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JO :»t OITJt^T O'/VA I: ^\ ». ** *e, r3ir ^t • • -1 " } 1 < '■ i T Y^^/.i:;n :r /<:.)/ j- i -kW •■ >\\> Ui, •• ,u U' V ■- \^ ■ * i I -li !: 'i. ■fl?;;*'>^* ro I'ljjftil'fr^*! -iflfi/ ?<^' ^*f / 1 t <-■ je s|jin*>)iirf >iit n* '^ rt;** ^if J,;t*»i^^ ^t f iu iij'f « Sf^ U -i iti.) i\i f*l i. i >■ >i: J) ^■'.^ kl V * ; '' IS / H > i 4 • « « J.' l L?i:a. J f -I 'J- 'J ^J^f'i! 'n^#' I (lillfVj >fl* -I ii * » i I r r> cr jri-.^> 1r» >^ffi'h' -i>. ;frro- 'Ml • '.••.•,}■;,,<■)• ,.!t rj -> "'''i^ J 7 >^f- ANNO TERTIO & QUARTO VICTORIiE REGINiE. MAGNiE BRITANNIA ET HIBERNI^. At the Parliament begun and holden at Westminster^ on the fifteenth day of November, Anno domini 1837, in the First Year of the Reign of Our Sove- reign Lady VICTORIA, by the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, &c. And from thence continued by Prorogations to the 16th day of January, 1840, being the Tliird Session of the Thirteenth Parliament of the United Kingdom of Great Britain and Ireland. Quebec: PRINTED BY JOHN CHARLTON FISHER & WILLIAM KEMBLE. Law Printru to the Queen's Most Excellent Majesty, Anno Domini, 1841, y.Z CA. ■i-. " ft-.. ^.t. \ - % ■■' * 1 1' '■•■ if *?• - ' t * ••'J ANNO TERTIO & QUAHTO VICTORIiE REGINiE. CAP. XXXV. An Act to re-unile llie Provinces of Upper and Lower Canada, and for the Government of Canada. [23d July, 1840.] WHEREAS it is necessary that Provision be made for the good government of the Provinces of Upper Canada and Lower Canada, in such manner as may secure the Rights and Liberties, and promote the Interests of all Classes of Her .Majesty's Subjects within the same ; And whereas to this end it is e.xpedient that the said Provinces be re-united and form one Province for the Purposes of Executive Government and Legislation ; Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same. That it shall be lawful for Her .Majesty, with the Advice of Her Privy Council, to declare or to authorize the Governor General of the said Two Provinces of Upper and Lower Canada to declare, by Proclamation, that the said Provinces A 2 Oeclui Union. I(e|ieAl II a. J. ( .V, J Vi<- J .'i ;j Vii-i. I ,Si 2 W. 4 . Ji. I 1 ft ,J. c. 1 1 )'l.,vi Blll'il. >f LfS(islir .IT'' C. 35. Anno 3 et,4 Vic. Reg. A. D. 1840. Provinces, upon, from, and after a certain day in such Proclamation to be appointed, which Day shall be within Fifteen Calendar Months next after the passing of this Act, shall form and be One Province, under the name of the Province of Canada and thenceforth the said Provinces i^hall constitute and be One Province, under the Name aforesaid, upon, from, and after the Day so appointed as aforesaid. II. And be it enacted, That so much of an Act passed in the Session of Parlia. ji. nient held in the Thirty first year of the Reign of King George the Third, intituled, /in Act to repeal certain Parts of an Act passed in the Fourteenth Year of His JMajcstij'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 sai'i Prot;ince, as provides for constituting and composing a Legislative Council and Assembly within each of the said Provinces respectively, and icr 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 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 uf 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 establishing 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 Parlia- ment shall not be held to revive or give any Force or Effect to any Enactment which has by the said Acts, or any of them, been repealed or determined. III. And be it enacted, That from and after the reunion of the said Two Provinces there shall be within the Province of Canada One Legislative Council and One Assembly, to be severally constituted and composed in the manner herein- after prescribed, which shall be called " The Legislative Council and Assembly ot 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 ot Canada, A. hen rept I'xU Pre Cou Maj iny V of AU D. 1840. Anno 3 et 4 Vic. Keg. )ii ijft). C. 35. 5 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 s%id late Majesty, as are not hereby repealed, or to any act of Parliament made or to be madet and not hereby repealed, which does or fchall, by express Enactment or by necessary Intendment* I'xtcnd to the provi- "^ 'Jpper and Lower Canada, or to either of them, or to the Province of Canada ; 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 bind- int; to all intents and jjurposes within the Province of Canada. IV. And be it enacted. That for the Purpose of composing the LegislativeCouncil of the Province of Canada it shall be lawful for Her Majesty beforethe time to he iippointed for the First Meeting of the said Legislative Council and 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 tit, 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 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 theUnited 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. V. And be it enacted. That every member of the Legislative Council of the Pro- vince of Canada shall hold his Seat therein for the term of his life, but subject nevertheless to the Provisions herein after contained for vacating the same. or Lpfulailve Councillors- Outliticaiiuii of LegiilalUtt Catiiiri||or>. Teriuio of Of- fice 1)1 Coun- cilkir VL And be it enacted, That it shall be i.v'al for any Member of the Legislative iu,i iiudiicy nf ."wfrC'anado. y VII. And be it enacted. That the City of Toronto shall be represented by Two Members, and the Towns of Kingston, Brockvillc, Hamilton, Cornwall, Niagara, 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 ttmporaiif Provision for the Qovernment 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 Chenaye, L'Acadie, Laprairie, Dorchester, and Beauce, herein.after 