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'■ir ^ - fa s ' Km. ■ •'v' & ?"^.- >.■; f .- >," A. •» .4. - 4V; , 1 '-* *- ■<«., I f ;■ J* '-<» BRIEF VIEW OF THE CONSTITUTION OF CANADA, AND OP THE LAWS GOVERNING THE ELECTION OP MEMBERS TO THE LEGISLATIVE COUNCIL AND ASSEMBIT, THEIR PROCEEDINGS IN PAR- LIAMENT, WITH A STATISTICAL TABLE OF THE LEGISLATION OF THE CANA- DAS FROM THE CONQUEST. WITH A LIST OF GOVERNORS, COUNCILLORS, OFFICERS, &c., &c., &c. •♦ But now, like many other mighty nations of the Earth, they are gone into the shades of forgetfulnem, and another race with its teeming millions, is filling up the whole extent of their vast possession." Finley^a Wyandott Mission, -iA, ■ TORONTO: W. J. COATES, PRINTER, 160, KING-ST. 1: ^A'^?^ When the present little Compilation, first nnggBBied itself^ the Author* only intended to put together, in a compendious form, the Laws relating to the election of Members to the Legislative As- sembly ; and afterwards, to give distinctly, the same brief view of the Laws affecting the Legisla- tive Council, and the Executive authorities.—- Finding, however, that the combining the whole* would make but one small book, he has adopted that course, as he apprehends the most likely to be satisfactory. Each branch of the Legislature, is so intimately connected with the other, that clear information could scarcely be expected, from any exclusive Treatise. b2 - ' '," ^ ^■ 9 \w ' If '^' '"' ^ ' ^ ■ '* *'-'^' '' V-.^"- ' ' ■ .? ' "-; M«ai<(«<«M The form of Goverment in the' British .Coloniee, is in most of them, borrowed from England. ji In England, the SupreniejLegislative Power is vested, in the King, Lords, and Commons — the Executive, in the King alone. In order to assist the King, in the discharge of his duties, the maintenance of his dignity, and the exertion of his Prerogative, the law hath assigned, a diversity of Councils; the first of these, is the High Court of Parliament, second- ly, the Peers of the Realm, thirdly, his Judges of the Courts of Law, for law matters, and fourth- ly, his Privy Council, which is generally, called by way of eminence, the Council, which is a " noble, honourable, and reverend Assembly of the King and of such as he wills to be of his Privy Council." The number of this Council, is indefinite, the Cabinet Council^ as it is called, consists of those members of State, who ?ire more immediately honoured with His Majesty's confidence, and who •are summoned to consult upon the important and arduous discharge, of the Executive authority ; their number and jseiection, depends wholly upon the King's pleasure, and each member, receives a aummons or message, for every attendance. The nomination of particular Persons, to hold office of state, is virtually to constitute them mem- bers of the Cabinet, or Cabinet Ministers, that is, to say, th9 Administration. Thus the **.CabiBet*' JM4»>,'>M-^«jP5I^MP>»» 8 or ** Administration*' is generally understood, the Lord President of the Council, the Lortl High Chancellor, the Lord Privy Seal, the first Lord of the Treasury, the Chnricellor and under Treasurer of the Exchequer, the fhst liord of the Admiralty, the Master Genenil of the Ordnance, the Secreta- ries of State, for the Home Department, Colonies, and Foreign Affairs, the President of the Board of Control, for the aliaira of India, the Chancellor of the Duchy of Lancaster, and the President of the Board of Trade. Althouffh in Canada the Rigfhts of Person and Property, had from the conquest by the British, been secured, the people were not at first admitted to any share of Political Privilege. The Adminis- tration Civil and Military, was exerciser^ by one Individual, uniting the Functions of Governor and Commander in Chief; and tliough the Quebec Act 14 Geo. 3, sec. 3, provided that there should be a Legislative Council, the nomination rested entirely witn the ^Svereign. In 1784, a Petition was pre- sented, to the British Parliament, for the establish- ment of a Representative Constitution, and in 1791, Mr. Pitt proposed and carried, a scheme of Govern- ment, resembling that of the Mother Country. By the 31 Geo. 3, chap. 31, the Upper, was seperated from the Lower Province, and a distinct Constitution appointed for each. The Representative Body of the latter, consisted of fifty members, and the former of seventeen. A Governor with the aid of an Execu- tive Council, exercised all the Executive Functions. No act passed by the Legislatures, could become Law, till it received his assent, which he had power to suspend till the measure had been submitted to the Government at Home. No new Tax, could be imposed, without the consent of the Assembly. — The Jurisdiction of the Legislatures, extended to wvtty object connected with the Colony ; halt a5j met affecting ReHgiotif its Minittert or ]leirBnuef» or th« waste lands belonging to the crown, wai to bn laid before the two Houses of Par]i«ineiiit,ftDd reKAin there for thirty days, before the asieut could be ^iven. In a despatch from Lord Glenelg, to Sir Francis Bond Headt dated