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All acts in

force for ferevenue. &c.

curing the

to extend to this act.

No fee to be taken for oaths.

How penalties are to be re

covered and applied.

Determina

LXXXV. And be it further enacted by the authority aforesaid, That every act of parliament in force on and immediately before the paffing of this act, by which any conditions, rules, regulations, or reftrictions were made, established, or directed for the better fecuring the revenue of cuftoms, or for the regular importation into, or exportation from, Great Britain, or the bringing or carrying coaftwife, or from port to port, within the fame kingdom, or the entering, landing, or fhipping of any goods, wares, or merchandifes whatever, except where any alteration is expressly made by this act, fhall, and they are hereby declared to be and remain in full force and effect, and fhall be applied to the fubject of this act, and for carrying the fame into execution, as fully and effectually as if they had been repeated and re-enacted in this present

act.

LXXXVI. And be it further enacted, That no fee, fhall be taken by the clerk of any juftice of peace, or other perfon before whom any oath, affirmation, or declaration, fhall be taken or made by the directions of this act, on account of such oath, affirmation, or declaration.

LXXXVII. And be it further enacted, That all forfeitures created, and penalties inflicted, by this act for offences committed in England and Scotland refpectively, fhall and may be sued for, profecuted, and recovered, in any of his Majefty's courts of record at Westminster, or in the court of exchequer at Edinburgh respectively, in fuch manner, and by fuch ways, means, and methods, as penaltics inflicted or forfeitures created in England and Scotland refpectively, for any offences against the laws of customs, may now legally be fued for, profecuted, and recovered, and the produce difpofed of in the like manner, and applied to the like ufes and purposes, unless otherwise specially provided for by this act: provided always, That any penalty or forfeiture inflicted by this act on any corn factor, or on any dealer in corn, malt, meal, or flour, for fale as aforefaid, or on any infpector of corn returns, may be fued for and recovered before any two juftices of the peace of the county, riding, divifion, city, or town where fuch corn factor, or dealer in corn, malt, meal, or flour, for fale, or infpector of corn returns fhall refide; and fuch two justices fhall, and they are hereby authorised and required, if, upon due proof and examination of the matter, it fhall appear to them that fuch corn factor, or dealer in corn, malt, meal, or flour, for fale, or inspector of corn returns, is guilty of the offence against this act then alledged against him, to convict him thereof, and, by warrant under their hands and feals, to levy fuch penalty by diftrefs and fale of his goods and chattels, and fuch penalty fhall be applied in manner herein before mentioned.

LXXXVIII. Provided, and it is hereby declared and enacted tion of juftices by the authority aforefaid, That no bill, plaint, or information, to final in fhall be brought or fued forth in any of his Majefty's courts of record at Westminster, for any offence against this ftatute, in cafes where fuch offences are by this act cognizable by juftices of the peace, relating to the fame offences, or any forfeitures or penal

all cries cog.

nizable by

them.

ties for the fame, but that the determination of the juftices of the peace in the county where fuch offence or offences fhall be committed, fhall be final to all intents and purposes whatsoever; any thing herein contained to the contrary thereof notwithstanding.

LXXXIX. And be it further enacted by the authority aforesaid, That if any action or fuit fhall be brought or commenced against any perfon or perfons, for any thing by him, her, or them done by virtue or in pursuance of this act, fuch action or fuit fhall be commenced within three months next after the matter or thing done, and fhall be laid in the proper county; and the defendant or defendants in such action or fuit fhall and may plead the general General issue. iffue, and give this act and the special matter in evidence at any trial to be had thereupon; and if afterwards a verdict fhall pafs for the defendant or defendants, or the plaintiff or plaintiffs fhall difcontinue his, her, or their action or actions, or be nonfuited, or judgement fhall be given against him, her, or them, upon demurrer,

or otherwise, then fuch defendant or defendants fhall have treble Treble cofts. cofts awarded to him her, or them, against fuch plaintiff or plaintiffs.

