M ^ ^^^ ^^^o. IMAGE EVALUATION TEST TARGET (MT-3) k « 1.0 1.1 IL25 nil 1.4 I 1.6 Photpgrepfcic ^Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. I4SS0 (716) 872-4503 A ...*'/ further provision for the Government of the said Pro- vinces. Rev. Dr. Strachan. 4. y 5. Letter to Llis Majesty's Under Secretary of State, respecting a Plan for a General Union of the British •«./ I /-K. t -/'">^ Provinces, and on the subject of the proposed Union ol the Canadas. J. Stuart, Esq. ^/7^'... y /' •• / / /• /, r A ^<- "•"'• , < ' ^ tri /' t. <■ '< v*l- -i '^■\^ A. { •-* • 'A JLIHJ) 1-t^ ' 'P ABSTRACT OP A BILL FOR UNITING THE LEGISLATIVE COUNCILS AND ASSEMBLIES OF THE PR0VINCR8 OP LOWER CANADA AND UPPER CANADA IN ONE LEGISLATURE, AND TO MAKE FURTHER PROVISION FOR THE GOVERNMENT OF THE SAID PROVINCES. LONDON: PRINTED BY W. CLOWES, NORTHUMBERLAND-COURT. MDCCCXXIV. -1 ABSTRACT OF A BILL. ■I <( ASSEMBLIES OF THE PROVINCES OK ♦ LOWER CANADA AND UPPER CANADA " IN ONE LEGISLATURE, AND TO MAKE "FURTHER PROVISION FOR THE GOVERN- " MENT OF THE SAID PROVINCES. — Recites, That an Act was passed in the i>ronmbie. 31st year of the reign of his late Majesty, intituled "An Act to repeal certain parts of " an act passed in the fourteenth year of " his Majesty's reign, intituled *An act for ^i ^^;°j^[|J' *^ 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," in virtue whereof two separate Legislatures have been constituted in the provinces of Lower Canada and Upper Ca- nada ; That in the present state and cir- cumstances of the said Provinces, the es- tablishment of one jointLegislature for both, instead of such separate Legislatures, has become expedient for their security and prosperity, and would remedy inconve- niences and evils which have been, and continue to be, experienced in the said ^.^^ ^j,j ^^ provinces, from the divided Legislative au- ^^22, $ 1. B fhoriiy established in tlicni by the said act ; So much of therefore it is enacted, that so much of the n'ciuni Act as ^ provid.s for said act as provides for composing and eon- ami c.msiiiut- stituting a legislative Council and Assem- tivfi council bly, within each of the said provinces, and and asstnvbly /,., . z,. , ii'i^- in each pro- lor the passing 01 laws by such legislative vincerepcalcd ., , ... ini ii councils and assemblies, shall be repealed. IT. After the passing of this Act. there obo i^^isia- shall be one Legislative Council and one live Council , , , . , and om^ As- Asscmbly lor the said Provinces jointly, to sombly, estab- . ni i -r'l- ^^ m i lished for both be called •* the Legislative Council and provinces, c. p^^^^^^^y of thc Canadas," with whose ad- vice and consent His Majesty shall have power to make laws, such laws not being repugnant to this act, nor to such parts of the said act of the 31st Geo. IIL as are not hereby repealed. All laws so passed to be assented to by His Majesty, or, in His Majesty's name, by the Governor, Vide Bill of Lieutenant Governor, or person administer- 1822, ^ 2. ^ * * ^ , ing the government of the said provinces. I The present members of the Councils of the twopro- vinces to con- stitute thc Legislative council of the Canadas, with power in His Majesty to au- thori the Govt!inor to summon new members. Vide Bill of 1822, ^ 3. 31 IIL The present members of the Legis- lative Councils of the two provinces shall together constitute the Legislative Coun- cil of the Canadas ; with power in His Majesty to authorize the Governor to sum- mon new members, by an instrument under a seal to be appointed byHis Majesty, and to be called the Great Seal of the Canadas. Geo. UI,c. 31, ^ 3. ■ » ' 3 IV. Proviso — Tlmt no person ahall be ^m- "•>" «»n- * uiT i\ year* summoned to the Lcffislative Council who "•»►?'•'*". »<» h<-.<*uinmunt!'«• . . . * J Vide. 81 do. provisions for vacating them hereinafter iii.c. 31. ^5. .n 1 Bill ufl 822,^ specified. 4. [. VI. His Majesty is empowered to annex "■« Majesty • « , may annex to to hereditary titles of honour the right of hereditary ti- . 1 1 T • 1 • #-. ''*'^ °^ honour being summoned to the Legislative Coun- the rih'hi of cil, descendible according to the course ofmonedtothe descent limited with respect to such title ,°'!'"^1. o • Vide SI Goo. of honour, and persons vested with such"'/ ""• ^'^ right may demand a Writ of Summons to 4 the Council. Bill of 182'2, ^ « Vn. Proviso— That such descendible ?»