° a 
 <A + 
 a 
 
 | a A 
 COLLECTION 
 
 
 
 . OF THE | 1 | 
 ; | PASSED IN THE PARLIAMENT OF 2 | 
 ‘GREAT BRITAIN 
 r é ' » 
 ; . PARTICULARLY APPLYING TO THE PROVINCE OF 
 
 UPPER-CANADA, 
 
 AND OF SUCH 
 
 ORDINANCES 
 
 OF THE 
 
 LATE PROVINCE OF QUEBEC, 
 
 
 
 
 
 : 
 * AS HAVE FORCE OF LAW THEREIN. 
 ! 
 oe cox 
 ; ie ea oe By af ‘- x, 
 | ree ate eee 
 4, “ 
 4 | 
 
 — EEE ODO O10 10) 0 SS ore 
 
 YORK: 
 _ PRINTED BY R. C. HORNE. — 
 
 1818,. 
 
 
 
IN THE FOURTEENTH YEAR OF THE REIGN OF 
 
 GEORGE THE THIRD, 
 
 At the Parliament begun and holden at Westminster, the tenth day of May, in 
 
 the year of our Lord 1768, in the eighth year of the Reign of our Sovereign 
 Lord GEORGE the THIRD, by the Grace of God, of Great Britain, 
 France, and Ireland, King, Defender of the Faith, §c. and from thence con- 
 tinued, by several Prorogations, to the thirteenth day of January, 1774; beng 
 the Seventh Session of the Thirteenth Parliament of Great Britain. : 
 
 CH A P. LXXXIIL 
 
 ‘An Act for making more effectual provision for the Government of the Province of Quebec, in 
 North America. 
 
 HEREAS His Majesty, by His Royal Proclamation, bearing date 
 
 the seventh day of October, in the third year of His Reign, thought 
 
 fit to declare the provisions which had been made in respect to certain 
 Countries, Territories, and Islands in America, ceded to His Majesty by 
 the definitive Treaty of Peace, concluded at Paris, on the tenth day of Fe- 
 bruary, one thousand seven hundred and sixty-three: And whereas, by the 
 
 arrangements made by the said Royal Proclamation, a very large extent of 
 
 country, within which there were several Colonies and Settlements of the 
 subjects of France, who claimed to remain therein under the faith of the 
 said ‘l'reaty,: was left without any provision being made for the administra- 
 tion of Civil Government therein; and certain parts of the territory of Ca- 
 nada, where sedentary fisheries had been established and ¢ irried on by the 
 subjects of France, inhabitants of the said Province of Canada, under 
 grants and concessions from the Government thereof, were annexed to the 
 Government of Newfoundland, and thereby subjected to regulations incon- 
 sistent with the nature of such fisheries: May it therefore please your most 
 Excellent Majesty, that it may be enacted, and be itenacted 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 assem- 
 bled, and by the authority of the same, That all the Territories, Islands, 
 and Countries in North America, belonging to the Crown of Great Britain, 
 bounded on the South by a line from the Bay of Chaleurs, slong the high 
 lands which divide the rivers that empty themselves into the River Saint 
 Lawrence from those which fall into the Sea, to a point in forty-five degrees 
 of Northern latitude, on the Eastern bank of the River Connecticut, keeping 
 the same latitude directly West, through the Lake Champlain, until, in the 
 same latitude, it meets the River Saint Lawrence; from thence up the East 
 ern bank of the said River to the Lake Ontario; thence through the Lake 
 Ontario. and the River commonly called Niagara; and thence along by the 
 Eastern and South Eastern bank of Lake Erie, following the said bank, un- 
 til the same shall be intersected by the Norihern boundary, granted by the 
 
