An Act to regulate the Trade of the Provinces of Lower and Upper-Canada, and for other purposes relating to the said Provinces

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An Act to regulate the trade of the Provinces of Lower and Upper Canada, and for other purposes relating to the said Provinces.

Third year of George IV, chapter 119
5th August, 1822



(So much of this act as relates to the trade between Upper and Lower Canada with the United States, repealed by the 6th Geo. IV, c105) Goods of the produce of the United States enumerated in schedule A. may be imported into either of the provinces of Upper and Lower Canada. Power to the governor to diminish or increase the ports of entry.

WHEREAS it is expedient to make further regulation respecting the trade of the Provinces of Upper and Lower Canada in North America: Be it therefore 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, that from and after the passing of this act, it shall be lawful to import by land and inland navigation in any British or American vessel or vessels, boat or boats, carriage or carriages, the goods, wares and commodities, the growth, produce, or manufacture of the United States of America, enumerated in the schedule or table annexed to this act, marked A, from any port or place in the United States of America, into any port or place of entry, at which a custom house now is or hereafter may be lawfully established, in either of the provinces of Upper and Lower Canada: Provided always nevertheless, that it shall and may be lawful for the governor, lieutenant governor, or person administering the government of either of the said provinces respectively, by and with the advice and consent of the executive council thereof for the time being, from time to time to diminish or increase by proclamation, the number of ports and places which are or hereafter may be appointed in such province for the entry of goods, Wares and commodities, imported from the United States of America.

Duties to be paid on the goods enumerated in schedule B.

II. And be it further enacted, That from and after the passing of this act, there shall be raised, levied, collected, and paid unto his Majesty, his heirs and successors, for and upon such of the goods, wares, and commodities, which shall be so imported, as are enumerated in the schedule or table annexed to this act, marked B, the several duties or customs as the same are respectively inserted or described and set forth in figures in the said schedule.

Where any article is liable to a colonial duty equal to the one imposed, such article shall not be charged with duty. If duty be less, the difference only shall be paid.

III. Provided always, and be it further enacted by the authority aforesaid, That if upon the importation of any article charged with duty by this act, the said article shall also be liable to the payment of duty under the authority of any colonial law, equal to or exceeding in amount the duty charged by this act, then and in such case the duty charged upon such article by this act shall not be demanded or paid upon the importation of such article: Provided also, That if the duty payable under such colonial law shall be less in amount than the duty payable by this act, then and in such case the difference only between the amount of the duty payable by this act, and the duty payable under the authority of such colonial laws, shall be deemed to be the duty payable by this act; and the same shall be collected and paid in such and the like manner, and appropriated and applied to such and the like uses, as the duties specified in the said schedule annexed to this act, marked B, are directed to be collected paid, appropriated, and applied.

IV. And be it further enacted by the authority aforesaid, That the same tonnage duties shall be paid upon all American vessels or boats, importing any goods into either of the said provinces, as are or may be for the time being payable in the United States of America, on British vessels or boats entering the harbors of the state from whence such goods shall have been imported

V. And be it further enacted by the authority aforesaid, That in all cases in which the duties imposed by this act upon the importation of articles into the said provinces, or either of them, are charged, not according to the weight, gauge, or measure, but according to the value thereof, such value shall be ascertained in the mode prescribed by an act passed in this present session of parliament, entitled, "An act to regulate the trade between his Majesty's possessions in America and the West Indies, and other places in America and the West Indies."

VI. And be it further enacted by the authority aforesaid, That if the importer or proprietor of such articles shall refuse to pay the duties hereby imposed thereon, it shall and may be lawful for the collector or other chief officer of the customs, where such articles shall be imported, and he is hereby respectively required, to take and secure the same, with the casks or other package thereof, and to cause the same to be publicly sold, within the space of twenty days, at the most, after such refusal made, and at such time and place as such officer shall, by four or more days' public notice, appoint for that purpose; which articles shall be sold to the highest bidder; and the money arising from the sale thereof shall be applied to the payment of the said duties, together with the charges which shall have been occasioned by the said sale, and the overplus (if any) shall be paid to such importer, proprietor, or any other person authorized to receive the same.

