The Sun.
London, England, 1822-06-24 00:00:00

szonsent of the Executive Council thereof, may appropriate and
:apply, towards defraying the expence of. administering justice
and support of the Government in each Province, the whole
Revenue of such Province which may be received before, and
until the , unless his Majesty, his heirs, or suc-
cessors, shall, by any Act or Acts passed by and with the
advico.and consent of the Legislative Council and Assembly of
the-Canadas, make provision for appropriating such parts of the
said Revenue as would by Law have been at the disposal of the
Legislature of either of the said Provinces respectively, had this
Act not been passed. Provided always, That nothing herein con-
tained shall be taken to vary or repeal anyappropriation already
made by any Act in force in either Province, and chargeable
upon the Revenue thereof respectively, but thati the same shall
-:be duly observed, so far as it is consistent with the provisions of
this. Act :- provided also, that nothing in this Act contained
shall be taken or extend to vary henceforward the mode of ap:
propriating or disposing of any duty or revenue which may
hereafter be raised under British Acts of , Parliament now
in force in either Province. And whereas, since the
division of the ,Province of Quebec into the Provinces of
the said Provinces respectively, by and with the advice and
144er and Upper Canada, divers regulations have from
time to time been made by agreements concluded under
the authority of Acts passed by the Legislature of the said two
Provinces respectively concerning the imposing of duties upon
articles imported into the port of Quebec in the Province of
Lower Canada, and the payment of drawbacks of such duties
to the Province of Upper Canada on account of the proportion
of goods so imported into Quebec, and passing from thence
into the said Province of Upper Canada, and consumed therein,
the last of which agreements expired on the first day of July,
one thousand -eight hundred and nineteen. And whereas it ap-
pears by the Report of the Commissioners last appointed for the
purpose aforesaid, that the Province of Upper Canada claims cer-
tam arreriages from the Province of Lower Canada on account
of such drawbacks, which claims are not admitted on the part
:of the Province of Lower Canada. And it further appears by
the Report of the said Commissioners appointed on behalf of
both Provinces for the purposes aforesaid, that they have failed
to establish any regulation for the period beyond the first day
of July, one thousand eight hundred and nineteen, by reason
that they could not agree upon the proportion of duties to be
-paid to Upper Canada, by way of drawbacks for remedy of the
inconvenience occasioned by the suspension of the said
Agreement, and for the satisfactory investigation and ad-
justment of the said claims : be it enacted, That it shall and
:maybe lawful for the Goverrior Lieutenant Governor or person
Administering the Government of each of the said Provinces of
Upper and Lower Canada,' so soon as conveniently may be
After the , to appoint
by commission under the Great Seal of their respective
Provinces one arbitrator, and that the said arbitrators so
appointed shall have power by an instrument under their hands
and 'seals to appoint a third arbitrator, and in case of their not
Agreeing inettch appointment within one month from the date
.of the appointment of the arbitrators so directed to be made
•on the part of the respective Provinces, or the last thereof; if
• the said appointments shall not be made on the same day, his
31ajesty, his.heirs, or successors, shall have power by an in-
strument under his Sign Manual to appoint such third arbi-
. trator, who (if appointed in manner last mentioned) shall
. not be an °inhabitant of either of the said Provinces, and
• that the three arbitrators so appointed as aforesaid shall
. power rto hear and determine all claims of the Province of
Upper Canada upon the Province of Lower Canada, on account
of drawbacks or proportion of duties accruing under agree-
ments made and ratified by the authority of the LegiSlature of
the said two Provinces, according to the fair understanding and
construction of the said agreements ; and also to hear any
claim which may be advanced on the part of the Province of
Upper Canada to a proportion of duties accruing under British
Acts of Parliament, which are not embraced within the terms
-of any provisional agreement, and to report the particulars of
any such claim, with the evidence thereupon, to the Lords
Commissioners of his Majesty's Treasury for the time being ;
• and if it shall eppear to the Commissioners of his Majesty's
.Treasury, that any sum is justly due from the Province of
Lower Canada to the Province of Upper Canada on account of
such claim, they shall signify the same, together with the
amount, to the Governor or person administering the Govern-
ment of the Province of Lower Canada for the time being, who
shall thereupon issue his warrant upon the Receiver-General of
Lower Canada to pay such amount to the Receiver-General of
Upper Canada, in full discharge of any such claim.—And be it
further enacted, That the said arbitrators shall have power to
send for and examine such persons, papers, and records as they
shall judge necessary for their information in the matters referred
to them, and that if any person or persons shall refuse or ne-
glect to attend the said arbitrators, or to produce before them
any papers or documents, having been duly served in either
province with reasonable notice in writing for that purpose, he,
sae, or they, shall forfeit and pay the sum of
to be recovered by bill, plaint, or information, in
any Court having competent jurisdiction, within the province
