IMAGE EVALUATION TEST TARGET (MT-3) // ^ >i %^^ ^ -*>^ 1.0 1.1 ■aiM 12.5 Ui Itt 122 w u^ ■■■ :^ U£ 12.0 111 11.25 i 1.4 Photographic Sciences Gorporalion \ iv 4 •N? :\ \ V 23 WIST MAIN STUET WEBSTER, N.Y. MSSO (716) •72-4503 ;\ CIHM/ICMH Microfiche Series. CIHIVI/iCMH Collection de microfiches. Canadiarr Institute for Historical IMicroreproductions / institut Canadian da microraproductions historiquas Tachnieal and Biblioflraphie NotM/Notas taehniquaa at bibliographiquaa Tha Inatituta haa attamptad to obtain tha baat original copy avaiiabia for filming. Faaturaa of thia copy which may ba bibliographically uniqua. which may altar any of tha imagaa in tha raproduetion. or whieh may aignificantly changa tha uaual mathod of filming, ara chaekad balow. □ Colourad covara/ Couvartura da eoulaur r~n Covara damagad/ D D D Couvartura andommagAa Covara raatorad and/or laminatad/ Couvartura raataur^a at/ou palliculia Covar titia miaaing/ La titra da couvartura manqua Colourad mapa/ Cartaa giographiquaa an couiaur Colourad inic (i.a. othar than blua or black)/ Encra da couiaur (i.a. autra qua blaua ou noira) □ Colourad plataa and/or iliuatrationa/ Planchaa at/ou iliuatrationa an couiaur Fy^ Bound «vith othar matarial/ LlJ Rail* avac d'autraa documanta D D D Tight binding may cauaa thadowa or diatortion along intarior margin/ Lardiura aarria paut cauaar da I'ombra ou da la diatoralon la kmg da la marga inlAriaura Blank laavaa addad during raatoration may appaar within tha taxt. Whanavar poaaibla. thaaa hava baan omittad from filming/ II aa paut qua cartainaa pagaa blanchaa ajoutiaa lora d'una raatauratlon apparaiaaant dana la taxta, maia, loraqua cala Atait poaaibla, caa pagaa n'ont paa *t« fiimAaa. Additional commanta:/ Commantairaa auppMmantairaa: L'Inatitut a microfilm^ la maillaur axamplaira qu'il lui a 4tA poaaibla da aa procurer. Lat details da cat axamplaira qui tont paut-Atra uniquaa du point da vua Mbliographiqua, qui pauvant modif iar una imaga raproduita. ou qui pauvant axigar una modification dana la mAthoda normala da filmaga aont indiquAa cl-daaaoua. r~n Colourad pagaa/ Pagaa da couiaur Pagaa damagad/ Pagaa andommagAaa Tl ta □ Pagaa raatorad and/or laminatad/ Pagaa raatauriaa at/ou paliiculAaa Pagaa diacolourad. stainad or foxad/ Pagaa dicoiorAas, tachatiaa ou piquias □ Pagaa datachad/ Pagaa ditachAat r^y' Showthrough/ LJ Tranaparanca pn Quality of print variaa/ Qualiti inigala da I'impraaaion Includaa aupplamantary matarial/ Comprand du matArial aupplAmantaira Only adition avaiiabia/ Sauia Mitton diaponibia l» o O b4 th al oi fit ail Of D Pagaa wholly or partially obacurad by arrata •lipa, tiaauaa, ate. hava baan rafllmad to anaura tha baat poaaibla imaga/ Laa pagaa totaiamant ou partiallamant obacurciaa par un fauillat d'arrata. una palura. ate. ont kik filmiaa A nouvaau da fapon A obtanir la maillaura imaga poaaibla. Tl al Tl M di an b« rij ra m Thia itam la filmad at tha reduction ratio chaekad balow/ Cade 10X icum •nt aat f il mA au taux da 14X rMu etion 18X indi( luAe i-daa •oua 22X 28X aox y 12X itx »X 24X 28X 32X TIm eopy fUmad Imt* hat bMn raproduMd thanks to tha oanarosity of: SMninaiyof Library L'axamplaira fllm4 fut raproduit grioa A la O*n«roslt« da: S4miiMira d« Qu4bM Tha Imaflaa appaarins hara ara tha poaalbia eonaMaring tha GondMon of tha original copy and In k aap i ng filmlnfl cantraet apaolfleatlona. quality iglMI tha Original eopiaa in printad papar eovaia ara fllmad baglnning with tha front eovar and anding on tha laat paga with a printad or llluatratad impraa- •km. or tha baek oovar whan approprlata. All othar original coplaa ara flhnad baglnning on tha fkrst paga with a printad or llkiatratad impraa* •ion. and anding on tha laat paga with a printad or llluatratad impraaaion. Tha laat racordad frama on aach mierofleho •hail eontaki tha aymbol — ^ Imaaning "CON- TINUED"), or tha symbol ▼ (moaning "END"), whichavar appllaa. Laa Imagaa auhrantaa ont 4tA raproduitaa avac la plua grand aoin. eornpta tanu da hi oondMon at da to nattatA da I'axamptaira fllmA. at an conf ormM avac laa eondMona du oontrat da fllmaga. Laa axamptolraa originaux dont to couvartura an paplar aat ImprimAa aom fllmAa an eomman^ant par to pramiar ptot at an tarmlnant aolt par to damtora paga qui comporta una ampraima dimpraaalon ou dlNuatradon. aolt par to aaoond plat, aaton to oaa. Toua laa autraa axamptolraa origliUNix aont filmte an commandant par to pramMra paga qui comporta una ampralnta dlmpraaaton ou dlHuatration at an tarminant par to damlAra paga qui comporta una taito ampralnta* Un daa symbolaa auivants apparattra sur to damtora Imaga da chaqua mteroflcha, aaton ia caa: to aymboto -»-signifto "A 8UIVRE". to aymboto ▼ aignifto "RN". IMapa. ptotaa. charts, ate., rnay ba fHmad at diffarant raduction ratloa. Tlioaa too larga to ba antiraly included in ana axpoaura ara fllmad beginning in tha upper left hand comer, toft to riglit and top to bottom, as many framae aa required. The foltowdng dtogrema illustrate the method: ptonchea. tableaux, etc.. peuvent Atre fiimAe A dee taux da rAduietton diff Arents. Lorsque to document est trop grand pour Atre reproduit en un soul cItohA. 11 est fllmA A pertir do I'angto aupAriaur gauche, do gauche A droite. et do heut en bee. en prenent to nombre d'imagea nAcaeaaire. Laa diagrammea auivants IHustrant to mAthode. 1 2 3 1 2 3 4 5 6 ^mmfrr-^f iijil iijuMMCwwW— *f'>**'i— ff* ■V«i'"i II '■ i*«J^W " *Wi » t m i ■■ ■ i .i.j w . *^»«Bg «jjj i . ■u..ajum»j i ^ ^^'i^'M W. -JU^p^iJ Sg cassss V O H K; IAW PRIMTfP: TO THJ: >vlNQ'» MQST EXqEUKNT MAJESTY, T-L "''••*"^'"fe--<^- ^'yil li « * M? iifeiBI H it >i ai tTwrftr ». M^ . c Ci M. ;i^»* OiO. A *i*i :-avV .aA isiii'fi'^ -'H'r 1^ T^> ■v..> •o.-n-r'^.^" :■»•*!' It. iQ ;^||-«i%. .f' '■». »'*■'♦* ■ 'V;';ir»> «>|l*'»: '•«.^'>! ■♦ .it' v- i ♦It-**' *i ■; '*H» *ii.r^,s «^ ' ^-i ^^ i mi . \-. -'-„,« .1 El #v._ ^^^ I I. » '■ ,t •[[•" | -" i n I . n « •^ IN THE FOURTEENTH YEAR OF THE itEICN OF GEORGE THE THIRD. t>< J V. lis i iti ■ft '»«fl .* ' CHAP. LXXXIII. An ACT for making more effeBual Provijionfor the Government of the PrO" vince of Quebec in North America. WHEREAS his Majefty, by his Royal Proclamation, bearing date the feventh day of Otlober, in the third year of his reign, thought fit to declare the provilions which had been made in refpe6l to certain countries, territories, and iflands in America^ ceded to his Majefty by the definitive treaty of peace, concluded at Parti, on the tenth day of February one thou- faiid feven hundred and fixty-three : And whereas, by the arrangemenu made by the faid Royal Proclamation, a very large extent of country, within which tnere were feveral colonies and fettlements of the (ubjeds of France, who claimed to remain therein under the faith of the i'aid treaty, was left, without any provilion being made for the adminiftration of civil governmenc therein ; and certain parts of the territory of Canaif a, where fedentary fiflie^ ries had been eftabliihed and carried on by the fubje^ls of France, inhabi- tants of the faid Province of Canada, under grants and conceflions from the Government thereof, were annexed to the Government of Newfoundland^ and thereby fubje6ted to regulations inconfiftent with the nature of fuch iifh. eries :' May it therefore pleafe your moil excellent Majefty that it may be ena&ed ; and be it enaQed by the King's mod excellent Majefty, by and with he advice and confent of the Lords Spiritual and Temporal, and Commons, n this prel'ent Parliament aflembled, and by the authority of the fame. That all the territories, iflands, and ^countries in North America^ belonging to the Gr«ai fci»iH, Crown of Great Britain, bounded on the South by a line from the Bay of Cha> leiirs, along the high lands which divide the rivers that empty themfelves into the river Saint Lawrence from thofe which fall into the lea, to a point in for* ty-five degrees of Northern latitude, on the Eaftern bank of the river Coiuiecr ticut, keeping the fame latitude directly Weft, througl^ the Lake Champlaii)^ until, in the fame latitude, it meets the River Saint Lawrence ; from thence up the Eadcrn bank of the faid river to the Lake Ontario ; thei^ce through the Lake Ontario,^ and the river commonly called Niagara ; and thence along by ihe Eaftern and South Eaftern bank of Lake Erie, following the faid bank, uiuil the fame fliall be interfe^ted by the Northern Boundary, granted by the Charter of the Province of Pennfylvania, in cale the fame ihali be i'o inter* ^^ . fcaei Tcrfteritib fcelangtng to ' ■|i HTf^ ]f^fct •<:-f , .....5> -ft>i •< 1 «;?orf ^«v; ■■^ » aaaeni to the Province of Quebec. Former previ- fions nuU end InhaVituitt of Quebec may ^ofeft the Ro. Miih reU|to^y Chap. f). iW Me IbMrlfMiil jftar ef Ottrgt the T%ifi. A* D* 1774* fr£ted I and ffon Umbcc along the laid Northern and Weftern Boundaiies of the laid Province, until the faid Weitern Boundary ftrike the Ohio } But in cafe the faid bank of the faid Lake Ihall not be found to be fo mterfefcied, then following the faid bank until it Ihall arrive at that point of the faid bank %vhich (ball be neareil to the North-weilern anale of the laid Province of Penn- fylvania, and thence by a right line, to the faid North-weltern angle of the faid Province i and rtience along the Weftern Boundary of the fiid Province, un- til it (hike the fiver Ohio; and along the bank of the faid river, Weliwardf to the banks of the M iffiffippi, and Northward to the Southern boundary of the territory granted to the Merchants Adventurers of £ngland, trading to Hudfon's Bay, and alfoall fuch territories, iflands and countries, which have, iince the tenth of February, one thoufahd feven hundred'ahd ITxty •three, been made part of the Government of Newfoundland, be, and they are hereby, du- ring hi!