be charged with the subordinate superintendence of such Indians and persons intermarried with indians as aforesaid, or by any such Commissioner or Commissioners, to perform labour on the public roads laid out or used in or through such Indian lands, such labour to be performed under the sole control of the said Superintendents or Commissioners, or of any or either of them, who shall have power to direct when, where, how and in what manner the said labour shall be applied, and to what extent the same shall be imposed upon Indians or persons inter-married with Indians, who shall be resident upon any of the said lands, and that the said Superintendents and Commissioners, and every of them, shall have the like power to enforce the performance of all such labor by imprisonment or otherwise as may now be done by any power or authority under any law, rule or regulation in force in this Province for the non-performance of Proviso: as to amount Statute labour: Provided always, nevertheless, that the labour to be so required of any

of labour.

No spirituous liquors to be furnished to Indians.

Penalty,

How recovered and appropriated.

Proviso.

Pawns not to be taken for liquor.

Recital.

such Indian or person inter-married with an Indian, shall not exceed in amount or extent what shall or may be required of other inhabitants of Upper Canada, under the general laws requiring and regulating such labour and the performance thereof.

VI. And be it enacted, That it shall not be lawful for any person to sell, barter, exchange or give to any Indian, man, woman or child, within this Province, any kind of spirituous liquors in any manner or way, or to cause or procure the same to be done for any purpose whatsoever; and that if any person shall so sell, barter exchange or give any such spirituous liquors to any Indian, man, woman or child as aforesaid, or shall cause the same to be done, he shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined at the discretion of the Court, not exceeding five pounds for every such offence, and shall forfeit also the sum of one pound five shillings for every such offence, to be recovered as in an action of debt with costs in any Court of competent jurisdiction, by any one who will sue for the same, one moiety of every such last mentioned pecuniary penalty or forfeiture to go to the informer or prosecutor, and the other moiety thereof to be paid to Her Majesty, Her Heirs or Successors, or to some officer acting under Her authority, to be disposed of for the use and benefit of the Indians, as the Governor of this Province for the time being may be pleased to direct: Provided always, nevertheless, that no such penalty shall be incurred by the furnishing to any Indian, in case of sickness, any spirituous liquor, either by a medical man or under the direction of any such medical man.

VII. And be it enacted, That no pawn taken of any Indian for any spirituous liquor, shall be retained by the person to whom such pawn shall be delivered, but the thing so pawned may be sued for and recovered, with costs of suit, by the Indian who may have deposited the same, before any Court of competent jurisdiction.

VIII. And whereas certain tribes of Indians in Upper Canada receive annuities and presents, which annuities, or portions thereof, are expended for and applied to the common use and benefit of the said Tribes, more especially for the encouragement of agriculture and other civilizing pursuits among them, although the articles so required or purchased out of such annuities, may be and often necessarily are, in the possession or control of some particular Indian or Indians of such Tribes, and it is important with a view to the progress and welfare of such Tribes, that the property thus acquired or purchased should be protected from seizure, distress or sale, under or by virtue of any Indian presents not to process whatsoever: Be it therefore enacted, That none of such presents or of any

be purchased from them.

Commissioners and
Superintendents of

property purchased or acquired with or by means of such annuities, or any part thereof, or otherwise howsoever, and in the possession of any of the Tribes or any of the Indians of such Tribes, shall be liable to be taken, seized or distrained for any matter or cause whatsoever.

IX. And be it enacted, That the Commissioners appointed under the Acts of Indians to be Justices. Parliament in the next section of this Act mentioned, or either of them, and the different

of the Peace.

Superintendents of the Indian Department, either now in office or who may hereafter be appointed to either of such offices shall, by virtue of their office and appointment, be Justices of the Peace within the County, or United Counties, within which, for the time being, they or any or either of them, may be resident or employed as such Commissioners

Commissioners or Superintendents, without any other qualification; any law to the contrary notwithstanding.

Canada

None but Indians or with them to reside on Indian lands.

