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the Peace of
Copies to be shall be laid before the two Houses of the Legislature, within twenty days after their laid before the Legislature.
receipt by the said Board, if the Provincial Parliament be then sitting, or otherwise Proviso as to
within the first ten days of the Session then next ensuing; and the original notes shall original notes. be kept as records of the District, City, Town, Village, or Municipality in which they
shall have been taken. Board to pre
XV. And be it enacted, That it shall be the duty of the Board aforesaid, to cause a ply the requi. sufficient supply of the necessary forms and instructions to be forwarded to the several site forms.
Wardens of Districts, Mayors of Cities, Municipalities, Towns or Villages, and Presidents of the several Boards of Police of incorporated Towns, six weeks before the
time in each year appointed by this Act for taking the Census. Clergymen in XVI. And be it enacted, That from and after the passing of this Act it shall be the Upper Canada to keep Regis- duty of every Clergyman, Teacher, Minister or other person authorized by law to try of baptisms baptize, marry, or perform the funeral service in Upper Canada, to keep a Registry burials; shewing the persons whom he shall have baptized or married, or who shall have died And to trans. within his cure and belonging to his congregation; the said Registry to be forwarded by to the Clerk of him to the Clerk of the Peace, of the District or Clerk of the City or Town Council or
Board of Police of the City or Town, where he shall reside or officiate at the time, on the District,
or within five days after the first day of January, April, July and October in each year.
XVII. And be it enacted, That wherever in Upper Canada no Clergyman, Teacher, no Clergyman or Minister of any church or congregation shall be resident within a reasonable resident in any distance of any settlement, then it shall be the duty of the head of any family, belonging Township, provided for. to such church or congregation of which a clergyman shall not be so resident, in which
a birth, death, or marriage shall take place, to notify the same to the Clerk of the Township in which he may reside, or in case of there not being any such officer, then he shall notify the same to the nearest Township Clerk, and the Clerks of the several Townships shall forward the same to the Clerks of the Peace of the District, at the
periods mentioned in the next preceding section. Clerks of the XVIII. And be it enacted, That the returns last mentioned shall be forwarded by Peace, &c., to
the respective Clerks of the Peace of the District, and Clerks of the City or Town Councils or Boards of Police, to the Board aforesaid, on or before the first day of January, in every year.
XIX. And be it enacted, That in Upper Canada all Coroners shall return lists of to make certain the inquests held by them, together with the findings of the Juries, to the saił Board,
on or before the first day of January in every year.
XX. And be it enacted, That all Clerks of the Peace shall furnish in triplicate to Peacetinans the said Board, and at such periods as the Board shall appoint, lists of all convictions
which may be had either before Courts of Quarter Sessions or before individual Magistrates within their District.
XXI. And be it enacted, That any person neglecting or refusing to comply with the na not other. requirements of this Act, in any matter for which no punishment is herein specially wise provided provided, shall be guilty of a misdemeanor, and shall be liable to punishment accord
ingly; and all penalties incurred under this section shall be distributed and applied in the manner hereinbefore provided with regard to other penalties.
returns to the Board.
Clerks of the
turns to the Board,
MONTREAL :—Printed by STEWART DERBISHIRE & GEORGE DESBARATS,
Law Printer to the Queen's Most Excellent Majesty.
An Act to amend the Law of Imprisonment for Debt, in Upper Canada.
[ 28th July, 1847. ]
T HEREAS the Law affecting Upper Canada, relating to Imprisonment for Preamble. Vy Debt requires amendment, and it is desirable to afford additional means for the discovery and application of the property and effects of Judgment Debtors, in certain cases: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority ja of the same, That the Jail limits to the respective Jails in each District of that part of include the
whole of the this Province formerly Upper Canada, shall henceforth be and consist of the whole District. of each District for the Jail thereof; Provided always, that no person or persons on the Proviso : on limits of any Jail at the time of the passing of this Act, shall be entitled to thie extended
tions persons limits provided by this Act, unless such person or persons shall enter into a recog- nowin Jail may
obtain such nizance in accordance with the fifth section of this Act.
limits. II. And be it enacted, That all persons now or hereafter under arrest or on bail Persons in upon attachment or other process from any of the Courts of Law or Equity in Upper Jail under pro. Canada, for non-payment of costs or non-payment of money pursuant to award, or for payment of
costs, &c., to the non-payment of any claim in the nature of a demand due, and being a sum certain or capable of computation, and not in the nature of a penalty to enforce the doing of Jail limits &c.,
as if in custody some act other than in effect the payment of a claim partaking the nature of a debt or in execution money claim due, shall be entitled to the benefit of Jail liinits, weekly allowance, and for debt. discharge for non-payment thereof, and shall be also subject to interrogatories, committal to close custody and recommittal, with all other privileges and liabilities, in like manner and by the same mode of proceeding in all respects as if in custody in execution for debt as a defendant; and for the purposes of this Act such persons are hereby declared to be in custody in execution for debt, as defendants.