corn returns to continue to

XC. And be it further enacted, That as foon as the infpectors As foon as inof corn returns, directed by this act to be appointed, fhall be fo fpectors are appointed in each of the counties, ridings, and divifions, and in appointed in England, and each of the cities and towns, being counties of themfelves, and returns made having exempt jurisdiction as aforefaid, of that part of Great Bri- fromScotland, tain called England, and as foon as the fheriff depute in each of the authority the counties, or the fteward depute, or his fubftitute, of the ftew- to make returns under artry of that part of Great Britain called Scotland, fhall refpec- roGeo.3.c 39. tively have made returns to the receiver of corn returns in the to cease. manner herein-before directed, the authority vefted in the perfons appointed to make returns by virtue of the before mentioned act, paffed in the tenth year of his Majefty's reign, fhall cease in every fuch county, riding, divifion, and ftewartry refpectively; and fur- Receiver of ther, that the receiver of corn returns fhall continue once in every week to make up and compute, from the returns made to him, infert in the either by virtue of the faid act paffed in the tenth year of his Ma- Gazette the jefty's reign, or by virtue of this act, the average prices of the fe- weekly aververal forts of corn, and cause an abstract of the fame to be pub age prices of lifhed in the London Gazette in manner herein-before directed, till corn till Nov. the fifteenth day of November one thoufand feven hundred and ninety-one, after which day no return fhall be male to him by virtue of the faid act paffed in the tenth year of his Majefty's reign, and fuch averages fhall from thenceforth be made up and computed, and fuch abftract be published in the London Gazette from returns made by virtue of this act only; and further, that the Duties under duties imposed by this act on the importation of foreign corn, this act on the meal, and flour, and the bounties granted by this act on the ex- importation of portation of British corn, and other articles as aforesaid, fhall com- commence on mence on the fifteenth day of November one thousand feven hur- Nov.15, 1791, dred and ninety-one; and that the duties imposed by former laws &c. on the importation of foreign corn, meal, or flour, and the bounties granted by former laws on the exportation of British corn, or

U 2

any

15, 1791.

corn, &c. to

So much of

30 Geo.3.c.1.

any of the other articles as aforefaid, and all powers granted for the purpose of railing, levying, anfwering, and recovering the fame (fave and except in all cafes relating to the recovering any arrears thereof) fhall ceafe on the faid fifteenth day of November one thousand seven hundred and ninety-one; and that all provifions. made by this act for regulating and governing the importation of foreign corn, meal, or flour, and the duty payable thereon, and the exportation of British cern, and the other articles as aforefaid, and the payment of the bounty thereon, and the carrying the fame coaftwife, fhall commence on the faid fifteenth day of November one thousand seven hundred and ninety-one; and that the regulations made by any former law, contrary to the provifions of this act, for any of the faid purposes, fhall ccafe on the faid fifteenth day of November one thoufand feven hundred and ninety-one; and further, that the feveral provifions made by this act for allowing and regulating the warehoufing of foreign corn, meal, and flour, and the taking the fame out of fuch warehoufes for exportation, or any of the purposes herein-before mentioned, fhall commence on the fifteenth day of November one thousand seven hundred and ninety-one; and that all provifions made in the before mentioned act paffed in the thirteenth year of his Majefty's reign, or in any other law for allowing and regulating the warehoufing of foreign corn, meal, or flour, and taking the fame out of fuch warehouses for exportation, or any of the purpofes therein mentioned, fhall ceafe on the faid fifteenth day of November one thousand seven hundred and ninety-one.

as relates to
the importa-
tion and ex-
portation of
corn and
grain, and
30Geo.3.c.42.

to continue
in force till

XCI. And be it further enacted, That fo much of an act, paffed in the last feffion of parliament, (intituled, An act for indemnifying all perfons who have been concerned in advising or carrying into execution certain orders of council refpeeling the importation and exportation of corn and grain; and alfo certain orders iffued by the governor general of his Majefty's colonies in America; and for preventing fuits in confequence of the fume; and for making further provisions relative thereto), as relates to the importation and exportation of corn and grain; and alfo the whole of another act, pafled in the fame feffion, Nov.15, 1791. (intituled, An act to continue, for a limited time, certain provifions contained in an act, made in this present feffion of parliament, intituled, An act for indemnifying all perfons who have been concerned in advising or carrying into execution, certain orders of council refpecting the importation and exportation of corn and grain; and alfo certain orders iflued by the governor general of his Majefty's colonies in America; and for preventing fuits in confequence of the fame; and for making further provifions relative thereto; relating to the importation and exportation of corn and grain; and to authorife his Majesty to permit the exportation of corn, grain, meal, or flour; and to prohibit the importation thereof on the low duties), fhall continue and be in force until the fifteenth day of November one thousand feven hundred and ninety-one.

Before Nov.

XCII. And be it further enacted by the authority aforefaid, That if at any time or times, before the fifteenth day of November tion of wheat, one thousand seven hundred and ninety-one, any fort of wheat,

15, 1791, if the exporta

wheat

hitherto al

wheat-flour, biscuit, rye, rye-meal, barley, barley-meal, oats, oat- &c. fhould be meal, peafe or beans, fhall be prohibited to be exported from Great prohibited, his Britain by virtue of the faid recited acts, or of any authority council may Majefty in therein given to his Majefty, his heirs and fucceffors, by and with authorise the the advice of his or their privy council, it fhall and may be law- exportation of ful, nevertheless, for his Majefty, his heirs and fucceffors, and he the quantities and they is and are hereby authorised, by and with the advice of lowed, to any his or their privy council, to permit and allow the exportation to place belongany dominion, territory, plantation, colony, ifland, province, fac- ing to his Matory, place, or fishery, to his Majefty, his heirs or fucceffors, be- jefty, &c. longing, of fuch quantities of each and every fuch fort of corn and other articles as aforefaid, as hath at any time been allowed to be exported to fuch or the fame dominion, territory, plantation, colony, ifland, province, factory, place, or fifhery, refpectively to his Majefty belonging, by any act or acts of parliament heretofore made, and of any quantity or quantities of each and every such fort of corn and other articles, as aforefaid, to the island of Newfoundland, and to the British islands in the West Indies, as fhall from time to time be found neceflary and requifite for the use of the fishery of the faid ifland of Newfoundland, and for the food and fuftenance of the inhabitants of the faid iflands refpectively.

lowed under

any act in force.

