appointed in

in the Parliament of Great Britain and Ireland, intituled An Act to Re-unite the Peace, to be Provinces of Upper and Lower Canada, and for the Government of Canada, and it the several Disis hereby enacted by the authority of the same, that from and after the first day of January in the year of our Lord one thousand eight hundred and forty three, all Justices of the Peace to be appointed in the several Districts of this Province, shall be of the most sufficient persons, dwelling in the said Districts, respectively.

tricts of this Province, to be of the sufficient per

most

song dwelling in the said Districts respect

ively.

Solicitor

or

II. And be it enacted, that no Attorney, Solicitor, or Proctor in any Court No Attorney, whatsoever, shall, from and after the said first day of January one thousand eight p hundred and forty three, be capable of being or continue to be a Justice of the Peace a Justice of the in and for any District of this Province, during such time as he shall continue the time ho to practice as an Attorney, Solicitor or Proctor.

Peace, during

shall continue

to practice as

such.

persons that

pointed Jus

To take an

III. And be it enacted, that from and after the said first day of January, one Qualification thousand eight hundred and forty three, no person shall be a Justice of the required of alt Peace, or act as such within any District of this Province, who shall not have in shall be aphis actual possession, to and for his own proper use and benefit, a real Estate tices of the either in free and common soccage, or en fief, or en rôture, or en franc aleu, in ab- Peace. solute property, or for life, or by emphyteose, or lease for one or more lives, or originally created for a term not less than twenty-one years, or by usufructuary possession for his life in lands, tenements or other immoveable property, lying and being in this Province, of or above the value of three hundred pounds, currency, over and above what will satisfy and discharge all incumbrances affecting the same, and over and above all rents and charges payable out of or affecting the same, or who shall not before the said first day of January one thousand eight Oath. hundred and forty three, or before he takes upon himself to act as a Justice of the Peace after the said first day of January, one thousand eight hundred and forty three, take and subscribe the Oath following, before some Justice of the Peace for the District for which he intends to act, that is to say:-" I, A. B. do swear, that The oath. I truly and bonâ fide, have to and for my own proper use and benefit, such an Estate (specifying the nature of such Estate, whether land, and if land, designating the same by its local description, rents, or any thing else) as doth qualify me to act as Justice of the Peace for the District of according to the true intent and meaning of an Act of the Provincial Parliament, made in the sixth year of the Reign of Her Majesty, Queen Victoria, and intituled An Act for the qualification of Justices of the Peace; and that the same is lying, and being (or issuing out of lands, tenements or hereditaments, situate) within the Township, Parish or Seigniory of (or in the several Townships, Parishes, or Seignories of ) (or as the case may be.)-So help me God."-A certificate of which oath having been so taken and subscribed as aforesaid, shall be forthwith deposited by the said Justice of the Peace, who shall have taken the same at the

The certifi

cate of such posited at the

Oath to be de

Office of the Office of the Clerk of the Peace for the District, and be by the said Clerk filed among the records of the Sessions of the said District,

Peace.

Penalty on

Justices of the without having

Peace acting

taken the Oath and not being qualified.

Manner of

proceeding in in the defendant shall pre

actions where

tend to found

his right upon any lands not

Oath, as con

his

stituting qualification to

act as a Jus

tice of the

Peace.

The issue joined,no lands

IV. And be it enacted, that every such Clerk of the Peace, shall upon demand for that purpose made, forthwith deliver a true and attested copy of the said Oath in writing to any person paying the sum of one shilling, and no more for the same; which copy being produced as evidence on trial of any issue in any action or suit brought upon this Act, shall have the same force and effect as the record of the said Oath would have, if so produced.