> Majelty's pleafure, annexed to, and made part and parcel of, the Pro- vince df Quebec, as created and eftablilhed by the laid Royal Proclamation of the i'cvenih of Odober, one thoufand feven hunHredand hxty three. II. Provided always, That nothing herein contained, relative to the boun- dity of th^ Province of Quebec, ihall in any wife afiett the boundaries of any other Colony. V III. Provided always, and be it enacted. That nothing in this Act contain- ed, (hall extend, or be conftrued to extend, to make void, or to vary or alter any right, title, or pofTellion, derived under any grant, conveyance, or other- wile howroever,of or to any lands within the laid Province, or the Provinces (hereto adjoining ; but that the fame (hall remain and be in force, and have effect, as if this ad had never been made. * IV. And whereas the provilions, made by the faid Proclamation, in ref- * pert to the civil government of the faid Province of Quebec, and the pow- * eri and authorities given to the Governor and other Civil OHicers ot the laid * Province, by the grants and commillions iflued in conCequence thereof, * have been found, upon experience, to be inapplicable to the itate and cir- * cumltances of the laid Province, the inhabitants whereof amounted, at the ' conqueft, to above iixty-five thouiand perlons proieliing the religion of the * Church of Rome, and enjoying an eltabliihed forin of conititution and ' fyftem of laws, by which their perlons and property had been proteded, * governed, and ordered, for a long leries of years, from the firit eltablilH- * nient of ^he faid Province of Canada;" Be it therefore further enaded by th^ a^lthority aforefaid. That the faid Proclamation, fo far as the fame relates to thfe faid' Province of Quebec, and the commiifion under the authority iDithereof the government of the faid Province is at prefent adminiitered, and all and every the ordinance and ordinances, made by the Governor and Coun- cil of Quebec for the time being, relative to the civil government and ad- miniftration of juftice in the faid Province, and all commillions to Judges and other Officers thereof, be, and the fame are hereby revoked, annulled, and made void, from and after the firft day of May 'one thoufand leven hundred and feventy.five. ' * V. And, for the more perfeft fecurity and eafe of the minds of the in- * habitants of the faid Province,' it is hereby declared, that his Majeily's fub- jeds, profelDng the religion of the Church of Rome of and in the faid Pro- irince of Quebec, may have, hold and enjoy, the free exercife of the reli- £ioa of the Church of Rome, fubjeft to the King's fupremacy, declared > and :i (fh^* 88< J* < refuiing to take the oath required by the laid Itatute palled in the firft year of he reign of Queen Elizabeth. VIII. And be it further cnafcted by the authority aforefaid. That all his Majefty's Canadian I'ubjefcis within the Province of Quebec, the religious Or- ders and Comm jnities only excepted, may alfo hold and enjoy their property and poifeiTions, together with all cuftoms and uf'ages relative thereto, and all other their civil rights in as large, ample, and beneficial manner, as if the faid Proclamation, Commiilions, Ordinances, and other A6ts and Inftruments, hatt not been made, and as may coniilt with their allegiance to his Majelty, and fubje^iion to the Crown and Parliament of Great Britain ; and that in all matters of controverfy, relative to property and civil rights, relbrt (hall be had to the Laws of Canada, as the rule fur the decilion of the fame ; and all Caufes that ihall hereafter be inftituied in any of the Courts of Juftice, to be appointed within and for the faid Province by his Majelty, his heirs and fuc- ceffors, ihall, with refpett to fuch property and rights, be determined agree- ably to the faid Laws and Cuftoms of Canada, until they ihall be varied or altered by any Ordinances that ihall, from time to time, be paffed in the faid Fsevince by the Governor, Lieutenant Governor, 01 Commander in Chiefs ' •• - (0$ III. No perfon fie» felling the Ke- BiiOi tcli|ion ebli|ed to uke the eaih oi i Elit. { but to take, the f«U lewiai Oailt. Cinadian fob- je&» (rcligioM Orders MceBt* ed) may bold all their poffef.^ lioi», &6, IV. Owncn of |«odi may ilU mate by will, *e. Criminal Law of England ta be continued in the frovince. Hit Majefty ■lay aopoint a C«uncil| tee. CUdp. 83/ In the 'Fourteenth year ef George the Third, A. D. 1774. for the time being, by and with the advice i'nd confent of the LegiHative Council of the fame, to be appointed in manner herein after mentioned. '^ IX. Provided always, That nothing in this A61 contained Ihall extend, or be condrued to extend, to any lands that have been granted by his Majelty, or (hall hereafter be granted by his Majefty, his heirs and fuccellors, to be holdcn in free and common foccage. X. Provided alfo, That it (halt and may be lawful to and for every perfori that is owner of any lands, goods, or credits, in the faid Province, and that has a right to alienate the faid land^, goods, or credits, in his or her life-time^ by deed of fale, gift, or otherwii'e, to devife or bequeath the fame at his or her death, by his or her lad will and teftament ; any Law, Ufage, or CuUom, heretofore or now prevailing in the Province, to the contrary hereof in any wife notwithllanding ; fuch will being executed, either accorciing to the Laws of Canada, or according to the forms prefcribed by the Laws of England. * XL And whereas the certainty ahd lenity of the Criminal Law of Eng. * land, add the benefits and advantages rcfulting from the ul'cof it, have been * fenfiblyfblt by the inhabitants, from an experience of more than nine years, * during wHich it hai been uniformly adminiftered ;' Be it therefore further en- a6led by the authority aforefaid. That the fame fhall continue to be adminif- tered, and fhall be obfervcd as Law in the Province of Quebec, as well in the defcription and quality uf the ofi'ence as in the method of proiecution and trial; and the punilhments and forfeitures thereby inflicted to the excludonof dvery other rule of Criminal Law, or modeof proceeding thereon, which did or might prevail in the faid Province before the year of our Lord one chouf'and feven hundred and (ixty-four; any thing in this Ad to the contrary thereof in any ref'ped notwithftanding ; fubjed nevertheleis to fuch alterations and amendments as the Governor, Lieutenant Governor, or Commander in Chief, for the time being, by and with the advice and confent of the Legifla- tive Council of the faid Province, hereafter to be appointed, fhall, from time to time, caufe to be made therein, in manner herein after direded. * XIL And whereas it may be necefliary to ordain many regulations for the * future welfare and good government of the Province of Quebec, the occa. * fions of which cannot now be forefeen, nor, without much delay and in- ' convenience, be provided for, without intrulling that authority, for a cer- * tain time, and under proper reflri6tions, to perTons relident there ; And * whereas it is at preient inexpedient to call an Aifembly ;' Be it therefore en- aded by the authority aforefaid. That it fhall and may be la\^ 1 il for his Ma- jefty, his heirs and lucceflurs, by warrant under his or their Signet or Sign Manual, and with the advice of the Privy Council, to conltitute and appoint a Council for the affairs of the Province of Quebec, to conlift of fuch per- fons relident there, not exceeding twenty -three, nor ic is than leventeen, as Ins MajeAy, his heirs' and fuccefibrs, fhall be plea fed to appoint; and, upon the death, removal, or abfence of any of the Members of the faid Council, in like manner to conflitute and appoint fuch and fo many other perfon or perfons as fhall be neceffary to fupply the vacancy or vacancies ; which Council, to ap- pointed and nominated, or the major part thereof, fhall have power and au- thority to make Ordinances for the peace, welfare, and good government of the faid Province, with the confent of bis Majefty's Governor, or, in his abfence, uf the Lieutenant Governor, or Commander in Chief for the time being* 'GauiffAi^ «s ^^l*:i;trf'^''.>•i Jii«<»4,- f.'tf«w, ^ *«»**» v i/ '^ ^a* ^.a^ #1: XIU. (* .'■• 0' Ti'irff-*:'!, v'-!- '^f George the Third. 