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force in each of the said Provinces respectively, for the term of two years, from and after the commencement of this Act, within such Province, and no longer; but subject nevertheless to be sooner repealed or varied by any Act of the Legislative Council and Assembly of the Province, assented to by His Majesty, His Heirs or Successors.

XVI. Provided always, and be it further enacted by the authority aforesaid, No person obliged to

serve as Returning Of. That no person shall be obliged to execute the said office of Returning Offi- cer more than once cer for any longer time than one year, or oftener than once, unless it shall unless otherwise pro

vided by an Act ot tbe at any time be otherwise provided by any Act of the Legislative Council Province. and Assembly of the Province, assented to by His Majesty, His Heirs or Successors.

Number of Members in each Province.

XVII. Provided also, and be it enacted by the authority aforesaid, That the whole number of Members to be chosen in the Province of Upper Canada, shall not be less than sixteen, and the whole number of Members to be chosen in the Province of Lower Canada, shall not be less than fifty.

XVIII. And be it further enacted by the authority aforesaid, That writs for Regulations for issuthe Election of Members to serve in the said Assemblies respectively, shall in of members be issued by the Governor, Lieutenant Governor, or Person administering serve in the Assem.

blies. His Majesty's Government within the said Provinces, respectively, within fourteen days after the sealing of such instrument as aforesaid, for summoning and calling together such Assembly, and that such writs shall be direc-ed to the respective Returning Officers of the said Districts, or Counties, or Circles, and Towns or Townships, and that such writs shall be made returnable within fifty days at farthest from the day on which they shall bear date, unless it shall at any time be otherwise provided by any Act of the Legislative Council and Assembly of the Province, assented to by His Majesty, His Heirs or Successors; and that writs shall in like manner and form be issued for the election of Members, in the case of any vacancy which shall happen by the death of the person chosen, or by his being summoned to the Legislative Council of either Province, and that such writs shall be made returnable within fifty days at farthest from the day on which they shall bear date, unless it shall at any time be otherwise provided by any Act of the Legislative Council and Assembly of the Province, assented to by His Majesty, His Heirs or Successors; and that in the case of any such vaeancy which shall happen by the death of the person chosen, or by reason of his being so summoned as aforesaid, the writ for the election of a new Mem. ber shall be issued within six days after the same shall be made known to the proper office for issuing such writs of election.

XIX. And be it further enacted by the authority aforesaid, That all and every Returning Officers to the Returning Officers so appointed as aforesaid, to whom any such writs as execute wrats. aforesaid, shall be directed, shall, and they are hereby authorized and required duly to execute such writs.

XX. And be it hereby further enacted by the authority aforesaid, That the By whom the Stora. Members for the several Districts, or Counties, or Circles, of the said Pro. bers are to be cliuseo. vinces respectively, shall be chosen by the majority of Votes of such per

sono

Certain persons not eligible to the Assemblies.

sons as shall severally be,possessed, for their own use and benefit, of lands or tenements within such District, or County, or Circle, as the case shall be, such lands being by them held in freehold, or in fief, or in roture, or by certificate derived under the authority of the Governor and Council of the Province of Quebec, and being of the yearly value of forty shillings Sterling, or upwards, over and above all rents and charges payable out of or in respect , of the same; and that the Members for the several Towns or Townships I / within the said Provinces respectively, shall be chosen by the majority of V Votes of such persons/as either shall be severally possessed, for their own use and benefit, of a dwelling-house and lot of ground in such Town or Township, such dwelling-house and lot of ground being by them held in like manner as aforesaid, and being of the yearly value of five-pounds Sterling, or upwards, or^/as having been resident within the said Town or Township for the space of twelve calendar months next before the date of the writ of summons for the Election, shall bona fide have paid one year's rent for the dwelling house in which they shall have so resided, at the rate of ten pounds Sterling per annum, or upwards.

No person under 21 jrhts of age, kc. capable of voting or being elected;

nor any person attainted forUeason or felony

XXI. Provided always, and be it further enacted by the authority aforesaid, That no person shall be capable of being elected a Member to serve in either of the said Assemblies, or of sitting or voting therein, who shall be a Member of either of the said Legislative Councils, to be established as aforesaid in the said two Provinces, or who shall be a Minister of the Church of England, or a Minister, Priest, Ecclesiastic, or Teacher, either according to the rites of the Church of Rome, or under any other form or profession of religious faith or worship.

XXII. Provided also, and be it further enacted by the authority aforesaid, That no person shall be capable of voting at any Election of a Member to serve in such Assemcly, in either of the said Provinces, or of being elected at any such Election, who shall not be of the full age of twenty-one years, and a natural born subject of His Majesty, or a subject of His Majesty naturalized by Act of the British Parliament, or a subject of His Majesty, having become such by the conquest and cession of the Province of Canada.