 ‘Charter 
 
 Territories belen 
 to Great Britain, 
 
 ~~~ et ae, 
 
 _* 
 SHE 
 
 
 
a Chap. 83. In the Fourteenth Year of GE ORGE IIT. A. D. 1774. 
 
 Charter of the Province of Pennsylvania, in case the same shall be so inter- 
 sected: and from thence along the said Northern and Western boundaries 
 of the said Province, until the said Western boundary strike the Ohio; but 
 ‘n case the said bank of the said Lake shall not be found to be so intersected, 
 then followihe the said bank until it shall arrive at that point of the said 
 bank which shall be nearest to the North Western angle of the said Province 
 of Pennsylvania, and thence by a right line, to the said North Western an- 
 ole of the said Provinee; and thence along the Western boundary of the 
 said Province, until it strike the River Ohio; and along the bank of the 
 said River, Westward, to the banks of the Mississippi, and Northward to the 
 Southern boundary of the Territory granted to the Merchants Adventurers 
 of England, trading to Hudson’s Bay, and also all such Territories, Islands 
 and Countries. which have, since the tenth of February, one thousand se- 
 ven hundred and sixty-three, been made part of the Government of New- 
 “Auvexed to the Pro- foundland, be, and they are hereby, during His Majesty's pleasure, annex- 
 vince of Quebec. - ‘. 5. ~.? ee oe 
 
 ed to, and made part and parcel of the Province of Quebee, as created and 
 established by the said Royal Proclamation of the seventh of October, one 
 thousand seven hundred and sixty-three. 
 
 2 — : 
 
 Ee 5 
 et ee 
 
 Sut 
 
 » 
 a § - 
 
 ‘ 
 i) 
 te 
 i 
 7 
 t 
 
 Il. Provided always, That nothing herein contained, relative to*the boun- 
 dary of the Province of Quebec, shall in any wise affect the boundaries of 
 any other Colony. 
 
 IN. Provided always, and be it enacted, That nothing in this Act contained, 
 shall extend, or be construed to extend, to make void, or to vary or alter 
 any right, title, or possession, derived under any grant, conveyance, or 
 otherwise howsoever, of orto any Lands within the said Province, or the 
 Provinces thereto adjoining; but that the same shall remain and be in 
 force, and have effect, as if this Act had never been made. 
 
 IV. And whereas the provisions made by the said Proclamation, in res- 
 pect to the Civil Government of the said Province of Quebec, and the pow- 
 ers and authorities given to the Governor and other civil officers of the said 
 Province, by the grants and commissions issued in consequence thereof, 
 have been found upon experience, to be inapplicable to the state and cir 
 cumstances of the said Province, the inhabitants whereof amounted, at the 
 conquest, to above sixty-five thousand persons professing the Religion of the 
 Church of Rome, and enjoying an established form of Constitution and sys 
 tem of Laws, by which their persons and property had been protected, go- 
 ; verned, and ordered, for a long series of years, from the first establishment 
 
 Former provisions of the said Province of Canada; Be it therefore further enacted by the authority 
 Sr aforesaid, That the said Proclamation, so far as the same relates to the said 
 
 Province of Quebec, and the Commission under the authority whereof the 
 Government of the said Province is at present administered, and all and 
 every the Ordinance and Ordinances, made by the Governor and Council 
 of Quebec for the time being, relative to the Civil Government and adminis- 
 tration of Justice in the said Province, and all Commissions to Judges and 
 other Officers thereof, be, and the same are hereby revoked, annulled, and 
 made void, fro‘n and after the first day of May, one thousand seven hundred 
 and seventy-five. ; . 
 
 SS 
 
 
 
 o—nd oe om ah iw oo . 
 
Chap. 85.- In the Fourteenth Year of GEORGE IIE. AD. 1774. § 
 
 Y.. And for the more perfect security and ease of the minds of the inhabi- 
 tants of the said Province, it is hereby declared, that His Majesty’s subjects 
 
 rofessing the Religion of the Church of Rome, of and in the said Province 
 of Quebec, may have, hold and enjoy, the free exercise of the R 
 the Church of Rome, subject to the King’s supremacy, declared and esta- 
 blished by an Act made in the first year of the Reign of Queen Elizabeth, 
 over all the Dominions and Countries which then did, or thereafter should 
 belong, to the Imperial Crown of this Realm; and that the Clergy of the 
 said Church may hold, receive, and enjoy their accustomed dues and 
 rights, with respect to such persons only as shall profess the said Religion. 
 
 VI. Provided nevertheless, That it shall be lawful for His Majesty, His Heirs 
 er Successors, to make such provision out of the rest of the said accustom- 
 ed dues and rights, for the encouragement of the Protestant Religion, and 
 for the maintenance and support ofa Protestant Clergy within the said Pro- 
 vince, as he or they shall from time to time, think necessary and expedient. 
 
 VIl. Provided always, and be tt enacted, That no person professing the Re- 
 ligion of the Church of Rome, and residing in the said Province, shall be 
 obliged to take the oath required by the said Statute, passed in the first 
 year of the Reign of Queen Elizabeth, or any other oaths substituted by 
 any oyher Act in the place thereof; but that every such person who, by the 
 said Statute, is required to take the oath therein mentioned, shall be ob- 
 lized, and is hereby required, to take and subscribe the following oath, be- 
 fore the Governor, or such other person in such Court of Record as His Ma- 
 jesty shall appoint, who are hereby authorised to administer the same, viz.— 
 
 «J, A. B. do sincerely promise and swear, that [ will be faithful, and bear 
 true allegiance to His Majesty King George, and him will defend to the ut- 
 most of my power, against all traitorous conspiracies and attempts whatso- 
 ever, which shall be made against his Person, Crown and Dignity; and I 
 will do my utmost endeavour to disclose and make known to His Majesty, 
 His Heirs and Successors, all treasons, and traitorous conspiracies and at- 
 tempts, which I shall know to be against him or any of them; and all this I 
 do swear without any equivocation, mental evasion, OF secret reservation, 
 and renouncing all pardons and dispensations from any Power and Person 
 
 ’ ~™ $9 
 whomsoever to the contrary—So help me God. 
 
 person who shall neglect or refuse to take the said oath 
 before mentioned. shall incur and be liable to the same penalties, forfeitures 
 disabilities and incapacities, as he would have ineurred and been liable to, 
 using to take the oath required by the said Statute 
 f the Reign of Queen Elizabeth. 
 
 And every such 
 
 for neglecting or rei 
 passed in the first year o 
 
 VILL. And be it further enacted by the authority aforesaid, That all His 
 lian subjects within the Province of Quebec, the Religious 
 Orders and Communities only excepted, may also hold and enjoy their pro- 
 perty and possessions, together with all customs and usages relative there- 
 
 . Sx. ° : - = 51 r he} wh all- 
 fo, and all other their civil rights, in as large, ample, and beneficial ne 
 ier. 
 
 Majesty's Cana: 
 
 eligion of 
 
 Inhabitants of Quehee 
 may profess the Roaish 
 religion, &e. 
 
 No person professing’ 
 
 the Romish re igion 
 obliged to take the oath 
 of L siizabeth but to 
 take the following oath® 
 
 Canadian subjects 
 (religious orders ex- 
 cepted) may hold all 
 their possessions, & 
 
 a ee es fi , 
 a, ue ‘ _—_— 
 —_— - = any 
 
 _ 
 
 SS ee 
 
 Jie he hae a 
 —_ 
 
 oy 
 
 = 
 
 
 

 
 6 Chap. 83. In the Fourteenth Year of GEORGE III. A. D. 1774 
 
 Owners of goods may 
 . alienate by will, &e. 
 
 Criminal Law of 
 Fineland to be ce ntinu- 
 -ed inthe Province. 
 
 ner, as if the said Proclamation, Commissions, Ordinances, and other Acts 
 and Instruments, had not been made, and as may consist with their allegiance 
 to His Majesty, and subjection to the Crown and Parliament of Great Bri 
 tain; and that in all matters of controversy relative to property and ciyil 
 rights, resort shall be had tothe Laws of Canada, as the rule for the deti- 
 sion of the same; and all causes that shall hereafter be instituted in any of 
 the Courts of Justice, to be appointed within and for the said Province, by 
 His Majesty, His Heirs and Successors, shall with respect to such property 
 and rights, be determined agreeably to the said Laws and Customs of Ca- 
 nada, until they shall be varied or altered by any Ordinances that shall, from 
 dime to time, be passed in the said Province, by the Governor, Lieutenant 
 Governor, or Commander in Chief, for the time being, by and with the ad- 
 vice and consent of the Legislative Council of the same, to be appointed in 
 manner hereinafter mentioned. 
 
 IX. Provided always, That nothing in this Act contained shall extend, or 
 ‘be construed to extend, to any lands that have been granted by His Majesty, 
 or shall hereafter be granted by His Majesty, His Heirs and Successors, to 
 be holden in free and common soccage. 
 
 X. Provided also, That it shall and may be lawful to and for every person 
 that is owner of any lands, goods, or credits, in the said Province, and that 
 has a right to alienate the said lands, goods, or credits, in his or her life-time, 
 by deed of sale, gift, or otherwise, to devize or bequeath the same, at his or 
 her death, by his or her last willand testament; any Law, usage or custom, 
 heretofore or now prevailing in the Province, to the contrary hereof in any 
 wise notwithstanding; such will being executed, either according to the 
 Laws of Canada, or aecording to the forms preséribed by the Law of Eng- 
 
 and, 
 
 XI. And whereas the certainty and lenity of the Criminal Laws of England, 
 and the benefit and advantages resulting from the use of it, have been sen- 
 sibly felt by the inhabitants, from an experience of more than mine years, 
 during which it bas been uniformly administered; Be tt therefore Jurther 
 enacted by the authority aforesaid, That the same shall continue to be admi- 
 nistered, and shall be observed as Law in the Province of Quebee, as well 
 in the description and quality of the offence, as in the method of prosecn- 
 tion and trial; and the punishments and forfeitures thereby inflicted, to the 
 exclusion of every other rule of Criminal Law, or mode of proceeding there- 
 on, which did or might prevail in the said Province, before the year of our 
 Lord one thousand seven hundred aud sixty-four; any thing in this Act lo 
 the contrary thereof in any respect notwithstanding; subject nevertheless 
 to such alterations and amendments as the Governor, Lieutenant Governor, 
 or Commander in Chief, for the time being, by and with the advice and 
 consent of the Legislative Council of the said Provinee, hereafter to be ap- 
 pointed shall, from time to time, cause to be made therein, in manner here- 
 in after directed. 
 
Chap. 83. In the Fourteenth Year of GEGRGE III. A.D. 1774. 7 
 
 XII. And whereas, it may be necessary to ordain many regulations for 
 the future welfare and good government of the Province of Quebec. the 
 occasions of which cannot now be foreseen, nor, without much delay and 
 
 inconvenience, be provided for, without intrusting that authority, for a 
 
 certain trme, and under proper restrictions, to persons resident there: And 
 whereas, it is at present inexpedient to call an Assembly; Be it therefore 
 enacted by the authority aforesaid, That it shall and may be lawful for His 
 Majesty, His Heirs and Suecessors, by warrant under His or their Signet 
 or Sign Manual, and with the advice of the Privy Council, to constitute and 
 appoint a Council for the affairs of the Province of Quebec, to consist of 
 such persons resident there, not exceeding twenty-three, nor less than se- 
 venteen, as His Majesty, His Heirs and Successors, shall be pleased to 
 
 appoint; and, upon the death, removal, or absence of any of the Members 
 
 of the said Council, in like manner to constitute and appoint such and so 
 many other person or persons as shall be necessa ry to supply the vacancy 
 or vacancies; which Council, so appointed and nominated, or the major 
 part thereof, shall have power and authority to make Ordinances for the 
 peace, welfare, and good government of the said Province, with the consent 
 of His Majesty’s Governor, or in his absence, of the Lieutenant Governor. 
 or Commander in Chief for the time being. 
 
 XI. Provided always, That nothing in this Act contained shall extend 
 to authorize or empower the said Legislative Council to lay any taxes or 
 duties within the said Province, such rates and taxes only excepted, as the 
 inhabitants of any Town or District, within the said Province, may be 
 authorised by the said Council to assess, levy, and apply, within the said 
 Town or District, for the purpose of making roads, erecting and repairing 
 public buildings, or for any other purpose respecting the local convenience 
 and ceconomy of such Town or District. 
 
 XIV. Provided also, and be it enacted by the authority aforesaid, That every 
 Ordinance so to be made, shall, within six months, be transmitted by the 
 Governor, or in his absence, by the Lieutenant Governor, or Commander 
 in Chief for the time being, and laid before His Majesty for his Royal Ap- 
 probation; and if His Majesty shall think fit to disallow thereof, the same 
 shall cease and be void frem the time that His Majesty’s Order in Council 
 thereupon shall be promulgated at Quebec. 
 
 XV. Provided also, That no Ordinance touching Religion, or by which 
 any punishment may be inflicted greater than fine or imprisonment for three 
 months, shall be of any force or effect, until the same shall have received 
 His Majesty’s approbation. 
 
 XVI. Provided also, That no Ordinance shall be passed at any meeting 
 of the Council where less than a majority of the whole Council is present, 
 or at any time except between the first day of January and the first day of 
 May, unless upon some urgent occasion, I winch case every Member 
 thereof resident at Quebec or within fifty miles thereof, shall be personally 
 summoned by the Governor, or, in his absence, by the Lieutenant Governor, 
 
 ° “7° ere . . . a ee 
 or Commander in Chief for the time being, to attend the same. XVIkx 
 
 His Majesty may ap 
 point a Counci!, &e 
 
 When Ordivances are 
 to be pressed by a@ mas 
 
 ~ jority. 
 
 ; 
 } * 
 * 
 4 
 . '? 
 * 
 ft 
 Lb ey 
 - 
 . 
 
 ee 
 
 a act ant Tuts 
 
 ae 
 
 - cr 
 etl 
 
 . , ye-me, > 
 ee er 
 
 y - 
 
 
 
~ 
 
 Tape: fae = 
 
 * «£ 
 
 * 7 ¥ - 
 
 a ee - 
 RS - 
 
 = oe > ‘ 
 5: als. RI 
 TF seo? Sc aciee 4 
 
 —_ 
 
 
 
 ie 
 
 8 Bap. 83-88. In the Fourteenth Year of GEORGE Hf. A.D. 1774. 
 
 See C. 88, and 15 
 Geo. 3d, c. 40. 
 
 Certain duties im- 
 posed by his most 
 Christian Majesty upon 
 Rum, Brandy, &c. im- 
 perted into Quebec. 
 
 «to be disgontinued. 
 
 herein contained, shall extend or be construed to extend, to prevent or hin- 
 der His Majesty, His Heirs and Successors, by his or their Letters Patent, 
 ander the Great Seal of Great Britain, from erecting, constituting, and ap- 
 pointing such Courts of Criminal, Civil, and Ecclesiastical Junsdiction, with- 