<^'^'?«f,f?''- ible right for- riffht shall be forfeited in the following f^^'te** '" ««f- '^ " tain cases. cases; mz.^ in the case of absence from the Canadas for the space of four years, Jtif c.^si,^^^?! without the permission of His Majesty, sig- ^'•^ ""^ ^®^^' * nified to the Legislative Council, and also where the person applying for a Writ of B 2 4. ■rAr^ Summons has taken an oath of allegiance to any foreign prince or power :•— But His Majesty may, if he think fit, by an instru- ment under his sign manual, direct that such person shall be summoned to the Council. The Governor, before granting a Writ of Summons to a person so applying for it, is required to interrogate him re- specting the particulars above mentioned before the Executive Council of the said Provinces. Seats in Coun- cil vacated in certain cases. Vide 31 Geo. III.c. 31, §8. Bill of 1822, § 4. VIII. Proviso — That if any member of the Legislative Council shall be absent from the said Provinces, for four years continually, without the King's permission signified to the Council, or for two years continually, without the governor's permis- sion, signified in like manner, or if he shall take an oath of allegiance to any foreign prince or power, his seat in the Council shall become vacant. UIa u Hereditary rights and seats so for- feited or va- cated, to re- main suspend- ed during the lives of the parties, but on theirdeathsto go to the per- son next enti- tled thereto. IX. Proviso — That in cases where he- reditary rights and seats have been for- feited or vacated, for any of the causes hereinbefore mentioned, the hereditary right shall remain suspended during the life of the person incurring the forfeiture, or by whom the seat has become vacated, unless His Majesl^y shall afterwards think 5 (it to direct that lie be summoned to the Council : — But, on the death of such per- son, the said right, subject to the provi- ^ sions herein contained, shall descend to"'.c u^o ' Bill of 1822, § the person next entitled thereto, accord- 4. ing to the course of descent limited in the letters patent conferring it. Treason — X. Proviso— that seats in Council shall be ^^"^'^ ^V'^"^ teiture oi forfeited, and hereditary right extinguish- *^?J^;|J ^.^^ ed, for treason. ^i,^ lo ' Bill of 1822, $ 4. XI. Proviso — That when any question Questions re- shall arise respecting the right of any per- J,^ht\o^ie^ son to be summoned to the Council, or re- g,™™^f ^^^^'^ specting the vacancy of any seat, such J^jJ^/^^*;^^';^, question shall be referred by the Governor ^° mentioned. to the Council, to be there heard and de- nl.c. 31, ^ni termined. Prom their determination the 4'" °^ ^^^^' ^ person desiring such writ of summons, or respecting whose seat such question shall have arisen, or the Attorney-Gene- ral, in His Majesty's name, may appestl to His Majesty in Parliament, whose judg- ment shall be final and conclusive. XII. The Governor shall have power by The Governor an instrument under the Great Seal of the Md remove the Speaker. Canadas, to appoint and remove the Speaker of the said Legislative Council. Vide 31 Geo. III,c.31,§ 12, Bill of 1822, $ 5. 6 ma^uihmize ^^^^' ^is Majcsty, by an instrument the Governor under liis siffn manual may authorize the to call toge- o •' ther the As- Govemor, in His Majesty's name, by an 8embly . J J i ^ i .... „, ^ instrument under the Great Seal of the Vide 31 Geo. I}V//.l' V! Canadas, within the time hereinafter men- Hill of 1822, $ II 6. tioned, and from time to time, to summon and call together the Assembly of the Canadas. For the pur- pose of elect- ing the Mem- bers, the pre- sent division of the provin- ces, and the appointment of the number ofReprescnta- tives, to be chosen by each, to con- tinue &c.with power in his Majesty as to the appoint- ment of return- ing officers. Vide Bill of 1822, § 6, 10, 12. No person ob- liged to serve as returning officer more than once, &c. Vide SI Geo. m, c.31,§ 16 Bill of 1822, ^ 10. The Assembly of the Canadas XIV. For the purpose of electing members of the Assembly, the division of the provin- ces into districts, counties, cities, towns, and townships, as now established, and the ap- pointment of the number of Representa- tives to be chosen for each, as now regu- lated and determined, shall continue to subsist, and be valid for all the purposes of this act; and it shall be lawful for His Majesty to authorize the Governor to appoint returning officers for each of the said districts, ^c, subject to the provision hereinafter contained, and unless otherwise provided by an act of the Provincial Legislature. • ^u.]