with any person or persons resident in the Township, for making in a permanent and substantial manner, any part of any public road within their Township, in lieu of his or their Statute Labour, which he or they may be by law required to perform in the Township, for any number of years not exceeding five, which agreement shall be committed to writing and signed by the parties, and thereupon it shall be binding on the Town Wardens and their successors, and the other person or persons being a party to such agreement, and upon the due performance and completion of such agreement, the person or persons performing the same shall be exempt from all Statute Labour in the Township for the full term of time agreed upon as aforesaid.

ment liable to penalty.

XLIII. Provided always, and be it further enacted by the authority Persons failing in agreeaforesaid, That in case any person or persons, after having subscribed to any agreement as aforesaid, shall neglect or refuse to perform the same in the manner and within the time specified in such agreement, he or they shall be liable to the like penalty that persons are by this Act who refuse or neglect to perform their Statute Labour.

to three Overseers of

ballot;

Contending parties to

XLIV. And be it further enacted by the authority aforesaid, That if it Disputes to be submitted shall happen that any person or persons shall enter into an agreement with highways, chosen by the Town Wardens as aforesaid, and in pursuance of such agreement make a part or the whole of the road required by such agreement, but upon which there will arise a dispute between the Town Wardens making the agreement or their successors and the other party thereto, touching the fulfilment of such agreement, such dispute shall and may be submitted to three Overseers of Highways acting in the Township for the year; and such three Overseers of Highways shall be drawn by a public and impartial ballot from the whole list of Overseers of Highways, acting in the Township for the year; which ballot shall be made by the Township Clerk, who shall give the two contending parties due notice of the time and place where such ballot shall take place; and it shall be the duty of such Clerk to appoint a time and place for the meeting of such Overseers of Highways so balloted, giving them, and also the parties to such dispute, at least eight days' notice; and thereupon it shall be the duty of such Overseers of Highways to meet, and after having the said agreement submitted to them, and examining the premises, to make such award as to them shall appear just and right, which award shall be binding on the parties and be final.

XLV. And be it further enacted by the authority aforesaid, That it shall be the duty of the Clerk of the Peace in every District, to make out general return of the population of his District from the several returns

a

Awards binding.

Clerks of the Peace to population, and transmit

make out returns of

to Lieut. Governor.

Persons refusing to pay rates, liable to distress and sale of goods and

chattels.

Fees to Constable.

rate body.

which he may receive from the Assessors for the year, and to transmit the same to the office of the Governor, Lieutenant Governor, or Person Administering the Government of this Province for the time being, on or before the first day of July in each and every year; and if such return shall not contain the whole population of his District, he shall send in a return of such Townships as may be deficient, as soon as practicable after he shall be enabled to do so by returns of the Assessors of such Townships.

XLVI. And be it further enacted by the authority aforesaid, That if any person whose name is inserted upon such Assessment roll, shall neglect or refuse to pay the sum or rate for which he or she stands rated in manner aforesaid, for the space of fourteen days after demand duly made of the same by the said Collector or his agent duly appointed, the said Collector, upon oath before one Magistrate, of such demand and refusal of payment as aforesaid, shall be entitled to demand an execution for the amount of such rate or rates, which execution the said Magistrate is hereby authorised and required to grant; and upon receipt of the same, the said Collector shall, and he is hereby authorised and required to levy the same by distress and sale of the goods and chattels of the person so neglecting or refusing to pay, having eight days' previous notice of such sale, in three public places in the Township, and render the overplus (if any there be) to the owner thereof, after deducting the amount of the rates assessed, and the legal charges of the distress and sale.

XLVII. And be it further enacted by the authority aforesaid, That the Constable to whom any warrant, execution or summons, may be directed, authorised to be issued by this Act, shall be entitled to the following fees, and no more, for executing such warrant, execution or summons, namely: Four-pence per mile for every mile he may have to travel to execute the same, which travel shall be verified upon oath, if required; and for levying, advertising, selling and making returns, two shillings and sixpence; for every summons served, eight-pence.

XLVIII. And be it further enacted by the authority aforesaid, That the Town Wardens a corpo- Town Wardens appointed by this Act for their respective Townships, and their successors duly appointed, shall be as a Corporation to represent the whole inhabitants of the Township for which they are Town Wardens, and as such may have and hold the property of or belonging to the Township, and shall and may sue, prosecute or defend, in all presentments, indictments or actions, for and on behaif of the said Townships.

XLIX. And be it further enacted by the authority aforesaid, That if any False swearing, perjury. one to whom an oath or affirmation may be administered, under the provision of this Act, shall wilfully swear or affirm falsely, such false swearing or affirmation shall be deemed wilful and corrupt perjury, and the person guilty thereof shall and may be prosecuted and punished therefor as for wilful and corrupt perjury.

beacons, &c.