 ‘n and forthe said Province of Quebec, and appointing, from time to time, 
 the Judges and Officers thereof, as His Majesty, His Heirs and Successors, 
 shall think necessary and proper for the circumstances of the said Pro- 
 
 vince. 
 
 XVIII. Provided always, and it is hereby enacted, That nothing in this Act 
 contained shall extend, or be construed to extend, to repeal or make void 
 within the said Province of Quebec, any Act or Acts of the Parliament of 
 Great Britain heretofore made, for prohibiting, restraining, or regulating the 
 trade or commerce of His Majesty’s Colonies and Plantations in America; 
 but that all and every the said Acts, and also, all Acts of Parliament hereto- 
 fore made concerning or respecting the said Colonies and Plantations, shall 
 be, and are hereby declared to be, in force within the said Province of Que- 
 bec, and every part thereof. 
 
 saantipoetind OR EOE OES er ret Se eee 
 
 EE EE NE 
 
 CHAP. LXXXVIILI. 
 
 An Act to establish a Fund towards further defraying the Charges of the Administration of Jus- 
 tice, and Support of the Civil Government within the Province of Quebec, in America, 
 
 7 HEREAS, certain Duties were imposed by the authority of His Most 
 Christian Majesty,.upon Wine, Rum, Brandy, Eau de Vie de Liqueur, 
 imported into the Province of Canada, now called the Province of Quebec, 
 and also a duty of three pounds per centum ad valorem, upon all dry coods im- 
 ported into, and exported from the said Province, w hich Duties subsisted at 
 the time of the surrender of the said Province to your Majesty’s forces in the 
 late war: And whereas, it is expedient that the said Duties should cease 
 and be discontinued; and that in lieu and instead thereof, other Duties 
 should be raised by the authority of Parliament, for making a more adequate 
 provision for defraying the charge of the Administration of Justice, and the 
 Support of the Civil Government in the said Province: We your Majesty’s 
 most dutiful and loyal Subjects, the Commons of Great Britain, in Parlia- 
 ment assembled, do most humbly beseech Your Majesty that it may be enact- 
 ed, and be it enacted by the King’s most excellent Majesty, by. and with the 
 advice and consent of the Lords Spiritual and Temporal, and Commons, 10 
 this present Parliament assembled, and by the authority of the same, That 
 from and after the fifth day of April, one thousand seven hundred and seventy 
 five, all the Duties which were imposed upon Rum, Brandy, Eau de Vie de 
 
 Liqueur, within the said Province, and also of three pounds per centum a 
 valorem, on dried Goods imported into, or exported from the said Province, 
 under the authority of His Most Christian Majesty, shall be and are hereby 
 discontinued ; 
 
 
 
Chap. 88. Jn the Fourteenth Year of GEORGE HI. 8. D. 1775 
 
 discontinued ; and that in lieu and instead thereof, there shall. from and af. 
 ter the said fifth day of April, one thousand seven hundred and seventy five, 
 be raised, levied, collected, and paid, unto His Majesty, His Heirs and Sue- 
 cessors, for and upon the respective Goods hereinafter mentioned, which 
 shall be imported or brought into any part of the said Province, over and 
 above all other Duties now payable in the said Province, by any Act or 
 Acts of Parliament, the several Rates and Duties following : that is to say, 
 
 For every gallon of Brandy, or other Spirits, of the manufacture of Great 
 Britain, three pence. 
 
 For every gallon of Rum, or other Spirits, which shall be imported or 
 brought from any cf His Majesty’s Sugar Colonies in the West Indies, six 
 pence. 
 
 Por every galion of Rum, or other Spirits, which shall be imported or 
 brought from any other of His Majeety’s Colonies or Dominions in America, 
 nine pence. 
 
 For every galfon of Foreign Brandy, or other Spirits of Foreign manufac- 
 ture, imported or brought from Great Britain, one shilling. 
 
 For every gallon of Rum or Spirits. of the produce or manufacture of any 
 of the Colonies or Plantations in America, net inthe possession or under the 
 cominion of His Majesty, imported from any other place except Great Bri- 
 tain, one shilling. xe 
 
 For every gallon of Molasses and Syrups, which shall be imported or 
 brought into the said Province, in ships or vessels belonging to His Majes- 
 ty’s subjects in Great Britain or treland, or to His Majesty’s subjects in the 
 said Province, three pence. 
 
 For every gallon of Molasses and Syrups, which shall be imported or 
 bronght into the said Province, in any other ships or vessels, in which the 
 same may be legally imported, sixpence; and after those rates for any 
 greater or less quantity of such goods respectively. 
 
 cr 
 
 Hl. And itis hereby further enacted by the authority aforesaid, That the said 
 
 Rates and Duties, charged by this Act, shall be deemed, and are hereby 
 declared to be, Sterling Money of Great Britain, and shall be collected. re- 
 covered and paid, to the amount of the value of which such nominal sums 
 bear in Great Britain; and that such monies may be received and taken ac- 
 cording to the proportion and value of five shillings and sixpence the ounce 
 insilver; and that the said Duties, herein before granted, shall be raised, 
 levied, collected, paid, and recovered, in the same manner and form, and by 
 such rules, ways and means, and under such penalties and forfeitures, ex- 
 eept in such cases where any alteration 1s made by this Act, as any other 
 Duties payable to His Majesty, upon Goods imported into any British-Colo- 
 ny or Plantation in America, are or shall be raised, levied, collected, paid, 
 and recovered, by any Act or Acts of Parliament, as fully and effectually, 
 to allintents and purposes, as if the several clauses, powers, directions, pe- 
 nalties. and forfeitures, relating thercto, were particularly repeated and 
 again enacted in the body of this present Act; and that all the monies that 
 shall arise by the said Duties, (except the necessary charges of rais- 
 ing, collecting, levying, recovering, answering, paying, and accounting fo 
 - the 
 
 L. 
 
 and in stead the fo! 
 
 lowing Duties to te 
 
 paid 
 
 fi 
 
 Rates deemed Stey- 
 
 ig money of Gicat 
 
 Brits 
 FP. Air 
 
 fi 
 
 cr: 
 
 73 Te PEM ge 
 IRR EIAS Peg. 
 
 ¥ 
 at os 
 
 ¢. 
 =< FS. 
 
 
 

 
 19 Chup. 88. in the Fourteenil cll Year of GEO oR Py oj fTT. AA D. 1774, 
 
 and how applied 
 
 Soin om 0 De pal id the same.) shall be pa id by’ the Coliector of 
 > 
 
 te culations with res- 
 
 pect to rouds breught 
 mtothe Province char- 
 
 ron : 0. 
 seable, OE 
 
 Penalties and for- 
 féitures, ke. 
 
 f His Majesty’s Customs, into the. 
 
 eceiver General in the said Province for the time 
 being, and shall be applied, 1 : the first place, in making a more certain and 
 adequate prov ision, towards defray ig the expences of the Administration 
 
 hands of His Majesty Ss H 
 i* 
 :} 
 
 of Justice, and of the support of Uli a (iovernment in the said Province; and 
 that the Lord High Treasurer, or Jommisstioners 6 f His Majesty’ s ‘Treasu- 
 ry, or any three or more of them i for the time be ing, shall be, and is or are 
 hereby empow ered, from time to time, by any warrant or warrants under his 
 ly mone j to be ap} olied out of the said 
 1e@ Si 4d ing siy 4 and that 
 be reserv od j inthe hands of 
 
 or their hand or hands, to cause suc 
 produce of ae said Duties. towards defray ying 
 the residne of the pad 7 ties shal l}remain aid 
 
 Lie 
 ins ee oe . : oe § ’ ‘LEST iP a t) . 
 the bail ict iN er Ge ral, for i ic ft pure Gispoesition of | 2 al ‘Hiame ot. 
 
 Il. And it is hereby further enacted by tie author 10) aforesaul, That if any 
 Goods ¢ hargeable with an y of the said uties herein before men tioned, Ss! hall 
 
 be brought 1 te the said Province by lanu carriage, the same shall pass 
 and be carried th rough the port of S: aint Johns near the River Sorrel; or if 
 such Goods shall be brought into the sa id Provinee by any inland naviga- 
 tion, other shit that upon the River Saint Lawrence, the same shalb pass 
 and be carried upon the said River Sorrel, by the said port, and shall be 
 there entered with, and the said respective Rates and Duties paid for the 
 same, to such Officer or Officers of is Majesty’s Customs as shail be there 
 appoited for that purpose; and if any such Goods com ning by land carriage 
 oriniand 1 avigation, as aforesaid, shal! pass by or Beyond the said place. 
 before name ed, without entry or payment of the said Rates and Duties, or 
 shall be brought into any part of the said Province. by or thioctieh any other 
 slace wh: itsoey. er. the said Goods shall be for! reited ; and every person who 
 shall be assisting, or other wise concerned in the bringing or removing such 
 Gadds 3, or to whose hands the same shall con sknowing ¢ that they were 
 brought or rem oved contrary to this Act, shall forfeit treble the value of 
 such Goods, to be estimated ‘and computed according to the best price that 
 each respective commodity bears in the ‘Town of Quel yec, at the time such 
 offence shall be committed; and all the horses, cattle, boats, vessels, and 
 other carriages whatsoever, made use of in the remova il, carriage, or con- 
 veyance of such Goods, shall also be forfeited ne lost, and shall and may 
 be seized by any Officer of His Majesty’s Customs, a nd prosecuted, as here- 
 
 y 
 in after mentioned. 
 
 LV. Anil it is hereby further enacted by the authority aforesaid, That the said 
 enalties and forfeitures by this Act inflicied, sh: Wl be sued for and prose- 
 cuted in any Court of Admiralty, or Vice Admiral! y, having jurisdict 10f 
 within the said Province, and the same shall and may be recovei red and di- 
 Bs ‘1 the same manner and form, and by the same rules and regulations, 
 1» all respects, as other pen: alties and forfeitures for offences against the 
 Lae s rel: iting to the Customs and Trade of His Majesty’s Colonies 10 Ame- 
 rica, shallor may, by any Act or Acts of Parliament, be sued for, prose 
 
 cuted, recovered, and divided. 
 
 V. And be it further enacted by the authority «foresar , Chat there shall, 
 from 
 
Chap. 88. In the Fourteenth Year of GEORGE WT. 4. D. 1774 1} 
 
 from and after the fifth day of April, one thousand seven hundred and se- 
 yventy-five, be raised, levied, collected, and paid unto His Majesty’s Re- 
 ceiver General of the said Province, for the use of His Majesty, His Heirs 
 
 and Suecessors, a Duty of one pound sixteen shillings, Sterling Money of 
 
 Great Britain, for every licence that shall be granted by the Governor, 
 Lieutenant Governor, or Commander in Chief of the said Province, to any 
 person or persons for keeping a house or any other place of public enter- 
 tainment, or for the retailing wine, brandy, rum, or any other spirituous li- 
 quors, within the said Province; and any person keeping any such house 
 or place of entertainment, or retailing any such liquors without such li- 
 cence, shall forfeit and pay the sum of ten pounds for every such offence, 
 upon conviction thereof; one moiety to such person as shall inform or pro- 
 secute for the same, and the other moiety shall be paid into the hands of the 
 Receiver General of the Province, for the use of His Majesty. 
 
 VI. Provided always, That nothing herein contained shall extend or be 
 eonstrued to extend, to discontinue, determine, or make void, any part of 
 the territorial or casual revenues, fines, rents, or profits whatsoever, which 
 were reserved to and belonged to His Most Christian Majesty, before and 
 at the time of the conquest and surrender thereof to His Majesty the King 
 of Great Britain; but that the same, and every of them, shall remain and 
 be continued to be levied, collected, and paid, in the same manner as if this 
 Act had never been made, any thing therein contained to the contrary not- 
 withstanding, 
 
 Vil. And he it further enacted by the authority aforesaid, That if any action 
 or suit shall be commenced against any person or persons for any thing 
 done in pursuance of this Act, and if it shall appear to the Court or Judge 
 where or before whom the same shall be tried, that such action or suit is 
 brought for any thing that was done in pursuance of and by the authority 
 of this Act, the defendant or defendants shall be indemnified and acquitted 
 for the same; and if such defendant or defendants shall be so acquitted, or 
 if the plaintiff shall discontinue such action or suit, such Court or Judge 
 ‘shall award to the defendant or defendants treble costs. 
 
 ¢ 
 
 H A P. 
 
 Any person keeping 
 athouse of public en- 
 fertainment, to pay Jo! 
 i6s for aliceace. 
 
 Penaliy of £10 for 
 every offence. 
 
 Not to make void 
 French revenues, &¢. 
 
 Treble costs 
 Explained & amend- 
 ed, 15 Geo. 3. c @. 
 
 
 
IN THE FIFTEENTH YEAR OF THE REIGN OF 
 
 GEORGE THE THIRD, 
 
 At the Parliament begun and holden at Westminster, the twenty-ninth day of 
 November in the year of our Lord 1774, in the fifteenth year of the Keign of 
 our Sovereign Lord GEOR'1E the THIRD, by the Grace of God, of 
 Great Britain, France, and Ireland, King, Defender of the Faith, $e. being 
 the first Session of the Fourtcenth Parliament of Great Britain. 
 
 AA han. 
 
 An Act for amending and explaining an Act, passed in the fourteenth year of His Majesty's 
 Reign, intituled, ‘* An Act to establish a fund towards further defraying the Charges of Adminis- 
 tration of Justice, and support of the Civil Government within the Province of Quebec, in 
 America,” 
 
 eee AY 7HEREAS by an Act passed iu the fourteenth year of His Majesty’s 
 i 1€C».3d, ¢ $8, 
 
 
 
 Reign, intituled “ An Act to establish a fund towards further defray- 
 ing the charges of the Administration of Justice, and support of the Civil Go- 
 vernment within the Province of Quebec, in America,” it is, amongst other 
 things enacted, That if any goods, chargeable with any of the Duties in the 
 said Act mentioned, shall be brought into the said Province by. land car- 
 riage, the same shall pass and be carried through the port of Saint John’s 
 near the River Sorrel; or if such goods shall be brought into the said Pro- 
 vince by any inland navigation, other than that upon the River Saint Law- 
 rence, the same shall pass and be carried upon the said River Sorrel by the 
 said port, and shall be there entered with, and the said respective Rates 
 and Duties paid for the same, to such officer or officers of His Majesty’s Cus- 
 toms, as shall be there appointed for that purpose; and if any such goods 
 coming by land carriage or inland navigation, as aforesaid, shall pass by or 
 beyond the said place before named, without entry or payment of the said 
 Rates and Duties, or shall be brought into any part of the said Piovince, by 
 or through any other place whatsoever, the said goods shall be forfeited; a 
 every person who shall be assisting, or otherwise concerned, in the bringing 
 or removing such goods, or to whose hands the same shall come, knowing 
 that they were brought or removed contrary to this Act, shall forfeit treble 
 the value ofsuch goods, to be estimated and computed according to the best 
 price that each respective commodity bears in the Town of Quebec at i: 
 
 the 
 