X. And whereas for the purpose of affording better protection to the Indians in the Recital unmolested possession and enjoyment of their lands, it is expedient to give more summary and effectual powers to the Commissioners appointed or who may be appointed by virtue of the Act of the Province of Upper Canada, passed in the second year of Her Majesty's Reign, chaptered fifteen, and intituled, An Act for the protection of the U.C. 2 Vict. c. 15. lands of the Crown in this Province from trespass and injury, and also by virtue of the Act of this Province, passed in the twelfth year of Her Majesty's Reign, chaptered nine, and intituled, An Act to explain and amend an Act of the Parliament 12 Vict. c. 9. of the late Province of Upper Canada, passed in the second year of Her Majesty's Reign, intituled, An Act for the protection of the lands of the Crown in this Province from trespass and injury, and to make further provision for that purpose,' to enable them more efficiently to protect the said lands from trespass and injury, and to punish all persons trespassing upon or doing damage thereto: Be it therefore enacted, That it shall not be lawful for any person or persons other than Indians, and those who may be inter-married with Indians, to settle, reside upon or occupy any lands or roads or allowances for roads running through any lands belonging to or occupied by any portion or Tribe of Indians within Upper Canada, and that all leases, contracts and agreements made or to be made, purporting to have been or to be made, by any Indians, or by any person or persons inter-married with any Indian or Indians whereby any person or persons other than Indians shall be permitted to reside upon such lands, shall be absolutely void; and if any person or persons other than Indians, or those who may be inter-married with Indians as aforesaid, shall without the license of the said Commissioners or any or either of them, (which license, however, the said Commissioners or any of them, may at any time revoke,) settle, reside upon or occupy any such lands, roads or allowances for roads, it shall be the duty of the Commissioners or any or either of them, on complaint made to them or any of them, and on due proof of the fact of such settlement, residence or occupation, to issue their or his warrant under their hands and seals, or his hand and seal, directed to the Sheriff of the County, or Union of Counties in which the said lands may lie, or if the said lands may not be situated within any County or Union of Counties, then such warrant shall be directed to any literate person who may be willing to act in the premises, commanding him forthwith to remove all such persons settling, residing upon or occupying such lands, with his, her or their families, from the said lands or roads or allowances for roads, and it shall be the duty of such Sheriff, or other person accordingly, to remove such person or persons, and for that purpose he shall have and possess the same powers as in the execution of criminal process: Provided always, nevertheless, that the provisions in Proviso: to what this and the two following sections of this Act contained, shall extend and be construed lands this section shall to extend to such Indian lands only as the Governor of this Province for the time being shall from time to time, by Proclamation under the Great Seal thereof, think fit to declare and make subject to the same, and so long only as such Proclamation shall remain unrevoked and in full force.

XI. And be it enacted, That so often as any person or persons after being or having been removed as aforesaid, shall return to settle, reside upon or occupy any of the said lands or roads or allowances for roads, the said Commissioners or any or either of them, upon their or his view, or upon proof by any witness or witnesses on oath, to be made or taken before the Commissioners or any or either of them, and upon their or his being satisfied that the said person or persons has or have returned to, settled, resided upon or occupied any of the said lands or roads or allowances for roads, then and in every such case, such Commissioners or Commissioner shall direct and send their or his warrant, under their hands and seals or his hand and seal, to the Sheriff of the County or Union of Counties within which such lands may lie, or to any literate person there, or if the said lands shall not be situated within any County or Union of Counties, then to any literate person, commanding him forthwith to arrest such person or persons, and 181 *

to

Provision for the re

moval of persons con

travening this section.

extend,

Proceedings if persons

so removed return to

such lands.

to commit him, her or them to the Common Gaol of the said County or Union of Counties in which the said lands may lie, or to the Common Gaol of the nearest County or United Counties to the said lands, if the said lands shall not be within any County or United Counties, there to remain for such time as shall be ordered by Arrest of such person, the Commissioners or by any or either of them, not exceeding thirty days; and such Sheriff or other person shall accordingly arrest the said party or parties, and deliver him, her or them to the Gaoler or Sheriff of the said County or United Counties as aforesaid, who are hereby required to receive such person or persons, and the said person or persons to confine and imprison in the said Common Gaol for the term aforesaid, there to remain without bail and without being entitled to the liberties of the No certiorari allowed. limits of the said Gaol; and such Commissioners or any of them shall cause the judgment or order against such person or persons to be drawn up, and no such judgment shall be liable to be removed by Certiorari or otherwise, or to be appealed from, but shall be deemed and taken to be final.

Punishment of persons cutting timber on and doing damage to Indian lands.

