The Labrador Boundary


Privy Council Documents


Volume I
Contents




Such fresh Grants, not to bar any Right or Title to the Lands.

18 Geo. III, Cap. 12, recited.

This Act not to prevent the Operation of any Act of Parliament, extablishing Prohibitions or imposing Duties for the Regulation of Navigation and Commerce, etc.

Such Duties to be applied to the Use of the respective Provinces.

His Majesty in Council to fix and declare the Commencement of this Act, &c.

Time for issuing the Writs of Summons and Election, &c. not to be later than Dec. 31, 1792.

Between the Commencement of this Act, and the First Meeting of the Legislative Council and Assembly temporary Laws may be made.


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that he, she, or they is or are desirous of holding the same in Free and Common Soccage, such Governor or Lieutenant Governor, or Person administering the Government, shall thereupon cause a fresh Grant to be made to such Person or Persons of such Lands, to be holden in Free and Common Soccage.

     XLV. Provided nevertheless, and be it further enacted by the Authority aforesaid, That such Surrender and Grant shall not avoid or bar any Right or Title to any such Lands so surrendered, or any Interest in the same, to which any Person or Persons surrendering the same, shall have been entitled, either in Possession, Remainder, or Reversion, or otherwise, at the Time of such Surrender; but that every such Surrender and Grant shall be made subject to very such Right, Title, and Interest, and that every such Right, Title, or Interest shall be as valid and effectual as if such Surrender and Grant had never been made.

     XLVI. And whereas by an Act passed in the Eighteenth Year of the Reign of His present Majesty, intituled, An Act for removing all Doubts and Apprehensions concerning Taxation by the Parliament of Great Britain, in any of the of the Colonies, Provinces, and Plantations in North America, and the West Indies; and for repealing so much of an Act, made in the Seventh Year of the Reign of His present Majesty, as imposes a Duty on Tea imported from Great Britain into any Colony or Plantation in America, or relates thereto it has been declared, "That the King and Plantations in North America or the West Indies, except only such Duties as it may be expedient to impose for the Regulation of Commerce, the Net Produce of such Duties to be always paid and applied to and for the Use of the Colony, Province, or Plantation in which the same shall be respectively levied, in such Manner as other Duties collected by the Authority of the respective General Courts or General Assemblies or such Colonies, Provinces, or Plantations are ordinarily paid and applied:" And where as it is necessary, for the general Benefit of the British Empire, that such Power of Regulation of Commerce should continue to be exercised by His Majesty, His Heirs or Successors, and the Parliament of Great Britain, subject nevertheless to the Condition herein-before recited, with respect to the Application of any Duties which may be imposed for that Purpose: Be it therefore enacted by the Authority aforesaid, That nothing in this Act contained shall extend, or be construed to extend, to prevent or affect the Execution of any Law which hath been or shall at any Time be made by His Majesty, His Heirs or Successors, and the Parliament of Great Britain, for establishing Regulations of Prohibitions, or for imposing, levying, or collecting Duties for the Regulation of Navigation, or for the Regulation of the Commerce to be carried on between the said Two Provinces, or between either of the said Provinces and any other Part of His Majesty's Dominions, or between either of the said Province and any Foreign Country or State, or for appointing any directing the payment of Drawbacks of such Duties so imposed, or to

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give to His Majesty, His Heirs or Successors, any Power or Authority, by and with the Advice and Consent of such Legislative Councils and Assemblies respectively, to vary or repeal any such Law or Laws, or any Part thereof, or in any Manner to prevent or obstruct the Execution thereof.

     XLVII. Provided always, and be it enacted by the Authority aforesaid, That the Net Produce of all Duties which shall be so imposed shall at all Times hereafter be applied to and for the Use of each of the said Provinces respectively, and in such Manner only as shall be directed by any Law or Laws which may be made by His Majesty, His Heirs or Successors, by and with the Advice and Consent of the Legislative Council and Assembly of such Province.

     XLVIII. And whereas, by Reason of the Distance of the said Provinces from this Country and of the Change to be made by this Act in the Government thereof, it may be necessary that there should be some Interval of Time between the Notification of this Act to the said Provinces respectively, and the Day of Commencement within the said Provinces respectively: Be it therefore enacted by the Authority aforesaid, That it shall and may be lawful for His Majesty, with the Advice of His Privy Council, to fix and declare, or to authorize the Governor or Lieutenant Governor of the Province of Quebec, or the Person administering the Government there, to fix and declare the Day of the Commencement of this Act within the said Provinces respectively, provided that such Day shall not be later than the Thirty-first Day of December in the Year of our Lord One thousand seven hundred and ninety-one.

     XLIX. And be it further enacted by the Authority aforesaid, That the Time to be fixed by His Majesty, His Heirs or Successors, or under his or their Authority, by the Governor, Lieutenant Governor, or Person administering the Government in each of the said Provinces respectively, for issuing the Writs of Summons and Elections, and calling together the Legislative Councils and Assemblies of each of the said Provinces respectively, shall not be later than the Thirty-first Day of December in the Year of our Lord One thousand seven hundred and ninety-two.

     L. Provided always, and be it further enacted by the Authority aforesaid, That during such Interval as may happen between the Commencement of this Act, within the said Provinces respectively, and the First Meeting of the Legislative Council and Assembly of each of the said Provinces respectively, it shall and may be lawful for the Governor or Lieutenant Governor of such Province, or for the Person administering the Government therein, with the Consent of the major Part of such Executive Council as shall be appointed by His Majesty for the Affairs of such Province, to make temporary Laws and Ordinances for the good Government, Peace, and Welfare of such Province, in the same Manner, and under the same Restrictions, as such Laws or Ordinances might have been made by the Council for the Affairs of the Province of Quebec, constituted by virtue of the above-mentioned Act of the Fourteenth

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Year of the Reign of His present Majesty; and that such temporary Laws or Ordinances shall be valid and binding within such Province, until the Expiration of Six Months after the Legislative Council and Assembly of such Province shall have been first assembled by virtue of and under the Authority of this Act; subject nevertheless to be sooner repealed or varied by any Law or Laws which may be made by His Majesty, His Heirs or Successors, by and with the Advice and Consent of the said Legislative Council and Assembly.

FINIS.

[1927lab]


 

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