*^j -,iU XV. Proviso — That no person shall be obliged to serve as returning officer for more than one year, or oftener than once, unless otherwise provided, &c. ji Jiny,, XVI. The Assembly of the Canadas , shall consist and be composed of the R®- * the re- v. spective returning officers of the districts &c., and be made returnable within fifty *s 8 days at furthest from the day on which they bear date, unless otherwise provided by an act of the Provincial Legislature ; and that writs shall be issued in like man- ner and form in the case of vacancies, which may have happened in the represen- tation in the present Assemblies, and also in the case of any vacancy to happen here- after by the death of the person chosen, or by his being summoned to the Legisla- tive Council. The said writs shall be made returnable within fifty days at farthest from the day they bear date, unless otherwise provided, &c., and that when a vacancy shall occur from either of the causes last mentioned, the writ for the election of a new Member shall be issued within six days after it shall be made known to the proper oflker for issuing such writs of election. , i i .^ .. ,. Rcliirninc offi- cers to oxocuto writs. Vide 31, Cioo. 111. c. SI. ^^. 19. Hill of IS'iS. ■J 10. His Majesty niay authorize the Governor to fix the time ami place of holding: elec- tions. ^ ido ;>i Geo. 111. c. 81. v^ 25. Kill of lS2i.s^ 10. XIX. The returning officers are re- quired duly to execute such writs as aforesaid. * ^^ /t^^ XX. Power is given to His Majesty to au- rize the Governor, within each of the said Provinces, to fix the time and place of holding elections of Members to serve in the said Assembly, giving not less than eight days' notice of such time ; and sub- i Bv whom III© jcct, iievertlielcss, to such provisions as may hereafter be made by any act of the Provincial Legislature. XXI. The Members for the districts or counties shall be chosen by the majority JJ^'bc^'^.';";'/;' of votes of such persons as shall severally vi,i,. m ct,,. be seised and possessed in freehold, for{",i''o,''f«^*^; their own use and benefit, of lands and te- ^^' ^" nements held by them in free and common soccage, in fief, in roture, or otherwise, within such district or county, as the case may be, of the yearly value of forty shil- lings sterling, or upwards, over and above all rents and charges payable out of or in respect of the same. The members for the cities or towns shall be chosen by the ma- jority of votes of such persons as either shall be severally seised and possessed in freehold, for their own use and benefit, of a dwelling-house and lot of ground in such city or town, held in free and common soc- cage, in fief, in roture, or otherwise, of the yearly value of five pounds sterling, or up^ wards, and of such persons as have been re- sident within the said city or town for the space of twelve calendar months next be- fore the date of the writ of summons for the election, and have bond fide paid one year's rent for the dwelling-house in which theyshallhavesoresided,atthe rate often pounds sterling per annum, or upwards, I 1 1 10 Certain per- Bons not hU- pible to the Assoml)ly. Vid«« 81 Geo. lllc. SI, §21. liillof 1822, § 10. XXII. Proviso — That no person shall be capable of being elected a member to serve in the Assembly, or of sitting or vot- ing therein, who shall be a member of the said Legislative Council, 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 pro- fession of religious worship, or who shall have taken an oath of allegiance to any foreign prince or power. No person un- der 21 years, and not being a subject of His Majesty, Sfc, capable of voting. Vide 31 Geo. Ill, c. 31,§ 22 Bill of 1822,$ 10. XXIII. Proviso — That no person shall be capable of voting at any election of a member to serve in the Assembly, or of being elected at 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 naturalized by Act of the Bri- tish