Any subject levying war in this Province with foreigners; with foreigners with intent to levy war; Or commit such felony as aforesaid; III. And be it further enacted by the authority aforesaid, That if any Subject of Her Majesty, Her Heirs or Successors, shall within this Province levy War against Her Majesty, Her Heirs or Successors, in company with any of the Subjects or Citizens of any Foreign State or Country then at peace with the United Kingdom of Great Britain and Or entering the Province Ireland, or shall enter this Province in company with any such Subjects or Citizens of a Foreign State or Country at peace with the said United Kingdom, with intent to levy War on Her Majesty, or to commit any such act of Felony as aforesaid within this Province, or shall join himself to any person or persons whatsoever, whether Subjects or Aliens, who may have entered this Province with design or intent to levy War on Her Majesty, Her Heirs or Successors, or to commit any such Felony as aforesaid within the same, with the design or intent-to aid and assist such last-mentioned person or persons to levy War, or to commit any such Act of Felony as aforesaid, then such Subject of Her Majesty, Her Heirs or Successors, shall be liable to be tried and punished by a Militia Court Martial, in like manner as any Citizen or Subject of a Foreign State or Country at peace with Her Majesty, Her Heirs or Successors, is liable under this Act to be tried and punished. Or joining persons who have entered the Province Or to commit such felony With intent to aid such persons; May be tried and punished in like manner. Any such foreigners may be tried before a Court of Oyer and Terminer. Preamble. IV. And be it further enacted by the authority aforesaid, That the Citizen or Subject of any Foreign State or Country offending against the provisions of this Act, shall be deemed guilty of Felony, and may, notwithstanding the provisions herein-before contained, be prosecuted and tried before any Court of Oyer and Terminer and General Gaol Delivery in and for any District of this Province, in the same manner as if the offence had been committed in such District, and upon conviction shall suffer death as in cases of Felony. CHAP. XIII. AN ACT to amend and make permanent an Act passed in the fifth year of [Passed 10th February, 1840.] WHEREAS an Act passed in the fifth year of the reign of His late Majesty King William the Fourth, entitled, "An Act to prevent the Sale of Spirituous Liquors to Indians," will shortly expire, and it is expedient to continue and amend the same: 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 from and after the passing of this Act, it shall not be lawful for any liquors to be sold, person to sell, barter, exchange or give to any Indian 'man, woman or given to any ladina. child within this Province, any kind of Spirituous Liquors in any manner or way, or to cause or procure the same to be done for any purpose whatever, under the pains and penalties to be inflicted by the authority of this Act. No kind of spirituous bartered, exchanged or Justice of Peace to fine £20 for every offence; II. And be it further enacted by the authority aforesaid, That it shall and may be lawful for any Justice of the Peace of any District wherein any offender not exceeding offence against the provisions of this Act shall have been committed, upon the testimony of one or more credible Witness or Witnesses, to Fine the offender for each and every offence so complained of, in a sum not exceeding Twenty Pounds, a moiety whereof shall be paid to the Informer, and How fines to be collected. the other moiety shall be collected and applied in the same manner as Fines and Penalties are now collected and applied under the Act for the summary punishment of Petty Trespasses, to be applied for the improvement of the Roads through the Section of the Country where the offence furnishing spirits by was committed: Provided always that the penalty in this Act mentioned Penalty not incurred by shall not be incurred by the furnishing to any Indian any Spirituous Liquor medical direction. by a Medical man, in case of sickness, or under the direction of any Medical man. CHAP. XIV. AN ACT to prevent the Introduction of Spirituous Liquors into the [Passed 10th February, 1840.] WHEREAS it is necessary to prevent the practice of secretly introducing Spirituous Liquors into the Common Gaols of this Province: Be D Preamble. it therefore enacted by the Queen's most Excellent Majesty, by and wtih 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 if any person or persons shall, If any person shall supply after the passing of this Act, give, convey, or supply to any Prisoner confined in any Common Gaol or House of Correction in any District in this Province, any Rum, Brandy, Whiskey, or other Spirituous Liquors, contrary to such Rules and Regulations as have been or shall be hereafter from time to time established by law, every such offender being duly two Justices, he may be convicted thereof before two Justices of the Peace, shall be liable to pay a Fine not exceeding Five Pounds. spirits to a prisoner in gaol; And be convicted before Any one Justice may summon the party accused; II. And be it further enacted by the authority aforesaid, That when any person shall be charged on the oath of one or more credible Witness or Witnesses, before any one Justice of the Peace, with any offence against this Act, such Justice may Summon the person charged to appear at a And is default of appear time and place to be named in such Summons; and if he shall not appear ance; Two Justices may hear sqd determine the case Ox-parte; Or issne a warrant to ap- One Justice may issue No conviction