Lands in Upper Canada to be granted in free and common soc cage and also in Lower Canada, if desired. Persons holding lands in may have fresh grants. administering the Government of such Province, an address or addresses specifying that such Act contains provisions for some of the said purposes herein before specially described, and desiring that, in order to give effect to the same, such Act should be transmitted to England without delay for the purpose of being laid before Parliament previous to the signification of his Majesty's assent thereto. XLIII. And be it further enacted by the authority_aforesaid, that all lands which shall be hereafter granted within the said Province of Upper Canada shall be granted in free and common soccage, in like manner as lands are now holden in free and common soccage in that part of Great Britain called England; and that in every case where lands shall be hereafter granted within the said Province of Lower Canada, and where the grantee thereof shall desire the same to be granted in free and common soccage, the same shall be so granted; but subject nevertheless to such alterations with respect to the nature and consequences of such tenure of free and common soccage, as may be established 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 the Province. XLIV. And be it further enacted by the authority aforesaid, that if Upper Canada any person or persons holding lands in the said Province of Upper Canada by virtue of any certificate of occupation derived under the authority of the Governor and Council of the Province of Quebec, and having power and authority to alienate the same, shall at any time from and after the commencement of this Act surrender the same into the hands of his Majesty, his heirs or successors, by petition to the Governor, or LieutenantGovernor, 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 of such lands to be holden in free and common soccage. Such fresh grants not to or title to the lands. XLV. Provided nevertheless, and be it further enacted by the authorbar any right ity aforesaid, that such surrender and grant shall 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 other than the 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 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. 22. 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 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 conditions herein 1 See No. XXXIII. prohibitions before recited with respect to the application of any duties which may be imposed for that purpose: Be it therefore enacted by the authority afore- This Act not said, that nothing in this Act contained shall extend, or be construed to to prevent the operation of extend, to prevent or affect the execution of any law which hath been or any Act of shall at any time be made by his Majesty, his heirs or successors, and the Parliament Parliament of Great Britain, for establishing regulations or prohibitions, establishing or for imposing, levying, or collecting duties for the regulation of naviga- or imposing tion, or for the regulation of the commerce to be carried on between the duties for the said two Provinces1, or between either of the said Provinces and any other regulation of navigation and part of his Majesty's dominions, or between either of the said Provinces commerce, etc. 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. Such duties to be applied to XLVII. Provided always, and be it enacted by the authority aforesaid, the use of the that the net produce of all duties which shall be so imposed shall at all respective times hereafter be applied to and for the use of each of the said Provinces Provinces. respectively, and in such manner only as shall be directed by any law or laws which shall 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 XLVIII. And whereas, by reason of the distance of the said Provinces in Council to 'fix and declare from this country, and of the change to be made by this Act in the Gov- the commenceernment thereof, it may be necessary that there should be some interval of ment of the time between the notification of this Act to the said Provinces respectively Act, etc. and the day of its commencement within the said Provinces respectively, be it therefore enacted by the authority aforsaid, that it shall and may be lawful for his Majesty, with the advice of the 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. Times for writs of XLIX. And be it further enacted by the authority aforesaid, that the issuing the time to be fixed by his Majesty, his heirs or successors, or under his or summons and their authority by the Governor, Lieutenant-Governor, or person adminis- election, etc., tering the Government in each of the said Provinces respectively, for not to be later issuing the writs of summons and election, and calling together the Legis cember, 1792. lative 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 ninety-two. than 31st De Between the commence tive Council laws may be L. Provided always, and be it further enacted by the authority afore-ment of this said, that during such interval as may happen between the commencement Act and the of this Act within the said Provinces respectively, and the first meeting first meeting of the Legislative Council and Assembly of each of the said Provinces of the Legislarespectively, it shall and may be lawful for the Governor or Lieutenant- and Assembly, Governor of such Province, or for the person administering the Govern- temporary ment therein, with the consent of the major part of such Executive Council made. 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 shall be valid and binding within such 1 Grave disputes arose between the two Provinces over duties on goods imported via the St. Lawrence. These disputes led to the passing of the Canada Trade Act by the British Parlament (3 George IV, c. 119). See Bradshaw, Self Government in Canada. 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. |