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CHAP. III.

AN ACT to repeal an Act passed in the forty-fourth year of the reign

of His late Majesty King George the Third, entitled, An Act for
the exemplary punishment of all anet every person and persons who shall ·
seduce, or attempt to seduce, or aid or assist, or attempt to aid or assist
any Soldier to Desert His Majesty's Service, or who shall harbor, con-
ceal, receive or assist any Deserter from such Service," and to make
further provision for the punishment of such offenders.

[Passed 10th February, 1840 ]

Preamble.

EREAS the laws now in force in this Province for the punishment of persons concerned in enticing Soldiers to Desert Her Majesty's Service, or who may harbor Deserters from Her said Majesty's Service, are found insufficient to prevent or restrain such unlawful and pernicious practices: And whereas it is necessary to extend punishment to such persons as shall persuade, or atten.pt to persuade Sailors engaged in the Naval Service of Her Majesty to Desert, or who shall harbor Deserters from the said Naval Service: Be it therefore enacted by the Queen's most Excellent Majesiy, 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 nassed in the Parliament of Great Britain, entitled “ Ari

ce; Annivi to repeal certain parts of an Aci nassed 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 44th Geo. 3d, ch.2, in the forty-fourth year of the reign of His late most Gracious Majesty George the Third, entitled, “An Act for the exemplary punishment of all and every person and persons who shall seduce, or attempt to seduce, or aid or assist, or attempt to aid or assist any Soldier to Desert His Majesty's Service, or who shall harbor, conceal, receive or assist any Deserter from such Service," be and the same is hereby repealed.

repealed.

soldiers or sailors to de

II. And be it further enacted by the authority aforesaid, That from and any person procuring after the passing of this Act, if any person other than enlisted Soldiers in sert, to be liable to impriHer Majesty's Service, or Sailors engaged in the Naval Service of Her gaol or penitentiary, and Majesty, shall by words or with money, or by any ways, methods or means of the Court.

sonment in the common

to a fine, in tbe discretios

whatsoever, directly or indirectly, prevail upon, procure, persuade or encourage any such Soldier or Sailor to Desert or leave Her Majesty's Naval or Military Service as aforesaid, and shall be thereof lawfully convicted before any Court of Oyer and Terminer and General Gaol Delivery in this Province, such person so offending shall be deemed guilty of a misdemeanor, and upon conviction shall be liable to be punished by imprisonment in the Common Gaol of the District in which such conviction shall happen, or by imprisonment in the Provincial Penitentiary in this Province, for such period as the Court before which such trial shall take place shall in their discretion adjudge, and shall be further liable to the payment of such Fine as the said Court shall impose upon and require to be paid by such offender.

Any person harboring a

penalties.

III. And be it further enacted by the authority aforesaid, That if any dexorter liable to the same person other than an enlisted Soldier, or Sailor engaged in the Naval

Service of Her said Majesty, shall, after the passing of this Act harbor, conceal, receivė or assist any Deserter from Her Majesty's Naval or Military Service, knowing him to be a Deserter, such person so offending shall be deemed guilty of a misdemeanor, and upon conviction shall be liable to the same penalties and punishments as are mentioned and set forth in the preceding clause of this Act.

er, such pediction shall i forth in

CHAP. IV.

AN ACT 10 prevent the circulation of Printed Promissory Notes, under

the value of Five Shillings.

[Passed 10th February, 1840.]

Preamblo.

W HEREAS the issue of small Promissory Notes, in form of Bank Notes, and intended for general circulation, has been found productive of much evil and inconvenience: 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

printed, &c., for less than five shillings, to be issued by any person ;

the passing of this Act, it shall not be lawful for any person, or Body No note wholly or in part Corporate, to make or issue any Note or undertaking for the payment of by any person money for an amount less than Five Shillings of lawful money of Upper Canada, in the whole or in part printed, stamped or impressed from a Plate or Engraving; and that any person who shall make or issue any Forfeiture of treble the such Note or undertaking for the payment of money, shall be liable to pay to the holder thereof treble the amount of the Note or undertaking so issued, to be recovered by action in any Court of Requests in this Province.

amount of such note,

heretofore issued on de.

