This Ordinance extends two former Acts, “An Act for the transportation of certain offenders from this Province to England, to be thence again transported to New South Wales or Van Diemen’s Land,” and “An Ordinance to continue a certain Act therein mentioned, intituled, ‘An Act for the transportation of certain offenders from this Province to England, to be thence again transported to New South Wales or Van Diemen’s Land,’” to apply to those sentenced to death by Courts Martial.
This act makes it lawful to award costs of trial to the defendant in cases of intrusion on crown land, to be left at the discretion of the judge presiding over individual trials.
This Ordinance clarifies that “An Act for the better securing the liberty of the subject, and for prevention of imprisonment beyond seas;” is not in force in Lower Canada, and that, as such, John Jeffreys and Thomas Ainslie Young, being held under the terms of the said Act, are to be discharged. This Act also discharges George Bowles, as explained.
Under this Ordinance, all cases brought against persons for any thing commanded or directed since November in the pursuit of apprehending or detaining persons suspected of High Treason, Suspicion of High Treason, or Treasonable Practices are to be dropped, as described. The extent and limits of this Ordinance are outlined. This Ordinance also repeals the 1838 Ordinance, “An Ordinance to declare and ascertain the period when the Laws and Ordinances made and passed by the Governor or person authorized to execute the Commission of Governor, and Special Council of the Province, shall take effect."
Under this Ordinance, the Governor or person administering the Government is empowered to hold anyone charged with High Treason, Misprision of High Treason, Treasonable Practices, Sedition, Murder, or Arson in any jail in the Province. This Ordinance is to remain in force until 1842.
This Ordinance makes provision for the trial of persons charged with High Treason, Suspicion of High Treason, Misprision of High Treason, Treasonable Practices, Sedition, Arson, or Murder. This Ordinance is to remain in force until 1842.
Under this Ordinance, any person found to administer or intend to administer an oath intending to bind someone to commit treason or murder, or several other offences listed, shall be adjudged guilty of felony and transported for a term not exceeding 7 years. Limits and exceptions to this Ordinance are outlined, as well as instructions for how it should be enforced. This Ordinance is to remain in force until 1842.
This Ordinance clarifies that the goods, chattels, and other property of people sentences to death under the ordinances therein named remain forfeited to the Queen. The processes by which claims on this property can be made are outlined.
This act prevents the dumping of ballast or other debris in harbours or roadways as they pose obstacles to transportation and commerce, and specifies penalties for those who violate this law.
Under this Ordinance, the Governor or person administering the Government is empowered to appoint Justices of the Peace and Stipendary Magistrates even if they do not meet the requirements established under the 1836 Act, "“An Act for the qualification of the Justices of the Peace." This Ordinance is to remain in force until 1840.