Parliament, or by Act of the Parlia- ment of the United Kingdom of Great Bri- tain and Ireland, or a subject who has become such by the conquest and cession of Canada: and in the case of a subject na- turalized under or in pursuance of an Act of the British Parliament, it shall also be necessary, to entitle him to be elected a member, that he shall have resided, after having become so naturalized, for the space of seven years next before such I 11 election, in the said Provinces, or one or them, without having been absent from the said Provinces for more than months, at one time, during that period. iV XXIV. No person shall be capable of voting, 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 to vote for or be elected a member of the Assembly, as con- stituted before the passing of this Act, in the Province in which such election shall be had, under any Act of the Legislature of such Province, or who shall be within any description of persons who may here- after be disqualified by any Act of the Le- gislative Council and Assembly of the Canadas, assented to, &c. ■ - «^ XXV. Proviso — That every voter, be- fore 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, to be administered in English or French, as the case may require. invt': J) . ^.ih .i»,' :^:, ■ i!.': •. ■ I, A. B, do declare and testify in the presence of Almighty God, that I am, to Nor any per- son altainterl for treasun or felony. Nor any por- aon disquali- tied by any Act of the Pro- vincial Legis- lature. Vide 81 Geo, III, c. 31,^23 Bill of 1822, § 10. Voters, if re- quired, to take the following oath. Vide 31 Geo. Ill, c. 31, §24 BiUofl822, $ 10. Oath. 12 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. .,• Every such person shall also make oath, if required, that he is, to the best of his knowledge and belief, duly seised and possessed of such lands and tenements, or of such a dwelling-house and lot of ground, or that he has bond fide been so resi- dent 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. , . , ,^; ;,;:,»,•,/ >.,\\ XXVI. Proviso — That at the first gene- Quaiification ^^ elcctiou to take place after the passing: in Candidates, * r o at first general of this Act, and at all subsequent elec- and all subse- ^ * quent elections tions, whcthcr general or for particulac required. * Vide Bill of places, no person shall be capable of 1822, H3. being elected a member of the said As- sembly, who shall not be seised and possessed in freehold, for his own use and benefit, of lands and tenements held in free and common soccage, in fief, in roture, or otherwise, within one or other of the said Provinces, of the va^ lue of five hundred pounds, sterling, over and above all rents, charges, and V .r: . incumbrances due and payable upon, from, and out of the same ; and that every 13 candidate at such election shall, it' re- quired by any other candidate, or by the returning oflficer, take the following oath, to be administered in English or French, as the case may require. i I, A. B, do declare and testify, in the presence of Almighty God, that I am duly seised and possessed in freehold, for my own use and benefit, of lands and tene- ments, held in free and common soccage, in fief, in roture, or otherwise (as the case may be) within the Province of , of the value of five hundred pounds sterling money of Great Britain, over and above all rents, charges, and incumbrances due and payable upon, from, and out of the same ; and that I have not fraudulently or by collusion obtained a title to, or become possessed of, the said lands and tenements, for the purpose of qualifying and enabling me to be returned a member of the As- sembly of the Canadas. XXVII. Persons convicted of swearing Candidates or , . . , , voters taking falsely respecting their qualification, ei- false oath to be subject to ther as candidates or voters, shall suffer pains and pe- , . , w • J n •!/• I naltics of per- the pains and penalties incurred for wilful jury. and corrupt perjury in the Province in vide Biu of 1882 4 14. which such false oath has been taken. 