VII. And whereas a certain act made and passed in the twenty eighth year of the reign of his late Majesty, King George the Third, entitled "An act to allow the importation of rum and other spirits from his Majesty's colonies or plantations in the West Indies into the province of Quebec, without payment of duty, under certain conditions and restrictions," has been repealed during the present session of parliament; and whereas doubts may be entertained whether a certain other act passed in the forty-ninth year of his said late Majesty's reign, entitled, "An act to allow the importation of rum and other spirits from the island of Bermuda into the province of Lower Canada, without payment of duty, on the same terms and conditions as such importation may be made directly from his Majesty's sugar colonies in the West Indies," might not still remain in force, notwithstanding the repeal of the said first mentioned act; be it therefore enacted and declared by the authority aforesaid, That the said last mentioned act shall be, and the same is, hereby repealed.

VIII. And whereas it is expedient to afford protection to the trade between the said colonies and plantations and the province of Lower Canada, by imposing the same duty upon rum or other spirits, the produce or manufacture of the said colonies, imported from Great Britain into the said province, as is now payable upon the same articles when imported from his Majesty's said colonies or plantations in the West Indies; be it therefore enacted by the authority aforesaid, That from and after the passing of this act, there shall be raised, levied collected, and paid unto his Majesty, his heirs and successors, for and upon every gallon of rum or other spirits, the produce or manufacture of any of his Majesty's islands, colonies, or plantations in the West Indies, which shall be imported or brought into any part of the province of Lower Canada, from Great Britain or Ireland, or any of the British dominions in Europe, the sum of six pence, over and above all other duties now or hereafter to be made payable thereon in the said province.

IX. And be it further enacted by the authority aforesaid, That the rates and duties chargeable by this act shall be deemed, and are hereby declared to be, sterling money of Great Britain, and shall be collected, recovered, and paid, to the amount of the value which such nominal sums bear in Great Britain; and that such sums may be received and taken according to the proportion and value of five shillings and six pence to the ounce in silver; and that the said duties hereinbefore granted shall be received, levied, collected, paid and recovered, in the same manner and form, and by such rules, ways, and means, and under such penalties and forfeitures, as any other duties payable to his Majesty upon goods imported into the said provinces of Upper and Lower Canada, or into either of them respectively, are or shall be raised, levied, collected, paid and recovered, by any act or acts of parliament, as fully and effectually to all intents and purposes, as if the several clauses, powers, directions penalties, and forfeitures, relating thereto, were particularly repealed and again enacted in the body of this act; and that all the monies which shall arise by the said duties, (except the necessary charges of raising, collecting, levying, recovering, answering, paying, and accounting for the same,) shall be paid by the collector of his Majesty's customs into the hands of his Majesty's receiver general in the said provinces, respectively, for the time being, and shall be applied to and for the use of the provinces of Upper and Lower Canada respectively, in such manner only as shall be directed by any law or laws which may be made by his Majesty, his heirs or successors, by and with the advice and consent of the legislative council and assembly of each of the said provinces respectively.

X. And be it further enacted by the authority aforesaid, That it shall be lawful to export in any British or American vessel, or vessels, boat or boats, carriage or carriages, from any of the ports or places of entry now or hereafter to be established in the said provinces, to any port or place in the United States of America, any article of the growth, produce, or manufacture of any of his Majesty's dominions, or any other article legally imported into the said provinces: Provided always, That nothing herein contained shall be construed to permit or allow the exportation of any arms or naval stores, unless a license shall have been obtained for that purpose from his Majesty's secretary of state; and in case any such articles shall be shipped or water borne, for the purpose of being exported contrary to this act the same shall be forfeited and shall and may be seized and prosecuted as hereinafter directed.

XI. And be it further enacted by the authority aforesaid, That nothing in this act contained shall be construed to interfere with or repeal, as respects the inland navigation of the said provinces, any of the provisions contained in a certain act passed in the seventh and eighth years of the reign of King William, entitled, "An act for preventing frauds, and regulating abuses in the plantation trade," except in so far as the same are altered or repealed by this act.

