From and after the publication of this ordinance, no person shall, under any pretence whatever, send or carry any goods, wares, merchandize, or provisions, for the purpose of trading, above the foot of the Long Fall on the River Outawais, or than St. Regis on the Iroquois River, or into any other parts of the province upon lands not granted by his majesty, without a pass or permit in writing for the same, to be signed by the governor, lieutenant governor, or commander in chief of the province for the time being, under a penalty of fifty pounds; which shall and may be sued for, at any time within the space of twelve calendar months from the time of committing the offence, but not after, by information before any two or more commissioners of the peace, who are hereby authorized and required to hear and determine such information, in a summary manner, and upon the oath of one credible witness (being some other than the informer himself) and to levy the said penalty, and the costs of suing for the same, by a warrant to seize and sell the goods and lands of the offenders, and for want of goods or lands whereon to levy the same, to commit the offender or offenders to the common goal, there to remain, without bail or mainprize, until the said penalty and costs shall be paid and satisfied, or the party otherwise discharged by due course of law.
And further it shall and may be lawful for any person, having a warrant for that purpose under the hand and seal of any one commissioner of the peace, or of any of his majesty's commandants of the different posts or forts in this province, at present established, or hereafter to be established, who are hereby authorized and required to issue such warrant or warrants, to seize all such goods, wares, merchandize, or provisions as may be carried beyond the said limits, contrary to the directions of this ordinance ; and all and every the boats, battoes, canoes, or other carriages whatsoever made use of in the transporting or conveyance of such goods, wares, merchandize, or provisions ; together with the apparel and furniture of such boats, battoes, or canoes, and the horses or cattle belonging to such carriages; and to proceed against the same by information, within the space of six months, in manner herein before mentioned, before any two or more commissioners of the peace, who are hereby authorized and required to determine the same in manner aforesaid: and in case of condemnation, where no appeal shall be made from the same, or where no security shall be given for prosecuting any appeal in the manner herein after directed, or where, on such appeal, the said sentence of condemnation shall be confirmed, to cause the whole of the said seizure to be sold, and the moneys arising therefrom, after deducting all reasonable charges, to be divided as herein after directed.
If the owner or owners of any such goods, wares, merchandizes, or provisions so seized, or the person or persons intrusted with the same, shall give good and sufficient security for producing the same, or paying or accounting for the value of them, in case of condemnation, such owner or owners,
person or persons intrusted as aforesaid, shall recover the possession of all such goods so seized.
All commandants of posts, not being commissioners of the peace, are hereby required to send such security, together with all informations and papers relative to such seizure, and for want of such security, to send the goods, wares, merchandizes, provisions, boats, battoes, canoes, or other carriages so seized, together with a certificate of the cause of seizure, to the commissioners of the peace residing nearest the place where such seizure shall be made, who shall proceed therein in manner herein before mentioned.
If any person or persons shall think him or themselves aggrieved by the judgment or determination of the said commissioners of the peace, it shall and may be lawful for such person or persons to appeal therefrom, at any time within twelve months from the time of giving such judgment or determination, to the governor and council of this province, any five or more of whom (the commissioners of the peace who shall have given such judgment or determination only excepted) with the governor, lieutenant-governor, or chief justice, shall constitute a court of appeals for that purpose ; who are hereby authorized fully to examine into the grounds and nature of the appeal, and the judgment or determination of the said commissioners of the peace to reverse, or affirm, according to the opinion of the major part of the said court of appeals :—and in case the same shall be reversed, the appellant shall be restored to all that he has lost by such seizure and condemnation, and be allowed such costs and charges as the said court shall award and adjudge.
But no person shall be intitled to such appeal, unless he shall have first given good and sufficient security for prosecuting the same, and paying all such condemnation money and costs, as shall be awarded by the court of appeals, in case the judgment and determination of the commissioners of the peace shall be affirmed.
Upon such security so given, the levying of the penalty, and the sale of the goods, wares, merchandizes, boats, battoes, canoes, or other carriages seized, shall be suspended, and be made to abide the final determination and judgment of the court of appeals.