the 5th December, 1636, the following formed part of his Lordship's instructions. •* To His Majesty and to Parliament, the Oovemor of Upper Canada, is at all times most fully respon- sible for his official acts. That this responsibility is not merely nominal, but His Majesty feels the most lively interest in the v/elfare of his Canadian subjects, and is ever anxious to devote a patient and laborious attention, to any representations which they may address to him, either through their representations, or as individuals. It is the duty of the Lieutenant Governor of Upper Canada, to vindi- cate to the King and to Parliament, every act of his administration. This responsibility to his Majesty and to Parliament, is second to none, which can be imposed on a public man, and it is one, which it is in the power of the House of Assembly, at any time, by address or petition, to bring into active operation.** The Governor, had the same power in eonvokir/g* proroguing or dissolving the assemblies, that the King has in England. A Legislative Council was appointed in each, exerriising the attributes of the House of Lords, in Great Britain, having power to alter, and e?en to reject all bills sent up from the Lower House. Notwithstanding, the establishment of this form of , Constitution often cited in Canada, as « ** tran- script of the firitish,** various causes, for a long time, rendered the people dissatisfied with it^ and -/ ;*■ 'hT,-'^ ' rrTliiTiT 'Vi'TT '{T '"i W niitiaiimililifl 10 Qot oatil an alarming appearenea and esl^M 9f eivtl biacord, were tke complaintt ailenced. Tlii re-union of the Provinces, the British Parliament considered as the most effectual remedy, and in 1840, by the act of tjlie 3 and 4 Vic. chap, 35 the two Provinces were again re-united, into the Pro- vince of Canad.\ One Parliament, was established for the whole Province, with some modifications, like these lately exiettug in the two Provinces, and a Governor ap- pointed by the Crown, assisted by an Executiva Council, formed the n^w and existmg Constitution;. This Executive Council somewhat resembles that of the Privy Council, it is bound by a similar oath of secrecy, it discharges in the same manner cer^^ tain anomalous judidicial Functions* In other respects it bears a greater resemblance to ? Cabinet^ t.he Governor being in the habit of taking its advice on most of the important questions of his policy^ The present Executive Council consists of 15 memo hers, the Attornies and Solicitors General for Ca/- nada West and East, the Receiver General, the Inspector General, and the Provinciax Secretary, for Canada West, being of the number. The fol- lowing Is the form of an appointment of an Execu^ tiv«) Councillor: PATENT OF EXECUTIVE COUNCILLOE. SYDENHAM. Province of Canada, Victoria by the Grate of Ood of the United Kingdom of Great Britain and Ireland. To all to whom these Presents shall come, or whom the same may concern: Know Ye, that we being well satisned of the loyalty, integrity and ability of our trustv and well beloved Robert Baldwin^ of our city of Toronto, in the *ro- lole \t€ly n Esquire, hare thought lit to admit and appoint him the said Robert Baldwin, to be one the members of our Executive Council, for the affairs of our said Province of Canada, and after he shall have taken the oaths in that behalf by law required, to take his seat in our said Council next after W. H. T)rap«r» Esquire. To have and to hold to him the said Robert BaMwin the said office of member of our said Coun- cil, of our said Province, with all and singular the rights, privileges and profits, thereunto, appertain- ing or in any wise belonging for and during our Royal Pleasure. In testimony whereof, we have caused these our Letters to be made Patent, and the Great seal of our said Province of Canada, to be hereunto affixed. W ness our right, trusty, well beloved, the Right Honourable Charles Baron Sydenham of Sydenham in the county of Kent and of Toronto Canada, one of our most honoura- ble Privy Council, Governor General of British North America and Captain Gener- al and Governor in Chief in and over our Province of Canada, Nova Scotia, New Brunswick, and the Island of Prince Ed- ward, and Vice Admiral of the same, at our , . Government House, in our city of Montreal, in our said JVovince of Canada, the 13th of February, in the year of our Lord 1841, and in the fourth ytar of our Reign. Mli' 12 LIST OF GOVERNORS AND ADMINISTRATORS. NAMES. Sieur deMesv, Sieuf de CourceMes, »5iear de Frontenac, Sleurde la Barre, Sieur Marquia de Nonville Sieur deFrontenac, Sieur Chevalier de Callie- res, Le Sieur Marquis ds Vau- reuil, Le Sieur de Beauharnois, Sieur Coute de la Galisso. niere, Sieur de la Jonquiere,. ., Sieur Marquis du Guesne de Meneville, .Sieur de Vaudriel de Ca vagnal, James Murray, Paulus Emilus Irving, — Guy Carleton, Do do Hector J. Cranmhe, Frederick Haldimand,.... ■Henry Hamilton, Henry Hope, Lord Dorchester, Colonel Clarke, Lord Dorchester, Robert Prescott, Sir Robert S. Milnes,.,.. Hon. Thomas Dunn Sir J. H. Craig, Honorable Thomas Dunn, TITLES PERIOD OF ACCEsaioir. Sept. Sept. Oct. Aug. Nov. 23, 12. 