XII. And be it further enacted by the authority aforesaid, That all penalties and forfeitures incurred in either of the said provinces under this act, (except where it is otherwise provided,) shall and may be sued for and prosecuted in any court hating competent within such province respectively; and the same shall and may be recovered, divided, and accounted for in the same manner and form, and by the same rules and regulations, in all respects, as other penalties and forfeitures for offences against the laws relating to the customs and trade of the said provinces respectively, shall or may by any act or acts of the legislatures of such provinces be directed to be sued for, prosecuted, recovered, divided, and accounted for, within the same respectively.

XIII. And whereas it is expedient to encourage the trade between Canada and his Majesty's colonies of Newfoundland, Nova Scotia, New Brunswick, and Prince Edward's island, by enabling the merchants and traders of Newfoundland to export from thence into Canada, rum and other spirits, the produce of the British West India islands, or any of his Majesty's colonies on the continent of South America, free of any duty which may have been imposed upon its importation from any of the places last aforesaid, and for which purpose to allow, upon the export of such rum or other spirits, a drawback of the full duties paid upon the importation thereof; be it therefore enacted by the authority aforesaid, That from and after the passing of this act, there shall be paid and allowed, upon the exportation from any or either of the said colonies of Newfoundland, Nova Scotia, New Brunswick, or Prince Edward's island, into Canada, of rum or other spirits, being the produce of the British West India islands, or any of his Majesty's colonies on the continent of South America, a drawback of the full duties of customs which may have been paid upon the importation thereof from any of the places last aforesaid, into any or either of the said colonies of Newfoundland, Nova Scotia, New Brunswick, or Prince Edward's island, upon a certificate being produced, under the hands and scab of the collector and comptroller of his Majesty's customs at Quebec, certifying that the said rum or other spirits have been duly landed in Canada.

XIV. And be it further enacted by the authority aforesaid, That nо entry shall pass, nor any drawback be paid or allowed, upon the exportation of rum or other spirits from any or either of the said colonies of Newfoundland, Nova Scotia, New Brunswick, or Prince Edward's island, into Canada, unless such entry be made in the name of the real owner or owners, proprietor or proprietors of the said goods; and that before such owner or owners, proprietor or proprietors, shall receive the said drawback, so allowed as aforesaid, one or more of them shall verify upon oath, upon the debenture to be made out for the payment of such drawback, that he or they is or are the real owner or owners of the said goods; nor unless proof on oath shall be made to the satisfaction of the collector and comptroller of his Majesty's customs, at the port from whence the said goods shall be so imported into Canada, that the full duties due upon the importation of the said goods at the said port had been paid and discharged: Provided always, That in case where he owners of the said goods are resident in any other part of the British dominions, it shall be lawful for their known and established agents in the colonies from whence the said goods shall be so imported into Canada, to take the necessary oaths on behalf of the said owners.

XV. And be it further enacted by the authority aforesaid, That the said drawback shall be paid by the collector of his Majesty's customs at the port from whence the said goods shall be so imported into Canada, with the consent of the comptroller there, out of any monies in his hands arising from the duties of customs.

XVI. And be it further enacted by the authority aforesaid, That no drawback shall be paid and allowed as aforesaid, unless the said rum or other spirits shall be duly entered for exportation with the proper officers of the customs, and actually shipped on board the ship or vessel in which the said goods are intended to be exported, within the space of one year from the time such rum or other spirits were originally imported into the colony from whence it is intended to export them to Canada, nor unless such drawback shall be claimed within one after the are so shipped for exportation.

