9.

2 & 3 Vict. c. 53.

tuled An Act to repeal certain Parts of an Act passed in the Fourteenth Year of His Majesty's Reign, intituled An Act for making more effectual Provision for the Government of the Province of Quebec in North America,' and to make further Provision for the Government of the said Province, as provides for constituting and composing a Legislative Council and Assembly within each of the said Provinces respectively, and for the making of Laws; and also the whole of an Act passed in the Session of Parliament held in the First and Second Years of the Reign of Her 1 & 2 Vict. c. present Majesty, intituled An Act to make temporary provision for the Government of Lower Canada; and also the whole of an Act passed in the Session of Parliament held in the Second and Third Years of the Reign of Her present Majesty, intituled An Act to amend an Act of the last Session of Parliament, for making temporary Provision for the Government of Lower Canada; and also the whole of an Act passed in the Session of Parliament held in the First and Second Years of the Reign of His late Majesty King William the Fourth, intituled An Act to amend an Act of the Fourteenth Year of His Majesty King George the Third, for establish14 G. 3, c. 88. ing a Fund towards defraying the Charges of the Administration of Justice and the Support of Civil Government in the Province of Quebec in America, shall continue and remain in force until the Day on which it shall be declared, by Proclamation as aforesaid, that the said Two Provinces shall constitute and be One Province as aforesaid, and shall be repealed on, from, and after such Day: Provided always, that the Repeal of the said several Acts of Parliament and Parts of Acts of Parliament shall not be held to revive or give any Force or Effect to any Enactinent which has by the said Acts, or any of them, been repealed or determined.

1 & 2 W. 4 c. 23.

Composition

Legislature.

III. And be it enacted, That from and after the Re-union of the said Two Proand Powers of vinces there shall be within the Province of Canada One Legislative Council and One Assembly, to be severally constituted and composed in the Manner hereinafter prescribed, which shall be called "The Legislative Council and Assembly "of Canada," and that, within the Province of Canada, Her Majesty shall have power, by and with the Advice and Consent of the said Legislative Council and Assembly, to make laws for the Peace, Welfare, and good Government of the Province of Canada, such Laws not being repugnant to this Act, or to such Parts of the said Act passed in the Thirty-first Year of the Reign of His said late Majesty as are not hereby repealed, or to any Act of Parliament made or to be made, and not hereby repealed, which does or shall, by express Enactment or by necessary Intendment, extend to the Provinces of Upper and Lower Canada, or to either of them, or to the Province of Canada; and that all such Laws being passed by the said Legislative Council and Assembly, and assented to by Her Majesty, or assented to in Her Majesty's Name by the Governor of the Province of Canada, shall be valid and binding to all intents and Purposes within the Province of Canada.

IV. And be it enacted, That for the Purpose of composing the Legislative Appointment of Council of the Province of Canada it shall be lawful for Her Majesty, before the Legislative Time to be appointed for the First Meeting of the said Legislative Council and Councillors. Assembly, by an Instrument under the Sign Manual, to authorize the Governor, in Her Majesty's Name, by an Instrument under the Great Seal of the said Province, to summon to the said Legislative Council of the said Province such Persons, being not fewer than Twenty, as Her Majesty shall think fit; and that it shall also be lawful for Her Majesty from Time to Time to authorize the Governor in like Manner to summon to the said Legislative Council such other Person or Persons as Her Majesty shall think fit, and that every Person who shall be so summoned shall thereby become a Member of the Legislative Council of the Province of Canada: Provided always, that no Person shall be summoned to the said Legislative Council of the Province of Canada who shall not be of the full Age of of Legislative Twenty-one Years, and a natural-born Subject of Her Majesty, or a Subject of Her Majesty naturalized by Act of the Parliament of Great Britain, or by Act of the Parliament of the United Kingdom of Great Britain and Ireland, or by an Act of the Legislature of either of the Provinces of Upper or Lower Canada, or by an Act of the Legislature of the Province of Canada.

Qualification

Councillors.

fice of Council

V. And be it enacted, That every Member of the Legislative Council of Tenure of Ofthe Province of Canada shall hold his Seat therein for the Term of his Life, but subject nevertheless to the Provisions hereinafter contained for vacating the

same.

