Document Information

Date: 1822-06-24
By: UK (House of Commons)
Citation: A Bill [As Amended by the Committee] To make more effectual Provision for the Government of the Provinces of Lower and Upper Canada, to regulate the Trade thereof, and for other purposes relating thereto, 1822 Sess, UK, 1822.
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24 June 1822

A

BILL

[AS AMENDED BY THE COMMITTEE]

To make more effectual Provision for the Government of the Provinces of Lower and Upper Canada, to regulate the Trade thereof, and for other purposes relating thereto.

Note.—The Figures in the Margin denote the number of the Folios in the written Copy.
N. B.—The Clauses marked (A. to L.) and the Schedules (A. and B.) were added by the Committee.

WHEREAS in the present situation of the Provinces of Lower and Upper Canada, as such with relation to Great Britain to each other, a joint Legislature for both the said Provinces, would be more likely to promote their general security and prosperity than a separate Legislature for each of the, said Provinces, as at present by law established.

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 so much of an Act passed in the thirty-first year of the reign of his late Majesty King George the
Third, intituled, “An Act to repeal certain parts of an Act, passed, in the fourteenth year of his Majesty’s reign, intituled, ‘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,’ ” as provides for the composing and constituting within each of the said Provinces respectively, a Legislative Council and Assembly, and for the passing of laws by the Legislative Council and Assembly of each Province, shall be and the same is hereby repealed, except in so far as the same or any or the provisions thereof, may by this present Act be continued or applied to the purposes of the joint Legislature to be

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constituted in manner hereinafter mentioned: Provided also, that so much of an Act passed in the fourteenth year of the reign of his said late Majesty, intituled, “An Act for making more effectual provision for the Government of the Province of Quebec in North America,” as is repealed by the said Act passed in the thirty-first year aforesaid, shall be deemed and taken to be, and shall remain repealed.

And be it further Enacted, That from and after the passing of this Act, there shall be within the said two Provinces, and for the same jointly, one Legislative Council and one Assembly, to be composed and constituted in manner hereinafter described, and which shall be called “ The Legislative Council and Assembly of the Canadas;”and that within the said Provinces, or either of them, His Majesty, His Heirs or Successors, shall have power, during the continuance of this Act, by and with the advice and consent of the said Legislative Council and Assembly of the Canadas, to make laws for the peace, welfare and good government of the said Provinces, or either of them, such laws not being repugnant to this Act, nor to such parts of the-said Act passed in the thirty-first year aforesaid, as are not hereby repealed; and that all such laws being passed by the said Legislative Council and Assembly, and assented to by His Majesty, His Heirs or Successors, re-assented; to in His Majesty’s name by the Governor-in-Chief and over the said provinces of Lower and Upper Canada, or in case of the death or absence of such Governor-in-Chief by the Lieutenant Governor of the Province of Upper Canada for the time being, or in case of the death or absence of such Lieutenant Governor, then by the Lieutenant Governor of Lower Canada for the time being, or in case there shall be no lieutenant Governor at such time resident in the Province of Lower Canada, then by the person administering the government thereof for the time being, shall be and the sane are hereby declared to be, by virtue of and under the authority of this Act, valid and binding to all intents and purposes whatever within the said two Provinces.

And be it further Enacted, That the present members of the Legislative Councils of Lower and Upper Canada shall, by virtue of this Act, and without any new or other commissions for that purpose, constitute together the Legislative Council of the Canadas, which said members shall take precedence in the joint Legislative Council according to
the date of the instruments by which they were originally summoned to the Legislative Councils of the two Provinces respectively; and that it shall also be lawful for His Majesty, His Heirs or Successors, from time to time, by an instrument under his or their sign manual, to authorize and direct the said Governor-in-Chief, or in case of bis death or absence, such other person, and in such order respectively as is hereinbefore

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hereinbefore directed, to summon to the said Legislative Council, by an instrument; under a seal to be transmitted by His Majesty to the Governor-in-Chief, or under any other seal which the said Governor- in-Chief shall be by His Majesty directed to use for the purposes of this Act, and which shall be called the Great Seal of the Canadas, and shall be applied only to the purposes directed by this Act, such other person or persons as His Majesty, His Heirs or Successors, shall think fit; and that every person who shall be so summoned to the said Legislative Council, shall thereby become a member thereof.