II. And be it further enacted by the authority aforesaid, That in case iletul me any such Note or undertaking now made, or issued before the passing of ment of any such note this Act, shall be presented for payment to the maker or makers thereof, mand ; and in case default shall be made in the payment of the same in the current Coin, or in the current Bank Notes of this Province, whether such Note or undertaking shall purport to be payable in Money or, in Bank Notes or otherwise, the person making such default shall be liable to pay to the holder of such Note or undertaking treble the amount for de confered from which the same is made, to be recovered by action in any Court of Requests in this Province. .

Treble the sum way be . recovered from the

defaulter.

This Act not to authorize issue of any botes by persons now by law prohibit

III. Provided always, and be it further enacted by the authority aforesai.l, That nothing contained in this Act shall be construed to give authority issue of any potes by porto any, person or persons, or Body Corporate, to issue any Note or under- ed from such ieue. taking for the payment of Money, who are now by law prohibited from issuing the same.

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AN ACT to provide for the continuation of Suits and Process, in cases of

Formation of New Districts.

TA

[Passed 10h February, 1840.] WHEREAS in cases where New Districts have been erected by Acts of the Provincial Parliament, much inconvenience has been found to arise Recital of inconvenience from the want of legal authority in the respective Sheriffs of the Districts, formation of new of which the New Districts formed a part, to continue to execute Legal Process already issued, and to execute Process in Suits already commenced : 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

to suits from the

Districts ;

All suits commenced at the time of dividing any District to be carried on as if no such division had take place;

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 all Suits commenced in any of the District Courts of this Province, and all Suits commenced in Her Majesty's Court of Queen's Bench at the time of the division of any District of this Province, shall continue to final Judgment and Execution as if no such division had taken place; and all Process, whether Mesne or final, directed to the Sheriff of the District in which the Suit shall have been commenced, shall be considered legal and regular, notwithstanding the erection of any New District; and the Sheriffs of the Districts to which such Process shall have been or shall be addressed, shall have the execution of such Process, and the custody of all Persons and Property taken or seized under the same, and shall be subject to the same liabilities respecting the same as if no such New District had been erected, any thing in the several Acts for the erection of New Districts to the contrary thereof in any wise notwithstanding.

herifl. to execute proces, &c. as if such new District had not been formed.

Not to prevent trials being ordered to take

II. Provided alırays, and be it further enacted by the authority aforesaid, place in the new District; That nothing in this or any other Act contained, shall extend or be con

strued to extend, to prevent the Court of Queen's Bench or a Judge

thereof, from ordering the Trial of any cause pending as aforesaid to be Districes to be hereafter had in such New District: Provided also that the provisions of this Act

shall extend to any case arising from any division of Districts which may hereafter take place.

This Act to extend to

formed.

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AN ACT to continue and make perpetual an Act passed in the fifth year of

the reign of His late Majesty King William the Fourth, entitled, An Act to mitigate the Law in respect to Imprisonment for Debt."

[Passed 10:6 February, 1840.]

Preamble.

W HEREAS an Act passed in the fifth year of the reign of His late
Majesty King William the Fourth, entitled, “* An Act to mitigate the Law
in respect to Imprisonment for Debt," is about to expire, and it is expedi-
ent 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 William 4th, ch. 3, and by the authority of the same, That the said recited Act be and the made perpetual: same is hereby continued and made perpetual.

CHAP. VII.

AN ACT to revive, continue and make perpetual a certain Act passed in

the fifth year of the reign of His late Majesty King William the Fourth, entitled, An Act to continue and amend the Law for attaching the Property of Absconding Debtors, and for other purposes thereinmentioned.

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W HEREAS it is doubtful whether an Act passed in the second year Preamble. of the reign of His late Majesty King William the Fourth, entitled, “An Act to afford means for attaching the Property of absconding Debtors” is still in force: And whereas it is expedient that the same should be revived, continued and made . perpetual, and that any proceedings that may have been had or taken under any of its provisions since the same ceased to be in force, should be declared as valid and effectual for all intent and purposes whatever as if the same had not expired: 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 the said recited Act be and the ga same is hereby revived, continued and made perpetual; and that all pro- revived and made

perpetual: ceedings whatsoever that may have been had or taken on or under the

2d Will. 4th, ch.3,

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