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PASSED IN THE SECOND SESSION OF THE THIRD PROVINCIAL
MET AT YORK, ON THE TWENTY-EIGHTH DAY OF MAY, AND PROROGUED ON THE NINTH
DAY OF JULY FOLLOWING, IN THE FORTY-FIRST YEAR
OF THE REIGN OF GEORGE NI.
An Act to continue an Act passed in the thirty seventh year of His Majesty's Reign, intituled,
“ An Act for the better securing the Province against the King's ENEMIES.”
[Continues 37th Geo. III. c I. two years, and then to the end of the next cnsuing Session of Parliament.]
An Act for the further Regulation of the MILITIA of this Province, and for the more effec
tual PUNISHMENT OF OFFENDERS against the MILITIA LAWS.
CH A P. III.
An Act to empower the Commissioners of the Peace for the Midland District, in their Court
of General Quarter Sessions assembled, to Establish and Regulate a MARKET in and for the Town of KINGSTON in the said District.
[91h. July, 1801.] THEREAS it is expedient for the convenience of the inhabitants of Preamble
V the Midland District, that a Market should be established at Kingston, in said District, and that the times and place for holding such Market should be ascertained, Be it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Assembly of the Province of Upper Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of Great Britain, intituled, “An Act to repeal certain parts of an Act passed in the fourteenth year of His Majesty's Reign, intituled, 'An Act for making more effectual
provision for the Government of the Province of Quebec, in North America, Maket erecsed at and to make further provision for the Government of the said Province," Kingston.
and by the authority of the same, That from and after the passing of this Act, it shall and may be lawful for the Commissioners of the Peace in the Midland District, in their Court of General Quarter Sessions assembled, and
they are hereby authorised and empowered to fix upon and establish some Orders and regula.
convenient place in the Town of Kingston, as a Market, where Butcher's tions.
Meat, Butter, Eggs, Poultry, Fish and Vegetables, shall be exposed to sale ; and to appoint such days and hours for that purpose, and to make such other orders and regulations relative thereto, as they shall deem expedient.
II. And be it further enncted by the authority aforesaid, That the said Com
missioners shall be, and they are hereby authorised and empowered to imFines for offences.
pose such fines, not exceeding twenty shillings, for any offence committed against such rules and regulations, as to them in their discretion shall seem requisite and proper.
III. And be it further enacted by the authority aforesaid. That all such orders Publication of rules,
rules, and regulations shall be published by causing a copy of them to be affixed in the most public place in every Township in the said District, and at the doors of the Church and Court House of the said Town of Kingston, and that such orders, rules and regulations shall not be in force until three weeks after such publication
Mode of levying and application of fines,
· IV. And be it further enacted by the authority aforesaid, That if any person shall transgress the orders and regulations so made by the said Commissioners, such person, shall for every such transgression, forfeit the sum which in every such order, rule and regulation shall be specified, to be recovered by information before any one Commissioner of the Peace, upon the oath of one credible witness, and to be levied by warrant under the hand and seal of suck Commissioner, upon the goods aud chattels of such offender, and that one moiety of the sum so levied shall go to the informer, the other moiety shall be paid into the hands of His Majesty's Receiver General, to and for the use of His Majesty, His Heirs and Successors, for the public uses of this Province, and towards the support of the Government thereof, to be accounted for to His Majesty through the Commissioners of his Treasury for the time being in such manner and form as it shall please His Majesty to direct.
Ć HA P. IV.
eirs aport of the Goveromg of his Treasury Lodirect.
. C HA P. IV.
A Bill to ratify and confirm certain Provisional ARTICLES of AGREEMENT entered into
by the respective Commissioners of THIS PROVINCE and LOWER CANADA, at Quebec, on the second day of February, One thousand eight hundred and one, relative to See 58th Geo. 17. DUTIES, and for carrying the same into effect, and also to continue an Act passed in the c 13.) thirty-ninth year of His Majesty's Reign.
bec, the respecand contain
An Act for granting to His Majesty, His Heirs and Successors, to and for the uses of this pros
[ 9th July, 1801.) MOST GRACIOUS SOVEREIGN,
p rovince of Upper and voluntarily resolved Duties herein aft Province, have band Successors, as herein after
Majestovince, have freeper Canada, in Pariyal Subjects the c
W E your Majesty's most dutiful and loyal Subjects the Commons of the Preambie.
