The Sun.
London, England, 1838-11-06 00:00:00

CAP. CXII.

An Act for indemnifying those who have issued or acted
under certain parts of a dertain Ordinance made under
colour of an Act passed in the present session of Par-
liament, entitled, " An Act to make temporary provision
for the Government of Lower Canada."

August 16, IE3B.

Whereas, an Act was made this present Session of Par-
t liament, entitled "An Act to make temporary provision for
the Government of Lower Canada :" And whereas a certain
law or ordinance bath been made and published by the Go-
vernor of the said province, by and with the advice and con-
sent of the Special Council, bearing date the 28th day of
June last, entitled " An Ordinance to provide for the se-
curity of the Province of Lower Canada," which ordinance
cannot be justified by law, but was so much intended for the se-
curity of the said province that it is expedient that all persons
advising or acting or in obedience to so much of the
same as relates to the sending of certain persons to
Bermuda, who are stated is the same to have made
certain confessions, and to the subjecting such per-
sons to restraint, should be indemnified by Parliament in the
manner and to the extent hereinafter provided for. Be it
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 all personal actions and suits,
indictments, informations, and all prosecutions and preceed-
ings whatsoever, which have been or shall be prosecuted or
commenced in any court, or before any tribunal in any part of
her Majesty's dominions, against any person or persons for or
by reason of any act, matter, or thing advised, commanded,
appointed, or done in relation to the premises before the pro-
clamation of this Act, in the said province of Lower Canada,
and in the islands of Bermuda respectively, or elsewhere, in
manner hereinafter provided, be, are, and shall be discharged
and made void, by virtue of this Act ; and that if any action
or suit shall be prosecuted or commenced against any person
or persons for any such act, matter, or thing so advised,
commanded, appointed, or done, he, she, or they may plead
the general issue, and give this Act, and the special matter in
evidence; and if the plaintiff or plaintiffs in any action or
suit so to be prosecuted or commenced, except in that part
of Great Britian called Scotland, after the Ist day of Oc-
tober next, shall become nonsuit, or forbear further prosecu-
cution, or suffer discontinuance, or if a verdict pass against
such plaintiff or plaintiff), the defendant or defendants shall
recover his, her, or their double costs, for which he, she, or
they shall have like remedy as in cases where costs by law
are given to defendants ; and if any such action or suit as
aforesaid shall be commenced or prosecuted after the Ist day
of October next in that part of Great Britain called Scotland,
the court before whom such action or suit shall be com-
menced or prosecuted shall allow to the defender the benefit
of the discharge and indemnity hereby provided, and shall
further allow him his double costs of suit in all such cases as
aforesaid.
2. And be it enacted,,that this Act shall be proclaimed in
the said Province of Lower Canada, and in the said Islands
of Bermuda, by the Governor or by the person authorised to
execute the commission of Governor of the said Province,
and of the said Islands respectively, forthwith after he shall
have received a copy of the same from one of her Majesty's
Principal Secretaries of State.