9, 2. 28, 1663 1665 1672 16^ 1685 1689 Sept. 14. 1599 President, L G &cC.CflSept. 24, Oct. 26, Aug. 9, President, Lt G. & c. ci: Gov. General, Lt G. & C. Ct. Lieut. Gov. Pressdent, Gov. General, President, Sir George Provost, 'Gov. General. Sept. Sept. Sept. Aug. 17. 2, 25. 16, 1703 1726 1747 1749 Aug. 7, 1752 July Nov. Juue, 10, 21, 30, Sept. 24, July July Oct. June Sept. 31, 31, 24, 19, 14, 1755 1765 1766 1766 1774 1770 1778 1774 1775 1776 1791 1793 1796 1799 1805 1807 1811 1811 It )R9, :*=*= [663 665 1672 16^ 1685 1689 VAMSS. Sir 6. Drammond, John Wilson, Sir J.6.Sherbrooke G C B Duke of Richmond K C B Hon. Jftmes Monk....... Sir Peregrine Maitland,. fiarl of Dalhousie, 6 C B Sir Francis Matt Burton, Earl of Dalhousie, G C B, Sir James Kemp, G C B Lord Aylmer, j EJarl of Gosford, *. . . . Sir John Colborne, Eari of Durham, Sir John Colborne, Do do Rt. Hon. C. P. Thompson TITLESS Ad, in Chief, Administrator, Gov. General, (. (i President, Gov. General, Lieut. Gov. Gov. General, Gov. Geheral. Administrator, Gov. General Administrator, Gov. General, t( li PERIOD OP 4CCXSSI0N, April 14, May 2i, July 12, July 30, Sept. 20, Sept. 20, June 18, June 7, Sept. 23, Sept. 8, July — Feb. 27, May — Nov. — Jany. — Oct. — 1815 1J16 1816 181« 1819; Jt8i» 1826 1824 1825 1828 1830 ims^ 1«38 1838 1838 1839 1839 II H II •mm I I i i u ,1 u LIST OF LIEUTENANT GOVERNORS, ETC. FOR UPPER CANADA. NAMM. Col. John Graves Simcoe, The Hon. Peter Russell, Lieut. Gen. Peter Hunter, The Hon. Alex. Grant,... Hit Excellency Francis, Gore, Major General Sir Isaac Brock, Maj. General Sir R. Hale Sheaffe, Major General Baron de Rottenburgh, Lieut. General Sir Gor don Drummond, K C B Lieut. GenerBl Sir George Murray, Bart Maj. Genl. Sir Frederick Philipse Robinson.KCB His Excellency Francis Gore, The Hon. Samuel Smith, Maj. Genl. Sir Peregrine Maitland, KCB The Hon. Samuel Smith, Sir Peregrine Maitland, K. C B. Sir John Colboi ne, Str Francis B. Head, Sir George Arthur, TITLES. Leiut. Gov'r, President, Lieut. Gov'r, President, Lieut. Gov'r, President, <« (( (( (i (( i( Lieut. Gov'r, PERIOD OF ACCESSION. (( i( Administrator Lieut, Gov'r, Administrator Liuet. Gov-i, it July 8, 1792 July 23, 1796 Aug. 17, 179d Sept. 11, 1805 Aug. 25, 1806 Sept. 30, 1811 Oct. 20, 1812 June 19, iai3 Dec. 13, 1813 April 25,1815 July 1, 1815 Sept. 15, 1815 June 11, 1817 Aug. 13, 1818 March 8, 1820 June 30, 1120 Nov. 5, 1828 Jany. — 1836 March— 1838 LIST OF GOVERNORS ETC. OF CANADA SINCE THE RE-UNION. Lord Sydenham,' Governor General, Sif Richard Jackson, Aministraor, September, 1841. Sir Chtrlea Bagot, Governor General, January, 1842. ^OR p If. 792 11796 79d 805 LEGISLATIVE COUNCIL. ■iHfii ,' I , . 1. i-A It is the opinion of many learned writers, that the lost Ten Tribes of the House of Israel, on their being carried away prisoners out of their own land, took their route up the Euphrates, and then taking a northeasterly {Course, passed over by Behrings Straits to the American Continent, and that these constituted the Aborigines of this country. Should such an opinion be correct, and there are many striking facts to justify it, the antiquity of councils in Canada, goes far beyond, even the Wittena gemote, or the meeting of wise men of the mother ^wuntry. The Indian population has always bee» found to exist in tribes. Mr. Finley, in his history of the Wyandot Mission, gives the following infor- mation, respecting the form of government esta- blished by them: — Every tribe of Indian«,has its Totem, or some animal, which is the distinguishing mark of the tribe. The Totems of the Hurons or Wyandotts, are the bear, wolf, deer, porcupine, beaver, eagle, snake, big turtle, little turtle, and the land terrapin or turtle. Each of these tribes has its chief, or patriarch, and these chiefs compose the GRAND COUNCIL of the nation. Out of one of these tribes, always is chosen the head chief; and they are the royal tribe. But this chief is nominated by three other tribes ; the Bear, the Deer, and the Big Turtle. When he is chosen, he has the power of presiding in all councils, and of choosing his aid who is called the little chief, and of appointing the War Poll or War Chief. It takes the councu t^ declare war ; uut when war is declared, he, with his war chief, has the sole right of command, and all are bound to obey ; and yet he and his war chief e3 18 are accountable to the council for their conduct in carrying on the War. The chiefs settle all civil matters between their tribes in council ; and any difficulty in the tribe, is settled by the patriarch, or the tribe's chief and his council ; for he has the right to appoint town chiefs, whose duty it is to keep order in villages or in hunting parties. The oldest man in the tribe is generally the tribe chief, for all thf» persons belonging to a tribe are consid- ered as one family. The office of chief in the tribes is often hereditary, ai.