and give judgment and award execution thereupon as shall seem just.

May administer an

oath to either party, &

to their witnesses; and also officers of the Court

Perjury punished as by 5 Eliz.

Sessions, or the greater part of them, and the place for holding the said Court shall be fixed by the Justices acting in and for the said division, or the greater part of them and the said Justices are hereby declared, constituted and appointed to be Commissioners to hear and determine all such matters of Debt as are hereinafter mentioned; and shall have power and authority, by virtue of this Act, to give Judgment, and decree and award execution thereupon, with such costs as shall be hereinafter specified, against the goods and chattels of all and every the person and persons against whom they shall give any Judgment or decree, as to them shall seem just in Law and Equity.

II. [Repealed by 56 George III. c. 5, s.1.]

III. And, for the more due and regular proceedings in the said Court, it is hereby frrther enacted, That it shall and may be lawful for the said Justices to administer an Oath to the Plaintiff or Defendant, as well as to such Witness or Witnesses as shall be produced by each party, and also to all the Officers of the said Court, when the said Justices shall think it meet.

IV. And be it further enacted by the authority aforesaid, That in case any person or persons shall make Oath or give Evidence, in any cause depending before the said Justices in the said Court, whereby he or they shall commit wilful or corrupt perjury, and thereof be duly convicted according to Law, that such person or persons shall suffer the pains and penalties inflicted on wilful and corrupt perjury, by the Statute passed in the fifth year of the Reign of Queen Elizabeth.

V. And be it further enacted by the authority aforesaid, That no person or Commissioners shall persons shall be capable of acting as a Commissioner or Commissioners in the execution of the power given by this Act, until such time as he or they shall respectively have taken an Oath, to the effect following:

be sworn.

Oath.

Fees.

"I, A. B. do Swear, that I will faithfully, impartially and honestly, according to the best of my judgment, hear and determine such matters and things as shall be brought before me, by virtue of an Act of the Legislature of this Province, intituled 'An Act for the more easy and speedy recovery of Small Debts.' without favor or affection to either party- SO HELP ME GOD."

VI. And be it further enacted by the authority aforesaid, That the several Fees and sums of money hereinafter limited and expressed, and no more, shall and may be taken :-For every Summons, six pence; for every Judgment, two shillings; for every Execution, two shillings; for every Subpæna, six pence; for every Copy of Judgment, if demanded, one shilling; the allowance to be paid to all and every of the Witnesses, to be left to the discretion of the Justices, but not to exceed two shillings and sixpence per day to each Witness; and for serving every Summons or Subpena, within one mile of the Justice's house, one shilling; and for every mile in travelling to execute the same, when the distance exceeds, one mile, four pence; for serving a Writ of Execution, seizing and selling Effects and making Return, two shillings.

(See 37th Geo. III. c 6, s7; 38th do. c 3; 42d do. c 2, s 1; and 56h do. c 5.)

CHAP. VII.

An Act to regulate the TOLL to be taken in MILLS.

WHEREAS,

[15th October, 1792.]

HEREAS, it is expedient to ascertain and determine the quantity of Grain to be taken by way of Toll, for grinding the said grain into flour and bolting the same, and whereas, different customs have obtained within the several Districts of this Province, 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 first day of Jannuary, in the year of our Lord one thousand seven hundred and ninety three, no owner or occupier, or owners or occupiers of any Mill or Mills within this Province, or any person employed by him or them, shall demand, take or receive any quantity or proportion of Grain, brought to him or them to be ground and bolted, greater than One Twelfth share or part, for grinding and bolting such Grain.

II. And be it further enacted by the authority aforesaid, That any owner or occupier, or owners or occupiers of a Mill or Mills within the said Province, or any person employed by him or them, who shall demand and take, after the day and year abovementioned, any quantity or proportion of Grain, greater than one twelfth share or part of such Grain as aforesaid, shall, for every such offence, forfeit and pay the sum of Ten Pounds, Quebec currency; one moiety thereof to His Majesty, his Heirs and Successors, for the how levied & applied. public uses of the said Province, and the support of the government thereof; and the other moiety of the said sum to any person who shall sue for the same in any of His Majesty's Courts of Record within this Province.

