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Legislative Council of the same, to be appointed in the Manner hereinafter mentioned.

IX. Provided always, That nothing in this Act contained shall extend, Not to extend or be construted to extend, to any Lands that have been granted by His the Lands Majesty, or shall hereafter be granted by His Majesty, His Heirs and granted by His Majesty Successors, to be holden in free and common Soccage. in common

Goods may

X. Provided always, That it shall and may be lawful to and for Soccage. 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, Owners of in his or her Life-time by Deed of Sale, Gift, or otherwise, to devise or alienate the bequeath the same at his or her Death, by his or her last Will and Testasame by Will, ment; any Law, Usage, or Custom, heretofore or now prevailing in the etc., if executProvince, to the Contrary hereof in any-wise notwithstanding; such Willed according being executed, either according to the Laws of Canada, or according to of Canada. the Forms prescribed by the Laws of England.

to the Laws

XI. And whereas the Certainty and Lenity of the Criminal Law of Criminal Law England, and the Benefits and Advantages resulting from the use of it, of England to have been sensibly felt by the Inhabitants, from an Experience of more be continued than Nine Years, during which it has been uniformly administered; be it in the Province. 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 Prosecution 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 and 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 herein-after directed. XII. And whereas it may be necessary to ordain many Regulations for. His Majesty the future Welfare and good Government of the Province of Quebec, the may appoint a Occasions of which cannot now be foreseen, nor, without much Delay and Council for Inconvenience, be provided for, without intrusting that Authority, for a the Affairs certain Time, and under proper Restrictions, to Persons resident there: Province. 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 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, Which CounSuccessors, shall be pleased to appoint; and, upon the Death, Removal, or cil may make Absence of any of the Members of the said Council, in like Manner to Ordinances constitute and appoint such and so many other Person or Persons as shall with the Conbe necessary to supply the Vacancy or Vacancies; which Council, so ap-sent of the pointed 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 the Commander in Chief for the Time Being.

of the

Governor.

XIII. Provided always, That nothing in this Act contained shall The Council extend to authorize or impower the said Legislative Council to lay any are not imTaxes or Duties within the said Province, such Rates and Taxes only ex-lay Taxes, powered to cepted as the Inhabitants of any Town or District within the said Province Publick Roads may be authorized by the said Council to assess, levy, and apply, within the or Buildings said Town or District, for the Purpose of making Roads, erecting and excepted. repairing publick Buildings, or for any other Purpose respecting the local Convenience and Economy of such Town or District.1

1 For the method of raising provincial revenue, see Nos. XXVI, XXVIII.

Ordinances made to be laid before

His Majesty for His Approbation.

Ordinances touching Religion not to be in Force without His Majesty's Approbation.

When Ordinances are to be

passed by a Majority.

Nothing to hinder His Majesty to constitute Courts of Criminal, Civil and

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.

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, or 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, or, in his Absence, by the Lieutenant Governor, or Commander in Chief for the Time being, to attend the

same.

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 Ecclesiastical Jurisdiction within and for the said Province of Quebec, and appointing, Jurisdiction. 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.

All Acts

are hereby inforced within the Province.

XVIII. Provided always, and it is hereby enacted, That nothing in formerly made 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 or Plantations, shall be, and are hereby declared to be, in Force, within the said Province of Quebec, and every Part thereof.

Preamble.

XXVI

THE QUEBEC REVENUE ACT, 1774

(14 George III, c. 88.)

An Act to establish a fund towards further defraying the charges of the Administration of Justice, and support of the Civil Government within the Province of Quebec in America.

Whereas certain duties were imposed by the authority of his Most Christian Majesty upon wine, rum, brandy, eau de vie de liqueur, 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 Certain duties into and exported from the said Province, which duties subsisted at the imposed by his most Christian time of the surrender of the said Province to your Majesty's forces in the Majesty upon late war: And whereas it is expedient that the said duties should cease rum, brandy and be discontinued, and that in lieu and instead thereof other duties should etc., imported into Quebec. 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 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

1775, to be

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 After April 5, and seventy-five, all the duties which were imposed upon rum, brandy, discontinued eau de vie de liqueur, within the said Province, and also of three pounds within the per centum ad valorem on dried goods imported into or exported from the Province, said Province, under the authority of his most Christian Majesty, shall be and are hereby discontinued; and that in lieu and instead thereof there shali from and after after the said fifth day of April, one thousand seven hun- and instead of dred and seventy-five be raised, levied, collected, and paid unto his Majesty, Ylowing duties his heirs and successors, for and upon the respective goods hereinafter to be paid to mentioned, which shall be imported or brought into any part of the said His Majesty. Province, over and above all other duties now payable in the said Province, by any Act or Acts of Parliament, the several rates and duties following:

that is to say,

which the fol

For every gallon of brandy, or other spirits, of the manufacture of The rates. Great Britain, three-pence.