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 Chenaye 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 Countiesof 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. V 1 ai sn loivn Consii- lutnct uT l.i'ive'rCanaOo. Boundiriei i I i;if« niul XX. And be it enacted. That the Cities of Quebec, and Montreal shall each be represented by Two Members, and the Towns of Three Rivers and Sherbrooke fehall each be represented by One Member in the Legislative Assembly of the Province of Canada. XXI. And be it enacted. That for the Purpose of electing their several Repre- sentatives to the said Legislative Assembly, the Cities and Towns herein-before mentioned. A. D. IHIO. AfiW^i 4 Vic. Woo. -ft' h. 35. f) Tbwni f' b* ■eitleil by Uo- varnor. mentioned shnti be deemed to beibQunilcd and limited Ui^jstKih'; Maoner an the (iovcrnor of the Province of Cnnadn, by Letters I'atcnt under tlie Great Seal of llie Fruvince, to be issued within Thirty Days oiler the Union^lf the uiiil: Provinces of Upper Canadfx and Lower Canada, shaU set forth and deacribs t and such Parts of any such City or Town (if any) which shall not be included jnUIwh the 13oundary of Biich City or Town respectively by such Letters Patent, for the Purposes of this Act, fihall be taken to be a Part ol the adjoining County or Riding, for the Purpose of being represented in the said Legislative Assembly. .^ .i. . - ; .- - ' ^n'>">i I'll i,:ii-i i^ii<'rirjl'. XXn. And be it enacted, That for the Purpose of electing the Members of the Legislative Assembly of the Province of Canjida, it shall be lawful lor the Governor of the said Province, from Time to Time, to nominate proper Persons to execute the Otlice of Ucturning OlHcer 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 herein-after contained. X^in. And be it enacted. That no Person shall bo obliged to execute the said T«rino( Office of Returning Officer for any longer Term than One Year, or oftener than KM'Srnmg once, unless it shall be at any Time otherwise provi Ud by some Act or Acts of ^'""f- the Legislature of the Province of Canada. |{>'lutnin|t (Xnceri. XXIV. And be it enacted. That Writs for the Election of Members to serve in the Legislative Asseqibly of the Province of Canada shall be issued by the Governor of the said Province, within Fourteen Days after the sealing of such Instrument as aforesaid^ for sunmioning and calling together such Legislative Asseml^ly ; and that such Writs shall be directed to the Returning Officers of the said Counties, Ridings, Cities, and Towns respectively ; 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 Legislature of the said Province ; 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 or Resignation of the Person chosen, or by his being summoned to the Legislative Council of the stud Province, or from any other legal Cause ; and that suclx Writs shall be made returnable within Fifty Days at farthest from the Day on which they shall bear Date, unless it shall be at any Time other- wise provided by any Act of the Legislature of the said Province ; and that in any Case of any such Vacancy which shall happen by the Death of the Person chosen, or by reason of bis being so summoned as aforesaid, the Writfor the Election of a new Member shall be issued within Six Days after Notice thereof shall have been delivered to or left at the Office of the proper Officer for issuing such Writs of Election. B Wrin of Elecliun. JO C. 35. Anno 3 €& 4 Vic Reg. A. D. 1840. Time und Place ol hnlJinK Kleciiona. XXV. And be it enacted, That it shall he lawful for the Governor of the Pro- vince of Canada for the Time being to fix the Time and Place of holding Elections of Members to serve 11 the Legislative Assembly of the said Province, until other' wise provided for as hereinafter is mentioned, giving not less than Eight Days Notice of such Time and Place. I'owcr fi> alier Syslein of Repreaen' in'ion. iVavUu* The preneni Election Lewi of ihe Two Pro- lincea lo a|)ply until altered. 14 2 Vic. c. 9. XXVI. And be it enacted. That it shr.ll be lawful for the Legislature of the Pro- vince of Canada, by any Act or Acts to be hereafter passed, to alter the Divisions and Extent of the several Counties, Ridings, Cities, and Towns which shall be represented in the Legislative Assembly of the Province of Canada, and to establish new and other Divisions of the same, and to alter the Apportionment of Represen * tatives to be chosen by the said Counties, Ridings, Cities, and Towns respectively, and make a new and different Apportionment of the Number of Representatives to be chosen in and for those Parts or the Province of Canada which now constitute the said Provinces of Upper and Lower Canada respectively, and in and for the several Districts, Counties, Ridings, and Towns in the same, and to alter and regulate the Appointment of Returning Officers in and for the same, and make Provision, in such manner as they may deem expedient, for the issuing and Re- turn of Writs for the Election of Members to serve in the paid Legislative Assem- bly, and the Time and Place of holding such Elections : Provided always, that it shall not be lawful to present to the Governor of the Province of Canada for Her Majesty's Assent any Bill of the Legislative Council and Assembly of the said Pro- vince by which the Number of Representatives in the Legislative Assembly may be altered, unless the Second and Third Reading of such Bill in the Legislative Council and the JjCgisIative Assembly shall have been passed with the Concurrence of Two Thirds of the Members for the Time being of the said Legislative Council, and of Two Thirds of the Members for the Time being of the said Legislative Assembly respectively, and the Assent of Her Majesty shall