the said Act same to such executory contracts: Be it therefore enacted, That the provisions of the Provisions of said Act shall extend to all contracts for the sale of goods of the value of ten pounds to extend to sterling and upwards, notwithstanding the goods may be intended to be delivered at contracts for some future time, or may not at the time of such contract be actually made, procured value of £10 or provided, or fit or ready for delivery, or some act may be requisite for the making sterling. or completing thereof, or rendering the same fit for delivery. goods to the repealed. IX. And whereas divers errors have crept into the Act passed in the eighth year of 8 Vict. o. 31, Her Majesty's Reign, and intituled, An Act for the Limitation of Actions, for avoiding Suits at Law, and for rendering a written memorandum necessary to the validity of certain promises and engagements, in that part of the Province which heretofore constituted the Province of Lower Canada, whereby the sense and intent of the said Act have been marred: Be it therefore enacted, that the said Act shall be and is hereby repealed. X. And be it enacted, That this Act shall apply only to "Lower Canada," which words in this Act shall be understood to mean all that portion of this Province which formerly constituted the Province of Lower Canada. MONTREAL :-Printed by STEWart DerbishIRE & GEORGE Desbarats, This Act shall apply to Lower Canada only. An Act to amend the Laws relative to the appointment of Special WH [ 28th July, 1847. ] Any two or more Justices empowered to appoint Spein certain cases of ap of the Peace cial Constables THEREAS it is expedient to amend the laws relative to the appointment of Preamble: Special Constables, and to make other provisions for the better preservation of the public peace in that part of this Province formerly Upper Canada: 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 enacted by the authority of the same, That in all cases where it shall be made to appear to any two or more Justices of the Peace of any District, City or Town in this Province, upon the oath of any credible witness, that any tumult, riot or felony has taken place or is continuing, or may be reasonably apprehended in any Parish, Township, Town or place situate within the limits for which the said respective Justices usually act, and such Justices shall be of opinion that the ordinary officers appointed for preserving the peace are not sufficient for the preservation of the peace and for the protection of the inhabitants and the security of the property in any such Parish, Township, Town or place as aforesaid, then and in every such case such Justices or any two or more Justices acting for the same limits are hereby authorized to nominate and appoint, by precept in writing under their hands, so many as they shall think fit of the householders or other persons (not legally exempt from serving the office of Constable) residing in such Parish, Township, Town or place as aforesaid, or in the neighbourhood thereof, to act as Special Constables for such time and in such manner as to the said Justices respectively shall seem fit and necessary, for the preservation of the public peace and for the protection of the inhabitants and the security of the property in such Parish, Township, Town or place; and the Justices of Peace who shall appoint any Special Constables by virtue of this Act, or any one of them, or any other Justice of the Peace acting for the same limit, are and is hereby authorized to administer to any person so appointed the following Oath, that is to say: prehension of riot, felony, &c. Who may be appointed. Such Justices may administer an oath of office to the persons so appointed. "I, A. B., do swear that I will well and truly serve our Sovereign Lady the Queen Form of the "in the office of Special Constable for the of without oath. "favour Proviso: Notice of such appointment to be sent to the Provincial Secretary. Justices may tions touching Buch Special Constables. And may remove any of them. Powers of and local ex- Such Special may act in an trict in certain cases, and upon a certain order. "favour or affection, malice, or ill will; and that I will to the best of my power cause "the peace to be kept and preserved, and will prevent all offences against the persons "and properties of Her Majesty's subjects; and that while I continue to hold the said "office, I will to the best of my skill and knowledge discharge all the duties thereof faithfully according to law: So help me God." 66 Provided always, that whenever it shall be deemed necessary to nominate and appoint such Special Constables as aforesaid, notice of such nomination and appointment, and of the circumstances which have rendered such nomination and appointment expedient shall be forthwith transmitted by the Justices making such nomination and appointment, to the Secretary of the Province. II. And be it enacted, That the Justices of the Peace who shall have appointed any Special Constables under this Act, or any two of them, or the Justices acting for the limit within which such Special Constables shall have been called out, at a Special Session of such last-mentioned Justices, or the major part of such last-mentioned Justices at such Special Session, shall have power to make such orders and regulations as may, from time to time, be necessary and expedient for rendering such Special Constables more efficient for the preservation of the public peace, and shall also have power to remove any such Special Constable from his office for any misconduct or neglect of duty therein. III. And be it enacted, That every Special Constable appointed under this Act shall, not only within the Parish, Township, Town or place for which he shall have been appointed, but also throughout the entire jurisdiction of the Justices so appointing