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mits of tho frec grants, to

pre-emption for the rest.

settler or his lawful representative, it shall be lawful for such settler or representative have a right of to claim and have a grant for such excess by pre-emption, upon payment by him to the

Commissioner of Crown Lands for such excess at the rate or price required to be paid

for bona fide occupied lands, under the regulations of the thirteenth of February last, tal extent limi. published by the Department of Crown Lands; Provided that the entire extent of such

grant so claimed shall not as aforesaid exceed the said superficial extent of one hundred

Proviso: to.

ted.

acres.

Recital.

II. And whereas. it is expedient to ascertain with as little delay as possible the extent of lands that may have been so occupied and in good faith improved upon ante

rior to the time first aforesaid, and the applicants or claimants therefor: Be it enacted 'The Governor That it shall be lawful to and for the Governor of this Province for the time being, at may call in all claims un- any time within a twelve month next after the passing of this Act, by proclamation, or der this Act,

in such other manner as he shall deem most expedient, to call in all claims within the true intent and meaning of the aforesaid assurance and of this Act to be supported and accompanied by the proof aforesaid, and that such claims as shall not be so presented within the time appointed shall for ever afterwards be barred and of none effect.

and if then

the same be | not made

within the
time he shall
appoint, they
shall be barred.

MONTREAL :-Printed by STEWART DERBISHIRE & GEORGE DESBARATS,

Law Printer to the Queen's Most Excellent Majesty.

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An Act for repealing and consolidating the present Duties of Customs

in this Province, and for other purposes therein mentioned.

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[ 28th July, 1847. ] HEREAS it is expedient for the interests of Commerce and the ends of Justice, Preamble.

and also for affording convenience and facility to all persons who may be subject to the operation, or who may be authorized to act in execution, of the Laws of the late Provinces of Upper and Lower Canada, and of this Province of Canada, relating to the Customs, that those Laws should be repealed, and that the purposes for which they have, from time to time, been made, should be secured by new enactments, more consonant with the state of this Province since the late Union of the Provinces, and exhibiting more perspicuously and compendiously the various provisions contained in them: And whereas, by the Act of the Parliament of the United Kingdom of Great Certain ImBritain and Ireland, passed in the Session, held in the ninth and tenth years of Her period Acts Majesty's Reign, and intituled, An Act to enable the Legislatures of certain British Imperial Act, Possessions to reduce or repeal certain duties of Customs, it is provided that whenever the 9 and 10 V. Legislature, or other proper legislative authority of any of ihe British Possessions in America or the Mauritius, make or pass any Act or Ordinance, Acts or Ordinances, reducing or repealing all or any of the duties of Customs imposed by the Act of the said Parliament, passed in the Session, held in the

eighth and ninth years of Her Majesty's Reign, and intituled, An Act to regulate the Trade of British Possessions abroad, Imperial Act, upon any articles imported into such Possessions, and if Her Majesty, by and with the 93. advice of Her Privy Council, assent to such Act or Ordinance, Acts or Ordinances, such Duties of Customs shall, upon the Proclamation of such assent in the Colony, or any

time thereafter which may be fixed by such Act or Ordinance, be reduced or repealed in such Possession, as if such reduction or repeal had been effected by an Act or Acts of the Imperial Legislature, anything in any Act to the contrary not withstanding ; and it is expedient, and will greatly facilitate and encourage the commerce of this Province, to repeal all the duties imposed by the said Act of the Imperial Parliament, to the end that all the Duties of Customs, levied in this Province may be imposed, levied, and collected under one Act, and under the same regulations and provisions : Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, intituled, An Act to re-unite the Provinces of Upper and Lower Cunada,

and

8 and 9 V.c.

at

When this Act shall come into force.

Proviso as to regulations.

and for the Government of Canada, and it is hereby enacted by the authority of the same, That this Act shall come into full force and effect upon, from and after, and not before, such day as shall be appointed for that purpose in any Proclamation to be issued by the Governor in Council, proclaiming Her Majesty's assent to this Act, by and with the advice of Her Privy Council, and appointing the day upon, from and after which this Act shall come into full force and eliect: Provided always, that such day shall not be before the fifth day of January, one thousand eight hundred and forty-eight, and that at any time after the issuing of such Proclamation, it shall be lawful for the Governor in Council to make and publish regulations for any purpose for which he may make regulations under this Act, but such regulations shall have no force or effect before the day upon which this Act shall come into full force and effect.

Repeal of former Acts.

L. C. 4 G. 4.

c. 14.

Forfe.tures.

L. C. 9 G. 4. c 14 Collection of duties at Montreal. L. C. 2 W.4.

c. 3.

The same.
L C. 6 W. 4.
c. 24. luland
Ports.

c. 1, (2nd

duties.

