perform any such process, writ, order, judgment, decree, or act of the said courts, or shall resist or oppose the execution thereof, it shall and may be lawful for the said Justices of the Peace or Commissioners, and they or any of them are and is hereby required, on the same being proved before him, by the oath or affidavit of one credible witness, to commit the said person or persons so offending as aforesaid to custody, in order to his or their being conveyed to Upper Canada; and that it shall be lawful for any such Justice of the Peace or Commissioner, or any person or persons acting under his authority, to convey or cause to be conveyed such person or persons so offending as aforesaid to Upper Canada, in pursuance of such process, writ, order, decree, judgment, or act, and such person and persons shall be committed to gaol by the said court, on his, her, or their being so brought into the said Province of Upper Canada, by which such process, writ, order, decree, judgment, or act was issued, made, delivered, given, or done, until a final judgment or decree shall have been pronounced in such suit, and shall have been duly performed, and all costs paid, in case such person or persons shall be a party or parties in such suit, or until the trial of such suit shall have been concluded, in case such person or persons shall be a witness or witnesses therein: provided always, that if any person or persons so apprehended as aforesaid shall enter into a bond recognizance to any such Justice of the Peace or Commissioner, with 2 sufficient sureties, to the satisfaction of such Justice of the Peace or Commissioner, or the said courts, conditioned to obey and perform such process, writ, order, judgment, decree or act as aforesaid, then and in such case it shall and may be lawful for the said Justice of the Peace or Commissioner, or the said Courts, to discharge such person or persons out of custody.

IX. And be it further enacted, that in case such person or persons shall not perform and fulfil the condition or conditions of such recognizance, then and in such case it shall and may be lawful for any such Justice or Commissioner, and he is hereby required, to assign such recognizance to the plaintiff or plaintiffs, in any suit in which such process, writ, order, decree, judgment, or act shall have been issued, made, delivered, given, or done, who may maintain an action in the said courts in his own name against the said sureties, and recover against such sureties the full amount of such loss or damage as such plaintiff shall prove to have been sustained by him, by reason of the original cause of action in respect of which such process, writ, order, decree, judgment, or act of the said courts were issued, made, delivered, given, or done as aforesaid, notwithstanding anything contained in any charter granted to the said Governor and Company of Adventurers of England trading to Hudson's Bay.

X. And be it further enacted, that it shall be lawful for His Majesty, if he shall deem it convenient so to do, to issue a Com

mission or Commissions to any person or persons to be and act as Justices of the Peace within such parts of America as aforesaid, as well within any territories heretofore granted to the Company of Adventurers of England trading to Hudson's Bay, as within the Indian territories of such other parts of America as aforesaid; and it shall be lawful for the Court in the Province of Upper Canada, in any case in which it shall appear expedient to have any evidence taken by Commission, or any facts or issue, or any cause or suit ascertained, to issue a Commission to any 3 or more of such Justices to take such evidence, and return the same, or try such issue, and for that purpose to hold courts, and to issue subpoenas or other processes to compel attendance of plaintiffs, defendants, jurors, witnesses, and all other persons requisite and essential to the execution of the several purposes for which such Commission or Commissions had issued, and with the like power and authority as are vested in the courts of the said province of Upper Canada; and any order, verdict, judgment, or decree that shall be made, found, declared, or published by or before any court or courts held under and by virtue of such Commission or Commissions, shall be considered to be of as full effect, and enforced in like manner, as if the same had been made, found, declared or published within the jurisdiction of the Court of the said Province; and at the time of issuing such Commission or Commissions shall be declared the place or places where such Commission is to be opened, and the courts and proceedings thereunder held; and it shall be at the same time provided how and by what means the expenses of such Commission, and the execution thereof, shall be raised and provided for.

XI. And be it further enacted, that it shall be lawful for His Majesty, notwithstanding anything contained in this Act, or in any Charter granted to the said Governor and Company of Adventurers of England trading to Hudson's Bay, from time to time, by any Commission under the Great Seal, to authorize and empower any such persons so appointed Justices of the Peace as aforesaid, to sit and hold Courts of Record for the trial of criminal offences and misdemeanours, and also of civil causes; and it shall be lawful for His Majesty to order, direct, and authorize the appointment of proper officers to act in aid of such Courts and Justices within the jurisdiction assigned to such Courts and Justices in any such Commission; anything in this Act, or in any Charter of the Governor and Company of Merchant Adventurers of England trading to Hudson's Bay, to the contrary notwithstanding.

