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All acts in LXXXV. And be it further enacted by the authority aforesaid,
force for te. That every act of parliament in force on and immediately before
curing
revenue, &c. the pafing of this act, by which any conditions, rules, regulations,
to extind to or restrictions were made, established, or directed for the better
this act. fecuring the revenue of customs, or for the regular importation

into, or exportation from, Great Britain, or the bringing or carry-
ing coastwise, or from port to port, within the same kingdom, or
the entering, landing, or shipping of any goods, wares, or mer-
chandises whatever, except where any alteration is expressly made
by this act, thall, and they are hereby declared to be and remain
in full force and effect, and shall be applied to the subject of this
act, and for carrying the same into execution, as fully and effec-
tually as if they had been repeated and re-enacted in this present

act.
No fee to be LXXXVI. And be it further enacted, That no fce, shall be
taken for

taken by the clerk of any justice of peace, or other person before oaths.

whom any oath, affirmation, or declaration, shall be taken 'or
made by the directions of this act, on account of such oath, affir-

mation, or declaration.
How penalties LXXXVII. And be it further enacted, That all forfeitures
are to be re created, and penalties inflicted, by this act for offences commit-
covered and ted in England and Scotland respectively, shall and may be sued for,
.

prosecuted, and recovered, in any of his Majesty's courts of record
at Westminster, or in the court of exchequer at Edinburgh respec-
tively, in such manner, and by such ways, means, and methods,
as penalties inflicted or forfeitures created in England and Scota
land respectively, for any offences against the laws of customs,
may now legally be sued for, prosecuted, and recovered, and the
produce disposed of in the like manner, and applied to the like
uses 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, inalt, meal,
or four, for sale as aforesaid, or on any inspector of corn returns,
may be fued for and recovered before any two justices of the peace
of the county, riding, division, city, or town where such corn
factor, or dealer in corn, malt, meal, or four, for sale, or inspector
of corn returns shall reside; and such two justices fhall, and they
are hereby authorised and required, if, upon due proof and exami-
nation of the matter, it shall appear to them that such corn factor,
or dealer in corn, malt, meal, or flour, for sale, or inspector of
çorn 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 such penalty by distress and sale of his
goods and chattels, and such penalty shall be applied in manner

herein before mentioned.
Determina. LXXXVIII. Provided, and it is hereby declared and enacted
tion of justices by the authority aforefaid, That no bill, plaint, or information,

fin:! in shall be brought or sued forth in any of his Majesty's courts of priyle by

record at Westminsler, for any offence against this statute, in cafes

, them. where such offences are by this act cognizable by justices of the peace, relating to the fame offences, or any forfeitures or penal,

to

ties for the fame, but that the determination of the justices of the peace in the county where such offence or offences shall be committed, shall 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 suit shall be brought or commenced against any person or persons, for any thing by him, her, or them done by virtue or in pursuance of this act, such action or suit (hall be commenced within three months next after the matter or thing done, and shall be laid in the proper county; and the defendant or defendants in such action or fuit shall and inay plead the general General issue. issue, and give this act and the special matter in evidence at any trial to be had thereupon; and if afterwards a verdict shall pals for the defendant or defendants, or the plaintiff or plaintiffs thall discontinue his, her, or their action or actions, or be nonsuited, or judgement shall be given against him, her, or them, upon demurrer, or otherwise, then such defendant or defendants shall have treble Treble costs. costs awarded to hims her, or them, against such plaintiff or plaintiffs.

XC. And be it further enacted, That as soon as the inspectors As soon as inof corn returns, directed by this act to be appointed, shall be fo fpectors are appointed in each of the counties, ridings, and divifions, and in appointed in each of the cities and towns, being counties of themselves, and returns made having exempt jurisdiction as aforesaid, of that part of Great Bri- fromScotland, tain called England, and as soon as the sheriff depute in each of the authority the counties, or the steward depute, or his substitute, of the stew- to make reartry of that part of Great Britain called Scotland, shall respec- joGeo.3.c 39. tively have made returns to the receiver of corn returns in the to ceale. manner herein-before directed, the authority vested in the persons appointed to make returns by virtue of the before mentioned act, pafied in the tenth year of his Majesty's reign, shall cease in every such county, riding, division, and stewartry respectively; and fur- Receiver of ther, that the receiver of corn returns shall continue once in every

