5 GEO. 2, c. 7.-1732. AN ACT for the more easy recovery of debts in His HEREAS His Majesty's subjects trading to the British plantations in America lie under great difficulties, for want of more easy methods of proving, recovering, and levying of debts due to them, than are now used in some of the said plantations : And whereas it will tend very much to the retrieving of the credit formerly given by the trading subjects of Great Britain to the natives and inhabitants of the said plantations, and to the advancing of the trade of this kingdom thither, if such inconveniences were remedied. May it therefore please Your Majesty that it may be enacted, and be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords spiritual and Temporal and Commons, in this present Parliament assembled, and by the authority of the same, 1732,plantation proved in Eng magistrate. That from and after the twenty-ninth day of September After Sept. 29, which shall be in the year of our Lord one thousand seven debts may be hundred and thirty-two, in any action or suit then de- and on oath pending, or thereafter to be brought in any court of law before a chief or equity in any of the said plantations, for or relating to any debt or account, wherein any person residing in Great Britain shall be a party, it shall and may be lawful to and for the plaintiff or defendant, and also to and for any witness to be examined or made use of in such action or suit, to verify or prove any matter or thing by affidavit or affidavits. in writing upon oath, or in case the person making such affidavit be one of the people called Quakers, then upon his or her solemn affirmation, made before any mayor or other chief magistrate of the city, borough or town corporate in Great Britain, where or near to which the person making such affidavit or affirmation shall reside, and certified and transmitted under the common seal of such city, borough or town corporate, or the seal of the office of such mayor, or other chief magistrate, which oath and solemn affirmation every such mayor and chief magistrate shall be and is hereby authorized and empowered to administer; and every affidavit or affirmation so made, certified and transmitted, shall in all such actions and suits be allowed to be of the same force and effect Debts to his Majesty may be proved in the same manner. Penalty on false oath or athrmation. Lands, houses, negroes, etc., tions liable to satisfy debts. effect, as if the person or persons making the same upon oath or solemn affirmation as aforesaid, had appeared and. sworn or affirmed the matters contained in such affidavit or affirmation viva voce in open court, or upon a commission issued for the examination of witnesses, or of any party in such action or suit respectively; Provided that in every such affidavit and affirmation there shall be expressed the addition of the party making such affidavit or affirmation, and the particular place of his or her abode. 2. And be it further enacted by the authority aforesaid, That in all suits now depending, or hereafter to be brought in any court of law or equity by or in behalf of His Majesty, His heirs and successors, in any of the said plantations, for or relating to any debt or account, that His Majesty, His heirs and successors, shall and may prove His and their debts and accounts, and examine His or their witness or witnesses by affidavit or affirmation in like manner as any subject or subjects is or are empowered or may do by this present Act.、 3. Provided always, and it is hereby further enacted, That if any person making such affidavit upon oath or solemn affirmation as aforesaid, shall be guilty of falsely and wilfully swearing or affirming any matter or thing in such affidavit or affirmation, which, if the same had been sworn upon an examination in the usual form, would have amounted to wilful and corrupt perjury, every person so offending, being thereof lawfully convicted, shall incur the same penalties and forfeitures as by the laws and statutes of this realm are provided against persons convicted of wilful and corrupt perjury. (These three secs. are amended by the 15th and 17th secs. of Imp. Act 5 and 6 Wm. 4, c. 62. See post p. 3.) 4. And be it further enacted by the authority aforesaid, in the planta That from and after the said twenty-ninth day of September one thousand seven hundred and thirty-two, the houses, lands, negroes, and other hereditaments and real estates, situate or being within any of the said plantations belonging to any person indebted, shall be liable to and chargeable with all just debts, duties and demands of what nature or kind soever, owing by any such person to His Majesty, or any of his subjects, and shall and may be assets for the satisfaction thereof, in like manner as real estates are by the law of England liable to the satisfaction of debts due by bond or other specialty, and shall be subject to the like remedies, proceedings and process in any court of law or equity, in any of the said plantations respectively, for seizing, extending, selling or disposing of any such houses, lands, negroes and other hereditaments and real estates, towards the satisfaction of such debts, duties, and demands, and in like manner as personal personal estates in any of the said plantations respectively are seized, extended, sold, or disposed of, for the satisfaction of debts. (So much of this Act as relates to negroes is repealed by Imp. Act 37 Geo. 3, c. 19.) 5 & 6 WM. 4, c. 62.