XVII. And whereas, since the division of the province of Quebec into the provinces of Lower and Upper Canada, divers regulations have from time to time been made, by agreements concluded under the authority of acts passed by the legislatures of the aid two provinces respectively, concerning the imposing of duties upon articles imported into the province of Lower Canada, and the payment of drawbacks of such duties to the province of Upper Canada, on account of the proportion of goods so imported into Lover Canada, and passing from thence into the said province of Upper Canada, and consumed therein, the last of which agreements expired on the first day of July, one thousand eight hundred and nineteen; and whereas it appears by the report of the commissioners last appointed for the purposes aforesaid, that the province of Upper Canada claims certain arrearages from the province of Lower Canada, on account of such drawbacks, which claims are not admitted on the part of Lower Canada; and it further appears by the repent of the said commissioners, appointed on behalf of both provinces for the purposes aforesaid, that they have failed to establish any regulation for the period beyond the first day of July, one thousand eight hundred and nineteen, by reason that they could not agree upon the proportion of duties to be paid to Upper Canada by way of drawbacks; for remedy of the inconvenience occasioned by the suspension of the said agreement, and for the satisfactory investigation and adjustment of the said claims, be it enacted by the authority aforesaid, That it shall and may be lawful for the governor lieutenant governor, or person administering the government of each of the said provinces of Upper and Lower Canada, so soon as conveniently may be after the passing of this act to appoint by commission under the great seal of his respective province, one arbitrator; and that the said arbitrators so appointed shall have power, by an instrument under their hands and seals, to appoint third arbitrator; and in case of their not agreeing in such appointment, within one month from the date of the appointment of the arbitrators so directed to be made on the part of the respective provinces, or the last thereof if the said appointments shall not be made on the same day, his Majesty, his heirs or successors, shall have power, by an instrument under his sign manual, to appoint such third arbitrator, who (if appointed in manner last mentioned) shall not be an inhabitant of either of the said provinces; and that the three arbitrators, so appointed as aforesaid, shall have power to hear and determine all claims of the province of Upper Canada, upon the province of Lower Canada on account of drawbacks or proportion of duties under agreements made and ratified by the authority of the legislatures of the said two provinces, according to the fair understanding and construction of the said agreements; and also to hear any claim which may be advanced on the part of the province of Upper Canada to a proportion of duties heretofore levied in Lower Canada, under British acts of parliament, the division of which duties shall not have been embraced within the terms of any provisional agreement, and to report the particulars of any such claim, with the evidence thereupon, to the lords commissioners of his Majesty's treasury for the time being; and if it shall appear to the commissioners of his Majesty's treasury, that any sum is justly due from the province of Lower Canada to the province of Upper Canada, on account of such last mentioned claim they shall signify the same, together with the amount, to the governor, or person administering the government of the province of Lower Canada, for the time being who shall thereupon issue his warrant upon the receiver general of Lower Canada, to pay such amount to the receiver general of Upper Canada, in full discharge of any such duties.

XVIII. And be it further enacted by the authority aforesaid, That the said arbitrators shall have power to send for and examine such persons, papers, and records, as they shall judge necessary for their information in the matters referred to them; and that if any person or persons shall refuse or neglect to attend said arbitrators, or to produce before them any papers or documents, having been duly served in either province with reasonable notice in writing for that purpose, he, she, or they shall forfeit and pay the sum of fifty pounds, to be recovered by bill, plaint, or information, in any court having competent jurisdiction within the province in which such person usually resides, to be applied towards the support of the civil government of the said province, and to be accounted for to his Majesty, through the lords commissioners of his Majesty's treasury for the time being, in such manner and form as it shall please his Majesty to direct.

XIX. And be it further enacted by the authority aforesaid, That the witnesses to be produced before the said arbitrators, if it is desired by either of the said arbitrators, shall and may be sworn before any of his Majesty's justices of the peace within either of the said provinces, or before any one of the said arbitrators, who are hereby empowered jointly and severally to administer such oath; and that if any person shall in any such oath, so taken as aforesaid, wilfully forswear himself, he shall be deemed guilty of wilful and corrupt perjury.