Char. 40. In the Fourteenth Year of GEORGE Il. A. D.AT74. 13 
 
 time such offence shall be committed; and all the horses, cattle, boats, ves- 
 
 sels, and other carriages whatsoever, made use of in the removal, carriage or 
 
 conveyance of such goods, shall be forfeited and lost, and shail and may be 
 seized by any cflicer of His Majesty’s Customs, and prosecuted as therein al- 
 ter mentioned: And whereas there is reason to apprehend that the regulations 
 and restrictions contained in the said herein before recited clause, ‘so far as 
 they relate to the bringing cf Rum, Brandy, or other Spirits, into the Pro- 
 yince of Quebee, by land’ carriage, may, without further explanation, ope- 
 rate to the prejudice and disadvantage of the commerce carried on with tlic 
 Indians in the upper or interior parts of the said Province; We your Majes- 
 ty’s most dutiful and loyal Subjects, the Commons of Great Britain, in Par- 
 liament assembled, do most humbly beseech Your Majesty that it may be 
 enacted, and be it enacted by the King’s most excellent Majesty, by and with 
 the advice and consent of the Lords Spiritual and Tenporal, and Commons, 
 in this present Parliament assembled, and by the authority of the same, That 
 it shall and may be lawful to and for all His Majesty’s subjects, freely to bring, 
 
 carry, or convey, by land carriage or inland navigation, into any parts of the 
 Province of Quebec, not heretofore comprehended within the limits thereof by 
 His Majesty’s Proclamation of the seventh of October, one thousand seven 
 
 hundred and sixty-three, any quantity of Rum, Brandy, or other Spirits ; any 
 
 thing contained in the before recited Act of Parliament to the contrary thereot 
 
 in any wise notwithstanding, 
 
 CH A P. 
 
 His iTajesty's Suv 
 
 jects may bring any 
 
 quantify of Ram, Bran- 
 dy, Wt". 
 
 
 

 
 IN THE THIRTY-FIRST YEAR OF THE REIGN OF 
 
 GEORGE THE THIRD. 
 
 Mt the Porliament begun and holden at Westminster, the Tventy-fifth day of 
 November, in the year of our Lord 1790, tn the thirty-firsi year of the Reign 
 of our Soverrign Lord GEORGE the THIRD, by the Grace ef God, of 
 Great Britain, France, and Ireland, King, Defender of the Faith, $c. being 
 the first Session of the Seventeenth Parliament of Great Batain. - 
 
 ait oe =m 
 
 CHAP. XXXII. 
 
 An Act to repeal certain parts of an Act, passed in the fourteenth year of His Majesty’s Reign, 
 intitu'ed, ‘*An Act for making more effectual provision for the Goverment of the Province 
 of Quebec, in North America,” and to make further provision for the Government of the 
 said Province. | 
 
 Vv HEREAS, an Act was passed in the fourteenth year of the Reign of 
 
 His present Majesty, intifuled, “An Act for making more effectual 
 
 i4th Géo. 3, cap.83, Provision for the Government of the Province of Quebec, inNorth America ;” 
 
 eee And whereas, the said Act is in many respects inapplicable to the present 
 
 condition and circumstances cf the said Province; And whereas, it is expe- 
 
 dient and necessary that further provision shonld now be nade for the good 
 
 Government and prosperity thereof: May it therefore please your Most Ex- 
 
 cellent Majesty that it may be enacted, and Be it enacted by the King’s 
 
 Most Excellent Majesty, by and with the advice and conent of the Lords 
 
 Spiritual and Temporal, and Commons, in this present Parliament as- 
 
 So much of recited Sembled, and by the authority of the same, That so much pf the said Act as 
 
 Taubes ca Gouna in any manner relates to the appointment of a Council forthe affairs of the 
 
 for Quebec, or its pow- Said Province of Quebec, or to the power given by the said Act to the said 
 
 si camsbibe Council, or to the major part of them, to make Ordinanres for the peace, 
 
 welfare, and good Government of the said Province, with the consent of His 
 
 Majesty’s Governor, Lieutenant Governor, or Commande: in Chief for the 
 time being, shall be, and the same is hereby repealed. 
 
 Preamble. 
 
 If. And whereas, His Majesty has been pleased to signify, by his Message 
 to both Houses of Parliameit, His Royal Intention to divice bis Province of 
 Quebec 
 
i 
 
 at 
 
 Chap. 31. In the Fourteenth Year of GEGRGE Ul. A. D. 1774. 15 
 
 Quebec info two separate Provinces, to be called the Province of Upper 
 Canada, and the P-ovince of Lower Canada: Be it enacted by the authority 
 aforesaud, ‘That there shall be within each of the said Provinces respective- 
 ly, a Legislative Council, and an Assembly, : be severally composed and 
 constituted in the manner herein after described; and that in each of the 
 said Provinces resjectively, His Majesty, His Heirs or Success sors, Shall have 
 ower, during ine ‘ontinuance of this Act, by and with the advice and con- 
 gent of the Legislative Counciband assembly of such Provinces res pec wien 6 
 to make Laws for the peace, welfare, and good Government thereof, suc! 
 Laws not being repugnant to this Act; and that all such Laws, being paiss- 
 ed by the Legislative (ouncnl and Assembly of ether of the said Provinces 
 respectively, and assented to by His Majesty, His Heirs or Successors, or 
 assented to in His Majesty’s name, by such person as His Majesty, His Heirs 
 er Successors, shal from time to time appoint to be the Governor or Lieu- 
 tenant Governor o such Province, or by such person as [is Majesty, His 
 Heirs or Successor, shall, from time to time, pee lo administer the Go- 
 
 yvernment with in the same, shall ot and th e same are hereby declared to 
 
 be, by virtue of and under the autho rity of this Act, vehi and binding, to all 
 intents and purposes whatever, within the Province in which the same 
 shall have been so passed. 
 
 Hil, And be it frriher enacted by the authority aforesard, That for the pur- 
 pose of constituting such Legislative Council, as aforesaid, in each of the 
 said Provinces respectively, it shall and may be lawful for His Majesty, oe 
 lieirs or Successors, by an instrument under his or their Sign Manual, 
 
 authorise and dired the Governor or Lieulenant Gove rnor, or Persoa a. 
 
 ministering the Government, in each of the said Provinces $ respectively, 
 within the time heiein after mentioned, id this Majesty’s name, and by an 
 isirument under the Great Seal of hae i; Province, to summon to the said 
 Legislative Council, to be established in each of the on Provinces respec- 
 tively, a sufficient 1umber of discreet and proper persons, being not fewer 
 than seven to the Legislative Council, for the Province of U pper Canada, 
 
 and not fewer thanfifteen to the Legislative Council for the Provinee of 
 
 Lower Canada; and that it shall also be lawful for His Majesty, His Heirs 
 or Successors, from time to time, by an instrument ander his or their Sign 
 Ma wual, fo authorse and direct the Governor or Lieutenant Governor, or 
 Person Eats tering the Government in each © f the said Provinces respec- 
 lively, to summon io the Legislative Couneil of such Province, in like man- 
 set such other person or persons as His Majesty, His Heirs or Successors, 
 shall think fit ; and th: at every person who shail be so sumutoned to the i.e- 
 fislative Guiiitc iio! either of thes said Provinces respectively, shall thereby 
 become a Memberef such Legislative Council, to which he shall have beer 
 50 summoned. a 
 
 IV. Provided aluays, and be wt enacted by the authority aforesaid, That no 
 Person shalt be summoned to the Legislative Council, in either ef the said 
 rovinces, who shal not be of the full age Rape 9 one vears, and a natural 
 
 : S.A See Sy Ee : 
 
 born subje ct of His Maiesty, or a sui biect of is Majesty naturalized by Act 
 L i. Ate J ~ a * @ : ; x , i. > . 3 ree 
 
 Of the British Parliament, ora subje ct of Hlis Ifa yes ly, Having Decaine sinh 
 by th © CO} ij juest catia cession of the - roy ince “of ¢ Canadas ae 
 
 Within each of the 
 intended Provinces, a 
 LezgisiativeCoune | and 
 Assembly to be consti 
 tuted, by whose advice 
 His Majesty may make 
 Liws for the Gover: 
 ment of the Pravince: 
 
 His Majesty may 
 authorize the Govers 
 or, or Lieutenant Go- 
 vernor of each Pra- 
 vince,to umMmon me m- 
 bers to the Leg lative 
 Council, 
 
 No person’ under 39 
 years of age, &¢. to be 
 Suinmoner i, 
 
 
 

 
 “fg 
 
 16 
 
 Chap. 81. In the Fourteenth Year of GEORGE WI. 4. D.1774. 
 
 embers to hold their 
 
 seats for life. 
 
 His Majesty may an- 
 nex to hereditary titles 
 
 ef honor, the right of 
 
 being summoned to the 
 
 } egislatis e Council, 
 
 V. And be it further enacted by the authority aforesaid, ‘That every Mem- 
 ber of-each of the said Legislative Councils shall hold his seat therein for 
 the term of his lh: oo ine subject nevertheless to the provisions herein afier 
 
 contained for vacating the same, in the eases herein after specified. 
 
 VI. And be it further enacted by the authority aforesaid, That whenever 
 His Majesty, His Heirs or Successors, shall think proper to confer upon 
 any subject ‘of. the Crown of Great Britain, by Letters Patent under the 
 Great Seal of either of the said Provinces, any hereditary title of honor, 
 rank, or dignity of such Province, eseenasbie according to any course of 
 descent limited in such Letters Patent, it shall and may “be lawful for His 
 Majesty, His Heirs or Successors, to annex shereti by the said Letters 
 Patent, if His Majesty, His Heirs or Successors, shall so think fit, an he- 
 
 reditary right of being summoned to the Legislative Council of such Pro- 
 vince, descendible ac cording to the course of descent so limited with 
 respect to such title, rank, or dignity; and that every person on whom such 
 right shall be so conferred, or to whom such right shall severally so descend, 
 shall thereupon be entitled to demand from the Gov ernor, Lieutenant Go- 
 vernor, or Person administering the Government of such Province, his writ 
 of summons to such Le egislative Council, at any time after he shall have at- 
 tained the age of twenty-one years, subject nevertheless to the provisions 
 herein after contained, 
 
 VIl. Provided al: nays, and be it furt her enacted by the authority aforesaid, 
 ‘That when and so often as any person to whom such hereditary rigat s shall 
 have descended, ¢ hall, without the permission of His Majesty, Tis Heirs 
 or Successors, signified tg the Legislative Council of the Province by the 
 Governor, Lieutenant Governor, or Person administering the Government 
 there, bh ave been absent from the said Province for the space of four years 
 continually, at any time between the date of his succeeding to such right, 
 
 and the time of his applying for such writ of su mmons, if he shall have 
 h een ee age of twenty-one years, or upwards‘at the time of lis so suc- 
 ata 
 
 ceeding, ny time bel tween the date of his attainmeg the e's ‘is d age and 
 the time of i so applying, if he shall not have béen of the said ege at the 
 time of his so succeeding; and also, when and so often as an re such person 
 
 shall, at any time before his applying for such writ of summons, have taken 
 
 any oath of x allegiance or wedieice to any Foreign Prince cr Power, 19. 
 
 every such case such person shall not be entitled to receive any writ of 
 summons to the Legislative Council by virtue of such hereditary right, une 
 less His Majesty, Hiis Heirs’or Successors. shall, at any time think fit, by 
 instrument under his or their Sign Manual, to direct that such person chall 
 be summoned to the said Council; and the Governor, Lieutenant Govern- 
 or, or Person administering the Government in the said Provinces soars 1968 
 tively, is hereby authorized and required, previous to eranting such writ 
 of summons to any person 60 § applying for the: same, Pe interrogate such 
 person upon oath, touching the said several particulars. before euch Exe- 
 cutive Council as shall have been appointed by His Majesty, His Heirs or 
 ouecessors, within such Province. ford the affairs thereof. vIn 
 
 Ws 
 
Chap. 31.. In the Thirty-first Year of GEORGE II. A.D. 1791. ay 
 
 VIIl. Provided also, and be it further enacted by the authority aforesaid, That _ Seats ia Council va- 
 if any Member of the Legislative Councils of either of the said Provinces °°! "°°" @*** 
 respectively, shall leave such Province, and shall reside out of the same 
 for the space of four years continually, without the permission of His Ma- 
 jesty, His Heirs or Successors, signified to such Legislative Council by the 
 Governor, or Lieutenant Governor, or Person administering His Majesty’s 
 Government there, or for the space of two years continually, without the 
 like permission, or the permission of the Governor, Lieutenant Governor. 
 or Person administering the Government of such Province, signified to such 
 Legislative Council in the manner aforesaid; or if any such Member shall 
 take any oath of allegiance or obedience to any Foreign Prince or Power, 
 his seat in such Council shall thereby become vacant. 
 
 IX. Provided also, and be it further enacted by the authority aforesaid, That Tete miinty rights ol 
 in every case where a writ of summons to such Legislative Council, shall Sek ic dee 
 have been lawfully withheld from any person to whom such hereditary pended during the lives 
 right as aforesaid, shall have descended, by reason of such absence from their deriinee eat the 
 the Province as aforesaid, or of his having taken an oath of allegiance or Seton ag entitled 
 _ obedience to any Foreign Prince or Power, and also in every case where aes en 
 
 the seat in such Council of any Member thereof, having such hereditary 
 
 right as aforesaid, shall have been vacated by reason of any of the causes 
 herein before specified, such hereditary right shall remain suspended dur- 
 ‘ing the life of such person, unless His Majesty, His Heirs or Successors, 
 
 shall afterwards think fit to direct that he be summoned to such Council; 
 ' but that on the death of such person, such right, subject to the provisions 
 herein contained, sha!! descend tothe person who shall next be entitled 
 thereto, according to the course of descent limited in the Letters Patent by 
 
 which the same sha!l have been originally conferred. 
 
 X. Provided also, and be it further enacted by the authority aforesaid, That. Seats in Couneil for- 
 j if any Member of either of the said Legislative Councils shall be attainted sights extinguished, for 
 for Treason in any Court of Law within any of His Majesty’s Dominions, ‘e+. 
 
 his seat insuch Council shall thereby become vacant, and any such heredi- 
 
 tary right as aforesaid then vested in such person, orto be derived to any 
 
 _ other person through him, shall be utterly forfeited and extinguished. 
 
 XI. Provided also, and be it further enacted by the authority aforesaid, That gp nestions respecting 
 whenever any question shall arise respecting the right of any person to wes pe hgh ag 
 summoned to either of the said Legislative Councils respectively, or respect- owes Riot d as 
 ing the vacancy of the seat in such Legislative Council, of any person having 
 been summoned thereto, every such question shall, by the Governor, or 
 Lieutenant Governor of the Province, or bythe Person administering theGo- 
 vernment there, be referred to such Legislative Council, to be by the said 
