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Charter of the Province of Pennsylvania, in case the same shall be so inter sected; and from thence along the said Northern and Western boundaries of the said Province, until the said Western boundary strike the Ohio; but in cas the said bank of the said Lake shall not be found to be so intersected, then following the said bank until it shall arrive at that point of the said. bank which shall be nearest to the North Western angle of the said Province of Pensylvania, and thence by a right line, to the said North Western angle of the said Province; and thence along the Western boundary of the said Province, until it strike the River Ohio; and along the bank of the said River, Westward, to the banks of the Mississippi, and Northward to the Southern boundary of the Territory granted to the Merchants Adventurers of England, trading to Hudson's Bay, and also all such Territories, Islands and Countries, which have, since the tenth of February, one thousand seven hundred and sixty-three, been made part of the Government of NewAnnexed to the Pro-foundland, be, and they are hereby, during His Majesty's pleasure, annexed to, and made part and parcel of the Province of Quebec, as created and established by the said Royal Proclamation of the seventh of October, one thousand seven hundred and sixty-three.
vince of Quebec.
II. Provided always, That nothing herein contained, relative to the boundary of the Province of Quebec, shall in any wise affect the boundaries of any other Colony.
III. Provided always, and be it enacted, That nothing in this Act contained, shall extend, or be construed to extend, to make void, or to vary or alter any right, title, or possession, derived under any grant, conveyance, or otherwise howsoever, of or to any Lands within the said Province, or the Provinces thereto adjoining; but that the same shall remain and be in force, and have effect, as if this Act had never been made.
IV. And whereas the provisions made by the said Proclamation, in respect to the Civil Government of the said Province of Quebec, and the powers and authorities given to the Governor and other civil officers of the said Province, by the grants and commissions issued in consequence thereof, have been found upon experience, to be inapplicable to the state and circumstances of the said Province, the inhabitants whereof amounted, at the conquest, to above sixty-five thousand persons professing the Religion of the Church of Rome, and enjoying an established form of Constitution and system of Laws, by which their persons and property had been protected, governed, and ordered, for a long series of years, from the first establishment Former provisions of the said Province of Canada; Be it therefore further enacted by the authority aforesaid, That the said Proclamation, so far as the same relates to the said Province of Quebec, and the Commission under the authority whereof the Government of the said Province is at present administered, and all and every the Ordinance and Ordinances, made by the Governor and Council of Quebec for the time being, relative to the Civil Government and administration of Justice in the said Province, and all Commissions to Judges and other Officers thereof, be, and the same are hereby revoked, annulled, and inade void, from and after the first day of May, one thousand seven hundred and seventy-five.
null and void.
V. And for the more perfect security and ease of the minds of the inhabitants of the said Province, it is hereby declared, that His Majesty's subjects professing the Religion of the Church of Rome, of and in the said Province of Quebec, may have, hold and enjoy, the free exercise of the Religion of the Church of Rome subject to the King's supremacy, declared and established by an Act made in the first year of the Reign of Queen Elizabēth, over all the Dominions and Countries which then did, or thereafter should
belong, to the Imperial Crown of this Realm and that the Clergy of the 31 G 3 C3
said may receive, and enjoy their dues and rights, with respect to such persons only as shall profess the said Religion.
No person professing
VI. Provided nevertheless, That it shall be lawful for His Majesty, His Heirs or Successors, to make such provision out of the rest of the said accustomed dues and rights, for the encouragement of the Protestant Religion, and for the maintenance and support of a Protestant Clergy within the said Province, as he or they shall from time to time, think necessary and expedient. VII. Provided always, and be it enacted, That no person professing the Religion of the Church of Rome, and residing in the said Province, shall be the Romish religion obliged to take the oath required by the said Statute, passed in the first of Elizabeth, but to year of the Reign of Queen Elizabeth, or any other oaths substituted by take the following oath. any other Act in the place thereof; but that every such person who, by the said Statute, is required to take the oath therein mentioned, shall be obliged, and is hereby required, to take and subscribe the following oath, before the Governor, or such other person in such Court of Record as His Majesty shall appoint, who are hereby authorised to administer the same, viz.
