Proceedings of Courts issued as heretofore. Justices of rized by Gover- Commissioners for executing Process, &c. Persons residing in Indian Territories refusing to obey Process. Committed and conveyed to Upper Canada. VII. And be it further enacted, That all Process, Writs, Orders, Judgments, Decrees and Acts whatsoever, to be issued, made, delivered, given and done by or under the Authority of the said Courts, or either of them, shall have the same Force, Authority and Effect within the said Indian Territory and other Parts of America as aforesaid, as the same now have within the said Province of Upper Canada. VIII. And be it further enacted, That it shall be lawful for the Governor or Lieutenant Governor or Person administering the Government for the time being of Lower Canada, by Commission under his Hand and Seal, to authorize all Persons who shall be appointed Justices of the Peace under the Provisions of this Act, within the said Indian Territories, or other Parts of America as aforesaid, or any other Person who shall be specially named in any such Commission, to act as a Commissioner within the same, for the Purpose of executing, enforcing and carrying into Effect all such Process, Writs, Orders, Judgments, Decrees and Acts, which shall be issued, made, delivered, given or done by the said Courts of Judicature, and which may require to be enforced and executed within the said Indian Territories or such other Parts of North America as aforesaid; and in case any Person or Persons whatsoever residing or being within the said Indian Territories, or such other Parts of America as aforesaid, shall refuse to obey or perform any such Process, Writ, Order, Judgment, Decree or Act of the said Courts, or shall resist or oppose the Execution thereof, it shall and may be lawful for the said Justices of the Peace or Commissioners, and they or any of them are and is hereby required, on the same being proved before him, by the Oath or Affidavit of One credible Witness, to commit the said Person or Persons so offending as aforesaid to Custody, in order to his or their being conveyed to Upper Canada; and that it shall be lawful for any such Justice of the Peace or Commissioner, or any Person or Persons acting under his Authority, to convey or cause to be conveyed such Person or Persons so offending as aforesaid to Upper Canada, in pursuance of such Process, Writ, Order, Decree, Judgment or Act, and such Person and Persons shall be committed to Gaol by the said Court, on his, her or their being so brought into the said Province of Upper Canada, by which such Process, Writ, Order, Decree, Judgment or Act was issued, made, delivered, given or done, until a final Judgment or Decree shall have been pronounced in such Suit, and shall have been duly performed, and all Costs paid, in case such Person or Persons shall be a Party or Parties in such Suit, or until the Trial of such Suit shall have been concluded, in case such Person or Persons shall be a Witness or Witnesses therein: Provided always, that if any Person or Persons so apprehendRecognizance. ed as aforesaid shall enter into a Bond Recognizance to any such Justice of the Peace or Commissioner, with Two sufficient Sureties, to the Satisfaction of such Justice of the Peace or Commissioner, or the said Courts, conditioned to obey and perform such Process, Writ, Order, Judgment, Decree or Act as aforesaid, then and in such case it shall and may be lawful for the said Justice of the Peace or Commissioner, or the said Courts, to discharge such Person or Persons out of Custody. Costs. Proviso for IX. And Such Recog nizance may be assigned, IX. And be it further enacted, That in case such Person or Persons shall not perform and fulfil the Condition or Conditions of such Recognizance, then and in such case it shall and may be lawful for any such Justice or Commissioner, and he is hereby required, to assign such Recognizance to the Plaintiff or Plaintiffs, in any Suit in which such Process, Writ, Order, Decree, Judgment or Act shall have been issued, made, delivered, given or done, who may maintain an Action in the said Courts in his own Name against the said Sureties, and recover against such Sureties the full Amount of such Loss or Damage as such Plaintiff shall prove to have been sustained by him, by reason of the original Cause of Action in respect of which such Process, Writ, Order, Decree, Judgment or Act of the said Courts were issued, made, delivered, given or done as notwithstandaforesaid, notwithstanding any thing contained in any Charter ing Charter to granted to the said Governor and Company of Adventurers of Hudson's Bay England trading to Hudson's Bay. Company. of Justices of Peace to determine Causes. X. And be it further enacted, That it shall be lawful for His Appointment Majesty, if He shall deem it convenient so to do, to issue a Com- by His Majesty, mission or Commissions to any Person or Persons to be and act as Justices of the Peace within such Parts of America as aforesaid, as well within any Territories heretofore granted to the Company of Adventurers of England trading to Hudson's Bay, as within the Indian Territories of such other Parts of America as aforesaid; and it shall be lawful for the Court in the Province of Upper Canada, in any case in which it shall appear expedient to have any Evidence taken by Commission, or any Facts or Issue, or any Cause or Suit ascertained, to issue a Commission to any Three or more of such Justices to take such