V. And be it enacted, that from and after the said first day of January, one thousand eight hundred and forty three, any person, who shall act as Justice of the Peace in and for any District in this Province, without having taken and subscribed the said oath as aforesaid, or without being qualified according to the true intent and meaning of this Act, shall for every such offence forfeit the sum of twenty five pounds currency, one moiety to Her Majesty, and the other moiety to such person or persons as shall sue for the same, to be recovered, together with full costs of suit, by civil action, or by plaint or information, in any Court having competent jurisdiction in the District wherein the offence shall have been committed, and in every such action, suit or information, the proof of his qualification shall be upon the person against whom the suit shall be brought.

VI. Provided always, and be it enacted, that if the Defendant in any such action, suit or information, shall intend to insist upon any lands, tenements or real estate, not mentioned in the oath aforesaid, as constituting the whole or any part of his qualification to act as a Justice of the Peace, at the time of the offence alleged against him, he shall at or before the time of his pleading, deliver to the plaintiff or informer, or to his Attorney, notice in writing, specifying such lands, tenements or real estate (other than those mentioned in the said oath) and the Township, Parish, Seigniory, or place, and the County or Counties in which the same may be respectively situate, and if the plaintiff or informer in any such action, suit or information shall think fit thereupon not to proceed any further, he may, with leave of the Court, discontinue such action, suit or information, on payment of such costs to the defendant, as such defendant may be entitled to, according to the course and practice of the Court.

VII. Provided always, and be it enacted, that upon the trial of any issue in &c. not men any such action as aforesaid, no lands, tenements, or real estate which are not tioned in such mentioned in such oath or notice as aforesaid, shall be insisted upon by the deto be insisted fendant as part of his said qualification.

Oath or notice,

upon by the

defendant.

VIII.

If the lands belonging to

such

oath and those

VIII. And be it enacted, that when the lands, tenements, or real property, mentioned in the said Oath or notice, are together with other lands, tenements or the persons real property, belonging to the person taking such Oath or delivering such notice, taking liable to any charges, rents, or incumbrances, then and in that case, within mentioned in the true intent and meaning, and for the purposes of this Act, the lands, tenements and real property mentioned in the said oath or notice, shall be deemed and taken to be liable and chargeable only so far as the other lands, tenements and real property so jointly charged, are not sufficient to pay, satisfy or discharge the

same.

IX. Provided always and be it enacted, that when the qualification hereby required or any part thereof, consists of rent, it shall be sufficient to specify in such oath or notice as aforesaid, so much of the lands, tenements, or real property, out of which such rent is issuing, as shall be of sufficient value to secure such

rent.

the same, be liable to any

charge, the latter to be charg as the lands

80 jointly charged may be insufficient to discharge the charges. If such qualisists of a rent, then so much

fication

con

of the lands as may suffice to secure the same to be specified

X. Provided always and be it enacted, that in case the plaintiff or informer in in such oath. any such action, suit or information, shall discontinue the same, otherwise than as aforesaid, or judgment be given against him, then and in every such case, the defendant shall recover treble costs.

XI. Provided always, and be it enacted, that when an action, suit or information shall be brought, and due notice thereof shall be given to the person against whom such action, suit or information shall be brought, no proceedings shall be had upon any subsequent action, suit, or information against the same person, for any offence committed before the time of giving such notice; but the Court wherein such subsequent action, suit or information shall be brought, may upon the defendant's motion, stay proceedings upon every such subsequent action, suit or information: Provided such first action, suit, or information be prosecuted without fraud and with effect, it being he.eby declared, that no action, suit or information shall be deemed or construed to be an action, suit or information within the intent and meaning of this Act, unless it shall be so prosecuted.

XII. And be it enacted, that the Court in which any action, suit or information shall be brought for the recovery of any penalty imposed by this Act, shall require from the plaintiff or informer, his declaration upon oath that such action, suit or information has been brought without fraud, and not for the purpose of protecting the defendant from any action, suit or information, which might be brought by any other person, by reason of the same offence: and that if such declaration be not made to the satisfaction of the Court, the action, suit or information, shall be immediately dismissed with costs.

Defendant if successful to recover treble costs.