XII. Provided always, and be it further enacted, that such Courts shall be constituted, as to the number of Justices to preside therein, and as to such places within the said territories of the said Company, or any Indian territories, or other parts of North America as afore

said, and the times and manner of holding the same, as His Majesty shall from time to time order and direct; but shall not try any offender upon any charge or indictment for any felony made the subject of capital punishment, or for any offence or passing sentence affecting the life of any offender, or adjudge or cause any offender to suffer capital punishment or transportation, or take cognizance of or try any civil action or suit, in which the cause of such suit or action shall exceed in value the amount or sum of 2007.; and in every case of any offence subjecting the person committing the same to capital punishment or transportation, the Court or any judge of any such court, or any Justice or Justices of the Peace, before whom any such offender shall be brought, shall commit such offender to safe custody and cause such offender to be sent in such custody for trial in the Court of the Province of Upper Canada.

XIII. And be it further enacted, that all judgments given in any civil suit shall be subject to appeal to His Majesty in Council, in like manner as in other cases in His Majesty's Province of Upper Canada, and also in any case in which the right or title to any land shall be in question.

XIV. And be it further enacted, that nothing in this Act contained shall be taken or construed to affect any right, privilege, authority, or jurisdiction which the Governor and Company of Adventurers trading to Hudson's Bay are by law entitled to claim and exercise under their charter; but that all such rights, privileges, authorities, and jurisdictions shall remain in as full force, virtue, and effect, as if this Act had never been made; any thing in this Act to the contrary notwithstanding.

ACT of the British Parliament, "to regulate the Trade of British Possessions abroad."

[8 & 9 Vict. cap. 93.]

[August 4, 1845.] WHEREAS an Act was passed in the Session of Parliament holden in the 3rd and 4th years of the reign of King William IV, [c. 59,] intitutled "An Act to regulate the Trade of the British Possessions abroad," whereby the laws of Customs in relation to the trade of the British possessions abroad were consolidated: and whereas since the passing of the said Act divers Acts and parts of Acts for the further amendment of the law in that respect have been found necessary, and it will be of advantage to the trade and commerce of the country that the said Acts and parts of Acts should be consolidated into one Act: be it therefore enacted by the Queen's Most Excellent Majesty, by

and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, that from and after the passing of this Act the same shall come into and be and continue in full force for all the purposes therein mentioned, except where any other commencement is herein particularly directed.

II. And be it enacted, that no goods shall be imported into, nor shall any goods, except the produce of the fisheries in British ships, be exported from any of the British possessions in America by sea from or to any place other than the United Kingdom or some other of such possessions, except into or from the several ports in such possessions, called "Free Ports," enumerated or described in the table following (that is to say);

And if any goods shall be imported into any port or place in any of the said possessions contrary hereto, such goods shall be forfeited: provided always, that if Her Majesty shall deem it expedient to extend the provisions of this Act to any port or ports not enumerated in the

said table, it shall be lawful for Her Majesty, by Order'in Council, to extend the provisions of this Act to such port or ports; and from and after the day mentioned in such Order in Council all the privileges and advantages of this Act, and all the provisions, penalties, and forfeitures therein contained (subject nevertheless to the limitations and restrictions hereinafter provided) shall extend, and be deemed and construed to extend, to any such port or ports respectively as fully as if the same had been inserted and enumerated in the said table at the time of passing this Act; provided also, that nothing hereinbefore contained shall extend to prohibit the importation or expor tation of goods into or from any ports or places in Newfoundland or Labrador in British ships: provided also, that it shall be lawful to import from the islands of Guernsey and Jersey in British ships into any port or place in the British possessions in North America, at or from whence the British fisheries in North America are carried on, any sort of craft, food, victuals (except spirits), and any sort of clothing and implements and materials fit and necessary for the said fisheries, although such port or place be not a free port.

III. And whereas there are in the said possessions many places situated in rivers and in bays at which it may be necessary to establish ports for particular and limited purposes only; be it therefore enacted, that it shall be lawful for Her Majesty, in any Order in Council made for the appointment of any free port, to limit and confine such appointments respectively to any and such purposes only as shall be expressed in such Order.

IV. And whereas by the law of navigation foreign ships are permitted to import into any of the British possessions in Asia, Africa, or America, from the countries to which they belong, goods the produce of those countries, and to export goods from such possessions to be carried to any foreign country whatever: and whereas it is expedient that such permission should be subject to certain conditions; be it therefore enacted, that the privileges thereby granted to foreign ships shall be limited to the ships of those countries which, having colonial possessions, shall grant the like privileges of trading with those possessions to British ships, or which, not having colonial possessions, shall place the commerce and navigation of this country, and of its possessions abroad, upon the footing of the most favoured nation, unless Her Majesty, by her Order in Council, shall in any case deem it expedient to grant the whole or any of such privileges to the ships of any foreign country, although the conditions aforesaid shall not in all respects be fulfilled by such foreign country: provided always, that no foreign country shall be deemed to have fulfilled the before-mentioned conditions, or to be entitled to the privileges aforesaid, unless and until Her Majesty shall, by some Order or Orders by her made or to be made by the advice of her