An Act for granting to Her Majesty certain sums required for defraying certain expenses of the Civil Government for the years one thousand eight hundred and forty-nine, and one thousand eight hundred and fifty. MOST GRACIOUS SOVEREIGN. W1 [10th August, 1850.] Messages of 22 and HEREAS by Messages from His Excellency The Right Honorable JAMES, Preamble. EARL OF ELGIN AND KINCARDINE, Governor General of British North America and Captain General and Governor in Chief in and over this Province of Canada, 31 July, 1850, recited. bearing date respectively the twenty-second and thirty-first days of July in the present year one thousand eight hundred and fifty, and the estimates accompanying the same, it appears that the sums hereinafter mentioned are required to defray certain expenses of the Civil Government for the years one thousand eight hundred and forty-nine and one thousand eight hundred and fifty, not otherwise provided for by law: May it therefore please Your Majesty that it may be enacted, and be it enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, That from and out of any unappropriated money's forming part of the Consolidated Revenue Fund of this Province, there shall and may be paid and applied a sum not exceeding One Hundred and Seventy-three Thousand Four Hundred and Forty-eight Pounds Three Shillings and Ten Pence, Currency, for defraying certain expenses of the Civil Government, for the years one thousand eight hundred and forty-nine and one thousand eight hundred and fifty, not otherwise provided for by law. appropriated for certain expenses of for 1849 and 1850. £173,448 38. 10d. the Civil Government II. And be it enacted, That from and out of the unappropriated moneys, forming £2592 4s. "7d. appropart of the Jesuits' Estate Fund, there shall and may be paid and applied the sum of priated for educational Two Thousand Five Hundred and Ninety-two Pounds Four Shillings and Seven purposes in L. C. out Pence Currency, towards the support of certain Educational Institutions in Lower Canada. III. And be it enacted, That the due application of the moneys hereby appropriated shall be accounted for to Her Majesty, Her Heirs and Successors through the Lords Commissioners of Her Majesty's Treasury for the time being, in such manner and form as Her Majesty, Her Heirs and Successors shall direct. of the Jesuits' Estate Fund. Accounting clause. Accounts to be laid IV. And be it enacted, That a detailed account of the moneys expended under the authority of this Act, shall be laid before the Legislative Assembly of this Province, before the P. Parlia during the first fifteen days of the Session of the Provincial Parliament next after such ment. expenditure. CAP. Preamble: Loan not exceeding £187,573 149. 3d. for Public Works. Debentures may be issued. Loan not exceeding Debentures may be issued. Accounts to be laid CAP. II. An Act for raising on the credit of the funds therein mentioned, certain sums required for the Public Service. WHE [10th August, 1850.] HEREAS it is expedient to authorize the raising of certain sums by loan for the purposes and on the credit of the funds hereinafter mentioned: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, That it shall be lawful for the Governor in Council to authorize the raising by way of loan, on the credit of the Consolidated Revenue Fund of this Province, of a sum not exceeding One Hundred and Eighty-seven Thousand Five Hundred and Seventy-three Pounds, Fourteen Shillings and Three Pence Currency, to be applied to the purpose of meeting certain contingencies of the public service connected with the Public Works. II. And be it enacted, That for the purpose of raising such sum as aforesaid, it shall be lawful for the Governor in Council to authorize the issuing of Debentures to an amount not exceeding in the whole the sum last aforesaid, in such form, for such separate sums, at such rate of interest not exceeding six per centum per annum, and to make the principal and interest thereon payable at such periods and at such places as to Him shall seem most expedient, the said principal and interest being hereby made chargeable upon the Consolidated Revenue Fund of this Province. III. And be it enacted, That it shall be lawful for the Governor in Council, to authorize the raising by way of loan on the credit of the Upper Canada Building Fund, that is to say, the fund to arise from the proceeds of the rate or tax imposed by the Act passed in the present session to provide funds for defraying the cost of the erection of the Lunatic Asylum, and other Public Buildings in Upper Canada, of a sum not exceeding Thirty 'Thousand Pounds Currency, to be applied to the purpose of defraying certain expenses connected with the Lunatic Asylum at Toronto, and with the intended building for the Normal School of Upper Canada. IV. And be it enacted, That for the purpose of raising the sum last aforesaid, it shall be lawful for the Governor in Council to authorize the issuing of Debentures to an amount not exceeding in the whole the sum last aforesaid, in such form, for such separate sums, and at such rate of interest not exceeding six per centum per annum, and to make the principal and interest thereon payable at such periods and at such places as to Him shall appear most expedient, the said principal and interest being hereby made chargeable upon the said Upper Canada Building Fund. V. And be it enacted, That accounts in detail of all moneys received and paid under before P. Parliament. this Act and of the Debentures issued, and the interest thereon, and of the redemption of the whole or any part of such Debentures, and of all expenses attending the collection and payment of the sums of money collected, received, or paid by authority of this Act, shall be laid before the Legislature of this Province at each Session thereof. Accounts to Her VI. And be it enacted, That the due application of the moneys so to be raised shall be accounted to Her Majesty, Her Heirs and Successors, through the Lords Commissioners of Her Majesty's Treasury, in such manner and form as Her Majesty, Her Heirs and Successors shall be graciously pleased to direct. САР. CAP. III. An Act to facilitate Reciprocal Free Trade between this Province and the other British WHE [24th July, 1850.] Preamble. HEREAS it is expedient to make provision for the establishment of Reciprocal Free Trade between this Province and the other British North