36 Vict., c. 41 (Canada)
[Assented to 23rd May, 1873.]
Preamble. WHEREAS by chapter fifteen, title three, of the Revised Statutes of New Brunswick, amended and made permanent by later Acts of the Legislature of that Province, certain duties of export on lumber shipped therefrom, are imposed, the proceeds whereof belong to the said Province, and by section one B.N.A. Act. hundred and twenty-four of "The British North America Act, 1867," it is provided that nothing in that Act shall affect the right of New Brunswick to levy the lumber dues imposed by the said Provincial Act or any Act amending it, before or after the Union;
Treaty Of Washington. And whereas, by article XXX of the Treaty of Washington, it is agreed that for tbe term of years mentioned in article XXXIII, cited, Her Majesty's subjects may carry, in British vessels, without payment (duty, goods, wares and merchandise from one port or place within the territory of the United States, upon the St. Lawrence, the great lakes and the rivers connecting the same, to another port or place within the territory of the United States as aforesaid, provided thaît a portion of such transportation is made through the Dominion of Canada by land carriage, and in bond, under such rules and regulations as may be agreed upon between the Government of Her Britannic Majesty and the Governiment of the United States; and, by Article XXXI of the said Treaty, it is declared that Her Britannic Majesty further engages to urge upon the Parliament of the Dominion of Canada, and the Legislature of New Brunswick, that no export duty, or other duty, shall be levied on lumber or timber of any kind eut on that portion of the American territory in the State of Maine watered by the River St. John, and its tributaries and floated down that river to the sea, when the same is shipped to the United States from the Province of New Brunswick; and that in case any such export or other duty continues to be levied after the expiration of one year from the date of the exchange of the ratifications of the said treaty, it is agreed that the Government of the United States may suspend the right of carrying therein before granted under Article XXX of the said Treaty, for such period as such export or other duty may be levied;
And whereas, the privilege granted by Article XXX of the said Treaty will be of advantage to Her Majesty's subjects in Canada, and tend to facilitate the commerce of the Dominion with the United States, and it is therefore desirable that such arrangements should be made with the Province of New Brunswick respecting the said export duty on lumber as will prevent the suspension of the said privilege, and with that view to offer to the said Province such fair indemnity as will compensate the, present and prospective loss it would sustain by the total repeal of the said export duty and the abandonment of the right to impose any such duty in future,-inasmuch as it would be difficuit to abolish the said duty on lumber cut on American territory only, without incurring great loss and expense and the risk of possible misunderstanding with citizens and authorities of the United States:
Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:-
Additional subsidy if N. B. repeals duty and abandons impose it. 1. If the Legislature of the Province of New Brunswick shall pass an Act providing for the repeal of all duties of export on lumber exported from the said Province, and renouncing and abandoning all right of imposing any such duty thereafter, to the satisfaction of the Governor General, then from the time such repeal shall take place, there shall be paid to the said Province out of the Consolidated Revenue Fund of Canada, and in addition to any subsidy to which the said Province may be then entitled, a subsidy at the rate of one hundred and fifty thousand dollars annually, as indemnity for the loss of such duties and the right to impose the same.