СНА 1 An Act to remove doubts with respect to the authority under which the COURTS of GENERAL QUARTER SESSIONS of the PEACE and other Courts have been erected and holden, and other matters relating to the ADMINISTRATION of JUSTICE done in the several Districts of this Province, and also to fix the tines of holding the COURTS of GENERAL QUARTER SESSIONS of the PEACE in and for the same. [9th July, 1801.] WHEAREAS doubts have arisen with respect to the authority under Preamble. which the Courts of General Quarter Sessions of the Peace, the District Courts, the Surrogate Courts and the Courts of Requests, have been erected and are now holden in the several Districts of this Province, and also the authority under which Commissions of the Peace, Commissions of Assize and Nisi Prius, Commissions of Oyer and Terminer, Commissions to Sheriffs and other persons concerned in the administration of Justice, have been issued in and for the said Districts respectively, for removal of such doubts, Be it declared and enacted, by the King'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, intituled, "An Act to repeal certain parts of an Act passed in the fourteenthi year of His Majesty's Reigu, intituled, '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, And it is hereby declared and enacted, that the authority under which the said Courts and Commissions have been erected, holden and issued, and also all matters and things done by or by vir- commissions, &c. tue of the same are so far as relates to the authority under which the same have been so erected, holden, issued and done, good and valid to all intents and purposes whatsoever, and that the provisions of all the Acts of the Legislature of this Province respecting the said Courts and Commissions, or any of them, are hereby declared to extend and be in force (except as herein after mentioned) in each and every the said Districts respectively. II. And be it further enacted by the authority aforesaid, That the Courts of General Quarter Sessions of the Peace in and for the Western District, the District of Niagara, and the Home District respectively, shall be holden in the towns of Sandwich, Niagara and York, on the second Tuesday in the months of January, April, July and October. Confirmation of courts, Times of holding Qr Sessions. с (a) See 55th Geo. IIP. And that the said Courts of General Quarter Sessions of the Peace in and for the District of London, shall be holden in the town of Charlotteville (a) 16 on the second Tuesday in the month of March, June, September and December. (b) And that the said Courts of General Quarter Sessions of the Peace in and for the Midland District, shall be holden in the town of Adolphus-Town on the fourth Tuesday in the month of January, and on the second Tuesday in the month of July, and in the town of Kingston on the fourth Tuesday in the month of April, and on the second Tuesday in the month of October. And that the Courts of General Quarter Sessions of the Peace in and for (b) See 56th Geo, III c 1.). the Provision respecting the Districts of Lon dou and Johnstown. 36-56th 4-55th c 9.) the District of Johnstown shall be holden in the town of Johnstown on the third Tuesday in the months of February and May, and on the second Tuesday in the months of August and November. And that the Courts of General Quarter Sessions of the Peace in and for the Eastern District, shall be holden in the town of Cornwall on the fourth Tuesday of the months of January and April, and on the second Tuesday of the months of July and October. IH. And be it further enacted by the authority aforesaid, That the duties which are required by law to be done and executed by any person or persons, at or before the April Sessions, shall be done and executed at or before the June Sessions, in the District of London, and at or before the May Sessions in the District of Johnstown. Preamble. CHAP. VII. An Act to authorise the Governor, Lieutenant Governor, or Person Administering the Govern- W of Flour, Pot and Pearl Ashes, and tend to establish the credit of HEREAS it would be for the mutual advantage of buyers and sellers those articles in foreign markets, if means were adopted for the ascertaining the Quality of those articles when offered for sale within this Province; Be it enacted by the King'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, intituled, "An Act to repeal certain parts of an Act passed in the fourteenth year of His Majesty's Reign, intituled, '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 and may be lawful for the Governor, Lieutenant Governor, or Person Administering the Government for the time being, to appoint one or more persons in every District of this Province, at such place or places as he shall deem proper, as Appointment in eve- Inspector or Inspectors, of Flour, Pot and Pearl Ashes, and the said Inspectors of it, and tor or Inspectors, before he or they shall enter upon the execution of such office, shall take the following oath: of flour, pot pearl ashes. II. I do sincerely swear, that I will faithfully and impartially, and according to the best of my skill and understanding, execute the office and duty of an Inspector or Examiner of Flour, or Pot and Pearl Ashes, (as the case may Oath to be taken by be) according to the true intent and meaning of an Act of this Province, intitu Inspectors. led, "An Act to authorize the Governor, Lieutenant Governor, or person administering the Government, to appoint Inspectors of Flour, Pot and Pearl Ashes, within this Province."