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no borinn

hinab Not having taken outs

I License;

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 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 persor to Dinarice Inspector, orang give information of the same before any Justice of the Peace; and it shall och 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.

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May be prosecuted by the District Inspector, or any other person.

X. And be it further enacted by the authority aforesaid, That in any case 11 penalty cannot be when after conviction, the penalty cannot be recovered, in consequence levied ; 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 offende for the apprehension and committal to the Common Gaol of the District imprison 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 101h February, 1840.]

Preamble,

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

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, liable to the Peace throughout this Province, to order the Path-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 rousitg to be dealt with as persous assessed;

If fine not paid, ofreader may be imprisoned

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 perforni 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 otlender 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.

Statute labor heretofore

be deemed in accordance with law.

III. And be it further enacted by the authority aforesaid, That in all done by such poraons, 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 usage.

CHARP. 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 1011 February, 1840.)

Preamble.

W HEREAS 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.

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Judgment of Commis

be filed with County

Within one month after the time for appealing expires;

If 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 signora (fino appear 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 w 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 or the said beat Commissioners as aforesaid, the Judgment and decree, and all orders of the Courts of Queen's Bench and of Chancery, establishing any Line or Lines of Boundary upon any such appeal, shall also, together with said th 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 fec.. 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 within six months after the determination ;

on settling a disputed Boundary in any Township;

III. And be it further enacted by the authority aforesaid, That whenever Duly or Commissioner, the Commissioners appointed under and by virtue of the said recited Act, shall be called upon to settle and determine any disputed Boundary T 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 érected 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

How surveys to be made ;

the Third, entitled, “An Act to ascertain and establish on a permanent 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 ents 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.

Costs of such Monuments to be defrayed by the District ;

Deputy Surveyor, who is
a Commissioner, not to be a.
employed in certain
cases.

cho is IV. Anıl be it further enacteil by the authority aforesaid, That no Deputy be Surveyor, being a Boundary Commissioner, shall be employed to make

any survey under the authority of the Board of which he is a member.

If owner of land abrcnt

sorvice may be made on bis known Agent.

.V. And be it further enacted by the authority aforesaid, That when the torvice may be made on 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 l'rovince, 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 force and 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-vinth 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 adıneasurement 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 here

after to be surveyed,” are binding upon Boundary Commissioners: Be it Provisions of 28 sec. 59 therefore further enacted by the authority aforesaid, That all the provisions

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 or Concession,

Geo. 3, ch. 14, declared binding on Commission

CHAP.

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CHAP. XII.

AN ACT to alter and amend an Act passed in the first yeur of Her

Majesty's reign, entitled, An Act to protect the Inhabitants of this Province, against lawless aggressions from Subjects of Foreign Countries at peace with Her Majesty.

[ Passed 10th February, 1840.]

Preamble

W HEREAS 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 pro-
tect the Inhabitants of this Province against lawless agressions from Sub-
jests 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 provi-
sion 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 Act be and the same is repealed.
hereby repealed.

Ist Victoria chap. 3,

II. And be it further enacted by the authority aforesaid, That if any Citizens or subjeets of a person, being a Citizen or Subject of any Foreign State or Country, at armes in errovince 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 intem tolevyvaror; War against Her said Majesty, Her Heirs or Successors, or to commit 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 Gen 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.

Or coming therein witla

l'o commit certain

May be tried by a Militia General Court Martial;

And, if convicted, to be

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