'A. D, 1774* V. X I I I. I'ruvi'Jfd iji\\ -i> ■, Thji r(ulijii)i in this Ad contained (hall extend to a\ii!u)ri/.e or iiiipuwci tlx. iuid Lc^itlattvc Council lo'lay any tunics or duiica witliii) the laid I'rovincc, luch rates and taxes only excepted, as the inhabitants of any town or dillrict wiinin the laid Province may be authorized by the (aid Council to airds, levy, and apply* within the laid town or diltrict, for tie purpofe of makin^ roads, erehling and repairing public buildings, or for any other purpole rclpecling the local convenience and oeconuniy of f'uch town or diltrict. XIV. Provided alfo, and be it cnafclcd by the Authority aforefaid, That e- very ordinance f'o to be made, (hall, within lix months, be tranfmitted by the Governor, or, in his abl'ence, by the Lieutenant Governor, or Commander in Chief for the time being, and laid before his Majclly for his Royal Approbati* on ; and if his Majclly Ihall think fit to difallow thereof, the fame Ihall cealie > and be void from the time that his Majelly's Order in Council thereupon fhali be promulgated at Quebec. XV. Provided alfo. That no ordinance touching religion, or by which any puniihment may be inflided greater than fine or imprilonment for three months, Ihall be of any force or efi'eiil, until the fame fhall have received hi4 Majelly's approbation. XVI. ProvidtHl alio. That no ordinance (hall be pafled at any meetii>g of ^'»«'>Of'>'n«n the Council whore lefs than a majority of the whole Council is prefent, or at p*fledby anl any lime except between the fird day of January and the firll day of May, un- J""''" lels upon lome urgent occalion, in which cafe every Member thereof refiaent at Quebec or within fifty miles thereof, (hall be perfonally fummoned by the (.Governor, or, in his abfence, by the Lieutenant Governor, or Commander in Chief for the time being, to attend the fame. XVn. And be it further enafcted by the Authority aforefaid. That nothing herein contained (hall extend, or be conflrued to extend, to prevent or hinder his Majeliy, his heirs and fuccefl'ors, by his or their Letters Patent under the Great Seal of Great Britain, from ereding, condituting, and appointing fuch courts of criminal, civil, and ecclefiadicaljurifdidion within and for the faid Province of Quebec, and appointing, from time to time, the judges and offi- cers thereof, as his Majefly, his heirs and fucceflors, fhall think necell'ary and proper for the circumftances of the faid Province. XVII L Provided always, and itis hereby enabled, That nothing in this A£t contained fhall extend, or be conflrued to extend, to repeal or make void, within the faid Province of Quebec, any Aft or Afts of the Parliament of Great Britain heretofore made, for prohibiting, reflraining, or regulating the trade or commerce of his Majelly's Colonies and Plantations in America ; but that all and every the faid Acts, and alfo all Acts of Parliament heretofore made con- cerning or refpecting the faid Colonies and Plantations, fhall be, and are here by declared to be, in force, within the faid Province of Quebec, and every part thereof. tK-Uii-^3J^Kif,i?: fi-ji *!? «v 9HAP. LXXXViri, VI. r Certain dutlti impofcd by hit Rioft Chriitian M'jeftjr upon rum, brindjr, Ac. impoited Inio yuebect fa be difcontU nuid, &nj in Stead thj following Dutiei to be paid. •*4 ■' Ratei deemed Sterling money of Great Bri. tain { how to bs le. ♦ted, &c. Chap. 88. /» Me Fourteenth year 9/ Georgi the Third, A, D. 1774, CHAP. LXXXVIII. An ACT t» ejlahlijh a Fund towards further defraying the Charges 0/ the Admi' nifty atif^n of Jujlice^ and Support of the Civil Government wthm the Frovinco fij Quehee, in America, * VI/HEREAS certain dutie* were impofed, by the authority of hit Moft ChriOiaa * *' Mttjcdy, upon wine, rum, brandy, £aii if Trr and form, and by iuch rules, ways and means, and under fuch penalties and foifei- * tures, excepl in (itch cafes where any alteration is made by this Aft, as an) other du- ties payable to his Mtht Teurteea^ par of Qtvrgt iki Third. ^ A. D.''tfpk. ^m- d rates }efVy'a Guftoma, into Ihe banoa of hta M. jei- liy'aReeeivcr General in the faid Province for the time being, and (hail Ic applied, in the iirfi place, !• nnaitingi more eertain and adequate provifion, towarda dcbtaying the expenceaol the admioiSralion of juflice, and ol the fuppoit of civil government in the raid Province : ami thatihciLord High Treafurer, or Commiflionera of bia Majefty'i Treifury, or any three or more oi them for the time being, Iball be, and ia or are hereby impoiiered,>from tine to time, by any warrant or wrranta under his or their hand or;banda, to caufe ftich money to be applied out of the faid produce of the faid dutiea.towarda dcfiraying the faid cxpcncea { and that the icfidue of the laid duties (hall remain and bereierved in the bands of the faid .Receiver General, ior the future difpofition of Parliament. < 111. And it ia hereby further ehaAed by the atithorily afurefaid. That if any fooda chargeable witit any of the faid duties herein before i mentioned, (hall be iDUght into the faid Province by land carriage, the iame (hall pafa and be carried il^rcugh ihe port oi Saint John's near the River Sorrel ; or if luch goods (hall be brought into the faid Province by any inland navigation, other than upon the River Saint Lawicnre, the Ume iliall pafsand be carried upon the faid River Sorrel, by the (aid port, and (hall be there entered with, and the faid refpeAive rates and duties paid for the fame, to fuch Officer or Officers of his M^jeliy's Cufi ms aa fliall be there appointed for that purpofe ; and if any fuch gooda coming by land carriage, or inland navigation, as utorcfaid, (hall pais by or beyond the faid pljce before named, without entry in payment of the faid rates and duties, or (hall be brought into any part of the laid Province, by or through any other place whutfoever, the faid goods lliali iie (orteited ; and every perfon who ihatl be aflifiing, or otherwife concerned in the bringing or removing I'uch goods, or to whole hands the fame (hall come, knowing that ih'-y were brought or removed contrary to this AA. (hall forfeit treble tirie value of fuch goods, to be eRimated and computed according to the bed price that each refpeHive commodity bears in the town ot Quebec, at the time fuch offence (hall be committed ; and all the horfes, cattle, .boats, veiTels, and other cariiages whailoever, made ufe of in the removal, carriage, or conveyance of fuch goods, (hall alio be forfeited and loft, and iiiall and may be feized by any Officer of bisMajeny'sCultoins, and proiecuted, as.herein after mentioned, IV. And it is hereby further enaAed by the authority aforefaid. That the faid penalties and forfeitures by this AA infliAed, (hall be (ued for and profecuted in any Court of Admiralty, or Vice Admiralty, having jurildiAion within the faid Pro« vince, and the lame (hall and may be recovered and divided in the fame manner and form, and by the lame rules and regulations, in all refpeAs, as other penalties and foifeiturea for offences againfi the Laws relating to the cuftoms and trade of his Ma« jelly's Colonies in America (liall or may, by any AA or AAi of Parliament, be (tied lor, profecuted, recovered, and divided. V. And be it further enacted by the authority aforefaid. That there (hall, from and after the fifth day of April, one ihoufand feven hundred and feventy five, be railed, levied, colleAed and paid unto his Mnjefiy's Receiver General of the (aid Piovince, for the ufe of his Majefty, his heirs and fucceflbrs, a duty of one pound fixteen (hillings Sterling money of Great Britain, for every lirence that (hall be granted by the Governor, Lieuteoant Governor, or Commander in Chief of the faid Province, to any perfon or perfons fur keeping a houfe or any other place of pub> lie entertainment, or for the retailing wine, brandy, lum, or any other fpirituoua 1 quors, within the laid Province ; and any perfon keepit>g any furh houfe or place Ol euteitainmem, or letaiiing any fuch liquors without fuch licence, iiuU forfeit B and .i> fir ever/ of« fwec. Not to make «eid French tereiHMit Ac. Treble coftt. SttflMlmed and amtndtJ, 15 Geo. 3. c. ♦>• Chap. 98. /» Me fourUcnth ftar of George the Third* A. D* 1774^ and pay the fum of ten pounds for every fuch offence, upon conviAion thereof ; one moiety to fuch perfon at (bill inform or profecute for the fame, and the other moiety (ball be paid into the hadda of the Receiver General of the Province* for tb« u(e of hit Majefty. VI. Provided always. That nothing herein contained (hall extend, or be conArued to extend, to difcontinue, determine, or malce void, any part of tlw territorial or cafual revenues, fines, rents, or profits whatfoever, which were refer ved to and be- longed to his moft Chriftian Majefty, before and at the time of the conqueft and furrender thereof to his Majefty the King of Great Britain ; but that the lame, and every of them, flaall remain and be continued to be levied, colleAed, and paid in the fame manner aaif this AA had never been made- j any thing therein contained to the contrary notwithftanding» VII. And be it fuither enaAed by the authority aforefaid. That if any aAionor fuit (hall be commenced againft any perfon or perfons for any thing done in purfu- ance of this AA, and if it (hill appear to the Court or fudge where or before whom the fame (hill be tried, that fuch aAion or fuit is brought for any thing that was done in purfuance of and by the authority of this AA, the defendant or defendants (hall be indemnified and acquitted for the fame ; and if fuch defendant or defendants (hall be fo acquitted, or if the plaintiff (hall difcontinue fuch aAion or fuit, iuch Court or Judge (ball award to the defendant or defeodanta tireble coHi. v% ,5;{K V«C)r 'M!K' Ii Hi r.C: t '*• '•;• ■<(»?• -i: u;.q' ,<■!" /. V iy'l'.y- ••■.. . ,■ , .. . .-. ,,. , . , ._; .'i ht ',;■ . ».,''Jj' '■fi.'V '^\!■■f^.■v^,-^.:^■^^ . :j' ': fh^ . .. .;•" ' '■ , ,ivj rjn>. 1;^'- ■ '"" ■■ ■ .■:'-'■•■% *"'''^ . '' V;i' '? ' ?'? 4f;'' %'->tU^ "^tfyil 't"!\ '.' I '-,,:>":,: J -:!«•»«}' . ' ^t;.^c:'.^ wVw ■■ .r-a ; ■■- ■ ' -i v . -j , rv. -TV {>■■> ;^- "t'-' ii:'v ;m i-!>:Tv ^-!'i " -< ' < -i 's'^l-ti-i ,.t iiin: «> ti.i~ii'»'- '->'■'■ 'i f;f..,.: ,!>;-.;! ^: -v: •: : ; • > ■:■ . ■ .. .■ ■• -■ • V' 'f.. •■J'^j*!^) ;>v. ■ '. •: ' ■ ::' . .■■ •^•<^^ i-„' v.'i, » ; -■r-ii:'-; ., ., L '■'»• .; i.' v>i /:.»,- ..- .) ' • ' ■ '. - ' '^ '■■■■ , I 1'- - i i--i: I. '.ivijt;.;) ' t .-■■■ .>), :.ff> .vjj ^m thcAdi ^! .- ui ■■ -■ >% ' -i. ■ ■■ ■ .r -mt vince M goods, into th ■1 port of the fai( 1 / ' «^MJ('ViC. -i^. ' . '.;* ,1 Mi "''a rence, 1 ..■j 1.| • -^f, «r^j I •!'('■. *.4v''j«i- -:• .1 W and (hal -' ■ '1,1 ) -■; >';iA :■, .-■( .Ifli' / - ^ ^ W fame, t , £>-■ •ivy . ■ • , .-^ un} yif ■ ) 1 for that - -">.,::3' 1 i » 1,,: -\ L, ''J/U-' . . on, as a i or payn Provinc .:'-<'\ '.< ■ . /■■> ' •<' ■ "■ ■. i ;;;1s and eve > I ... ■ '■ 'i: (,■■•', , =« ■ 1 \Si moving ■ t •!• ■' • ! '».! J.; . >t < 1. • j 1 ,. . ^ ■ 1,1' i h:,.