L. Provided always, and be it further enacted by the authority afore- Overseers of Highways to said, That in case it shall be necessary to repair any sudden breach which repair breaches, set up may be caused in 'any public highway, by reason of any bridge or causeway giving way, or from any other casualty, or to remove any obstruction on account of snow, or to fix or set up beacons or stakes as a guide for travellers over any frozen waters, marsh, plain or other place, it shall and may be lawful for the Overseer or Overseers of Highways, in whose division the same may occur, and they are hereby required, to repair, remove or establish, as aforesaid, or cause the same to be done, by applying any money in their hands, and applicable to the roads and unappropriated, or to direct the application (for that purpose) of any Statute Labour subject to their control; and in case it shall happen that such Overseer or Overseers shall not at the time have any money or Statute Labour under his direction, which he may apply for the purposes aforesaid, it shall and may be lawful for such Overseer to direct any person in his division, and liable to perform Statute Labour, to repair such breach, remove such obstruction, or erect such guides as aforesaid; and such Overseer shall keep an Overseers may direct account of the number of days any person or persons may work on the necessary, and account roads for the purposes aforesaid, which account such Overseer shall trans- labour. mit to the Clerk of the Township, to be laid before the Town Wardens of the Township; and the said Town Wardens, after examining the said account, if it shall appear just and expedient, may exempt any person who may have worked as aforesaid, from performing any part of his or her Statute Labour for the next year, and shall give such person as aforesaid a writing to that effect, which shall be taken and considered by the Overseer under whose direction such person may be liable to work, and credited to such person for so much of his Statute Labour; and any person who shall neglect or refuse to perform such labour, or obey the orders of to penalty; the Overseer, when required to work as aforesaid, shall be liable to the same penalties, and which may be recovered and disposed of in the same way and manner, as is provided by this Act for neglecting to perform Statute Labour, or disobeying the Overseers of Highways, except such person can make it appear that he had a reasonable excuse for so doing: And provided also, that the said Overseer shall, and he is hereby required, to proportion such labour among the several persons within his divi

L

persons to do labour for the sume as Statute

Persons neglecting, liable

Labour to be apportioned.

Fees to be taken for distress and sale.

Preamble.

7th & 8th Wm. iv. c. 2, § 6 & 7, repealed;

Issues of suspended Banks

Hot to exceed double

amount of paid capital.

sion, liable to perform Statute Labour, as nearly equal as circumstances will permit.

LI. And be it further enacted by the authority aforesaid, That the following fee, and no more, shall and may by such Collectors be taken for every distress, advertising and sale, namely-Three shillings and nine

pence.

CHAP. XXII.

AN ACT to repeal and amend part of an Act passed in the last Session, entitled, "An Act to authorise the Chartered Banks in this Province to suspend the redemption of their Notes in Specie, under certain regulations, for a limited time, and for other purposes therein-mentioned.

[Passed 6th March, 1838.]

WHEREAS the difficulty in procuring Specie, and the exigencies of the Public Service require that the several Chartered Banks in this Province should not be restricted in the issue of their Notes to the amount of their paid-up Capital, in case of a Suspension of Cash Payments: 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 sixth and seventh clauses of an Act passed in the seventh and eighth years of the reign of His late Majesty William the Fourth, entitled, "An Act to authorise the Chartered Banks in this Province to suspend the redemption of their Notes in Specie, under certain regulations, for a limited time, and for other purposes thereinmentioned," be and the same are hereby repealed: Provided always, nevertheless, that nothing in this Act shall be construed to authorise and empower any Chartered Bank in this Province, suspending under authority of the above-recited Act, to have in circulation a greater amount of Paper than twice the amount of their paid-up Capital.

CHAP.

CHAP. XXIII.

AN ACT to repeal part of an Act passed in the seventh year of His late Majesty's reign, entitled, “An Act to protect the Public against injury from Private Banks, and for other purposes therein mentioned." [Passed 6th March, 1838.]

bills, &c. assigned by where they are benefici

WHEREAS George Truscott, and John Cleveland Green, have, and each of them has, issued a large number of Notes, purporting to be of Preamble. the Agricultural Bank, and payable either in this Province or at Montreal, in Lower Canada: And whereas many of the said Notes remain unredeemed, and serious loss is likely to accrue to the public in consequence thereof, the said George Truscott, and John Cleveland Green, having left 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 Agricultural notes to be Government of the said Province," and by the authority of the same, That received in payment of in case any suit has been brought, or hereafter shall be brought, for a Messrs. Truscott & Green, debt contracted with or due to the said George Truscott and John Cleve-ally interested in the land Green, or either of them, in which suit the said George Truscott and John Cleveland Green, or either of them, are or may be Plaintiffs, or in which any other person or persons are or may be Plaintiffs, in any action brought upon any Note, Bill of Exchange, assigned or transferred to him or them by the said George Truscott and John Cleveland Green, or either of them, in trust for any purpose whatsoever, except upon a trust in which it shall be satisfactorily shewn to the Court that the said George Truscott and John Cleveland Green, or either of them, are in no degree interested, it shall and may be lawful for the Defendant in such suit to pay the amount claimed, together with the costs, into Court, in the Notes so issued by the said George Truscott and John Cleveland Green, or either of them, called the Agricultural Bank, whereupon the Court in which such suit is brought, or Judge thereof, shall direct all further proceedings to be stayed; or in case of Judgment having been given in favour of the said George Truscott and John Cleveland Green, or either of them, in any such suit, it shall and may be lawful for any