Councillor.

VI. And be it enacted, That it shall be lawful for any Member of the Legisla- Resignation of tive Council of the Province of Canada to resign his Seat in the said Legislative Legislative Council, and upon such Resignation the Seat of such Legislative Councillor shall become vacant.

VII. And be it enacted, That if any Legislative Councillor of the Province of Vacating Seat Canada shall for Two successive Sessions of the Legislature of the said Province by Absence. fail to give his Attendance in the said Legislative Council, without the Permission of Her Majesty or of the Governor of the said Province, signified by the said Governor to the Legislative Council, or shall take any Oath or make any Declaration or Acknowledgment of Allegiance, Obedience, or Adherence to any Foreign Prince or Power, or shall do, concur in, or adopt any Act whereby he may become a Subject or Citizen of any Foreign State or Power, or whereby he may become entitled to the Rights, Privileges, or Immunities of a Subject or Citizen of any Foreign State or Power, or shall become bankrupt, or take the Benefit of any Law relating to Insolvent Debtors, or become a public Defaulter, or be attainted of Treason, or be convicted of Felony or of any infamous Crime, his Seat in such Council shall thereby become vacant.

tions.

VIII. And be it enacted, That any Question which shall arise respecting any Vacancy in the Legislative Council of the Province of Canada, on occasion of any of the Matters aforesaid, shall be referred by the Governor of the Province of CaTrial of Ques- nada to the said Legislative Council, to be by the said Legislative Council heard and determined: Provided always, that it shall be lawful, either for the Person respecting whose Seat such Question shall have arisen, or for Her Majesty's Attorney General for the said Province on Her Majesty's Behalf, to appeal from the Determination of the said Council in such Case to Her Majesty, and that the Judgment of Her Majesty given with the advice of Her Privy Council thereon shall be final and conclusive to all Intents and Purposes.

Appointment of
Speaker.

Quorum.

Division.

Casting Vote.

Convoking the
Assembly.

Representa

tives for each Province.

County of
Halton.

IX. And be it enacted, That the Governor of the Province of Canada shall have Power and Authority from Time to Time, by an Instrument under the Great Seal of the said Province, to appoint One Member of the said Legislative Council to be Speaker of the said Legislative Council, and to remove him, and appoint another in his Stead.

X. And be it enacted, That the Presence of at least Ten Members of the said Legislative Council, including the Speaker, shall be necessary to constitute a Meeting for the Exercise of its Powers; and that all Questions which shall arise in the said Legislative Council shall be decided by a Majority of Voices of the Members present other than the Speaker, and when the Voices shall be equal the Speaker shall have the casting Vote.

XI. And be it enacted, That for the Purpose of constituting the Legislative Assembly of the Province of Canada it shall be lawful for the Governor of the said Province, within the Time hereinafter mentioned, and thereafter from Time to Time as Occasion shall require, in Her Majesty's Name, and by an Instrument or Instruments under the Great Seal of the said Province, to summon and call together a Legislative Assembly in and for the said Province.

XII. And be it enacted, That in the Legislative Assembly of the Province of Canada to be constituted as aforesaid the parts of the said Province which now constitute the Provinces of Upper and Lower Canada respectively shall, subject to the Provisions hereinafter contained, be represented by an equal number of Representatives, to be elected for the Places and in the Manner hereinafter mentioned.

XIII. And be it enacted, That the County of Halton in the Province of Upper Canada shall be divided into Two Ridings, to be called respectively the East Riding and the West Riding; and that the East Riding of the said County shall

consist

consist of the following Townships, namely, Trafalgar, Nelson, Esquesing, Nassagawega, East Flamborough, West Flamborough, Ering, Beverley; and that the West Riding of the said County shall consist of the following Townships, name ly, Garafraxa, Nichol, Woolwich, Guelph, Waterloo, Wilmot, Dumfries, Puslinch, Eramosa; and that the East Riding and West Riding of the said County shall each be represented by One Member in the Legislative Assembly of the Province of Canada,

Northumber

XIV. And be it enacted, That the County of Northumberland in the Province County ef of Upper Canada shall be divided into Two Ridings, to be called respectively the land. North Riding and the South Riding; and that the North Riding of the last mentioned County shall consist of the following Townships, namely, Monaghan, Otonabee, Asphodel, Smith, Douro, Dummer, Belmont, Methuen, Burleigh, Harvey, Emily, Gore, Ennismore; and that the South Riding of the last mentioned County shall consist of the following Townships, namely, Hamilton, Haldimand, Cramak, Murray, Seymour, Percy; and that the North Riding and South Riding of the last mentioned County shall each be represented by One Member in the Legislative Assembly of the Province of Canada.