And be it further Enacted, That such a, persons only shall be summoned to the said Legislative Council; as by the said above-mentioned Act, passed, in the thirty-first year aforesaid, are directed to be summoned to the Legislative Council, of the said two Provinces respectively; and that every member of the said Legislative Council hold his seat for the same rights, titles, honours, ranks, dignities, privileges and immunities, and subject to the same mode of proceeding for hearing and determining by 
the said Legislative Council all questions which shall arise touching the same, as are in the said Act passed in the thirty-first year aforesaid, mentioned, and contained, with respect to the members thereby, directed to be summoned to the Legislative Council of the two Provinces respectively.

And be it further Enacted, That the Governor-in-Chief, or in case of his death, or absence, such other person, and in such order respectively
as is hereinbefore directed, shall have power and authority
from time to time, by an instrument under the Great Seal of the Canadas, to constitute appoint and remove, the Speaker, of the said Legislative Council.

And be it further Enacted, That the members at present composing the Assemblies of the said two Provinces shall, together with such new members as shall or may be returned for either of the said Provinces respectively in, manner hereinafter mentioned, form and constitute the Assembly of the Canadas, and shall be and continue until the first day of July one thousand eight hundred and twenty-five, unless sooner dissolved; and that in case of a dissolution of the said Assembly, or of vacancies occurring therein, members shall be returned from the same, counties and places, and in the same manner and in the same numbers, except as hereinafter otherwise provided, as now by law they are returned within the two Provinces respectively.

AND whereas an Act was passed by the Provincial Legislature of Upper Canada, in the sixtieth year of the reign of his said late Majesty,

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Majesty, intituled, “An Act for increasing the Representation of the Commons of this Province in the House of Assembly;” BE it therefore further Enacted, That the said Act, and all the provisions therein contained, except as hereinafter otherwise provided, shall remain in full force and effect, and shall be applied to the representation of the said Province of Upper Canadian the joint Assembly, in like manner as the sane were applicable to the representation thereof in the Assembly of the said Province of Upper Canada before this Act was passed.

And be it further Enacted, That it shall and may be lawful for the Governor, Lieutenant Governor, or person administering the government of the said Province of Lower Canada for the time being, from time to time as lie shall judge expedient, from and out of that part of the said Province of Lower Canada which has been erected into townships since the number of representatives for the said Province was settled by proclamation, to form and erect new counties, by instrument or instruments under the Great Seal of the said Province, each such new county to consist of not less than six townships; and that when and so often as any such new county shall be formed and erected as aforesaid, the Governor, Lieutenant Governor, or person administering the government of the said Province of Lower Canada, shall issue a writ for the election of one member to serve for the sane in the assembly; and. that whensoever the said Governor, Lieutenant Governor, or person administering the government as aforesaid, shall deem it expedient that any such new county, or any county heretofore erected within the said Province of Lower Canada, and at present represented by only one member, shall be represented by two members, he shall in like manner issue writs for that purpose: Provided always, that no subdivision of any counties now erected or to be hereafter erected within either of the said Provinces, except as hereinbefore provided with respect to the said townships, shall extend or be construed to extend to increase the number of representatives for such counties: Provided also, that the number of representatives for each province shall not exceed sixty.

And be it further Enacted, That no act by which the number of alter the number of representatives of either Province shall be altered, shall hereafter be passed by His Majesty, by and with the advice and consent of the said Legislative Council and Assembly; unless the same shall have been passed by two-thirds at least of the members present at the question for the second and third reading of the same in the said Legislative Council and Assembly respectively.