Penalties.

Imprisonment if the penalty cannot be levied.

XII. And be it enacted, That if any person without the license in writing of the Commissioners or of any or either of them, shall hareafter trespass upon any of the said lands or roads or allowances for roads, by cutting any trees, saplings, shrubs, underwood or timber thereon, or by carrying away or removing any of the trees, saplings, shrubs, underwood or timber therefrom, or by removing any of the stone or soil of the said lands, roads or allowances for roads, each person so trespassing shall for every tree he shall cut, carry away or remove, forfeit and pay the sum of five pounds, and for cutting, carrying or removing any of the saplings, shrubs, underwood or timber, under the value of five shillings, the sum of one pound, but if over the value of five shillings, then the sum of five pounds, and for removing any of the stone or soil aforesaid, the sum of five pounds, such fine to be imposed and recovered by the said Commissioners or any or either of them, by distress and sale of the goods and chattels of the party or parties fined, or the said Commissioners may, without proceeding by distress and sale as aforesaid, upon the non-payment of the said fine, order the party or parties to be imprisoned in the Common Gaol as aforesaid, for a period not exceeding thirty days, when the fine shall not exceed five pounds, or for a period not exceeding three calendar months, when the fine shall exceed the sum of five pounds; and upon the return of any warrant for distress or sale, if the amount thereof have not been made, or if any part of it may remain unpaid, the said Commissioners or any or either of them, may commit the party or parties who may be in default upon such warrant or warrants to the Common Gaol as aforesaid, for a period not exceeding thirty days, if the sum claimed by the said Commissioners upon the said warrant do not exceed five pounds, or for a time not exceeding three calendar months, if the sum claimed do exceed five pounds; all which fines shall be paid to Her Majesty, Her Heirs or Successors, or to some officer acting under Her authority, to be disposed of for the use and benefit of the Indians, as the Governor of this Province for the time being may be pleased to direct. XIII. And whereas great difficulty has been experienced by the said Commissioners in carrying into effect the several Acts relating to Indian lands, by reason of persons giving false names or concealing their names, and it is expedient that the Commissioners should be enabled to proceed without difficulty in this respect: Be it therefore enacted, That in all orders, writs, warrants, summonses and proceedings whatsoever under this Act cannot to be made, issued or taken by the Commissioners or any or either of them, under this or any other Act whatsoever, it shall only be necessary for the Commissioners or such of them as may be acting, to insert or express the name or names of the person or persons summoned, arrested, distrained upon, imprisoned or otherwise proceeded against in any of such orders, writs, warrants, summonses or proceedings, when the name or names of such person or persons shall be truly given to or known by the said Commissioners, or such of them as may be acting in that behalf, and if the name or names be not truly given to or known by the Commissioners, then the Commissioners or such of them as shall be acting in that behalf, shall be at liberty to name or describe the person or persons by any part of the name or names of such person or

Application of penalties.

Recital.

Provision where the name of any person to be proceeded against

be ascertained.

persons

persons which may be given to or known by them, or such of them as may be so acting; but if no part of the name or names be given to or known by the said Commissioners, or such of them as shall be so acting, they or such of them as shall be acting may describe the person or persons proceeded against in any manner by which he, she or they may be capable of being identified; And it is hereby declared that all such proceedings as aforesaid, containing the name or description, or purporting to give the name or description of any such person as aforesaid, according to this Act, shall prima facie be deemed to be sufficient; any thing to the contrary notwithstanding.

XIV. And be it enacted, That all Sheriffs, Gaolers and Peace Officers, to whom Sheriff, &c., to obey any such process shall be so directed by such Commissioners or any or either of them, process, are hereby required to obey the same, and all other Officers upon reasonable requisition

to be aiding and assisting in the execution thereof.

W

CAP. LXXV.

An Act for the protection of Mill-owners in Upper Canada.