XX. And be it further enacted by the authority aforesaid, That in case of the death, removal, or incapacity, of either of the said arbitrators, before making an award, or in case the third arbitrator chosen or appointed as aforesaid, shall refuse to act, another shall be appointed in his stead, in the same manner as such arbitrator so dead, removed, or become incapable, or refusing to act, as aforesaid, was originally appointed; and that in case a third arbitrator shall be appointed by his Majesty, as hereinbefore mentioned, it shall and may be lawful for the governor in chief in and over the said provinces, to determine the amount of remuneration to be paid to such arbitrator, which amount shall be defrayed in equal proportions by each province, and shall be paid by warrants, to be issued for that purpose by the governor, lieutenant governor, or person administering the government of each province, upon the receiver general thereof respectively.

XXI. And be it further enacted by the authority aforesaid, That the award of the majority of the arbitrators, so far as the same shall be authorized by this act, shall be final and conclusive as to all matters therein contained; and that if either of the arbitrators nominated by the governor, lieutenant governor or person administering the government of either of the said provinces, shall refuse or neglect to attend, on due notice being given, the two remaining arbitrators may proceed to hear and determine the matters referred to them, in the same manner as if he were present.

XXII. And be it further enacted by the authority aforesaid, That the said arbitrators, or a majority of them, as hereinbefore mentioned, shall certify the award to be made by them in the premises, under their hands and seals, to the commissioners of his Majesty's treasury of the united kingdom of Great Britain and Ireland, and to the governor, lieutenant governor, or person administering the government of each of the said provinces; and that if any sum be directed by the said award to be paid to the province of Upper Canada by the province of Lower Canada, it shall and may be lawful for the governor, lieutenant governor, or person administering the government of the said province of Lower Canada, and he is hereby required to issue his warrant upon the receiver general of the province of Lower Canada, in favor of the receiver general of the province of Upper Canada, for the sum so awarded; which sum shall be accordingly paid by the receiver general of Lower Canada, in discharge of such warrant, and shall be accounted for by him to the lords commissioners of his Majesty's treasury for the time being, in such manner and form as his Majesty, his heirs and successors, shall be graciously pleased to direct.

XXIII. And be it further enacted by the authority aforesaid, That the arbitrators to be appointed under this act shall have power to hear and determine any claim which may be advanced on the part of the province of Lower Canada, upon the province of Upper Canada, being of the same description as those which by this act may be preferred to the same arbitrators on the part of Upper Canada; and that their award thereupon shall be final and conclusive, and shall be carried into effect, if the same be made in favor of the province of Lower Canada, in the same manner as is herein directed with respect to any award which may be made in favor of the province of Upper Canada.

XXIV. And be it further enacted by the authority aforesaid, That of all duties which have been levied in the province of Lower Canada since the first day of July, one thousand eight hundred and nineteen, under any act passed in the said province, upon any goods, wares, merchandize, or commodities imported by sea into the province of Lower Canada, and also of all duties which, after the passing of this act, and before the first day of July, one thousand eight hundred and twenty-four, shall be levied in the province of Lower Canada, under any act passed in the said province, upon any goods, wares, merchandize, or commodities, imported by sea into the said province of Lower Canada, the province of Upper Canada shall be entitled to have and receive one fifth part, as the proportion of duties arising and due to the said province of Upper Canada, upon such importations; and that the governor, lieutenant governor, or person administering the government of the province of Lower Canada, shall and may issue his warrant forthwith upon the receiver general of Lower Canada, in favor of the receiver general of the province of Upper Canada, for such proportion of the duties as shall have been received in the province of Lower Canada before the passing of this act, and shall and may, on the first day of January and the first day of July, in each and every year thereafter, issue his warrant upon the receiver general of Lower Canada in like manner, for the payment to the receiver general of Upper Canada, of such sum as may be hen ascertained to be due on account of the said proportion, according to the provisions of this act.

XXV. And be it further enacted by the authority aforesaid, That immediately after the said first day of July, one thousand eight hundred and twenty-four, the proportion to be paid to Upper Canada for the four years next succeeding, of duties levied in the province of Lower Canada, under the authority of any act or acts passed or to be passed therein upon goods, wares, and commodities, imported therein by sea, shall and may be ascertained by the award of arbitrators, to be appointed in the same manner and with the same powers as hereinbefore provided with respect to the arbitrators to whom the question of arrears is to be referred, and that arbitrators shall in like manner be appointed, and an award made once after every four years thereafter, for the purpose of establishing such proportion from time to time; and all and every the provisions contained in this act, respecting the appointment powers and remuneration of the arbitrators to be first appointed after the passing thereof, and regarding the execution of their duty, shall apply and extend to the arbitrators to be appointed for the purposes last herein mentioned.