II. And be it enacted, That the several Acts relating to the Provincial Customs, hereinafter mentioned and referred to, that is to say: The Act of the Parliament of Lower Canada, passed in the fourth year of the Reign of His late Majesty King George the Fourth, and intituled, An Act to authorize the Governor, Lieutenant Governor, or person administering the Government of this Province, to restore goods and vessels seized to the proprietor or proprietors, on the terms and conditions therein mentioned ;-and the Act of the said Parliament, passed in the ninth year of the same Reign, and intituled, An Act to authorize the collection of certain Duties at Montreal ;-and the Act of the said Parliament, passed in the second year of the Reign of His late Majesty King William the Fourth, intituled, An Act to extend the provisions of a certain Ait therein muntioned, and to authorize the collection of certain Dutics at Montreal ;-and the Act of the said Parliament, passed in the sixth year of the same Reign, and intituled, An Act to regulale and establish the salaries of the Officers of the Customs at the Inland Ports in this Province, and for other purposes therein mentioned ;—and the Act of the Parliament

of Upper Canada, passed in the fourth year of the Reign of His late Majesty King U.C 4 G. 4. George the Fourth, and intituled, An Act further to regulate by Law the commercial inSees.) Salt

tercourse of the Province of Upper Canada with the United States of America ;-and

the Act of the said Parliament, passed in the same year of the same Reign, intituled, U. C. 4. G. 4, An Act to repeal an Act passeil in the forty first year of his late Majesty's Reign, in(2nd Sess.)

tituled, An Act for granting to His Majesiy, His Heirs and Successors, to and for the uses of this Province, the like Dulics on goods and merchandize, brought into this Province from the United States of America, as are now paid on goods and merchandize imported from Great Britain and other places; and also an Act passed in the forty-third year of His late Majesty's Reign, intituled, An Act to explain and amend an Act passed in the forty-first year of His Majesty's Reign, intituled, An Act for granting to His Majesty, His Heirs and Successors, to and for the uses of this Province, the like Dulies on goods and merchandize, brought into this Province from the United Slates of America, as are now paid on goods and merchandize imported from Great Britain and other places, and to provide more effecłually for the collection and payment of Dulies on goods and merchandize, coming from the United States of America into this Province, and also to establish a fund for the erection and repairing of Light-houses, and to make more effectual provisions for the due collection of Duties on goods imported into this Province ;--, and the Act of the said Parliament, passed in the same year of the same Reign, and intituled, An Act to compensate the services of the Commissioners of Customs ;—and the Act of the said Parliament, passed in the second year of the Reign of His late Majesty King William the Fourth, intituled, An Act to remove doubls respecling the jurisdiction of Commissioners of Customs in this Province ;-and the Act of the said Parliament

,

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c. 11.

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Duties,

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U. C. 4 G. 4. c. 12, (2nd Scos. Commissioners U. C. 2 W. 4, c. 3. Commissioners.

passed

Duties.

c. 31

passed in the seventh year of the same Reign, intituled, An Act to amend the Laws U.C.7 W. relating to the collection of Duties on Imports from the United States into this Province, Collection of and for other purposes there 'n mentioned;—and the Act of the said Parliament, passed in duties, &c. the third year of the Reign of Her present Majesty, Queen Victoria, intituled, An Act U. c. 3. V. c. to regulate the time for making relurns and payments by Collectors and other persons Collectors

. receiving the Public Revenues of this Province, and for other purposes therein mentioned ;-and the Act of the Parliament of this Province, passed in the Session held in the fourth and fifth years of the Reign of Her present Majesty Queen Victoria, and intituled, An Act to exempt from duly all copies of the Holy Scriptures imported into this Province by Canada, 4 and sea ;—and the Act of the said Parliament, passed in the Session last aforesaid, and Holy Scripintituled, An Act to repeal certain Acts therein mentioned, and to consolidate the Laws tures duly on. relating to the Provincial Duties lo be levied on goods, wares and merchandize, imported 5 v. c. 14. into this Province;-and the Act of the said Parliament, passed in the Session last Duties. aforesaid, and intituled, An Act to extend the benefil of the Warehousing System, estab- Canada, 4 and lished by a certain Act of the Imperial Parliament, passed in the Session held in the third W.6.16

Warehousing. and fourth years of His late Majesty's Reign, to Duties imposed by Provincial Acts ;and the Act of the said Parliament, passed in the eighth year of Her Majesty's Reign, and intituled, An Act to continue for a limited time the Act for imposing Duties on Agri- Canada, 8 V. cultural Produce and Live Stock imported into this Province ;-and the Act of the said Dauti Parliament, passed in the same year of Her Majesty's Reign, and intituled, An Act Canada, 8 v. for granting Provincial Duties of Customs ;-and the Act of the said Parliament, passed 03 in the ninth year of Her Majesiy's Reign, and intituled, An Act to alter and amend the Canada, 9 v. Laws imposing Provincial Duties of Customs ;-and the Act of the said Parliament, Cuties. passed in the same year of Her Majesty's Reign, and intituled, An Act for the further Canada, 9 V. prevention of smuggling ;--and so much of the Act of the Parliament of the United Kingdom of Great Britain and Ireland, passed in the Session held in the eighth and ninth Smuggling. years of Her Majesty's Reign, and intituled, An Act to regulate the Trade of British