III. And whereas, much inconvenience and confusion has arisen from the custom of bringing bags of grain, without any distinguishing mark to whom the said bags of grain belong, Be it enacted by the authority aforesaid, That no owner or occupier of any Mill shall be bound to receive, or be chargeable with the loss of any bag or bags of grain or flour, unless the same be

Penalty,

marked with the initial letters of the Christian and Sirname of the owner of Bags must be marked the said grain, or with some mark distinguishing the said bag or bags, which mark of distinction shall be previously communicated and made known to the said owner or occupier, or his servant usually attending the said Mill.

CHAP. VIII.

The district of Mecklenburgh to be hence

forth called the Midland District.

The district of Nassau

to be henceforth called

the Home District.

An Act for building a GAOL and COURT HOUSE in every District within this Province, and for altering the NAMES of the said DISTRICTS.

[15th October, 1792.]

WHEREAS, great inconveniences have been suffered by the Inhabi

tants of this Province, from the want of Prisons and Court Houses in the several Districts thereof, and whereas such buildings are manifestly necessary for the regular administration of Justice, and the due execution of the Laws, 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 a Gaol and Court House shall be erected, in manner hereinafter to be mentioned, in each and every District throughout the said Province.

II. And be it further enacted by the authority aforesaid, That from and after the passing of this Act, the name of the District at present known by the name of the District of Lunenburgh, and bounded as in a certain Proclamation issued by His Excellency, Guy, Lord Dorchester, in the twenty-eighth year of His Majesty's Reign, is described, shall cease, and that the said District shall hereafter, in all public proceedings, be called and known by the name of the Eastern District.

III. And be it further enacted by the authority aforesaid, That from and after the passing of this Act, the name of the District at present known by the name of the District of Mecklenburgh, and bounded as in a certain Proclamation issued by His Excellency, Guy, Lord Dorchester, in the twentyeighth year of His Majesty's Reign, is described, shall cease, and that the said District shall hereafter, in all public proceedings, be called and known by the name of the Midland District.

IV. And be it further enacted by the authority aforesaid, That from and after the passing of this Act, the name of the District at present known by the name of the District of Nassau, and bounded as in a certain Proclamation issued by His Excellency, Guy, Lord Dorchester, in the twenty-eighth year of His Majesty's Reign is described, shall cease, and that the said District shall hereafter, in all public proceedings, be called and known by the name of the Home District.

V. And be it further enacted by the authority aforesaid, That from and after the passing of this Act, the name of the District at present known by the name of the District of Hesse, and bounded as in a certain Proclamation isThe district of Hesse sued by His Excellency, Guy, Lord Dorchester, in the twenty-eighth year of His Majesty's Reign, is described, shall cease, and that the said District

to be henceforth called the Western District.

shall

'shall hereafter, in all public proceedings, be called and known by the name of the Western District.

Such alteration of raines not to avoid

VI. Provided always, and it is hereby enacted, That such alteration of the names of the said several Districts, shall not impeach, or be construed to impeach the validity of any existing commission, granted for the exercise of any commissions or legal authority or jurisdiction within the limits of the said Districts, or any of them, proceedings. by the names herein before mentioned, or to make void any legal or other proceeding, had under and by virtue of the said commissions, or otherwise

to affect the said commissions in any respect whatever.

VI. And for the better effectuating the building of the said Gaol and Court House in each of the said Districts, Be it further enacted by the authority aforesaid, and it is hereby enacted, That the Justices of the Peace within the respective limits of their commissions, at the General Quarter Sessions assembled, shall be authorized, and they are hereby authorized, by such means as shall to them seem most fitting and convenient, to procure different plans and elevations of a Gaol and Court House, to be laid before them, for the purpose of selecting and determining upon one of the said plans and elevations, which shall be approved of by the greater part of the said Justices then and there assembled as aforesaid.

thereto.

Public notice being

VIII. And be it further enacted by the authority aforesaid, That it shall and may be lawful for any two or more of the said Justices, assembled in manner aforesaid, in the name and on the behalf of the inhabitants of the several Districts, to contract, and they are hereby enabled and authorized to con- to contract for building tract, with any person or persons who shall be willing to build the said Gaol the same, agreeable and Court-House, according to the plan so approved of as aforesaid, upon a scite or situation to be determined upon by the said Justices, or the greater part of them, so assembled as aforesaid; and for that purpose, the said plan and elevation shall remain and continue in the office of the Clerk of the Peace of the said several Districts, for general inspection, and public notice shall be given to all persons willing to contract for the building of the said Gaol and Court-House, to deliver in, within a certain limited time, written proposals or offers, under seal, of the sum of unoney for which he or they will engage to build such Gaol or Court House, conformably to certain articles and conditions, to be agreed upon by the Justices then present, or the greater part of them as aforesaid; and that the said Justices shall, on a day for that purpose previously to be fixed, openly examine the said proposals so delivered in as aforesaid, and shall be empowered and are hereby required, to contract with such person or persons as shall offer to undertake and perform the said buildings for the lowest price, provided the person or persons making such proposals, shall give and enter into good and sufficient security, to be approved of by the said Justices, or the greater part of them, in manner aforesaid, for the due performance of their contract.