XXIII. And be it also enacted by {he authority aforesaid, That no person shall be capable of voting at any Election of a Member to serve in such Assembly, in either of the said Provinces, or of being elected at any such Election, who shall have been attainted for Treason or Felony, in any Court of Law within any of His Majesty's Dominions, or who shall be within any description of persons disqualified by any Act of the Legislative Council and Assembly of the Province, assented to by His Majesty, His Heirs or Successors. ,

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XXIV. Provided also, and be it further enacted by the authority aforesaid, That every Voter, before he is admitted to give his vote at any such Election, shall, if required by any of the Candidates, or by the Returning Officer, take the following oath, which shall be administered in the English or French language, as the case may require:

I, Jl. B. do declare and testify, in the presence of Almighty God, that I

am,

am, to the best of my knowledge and belief, of the full age of twenty-one. years, and that I have not voted before at this Election. And that every such person shall also, if so required as aforesaid, make and to make vath to the

particulars berein speoath, previous to his being admitted to vote, that he is, to the best of his cified, knowledge and belief, duly possessed of such lands and tenements, or of such a dwelling house and lot of ground, or that he has bona fide been so resident and paid such rent for his dwelling house, as entitles him, according to the provisions of this Act, to give his vote at such Election, for the County, or District, or Circle, or for the Town or Township for which he shall offer the same.

XXV. And be it further enacted by the authority aforesaid, That it shall His Majesty may auand may be lawful for His Majesty, His Heirs or Successors, to authorize thorize the Governor to

fix the time and place the Governor, or Lieutenant Governor, or Person administering the Govern- for holding Elections, ment, within each of the said Provinces respectively, to fix the time and place of holding such Elections, giving not less than eight days notice of such time, subject nevertheless to such provisions as may hereafter be made in these respects, by any Act of the Legislative Council and Assembly of the Province, assented to by His Majesty, His Heirs or Successors.

XXVI. And be it further enacted by the authority aforesaid, That it shall and of holding the Sęs. and may be lawful for His Majesty, His Heirs or Successors, to authorize

to authorize sions of tbe Council and

Assembly, &c. the Governor, or Lieutenant Governor of each of the said Provinces respectively, or the Person administering the Government therein, to fix the places and times of holding the first and every other Session of the Legislative Council and Assembly of such Province, giving due and sufficient notice thereof, and to prorogue the same from time to time, and to dissolve the same, by Proclamation or otherwise, whenever he shall judge it necessary or expedient..

XXVII. Provided always, and be it enacted by the authority aforesaid, That Council and Assem. the said Legislative Council and Assembly, in each of the said Provinces, filer once in 12 months,

bly to be called togeshall be called together once at the least in every twelve calendar months, &c. and that every Assembly shall continue for four years from the day of the return of the writs for chusing the same, and no longer, subject nevertheless to be sooner prorogued or dissolved by the Governor or Lieutenant Governor of the Province, or Person administering His Majesty's Government therein.

XXVIII. And be it further enacted by the authority aforesaid, That all ques- nod all questions theretions which shall arise in the said Legislative Councils or Assemblies respec

in to be decided by the

pec. majority of votes. tively, shall be decided by the majority of voices of such Members as shall be present; and that in all cases where the voices shall be equal, the Speaker of such Council or Assembly, as the case shall be, shall have a casting voice.

XXIX. Provided always, and be it enacted by the authority aforesaid, That No Member to sit or

vote till he bas taken no Menmber, either of the Legislative Council or Assembly, in either of the the follow said Provinces, shall be permitted to sit or vote therein, until he shall have

taken

Okth.

Governor may give or withhold His Majesty's assent to bills passed by the Legislative Council and Assembly^ reserve them for His Majesty's pleasure.

Governor to transmit lo the Secretary of Slate, copies of such bills as have been assented to, which His Majesty inCouncil may declare his disallowance of, within two years from the receipt.

taken and subscribed the following oath, either before the Governor or Lieutenant Governor of such Province, or Person administering; the Government therein, or before some person or persons authorized by the said Governor or Lieutenant Governor, or other Person as aforesaid, to administer such oath» and that the same shall be administered in the English or French language, as the case shall require.

I, A. B. do sincerely promise and swear, that 1 will be faithful, and bear true Allegiance to His Majesty King George, as lawful Sovereign of the Kingdom of Great Britain, and of these Provinces dependent on and belonging to the said Kingdom ; and that I will defend him to the utmost of my power against all traitorous conspiracies and attempts whatever which shall be made against his Person, Crown, and Dignity; and that I will do my utmost endeavour to disclose and make known to His Majesty, His Heirs or Successors, all treasons and traitorous conspiracies and attempts which I shall know to be against him, or any of them; and all this I do swear withojut any equivocation, mental evasion, or secret reservation, and renouncing all pardons and dispensations from any person or power whatever to the contrary—So help me God.