Evidence, and return the same, or try such Issue, and for that Purpose to hold Courts, and to issue Subpœnas or other Processes to compel Attendance of Plaintiffs, Defendants, Jurors, Witnesses and all other Persons requisite and essential to the Execution of the several Purposes for which such Commission or Commissions had issued, and with the like Power and Authority as are vested in the Courts of the said Province of Upper Canada; and any Order, Verdict, Judgment or Decree that Effect of such shall be made, found, declared or published by or before any Court Decree, &c. or Courts held under and by virtue of such Commission or Commissions, shall be considered to be of as full Effect, and enforced in like Manner, as if the same had been made, found, declared or published within the Jurisdiction of the Court of the said Province; and at the Time of issuing such Commission or Commissions shall be declared the Place or Places where such Commission is to be opened, and the Courts and Proceedings thereunder held; and it shall be at the same time provided how and by what Means the Expences of such Commission, and the Execution thereof, shall be raised and provided for. XI. And be it further enacted, That it shall be lawful for His Majesty, notwithstanding any thing contained in this Act, or in any Charter granted to the said Governor and Company of Adventurers of England trading to Hudson's Bay, from time to time, by any Commission under the Great Seal, to authorize and empower any such Persons so appointed Justices of the Peace as aforesaid, to sit and hold Courts of Record for the Trial of Criminal Offences and Misdemeanors, and also of Civil Causes; and it shall be lawQ 3 His Majesty Commissions under Great Seal, empowering Justices to may issue hold Courts of Record for Trial of Criminal and Civil ful Offences. ful for His Majesty to order, direct and authorize the Appointment of proper Officers to act in aid of such Courts and Justices within the Jurisdiction assigned to such Courts and Justices in any such Commission; any thing in this Act, or in any Charter of the Governor and Company of Merchant Adventurers of England trading to Hudson's Bay, to the contrary notwithstanding. XII. Provided always, and be it further enacted, That such Courts shall be constituted, as to the Number of Justices to preside therein, and as to such Places within the said Territories of the said Company, or any Indian Territories, or other Parts of North America as aforesaid, and the Times and Manner of holding the same, as His Majesty shall from time to time order and direct; but shall not try any Offender upon any Charge or Indictment for any Felony made the Subject of Capital Punishment, or for any Offence or passing Sentence affecting the Life of any Offender, or adjudge or cause any Offender to suffer Capital Punishment or Transportation, or take Cognizance of or try any Civil Action or Suit, in which the Cause of such Suit or Action shall exceed in Value the Amount or Sum of Two hundred Pounds; and in every case of any Offence subjecting the Person committing the same to Capital Punishment or Transportation, the Court or any Judge of any such Court, or any Justice or Justices of the Peace, before whom any such Offender shall be brought, shall commit such Offender to safe Custody, and cause such Offender to be sent in such Custody for Trial in the Court of the Province of Upper Canada. XIII. And be it further enacted, That all Judgments given in any Civil Suit shall be subject to Appeal to His Majesty in Council, in like manner as in other cases in His Majesty's Province of Upper Canada, and also in any case in which the Right or Title to any Land shall be in question. XIV. And be it further enacted, That nothing in this Act contained shall be taken or construed to affect any Right, Privilege, Authority or Jurisdiction which the Governor and Company of Adventurers trading to Hudson's Bay are by Law entitled to claim and exercise under their Charter; but that all such Rights, Privileges, Authorities and Jurisdictions shall remain in as full force, virtue and effect, as if this Act had never been made; any thing in this Act to the contrary notwithstanding. An Act for extending the Drawbacks on Coals used in Mines unlawful Lotteries and such Insurance Offices as are therein mention ed, a Drawback of all the Duties charged on Coals carried coast- § 54. 'wise is granted on Coals used for smelting Copper and Tin Ores within the Counties of Cornwall and Devon: And Whereas by an Act made in the Fourteenth Year of the Reign of His late 14 G. 2. c.41. Majesty King George the Second, intituled An Act for granting to His Majesty the Sum of One Million out of the Sinking Fund, and for applying other Sums therein mentioned, for the Service of "the Year One thousand seven hundred and forty one; and for allowing a Drawback of the Duties upon. Coals used in Fire Engines for draining Tin and Copper Mines in the County of Cornwall; and for appropriating the Supplies granted in this Session of Parlia"ment; and for making forth Duplicates of Exchequer Bills, Lottery • Tickets and Orders, lost, burnt or otherwise destroyed; and for giving further Time for the Payment of Duties omitted to be paid for the Indentures and Contracts of Clerks and Apprentices, a Drawback of all the Duties paid on Coal is allowed on Coals which shall be used in Fire Engines for the draining Water out of the Mines of Tin and Copper within the County of Cornwall: • And Whereas