wounds, and the circumstances under which they were received; and if such wounds shall be found and declared by such Board to have disabled he may receive a pension. the person applying for a Pension to maintain himself by labour, it shall If Board declare party disabled by wounds, Persons now on the Pension List, may be required to present themselves before said Board; If Board report person recovered, his pension shall cease. Widows receiving to produce proof to said Board of their right; and may be lawful for the Governor of this Province to direct the name of such person to be placed on the Pension List; and such person shall thenceforth receive from the Public Revenues of the Province a Pension of Twenty Pounds annually, in the same manner as Pensions are now paid to disabled Militia-men. II. And be it further enacted by the authority aforesaid, That it shall and may be lawful for the Governor of the Province, in his discretion, to require persons who now are or who may hereafter be placed on the Pension List of this Province as disabled Militia-men, to present themselves once in each year before the Board herein-before authorised to be appointed, for examination; and if such Board shall Report that such person has recovered from his disability to earn his livelihood by labour, and is then able to maintain himself by labour, it shall and may be lawful for the Governor to direct that the name of such person shall be erased from the Pension List, and such person shall thenceforth cease to receive any Pension for or on account of any wound by him received when in actual service as a Militia-man. III. And be it further enacted by the authority aforesaid, That it shali pensions, may be required and may be lawful for the Governor of this Province to require any person receiving a Pension, as the Widow of a deceased Militia-man, to adduce proof to the satisfaction of the Board herein-before mentioned, that she is the Widow of such deceased Militia-man, which proof shall not be limited to the oath of such Pensioner; and if the said Board shall be of If proof unsatisfactory, opinion that such person is not the Widow of such deceased Militia-man, then her name shall be erased from the Pension List, and she shall thenceforth cease to receive any Pension as the Widow of a deceased Militia pension to cease. man. IV. And be it further enacted by the authority aforesaid, That it shall and may be lawful for the Governor of this Province to require from any person hereafter claiming a Pension as the Widow of a deceased Militiaman, to give such evidence of her being such Widow as he shall from time to time require, besides the oath of such applicant for a Pension. V. And be it further enacted by the authority aforesaid, That in all cases where a Pension has been heretofore granted, or shall hereafter be applied for or be granted to any Widow or Children of a deceased and report on the cause of widow and children may, from Pension List. Militia-man, such Militia-man having died after his discharge from actual service, it shall and may be lawful for the Board herein-before mentioned Board may investigate, to inquire into and investigate the circumstances under which such Militia- such death, and names of man died, and whether his death was caused by disease contracted or in certain cases, be erased wounds received while in actual service; and if such Board shall Report to the Governor of this Province that such Militia-man did not die from disease contracted or wounds received while in actual service, then the names of such Widow or Children shall be erased from the Pension List, and she or they shall no longer receive a Pension from the Public Revenues of this Province as the Widow or Children of such deceased Militia-man. CHAP. XXVIII. AN ACT to make permanent an Act passed in the fifth year of the reign of His late Majesty King William the Fourth, entitled, "An Act to amend and continue the Act granting Militia Pensions." [Passed 10th February, 1840.] Preamble. WHEREAS an Act passed in the fifth year of the reign of His late Majesty King William the Fourth, entitled, "An Act to amend and continue the Act granting Militia Pensions," is about to expire, and it is expedient to continue the said Act and to make it permanent: 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," 5th Wm. IV. chap. 36, and by the authority of the same, That the said recited Act be and the same is hereby continued and made permanent. made perpetual. CHAP. Preamble. Court of Queen's Bench may admit John Ford Maddock an Attorney. CHAP. XXIX. AN ACT to authorise the Court of Queen's Bench to admit John Ford [Passed 10th February, 1840.] WHEREAS an Act was passed in the second year of the reign of His late Majesty King George the Fourth, entitled, "An Act to repeal part of and amend an Act passed in the thirty-seventh year of His late Majesty's reign, entitled, 'An Act for the better regulating the practice of the Law, and to extend the provisions of the same": And whereas it is amongst other things enacted, that from and after the passing of the said Act, no person shall be admitted by the Court of King's Bench to practise as an Attorney of this Province, unless upon an actual service under Articles for five years with some practising Attorney in