Other exceptions.

It may be made a condition at any sale,

tha: the purchaser shall pay the auction duties.

dize sold at Auction under the authority of any Sheriff, Under Sheriff or Constable. And Provided also, That nothing in this Act contained shall extend or be construed to extend to affect any sale of farming stock, or utensils of husbandry, or household furniture that have been in use, any thing to the contrary hereof notwithstanding.

VIII. Provided always, and it is hereby further enacted by the authority aforesaid, That nothing herein contained, shall extend or be construed to extend to restrain any seller by Auction, or person acting as Auctioneer at any sales by way of Auction, from making it a condition of sale, that the pound rate Granted by this Act, or any certain portion thereof, shall be paid by the purchaser, over and above the price bidden at such sale by Auction: and in such case, the person so acting as Auctioneer is hereby authorised and required to demand payment of the said duty from such purchaser or purchasers, or such portion thereof as expressed in such condition or agree On his failing to pay, ment, and upon neglect or refusal to pay the same, such bidding shall be null and void to all intents and purposes..

his bidding to be void

Act.

Distribution of pe

IX. And be it further enacted by the authority aforesaid, That the moiety of nalties imposed by this every pecuniary penalty or satisfaction by this Act imposed, shall belong to His Majesty, His Heirs and Successors, and shall also be paid by the person or persons respectively receiving the same, into the hands of the Receiver-General, to and for the use of His Majesty, His Heirs and Successors for the public uses of this Province, and towards the support of the Civil Government thereof, to be accounted for to His Majesty through the Lords Commissioners of his Treasury for the time being, in such manner and form as it shall please His Majesty to direct; and the other moiety thereof to the informer or person who shall sue for the same.

Informer.

Collectors, how and

and transmit monies.

X. And be it further enacted by the authority aforesaid, That the Colwhen to render acc'ts. lectors acting by virtue of and under the authority of this Act, shall, and they are hereby required to make returns to the Inspector General of this Province, and transmit all such monies as may come to their hands, to the Receiver General of this Province, in like manner and subject to the same pains and penalties as Inspectors and Collectors now are by virtue of any Law now in force in this Province.

Collectors may re tain £5 per cent.

Appropriation of mo

nies paid to the Recei

ver General under this Act.

Limitation of actions

XI. And be it further enacted by the authority aforesaid, That the said Collector shall retain and take at the rate of five pounds, for every hundred pounds, which he shall so collect as aforesaid, during the continuance of this Act, and all monies so paid by the said Collector into the hands of the Receiver General, shall be by him accounted for to His Majesty, His Heirs and Successors, through the Lords Commissioners of his Treasury for the time being, in such manner and form as His Majesty, His Heirs and Successors shall be graciously pleased to direct.

XII. And be it further enacted by the authority aforesaid, That if any acbrought for any thing tion or suit shall be brought or commenced against any person or persons, for any thing done in pursuance of this Act, such action or suit shall be

done under this Act.

commenced

commenced within six months next after the matter or thing done, and not afterwards.

XIII. And be it further enacted by the authority aforesaid, That this Act shall continue and be in force for the space of four years, next ensuing the passing thereof, and from thence to the end of the then next ensuing Session of Parliament.

Continuance of this

Act.

An Act to repeal an Act passed in the fifty-sixth year of His Majesty's Reign, entitled, “An Act granting to His Majesty a Sum of Money, to be applied for the encouragement of the cul- tivation of HEMP, within this Province."

CHAP. VIII.

An Act to provide for the REGISTERING of DEEDS, CONVEYANCES, WILLS and other INCUMBRANCES, which may affect any Lands, Tenements and Hereditaments, the same being executed in the United Kingdom of Great Britain and Ireland, or in any of His Majesty's Colonies, and to amend an Act passed in the thirty-fifth year of His Majesty's Reign, entitled, “ An Act for the Public Registering of Deeds, Conveyances, Wills, and other Incumbrances, which shall be made, or may affect any Lands, Tenements or Hereditaments within this Province."

W

[Passed 1st April, 1818.]