 Council heard and determined; and that it shall and may be lawful, either 
 
 for the person desiring such writ of summons, or respecting whose seat such 
 
 question shall have arisen, or for Eis Majesty s Attorney General of such 
 
 _ Province in His Majesty’s name, to appeal from the determination of the 
 
 + gaid Council, in such case, to His Majesty in His Parliament of Great Bri- 
 
 tain; and that the judgment thereon of His Majesty, in His said Parlia- 
 
 ment, shall be final and conclusive to all intents and purposes whatever. 
 
 a & XI. 
 
 iv ; 
 
 ~ Fat% 
 » = pee 
 
 
 

 
 SH . 
 
 = ee 
 
 3 4 PG = — ~ =. 
 ee 
 
 - = - ” 
 ‘ ere s Pees Reems | 
 eet ere Seen See 
 = EE A OS 
 
 wrt 
 eg 
 
 ~ ~ 
 Ty. Pees 
 
 18 Cc 
 
 The Goverwor of the 
 Province may appoint 
 and remove the Speak- 
 er, 
 
 His Majesty may au- 
 thorize the Governor 
 to call together the As- 
 sembly, 
 
 and, for the purpose uf 
 electing the Members, 
 to issue a Proclawation 
 dividing the Province 
 into Districts, &c. 
 
 Power of the Gos 
 vernor to appoint Re- 
 turning Officers to con* 
 tinue two years ‘vom 
 the commencement of 
 this Act, 
 
 hap. 31. In the Thirty-first Year of GEORGE I. A. D. 1791. 
 
 XII. And be it further enacted by the authority aforesaid, That the Go- 
 vernor or Lieutenant Governor of the said Provinces respectively, or the 
 Person admmistering His Majesty’s Government therein respectively, shall 
 have power and authority from time to time, by an instrument under the 
 Great Seal of such Province, to constitute, appoint, and remove the Spea- 
 kers of the Legislative Councils of such Provinces respectively. 
 
 XII. And be it further enacted by the authority aforesaid, 'Vhat for the 
 purpose of constituting such Assembly as aforesaid, in each of the said 
 Provinces respectively, it shall and may be lawful for His Majesty, His 
 Heirs or Successors, by an instrument under his or their Sign Manual, to 
 authorise and direct the Governor, or Lieutenant Governor, or Person admi- 
 nistering the Government in each of the said Provinces respectively, within 
 the time hereinafter mentioned, and thereafter from time to time, as occasion 
 shall require, in His Majesty's name, and by an instrument under the Great 
 Seal of such Province, to summon and call together an Assembly in and for 
 such Province. 
 
 XIV. And be it further enacted by the authority aforesaid, That for the pur- 
 pose of electing the Members of such Assemblies respectively, it shall and 
 may be lawful for His Majesty, His Heirs or Successors, by an instrument 
 under his or their Sign Manual, to authorise the Governor or Lieutenant 
 Governor of each of the said Provinces respectively, or the person admi- 
 nistering the Government therein, within the time hereinafter mentioned, to 
 issue a Proclamation dividing such Province into Districts, or Counties, or 
 Circles, and Towns or Townships, and appointing the limits thereof, and de- 
 claring and appointing the number of Representatives to be chosen by each 
 of such Districts, or Counties, or Circles, and Towns or Townships respee- 
 tively; and that it shall also be lawful for His Majesty, His Heirs or Sueces- 
 sors. to authorize such Governor, or Lieutenant Governor, or Person admi- 
 nistering the Government, from time to time, to nominate and appoint proper 
 persons to execute the office of Returning Officer in each of the said Dis- 
 tricts, or Counties, or Circles, and Towns or Townships, respectively ; 
 and that such division of the said Provinces into Districts, or Coun- 
 ties, or Circles, and Towns or Townships, and such declaration and 
 appointment of the number of Representatives to be chosen by each 
 of the said Districts, or Counties, or Circles, and Towns or Town- 
 ships, respectively, and also such nomination and appointment of Re- 
 turning Officers in the same, shall be valid and effectual to all the purposes 
 of this Act, unless it shall at any time be otherwise provided by any Act of 
 the Legislative Council and Assembly of the Province, assented to by His 
 Majesty, His Heirs or Successors. 
 
 XY. Provided nevertheless, and be tt further enacted by the authority aforesaid, 
 That the provision herein before contained, for impowering the Governor, 
 Lieutenant Governor, or Person administering the Government of the said 
 Provinces respectively, under such authority as aforesaid from His Majesty 
 His Heirs or Successors, from time to time, to nominate and appoint proper 
 persons to execute the office of Returning Officer in the said Districts, 
 Counties, Circles, and Towns or ‘Townships, shall remain and cone in 
 
 orce 
 
 % 
 
, 
 j sf 
 
 pe 
 
 " 
 
 Chap. 81. In the Thirty-first Year of GEORGE Il. A. D. 1791. 19 
 
 force in each of the said Provinces respectively, for the term of two years, 
 from and after the commencement of this Act, within such Provinee, and no 
 longer; but subject nevertheless to be sooner repealed or varied by any 
 Act of the Legislative Council and Assembly of the Province, assented to by 
 His Majesty, His Heirs or Successors. 
 
 XVI. Provided always, and be it further enacted by the authority aforesard, 
 That no person shall be obliged to execute the said oflice of Returning Offi- 
 cer for any longer time than one year, or oftener than once, unless it shall 
 at any time be otherwise provided by any Act of the Legislative Council 
 and Assembly of the Province, assented to by His Majesty, His Heirs or 
 Successors. 
 
 XVII. Provided also, and be it enacted by the authority aforesad, That the 
 whole number of Members to be chosen in the Province of Upper Canada, 
 shall not be less than sixteen, and the whole number of Members to be chosen 
 in the Province of Lower Canada, shal! not be less than filty. 
 
 XVIII. And he it further enacted by the authority aforesaid, That writs for 
 the Election of Members to serve in the said Assemblies respectively, shall 
 be issued by the Governor, Lieutenant Governor, or Person administering 
 His Majesty’s Government within the said Provinces, respectively, within 
 fourteen days after the sealing of such instrument as aforesaid, for summon- 
 ing and calling together such Assembly, and that such writs shall be direc-- 
 ed to the respective Returning Officers of the said Districts, or Counties, or 
 Circles, and Towns or Townships, and that such writs shall be made re- 
 turnable within fifty days at farthest from the day on which they shall bear 
 date, unless it shall at any time be otherwise provided by any Act ofthe Le- 
 gislative Council and Assembly of the Province, assented to by His Majes- 
 ty, His Heirs or Successors; and that writs shall in hke manner and form 
 be issued for the election of Members, 1n the case of any vacancy which 
 shall happen by the death of the person chosen, or by his being summoned 
 to the Legislative Council of either Province, and that such writs shall be 
 made returnable within fifty days at farthest from the day on which they 
 shall bear date. unless it shall at any me be otherwise provided by any Act 
 of the Legislative Council and Assembly of the Province, assented to by His 
 Majesty, His Heirs or Successors ; and that in the ease of any such vacan- 
 cy which shall happen by the death of the person chosen, or by reason of 
 his being so summoned as aforesaid, the writ for the election of a new Mem- 
 her shall be issued within six days after the same shall be made known to 
 
 the proper office for issuing such writs of election. 
 
 XIX. And be it further enacted by the authority aforesaid, That all and every 
 the Returning Officers so appointed as aforesaid. to whom any such writs as 
 aforesaid. shall be directed, shall, and they are hereby authorized and re- 
 
 quired duly to execute such writs. 
 
 XX. And be it hereby further enacted by the authority aforesaid, That the 
 Members for the several Districts. or Counties, or Circles, of the said Pro- 
 vinces respectively, shall be chosen by the majority of Votes of such per- 
 
 SONS 
 
 No person obliged to 
 serve as Returning Off- 
 cer more than once 
 unless otherwise pro- 
 vided by an Act of the 
 Province. 
 
 Number of Members 
 in each Province. 
 
 Regulations for issu- 
 ing Writs for the Elee- 
 tion of Members to 
 serve in the Assem- 
 blies. 
 
 Returning Officers to 
 execute writs. 
 
 By whom the Mem- 
 bers are to be cliosen. 
 
 MAA edi 
 
 wet ere: 
 os tae ghd - 
 
 ps 
 
 > SS Sarr eS 
 
 en] 
 
 
 

 
 bo 
 oO 
 
 Certain persons not 
 eligible to the Assem- 
 blies, 
 
 No person under 21 
 years of age, &. capa- 
 dle of voting or being 
 elected ; 
 
 nor any person attaint- 
 ‘ed for treason or felony 
 
 Voters if required, to 
 ‘take the following 
 
 Oath, 
 
 Chap. 31. In the Thurty-first Year of GEORGE III. A. D. 1791. 
 
 sons as shall severally be possessed, for their own use and benefit, of lands 
 or tenements within such District, or County, or Circle, as the case shall be, 
 such lands being by them held in freehold, or in fief, or in roture, or by cer- 
 tificate derived under the authority of the Governor and Council of the Pro- 
 vince of Quebec, and being of the yearly value of forty shillings Sterling, or 
 upwards, over and above all rents and charges payable out of or in respect 
 of the same; and that the Members for the several Towns or ‘Lownships 
 within the said Provinces respectively, shall be chosen by the majority of 
 Votes of such persons as either shall be severally possessed, for their own 
 use and benefit, of a dwelling-house and lot of ground in such Town or 
 Lownship, such dwelling-house and lot of ground being by them held in like 
 manner as aforesaid, and being of the yearly value of five pounds Sterling, 
 or upwards, or, as having been resident within the said Town or Lownship 
 for the space of twelve calendar months next before the date of the writ of 
 summons for the Election, shall bona fide have paid one year’s rent for the 
 dwelling house in which they shall have so resided, at the rate of ten pounds 
 Sterling per annum, or upwards. 
 
 XXL. Provided always, and be ub furtier enacted by the authority aforesaid, 
 That no person shall be capable of being elected a Member to serve in ei- 
 ther of the said Assemblies, or of sitting or voting therein, who shall be a 
 Member of either of the said Legislative Councils, to be established as afore- 
 said in the said two Provinces, or who shall be a Minister of the Church of 
 England, or a Minister, Priest, Ecclesiastic, or Teacher, either according to 
 the rites of the Church of Rome, or under any other form or profession of 
 religious faith or worship. 
 
 XXII. Provided also, and be it further enacted by the authority aforesaid, 
 That no person shall be capable of voting at any Election of a Member to 
 serve in such Assemcly, in either of the said Provinces, or of being elected 
 at any such Election, who shall not be of the full age of twenty-one years, 
 and a natural born subject of His Majesty, or a subject of His Majesty na- 
 turalized by Act of the British Parliament, or a subject of His Majesty, ha- 
 ving become sach by the conquest and cession of the Province of Canada. 
 
 XXIfL. And be it also enacted by the authority aforesaid, That no person 
 shall be capable of voting at any Election of a Member to serve in such As- 
 sembly, in either of the said Provinces, or of being elected at any such 
 Election, who shall have been attainted for Treason or Felony, in any Court 
 of Law within any of His Majesty’s Dominions, or who shal] be within any 
 description of persons disqualified by any Act of the Legislative Council 
 and Assembly of the Province, assented to by His Majesty, His Heirs or 
 
 wlUCCEeSSOPS, 
 
 XXIV. Provided also,-and be it further enacted by the authority aforesaid, 
 That every Voter, before he is admitted to give his vote at any such Elec- 
 tion, shall, if required by any of the Candidates, or by the Returning Officer, 
 take the following oath, which shall be administered jn the English or 
 French language, as the case may require : 
 
 I, 4. B. do declare and testify, in the presence of Almichty God, that I 
 
 am, 
 

 
 
 
 Chap. 31. In the Thirty-first Year of GEORGE Ill. A. D.17 
 
 am, tothe best of my knowledge and belief, of the full age of twent 
 years, and that I have not voted before at this lection. 
 
 And that every such person shall also, if so required as aforesaid, make 
 oath, previous to his being admitted to vote, that he is, to the best of his 
 knowledge and belief, duly possessed of such lands and tenements, or of 
 such a dwelling house and lot of ground, or that he las bona fide been so 
 resident and paid such rent for his dwelling house, as entitles him, accord- 
 ing to the provisions of this Act, to give his vote at such Eleetion, for the 
 County, or District, or Circle, or for the Town or Tewnship for which he 
 
 shall offer the same. 
 
 y-one 
 
 XXV. And be it further enacted by the authority aforesaid, That it shall 
 and may be lawful for His Majesty, His Heirs or Successors, to authorize 
 the Governor, or Lieutenant Governor, or Person administering the Govern- 
 ment, within each of the said Provinces respectively, to fix the time and 
 place of holding such Elections, giving not less than eight days notice of 
 such time, subject nevertheless to such provisions as may hereafter be made 
 in these respects, by any Act of the Legislative Council and Assembly of 
 the Province, assented to by His Majesty, His Heirs or Successors. 
 
 XXVI. And be it further enacted by the authority aforesaid, That it shall 
 and may be lawful for His Majesty, His Heirs or Successors, to authorize 
 the Governor, or Lieutenant Governor of each of the said Provinces res- 
 pectively, or the Person administering the Government therein, to fix the 
 places and times of holding the first and every other Session of the Legisla- 
 tive Council and Assembly of such Province, giving due and sufficient no- 
 tice thereof, and to proregue the same from time to time. and to dissolve 
 the same, by Proclamation or otherwise, whenever he shall ; udge it neces- 
 sary or expedient. 
 
 XXVIl. Provided always, and be it enacted by the authority aforesaid, That 
 the said Legislative Council and Assembly, in each of the said Provinces, 
 shall be called together once at the least in every twelve calendar months, 
 and that every Assembly shall continue for four years from the day of the 
 return of the writs for chusing the same, and no longer, subject nevertheless 
 to be sooner prorogued or dissolved by the Governor or Lieutenant Gover- 
 hor of the Province, or Person administering His Majesty’s Government 
 therein. 
 
 XXVIII. And be it further enacted by the authority aforesaid, That all ques- 
 tions which shall arise in the said Legislative Councils or Assemblies respec- 
 tively, shall be decided by the majority of voices of such Members as shall 
 
 € present; and that in all cases where the voices shall be equal, the Spea- 
 ker of such Council or Assembly, as the case shall be, shall have a casting 
 
 - Voice. 
 
 XXIX. Provided always, and be tt enacted by the authority aforesad, ‘That 
