fixteen and fixty in the faid feveral parishes refpectively, and of the time and manner in which he would propofe to carry the faid defign into execution: upon the receipt of which memorial from the faid furveyor-general of the highways, the faid governour and council of the province hall fend proper notice of it to the inhabitants of the parish or parishes, by whofe labour and expence the faid furveyorgeneral shall have proposed to have the said work done, to the end that, if they do not approve it, they may remonftrate against the execution of it before the faid governour and council. And three months fhall be allowed them to make fuch remonftrances against fuch propofal, before it is finally ordered to be carried into execution; at the expiration of which time the faid governour and council fhall take fuch order therein as they fhall think fitting, and, if they shall judge it to be expedient that fuch a bridge should be built, shall make a particular ordinance for that purpose, directing the time and manner in which fuch work fhall be performed, and by whofe labour and at whofe expence it shall be done.

SECT. XXII.

rivers and

of the furveyorsgeneral of the

highways, but.. ordinances of council of

by particular

the governour

the province..

And whereas it may in many places be neceffary to the prefer- The courfes of vation and amendment of the public highways of this province to ftreams of water change the courses of small rivers and ftreams of water; it is hereby hall not be ordained and declared, that this likewife fhall be done by particu- fingle authority lar ordinances of the governour and council of this province inade exprefsly for fuch purpose, and not by the fingle authority of the furveyor-general of the highways. But wherever the furveyorgeneral of the highways of any district in this province fhall judge and it to be neceffary for the public convenience that the courfe of any river, or stream of water, in his district should be changed, he fhall represent the matter to the governour and council of the province in a memorial which he fhall deliver in to them concerning it; and in this memorial he fhall fet forth his reafons for thinking fuch change to be expedient, and a plan of the new channel into which he propofes to turn the water of the faid ftream, or river, and an estimate of the expence and labour of making fuch new channel, and an account of the parish, or parishes, to the inhabitants of which fuch change will be moft efpecially beneficial, and the number

New public highways fhall not be made by the fingle

authority of the

particular ordi

council of the

number of inhabitants in the said parishes, and all the other circumstances that will attend fuch change. And upon the receipt of this memorial the faid governour and council of the province hall fend proper notice of it to the inhabitants of the parish, or parishes, by whofe labour, and at whofe expence the faid furveyor-general fhall have proposed to have the said change made; to the end that, if the faid inhabitants do not approve it, they may remonftrate against the execution of it before the faid governour and council. And three months fhall be allowed them to make these remonftrances before the faid propofal of the faid furveyor-general of the highways is finally ordered to be carried into execution; at the expiration of which time the faid governour and council of the province fhall take fuch order concerning the faid propofal as they think fitting; and, if they fhall judge it to be expedient that such change of the course of the said stream, or river, should be made, fhall make a particular ordinance for that purpose, directing the time and manner in which fuch work fhall be performed, and the perfons by whofe labour and at whose expence it shall be done.

SECT. XXIII.

And wherever it shall be neceffary to make a new public highway either in the ftead of one already fubfifting, or in a place where none has yet been made, whether the faid new public furveyors-gene- highway be a royal or feigneurial highway, or a peafant's road or bye-road; it is hereby ordained and declared, that this likewise nances of the shall be done by a particular ordinance of the governour and governour and council of this province made exprefsly for fuch purpose, and not province. by the fingle authority of the furveyors-general of the highways. This shall be done either upon an application of the inhabitants of any parish in the faid province to the faid governour and council, by a memorial fetting forth their defire that fuch new highway fhould be made, and their readiness to contribute towards the labour and expence of making it; or upon a representation made to the faid governour and council by the furveyor-general of the highways of one of the districts of this province of the advantages that will accrue to the public from a new highway that should pass through such and fuch places: upon either of which applications

the

the faid governour and council of the province fhall take fuch order concerning fuch new, or propofed, highway as shall be fitting, and, if they fhall judge it to be expedient that fuch new highway should be made, shall make a particular ordinance for that purpose, appointing the time and manner of making fuch new highway, and the perfons by whofe labour and at whofe expence it shall be made. And when fuch new highway is made, it fhall ever after be kept in repair in the manner directed by the second and third fections of this ordinance.

