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SESSIONAL PAPER No. 18

The Council are not

lay Taxes,

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 Lieutenantgovernor, or Commander in Chief for the Time being.

Provided always, That nothing in this Act contained shall extend to authorise or impower the said legislative Council to lay any Taxes or Duties impowered to within the said Province, such Rates and Taxes only excepted as the Publick Roads Inhabitants of any Town or District within the said Province may be or Buildings authorised by the said Council to assess, levy, and apply, within the said excepted. Town or District, for the Purpose of making Roads, erecting and repairing publick Buildings, or for any other Purpose respecting the local Convenience and Oeconomy of such Town or District.

Ordinances made to be laid before

His Majesty for His

Approbation.

Ordinances touching Reli

gion not to be

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 Approbation; and if His Majesty shall think fit to disallow thereof, the same shall cease and be void from the Time that His Majesty's Order in Council thereupon shall be promulgated at Quebec

may

Provided also, that no Ordinance touching Religion, or by which any Punishment be inflicted greater than Fine or Imprisonment for Three in Force with- Months, shall be of any Force or Effect, until the same shall have received ut His Ma- His Majesty's Approbation.

esty's Appro

bation.

Provided also, That no Ordinance shall be passed at any Meeting of the When Ordin Council where less than a Majority of the whole Council is present, or at ances are to be any Time except between the First Day of January and the First Day of passed by a May, unless upon some urgent Occasion, in which Case every Member thereof resident at Quebec, or within Fifty Miles thereof, shall be personally suinmoned by the Governor, or, in his Absence, by the Lieutenant-governor, or Commander in Chief for the Time being, to attend the same.

Majority.

Nothing to
Linder His
Majesty to
constitute
Courts of
Criminal,

clesiastical

And be it further enacted by the Authority aforesaid, That nothing herein contained shall extend, or be construed to extend, to prevent or hinder His Majesty, His Heirs and Successors, by His or Their Letters Patent under the Great Seal of Great Britain, from erecting, constituting, and appointing, such Courts of Criminal, Civil, and Ecclesiastical Jurisdiction within and Civil, and Ec- for the said Province of Quebec, and appointing, from Time to Time, the Jurisdiction. Judges and Officers thereof, as His Majesty, His Heirs and Successors, shall think necessary and proper for the Circumstances of the said Province. 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 heretofore made concerning or respecting the said Colonies and Plantations, shall be, and are hereby declared to be, in Force, within the said Province of Quebec, and every Part thereof.

All Acts formerly made are hereby inforced within

the Province.

Finis.

6-7 EDWARD VII., A. 1907

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CEREC REVENUE ACT.1

ANNO DECIMO QUARTO

GEORGII III. REGIS.

CAP LXXXVIII

was further defraying the Charges of the Adminisapport of the Civil Government within the Province of

- ptain Duties were imposed, by the Authority of His most mutan kajesty, upon Wine, Rum, Brandy, Eau de Vie de Liqueur, 12" the Province of Canada, now called the Province of Quebec, ■ Suty of Three Pounds per Centum ad Valorem, upon all dry -portet intex and exported from, the said Province, which Duties we Time of the Surrender of the said Province to Your cor - 3 rows in the late War: And whereas it is expedient that the totes should cease and be discontinued; and that in Lieu and in ze esot, aber Paties should be raised by the Authority of Parliament, quate Provision for defraying the Charge of the vesami a tlustice, and the Support of Civil Government in the said Your Majesty's most dutiful and loyal Subjects, the Dritain, in Parliament assembled, do most humbly incent Not Westy that it may be enacted; and be it enacted by the Majesty, by and with the Advice and Consent of the Temporal, and Commons, in this present Parliament Authority of the same, That from and after the One thousand seven hundred and seventy-five, all the psi upon Rum, Brandy, Eau de Vie de Liqueur, ne sac Phone, and also of Three Pounds per Centum ad Valorem, fected into, or exported from, the said Province, under His most Christian Majesty, shall be, and are hereby tat in Lieu and in Stead thereof, there shall, from and F: Day of April, One thousand seven hundred and mel enied, collected, and paid, unto His Majesty, His gossors for and upon the respective Goods herein-after menimported or brought into any Part of the said Provother Duties now payable in the said Province, by of Farliament, the several Rates and Duties following:

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SESSIONAL PAPER No. 18

Rates deemed
Sterling
Money of

Great Britain;

how they are

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to whom they

under the Dominion of His Majesty, imported from any other Place, except Great Britain, One Shilling.

For every Gallon of Molasses and Syrups, which shall be imported or brought into the said Province, in Ships or Vessels belonging to His Majesty's Subjects in Great Britain or Ireland, or to His Majesty's Subjects in the said Province, Three-pence.

For every Gallon of Molasses and Syrups, which shall be imported or brought 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.

And it is 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, recovered, and paid, to the Amount of the Value which such nominal Sums bear in Great Britain; and that such Monies may be received and taken according to the Proportion and Value of Five Shillings and Sixpence the Ounce in Silver; 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, except in such Cases where any Alteration is made by this Act, as any other Duties payable to His Majesty upon Goods imported into any British Colony or Plantation in America are or shall be raised, levied, collected, paid, and recovered, by any Act or Acts of Parliament, as fully and to be levied, effectually, to all Intents and Purposes, as if the several Clauses, Powers, Directions, Penalties, and Forfeitures, relating thereto, were particularly repeated and again enacted in the Body of this present Act; and that all the Monies that shall arise by the said Duties, (except the necessary Charges of raising, collecting, levying, recovering, answering, paying, and accounting for the same,) shall be paid by the Collector of His Majesty's Customs, into the Hands of His Majesty's Receiver-general in the said Province for the Time are to be paid, being, and shall be applied, in the first Place, in making a more certain and adequate Provision, towards defraying the Expences of the Administration of Justice, and of the Support of Civil Government, in the said Province; and that the Lord High Treasurer, or Commissioners of His Majesty's Treasury, or any Three or more of them for the Time being, shall be, and is or are hereby impowered, from Time to Time, by any Warrant or Warrants under his or their Hand or Hands, to cause such Money to be applied out of the said Produce of the said Duties, towards defraying the said Expences; and that the Residue of the said Duties shall remain and be reserved in the Hands of the said Receiver-general, for the future Disposition of Parliament. And it is hereby further enacted by the Authority aforesaid, That if Goods chargeable with any of the said Duties herein-before mentioned shall be brought into the said Province by Land Carriage, 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 Province by any inland with the Du- Navigation, other than upon the River Saint Lawrence, 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 Customs 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 Province, by or through any other Place whatsoever, the said Goods shall be forfeited; and 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