And be it further Enacted, That all and every the provisions and regulations respecting the appointment and nomination, duties, privileges and liabilities of returning officers for either of the said Provinces

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respectively, and respecting the eligibility, qualification and disability of persons to sit as members in the said Assembly, or to vote on the election of such members, and respecting any oath to be taken by candidates or voters at such elections, and respecting all other proceedings at such elections, and respecting the times and places of holding such elections, as are contained in the said above-mentioned Act, passed in the thirty-first year aforesaid, except in-so far as the said provisions and regulations are hereby in anywise altered, shall remain and continue in force in both of the said Provinces; and that all and every the provisions and regulations respecting the objects above enumerated, or any of them, which are contained in any Act or Acts of the provincial Legislatures, which are ,now in force in either of the said Provinces respectively, shall remain and continue in force within such Province, except as the same are hereby in anyways altered, until otherwise provided for by the joint Legislature.

And be it further Enacted, That when and so often hereafter as it may be necessary to summon and call together a new Assembly for the said two Provinces, it shall and may be lawful for the said Governor-in-Chief, or in case of his death or absence, then for such
other person, and in such order respectively as is hereinbefore directed, by an instrument under the said Great Seal of the Canadas, to summon and call together the said Assembly as hereinafter expressed and provided.

And be it further Enacted, That Writs for the election of members to serve in the said Assembly, shall be issued by the Governor, Lieutenant Governor, or person administering the government of the Province within which such members shall be chosen respectively, in the same manner and directed to the same officers, and returnable within the same period, as in and by the said Act made and passed in the thirty-first year aforesaid, is directed and provided.

And be it further Enacted, That on the first general election of members for the said Assembly, which shall take place from and after the passing of this Act, and on all subsequent elections, whether general or for particular places, in cases of vacancy, which shall be holden in either of the said Provinces, no person shall be capable of being elected, who shall not be legally possessed to his own use and benefit, of lands and tenements within one or other of the said Provinces, of the value of Five hundred pounds sterling over and above all rents charges and incumbrances which may affect the same, such lands and tenements being by him held in freehold, in fief or in roture; and that every candidate at such election, before he shall be capable of being elected, shall, if required by any other candidate, or by the returning

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returning officer, take an Oath in the following form, or to the following effect;

“I, A B. do Swear, That I am legally and bona fide possessed to my own use and benefit, of lands and tenements within the Province of Canada, of the value of Five hundred pounds sterling, over and above all rents charges and incumbrances which may affect the same; and that the said lands and tenements are by me held in freehold, in fief, or in roture [as this case may be], and that I have not obtained the same fraudulently, for the purpose of enabling me to be returned Member to the Assembly of the Canadas; and also that I am otherwise qualified, according to thee provisions of law, to be elected and returned to serve as a Member thereof.”

Provided always, That nothing in this Act contained shall be construed to affect any Act iow in force in either of the said Provinces respectively, relating to the qualification (other than as respects property) of any candidate or voter at elections.

And be it further Enacted, That if any person shall knowingly and wilfully take a false oath respecting his qualification, either as candidate or voter at any election as aforesaid, and shall thereof be lawfully convicted, such person shall be liable to the pains and penalties by law inflicted on persons guilty of wilful and corrupt perjury in the Province in which such false oath shall have been taken. And be it further Enacted, That whenever hereafter any question shall arise touching the validity of the election or return of any person in either Province to serve in the Assembly, such question shall be tried in the Joint Assembly, according to the mode of proceeding now established by law in that Province in which the disputed election or return shall have been made, until a uniform course of proceeding shall be duly established for both Provinces.

And be it further Enacted, That it shall and may be lawful for the said Governor-in-Chief or in case of his death or absence, then for such other person, and in such order respectively as is hereinbefore directed, if at any time he shall deem it expedient, to summon and authorize, by an instrument under his hand and seal, two members of the executive Council of each Province to sit in every Assembly with power of debating therein, and with all other powers, privileges and immunities of the members thereof, except that of voting.

And be it further Enacted, That the said Legislative Council and Assembly shall be called together for the first time at some period not later

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later than the first day of September one thousand eight hundred and twenty-three, and once afterwards in every twelve calendar months, and that the said Governor-in-Chief, or in case of his death or absence, such other person; and in such order respectively as is hereinbefore directed, shall and may convene the first and every other session of the said Legislative Council and Assembly, at such places within either Province, and at such times, under the restrictions aforesaid, as he shall judge most conducive to the general convenience, giving due and sufficient notice thereof, and shall have power to prorogue the same from time to time, and to. dissolve the same by proclamation or otherwise whenever he shall deem it necessary or expedient.

