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Penalty.

Persons not excused from answering be

them.

voter either to give or refrain from giving his vote at any election, shall be deemed to have committed the offence of undue influence, and shall be guilty of a misdeameanor, and shall also be liable to forfeit the sum of two hundred dollars to any person who shall sue for the same, together with full costs of suit.

5. No person shall be excused from answering any question put to him in any action, suit, or other proceeding in any fore Commit- Court, or before any Judge, Commissioner, or Select Comtees, &c., on mittee, touching or concerning any election, or the conduct the ground of any person thereat, or in relation thereto, on the ground that answers of may criminate any privilege, or on the ground that the answer to such question will tend to criminate such person; but no answer given by any person claiming to be excused on the ground of privilege, or on the ground that such answer will tend to criminate him, shall be used in any criminal proceeding against such person, other than an indictment for perjury, if the Judge, Commissioner, or Chairman of the Committee shall give to the witness a certificate that he claimed the right to be excused on either of the grounds aforesaid, and made full and true answers, to the satisfaction of the Judge, Commissioner, or Committee.

Contracts

arising out of elections to be void.

Short Title of this Act.

Preamble.

Certain duties
repealed.
Cap. 17 of
Con. Stat.
Canada.

6. Every executory contract or promise or undertaking, in any way referring to, arising out of, or depending upon any Parliamentary Election, even for the payment of lawful expenses, or the doing of some lawful act, shall be void in law; but this provision shall not enable any person to recover back any money paid for lawful expenses connected with such election.

7. This Act may be called and cited as "The Corrupt Practices Prevention Act, 1860."

CAP. XVIII.

An Act respecting certain Duties of Customs.

[Assented to 19th May, 1860.]

ER Majesty, by and with the advice and consent of the
Legislative Council and Assembly of Canada, enacts as

follows:

1. So much of chapter seventeen of the Consolidated Statutes of Canada, intituled: An Act respecting Duties of Customs, and the Collection thereof, and of the table of Duties of Customs inwards, thereunto annexed, as imposes any duty on printed books, periodicals and pamphlets, not being reprints of British copyrights, nor blank account books, nor copy books, nor books to be written or drawn upon, nor school or other books which

now

now are or hereafter may be printed in this Province, is hereby repealed;---Provided always, that copies of such school and other books, shall be deposited with the Customs' Branch of the Department of the Finance Minister, before duty shall be levied upon the same.

free.

2. Notwithstanding any thing in the said Act or Table of Articles for Duties, all articles imported bona fide for the use of any Consul certain purof a foreign country, being an alien, and a subject or citizen of poses to be the foreign country he represents, and not engaged in commercial business or professional pursuits, shall be admitted free of duty.

3. This Act shall be construed as one Act with that above cited.

CAP. XIX.

An Act respecting Trade with Foreign Countries.

[Assented to 19th May, 1860.]

Construction

of this Act.

N order to promote a direct Trade with Foreign Countries, Preamble. Her Majesty, by and with the advice and consent of

the Legislative Council and Assembly of Canada, enacts as follows:

1. The Governor in Council, whenever he finds it expedient Governor in in order to promote such Trade as aforesaid, may, by Procla Council may mation, reduce the duty of Customs on the Articles hereinafter reduce the mentioned, to the rates also hereinafter mentioned, that is to tain articles. say:

On Wine of all kinds, to twenty per cent. ad valorem ;

On Brandy, to thirty per cent. ad valorem ;

On Dried Fruits, Currants, Figs, Almonds, Walnuts and Filberts, to twenty per cent. ad valorem ;

duty on cer

And such reduction shall take place at such time, and be When such subject to such regulations and conditions, as may be prescribed reduction in the Proclamation by which it is made; Provided that the shall take said regulations and conditions may from time to time be altered by the Governor in Council.

effect.

Proviso.

2. This Act shall be construed as one Act with chapter This Act to be seventeen of the Consolidated Statutes of Canada, intituled: construed as An Act respecting duties of Customs and the collection thereof, of Con. Stat. part of cap. 17 and to any Proclamation made under this Act, the enact- of Canada. ments and provisions of the said Act as to Regulations under it by Orders in Council, shall apply.

made

CAP.

CAP. XX.

Preamble.

Governor in

An Act respecting Free Ports of Entry.

[Assented to 19th May, 1860.]

HER Majesty, by and with the advice and consent of the
Legislative Council and Assembly of Canada, enacts as

follows:

1. The Governor in Council may, whenever he deems it Council may expedient, constitute, by Proclamation, a Free Port at some place on the Gulf of St. Lawrence,---and may, in like manner, by another Proclamation, and when he deems it expedient, constitute a Free Port at Sault Ste. Marie.

constitute two Free Ports.

And define

and privileges,

&c.

2. The limits and privileges of each of the said Free Ports their limits respectively, and of any district to be attached thereto, shall be defined by the Proclamation by which such Free Port is constituted, which may also contain such Regulations and provisions as the Governor in Council may deem it expedient to make for the protection of the Revenue and for preventing any abuse of the privileges conferred on such Free Port; Provided that the said regulations and provisions may from time to time be altered by the Governor in Council.

Proviso.

Act to be con

17 of Con. Stat. of Canada.

3. This Act shall be construed as one Act with chapter strued as one seventeen of the Consolidated Statutes of Canada, intituled: Act with cap. An Act respecting Duties of Customs and the collection thereof,--and to any Proclamation issued under this Act, the enactments and provisions of the said Act, as to Regulations made under it by Orders in Council, shall apply, except that no such Proclamation shall be revoked or altered, as regards the establishment of the Port and its limits, at any time within ten years from the date thereof, unless by Act of the Provincial Par liament.