IX. Provided always, That it be an article within the said contract, and the person or persons so contracting shall engage, that the said Gaol and Court House shall be completed within eighteen calendar months after the execution of the said contract.

posis, and the same examined, the lowest vided the security be sufficient.

shall be accepted, pro

When to be completed.

X. And be it further enacted by the authority aforesaid, That a Gaol (See 34 Geo. m. c10 sl and Court House for the Eastern District, shall be built in manner aforeand 48 c15.) said, in the Town of New Johnstown, in the Township of Edwardsburgli.

Where to be built in the Eastern District.

in the Midland Dist.

in the Home District;

in the Western Dist.

XI. And be it further enacted by the authority aforesaid, That a Gaol and Court House for the Midland District, shall be built in manner aforesaid, in the Town of Kingston.

XII. [Repeated by 56th George 3d. c. 18. s. 5.

XIII. And be it further enacted by the authority aforesaid, That a Gaol and Court House for the Western District, shall be built in manner aforesaid, as near to the present Court House as conveniently may be.

XIV. And be it further enacted by the authority aforesaid, That in each and every District, the Sheriff thereof shall have power and authority, to nomiSheriff to appoint the nate and appoint such person as he shall judge most proper, to the office of Gaoler and Keeper of the Goal and Court House, and also to re move and discharge such Gaoler and Keeper.

Gauler.

No licence to be grant ed for retailing spiritu

ous liquors within such gaols.

XV. Provided always, That no Licence shall be granted for retailing any Spirituous Liquors within any of the said Gaols or Prisons, and if any Gaoler, Keeper or Officer of any Gaol or Prison, shall sell, lend, use, or give away or knowingly permit, or suffer any Spirituous Liquors or Strong Waters, to be sold, used, lent, or given away, in such Gaol or Prison, or brought into the same, other than except such Spirituous Liquors or Strong Waters, as shall be prescribed or given by the prescription and direction of a regular Physician, Surgeon, or Apothecary; every such Gaoler, Keeper, or other Officer, shall for every such offence, forfeit and lose the sum of Twenty Pounds, curPenalty on galer rent money of this Province, one moiety thereof to his Majesty, his Heirs and transgressing in this respect. Successors, for the public uses of the said Province, and the support of the Government thereof, and the other moiety of the said sum, with full costs of suit, to such person or persons as will sue for the same, in any of his Majesty's Courts of Record in this Province, by action of debt, bill, plaint, or information; and in case any such Gaoler or other Officer being convicted thereof as aforesaid, shall again offend in like manner, and be thereof a second time Penalty for a second lawfully convicted, such second offence shall be deemed a forfeiture of his Office.

transgression.

Rules made in Quarproved by a judge shall be binding on the gaol

ter Sessions, when ap

er and prisoners.

A yearly salary shall

be appointed to such gaoler in place of all fees, perquisites or impositions whatever.

XVI. Provided also, That it shall and may be lawful for the said Justices at their Quarter Sessions assembled, as aforesaid, or the greater part of them, to frame and draw up such rules and regulations to be observed and obeyed within the said Gaols, respectively, as to them shall seem most proper and convenient, which having received the approbation and signature of one of the Judges of the Supreme Courts shall be binding on the Gaoler and Pri

soners.

XVII. And be it further enacted by the authority aforesaid, That it shall and may be lawful for the said Justices within the respective limits of their commissions, assembled as aforesaid, or the greater part of them, and they are hereby authorized and empowered, to ascertain and appoint a reasonable yearly salary, according to their discretion, to be paid to the Gaoler, and 38th. c5, 424. c2 $2 that the said salary shall be in place of all fees, perquisites, or impositions of any sort or kind whatever, and that it shall not be lawful for the said Gaoler or any officer belonging to the said Gaol, to demand or receive any fee, perquisite or other payment, from any prisoner who may be confined within any of the said Gaols or Prisons.

(Sce 34 Geo. . e10,

48th. €15, 65th c8,

50th c2 83,c18 & 19 st.)