*i if a chief has no heir, his oldest nephew takes his place. Town chiefs may be removed for bad conduct, or a neglect of duty, and another appointed in their place. Among the Indians of the Algonquin stock, every man receives from his father a Totem or family name. They affirm that no man is by their cus- toms allowed to change his Totem, and as this dis- tinctive mark descends to all the children a man may have, as well as to all the prisoners he may take and adopt, it is manifest, that like the genealo- gies of the Hebrews, hese Totems should aflford a complete enumeration of the stocks, from which all families have been derived. Of the origin of this institution, the Indians profess to know nothing. They say, they suppose the Totem was given them in the beginning of the world, by their Creator. , On the conquest of Canada by the French, thor constitution and legislative powers, were, when not exercised by the kings of France, or his Parliament, vested in a council appointed by the king, or those, to whom he gave commission, sometimes consisting of a larger, or sometimes of a smaller number of councillors. These were generally, the Governor, the Bishop, and a limited number of other persons. In 1664, on the establishment of la Compagnie des Indes OccidentaleSt these powers were vested in 10 ir, ct in civil any jh, or 8 the is to The chief* on 8 id- tribes , his may duty, every family r cus- lis dis- a man lie may enealo- afford a bich all of this lothing. sn them itor. ich, the hen not liament, )r thosct insisting imber of overnor, persons. ignie del ested in the directors of this eoroptny. On the surreadAr of this company in 1674, the council wis composed of the Governor, the Bishop of Quebec, or m hie absence of his Grand Vicar, and seven councillors. Such was the constitution of C&nada, till the con* quest, when the King of England, by a proclamation issued from St. James's in October 1763, deckred that general assemblies were to be summoned ** to make, constitute, and ordain laws,'* and by the Quebec act, 14 Geo. 3, chap. 83, a council consist- ing of persons resident within the colony not ex- ceeding 23, nor less than 17, was established. In 1791, on the division of the Piovince into Upper and Lower Canada, the Parliament was to consist of two houses, a upper and Idwer house — the for- mer called the Legislative Council, the latter, the I^egislative Assembly, and each Province was to have separate Parliaments. The Legislative Coun- cillors were to be appointed by the Governor under the Great Seal of the Province, and not fewer than seven for Upper Canada, and fifteen for Lower Canada. In 1840, the two Provinces were united, and one Legislative Council and Assembly was established for the whole Province, under which form the council now exists. 1 -atrjr: !-B« mmmggt fsmm r I » , ; ! liiL li ; , ! W' 20 1 843. t • V, ilf- Hon. R. S. Jameson, Speaker, , P B DeBIaqaiere, . Peter M'Gill, : R B Sullivan, R E Caron. William Morris, George Pemberton, Alexander Fraser, Barthelemi Joliette, JameB Crooks, Adam Fergueson, John Fraser, John Macaulay, John Hamilton, F P Bruneau, John M'Donald, Adcim Ferrie, J B Tache, V H KnowHon, Thomas M'Kay, Gabriel Roy, P H Moorci Robert Dixon, Amable Dionne, Joseph Dionne, George Goodhere, L P Sherwood, William Walker, Sim. Washburn. Canada, under 'the French, ail tinder the Bntith OrcwB» vma governed by councils, ia whonO) till 1791, waa vested the Supreme Provincial powerf of making laws, to be assented toby the respectivf and successive Sovereigns. Tjie individuals cehalf, ulei of "Ho- embly, ng the hdraw- 28 CONFERENCES. When the House of Assembly shall judge it ne- cessary to request a conference, the reasons to be given by the Houso upon the subject of the confer- ence are prepared and agreed to by the House before thv<; messengeis are appointed to make the request. OFFICERS. The Clerk of the Council, the Chamberlain, the Librarian, the Master in Chancery, the Usher of the Black Rod, and the Sergeant-at-Arms. MAKING LAWS. See Compendium of Election Laws. Pre feedings in Parliament. 1, is not intmeni ! a meet- are de- Speaker* Speaker Legisla- ouncil to h House, embly to lamed by at-Armi. fl ,1 LEGISLATIVE ASSEMBLY. ■'1: ii ,5 ! '» 1 If ; 1 ■ ill i COMPENDIUM OF ELECTION LAWS, 6nj. The Laws goveming the Election of Members to the House of Assembly for the Province of Canada, are somewhat complex. These Laws, divide them- selves into three periods — namely — first, such as were enacted after the Conquest, and before the Division of the Provinces in 17Ci, into Upper and Lower Canada and such of them as are unrepeal- ed, at present govern the whole Province of Canada, of which the principal, is the 31st Geo., 3 chap., 31, of the Imperial Parliament ; — Secondly, the Laws passed by the Legislative Assemblies of the two Provinces, and which govern only those parts of the Province over which the respective Legislative Assemblies had jurisdiction : — and, Thirdly, the Laws passed since the Union of the Provinces, gov- erning the whole Province of Canada — to which may be added, those of the Imperial Parliament. By