XXVI. And be it further enacted by the authority aforesaid, That after the said first day of July, one thousand eight hundred and twenty-four, and until a new proportion of duties, to be paid to Upper Canada, shall be established, as hereinbefore provided, and also at all times hereafter, in default of any such proportion being appointed, the proportion of duties last assigned to be paid to Upper Canada, under the authority of this act, shall continue to be paid by the province of Lower Canada, and warrants shall issue for the payment of the same, in the same manner as for the period before the same first day of July, one thousand eight hundred and twenty four: Provided always, That it shall be in the power of the arbitrators, nevertheless, by their subsequent award, to alter such proportion from the period for which it was last established, if it shall appear to them just so to do.

XXVII. And whereas by a certain act of the parliament of Great Britain, passed in the fourteenth year of his late Majesty's reign, entitled, "An act to establish a fund towards farther defraying the charges of the administration of justice and support of the civil government within the province of Quebec, in America," certain duties were imposed upon goods and commodities imported into the said province, which duties are by the said act directed to be applied, under the authority of the lord high treasurer or commissioners of his Majesty's treasury, in making a more certain and adequate provision towards defraying the expense of the administration of justice, and the support of the civil government, in the said province of Quebec; and since the division of the said province of Quebec into the provinces of Upper and Lower Canada, it has been contended on behalf of the said provinces, that the proceeds of such duties should be distributed between the said two provinces in proportion to the amount of expenses defrayed by each respectively towards the administration of justice and the support of its civil government, and not in proportion to the estimated consumption within either province of the articles upon which such duties shall have been paid; be it therefore enacted by the authority aforesaid, That it shall be lawful for the arbitrators to be appointed, from time to time, for the purpose of establishing the proportion which shall be paid to Upper Canada of such duties as now are, or hereafter may be imposed, by acts passed in the province of Lower Canada, to receive the claims in behalf of each province with respect to its proportion of duties levied under the said act passed in the fourteenth year of his said late Majesty's reign, since the expiration of the last provisional agreement heretofore ratified between the said two provinces, or which may hereafter be levied under the authority of the said act, upon goods and commodities imported into Lower Canada, and to report the same, with the evidence thereon, to the lords commissioners of his Majesty's treasury, for the united kingdom of Great Britain and Ireland, for the time being in order that they may make such order respecting the proportion in which the same shall be expended within each of the said provinces respectively, for the purposes mentioned in the said act, as to them shall seem meet: Provided always, nevertheless, That until such order shall be made by the lords commissioners of his Majesty's treasury as aforesaid, the proceeds of such duties shall be distributed in the same proportion, between the said two provinces as the duties levied under the provincial acts of the province of Lower Canada within the same period, subject nevertheless to be increased or diminished, as respects either of the said provinces, by any subsequent order of the said lords commissioners, extending to the period for which no such order had before been made.