XXX. And be it further enacted by the authority aforesaid, That whenever any Bill which has been passed by the Legislative Council, and by the House of Assembly, in either of the said Provinces respectively, shall bo presented, for His Majesty's assent, to the Governor or Lieutenant Governor of such Province, or to the Person administering His Majesty's Government therein, such Governor or Lieutenant Governor, or Person administering the Government, shall, and he is hereby authorized and required to declare, according to his discretion, but subject nevertheless to the provisions contained in this Act, and to such instructions as may from time to time be given in that behalf by His Majesty, His Heirs or Successors, that he assents to such Bill in His Majesty's name, or that he withholds His Majesty's assent from such Bill, or that he reserves such Bill for the signification of His Majesty's pleasure thereon.

XXXI, Provided always, and be it further enacted by the authority aforesai<ft That whenever arty Bill, which shall Jiave been so presented lor His Majesty's assent to such Governor, Lieutenant Governor, or Person administering the Government, shall, by such Governor, Lieutenant Governor, or Person administering the Government, have been assented to in His Majesty's name, such Governor, Lieutenant Governor, or Person as aforesaid, shall, and he is hereby required, by the first convenient opportunity to transmit to one of His Majesty's principal Secretaries of State, an authentic copy of such Bill so assented to; and that it slrall and may be lawful, at any time within two years aAer such Bill shall have been so received by such Secretary of State, for His Majesty, His Heirs or Successors, by his or their Order in Council, to declare his or their disallowance of such Bill, and that such disallowance, together with a certificate, under the hand and seal of such Secretary of State, testifying the day on which such Bill was received, as aforesaid, being signified by such Governor, Lieutenant Governor, or Person administering the Government, to the Legislative Council

and and Assembly of such Province, or^by Proclamation, shall make void and annul the same, from and after the date of such signification.

XXXII. And be it further enacted by the authority aforesaid, That no such Bills reserved for I«j Bill, which shall be so reserved for the signification of His Majesty's plea- Majesty's picture not sure thereon, shall have any force or authority within either of the said aumtbe Provinces respectively, until the Governor, or Lieutenant Governor, or communicated to the Person administering the Government, shall signify, either by Speech or fee. c'.*". >f8,n y' Message, to the Legislative Council and Assembly of such Province, or by "V» Proclamation, that such Bill has been laid before His Majesty in Council,

and that His Majesty has been pleased to assent to the same; and that an entry shall be made, in the Journals of the said LegislativeCouncil, of every such Speech, Message, or Proclamation; and a duplicate thereof, duly attested, 6hall be delivered to the proper Officer, to be kept amongst the public records of the Province; And that no such Bill, which shall be so reserved, as aforesaid, shall have any force or authority within either of the said Provinces respectively, unless His Majesty's assent thereto shall have been so signified, as aforesaid, within the space of two years from the day on which such Bill shall have been presented for His Majesty's assent to the Governor, Lieutenant Governor, or Person administering the Government of such Province.

XXXIII. And be it further enacted by the authority aforesaid, That all Laws, Ll,ws ;„ force „, tne. Statutes, and Ordinances, which shall be in force on the day to be fixecHn commencement of this the manner herein after directed for the commencement of th;s Act, within cent repealed or varied the said Provinces, or either of them, or in any part thereof respectively, bJ il> **5

shall remain and continue to be of the same force, authority and effect, in each of the said Provinces respectively, as if this Act had not been made, and as if the said Province of Quebec had not been divided; except in so far as the same are expressly repealed or varied by this Act^r in so far as the same shall or may hereafter/by virtue of and under the authority of this Actj/be repealed or varied by His Majesty, His Heirs, or-Successors, by and with the advice and consent of the Legislative Councils and Assemblies of the said Provinces respectively/ oj in so far as the same may be repealed or varied by such temporary Laws or Ordinances as may be made in the manner herein after specified*

XXXIV. And whereas by an Ordinance passed in the Province of Quebec, the Governor and Council of the said Province were constituted a Court of Civil Jurisdiction, for hearing and determining appeals in certain cases therein specified, Be it further enacted by the authority aforesaid, That the Governor, or Lieutenant Governor, or Person administering the Government of each of the said Provinces respectively, together with such Executive Council as shall be appointed by His Majesty for the affairs of such Province, shall be a Court of Civil Jurisdiction within each of the said Provinces respectively, for hearing and determining appeals within the same, in the like cases, and in the like manner and form, and subject to such appeal therefrom, as stjcfrjippcals might, before the" passing of this Act, have been heard and determined by the Governor and Council of the Province

ofT

Establishment of a Court of Civil Jurisdiction in each Provlnc*.

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