the 3 and 4 Vic, c. 35, s. 27, of this Parliament, it is declared, that until provision shall otherwise be made •* all the Laws which at the time of the pass- " ing that Act were in force in the Province of Upper •* Canada, and all the Laws which at the time of the * passing of the 1 and 2 Vic, chap. 9, were in force " relating to the qualification and disqualification of ** any person to sit or vote as a member, except ** those which require a qualification of property in " Candidates for election, and relating to the quali- " fication and disqualification of voters at the elec- 28 •'tioii of members to serve in tlie Assemblies re- " apectively, and to the oaths to be taken by such " voters, and to the powers and duties of returning " officers, ff.nd 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 tJie proceedings incident "thereto, and to the vacating of seats of members, "and the issuing and execution of new writs, shall " respectively be applied to election of members 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." The places represented, and the number of Re- presentatives ; the qualifications of Electors, and of the Members ; and the time, and mode of election — form the chiel objects of the Election Laws. Of the first, it will be observed, that after the first divi- sion of Canada into Electoral Districts, namely, in 1791, when Lower Canada was divided into 21 Counties and 4 representative Boroughs, and Upper Canada into nineteen Counties, the varied circum- stances of the Province, in regard to population, led to a new division of the Lower Province, by the 9 Geo. 4, chap. 73, when that Province was divided into 40 counties ; while the Upper Province was adding to the electoral divisions, new counties, by the 38 Geo. 3, chap. 5, and the several other acts of the Provincial Legislature of that Province. Both Provinces, at different periods, providing, that the future population of the counties, should regulate the number of members to represent them, and, both fixing the amount at 1000 souls for one member, and 4,000, for two. The 3 and 4 Vic, chap. 35, fixed the number of Count3% and City or Town members — as we now find them — namely, for the m 29 Counties, 68 ; and City and Town, 15 : but as the Statute of 9 Geo. 4, chap. 73, for the Lower I^o- vince, and 60 Geo. 3, chap. 2, for the Upper Pro- vince, regulating tne representation by the popula- tion, remain unrepealed, urider the existing laws, the members may be increased, on the population rising in amount, as prescribed by these acts ; and for the Upper Pr< vince, so soon as the Governor proclaims a township attached to the university, an additional member will be given to represent the university. In the qualification of electors, there is a difference in the two parts of the Province. In the Lower Province, the county qualification, 2 Geo. 4, chap. 4, requires that the elector shall have been in the actu .1 receipt of the rents and profits for his own use above six calendar months preceding the election, and does not require that the qualification should be registered ; whereas, in the Upper Province, by 4 Geo. 4, chap. 3, no person shall be qualified to vote, in respect of any estate unless the Deed of Conveyance under which he derives it, shall have bec-n registered, three calendar months before the electton, or unless he shall have been in actual possession or receipt of tho rents and profits for his ow.i use tvvelve calendar MONTHS before such election. Until the 4 Geo. 4, chap. 3, for Upper Canada, there was no property qualification required from the members. By this act, members for the Ix'gislative Assembly of this Province, were required to possess an unencum- bered freehold of the assessed value of jG80. ; but nov by 3 and 4 Vic, chap. 35, members from both parts of the Province must possess unencumbered freehold estate in the Province oi" Canada, of the value of JC500. sterling. The recent act of the Provincial Legislature, namely, 6 Vic, chap. 1, maizes fresh arrangements in the proceedings at electir'ns, in cases wiit.re a poll is demanded — ■II, 30 i I in which case, polls are to be taken in every Parish and Ward of the Electoral Divisions : but when there is no poll demanded* the form and mode of proceeding: at elections and the place of election, is regulated by the Statutes of the Itnperial Parliament 31 Geo. 3, chap. 31, 3 and 4 Vic, chap. 35, and the several unrepealed acts of the Provincial Legisla- tures of the late Provinces of Lower and Upper Canada The whole of the laws now regulating the election of the Province, are 1 herefore, arranged in the following pa^es : — First, selting forth the Counties, Cities, and Towns represented. Secondly, the number of members represeiting such Counties, Cities, and Towns. Thirdly, the electors qnalifica- tions, disqualifications, and duty. Fourthly, the qua- lification of members and their daty. Fifthly, the proceedings at elections. Sixthly, the place of hold- ing elections, where no poll is demanded. Seventhly , the returning officer, his