Description of to pensions. Artillery Driver, or in the Coloured Corps, or was empl with the Indians, or served in the Provincial Marine Estab ment, and whose name now stands on the Pension List of U Canada, or whose Widow or Children is or are now recei a pension on his account, shall be deemed to have bee Militiaman. 53 G. 3, c. 4, s. 1,-2 G. 4, c. 4, s. 19,-1 44, s. 1. WHO TO BE PENSIONED AND THE AMOUNT. 2. In case any Officer, Non-commissioned Officer, Pri persons entitled Militiaman, or Teamster of the Militia, or of any such Corp Detachment, has been or should, after this Act takes effect killed in any engagement with the Enemy, or by acciden casualty, while performing any duty on actual Service in Militia, or has died or should thereafter die while in capti as a Prisoner of War, or of wounds received in action with Enemy, or of any disease contracted while on such Service within twelve months after such disease was contracted, left or leave a Widow, or a Child or Children; then his Wid during her Widowhood, and in case of her death or marria his Child or Children, being under the age of sixteen ye and until they respectively attain that age, shall be allowe pension of Eighty Dollars per annum, to be paid to s Widow, or, in case of her death or marriage, to be paid the use of such Child or Children, to his or their Guardian to the Executor or Administrator of his or their Father, the Receiver General, out of any moneys in his hands sub to the disposition of the Legislature, and in discharge of Warrants of the Governor, who may order such pension to paid in advance quarterly or half yearly. 53 G. 3, c. 4, s. 5, G. 4, c. 4, ss. 2, 21,--7 G. 4, c. 6, s. 5,—1 V. c. 44, s. 2. Persons wounded or disabled. Persons spe 3. In case any person has been wounded or should herea be wounded, or in any way disabled while in the Pul Service as a Militiaman, and be unable to maintain hims he may claim and be allowed a pension of Eighty Dollars 1 V. c. 44, s. 5. annum. WHO NOT TO BE PENSIONED. 4. No person provided for by any special Act shall be cially provided lowed a pension under this Act. 1 V. c. 44, s. 4. for not within this Act. Persons other 5. No person receiving a Pension in any other of I wise provided Majesty's dominions, by reason of wounds or injuries receiv on Militia Service in Upper Canada, shall receive any ad tional Pension. 2 G. 4, c. 4, s. 22. for excluded. The Governor may appoint LOCAL MEDICAL BOARDS. 6. In the case of any person claiming such pension, as havi been so wounded or disabled during or since the War with Boards to exa United States of America, the Governor may appoint three Local Medical Surgeons (legally authorized to practise Physic and Surgery, mine applicants and resident in the County in which the person resides,) to for pensions. examine him, and the decision of such Surgeons, or of any two of them, shall be final; and if they, or any two of them are satisfied, upon examination, that such person is actually disabled from wounds or accident received in such Service, and certify the same, then, upon such certificate being submitted to the Governor, he may cause the name of such person to be placed on the Militia Pension List of Upper Canada, and such person shall from thenceforth receive a Pension of Eighty Dollars per annum, in the same manner as other Militia Pensioners. 7 W. 4, c. 103,---1 V. c. 44, s. 5. GENERAL MEDICAL BOARD. 7. The Governor may from time to time appoint a Board, May appoint a consisting of three or more persons, who shall sit in the City of General Board. Toronto, and examine any person claiming a Pension for wounds received while on actual Service as a Militiaman during the War with the United States, whom the Governor may require to appear before them, and the Board shall enquire into the nature of such wounds, and the circumstances under which they were received, and if such wounds be found and declared by the Board to have disabled the person inspected from maintaining himself by labour, the Governor may direct the name of such person to be placed on the Pension List, and such person shall from thenceforth receive a Pension of Eighty Dollars per annum, in the same manner as other Militia Pensioners. 3 V. c. 27, s. 1. POWERS AND DUTIES OF THE GENERAL BOARD. pensioner to 8. The Governor may require any person who now is, The Governor or hereafter may be placed on the Pension List of Upper may require Canada as a disabled Militiaman, to present himself once appear before in each year before the said Board, for examination; and such Board. if the Board report that such person is then able to maintain himself by labour, the Governor may direct the name of such person to be erased from the Pension List, and his pension shall cease. 3 V. c. 27, s. 2. require. 9. The Governor may require any person receiving a pen- What proot the sion as the Widow of a deceased Militiaman, to adduce proof Governor may to the satisfaction of the Board hereinbefore last mentioned, that she is the Widow of such deceased Militiaman, which proof shall not be limited to the oath of the Pensioner; and if the said Board be of opinion that she is not the Widow of such deceased Militiaman, then her name shall be erased from the Pension List, and her Pension shall cease. 3 V. c. 27, s. 3. More than the oath of a widow 10. The Governor may require any person hereafter may be requiring a pension as the Widow of a deceased Militiaman, to besides her own oath, such evidence of her being such W as he may deem expedient. 3 V. c. 27, s. 4. ed. The General quired into all cases. 