American Provinces or Possessions: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, That it shall be lawful for the Governor in Council from time to time to declare that any article whatever, when of the growth, produce or manufacture of the British North American Provinces or Possessions of Nova Scotia, New Brunswick, Prince Edward's Island and Newfoundland, or of any one or more of them, is or is not admissible into this Province free from duty, and under what circumstances, conditions and regulations: Provided always, that nothing herein contained shall have the effect of rendering any such article liable to duty in Proviso. any case where without this Act it would be free from duty. CAP. IV. An Act to encourage Emigrants from Europe to the United States to use the St. WE [24th July, 1850.] Provinces may be admitted free under Produce of B. N. A. order in Council. Part of the tax on any Emigrant coming to the United States, may be paid back on through this Province certain conditions. HEREAS it is expedient to encourage the use of the St. Lawrence route by Emigrants from Europe to the United States: Be it therefore enacted by the Preamble. Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, That it shall be lawful for the Governor to instruct the Collector of the Customs at any Port or Ports on or near the frontier between this Province and the United States, to pay back to such person as shall be designated in a Certificate from the Emigrant Agent at the Port at which the Duty shall have been paid, as the proper person to receive such payment, a sum equal to one half of the Duty paid upon any Emigrant arriving in the Province after the first day of May, provided such Certificate shall also shew that such Emigrant came into this Province with the declared intention of passing directly through it to the United States, and provided the Collector shall be satisfied by the Certificate of the same or of some other Emigrant Agent, that such Emigrant hath not been (or if he be the head of a family, that no one of such family hath been) chargeable upon the Province since his arrival therein, and shall also be satisfied by his own knowledge and inquiry, that such Emigrant hath come directly, and with all reasonable despatch, from the place where the Duty was paid to such frontier Port, and hath there paid for a passage by and embarked (with his baggage and family if any) on board of some Vessel or Boat bound for and immediately about to depart to a port or place in the United States: Provided also, that such Collector shall obey and be bound by any further instructions he may receive in this behalf from the Governor, and that such Proviso, instructions may extend to the employment of a proper officer or person to accompany any such Emigrants to the United States, and there to pay the sum to be returned as aforesaid. Preamble. 12 Vic. cap. 1. Unenumerated articles may be admitted at 21 per cent. duty. Articles imported for certain purposes II. And be it enacted, That if any person shall by any false pretence, obtain any sum of money under this Act without being legally entitled thereto, he shall for such offence incur a penalty not exceeding ten pounds, to be recovered with costs, on the oath of one credible witness other than the prosecutor, before any Justice of the Peace, and to belong to the prosecutor and be levied by distress and sale of the goods and chattels of the offender under Warrant of such Justice; or the offender may be committed to prison for a time not exceeding three months, unless such penalty be sooner paid. III. And be it enacted, That the instructions of the Governor under this Act may be communicated to any Collector, in like manner as instructions with regard to the remission of any other duty, or to any other matter relative to the collection and management of Provincial Revenue: that the word "Emigrant" shall in this Act have the meaning assigned to the word "Passenger" or "Emigrant" in the Act passed in the twelfth year of Her Majesty's Reign, and intituled, An Act to repeal certain Acts therein mentioned, and to make further provision respecting Emigrants, and the word Duty" shall mean the rate or duty payable under the said Act; that any sum hereby authorized to be paid back may be so paid out of any public moneys in the hands of the Collector or out of public moneys to be advanced to him for the purpose; that no such repayment shall cancel or affect any Bond given under the said Act, by the Master of any Vessel with regard to any Emigrant; and that the proper person to receive back such portion as aforesaid of the said duty, shall be the Owner, Charterer, Consignee or Master of the vessel by the Master whereof such duty shall have been payable, or other party who would eventually bear the said duty if not paid back as aforesaid, and not the Emigrant himself, unless he shall have paid such duty separately and apart from his passage money, and shall have then expressly covenanted for the right to receive such repayment. WHE CAP. V. An Act to amend the Act imposing Duties of Customs. [10th August, 1850.] HEREAS it is expedient to make the following amendments to the Act passed in the twelfth year of Her Majesty's Reign, and intituled, An Act to amend the Law relative to Duties of Customs: Be it therefore enacted by the Queen's Most Excellency Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, That it shall be lawful for the Governor in Council, from time to time, to order any article not enumerated in the Schedule to the Act cited in the Preamble to this Act, and thereby made subject to a duty of twelve and a half per centum, ad valorem, to be placed among the articles subjected to a duty of two and a half per centum, ad valorem, which last mentioned duty, and no other, shall be payable on such article so long as such order shall be in force. II. And be it enacted, That for and notwithstanding any thing in the said Act, no exempted from duty. duty shall be payable on Military Clothing imported into this Province for the use of Her Majesty's Troops, nor upon Wines so imported for the use of any Officers' Mess, nor upon Salt imported into the District of Gaspé for the use of the Fisheries in that District, provided such Regulations as the Governor in Council shall make for the purpose of preventing fraud or abuse under pretext of such exemption from duty, be duly complied with, and not otherwise. САР. |