duties and powers, and of those incidents to election proceedings, which the circumstances of the Province from time to time hcve suggested. Eighthly, controverted elections. And lastly, a brief statement of the authority for summoning the Parliament and its duration. Such a summary may afford a guide to the Elector and Member, in the absence of any more enlarged trea- tise on the subject, and may, at times, save them the labour of collecting the information it gives, from the diffused pages of the Statute Book ; al- though when particular knowledge is needed, it will be necessary to refer to them for further de- tails and greater safety. i tl STATUTES REFERRED TO IN THE FOLLOWING WORK. ▲8 TO COUNTIES AND CITIES REPRESENTID 31 Geo. 8, chap. 31, Imp. Pari. 9 Geo. 4, chap, 73, L. C. 3 and 4 Vic, chap. 35, Imp. Pari. 38 Geo. 3, chap. 5, U. C. 56 Geo. 3, chap. 19, U. C. 2 Geo. 4, chap. 3, U. C. 4 Geo. 4, chap. 1, U. C. 60 Geo. 3, chap. 2, U. C. 4 Wm. 4, chap. 23, U. C. AS TO THE NUMBER OF REPRESENTATIVES. 3 and 4 Vic, chap. 35, Imp. Pari. 4 Wm. 4, chap. 23, U. C. 57 Geo. 3, chap. 1, U. C. 6 AS TO EEECTORS. 31 Geo. 3, chap. 31, Imp. Pari. 2 Geo. 4, chap. 4, L. C. 4 Geo. 4, chap. 3, U. C. 60 Geo. 3, chap. 2, U. C. 6 Geo. 4, chap. 33, L. C. 10 and 11 Wm. 4., c 50, L. C. 6 Vic, chap. 1, Imp. Pari. AS TO MEMBERS. 31 Geo. 3, chap. 31, Imp. Pari. 4 Geo. 4, chap. 3, U. C. 3 and 4 Vic, chap.. 35, Imp. Pari. 4 and 5 Vic, chap. 52, Canada. 6 Vic, chap. 1, Imp. Pari. 5 Geo. 4, chap. 33, L. C. % ■ m .BJ. -a- 32 n ; 3 Win. 4, qhap. ^^ li. .C.. 43 Geo. 3, chap. 11, U. C.j 5 \Vm. 4/chap. 6, U. C. - 7 Wm. 4, chap. 21, U. C. 1 Vic, chap. 17, U. C. AS TO PLACE OF HOLDING ELECTIONS. 5 Geo. 4, chap. 33, L. C. 9 Geo. 4, chap. 73, L. C. 2 Wm. 4, chap. 46, L. C. 3 Wm. 4, chap. 22, L. C. 6 Vic., chap. 1, Imp. Pari. i ■ AS TO PROCEEDINGS AT ELECTIONS. 6 Vic, chap. 1, Imp. Pari. 5 Geo. 4, chap. 33, L. C. , 4 Geo. 4, chap. 3, U. C. 3 Wm. 4, chap. 12, U. C. 42 Geo. 3, chap. 3, L. C. RETURNING OFHCER. 31 Geo. 3, chap. 31, Imp. Pari. 3 and 4 Vic, chap. 35, Imp. Pari. 47 Geo. 3, chap. 16, L. C. 2 Geo. 4, chap 4, L. C 4 Geo. 4, chap. 8, L. C. 5 Geo. 4, chap. 33, L. G. 56 Geo. 3, chap. 2, U. C. 4 Geo. 4, chap. 2, U. C. 6 Vic, chap. 1, Canada. POPULATION RETURNS/ 60 Geo. 3, chap. 2. 38 PENALTIES. 5 Geo. 4, chap. 33. r CONTROVERTED ELECTIONS. 4 Geo. 4, chap. 4, U. C. 8 Geo. 4, chap. 5, U. C. 3 Wm.4, chap. 12, U.C. 48 Geo. 3, chap. 21, L. C. 4 Wra. 4, chap. 28, L. C. CONVENING THE LEGISLATIVE ASSEMBLY. 31 Geo. 3, chap. 31, Imp. Pari. 3 and 4 Vic, chap. 35, Imp. Pari. . 7 Geo. 4, chap. 74, U. C. \f PLACES REPRESENTED. County Representation of that 'part of the Province^ formerly Lower Canada. ' ' The number of counties originally sending Mem- bers, were 21, see 31, Geo. 3, chap. 31, Imperial Parliament. These were changed by 9 Geo. 4,i chap. 73, L. C, and increased to 40. By 3 and 4 Vic, chap. 35, Irrperial Parliament, Dorchester and Beauce ; were united into one county ; also La- prarie and Acadie ; LaChetnay and L'Assomption ; and Montmorency and Orleans. By the same statute every county, the population amounting to 1,000, should be represented by one, and when' 4,000, by two. Counties, containing less than 1,000 should be attached to the adjoining, having the smallest number of souls. The City and Borough representation of this part of the Province, was originallv, — cl • - ' I I i 34 The City and Town of Quebec, The City and Town of Montreal, The Town and Borough of Three Rivers, The Town and Borough of William Henry ; The three former, and the Town of Sherbrooke, are the Cities and Towns now represented. UPPER CANADA. CourUij — Representation. The number of counties originally represented* were 19. By 38 Geo. 3, chap. 5, U. C., the counties ol Prescott, Russell, Carlton, Addington, incorpo- rated with Lenox, Simcoe, Haldimand, Oxford, and Middlesex, were added': the o'd counties underwent 8ome modifications. By 56 Geo. 3, chap. 19, U. C, the counties of Halton and Wentvvorth : By 2 Geo . 4, chap. 3 ; and 4, Geo. 4, chap. 1, U. C, the county of Lanark : and Huron, by 1 Vic, chap. 25 were ad- ded. By 3 and 4, Vic, chap. 35, Imp. Pari. Halton is divided into 2 Ridings, Northumberland into two Ridings, and Lincoln also. By 3 and 4 Wm. 4, chap. 16, York is divided into four Ridings. By 60 Geo. 3, chap. 2, U. C, each county having a population of 1000 souls, should be represented, by (W€ member, and when the population should amount to 4,000, by two. Counties containing less than 1,000 souls to be attached to the adjoining county. By tJiis act, the University of this Province when orga- nized, should be represented by on«3 member. By sec. 10, the number of souls in any Town, not to be considered as part of the number required, to give the county two members. CITY AND BOROUGH, By the last act, every Town in which the District Quarter Sessions might be holdcn and in which there should be 1,000 souls, to have one member. 1) 35 ■\> t( it tl (« «4 « (i tt U (t (( ti By 4, VVm. 1, cliap. 