not be given to any such Bill unless Addresses shall have been presented by the Legislative Council and the Legislative Assembly respectively to the Governor, stating that such Bill has been so passed. XXVn. And be it enacted. That until Provisions shall otherwise be made by an Act or Acts of the Legislature of the Province of Canada,all the Laws which at the Time of the passing of this Act are in force in the Province of Upper Canada, and all the Laws which at the Time of the passing of the said Act of Parliament, intituled An Act to make temporary provision for the Government of Lower Canada, were in force in the Province of Lower Canada relating (o the Qualification and Disqualifi« cation of any Person to be elected, or to sit or vote as a Member of the Assembly in the A. D. 1840. Anno 3 <& 4 Vic. Reg. C. 35. II the said Provinces respectively, (except those which require a Qualification of Pro- perty in Candidates for Election, for which Provision is herflin-after made,) and relating to the Qualification and Disqualification of Voters at the Election of Mem- bero to serve in the Assemblies of the said Provinces respectively, and to the Oaths to be taken by any such Voters, and to the Powers and Duties of Returning OflScers, and the Proceedings at such Elections, and the Period during which such Elections may be lawfully continued, and relating to the Trial of controverted Elections, and the Proceedings incident thereto, and to the vacating of Seats of Members, and the issuing and Execution of new Writs in case of any Seat being vacated otherwise than by a Dissolution of the Assembly, shall respectively be applied to Elections of Mem- bers to serve in the legislative Assembly of the Province of Canada for Places situated in those parts of the Province of Canada for which such Laws were passed. XXVIII. And be it enacted. That no Person shall be capable ol being elected a ♦^''^'''''^l,'^"^" Member of the Legislative Assembly of the Province of Canada who shall not be legally or equitably seised as of Freehold, for his own Use and Benefit, of Lands or Tenements held in Free and Common Soccage, or seised or possessed, for his own Use and Benef ^. of Lands or Tenements held in Fief or in Roture, within the said Province of Canada, of the valueof Five hundredPounds of SterlingMoney of Great Britain.over and above all Rents,Charges,Mortgages, and Incumbrances charged upon and due and payable out of or affecting the same ; and that every Candidate at such Election, before he shall be capable of being elected, shall, if required by any other Candidate, or by any Elector, or by the Returning Officer, make the follow- ing Declaration : I J^ A. B. do declare and testify, that I am duly seised ar Law or in Equity as of Freehold, for my own Use and Henefit, of Lands or Tenements held in Free and Common Soccage, [or duly seised or possessed^ for my own Use and Benefit of Lands or Tenements held in Fief or in Roture (as the case may be),] in the Province of Canada, of the value of Five hundred Pounds of Sterling Money of Great Britain, over and above all Rents, Mortgages, Charges, and Incumbrances charged u|.on or due and payable out of or affecting the same ; and that I have not collusively or colourably obtained a Title to or become possessed of the said Lands and Tenements, or any Part thereof, for the purpose of qualifying or en- abling me to be returned a Member of the Legislative Assembly of the Province of Canada.* Declaratidii of Candi- dates for F.leclion. i'crsons XXIX. And be it enacted, That if any Person shall knowingly and wilfully make ,„,king fai„ a false Declaration respecting his Qualification as a Candidate at any Election as aforesaid, B 2 12 C. 35. Anno 3 & 4 Vic. Reg. A. D. IS40. neclarniinn liable In Ilia PsnallieB uf aforesaid, such Person shall be deemed to be guilty of a Misdemeanor, and being thereof lawfully convicted shall suffer the like Pains and Penalties as by Law are incurred by Persons guilty of wilful and corrupt Perjury in the Place in which such false Declaration shall have been made. PInce and Timna of hold- ing I'arlia. meni. Durntii'n oi Parlianien'. Ftnl calling mgelher n( Ihe LHgialalure. l.ieclion of the Speaker. XXX. And be it enacted, That it shall be lawful for the Governor of the Pro- vince of Canada for the Time being to fix such Place or Places within any Part of the Province of Canada, and such Times for holding the First and every other Session of the Legislative Council and Assembly of the said Province as he may think fit, such Times and Places to be afterwards changed or varied as the Governor may judge advisable and most consistent with general Convenience and the Public Welfare, giving sufficient Notice thereof; and also to prorogue the said Legislative Council and Assembly from Time to Time, and dissolve the same, by Proclamation or otherwise, whenever he shall deem it expedient. XXXL And be it enacted, That there shall be a Session of the Legislative Council and Assembly of the Province of Canada once at least in every Year, so that a Period of Twelve Calendar Months shall not intervene between the last Sitting of the Legislative Council and Assembly in One Session andtheFirst Sitting of the Legislative Council and Assembly in the next Session ; and that every Legislative Assembly of the said Province hereafter to be summoned and chosen shall continue for Four Years from the Day of the Return of the Writs for choosing the same, and no longer, subject nevertheless to be sooner prorogued or dissolved by the Governor of the said Province. XXXIL And be it enacted, That the Legislative Council and Assembly of the Province of Canada shall be called together for the First Time at some Period not later than Six Calendar Months after the Time at which the Provinces of Upper and Lower Canada shall become re-united as aforesaid. XXXllL And be it enacted. That the Members of the Legislative Assembly of the Province of Canada shall, upon the First Assembling after every General Election, proceed forthwith to elect One of their Number to be Speaker ; and in case of his Death, Resignation, or Removal by a Vote of the said Legislative Assembly, the said Members shall forthwith proceed to elect another of such Members to be such Speaker ; and the Speaker so elected shall preside at all Meetings of the said Legislative Assembly. XXXIV. A D. 1840. Anno 3 & 4 Vic. Heg. C. 35. 