Coroner to the origin of ing Fund" to the Treasurer of each County, a sum not exceedone half of the expense of the same, and not exceeding the sum of one thousand five hundred pounds for any one County. 27. The said Inspectors shall, as soon as may be convenient, frame a set of rules and regulations for the government of the Common Gaols of this Province, extending to the maintenance of the prisoners in regard to diet, clothing, bedding and other necessaries; their employment; medical attendance; religious instruction; the conduct of the prisoners and the restraint and punishment to which they may be subjected; and also to the treatment and custody of the prisoners generally, and to the whole internal economy and management of the Gaol, and all such matters connected therewith as shall be thought by them expedient; which rules and regulations shall be submitted to the Governor for his approval and confirmation Provided always, that nothing herein contained shall be held to prevent the County Councils in Upper Canada from making such special regulations as the peculiar circumstances of their respective Gaols and localities may in their opinion require, such special regulations not being inconsistent with the provisions of this Act, or with the general rules and regulations so to be made by the Inspectors and approved by the Governor, as aforesaid. 20 VIC.-CAP. 36. An Act to authorize investigations in case of accident by Fire, and to repeal the Act authorizing such investigations in the Cities of Quebec and Montreal. [Assented to 10th June, 1857.] 2.-It shall be the duty of the Coroner within whose jurisinquire into diction, any City, or incorporated Town, or incorporated Vilfires in Cities, lage, in this Province, shall lie, whenever any fire shall occur, Towns and whereby any house or other building in such City, Town, or Village shall be wholly or in part consumed, to institute an inquiry into the cause or origin of such fire, and whether it was kindled by design, or was the result of negligence or acEvidence to cident, and to act according to the result of such inquiry; and Villages. be taken on oath. for the purpose aforesaid such Coroner shall summon and bring before him all persons whom he may deem capable of giving information or evidence touching or concerning such fire, and shall examine such persons on oath, (administering such oath to them,) and shall reduce their examinations to writing, and return the same to the Clerk of the Peace for the District or County within which they shall have been taken : Provided always, that it shall not be the duty of any Coroner Proviso: to institute an inquiry into the cause or origin of any fire or fires by which any house or other building is wholly or partly consumed, nor shall such inquiry be had, until it has first been made to appear to such Coroner that there is reason to believe that such fire was the result of culpable or negligent conduct or design, or occurred under such circumstances as in the interests of justice and for the due protection of property to require an investigation. take place under cer 7.-When any such inquiry shall have been held by the such inCoroner, and not by any other Officer as aforesaid, in confor- quiry not to mity with this Act, the Coroner holding the same shall be en- except titled therefor to the sum of two pounds ten shillings, and tain circumshould the said inquiry extend beyond one day, then to two stances. pounds ten per diem for each of two days thereafter, and no more: And the official order of such Coroner for the same, Allowance upon the Treasurer of the City, Town or Village in which to Coroners such inquiries shall be holden, shall be paid by the said Trea- quiries, and surer out of any funds he may then have in the Treasury, as how paid. he is hereby commanded to do upon the presentation of such order. holding in 20 VIC. CAP. 55. An Act to declare the meaning of the Auction Duties Act of 1841, with respect to Sales in Rural Districts. [Assented to 27th May, 1857.] WHEREAS doubts have arisen as to the correct interpretation of the Auction Duties Act of 1841, and it is desirable to remove the same: Therefore, &c. Preamble. to apply to try parts. 1. The provisions of the Act of 1841, intituled, An Act Act 4 & 5 to make certain alterations in the law relative to the duty upon Vic.c. 21, not sales of property by Auction, were never intended by the certain sales Legislature to apply, and do not apply to the sales by auction in the Counfrequently held in the Rural Districts, but not for trading purposes, either by the inhabitants selling their furniture, grain, cattle and real estate or chattel property other than merchandize or stock in trade, when changing their residence or finally disposing of the same: Provided always, that no duly licensed auctioneer who may have sold by auction any such furniture, grain, cattle and real estate or chattel property, and who may have received duties and fees thereon, shall be sued or in any way made liable therefor. Proviso. Preamble. Ministers of any denomi solemnize marriage. 20 VIC.-CAP. 66. An Act to amend the Laws relating to the Solemnization of [Assented to 10th June, 1857.] WHEREAS under the laws now in force in Upper Canada, privileges are claimed with regard to the solemnization of matrimony, by the Clergymen and Ministers of certain denominations, which are partial in their character and offensive to certain other religious denominations, and their Clergymen and Ministers; Therefore, &c. 1. From and after the passing of this Act, the Ministers nation may and Clergymen of every religious denomination in Upper Canada, duly ordained or appointed according to the rites and ceremonies of the Churches or denominations to which they shall respectively belong, and resident in Upper Canada, shall have the right to solemnize the ceremony of Matrimony, according to the rites, ceremonies and usages of such Churches and Denominations respectively, by virtue of such ordination or appointment. Ministers marrying must give required. 2.-Every Clergyman or Minister who shall celebrate Matrimony in Upper Canada, from and after the time of the certificate if passing of this Act, shall, if required, at the time of such marriage by either of the parties thereto, give a certificate under his hand of such marriage, specifying the names of the parties married, the time and the names of two or more persons who witnessed such marriage, and whether such marriage was solemnized pursuant to license or publication of banns; Fee for certi- and for every such certificate, the Clergyman or Minister giving ficate. Ministers to enter evary marriage in a Book, with particulars as per Schedule. the same shall be entitled to ask, demand, or receive from the party so requiring the same, the sum of one shilling and three pence. 