III. And be it enacted, That it shall be lawful for any person either in close or other Persons in Jail custody in execution for debt, to give to the party or the attorney of the party at whose on suit or instance such person is in custody, fifteen days notice in writing of his appli- not worth inoro
for debt and cation to be altogether discharged from custody, and upon proof of the service of the
than £5 exclu.
other condis tions.
persons in cus
said notice, and upon the affidavit of the prisoner that he or she is not worth the sum obtain their of five pounds, exclusive of necessary wearing apparel of such prisoner and that of discharge on
his family, and their necessary beds and bedding and implements of housekeeping for submitting to interrogatories ordinary use, not exceeding in value ten pounds, it shall be lawful for the Court of and complying Law or Chancery from which the process of imprisonment issued, or in vacation, for
any Judge of such Court, upon the return of a rule or summons to shew cause, for that purpose to be granted, to order the said prisoner to be discharged from custody, provided the prisoner shall have satisfactorily answered, upon oath interrogatories which the creditor may cause to be filed and served before the expiration of the said notice, in the same manner and to the same purport, as prisoners in execution for debt,
before the passing of this Act were required to do. Discharge to IV. And be it enacted, That in all cases where interrogatories are satisfactorily be granted on answered by such prisoner, and a conveyance by him of any means or valuable interthe prisoner's complying est of any kind, he may have or be supposed to have, excepting his said necessary with the requirements
beds, bedding and implements of housekeeping, not exceeding in value ten pounds, of the Act and made towards paying the claim against him, and to the satisfaction of the said Court or assigning his property.
Judge, such prisoner shall upon application to the said Court or Judge, be entitled to his discharge from custody, but such discharge shall not operate as a discharge of such prisoner's liability to pay the claim for which he was so in Custody.
V. And be it enacted, That whenever after the passing of this Act any person or permode in which sons having previously been or who shall thereafter be arrested upon any writ or protody may ob. cess or rendered in discharge of bail, and who shall be by law entitled to the benefit of
the Jail limits, and shall be desirous of obtaining the same, it shall and may be lawful for
for such person or persons to enter into a recognizance of bail or · bail-piece with two Recognizance sufficient sureties under a condition that such person or persons so arrested or being to be given.
under arrest or rendered in discharge of bail, shall remain and abide within the limits of the Jail of the District where such person or persons shall or may have been arrested, and not depart therefrom unless released therefrom by due course of law, and also shall, and will, well and truly obey all notices, orders and rules of Court touching or concern
ing such person or persons remaining or continuing upon the said limits or being Sareties to jus- remanded or ordered to close custody therefrom ; and such sureties shall immediately tify.
upon entering into such recognizance justify by affidavit in double the amount for which Rocognizance such person or persons were or shall have been arrested ; and such recognizance shall
then be filed in the office of the Clerk or Deputy Clerk of the Crown or Clerk of the
District Court, as the case may be, of the District in which the arrest was or may be Notice to made, and notice of such recognizance and of the sureties therein, shall be forthwith
given to the plaintiff or party at whose instance such arrest took place in the same man
ner as in the case of bail to the action; and upon the production to the Sheriff by mit th priBoner to the whom the said arrest was made, of a certificate from the Clerk or Deputy Clerk of the
Crown or Clerk of the District Court of such District, that such recognizance of bail and affidavit of the justification have been filed in his office, it shall and may be lawful for the said Sheriff, to admit such person or persons so arrested to the limits, and. the said Sheriff, shall be discharged from all responsibility respecting such person or persons after such admission to the limits, unless again committed to the close custody of such Sheriff in due form of law, subject to an exception to be entered to such bail, as is now provided in cases of special bail, or by such Rules as the Court of Queen's Bench may direct and appoint.
tain the benefit of the Jail limits.
to be filed.
Sheriff to ad
VI. And be it enacted, That it shall and may be lawful for the Court of Queen's Court of Q. B. Bench to make such Rules for the issuing of any Warrant or Writ in such form as to for the issue of
Writs or Ware such Court shall seem meet, for the levying and enforcing payment of any sum of money
Y rants for levyfor which such attachment or other process as in the second section of this Act is men- ing the money
in cases mentioned, may have issued, as to the said Court shall appear expedient and necessary,
tioned in sec. , when and so often as any person or persons shall or may be discharged from custody or 2, when the
prisoner shall bail on any such attachment or other process in that section mentioned.
from custody. VII. And be it enacted, That the said bail to the limits shall be bound to produce the Bail to pre body of any prisoner on the limits, within such time as the Court or Judge may direct; the body on
order of the provided always further time and relief may be granted to such bail as the said Court or Court or
Judge. Judge may deem equitable.
MONTREAL :- Printed by STEWART DERBISHIRE & GEORGE DESBARATS,
Law Printer to the Queen's Most Excellent Majesty.