--1835. AN ACT to repeal an Act of the present Session of Parliament, intituled An Act for the more effectual abolition of oaths and affirmations taken and made in various Departments of the State, and to substitute declarations in lieu thereof, and for the more entire suppression of voluntary and extra-judicial oaths and affidavits, and to make other provisions for the abolition of unnecessary oaths. (The following seem to be the only sections of this Act which now affect Ontario.) substituted for 15. AND WHEREAS an Act was passed in the fifth year of the Declaration reign of His late Majesty King George the Second, intituled, oaths and An Act for the more easy recovery of debts in His Majesty's quired by 6 plantations and colonies in America. And whereas another Act was passed in the fifty-fourth year of the reign of His late Majesty King George the Third, intituled An Act for the more easy recovery of debts in His Majesty's colony of New South Wales; And whereas it is expedient that in future a declaration shall be substituted in lieu of the affidavit on oath authorised and required by the said recited Acts; Be it therefore enacted, That from and after the commencement of this Act, in any action or suit then depending, or thereafter to be brought or intended to be brought in any court of law or equity within any of the territories, plantations, colonies or dependencies abroad, being within any part of His Majesty's dominions, for or relating to any debt or account wherein any person residing in Great Britain and Ireland shall be a party or for or relating affidavits re Ĝeo. 2, c. 7. to Debts on behalf of his Majesty to be proved by declaration. to any lands, tenements or hereditaments or other property situate, lying, and being in the said places respectively, it shall and may be lawful to and for the plaintiff or defendant, and also to and for any witness to be examined or made use of in such action or suit, to verify or prove any matter or thing relating thereto by solemn declaration or declarations in writing in the form in the Schedule hereunto annexed, made before any Justice of the Peace, Notary Public or other officer now by law authorised to administer an oath, and certified and transmitted under the signature and seal of any such Justice, Notary Public, duly admitted and practising or other officer; which declaration and every declaration relative to such matter or things aforesaid in any foreign kingdom or state, or to the voyage of any ship or vessel, every such Justice of the Peace, Notary Public or other officer shall be and is hereby authorized and empowered to administer and receive; and every declaration so made, certified and transmitted, shall in all such actions and suits be allowed to be of the same force and effect as if the person or persons making the same had appeared and sworn or affirmed the matters contained in such declaration viva voce in open court or upon a commission issued for the examination of witnesses or of any party in such action or suit respectively; Provided that in every such declaration there shall be expressed the addition of the party making such declaration and the particular place of his or her abode. 17. And be it further enacted, That in all suits now depending or hereafter to be brought in any court of law or equity by or in behalf of His Majesty, His heirs and successors, in any of His said Majesty's territories, plantations, colonies, possessions or dependencies, for or relating to any debt or account, that His Majesty, His heirs and successors, shall and may prove his and their debts and accounts, and examine his and their witness or witnesses by declaration in like manner, as any subject and subjects is or are empowered or may do by this present Act. SCHEDULE referred to by the foregoing Act. I, A. B., do solemnly and sincerely declare that and I make this solemn declaration conscientiously believing the 14 GEO. 5 14 GEO. 3, c. 83-1774. AN ACT for making more effectual provision for the government of the Province of Quebec in North America. HEREAS his Majesty, by his royal proclamation bearing date the seventh day of October, in the third year of his reign, thought fit to declare the provisions which have been made in respect to certain countries, territories and islands in America, ceded to his Majesty by the definite treaty of peace concluded at Paris on the tenth day of February, one thousand seven hundred and sixty-three: And whereas by the arrangements made by the said royal proclamation, a very large extent of country, within which there were several colonies and settlements of the subjects of France, who claimed to remain therein under the faith of the said treaty, was left without any provision being made for the administration of civil government therein; and certain parts of the territory of Canada, where sedentary fisheries had been established and carried on by the subjects of France, inhabitants of the said Province of Canada, under grants and concessions from the government thereof, were annexed to the government of Newfoundland, and thereby subjected to regulations inconsistent with the nature of such fisheries: May it therefore please your Most Excellent Majesty that it may be enacted, and be it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal and Commons, in this present Parliament assembled, and by the authority of the same: tories belong Britain annex Province of 1. That all the territories, islands, and countries in North Certain terriAmerica, belonging to the Crown of Great Britain, bounded on ing to Great the south by a line from the bay of Chaleurs, along the high ed to the lands which divide the rivers that empty themselves into the Quebec. River Saint Lawrence from those which fall into the sea, to a point in forty-five degrees of northern latitude, on the eastern bank of the river Connecticut, keeping the same latitude directly west, through the lake Champlain, until, in the same latitude, it meets the river Saint Lawrence; from thence up the eastern bank of the said river to the lake Ontario; thence through the lake Ontario, and the river commonly called Niagara; and thence along by the eastern and south-eastern bank of lake Erie, following the said bank, until the same shall be intersected by the northern boundary, granted by the charter of the Province of Pennsylvania, in case the same shall be so intersected; and from thence along the said northern and western boundaries of the said Province, until the said western boundary strike the Ohio; but in case the |