< % brough to be ef )h' . . .* «4 .VJlJ'H''- - i Chap, 49» /» tht Fijimth year of Georgt thf Third A, D. 1775, 5^ ,^^^.^^ t . IN THE FIFTEENTH YEAR OF THE REIGN OF GEORGE THE THIRD. At the Parliament begun and holden at Wejlmin" Jiety the Twenty-ninth day oi November j in the Year of our Lord 1774, in the Fifteenth Year of the Reign of our Sovereign Lord GEORGE the Third, by the Grace of God, of Great Britain^ France and Ireland King, Defender of the Faith, &c. being the firft Seffion of the fourteenth Parliament of Great Britain. -rtl IXr- in, , •;-•.-,,-■ ViU-. fK! -f CHAP. XL. An ACT for amending and explaining an A^i^ajfed in the Jourttenth year of his Majejiys reign^ intituUdf " An AH to ejiablijh a Fund towards Jurther de- Jraymg the Charges ojthe Adminijiration oj Jvjlice^ and Support oj the Ci- vil Government within the Province of Quebec, in Amtrica." WHEREAS by an AA, pafled in the fourteenth year of his M?jefty'< reign, inti- tuled, ** An AA to eflabliih a FuntLloward* further defraying the Charges of theAdminiflralion of Juf)ice,and Support of tl e Civil Government within the Pro- vince of Quebec, in AtDerica," it is, amongfl other things, enaAed, That if any goods, chargeable with any ot the duties in the faid AA mentioned, ihall be brought into the faid Province by land carriage, the fame (hall pafs and be cairied through the port of Saint John's, near the River Sorrel ; or it fuch goods (hall be brought Into the faid Province by any inland navigation, other than upon the River Saint Law- rence, the fame ihall pais and be carried upon the faid River Sorrel by the faid port, and ihall be there entered with, and the laid refpeAive rates and duties paid for the fame, to fuch officer or officers ol his Majeily's cuftoms as fliall be there appointed ,for that puTDofe ; and if any fuch goods coming by land carriage or inland navigati- on, as aforefaid, (hail pafs by or beyond the (aid place before named without entiy ur payment ot the faid rates and duties, or (hall be brought into any part of the (md Province by or through any other place whatfoever, the faid goods (hall be forfeited ; and every perfon who (hall be alHAing, or otherwife concerned, in the bringing or re- moving luch go' df , or to whofe hands the (ame (hall come, knowirg that they were brought or removed contrary to this A£t, (hall forfeit treble the value of fuch goods, to be eOimated and computed according to the beft price that each re fpe A ive com- modity beats in the town of Quebec at the time iucb offence fliall be committed j »a " and 18. i4Gea.]. e i: ! Ill 36; ' ^ Chap, 40. />» tUt rtjteenlkytar 0/ Oeofge the Third, A,'l). 1775. and ail the horfei* cattle, boats, veffels. and other caniagei whatfoever, made ure of in the reaioval» cartiag^ or conveyance uf fuch goods, ftiall be forfeited aiid toit. and (hall and may be feixed by any officer of his Majefty's cufloras, and profecuted as therein after mentioned : And whereat there is reafon to apprehend, that the regula- tions and reilriAions contained in the fatd herein before recited claure, lb far n they lelateto the bringiag of rum, brandy, or other (pints, into the Province of Quebec by land carriage, may, without further explariatton, operate to the prejudice and dif* advantage of tne commerce carried oh with the Indians in the upper or interior parti of the (aid Ptovince • ««* your Majefty's moft dutiful and loyal fubje^s, the Com- mon* of (vieatBlitain in Parliamient affembled, do moft humbly bereech your Majef> ty that it may be eniAed ; and be iKenaAed by the King's mod excellent Majefty, by and with tha advice md confent of the Lords Spiritual and Temporal, and Com- mons in this prefeat Parliament aflembled, and by the authority of the fame. That it Hit Majefty'i (hitll and may be lawful to and for all his Majefty's fubje£is freely to bring, carry, or Bruul/, any quantity of ram, brandy, or other fpirita ; any thing conttined m the before- recited Aa of Parliament to the contrary thereof in any wife aoiwithftandiDg« - -/^r -■.^-■|ir ■ ' Ui Hi »» f. i : 2 - .in Li *.'.**• 'i -Jiii ..5?UV\\a ^.IJiVs'^'io }mruki^iu,*i iim^j-jttU'St j'»fc" l.i»rf»*n*t n rrt%tt I I >> 1 ¥!'^7 lii:^'\->\l •i J 'iU' V. -M"l *? }0 V •tsv-.{>jr OHV J I ,'■•;• ,'i \: -i'^iiif -r o> ^' :u K VI 1 .u ii 5- ^S? jW ' T'y/, .tK ,*>A '!•; v.? e/i5i.ii:*r>- hA fe-si > n»A**JM T- V<» I! A "ii 1,;'! s ,-'r< V < j>!, «: !^ '(Uuyut'i oifct .11 arnc^ *i'!} .Tj'Cj t , * / ... S 'J lU'.i' *Cj Slid! ,' ) . 5U' ^I' 1 :n' 't*» ■•JJi'f; .(..j »ur., 1; "• /•> t *^ Vi'i -iii l^i :?'>•!'' >') ha., J Ch»pi 'itV in M 'mr^frJl^^arZ»/^torgt4h4 Third* 4' «?>«> >79>^» X*^/ I ■ ) ,.^ «*.-. ''»! i'^ XII. ^Vidiintuk of the intended Provincei a Le- giflative Coun. cil and Airem- bly to be coa> fiitutedt by whofe advice liii Mjjefty may make lawi for the |overa> ment of the Province. His Majefty may authoriie the Governor, •r Lieutenant Governor, of eatn Province, to fumman Members to the Legillativc Council. K9 perfon un- der II years of *£[> '» 'jjrrVv'i. ^i\?i*jii\ , i\j \0 IIL And be it further Enacted by the Authority aforefaid. That for the pur • pofeofconftituting fuch Legidative Council as aforeliaid in each of the faid Provinces refpectively, it fliail and may be lawful for his Majefty, his heirs 01^ fucceffors, by an inllrument under his or their Sign Manuai, to authorize and direct the Governor or Lieutenant Governor, or perfon adminiftering the G07 vernment in each of the faid Provinces refpectively, within the time herein- after mentioned, in his Majeily's name, and by an inftrument under the Great Seal of fuch Province, to iummon to the (aid Legiflative Council, to be cflab-v lilhed in each of the faid Provinces refpectively,*a fuiiicient number of difcreet and proper perlons, being not fewer than feven to the Legidative Council for the Province of Upper Canada, and not fewer than fifteen to the Legidative Council for the Province of Lower Canada ; and that it fliall alfb be lawful for his Majefty, his heirs or fucceffors, from time to time, by an inftrument under his or their Sign Manual, to authorize and direct the Governor or Lieutenant G-overnor, giflative Council of fuch Province, delcendible according to the courfe of def- cent fo limited with refpect to fuch title, rank, or dignity ; and that every per- fonon whom fuch right ftiall be fo conferred, or to whom luch right (hall fe- verally fo defcend, (hall thereupon be entitled to demand from the Governor, Lieutenant Governor, or perfon adminidering the Government of fuch Pro- vince, his writ of fummons to luch Legiflative Council, at any time after he (hall have attained the age of twenty-one years, fubject neverthelefs to the provifions herein after contained. VIL Provided always, and be it further EnaHed by the Authority afore/aid^ That when and fo often as any perfon to whom iuch hereditary right (hall have defcended (hall, without the permiUion of his Majefty, his heirs or fuc- ce(rors, (igni(ied to the Legiflative Council of the Province by the Governor, Lieutenant Governor, or perfon adminiftering the Government there, have been abfcnt from the faid Province for the fpaceot four years continually, at any time between the date of his fucceeding to fuch right and the time of his applying for fuch writ of iumnions, if he ihall have been of the age of twenty- one years or upwards ai the time of his fo fucceeding, or at any lime between the date of his attaining the faid age and the time of his fo applying, if he (hall not have been oi the faid age at the time of his fo fucceeding ; and alfo when and fo often as any fuch perfon (hall at any time, before his applying for fuch writof fummons, have taken any oath of allegiance or obedience to any fo- reign Prince or Power, incvcry fuch cafe fuch perfon (hall not be entitled to receive any writof fummons to the Legiflative Council by virtue of fuch here- ditary rightjunlefs his Majefty,his heirs or fuccelfors, fliaW at any time think fit, byinftrument under his or their Sign Manual, to direct that fuch perfon (hall be fummoned to the faid Council ; and the Governor, Lieutenant Governor, or perfon adminiftering the Government in the faid Provinces refpectively, is hereby authorized and required, previous to granting fuch writ of fummonsto any perfon fo applying for the fame, to interrogate fuch perfon upon oath, touching the faid feveral particulars, before fuch £xecutive Council as (hall have been appointed by his Majefty, his heirs or fuccelfors, within fuch Pro- vince, for the affairs thereof. VI U. Provided alfo, and be it further Enabled by the Authority qforefaid. That if any Member of the Legiflative Councils ofeither of the faid Provinces refpectiyely, (hall leave fuch Province, and (hall refide out of the fame (or the (pace of four years continually, without the permiffion of his Majefty, his heirs or fucceffors, (ignified to fuch Legiflative Council by the Governor or Lieu- tenant Governor, or perfon adminiftering his Majefty's Government there, or for the fpace of two years continually, without the like permiffion, or the per- miifion of the Governor, Lieutenant Governor, or perfon adminiftering the Government of fuch Province, fignified to fuch Legiflative Council in the manner aforefaid ; or if any fuch Member (hall take any oath of allegiance or obedience to any foreign Prince or Power ; his feat 'in fuch Council fliall thereby become vacant. IX, XIII. Hit Majcttf ■My ann*! to btrcditwjr titl«« of honor, the right of being fummoned to the Le.; lUuve Couuil. Such dcfcendi* bie right for- feited. u4 4 4 ■■» -if If Seats in Coun* cil vacated ia tcrtaia cafck v 1' •i,>*«a mmmmimimmiitmmtm^^i fl I ■ Xr^. €hap. 31, ' In\he Thtrfy-Jirft year ^f O^rgiJhe ^ird, A. D.V791. Hereditary right! and feati fo forfeited or vacated, to re- main fufpended during the livei of the parties, but on their' deaths to go to the perfons next ^ntitied thereto. 