XCIII. And be it further enacted by the authority aforefaid, and may orThat whenever the exportation of corn, grain, and other articles der the boun made thereof, on which bounties have been heretofore payable, fhall ties to be paid on exportation be fo permitted, and that the prices thereof respectively taken in whenever they the manner directed by an act, paffed in the tenth year of his pre- would be alfent Majefty's reign, (intituled, An act for registering the prices at which corn is fold in the feveral counties of Great Britain, and the quantity exported and imported), fhall not upon an average of the returns made by virtue of the faid act exceed the prices upon which bounties have been heretofore allowed on each fort refpectively, it shall be lawful for his Majefty, by and with the advice of his privy council, to order that the fame bounties be allowed on each fort refpectively, as would be allowed and payable thereon, if fuch corn, grain, or other articles, were exported under the authority of any act or acts of parliament now in force, and fubject to the fame regulations, conditions, and restrictions, and to the fame penalties and forfeitures as are enacted and imposed in and by the faid acts.

XCIV. Provided always, and be it further enacted, That no- Malt made or thing in this act contained fhall extend, or be deemed or con- declared for ftrued to extend, to prohibit the exportation on bounty of fuch exportation on or before June malt as fhall have been made or declared for exportation, on or 10, 1791, may before the tenth day of June one thousand feven hundred and be exported ninety-one, (the price of barley at the time when fuch malt is on certain hereby allowed to be exported, being, in the diftrict from whence conditions, it is to be exported, at or under the price at which barley, by this act, may be exported after the fifteenth day of November, in the year one thousand seven hundred and ninety-one), upon the proprietor or proprietors of fuch malt as aforefaid producing, to the collector or chief officer of the cuftoms at the port where fuch

[blocks in formation]

Preamble.
14 Geo.3.c.83.
recited,

cited act as

malt as aforesaid shall be exported, a certificate or certificates from the officer or officers of excife with whom the entry of the corn intended to be made into fuch malt as aforefaid for exportation fhall have been made, that fuch malt was actually declared or made for exportation, on or before the tenth day of June one thousand seven hundred and ninety-one.

[blocks in formation]

An act to repeal certain parts of an act, poffed in the fourteenth year of his Majesty's reign, intituled, An act for making more effectual provifion for the government of the province of Quebec, in North America; and to make further provision for the government of the faid province.

WH

HEREAS an act was paffed in the fourteenth year of the reign of his prefent Majefly, intituled, An act for making more effectual provifion for the government of the province of Quebec in North America: and whereas the faid att is in many reSpects inapplicable to the prefent condition and circumstances of the Jaid province: and whereas it is expedient and neceffary that further provifion fhould now be made for the good government and profperity thereof may it therefore please your most excellent Majefty that it may be enacted; and be it enacted by the King's moft excellent majefty, by and with the advice and confent of the lords fpiritual and temporal, and commons, in this present So much of re- parliament affembled, and by the authority of the fame, That fo much of the faid act as in any manner relates to the appointrelates to the ment of a council for the affairs of the faid province of Quebec, appointment of a council or to the power given by the faid act to the faid council, or to the for Quebec, or major part of them, to make ordinances for the peace, welfare, its powers, re- and good government of the faid province, with the confent of pealed, his Majesty's governor, lieutenant governor, or commander in chief for the time being, fhall be, and the fame is hereby repealed. II. And whereas his Majefty has been pleafed to fignify, by his meffage to both houfes of parliament, his royal intention to divide his province of Quebec into two feparate provinces, to be called The Province of Upper Canada, and The Province of Lower Canada; be it enacted by the authority aforefaid, That there fhall be within each of the intend- of the faid provinces respectively a legislative council, and an ased provinces fembly, to be feverally compofed and conftituted in the manner a legiflative herein-after defcribed; and that in each of the faid provinces reaffembly to be fpectively his Majefty, his heirs or fucceffors, fhall have power, conftituted, by during the continuance of this act, by and with the advice and whofe advice confent of the legiflative council and affembly of fuch provinces his Majefty refpectively, to make laws for the peace, welfare, and good golaws for the vernment thereof, fuch laws not being repugnant to this act; and government of that all fuch laws, being paffed by the legillative council and afthe province, fembly of either of the faid provinces refpectively, and affented to

Within each

council and

may make

by his Majefty, his heirs or fucceffors, or affented to in his Majefty's name, by fuch perfon as his Majefty, his heirs or fucceffors, Thall from time to time appoint to be the governor, or lieutenant

governor,

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