An Act to alter for a limited period the place of sitting of the Heir and Devisee Commission of the late Province of Upper Canada and for other purposes therein mentioned.

[1st July, 1841.]

Preamble.

WHEREAS, it is necessary to prevent the inconveniences which would otherwise result from the removal of certain public officers and offices to the present Seat of Government in relation to the sittings of the Commissioners under the Heir and Devisee Acts: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Assembly of the Province of Canada, constituted and assembled by virtue of, and under the authority of an Act passed in the Parliament of Great Britain and Ireland, 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 of same, That from and after the passing of this Act, so much of an Act of the Parliament of the of former Acts Province of Upper Canada, passed in the forty-eighth year of the reign of His late Majesty King George the third, intituled An Act to continue an Act passed in the fortyfifth year of His Majesty's reign, intituled An Act to afford relief to those persons who may be entitled to claim Lands in this Province as Heirs or Devisees of the Nominees of the Crown in cases where no patent hath issued for such Lands, and further

Sundry parts

repealed.

to

Governor may

missioners.

to extend the benefits of the said Act, as relates to the issue of any Commission or Commissions under the said Act, and to the persons to whom such Commission or Commissions shall be issued or addressed, and to the person or persons and the number of persons being such Commissioners who might perform and transact business under or by virtue thereof; and also, so much of an Act of the Parliament of the Province of Upper Canada passed in the fifty-second year of the reign of His late Majesty King George the third, intituled An Act to amend an Act passed in the forty-eighth year of His Majesty's reign, intituled An Act to continue an Act passed in the forty-fifth year of His Majesty's reign, intituled An Act to afford relief to those persons who may be entitled to claim Lands in this Province as Heirs or Devisees of the Nominees of the Crown in cases where no patent hath issued for such Lands, and further to extend the benefits of the said Act, or of the above recited Act passed in the forty-eighth year of His Majesty's reign intituled An Act to continue an Act passed in the forty-fifth year of His Majesty's reign, intituled An Act to afford relief to those persons who may be entitled to claim Lands in this Province as Heirs or Devisees of the Nominees of the Crown in cases where no patent hath issued for such Lands, and further to extend the benefits of the said Act, as regards the sittings of such Commissioners to be holden at any particular place, shall be, and the same are hereby repealed.

II. And be it further enacted by the authority aforesaid, that it shall and appoint Com may be lawful for the Governor at any time during the continuance of this Act, to issue such and so many Commissions under the Great Seal of this Province, to the Members of the Executive Council thereof, the Chief Justice and Justices of the Court called and known by the name and style of Her Majesty's Court of Queen's Bench for the Province of Upper Canada, and to the Vice Chancellor of Upper Canada, and to such and so many other persons as the said Governor shall think fit, which said Commissioners, or any three of them, of whom the said Chief Justice, Vice Chancellor or one of the said Justices shall be one, shall have all and every the powers and authorities, matters and things specified and contained in all or any of the statutes of Upper Canada relating to such CommisTo hold their sioners and their Acts; and that the said Commissioners shall hold their sittings sittings at the seat of the Go- at the Seat of Government in the Province of Canada, and at the time and for the period now authorised by Law.

vernment.

To be in force

III. And be it further enacted by the authority aforesaid, that this Act shall for two years. continue and be in force for two years, and shall extend only to that part of this Province which was formerly comprised within the limits of Upper Canada.

May be

amended in this session.

IV. And be it further enacted by the authority aforesaid, that this Act may be amended or repealed during the present Session.

lid.

Notices giv

V. And be it further enacted by the authority aforesaid, that all notices and other proceedings given or instituted for the next sittings of the Commissioners en shall be vaunder the aforesaid acts, shall be valid and effectual to all intents and purposes as if the same had been given for the sittings of the Commissioners to be appointed and holden under this Act.

CAP II.

An Act to Amend the Militia Law of that part of this Province formerly constituting the Province of Upper Canada.

[17th August 1841.]

WHEREAS great inconvenience has been experienced in collecting fines from Preamble. Aliens; And whereas apprehension exists among a numerous and deserving class of Her Majesty's Subjects in this Province, having certain conscientious scruples, that they are subject to excessive fines: 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 Proince 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, 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 of the same, that the fifty second and fifty third sections of the Act of the Legislature of the late Province of Upper Canada, passed in the second year of Her Majesty's Reign, chapter nine, and intituled An Act to repeal, alter and amend the Militia Laws of this Province, be and the same are hereby repealed.

The 52nd and the Provincial Act of Upper Canada, 2d Vic.

53d sections of

c. 9. repealed.