Imperial Act. Possessions abroad, as imposes any Duties of Customs on any Goods, Wares and 8 and 9 V. c. Merchandize imported into this Province, shall be, and the same are hereby repealed,

Repeal. upon, from and after the day on which this Act shall come into full force and effect, except so far as the said Acts, or any of them, or anything therein contained, repeal Exception. any former Act or Acts, or any part thereof, (and all and every such said Act or Acts or the part thereof so repealed, shall remain and continue so repealed, to all intents and purposes whatsoever); and except so far as relates to any arrears of duties or draw- Exception. backs, which shall have become due and payable, or duties for which Bonds shall have been given, or any penalty or forfeiture which shall have been incurred, under the said Acts hereby repealed, or any of them, or to any offence which shall have been committed contrary to the said Acts or any of them. III . And be it enacted, That in lieu and instead of all other Duties of Customs Duties im

or Provincial, upon Goods, Wares and Merchandize imported into posed by this this Province, there shall be raised, levied, collected, and paid unto Her Majesty, Her lieu of all Heirs and Successors, upon Goods, Wares and Merchandize imported into this Province, Customs the several Duties of Customs respectively inserted, described and set forth in figures in the table to this Act annexed, and intituled, “ Table of Duties of Customs Inwards,” Duties. and that the articles enumerated or mentioned in the table to this Act annexed and intituled

, “ Table of Exemptions,” may be imported without payment of any duty under this Act : Provided always, that the Governor in Council may by any regulation, to be proviso: from tine to time made in that behalf , exempt from duty many article subjected in the compost in

first

93.

whether Imperial

Exemptions.

Council may

exerapt other unenumerated articles.

first mentioned Table to an ad valorem duty as being unenumerated in the said Table; and from the day on which such regulation shall be therein appointed to take effect,

(not being less than one month after the date thereof,) and while such regulation shall Proviso as to remain in force, such article shall be exempt from duty accordingly : Provided also,

that if in any British North American Colony, all articles (except spirits or strong North Ameri- waters) being the growth, produce or manufacture of this Province, shall be exempt which may be from duty on importation into such Colony, then the Governor in Council may exempt exemited on

from duty on importation into this Province, all articles (except spirits or strong waters) being the growth, produce or manufacture of such Colony and imported directly therefrom.

articles from other British

certain condi t10n6.

4 to apply to duties under this Act.

Currency,

IV. And be it enacted, That all sums of money granted or imposed by this Act Weights and

either as duties, penalties or forfeitures, shall be Provincial Currency; and that all Measures.

duties shall be paid and received under this Act, according to British Weights and

Measures in use on the sixth day of July, one thousand eight hundred and twenty-five; Duties to be

and that in all cases wherein the same are imposed according to any specific quantity proportionate

or any specific value, the same shall be deemed to apply in the same proportion to any to quantity or value. greater or less quantity or value.

V. And be it enacted, That the duties imposed by this Act shall be held to be duties Management Act, 8 Vict, c. within the meaning of the Act passed in the eighth year of Her Majesty's Reign, and

intituled, An Act to provide for the Management of the Customs and of matters relative to the collection of the Provinciul Revenue, and shall, as shall all matters and things

thereunto relating, be subject to the provisions of the said Act, and to the regulations Monies levied and orders of the Governor in Council, made or to be made under the authority under this Act, thereof, in so far as the same may not be inconsistent with this Act; and all monies to form part of

arising from such duties or from any penalties hereby imposed, and belonging to Her Majesty, shall be paid over by the officer receiving the same to the Receiver General, and shall form part of the Consolidated Revenue Fund of this Province, and shall be accounted for to Her Majesty, through the Lords Commissioners of Her Majesty's

Treasury for the time being, in such manner and form as Her Majesty shall direct. Regulations

VI. Provided always, and be it enacted, That all regulations and orders made by the and orders not Governor in Council, before this Act shall come into force and effect, under the auwith this Act thority of the said Act or of any other Act relating to the Customs, shall remain in

force, and shall apply to the duties imposed by and things to be done under this Act, in so far as they may not be inconsistent with this Act, until revoked or altered by the Governor in Council, notwithstanding the repeal of any such Act as aforesaid.

the Consolidated Reve nuo E'und.

to remain in force.

Act.

Certain sala

No new ap

VII. Provided also, and be it enacted, That neither the repeal of the Acts hereby pointments of repealed, nor anything in this Act contained, shall be construed to render necessary Officers to be required by any new appointment of the several officers employed in the collection or management Teason of this of, or in any matter relating to, the Provincial Customs, but such officers shall continne

to act in their respective capacities under the provisions of this Act, and of the law, ries and allow. until removed, or permitted to resign, by competent authority,,nor shall anything affected, &c. herein contained be construed to affect the amount of the salary or allowances attached norany provi- to any office connected with the management or collection of the Provincial Duties of Imperial Act, Customs during the time it shall be held by the present incumbent ; or to repeal or except such as impose duties.

affect
any provisions of any Imperial Act, except such only as impose Duties of Customs;

and

ances not

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