And be it further Enacted, That every Assembly hereafter to be a summoned and chosen, shall continue for five years, from the day of the return of the writs for choosing the same, and no longer; subject nevertheless to be sooner prorogued or dissolved by the said Governor-in-Chief, or in case of bis death. or absence, by such other person, and in such order respectively as is hereinbefore directed.

And be it further Enacted, That all questions which shall arise in the said Legislative Council or Assembly, except in the cases herein otherwise provided, shall be decided by the majority of voices of such members as shall be present; and that in all cases where the voices shall be equal, the Speaker of such Council or Assembly shall have a casting voice.

Provided always, and be it further Enacted, That no member either of the Legislative Council or Assembly shall be permitted to sit or
vote therein, until he shall have taken and subscribed the oath prescribed for that purpose by the said Act passed in the thirty first year aforesaid, before a person duly authorized to administer the same, as in and by the said Act is directed.

And be it further Enacted, That any Bill which shall be passed by the Legislative Council and Assembly shall be presented for His Majesty’s assent to the said Governor-in-Chief, or in case of his death or
absence, to such other person, and in such order respectively, as is hereinbefore directed, who shall, according to his discretion, declare or withhold His Majesty’s assent to such Bill, or reserve such Bill for the signification of His Majesty’s pleasure thereon, subject always to the same provisions and regulations with respect to Bills which. may either be assented to, or from which His Majesty’s assent may be withholden, or which may be reserved as aforesaid, as the case may 13 be, as in ̄and by the said Act, passed in the thirty-first year aforesaid, are contained and enacted with regard to such Bills respectively.

And be it further Enacted, That all laws, statutes or ordinances which are in force at the time of passing of this Act, within the said Provinces

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Provinces or either of them, or in any part thereof respectively, shall remain and continue to be of the sane force, authority and effect in each of the said Provinces respectively as if this Act had not been made, except in as far as the same are repealed or varied by this Act, or in so far as the same shall or may be hereafter by virtue of and under the authority of this Act repealed or varied by His Majesty, His Heirs or Successors, by and with the advice and consent of the said Legislative Council and Assembly.

And be it further Enacted, That all rights, privileges, immunities
and advantages which are at present legally exercised and enjoyed
by the members of the Assemblies of Lower and Upper Canada respectively, shall continue to be exercised and enjoyed by them as members of the said Assembly of the Canadas, in as full and as ample a manner as heretofore: Provided always, That no privilege of the said Legislative Council or of the said Assembly, shall extend or be construed to extend to authorize the imprisonment of any of His Majesty’s subjects not being members of the said Legislative Council or of the said Assembly, or officers or servants of the said bodies respectively, until an Act be passed declaratory of the rights and privileges of the said bodies in this respect.

And be it further Enacted, That from and after the passing of this Act, all written proceedings of what nature soever of the said Legislative Council and Assembly, or either of them, shall be in the English language and none other; and that at the end of the s[…]ae of fifteen years from and after the passing of this Act, ail debates in the said legisative Council or in the said Assembly, shall be carried on in the English language and none other.

AND whereas by the said Act of the Imperial Parliament of Great Britain, made and passed in the fourteenth year aforesaid,
intituled, “An Act for making more effectual provision for the government of the Province of Quebec, in North America,” it was, amongst other things, declared, That His Majesty’s subjects, professing
the religion of the church of Rome of and in the said Province of Quebec, might have hold and enjoy the free exercise of the said religion, subject to the King’s supremacy as in the said Act mentioned, and that the clergy of the said church might hold receive and enjoy their accustomed dues and rights with respect to such persons only
as should profess the said religion; BE it therefore further Enacted and Declared, That nothing in this Act contained, nor any Act to
be passed by the said joint Legislature, nor any resolution or other 26 proceeding of said Legislative Council or Assembly, shall in anywise affect or be construed to affect the free exercise of-the religion of the Church of Rome by His Majesty’s subjects professing the

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the same, within either of the saidProvinces, but the same may continue to be exercised, and the clergy of the said church and the several curates of each respective parish of the said Province of Lower Canada, now performing the clerical duties thereof, or who shall hereafter, with the approbation and consent of His Majesty, expressed in writing by the Governor or Lieutenant Governor, or persons administering the government of the said Province of Lower Canada for the time being, be thereto duly collated appointed or inducted, may continue to hold receive and enjoy their accustomed dues and rights in as full and ample manner, to ail intents and purposes, as heretofore, and as is provided and declared by the said last-mentioned Act.

