cient amend shall be made by or on behalf of the party or parties who shall have committed, or cause to be committed, any such irregularity or wrongful proceedings before such action brought; and in case no such tender shall have been made, it shall and may be lawful for the defendant in any such action, by leave of the Court where such action shall depend, at any time before issue joined, to pay into Court such sunr of money as he or they see fit, whereupon such proceedings, orders and judgments shall be had, made and given in and by such Court, as in any other actions where the defendant is allowed to pay money into the Court.

LX. And be it further enacted by the authority aforesaid, That if any action or suit shall be commenced against any person or persons, for any thing done in pursuance of this Act, then and in every such case such action or suit shall be commenced or prosecuted within three months after the fact committed, and not afterward, and the same or every such action or suit shall be brought in the District and not elsewhere, and the defendant in every such action or suit, shall and may plead the general issue, and at the trial thereof give this Act and the special matter in evidence; and if the matter or thing complained of, shall appear to have been done under the authority and in the execution of this Act, or if any such action or suit shall have been brought after the time limited for bringing the same, or be brought and had in any other District or place, then as afore-mentioned the Jury shall find for the defendant or defendants; and if the plaintiff shall become non-suit, or discontinue his action, after the defendant shall have appeared, or have a verdict against him, or if upon demurrer Judgment shall be given against the plaintiff, the defendant shall and may recover treble costs, and have the like remedy for recovery thereof as any defendant or defendants hath or have in any cases by law.

LXI. And be it further enacted by the authority aforesaid, That all penalties and forfeitures and fines, by this Act inflicted or authorised to be imposed, not exceeding Five Pounds, (the manner of levying and recovering of which is not herein otherwise directed,) shall upon proof and conviction of the offence respectively, before any two or more Justices of the Peace for the District, either by confession of the party offending, or by the oath of any credible witness, (which oath every Justice is in every such case authorised to administer,) be levied, together with the costs attending the information and conviction, by distress and sale of the goods and chattels of the party offending, by warrant under the hand and seal of such Justices, which warrant they are hereby empowered and required to grant, and the overplus (if any) after such penalties, forfeit

If

conviction;

security to appear;

ures and fines, and the charges of such distress and sale are deducted, shall be returned upon demand unto the owner of such goods and chattels; and in case such fines, penalties and forfeitures, shall not be forthwith penalties not paid on paid upon conviction, then it shall be lawful for such Justices to order Offender may be kept the offender so convicted, to be detained and kept in safe custody, until in custody till he gives return can be conveniently made, unless the offender shall give sufficient security to the satisfaction of such Justices for his appearance before such Justices, on such day as shall be appointed for the return of such warrant of distress, such day not being more than seven days from the time of taking such security, and which security such Justices are thereby empowered to take, by way of recognizance or otherwise; but if upon the return if no sufficient distress, of such warrant, it shall appear that no sufficient distress can be had offender to be imprisoned. thereupon, then it shall be lawful for such Justices of the Peace as aforesaid, and they are hereby authorised and required, by warrant under their hands and seals, to cause such offender to be committed to the common Gaol of the District, there to remain without bail or mainprize, for any time not exceeding one calendar month, unless such penalties, fines and forfeitures, and all reasonable charge attending the same, shall be sooner paid or satisfied.

summarily after the

months.

LXII. And be it further enacted by the authority aforesaid, That no per- No person to be convicted son shall or may be convicted of any offence contrary to the provisions of expiration of six mo this Act, in a summary way, after the expiration of six months from the time when any such offence shall or may have been committed.

Moneys arising from
Commissioners;

LXIII. And be it further enacted by the authority aforesaid, That all moneys arising from such penalties, forfeitures and fines, as are inflicted fines, &c. to be paid to or authorised to be imposed by this Act, shall be from time to time paid to the Commissioners, to be by them applied in repairing and maintaining the Turnpike Roads, and disposed of for the purposes of this Act.

How applied.

T

GENERAL STATEMENT

GENERAL STATEMENT of the Income and Expenditure of

Trusts, between the first day of November and the thirty-first day of

AN ESTIMATE of the expense of maintaining the Turnpike Road on

State the length of the road, and the number of miles finished; the rate of toll per mile; description and quality of materials used; with the price and damages, &c. paid for by the ton or yard.-State the price.

CHAP. LIV.

AN ACT to provide for the relief of William Kingsmill and William
Chisholm, Esquires.

[Passed 10th February, 1840.]

WHEREAS William Chisholm, Esquire, Collector of Customs for the Port of Oakville, in the District of Gore, was absent on Militia duty during Preamble. the Fall of eighteen hundred and thirty-seven, and Spring of eighteen hundred and thirty-eight, and the Deputy of the said William Chisholm was also absent on the same duty, both of them having promptly stepped forward to crush the unnatural Rebellion of December eighteen hundred and thirty-seven, in consequence of which absence the returns of the Duties received during these periods were omitted to be made within the time specified by the seventh section of the fourth George the Fourth, Chapter the eleventh; And whereas William Kingsmill, Esquire, Collector of the Port of Port Hope, has been and still is absent on Militia duty, in defence of the Province, and his office being performed by Deputy,

Governor iu Council

Chisholm and William Kingsmill, Esquires, certain sums to which but for the omission of making returns they wouuid have been entitled.

who neglected to make the returns required by the said Act within the time prescribed, in consequence of which the percentage allowed by law on the collection of said Duties has been disallowed by the Inspector General according to law, and it is desirable, under these peculiar circumstances, to afford relief in the premises: Be it therefore enacted by the Queen'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 may allow to William authority of the same, That it shall be lawful for the Governor in Council to allow to the said William Chisholm and William Kingsmill, Esquires, respectively, any amount to which they would have been entitled by law had no neglect as aforesaid taken place, any thing in the said seventh section of an Act passed in the fourth year of the reign of His Majesty George the Fourth, chapter eleven, entitled, "An Act to repeal an Act passed in the forty-first year of His late Majesty's reign, entitled, 'An Act for granting to His Majesty, His Heirs and Successors, to and for the uses of this Province, the like duties on goods and merchandize brought into this Province from the United States of America, as are now paid on goods and merchandize imported from Great Britain and other places," and also an Act passed in the forty-third year of His late Majesty's reign, entitled, "An Act to explain and amend an Act passed in the forty-first year of His Majesty's reign, entitled, 'An Act for granting to His Majesty, His Heirs and Successors, to and for the uses of this Province, the like duties on goods and merchandize brought into this Province from the United States of America, as are now paid on goods and merchandize imported from Great Britain and other places, and to provide more effectually for the collection and payment of duties on goods and merchandize coming from the United States of America into this Province, and also to establish a fund for the erection and repairing of Light Houses, and to make more effectual provisions for the due collection of duties on goods imported into this Province," to the contrary in any wise notwithstanding.

CHAP.