“I, A. B. do sincerely promise and swear, that I will be faithful, and bear true allegiance to His Majesty King George, and him will defend to the utmost of my power, against all traitorous conspiracies and attempts whatsoever, which shall be made against his Person, Crown and Dignity; and I will do my utmost endeavour to disclose and make known to His Majesty, His Heirs and Successors, all treasons, and traitorous conspiracies and attempts, which I shall know to be against him or any of them; and all this I do swear without any equivocation, mental evasion, or secret reservation, and renouncing all pardons and dispensations from any Power and Person whomsoever to the contrary-So help me God."
And every such person who shall neglect or refuse to take the said oath before mentioned, shall incur and be liable to the same penalties, forfeitures disabilities and incapacities, as he would have incurred and been liable to, for neglecting or refusing to take the oath required by the said Statute passed in the first year of the Reign of Queen Elizabeth.
VIII. And be it further enacted by the authority aforesaid, That all Ilis Majesty's Canadian subjects within the Province of Quebec the Religious Orders and Communities only excepted may also hold and enjoy their property and possessions, together with all customs and usages relative thereto, and all other their civil rights, in as large, ample, and beneficial man
Owners of goods may alienate by will, &c.
Criminal Law of
ed in the Province.
ner, as if the said Proclamation, Commissions, Ordinances, and other Acts and Instruments, had not been made, and as may consist with their allegiance to His Majesty, and subjection to the Crown and Parliament of Great Britain; and that in all matters of controversy relative to property and civil rights, resort shall be had to the Laws of Canada, as the rule for the deci sion of the same; and all causes that shall hereafter be instituted in any of the Courts of Justice, to be appointed within and for the said Province, by His Majesty, His Heirs and Successors, shall with respect to such property and rights, be determined agreeably to the said Laws and Customs of Canada, until they shall be varied or altered by any Ordinances that shall, from time to time, be passed in the said Province, by the Governor, Lieutenant Governor, or Commander in Chief, for the time being, by and with the advice and consent of the Legislative Council of the same, to be appointed in manner hereinafter mentioned.
IX. Provided always, That nothing in this Act contained shall extend, or be construed to extend, to any lands that have been granted by His Majesty, or shall hereafter be granted by His Majesty, His Heirs and Successors, to be holden in free and common soccage.
X. Provided also, That it shall and may be lawful to and for every person that is owner of any lands, goods, or credits, in the said Province, and that has a right to alienate the said lands, goods, or credits, in his or her life-time, by deed of sale, gift, or otherwise, to devize or bequeath the same, at his or her death, by his or her last will and testament; any Law, usage or custom, heretofore or now prevailing in the Province, to the contrary hereof in any wise notwithstanding; such will being executed, either according to the Laws of Canada, or according to the forms prescribed by the Law of England.
XI. And whereas the certainty and lenity of the Criminal Laws of England, England to be continu- and the benefit and advantages resulting from the use of it, have been sensibly felt by the inhabitants, from an experience of more than nine years, during which it has been uniformly administered; Be it therefore further enacted by the authority aforesaid, That the same shall continue to be administered, and shall be observed as Law in the Province of Quebec, as well in the description and quality of the offence, as in the method of prosecntion and trial; and the punishments and forfeitures thereby inflicted, to the exclusion of every other rule of Criminal Law, or mode of proceeding thereon, which did or might prevail in the said Province, before the year of our Lord one thousand seven hundred aud sixty-four; any thing in this Act to the contrary thereof in any respect notwithstanding; subject nevertheless to such alterations and amendments as the Governor, Lieutenant Governor, or Commander in Chief, for the time being, by and with the advice and consent of the Legislative Council of the said Province, hereafter to be appointed shall, from time to time, cause to be made therein, in manner here in after directed.