by an Act made in the Fifty first Year of the Reign 51 G. 3. c.83. ' of His late Majesty King George the Third, intituled An Act for allowing the like Drawback of Duty paid on Coals used in certain • Mines and Smelting Mills in Devonshire, as is now allowed in the County of Cornwall, it is enacted, that for all Coals that shall be used for Fire Engines in Mines of Tin, Copper or Lead, or for calcining or smelting Lead Ores within the County of Devon, and ' for which Duties have been first answered and paid, a Drawback 'shall be allowed and made of all such Duties: And Whereas by an Act made in the Fifty third Year of the Reign of His said late 53 G. 3. c. 18. Majesty, intituled An Act for allowing a Drawback of the Duty on Coals used in Fire or Steam Engines for raising Ores in the Counties of Devon and Cornwall, the Drawback is extended to all Coals consumed in Fire or Steam Engines used for the Pur6., pose of raising Ores or Dead Stuff or Rubbish out of Mines in 'the Counties of Cornwall and Devon: And Whereas by an Act 'made in the Fifty sixth Year of the Reign of His said late Ma- 56 G. 3. c. 134. jesty, intituled An Act for allowing a Drawback of the Duty on • Coals consumed in Lead Mines in Cornwall, the Drawback grant'ed by the Act of the Fifty first Year of the King, to Lead Mines in the County of Devon, is extended to the County of Cornwall: And Whereas it will be expedient to repeal the whole or such • Parts of the said Acts as relate to Drawbacks on Coals used within the Counties of Cornwall and Devon, to consolidate some of the • Provisions of the said Acts, and to extend others:' Be it therefore 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 so much of the said Acts as relates to So far as relates granting a Drawback of the Duties on Coals used and consumed in to Drawback on the working of Mines and smelting Minerals, in the Counties of Coals, repealed. Cornwall and Devon, shall be and the same are hereby repealed. II. And be it enacted, That from and after the passing of this Act, for all Coals that shall be consumed in Fire or Steam Engines, used for drawing Water, drawing Ores, Dead Stuff or Rubbish, for Q 4 stamping Drawback of consumed in i Engines for Ores, &c. in Mines of stamping or pulverizing Ores, or for any other Purposes, in Mines drawing Water, of Copper, Tin, Lead, Zinc, Arsenic or other Metal, within the Counties of Cornwall or Devon, and for all Coals used in roasting, calcining, smelting or refining any Copper, Tin, Lead, Zinc, Arsenic or other Metal, or any of their Ores, within the said Counties, and for which Duties have been first answered and paid, a Drawback shall be allowed and made of all such Duties, upon Proof by Oath made before the Collector of the said Duties (which Oath he is hereby empowered and required to administer), that such Coals have been so used and applied, and the Amount of the Duties so drawn back shall be returned and paid by the Collector of the said Duties to the Persons making Proof as aforesaid. Proof of Pay. ment of Duty, and that Coals were so con sumed, to be made on Oath. Drawback of Duty on Coals used in Steam Engines for draining of Coal Mines in Pembroke. 1 G. 3. (I.) 3 G. S. (I.) • III. And Whereas it is expedient that, previously to the Drawback being repaid upon Coals used or consumed as aforesaid 'within the Counties of Cornwall and Devon, Proof should be made 'that the Duties upon the same have been actually paid, and that • the said Coals were bona fide used or consumed, and that no Part ' of the same have been or shall be used or sold for domestic Purposes, or as Culm for burning Lime, or for any other Purpose 'not contemplated by Law;' Be it therefore enacted, That previously to any Drawback being paid upon Coals used or consumed as aforesaid in the Counties of Cornwall or Devon, Proof shall be made upon Oath, either by some one of the Proprietors or Adventurers in such Mine or Work, or by a managing Agent, before the Collector or Comptroller of the Customs (which Oath they are hereby respectively authorized and required to administer) of the Port where the Drawback shall be paid, that he verily believes that the Duties upon the said Coals have been actually paid, and that the said Coals were bona fide used and consumed in such a Manner as to entitle them to the Drawback under the Provisions of this Act. IV. And Whereas it is expedient that a Drawback of the Du'ties on Coals should be allowed on all Coals used in Steam Engines employed in draining Coal Mines in the County of Pem'broke;' Be it therefore enacted, That a Drawback of the whole of the Duties payable on Coals shall be paid and allowed for all Coals used in Steam Engines which shall be employed in draining Coal Mines in the County of Pembroke; and such Drawback shall be paid and allowed under the same Rules and Regulations as the Drawbacks hereinbefore mentioned are directed to be repaid and allowed. CAP. LXVIII. An Act to repeal so much of several Acts to prevent the excessive Price of Coals, as relates to Coal Yards established at the Expence of the Public in Dublin and Cork. W [2d July 1821.] HEREAS by an Act made in the Parliament of Ireland, in the First Year of the Reign of His late Majesty King George the Third, intituled An Act to prevent the excessive Price of Coals in the City of Dublin; and by an Act made in the Parliament of Ireland, in the Third Year of His said late Majesty, ⚫ for amending and continuing the said first recited Act, and by an Ac |