13 . v^CXIV. And be it enacted, That the Presence of at least Twenty Members of Quorum the Legislative Assembly of the Province of Canada, including the Speaker shall be necessary to constitute a Meeting of the said Legislative Assembly for the Exercise of its Powers ; and that all Questions which shall arise in the said Assembly shall be decided by the Majority of Voices of such Members as shall be present, other than the ISpeaker, and when the Voices shall be equal the Speaker shall have the casting Vojce. Oivisioii. Ciaiing Vuie. XXXV. And be it enacted, That no Member, either of the Legislative Council or of the Legislative Assembly of the Province of Canada, shall be permitted to sit or vote therein until he shall have taken and subscribed the following Oath before the Governor of the said Province, or before some Person or Persons authorized by such Governor to administer such Oath : Nil Memher m ► ii or vole uniil he has laktfii the foh I'Wiiis Oiiih lit Allfgiiince. J J. B. do sincerely promise and swear, That I will be faithful and bear true Allegiance to Her Majesty Queen Victoria, as lawful Sovereign of the United Kingdom of Great Hritain and L'eland, and of this Province of Canada, dependent on and belonging to the said United Kingdom j and that I will defend Her to the utmost of my Power against all traitorous Conspiracies and Attempts whatever which shall be made against Her Person, Crown, and Dignity ; and that I will do my utmost Endeavour to disclose and make known to Her Majesty, Her Heirs aud Succe?sors, all Treasons and traitorous Conspiracies and Attempts which I shall know to be against Her or any of them J and all this I do swear without any Equivocation, mental Evasion, or secret Reservation, and renouncing all Pardons, and Dispensations from any Person or Persons whatever to the contrary. So help me GOD.' Onlh Mle;! iiiiice. XXXVL And be it enacted, That every Person authorized by Law to make Affirmntio,, an Affirmation instead of taking an Oath may make such Affirmation in every 0',',^*'' "' Case in which an Oath is herein-before required to be taken. XXXVn. And be it enacted. That whenever any Bill which has been passed (iivin« or by the Legislative Council and Assembly of the Province of Canada shall be A88f»1'i'o"Biiij presented for Her Majesty's Assent to the Governor of the said Province, such Governor shall 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 Her Majesty, Her Heirs or Successors, tiiat he assents to such Bill in Her Majesty's Name, or that he withholds Her Ma- jesty's Assent, or that he reserves such Bill for the Signification of Her Majesty's Pleasure thereon, XXXVIH, 14 C. 35. Anno 3 & 4 Vic. Reg. A. D. 1840. ed Billf asiBDl- tu. A-ienI I" incrted. Ullli itie G ity of ivtrrjor. XXXVIII. And be it enacted, That whenever any Bill which shall have been presented for Her Majesty's Assent to the Governor of the said Province of Canada, shall by such Governor have been assented to in Her Majesty's Name, siich Governor shall . by the first convenient Opportunity, transmit to one of Her Majesty's Principal Secretaries of State an authentic Copy of Such Bill so assented to ; and that it shall be lawful, at any Time within Two Years after such Bill shall have been so received by such Secretary of State, for Her Hajesty, by Order in Council, to declare Her Disallowance of such Bill ; and that such Disallowance, together with a Certificate under the Hand and Seal of such Secretary of State, certifying the Day on which such Bill was received as aforesaid, being signified by such Governor to the Legislative Council and Assembly of Canada, by Speech or Message to the Legislative Council and Assembly of the said Province, or by Proclamation, shall make void and annul the same from and aAier the Day of such Signification XXXIX. And be it enacted, That no Bill whiqh shall be reserved for the Sig- nification of Her Majesty's Pleasure thereon shall have any Force or Authority within the Province of Canada until the Governor of the said Province shall signify, either by Speech or Message to the Legislative Council and Assembly of the said Province, or by Proclamation, that such Bill has been laid before Her Majesty in Council, and that Her Majesty has been pleased to assent to the same ; and that an Entry shall be made in the Journals of the said Legislative Council of every such Speech, Message, or Proclamation, and a Duplicate thereof j duly attested, shall be delivered to the proper Officer, to be kept among the Records of the said Province ; and that no Bill which shall be so reserved as aforesaid shall have any Force or Authority in the said Province unless Her Majesty's Assent thereto shall have been so sijjnified as aforesaid within the Space of Two Years from the Day on which such Bill shall have been presented for Her Majesty's Assent to the Governor as aforesaid. XL. Provided always, and be it enacted. That nothing herein contained shall be construed to limit or restrain the Exercise of Her Majesty's Prerogative in authorizing, and that notwithstanding this Act, and any other Act or Acts passed