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

purposes last herein-mentioned : Provided always nevertheless,
that if his Majesty, his heirs, and successors, shall, by any act
to be passed after the said by and with the advice
and consent of the Legislative 'Council and Assembly for the
said two Provinces,establish the proportion of duties to be paid
to Upper Canada, or provide other measures for ascertaining
the same, or shall dispense with the necessity of ascertaining
such proportion—then, and from thenceforth, all and every the
provisions herein contained, respecting the appointment of ar-
bitrators, after the said shall cease and de-
termine.—And be it further enacted, That after the said
and until a new proportion of duties to be paid to
Upper Canada, shall be established, or other provision made'
respecting the same as herein before provided, end also at all
times hereafter, in default of any such proportion being ap-
pointed, or provision made, the proportion of duties last assign-
ed to be paid to Upper Canada, under the authority of this act,
shall continue to be paid by the Province of Lower Canada ;
and warrants shall issue for the payment of the same, in the
same manner as fOr the period before the same.
Provided always, That it shall be in the power of the arbitra-
tors, nevertheless, by their subsequent award, to alter such pro-
portion from the period for which it was last established, if it
shall appear to them just so to do.—And be it further enacted,
That from and after the ' , the proportion of duties on
importations by sea into the Province of Lower Canada, which
shall belong to each Province respectively, according to the dis-
tribution to be made under the provisions of this Act, together
with all other revenue which shall be raised in each, shall re-
main in the Treasury thereof to the use of each Province re-
spectively, subject to such Act or Acts of Appropriation, whe-
ther British or Provincial, as at present exist, and to such other
Acts as may be passed,by his Majesty, his heirs, or successors,
by anti with the advice and consent of the Legislative Council
and Assembly of the said two Provinces, for appropriating to
the use of each Province such portion f its revenue respec-
tively, as may by law be at the disposal of the Legislature
thereof.—Provided always, nevertheles, That if his Majesty,
his heirs, or successors, shall, by.any Act to be passed, by and
with the advice and consent of the
_Legislative Council and
Assembly for the said two Provinces, make permanent pro-
vision for the expence of administering justice, and the support
of the said Government in both Provinces, the excess of the re-
venue above such provision, which may thereafter be levied in
both Provinces, and which shall be subject to, the disposal of
the Legislature thereof, may thenceforth, by any Act or Acts
to be passed by his Majesty, his heirs, or successors, by and
with the advice and consent of the Legislative Council and
Assembly of the Canadas be appropriated in common
to the use of both or either of the said Provinces.—
And be it further enacted, That if any person or persons shall
be sued or prosecuted for any thing done or to be done, in pur-
suance of this Act, such person or persons may plead the gene-
ral issue, and give this Act and the special matter in evidence ;
and if the plaintiff or plaintiffs, prosecutor or prosecutors, shall
become nonsuit, or forbear the prosecution, or discontinue his,
her, or their action, or if a verdict shall pass against into, her,
or them, the defendant shall have costs, and shall
have the like remedy for the same as in cases where costs are
by law given to defendants.