SESSIONAL PAPER No. 30 or commodities, and if he or they shall have cause to suspect that any such goods or commodities are concealed in any particular dwelling house, store, building or other place, they or either of them shall upon application upon oath to any Justice of the Peace be entitled to a warrant to enter, taking with them a Peace Officer, such house, store or other place (in the day time only) and there to search for such goods or commodities, and if any shall be found, to seize and secure the same for trial; and if any person or persons shall conceal, or shall buy any goods or commodities knowing them to be liable to seizure by this order, such person or persons on conviction thereof shall forfeit and pay double the value of the goods or commodities so concealed or purchased. XI. And His Excellency the Administrator in Chief, by and with the advice and consent of the said Executive Council, doth further order, that all goods or commodities whereof the exportation is not and shall not be by law entirely prohibited, may freely for the purposes of commerce be carried and exported free and exempt from all duties whatsoever from and out of this Province into the United States as well by His Majesty's subjects as by the citizens of the said United States. XII. And His Excellency the Administrator in Chief, by and with the advice and consent of the said Executive Council, doth further order, that it shall be the duty of all Officers of His Majesty's Customs whatsoever, to seize and secure any vessel, boat, raft or carriage, goods or commodities which shall be liable to seizure by virtue of this order, as well without as within their respective districts within this Province; and all goods or commodities which shall be seized by virtue of this order, shall remain in the custody of the seizing officer until such proceedings shall be had as by law are required, to ascertain whether the same have been forfeited or not, and all penalties and forfeitures created by this order shall be recovered and declared in any of His Majesty's Courts having jurisdiction in this Province, in the same manner and form, and upon the same evidence and by the same rules and regulations as any penalties or forfeitures incurred for any offences against the laws relating to the Customs and Trade of His Majesty's Colonies in America, may now be recovered or declared forfeited in such Courts respectively; and in all cases of penalties or forfeitures incurred by virtue of this order, after deducting the charges of prosecution from the gross produce thereof, the remainder shall be paid and divided as follows, that is to say; one third to His Majesty, one third to the Governor of this Province or Person administering the Government thereof, and one third to the seizing Officer suing for the same. XIII. And His Excellency the Administrator in Chief, by and with the advice and consent of the said Executive Council, doth further order, that all vessels, boats, rafts or carriages which shall be seized in pursuance or by virtue of this Order, or of any Act or Acts of the Parliament of Great Britain, or of the Provincial Parliament of Lower Canada, and which shall be condemned in any of His Majesty's Courts of Law in this Province, shall be sold by public auction to the best bidder, by the Chief Officer of the Customs at the Custom House to which the seizing officer belongs, or at such place in the district in which such vessels, boats, rafts or carriages shall be condemned, as such Chief Officer shall think proper to appoint. XIV. And His Excellency the Administrator in Chief, by and with the advice and consent of the said Executive Council, doth further order, that if any Officer of the Customs or other person executing or aiding and assisting in the seizure of any vessel, boat, raft, carriage, horse, cattle, goods, or commodities shall be sued or prosecuted for any thing done in virtue of the powers given by this order, or by virtue of a warrant granted by any Justice pursuant to law, such officer or other person may plead the general issue, and give this order and the special matter in evidence, and if in such suit the Plaintiff be non-suited, or judgment pass against him, the defendant 12 GEORGE V, A. 1922 shall recover double costs; and in case any information shall be commenced and brought to trial on account of the seizure of any vessel, boat, raft, carriage, horse, cattle, goods or commodities as forfeited by this order, wherein a judgment shall be given for the claimant, and it shall appear to the Court before whom the same shall be tried, that there was a probable cause of seizure, the Court shall certify on record that there was a probable cause for seizing the same, and in such case the Defendant shall not be entitled to any costs whatsoever, nor shall the persons who seized be liable to any action or prosecution on account of such seizure; and in case any action or prosecution shall be commenced and brought to trial, against any person whatsoever on account of the seizing any such vessel, boat, raft carriages or commodities where no information shall be commenced or brought to trial to condemn the same, and a judgment shall be given upon such action or