in the Parliament of Great Britain, or in the Parliament of the United Kingdom of Great Britain and Ireland, or of the Legislature of the Province of Quebec, or of the Provinces of Upper or Lower Canada respectively, it shall be lawful for Her Majesty to authorize the Lieutenant Governor of the Province of Canada to exercise and execute, within such Parts of the said Province as Her Majesty shall think fit, notwithstanding the Presence of the Governor within the Province, such A. D. 1840. Anno 3 «fe 4 Vic. Keg. C. 35. »5 by such of the Powers, Functions, and Authority, as well judicial as other, which before and at the Time of passing of this Act were and are vested in the Gov- ernor, Lieutenant Governor, or Person administering the Government of the Provinces of Upper Canada and Lower Canada respectively, or of either of them, and which from and after the said Re-union of the said Two Provinces shall become vested in the Governor of the Province of Canada ; and to authorize the Governor of the Province of Canada to assign, depute, substitute, and appoint any Person or Persons, jointly or severally, to be his Deputy or Deputies within any Part or Parts of the Province of Canada, and in that Capacity to exercise, perform, and execute during the Pleasure of the said Governor, such of the Powers, Functions, and Authorities, as well judicial as other, as before and at the Time of the passing of this Act were and are vested in the Governor, Lieutenant Governor, or Person adnriinistering the Government of the Provinces of Upper and Lower Canada respectively, and which from and after the Union of the said Provinces shall become vested in the Governor of the Province of Canada, as the Governor of the Province of Canada shall deem to be necessary or expedient : Provided always, that by the Appointment of a Deputy or Deputies as aforesaid, the Power and Authority of the Governor of the Province of Canada shall not be abridged, altered, or in any way affected, otherwise than as Her Majesty shall think proper to direct. XLL And be it enacted. That from and afler the said Re-union of the said Two Provinces all Writs, Proclamations, Instruments for summoning and calling together the Legislative Conncil and Legislative Assembly of the Province of Canada, and for proroguing and dissolving the same, and all Writs of Summons and Election, and all Writs and public Instruments whatsoever relating to the said Legislative Council and Legislative Assembly, or either of them, and all Returns to such Writs and Instruments, and all Journals, Entries, and written or printed Proceedings, of what Nature soever, of the said Legislative Council and Legislative Assembly, and of each of them respectively, and all written or printed Proceedings and Reports of Committees of the said Legislative Council and Legislative Assembly respectively, shall be in the English Language only : Provided always, that this Enactment shall not be construed to prevent translated Copies of any such Documents being made, but no such Copy shall be kept among the Records of the Legislative Council or Legislative As< sembly, or be deemed in any Case to have the Force of an original Record. XLII. And be it enacted. That whenever any Bill or Bills shall be passed by Ecciesi.»i:c«i the Legislative Council and Assembly of the Province of Canada, containing any ".ghV/.""" Provisions t l.dtlgllHl.'. I>l LeghUtva ItcesrJ*. 16 C. 35. Anno 3 «fe 4 Vic. Reg. A. D. 1 840. Provisions to vary or repeal any of the Provisions now in force contained in an Act 14 G. 3. c. 83. "f *'^^ Parliament of Great Britain passed in the Fourteenth Year of the Reign of His late Majesty King George the Third, intituled An Act for making more effectual Provision for the Government of the Province of Quebec in North America, or in the aforesaid Acts of Parliament passed in the Thirty-first Year ofthe same Reign, respecting the accustomed Dues and Rights of the Clergy ofthe Church of Rome ; or to vary or repeal any ofthe several Provisions contained in the said last mentioned Act, respecting the Allotment and Appropriation of Lands for the Support of the Protestant Clergy within the Province of Canada, or respecting the constituting, erecting, or endowing of Parsonages or Rectories within the Province of Canada, respecting the Presentation of Incumbents or Ministers of the same, or res- or pecting the Tenure on which such Incumbents or Ministers shall hold or enjoy the same ; and also that whenever any Bill or Bills shall be passed containing any Provisions which shall in any Manner relate to or affect the Enjoyment or Exercise of any Form or Mode of Religious Worship, or shall impose or create any Penalties, Burdens, Disabilities, or Disqualifications in respect ofthe same, or shall in any Manner relate to or affect the Payment, Recovery, or Enjoyment of any of the accustomed Dues or Rights herein-before mentioned, or shall in any Manne. relate to the granting, imposing, or recovering of any other Dues, or Stipends, or Emoluments, to be paid to or for the Use of any Minister, Priest, Ecclesiastic, or Teacher, according to any Form or Mode of Religious Worship, in respect of his said Office or Function ; or shall in any Manner relate to or affect the Establishment or Discipline of the United Church of England and Ireland among the iMembers thereof within the said Province ; or shall in any Manner relate to or affect Her Majesty's Prerogative touching the granting of Waste Lands of the Crown within the said Province ; every such Bill or Bills shall, previously to any Declaration or Signification of Her Majesty's Assent thereto, be laid before both Houses of Parliament of the United Kingdom of Great Britain and Ireland ; and that it shall not be lawful for