470 PROOFS AND ILLUSTRATIONS. [l 



shall have tne same force, authority, and effect, within the said Indian 

 territory and other parts of America as aforesaid, as the same now have 

 within the said province of Upper Canada. 



" VIII. And be it further enacted, That it shall be lawful for the gov- 

 ernor, or lieutenant-governor, or person administering the government 

 for the time being, of Lcnoer Canada, by commission under his hand and 

 seal, to authorize all persons who shall be appointed justices of the peace 

 under the provisions of this act, within the said Indian territories, or other 

 parts of America as aforesaid, or any other person who shall be specially 

 named in any such commission, to act as a commissioner within the same, 

 for the purpose of executing, enforcing, and carrying into effect, all such 

 process, writs, orders, judgments, decrees, and acts, which shall be issued, 

 made, delivered, given, or done, by the said courts of judicature, and which 

 may require to be enforced and executed within the said Indian territo- 

 ries, or such other parts of North America as aforesaid; and in case any 

 person or persons whatsoever, residing or being within the said Indian 

 territories, or such other parts of America as aforesaid, shall refuse to 

 obey or perform any such process, Writ, order, judgment, decree, or act, 

 of the said courts, or shall resist or oppose the execution thereof, it shall 

 and may be lawful for the said justices of the peace or commissioners, 

 and they, or any of them, are, and is, hereby required, on the same being 

 proved before him, by the oath or affidavit of one credible witness, to 

 commit the said person or persons so offending as aforesaid to custody, 

 in order to his or their being conveyed to Upper Canada ; and that it 

 shall be lawful for any such justice of the peace or commissioner, or any 

 person or persons acting under his authority, to convey, or cause to be 

 conveyed, such person or persons so offending as aforesaid to Upper Can- 

 ada, in pursuance of such process, writ, order, decree, judgment, or act ; 

 and such person and persons shall be committed to jail by the said court, 

 on his, her, or their being so brought into the said province of Upper 

 Canada, by which such process, writ, order, decree, judgment, or act, was 

 issued, made, delivered, given, or done, until a final judgment or decree 

 shall have been pronounced in such suit, and shall have been duly per- 

 formed, and all costs paid, in case such person or persons shall be a party 

 or parties in such suit, or until the trial of such suit shall have been con- 

 cluded, in case such person or persons shall be a witness or witnesses 

 therein : Provided always, that, if any person or persons, so apprehended as 

 aforesaid, shall enter into a bond recognizance to any such justice of the 

 peace or commissioner, with two sufficient sureties, to the satisfaction of 

 such justice of the peace or commissioner, or the said courts, conditioned 

 to obey and perform such process, writ, order, judgment, decree, or act, as 

 aforesaid, then and in such case it shall and may be lawful for the said 

 justice of the peace or commissioner, or the said courts, to discharge 

 such person or persons out of custody. 



" IX. And be it further enacted, That, in case such person or persons 

 shall not perform and fulfil the condition or conditions of such recogni- 

 zance, then and in such case it shall and may be lawful for any such 

 justice or commissioner, and he is hereby required, to assign such recog- 

 nizance to the plaintiff or plaintiffs, in any suit in which such process, 

 writ, order, decree, judgment, or act, shall have been issued, made, deliv- 

 ered, given, or done, who may maintain an action in the said courts in his 

 own name against the said sureties, and recover against such sureties the 

 full amount of such loss or damage as such plaintiff shall prove to have 