23, U. C. the City of Toronlo is added. By 3 and 4 Vic, chap. 35, Imp. Pari., The Towns of King-aton, Brockvillo. Cornwall, Hamilton, Niaf^ara, London, j , Bytowii, are added. By 3 and 4 Vic, chap. 35, tiin bounda- ries of Cities and Towns to be limited in such man- ner as the Governor siiall set forth within 30 days after the Union, and power is given to him to alter the divisions of Counties, Ridinjjp, Cities, and — — ■ Towns* AS TO THE NUMBER OF MEMBERS. The number of County members in Lower Ca- nada, was originally 3!) — it is now 36. The num- ber of Borough members was formerly 11, now 6. In 1792, the number of County members in the Upper Province was lf3 — it is now 33, there were no rof^ular Borouoh or Town members, orinri- nally in the Upper Province: there are now 9. By 3 and 4 Vic. chap. 35, sec. 18, every county in Lower Canada, except Montmorency, Orleans, L'Assomption and L'Chcsnaye, L'Acadie, Laprarie, Dorchester, and Bcaucc, f lion Id be represented by one. Montmorency, Leinater, IIuTitingdoii, and Dor- chester, by Olio. []y tiio samo act, every county, otherwise thanllalton Northumberland, and Lincoln, in Upper Canada, should be rc])rosented by one. — The East and West Ridinfjcs of Halton, and the North and South Ridingo of Northumberland, and North and South Riclin:,^ of Lincoln, by one. Toronto originally ncnt one member, see 4, Win. 4, chap. 23. — now two. Jlalton and Wcntworth formerly scut one, sec 57, Geo. 3, chap. 1. c2 ■ (i ! 36 The following therefore is the rcpreeentation of the Counties, Cities, Boroughs, and Towns, in tho Province of Canada. COUNTIES, &,c. The Honourable Austin Cuvilliek. Speaker. Champhin, Rene J. Kimber^ Ottawa, Papine/tUf Vaudreuil, John Simpson^ Beauharnois, E. J. Wakefield, Vercheres, L. M. Viger, Richelieu,. D. B. Vigerj St. Hyacinthe, T. Boutiller, Megantic, Hon. D. Daly, Three Rivers, Town C. R. Ogden, Rouville, ...» Walker, Xi XSJ61| ••••• •••• •••• •••• •••• JId* 0« X uCftC^ Lotbiniere, J. B. I. Noel, Dorchester, A. Taschereau, Saguenay, E. Parent, St. Maurice, J. E. Turcotte, Rimouski, Hon. JR. Baldwin, Kamouraska, A. Barthelet, Missisquoi, R. Jones, Sherbrooke, J. Moore, Drummond, R. N. Watts, Yamaska, J. G. Barthe, Gaspe, R. Christie, Bonaventure, J. R. Hamilton, Berthier, D. M. Armstrongs Quebec, J. Neilson, Q-t-city j^:tr' ' Montreal, A. M. Delisle, M-'-iCity. li^nl^f""' Montmorency, F. A. Quesnel, Portneuf, T. C. Aylwin, S7 Nicolet, Jame$ laslU, Bellechaase, Turgeon, Ijeinster, De Wittt Terrebonne, M. McCulloch^ Two Mountains, Forbes^ Huntingdon, A. Cuvillier^ Chambly, J Yule^ Jun. Stanstead, M. Child, Slieffbrd, iS. ^>twi ..i ^ " f>. 40 pf Wiiiiam Henry, eh%Il not Tote for such places, iH^^ess bona fide proprietors and possessors to their own use, of a legal title of a lot of ground and dwelling house thereupm, within the limits of the place for which the election is held of the value of j£5. sterling, above all annual rents. By same Act, sec. 8, no person shall vote as tenant in the above placer as tenant of any house, or part of a house separately, unless he have actually resided in the part of the said towns, &c., twelve calendar months before the election, and do actually reside in the part of the town for which the election i^ holden, and unless he have actually paid one year's rent of JCIO. sterling, for the house or houses or part of a house. . Any person only having a counting house, office, or other place, used as such, not actually residing, f hall not vote. \': IX : UPPER CANADA. COUNTIES, CITIES, AND TOWNS. The 81 Geo. d, chap. 31, applies to this part of the Province. By 4 Geo. 4, chap. 3, sec. 13, U. C, no person shall be qualified to vote in respect of any estate sufficient to qualify him by law, not having rome to him by grant, from the crown, descent, devise, or marriage, unless the deed under which he claims to hold such estate, shall have been registered three calendar months before the holding such election, or unless he shall have been in actual possession, or in receipt of the rents and profits for his own use twelve calendar months before such election. By 60 Geo. 3, chap. 2, sec. 9, no person qualified to vote in any town shall be allowed to vote in the county in which such town is situate, upon the same freehold qualifying him to vote for tlie town. iL.^::..-iitc-im.j ■ifr"^,. 41 Bj 4 Geo. 4, chap. 3, tec. 0, no p«raon ahsll fote, who shall have ewoni allegiance to any foreign Btate, or have beon a staled resident in their do- minions, unless he have previousl}' resided 7 Tears, prieceding the election, in the Province of tipper Canada, or some other part of Hor Majesty's dominions, and taken the oath of allegiance. MEMBERS. By 31 Geo. 3, chap. 31, sec. 21, no person shall be capable of being a member, who shall be a member of the Legislative Council, a minister of the Church of England, or a minister, prit t, eccles- iastic, or teacher, according to the Romish, or any other religious profession. By 4 Geo. 4, chap. 3, see. 2, U. C, no persoDs having resided in a foreign country, or taken the oalh or -allegiance to a foreign state, until such per: jii o.iall have resided seven years in Upper Canada before the election. By 3 &. 