Persons ma

ments in Oath,

XIII. And be it enacted, that if the statement in any oath, or in any declaraking false state- tion under oath, taken or made in pursuance of the requirements of this Act, to guilty of wilful the knowledge of the person making the same, be false, such person shall be guilperjury. ty of wilful and corrupt perjury, and subject to all the pains and penalties attendant on that offence.

Limitation of

actio n.

Provisions con

Act not to ex

XIV. Provided always, and be it enacted, that every action, suit or information given by this Act, shall be commenced within the space of six calendar months next after the fact, upon which the same is grounded, shall have been committed and not afterwards.

XV. Provided always, and be it enacted, that nothing in this Act contained tained in this shall extend to the Members of Her Majesty's Legislative Council, or to the tend to persons Members of Her Majesty's Executive Council, or to the Judges of any Court of holding certain situations King's Bench or of Queen's Bench, or to the Vice Chancellor of Canada West, or to the Provincial Judges of the Inferior District of St. Francis and the Inferior District of Gaspé, or to any District Judge, or to Her Majesty's Attorney General, Solicitor General, Advocate General, or any of Her Majesty's Counsel in the Law.

Fines and

penalties to bo payable to Her Majesty and be at the dis

XVI. And be it enacted, that no person or persons having, using or exercising the Office of Sheriff or Coroner in and for any District in this Province, shall be competent or qualified to be a Justice of the Peace or to act as such for any District wherein he or they shall be Sheriff or Coroner, during the time that he or they shall have used or exercised such Office, under the penalties aforesaid; and that all and every act and acts to be done by any such Sheriff or Sheriffs, Coroner or Coroners, by the authority of any Commission of the Peace during the time aforesaid, shall be absolutely void and of none effect.

XVII. And be it enacted, that the fines and penalties which shall be incurred and payable to Her Majesty, Her Heirs and Successors, by virtue of this Act, shall be paid into the hands of the Receiver General, and shall remain at the disposal of the Provincial Parliament for the public uses of the Province, and shall Provincial Par be accounted for to Her Majesty, Her Heirs and Successors, through the Lords liament, and Commissioners of Her Majesty's Treasury for the time being, in such manner and form as Her Majesty, Her Heirs and Successors shall direct.

posal of the

to be account

ed for to Her

Majesty.

CAP.

1842.

6° VICTORIÆ, Cap. 4.

CAP. IV.

An Act to amend the Act therein mentioned, relative to the desertion of Seamen and others in the Sea-Service.

[12th October, 1842.]

แ

W

THEREAS it is expedient to amend in the manner hereinafter mentioned, Preamble. the Act of the Legislature of Lower Canada, passed in the forty-seventh year of the Reign of His late Majesty King George the Third, and intituled "An Act to prevent the desertion of Seamen and others in the Sea-Service;

to punish persons encouraging such Seamen and others to desert, or harbouring Act 47 Geo. 3.

c. 9.

The allow

to Seamen de

reduced.

or concealing them thereafter; and to repeal certain Acts therein men"tioned;"-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 Reunite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, that the allowance to be paid in lieu of provisions by the Master or Commander ance to be paid of any Ship or Vessel to any Seaman, Landsman, Apprentice or person tained under legally engaged in the manner mentioned in the Act cited in the Pream- the said Act, ble to this Act, who having deserted from such Ship or Vessel shall have been in consequence of such desertion imprisoned in any Gaol or House of Correction, shall from and after the passing of this Act, be seven-pencehalfpenny current money of this Province, and no more for each day such Seaman, Landsman, Apprentice or person as aforesaid, shall remain in such Gaol or House of Correction; and so much of the fifth section or of any other part of the said Act, as directs that any greater sum be paid as such allowance, is hereby repealed: Provided always, that all other provisions of the said Act Proviso. shall apply to the allowance hereby directed to be paid, as if the said allowance had been directed to be paid by the fifth section of the said Act, instead of the allowance of one shilling and sixpence current money of this Province therein mentioned.

CAP