NUMBER

An account of the trial at Que

1766, concern

demanded by the crown.

An Account of the Duties that were paid in the Province of QUEBEC during the French Government thereof, on BRANDY, RUM, and WINE, imported into the faid Province, and on DRY GOODS imported into, and exported out of, the fame.

IN purfuance of the inftructions above-mentioned in Number bec in October, XXIV, Page 156, given by the commiffioners of his Majesty's ing the duty on treasury to Thomas Mills, Efquire, his Majefty's receiver-general of British brandy the province of Quebec, in March, 1766, the merchants of the town of Quebec, who had then lately imported wine and brandy into the province, were required by the faid receiver-general of the revenue to pay the king a duty upon the fame according to the rates fet forth in the faid inftructions, to wit, fix pence, fterling, for every gallon of brandy, and ten fhillings, fterling, for every hogfhead of wine; which were declared to have been the rates established on the importation of the fame liquors in the time of the French government. But the merchants refused to pay them. Upon this George Suckling, Efquire, the then attorney-general of that province, by the direction of the faid Thomas Mills, Efquire, his Majefty's receiver-general, filed informations in the fupreme court, or court of king's bench, in that province against fome of the merchants, who had refufed to pay thefe duties, for defrauding the king of the faid duties; to which they pleaded the general plea of Not guilty; and upon this iffue was joined. One of these informations, which was against Mr. Dupré, a French merchant of the town of Quebec, who had imported a large quantity of British brandy, was tried in the month of October, 1766, by a special jury confifting intirely of Englishmen (or fuch as had been his Majefty's fubjects before the conqueft of that province) before Mr. Hey, the new chief justice of the province, who had arrived in the province in the preceding month of September. The trial lafted feveral hours; and the evidence as to the facts in the cause

law

upon this

was strong and clear in favour of the crown, it being clearly proved, in the first place, that Mr. Dupré had imported the quantity of British brandy stated in the information; and, fecondly, that he had refused to pay any duty upon it; and, thirdly (which was the main fact to be proved) that a certain duty, though fomewhat lefs than that which was demanded in the information, had been constantly paid for a great many years past in the time of the French government, and univerfally confidered by the Canadians as legally due to the French king. Confequently the only doubt that The question of remained upon the fubject was concerning the queftion of law, w whether, or no, by the conqueft of the country by the British arms in 1759 and 1760, and the fubfequent intire ceffion of it to the king of Great Britain by the definitive treaty of peace in February, 1763, the king of Great Britain became lawfully intitled to the fame duties upon British brandy imported into the province, as had been legally due and paid to the French king upon French brandy imported into it immediately before the conqueft. As this was a The chief jufpoint of law of great novelty and difficulty, the chief juftice ex- jury to find a horted the jury to find a special verdict, if they were satisfied with special verdiet, the evidence by which the facts of the caufe had been fupported, that he might himself have full time to confider and examine it before he pronounced his judgement upon it, and that it might afterwards undergo the more able difcuffion of his Majefty's principal judges in England upon a removal of the proceedings by writ of But they find a error, or appeal, before his Majefty in council. But the jury found verdict for the a verdict for the defendant. The fubftance of the evidence produced and delivered on the part of the crown upon this trial was as produced and follows:

tice exhorts the

defendant.

An account of the evidence

'delivered on the part of the crown at this trial,

upon wine,

In the first place it plainly appeared that there had been established The old in this province for a great many years paft the following duties on French duties liquors imported into it from Old France and the other dominions brandy, and of the French king; to wit,

First, Nine French livres, or 7s. 6d, sterling, upon every barrique, or hogfhead of wine,

Secondly, Sixteen French fols and eight deniers, or eight pence and of a penny, fterling, upon every veldt, or measure containing two gallons, of brandy,

And

rum.