LXXXV. And be it further enacted by the authority aforesaid, That every act of parliament in force on and immediately before revenue. &c. the paffing of this act, by which any conditions, rules, regulations, All acts in force for fecuring the to extend to this act. No fee to be taken for oaths. or restrictions were made, established, or directed for the better fecuring the revenue of customs, or for the regular importation into, or exportation from, Great Britain, or the bringing or carrying coaftwife, or from port to port, within the same kingdom, or the entering, landing, or shipping of any goods, wares, or merchandises whatever, except where any alteration is expressly made by this act, shall, and they are hereby declared to be and remain in full force and effect, and shall be applied to the fubject of this act, and for carrying the same into execution, as fully and effectually as if they had been repeated and re-enacted in this present act. LXXXVI. And be it further enacted, That no fee, shall be taken by the clerk of any justice of peace, or other person before whom any oath, affirmation, or declaration, shall be taken or made by the directions of this act, on account of such oath, affirmation, or declaration. How penalties LXXXVII. And be it further enacted, That all forfeitures are to be recovered and applied. Determina tion of juftices to final in all cies cognizable by them. created, and penalties inflicted, by this act for offences committed in England and Scotland respectively, shall and may be sued for, profecuted, and recovered, in any of his Majesty's courts of record at Westminster, or in the court of exchequer at Edinburgh respectively, in such manner, and by fuch ways, means, and methods, as penalties inflicted or forfeitures created in England and Scotland respectively, for any offences against the laws of customs, may now legally be fued for, profecuted, 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, malt, meal, ог flour, for fale 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 flour, for fale, or inspector of corn returns shall reside; and such two justices shall, and they are hereby authorised and required, if, upon due proof and examination of the matter, it shall appear to them that such corn factor, or dealer in corn, malt, meal, or flour, for fale, or inspector of corn 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 fale of his goods and chattels, and such penalty shall be applied in manner herein before mentioned. LXXXVIII. Provided, and it is hereby declared and enacted by the authority aforefaid, That no bill, plaint, or information, shall be brought or fued forth in any of his Majesty's courts of record at Westminster, for any offence against this statute, in cafes where fuch offences are by this act cognizable by justices of the peace, relating to the same offences, or any forfeitures or penal. 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 fuit 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 fuit shall 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 pass for the defendant or defendants, or the plaintiff or plaintiffs shall 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 him, her, or them, against such plaintiff or plaintiffs. turns under to continue to XC. And be it further enacted, That as foon as the inspectors As foon as inof corn returns, directed by this act to be appointed, shall be so spectors are appointed in each of the counties, ridings, and divifions, and in appointed in England, and each of the cities and towns, being counties of themselves, and returns made having exempt jurifdiction as aforesaid, of that part of Great Bri- fromScotland, tain called England, and as foon as the sheriff depute in each of the authority the counties, or the steward depute, or his substitute, of the stew- to make re artry of that part of Great Britain called Scotland, shall respec- 10Geo.3.0 39. tively have made returns to the receiver of corn returns in the to cease. manner herein-before directed, the authority vested in the persons appointed to make returns by virtue of the before mentioned act, passed 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 either by virtue of the faid 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 forts of corn, and cause an abstract of the same to be pub age prices of lished in the London Gazette in manner herein-before directed, till corn till Nov, the fifteenth day of November one thousand seven hundred and ninety-one, after which day no return shall be made to him by virtue of the said act passed in the tenth year of his Majesty's reign, and fuch averages shall from thenceforth be made up and computed, and fuch 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, meal, and flour, and the bounties granted by this act on the ex. corn, &c. to portation of British corn, and other articles as aforesaid, shall com commence 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 flour, and the bounties granted by former laws on the exportation of British corn, or 15, 1791. this act on the importation of So much of any of the other articles as aforesaid, and all powers granted for the purpose of railing, levying, answering, and recovering the fame (fave and except in all cases relating to the recovering any arrears thereof) shall cease on the said fifteenth day of November one thousand seven hundred and ninety-one; and that all provifions made by this act for regulating and governing the importation of foreign corn, meal, or flour, and the duty payable thereon, and the exportation of British corn, and the other articles as aforefaid, and the payment of the bounty thereon, and the carrying the fame coastwise, shall commence on the faid fifteenth day of November one thousand seven hundred and ninety-one; and that the regulations made by any former law, contrary to the provisions of this act, for any of the faid purposes, shall cease on the faid fifteenth day of November one thousand seven 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 flour, and the taking the fame out of fuch 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 provifions made in the before mentioned act passed 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 fuch warehouses for exportation, or any of the purposes therein mentioned, shall cease on the faid fifteenth day of November one thousand seven hundred and ninety-one. 30 Geo.3.C.I. as relates to the importa