-So help me God. III. And be it further enacted by the authority aforesaid, That it shall and 'may be lawful for any person or persons, having Flour, Pot or Pearl Ashes for sale, to call upon the Inspector to examine the same, who is hereby authorised and required to examine such Flour, by boring the head of the cask, and piercing through the Flour, with the usual instrument, in order to prove whether it be honestly and truly packed, and to judge of its quality; and the said Inspector shall declare the quality of the same, by marking it as superfine, fine, or middling, and if unsound or soured, he shall also mark the same on the head of each cask; and in the case of Pot and Pearl Ashes, the Inspector is hereby authorised and required to unpack the cask or casks in which it is contained, and to repack the same, and he shall declarethe quality thereof, by marking each cask as first, second or third sort, or merely salts, as the case may be. Fees allowed to the IV. And be it further enacted by the authority aforesaid, That it shall and may be lawful for such Inspector to ask and receive of and from the person Insectors. calling upon him to search and examine Flour, Pot and Pearl Ashes as aforesaid, for every barrel of Flour, three pence, and for every cask of Pot and Pearl Ashes, one shilling. CHA P. VIII. An Act to prevent the Sale of SPIRITUOUS LIQUORS and STRONG WATERS in the HEREAS it is necessary for the comfort of the Moravian Indians, inhabiting that certain tract of land on each side of the River Thames, called the Township of Orford, and for the better regulation of the said Indians, that no Rum, or Spirituous Liquors, shall be sold within that Township; Be it enacted by the King'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, intituled, "An Act to repeal certain parts of an Act passed in the fourteenth year of His Majesty's Reign, intituled, '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 person or persons whatsoever, to sell or barter any Rum, Brandy, Whiskey, or other Spirituous Liquors, or Strong Waters, within the said tract, so occupied by the said Indians. Preamble barter rum, &c. within the tract occupied by No person to sell or the Moravian Indians. Penalty. II. And be it further enacted by the authority aforesaid, 'That if any person shall be convicted of selling, or bartering any Rum, Brandy, Whiskey, or other Spirituous Liquors, or Strong Waters, within the aforesaid tract, he 4.) K 2 shall (See 40th Geo. III. shall be convicted after the same manner, and be subject to the same pains penalties, and fines as persons selling Spirituous Liquors without licence are now convicted and fined according to law. Preamble. An Act the better to adapt the Establishment of the COURT of KING'S BENCH, to the present situation of this Province. [9th July, 1801.] HEREAS experience has shewn, that under the present circumstan ces of this Province, the benefits intended to arise to the Administration of Justice, by the establishment of the Court of King's Bench, have not been, and cannot be obtained, unless some expedient be adopted to make the said Court more accessible: For remedy thereof, Be it enacted by the King'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, intituled, "An Act to repeal certain parts of an Act passed in the fourteenth year of His Majesty's Reign, intituled, '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 office which the Clerk of the Crown and Pleas now hath Office of the Clerk of in each District be, and the same is hereby declared to be an office from which all original process may issue, and in which actions may be instituted, and all necessary proceedings had before final judgment, in the same manner as the same may now be done in the principal office of the said Clerk. the Crown and Pleas in each District. out of the Home District. II. And be it further enacted by the authority aforesaid, That whenever eiMode of proceeding ther the plaintiff or defendant in any suit hereafter to be instituted in any District, except the Home District, may think it necessary to produce to the Court the writ, declaration, plea, or any other proceeding which may have been filed in such cause, it shall and may be lawful for the said plaintiff or defendant, to demand and receive from the deputy Clerk of the Crown and Pleas in the District, a copy of such writ, declaration, piea, or other proceeding in the cause, certified by the said Clerk to be a true copy of the original, which copy shall be received by the Court in all cases, in lieu of the original, and as a proof thereof. III. And be it further enacted by the authority aforesaid, That before final judgment, the record of the several proceedings that have been had in the cause, shall be transmitted to the principal office of the said Clerk, and shall remain in his custody. IV. And be it further enacted by the authority aforesaid, That it shall and may be lawful to and for the said Court, to make such general rules and regulations as to it shall seem expedient and necessary for the carrying the provisions of this Act into effect, according to the true intent and spirit thereof. V. Provided nevertheless, and be it further enacted by the authority aforesaid, That this Act shall not take effect, until the first day of November next. Court to make rale and regulations: Commencement of this Act. (See 34th Geo. III. c2-37th c 4-38th c 6 СНА Р. Х. An Act to regulate the STATUTE LABOUR to be done upon the ROADS in the tract occupied by the Huron Indians in the County of Essex, in the Western District. WH [9th July, 1801.] Preamble. HEREAS it is necessary that the road which passes through the tract occupied by the Huron Indians, in the County of Essex, should be kept in good repair, Be it therefore enacted by the King'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, intituled, "An Act to repeal certain parts of an Act passed in the fourteenth year of His Majesty's Reign, intituled, 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 King's High Road, which leads through the said tract, between the township of Malden wich and Malden. and the township of Sandwich, be kept in good and sufficient repair, by the inhabitants of the said townships, that is to say, the southern half of the said road by each and every person living within and inhabiting the township of Malden; and the northern half of the said road, by each and every person living within and inhabiting the township of Sandwich. Road between Sand Bridge over the river II. And be it further enacted by the authority aforesaid, That the bridge which has been erected over the River aux Canards, shall be, and is hereby directed to be kept in good and sufficient repair, by the inhabitants of the aforesaid aux Canards. townships generally. or bridge. III. And be it further enacted by the authority aforesaid, That if any person Penalty for refusing as aforesaid, shall refuse to work upon the said road, or towards the repair of to work on the road the said bridge, after he shall have been warned so to do, according to law; it shall and may be lawful for any one Magistrate to issue his warrant to bring such offender before him, and to inflict such punishment as may now be inflicted upon any defaulter, for neglect or refusal to work upon any other His Majesty's Highways in this Province. |
