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to pensions.

Artillery Driver, or in the Coloured Corps, or was employ with the Indians, or served in the Provincial Marine Establis ment, and whose name now stands on the Pension List of Upp Canada, or whose Widow or Children is or are now receivi a pension on his account, shall be deemed to have been Militiaman. 53 G. 3, c. 4, s. 1,—2 G. 4, c. 4, s. 19,—1 V. 44, s. 1.

WHO TO BE PENSIONED AND THE AMOUNT.

2. In case any Officer, Non-commissioned Officer, Priva persons entitled Militiaman, or Teamster of the Militia, or of any such Corps Detachment, has been or should, after this Act takes effect, killed in any engagement with the Enemy, or by accident casualty, while performing any duty on actual Service in t Militia, or has died or should thereafter die while in captivi as a Prisoner of War, or of wounds received in action with t Enemy, or of any disease contracted while on such Service, within twelve months after such disease was contracted, ar left or leave a Widow, or a Child or Children; then his Wido during her Widowhood, and in case of her death or marriag his Child or Children, being under the age of sixteen year and until they respectively attain that age, shall be allowed pension of Eighty Dollars per annum, to be paid to su Widow, or, in case of her death or marriage, to be paid f the use of such Child or Children, to his or their Guardian, to the Executor or Administrator of his or their Father, 1 the Receiver General, out of any moneys in his hands subje to the disposition of the Legislature, and in discharge of th 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 hereaft be wounded, or in any way disabled while in the Publ Service as a Militiaman, and be unable to maintain himse he may claim and be allowed a pension of Eighty Dollars p annum. 1 V. c. 44, s. 5.

WHO NOT TO BE PENSIONED.

4. No person provided for by any special Act shall be a 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 H wise provided Majesty's dominions, by reason of wounds or injuries receive on Militia Service in Upper Canada, shall receive any add 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 havin been so wounded or disabled during or since the War with th

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 shail 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 proof 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

may be requir

10. The Governor may require any person hereafter cla oath of a widow ing a pension as the Widow of a deceased Militiaman, to g besides her own oath, such evidence of her being such Wid as he may deem expedient. 3 V. c. 27, s. 4.

ed.

The General

Board may inquired into all

cases.

Affidavits to be made by pensioners halfyearly.

11. In every case where a pension is applied for by or been granted to any Widow or Child of a deceased M tiaman who died after his discharge from actual service, said last mentioned Board may inquire into the circumstan under which such Militiaman died, and whether his de was caused by disease contracted or wounds received while actual service; and if the Board report to the Governor such Militiaman did not die from disease so contracted wounds so received, the application shall be rejected, or name of the Widow or Child shall be erased from the Pens List, and the person shall cease. 3 V. c. 27, s. 5.

PENSIONER'S OATHS, &C.

12. Every Pensioner on the Militia Pension List sh as soon as convenient after the first day of January, and first day of July in each year, transmit to the Receiver Gene an affidavit (or affirmation), made before a Justice of the Pe having Jurisdiction in the County or place in which the sa is administered, in one of the following forms: 2 G. 4, c 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 per whose name has been heretofore inserted in the Pension I of Upper Canada.

2.-I, G. H., of

Or,

in the County of

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do solemnly swear (or affirm) that I am the Widow of A. who was killed (or died of wounds received in action w the enemy, (or was killed or died in any other manner here 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,

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Guardian of the Child (or Children) of
(or Administrator) of

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(as the case may be,)

solemnly swear (or affirm) that I verily believe that G. H., K. and M. N. (naming all the Children under sixteen years of ag are Children of the said

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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 and true.

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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, to be given by General shall insert a notice thereof in the Canada Gazette for Receiver Gethree months immediately after such order. 7 G. 4, c. 6, s. 6. neral.

CAP.

CAP. VII.

The Governor

assign certain

nies, and to

whom and how.

An Act respecting the Sale and Purchase of Clai due to Government for moneys advanced to Pub Works.

ER Majesty, by and with the advice and consent of
Legislative Council and Assembly of Canada, enacts

follows:

1. The Governor by Order in Council, and on the conditi in Council may and with the provisions and limitations expressed therein, m claims against assign, transfer and convey to any Municipal Corporation, in certain Compa- through whose Municipality any public work or improvem hereinafter mentioned may lie or pass, or to any incorporat Company or other party who may agree to purchase the san the claim of the Province for any sum of money due from a Company or party, arising out of any advance or paym made by the Government of the Province, or of Upper Canad under any Act of the Legislature of Upper Canada, to or any Company incorporated, for the purpose of constructi any canal, railroad, harbour, road or other work and impro ment of a public nature that may be mentioned in the Or 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 underta ing of any third person who becomes surety for the due p ment of the consideration money, and the faithful performan of any conditions therein mentioned; and such Order in Coun shall transfer to and vest in the assignee therein named, the rights of the Crown in and to the debt or claim there intended to be transferred, and shall have effect according the tenor thereof, as if the clauses, conditions and provisio thereof were inserted in this Act. 13, 14 V. c. 71, s. 1.

3. A copy of the Canada Gazelle containing any such Ord ficient evidence in Council, or any copy of such Order certified by the Prov cial Secretary, shall be evidence thereof, and the consent a agreement of all the parties named therein shall be presume unless disputed by such parties, and if disputed, the same m be proved by any copy of the Order in Council on which t consent of the parties is written and attested by such sig ture or seal as would be sufficient to make any deed or agre ment the deed or agreement of such parties. 13, 14 V. c.

s. 1.

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