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STATUTES

PASSED IN THE SECOND SESSION

OF THE

SECOND PROVINCIAL PARLIAMENT

op

UPPER CANADA,

MET AT YORK, 1ST JUNE, 1797.

THE HONOURABLE PETER RUSSEL, ESQ. PRESIDENT.

CHAPTER 1. An Act for the better securing the Province against the King's Enemies.

Whereas, the laws now in force against alien enemies Preamblo. may not prove sufficient to secure the tranquillity of the province; Be it therefore enacted, by the King'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, entituled, “ An Act to rëpéal certain parts of an Act passed in the fourteenth year of His Majesty's 'reign, entituled, "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

Description

subject to the

this Act.

Duty of jus.

ing such.

ption authority of the same, That from and after the passing of of persons this Act, no person, of whatever name, character, or provisions of description, being an inhabitant, subject, or citizen of, or

owing, or professing to owe allegiance to any country, kingdom, state, or commonwealth, now at war against our sovereign Lord the King, or who shall have been an inhabitant, subject, or citizen of, or owing allegiance to any such country, kingdom, state, or commonwealth, within the space of seven years preceding the passing of this Act, except as herein after excepted, shall be permitted to enter, remain, reside, or dwell in any part of this province, under the pains and penalties herein after expressed.

II. And be it further enacted, That if any person from tices respect

and after the passing of this Act, of whatever character or description, being an inhabitant, subject, or citizen of, or owing, or professing to owe allegiance to any country, kingdom, state, or commonwealth, now at war against our sovereign Lord the King, or who shall have been an inhabitant, subject, or citizen of, or owing allegiance to any such country, kingdom, state, or commonwealth, within the space of seven years preceding the passing of this Act (except as hereafter excepted), shall enter, remain, reside, dwell, or be found in any part of this province, it shall and may be lawful for any of His Majesty's justices of the peace to issue his warrant for the apprehension of such person; and upon a due examination of, and finding him to fall within the description, intent, and meaning of this Act, to order him to leave the province within fourand-twenty hours; and in case he shall be found within the

limits of this province after that time, it shall and may be · lawful to and for any person, with or without warrant, to

seize and carry him before any of His Majesty's justices of the peace, who shall commit him to the common gaol of the district, county, or place, where he shall be so found after the expiration of the time aforesaid, for the space of

to persons having li. cence of re

No person to entertain such eneiny.

one month, at the end of which time he shall be again
required and ordered by any of His Majesty's justices of
the peace, to leave this province within the space of
twenty-four hours; and in case he shall again be found
within the limits thereof, at the expiration of that time,
he shall, upon conviction thereof, before any commissioner
of Oyer and Terminer, be deemed and adjudged a
felon, and shall suffer death without benefit of clergy.
III. Provided always, That this Act shall not extend,

Exception or be construed to extend, to any person having leave, having li. licence, or authority from the Governor, Lieutenant-. sidence. Governor, or person administering the government of this province, under his hand and seal, to enter, remain, reside, or dwell, in any part of the said province.

IV. And be it further enacted, That if any person to now living and residing, or hereafter living and residing, during the continuance of this Act, within the province, shall knowingly receive, entertain, protect, countenance, support, or encourage, any person of whatever name, description, or character, being an inhabitant, subject, or citizen of, or owing allegiance to, or professing to owe allegiance to any country, kingdom, state, or commonwealth, or who shall have been an inhabitant, subject, or citizen of, or owing allegiance to any country, kingdom, state, or commonwealth, within the space of seven years, preceding the passing of this Act, now at war against our sovereign Lord the King, to enter, remain, reside, or dwell in any part of this province, except as before excepted, and shall be duly convicted thereof, in any of His Majesty's courts of record in this province, by in- Penalty dictment or information, he shall be deemed guilty of an high misdemeanour, and subject to the pains and penalties in all cases of misdemeanour imposed and inflicted.

V. And be it further enacted, That it 'shall and may authority be lawful to and for any of His Majesty's subjects, having the case of reasonable cause to suspect a person of being an inhabi- persons.

thereon.

Subject's

suspected

tant, subject, or citizen of, or owing or professing to ove allegiance to any country, kingdom, state, or common, wealth, or who shall have been an inhabitant, subject, or citizen of, or owing allegiance to any country, kingdom, state, or commonwealth, within the space of seven years preceding the passing of this Act, now at war against our sovereign Lord the King, peaceably to demand, and he is hereby required to demand of such person, his certificate of permission, leave, licence, or authority to enter into, remain, reside, or dwell in the place where such person shall then and there be, being in the said province; and if, upon such demand, the person so suspected shall not produce and shew to the subject demanding the leave, licence, or authority that he may have, under the hand and seal of the Governor, Lieutenantgovernor, or person administering the government, or certificate of permission as aforesaid, he shall forthwith cause his suspicion to be made known upon oath to the nearest magistrate, who shall issue his warrant for the apprehension of the person suspected, to be dealt with as

herein before provided. This Act to VI. And be it further enacted, That this Act shall be be publicly

openly read in court, by the clerk of the peace or bis deputy, on the first day of every session to be held in each

and every district of this province, during the continuance Limitation thereof. And that the said Act, and the provisions

therein contained, shall remain, continue, and be in force for and during the space of two years, and no longer.

read.

of this Act.

CHAPTER II. An Act to enable the Inhabitants of the Township of York to ussemble for the purpose of choosing and nominating Parish and Town Officers.

CHAPTER III. An Act for securing the Titles to Lands. Whereas, many persons are possessed of lands in this Preamble. province, under Land Board certificates and otherwise, by authority of His Majesty's Government, and now hold, or claim to hold the same, either as the original nominees, or as the heirs, devisees, or assignees of the original nominees thereof, of which lands no grants have as yet issued under the great seal of this province, whereby the legal estate and interest thereof is still vested in His Majesty: for the securing of all such persons, in the ownership and possession of such lands, Be it enacted, by the King'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 appointed by virtue of, and under the authority of an act passed in the parliament of Great Britain, entituled “ An Act to repeal certain parts of an Act passed in the fourteenth year of His Majesty's reign, entituled. 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 to and for the Governor, Lieutenant-Governor, or person administering the government of this province, at any time during the point comspace of three years from the passing of this act, to issue such and so many commissions, under the great seal of this province, for the Eastern, Midland, and Western Districts, and also for the county of Lincoln, in the Home District, as he shall think proper, to three or more persons, whereof His Majesty's chief justice of this province, or one of the justices of the court of King's Bench, shall be one; which commissioners shall have power and authority, Their au.

thority. in their respective districts, to hear and determine all applications that shall or may be made to them, by persons

Governor, &c. to ap

missioners,

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