STATUTES OF UPPER-CANADA, PASSED IN THE SECOND SESSION OF THE THIRD PROVINCIAL PARLIAMENT, 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 II. PETER HUNTER, ESQUIRE, LIEUTENANT GOVERNOR. ANNO DOMINI 1801. CHA P. I. 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 1. two years, and then to the end of the next cnsuing Session of Parliament.] СНАР. II. An Act for the further Regulation of the MILITIA of this Province, and for the more effectual PUNISHMENT of OFFENDERS against the MILITIA LAWS. Preamble. CHA 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. [9th July, 1801.] HEREAS it is expedient for the convenience of the inhabitants of 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 erected at 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, 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 Kingston. tions. Fines for offences. Publication of rules, 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 enacted by the authority aforesaid, That the said Commissioners shall be, and they are hereby authorised and empowered to im 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, orders, and regulations. 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 per son shall transgress the orders and regulations so made by the said Commis sioners, 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. IV. CHA P. IV. A Bill to ratify and confirm certain Provisional ARTICLES of AGREEMENT entered into [Expired.] (See 58th Geo. IN. CHA P. V. An Act for granting to His Majesty, His Heirs and Successors, to and for the uses of this Pro MOST GRACIOUS SOVEREIGN, WE [ 9th July, 1801.] E your Majesty's most dutiful and loyal Subjects the Commons of the 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 Successors, and to and for the uses of this Province, the like Duties on all Goods and Merchandize that may be imported or brought into this Province from any part, port, or place, of or belonging to the citizens of the United States of America, as are now levied and collected under and by virtue of any Act of the Parliament of Great Britain, or levied and collected in the Province of Lower Canada, to and for the use and benefit of this Province, under and by virtue of any provisional agreement in force between the Provinces of Upper Canada and Lower Canada, 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. point Collectors. II. And be it further enacted by the authority 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 some or one of them, in such manner and wise as the Governor, LieuteGovernor, &c. to ap- nant 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 Penon 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 his or their deputy or deputies, shall make his or their report to the said Governor, Lieutenant Governor, or Person administering the Government, of all entries made at his or their res To report all entries 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 au thority of this Act, at or before the expiration of every six months. Their duties. and account. point deputies. Collectors may ap- 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 Collectors. 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 given lectors shall give security, by two sureties in five hundred pounds each, and himself in one thousand pounds, for the due performance of his office. by them. Terms of intercourse and the United States, between this Province V. And be it further enacted by the authority aforesaid, That all Goods and Merchandize, whose importation into this Province is not, or shall not be entirely prohibited, may freely, for the purposes of commerce, be carried, 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 Merchand ize from Great Britain or other parts beyond the seas, Provided ahways, 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 allowed. Peltries. 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 Indians. 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 shal! 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. Ferriage. Goods in transftu. Attendance of collectors. 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 le 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. Manner of proceed VIII. And be it further enacted by the authority aforesaid, That all vessels, 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, raft 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 forthwith 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, 12 from |