and how to be applied.

Regulations with respect to Goods

brought into

the Province

chargeable

ties before

mentioned.

any

Penalties and
Forfeitures
where to be
prosecuted
for, etc.

Any Person keeping a

House of publick Enter

tainment to

pay 11. 16 s. for a Licence.

6-7 EDWARD VII., A. 1907

of such Goods, to be estimated and computed according to the best Price that each respective Commodity bears in the Town of Quebec, at the Time such Offence shall be committed; and all the Horses, Cattle, Boats, Vessels, and other Carriages whatsoever, made use of in the Removal, Carriage, or Conveyance of such Goods, shall also be forfeited and lost, and shall and may be seized by any Officer of His Majesty's Customs, and prosecuted, as herein after mentioned.

And it is hereby further enacted by the Authority aforesaid, That the said Penalties and Forfeitures by this Act inflicted, shall be sued for and prosecuted in any Court of Admiralty, or Vice Admiralty, having Jurisdiction within the said Province, and the same shall and may be recovered and divided in the same Manner and Form, and by the same Rules and Regulations, in all Respects, as other Penalties and Forfeitures for Offences against the Laws relating to the Customs and Trade of His Majesty's Colonies in America shall or may, by any Act or Acts of Parliament be sued for, prosecuted, recovered, and divided.

And be it further enacted by the Authority aforesaid, That there shall, from and after the Fifth Day of April, One thousand seven hundred and seventy-five, be raised, levied, collected, and paid, unto His Majesty's Receiver-general of the said Province, for the Use of His Majesty, His Heirs and Successors, 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 Penalty of 101. of publick Entertainment, or for the retailing Wine, Brandy, Rum, or any other Spirituous Liquors, within the said Province; and any Person keeping any such House or Place of Entertainment, or retailing any such Liquors without such Licence, 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 prosecute 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.

for every

Offence.

Not to make void French

reserved at

Provided always, That nothing herein contained shall extend, or be construed to extend, to discontinue, determine, or make void, any Part Revenues, etc. of the territorial or casual Revenues, Fines, Rents, or Profits whatsoever. the Conquest. 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 notwithstanding.

In Suits And be it further enacted by the Authority aforesaid, That if any brought pur- Action or Suit shall be commenced against any Person or Persons for any suant to this Act, 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 acquit ed; or if the Plaintiff shall discontinue such Action or Suit, such Court or Judge shall award to the Defendant or Defendants Treble Costs.

Defendants to

have Treble Costs.

Finis.

SESSIONAL PAPER No. 18

ANNO DECIMO QUINTO

GEORGII III. REGIS.

CAP. XL.

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 the Administration of Justice, and Support of the Civil Government within the Province of Quebec, in America.

Preamble.

14 Geo. III.

re cited.

WHEREAS by an Act, passed in the Fourteenth Year of His Majesty's Clause in Act Reign, (intituled, An Act to establish a Fund towards further defraying the Charges of the Administration of Justice, and Support of the Civil Government 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 Carriage, 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 Province by any Inland Navigation, other than upon the River Saint Lawrence, 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 Customs 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 Province by or through any other Place whatsoever, the said Goods shall be forfeited; and 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 of such Goods; to be estimated and computed according to the best Price that each respective Commodity bears in the Town of Quebec at the Time such Offence shall be committed; and all the Horses, Cattle, Boats, Vessels, and other Carriages whatsoever, made use of in the Removal, Carriage, or Conveyance of such Goods, shal! be forfeited and lost, and shall and may be seized by any Officer of His Majesty's Customs, and prosecuted as therein-after 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 of Rum, Brandy, or other Spirits, into the Province of Quebec by Land Carriage, may, without further Explanation, operate to the Prejudice and Disadvantage of the Commerce carried on with the Indians in the upper or interior Parts of the said Province, we, Your Majesty's most dutiful and loyal Subjects, the Commons of Great Britain, in Parliament assembled, do His Majesty's most humbly beseech Your Majesty that it may be enacted; and be it Subjects may enacted by the King's most Excellent Majesty, by and with the Advice and Land or In Consent of the Lords Spiritual and Temporal, and Commons, in this present land Naviga Parliament assembled, and by the Authority of the same, That it shall and Parts of Que may be lawful to and for all His Majesty's Subjects freely to bring, carry or bee, not here- convey, by Land Carriage, or Inland Navigation, into any Parts of the Province of Quebec, not heretofore comprehended within the Limits thereof prehended in by His Majesty's Royal Proclamation of the Seventh of October, One thousand Proclamation seven hundred and sixty-three, any Quantity of Rum, Brandy, or other of Oct. 7.1763, Spirits, any Thing contained in the before-recited Act of Parliament to the sav Quantity of Rum, Bran- contrary thereof in any-wise notwithstanding.

bring, by

tion, into any

tofore com

the Royal

dy, etc.

FINIS.

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