3.-From and after the first day of January, one thousand eight hundred and fifty-eight, every Clergyman or Minister, shall, immediately after the solemnization by him of any marriage, enter in a book to be by him kept for that purpose, which book shall be and continue to be the property of the church or denomination to which he shall belong at the time of such marriage, a true record of such marriage, embracing all the particulars set forth in the body of the Schedule hereunto anAnd make a nexed; and on or before the first day of February, in each return of all and every year, after the year one thousand eight hundred and yearly to the fifty-eight, it shall be the duty of every such Clergyman, and he is hereby required to return a certified list according to the marriages Registrar of the County. effect of gistrars for Marrying. form, and specifying the particulars in the said Schedule set forth, of all marriages by him solemnized during the year ending on the thirty first day of December, then next preceding, to the Registrar of the County in which such marriage shall have taken place, and at the time of making such return to pay or transmit to such Registrar the sum of five shillings for every such list; and on receipt by such Registrar of every Registrar's such list, it shall be his duty to file the same among the duties and paper of his office, and to record the same in a book to be kept copies from by him for that purpose; and every such register, or a certi- Registrar. fied copy thereof, shall be considered in the case of the death or absence of the witnesses to any such marriage, as a sufficient evidence thereof; and the said Registrar is hereby required Fees to Reto give a certified copy of any such marriage record to any p person demanding the same, on the payment of the sum of two shillings and six pence; and every such Clergyman or Fees to MinMinister shall, before solemnizing such marriage, be entitled sters for to ask, demand, and receive from either of the parties to such marriages the sum of ten shillings, to enable him to pay the said sum so to be paid or transmitted by him to such Registrar, and to remunerate him the said Clergyman or Minister, for the trouble and expense attendant on the preparing and transmission of such certified list to the Registrar; and every Fines for such Clergyman or Minister who shall neglect or refuse to re- neglecting to turn such certified list as aforesaid, shall forfeit and pay for marriages. every day he shall so neglect or refuse, beyond the time respectively herein fixed for making such return, the sum of one pound, which shall be recoverable before any magistrate of the County in which such Clergyman or Minister may reside, with costs, and shall be applied, as fines now inflicted under the Summary Convictions Act of Upper Canada; Provided Proviso: however, that nothing in this Act contained shall be construed parties mar or held to prevent the payment to the officiating Clergyman give what or Minister of such remuneration as the parties may see fit to tion they make. certify list of ried may remunera think fit. removal of successor to Registrar. 4.-In the event of the death or removal of any Minister In case of or Clergyman before making the annual return herein before death or provided for, it shall be the duty of his successor or other per- Minister, his son having the legal custody of the book referred to in the next make the repreceding section of this Act, to transmit to the Registrar of turn to the the County in which any such marriage shall have taken place, a certified copy of all marriages therein recorded, in the same manner as is provided for, and subject to the same penalties for neglect of non-performance of such duty, as is mentioned in the next preceding section, and such Registrar shall record the Punishment of persons not being Ministers to solemnize marriage. same as if such return had been made by the Minister or Clergyman who de facto celebrated such marriage. 5.-Any person not being a Clergyman or Minister of a religious denomination existing in Upper Canada, who shall solemnize or pretend to solemnize matrimony under the provipretending sions of this Act, and any person who shall falsely personate any Clergyman or Minister for the purpose of officiating at any such ceremony, shall be guilty of a misdemeanor, and shall be liable for every such offence to be imprisoned in the Provincial Penitentiary, for a period not exceeding two years, or to suffer such other Punishment, either by fine or imprisonment, or both, as any Court of Record having competent jurisdiction in Upper Proof or ordi- Canada shall deem meet and just; and it shall rest upon any appointment person accused of such offence to prove the fact of his being a to lie on duly ordained or appointed Minister or Clergyman of the religious denomination to which he shall profess to belong, and that such denomination had at the time of the solemnization of such marriage a known existence in Upper Canada. nation or defendant.. Punishment of persons procuring persons not Ministers to pretend to marry, &c. Quakers' marriages declared valld. Who shall send the reRegistrar. turn to the Clerks of the ters entitled to marry under it. 6. Any person knowingly procuring any other person not being a Minister or Clergyman of some religious denomination existing in Upper Canada, to perform the ceremony of matrimony, or who shall knowingly aid or abet any such pretended Clergyman or Minister, in performing such ceremony, shall be guilty of misdemeanor, and shall be liable to the punishment provided for in the next preceding section of this Act. 7.-Every marriage which shall be duly solemnized according to the rites, usages and customs of the Religious Society of Friends, commonly called Quakers, shall be and is hereby declared valid, and the duty imposed by the third section of this Act, upon every Minister and Clergyman, with regard to marriages solemnized by them, shall, with regard to such marriages, be performed by the Clerk or Secretary of the Society of Meeting where such marriage was solemnized, and in default of the performance of any such duty by any such Clerk or Secretary, he shall be liable to the penalty prescribed by the said third section, for default, in the case therein named. 8. It shall be the duty of the Clerk of the Peace of each copies of this County or Union of Counties in Upper Canada, to procure Act to Minis- without delay from the Queen's Printer, a sufficient number of copies of this Act to enable him to mail one to the Address of each Clergyman or Minister entitled to solemnize Martrimony under the provisions of this Act, whom he shall know, or shall ascertain at any time within six months from and after the passing of this Act, to be resident in such County or Union of |