Quakers, Mennonists and

Tunkers not to

serve in the Mi

formerly called

II. And be it enacted, that the persons called Quakers, Mennonists, or Tunkers, shall not be compelled to serve in the Militia within that portion of this Province, which formerly constituted the Province of Upper Canada; but every be liable to person who shall profess to be one of the people called Quakers, Mennonists, or litia in that part Tunkers, and shall if required produce a certificate thereof, signed by the Clerk, of the Province Pastor, Minister or Elder of the Meeting or Society to which he shall belong, Upper Canada. shall be excused and exempted from serving in the said Militia, in the said portion of this Province: Provided nevertheless, that every such person, from the age of sixteen to sixty, so claiming to be excused or exempted, shall on or before the first day of February, in each and every year after the passing of this

But such persons shall certain annual

cor pay a sum of money give serving.

Act,

in lieu of so

give in his name and place of residence to the Assessor or Assessors of the Town, Township or Place where he shall reside, and shall pay in each and every year in The sum to time of peace, the sum of ten shillings, and in time of actual invasion or insurrec

be so paid.

Duty of Path

ing such sums;

tion, or when any of the Militia of the district in which such person shall reside shall be called out on actual service, the sum of five pounds; which commutation money shall be in lieu and discharge of such Militia service, and shall be applied as hereinafter provided.

III. And be it enacted, that it shall be the duty of the Assessor or Assessors in each Township within the said portion of this Province, and they are hereby required to annex a column to each and every Assessment roll of each and every Town, Township or Place in his or their respective District, and therein to insert the names of every such Quaker, Mennonist or Tunker, and also affix the sum of money so to be paid opposite thereunto, which sums of money it shall be the duty of each and every Collector in each and every Town, Township or Place within this Province, to collect, in the same manner as he is authorized by Law to collect any ordinary Assessment; and such Collector shall pay the same into the hands of the Town Clerk, to be expended within the Township where the same shall have been levied, in aid of any road tax or Assessment raised or levied therein. And the Assessor or Assessors shall transmit a list of the names of all such Quakers, Mennonists or Tunkers by him or them inserted in the Assessment roll, to the Colonel of Militia for the division in which such persons shall respectively reside, within thirty days after such Assessment Roll shall have been completed.

IV. And be it enacted, that it shall be lawful to and for the said Town Clerk for such Town, Township or Place, and he is hereby required to pay out the said monies from time to time, to the order of the Road or Path Master of the division wherein such fine shall have been levied, and to be expended on the public Roads, Highways and Bridges within such division.

V. And be it enacted, that it shall be the duty of the Path Masters in every Masters apply Township or Place, and they are hereby required to apply such sum or sums of money from time to time, to the improvement of the Highways, Roads and Bridges, within such Township or Place after the manner and form, and upon such place or places, as they shall be according to law directed, and to render an account thereof upon oath or affirmation, as the case may be, to the Clerk of such Town, Township or Place, whose duty it shall be to report the same to the Magistrates in General Quarter Sessions assembled; and if any such Path Maspath Masters ter, or Town Clerk, shall fail to render such account, or to pay over and distribute such monies as may come into his hands as aforesaid, he shall for such default be

And in accounting for

the same.

Penalty on

neglecting so

to account.

subject

subject to a penalty of ten pounds currency, to be recovered with costs by summary process before any one or more Justices of the peace, for the division or district in which such Town, Township or Place may lie.

VI. And be it enacted, that all proceedings in any suit, action or prosecution, which before the passing of this Act, may, under the provisions of the Provincial Act herein first above cited, have been commenced against any such Quaker, Mennonist or Tunker, as aforesaid, for the recovery of any penalty imposed by the said Act, shall cease and be discontinued from and after the passing of

this Act.

Prosecution pending against

Quakers, MenHoists, or Tunkers, for penalties imposed by the

Act first cited, to be discontinued.

CAP. HI.

An Act to repeal the Laws now in force in that part of this Province, formerly Upper Canada, for the recovery of Small Debts, and to make other provisions therefor.

[27th August, 1841.]

HEREAS the system and practice of the Courts of Requests established Preamble. under and by virtue of certain Acts of the Parliament of the late Province of Upper Canada, require to be amended: 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, 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 of the same, that from and after the first day of December next ensuing, a certain Act of the Parliament of the said late Province of Upper Canada, passed in the third year of the Reign of His late Majesty King William the Fourth, intituled, An Act to repeal part of, amend and reduce to one Act of Parliament, the several Laws now in force in this Province for the recovery of Small Debts, and to extend the jurisdiction of the Court of Requests within the same; and also a certain other Act of the Parliament of the said late Province, passed in the seventh year of the Reign of His late Majesty King William the Fourth, intituled, An Act to amend the Law relating to the Court of Requests, shall be and the same are hereby repealed, and all the powers and authorities given by the said Acts or by any other Acts of the Parliament of the said Province, to any Courts

Certain Acts of the Legislature ada relating to Courts of Reed after a cer

of Upper Can

quests, repeal

tain day.

The powers

granted to any Courts of Reother Act to

quests by any

cease from the said day.