all intents and purposes, as any Barrister now practises the same in this Province. CHAP. XLIII. AN ACT authorising the payment of Pensions to certain Militia during the late War with the United States of America, under certain restrictions. [Passed 6th March, 1838.] Preamble. WHEREAS John Ryan, of the Township of Toronto, in the Home District; Peter Lampman, of Niagara, in the Niagara District;. and Adam Stull, of Grantham, in the Niagara District, have petitioned the Legislature, praying to be restored to the Militia Pension List of this Province : And whereas, the said John Ryan, Peter Lampman, and Adam Stull, were wounded during the late war with the United States of America, and enjoyed a Pension up to the year one thousand eight hundred and twentyone, and it is expedient that they should be restored to the Militia Pension List of this Province: 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 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 further provision for the Government of the said Province," and by the authority of the same, That it shall and may be lawful for the Lieutenant Governor of this Province, authorised to restore the upon the said John Ryan, Peter Lampman, and Adam Stull, respectively, Peter Lampman, and producing the certificate of the Board authorised to be established by an list, under certaia restricAct passed in the first Session of the present Parliament, entitled, "An Act authorising the payment of Pensions to Militiamen disabled during the late war with the United States of America," under certain restrictions to cause the name of the said John Ryan, Peter Lampman, and Adam Stull, or either of them, to be restored to the Militia Pension List of this Province; and the said John Ryan, Peter Lampman, and Adam Stull, or either of them, on their or either of them being restored, shall from thenceforth be entitled to receive a Pension of Twenty Pounds per annum, in the same manner as other Militia Pensioners. Y Lieutenant Governor names of John Ryan, Adam Stull, to pension tions. CHAP. XLIV. AN ACT to provide Pensions for the Widows and Children of Militiamen killed during the late Rebellion, and for other purposes therein mentioned. MOST GRACIOUS SOVEREIGN: [Passed 6th March, 1838.] WHEREAS it is deemed expedient to provide means for the support of the Widows and Children of such Officers, Non-commissioned Officers and Privates of the Militia, and other Provincial Corps and Detachments raised in this Province, as have been or may hereafter be killed on service, or die of disease contracted on service: May it therefore please Your Majesty that it may be enacted, And be it 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 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 further provision for the Government of the said Province," and by the authority of the same, That if any Officer, Non-commissioned Officer, Private Militiaman or Teamster, of any such Corps or Detachment shall in any engagement, or by any accident or casualty which hath occurred or may hereafter occur while performing any duty on actual service be killed, or who hath died, or shall die of any disease contracted on service during the period of such service, or within twelve months thereafter, and leave a widow, child or children lawfully begotten, his widow shall be entitled to receive during her widowhood, and in case of the death of such widow, then the eldest child or guardian, for the use of such children of such Officer, Non-commissioned Officer, or Private Militiaman, until the youngest thereof shall attain the age of sixteen years, an annuity of Twenty Pounds, of lawful money of this Province. II. And be it further enacted by the authority aforesaid, That the said several annuities herein granted shall be paid by the Receiver General of this Province, out of any monies in his hands, subject to the disposition of the Parliament of this Province. III. Provided always, and be it further enacted by the authority aforesaid, That each person whose name may hereafter be inserted on the Pension List of this Province, under this Act, shall, as soon after the first day of January and the first day of July in each and every year, as may be convenient, transmit to the Receiver General an affidavit, as the case may require, in the following forms: "I, G. H. do solemnly swear, that I am, (or was) the widow of A. B. who was killed in action with the Enemy:" "I, G. H. do solemnly swear, that I am (or was) the widow of A. B. who died from disease contracted whilst on service:"Guardian or Executor or "I, A. B. (or as the case may be) Guardian, Executor or Administrator, Administrator of deceased do solemnly swear, that I verily believe that J. H. is the son or daughter of the said who was killed in action with the Enemy; or who died from wounds received in action; or who died from disease contracted whilst on service; and that J. H. is not sixteen years of age, (as the case may be):" "I, C. D. Senior Officer of the Regiment of (as the case may be) do hereby certify, that A. B. was killed in action on the day of ; or wounded, and died in consequence; or died of disease contracted on service; and that A. B. is the widow of C. D;" which affidavit and certificate, with the receipt of such Pensioner, Guardian, Agent, Executors or Administrators, shall be taken and allowed to be a sufficient voucher for the payment of such Pension as aforesaid. Certificate of Senior Militia, Officer of death of Militia man. provided by any other Act. IV. And be it further enacted by the authority aforesaid, That nothing Not to extend to provide in this Act contained shall extend, or be construed to extend to provide pension for person otherPensions for any person or persons otherwise provided for by any other Act, anything in this Act contained to the contrary nowithstanding. wounded or disabled V. And be it further enacted by the authority aforesaid, That every Provision for payment of person who shall have been, or shall hereafter be wounded, or in any way Militiamen. disabled, whilst in Her Majesty's service, may claim, and be entitled to receive a Pension of Twenty Pounds per annum, under the provisions of, and as if he had been named in a certain Act of the Legislature of this Province, passed during the first Session of the present Parliament, entitled, "An Act authorising the payment of Pensions to Militia-men disabled during the late War with the United States of America, under certain restrictions." CHAP. Preamble. CHAP. XLV. AN ACT granting a retired allowance to Colonel Coffin, Adjutant [Passed 6th March, 1838.] WHEREAS Nathaniel Coffin, Esquire, Adjutant General in this Province, has by his petition to the Legislature prayed, that owing to the infirmities of advanced age and impaired health, an annual allowance may be made to him during the remainder of his life, upon his retiring from the Service: And whereas it is just towards the said Nathaniel Coffin, on account of his long and faithful services, that an annual allowance should be made to him: And whereas it is expedient and necessary, and the public Service requires that an active and efficient person should hold the said Office: 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 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 further provision for the Government of the said Province," and by the authority of the same, That Pension of £300 granted. from and out of the rates and duties now raised, levied and collected, or hereafter to be raised, levied and collected, and in the hands of the Receiver General unappropriated, there be granted to Her Majesty, Her Heirs and Successors, the sum of Three Hundred Pounds annually, to provide for the payment of a retired allowance for Nathaniel Coffin, Esquire, Adjutant General of Militia as aforesaid, so soon as he shall retire from the said Service. CHAP. CHAP. XLVI. AN ACT granting a Pension to Sheppard McCormick. [Passed 6th March, 1838.] MOST GRACIOUS SOVEREIGN: Preamble. WHEREAS Sheppard McCormick, Esquire, a retired Lieutenant of the Royal Navy, received several severe wounds in action at the capture and destruction of the Piratical Steamer "Caroline," in an attempt to invade this Province by a lawless banditti, by which he is disabled, and it is just and right that he should receive a Pension during such period as he shall be so disabled by said wounds; We, Your Majesty's dutiful and loyal Subjects, the Commons of Upper Canada, in Provincial Parliament assembled, do therefore humbly beseech Your Majesty that it may be enacted, And be it 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 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 further provision for the Government of the said Province," and by the authority of the same, That out of the rates and Pension of £100 granted, duties already raised, levied and collected, or hereafter to be raised, levied and collected, to and for the uses of this Province, and in the hands of the Receiver General, unappropriated, there be granted annually to Her Majesty, so long as the disability of the said Sheppard McCormick from the said wounds shall continue equal to the loss of a limb, the sum of One Hundred Pounds, as a Pension to the said Sheppard McCormick, to commence and become payable from the twenty-ninth day of December last past. CHAP. |