And be it further Enacted, That ail the provisions, regulations and restrictions made and imposed in and by the said Act, passed in the thirty-first year aforesaid, with respect to any Act or Acts containing any provisions of the nature therein particularly mentioned and specified, shall and the same are hereby declared to extend and apply to each and every Act which shall be passed by the said Legislative Council and Assembly, and which shall contain any provisions of the nature in and by the said last-mentioned Act set forth and specified.

And be it further Enacted, That al and every the accounts, returns, papers, and documents, which by any Act now in force in either Province, are directed to be laid before the Legislature thereof respectively, shall, under the penalties therein provided, be in like manner transmitted and laid before the Legislature of the Canadas, during the continuance of such Acts.

And be it further Enacted, That the officers and other .persons receiving salaries or allowances in respect of services rendered by them in the Legislatures of their respective Provinces, shall continue to receive such salaries and allowances as heretofore, until. otherwise provided for by any Act which shall be passed by His Majesty, His Heirs or Successors, with the advice and consent of the Legislative Council and Assembly of the Canadas

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 changed in manner hereinafter mentioned; BE it therefore further Enacted andDeclared, That if any person or persons holding any lands in the said Provinces of Lower and Upper Canada, or either of them, in fief and seignory, and having legal power and authority to alienate the sane, shall at any time from and after the commencement of this Act, surrender the ‘same into the hands of lis Majesty., His Heirs or

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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 sane in free and common soccage, such Governor, Lieutenant Governor, or person administering the government of such Province as aforesaid, in pursuance
of the instruction of His Majesty’s Secretary of State, or 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, if it shall be deemed advisable or expedient to require the same, 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, or to such conditions, restrictions and limitations in lieu thereof, as to His Majesty, or to the said Governor, Lieutenant Governor, or person administering the government as aforesaid, (as the case may be) 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 anywise notwithstanding.

And be it further Enacted, That it shall and may be lawful for His Majesty, His Heirs and Successors, to commute with.any person holding lands at “cens et rentes,” 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, lis 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 commutations 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.

AND whereas it is expedient to make further regulation respecting the trade of the said Provinces of Canada; BE it Enacted, That from and after the passing of this Act, it shall be lawful to import by land or 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

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from any port or place in the United States of America, into ant port or place of entry at which a custom-house now s 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 off 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 or places which are or thereafter may be appointed in such Province for the entry of goods, wares and commodities imported from the United States of America.

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 of customs as the same are respectively inserted or described, and set forth in figures in the said Schedule.

Provided always, and be it further Enacted, That if upon the importation of any article charged with duty by the Act, the said article shall also be liable to the payment of duty charged by this Act, then and in such case the duty charged upon such article by this Act shall not be demanded to 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.

And be it further Enacted, That the same Tonnage Duties shall be paid upon all American vessels or boats, importing any goods into either of the said Province, as are or may be for the time being payable in the United States of America, on fish vessels or boats, entering the harbours of the state from whence such goods shall have been imported.

And be it further Enacted, 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 changed, not according to the weight,

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weight, guage 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, intituled, “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.”

And be it further Enacted, 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 sane, 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.

