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SESSIONAL PAPER No. 18

Such fresh
Grants, not

to bar any
Right or

Lands.

of His Majesty, His Heirs or Successors, by Petition to the Governor or Lieutenant Governor, or Person administering the Government of the said Province, setting forth that he, she, or they is or are desirous of holding the same in Free and Common Soccage, such Governor or Lieutenant Governor, or Person administering the Government, shall thereupon cause a fresh Grant to be made to such Person or Persons of such Lands, to be holden in Free and Common Soccage.

XLV. Provided nevertheless, and be it further enacted by the Authority aforesaid, That such Surrender and Grant shall Title to the not avoid or bar any Right or Title to any such Lands so surrendered, or any Interest in the same, to which any Person or Persons surrendering the same, shall have been entitled, either in Possession, Remainder, or Reversion, or otherwise, at the Time of such Surrender; but that every such Surrender and Grant shall be made subject to every such Right, Title, and Interest, and that every such Right, Title, or Interest shall be as valid and effectual as if such Surrender and Grant had never been made.

18 Geo. III, Cap. 12, recited.

XLVI. And whereas by an Act passed in the Eighteenth Year of the Reign of His present Majesty, intituled, An Act for removing all Doubts and Apprehensions concerning Taxation by the Parliament of Great Britain, in any of the Colonies, Provinces, and Plantations in North America, and the West Indies; and for repealing so much of an Act, made in the Seventh Year of the Reign of His present Majesty, as imposes a Duty on Tea imported from Great Britain into any Colony or Plantation in America, or relates thereto it has been declared, "That the King "and Parliament of Great Britain will not impose any Duty, Tax, "or Assessment whatever, payable in any of His Majesty's "Colonies, Provinces, and Plantations in North America or the "West Indies, except only such Duties as it may be expedient "to impose for the Regulation of Commerce, the Net Produce "of such Duties to be always paid and applied to and for the "Use of the Colony, Province, or Plantation in which the same "shall be respectively levied, in such Manner as other Duties "collected by the Authority of the respective General Courts or "General Assemblies of such Colonies, Provinces, or Plantations "are ordinarily paid and applied :" And whereas it is necessary, for the general Benefit of the British Empire, that such Power of Regulation of Commerce should continue to be exercised by His Majesty, His Heirs or Successors, and the Parliament of Great Britain, subject nevertheless to the Condition hereinbefore recited, with respect to the Application of any Duties I See Statutes at Large, vol. 32, p. 4.

to prevent

the Operation of any

Act of Par

6-7 EDWARD VII., A. 1907

This Act not which may be imposed for that Purpose: Be it therefore enacted by the Authority aforesaid, That nothing in this Act contained shall extend, or be construed to extend, to prevent or affect the liament, Execution of any Law which hath been or shall at any Time be establishing Prohibitions made by His Majesty, His Heirs or Successors, and the Parliaor imposing Duties for thement of Great Britain, for establishing Regulations of ProhibitRegulation of Navigationions, or for imposing, levying, or collecting Duties for the Regul

and Commerce, etc.

Such Duties to be applied

the respect

ation of Navigation, or for the Regulation of the Commerce to be carried on between the said Two Provinces, or between either of the said Provinces and any other Part of His Majesty's Dominions, or between either of the said Provinces and any Foreign Country or State, or for appointing and directing the Payment of Drawbacks of such Duties so imposed, or to give to His Majesty, His Heirs or Successors, any Power or Authority, by and with the Advice and Consent of such Legislative Councils and Assemblies respectively, to vary or repeal any such Law or Laws, or any Part thereof, or in any Manner to prevent or obstruct the Execution thereof.

XLVII. Provided always, and be it enacted by the Authorto the Use of ity aforesaid, That the Net Produce of all Duties which shall be ive Provinces.so imposed shall at all Times hereafter be applied to and for the Use of each of the said Provinces respectively, and in such Manner only as shall be directed by any Law or Laws which may be made by His Majesty, His Heirs or Successors, by and with the Advice and Consent of the Legislative Council and Assembly of such Province.

His Majesty in Council to

fix and declare the

ment of this Act, &c.

XLVIII. And whereas, by Reason of the Distance of the said Provinces from this Country, and of the Change to be made Commence by this Act in the Government thereof, it may be necessary that there should be some Interval of Time between the Notification of this Act to the said Provinces respectively, and the Day of its Commencement within the said Provinces respectively Be it therefore enacted by the Authority aforesaid, That it shall and may be lawful for His Majesty, with the Advice of His Privy Council, to fix and declare, or to authorize the Governor or Lieutenant Governor of the Province of Quebec, or the Person administering the Government there, to fix and declare the Day of the Commencement of this Act within the said Provinces respectively, provided that such Day shall not be later than the Thirty-first Day of December in the Year of our Lord One thousand seven hundred and ninety-one.

Time for

issuing the Writs of

XLIX. And be it further enacted by the Authority aforesaid, That the Time to be fixed by His Majesty, His Heirs or and Election, Successors, or under his or their Authority, by the Governor,

Summons

SESSIONAL PAPER No. 18

later than

&c. not to be Lieutenant Governor, or Person administering the Government Dec. 31, 1792.in each of the said Provinces respectively, for issuing the Writs of Summons and Elections, and calling together the Legislative Councils and Assemblies of each of the said Provinces respectively, shall not be later than the Thirty-first Day of December in the Year of our Lord One thousand seven hundred and ninetytwo.

