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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 imported from Great Britain into any Colony or Plantation in America, or relates thereto,” it has been declared, " That the king and Parliament of Great Britain will not impose any duty, tax, or assessment whatever, payable 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 expedient 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, Province, or Plantation, in which the same shall be respectively levied, in 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 it therefore enacted by the authority aforesaid, That nothing in this Act contained shall extend, or
This Act not to pre
vent the operation of be construed to extend, to prevent or affect the execution of any Law which any Act of Parliament, hath been or shall at any time be made by His Majesty, His Heirs or Suc
tions or imposing ducessors, and the Parliament of Great Britain, for establishing regulations or ties for the regulation prohibitions, or for imposing, levying, or collecting duties for the regulation merce, &c. of navigation, or for the regulation of the commerce to be carried on between 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 directing 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 respectively, to vary or repeal any such Law or Laws, or any part thereof, or in any manner to prevent or obstruct the execution thereof.
ot navigation and com
XLVII. Provided always, and be it enacted by the authority aforesaid, That Such duties to be apthe net produce of all duties which shall be so imposed, shall, at all times plied to the use of the
respective Provinces. hereafter be applied to and for the use of each of the said Provinces respectively, 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 His Majesty in Coun. from this country, and of the change to be made by this Act in the Govern- cil to fix and declare 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.
the commencement of ment thereof, it may be necessary that there should be some interval of this Aci, &c. 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 and de
Time for issuing the XLIX. And be it further enacted by the authority aforesaid, That the time writs of summons and to election, &c. not to be 10 veixeu by SIIS
be to be fixed by His Majesty, His Heirs or Successors, or under his or their later than December authority by the Governor, Lieutenant Governor, or Person administering 81, 1792.
the Government in each of the said Provinces respectively, for issuing the writs of summons and election, and calling together the Legislative Councils 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.
and the first
Between the com- L. Provided always, and be it further enacted by the authority aforesaill, meneement of ibis Act, n
st meeting of That during such interval as may happen between the commencement of the Legislative Council this Act, within the said Provinces respectively, and the first meeting of the and Assembly, tempo. rary Laws may be Legislative tour
be Legislative Council and Assembly of each of the said Provinces respectivemade.
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 Council as shall be ap. pointed by His Majesty for the affairs of such 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 such 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 Majesty, His Heirs or Successors, by and with the advice and consent of the said Legislative Council and Assembly.
CHA P. CXXXVIII.
An Act for extending the Jurisdiction of the Courts of Justice in the Provinces of Lower and Upper Canada, to the trial and punishunent of persons guilty of crimes and offences within certain Paris of North America adjoining to the said Provinces.
[11th August, 1803.] TTHEREAS, crimes and offences have been committed in the Indian V 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 jurisdiction 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 therefore 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 after the passing of this Act, all offences com- Offences committed mitted within any of the Indian Territories, or parts of America not within
within any of the In
dian Territories, &e. the limits of either of the said Provinces of Lower or Upper Canada, or of shall be tried in the
same manner as if com. any Civil Government of the United States of America, shall be, and be
s 01 America, Suali be, and be mitted within the Prodeemed to be, offences of the same nature, and shall be tried in the same vinces of Lower or
Upper Canada. manner and subject to the same punishment, as if the same had been committed within the Provinces of Lower or Upper Canada.
II. And be it further enacted, That it shall be lawful for the Governor, or The Governor of Lieutenant Governor, or Person administering the Government for the time Lower Carada may
empower persons to act being of the Province of Lower Canada, by Commission under his Hand and as Justices for the InSeal, to authorize and empower any person or persons wheresoever resi
for committing offendent or being at the time, to act as Civil Magistrates and Justices of the ders till couveyed to Peace for any of the Indian Territories or parts of America not within the co 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 conveyed 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 apprehend and take before any persons so commissioned, as aforesaid, or to apprehend 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 safe custody for the purpose of being dealt with according to Law.
III. And be it further enacted, That every such offender may and shall be place and manner of prosecuted and tried in the Courts of the Province of Lower Canada, (or if trial of such offenders. the Governor or Lieutenant Governor, or Person administering the Government for the time being, shall, from any of the circumstances of the crime or offence, or the local situation of any of the witnesses for the prosecution or defence, think that justice may more conveniently be administered 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 would 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 subject to such punishment as may, by any Law in force in the Province where he or she shall be tried, be inflicted for such crime or offence; and such crime or offence may and shall be laid and charged to have been committed within the jurisdiction of such Court, and such Court may and shall proceed therein to trial, judgment, and execution, or other punishment for such crime or offence, in the same manner in every respect as if such crime or offence had been really committed within the jurisdiction of such Court; and it shall also be lawful for the Judges and other officers of the said Courts, to issue subpænas and other processes for enforcing the attendance of witnesses on any such trial; and such subpænas and other processes shall be as 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 the 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 Upper Canada, in relation to the trial of any crimes or offences by this Act made cognizable in such Court, or to the more speedily and effectually bringing any offender or offenders to justice under this Act, as fully and amply as any subpænas or other processes are, within the limits of the jurisdiction of the Court from which any such subpoenas or processes shall issue as aforesaid : any Act or Acts, Law or Laws, custom, usage, matter, or thing to the contrary notwithstanding.
IV. Provided always, and be it further enacted That if any crime or ofOffenders not being subjects of His Majes. fence charged and prosecuted under this Act, shall be proved to have been ty, and also within the commit
committed by any person or persons not being a subject or subjects of His European State, shall Majesty, and also within the limits of any Colony, Settlement, or Territory be acquitted.
belonging to any European State, the Court before which such prosecution shall be had, shall forthwith acquit such person or persons, not being such subject or subjects as aforesaid, of such charge.
But subjects to His V. Provided nevertheless, That it shall and may be lawful for such Court Majesty shall be tried,
i to proceed in the trial of any other person, being a subject or subjects of His committed in another Majesty, who shall be charged with the same or any other offence, notwithEuropean State.
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.
OF THE M Alay LATE PROVINCE OF QUEBEC.
IT appears, on a revision of the Ordinances of the late Province of Quebec, that none
of them remain in force in this Province, unless it be the 2d and 4th clauses in an Ordinance 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, as also to deter persons from buying their Arms or Clothing, and for other purposes relative to the trade and intercourse with the said Indians” which prohibits the purchase of Indian Presents, and whereby it is enacted « That from and after the publication of this Ordinance, no person or persons whatsoever shall purchase, or receive in pledge, or in exchange, any cloaths, blankets, fire-arms, or ammunition, belonging to any Indian or Indians within this Province, under 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 lawful 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 credible witness, (being some other than the informer himself,) and to inflict the said imprisonment, 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 always, 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 3, entitled “ An Act to continue an Ordinance régulating 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."