 no Menmber, either of the Legislative Council or Assembly, neither of the 
 
 Said Provinces, shall be permitted to sit or vote therein, until he shall have 
 
 takén 
 
 
 
 
 
 
 91. 
 
 
 
 La 
 ho 
 — 
 ee ho nee Se a St 
 
 and to make vath to the 
 partieulars hercin spe 
 
 cified. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 | 
 s 
 
 
 
 a epee = 
 ne oh 
 
 ee ee ee = 
 
 Qh en xs 
 - tap vorea® < 
 
 lis Majesty may aa. 
 thorize the Goveruor to 
 fix the time and place > 
 for holding Elections, 
 
 c-< J 
 ae ee 
 
 and of holding the Ses- 
 sions of the Council and fy 
 Assembly, &e. - i 
 
 Counc'l and Assem- 
 bly to be called toge- 
 ther once in 12 months, 
 wc, 
 
 and a!] questions there- 
 in to be decided by the 
 wajority of votes, 
 
 No Member to sit or 
 vote till he has taken 
 the folluw ing 
 
 ES Pp ete 
 
 nip thee 
 
 
 
 hgyingip eens Sobel oe pup 
 
 a 
 

 
 @ath. 
 
 Governor may give 
 er withhold His Ma- 
 jesty’s assent to bills 
 passed by the Legisla- 
 tive Council and As- 
 sembly ,or reservethem 
 for His Majesty's plea- 
 sure. 
 
 Governorto transmit 
 to the Secretary of 
 State, copies of such 
 bills as have been as- 
 sented to, which His 
 Majesty inCouncil may 
 declare his disallow- 
 ance of, within two 
 years from the receipt. 
 
 Chap. 31. Inthe Thisty-frst Year of GEORGE Ii AD. AA. 
 
 taken and subscribed the following oath, either before the Governor or Lieu- 
 tenant Governor of such Province, or Person administering the Government 
 therein, or before sume person or persons authorized by the said Governor 
 or Lieutenant Governor, or other Person as aioresaid, to administer such 
 oath, and that the same shall be administered in the English or French 
 language, as the case shall require. 
 
 I, A. B. do sincerely promise and swear, that 1 will be faithful, and bear 
 true Allegiance to His Majesty King George, as lawful Sovereign of the 
 Kingdom of Great Britain, and of these Provinces dependent on and be- 
 longing to the said Kingdom ; and that I will defend him to the utmost of my 
 power against all traitorous conspiracies and attempts whatever which shall 
 be made against his Person, Crown, and Dignity; and that | will do my 
 utmost endeavour to disclose and make known to His Majesty, His Heirs 
 or Successors, all treasons and traitorous conspiracies and attempts which 
 I shall know to be against him, or any of them; and all this 1 do swear 
 without any equivocation, mental evasion, or secret reservation, and re- 
 nouncing all pardons and dispensations from any person or power whatever 
 to the contrary—So help me God. 
 
 XXX. And be it further enacted by the authority aforesaid, That whenever 
 any Bill which has been passed by the Legislative Council, and by the 
 House of Assembly, in either of the said Provinces respectively, shall be 
 presented, for His Majesty's assent, to the Governor or Lieutenant Governor 
 of such Province, or to the Person administering His Majesty’s Government 
 therein, such Governor or Lieutenant Governor, or Person administering 
 the Government, shall, and he is hereby authorized and required to declare, 
 according to his discretion, but subject nevertheless to the provisions con- 
 tained in this Act, and to such instructions as may from time to time be 
 eiven in that behalf by His Majesty, His Heirs or Successors, that he 
 assents to such Bill in His Majesty’s name, or that he withholds His Ma- 
 jesty’s assent from such Bill, or that he reserves such Bill for the significa- 
 tion of His Majesty’s pleasure thereon. 
 
 XKXE. Provided always, and be it further enacted by the authority aforesaid, 
 That whenever any Bill, which shall have been so presented for His Ma- 
 jesty’s assent to such Governor, Lieutenant Governor, or Person adwinis- 
 tering the Government, shall, by such Governor, Lieutenant Governor, oF 
 Person administering the Government, have been assented to in His Ma- 
 jesty’s name, such Governor, Lieutenant Governor, or Person as aforesaid, 
 shail, and he is hereby required, by the first convemient opportunity to 
 transmit to one of His Majesty’s principal Secretaries of State, an authentic 
 copy of such Bill so assented to; and that it shall and may be lawful, at 
 any time within two years after such Bill shall have been so received by 
 such Secretary of State, for His Majesty, His Heirs or Successors, by lus 
 or their Order in Couneil, to declare his or their disallowance of such Bill, 
 and that such disallow ance, together with a certificate, under the hand an 
 seal of such Secretary of State, testifying the day on which such Bill was 
 received, as aforesaid, being signified by such Governor, Lieutenant Go- 
 
 yernor, or Person administering the Government, to the Legislative Council 
 an 
 
 < —_ 
 
 i 
 
Chap. 31. In the Thirty-jirst Year of GEGRGE Hl, A. D. 1791. 25 
 
 and Assembly of such Province, or by Proclamation, shall make void and 
 
 annul the same, from and after the date of such signification. 
 
 XXXII. And be it further enacted by the authority afuresaid, That no such pitts reserved for His 
 Bill, which shall be so reserved for the signification of His Majesty’s plea- Majesty's pleaeesh 08 
 sure thereon, shall have any force or authority within either of the said His Me jesty’s eee es 
 Provinces respectively, until the Governor, or Lieutenant Governor, or communicated to the 
 Person administering the Government, shall signify, either by Speech or er en 
 Message, to the Legislative Council and Assembly of such Province, or by 
 Proclamation. that such Bill has been laid before His Majesty in Council, 
 and that His Majesty has been pleased to assent to the same; and that an 
 entry shall be made, in the Journals of the said Legislative Council, of every 
 such Speech. Message, or Proclamation; and a duplicate thereof, duly at- 
 tested, shall be delivered to the proper Officer, to be kept amongst the 
 public records of the Province; And that no such Bill, which shall be so 
 reserved, as aforesaid, shall have any force or authority w ithin either of 
 the said Provinces respectively, unless His Majesty’s assent thereto shalt 
 have been so signified, as aforesaid, within the space of two years from the 
 day on which such Bill shall have been presented for His Majesty’s assent 
 to the Governor, Lieutenant Governor, or Person administering the Go- 
 vernment of such Province. 
 
 XXXII. And be it further enacted by the authority aforesaid, That all EawWs, — cawsinforce at the 
 Statutes, and Ordinances, which shall be in force on the day to be fixed in commencement of this 
 - the manner herein after directed for the commencement of this Act, within cat fepaanaaaie’ 
 the said Provinces, or either of them, or in any part thereof respectively, >y ts & 
 shall remain and continue to be of the same force, authority and effect, in 
 each of the said Provinces respectively, as if this Act had not been made, 
 and as if the said Province of Quebec bad not been divided ; except in so 
 far as the same are expressly repealed or varied by this Act, or in so far as 
 the same shall or may hereafter, by virtue of and under the authority of this 
 Act, be repealed or varied by His Majesty, His Heirs, or Successors, by 
 and with the advice and consent of the Legislative Councils and Assem- 
 blies of the said Provinces respectively, or in so far as the same may be 
 repealed or varied by such temporary Laws or Ordinances as.may be made 
 
 in the manner herein after specified. 
 
 XXXIV. And whereas by an Ordinance passed in the Province of Que- _ Estatiishment of 2 
 bee, the Governor and Council of the said Province were constituted a tion inacb Province 
 Court of Civil Jurisdiction, for hearing and determining appeals in certain 
 cases therein specified, Be i further enacted by the authority aforesaid, Phat 
 ihe Governor, or Lieutenant Governor, or Person administering the Go- 
 vernment of each of the said Provinces respectively, together with such Ex- 
 ecutive Council as shalk be appointed by His Majesty for the affairs of such 
 Province, shall be a Court of Civil Jurisdiction within each of the said Pro- 
 
 _ -vinces respectively, for hearing and determining appeals within the same, 
 , “Gn the like cases, and in the like manner and form, and subject to such ap- 
 os therefrom, as such appeals might, before the passing of this Act, have 
 
 een heard and determined by the Governor and Council of the —, 
 0 
 
 \{ 
 
 . Sas ew ws 
 
 PDS g Oe re, 
 
 aaa! 
 
 a too 
 on 
 ve 
 
 aie oe 
 a aed 4 Sie 24s 
 er ee ee 
 
 comisterSe>) * 
 
 vr 
 
 
 
ss 
 
 24 Chap. 31. In the Thirty-first Year of GEORGE Ill. A. D. 1791. 
 
 of Quebec; but subject, nevertheless, to such further or other provisions as _ 
 may be made in this behalf, by any Act of the Legislative Council and As. . 
 sembly of either of the said Provinces respectively, assented to by His Ma- 
 jesty, His Heirs or Successors. 
 
 i4Gco 3¢,089,and XXXV. And whereas, by the abovementioned Act, passed in the four- 
 teenth year of the Reign of His present Majesty, it was declared, That 
 the Clergy of the Church of Rome, in the Province of Quebec, might hold, , 
 receive, and enjoy their accustomed dues and rights, with respect to such | 
 persons only as should profess the said Religion; Provided nevertheless, That 
 it should be lawful for His Majesty, His Heirs or Successors, to make such 
 provision out of the rest of the said accustomed dues and rights, for the 
 encouragement of the Protestant Religion, and for the maintenance and 
 support of a Protestant Clergy within the said Province, as he or they should 
 from time to time think necessary and expedient: And whereas, by His 
 Majesty’s Royal Instruction, given under His Majesty’s Royal Sign Manual, 
 on the third day of J anuary, in the year of our Lord one thousand seven 
 hundred and seventy-five, to Guy Carleton, Esquire, now Lord Dorchester, 
 at that time His Majesty’s Captain General, and Governor in Chiefin and 
 over His Majesty’s Province of Quebec, His Majesty was pleased, amongst * 
 2 ge thegal se, other things, to direct, “That no incumbent professing the Religion of the 
 Geaaire, bic. and Curch of Rome, appointed to any Parish in the said Provinee, should be 
 entitled to receive any tythes for lands or possessions occupied by a 
 Protestant, but that such tythes should be received by such persons as the 
 said Guy Carleton, Esquire, His Majesty’s Captain General and Governor _ 
 in Chief in and over His Majesty’s said Province of Quebec, should appoint, — 
 and should be reserved in the hands of His Majesty’s Receiver General of 
 the said Province, for the support of a Protestant Clergy in His Majesty's 
 said Province, to be actually resident within the same, and not otherwise, 
 according to such directions as the said Guy Carleton, Esquire, His Ma- 
 jesty’s Captain General and Governor in Chief in and over His Majesty’s 
 said Province, should receive from His Majesty in that behalf; and that in 
 like manner, all growing rents and profits of a vacant benefice should, dur- 
 ing such vacancy, be reserved for and applied to the likeuses;” And whereas, 
 His Majesty’s pleasure has likewise been signified to the same effect in His 
 et ee ee Majesty’s Royal instructions given in like manner to Sir 'rederick Haldi- 
 to Lord Dorchester, ree Mand, Knight of the most honorable Order of the Bath. late His Majesty’s 
 cited, Captain General and Governor in Chief in and over His Majesty’s said Pro- 
 | vince of Quebec; and also in His Majesty’s Royal instructions, given In 
 like manner to the said Right Honorable Guy Lord Dorchester, now His 
 Seeger Majesty’s Captain General and Governor in Chief in and over His Ma- 
 provisions therein re- JeSty’s said Province of Quebee: Be tt enacted by the authority aforesaid, 
 f Beta i. Mi That the said declaration and provision contained in the said above men- 
 : comtinue in force. tioned Act, and also the said provision so made by HisM ajesty in consequence 
 Be thereof, by his mstructions above recited, shall remain and continue to be 
 | of full force and effect in each of the said two Provinces of Upper Canada 
 and Lower Canada respectively, except in so far as the said declaration oF 
 provisions respectively, or any part thereof, shall be expressly varied or — 
 repealed by any Act or Acts which may be passed by the Legislative bts 
 an 
 
 —_ 
 2 Se 
 ——— = — —— . 
 — err — _ rd 7s J _— 2 — 
 = = a s 7 ey ee ae S 
 : - —_ ee + > = . _ a) ra. ~oe F 
 - sade = Pa ree 
 ae Se ne ~~ Pi asus —, 
 — 7 —- ~ ee ou 
 Ae ent ae . i a z yes y = x 
 
 a 
 oe Pang SS 
 
 oe 
 jes eee - 3 
 
 gy J 
 a ie 
 
 pres 
 5a. 
 
 
 
3 
 
 
 
 
 . 
 ° 
 ise eee ee ee ee 
 
 Chap. $1. In the Thirty-first Yeer of GEORGE HI. A.D. 179%. 23 
 
 and Assembly of the said Provinces respectively, and assented to by His Ma- 
 jesty, His Heirs or Successors, under the restriction herdin after provided. 
 
 XXXVI. And whereas, His Majesty has been graciously pleased, by Mes- 
 sage to both Houses of Parliament, to express His Royal desire to be en- 
 abled to make a permanent appropriation of land in the said Provinces, for 
 the support and maintenance of a Protestant Clergy within the same, in 
 woportion to such lands as have been already granted within the same by 
 dis Majesty: And whereas, His Majesty has been graciously pleased, by 
 his said Message, further to signify His Royal desire that such provision may 
 be made, with respect to all future grants of land within the said Provinces 
 respectively, as may best conduce to the due and sufficient support and 
 maintenance of a Protestant Clergy within the said Provinces, in proportion 
 to such increase as may happen in the population and cultivation thereof: 
 Therefore, for the purpose of more effectually fulfilling His Majesty’s graci- 
 ous intentions, as aforesaid, and of providing for the due execution of the 
 ‘Same in all time to come, Be it enacted by the authority aforesaid, That it 
 shall and may be lawful for His Majesty, His tieirs or Successors, to autho- 
 rize the Governor or Lieutenant Governor of each of the said Provinces 
 respectively, or the person administering the Government therein, to make, 
 from and out of the lands of the Crown within such Provinces, such allat- 
 ment and appropriation of lands, for the support and maintenarice of a Pro- 
 testant Clergy within the same, as inay bear a due proportion to the amount 
 of such lands within the same as have at any time been granted by or under 
 the authority of His Majesty: And that whenever any grant of lands within 
 eliher of the said Provinces shall hereafter be made, by or under the autho- 
 rily of His Majesty, His Heirs or Successors, there shall at the same time 
 be made, in respect of the same, a proportionable allotment and appropria- 
 tion of lands for the above mentioned puipose, within the Township or Pa- 
 rish to which such lands so to be granted shall appertain or be annexed, or 
 as nearly adjacent thereto as circumstances will admit ; and that no such 
 grant shall be valid o7 effectual unless the same shall contain a specification 
 of the lands so allotted and appropriated, in respect of the lands to be there- 