or for want of form. accordingly, then (upon proof of the due service of the Summons upon such person, by delivering the same to him personally) any two Justices of the Peace for the District where the offence is alleged to have been committed, may either proceed to hear and determine the case ex-parte, or issue their Warrant for apprehending such person, or any one of the said Justices may, if he shall so think fit, without any previous Summons, issue such Warrant. III. And be it further enacted by the authority aforesaid, That no concommittal to be quashed viction under this Act shall be quashed for want of form, and no Warrant of committal shall be held void by reason of any defect therein: Provided it be alleged that the party has been convicted, and there is a good and valid conviction to sustain the same. Power to summon witnesses; F.ne for non-attendance. IV. And be it further enacted by the authority aforesaid, That such Justices shall have full power and authority to Summon Witnesses, either in support of the prosecution or for the Defendant; and if any person having been personally Summoned to attend as a Witness, shall neglect or refuse to attend, or shall fail to show some reasonable excuse for his non-attendance, he may be Fined for such non-attendance by the Justices. assembled to try the offence, in any sum not exceeding Five Pounds. fines and costs; levy same; V. And be it further enacted by the authority aforesaid, That in default In default of payment of of payment of any Fine imposed under the authority of this Act; together with the Costs attending the same, within the period specified for the payment thereof, at the time of the conviction by the Justices before whom such conviction shall have taken place, it shall and may be lawful for such Warrant may issue to Justices to issue their Warrant, directed to any Constable, to levy the amount of such Fine and Costs within a certain time, to be in the said Warrant expressed; and in case no distress sufficient to satisfy the amount And if no distress; shall be found, it shall and may be lawful for them to commit the offender offender may be to the Common Gaol or House of Correction of the District wherein the Not longer than one offence was committed, for any time not exceeding one calendar month, unless the Fine and Costs be sooner paid. CHAP. XV. .AN ACT to continue an Act passed in the sixth year of His late Majesty's reign, entitled, "An Act to repeal and amend certain Acts of this Province, in relation to the Gold and Silver Coin made current by Law, and to make further provision respecting the rates at which certain Gold and Silver Coins shall pass current in this Province." [Passed 10th February, 1840.] committed; month. Preamble. WHEREAS it is expedient to continue the Law now in force for the regulation of certain Coins current in this Province: 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 an Act passed in the sixth year of the William 4, chap. 27, reign of His late Majesty William the Fourth, entitled, "An Act to repeal and amend certain Acts of this Province, in relation to the Gold and Silver Coin made current by Law, and to make further provision respecting the rates at which certain Gold and Silver Coins shall pass current in this Province," be and the same is hereby continued for two years, and from thence to the end of the then next ensuing Session of Parliament, and no longer. continued. Preamble. Governor may authorize tion of Military Works; Surrey of land for erec CHAP. XVI. AN ACT to authorise Her Majesty to take Possession of Lands for the erection of Fortifications in this Province, under certain restrictions. [Passed 10th February, 1840.] WHEREAS it is desirable that Her Majesty should have authority to procure ground which may be wanting for erecting Forts and Batteries, and preserving the necessary approaches thereto free from obstruction, as far as inay from time to time become necessary for the public service and the defence of this Province: 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 Governor of this Province to authorise any General Officer or Officers, or other person or persons duly authorised by the Commander-in-Chief, for the time being, of Her Majesty's Forces in this Province, to Survey and mark out any piece of ground which may be required for the erection of any Fort, Barrack, Batterry or other Military Work, and for preserving such Work free from obstruction; and to treat and agree with the owner or owners thereof, or any person or perFor purchase or posses- Sons having any interest therein, for the purchase, possession or use thereof, either in fee or for such time as the exigency of the service shall require; and in case the owner or owners of such ground, or any person or persons having an interest therein, shall refuse or decline to sell or enter into such contract touching the same, as shall be satisfactory to such Officer or Officers, or other person or persons commissioned as atoresaid, or shall be unable to do so by reason of infancy, coverture or other disability, it shall be lawful for the Governor to require two or more Justices of the Peace, for the District, City, Town or place, where such piece of ground shall be, to put Her Majesty's Military Officers into immediate possession of such piece of ground, which such Justices shall accordingly do, and the Sheriff to put Military shall for that purpose issue their Warrant, under their hands and seals, directed to the Sheriff of the District within which such land is; and And to agree with owners, sion thereof; If owner refuse or be under disability; siovor may require two Justices; To use their warrant to Officer into possession; |