AND whereas a certain Act made and passed in the twenty-eighth year of the reign of his late Majesty King George the Third, intituled, ” An Act to allow the Importation of Rum and other Spirits front, 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 it is expedient to afford protection to the trade between the said Colonies 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 GreatBritain.into; the said Province, as is now payable upon the sane articles hen: imported from His Majesty’s said Colonies or Plantations in the. West Indies; BE it therefore 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 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 said Province’ of Lower Canada from Great Britain or Ireland, or any of the British dominions in Europe, the sun of sixpence over and above all other duties now or hereafter to be made payable thereon in the said Province. And be it further Enacted, That the rates and duties chargeable by this Act, shall be deemed, and are hereby declared to be sterling money of

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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 sixpence 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 repeated 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 the Canadas, and in such manner, before the passing of any such Act, as the other duties payable up.on articles imported into Upper or Lower Canada shall or may be applied after the passing of this Act, and before any law or laws shall be made by His Majesty, His Heirs or Successors, by and with the advice, and consent of the said Legislative Council and Assembly for that purpose.

And be it further Enacted, 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 licence 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.

And be it further Enacted, That nothing, in this, Act contained shall be construed to interfere with or repeal, as respects the inland navigation

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navigation of the said Provinces, any of the provisions contained in a certain Act of the Parliament of Great Britain, passed in the seventh
and eighth years of the reign of King William, intituled, “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.

And be it further Enacted, 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 having competent jurisdiction 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 regulation 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 sued for, prosecuted, recovered, divided and accounted for, within the same respectively.

AND Whereas it is expedient to encourage the trade between Newfoundland and Canada, 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 nay have been imposed upon its importation from any of the places 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, That from and after the passing of this Act, there shall be paid and allowed upon the exportation from Newfoundland into Canada of run 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 draw-back of the full duties of Customs which may have been paid upon the importation thereof from any of the said places into Newfoundland, upon a certificate being produced, under the hands and seals 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

And be it further Enacted, That no Entry shall.pass, nor any drawback be paid or allowed upon the exportation of rum or other spirits from Newfoundland 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 then shall verify upon oath, upon the debenture to be made out’ for the payment of such drawback, that he or they is or are

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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 controller, of His Majesty’s Customs at Newfoundland, that the full duties due upon the importation of the said goods into Newfoundland had been paid and discharged.

And be it further Enacted,That the said Drawback shall be paid by the Collector of His Majesty’s Customs at Newfoundland, with the consent of the consent the comptroller there, out of any monies in his hands
arising from the duties of Customs.

And be it further Enacted, That no drawback shall be paid and allowed as aforesaid, unless the said rum, or other spirits, shall be duly entered for exportation with that 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 Newfoundland, nor unless such Drawback shall be claimed within one year after the goods after the goods are so shipped for exportation.

And be it further Enacted, That all and every the duties payable, within either of the Provinces of Lower or Upper Canada, on goods imported into the said Provinces respectively, under any Acts of either Province which were in force at the termination of the last session of the Legislature, in and for such Province respectively, shall continue to be levied until the first fay of February one thousand eight hundred and twenty-five, unless the same, or any part thereof shall be sooner repealed or altered by any Act to be passed by His Majesty, His Heirs or Successors, with the advice and consent of the Legislative Council and Assembly for the Canadas: Provided always nevertheless, That nothing herein contained shall be taken or construed to extend to limit the existence or continuance of any duty or duties which by and under any law now in force would otherwise continue and be payable after the said first day of February one thousand eight hundred and twenty-five, but that the said duties, and the Acts imposing the same, shall continue and remain as if this Act had not been passed: Provided also, That nothing herein contained shall be taken to authorize the exaction of any duty upon articles imported before the commencement of this Act, which they were not subject to at the time of their importation.

And be it further Enacted, that tie Governor, Lieutenant Governor, or person administering the government of each of he said Provinces respectively, by and with the advice and consent of the executive Council thereof, may appropriate and apply towards defraying the expense of administering justice and the support of the government in each Province, the whole Revenue of such Province which may be received

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received before and until the first day of February one thousand eight hundred and twenty-five, unless fHis Majesty, His Heirs or Successors, shall by any Act or Acts passed by and with the advice and consent of the Legislative Council and Assembly of the Canadas, make provision for appropriating such parts of the said revenue as would by law have been at the disposal of the Legislature of either of the said Provinces respectively, had this Act not been passed: Provided always, That nothing herein contained shall be taken to vary or repeal any appropriation already made by any Act in force in either Province, and chargeable upon the revenue thereof respectively, but that the same shall be duly observed so far as it is consistent with the provisions of this Act: Provided also, That nothing in this Act contained shall be taken or extend to vary henceforward, the mode of appropriating or disposing of any duty or revenue which. may hereafter be raised under British Acts of Parliament now in force in either Province.

