shall be made to the said Court, and unless the said Court shall think fit to vacate, discharge, set aside, or reverse the order made by any such Judge or Justice as aforesaid, the same shall continue in full force to all intents and purposes whatsoever. and heretofore IV. And be it further enacted by the authority aforesaid, That all and Persons committed upon every person or persons discharged out of custody as aforesaid, although discharged, to be deemed he shall not have been discharged according to Law, shall be deemed and legally discharged. taken to have been legally discharged out of custody. CHAP. XIII. AN ACT to authorise the appointment of Commissioners to investigate the claims of certain Inhabitants of this Province, for losses sustained during the late unnatural Rebellion. [Passed 6th March, 1838.] Preamble. WHEREAS during the late unnatural Rebellion, certain Inhabitants of this Province sustained much loss and damage, by the destruction of their Dwellings and other Buildings by the Rebels: And whereas it is expedient that a diligent and impartial inquiry should be made into the amount of such losses: 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, The Commissioners from time to time, by Commission under the Great Seal of said Province, to appoint three persons as Commissioners, whose duty it shall be to inquire into the losses so sustained by Her Majesty's Subjects, during the late unnatural Rebellion. Commissioners, before to take an oath, &c. II. And be it further enacted by the authority aforesaid, That the said Commissioners, before they enter upon the execution of their Office, shall entering on their office, take an oath before any one of Her Majesty's Justices of the Peace, which he is hereby authorised to administer, to the following effect: "I, A. B. do swear, that according to the best of my skill and knowledge I will Authority given Commis sons on oath, &c. faithfully, impartially and truly, execute the duty of Commissioner for ascertaining the losses sustained by certain Inhabitants of this Province during the late unnatural Rebellion. So help me, God.” III. And be it further enacted by the authority aforesaid, That it shall sioners to examine per- and may be lawful to and for the said Commissioners, and they are hereby authorised and empowered and required, to examine upon oath all persons whom the said Commissioners shall think fit to examine, and touching all such matters and things as shall be necessary for the execution of the powers vested in the said Commissioners by this Act; and all such persons are hereby directed and required personally to attend the said Commissioners, at such time and place as they shall appoint. IV. And be it further enacted by the authority aforesaid, That the said Commissioners are hereby authorised to meet and sit from time to time at such place or places as the Lieutenant Governor or Person Administering the Government of the Province may direct, with or without adjournment, and to send their Precept or Precepts, under their hands and seals, for any person or persons whatsoever, and for such books, papers, writings or records, as they judge necessary for their information, or the execution of the powers vested in the said Commissioners by this Act; and the said Commissioners are hereby authorised to appoint and employ a Clerk and Messenger. V. And be it further enacted by the authority aforesaid, That in case any person or persons, upon examination upon oath before the said Commissioners respectively, as before mentioned, shall wilfully and corruptly give false evidence, every such person so offending, and being duly convicted thereof, shall be and is and are hereby declared to be subject and liable to such pains and penalties, as by any law now in being persons convicted of wilful and corrupt perjury are subject and liable. VI. And be it further enacted by the authority aforesaid, That the said Commissioners shall from time to time, at their discretion, or as often as they shall be thereunto required, and as soon as possible after the determination of their examination and proceedings by virtue of this Act, and without any further requisition, furnish an account of their proceedings in writing to the Lieutenant Governor, and that a copy of such proceedings may be laid before the Legislature of this Province at the then next ensuing Session of Parliament. VII. And be it further enacted by the authority aforesaid, That the Clerk to the said Commissioners is hereby required faithfully to execute missioners to receive no and perform the trust in him reposed, without taking any thing for such Clerk employed by Comhis service, other than such salary or reward as the said Commissioners other pay than the salary shall think fit to direct and appoint in that behalf. CHAP. XIV. AN ACT to amend an Act, entitled, "An Act to establish a Court of [Passed 6th March, 1838.] ordered by Commis sioners. Preamble. WHEREAS by an Act passed in the seventh year of the reign of His late Majesty, entitled, "An Act to establish a Court of Chancery in this Province," it is provided, that certain fees may be charged for services rendered in the