HEREAS, it is expedient to amend the provisions of an Act passed in the thirty-fifth year of His Mjesty's Reign, entitled, "An Act for the Public Registry of Deeds, Conveyances, Wills and other Incumbrances. which shall be made or may affect any Lands, Tenements or Hereditaments within this Province." And whereas, great inconvenience and difficulties have arisen in cases where persons residing in Great Britain and Ireland, or in any Colony belonging to His Majesty, who may have had occasion to execute any Deed or Conveyance, or to have made or published any Will, whereby any Lands or Tenements within this Province, may be affected, by reason of the difficulty of Registering the same, according to the direction of the said recited Act: for remedy whereof, Be it enaated 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, 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 fur

ther

Preamble',

35th Geo. III. c 5.

Memorial to be made ance, will, &c. execut Ireland, or any British

of any deed, convey

ed in Great Britain or

Colony.

How such memorial

ed and entered.

ther provision for the Government of the said Province," and by the autho rity of the same, That from henceforth, whenever any person or persons residing in Great Britain or Ireland, or in any Colony belonging to the Crown of Great Britain, shall or may have occasion to execute any Deed or Conveyance, or make or publish any Will whereby any Lands or Tenements within this Province may be affected, it shall and may be Lawful to and for the parties concerned, to execute a Memorial of any such Deed, Conveyance, or Will or Probate of the same, in like manner as is authorized and directed by the said in part recited Act.

II. And be it further enacted by the authority aforesaid, That any Memoshall be received, prov- rial of any such Deed or Conveyance, which shall have been or may hereafter be executed or published in any part of Great Britain or Ireland, or in any Colony belonging to the Crown of Great Britain, shall be entered or Registered by the Register or his Deputy of any County or Counties within this Province, in case an affidavit shall have been sworn, or shall hereafter be sworn before the Mayor or Chief Magistrate of any City, Borough. or Town Corporate in Great Britain or Ireland, or the Chief Justice or Judge of the Supreme Court of any Colony belonging to the Crown of Great Britain, and be brought to the said Register or his Deputy, wherein one of the witnesses to the execution of such Deed or Conveyance shall have sworn, or shall hereafter swear, he or she saw the same, as also the Memorial thereof executed; and in case of Wills, one of the witnesses to the Memorial of such Will or probate thereof shall have proved, or shali hereafter prove the execution of such Memorial, the same shall be a sufCertificate of registry. ficient authority to the said Register or his Deputy, to give the party that brings such Deed or Conveyance, Will or Probate thereof, and the Memorial of the same, together with such affidavit, a certificate of the Registry of the same, in like manner as if the execution thereof had been before the said Judge, Commissioner, Register or his Deputy as aforesaid.

'Provision for the re

when the witnesses to the same are dead.

proved

III. And be it further enacted by the authority aforesaid, That from and gistry of Deeds, &t. after the passing of this Act, in such cases where the witnesses to any Deed, Conveyance, or Instrument incumbering Lands in this Province shall be dead, it shall and may be lawful for the grantee or grantees, his or their heirs, executors or administrators, guardians or trustees, to make proof before the Justices in Quarter Sessions assembled, of the execution of such instrument, and upon certificates signed by the Chairman, and witnessed by the Clerk of the Peace, that the majority of the Magistrates present in such Sessions were satisfied by such proof, of the due execution of such instrument, it shall and may be lawful for the Register of the said County to Register a Memorial of such instrument, together with the certificate, which Registration shall have the same force and effect, as that of a Memorial Registered according to the provisions of the before recited Act, passed in the thirty-fifth year of His Majesty's Reign, and no other.

How proof of Deeds in such cases shall be received.

IV. And be it further enacted by the authority aforesaid, That it shall and be lawful for the Justices of the Peace in each and every District in may this Province, in Quarter Sessions assembled, to receive such evidence,

upon

upon oath, and that if any person or persons shall at any time forswear him, her or themselves, before such Magistrates, he, she or they shall incur and be liable to the same penalties as would have been incurred upon conviction for wilful and corrupt perjury, in any evidence given in His Majesty's Court of King's Bench, in this Province, in any cause there depending.

V. And be it further enacted by the authority aforesaid, That no certificate to be granted as aforesaid, by any such Mayor or Chief Magistrate of any City, Borough or Town Corporate in Great Britain or Ireland, or of any Colony belonging to the Crown of Great Britain, shall have any force or effect, unless the Seal of such City, Borough or Town Corporate shall

be affixed thereto.

