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under it declared as valid

edings valid said recited Act, or any of the provisions thereof, shall be as valid and as if it had not expired. effectual to all intents and purposes whatsoever as if the same had not

expired.

CHAP. VIII.

AN ACT to make perpetual certain parts of an Act passed in the fifth year

of the reign of His late Majesty King William the Fourth, entitled, An Act to prevent the unnecessary multiplication of Law Suits, and increase of Costs in Actions on Notes, Bonds, Bills of Exchange and other Instruments," and for other purposes therein-mentioned.

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Premumble.

W HEREAS an Act passed in the fifth year of the reign of His late Majesty King William the Fourthi, entitled, “ An Act to prevent the unnecessary multiplication of Law Suits, and increase of Costs in Actions on Notes, Bonds, Bills of Exchange and other Instruments," is about to expire, and it is expedient to continue the said Act and make it permanent: Be it therefore enacted by the Queen's most Excellent Majesty, bv 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 4thm, 6th, 7th, 10th, and said Province," and by the authority of the same, That the fourth, sixth,

seventh, tenth and fourteenth clauses of the said Act be and the same are hereby repealed.

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Plaintiffs in actions
against several parties to
a bill or note, may declare
in a given form.

II. And be it further enacted by the authority aforesaid, That the Plaintiff are in any joint Action against the Drawers, Makers, Endorsers and Acceptors,

or any of them, of any Bill of Exchange or Promissory Note, may declare in the form contained in the Schedule hereto annexed upon such Bill or Note, varing the same according to the circumstances of the case.

Defendants may set off several demands, when of

III. And be it further enacted by the authority aforesaid, That in any se partie dlar addcription;' such Action the person sued shall be entitled to set off against the said

Plaintiff any payment, claim or demand, whether joint or several, which

CON

in its nature and circumstances arises out of or is connected with the Bill or Promissory Note, which is the subject of such joint Action, or the consideration thereof, in the same rnanner and to the same extent as though such Defendant had been sued in the form heretofore used ; and if the Jury shall allow any demand as a set off, and still find a balance in favour of the Plaintiff, they shall state in the verdict the amount which they allow to each Defendant as a set off against the Plaintiff's demand.

Proceedings already

IV. And be it further enacted by the authority oforesaid, That any proceedings now pending under the said recited Act, shall be conducted to instituted io be continued a final end, in the same manner as if this Act had not been passed.

as before.

SCHEDULES.

1.-On a Promissory Note. For that whereas the said

(the maker of the Note,) on the day of —- , at - - , made his Promissory Note in writing, and thereby promised — (setting forth the Note in the usual manner,) and the said, — (the first, second or other Endorsers,) afterwards duly endorsed the same, and the said — (the last Endorser) delivered the said Note so endorsed to the said Plaintiff. (aver presentment, notice, So whors hve lase. car in the particular case.) By reason whereoi ensuidh dui necessity to ihe said — all the Defendants) became jointly and severally liable to pay to the said Plaintiff the said sum of Money in the said Note specified, and being so liable, afterwards jointly and severally promised the said Plaintiff to pay him the same. (Add the usual breach.).

2. On a Bill of Exchange.

For that whereas the said

(the drawer,) on the day of , at , drew his certain Bill of Exchange, directed to — (setting forth the Bill according to its tenor and effect,) and the said — , (the drawee) afterwards duly accepted the same, and the said (the first and other endorsers) afterwards duly endorsed the said Bill of Exchange, and the said

(the last endorser) delivered the said Bill so endorsed to the said Plaintiff, (averment, presentment, protest, notice, &c., where by law necessary in the particular case.) By reason whereof the said -- (all the Defendants) became jointly and severally liable to pay to the said Plaintiff the said sum of Money in the said Bill specified, and being so liable, afterwards jointly and severally promised che said Plaintiff to pay him the same. (Add the usual breach.)

CHAP. IX.

AN ACT to regulate the time for making Returns and Payments by

Collectors, and other persons receiving the Public Revenues of this
Province, and for other purposes therein-mentioned.

[Passed 1014 February, 1840.]

Preamble.

W HEREAS it is expedient to make certain alterations in the present system of making Returns to the Inspector-General of Rublic Accounts, and also in the issuing of certain Licenses: 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 1. authority of the same, That so much of a certain Act passed in the fourth

Session of the eighth Provincial Parliament, in the fourilt year of the reign of His fate Majesty King George the Fourth, as prescribes the time of making iieturns to the Inspector-General of this Province, and of paving over moneys to the Receiver-General of the same, be and the same is hereby repealed.

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Collectors of Customs to make quarterly returns to Inspector General;

Periods ;

1. II. And be it further enacted by the authority aforesaid, That from and " after the passing of this Act, all Collectors of Customs in this Province

shall make a Report to the Inspector-General of this Province, four times in every year, of all Entries made at their Port or Ports of Entry, which Reports shall also severally comprise a faithful statement of all Duties paid or secured, and the proceeds of all seizures and penalties received, or which shall have accrued within the periods following, that is to say : between the sixth day of January and the fifth day of April; the sixth day of April and the fifth day of July; the sixth day of July and the fifth dav of October; and the sixth day of October and the fifth day of January; and that the first and last days of such periods shall be inclusive; and that the said Returns shall be transmitted to the Office of Inspector

General within twenty days next after the expiration of every Quarter as Soizures to be reported; aforesaid; and shall also Report to the Inspector-General all seizures by

the said Collectors, or any of their Deputies, made within twenty days

First and last days inclusive;

within twenty days after each quarterly period to

after making the same; and the full amount of the Duties, and proceeds Duties, &c. to be paid of all seizures, as shall in such Returns be stated to have come into the withi hands of such Collector or Collectors, shall within the said term of twenty Receiver General. days be paid by him or them into the hands of Her Majesty's ReceiverGeneral for this Province.