XXVIII. And whereas the division of the province of Quebec, into the two provinces of Upper and Lower Canada, was intended for the common benefit of his Majesty's subjects residing within both of the newly constituted provinces, and not in any manner to obstruct the intercourse or prejudice the trade to be carried on by the inhabitants of any part of the said late province of Quebec, with Great Britain or with other countries; and it has accordingly been made a subject of mutual stipulation between the said two provinces, in the several agreements which have heretofore subsisted, that the province of Upper Canada should not impose any duties upon articles imported from Lower Canada, but would permit and allow the province of Lower Canada to impose such duties as they might think fit, upon articles imported into the said province of Lower Canada; of which duties a certain proportion was by the said agreements appointed to be paid to the province of Upper Canada; and whereas in consequence of the inconveniences arising from the cessation of such agreements as above recited, it has been found expedient to remedy the evils now experienced in the province of Upper Canada, and to guard against such as might in future arise from the exercise of an exclusive control, by the legislature of Lower Canada, over the imports and exports into and out of the port of Quebec; and it is further expedient, in order to enable the said province of Upper Canada to meet the necessary charges upon its ordinary revenue, and to provide with sufficient certainty for the support of its civil government, to establish such control as may prevent the evils which have arisen or may arise from the legislature of Lower Canada suffering to expire unexpectedly, or repealing suddenly, and without affording to Upper Canada an opportunity of remonstrance, existing duties, upon which the principal part of its revenue and the necessary maintenance of its government, may depend; be it therefore enacted by the authority aforesaid, That all and every the duties which, at the time of the expiration of the last agreement between the said provinces of Upper and Lower Canada, were payable under any act or acts of the province of Lower Canada, on the importation of any goods, wares, or commodities, into the said province of Lower Canada, (except such as may have been imposed for the regulation of the trade by land or inland navigation, between the said province and the United States of America,) shall be payable and shall be levied according to the provisions contained in any such acts, until any act or acts for repealing or altering the said duties, or any part thereof respectively, shall be passed by the legislative council and assembly of the said province of Lower Canada, and until such act or acts, repealing or altering such duties, shall, after a copy thereof has been transmitted to the governor, lieutenant governor, or person administering the government of the province of Upper Canada, be laid before both houses of the imperial parliament, according to the forms and provisions contained in a certain act of the parliament of Great Britain, passed in the thirty-first year of the reign of his said late Majesty, entitled, "An act to repeal certain parts of an act passed in the fourteenth year of his Majesty's reign entitled, 'An act for making more effectual provision for the government of the province of Quebec' in North America' and to make further provision for the government of the said province'" and the royal assent thereto proclaimed within the province of Lower Canada, according to the provisions of the said last mentioned act.

XXIX. And be it further enacted by the authority aforesaid, That from and after the passing of this act, no act of the legislature of the province of Lower Canada, whereby any additional or other duties shall or may be imposed on articles imported by sea into the said province of Lower Canada, and whereby the province of Upper Canada shall or may in any respect be directly or indirectly affected, shall have the force of law until the same shall have been laid before the imperial parliament, as provided in certain cases by the said act passed in the thirty-first year of his said late Majesty's reign, and the royal assent thereto published by proclamation in the said province of Lower Canada, a copy of such act having, within one month from the time of presenting the same for the royal assent in the said province, been transmitted by the governor, lieutenant governor, or person administering the government of the province of Lower Canada, to the governor, lieutenant governor or person administering the government of the province of Upper Canada: Provided always, nevertheless That it shall not be necessary to transmit any such act, to be laid before the imperial parliament, if, before the same shall have been presented for the royal assent within the said province of Lower Canada, the legislative council and house of assembly of the said province of Upper Canada, shall by address to the governor, lieutenant governor, or person administering the government of the said province of Upper Canada, pray, that their concurrence in the imposition of the duties intended to be imposed by such act may be signified to the governor, lieutenant governor, or the of the said of Lower Canada.

XXX. And whereas it is expedient that the productions of the province of Upper Canada should be permitted to be exported without being made subject by any act of the province of Lower Canada, either directly or indirectly, to duties or impositions, on their arrival in that province, or in passing through the waters thereof; be it enacted by the authority aforesaid, That from and after the passing of this act, all and every the boats, scows, rafts, cribs, and other craft belonging to any of his Majesty's subjects, and coming from the province of Upper Canada into the province of Lower Canada, not laden with the productions of any foreign country, shall be allowed freely to pass into and through the said province, and shall not be subject to any rate, tax, duty, or imposition, other than any charge which may now exist for pilotage, or which may now be established for toil at any lock or other work now actually erected on the navigable waters thereof, any law, statute, or usage of the province of Lower Canada to the contrary notwithstanding; and that the expense of improving the navigation of the waters of the river Saint Lawrence shall in future be defrayed by such measures and in such proportions as the arbitrators to be appointed under the provisions of this act shall determine, upon the prayer of either province: Provided always, That no such determination shall be carried into effect, until sanctioned and enacted by the legislatures of both of the said provinces.