His Majesty may ap
XII. And whereas, it may be necessary to ordain many regulations for the future welfare and good government of the Province of Quebec, the occasions of which cannot now be foreseen, nor, without much delay and inconvenience, be provided for, without intrusting that authority, for a certain time, and under proper restrictions, to persons resident there, And whereas, it is at present inexpedient to call an Assembly; Be it therefore enacted by the authority aforesaid, That it shall and may be lawful for His poiut a Council, & Majesty, His Heirs and Successors, by warrant under His or their Signet or Sign Manual, and with the advice of the Privy Council, to constitute and appoint a Council for the affairs of the Province of Quebec, to consist of such persons resident there, not exceeding twenty-three, nor less than seventeen, as His Majesty, His Heirs and Successors, shall be pleased to appoint; and, upon the death, removal, or absence of any of the Members of the said Council, in like manner to constitute and appoint such and so many other person or persons as shall be necessary to supply the vaconey or vacancies; which Council, so appointed and nominated, or the 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 Lieutenant Governor, or Commander in Chief for the time being.
XIII. Provided always, That nothing in this Act contained shall extend to authorize or empower the said Legislative Council to lay any taxes or duties within the said Provinee, such rates and taxes only excepted, as the inhabitants of any Town or District, within the said Province, may be authorised by the said Council to assess, levy, and apply, within the said Town or District, for the purpose of making roads, erecting and repairing public buildings, or for any other purpose respecting the local convenience and œconomy of such Town or District..
XIV. 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.
XV. Provided also, That no Ordinance touching Religion, or by which any punishment may be inflicted greater than fine or imprisonment for three months, shall be of any force or effect, until the same shall have received. His Majesty's approbation.
When Ordinances are
XVI. Provided also, That no Ordinance shall be passed at any meeting of the Council where less than a majority of the whole Council is present, to be passed by a maor at any time except between the first day of January and the first day of May, unless upon some urgent occasion, in which case every Member thereof resident at Quebec or within fifty miles thereof, shall be personally summoned by the Governor, o, in his absence, by the Lieutenant Governor, or Commander in Chief for the time being, to attend the same.
See C. 88, and 15 Geo. 3d, c. 40.
XVII. 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 for the said Province of Quebec, and appointing, from time to time, the Judges and Officers thereof, as His Majesty, His Heirs and Successors, shall think necessary and proper for the circumstances of the said Province.
XVIII. 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.
Certain duties imposed by his nost Christian Majesty upon
CHA P. LXXXVIII.
An Act to establish a Fund towards further defraying the Charges of the Administration of Jus tice, and Support of the Civil Government within the Province of Quebec, in America. HEREAS, certain Duties were imposed by the authority of His Most Christian Majesty, upon Wine, Rum, Brandy, Eau de Vie de Liqueur, Rum, Brandy, &c. im- imported into the Province of Canada, now called the Province of Quebec, and also a duty of three pounds per centum ad valorem, upon all dry goods imported into, and exported from the said Province, which Duties subsisted at the time of the surrender of the said Province to your Majesty's forces in the late war: And whereas, it is expedient that the said Duties should cease and be discontinued; and that in lieu and instead thereof, other Duties should be raised by the authority of Parliament, for making a more adequate provision for defraying the charge of the Administration of Justice, and the Support of the Civil Government in the said Province: We your Majesty's most dutiful and loyal Subjects, the Commons of Great Britain, in Parliament assembled, do 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 Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That from and after the fifth day of April, one thousand seven hundred and seventy five, all the Duties which were imposed upon Rum, Brandy, Eau de Vie de Liqueur, within the said Province, and also of three pounds per centum ad valorem, on dried Goods imported into, or exported from the said Province, ander the authority of His Most Christian Majesty, shall be and are hereby
To be discontinued.