tion and ex portation of corn and grain, and to continue in force till XCI. And be it further enacted, That so much of an act, passed in the last feffion 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 alfo certain orders issued by the governor general of his Majesty's colonies in America; and for preventing suits 30Geo.3.c.42. in confequence of the fame, and for making further provifions relative thereto), as relates to the importation and exportation of corn and grain; and also the whole of another act, pasled in the fame session, Nov. 15, 1791. (intituled, An act to continue, for a limited time, certain provisions contained in an act, made in this present fession of parliament, intituled, An act for indemnifying all perfons 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 issued by the governor general of his Majesty's colonies in America; and for preventing fuits in consequence of the fame; and for making further provifions relative thereto; relating to the importation and exportation of corn and grain, and to authorife his Majesty to permit the exportation of corn, grain, meal, or flour; and to prohibit the importation thereof on the low duties), shall continue and be in force until the fifteenth day of November one thousand feven hundred and ninety-one. Before Nov. 15, 1791, if the exporta XCII. And be it further enacted by the authority aforesaid, That if at any time or times, before the fifteenth day of November tion of wheat, one thousand seven hundred and ninety-one, any fort of wheat, wheat or hitherto al wheat-flour, biscuit, rye, rye-meal, barley, barley-meal, oats, oat- &c. should be meal, peafe or beans, shall be prohibited to be exported from Great prohibited, his Britain by virtue of the said recited acts, Majefty in of any authority council may therein given to his Majesty, his heirs and successors, 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 successors, and he the quantities and 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 Mar tory, place, or fishery, to his Majesty, his heirs or fuccessors, 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 fuch or the fame dominion, territory, plantation, colony, ifland, 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 fort of corn and other articles, as aforesaid, to the island of Newfoundland, and to the British islands in the West Indies, as shall from time to time be found necessary and requifite for the use of the fishery of the said ifland of Newfoundland, and for the food and sustenance of the inhabitants of the faid iflands respectively. would be allowed under any act in force. 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. ties to be paid made thereof, on which bounties have been heretofore payable, shall on exportation be so permitted, and that the prices thereof respectively taken in wheneverthey the manner directed by an act, passed in the tenth year of his present Majesty's reign, (intituled, An act for registering the prices at which corn is fold in the feveral counties of Great Britain, and the 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 fame bounties be allowed on each fort respectively, as would be allowed and payable thereon, if fuch corn, grain, or other articles, were exported under the authority of any act or acts of parliament now in force, and subject to the fame regulations, conditions, and restrictions, and to the fame penalties and forfeitures as are enacted and imposed in and by the faid acts. or before June 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 strued to extend, to prohibit the exportation on bounty of such exportation on 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 malt U 3 i malt as aforesaid shall be exported, a certificate or certificates from the officer or officers of excife with whom the entry of the corn intended to be made into fuch malt as aforefaid 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. 1 1 Preamble. cited act as CAP. XXXI. An act to repeal certain parts of an act, passed in the fourteenth year of his Majesty's reign, intituled, An act for making more effectual provifion for the government of the province of Quebec, in North America; and to make further provision for the government of the faid province. W HEREAS an act was passed in the fourteenth year of the reign of his present Majesty, intituled, An act for making more effectual provifion for the government of the province of Quebec in North America: and whereas the faid alt is in many reSpects inapplicable to the present condition and circumstances of the Said province: and whereas it is expedient and neceffary that further provision should now be made for the good government and profperity thereof: may it therefore please your most excellent Majefty that it may be enacted; and be it enacted by the King's moft excellent majesty, by and with the advice and confent of the lords spiritual and temporal, and commons, in this present So much of re- parliament assembled, and by the authority of the fame, That so much of the faid act as in any manner relates to the appointment of a council for the affairs of the faid province of Quebec, or to the power given by the said act to the said council, or to the major part of them, to make ordinances for the peace, welfare, and good government of the faid province, with the consent of his Majesty's governor, lieutenant governor, or commander in chief for the time being, shall be, and the same is hereby repealed. for Quebec, or its powers, repealed, 1 II. And whereas his Majesty has been pleased to fignify, by his meffage to both houses of parliament, his royal intention to divide his province of Quebec into two feparate 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 faid 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 reaffembly to be spectively his Majesty, his heirs or successors, shall have power, conftituted, by during the continuance of this act, by and with the advice and whose advice confent of the legislative council and afsembly of fuch provinces his Majesty may make 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 paffled by the legislative council and afthe province, sembly of either of the laid provinces respectively, and assented to by his Majesty, his heirs or fucceflors, or assented to in his Majesty's name, by such person as his Majesty, his heirs or fuccessors, Thall from time to time appoint to be the governor, or lieutenant governor, |