Surveyors in U. C. to keep regular journals and field notes and fur nish copies to parties interested. Surveyors in U. C. may ad minister oaths for certain pur poses. Evidence tak en by Survey be reduced to writing and signed, &c. 49. Every Land Surveyor in Upper Canada shall keep exact and regular journals and field-notes of all his surveys, and file them in the order of time in which the surveys have been performed, and shall give copies thereof to the parties concerned when so required, for which he is hereby allowed the sum of one dollar for each copy, if the number of words therein do not exceed four hundred words, but if the number of words exceed four hundred, he is allowed ten cents additional for every hundred words, over and above four hundred words. 12 V. c. 35, s. 45. 50. For better ascertaining the original limits of any lot, concession, range, Township or tract of land in Upper Canada, every Land Surveyor acting in that portion of this Province, shall and may administer an oath or oaths to each and every person whom he examines concerning any boundary, post or monument, or any original land mark, line, limit or angle of any Township, concession, range, lot or tract of land which such Surveyor may be employed to survey. 12 V. c. 35, s. 46. 51. All evidence taken by any Surveyor as aforesaid, in ors in U. C. to Upper Canada, shall be reduced to writing, and shall be read over to the person giving the same and be signed by such person, or if he cannot write, he shall acknowledge the same as correct before two witnesses, who shall sign the same as also the Surveyor; and such evidence shall, and any document or plan prepared and sworn to as correct before a Justice of the Peace, by any Surveyor, with reference to any survey by him performed may be filed and kept in the Registry Office of the County in which the lands to which the same relates are situate, subject to be produced thereafter in evidence in any Court of Law or Equity within Upper Canada: and-12 V. c. 35, s. 47. Allowance therefor. Who to pay. Wilful false this Act to be perjury. 1. For receiving and filing the same, the Registrar shall be entitled to twenty-five cents; and 2. The expense of filing the same shall be borne by the parties in the same manner as other expenses of the survey. 12 V. c. 35, s. 47. swearing under swears or affirms falsely concerning any matter with regard to 52. If any person, in any part of this Province, wilfully which an oath may be required under this Act, such person shall be deemed guilty of wilful and corrupt perjury, and being thereof convicted before any competent Court shall be liable to be punished accordingly. 12 V. c. 35, s. 48. As to cases in from un 53. In case an action of ejectment be brought in Upper Upper Canada Canada against any person, who, after any line or limit has skilful survey, a been established according to this Act, may be found, in con improved lands, sequence of unskilful survey, to have improved party may have afterwards on lands not his own, the Judge of Assize before whom such action is tried, bour. tried, shall direct the Jury to assess damages for the defendant found to being for any loss he may sustain in consequence of any improve- to his neighment made before the commencement of such action, and also to assess the value of the land to be recovered; and if a verdict be found for the claimant, no Writ of Possession shall issue until such claimant has tendered or paid the amount of such damages, or has offered to release the said land to the defendant provided the said defendant before the fourth day of the ensuing term, pays or tenders to the claimant the value of the land so assessed. 12 V. c. 35, s. 49. consequence such cases from fendant offers to give up the value provements, stating the amount. shall assess the 54. In all cases in which the Jury before whom any action Claimant not to of ejectment may be tried in Upper Canada, assess damages have costs in for the defendant as provided in the next preceding section, the time defor improvements made upon land not his own in of unskilful survey, and when it satisfactorily appears that the fands on redefendant does not contest the claimant's action for any other ceiving the purpose than to obtain the value of the improvements made of his imupon the land previous to the alteration and establishment of the lines according to law, the Judge before whom such action is tried, shall certify such fact upon the record, and thereupon the defendant shall be entitled to the costs of the defence, in the same manner as if the claimant had been non-suited on the trial, or a verdict had been rendered for the defendant; pro- Unless the jury vided the defendant, at the time of appearing, gave notice in improvements, writing to the claimant in such ejectment, or to his Attorney at less than the named on the Writ, of the amount claimed for such improvements, and that on payment of such amount the defendant or person in possession would surrender the possession to such claimant, and that the said defendant did not intend at the trial to contest the title of the claimant ; and if on the trial it be found that such notice was not given as aforesaid, or if the jury assess for the defendant a less amount than that claimed in the notice, or find that the defendant had refused to surrender possession of the land after tender made of the amount claimed, then in any such case the Judge shall not certify, and the defendant shall not be entitled to the costs of the defence, but shall pay costs to the claimant ; and upon the trial When no proof of any cause after such notice no evidence shall be required to be produced in proof of the title of the claimant. 35, s. 50. 12 V. c. sum demanded. of claimant's title required. TITLE 12. CRIMINAL LAW. See also same Title in the Consolidated Statutes of Canada. Preamble. The criminal Law of England as it stood on the 17th day of September, 1792, continued. Preamble. CAP. XCIV. An Act respecting the Criminal Law of Upper Canada. WHEREAS the Criminal Law of England was, by an Act of the Parliament of Great Britain, passed in the fourteenth year of the reign of King George the Third, intituled, An Act for making more effectual provision for the Govern ment of the Province of Quebec, in North America, intro duced and established as the Criminal Law of the Province of Quebec, which Province was afterwards divided into the Provinces of Upper and Lower Canada; And whereas the said Criminal Law, as it stood on the day hereinafter named, was afterwards established as the Criminal Law of Upper Canada; And whereas divers amendments and improvements were afterwards made in the same by the Mother Country, some of which it has been deemed expedient to introduce and adopt in Upper Canada: Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: 40 G. 3, c. 1. 