14 cwiainprovi- XXVIII. Proviso — That nothing: ifi til IS sions cuntuin- "^ od in Acts of Act shall extend to repeal all or any pro- the Provincial ^ ^ * •' ■ L.f?isiaturcs visions Contained in any act or acts of the continued »« - . , ^ - ., . . force. Legislatures of the said provinces respec- vidc Bill of tively, now in force, touching and concern- ing the duties of returning officers, and the proceedings at elections of members for the Assemblies of the said Provinces, re- spectively, as constituted before the pass- ing of this act, and also touching and concerning the trial of controverted elections, and the proceedings incident thereto ; but that all and every the said provisions shall remain and con- tinue in force in and for the province, for which they were respectively enacted, and be applicable to and in the case of elections of members for the Assembly of the Ca- nadas, in like manner as they would have applied to and in respect of elections of members for the said provincial provinces respectively, if this Act had not been pass- ed, until it shall be otherwise provided. His Majesty XXIX. By this clausc His Majesty is S^v^e^o^J'^'^o' empowered to authorize the Governor pLceVrSd^*® fix such placcs within either of the lion8*o?Co^un- proviuccs, and such times, for holding the b/^^/"""' sessions of the said Legislative Council •Si> •v -. I ?e^? !• J -ci JM ii '■ •-'}^u:oj5< -^ih: 16 and Assembly, as lie may think fit, to be afterwards changed or varied as he may judge most advisable, &c., giving due no- ^nj to pro- tice thereof; and also to prorogue the said ^[If"^ "h^l'nJ'*' legislative council and assembly from time ^.^^ p.^j ^^ to time, and dissolve the same by Procla- Jj ^*^^-.^ '"'<^- mation or otherwise, whenever he shall '^'""f '^'^^'^ 17. deem it necessary or expedient. XXX. Proviso — That the said Legisla- tive Council and Assembly shall be called council and together once at least in every twelve be caiud to- calendar months, and that every Assembly mev'eryrwSve hereafter to be summoned and chosen shall *""" continue for years, from the day of J/'^^^^J^','}, **/ the return of the writs for choosing the B5i,*J]g22 & same, and no longer, subject to be sooner ^^' ''^• prorogued or dissolved. i I 1 XXXI. Proviso—That the said Council ^^mLV to and Assembly shall be called together, for^p^f^^/j^^JJ; the first time, at some period not later than fj^gf^than""^ the day of , in the year of vide Bin of our Lord 182 . 1822,^ 17, 31 Geo. III.c. 31, i 49. XXXIL All questions which shall arise au questions * . in Council in the said Council and Assembly, respec- and Asaembiy , . . to be decided tively, except in the cases in which it isbythemajori- tv of VOtGS herein otherwise provided, shall be de- cided by the majority of votes of the mem- iii, si, $28. bers present, and where the votes are equal, 19. ° the Speaker shall have a casting voice. »0 Oath. 1(> Nomcmberto XXXlIl. Proviso — Tlmt po momlier c'l- Hlt l»l VOU' till iu» huH luk.n ilicr of tlic sa'ul Council or Asst»n\l)ly shall ihc following . 1 . 1 . .11 Oath be pennittcdto sit or vote thcroin, until no viHo SI Goo. shall have taken the following oatli, to be lli'i'ionyt/.^s administered in English or French, as the case shall require. T, A. B. do sincerely promise and swear, that 1 will be faithful and bear true alle- giance to His Majesty King George, unlaw- ful Sovereign of the United Kingdom of Great Britain and Ireland, and of these provinces dependent on and belonging to the said United Kingdom ; and that I will . defend him to the utmost of my power against all traitorous conspiracies, and at- ^ tempts whatever, which shall be made against his person, crown, and dignity: and that I will do my utmost endeavour to dis- close and make known to His Majesty, his heirs, and successors, all treasons and trai- , torous conspiracies and attempts which I shall know to be against him or any of them : And all this I do swear without any equivocation, mental evasion, or secret re- servation, and renouncing all pardons and dispensations from any person or power r, whatever to the contrary. So help me God.\ sr- t »,li- Bli. ;•'>>' ./-*: Governor may give or with- hold His Ma- jesty's assent to Bills, or re- jg authorizcd to declare or withhold His serve them for '■?>.