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III. And be it further enacted by the authority aforesaid, That the cur Accounts and Returns for the current Quarter, shall be made up and made up t closed to the fifth day of April now next ensuing, and transmitted, and the moneys therein stated to have been received, paid over within the twenty days directed in the preceding clause of this Act.

make quarterly returns to

IV. And be it further enacted by the authority aforesaid, That frorn and District Inspectors to after the passing of this Act, it shall and may be lawful for each and every Inspector General; District Inspector of this Province, and each and every of them is hereby required to transmit quarterly to the Inspector-General of this Province, a just, true and faithful Account, to be verified on oath, of all moneys which he or they shall receive under and by virtue of this or any other Act of Parliament of this Province, within the periods following, that is to say: Patio between the sixth day of January and the fifth day of April; the sixth day of April and the fifth day of July; the sixth day of July and the fifth day of October; and the sixth day of October and the fifth day of January, in each and every year, and that the first and last days of such periods First and last days shall be inclusive; and that the said Returns shall be transmitted to the Returns to be transmitted Office of the Inspector-General within twenty days next after the expi- Withi ration of each quarterly period as aforesaid, and shall also pay or cause to be paid into the hands of Her Majesty's Receiver-General for this and payment to be made Province, within the said period of twenty days from the expiration of within twenty days after each of said periods, all moneys in such Account mentioned to have been received as aforesaid, any thing contained in any Act of Parliament of this Province in any wise to the contrary notwithstanding; and further, Current returns to be

1, made up to the 5th April that the Accounts for the current Quarter shall be made up to the fifth next. day of April next, and the moneys therein-mentioned be paid over in the said period of twenty days therefrom.

inclusive;

within twenty days;

to Receiver-General within twenty days after each Quarterly period.

V. And be it further enacted by the authority aforesaid, That so much Part of 56 Geo. 3, ch. 31; of a certain Act passed in the fifty-sixth year of the reign of His late Majesty King George the Third, entitled, “ An Act for granting to His Majesty Duties on Licenses to Hawkers, ledlers and Petty Chapmen, and other trading persons therein-mentioned,' and also so much of a

And of 58 Geo. 3, c1.5. certain other Act passed in the fifty-eighth year of His said late Majesty Repealed.

King George the Third, entitled, “An Act to continue, repeal part of and amend an Act passed in the fifty-sixth year of His Majesty's reign, entitled, “An Act for granting to His Majesty Duties on Licenses to Hawkers, Pedlers and Petty Chapmen, and other trading persons therein-mentioned, and to extend the provisions of the same," as devolve the duty of issuing Licenses to the persons therein-named as the Collectors, be and the same are hereby repealed.

After 5th April ncat, Licenses to Pedlers, &c to be issued by District Inspectors.

VI. And be it further enacted by the authority aforesaid, That from and after the expiration of the current Quarter, ending on the fifth day of April next, the said Licenses directed by the said two last recited Acts shall, and the same are hereby directed and required to be issued to the persons in the said Acts named and described by the District Inspectors in this Province, and the Duties and Fees on said Licenses to be received by the said Inspectors, according to the provisions of the said last-mentioned Acts, any thing to the contrary notwithstanding.

allowed costs when they fail in prosecuting :

If Justices certify probable cause.

VII. And be it further enacted by the authority aforesaid, That from and District luspectors to be after the passing of this Act, it shall and may be lawful for the District

Inspectors, out of the moneys by the collected, to retain the amount of costs by them respectively disbursed, in cases where a conviction may not be obtained : Provided the Justice or Justices, or a majority of them, before whom the matter may be heard, shall certify that there was probable and reasonable cause for instituting such prosecution; and the several Inspectors are hereby required to insert the particulars of such claim for costs disbursed in their Quarterly Returns, to be verified on oath as soon as by law directed.

Ail Licenses for keeping
Billiard Tables to be

January i

er the passib nich they may

nary following

Returns to be made and movies to be paid over to

All Licenses for keeping VIII. And be it further enacted by the authority aforesaid, That all Jated on the 6th of Licenses to the Keepers or Proprietors of Billiard Tables to be granted

after the passing of this Act, shall be dated on the sixth day of January in the year in which they may respectively be issued, and shall continue

in force until the fifth day of January following; and that all moneys sto be paid over to received by the Inspector for or on account of such Licenses, shall be

returned in the Quarterly Accounts directed by this Act, and be paid over with the moneys received for other Licenses to the Receiver-General, within the twenty days after the expiration of each period as directed by this Act, any thing in any Act of this Province contained to the contrary in any wise notwithstanding:

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cases already provided for.

Every Keeper of an Inn, IX. And whereas it is necessary to afford greater facilities for the con

viction and punishment of persons having or keeping a Billiard Table,

Billiard

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