this Province : And whereas it appears by the Petition of John Ford Maddock, a native of England, now resident in this Province, and by Certificates and Documents produced in support thereof, that he is a duly admitted Attorney of Her Majesty's Court of Queen's Bench and Common Pleas in England, and also a Solicitor in the High Court of Chancery in England and in the Island of Jamaica, and in this Province: And whereas it also appears that the said John Ford Maddock came into this Province in the hope of being allowed to practise his Profession as an Attorney at Law: And whereas the said John Ford Maddock is desirous of practising in the Courts of Law in this Province, and it is expedient to relieve him from the disability imposed by the said Act: 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 any thing in the said recited Act to the contrary thereof in any wise notwithstanding, the Court of Queen's Bench may, at its discretion, admit the said John Ford Maddock to practise as an Attorney in this Province. CHAP. XXX. AN ACT to provide for the Management of the Estate of William [Passed 10th February, 1840.] Preamble. WHEREAS it appears by the Petition of Helen Handley, wife of William Handley, of the Township of Hamilton, in the District of Newcastle, Esquire, and by the testimony of a respectable Medical Gentleman, who has attended the said William Handley for some months past, that the said William Handley is a Lunatic: And whereas the said Helen Handley is desirous to use every means to restore, if possible, her husband's health, and for that purpose considers it necessary to remove him to some Institution for the management of Insane persons: And whereas no such Institution is established in this Province, in consequence whereof it is necessary he should be taken out of the same: And whereas the said William Handley is possessed of considerable real and personal Estate in this Province, part of which it may be requisite to dispose of to provide for his removal and maintenance: And whereas no power exists in this Province to authorise the removal of a Lunatic out of its limits, and the disposal of his Estate: And whereas it seems desirable to make provision in this respect: 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 Court of Chancery in this Province, to issue a Commis- a Commission of Lunacy, sion of Lunacy, directed to such persons as the Vice Chancellor shall Handley is a Lunatic; appoint, to inquire whether the said William Handley is a Lunatic; and If so found, Trustees may upon such inquiry he shall be found to be a Lunatic, it shall and may take possession of his if be lawful for the Trustees herein-after named, to take possession of all the Estate, real and personal, of the said William Handley, and to manage the same. H Vice Chancellor may issue to inquire if William estate. Trustees appointed to sell and manage the estate; Estate not to be sold II. And be it further enacted by the authority aforesaid, That Thomas Edward Tildesly, Robert Henry, and George Strange Boulton, shall be Trustees of the Estate of the said William Handley; and they or any two of them shall have full power and authority to manage, lease, sell or dispose of any part of such real Estate, and to receive and collect moneys due to the said William Handley, and to give receipts or other acquitwithout sauction of Vice tances for the same: Provided always nevertheless that no part of the real Estate shall be sold unless the said Trustees shall by Petition to the Vice Chancellor obtain the sanction of the Court of Chancery in this Province to do so: Provided also that the said Trustees shall from time to time, whenever required to do so by the Vice Chancellor, render an Account into the Court of Chancery of this Province of all moneys received as well as of those expended. Chancellor; Trustees to account. Trustees to invest proceeds, and not to III. And be it further enacted by the authority aforesaid, That the said Trustees shall be required to invest the money to arise from the sale of expend more than annual any part of the said Estate, and not to expend any greater sum in the maintenance and support of the said William Handley and his family, and the necessary expenses attending the same than the annual income of such Estate. income. IV. And be it further enacted by the authority aforesaid, That the said Trustees may permit and suffer the said William Handley to be taken out of this Province, and to place him in any Institution for the reception of Lunatics, as they may deem necessary: Provided always that should the said William Handley recover his health, and become capable of again managing his own affairs, it shall and may be lawful for the Vice Chancellor to make an order that the power and authority of the said Trustees shall cease, and upon such order being served on the said Trustees, or any two of them, they shall cease to act as such Trustees until otherwise ordered by the Vice Chancellor. V. And be it further enacted by the authority aforesaid, That in case any of the said Trustees shall die or refuse to act, it shall and may be lawful for the Vice Chancellor to appoint another in his or her stead, who shall possess the like power and authority of any former Trustee so dying or refusing to act. CHAP. |