Her Majesty to signify Her Assent to any such Bill or Bills until Thirty Days after the same shall have been laid before the said Houses, or to assent to any such Bill or Bills in case either House of Parliament shall, within the said Thirty Days, address Her Majesty to withhold Her Assent from any such Bill or Bills ; and that no such Bill shall be valid or effectual to any of the said Purposes within the said Pi'ovince of Canada unless the Legislative Council and Assembly of such Province shall, in the Session in which the same shall have been passed by them, have presented to the Governor of the said Province an Address or Addresses specifying that such Bill or Bills contains Provisions for some of the Purposes herein-before specially described, and desiring that, in order to give Effect to the same, such Bill or Bills may A. D. 1840 Anno 3 et 4 Vic. Reg. C. 35. 17 may be transmitted to England without Delay, for the Purpose of its being laid before Parliament previously to the Signification of Her Majesty's Assent thereto. XLIII. And whereas by an Act passed in the Eighteenth Year of the Reign of His late Majesty King George the Third, intituled An Act for removing all Doubts and apprehensions concerning Taxation by the Parliament of Great Britain in any of the Colonies, Provinces, and Plantations in North America and the West Indies j and for repealing so much of an Act made in the Seventh Year of the Reign of His present Majesty as imposes a Duty on Tea imported from Great Britain into any Colony or Plantation in America, or relating thereto, it was declared, that " the King and Parliament of Great Britain would not impose any Duty, Tax, or Assessment whatever, payable in any of His Majesty's Colonies, Provinces, and Plantations in North America or the West Indies, except only such Duties as it might be expedient to impose for the Regulation of Commerce, the net Produce of such Duties to be always paid and applied to and for the Use of the Colony, Province, or Plantation in which the same shall be respectively levied, in such Manner as other Duties collected by the Authority of the respective General Courts or General Assemblies of such Colonies, Provinces, or Plantations were ordinarily paid and applied :" And whereas it is necessary, for the general Benefit of the Empire, that such Power of Regulation of Commerce should continue to be exercised by Her Majesty and the Parliament of the United Kingdom of Great Britain and Ireland, subject nevertheless to the Conditions herein-before recited, with respect to the Application of any Duties which may be imposed for that Purpose; be it therefore enacted, That nothing in this Act contained shall prevent or affect the Execution of any Law which hath been or shall be made in the Parliament of the said United Kingdom for establishing Regulations and Prohibitions, or for the imposing, levying, or collecting Duties for the Regulation of Navigation, or for the Regulation of the Commerce between the Province of Canada and any other Part of Her Majesty's Dominions, or between the said Pro- vince of Canada or any Part thereof and any Foreign Country or State, or for appointing and directing the Payment of Drawbacks of such Duties so imposed, or to give to Her Majesty any Power or Authority, by and with the Advice and Consent of such Legislative Council and Assembly of the said Province of Canada, to vary or repeal any such Law or Laws, or any Part thereof, or in any Manner to prevent or obstruct the Execution thereof : Provided always, that the net Pro- duce of all Duties which shall be so imposed shall at all Times hereafter be applied to and for the Use of the said Province of Canada, and (except as herein- after Colonial 'I'lialioo. 18 <;. 1 c. H- 18 C. 35. Anno 3 & 4 Vic. Reg. A. D. 1840. «*ouri« of Ap. petl Pidbala, Oiicen't Hencli, aiii] ChnncRfy. '" U|iper Cnnaila, Riiil Oiirf <>f Appeal III liOvter Cunoilti. (I,*wa (if Up. per Cminila, .').'} G. 3. in. 'J. c. 8 ) I.nwii (if L'pper I'niiaila, i W. 4. c. H.) (l.awa of Up' prr Canada, 1 Vf.4. c. ','.) ( Lawtnf Low^ r.i CanHrin, M o. ;i ) after provided) in such Manner only as shall be directed by any Law or Laws which may be made by Her Majesty, by and with the Advice and Consent of the Legislative Council and Assembly of such Province. XLIV. And whereas by the Laws now in force in the said Province of Upper Canada the Governor, Lieutenant Governor, or Person administering the Government of the said Province, or the Chief Justice of the said Province, together with any Two or more of the Members of the Executive Council of the said Province, constitute and are a Court of Appeal for hearing and determining all Appeals from such Judgments or Sentences as may lawfully be brought before them : And whereas by an Act of the Legislature of the said Province of Upper Canada, passed in the Thirty-third Year of the Reign of His late Majesty King George the Third, intitulecl, /In Act to establish a Court of Probate in the said Province, and aha a Surrogate Court in every District thereof, there was and is established a Court of Probate in the said Province, in which Act it was enacted that the Governor, Lieutenant Governor, or Person adminis- tering the Government of the said last-mentioned Province shall preside, and that he should have the Powers and Authorities in the said Act specified : And whereas by an Act of the Legislature of the said Province of Upper Canada, passed in the Second Year of the Keign of His late Majesty King William the Fourth, intituled An Act respecting the Time and Place of Silting of the Court of King's Bench, it was among other things enacted, that His Majesty's Court of King's Bench in that Provnicc should be holden in a I'lace certain ; that is, in the