His Majesty's Treasury, for the time being, in such manner and form as it shall please His Majesty Provision in favour of to direct, Provided always, That nothing in this Act shall extend to any perbefore 1st January 1812. son who has been resident, practicing Physic, Surgery, and Midwifery, before the first of January, one thousand eight hundred and twelve, until twelve months after the constitution of such board as aforesaid, and notice thereof, and of the time and place of its assembling, be given in the Upper Canada Gazette.

resident Practitioners

IV. And be it further enacted by the authority aforesaid, That it shall and may be lawful for such Board, to ask, demand and receive for every such Fees on Certificates. certificate from the person claiming the same, the sum of three pounds ten shillings, and that it shall also be lawful for the private Secretary of the Governor, Lieutenant Governor or Person administering the Government, to ask, demand and receive for such Licence, of and from the person receiving the same, the sum of twenty shillings.

And on Licences.

V. [Repealed by 59th Geo. III. 2d Session, c. 2, s. 1.]

С НА Р.

CHAP. XIV.

An Act to repeal an Ordinance of the Province of Quebec, passed in the twenty-fifth year of His Majesty's Reign, entitled, "An Ordinance concerning LAND SURVEYORS, and the ADMEASUREMENT of LANDS," and also to extend the provisions of an Act passed in the thirty-eighth year of His Majesty's Reign, entitled, "An Act to ascertain and establish on a permanent footing the BOUNDARY LINES of the different Townships of this Province," and further to regulate the manner in which Lands are hereafter to be Surveyed.

WH

[Passed 27th November, 1818.]

HEREAS, an Ordinance of the Province of Quebec, passed in the twenty-fifth year of His Majesty's Reign, entitled, "An Ordinance concerning Land Surveyors, and the Admeasurement of Land," is in many instances, as far as the same relates to this Province, found to be inapplicable, 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, entitled "An Act to repeal certain parts of an Act passed in the fourteenth year of His Majesty's Reign, entitled 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 the said Ordinance, so far as it relates to, or affects this Province, be and the same is hereby repealed.

II. And whereas, it is necessary to extend the provisions of an Act, passed in the thirty-eighth year of His Majesty's Reign, entitled, " An Act to ascertain and establish on a permanent footing the Boundary Lines of the different Townships of this Province, Be it enacted by the authority aforesaid, That all boundary lines of Townships, all concession lines, governing points, and all boundaries, posts or monuments, which have been placed or planted at the front angles of any lots or parcels of Land, in the first Survey, intended to determine the width of such lots or parcels of Land, provided such Survey has been performed under the authority of the Executive Government of the late Province of Quebec, or under the authority of the Executive Government of this Province, shall be and the same are hereby declared to be the true and unalterable boundaries of all and every of such Townships, concessions, and lots respectively, and that every lot or parcel of Land respectively, whether it shall upon admeasurement be found to contain the exact width, or more or less than what may be expressed in any Letters Patent, Grant or other Instrument, in respect of such Boundaries or Lines mentioned and expressed, shall embrace the whole width contained between the front posts, monuments or boundaries, planted or placed at the front angles of any such lot or parcel of Land as aforesaid, in such original Survey as aforesaid, and no more nor less, and every half or quarter of such lot or parcel, its proportion, any thing in such patent or instrument to the contrary thereof in anywise notwithstanding.

4 H

III.

Preamble.

Ordinance of Quebec respecting Land Sur

veyors, repealed.

38th Geo. III. c 1.

What are declared to

be unalterable bounda cessions and lots.

ries of townships, con