8;ats in Coun. cil forfeited, tc hereditary rights extin- guilhed, for treafon. Queftions r«. lpc£ling the right to be Aim* moned to Coun* cil, &c. to be determined as herein mention- cd. The Governor of the Province may appoint ic remove the Speaker. Ws Majefty may authorixe the Governor to call together the Afiembly, and, for the purpofe of elening the Members, to iflfue a Procla- mation dividing *< IX. Provided al/Oi and be it further EnaBid by the Authority ahrefaid^ That in every cafe where a writ of fummohs to fucn Legiflative Council ihall have been lawftitly withheld from any perfon td whom fuch hereditary ri^ht as aforefaid ihall have defcended, by reafon of fUch ablence from the Province as aforefaid, or of his having taken an oath of allegiance or obedience to any foreign Prince or Power, and aifo in eveiry cafe wheifc the feat in fuchCoun- cil of any Member thereof, having fuch hereditary right a^ aforefaid, fhall have been vacated by reafon of any of the caufes herein before fpecified, fuch^iere- ditary right (hall remain fufpended during the life of fuch perfott, tinlefs his Majefty, his heirs or fuccelforsj fhall afterwards think fit- to direct that he be fumrtotied to fuch Council ; but that on the death of fuch' perfon fuch right, fubject to the provilions herein contained, fhall defcend to the perfon who fhall next be entitled thereto, according to the courfe of defccnt limited in the Letters Patent by which the fame Ihall have been originally conferred. X. Provided alfo, and be it Jurther EnaSied by the Authnrily aforefaid. That if any'M'e^- ber of either of the faid Legifljtive Councils Ihall beattainfed fur treafon in any court Law within dny of his Majefly's Dominions, his Seat in fuch'Council linll thereby become vacant, and any fuch Hereditary Right as afoiefaid then vefled in (uch Per- fon, or to bederived to any other Perfons through him, Ihall be utterly forfeited and extinguifhed. XI. Providedalfo, and he it further EnaScd by the Authority aforefaid. That wheneverany queffion (hall arile relpe^ting the right ot any perlun to be lummoned to either of the faid Legifl.ttive Councils rtfpeftively, or re'lpefting the vacancy of the (eat in fuch Legiflitive Council of any perfon having been fummoned thereto, every (uch queftion Ihall, by the Governor or Lieutenant Governor of the Province, or by the perfon adminiflering the Government there, be referred to Inch Legilative Council, to be by the faid Council heard and determined ; and that it Uidlt and may be lawlul either for the peifon debring fuch writ of f'urnmons, or teCpe^ting who(e feat fuch queftion (hall have arilen, or l>)r his M.;je(ty'8 Attorney General ot (uch Pro- vince in his Majefty's name, to Hppeal from the determination Ot' the faid Cuuncil, in (uch caCe, to his MJeOy in his (Parliament ol Great Britain ; and that the judge- ment thereon ot his Majefty in his (aid Parliament (hall be final and cunclutive to all intents and purpofes whatever. Xil. And be it further EnaSted by the Authority aforefaid, That the Governor or Lieu- tenant Governor of the faid Provinces relpertively, or the perfon adminiftering his MajeRy's Government therein relpe6tively, ihali have power and authority from (itiie to time, by an inOrument under the Great Seal of fuch Province, to oonflifute, ap- point, and remove the Speakers of the Legidative Councils of (uch Provinces relpec- tiycly. Xni. And be it further Enaalied by the Authority aforffuid. That, f6r the purpofe of condituting fuch Atl'embly asatoretaid, in. each ot the (aid Provtnces re('pe6tively, it lliail and may be lawful (or his Majelty, his heirs or fuccefluis, by an inflrument un- der his or their fign Manu il, to autliorize and direv#. ,t.i-"'; v#if^ni toekeeute the o(ficeo(1le> turning Officer in each of the faid OiftriAa, or Cbnntiea, or Circl«B> and Towna ot Townihipa refpcAivily : ind that fuch divKion 6f the faid Provincea into OiflriAa, orCountiet, or Circlet, and Towni or Townfliipi, Ind fuch declaration and appoint* ment of the number of Reurefentativea to be chofeh by each of the faid OiflriAa, of Countiea.or Circlea, and Towna oi Townfliipa refpe^ivelvt and alfo fuch nomination and appointment of Returning Oflicertin the fame, (ball be valid and effeAual to all the purpofea of thit AA. unlefa it (hall at any time be cftheiwife provided by any AA of the Legiflative Cornell and Aflembly of the Province, aflented to by hit Mijefly^ kit heira or fucceflbrt. XV. Provided nevertheltfs, and be itfurthtr EnaHed by tke Authority afarefaid, That the provifion herein before contained, for impowering the Governor, Lieutenant Gover* nor, or perfon adminiflertng the Government of the laid Provincea rcipeAively, ua« der fuch authority at aforelaid from hia Majefty, hia helraor (ucceflbra, from time to time, to nominate and appoint proper peiionf to execute the office of Returning Of*> ficer in the fiid DiftriAa, Counties, Circlet, and Towna orTownfhipi, (hall remain and continue in force in each of the laid Provincea refpeAivelv, for the term of two yeare, from and after the commencement of thit AA, within fuch Province, and no longer ; but fubjeA neverthelefa to be fooner repealed or varied by any AA of the Legifla- tive Council and Afliembly of the province, aflented to by bit Majefty, hia heira or Surceifors. XVL Provided always^ ttnd be it furthet Enafted by tU MHiarity ^fdrefaid, Thaf no perfon (hall be obliged to execute the (aid Office of returning Officer for any longef time than one year, or oftener than once, unlefa it (hall at any time be olherwife provided by any AA of the Legiflative Council and Aflembly of the province, af« fented to by bit Majefty, hia heira or (ucceflbrft XVII. Provided alfo, and be it EwaBed by the Authority aforefSi, That the whoI« number of Me-nbers to be cholen in the province of Upper Contra (hall not be lefs than Sixteen, and that the whole number of Membera to bechofen in the province of Laater Canada fliall not be left than fifty. XVlil. And he it further EnaSted by the Authority etfi>refaidt that writa for the EleA- ion of Memberi to ferve in thtf faid Aflembiiet relpeAively ihall be iflutd by the Governor, Lieutenant Governor, o# perfon adminiflertng hia Majefly't Government within the faid provincea refpeAiveiy, within fourteen daya after the fealing of fucH fnftrument at atorelaid for iummoning and calling together fuch Aflembly, and that fuch writa (hall be direAed to the relpeAive Returning Officera of the faid OifltiAa, or Countiet, or Circlet, and townt or townfhipi, and that (uch writt fliall be made re* turnabie within fifty dayt at fartheft from the day on which they (hall bear date, un- lefa it (hall at any time be otherwife provided by any AA of the Legiflative Council and Aifembly of the province, afllfnted to by hit Majefty, hit heira or fucceffort ; and that writt fliall in like manner and form be iifued for the eleAion- of membera in the cafe of any vacancy which fliall happen by the death of the perfon chofen, ct hf hit being fummon«d to the Legiflative Council of either Province, and that-fnihwritk (hall be made returnable within fifty daya at fartheft from the day on which they (halt bear date, unle(8 it (hall at any time be uthetwiie provided by any AA of the Legifla* tive Council and Aifembly of the Province, aflented to by hh Majefty, hia hcirt or (uccelToTa ; and that in the cafe of any fuch vacancy which (ball happen bv the death 01 Ibe peifoi> chofen^ or by leafon of hie being fo fummoned as aforcfatd, tbe writ C fot tkt Fravinc* iotQ dUtiiAi, 4kc. «8 ' 'St Power of th« Governor to •ppoiat Re« turning Officers to continue two yean from the commencement Of thit Aa. k a* Mrfen eh- liged to ferve at Rctoning OA* cer mere than once, unlefi •• therwife pro- «Mcd hy an AA •f the Province* Number tff Member* in etch Frovinc*.' Kcgutafiotit tii ifluing Writt for the Ele^oB of Membert t4 ferve in the Affemblici. M > tJ '■ * ■.■H'*^ •■ W itAA-H*- ;..«,. .■(.£.« ^- ii. ;i M Kcturninf off. c«ri M CMCute By whoa the Membcrt are M k« chol'ea. Certtia pcrfent ■ot ellMMC to «• A^abUef . -flit ■ ^ :.11U''»H .,■.,« i;. ■ ■ Htf parfen uiu 4ar ti year* of age, ice. capa. ble of voting or bf iog elcded ; for any perfoit , attainted for treafoo or ^elO'. if* v .naN tt> Voters if re- quired, to take the following Oath, mi to mike oath to the par- «kulars herein ^ tiMfltAion oft nfir MMBb«r Oitll bt iflbtdl witbin fie dtm tftcr Uit famt (hall be made known to the pcopar office for fffuiag fuch mtitt of oleAion* XIX' Amlb* ilhrtkHr EntHtd^f th JMoriN cfarejmd, Tbal all and every th« feturning Oftofialo appoinred aa aforefUd« to whoa any fuch write ai aforerata (ba^ Ipe dir4A«d, fliall, and tb«y ace bercby authpi B^d and required duly to execute Aicb write. ... . , XX. AndbeitJwrdurBnaatdbjftkt AMtkorilf ^fortftUt That the Membera fortho fcveral Didricta, or Countica* oc Circica of the faidprovincea refpectivelvi (bail bo chofeo by the Majority of Votea of fuch perfooa aa wall tevcraily be poflcflcd, for their own ufe and benefit* of laoda or. teotaenta within fuch Diftrici, or County, or Circle, aa the cafe (ball be, fuch Landa being by them held in freehold or in fief, or in , Roture, or by Certificate darived under the Authority of the Governor and Council of the province of QfuhtCt and being of the. yearly Value of forty (hillinga ilerling, or upwarda, over andrabove all rente and cbargea j^yable out of or in refpccc of thelame ; and that the