in which such person usually resides, to be applied towards the
- support of the Civil Government of the said Province, and to be
..accounted foito his Majesty through the Lords Commissioners
-of his Majesty's Treasury for the time being, in such manner
-.:and form as it shall please his Majesty to direct.—And he it
further enacted, that the witnesses to be produced before the
- said arbitrator, if it is desired by either of the said arbitrators,
shall and may be sworn before any of his Majesty's Justices of
the Peace within either of the said Provinces; or before any
one of the said arbitrators, who are hereby empowered jointly
or severally to administer such oath ; and that it' any person
shall in any such oath, so taken as aforesaid, wilfully forswear
himself, he shall be deemed guilty of • -
And he it further enacted, That in case of the death, removal,
or incapacity of either of the said arbitrators, before making an
award, or in case the third arbitrator- chosen or appointed as
aforesaid shall refuse to act, another shall be appointed in his
stead, in the same manner as such arbitrator so dead, removed,
or becoine incapable, or refusing to act as aforesaid, was
. originally appointed ; and that in case a third arbitrator shall
be appointed by his Majesty, es herein before mentioned, it
shall and may be lawful for the Governor in chief in and over
the said Province, to determine the amount of remuneration to
be paid to such arbitrator, which amount shall be defrayed in
• equal proportions by each Province, and shall be paid by war-
rants, to be issued for that purpose by the Governor, Lieuten-
. ant-Governor, or person administering the go'vernment.of each
Province, upon the Receiver-General thereof, respectively.—
. And be it further enacted, that the award of the majority of the
said arbitrators shall be final and conclusive as 'to all matters
therein contained; and that if either of the arbitrators nonlina-
ted by the Governor of either of the said Provinces shall refuse
: or neglect to attend, on due notice being given, the two remain-
ing arbitrators may proceed' to hear and determine the mattersreferred to them in the same manner as if he were present.—
_And be it further enacted, That the said arbitrators, or a majo-
rity of ;hem, as herein before mentioned, shall certify the award
to be made by their in the premises under their hands and seals,
to the Commissioners of his Majesty's Treasury of the Unite)
Kingdom of Great Britain and Ireland, and to the Governor,
Lieutenant-Governor, or person administering the government
• of each .of the said Provinces ; and that if any sum be directed
by the said award to be paid to the. Province of Upper Canada
by the Province of Lower Canada, it shall and may be lawful
. for the Governor, Lieutenant-Governor, or person administering
the Government of the said Province of Lower Canada, and he
is hereby required to issue his Warrant upon a Receiver-Ge-
neral of the Province of Lower Canada in favour of the Re-
. ceiver-General of the Province of Upper Canada for the sum
so awarded, which sum shall be accordingly paid by the Re-
ceiver-General of Lower Canada, in discharge of such War-
. rant, and shall be accounted for by bim to the Lords Commis-
sioners of his Majesty's Treasury for the time being; in such
manner and form as his Majesty, his heirs and successors shall
•be graciously pleased to direct : And be it further enacted,
_that of all duties which have been levied in the Province of
. Lower Canada since the upon any. goods,
wares, merchandize, or commodities, imported by sea into the
.Province of Lower Caneada, and also of all duties which after
.the passing of this. Act,, and before the shall
.be levied in the Province of Lower Canada upon any goods,
- wares, merchandizes, or• commodities, imported by sea into the
. said Province of Lower Canada, the Province of Upper Canada
. shall be entitled to have and receive as the proportion of duties
arising, and due to the said Province of Upper Canada upon such
importations, and that the Governor, Lieutenant-Governor, or
.person administering the Government of the Province of Lower
Canada, shall and may issue his Warrant forthwith upon the
,Receiver-General of Lower Canada, in favour of the Receiver-
• General of the Province of Upper Canada for such proportion
of the duties as shall have been received in the Province of
Lower Canada before the passing of 'the Act, and shall and
may, on the and the in each and every
.year thereafter, issue his warrant upon the Receiver-General of
.Lower Canada in like manner for die payment to the Reciver-
-General of Upper Canada, oisuch sum as may be then aseer-
aained to be, due on account of the said proportion, according to
ethe provisions of this Act.—And be it further enacted, That
-immediately after the said e the proportion to be
~paid to Upper Canada for the years next succeed-
ing, of duties levied in the Province of tower Canada upon
„goods, wares, and commodities imported therein by sea, shall
and may be ascertained by the award of arbitrators, to be ap-
pointed in the same manner and with the same powers as here-
. inbefore provided with respect to the arbitrators to whom the
• question of arrears is to be referred, and that arbitrators shall
in like manner be appointed, and an award made once in
,every years thereafter, for the purpose of establish-
ing such prerportion from time to time, and all and every the
provisions. •contained.in this Act respecting the appointment,
e powers, and remuneration of the arbitrators to be first appointed
after the passing thereof, and regarding the execution of their duty,
-flail apply and extend to the.arbitrators to be appointed for the