W Province of Upper Canada, in Parliament assembled, for the uses of this Province, have freely and voluntarily resolved to give and grant to Your Majesty, Your Heirs and Successors, the several Duties herein after mentioned, and in such manner and form as herein after expressed. And therefore 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 Legislative Council and Assembly of the Province of Upper Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of Great Britain, intituled, “ An Act to repeal certain parts of an Act passed in the fourteenth year of His Majesty's Reign, intituled, 'An Act for making more effectual provision for the Government of the Province of Quebec, in North America, and to make further provision for the Government of the said Province," and by the authority of the same, That from and after the passing of this Act there, shall be raised, levied, collected and paid into the hands of the Receiver General, as Trea. surer of this Province, to and for the use of Your Majesty, Your Heirs and vied on
j Like duties to be les
Tajesty, Tour meirs and vied on goods and mera Successors, and to and for the uses of this Province, the like Duties on all chandize imported in.
to this Province from Goods and Merchandize that may be imported or brought into this Province the United States of from any part, port, or place, of or belonging to the citizens of the United America, as are, "o*
levied on goods or States of America, as are now levied and collected under and by virtue of merchandize in the any Act of the Parliament of Great Britain, or levied and collected in the Province of Lower
Canada for the use of Province of Lower Canada, to and for the use and benefit of this Province, this Province under and by virtue of any provisional agreement in force between the Provinces of Upper Canada and Lower Capada, and under and by virtue of any Act or Acts passed in the said Province of Lower Canada, imposing a Duty on Goods and Merchandize brought into that Province from Great Britain, or parts beyond the seas.
Ports of entry and clearance.
Governor, &c. to appoint Collectors.
II. And be it further enacted by the anthority aforesaid, That for the better collecting the said Duties, the ports of Cornwall, Johnstown, Newcastle, York, Kingston, Niagara, Queenston, Fort Erie Passage, Turkey Point, Amherstburgh and Sandwich, shall be, and they are hereby declared to be Ports of Entry and Clearance for all Goods and Merchandize brought into this Province (not being goods entirely , prohibited) and for the payment of all Duties liable to be paid on all Goods and Merchandize brought into this Province as aforesaid, which payments shall be made at the respective Ports, or soine or one of them, in such manner and wise as the Governor, Lieutenant Governor, or Person administering the Government of this Province, by and with the advice and consent of the Executive Council thereof, shall for the better collecting of the same, order and direct : And that it shall and may be lawful for the Governor, Lieutenant Governor or Person administering the Government, under his hand and seal at arms, to nominate and ap. point one or more Collector or Collectors at the said Ports of entry and clearance, which said Collector or Collectors, or hiz or their deputy or deputies, shall make his or their report to the said Governor, Lieutenant Governor, or Person adıninistering the Government, of all entries made at his or their res. pective Port or Ports, and account to the Receiver General of the said Province for all Duties and Seizures levied, paid and made under and by virtue of any Act or Acts of the Parliament of Great Britain, or under and by allthority of this Act, at or before the expiration of every six months.
To report all entries and account.
Collectors may appoint deputies,
III. And be it further enacted by the authority aforesaid, That the said Collectors shall, and they are hereby authorised to appoint one or more deputy or deputies in their several Districts, for the better carrying into effect the provisions of this Act.
Allowance to Col. IV. And be it further enacted by the authority aforesaid, That it shall and
may be lawful for the Governor, Lieutenant Governor or Person administering the Government of the said Province, by and with the advice and consent of the said Executive Council, to allow to each Collector fifty pounds per centum on the amount of Duties so collected, until the same amount to
one hundred pounds per annum and no more, and the said Collector or Col. Security to be givon lectors shall give security, by two sureties in five hundred pounds each, and by them.
himself in one thousand pounds, for the due performance of his office.