Membera for the feveral towns or towofliipa within the faid provincea refpectively {ball be chofen by the majority of Votea of fuch perfonc aa either (hall feverally be poflTefledt for their own Ule and Benefit, of a Dwelimg houCeand lot of ground in fuch town or townfliip, fuch Dwelling houfe and lot of ground being by tbem held in like manner aa aforefaid, and being of the yearly Value of five pounds fterliog, or upwarda, or, aa having been refident within the faid town or townmip forthe fpaceof twelve calendar montha next before the date of the writ of fummonafor the flection, (hail bona Jidthvit paid one year's rent for the |)we]Iing houfe in which they (ball have loiebdedf at the rate pf ten pounda ftci» liog^^r Annum, or upwandi. XaIv Pttvided ahvayt, and be i^ fur^er Eaa9ed by the Authority aforefaid. That no perfqn (ball be capable ,pA being elected a Member to ferye in. either of the faid Aflfemblies, or of filtine or voting therein, who (hall be a Member of either of th« iaid'l^giilativfvG^unCMtaktlQ bf\alnbUibed aiTforefaidio the (aid twoprovinc^, or who (ball bea Mii^iller of the Cbur«h of Engf$i.d, or a Minifter, Pried, Eccleliadic, or Teacher, either according to the rites of the Church of Romet or under any othec fyrm or profeffion.of relisioua ffiitb or worfbip* : : ' ■ n XXII. /Vovided idfo, ana be it further EnaSed 6y the Authority aforefaid. That no perfoti fliall be capable ol voting at any EleAion of a member to ferve iniuchAflembly,inei» ther of the (aid pi%incea, or of ,b(ing elected iat any fucb Election,* who (ball not be of the full Age of twenty-one, yeara» and a natuval-born Subject of his Maiefty, or » Subiect othisMajelty ; naturalised by Act o( the Gritifi parliament, or a Subject of bis Mdjeny, having becomefuch by tbeCon<]i|eftandccflion of the province of C'ana(/a* XXUI* And be tt alfo ^ndf^ed byjhe Authmiy afvrefaid, That no perfon fliall be ca- pable of voting at ^ny klei^ion of a Member to ferve iq fuch Affembly, in either of the iaij^proyinceStoriQf being eleAed at any (uch £leAion» who (hall have been attain* tedfor treafoi^ pn Ceiopy in ,any .Court of Law within any of his Majefty'sdominions, or who (hall be withifi any;defcaiption of perfons dilqualified by any AA of the Legifln- tivciC I A^^B. do declare and tefiifift inihePrefence of Almighty Godt Ihat lam, to the beftofmy * Xnowledgeand Belief, ojYkeJuli Age pj. twenty one learst and that I have not voted ber, fire at this ]ue£tiaa» .: . I And that every fuch pcrTon (hal! alfo, if fo required aa aforelaid, make Oath, pre- vioiiti to hla being admitted to vote, that he is, to the beft of his Knowledg and be- lief^ dj^ly pofieifed ol fuch lands and tenements, or of fuch a Dwelling houle and lot of ground, or that he has bonafde been fo refident, and paid fuch rent for his Dwel- ling houfe, aa tntitlea bim« according to the provifiona of tbia AA, to give his vote at II fiieh llcAlott for the coiinf)r, br DfAri^ oi ilrel*»^ fer Ac twm ot lownfhtp for which K« OmU offtr tbt ftnt. XXr. ilM te if >rf A«r f^iSrtf By f*r AfWAy «/br#^. Thai ft (hill and miy be lawfftl for Ml Majefty, hit hcirt or Sueceifofft, to anfhoiise ibe Governor or Lieuien- adt'Govemor* or perfon adraiaiUcrittg the Oavemment within eicb of the fM pro- v(neflsrerpcaively,lolhi thetimt Mj^ce of holding fuch Elections, giving not leTa than eight dlytooii^ of fueh time, rabj«ct'neverthiMiito fi|cb'fkovii)ont afmay bereaftcr bemide hi thefe refpeeta by any AA of the fi^gf dative Council tndAflcm- biy of the provfnee, affented to by hla M ttefly, hil heirs or 8ucc#flors. ■ XXVI. And be il further EMt9edby the Ahikoriiy afartfaid, Th^t it (ball and may be liwrul for hia Majefty, hia heirs or Sueceffora, to authorise the Governor or Lieaten« ant Governor of each of thefaid provHneea refptctiviely, oV the perfon aHminifteriog the Government therein, to fix the placet and timea of holding the firft and every other Se(Bon of the Legiflative Council and AITembly of hich province, giving due and (uificient notice thereof, and to prorogue the fame from time to time, and to dHTolve the fame, by proclamation or otberwilev whenever he (bill judge ii oeoeflary Of fspedient. ' XXVil. Providtd alwayst and be it EnaHed by the Authority aforefmdt That the (aid Iii^K*fl>itive Council and AifcmUy, iii each of the laid provinces, fliaU be called lo> S ether onre at the le^fl in every twelve Calendar inontha, and that every Aflembly \ill contintie for lour years fro'n the day ot the return of the writs for chufiog the . fame, and no longer, fu^jfO noveithelel'sto be fooner prorogued or diflolved by the Governor or Lieutenint G ^vernor of the province, or perfon adminillering his Ma* jelly's Government therein. XXVIII. And be it further EnafeJ by iht Authority aforeftid, Thit all Qjeflions wMch ihalt arile in tbe fatd L?g;flitivi* Cotinrtls or Aifemblies refpectiveiy Ihall be decided by tlie mJoHty of voices ot fuch Meinbers as thall be pretent ; and that in all cifes where the voices (hall berqual, the Speaker of fuch Council or A(rembiy,as the cafe ihall be, ihall hive a orting voice. XXIX. Provided altvays, and be it EnaSed by the Authority aforefaid. That no Member, cither of the Legiflative Council ur AiTembly, in either of the laid Provinces, Qiall be riermitted to fit or to vote therein until he (hill have taken and fubfcribed the foN owing oath, either before the Governor or Lieutenant Governor of fuCh Province, or perfon adminiftering the government therein, or before I'vime perfon or perfona au- thorized by the faid Governor or Lieutenant Governor, or other perfon as aforefaid, to adtninifter fuch Oath, and that the fame (hall be adminiftered in the English or French Language, aa the cafe (hill require : ¥ A. B.«fo^iif ere/y promt fe and [wear ^ That I will be faithful, and bear true Allegiance to ■* " hi J Majefly Kin^ George, as lawful Sovereign of the Kingdom of Great Britain, and of thefe Provinces dependant on and belonging to thefaid Kingdom ; and that I will defend him to tmt utmo^ of my power againfl all traiterous con/piracies and attempts whatever whiehjhall be made agamjlhis Perfon, Crown, and Dignity i ana that I will do my utmofi endeavour to difclofe ami make knoam to his Majefy, hit heirs or fuctejfars, alt treafons and trtuterous confpiracies and at- tempts lohich I Ihall know to be againji.him, qr any of them : and all this I do fwear mthout any equivocation, mental evafum, or fecret refrrvation, and renouncing all pardons and difpenfationt from any perfon or power whatever to the iroB/ri^ry,— So help me God. XX A. And be it further EnaBted by the Authority aforefaid. That whenever any bill which his been palled by the Le^ittative Council, and by the Houfe of Affembly, in either of the faid Provinces refpectiveiy, IfaaH beprefented, for his Majefty's a(bnt, to the Governor or Lieutenaot Govenior of foch Province, or to the perfon adminiftering his Maje(l]^'s government theieia, fuch Governor or Lieutenant Governor, or perfon adminiftering the Government, (hall, and be ia hereby authorized and requited to declare, according to his difcret ion, but fubject nevertbelefs to the proviuoos con> tained in this Act, and to fucb indructiont aa may from time to time be given in that liebalf by bis Majefty, his beUs ot fucceflbrs, that ht aflcnita to fuCh bill in bis Majef- ■1 '- ' fi a ■''■ ;•■■<'!!>»«''•"'< 'i 4y*i Hii Majfitjr '' may ttitboriM ~ th( Oovtmot to At tht timi' ' ■nd plica i> - \ Mti •; ■nd af holding the feffioni ol the Ccunci. ai t Aflemblr, Ire. ' Council aai Aflambljr lob* called, io|cUii .-lA ,ii4t Governor may give or witb> hold hii Majef> ty's aflentto bills paffed by the Legiflative Council Se Kt» ftmbly, or r<. frrve them fof his ^lajefty'^ j pleafurr. * OavMMtM tr^alt WIIm SMMMryaf 8ttuiMi««|i Irop fiocb bill, OT ihathtMlnvt^ Inch hill for the ugnifteation of hit M4J«fty*t plnfaitilMrcoa. XXXU fV«vMf«r«faNy/» »4U tt fiiriktr^ u tm i V M«» Anikori^ 9fw*Md, That «|imi- cvtr any MU. which Opll h»«9 hcM f« pMf«Dt«4 fb* bU li^jtily'a aflfloi lo Ai«h Go* vcraor, Uflotcnaqt Q«if«iaor, or pw(e» ^^mloiftMiog tht 6ov«roseot,flMll, by Aiclir Qoftmor, Liciitciiani Qvvtmor, or pcrlonateinUlaKiBg tbcQovcnmifiilv have hctn. •Qimtad lo in hi# liakAjr** aMMc» fnicb Ga«OMior,Xietttcnaoi Ooveroofv or ptrlliNi «a«fM«CaM»fliaU»aQd h« i«hmfby rcfulicil, by Ihc.ficft ccMMrtoicol oMoiloniiyt to f ranfiqU to one of bi« M^eAy'* P>ioclpal Sociftaiics of State an authentic oopyol fuch bill fo aflcntcd to t and that ^ (hall and may be lawful, at any. time within two. Jeara after fuch bill (hall have been (o received by fuch Sccretaiv of State, for hit i- jpAy, hia heira oi fucccffora, by bit or their order in Council, to dcclae^f hit ot their diiiillowance of fuch bill, and that fuch difallowance, together with a certifi* cate, under the hand and feal of fuch Secretary of State« tetlifying the day on which luch bill waa received u aforelaid, being fignified by fuch Governor, Lieutenant Go* veroor, oi pcifon adminiftering the goveinmeot, to the Legiflative Council and AC* icmbly of tuch Province, or by proclamation, (hall make void and annul the fame^; from and alter the date of fuch Jignification. XXXII. And kt UJurther EnoRed by the Authority ajwtjaid^ That no fuch bill, which fhall be fo referved for the iignification of his Majelty's pleajfure thereon, (hall have any force or authority within either of the faid Provinces refp'etlively, until' the Governor, or Lieutenant Governor, or perfon adniini- ; ftering the government, (hall fignify, either by fpecch or meflage, to the Le* ' giflative Council and Airembiy of luch Province, or by proclamation, that luch bill has been laid before his Majelty