CHA P. IX.

An Act to repeal an Act passed in the thirty-fifth year of His Majesty's Reign, entitled, "As Act to ascertain the ELIGIBILITY of PERSONS to be Returned to the HOUSE of ASSEM BLY." and also to repeal an Act passed in the fifty-fourth year of His Majesty's Reign, enti. tled "An Act to repeal and amend part of an Act passed in the thirty-fifth year of His Majesty's Reign, entitled 'An Act to ascertain the eligibility of persons to be Returned to the House of As sembly." and to make further and more effectual provision for securing the freedom and con stitution of the Parliament of this Province..

WHE

[Passed 1st April, 1818.]

HEREAS, it is most desirable that the eligibility of persons to be proposed as Candidates for the Representation of the several Towns, Ridings and Counties of this Province, in the Commons House of Assembly, should be clearly and expressly defined: and whereas the provisions of an Act passed in the thirty-fifth year of His present Majesty's Reign, entitled "An Act to ascertain the eligibility of persons to be returned to the House of Assembly" and also of an Act passed in the fifty-fourth year of His Majesty's Reign, entitled "An Act to repeal and amend part of an Act passed in the thirty-fifth year of His Majesty's Reign, entitled, "An Act to to ascertain the eligibility of persons to be returned to the House of Assembly." have not attained that object; 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, 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 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, each of the said Acts respectively shall be and the same are hereby repealed.

Preamble:

35th Geo. III. c 2.

54th Geo. III, e 4.

Repealed

II. And be it further enacted by the authority aforesaid, That from and after the passing of this Act, no person or persons, of what condition soever, having been a bona fide resident in any country not being under His Majesty's Government, or who shall have taken the oath of allegiance to any other State or Power, shall be eligible to be proposed, chosen or elected, as a Representative or Representatives of any City, County, Riding_or Borough, or other place of any description now or hereafter sending a Representative or Representatives to the House of Assembly of this Province, until such person or persons shall have resided in this Province for and during the space of seven years next before the election at which any such person or persons shall be proposed, elected or chosen as a Representative or Representatives as aforesaid.

III. And be it further enacted by the authority aforesaid, That if any person or persons as aforesaid, not having resided in this Province for seven years as aforesaid, shall propose or offer himself or themselves as a candidate or candidates to become a Representative or Representatives of any County. City, Riding or Borough, or other place now or hereafter sending a Repre sentative or Representatives, and shall be thereof convicted by the oath of one credible witness, shall forfeit and pay the sum of two hundred pounds, to be recovered by any person who shall sue for the same, in His Majesty's Court of His Bench in this Province, by action of debt, bill, plaint or in formation, wherein no essoigne, privilege, protection or wager of Law shall be allowed, and only one imparlance.

IV. And be it further enacted by the authority aforesaid, That if any person or persons as aforesaid, not having resided in this Province for seven years as aforesaid, whether such person or persons shall have proposed or offered him or themselves as a candidate or candidates or not for any County, City, Riding or Borough, or other place of any description now or hereafter sending a Representative or Representatives to the House of Assembly of this Province as aforesaid, shall presume upon such choice or election to obtrude or present himself or themselves into the said House as a Reprèsentative or Representatives as aforesaid, he or they shall forfeit and pay the sum of forty pounds, over and besides the foregoing penalty, if such person or persons shall have incurred the same, for every day that he shall so obtrude or present himself or themselves, to be recovered by any person or persons who shall sue for the same in His Majesty's Court of His Bench, by action of debt, bill, plaint or information, wherein no essoigne, privilege, protection or wager of Law shall be allowed, and only one imparlance.

V. And be it further enacted by the authority aforesaid, That from and af ter the passing of this Act, no person or persons, of what condition soever, shall be eligible to be proposed, chosen or elected as a Representative or Representatives of any County, City, Riding, Borough or other place of any description, now or hereafter sending a Representative or Representatives to the House of Assembly of this Province, unless he shall be possess ed of an unincumbered freehold, in lands or tenements, in fee simple, in this Province, to the assessed value of eighty pounds, lawful money of this Province,

VI