1. The Criminal Law of England, as it stood on the seventeenth day of September, in the year of our Lord, one thousand seven hundred and ninety-two, and as the same has since been repealed, altered, varied, modified or affected by any Act of the Imperial Parliament having force of law in Upper Ca nada, or by any Act of the Parliament of the late Province of Upper Canada, or of the Province of Canada, still having force of law, or by the Consolidated Statutes relating to Upper Canada exclusively, or to the Province of Canada, shall be the Criminal Law of Upper Canada. CAP. XCV. An Act respecting the apprehension of Criminals, escaping from any of Her Majesty's Provinces and Governments in North America, into Upper Canada. FOR into NOR the apprehension of felons and other malefactors who, having committed crimes in some of Her Majesty's Provinces and Governments in North America, escape Upper Canada: Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: 37 G. 3, c. 15, s. 1,-16 V. c. 179, s. 7. therefrom, may 1. If any person against whom a warrant has been issued by Warrants isthe Chief Justice of the Queen's Bench, or by any other Magis- sing within Her Majesty's trate having competent authority in any of Her Majesty's Pro- other Governvinces or Governments in North America respectively, for ments in North any America felony or other crime of a high nature, escapes into or is found against crimiin any part of Upper Canada, any Justice of the Peace of the nals escaping County, City or place where such person resides or is supposed be executed to be, may, upon due proof being made of the hand-writing of the within Upper Magistrate who issued the warrant, endorse his the said Jus- duly endorsed. tice's name thereon, and such warrant so endorsed shall be a sufficient authority to all persons to whom such warrant was originally directed, and also to all Constables of the County, City or place where such warrant has been so endorsed, to execute the same, by apprehending the person against whom such warrant has been granted, and to convey him into the Province from which such warrant was originally issued, to be dealt with according to law. 37 G. 3, c. 15, s. 1. Canada being pense and to 2. Before any such warrant is so endorsed, the person apply- Security being ing for its endorsement shall enter into a recognizance with previously giv en to indemnify sufficient sureties, in a sum not less than two hundred dollars, to the Province indemnify this Province, and every part thereof, against any against any exexpense that may arise or accrue from the apprehension of such bring the ofoffender, and also to bring the said offender or cause him to fender to trial. be brought to trial; and the Magistrate to whom such application is made, is hereby authorized to take such recognizance. 37 G. 3, c. 15, s. 2. CAP. XCVI. An Act respecting the apprehension of fugitive offenders from Foreign Countries, and delivering them up to Justice. FOR OR the apprehending and delivering up felons and other Preamble. malefactors, who, having committed crimes in foreign countries, seek an asylum in Upper Canada: Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: authorized to fled from other charged with 1. In case murder, forgery, larceny or other crime punishable Government by the laws of Upper Canada with death or confinement at hard labor, be charged to have been committed within the justice persons jurisdiction of a Foreign Country, by person who has fled who may have to or sought refuge in Upper Canada,-and in case a requisi- Countries into tion for the surrender of such person be made by the Govern- this Province, ment of such Country or by its Ministers or Officers autho- heinous ofrized to make the same, then upon such evidence of criminality fences. as would warrant his apprehension and commitment for trial had the offence been committed in Upper Canada, the Governor may, in his discretion, by and with the advice of the Executive GGG гроз 41,1800 Repealed by Persons charg committed in tries may be can be made Executive Council, deliver such person up to justice and direct his transmission to the custody of such Foreign Government. 3 W. 4, c. 6, s. 1. 2. For preventing the escape of any person so charged before ed with offences an order for his transmission can be obtained from the foreign coun- Governor, any Judge or Justice of the Peace in Upper Canada, committed until acting within his jurisdiction, upon such evidence on oath as an application satisfies him that the person accused stands charged with some to the Govern- crime of the description hereinbefore specified, or that there ment for deli- is good ground to suspect him to have been guilty thereof, may vering up such issue his warrant for the apprehension and commitment of such person in order that he may be detained in secure custody until application can be made to the Governor for his surrender and until an order can be made thereon. 3 W. 4, c. 6, s. 2. offender. Such surrender and to be with 3. But it shall not be incumbent upon the Governor in Council discretionary to deliver up any person so charged if for any reason he deems in a reasonable it inexpedient, and if any person committed under this Act be detained in custody beyond the time reasonably required for carrying the provisions hereof into effect, such person may be discharged upon habeas corpus. 3 W. 4, c. 6, s. 3. time. High Treason. If an officer or soldier corres enemy, he is guilty of High Treason. CAP. XCVII. An Act relating to High Treason, to Tumults and H ER Majesty, by and with the advice and consent of the follows: 1. If any person compasses or imagines the death of our Lady the Queen, or levies war against Her Majesty, in Upper Canada, or be adherent to the Queen's enemies in Upper Canada, giving to them aid and comfort, therein or elsewhere, and be thereof provably attainted of open deed by people of his condition, such person so attainted shall be deemed guilty of treason, and shall suffer death. 3 W. 4, c. 3, s. 1. 2. If any Officer or Soldier in Her Majesty's army holds corresponds with the pondence with any rebel, or enemy of Her Majesty, or gives them advice or intelligence, either by letters, messages, signs or tokens, or in any manner of way whatsoever, or treats with such rebels or enemies, or enters into any condition with them without Her Majesty's license, or the license of the General, Lieutenant-General or Chief Commander, every such person so offending is guilty of high treason, and shall suffer death. 3 W. 4, c. 3, s. 14. Sentence to be 3. In all cases of high treason, the sentence or judgment to pronounced in be pronounced against any person convicted and adjudged |