 by granted ; and that such lands, so allotied and appropriated, shall be, as 
 hearly as the ci:cumstances and nature of the case will admit, of the like 
 quality as the lands in respect of which the same are so allotted and appro- 
 priated, and shall be, as nearly as the same can be estimated at the time 
 of making such grant, equal in value to the seventh part of the lands so 
 granted. 
 
 _XXXVII. And be it further enacted by the authority aforesaid, That all and 
 every the rents, profits, or emoluments, which may at any time arise from 
 such lands, so allotted and appropriated, as aforesaid, shall be applicable 
 solely to the maintenance and support of a Protestant Clergy, within the 
 Lrovinee in which the same shall be: situated, and to no other use or pur- 
 
 pose whatever. 
 
 ~ XXXVIIL. And be it further enacted by the authority aforesaid, That it shall 
 and may be lawful for His Majesty, His Heirs and Successors, to eho 
 * Dp the 
 
 His Majesty's mes- 
 sage (o Parliament re- 
 cited, 
 
 His Majesty may au- 
 thorize the Governor 
 to make allotments of 
 lands for the support 
 of a Protestant Clergy 
 in each Province ; 
 
 and the rents arising 
 from such allotments to 
 be applicable to that 
 purpose solely, 
 
 His Majesty may au- 
 thorize the Goy ernor, 
 with the advice of the 
 Executive Council. to 
 erect Parsonages, and 
 endow them, 
 
 
 
(A eee se / ‘- aie ot 4 
 
 . as +, 
 Lae 4 
 a ee ~ sear 
 i. 4 Commas + ~f, 
 > 3 oe Ce ‘ 
 — a 
 
 ee 
 
 26 Chap. 31. In the Thirty-first Year of GEORGE Hf. A. D. 1791. 
 
 222 
 
 bre Naas Re: 
 
 poe 
 Ot ee 29 EE. Woe 
 
 ” i el Te? Cie 
 ee 
 
 the Governor or Jieutenant Governor of each of the said Provinces respec- 
 tively, or the persoh administering the Government therein, from time to 
 {ime, with the advice of such Executive Council as shall have been ap- 
 pointed by His.Majesty, His Heirs or Successors, within such Province, for 
 the affairs thereof, to constitute and erect, within every ‘Yownship or Parish 
 which now is or bereafter may be formed, constituted, or erected within such 
 Province, one or more Parsonage or Rectory, or Parsonages or Rectories, ac- 
 cording to the establishment of the Church of England ; and from time to 
 time, by instrument under the Great Seal of such Province, to endow every 
 such Parsonage or Rectory with so much or such a part of the lands so al- 
 jotted and appropriated, as aforesaid, in respect of any lands within such 
 Township or Parish, which shall have been granted subsequent to the com- 
 mencement of this Act, or of such lands as may have been allotted and ap- 
 propriated for the same purpose, by or in virtue of any instruction which may 
 be given by His Majesty, in respect of any lands granted by His Majesty be- 
 fore the commencement of this Act, as such Governor, Lieutenant Governor, 
 or Person administering the Government, shall, with the advice of the said 
 Executive Council, judge to be expedient under the then existing circum- 
 stances of such ‘Township or Parish. 
 
 pe 
 ee a 
 — 
 
 = 
 eS. a 3 
 
 antes = 
 et ee 
 
 Hy 
 
 and the Governor to XXXIX. And be it further enacted by the authority aforesaid, That it shall 
 yresent incumbents to “1, fe : eo. ; ey $s 50 : 
 them, whoare toenjoy and may be lawful for His Majesty, His Heirs or Successors, to authorize 
 eae ie aed the Governor, Lieutenant Governor, or Person administering the Government 
 of each of the said Provinces respectively, to present to every such Parsonage 
 or Rectory an Incumbent or Minister of the Church of England, who shall 
 have beeh duly ordained according to the rights of the said Church, and to 
 supply from time to time such vacancies as may happen therein; and‘that 
 every person so presented to any such Parsonage or Rectory, shall hold and 
 enjoy the same, aad all rights, profits, and emoluments thereunto belonging 
 or granted, as fully and amply, and in the same manner, and on the same 
 terms and conditions, and liable to the performance of the same duties, a8 
 
 the Incumbent of a Parsonage or Rectory in England. 
 
 Presentations to Pare Ls Provided always, and be it further enacted by the authority aforesaid, 
 — Waste i That every such presentation of an Incumbent or Minister to any such Par- 
 subject to the jurisdic. Sonage or Rectory, and also the enjoyment of any such Parsonage or Rec- 
 onigrented tothe Bi tori aie of the rights, profits, and emoluments thereof, by any shch Incum- 
 mop of Nova Scotia, 1 45+ or Minister, shall be subject and liable to all rights of institution, and 
 all other spiritual and ecclesiastical jurisdiction and authority, which have 
 been lawfully granted by His Majesty’s. Royal Letters Patent to the Bishop 
 of Nova Scotia, or which may hereatter, by His Majesty’s Royal authority,. 
 be lawfully granted or appointed to be administered and executed within 
 the said Provinces, or either of them respectively, by the said Bishop of 
 Nova Scotia, or by any other person or persons, according to the Laws and 
 Canons of the Church of England, which are lawfully made and received 
 in England. 
 
 a ee XLI. Provided always, and be it further enacted by the authority aforesaid, 
 
 ihe oie support of a Lhat the several provisions herein before contained, respecting the allot- 
 
 Protestant Clergy, &e. myent and appropriation of lands for the support of a Protestant Clergy within 
 | the 
 
 7 
 
 
 

 
 the said Provinces, and also respecting the constituting, erecting, and en- 
 dowing Parsonages or Rectories within the said Provinces, and also respecting 
 the presentation of Incumbents or Ministers to the same, and also respecting 
 the manner in which such Incumbents or Ministers shall hold and enjoy the 
 same, shall be subject to be varied or repealed by any express provisions 
 for that purpose, contained in any Act or Acts which may be passed by the 
 Legislative Council and Assembly of the said Provinces+respectively, and 
 assented to by His Majesty, His Heirs or Successors, under the restriction 
 herein after provided. 
 
 XLII. Provided nevertheless, and be it further enacted by the authority afore- 
 sad, Uhat whenever any Act or Acts shall be passed by the Legislative 
 Council and Asseinbly of either of the said Provinces, containing any provi- 
 sions to vary or repeal the above recited declaration and provision contained 
 in the said Act passed in the fourteenth year of the Reign of His present 
 Majesty ; or to vary or repeal the above recited provision contained in His 
 Majesty’s Royal instructions, given on the third day of January, in the year 
 of our Lord one thousand seven hundred and seventy-five, to the said Guy 
 Carleton, Esquire, now Lord Dorchester ; or to vary or repeal the provisions 
 herein before contained for continuing the force and effect of the said decla- 
 ration and provisions: or to vary or repeal any of the several provisions herein 
 before contained respecting the allotment and appropriation of lands for the 
 support of a Protestant Clergy within the said Provinces; or respecting the 
 constituting, erecting, or endowing Parsonages or Rectories within the said 
 Provinces ; or respecting the presentation of Incumbents or Ministers to the 
 Sane; or respecting the manner in which such Incumbents or Ministers shall 
 hold and enjoy the same: And also that whenever any Act or Acts shall be 
 so passed, containing any provisions which shall in any manner relate to or 
 affect the enjoym: nt or exercise of any religious form or mode of worship ; 
 or shall impose or create any penalties, burthens, disabilities, or disqualifica- 
 tions in respect of the same; or shall in any manner relate to or affect the 
 payment, recovery, or enjoyment of any of the accustomed dues or rights 
 herein before mentioned; or shall in any manner relate to the granting, im- 
 posing, or recovering any other dues, or stipends, or emoluments whatever, 
 to be paid to or for the use of any Minister, Priest, Ecclesiastic, or Teacher, 
 according to any religious form or mode of worship, In respect of his said 
 office or function ; or shall in any manner relate to or affect the establish- 
 Ment or discipline of the Church of England, amongst the Ministers and 
 Members thereof within the said Provinces ; or shall in any manner relate to 
 or affect the King’s prerogative touching the granting of waste lands of the 
 Crown within the said Provinces ; every such Act or Acts shall, previous to 
 any declaration or signification of the King’s assent thereto, be laid before 
 both Houses of Pa:liament in Great Britain ; and that it shall not be lawful 
 for His Majesty, His Heirs or Successors, to signify his or their assent to any 
 such Act or Acts, until thirty days after the same shall have been laid before 
 the said Houses, or to assent to any such Act or Acts, in case either House of 
 Parliament shall, within the said thirty days, address His Majesty, His Heirs 
 or Successors, to withhold his or their assent from such Act or Acts ; and 
 that no such Act shall be valid or effectual to any of the said purposes, with- 
 
 in either of the said Provinces, unless the Legislative Council and cae! 
 , | O 
 
 Chap. 81. In the Thirty-jirst Year of GEORGE III. A. D. 1791. 
 
 
 
 
 
 may be varied or re 
 pealed by the Leyisla 
 tive Council and As- 
 sembly. 
 
 Acts of the Legisla- 
 tive Council and As- 
 sembly, containing pro- 
 visions to the effect 
 herein mentioned to 
 be laid before Parlia- 
 ment, previous to re- 
 ceiving His Mejesty’s 
 assent, ac. 
 
 27 
 
 = yee 
 
 
 
 
 
 
 
. * ~~ 
 - ia. > ” 
 4 
 
 as ai ek wre 
 
 wet wes = 
 
 apg 
 4 Zé 
 ott IO ET 
 
 “as 
 
 ‘ 
 i 
 i“ 
 
 i a 
 i oni 
 - 
 ; 
 
 Lands in Upper Ca- 
 nada to be granted in 
 free and common soc- 
 cage, aud also in Lower 
 Canada, if desired. 
 
 Persons holding lands 
 in Upper Canada, nay 
 have fresh grants. 
 
 Such fresh grants not 
 to bar any right or title 
 to the lands. 
 
 i8 Geo, $d, ¢ 22, re- 
 cited. 
 
 
 
 28 Chap. 31. In the Thirty-first Year of GEORGE Ill. A. D. 1791. 
 
 of such Province shall, in the session in which the same shall have been 
 passed by them, have presented to the Governor, Lieutenant Governor or 
 Person administering the Government of such Province, an address or, ad- 
 dresses, specifying that such Act contains provisions for some of the said 
 purposes herein before specially described, and desiring, that, in order to 
 give effect to the same, such Act should be transmitted to England without 
 delay, for the purpose of being laid before Parliament previous to the signi- 
 fication of His Majesty’s assent thereto. 
 
 ALU. And be it further enacted by the authority aforesaid, ‘That all lands 
 which shall be hereafter granted within the said Province of Upper Cana- 
 da, shall be granted in free and common soccage, in like manner as lands 
 are now holden in free and common soccage, im that part of Great Britain 
 called England; and that in every case where lands shall be hereafter 
 granted within the said Province of Lower Canada, and where the grantee 
 thereof shalf desire the same to be granted in free and common seecage, 
 the same shall be so granted; but subject nevertheless to such alterations, 
 with respect to the nature and consequences of such tenure of free and 
 common soccage, as may be established 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 Province. 
 
 XLIV. And be tt further enacted by the authority aforesaid, That if any per- 
 son or persons holding any lands in the said Province of Upper Canada, by 
 virtue of any certificate of occupation derived under the authority of the 
 Governor and Council of the Province of Quebec, and having power and 
 authority to alienate the same, shall, at any time, from and after the com- 
 mencement of this Act, surrender the same into the hands of His Majesty, 
 His Heirs or Successors, by petition to the Governor, or Lieutenant Gover- 
 nor, or Person administering the Government of the said Province, setting 
 forth that he, she, or they is or are desirous of holding the same in free and 
 common soccage, such Governor, or Lieutenant Governor, or Person ad- 
 ministering the Government, shall thereupon cause a fresh grant to be 
 made to such person or persons of such lands, to be holden in free and com- 
 mon soccage. 
 
 ALY. Provided nevertheless, and be it further enacted by the authority afore- 
 said, That such surrender and grant shall not avoid or bar any right or title 
 to any such lands so surrendered, or any interest in the same, to'which any 
 person or persons, other than the person or persons surrendering the same, 
 shall have been entitled, either in possession, remainder, or reversion, oF 
 otherwise, at the time of such surrender; but that every such surrender 
 and grant shall be made subject to every such right. title, and interest, and 
 that every such right, title, or interest, shall be as valid and effectual as if 
 such surrender and grant had never been made. 
 
 XLVI. And whereas, by an Act passed in the eighteenth year of the 
 Reign of His present Majesty, intituled, “« An Act for remoying all doubts 
 and apprehensions concerning taxation by the Parliament of Great Britain, 
 
 | in 
 

 
 
 in any of the Colonies, Provinces, and Plantations, in North America, and 
 the West Indies; and for repealing so much of an Act, made in the seventh 
 year of the Reign of His present Majesty, as imposes a duty on tea im- 
 ported from Great Britain into any Colony or Plantation in America, or re- 
 sett thereto,” it has been declared, “« That the King and Parliament of 
 Great Britain will not impose any duty, tax, or assessment whatever, pay- 
 able in any of His Majesty’s Colonies, Provinces, and Plantations in North 
 America, or the West Indies, except only such duties as it may be expe- 
 dient to impose for the regulation of commerce, the net produce of such 
 duties to be always paid and applied to and for the use of the Colony, Pro- 
 vince, or Plantation. in which the same shall be respectively levied, 1n such 
 manner as other duties collected by the authority of the respective General 
 Courts or General Assemblies of such Colonies, Provinces, or Plantations, 
 are ordinarily paid and applied:” And whereas, it is necessary, for the 
 
 general benefit of the British Empire, that such power of regulation of 
 
 commerce should continue to be exercised by His Majesty, His Heirs or 
 Successors, and the Parliament of Great Britain, subject nevertheless to 
 the conditions herein before recited, with respect to the application of any 
 duties which may be imposed for that purpose: Be a therefore enacted by 
 the authority wforesaid, ‘That nothing in this Act contamed shall extend, or 
 be construed to extend, to prevent or affect the execution of any Law which 
 hath been or shall at any time be made by His Majesty, His Heirs or Suc- 
 cessors, and the Parliament of Great Britain, for establishing regulations or 
 prohibitions; or for imposing, levying, or collecting duties for the regulation 
 of navigation, or for the regulation of the commerce to be carried on be- 
 tween the said two Provinces, or between either of the said Provinces and 
 any other part of His Majesty’s dominions, or between either of the said 