City, Town, or Place which should be for the Time being the Seat of the Civil Government of the said Province or within One Mile therefrom : And whereas by an Act of the Legislature of the said Province of Upper Canada, pas.'cd in the Seventh Year of the Reign of His late Majesty King William the Fourth, intituled An Act to establish a Court of Chancery in this Province, it was enacted, that there should be constituted and established a Court of C hancery, to be called and known by the Name and Style of "The Court of Chancery for the Province of Upper Canada," of which Court the Governor, Lieutenant Governor, or Person administering the Government of the said Province should be Chancellor ; and which Court, it was also enacted, should be holden at the Seat of Government in the said Province, or in such other Place as should be appointed by Proclamation of the Governor, Lieutenant Governor, or Person administering the Government of the said Province : And Whereas by an Act of the Legislature of the Province of Lower Canada, passed in the Thirty-fourth Year of the Reign of His late Majesty King George the Third, imituled An Act for the Division of the Province at Lower Canada, for amending the Judicature thereof, and for repealing certain Lutv!> A. D. IHJO. Anno 3 ife 4 Vic. Reg. C. 35. r9 Laws therein mentionefft it was enacted, that the Governor, Lieutenant Governor, or the Person administering the Government, the Members of the Executive Council of'thesiiid Province, the Chief Justice thereof, and theCliicf Justice to be appointed for the Court of King's Bench at Montreal, or any Five of them, the Judges of the Court of the District wherein the Judgment appealed from was given excepted, should constitute a Superior Court of Civil Jurisdiction, or Pro- vincial Court of Appeals, and should take cognizance of, hear, try, and determine all Causes, Matters, and Thing* appealed from all Civil Jurisdictions and Courts wherein an Appeal is by Law allowed ; be it enacted. That until otherwise pro- vided by an Act of the Legislature of the Province of Canada, all judicial and ministerial Authority which before and at the Time of passing this Act was vested in or might be exercised by the Governor, Lieutenant Governor, or Person administering the Government of the said Province of Upper Canada, or the Members or any Number of the Members ot the Executive Council of the same Province, or was vested in or might be exercised by the Governor, Lieute- nant Governor, or the Person administering the Government of the Province of Lower Canada, and the Members of the Executive Council of that Province, shall be vested in and may be exercised by the Governor, Lieutenant Governor, or Person administering the Government of the Province of Canada, and in the Members or the like Number of the Members of the Executive Council of the Province of Canada, repectively ; and that, until otherwise provided by Act or Acts of the Legislature of the J'rovince of Canada, the said Court of King's Bench, now called the Court of Queen's Bench of Upper Canada, shall from and after the Union of the Provinces of Upper and Lower Canada be liolden at the City of Toronto, or within One Mile from the Municipal Boundary of the said City of Toronto : Provided always, that, until otherwise provided by Act or Acts of the Legislature of the Province of Canada, it shall be lawful for the Governor of the Province of Canada, by and with the Advice and Consent of the Executive Council of the same Province, by his Proclamation to fix and appoint such other Place as he may think fit within that Part of the last-mention- ed Province which now constitutes the Province of Upper Canada for the holding of the said Court of Queen's Bench. XLV. And be it enacted, that all Powers, Authorities, and Functions which by P(mer.i.)b» the said Act passed in the Thirty-first Year of tho P.tigti of His late Majesty King ooJelno'^r *i,i, George the Third, or by any other Act of Parliament, or by any Act of the Legisla- "'*„^,j|''„)."""' ture of the Provinces of Upper and Lower Canada respectively, are vested in or «i"ni'. are authorized or required to be exercised by the respective Governors or Lieu- tenant Governors of the said Provinces, with the Advice or with the Advice and Consent C 2 2i) C.35. Anno 3 lin| tar.d. Ltwi Courii uf Jut. tice, CamiKis. iiiont, OI!iccrt, Ac Consent of the Executive Council of such Provinces respectively, or in conjunction with such Executive Council, or with any Number of the Members thereof, or by the said Governors or Lieutenant Governors individually and alone, shall, in so far as the same are not repugnant to or inconsistent with the Provision of this Act, be vested in and may be exercised by the Governor of the Province of Canada, with the Advice or with the Advice and Consent of, or in conjunction, as the Case may require, with such Executive Council, or any Members thereof, as may be appoint, ed by Her Majesty for the Affairs of the Province of Canada, or by the said Governor of the Province of Canada, individually and alone in Cases where the Advice, Consent, or Concurrence of the Executive Council is not required. XLVI. And be it enacted. That all Laws, Statutes, and Ordinances, which at the Time of the Union of the Provinces of Upper Canada and Lower Canada shall be in force within the said Provinces or either of them, or any Part of the said Provinces respectively, shall remain and continue to be of the same Force, Autho- rity, and Effect in those Parts of the Province of Canada which now constitute the said Provinces respectively as if this Act had not been made, and as if the said Two Provinces had not been united as aforesaid, except in so far as the same are repealed or varied by this Act, or