Duties imposed by Lower Ca nada to remain in force till repealed or altered by a Legislative Act of that Province. 31 G.3. c.31. • 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 Stipu'lation 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 Controul, 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 Controul 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, 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, 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, and the Royal Assent thereto proclaimed within the Province of Lower Canada, according to the Provisions of the said last mentioned Act. No Act of Le- XXIX. And be it further enacted, 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 nevetheless, Proviso. 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 Person administering the Government of the said Province of Lower Canada. Canada into · XXX. And Whereas it is expedient that the Productions of Boats &c. of 'the Province of Upper Canada should be permitted to be ex- His Majesty's 'ported without being made subject by any Act of the Province Subjects may ' of Lower Canada, either directly or indirectly, to Duties or Im- go from Upper positions on their Arrival in that Province, or in passing through Lower Canada, the Waters thereof:' Be it enacted, That from and after the not laden with passing of this Act, all and every the Boats, Scows, Rafts, Cribs Foreign Proand other Craft belonging to any of His Majesty's Subjects, and ductions, withcoming from the Province of Upper Canada into the Province of out being subLower Canada, not laden with the Productions of any Foreign ject to Duty. 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 Toll 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 Expence 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 Arbitratros to be appointed under the Provisions of this Act U u 3 shall Expences of improving the St. Lawrence, how paid. Lands held in Fief and Seignory may, on Petition of Owners to His Majesty, &c. be changed to the Tenure of free and com 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 changed in man'ner hereinafter mentioned:' Be it therefore further enacted and mon Soccage. declared, 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 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 Conditions 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. Proviso. His Majesty may commute with Persons holding Lands at Cens et Rentes. XXXII. 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, 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 Commu 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. XXXIII. And be it further enacted, That if any Person or In Action for Persons shall be sued or prosecuted for any thing done or to be executing Act. done in pursuance of this Act, such Person or Persons may plead the General Issue, and give this Act and the special Matter in General Issue. 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, her or them, the Defendant shall have treble Costs, Treble Costs. and shall have the like Remedy for the same as in Cases where Costs are by Law given to Defendants. SCHEDULES to which this Act refers. L. s. d. Barrel of Wheat Flour, not weighing more than 196 lbs. net Weight For every 100 lbs. of Bread, made from Wheat or other Grain, 026 For every Barrel of Flour, not weighing more than 196 lbs. made from Rye, Peas or Beans 026 For every Bushel of Peas, Beans, Rye or Calavances 007 Rice, for every 100 lbs. net Weight 026 For every 1,000 Shingles, called Boston Chips, not more than 12 Inches in Length 07 0 SCHEDULE (B.) — continued. For every 1,000 Shingles, being more than 12 Inches in Length For every 1,000 White Oak Staves or Headings For every 1,000 Feet of White or Yellow Pine Lumber, of One For every 1,000 Feet of Pitch Pine Lumber Other Kinds of Wood and Lumber, per 1000 Feet 1 0 For every 1,000 Wood Hoops 5 3 Horses, for every 100l. of the Value thereof 10 0 Neat Cattle, for every 100l. of the Value thereof 10 0 All other Live Stock, for every 100l. of the Value thereof 10 0 CAP. CXX. An Act to defray the Charge of the Pay, Clothing and con- [This Act is the same as 1 & 2 G. 4. c. 42. except as to Dates.] CA P. CXXI. An Act to defray, until the Twenty fifth Day of June One [This Act is the same as 1 & 2 G. 4. c. 43. except as to Dates.] CA P. CXXII. An Act for raising the Sum of Sixteen millions five hundred thousand Pounds by Exchequer Bills, for the Service of the Year One thousand eight hundred and twenty two. [5th August 1822.] "TREASURY may raise 16,500,000l. by Exchequer Bills in like manner as is prescribed by 48 G. 3. c. 1.—§ 1. Clauses, &c. in "recited Act extended to this Act. § 2. Treasury to apply the "Money raised. § 3. Exchequer Bills to be payable out of the Supplies for next Session. § 4. Interest 3 per Cent. per Diem. § 5. Exchequer Bills to be current at the Exchequer after 5th April 1823. 6. Bank of England may advance 12,000,000l. on the Credit of this Act notwithstanding the Act of 5 & 6 W. & M. c. 20. —§ 7. |