and Countries,

of the Lords Spiritual and Temporal, and Commons, in this present Parlia- The Terriment assembled, and by the Authority of the same, that all the Territories, tories, Islands, Islands, and Countries in North America, belonging to the Crown of Great in North Britain, bounded on the South by a Line from the Bay of Chaleurs, along America, bethe High Lands which divide the Rivers that empty themselves into the longing to Great Britain. Kiver Saint Lawrence from those which fall into the Sea, to a Point in Forty-five Degrees of Northern Latitude on the Eastern Bank of the River Connecticutt, keeping the same Latitude directly West through the Lake Champlain until, in the same Latitude, it meets the River Saint Lawrence; from thence up the Eastern Bank of the said River to the Lake Ontario; thence through the Lake Ontario, and the River commonly called Niagara; and thence along by the Eastern and South-eastern Bank of Lake Erie, following the said Bank until the same shall be intersected by the Northern Boundary granted by the Charter of the Province of Pennsylvania, in case the same shall be so intersected; and from thence along the said Northern and Western Boundaries of the said Province until the said Western Boundary strike the Ohio: But in case 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 Angie of the said Province of Pennsylvania, 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 River 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. Annexed to which have, since the Tenth of February, One thousand seven hundred and the Province of Quebec. xty-three, been made part of the Government of Newfoundland-be, and they are hereby, during His Majesty's Pleasure, annexed to, and made Fart 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.

II. Provided always, That nothing herein contained, relative to the Not to affect Boundary of the Province of Quebec, shall in anywise affect the Boundaries the Boundof any other Colony.

aries 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 Nor to make or alter any Right, Title, or Possession, derived under any grant, Convey-void other ance, or otherwise howsoever, of or to any Lands within the said Province, rights formeror the Provinces thereto adjoining; but that the same shall remain, and bely granted. Force, and have Effect, as if this Act had never been made.

visions 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 Former proFowers and Authorities given to the Governor and other Civil Officers of the the said Province, by the Grants and Commissions issued in consequence Province to be thereof, have been found, upon Experience to be inapplicable to the State null and void and Circumstances of the said Province, the Inhabitants whereof amounted, 175 after May 1, 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 of the said Province of Canada; be it therefore furher enacted by the Authority aforesaid, That the said Proclamation, so far as the same relates to the said Province of Quebec, and the Commission der the Authority whereof the Government of the said Province is at present administered, and all and every the Ordinance and Ordinances made the Governor and Council of Quebec for the Time being, relative to the Civil Government and Administration of Justice in the said Province, and Commissions to Judges and other Officers thereof, be, and the same are pereby revoked, annulled, and made void, from and after the First Day of May, One thousand seven hundred and seventy-five.

Inhabitants of V. And, for the more perfect Security and Ease of the Minds of the Quebec may Inhabitants of the said Province, it is hereby declared, That His Majesty's profess the Romish Reli Subjects, professing the Religion of the Church of Rome, of and in the gion, subject said Province of Quebec, may have, hold, and enjoy, the free Exercise of to the King's Supremacy, as the Religion of the Church of Rome, subject to the King's Supremacy, by Act I. Eliz.; declared and established by an Act, made in the First Year of the Reign and the Clergy of Queen Elizabeth, over all the Dominions and Countries which then did, enjoy their accustomed

Dues.

Provision may

be made by His Majesty for the Support of the Protestant Clergy.

No Person professing the Romish Religion obliged to take the Oath of I.

Eliz.; but to

or thereafter should, belong to the Imperial Crown of this Realm; and that the Clergy of the said Church may hold, receive, and enjoy, their accustomed Dues and Rights, with respect to such Persons only as shall profess the said Religion.

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 obliged to take the Oath required by the said Statute passed in the First Year of the Reign of Queen Elizabeth, or any other Oaths substituted by any other Act in the Place thereof; but that every such Person, who by take before the the said Statute is required to take the Oath therein mentioned, shall be Governor, etc., obliged, and is hereby required, to take and subscribe the following Oath the following before the Governor, or such other Person, in such Court of Record as His Majesty shall appoint, who are hereby authorized to administer the same; videlicet,

Oath.

The Oath.

Persons refus

ing the Oath

to be subject

to the Penal.

Eliz.

I, A. B., do sincerely promise and swear, That I will be faithful, and bear true Allegiance to His Majesty King GÉORGE, 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, mentai Evasion, or secret Reservation, and renouncing all Pardons and Dispensations from any Power or 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 ties by Act I. 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 Elisabeth. His Majesty's VIII. And be it further enacted by the Authority aforesaid, That Canadian all His Majesty's Canadian Subjects, within the Province of Quebec, the Subjects (religious Orders religious Orders and Communities only excepted, may also hold and enjoy excepted) may their Property and Possessions, together with all Customs and Usages

hold all their possessions,

etc.

And in matters of Con

relative thereto, and all other their Civil Rights, in as large, ample, and beneficial Manner, 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 Decision of the same; and all Causes that shall troversy resort hereafter be instituted in any of the Courts of Justice, to be appointed to be had to within and for the said Province, by His Majesty, His Heirs and Succesthe laws of Canada for sors, shall, with respect to such Property and Rights, be determined agree the Decision. ably 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 the Manner hereinafter

mentioned.

IX Provided always, That nothing in this Act contained shall extend, Not to extend ir 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 His Majesty Successors, to be holden in free and common Soccage.

in common

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 n his or her Life-time by Deed of Sale, Gift, or otherwise, to devise or Goods may alienate the bequeath the same at his or her Death, by his or her last Will and Testa-same by Will, ment; any Law, Usage, or Custom, heretofore or now prevailing in the etc., if execut Province, 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

Criminal Law

Province.

XI. And whereas the Certainty and Lenity of the Criminal Law of Eland, 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 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 Triai; 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 the future Welfare and good Government of the Province of Quebec, the His Majesty may appoint 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 ertain Time, and under proper Restrictions, to Persons resident there: Province. And whereas it is at present inexpedient to call an Assembly; be it thereare enacted by the Authority aforesaid. That it shall and may be lawfor His Majesty, His Heirs and Successors, by Warrant under His or Their Signet or Sign Manual, and with the Advice of the Privy CounI to constitute and appoint a Council for the Affairs of the Province 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 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 Governor. cinted 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, ir, in his Absence, of the Lieutenant Governor, or the Commander in Chief for the Time Being.

of the

Which Coun

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-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.'

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

Ordinances made to be laid before

His Majesty for His Approbation.

Ordinances touching Renigion not to be in Force without His Majesty's

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 Approbation. received His Majesty's Approbation.

When Ordinances are to be

passed by a Majority.

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.

Nothing to XVII. And be it further enacted by the Authority aforesaid, That hinder His nothing herein contained shall extend, or be construed to extend, to preMajesty to constitute vent or hinder His Majesty, His Heirs and Successors, by His or Their Courts of Letters Patent under the Great Seal of Great Britain, from erecting, conCriminal, stituting, and appointing, such Courts of Criminal, Civil, and Ecclesiastical Civil and 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

formerly made are hereby inforced within the Province.

Preamble.

imposed by his

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 or Plantations, shall be, and are hereby declared to be, in Force, within the said Province of Quebec, and every Part thereof.

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 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

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, dis5, to be 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 shall 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,