11. In every case where a pension is applied for by Board may in been granted to any Widow or Child of a deceased tiaman who died after his discharge from actual servic said last mentioned Board may inquire into the circumst under which such Militiaman died, and whether his was caused by disease contracted or wounds received wh actual service; and if the Board report to the Governor such Militiaman did not die from disease so contracte wounds so received, the application shall be rejected, o name of the Widow or Child shall be erased from the Pe List, and the person shall cease. 3 V. c. 27, s. 5. Affidavits to be made by pensioners halfyearly. PENSIONER'S OATHS, &C. 12. Every Pensioner on the Militia Pension List as soon as convenient after the first day of January, and first day of July in each year, transmit to the Receiver Ger an affidavit (or affirmation), made before a Justice of the P having Jurisdiction in the County or place in which the s is administered, in one of the following forms: 2 G. 4, ss. 15, 18,---1 V. c. 44, s. 3. 1.-I, A. B., of Forms of. late a in the in the County of , Regiment of Militia, do solemnly swear (or affirm) that I am the pe whose name has been heretofore inserted in the Pension of Upper Canada. Or, in the County of 2.-I, G. H., of do solemnly swear (or affirm) that I am the Widow of A who was killed (or died of wounds received in action the enemy, (or was killed or died in any other manner he before mentioned, as the case may be.} 3.-I, G. H., of Or, in the County of do solemnly swear (or affirm) that I am the Widow of A who died from disease contracted whilst on Service. Or, in the case of a Child or of Children, or Exec Guardian of the Child (or Children) of who was kille ac action with the enemy, or, who died from wounds received in action, or, who died from disease contracted whilst on Service (or, as the case may be as aforesaid); and that each of them the said G. H., K. L. and M. N is under the age of sixteen years. 2 G. 4, c. 4, ss. 15, 18. WHO TO CERTIFY THE OATHS. of the Peace or 13. Any one of Her Majesty's Justices of the Peace, or the To be approved Senior Officer of the Regiment of Militia within whose jurisdic- of by a Justice tion or limits the person making such affidavit (or affirmation) the Senior Offiresides, is to certify, in confirmation of the same, in the form cer of Militia. following: 2 G. 4, c. 4, ss. 15, 18. Regiment of I, C. D., one of Her Majesty's Justices of the Peace (or the Senior Officer of the Militia, as the case may be), do hereby certify that the above named deponent (or affirmant) A. B. (or G. H.) is the person he (or she) alleges himself (or herself) to be; and that I verily believe the facts alleged in his (or her) affidavit (or affirmation) to be just sufficient to au And such affidavit (or affirmation) and certificate, with the Such affidavit receipt of the pensioner, Widow, Guardian, Executor or Admi- and certificate nistrator, or his or her Agent (as the case may be), shall be a thorize paysufficient Voucher for the payment of the Pension. 2 G. 4, c. ment. 4, s. 15. WARRANTS FOR PAYMENT. include several 14. To avoid the unnecessary multiplication of Warrants, Warrants for the Governor may, by one or more Warrant or Warrants, order payment may the appropriation and payment of the several sums therein sums. named by the Receiver General to the purposes of this Act. 7 G. 4, c. 6, s. 7. PUBLICATION OF ORDERS TO PAY. 15. When the Governor, from time to time, orders the pay- Notice of payment of the pensions aforesaid, or any of them, the Receiver ment ordered, General shall insert a notice thereof in the Canada Gazette for Receiver Geto be given by three months immediately after such order. 7 G. 4, c. 6, s. 6. neral. CAP. The Governor assign certain nies, and to whom and how. An Act respecting the Sale and Purchase of Cla due to Government for moneys advanced to Pu Works. H Legislative Council and Assembly of Canada, enac ER Majesty, by and with the advice and consent o follows: 1. The Governor by Order in Council, and on the condi in Council may and with the provisions and limitations expressed therein, claims against assign, transfer and convey to any Municipal Corporation, certain Compa- through whose Municipality any public work or improver hereinafter mentioned may lie or pass, or to any incorpor Company or other party who may agree to purchase the sa the claim of the Province for any sum of money due from Company or party, arising out of any advance or payı made by the Government of the Province, or of Upper Can under any Act of the Legislature of Upper Canada, to or any Company incorporated, for the purpose of construc any canal, railroad, harbour, road or other work and imp ment of a public nature that may be mentioned in the O in Council. 13, 14 V. c. 71, s. 1. The order in Council may undertaking of include the sureties. What to be suf of transfer. 2. The Order in Council may also include the under ing of any third person who becomes surety for the due ment of the consideration money, and the faithful performa of any conditions therein mentioned; and such Order in Cou shall transfer to and vest in the assignee therein named, the rights of the Crown in and to the debt or claim the intended to be transferred, and shall have effect according the tenor thereof, as if the clauses, conditions and provis thereof were inserted in this Act. 13, 14 V. c. 71, s. 1. 3. A copy of the Canada Gazette containing any such O ficient evidence in Council, or any copy of such Order certified by the Pro cial Secretary, shall be evidence thereof, and the consent agreement of all the parties named therein shall be presun unless disputed by such parties, and if disputed, the same be proved by any copy of the Order in Council on which consent of the parties is written and attested by such sis ture or seal as would be sufficient to make deed or ag any ment the deed or agreement of such parties. 13, 14 V. c. s. 1. CA |