All penalties and forfeitures recovered by virtue of this ordinance, shall be divided and applied in the manner following, that is to say, after deducting the charges of prosecution from the gross produce thereof, one moiety of the net proceeds shall be paid into the hands of the receiver general of this province, for the use of the king's majesty, and the other moiety to the person or persons who shall seize inform and sue for the same.
Ordained and enacted by the authority aforesaid, and passed in council under the Great Seal of the province, at the council chamber in the castle of St. Lewis, in the city of Quebec, the twenty-ninth day of March, in the seventeenth year of the reign of our sovereign Lord GEORGE the Third, by the grace of GOD of Great-Britain, France, and Ireland, King, defender of the faith, and so forth, and in the year of our LORD one thousand seven hundred and seventy-seven.
By HIS EXCELLENCY'S Command,
J: WILLIAMS, C.L.C.
PETITION FOR RENEWAL OF LEASE OF KING'S POSTS.
CANADIAN ARCHIVES, Q. 24
To the Honorable Henry Hamilton Esquire, Lieutenant Governor and Commander in Chief in and Over His Majesty's Province of Quebec, &c.
The Memorial of Thomas Dunn, William Grant, and Peter Stuart Esqrs. Lessees of the Posts of the Kings Domain situated on the North side of the River Saint Laurence.
That your Memorialists became possessed of the Right to the trade with the Indians at the Kings Posts in virtue of Lease bearing date the Twentyeth day of September 1762. That since that period they have been at very great charge & trouble in supporting their trade and in their care of the Indians, residing in and near and resorting to the said Domain and Posts.
That at their sole expence, they have carefully attended to, supported and maintained the aged, and infirm, the Widows and Orphans; the distressed Indians residing on the King's Domain have been relieved and supported by your memorialists, without becoming a burthen or expence to Government, and which Your Honor must be sensible is not the case with any tribe of the Indians in the Province except those above mentioned, and this they have done without obligatory conditions expressed in their lease, and by it they hoped to have obtained the most ample protection when in their occupancy, and the favor of the Crown to continue its lessees on a renewed lease when the first expired.
His Majesty is pleased by the Terms of Your Memorialists Lease to assure
to them a peaceable, secure and uninterrupted enjoyment of the benefit of their situation in Trade as His Lessees, they have been permitted to remain on the Domain as Lessees for five years after the expiration of their Lease, and they have supported the Indians during the late Rebellion & War without expence to the Crown, and it was with reason they claimed a merit to its favor in continueing Lessees, upon a renewed lease, so soon as public tranquility was restored to the Province.
Your Memorialists beg your Honor to believe, what they can support with full testimony, that during the late Rebellion, they were not only interrupted in their Commerce by the frequent and almost continual depredations of American Armed vessels, and their crews, but they have been plundered of their property to a sum exceeding three thousand Pounds Sterling, they however remained in possession, performed the conditions of their Old Lease, and supported the Indians, in the dayly expectation of Peace, and in the firm relyance on the political justice of Government, and the favor and reward of His Majesty in continueing their possession by a renewed and long lease.
Your Memorialists, as consequent to their possession claim, and expectations, were under the necessity to keep a constant and sufficient quantity of Goods and Provisions at the Posts to supply the wants of the Indians, and prevent their occasioning that trouble & expence to the Crown, that all other Tribes have done in this Province; those objects Your Memorialists pursued & these Services performed to Government at the risque of their own ruin, in effect to a very considerable loss and distress, after the expiration of their Lease.
Your Memorialists pray that Your Honor will take into consideration their situation and their reasonable right to Petition His Majesty for a Renewal of their lease, as a justice due to their sufferings & losses, and claim to the Kings favor for their services.
That Your Honor will be pleased to Grant unto Your Memorialists, a renewal of the Lease of the said posts for One Year, from the first day of October next, and for nine years afterwards if the same should not meet His Majesty's disapprobation, to be signified by the Right Honble. the Lords Commissioners of His Majesty's Treasury. And that Your Honor will do Justice to their prayer & claims, by that representation of their situation & petition. which reason & merit may entitle them to expect with Justice from His Majesty's Government, under your Honors Command
And Your Petitioners shall as in duty bound
DAVID ALEXR. GRANT Atty to
Quebec, 14th May, 1785.