Between the
Commence-

Act, and the

Legislative

L. Provided always, and be it further enacted by the ment of this Authority aforesaid, That during such Interval as may happen First Meet- between the Commencement of this Act, within the said Proing of the vinces respectively, and the First Meeting of the Legislative Council and Council and Assembly of each of the said Provinces respectively, Assembly temporary it shall and may be lawful for the Governor or Lieutenant Laws may be made. Governor of such Province, or for the Person administering the Government therein, with the Consent of the major Part of such Executive Council as shall be appointed by His Majesty for the Affairs of such Province, to make temporary Laws and Ordinances for the good Government, Peace, and Welfare of such Province, in the same Manner, and under the same Restrictions, as such Laws or Ordinances might have been made by the Council for the Affairs of the Province of Quebec, constituted by virtue of the above-mentioned Act of the Fourteenth Year of the Reign of His present Majesty ; and that such temporary Laws or Ordinances shall be valid and binding within such Province, until the Expiration of Six Months after the Legislative Council and Assembly of such Province shall have been first assembled by virtue of and under the Authority of this Act; subject nevertheless to be sooner repealed or varied by any Law or Laws which may be made by His Majesty, His Heirs or Successors, by and with the Advice and Consent of the said Legislative Council and Assembly.

FINIS.

Abercrombie, Major, 7.

INDEX

Abstract of Regulations. See Regulations.
Acadia ceded to Great Britain by Treaty of
of Paris, 99, 115.

Acadians, demand that they enjoy privileges as
Canadians till fate of country is settled, 19,

33.

Adams, John, signs Treaty of Paris, 1783, 730.
Address of Roman Catholic citizens to the King,
762, 765.

Adhemar, M., his mission to Paris, 794.
Administration of Justice. See Justice.
Admiralty, Court of, composition and duties of,
51; referred to. 64; maritime affairs governed
by English Court, 343; English laws sug-
gested by Maseres, 533; instructions to
Carleton re, 610, 833.

Advocates, Canadian, permitted to practise in

Courts of Common Pleas, 207, 330 (see p.
382); Roman Catholics not allowed to
practise under British law, 214 (see pp. 217,
221); Canadian ordinance permitting them
to practise their profession, 249 (see p. 252);
notaries may practise as, 471; amendments
to Quebec Act stipulating that advocates
may be suspended or removed only by judges
of the courts in which they practise, 771.

Economats (Economats), Church revenue from
the, 67.

Age of Maturity, Ordinance defining, 229.
Agriculture, referred to, 74; regulations sug-

gested by Carleton in favour of, note 2 p. 811;
committee of council appointed to report on,
871; report of committee of council on, 937;
committee of council suggest the revival of
the old laws and usages of the province, 938.

Ainslie, Mr., entrusted by Murray with manage-
ment of King's ports, 65.

Aitkin, John, member of committee at Quebec,
587.

Allen, Ethan, in command of the party at St.
Johns, 664; his negotiations between Gover-
nor Haldimand and a section of the people
of Vermont relative to annexation to Canada,
note 2 p. 735.

Allen, Levi, makes application on behalf of the
State of Vermont for commercial intercourse
with the Province of Quebec, 901.

Allier, Jacques, appointed judge for Berthier by
Murray, 36, 37.

Allowances. See Salaries and allowances.
Allsopp, Geo., references to. 416, 494, 697, 709,
713, 716, 717, 718, 719, 738, 795.

Allsopp, George, his opinion concerning altera-
tions to be made in the courts of civil judi-
cature, 709; suspended from the legislative
council, note 3, p. 738.

Almshouse, suggestion that one be provided in
city of Quebec, 926.

American Revolution, discussion of causes, 983.
Amherst, Sir Jeffrey, references to, 7, 24, 25, 36,
38, 40, 41, 47, 96, 210, 505, 509.
Amherst, Sir Jeffrey, extract from his despatch
to Pitt re capitulation of Montreal, 7; signs
articles of capitulation of Montreal, 24, 36;
establishes provisional military government
with summary courts of justice, 38, 40;
extracts of letters to Pitt re military and civil
administration, note p. 38; petitions for the
estates of the Jesuits, note 1, p. 857.

Amiott, grand juror at Quebec, 214, 216.
Anticosti, placed under protection of Governor
of Newfoundland, 164. See also p. 571.
Appeals, to be made to military council, 43, 45;
made to Conseil Supérieur under French
administration, 51; granted in civil cases to
inhabitants of Quebec, 165, 340; regulations
concerning civil cases, 188; allowed from
Superior Court to Governor in Council,
where amount involved is over £300, and
from there to King in Council where it is
£500 or over, 206, 329; allowed to Superior
Court from Common Pleas where amount
is £20 or upwards, 206; to Governor in
Council when above £300, and to King in
Council when value is £500 or upwards,
206, 330; from decisions of justices of the
peace, 207, 331; recommendation of grand
jury re appeals from military to civil courts,
213 (see pp. 217, 221), permitted from
Courts of Common Law to Governor in
Council and to Privy Council, 307-8;
Governor in Council and to the Privy Coun-
cil, suggested by Maseres, 360; suggestions
as to the nature of, 361; suggestions by
Mariott concerning, 467, 469; regulated by
Ordinance of 1777, 680-1; rules of procedure
established by Ordinance of 1777 concerning,
684; regulations to limit number of, 706;
objection to the proposal to carry the appeals
to England, 757, 761; regulations for ap-
peals from judgments in Common Pleas.
787; limitation of, 788; not to be allowed in
proposed courts of request, note 2, p. 850;
regulations proposed re judges of court of,
851; not allowed in matters under amount
of £10,860; concerning a bill "to secure the
Royal Revenues and to regulate the Pro-
ceedings in Crown causes, and to give the
subject the benefit of Appeal from large
fines," note 1, p. 867; alterations suggested
in commercial causes. 916; suggestion to es-
tablish laws re, 930. See also Court of
Appeals.

to

Appeals to Privy Council, execution of judgment
suspended, in case of, 308; allowed in cases
of fines for misdemeanors, 308.

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