[ 24th July, 1850. ]

HEREAS it often happens that persons purchase Crown Lands and Clergy Reserves in Upper Canada from the Crown, which, at the time of the purchase, and of the issuing of the patent therefor, were in the whole or in part overflowed by the waters of some mill stream, in consequence of the erection and continuation of Mill Dams thereon: And whereas it often happens that such persons, at the time they purchase such Lands, are well aware of their being so overflowed, and have in consequence thereof obtained a reduction or allowance in the price paid for the same, but, nevertheless, obtain Patents for the whole of such Lots, and afterwards bring actions against the proprietors or occupiers of the Mills for the use of which such Dams have been erected: For remedy thereof, Be it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, That when in any action hereafter to be brought against the proprietor or occupier of any Mill, for the overflowing of, or injury to any Land, caused by the erection or continuation of any Dam for the purposes of such Mill, it shall appear that such overflowing or other injury was caused by the erection or continuation of a Dam which was built before the purchase by, and grant thereof to the Grantee of the Crown of such Land, and that such purchaser obtained a reduction in the price of such Land, or was otherwise indemnified in consequence of its being so overflowed or otherwise injured, then, the Jury on the trial of any such cause may take such facts into their consideration, and if they think it just and equitable, may, in consequence thereof, find a verdict for the Defendant in any suit so to be brought.

II. And be it enacted, That in any such action, it shall and may be lawful for the Defendant to plead the general issue, and under such plea, on entering a note of this Act in the margin thereof, to avail himself of this Act and of the matters of defence herein given.

III. And be it enacted, That this Act shall extend to Upper Canada only,

САР.

Preamble.

CAP. LXXVI.

An Act to authorize the formation of Companies for the establishment and management of Cemeteries in Upper Canada.

W

[ 10th August, 1850. ]

HEREAS it hath become necessary to the health of many Towns in Upper Canada, that Public Cemeteries should be established near to, but without the limits of the said Towns, upon the plan now adopted by the Inhabitants of many of the Cities in Europe and America: And whereas the delay and expense incident upon obtaining a special Act for each Company operate as a great discouragement to persons desirous of founding such Cemeteries: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby Formation of a ceme enacted by the authority of the same, That any number of persons, not less than twenty respectively, may, in Upper Canada, form themselves into a Company under the provisions of this Act for the purposes aforesaid.

tery company.

After certain formalities they shall be a body corporate, &c.

Corporate powers.

Property of company to be managed by

nine directors to be elected by ballot.

Lots to be not less than one hundred superficial feet.

II. And be it enacted, That when any number of persons not less than twenty shall have subscribed, and paid in a sufficient quantity of stock to amount to a sum adequate in their judgment to the purchase of the ground required for a Cemetery, and shall have executed an instrument according to the form in the Schedule A, to this Act contained, and shall have paid to the Treasurer of such intended Cemetery twenty-five per cent. upon the capital stock intended by such Company to be raised for the purpose aforesaid, which sum shall not be less than that required for the purchase of the grounds necessary for such Cemetery, and shall have registered such instrument at full length, together with a receipt from the Treasurer of such Company, for such first instalment of twenty-five per cent. as aforesaid, with the Register of the County in which the grounds to be purchased shall be situate, such Company shall thenceforth become and be a body corporate by such name as shall be designated in the instrument so to be registered as aforesaid; and by such name, they and their successors shall and may have perpetual succession, and shall be capable, both at law and in equity, of suing and being sued, of impleading and being impleaded, answering and being answered unto, defending and being defended in all Courts of law and equity, and places whatsoever, in all manner of actions, suits, complaints and causes whatsoever; and they and their successors may have a common seal, and the same may make, alter and change at their will and pleasure, and they and their successors by their corporate name, shall be capable of taking, purchasing, having, holding, conveying, selling and departing with, any piece or parcel of land in Upper Canada to be used exclusively as a Cemetery, or a place for the burial of the dead.

III. And be it enacted, That the affairs, property and concerns of every such Company which shall or may be formed under the provisions of this Act, shall be managed by nine Directors, a majority of whom shall form a quorum capable of doing business, which said Directors shall be chosen by ballot from among the subscribers to the said instrument so to be registered as aforesaid, and thereafter to be annually elected by the said stockholders on the third Monday in January in each and every year; and that upon the first and every such election of Directors, each shareholder shall be entitled to one vote for every share he may hold or be possessed of up to ten, and one vote for every five shares above ten; but no stockholder shall be allowed to vote at any election unless he shall have paid at least ten shillings upon each lot or share he may hold.

IV. And be it enacted, That every lot or share in the said Cemetery shall contain not less than one hundred superficial feet, and every person holding such lot or share, and having paid as before provided, shall be deemed and taken to be a shareholder, and every

shareholder