said Court: And whereas it has been ascertained that the fees, according to the table in the said Act mentioned, have in some cases been found to be excessive: And whereas the said table of fees is in many instances defective: 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 Vice Chancellor and from and after the first day of Trinity Term next, it shall and may be Judges of Court of King's lawful to and for the Vice-Chancellor, and the Judges of Her Majesty's be taken. Court of King's Bench, and they are hereby required, by order or rule, or orders or rules, to be made during the said Term of Trinity, or during any subsequent Term or Terms, from time to time, to ascertain, determine, declare and adjudge, all and singular, the fees which shall and may be taken, or be allowed to be taken, by any Registrar of the said Court of Chancery, Counsel, Solicitor or other Officer of the said Court, for or in respect of any business, after the first day of July next, to be done or transacted in the said Court of Chancery, in all matters and things, causes and proceedings, which hereafter shall or may be depending in the said Court, any former Law to the contrary notwithstanding. F Bench to settle Fees to Fecs in Bo instance tó Schedule to former Act. II. And be it further enacted by the authority aforesaid, That in no exceed fees mentioned in case shall the item of fees exceed any of the items of fees mentioned in the Schedule annexed to the Act entitled, "An Act to establish a Court of Chancery in this Province." Vice Chancellor may authorise Judges of District Courts to III. And be it further enacted by the authority aforesaid, That when it may not be convenient to a person appointed a Master Extraordinary, to attend at Toronto, to take the Oath of Office, it shall and may be lawto Masters Extraordinary. ful for the Vice-Chancellor to direct such oath to be taken before the District Judge of the District wherein such Master Extraordinary may reside, the same to be returned and filed in the Office of the Registrar. administer oath of office Preamble, 7th clause of Act repealed. CHAP. XV. AN ACT to amend so much of an Act passed in the seventh year of His late Majesty's reign, entitled, "An Act to encrease the present number of the Judges of His Majesty's Court of King's Bench in this Province, to alter the Terms for the sitting of the said Court, and for other purposes therein-mentioned," as relates to Hilary Term. [Passed 6th March, 1838.] WHEREAS it is expedient to repeal so much of an Act passed in the seventh year of His late Majesty's reign, entitled, "An Act to encrease the present number of the Judges of His Majesty's Court of King's Bench in this Province, to alter the Terms for the sitting of the said Court, and for other purposes therein-mentioned," as relates to sitting of Hilary Term: 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 the seventh clause of the said recited Act, passed in the seventh year of His late Majesty's reign, be and the same is hereby repealed. II. And be it further enacted by the authority aforesaid, That from and after the passing of this Act, the times of sitting of the said Court of several Terms shall and end. King's Bench shall be as follows, that is to say: Trinity Term shall Times at which the begin on the second Monday in June, and end on the Saturday of the hereafter commence following week: Michaelmas Term shall begin on the first Monday in August, and end on the Saturday of the following week: Hilary Term shall begin on the first Monday in November, and end on Saturday of the ensuing week and Easter Term shall begin on the first Monday in February, and end on Saturday of the following week. CHAP. XVI. AN ACT to regulate the Costs of levying Distresses for small Rents and Penalties. [Passed 6th March, 1838.] WHEREAS divers persons acting as Brokers, Constables or Bailiffs, and Distraining on the Goods and Chattels of others, or employed in the Premie. course of such Distresses, are not limited by law in the amount of their fees: And whereas it is proper to prevent unreasonable Fees being levied on poor Tenants and others; 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 from and after the passing of this Act, no person whatsoever making Fees hereafter to be any Distress, either for Rent or for any Penalty imposed by the laws of charged, and services for this Province, when the sum demanded and due shall not exceed the charged. sum of Twenty Pounds, for and in respect of such Rent or Penalty, nor any person whatsoever employed in any manner in making such Distress, or doing any act whatsoever in the course of such Distress, or for carrying the same into effect, shall have, take or receive, out of the produce of the Goods or Chattels distrained upon and sold, or from the Tenant or other person distrained, or from the Landlord, or from any other person whatsoever, any other or more costs and charges, for and in respect of such Distress, or any matter or thing done therein, than such as are fixed and set forth in the Schedule hereunto annexed and appropriated to each act, which shall have been done in the course of such which the same may be |