Preamble.

CAP. XXI.

An Act respecting the Line of Division between Upper and Lower Canada.

[Assented to 19th May, 1860.]

WHEREAS, on the twenty-fourth of August, seventeen hundred and ninety-one, His late Majesty King George the Third was pleased, by and with the advice of His Privy Council, to order that the then Province of Quebec should be divided into two Provinces, to be called the Province of Upper Canada and the Province of Lower Canada, by separating the said two Provinces according to a certain line of division; and whereas, by reason of certain inconsistencies and inaccuracies in the description of the said line of division in the Order in Council

Council in that behalf, doubts have arisen as to the true course and situation on the ground of the said line of division; and whereas such doubts, and the consequent uncertainty as to the limits of electoral, judicial, municipal, territorial and other divisions on each side of the said line have been, and still are, notwithstanding the re-union of the said Provinces, productive of great inconvenience, loss and injury, and of serious impediments to the due administration of justice, and the exercise and discharge of political and civil rights and duties; And whereas it is expedient and highly desirable to remove such doubts, by correctly describing and defining the said line of division, and providing for its being laid down and marked in the field, and to apply a remedy to the evils to which such doubts have given rise; and whereas Commissioners were appointed to enquire into and report upon the said Line and the said Commissioners, being the Honorable Frederick Auguste Quesnel, of the City of Montreal, and Thomas Kirkpatrick Esquire, of the City of Kingston, have, in accordance with their commission in that behalf, made their report to His Excellency the Governor General upon the matters into which they were so commissioned to enquire, which Report bears date the sixteenth February, 1860: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, declares and enacts as follows:

described.

1. The said Province of Upper Canada was separated from Line between the said Province of Lower Canada by a line of division Upper and which may now be described as follows, that is to say: com- Lower Canada mencing at the water's edge on the North shore of Lake St. Francis, at a point where the prolongation of a line connecting the two stone monuments now existing at the cove West of Pointe au Baudet strikes the water of the said lake ; thence along the line run in a north-westwardly course by Hyacinthe Lemaire St. Germain, sworn Land Surveyor, for the South-Western limit of the Seigniory of New Longueuil, and now bounding certain lots in the said Seigniory, and following the road between part of the Fifth Concession of the Township of Lancaster and the said Seigniory to a point at the distance of three leagues from the site of the former stone monument now under the waters of Lake St. Francis, being the westernmost angle of the said Seigniory; thence northwardly in a straight line to the monument planted by Colonel Bouchette, Surveyor General of Lower Canada, at the extremity of the line surveyed and prolonged by him agreeably to and connecting the five stone monuments now standing, planted by Louis Guy and Pierre Remy Gagnier, sworn Land Surveyors, near Point Fortune, on the Ottawa River, to mark the commencement and course of the Western limit of the Seigniory of Rigaud; thence along the said line, so prolonged, to the Bank of the Ottawa River; thence to the middle of the main channel of the said River; thence ascending along the middle of the said main channel of the said River into the

Lake

Commissioner of Crown Lands to cause

and marked out by an offi

Lake Temiscaming; thence through the middle of the said
Lake to the head thereof; and thence by a line drawn due
North to the Northern Boundary line of the Province, in ac-
cordance with the said Report of the said Commissioners.

2. The Commissioner of Crown Lands shall cause the said Line of Division to be surveyed and run from the North Bank the said Line of Lake St. Francis to the South Bank of the River Ottawa, to be surveyed by a Land Surveyor duly admitted to practise as such in and for Upper Canada and Lower Canada, and being an Officer of eer of the De- the Surveying Branch of the Department of Crown Lands, who partment. shall mark the course of the same between those waters by monuments of cut stone, or other sufficient boundary marks, at short intervals, including one on each bank, one at every point where the course of the line is changed, and one at every other conspicuous or otherwise appropriate point, and shall make a plan and report of such survey, in which the position of each of such monuments and marks shall be shown, as well as the positions and distances and bearings from the line of any trees, streams, or other fixed objects, natural or artificial, serving to mark the said portion of the said line or its course or situation in whole or in part; which line so marked on the ground shall be taken to be the true boundary between Upper and Lower true boundary. Canada, and such plan and survey, on being approved by the Governor in Council, shall be deposited and remain of record in the said Department of Crown Lands, and shall govern in all questions relating to the said boundary:

And the Line

so marked shall be the

Penalty for removing or defacing the marks.

1. Any person, who shall remove or wilfully damage or deface any of such monuments or marks, shall be guilty of a misdemeanor and may be prosecuted therefor in any Court of competent jurisdiction in Upper or Lower Canada, and on conviction thereof shall be liable to fine or imprisonment, or both, in the discretion of the Court.

Compensation 3. In case any land granted by Letters Patent under the for lands pa- Great Seal of the late Province of Upper Canada, or granted tented as in Upper and by Letters Patent under the Great Seal of this Province as being found to be in in Upper Canada, or sold by the Crown as being in Upper Lower Canada. Canada and not yet under patent, is found under this Act to be either wholly or partly in Lower Canada, and there be nothing in such Letters Patent to exclude a claim to the compensation hereinafter provided for, it shall be lawful for the Governor in Council to make compensation, either in money or land or in land scrip or certificates to be taken in payment for public lands, to the grantee or his heir or legal representative, for such land or so much thereof as may be lost to him by reason of this Act, unless the same be still in the possession of the Crown, in which Letters Patent for the same may be issued in his favor.

case

A.

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