■ His Majesty's Majcsty's assent to any bill presented to pleasure. .i ^ ^ » XXXIV. The Governor by this clause „ i 17 him by liin Majesty's assent, or to reserve such bill tor the Hignilicution of His IVhijcs- ty's pleasure thereon ; but he is to exer- cise this power subject totlic provisions ot'vi.io ^i n.o. .... , . . m.r.;. , . /» • w 1 II 1 whir li IlisMu- State, an authentic copy ot it. it shall bejtsiy may d<- lawful for his Majesty ^ at any time within ftiio'wamo'ot two years from the receipt of the bill, by yi-ar"'f.oiriiie hif. order in Council, to declare his disal- "^"''^ lowance of such bill ; and such disallow- n^l'/^iVi'si ance,with acertificate under the hand and "'J', *'* "*^^' seal of the Secretary of State, certifying the day on which such bill was received, being signified by the Governor to the Council and Assembly, or by proclamation, shall make void and annul the same from and after the day of such signification. XXXVI. No bill reserved for the signi- BiUs leservej tor His Ma- fication of his Majesty's pleasure thereon jesty's pica- I tM ti M sure not lo shall have any force within either of the have any force said provinces, till the Governor shall sig- ty's assent be ./.I , . ji ^-^ •! communicated nity by speech or message to the Council to the councu unci ^Usembly, or by proclamation, thatl"^^**'^'" ^' c 18 I . «. i such bill has been laid before His Majesty in Council, and that His Majesty has been pleased to assent to it. — That an entry shall be made in the Journals of the Council of Vide 31 Geo. evcry such speech, message, or proclama- Bii'i of 'i822, tion, and a duplicate thereof duly attested shall be delivered to the proper officer, to , ;';• be kepi among the public, records of the srid provinces. No Bill so reserved shall have any force unless his Majesty's assent thereto shall have beer, so signified as afore- said within the space of two years from the day on which it was presented for his Ma- ,■>«*;■ u nvfi t. Jit- jesty 's assent. ■h: '•* '*- -{Vi f«'3?{.1 'lO iU li ■ ■; His Majesty may authorize the Governor from time to time, by pro- clamation, to disjoin the said townships from the coun- ties in which they are i»- , XXXVII. Recites that no adequate pro- vision has been made for the representa- tion in the Provincial Legislature, of that part of Lower Canada which has been erected into townships, since the number of representatives for the said Province was first determined by Proclamation, is- sued by Alured Clarke, Esq., Lieutenant- Governor and Commander-in-Chief, on the 7th May, 1792 ; — Therefore it is enacted— That His Majesty, by an instrument under his sign manual, may authorize the Gover- nor, from time to time, as the progress of settlements and circumstances may render expedient, by Proclamation under the iGrreat Seal of the C^nadas, to, «# • 'Iff. After the ex- piration of one year from the passing of this Act, all writs and process issuing from His Majesty's Courts of Jus- tice, returns thereto, and all written proceedings in the courts and which XL. After the passing of this Act, all writs, proclamations, and instruments for summoning and calling together the said Legislative Council and Assembly, and for proroguing and dissolving the same, and all writs of summons, and elec- tion, and all writs and public instruments whatever relating to the Council and As- sembly, or either of them, and all returns to such writs and instruments, and all and every the journals, entries, and written proceedings of what nature soever of the said Council and Assembly, and of each of them respectively, and all written pro- ceedings and reports of committees of the said Council and A^ssembly, shall be in the English language only, and not in any other language or tongue whatsoever ; and that after the expiration of one year fix»m the passing of this Act, all writs and pro- cess issuing or to be issued out of any and every of His Majesty's Courts of Justice in the said Province of Lower Canada, and all returns to and upon the said writs and process, and all written proceedings there- upon, and all pleadings, indictments, in- mm . ■ 'i fT'J,'ii "1, . .< ji'.r 23 formations, inquisitions, Presentments, J^jJ^^^^J^^Jj^^ verdicts, commissions, bonds, recoffni- p>stration of ' » » o justice (except zances, entries, records, and iudjs:ments, "ffi^ayitsa"**, •* " depositions of and all proceedings whatsoever reduced witnesses who ^ * ^ " , , cannot speak to writing", in His Majesty's said Courts KngUsh) sJmii ° . be in the En- of Justice, and which concern the law and gUsh lan- administration of justice (save and except affidavits and depositions of witnesses, >.