corn returns week to make up and compute, from the returns made to him, infert in the

to continue to either by virtue of the said act passed in the tenth year of his Ma- Gazette the jesty's reign, or by virtue of this act, the average prices of the fe- weekly aververal sorts of corn, and cause an abítract of the fame to be pub-age prices of

till Nov, lished in the London Gazette in manner herein-before directed, till

15, 1791. the fifteenth day of November one thousand seven hundred and ninety-one, after which day no return shall be male to him by virtue of the said act passed in the tenth year of his Majesty's reign, and such averages shall from thenceforth be made up and computed, and such abstract 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 four, and the bounties granted by this act on the ex.

importation of

corn, &c. to portation of British corn, and other articles as aforesaid, shall com-cornmence on mence on the fifteenth day of November one thousand seven 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 four, and the bounties granted by former laws on the exportation of British corn, or

any

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any of the other articles as aforesaid, and all powers granted for
the purpose of railing, levying, answering, and recovering the same
(save and except in all cases relating to the recovering any ar-
rears thereof) Thall ceasc on the said fifteenth day of November one
thousand seven hundred and ninety-one; and that all provisions,
made by this act for regulating and governing the importation of
foreign corn, meal, or four, and the duty payable thereon, and
the exportation of British corn, and the other articles as aforesaid,
and the payment of the bounty thereon, and the carrying the fame
coastwife, Thall commence on the said fifteenth day of November
one thousand feven hundred and ninety-one; and that the regula-
tions made by any former law, contrary to the provisions of this
act, for any of the said purpoles, shall ccafe on the said fifteenth
day of November one thousand feven hundred and ninety-one; and
further, that the several provisions made by this act for allowing
and regulating the warehousing of foreign corn, meal, and four,
and the taking the same out of such warehouses for exportation,
or any of the purposes herein-before mentioned, shall commence
on the fifteenth day of November one thousand seven hundred and
ninety-one; and that all provisions made in the before mentioned
act pafled in the thirteenth year of his Majesty's reign, or in any
other law for allowing and regulating the warehousing of foreign
corn, meal, or flour, and taking the fame out of such warehouses
for exportation, or any of the purposes therein mentioned, shall
cease on the said fifteenth day of November one thousand seven

hundred and ninety-one.
So much of XCI. And be it further enacted, That so much of an act, passed'
30 Geo. 3. C. 1. in the last session of parliament, (intituled, An act for indemnifying
as relates to
the importa-

all persons who have been concerned in advising or carrying into exetion and ex

cution certain orders of council respecting the importation and exporportation of

tation of corn and grain; and also certain orders issued by the governor corn and

general of his Majesty's colonies in America; and for preventing suits 30Geo.3.C.42.

in consequence of the same; and for making further provisions relative to continue thereto), as relates to the importation and exportation of corn and in force till

grain; and also the whole of another act, pailed irrthe fame session, Nov.15,1791. (intituled, An act to continue, for a limited time, certain provisions

contained in an aći, made in this present bellion of parliament, intituled, An act for indemnifying all persons who have been concerned in advising or carrying into execution, certain orders of council respecting the importation and exportation of corn and grain; and also certain orders iflued by the governor general of his Majesty's colonics in Anerica; and for preventing luits in consequence of the famc; and for making further provisions relative thereto; relating to the importation and exportation of corn and grain; and to authorise his Majesty to permit the exportation of corn, grain, meal, or flour; and to prohibit the importation thereof on the low duties), Thall 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 aforesaid, 15, 1791, if That if at any time or times, before the fifteenth day of November tion of wheat, one thousand seven hundred and ninety-one, any sort of wheat,

wheats

grain, and

wheat-four, biscuit, rye, rye-meal, barley, barley-meal, oats, oat- &c. fhould be meal, pease or beans, shall be prohibited to be exported from Great prohibited, his Britain by virtue of the faid recited acts, or of any authority council may

Majesty in therein given to his Majesty, his heirs and succeffors, by and with authorise the the advice of his or their privy council, it shall and may be law- exportation of ful, nevertheless, for his Majesty, his heirs and fucceffors, and he the quantities

hitherto aland 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, island, province, fac- ing to his Ma. tory, place, or fishery, to his Majesty, his heirs or successors, be- jesty, &c. longing, of such quantities of each and every such fort of corn and other articles as aforesaid, as hath at any time been allowed to be exported to such or the same dominion, territory, plantation, colony, island, province, factory, place, or fishery, respectively to his Majesty belonging, by any act or acts of parliament heretofore made, and of any quantity or quantities of each and every such sort of corn and other articles, as aforesaid, to the island of New. foundland, and to the British islands in the Weft Indies, as shall from time to time be found necessary and requisite for the use of the fishery of the said island of Newfoundland, and for the food and sustenance of the inhabitants of the said islands respectively.