in Council, and that his Majefty hu been pieafed . to afl'ent to the fame ; and that an entry (hall be made, in the Journals of the faid Legiflative Council, of every fuch fpeech, mefliage, or pro- clamation ; and a duplicate thereof, duly atteiled, ihall be delivered to the pro> per officer, to be kept amongft the public records of the Province : And that no (uch bill, which fhall be fo referved as aforefaid, fliall have any force or ' authority within either of the faid Provinces refpedively, unlefs his Majefly's aflent thereto fhait have been fo fignified as aforefaid, within the fpace of two, years from the day on which fuch bill fhall have been prefentedfor his Majef- ty's affent to the Governor, Lieutenant Governor, or perfon adminiftering tho government of fuch Province. XXyiWl. Andht itjurthtr EnaSed b^ the Authority aforefaid^ That all laws, (latutes, and ordinances, which fhall be in force on the day to be fixed in the manner herein-after directed for the commencement of this Ad, within the faid Provinces, or either of them, or in any part thereof ref pe£\ively, fhall remain and continue to be of the fame force, authority, and eft'etl, in each of the faid Ptovinces refpedively, as if this A£l had not been made, and as if the faid Pro* vince of Quebec had not been divided; except in fo far as the fame are ex- prefsly repealed or varied by this A6I, or in fo far as the fame fhall or may here* after, by virtue of and under the autfiority of thbj\£t^ be repealed or varied by his Majefty, his heirs. or fucceffors, by and wi(b the advice and co/iient of the Legiflative Councils and AfTemblies of the faid Provinces lefpedively, or in fo far as the fame may be repealed or varied by fuch temporary laws or ordi- nances as may be made \^ the manner herein-after fpecified. XXXIV. And whereas by an ordinance paffed in the Province of Que- bec, t^ Governor and Council of the faid Province were conflituted a Court of Civil jurifdidion, for hearing* and^ (||terinining appeals ih certain cafes therein fpecified, be it further enafied by the authority afore£aid, That the Go- Lawi in force at the com- Btenccment of this A£k to coa tinue fo, except repealed or va- ried by it, &c. l-n*; -ii Iftaitiihment •fa Court of Civil JurifdiAi. •It in each pro< viaco. m vernor. that vemoiv ovLicMenMN Governory ot pctfon adminifleyiin the gm v tmmuwk d§ ntk of the fftid Pr»vMiM» ie(f«6ivriy, together with fuod ExtCNiM^i Ciouti^ eiku ihall^ be appointed by his Maje% for the affairs of fuch Frovinte, ftall be a Court of Civil Juri«hereas by his Majeity's Royal InltruCUons, given un. der his Majeity's royal lign manual on the third day of January, in the year of our Lord one thouiaiid i'even hundred and lieventy-five, to Guy Carleton £f- quire, now Lord Dorchellcr, at that time his Majeity's Captain General and Governor in Chief in and over his Majeity's Province oi Quebec, his Majelty waspleared,amonglt other things, to direct, ** That nu incumbent profelling the religion of the Church of Rome, appointed to any parilh iii the faid' Province, Ihould be entitled to receive any tytlies for lands or poH'eflions occupied by a Proteltant, but that luch tythes Ihuuld be received by fuch< perfons as the laid Guy Carleton Elquirc, his Majeity's Captain General' and Governor in Chief in and over his Majeity's (laid Province of Quebec^ (hould appoint, and Ihould be referxed in the hands of his Majeity's Re* ceiver General of the laid Province,for the fiipport of a Proieftant Clergy in his Majedy'sfaid Province, to be actually relident within the fame, andt not otherwife, according to luch directions as the faid Guy Carleton £f- quire, his Majeity's Captain General and Governor in Chicl in and over hisp Majeity's faidf Province, Ihould receive from his Majelty in that behalf; and' that in like manner all growing rents and protits of a vacant benefice fhould, during fuch vacancy, be rcCerved for and applied to the lilteufes:" And whereas his Majeity's pleafure has likewife been iignitied to the fameef-' fe6t in his Majeity's royal inltrudions, given in like manner to Sir Frederick Haldimand Knight of the molt Honorable Order of the Bath, late his Majef- •y's Captain General and Governor in Chief in and over his Majeity's faid Province of Quebec ; and alFo in his Majeity's royal initrudions, given in like manner to the faid Right Honorable Guy Lord Dorchelter, now his Maje^i ty's Captain General and Governor in Chief in ajid over his Majeity's laid' Province of Quebec ; be it enacted by the authority aforefaid, That the faid declaration and provifion contained in the faid above-mentioned A&, and alfo » tacli provuice t ttM att MAM •• riini fraakiycb •UoiraeMaio Stt purpofe * SbMkjeAy ntf authorise the Cojeniot, witk #a#^icMa OM^.St* iniki^ fk^r^r^ fm^ Cmp ^ THHj^^ A Ih tffU^ XJM/ ovince in tivelyior the perfon adminiftering the government therein* from time Co timet with the advice of fuch £xecutive Council ai (hali have been appointed by hii Majefty, his heirs or fucccflbrs, within fuch Province, for the affairs thereof^ to conftitute and ercd« within every townlhip or parifli which now i» or here- after may be formed, conftituted, or erefked within fuch Province, one or more Parfonage or Redory, or Parfonages or ReQories, according to the eftablilh< ment of the Church of England ; and from time to time, by an inftrument under the Great Seal of fucn Province, to endow every fuch Parfonage or Redory with fo much or fuch part of the lands fo allotted and appropriated a« aforefaid, in refped of any lands within fuch townfliip or parilh, which (hall have been granted fubfequent to the commencement of this Ad, or of fuch lands as mav have been allotted and appropriated for the fame purpofe, by or in virtue ot any in(lru6lion which may be given by his Majefty, in refped of any lands granted by his Majefty before the commencement of this Ad, as fuch Governor, Lieutenant Governor, or perfon adminiftering the Government^ (hall, with the advice of the faid Executive Couucil, judge to be expedient un- der the then exifting circumftances of fuch townftiip or parifli. XXXIX. And be itjurther EnaSed by the Authority ajorejaidy That it fliall and may be lawful for his Majefty, his heirs or (ucceflors, to authorize the Go- vernor. Lieutenant Governor, or perion adminiftering the government of each of the faid Provinces refpedively, to prelent to every fuch Parfonage or Rec- tory an incumbent or minifter of the Church of England, who ihail have been duly ordained according to the rites of the faid Church, and to fupply from time to time fuch vacancies as may happen therein } and that every perfon fo prefented to any fuch parfonage or redory, (hall hold and enjoy the fame, and all rights, profits, and emoluments thereunto belonging or granted, as fully and amply, and in the fame manner, and on the fame terms and conditiuns, and liable to ihe performance of the fame duties, as the incumbent of a Parfonage or Redory in England. XL. Provided alwaySf and be itJurtherEnaBedby the Authority ajorejaid^ That every fuch prefentation of an incumbent or minifter to any fuch Parfo> nage or Redory, and alfo the enjoyment of any fuch Parfonage or Redory, and of the rights, profits, and emoluments thereof, by any fuch incumbent or minifter, fliall be fubjed and liable to all rights of inftitution, and all other fpi- ritual and ecclefiaftical jurifdidion and authority, which have been lawfully granted by his Majefty's royal letters patent to the Bifliop of NovaScotia, or. which may hereafter, by his Majefty 's royal authority, be lawfully granted or' appointed to be adminiftered and executed within the faid Provinces, or either, of them refpedively, by the faid Bifliop of Nova Scotia, or by any other per* i fon or perfons, according to the laws and canons of the Church of England, which are lawfully made and received in England. XLL Provided always^ and be itjurther Enatled by the Authority aforefaid. That the feveral provifions herein-before contained, refpeding the allotment and appropriation of lands for the fupport of a Froteftant Clergy within the faid Provinces, and alfo refpeding the conftituting, erecting, and endowing Parfonages or Rectories within the faid Provinces, and alfo reipecti.ig the pre- fentation of incumbents or minifters to the fame, and alfo refpecting the manner in which fuch incumbents or minifters fliall hold and enjoy the fame, fliall be fubject to be varied or repealed by any exprefs provifions for that purpofe,. contained in any Act or Acts which may be pafl'ed by the Legiflative Council ^t and Iht iMMlIf • CMB(ll,iotrtA PufMI|«l,MA ■■••.