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without having taken out a License for that purpose: Be it therefore further enacted by the authority aforesaid, That every keeper of an Inn, Ale House, Ordinary or Recess, and all and every other person or persons who shall keep a House of Entertainment, Resort or Boarding, who shall have or keep a Billiard Table in such house, out-house or room, or building connected with or attached thereto, and for the keeping or having of which having taken out a Billiard Table a License shall not have been obtained according to the provisions of an Act passed in the reign of His Majesty King George the Third, entitled, "An Act for granting to His Majesty a Duty upon Billiard Tables," it shall and may be lawful for the Inspector of the District in which such Billiard Table may be had or kept, or any other person to District Inspector, or any give information of the same before any Justice of the Peace; and it shall and may be lawful for any two or more Justices of the Peace of such District to hear and determine the same, and to award execution thereon according to the provisions of the before-recited Act, any law, usage or custom to the contrary notwithstanding.

May be prosecuted by the

other person.

levied;

X. And be it further enacted by the authority aforesaid, That in any case If penalty cannot be when after conviction, the penalty cannot be recovered, in consequence of the party convicted not having sufficient property to make the amount required, it shall and may be lawful for either of the Justices before whom

the information and complaint shall have been made, to issue his Warrant Offender may be for the apprehension and committal to the Common Gaol of the District imprisoned one month. of such delinquent, for a period not to exceed one month, unless the Fine and Costs shall be sooner paid.

CHAP. X.

AN ACT to compel certain persons not Assessed, to perform Statute Labour.

[Passed 10th February, 1840.]

WHEREAS doubts have arisen in the minds of the Justices of the Peace, in the several Districts of this Province, with regard to the power invested in them to compel persons not assessed, who are over the age of twenty-one years, to perform Statute Labour, whereby several Townships have for the last two years lost the benefit thereof: And whereas it is necessary to remove all such doubts: 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

Preamble.

6

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 it shall and may be lawful for the Justices of 21 years of age, hable to the Peace throughout this Province, to order the l'ath-Masters of their several Divisions, to demand from every male inhabitant, within the limits. of his Division, of the age of twenty-one years and upwards, not assessed, the performance of two days Statute Labour, or commute for the same at the rate per day allowed by the Statutes of the Province..

Every male inhabitant

two days statute labor,

though not assessed.

Such persons refusing to

be dealt with as persous assessed;

If fine not paid, ofender may be imprisoned

Statute labor heretofore

be deemed in accordance with law.

II. And be it further enacted by the authority aforesaid, That such persons refusing so to do, after being notified as required by law, shall be dealt with in the same manner as those who are assessed and are liable to perform Statute Labour; and in case no distress sufficient to satisfy the amount shall be found, it shall and may be lawful for the Justices before whom complaint shall be made, to commit the offender to the Common Gaol of the District wherein the offence was committed, for any time not exceeding six days, unless the fine and costs shall be sooner paid.

III. And be it further enacted by the authority aforesaid, That in all done by such peraons, to cases where Statute Labour has been performed up to this period, by persons of the age of twenty-one years and upwards, and whose names do not appear on the Assessment Rolls, such Labour shall be deemed and taken to have been regularly performed as in accordance with law and

Preamble,

usage.

CHAP. XI.

AN ACT to alter and amend an Act passed during the third Session of the present Parliament, entitled, " An Act to authorise the Establishment of Boards of Boundary Line Commissioners, within the several Districts of this Province."

[Passed 10th February, 1840]

WHEREAS it is found expedient and necessary to repeal part of and amend an Act passed during the third Session of the present Parliament, entitled, "An Act to authorise the Establishment of Boards of Boundary

Line Commissioners, within the several Districts of this Province": Ee 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," 17th sec. 1st Vic. ch. 19, and by the authority of the same, That the seventeenth clause of the said Act be and the same is hereby repealed.

repealed.

Judgment of Commis

sours (if no appeal) to

be filed with County

expires;

an appeal, the final

decision;

II. And be it further enacted by the authority aforesaid, That from and after the passing of this Act, every Judgment and final decision of the said Commissioners, in case there shall be no appeal against the same, Registrar; shall be filed with the Registrar of the County where such Boundary within one month after shall be situate, or of which it shall be a Boundary Line, together with the time for appealing the plan of the Boundaries herein-before directed, to be made within one calendar month from the expiration of the time of appealing against the same; and in case there shall be an appeal from the Judgment of the said Commissioners as aforesaid, the Judgment and decree, and all orders of the Courts of Queen's Bench and of Chancery, establishing any Line or within six months after Lines of Boundary upon any such appeal, shall also, together with said the determination; plan, be filed with the Registrar of the County where such Boundary shall be situate, or of which it shall be a Boundary Line, within six months after the determination and pronouncing of the same; and the said Regis- Registrar's fee. trar shall be entitled to a Fee of One Shilling and Three Pence, and no more, for entering the same of record.