XCIII. And be it further enacted by the authority aforesaid, and may orThat whenever the exportation of corn, grain, and other articles der the boun: made thereof, on which bounties have been heretofore payable, thall ties to be paid

on be fo permitted, and that the prices thereof respectively taken in whenever they the manner directed by an act, passed in the tenth year of his pre- would be al.

lowed under sent Majesty's reign, (intituled, An act for registering the prices at which corn is fold in the several counties of Great Britain, and the force, quantity exported and imported), shall not upon an average of the returns made by virtue of the said act exceed the prices upon which bounties have been heretofore allowed on each fort respectively, it shall be lawful for his Majesty, by and with the advice of his privy council, to order that the same bounties be allowed on each sort respectively, as would be allowed and payable thereon, if such corn, grain, or other articles, were exported under the authority of any act or acts of parliament now in force, and subject to the same regulations, conditions, and restrictions, and to the fame penalties and forfeitures as are enacted and imposed in and by the said acts.

XCIV. Provided always, and be it further enacted, That no- Malt made or thing in this act contained shall extend, or be deemed or con- declared for ftrued to extend, to prohibit the exportation on bounty of such exportation on

or before June malt as shall have been made or declared for exportation, on or

10, 1791, may before the tenth day of June one thousand seven hundred and be exported ninety-one, (the price of barley at the time when such malt is on certain hereby allowed to be exported, being, in the district 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 such malt as aforesaid producing, to the collector or chief officer of the customs at the port where such

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

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CA P. XXXI.
An act to repeal certain parts of an aft, passed in the fourteenth year

of his Majesly's reign, intituled, An act for making more effectual
provision for the government of the province of Quebec, in
North America; and to make further provision for the government

of the said province.
Preamble.
14 Ge0.3.c.8. WHEREAS an act was passed in the fourteer.th year of the

reign of his present Majesty, intituled, An act for making recited,

more effectual provision for the government of the province of
Quebec in North America: and whereas the said ałt is in many re-
Spects inapplicable to the present condition and circımfiances of the
Jaid province: and whereas it is expedient and necessary that further
provision fhould now be made for the good government and prof-
perity thereof: may it therefore please your most excellent Ma-
jesty 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 fpiritual and temporal, and commons, in this present
So much of re- parliament afsembled, and by the authority of the fame, That
cited act as so much of the said act as in any manner relates to the appoint-
relates to the ment of a council for the affairs of the said province of Quebec,
appointment
of a council or to the power given by the said act to the said 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 said province, with the consent of
pealed,

his Majesty's governor, lieutenant governor, or commander in
chief for the time being, shall be, and the same is hereby repealed.

II. And whereas his Majesty has been pleased to signify, by his mes-
sage to both houses of parliament, his royal intention to divide his pró-
vince of Quebec into two separate provinces, to be called The Province

of Upper Canada, and The Province of Lower Canada; be it Within each enacted by the authority aforesaid, That there shall be within each of the intend- of the said provinces respectively a legislative council, and an afed provinces fembly, to be severally composed and constituted in the manner a legillative council and

herein-after described; and that in each of the said provinces reassembly to be spectively his Majesty, his heirs or successors, shall have power, constituted, hy during the continuance of this act, by and with the advice and whole advice consent of the legislative council and afiembly of such provinces his Majesty

respectively, to make laws for the peace, welfare, and good golaws for the vernment thereof, such laws not being repugnant to this act; and government of that all such laws, being pasied by the legillative council and althe province, sembly of either of the said provinces respectively, and assented to

by his Majefty, his heirs or fucceflors, or aflented to in his Ma-
jesty's name, by such person as his Majesty, his heirs or fuccefiors,
Thall from time to time appoint to be the governor, or lieutenant

governor,

may make

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