< which may be taken in the French Ian- V . , guage in all cases where the persons mak- ing such affidavits or depositions cannot v. '. speak the English language) shall be in ti- the English language only, and not in any \ '" i,,^ '; ,;' other language or tongue whatsoever: „; . any law, usage, or custom to the contrary ' ' ' ^ notwithstanding. — And all persons offend- j^^^^JJ^ ^°; °^" ing against these provisions, or any of them, |*'"^* **^" shall, for every such offence, forfeit and pay the sum of nj^,:r. sterling mo- ney of Great Britain, to any person who shall sue for the same, &c. aisov* i.liJi hi XLI. All Laws in force, at the time of passing this Act in the said Provinces or any Laws in force /. ^1 • 1 Tk • . , at the time of part of the said Provinces, respectively, passing this 111 . J . • • /» • I Act to con- shall remain and continue in force in each tinue so, ex- of them, as if this Act had not been made, or^tartS* by except in so far as the same are repealed vide^^si Geo. or varied by this Act, and in so far as they ^m\oi\m2^' may hereafter be repealed or varied by * ^^* His Maiesty, with the advice and consent rn .fijoi' M fii '■>=' of the Legisladive Council and Atiscmbly of the Canadas. vi«b )i> intm ->•( f{& )> , .. . Confirmation XLII. RecUes baft of the 5th and the ot certain provi * sions relating whole of thc 6th scctioH of the Act 14, to the Clergy of the Church Geo. III. c. 83, respecting the Clerary of ofUoirie, &c. . Vide 31 Geo. thc ChuFch of Rome, and theiraccustomed Bill of '3 81221 dues and rights, and his Majesty's Royal Instructions of the 3d January, 1775, to Lord Dorchester relating to the same sec- tions, with the confirmation thereof con- tained in the Act 31 Geo. Ill, c. 31, s. 35. and then enacts that the said Declaration and Provisron contained in the said Act of the 14 Geo. III. c. 83. and also the Provi- sion made in consequence thereof by His Majesty's instructions above mentioned, shall remain and continue in force, except in so far as they may be expressly varied er repealed by any Act passed by the Le- gislative Council and Assembly, assented to, ^c. under- the restriction herein after provided. '* UNinrnysq ^dli^o'ft/? ■ ' ~' i- ' ' ■■ ' •■ ■ ■ , !, . 41 ',»■•.# .1 s. XLII I. Proviso. — That whenever any Act or Acts shall be passed by the said Legislative Council and Assembly, con- taining any provisions to vary or repeal the said declaration and provision, contained mihc said Act, 14 Geoi III., c. 83, or to vary or repeal thc provisions herein before Acta of the Le- gislativeCoun- cil and Assem- bly containing provisions of the nature herein men- tioned to be laid before Parliament be- fore receiving His Majesty's assent, &c. r \ I I I '2S contained for continuing the force and effect of the said declaration and provisions, nl.c.sij^i, or to vary or repeal any of the provisions f 'Jg"^ ^***' contained in the said Act of the 31st Geo. III. c. 31, respecting the allotment and appropriation of lands for the support of a Protestant Clergy, within the said Pro- vinces, or respecting the constituting, erecting, or endowing parsonages or rec- tories within the said Provinces, or respect- ing the presentation of incumbents or mi- nisters to the same, or respecting the man- ner in: which such incumbents or ministers shall hoM and enjoy the same ; and also that whenever such act or acts shall be so passed, containing any provisions which shall in any manner relate to or aii^ct the enjoyment or exercise of any religious form or mode of worship, or shall impose or create any penalties, burthens, disabili- ties, or disqualifications in respect of the smne, or shall in any manner relate to or affect the payment, recovery, oi* enjoyment of any of the accustomed- dues or rights herein before mentioned', or shall in any manner or way relate to the granting, im- posing, or recovering any oftlrt dues, sti- pends or emoluments whatever to be paid to or for the use of any minister, priest, eccle^astic, or teacher, according to any ,(• Ir, .),>A A:' i_.''.!