in so far as the same shall or may hereafter, by virtue and under the Au hority of this Act, be repealed or varied by any Act or Acts of the Legislature of the Province of Canada. XLVIL And be it enacted, That all the Courts of Civil and Criminal Juris- diction within the Provinces of Upper and Lower Canada at the Time of the Union of the said Provinces, and all legal Commissions, Powers, and Authorities, and all Officers, judicial, administrative, or ministerial, within the said Provinces respectively, except in so far as the same may be abolished, altered, or varied by or may be inconsistent with the Provisions of this Act, or shall be abolished, altered, or varied by any Act or Acts of the Legislature of the Province of Canada, shall continue to subsist within those Parts of the Province of Canada which now constitute the said Two Provinces respectively, in the same Form and with the same Effect as if this Act had not been made, and as if the said Two Provinces had not been re-united as aforesaid. Ptovilion !•• r«apsulin( t«iii|i(irir)> Acti. XLVIIL And whereas the Legislatures of the said Provinces of Upper and Lower Canada have from Time to Time passed Enactments, which Enactments were to continue in force for a certain Number of Years afler the passing thereof, " and from thence to the End of the then next ensuing Session of the Legislature of the Province in which the same were passed;" be it therefore enacted, A. D. 1840. Anno 3 & 4 Vic, Reg. C. 35. 81 by enacted, That whenever the Words «• and from thence to the End of the then next ensuing Session of the Legislature," or Words to the same £ffect, have been used in any temporary Act of either of the said Two Provinces wliich shall not have expired before the Re-union of the said Two Provinces, the said Words shall be construed to extend and apply to the next Session of the Legislature of the Province of Canada. XLIX. And whereas by a certain Act passed in the Third Year of the Reign ^.p.^, „, p,„ of His late Majesty King George the Fourth, intituled An Act to regulate the 3 0, <.c. us Trade of the Provinces o/ Lower and Upper Canada, and for other purposes relating to the said Provinces, certain Provisions were made for appointing Arbitrators, with Power to hear and determine certain Claims of the Province of Upper Canada upon the Province of Lower Canada, and to hear any Claim which might be advanced on the Part of the Province of Upper Canada to a Proportion of certain Duties therein mentioned, and for prescribing the Course of Proceed- ings to be pursued by such Arbitrators ; be it enacted, That the said recited Provisions of the said last-mentioned Act, and all Matters in the same Act contained which are consequent to or dependent upon the said l^rovisions or any of them, shall be repealed. L. And be it enacted. That upon the Union of the Provinces of Upper and Re,«nuet of Lower Canada all Duties and Revenues over which the respective Legislatures ','|*eJ,"'J'o '',[°-^ of the said Provinces before and at the Time of the passing of this Act had and have Power of Appropriation shall form one Consolidated Revenue Fund, to be appropriated for tne Public Service of the Province of Canada, in the Manner and subject to the Charges herein-after mentioned. a Coniulidii.d Raitrnue Fund of iha ProTino* of Canada. LI. And be it enacted. That the said Consolidated Revenue Fund of the conaoiidaied Province of Canada shall be permanently charged with all the Costs, Charges, JiVe chtrjed"'* and Expences incident to the Collection, Management, and Receipt thereof, of'"coM«i°oB" such Costs, Charges, and Expences being subject nevertheless to be reviewed >"aid Consolidated Revenue Fund. LV. And he It enacl'd, That tho Consuhdntion of tlio Duties and Revenues of ci,„„„ the said Province shall not be taken lo affect I he Payment out of the said Consoli' ■['"'fi'I.'/V'n,'*. dated Revenue Fund of any sum or sums heretofore charj^ed upon th Wales and »'"'••• Duties already raised, levied, and coUfctt 1, or to I'o raised, levied, and co.lpcted, to and for the Use of either of the said Provinces of i Jpper Canada or Lowei ''Canada, or of the Province of Canada, for such time as shall have been appointed iv the several Acts of ihfl Legislature of the Province by which such Charge^ were f3ve- rally authorized. LVI. And be it enacted, That the Expences of the Collection, Manag. lent and Receipt of the said Consolidxted Revenue Fund, shall form the Fi st Cha. ther. - on ; and that the annual Interest of the Public Debt of the Provinces of l]iJf»er ai i Lower Canada, or of either of them, at the time of the Re-union of the said Pro- vinces, shall form the Second Charge thereon ; \iid that the Payments to h to the Clergy of the United Church of Eiiglau I and Ireland, and to Clcrgj Church of Scotland, and to Ministers of other Christian Denominations, pure, any Law or Usage ■whereby such Payments, bei 'ic or at the time of p;i .^ Act, were or aie legally or usually paid out ol the Public or Crown Revci either of the Provinces of Upper and Lower Can uJa, shall Ibrm the Third C upon the said Consolidated Revenue Fund ; and that the said sum of Fortv thousand Pounds shall form the Fourth Charge tli reon ; and that 'he said sui Thirty thousand Pounds, so long as the same shall continue to be payable, ^ form the Fifth Charge thereon ; and that the othei Charges upon the Rates Duties levied within the said I'rovince of Canada h( reinbel'ore reserved shall f( the Sixth Charge thereon, so long as such Charges si all continue to be payable. ade the tto his e of :e ve Tlje Or at dl' ('liarm-H on Ih* Cunioliiltteil Fund III br : — ■ •I Eipancn i>r Cull.ction; 3il. Inisretl n( Iha Drbl ; 3.1. Paymsnu •D Ilia ClTcy ; 4ih. and Aili. Civil Liil i ti