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 said two Provinces respectively, concerning the imposing of duties upon articles imported into the port of Quebec, in 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 Quebec, 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 the Province of Lower Canada; and it further appears by, the report 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 thou- sand 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, 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 their respective Provinces, one Arbitrator; and that the said

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said Arbitrator so appointed shall have power, by an instrument under their hands and seaIs, to appoint a 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 bis 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 draw backs or proportion of duties accruing 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 maybe advanced on the part of the Province of Upper Canada, to a proportion of duties accruing under British Acts of Parliament, which are not embraced within the term as 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 claim, they shall signify the sale 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 claims.

And be it further Enacted, That the said Arbitrators shill 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 the 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 tire 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 Commissioner of HisMajesty’s Treasury for the time being, in such manner and form as it shall please His Majesty to direct.

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And be it further Enacted, 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 or 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.

And be it further Enacted, 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.

And be it further Enacted, That the Award of the majority df the said Arbitrators shall be final and conclusive as to all matters therein contained; and that if either of the Arbitrators nominated by the Governor 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.

And be it further Enacted,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 bands 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 a receiver general, of the Province of Lower Canada, in favour of the receiver, general of the Province of Upper Canada, for the sun so awarded; which sum shall be accordingly paid by the receiver general of Lower Canada an discharge of such warrant, and shall be accounted for by him to the

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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.

And be it further Enacted, 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, 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 upon any goods, wares merchandizes 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 administrating the government of the Province of Lower Canada, shall and may issue his warrant forthwith upon the receiver general of Lower 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 then ascertained to be due on account of the said proportion, according to the provisions of this Act.

And be it further Enacted, 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, 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 in 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 renumeration 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. Provided aways nevertheless, That if His Majesty, His Heirs or Successors, shall by any Act to be passed after the said first day of July one thousand eight hundred and twenty-four, by

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by and with the advice and consent of the Legislative Council and Assembly for the said two Provinces, establish the proportion of duties to be paid to Upper Canada, or provide other measures for ascertaining the same, or shall dispense with the necessity of ascertaining such proportion, then and from thenceforth ail and every the provisions herein contained, respecting the appointment of Arbitrators, after the said first day ofJuly one thousand eight hundred and twenty-four, shall cease and determine,

And be it further Enacted, 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, or other provision made respecting the same, as hereinbefore provided, and also at all times hereafter, in default of any such proportion being appointed or provision made, 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,

And be it further Enacted, That from and after the passing of this Act, the proportion of duties on importations by sea into the Province
of Lower Canada, which shall belong to each Province respectively, according to the distribution to be made under the provisions of this Act, together with ail other revenue which shall be raised in each, shall remain in the treasury thereof to the use of each Province respectively, subject to such Act or Acts of appropriation whether British or provincial, as at present exist, and to sack other Acts as may be passed by His Majesty, His Heirs or Successors, by and with the advice and consent of the Legislative Council and Assembly of the said two Provinces, for appropriating to the use of each Province such portion of its revenue respectively, as may by law be at the disposal of the Legislature thereof: Provided always, nevertheless, That if His Majesty, His Heirs or Successors shall by any Act to be passed by and with the advice and consent of the Legislative Council and Assembly for the said two Provinces, make permanent provision for the expense of administering justice, and the support
of the said government in both Provinces, the excess of revenue, above such provision, which May thereafter be levied in both Provinces, and which shall be subject to the disposal of the Legislature thereof, may thenceforth by any Act or Acts to be passed by His Majesty, His Heirs or Successors, by and with the advice and consent

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consent of the Legislative Council and Assembly for the Canadas, be appropriated in common to the use of both or either of the said Provinces.

And be it further Enacted, 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 plaintiffs, prosecutor or prosecutors; shall become nonsuit, or forbear the prosecution, or discontinue his her or their action, or if a verdict shall pass against him lier 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.