V. And be it further enacted by the authority aforesaid, That all Goods and Terms of intercourse Merchandize, whose importation into this Province is not, or shall not be enand the United States. tirely prohibited, may freely, for the purposes of commerce, be carried,
between this Province
brought and imported into the same from the said United States, in manner aforesaid, by His Majesty's subjects and by the citizens of the said States, upon the payment of the several and respective Duties due and payable by His Majesty's subjects on the importation of the like Goods and Merchandize from Great Britain or other parts beyond the seas, Provided always, That nothing in this Act shall extend, or be construed to extend, to permit or allow any such Goods or Merchandize to be unladen at any place or places, or at any other times or hours than is or are herein after mentioned or als lowed.
. Ć. 5. IN THE 41st year
VI. And be it enacted by the authority aforesaid, That no duty of entry shall be payable, or levied, or demanded by any Collector or deputy on any Peltries brought by land or inland navigation into this Province, and that Indians passing or repassing with their proper goods and effects, of whatever nature, shall not be liable to pay for such goods and effects any impost or duty whatever, unless the same shall be goods in bales or other packages un usual among Indians for their necessary use, which shall not be considered as goods belonging bona fide to Indians, or as goods entitled to the foregoing exemption from duties and imposts ; that no higher or other tolls or rates of ferriage than what are or shall be payable by His Majesty's subjects, shall be demanded by any person or persons of the citizens of the United States of America, and that no duties under and by virtue of this Act shall be payable on any goods which shall be merely carried over any of the portages, or carrying places within this Province, for the purpose of being immediately re-embarked and carried to some other place or places, Provided nevertheless, That the last mentioned exemption from duty, shall extend only to such goods as are carried in the usual and direct road across such portages or carrying places, and are not attempted to be in any manner sold or exchanged during their passage across the same.
otion from die or places, prong immediate
VII. And be it further enacted by the authority aforesaid, That it shall not be lawful to make entry of any vessel, boat, raft or carriage, or of any cargo Entry of vessels, boats, or load, or of any goods, wares or merchandize imported into this Province &c. from the said United States, except at the ports of entry aforesaid ; and that the Collector or Collectors, deputy or deputies of and for the said ports, shall attend every day except Sundays, Christmas-Day and Good Friday, at
Attendance of col. a certain place to be named for each port, for the discharge of the duties of their respective offices, between the hours of nine and twelve of the clock in the forenoon, and three and six of the clock in the afternoon, from the first day of May to the first day of October, and from ten to three from the first day of October to the last day of April.
VIII. And be it further enacted by the authority aforesaid, That all vessels,
DES, Manner of proceed. boats, rafts and carriages of what kind or nature soever containing goods, ing on arrival" of veswares or merchandize, passing by or into the said ports or either of them, sels, boats, &c. shall be reported to the Collector or his deputy, and be subject to visitation and search by the Collector or his deputy established at any of the said ports, and that upon the arrival of any vessel, boat, rast or carriage from any port or place in the said United States at any of the ports aforesaid, the master or other person duly authorised, having the charge or command of such vessel, boat, raft, or carriage, shall forth with repair to the place so to be named as aforesaid at each of the said ports, and shall there report to the Collector or his deputy, the arrival of the said vessel, boat, raft, or carriage, together with the burthen, cargo or load of such vessel, boat, raft or carriage, whether in packages or stowed loose, of the particular marks and numbers of each package, and the place or places, person or persons to and for which or whom they are respectively consigned or intended : and the said master or person having the charge or the command of any such vessel, boat, raft, or carriage, shall further declare that no part of the cargo or load of such vessel, boat, raft, or carriage, since the departure of such vessel, boat, raft or carriage,
aforesalore, the arriver load of su particularmer