prosecution against the Defendant or Defendants, if the Court before whom such action or prosecution may be brought, shall certify in like manner as aforesaid, that there was a probable cause for such seizure, then the Plaintiff, besides his vessel, boat, raft, carriage, goods or commodities so seized, or the value thereof, shall not be entitled to above two pence damages, nor to any costs of suit, nor shall the Defendant in such action or prosecution be fined above one shilling. XV. And His Excellency the Administrator in Chief, by and with the advice and consent of the said Executive Council, doth further order, that the Chief Officer of the Customs at the said Port of St. John and Coteau du Lac or such other Port as shall hereafter be established on the River St. Lawrence, shall cause to be affixed, and constantly kept in some public and conspicuous place in his Office, a fair table of the Fees to be taken by the said Officer of the Customs at the said Office, which Fees shall be as follows, viz:— For every Report of the Arrival of and Permit to unload any Vessel, Boat or Bateau under five ton burthen.. For do. of any Vessel, Boat or Bateau of five tons or upwards, and not exceeding fifty tons burthen.. .. For do. of any Vessel exceeding fifty tons burthen.. For do. of any Waggon, Cart, Sleigh, or other carriage.. For every Entry of Goods imported by water communication.. 2s 6d 5s Od 208 1s 2s 6d For do. of do. subject to duty by any Cart Sleigh, or other Carriage.. 1s For every Certificate of Goods having paid duty, and protection for the If not exceeding 20 Cribs, and in that proportion for larger. XVI. His Excellency the Administrator in Chief, by and with the advice and consent of the said Executive Council, doth further order and direct, that from henceforth it shall and may be lawful to and for the Officers of the Customs of the said Ports of St. John and Coteau du Lac or such other Port as shall hereafter be established on the River St. Lawrence, for and upon any vessel, boat, bateau, waggon, cart, sleigh or other carriage, departing from the said Port of St. John or Coteau du Lac or such other Port as shall hereafter be established on the River Saint Lawrence towards the United States of America, subject by the present order to be reported at the said Custom Houses respectively, to ask, demand and receive of and from the master, owner or driver of such vessel, boat, bateau, waggon, cart, sleigh or other SESSIONAL PAPER No. 30 carriage respectively the several and respective fees hereinafter particularly set forth, viz: For every Report of the Departure of any Vessel, Boat or Bateau under five tons burthen towards the United States of America.. .. .. 1s 3d For every Report of any Vessel, Boat or Bateau of five tons or upwards, and not exceeding fifty tons burthen.. 2s 6d 10s Od 4d For do. of any Vessel exceeding fifty tons burthen.. 1s 3d And if any Officer of the Customs of the said Port of St. John or of the Port of Coteau du Lac or such other Port as shall hereafter be established on the River St. Lawrence, shall demand or receive any greater or other fee, compensation or reward for any such Report respectively, he or they shall forfeit and pay the sum of fifty pounds for each offence, recoverable in any of His Majesty's Courts of King's Bench in this Province by and to the use of the party aggrieved. And it is further ordered by His Excellency the Administrator in Chief, by and with the advice and consent of the said Executive Council, that the Act 53d Geo. III. Cap. 11, as amended and continued by an Act of the Provincial Parliament 55 Geo. III. Cap. 11. be suspended as to goods imported from the United States of America by land or inland navigation. And His Excellency the Administrator in Chief, by and with the advice and consent of the said Executive Council, doth further order and direct, that duties shall be paid and collected on all goods and commodities imported from the United States, agreeably to the following Tarif: TARIF. Masts, Yards, Bowsprits, Spars, Planks, Boards, Knees, Futtocks, or any kind of Ship Timber; also Hoops, Staves, Shingles, Clapboards, Trees, Wood and Lumber of every kind. Seeds, Wheat, Rye, Oats, Barley and other Grains-Butter, Cheese, Honey, Horses, Neat Cattle, Sheep, Hogs, Poultry and other live Stock and live Provisions and fresh Fish, also Pot and Pearl Ashes, Furs and Skins, and Pig Iron and Tallow to be imported free of duty. Hats and Hat Bodies and Caps of Felt or other materials. . . .