XXXI. And whereas doubts have been entertained whether the tenures of lands within the said provinces of Upper and Lower Canada holden in fief and seignory can legally be changed; and whereas it may materially tend to the improvement of such lands, and to the general advantage of the said provinces, that such tenures may henceforth be chanced in manner hereinafter mentioned; be it therefore further enacted and declared by the authority aforesaid, That if any person or persons holding any lands in the said provinces of Upper and Lower Canada, or either of them, in fief and seignory, and having legal power and authority to alienate the same, shall at any time from and after the commencement of this act, surrender the same into the hands of his Majesty, his heirs or successors, and shall by petition to his Majesty, or to the governor, lieutenant governor, or person administering the government of the province, in which the lands so holden shall be situated, set forth that he, she, or they is or are desirous of holding the same in free and common soccage, such governor, lieutenant governor, or person administering the government of such province, as aforesaid, in pursuance of his Majesty's instructions, transmitted through his principal secretary of state for colonial affairs, and by and with the advice and consent of the executive council of such province, shall cause a fresh grant to be made to such person or persons of such lands to be holden in free and common soccage, in like manner as lands are now holden in free and common soccage, in that part of Great Britain called England; subject nevertheless to payment to his Majesty, by such grantee or grantees, of such sum or sums of money as and for a commutation for the fines and other dues which would have been payable to his Majesty under the original tenures, and to such condition as to his Majesty, or to the said governor, lieutenant governor, or person administering the government, as aforesaid, shall seem just and reasonable: Provided always, That on any such fresh grant being made as aforesaid, no allotment or appropriation of lands for the support and maintenance of a protestant clergy shall be necessary; but every such fresh grant shall be valid and effectual without any specification of lands for the purpose aforesaid; any law or statute to the contrary thereof in any wise notwithstanding.

XXXII. And be it further enacted by the authority aforesaid, That it shall and may be lawful for his Majesty, his heirs and successors, to commute with any person holding lands at cens et tentes in any censive or fief of his Majesty within either of the said provinces; and such person may obtain a release from his Majesty of all feudal rights arising by reason of such tenure, and receive a grant from his Majesty, his heirs or successors, in free and common soccage, upon payment to his Majesty of such sum of money as his Majesty, his heirs or successors, may deem to be just and reasonable, by reason of the release and grant aforesaid; and all such sums of money as shall be paid upon any commutation made by virtue of this act shall be applied towards the administration of justice and the support of the civil government of the said province.

XXXIII. And be it further enacted by the authority aforesaid, That if any person or persons shall be sued or prosecuted for any thing done or to be done in pursuance of this act, such person or persons may plead the general issue, and give this act and the special matter in evidence; and if the plaintiff or plaintiff's, prosecutor or prosecutors, shall become non-suit, or forbear the prosecution, or discontinue his, her, or their action, or if a verdict shall pass against him, her, or them, the defendants shall have treble costs, and shall have the like remedy for the same as in cases where costs are by law given to defendants.


SCHEDULE A.

Asses, Barley, Beans, Biscuit, Bread, Beaver, and all sorts of fur, Bowsprits. Calavances, Cocoa, Cattle, Cochineal, Coin and Bullion, Cotton wool. Drugs of all sorts, Diamonds and precious stones. Flax, Fruit and vegetables, Fustick and all sorts of wood for dyer's use, Flour. Grain of any sort, Garden seeds. Hemp, Heading Boards, Horses, Hogs, Hides, Hay, Hoops, Hardwood, or mill timber. Indido. Live stock of any sort, Lumber, Logwood. Mahogany, and other wood for cabinet wares, Masts, Males. Neat Cattle. Oats. Peas, Potatoes, Poultry, Pitch. Rye, Rice. Staves, Skins, Shingles, Sheep. Tar, Tallow, Tobacco, Turpentine, Timber, Tortoise-shell. Woof, Wheat. Yards.


SCHEDULE B.


Notes

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