For every gallon of rum, or other spirits, which shall be imported or brought from any of his Majesty's sugar colonies in the West Indies, sixpence.

For every gallon of rum, or other spirits which shall be imported or brought from any other of his Majesty's colonies or dominions in America, nine-pence.

For every gallon of foreign brandy, or other spirits of foreign manufacture imported or brought from Great Britain, one shilling.

For every gallon of rum or spirits of the produce or manufacture of any of the Colonies or Plantations in America, not in the possession or under the dominion of his Majesty, imported from any other place except Great Britain, one shilling.

For every gallon of molasses and syrups which shall be imported or brought into the said Province in ships or vessels belonging to his Majesty's subjects in Great Britain or Ireland, or to his Majesty's subjects in the said Province, three-pence.

For every gallon of molasses and syrups, which shall be imported or brought into the said Province in any other ships or vessels in which the same may be legally imported, six-pence; and after those rates for any greater or less quantity of such goods respectively.

etc.,

II. And it is hereby further enacted by the authority aforesaid, that Rates deemed sterling money the said rates and duties charged by this Act shall be deemed, and are of Great hereby declared, to be sterling money of Great Britain, and shall be col-Britain. lected, recovered, and paid to the amount of the value of which such nominal sums bear in Great Britain; and that such monies may be received and taken according to the proportion and value of five shillings and sixpence the ounce in silver; and that the said duties hereinbefore granted shall be raised, levied, collected, paid, and recovered, in the same manner How they are and form, and by such rules, ways, and means, and under such penalties to be levied, and forfeitures, except in such cases where any alteration is made by this Act, as any other duties payable to his Majesty upon goods imported into any British Colony or Plantation in America are or shall be raised, levied, collected, paid, and recovered, by any Act or Acts of Parliament, as fully and effectually, to all intents and purposes, as if the several clauses, powers directions, penalties, and forfeitures relating thereto, were particularly repeated and again enacted in the body of this present Act: and that all the monies that shall arise by the said duties (except the necessary charges to whom they are to be paid, of raising, collecting, levying, recovering, answering, paying, and accounting for the same), shall be paid by the Collector of his Majesty's Customs, into the hands of his Majesty's Receiver-General in the said Province for the time being, and shall be applied in the first place in making a more certain and adequate provision towards defraying the expences of the and how to administration of justice and of the support of Civil Government in the be applied. said Province; and that the Lord High Treasurer, or Commissioners of his Majesty's Treasury, or any three or more of them for the time being,

Regluations with respect to goods

brought into the Province chargeable

with the

mentioned.

shall be, and is, or are hereby impowered, from time to time, by any warrant or warrants under his or their hand or hands, to cause such money to be applied out of the said produce of the said duties, towards defraying the said expences; and that the residue of the said duties shall remain and be reserved in the hands of the said Receiver-General, for the future disposition of Parliament.

III. And it is hereby further enacted by the authority aforesaid that if any goods chargeable with any of the said duties herein-before mentioned shall be brought into the said Province by land carriage, the same shall pass and be carried through the port of St. John's, near the River Sorrel; or if such goods shall be brought into the said Province by any inland duties before navigation other than upon the River St. Lawrence, the same shall pass and be carried upon the said River Sorrel by the said port, and shall be there entered with, and the said respective rates and duties paid for the same, to such officer or officers of his Majesty's Customs as shall be there appointed for that purpose; and if any such goods coming by land carriage or inland navigation, as aforesaid, shall pass by or beyond the said place before named, without entry or payment of the said rates and duties, or shall be brought into any part of the said Province by or through any other place whatsoever, the said goods shall be forfeited; and every person who shall be assisting, or otherwise concerned in the bringing or removing such goods, or to whose hands the same shall come, knowing that they were brought or removed contrary to this Act, shall forfeit treble the value of such goods, to be estimated and computed according to the best price that each respective commodity bears in the Town of Quebec, at the time such offence shall be committed; and all the horses, cattle, boats, vessels, and other carriages whatsoever, made use of in the removal, carriage, or conveyance of such goods, shall also be forfeited and lost, and shall and may be seized by any officer of his Majesty's Customs, and prosecuted as hereinafter mentioned.

Penalties and forfeitures when to be prosecuted for, etc.

Any person keeping a house of

publick enter tainment to pay £1 168. for a license.

Penalty of

£10 for every

offence.