XV. And be it enacted, That the County of Lincoln in the Province of Upper Canada shall be divided into Two Ridings, to be called respectively the North Riding and the South Riding; and that the North Riding shall be formed by uniting the First Riding and Second Riding of the said County, and the South Riding by uniting the Third Riding and Fourth Riding of the said County; and that the North and South Riding of the last mentioned County shall each be represented by One Member in the Legislative Assembly of the Province of Canada.

County of Lincoln.

XVI. And be it enacted, That every County and Riding, other than those Other County hereinbefore specified, which at the Time of the passing of this Act was by Law Constituency of entitled to be represented in the Assembly of the Province of Upper Canada, Upper Canada. shall be represented by One Member in the Legislative Assembly of the Province of Canada.

XVII. And be it enacted, That the City of Toronto shall be represented by Town ConstiTwo Members, and the Towns of Kingston, Brockville, Hamilton, Cornwall, Nia-ter Canada. P gara, London, and Bytown shall each be represented by One Member in the Legislative Assembly of the Province of Canada.

XVIII. And be it enacted, That every County which before and at the Time of the passing of the said Act of Parliament, intituled An Act to make temporary

County Consi-
Canada 1 & 2

tuency of Lower Provision Vict. c. 9.

Further Provision as to Constituency of Lower Canada

Town Constituency of

Provision for the Government of Lower Canada, was entitled to be represented in the Assembly of the Province of Lower Canada, except the Counties of Montmorency, Orleans, L'Assomption, La Chesnaye, L'Acadie Laprairie, Dorchester, and Beauce, hereinafter mentioned, shall be represented by One Member in the Legislative Assembly of the Province of Canada.

XIX. And be it enacted, That the said Counties of Montmorency and Orleans shall be united into and form One County, to be called the County of Montmorency; and that the said Counties of L'Assomption and La Chesnaye shall be united into and form One County, to be called the County of Leinster; and that the said Counties of L'Acadie and Laprairie shall be united into and form One County, to be called the County of Huntingdon; and that the Counties of Dorchester and Beauce shall be united into and form One County, to be called the County of Dorchester; and that each of the said Counties of Montmorency, Leinster, Huntingdon, and Dorchester shall be represented by One Member in the Legislative Assembly of the said Province of Canada.

XX. And be it enacted, That the Cities of Quebec and Montreal shall each be Lower Canada. represented by Two Members, and the Towns of Three Rivers and Sherbrooke shall each be represented by One Member in the Legislative Assembly of the Province of Canada.

Boundaries of
Citics and
Towns to be

vernor.

XXI. And be it enacted, That for the Purpose of electing their several Representatives to the said Legislative Assembly, the Cities and Towns hereinbefore settled by Go- mentioned shall be deemed to be bounded and limited in such Manner as the Governor of the Province of Canada, by Letters Patent under the Great Seal of the Province, to be issued within Thirty Days after the Union of the said Provinces of Upper Canada and Lower Canada, shall set forth and describe; and such Parts of any such City or Town (if any) which shall not be included within the Boundary of such City or Town respectively by such Letters Patent, for the Purposes of this Act shall be taken to be a Part of the adjoining County or Riding, for the Purpose of being represented in the said Legislative Assembly.

Returning Officers.

XXII. And be it enacted, That for the Purpose of electing the Members of the Legislative Assembly of the Province of Canada, it shall be lawful for the Governor of the said Province, from Time to Time, to nominate proper Persons to execute the Office of Returning Officer in each of the Counties, Ridings, Cities, and Towns which shall be represented in the Legislative Assembly of the Province of Canada, subject nevertheless to the Provisions hereinafter contained.

XXIII. And be it enacted, That no Person shall be obliged to execute the said