£321 per ct. ad valorem And that all other articles of the growth, produce or manufacture of the United States of America shall over and above such duties as may now be chargeable by law (save and except the 21 per cent duty imposed by the 53d Geo. III. Cap. 11.) pay a further duty of £10 per cent ad valorem. And to prevent frauds in the valuation of articles to an ad valorem duty, the value thereof shall be declared on oath by the person entering the same and the Officer of the Customs receiving such entry shall have the right of taking all such goods if they consider the same to be undervalued on paying to the owner or owners thereof the amount at which he or they shall have valued such goods on the entry thereof, with an advance of £10 per cent on the said amount. At His Majesty's Executive Council of and for the said Province of Lower-Canada, held at the Castle of St. Lewis, in the City of Quebec, in the said Province, on Wednesday the Fourteenth day of June, in the Fifty-fifth year of His Majesty's Reign, and in the year of our Lord one thousand eight hundred and fifteen. PRESENT, His Excellency the ADMINISTRATOR IN CHIEF, In Council. WHEREAS in the Order of Council of the Twenty-ninth day of May last, certain articles of the growth and produce of the United States of America, of which the importation Duty Free was intended to be permitted, were omitted to be enumerated, for remedy thereof, it is now Ordered, by His Excellency the Administrator in Chief, by and with the advice and consent of the said Executive Council, that the following articles be added to the list of those enumerated to be imported into this Province by land or inland navigation, viz. Flour of all descriptions used for making bread. Indian Meal. Pork and Beef, fresh or salted. Also, Provisions of all kinds, and that the same may be imported Free of Duty, but subject to all the other regulations contained in the aforesaid Order of the Twentyninth day of May last. And it is hereby further Ordered, by His Excellency the Administrator in Chief, Dy and with the advice and consent of the said Executive Council, that the present order be considered as taking effect from the Twenty-ninth day of May last, and that any Duties which may have been collected upon the articles herein enumerated, in consequence of the first Order, be returned by the Collector of the Customs, to the parties from whom he received the same. Quebec Gazette, 15 June 1815. HERMAN W. RYLAND. SESSIONAL PAPER No. 30 GORDON DRUMMOND. GEORGE the THIRD, by the Grace of God, of the United Kingdom of Great Britain and Ireland, King, Defender of the Faith; To our much beloved and faithful the Legislative Councillors of our Province of Lower Canada, and to our faithful and well beloved the Knights, Citizens and Burgesses of our said Province, to an Assembly at our City of Quebec, on the First day of August next, to have been commenced and held, called and elected, and to every of you, Greeting....Whereas for divers urgent and arduous Affairs, us the State and Defence of our said Province concerning, our Assembly at the Day and Place aforesaid, to be present, We did Command, to treat, consent and conclude upon those things, which in Our Assembly, should then and there be proposed and deliberated upon, and for certain Causes and Considerations, us to this especially moving, we have thought fit, to Prorogue our said Assembly, so that you nor any of you, on the said First Day of August next, at our said City to appear, are to be held or constrained, for We do will therefore, that you, and each of you, be as to us in this matter entirely exonerated: Commanding, and by the Tenor of these Presents, firmly enjoining you, and every of you, and all others in this behalf interested, that on the Fifteenth day of September next, at our said City of Quebec, personally you be and appear, to treat, do, act, and conclude upon those things, which in our said Assembly, by the Common Council of our said Province, by the favour of God, may be ordained.-In Testimony whereof, these our Letters, We have caused to be made Patent, and the Great Seal of our said Province to be thereunto affixed; Witness our Trusty and well beloved His Excellency Sir Gordon Drummond, Knight, Commander of the most Honourable and Military Order of the Bath, Administrator in Chief, in and over our said Province of Lower Canada, &c. &c. &c. at the Castle of Saint Lewis, in the City of Quebec, in the said Province, the Twelfth day of July, in the Year of Our Lord, One Thousand Eight Hundred and Fifteen, and in the Fifty fifth year of our Reign. Thoms. DOUGLASS, Clk. C. in Ch. Quebec Gazette, 13 July, 1815. Province of Lower Canada. G. D. By His Excellency SIR GORDON DRUMMOND, Knight Commander of the Most · Honourable and Military Order of the Bath, Administrator in Chief of the Government of the Provinces of Upper and Lower Canada, Vice-Admiral of the same, &c. &c. &c. A PROCLAMATION. WHEREAS it graciously pleased the King's Most Excellent Majesty, by Letters Patent, under the Great Seal of this Province, bearing date the 5th day of April, one thousand eight hundred and two, to grant to certain persons therein named; all that certain Tract and Parcel of His Domain Lands, situate, lying and being on the north side of the River St. Lawrence, in the said Province of Lower Canada; commonly called and known by the name of the King's Posts, together with all and every the Wharves and Buildings thereon erected and being, and all and every the Appurtenances and together also, with the right of carrying on an exclusive Trade with the Indians at and upon the said Domain Lands, and an exclusive Fishery or Fisheries thereat, for the Term of twenty years; for the purpose therefore of securing to the Lesses of the said King's Posts, the peaceable and full possession and enjoyment of the said Domain Lands, Posts and Fisheries, and the exclusive right of trading thereat |