 Provinces and any Foreign Country or State, or for appointing and direct- 
 ing the payment of drawbacks of such duties so imposed, or to give to His 
 Majesty, His Heirs or Successors, any power or authority, by and with the 
 advice and consent of such Legislative Councils and Assemblies respective- 
 ly, to vary or repeal any such Law or Laws, or any part thereof, or in any 
 manner to prevent or obstruct the execution thereof. 
 
 XLVII. Provided always, and be it enacted by the authority aforesaid, That 
 the net produce of all duties which shall be so imposed, shail, at all times 
 hereafter be applied to and for the use of each of the said Provinces respec- 
 tively, and 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 such 
 Province. : 
 
 XLVIIi. And whereas, by reason of the distance of the said Provinces 
 nd of the change to be made by this Act in the Govern- 
 ment thereof, it may be necessary that there should be some interval of 
 time between the notification of this Act to the said Provinces respectively, 
 and the day of its commencement within the said Provinces respectively ; 
 Be it therefore enacted by the authority aforesaid, That it shall’and may be 
 
 lawful for His Majesty, with the advice of the Privy Council, to fix “" de- 
 clare. 
 
 from this country, 2 
 
 Chap. 31. In the Thirty-first Year of GEORGE III. A. D. 1791. 
 
 This Act not to pre- 
 vent the uperation of 
 any Act of Parliament, 
 establishing _ probibi- 
 tions or imposing du- 
 ties for the regulation 
 of navigation and com- i 
 merce, &c. i 
 
 Such duties to be ap- 
 plied to the use of the 
 respective Provinces. 
 
 His Majesty in Coun- 
 cil to fix and declare 
 the commencement of 
 this Aci, &c. Ht 
 
 
 
 
 
 

 
 39 Chap. 31-138. In the Forty-third Year of GEORGE III. A. D. 1808. 
 
 Time for issuing the 
 writs of summons and 
 election, &c. not te be 
 tater than December 
 31, 1792, 
 
 Between the com- 
 meneement of this Act, 
 and the first meeting of 
 the Legislative Council 
 and Assembly, tempo- 
 rery Laws may be 
 made, 
 
 clare, or to authorize the Governor or Lieutenant Governor of the Province 
 of Quebec, or the Person administering the Government there, to fix and 
 declare the day of the commencement of this Act within the said Provinces 
 respectively, provided that such day shall not be later than the thirty-first 
 day of December, in the year of our Lord one thousand seven hundred and 
 ninety-one. 
 
 XLIX. And be it further enacted by the authority aforesmd, That the time 
 to be fixed by His Majesty, His Heirs or Successors, or under his or their 
 authority by the Governor, Lieutenant Governor, or Person administering 
 the Government in each of the said Provinces respectively, for issuing the 
 writs of summons and election, and calling together the Legislative Coun- 
 cils and Assemblies of each of the said Provinces respectively, shall not be 
 later than the thirty-first day of December, in the year of our Lord one 
 thousand seven hundred and ninety-two. 
 
 L. Provided always, and be it further enacted by the authority aforesaid, 
 That during such interval as may happen between the commencement of 
 this Act, within the said Provinces respectively, and the first meeting of the 
 Legislative Council and Assembly of each of the said Provinces respective- 
 ly, it shall and may be lawful for the Governor or Lieutenant Governor of 
 such Province, or for the Person administering the Government therein, with 
 the consent of the major part of such Executive Couneil as shall be ap- 
 pointed by Bis Majesty for the affairs of sach Province, to make temporary 
 Laws and Ordinances for the good Government, peace, and welfare of such 
 Province, in the same manner, and under the same restrictions, as such 
 Laws or Ordinances might have been made by the Council for the affairs 
 of the Province of Quebec, constituted by virtue of the above mentioned 
 Act of the fourteenth year of the Reign of His present Majesty; and that 
 auch temporary Laws or Ordinances shall be valid and binding within such 
 Province, until the expiration of six months after the Legislative Council 
 and Assembly of such Province shall have been first assembled by virtue 
 of and under the authority of this Act; subject nevertheless to be sooner 
 repealed or varied by any Law or Laws which may be made by His Ma- 
 jestv. His Heirs or Successors, by and with the advice and consent of the 
 said Legislative Council and Assembly. 
 
 
 
 a 
 
 C HAP. CXXXVIIL. 
 
 An Act for extending the Jurisdiction of the Courts of Justice in the Provinces of Lower and 
 
 Upper Canada, to the trial aud punisliment of persons guilty of crimes and offences within 
 certain Paris of North America adjoining to the said Provinces. 
 
 [11th August, 1803.] 
 
 . HEREAS, crimes and offences have been committed in the Indian 
 Territories, and other parts of America, not within the limits of the 
 Provinces 
 

 
 » 
 
 
 
 Provinces of Lower or Upper Canada, or either of them, or of the jurisdic- 
 tion of any of the Courts established in those Provinces, or within the limits 
 of any Civil Government of the United States of America, and are there- 
 fore not cognizable by any jurisdiction whatever, and by reason thereof, 
 great crimes and offences have gone and may hereafter go unpunished, and 
 greatly increase: For remedy whereof, may it please your Majesty that it 
 may be enacted, and Be it 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 afier the passing of this Act, all offences com- 
 mitted within any of the Indian Territories, or parts of America not within 
 the limits of either of the said Provinces of Lower or Upper Canada, or of 
 any Civil Government of the United States of America, shall be, and be 
 deemed to be, offences of the same nature, and shall be tried in the same 
 manner and subject to the same punishment, as if the same had been com- 
 mitted within the Provinces of Lower or Upper Canada. 
 
 Il. And be it further enacted, That it shall be lawful for the Governor, or 
 Lieutenant Governor, or Person administering the Government for the time 
 being of the Province of Lower Canada, by Commission under his Hand and 
 Seal, to authorize and empower any person or persons wheresoever resi- 
 dent or being at the time, to act as Civil Magistrates and Justices of the 
 Peace for any of the Indian Territories or parts of America not within the 
 limits of either of the said Provinces, or of any Civil Government of the 
 United States of America, as well as within the limits of either of the said 
 Provinces, either upon informations taken or given within the said Provinces 
 of Lower or Upper Canada, or out of the said Provinces, in any part of the 
 indian Territories or parts of America aforesaid, for the purpose only of 
 hearing crimes and offences, and committing any person or persons guilty 
 of any crime or offence to safe custody, in order to his or their being con- 
 veyed to the said Province of Lower Canada, to be dealt with according to 
 Law; and it shall be lawful for any person or persons whatever,’ to appre- 
 hend and take before any persons 50 commissioned, as aforesaid, or to ap- 
 prehend and convey, or cause to be safely conveyed, with all convenient 
 speed, to the Province of Lower Canada, any person or persons guilty of 
 any crime or offence, there to be delivered into sale custody for the purpose 
 
 of being dealt with according to Law. 
 
 Il. And be it further enacted, That every such offender may and shall be 
 - prosecuted and tried in the Courts of the Province of Lower Canada, (or if 
 the Governor or Lieutenant Governor, or Person administermg the Go- 
 vernment for the time being. shall, from any of the cireumstances of the 
 
 crime or offence, or the local situation of any of the witnesses for the pro- 
 
 secution or defence, think that justice may more conveniently be adminis- 
 tered in relation to such crime or offence in the Province of Upper Canada, 
 and shall, by any instrument under the Great Seal of the Province of Lower 
 Canada, declare the same, then that every such offender may and shall be 
 prosecuted and tried in the Court of the Province of Upper Canada,) In 
 
 which crimes or offences of the like nature are usually tried, and where the 
 same 
 
 Chap: 138. In the Furty-third Year of GEGRGE III. A.D. 1808. 
 
 Offences committed 
 within any of the Io- 
 dian Territories, &c. 
 shall be tried in the 
 same manner as if com- 
 mitted within the Pro- 
 vinces of Lower or 
 Upper Canada, 
 
 The Governor of 
 Lower Carada may 
 empower persons toact 
 as Justices for the In- 
 dian ‘Territories, &c, 
 for committing offen- 
 ders till conveyed to 
 Canada for trial, we. 
 
 Place and manner of 
 
 trial of such offenders. 
 
 
 
 
 
 
 
 ‘ 
 
 
 
 
 
 
32 Chap. 138. In the Forty-third Year of GEORGE I] A, D: 1203. 
 
 same wculd have been tried if such crime or offence had been committed — 
 within the limits of the Province where the same shall be tried under this — 
 Act; and every offender tried and convicted under this Act, shall be liable 
 and subeet to such punishment as may, by any "aw in force in the Province _ 
 where he or she shall be tried, be inflicted f»":stch crime or offence; and 
 such crine or offence may and shall he laid and charged to have been com- 
 mitted within the jurisdiction of suctm Court, and such Court may and shall ‘ 
 proceed therein to trial, judgrfigit, wid execution, or other punishment for 
 such crime or offence, in the Sa.ie manner in every respect as if such crime 
 or offence had been realiy committed within the jurisdiction of such Court; 
 and it shall also be lawiul for the Judges and other officers of the said 
 Courts, t> issue subp: xs and other processes for enforcing the attendance 
 of witnesses on any such trial; and such subpeenas and other processes 
 shall beas valid and effectual and be in full force and put in execution, in 
 any parts of the Indian Territories, or other parts of America out of and not 
 within tle limits of the Civil Government of the United States of America, 
 as well as within the limits of either of the said Provinces of Lower or Up- 
 per Canada, in relation to the trial of any crimes or offences by this Act 
 made coznizable in such Court, or to the more speedily and effectually 
 bringing any offender or offenders to justice under this Act, as fully and 
 amply asany subpcenas or other processes are, within the limits of the juris- 
 diction of the Court from which any such subpcenas or processes shall issne 
 
 as aforesuid; any Act or Acts, Law or Laws, custom, usage, matter, or thing 
 
 to the contrary notwithstanding. 
 
 Offenders not being _ LV. Provided always, und be it further enacted That if any crime or of- 
 subjects of His Majes- fence charged and prosecuted under this Act, shall be proved to have been 
 ty, and also within the : x, | be oe “i ‘ I. 
 limits, belonging to any committed by aly person or persons not being a supject or subjects of His 
 paropean ge Shall Majesty,and also within the limits of any Colony, Settlement, or Territory 
 2€ acquitted. ’ - ~ . : 
 pe. belonging to any European State, the Court befere which such prosecution 
 
 shall be iad, shall forthwith acquit such person or persons, not being such 
 subject or subjects as aforesaid, of such charge. 
 
 Se 
 
 eee ee V. Provided nevertheless, That it shall and may be lawful for such Court 
 
 although offence be to proceed in the trial of any other person, being a subject or subjects of His. 
 
 tases Majesty, who shall be charged with the same or any other offence, notwith- 
 standing such offence shall appear to have been committed within the limits 
 of any Colony, Settlement, or Territory belonging to any European State as 
 
 aforesaid 
 
 « 
 
 
 

 
 
 
 
 ORDINANCES 
 
 OF THE 
 
 LATE PROVINCE OF QUEBEC. 
 
 EO 
 
 T appears, on a revision of the Ordinances of the late Provinceof Quebec, that none 
 | of them remain in force in this Province, unless it be the 2d and 4th clauses in an Or- 
 dinance passed in the 17th year of George 3. ch 7, entitled “ An Ordinance to prevent the 
 selling of Strong Liquors to the Indians in the Province of Quebec, a3 also to deter persons 
 from buying their Arms or Clothing, and for other purposes relative to the trade and inter- 
 course with the said Indians” which prohibits the purchase of Indian Presents, and where- 
 by it isenacted “ That from and after the publication of this Ordinance, no person or per- 
 sons whatsoever shall purchase, or receive in pledge, or in exchange, any cloaths, blan- 
 kets, fire-arms, or ammunition, belonging to any Indian or Indians w thin this Province, un- 
 der a penalty of five pounds, and imprisonment for any time not exceeding one month, for 
 the first offence, and of ten pounds, and imprisonment for any time not exceeding two 
 months, for the second and every other subsequent offence.” 
 
 “That it shall and may be Jawful for any person or persons whatsoever, to sue for the 
 penalties and forfeitures aforesaid, by information before one or more of the Commissioners 
 of the Peace of the District in which any offence against any of the above articles of this 
 Ordinance shall have been committed, who is and are hereby authorised and required to 
 hear and determine such information in a summary manner, and upon the oath of one cre- 
 dible witness, (being some other than the informer himself, ) and to inflict the said impri- 
 sonment, and to levy the said penalties or forfeitures, together with the costs of suing for 
 the same, by a warrant to seize and sell the goods or lands of the offenders. Provided al- 
 ways, ‘That such informations shall be brought within six calendar months from the time 
 the offence shall have been committed, and not after.” | 
 
 And that part of the Ordinance passed in the 29th year of George the 3d, c 35 entitled 
 “ An Act to continue an Ordinance regulating the Practice of the Law, and to provide more 
 effectually for the dispensation of Justice, and especially in the new Districts” which enacts 
 “That simple larceny, when the goods stolen shall not in value exceed twenty shillings 
 sterling money of Great Britain, shall be deemed and adjudged only petty larceny. 
 
 ‘ 
 
 
 
 SO et ote Tee 
 < ater 
 
 : — 
 ig TT ~~ 
 
 
 
sy vo te — “= San oi 
 Se a hea 
 = ag oh Lent Ne Sana et 
 
 
 
 
 
 
 on tale 
 

 
N 
 
 Nn 
 
 
 
 ‘ 
 aN 
 = eo pa piney 
 y =e ex = = + 
 7 
 te! 
 ' i} 
 we \ . 
 > 
 eo oe \ 
 2 
 \ \ 
 ~ 
 WW + 
 N \, rn 
 4 ’ 
 ve \ 
 oN . 
 _ 
 nA vw \ ~\ 
 ‘\ | - 
 nN 
 ¢ 
 . 
 . e 
 | 
 n~ 
 “A. 8 
 ‘ 
 | a 
 Qa, 
 ~ —_ 
 we . \ 
 . ss 
 ee 
 ' “~ 
 ~ 
 . 
 YQ ‘ “ 
 is 
 ~ 
 4, ; . 
 \ Y ' 
 . . 
 » . F ; 
 me Ee e . a 
 ‘* 
 ~ “ 
 \ . 
 ‘ ~ 
 * 
 \ ~ ee 
 ~ 
 > . 
 \ a 
 _ » 
 " ¥ 
 4 
 \ >. 
 J \ 
 
- a—l—eE— 
 
 be he me ws, — 
 
 
 
ae = . — — 
 Tales . re 
 
 erg es 
 
 Re NT SE AC IGT I BACB TE LET 
 
 ~ 
 
 
 

 

 

 
 
 

 
 war 
 
 ee See See gees ete ree 
 pert eB RRB ELE LE BEA AIT APE «os 
 win male er ee 5 eee i ye Ae She 
 
 ae 
 
 
 

 

 
 nanan 
 
 aN TS reer Sn ERT TT EO caer SE - 
 Sa ee eke ee e as tania" RNAS peg eee ‘ <r <49m 
 a = a 6 epee! 9 Pa 08 - 
 am ‘ 7 | 
 = Py 
 a il = gota ‘