him, have, exercise and enjoy all such powers, authorities, advantages and immunities, and be liable to all such duties and responsibilities, as any Constable duly appointed now has by virtue of any law or statute whatsoever. IV. And be it enacted, That where any Special Constables appointed under this Act shall be serving within any District, and two or more Justices of the Peace of any adjoining Dis- adjoining district shall make it appear to the satisfaction of any two or more Justices of the Peace acting for the limits within which such Special Constables are serving, that any extraordinary circumstances exist which render it expedient that the said Special Constables should act in such adjoining District, then and in every such case the said last mentioned Justices are hereby authorized (if they shall think fit) to order all or any of the said Special Constables to act in such adjoining District, in such manner as to the said last mentioned Justices shall seem meet; and every such Their powers Special Constable, during the time that he shall so act in such adjoining District, shall have, exercise and enjoy all such powers, authorities, advantages and immunities, and be liable to all such duties and responsibilities, as if he were acting within the Parish, Township, Town or place for which he was originally appointed. ing District. Penalty on persons ap pointed and refusing to take the oath. V. And be it enacted, That if any person being appointed a Special Constable as aforesaid, shall refuse to take the oath hereinbefore mentioned when thereunto required by the Justices of the Peace so appointing him, or by any two of them, or by any other two Justices of the Peace acting for the same limits, he shall be liable to be convicted thereof forthwith before the said Justices so requiring him, and to forfeit and such pay sum of money not exceeding five pounds as to the said Justices so requiring him shall seem at the place oath. seem meet; and if any person being appointed a Special Constable as aforesaid shall Or to appear neglect or refuse to appear at the time and place for which he shall be summoned for appointed for the purpose of taking the said oath, he shall be liable to be convicted thereof before taking such the Justices so appointing him or any two of them, or before any other two Justices of the Peace acting for the same limits, and to forfeit and pay such sum of money not exceeding five pounds as to the convicting Justices shall seem meet, unless such person shall prove to the satisfaction of the said Justices that he was prevented by sickness or such other unavoidable accidents as shall in the judgment of the said Justices be a sufficient excuse. VI. And be it enacted, That if any person being appointed a Special Constable as aforesaid, and being called upon to serve, shall neglect or refuse to serve as such Special Constable, or to obey such lawful orders or directions as may be given to him for the performance of the duties of his office, every person so offending shall, on conviction thereof before any two Justices of the Peace, forfeit and pay for every such neglect or refusal such sum of money not exceeding five pounds, as to the said Justices shall seem meet, unless such person shall prove to the satisfaction of the said Justices that he was prevented by sickness or such other unavoidable accident as shall in the judgment of the said Justices be a sufficient excuse. Sufficient ex allowed. cuse may be termine VII. And be it enacted, That the Justices who shall have appointed any Special Justice may Constables under this Act, or the Justices acting for the limits within which such Spe- suspend or docial Constables shall have been called out, at a Special Session to be held for that the services of Special Conpurpose, or the major part of such last mentioned Justices at such Special Session, are stables. hereby empowered to suspend or determine the service of all or any of the Special Constables so called out as to the said Justices respectively shall seem meet; and Notice to be notice of such suspension or determination of the services of all or any of the said Provincial Se Special Constables shall be forthwith transmitted by such respective Justices to the cretary. Secretary of the Province. sent to the Special Con stables to deliver up their staves &c. charged. when dis VIII. And be it enacted, That every such Special Constable shall, within one week after the expiration of his office, or after he shall cease to hold or exercise the same pursuant to this Act, deliver over to his successor (if any such shall have been appointed, or otherwise to such person and at such time and place as may be directed by any Justice of the Peace acting for the limits within which such Special Constable may have been called out) every staff, weapon and other article which shall have been provided for such Special Constable under this Act; and if any such Special Constable Penalty for shall omit or refuse so to do, he shall on conviction thereof before two Justices of the refusal or ne glect. Peace forfeit and pay for such offence such sum of money not exceeding two pounds as to the convicting Justices shall seem meet. Punishment saulting Spe. bles or encour IX. And be it enacted, That if any person shall assault or resist any Constable appointed by virtue of this Act while in the execution of his office, or shall promote or of persons asencourage any other person so to do, every such person shall, on conviction thereof cial Constabefore two Justices of the Peace, forfeit and pay for such offence any sum not exceed- aging others ing ten pounds, or shall be liable to such other punishment upon conviction on any in- to do so. dictment or information for such offence, as any persons are by law liable to for assaulting any Constable in the execution of the duties of his office. |