•« 'WMI| m4 the Carer- nor I* prcfent •ncumbentt to ikam, who art 10 enjoy tht f«mc, •• incum* banit io Enf- iMdt Prefcntatteno to Farfoni|(l, and the enjojr* ment of then, to be fubieA to the jurifdiAioB granted to tho Bifliop of N9VS Scotiat ac. Provlfion, re- fpefiing the Al> lotment oflande for the fupport of • froteftant < Clergy, Sec. may be «^ie4 or repealed bf the l ting forth tha: he, me, or they is or are defiroue of holding the fame in free and com- mon foccage, fuch Governor or Lieutenant Governor, or perfon adminiftering the government, flialt thereupon caufe a frefli grant to be made to Inch perfon or per- fons of fuch lands, to be holden in free and common foccage. XLV. Provided neverthelefs^ and be it fiirther EnaSed by the Authority aforefcud. That tac\i furrender and grant ihall not avoid or bar any right or title to any fuch lands fo furrendered, or any inteteft in the fame, to which any perfon or perions, other than the perlon or perions furrendering the lame, ihall have been entitled, either in pof- feflion. remainder, or reverfion, or otberwife, at the time of fuch furrender j but that every luch furrender and grant (hall be made fubjcA t6 every fuch right, title, and intere(iT and that every (uch nght, title, or intetcft ihall be as valid and effcAual aa if fuch iiurender and grant had never been made. XLVl- And whereas by an A6t pafTed in the eighteenth year of the reign of his pteient Majefty, intituled, ** An Aft for removing all doubtsand apprehenfions con- cerning taxation by the Parliament of Great Britain, in any of the Colonies, Pro- Vinces, and Plantations in North America, and the Weft Indies ; and for repealing fo mu h of an AA, made in the (eventh year of the reign of his prefent M^iefty, as im- poles a duty on tea imported from Great Britain into any Colony or Plantation in America, or relates thereto," it has been declared, ** That the King and Parliament ** ot Great Britain will not impofe any duty, tax. or aifeifment whatever, payable iti ** any of his M;ije(iy*s colonies, Provinces, and Plantations in North America or the << Weft Indies, except only (uch duties as it may be expedient to impofe for the r«* ** gulation of commerce, the net produce of (uch duties to be always paid and ap« *' plied to and for the ufe of the colony, province, or plantation in which the fam« '* (hall be reipeAively levied, in fuch manner as other duties colleAed by theautho* " lity of the relpedive Geneial Courts or General Aflemblies of fuch colonies, pro- ** vioces, or plantations, are ordinarily paid and applied :" And whereas it is need* ftry«,for the general benefit of the iritiih Empire, that fuch power of regulation of commerce (houtd continue to lieexercifed by his Majefiy, hie hein or fucceflbrs, and the Parliament ot Great Britain, fubje6t neverthelels to the condition herein-before recited, with refpe^ to the application of any duties which may be impofed for that purpofe: Be it therefore ena6ted by the authority aforefaid, That nothing in this A^ contained (hall extend, or be conftrued to extend, to prevent or afTeA the exe- cution of any law which hath been or Ihall at any time be made by his M»jefty, his heiifi or i'ucceiiurs, and the Parliament of Great Britain, (or eftablifliing reeulationi or prohibitions, ot for impofing, levying, or colleAing duties for the regulation of navigation, or tor the reguhtiun of the commerce to be carried on between the faid two Fiovinces, or between either of the faid Provinces and any other part of his Ma- jelly's dominions., or between either of the laid Provinces and any foreign country or ilaie, or tor appointing and direAing the payment of drawbacks of foch duties fo im- poled, or to give to his M gedy, his heirs or (uccefl'ors, any power or authority, by and with the advice and cooleat of fuch Legiflative Councils and Affemblies cefpec- D trvely» fc In lower Canada it atflr- •■.",:>'. »!«; s.-'j Perfeni heldiat land* U Vpp49 Canada may Imvc freili iranti. Such frefli Grants not t*" bar Hijr rif ht «r title to tlia ' land*. > ■nV. . .i«M at Ceo. |. f« IS recited. Thii Aft net to prevent the o. peration of any A£t of Parlia. pient, eftablifli. ing prohibition* or impofing du- tiea for the re- gulation of na» vi|ation and coaamcrce, M& IIXIV. 'f€hap, 3t. Jn the Thirty-firJI ytar 9f&9fii iht ThMf^ A, J|. ly^ft Sttcb'dtttifi li» ft« applied ta theuitofih* refpeOivi Pn* viacM. :•,•-■ '^ Hit Majtftjr in Council lo lis and daclare the commenceaient of thii Aone. XLIX. Andbe it further Enaaed by the Authority aforefaid, That the time to be fixed by his Majefty, his heirs or (ucceflbrs, or under his or their authority, b> the Gover« nor. Lieutenant Governor, cr perfon adrainillerine the government in each of the faid Provinces refpeAively, for iifuing the. writs of fummons and eleAion, and calling together the Legiflative Councils and Aifemblies of each of the faid Provinces re* fpeAively, (liall not be later than the thirty firft day of December in the year of our Lord one thoufand (even hundred and ninety-two. L. Provided dhoaySf and be it further EnaRed by the Authority aforefaidt That during fuch interval as may happen between the commencement of this AA, within the faid Provinces refpeAively, and the firft meeting of the Legiflative Council and Alfembly of each of the faid Provinces refpeAively, it (hall and may be lawful for the Governor or Lieutenant Governor of fuch Province, or for the perfon adminiRering the go- vernment therein, with the confent of the major part of fuch Executive Council as (hill be appointed by his MajeOy for the affairs of fuch Province, to make temporary laws and ordinances for the good government, peace, and welfare of fuch Province, in the fame manner, and under the iiame reiiriAions, as fuch laws or ordinances might have been made by the Council for the affairs of the Province of Quebec, conftituted by virtue of the above-mentioned AA of the fourteenth year of the reign of his pre« fent Msjefty ; and that fuch temporary laws or ordinances fliall be valid and binding within luch Province, until the expiration of fix months after the Legiflative Coun- cil- 2nd Aifembly of luch Province (hall have been firft aifembled by virtue of and un- der the authority of this AA ; fubjeA nevertheleis to be fooner repealed or varied by any law or laws which may be made by his Majefly, his heirs or fucceflws, b^ aoA with the advice and confent of the faid Legiflative Council and Aflembly. *. :> !•* • ! '.:. ' ■»■ f' ift'i i i ■;■!•;» -i-J ■'t fr " -.' ■ .* .'. I Jr., to i ■ ■"' . -' i •' ;v. ■',..' ^ ■ -'i ... ■'■:■>■ . '' :. mittcd withia My of tbt la^ diaa Tcrrito- rici, ite. fliaU be tiitd in ih* fame manner as if commintA within thePr*. vinuet of Low* er or Vfgt* Cana4a. The GMTcraor of. Lower Ca* nada may cm- power perfoM to aA at Juf- ticeifortbela* dian TeniMa - riei, *c. for committing ef> lender* till coa* vcyed to Can** da for trial, )k» -• -^■^■('•ri .iJi PltUM«l Acr of trial •# f-T> iffirtiMi ,■'1 "iir XXVI. Chsf. i$B. In (he F(Mjf-ihiri ytat 6fnh¥gt ^ Thiti» Ai P. ifoj; -9. to fuch crime or oflFenee in the Province oF Upper Canada, and Ihall by any inftrument under the Great Seal of the Province of Lower Canada, dedans the fame, then that every fuch offender may and (hall be profecuted and tried '^ in the Corurt of the Province of Upper Canada), in which crimes or offences of the like nature are ufualiy tried, and where the fame would have been tried i if fuch crhne or offence had been committed within the limits of the Prf* , Vince where the fame (hall be triced undi^r this A(k ; and every offender triod and convided under this A6t, (hall be liable and fubjetl to fucn puniihment as may by any Law in force in the Province where he or (he fhall be tried be in* flitted for fuch crime or offence ; and fuch crime or offence may and (hall be laid and charged to have been committed within the jurifdit^ion of fuch Court, and fuch Court may and (hall proceed therein to trial, judgement, and execu- tion, or other puni(hment for fuch crime or offence in the famemanner in every refpe^ as if fuch crime or offence had been really committed within the \ jurifdiBion of fuch Court ; and it (hall alfo be law(ul for the Judges and ' other Officers of the faid Ctiurts to iffue Subpoenas and other Procelfes for enforcing the attendance of witneffes on any luch trial ; and fuch Subpoenas S and other Procefl'es (hail be as valid and cffeBual and be in full force and put ^ In execution in any parts of the Indian Territories, or other parts of America » out of and not within the limits of the Civil (Government df the United : States of America, as well as within the limits of either of the laid Provinces of Lower or Upper Canada, in relation to the trial of any crimes or offences * by this AQ. made cognizable in fuch Court, or to the more fpeedily and effec- tually bringing any offender or offenders to Juftice under this Afct, as fully ; and amply as any Subpoenas or other Procelfes are, within the limits of the jurifdidion of the Court, from which any fuch Subpoenas or Prccclfes (liall ,• idue as aforefaid ; any A61 or A6)s, Law or Laws, Cullom, Ufage, 'Matter, or Thing to the contrary notwiihitanding. IV. Provided always, and be it further Ena61ed, That if any crime or ofi fence charged and profecuted under this Ad, (hall be proved to have been committed by any |ierfon*br perfons not being a Subjetl or Subjeds of his , Majefly, and alio within the limits of any Colony, Settlement, or Territory belonging to any European State, the Court before which fuch profecutioQ (hall be had, (h^ forthwith acquit fuch perfon or perfons not being fuch Sub- jed or Subjeds as af&)reraid of fuch charge, V. Provided neverthelefs, That it (liall and may be lawful for fuch Court to proceed in ihe trial of any other perfon, being a Subjed or Subjeds of his Majefty, who (hall be charged with the fame or any other offence, not* withflanding fuch offence (hall appear to have been committed within the limits of aiiy Colony, ■Settlement, or Territory b^onging to any European State .at iit! ♦ ' 1- ■» .,, .- .-. r. t^ll'i ■■. . »rn CVtuV , Offeaden not being SubjeAs of hi« Majtfty, Sni alfb wiihin (Tie liroitt be. n»ri|ing to any European Statr, fliall be aifuit- ted. But SubjeAi to his Majefty fliall be tried, al- though offence be committrJ In another tu* repean Sute. as aforefaid. 64 ,Uu,t OJu «lfi A' '1 "^uin t. ju vH: n* ■ti'f iv K. «■ t r»rt V A .Tf ■» ►.^.■-.»j ^.itii , .11 >>1 i » 1 :i» -yj. nt f. ». i^ «>* >i ui Uj o an . i ' ii<' vin vijfci ,i .-iji; .'- 1 \iy^}] I'i :)bl Oh i b'J 1 }/;: '» .¥/v i \ t^ .] ■Ia'i ti 'iJ. I :.^ .I*:i • V. !i i i. iiijV'*' i :-.!.j} :''} "i :). 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