<..'J> •to [ 'nil /f PM ^ 26 fbrin or mode of worship, in respect of his Haid office or function, or shall in any man- ner relate to or affect the establishment or discipline of the Church of England, amongst the Ministers and members thereof within the said provinces, or shall in any manner relate to or affect the King's prero- gative, touching the granting of waste lands of the Crown within the said provin- ces;— every such act shall, previous to any declarfition or signification of the King's assent thereto, be laid before both Houses of Parliament in Great Britain ; and that it shall not be lawful for His Majesty to sig- nify his assent to any such act, until thirty days after it shall have been laid before the said Houses, or to assent to any such act in case either House of Parliament shall, within the said thirty days, address His Majesty to withhold his assent; and that no such act shall be valid unless the Legislative Council and Assembly shall in the same session in which it shall have been passed, have presented to the Gover- nor an address or addresses, specifying that such act contains provisions for some of the said purposes herein before specially described, and desiring that in order to give effect to the same, such act should be transmitted to England, without delay, for f ; i I s 27 the puriMisc of being laid before Parlia- ment, previous to the signification of liis Majesty's assent thereto, > -^ ^'' ••i:(.^t'i i,. XLIV. Recites Act ] 8, Geo. III. c. 22. ?!;«*« lU.c, relating to the taxation of the Colonies by the Parliament of Great Britain, and that it is necessary for the general benefit of the British Empire, that such power of re- gulation of conanerce should continue to be exercised, &c., therefore it is enacted that nothing in the act shall extend to prevent or affect the execution of any law which has been made by his Majesty and the Parliament of Great Bri- tain, or the Parliament of the United King- dom, or which shall hereafter be made by His Majesty and the said Parliament of the United Kingdom, for establishing regula- tions or prohibitions, or for imposing, levying, or collecting duties, for the regu- lation of the navigation, or for the regula- tion of commerce to be carried on between the saiid two Provinces, or between either of them and any other part of His Majes- ty's dominions, or between either of the said Provinces and any foreign country or state, or for appointing ai^d directing the payment of drawbacks of such duties so imposed, or to give to His Majesty any 31 Gen. 81,^46. W I •I I « power or authority, with the advice and consent of the said Legislative Council and Assembly, to vary or repeal any such law, or in any manner to prevent or ob- struct its execution. bca*I.piied'lo ^^^* Proviso.— That the net produce the use of the ^f q\\ dutlcs 80 imposed shall be applied said Provinces * •^•^ Vide 81 Geo. to thc usc of thc Said Provinces, and in such manner only as shall be directed by any law made by his Majesty with the ad- vice and consent of the said Council and Assembly. XLVI. Recites that certain provisions contained in the Act 3d Geo. IV., c. 119, have, by reason of the enactments herein contained, ceased to be neces- sary or applicable to the Provinces under one Legislature; — Therefore it is enacted that the said provisions con- 17th, i8th^ tained in the 17th, 18th, 19th, 20th, 21st, i?S?;2M?2Sd, 22d, 23d, 24th, 25th, 26th, 27th, and 29th 26thi 27th! clauses of the said Act mentioned, touch- dauaes of Act ing aud conccming the appointment of m%l]J^ated. arbitrators to hear and determine all claims of Upper Canada on Lower Ca- nada on account of drawbacks, or a pro- portion of duties, &c., &c., shall, from and after the passing of this Act, be repealed. 29 » XLVIl. All accounts, &c., directed to aiij^j;;;^;; be laid before the Councils and Assem- }«,'^"counc!jr Assem- blies of the said Provinces respectively, j^.'J^A"*'^^^^ by any Act now in force, shall be laid be- ^*'*. **J"yj' nncvM to be laid be- fore the said Legislative Council and As- [ore u... naid '-' l^'gislatwn Council and Aisembly. senibly, &c. u» ">-■ Vide Bill of 832, $ 27. i ' JhI^ jliOiiJ ,*1vfvi ,nm A:^"''}}ihm h'mif-x MmA^i rii^g b«fi .dll^ ,/l-j<>S ..liH^y jlJlE,bKS:-,b^,beiJj.^i:'j<.ia -•11311 o1 ,b^tTt>ilnf?m 1;>A ^»r^,;^,'jjt)lo ^\>feuin;i ,,i,'t2,d;;«s i>aifs moii Jk?^ "^ " ^is> l^viioihoq TJ LONDON : PniNTRII BT WILLIAM CLOWKI, Norlbombf riniid-coiii t .