To be filed with Registrar

on settling a disputed Township;

III. And be it further enacted by the authority aforesaid, That whenever Duty of Commissioners the Commissioners appointed under and by virtue of the said recited Boundary in any Act, shall be called upon to settle and determine any disputed Boundary in any Township within this Province, it shall be the duty of the said Commissioners, and they are hereby required, in the first place to ascertain and determine the true course of a straight line between the front and rear angles of the Concession in which such disputed Boundary is situate, on the Boundary of the Township from which the Lots are numbered, according to the original survey of the same, and to cause sufficient Placing stone monuments; stone monuments to be placed to mark such angles so ascertained and determined, unless stone monuments have been previously erected in such Townships in conformity with an Act of the Provincial Parliament, passed in the thirty-eighth year of the reign of His late Majesty King George

the Third, entitled, "An Act to ascertain and establish on a permanent How surveys to be made; footing, the Boundary Lines of the different Townships of this Province,

and the surveys to be made in ascertaining the said Lines, shall be made in the same manner, and subject to the same provisions as the surveys directed to be made in the said recited Act, so far as the same may not have been varied by the first Act herein-mentioned, or by the provisions Costs of such Monuments in this Act contained: Provided always that the costs, charges and expenses of erecting such stone monuments as aforesaid, shall be borne and paid out of the funds of the District wherein the same shall be situated.

to be defrayed by the District;

Deputy Surveyor, who is

a Commissioner, not to be employed in certain

cases.

If owner of land absent from the Province,

service may be made on his known Ageat.

IV. And be it further enacted by the authority aforesaid, That no Deputy Surveyor, being a Boundary Commissioner, shall be employed to make any survey under the authority of the Board of which he is a member.

V. And be it further enacted by the authority aforesaid, That when the owner of any lot or lots in Fee, or for any less Estate of Freehold, from whom redress may be sought, shall be absent from the Province, the Warrant or precept authorised to be issued by the fourth Section of the Act herein first mentioned, shall and may be issued and delivered to the known Agent of such owner as aforesaid, and shall have as full forceand effect as if the same had been issued to the said owner in person.

VI. And whereas doubts have arisen how far the provisions of an Act passed in the fifty-ninth year of the reign of King George the Third, entitled, "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," are binding upon Boundary Commissioners: Be it Provisions of 2d sec. 50 therefore further enacted by the authority aforesaid, That all the provisions binding on Commission-contained in the second Section of the said Act relating to Boundaries, are hereby declared to be and remain in full force and virtue, in all cases in which the said Commissioners may be called on to hear and determine matters in dispute, touching any Line or Boundary of any Lot, Township

59

Geo. 3, ch. 14, declared

ers.

or Concession,

CHAP.

CHAP. XII.

AN ACT to alter and amend an Act passed in the first year of Her
Majesty's reign, entitled, "An Act to protect the Inhabitants of this
Province, against lawless aggressions from Subjects of Foreign Coun-
tries at peace with Her Majesty."

[Passed 10th February, 1840.]

Preamble.

WHEREAS it is found necessary to amend the provisions of an Act passed in the first year of Her Majesty's reign, entitled, "An Act to protect the Inhabitants of this Province against lawless agressions from Subjests of Foreign Countries at peace with Her Majesty": 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 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, entiled, 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," 1st Victoria chap. 3, and by the authority of the same, That the said Act be and the same is repealed. hereby repealed.

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foreign power taken in

Or coming therein with intent to levy war or;

II. And be it further enacted by the authority aforesaid, That if any citizens or subjects of a person, being a Citizen or Subject of any Foreign State or Country, at arms in this Province; peace with the United Kingdom of Great Britain and Ireland, shall, after the passing of this Act, be or continue in arms against Her Majesty, Her Heirs or Successors, within this Province, or shall commit any act of hostility therein, or shall enter this Province with design or intent to levy War against Her said Majesty, Her Heirs or Successors, or to commit To commit certain any Felony within the same, for which any person convicted of such felonies; Felony would by the Laws of this Province be liable to suffer death, then it shall and may be lawful for the Governor of this Province to order the May be tried by a Militia, assembling of a Militia General Court Martial for the Trial of such person, agreeably to the Militia Laws of this Province; and upon being found guilty by such Court Martial of offending against this Act, such person sentenced to death. shall be sentenced by such Court Martial to suffer death, or such other punishment as shall be awarded by the Court.

General Court Martial;

And, if convicted, to be

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