Not to make void French

revenues, etc.,

reserved at

IV. And it is hereby further enacted by the authority aforesaid, that the said penalties and forfeitures by this Act inflicted, shall be sued for and prosecuted in any Court of Admiralty, or Vice-Admiralty, having jurisdiction within the said Province, and the same shall and may be recovered and divided in the same manner and form, and by the same rules and regulations in all respects as other penalties and forfeitures for offences against the laws relating to the customs and trade of his Majesty's Colonies in America shall or may, by any Act or Acts of Parliament be sued for, prosecuted, recovered, and divided.

V. And be it further enacted by the authority aforesaid, that there shall from and after the fifty day of April, one thousand seven hundred and seventy-five, be raised, levied, collected and paid unto his Majesty's Receiver-General of the said Province for the use of his Majesty, his heirs and successors, a duty of one pound sixteen shillings, sterling money of Great Britain, for every licence that shall be granted by the Governor, Lieutenant-Governor, or Commander in Chief of the said Province to any person or persons for keeping a house or any other place of publick entertainment, or for the retailing wine, brandy, rum, or any other spirituous liquors within the said Province; and any person keeping any such house or place of entertainment, or retailing any such liquors without such licence shall forfeit and pay the sum of ten pounds for every such offence, upon conviction thereof; one moiety to such person as shall inform or prosecute for the same, and the other moiety shall be paid into the hands of the Receiver-General of the Province for the use of his Majesty.

VI. Provided always that nothing herein contained shall extend or be construed to extend to discontinue, determine, or make void any part of the territorial or casual revenues, fines, rents, or profits whatsoever, the conquest. which were reserved to, and belonged to his Most Christian Majesty, before and at the time of the conquest and surrender thereof to his Majesty, the King of Great Britain; but that the same and every one of them, shall remain and be continued to be levied, collected, and paid in the

same manner as if this Act had never been made: anything therein contained to the contrary notwithstanding.

suant to this

VII. And be it further enacted by the authority aforesaid, that if In suits any action or suit shall be commenced against any person or persons for brougth pur anything done in pursuance of this Act, and if it shall appear to the Court Act, defendor Judge where or before whom the same shall be tried, that such action ants to have or suit is brought for anything that was done in pursuance of, and by the treble costs. authority of this Act, the defendant or defendants shall be indemnified and acquitted for the same; and if such defendant or defendants shall be so acquitted; or if the plaintiff shall discontinue such action or suit, such Court or judge shall award to the defendant or defendants treble costs.

XXVII

ADDRESS OF THE GENERAL CONGRESS TO THE INHABIT-
ANTS OF THE PROVINCE OF QUEBEC'

Friends and Fellow-Subjects,

October 26th, 1774.

We, the delegates of the colonies of New-Hamshire, Massachusetts Bay, Rhode Island, and Providence Plantations, Connecticut, New York, New-Jersey, Pennsylvania, the counties of Newcastle, Kent and Sussex on the Delaware, Maryland, Virginia, North-Carolina, and South-Carolina, deputed by the inhabitants of the said Colonies, to represent them in a general congress at Philadelphia, in the province of Pennsylvania, to consult together of the best methods to obtain redress of our afflicting grievances, having accordingly assembled, and taken into our most serious consideration the state of public affairs on this continent, have thought proper to address your province, as a member therein deeply interested.

When the fortune of war, after a gallant and glorious resistance, had incorporated you with the body of English subjects, we rejoiced in the truly valuable addition, both on our own and your account; expecting, as courage and generosity are naturally united, our brave enemies would become our hearty friends, and that the Divine Being would bless to you the dispensations of his over-ruling Providence, by securing to you and your posterity the inestimable advantages of a free English constitution of government, which it is the privilege of all English subjects to enjoy.

These hopes were confirmed by the King's proclamation, issued in the year 1763, plighting the public faith for your full enjoyment of those advantages.

Little did we imagine that any succeeding ministers would so audaciously and cruelly abuse the royal authority, as to withhold from you the fruition of the irrevocable rights, to which you were thus justly entitled.

But since we have lived to see the unexpected time, when ministers of this flagitious temper have dared to violate the most sacred compacts and obligations, and as you, educated under another form of government, have artfully been kept from discovering the unspeakable worth of that form you are now undoubtedly entitled to, we esteem it our duty, for the weighty reasons hereinafter mentioned, to explain to you some of its most important branches.

'In every human society, (says the celebrated Marquis Beccaria) there is an effort continually tending to confer on one part the height of power and happiness, and to reduce the other to the extreme of weakness and misery. The intent of good laws is to oppose this effort, and to diffuse their influence universally and equally.'

Rules stimulated by this pernicious 'effort', and subjects, animated by the just 'intent of opposing good laws against it,' have occasioned that vast variety of events, that fill the histories of so many nations. All these

This document illustrates the attempt by the American Colonies to induce Canada to take part in the Continental Congress of 1775. See J. H. Smith, Our Struggle for the Fourteenth Colony.

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