4 Vic, chap. 35, no person shall be €&• pable of being elected member, vi^ho shall not be legally and equitably seized, as of freehold, for his own use of lands or tenements, held in free and common soccage, or held in fief or roture, within the Province of Canada, of the value of JS500 sterling, over and above all charges. By 2 Geo. 4, U. C, persons convicted of perjur cannot be elected. OAT .^ A.ND DECLARATIONS. By 4 Geo, ' r uo. 3, sec. 2, U.C, persons having resided in a fci* vr . country, or taken the oath of allegiance to a io-eign Prince, if required, shall take the oath prescribed by this act. By 3 & 4 Vic, 35, no person shall sit or vote hw member, before taking the oaths prescribed this act, and the 4 & 5 Vic, chap. 52. 4S f n i I .- ,5 !i ,':f. - BRIBERY. ""Bf 5 Greo. 4, chap. 33, L. C, persons guWif of, •hill forfeit for every offence, the ■um of JCIO ectreiioy, and Dc incapable of election. By sec. 28, all fraudulent conveyances, shall be taken as v^lid against parties making same. Parties making same, or privy to the fraud, voting, shall, for each conveyance, forfeit j£40. ; .By 6 Vic, chap. 1, sec. 29, bribery or entertain- ments, given by candidates, invalidates the election, subjects the candidates to a penalty of not more than jCIOO, and electors to be struck off the poll book. TREATING. - By 6 Vic. chap. 1, sec. 33, providing entertain- ment previous or during the electioji, or furnishing money or other property, for procuring the atten- dance of voters, or engaging to pay any compen- sation for voting, makes the party offending, guilty of a misdemeanour, and subject to a fine of j£50 and six months imprisanment. FLAGS AND BANNERS. , By 5 Geo. 4, chap. 33, sec. 28, L. C, and Vic.» chap. 1, sec. 35, ensigns, standards, flags, ribbons prohibited, witiiin one fortnight before the election on the day of election, or a fortnight after, under the pain of fine and imprisonment. EXPENSES AT ELECTIONS. By 5 Geo. 4, chap. 33, sec. 6, L. C., the expenses of erecting Ihe hustings, when required, shall be borne by the candidates. MEMBERS VACATING THEIR SEATS. By 6 Vic, chap. 2, members accepting office of profit under the crown, vacate their seats ; but not affecting officers of the army, navy, or militia, except on the staff. Ml 43 "r:- ■ ■■-: ■ WAGES. ' : .- -x i ' By 3 Wra. 4, chap. 15, L. C, each county meraher from the Lbwer Province, attending the Beesions, shall be allowed 10«. currency for each days atten- dance, and 4s. currency for each league of travel- ling. ' ' , .. \: By 43 Geo. 3, chap. 11, U. C, each member shall be entitled to a like sum of 10s., for every day he shall have been engaged in attendance, and have been absent from his residence. By 6 Win. 4, chap 1, U. C, the same allowance is made to town members. See also 5 Wni. 4, chap. 6, 7 VVm. 4, chap., 7, and 1 Vic, chap. 17. PLACE OF ELECTION OF MEMBERS. The place of holding elections for the counties, cities, towns, and boroughs, where no poll is de- manded, is regulated by the undermentioned stat- utes, for that part of the Province called Lower Canada, 5 Geo. 4, chap. 33, 9 Geo. 4, chap. 73, 2 Wm. 4, chap. 46, 3 Wm. 4, chap. 22. By 31 Geo. 3, chap. 31, sec 25, the Govarnor fixes by proclamation, the time and place of holding the election, wheie the provincial statutes make no provision. The following are the places for holding the elections in Lower Canada : — See 9, Geo. 4, chap. 73. I County of Oaspe^ at Percy and St. George's Cove. Bonaventure. at Carlisle and Carlton. Rimouski, Rimouski, and at the parish of I'Isle Verte. Kamouraska, at Kamouraska. L' Islet, at L'Islet. Bellechasse, St. Vallier and St. Gervais. Dorchester, between the parishes of Saint Henry and Point Levi, nearest to the River Etchmin, and at St. Nicolas. «< <(. It (t It] H f •■*» 44 Cottikiy of JBMMOf, at Grand Ligne, between the parishes of St. Claire and St. Marie, and at or near the line between the parishes of St. Joseph and St Fran- cois. •• Megantickt in the Township of Leeds. •• Lotbinierei at >3ainte Croix. •• NicoleU at Gentilly and Gregoire. ^ Yamaska, at the Indian Village of St. Francis. *• Drummondt at Drummondville. ** Sherbrooket at Sherbrooke and at Rich- mond. •• Slanstecult at Copp's Ferry and at the Village of Charleston, in the Town- ship of Hatley. " Missiskoui, at the Village of Dunham, and at Freighleisburg, " St. Hyach^hct at St. Hyacinthe. * Rouville^ at Sainte Marie de Monnoir, and Henryville. •• VerehereSf at Vercheres. •• Chambly, at Longuieul. ' •• Laprairie^ at St. Constant. •• L*Acaditf at the Village of Napienrille. •* Beauharnois, at St. Clement. Vaudreuil, at Vaudreuil & at the Cedars. OUai a, at Hull, and some convenient spot on the bank of the River Petite Nation. Two Mountains, at St £ustache. Terrebone, at St. Rose, and at St Anne, des Plaines. iMchenaie, at St. Roch. L^Assomption, at St Pierre, commonly called L'Assomption. Montreal^ at St. Laurent. •( M M 45 «t it fi u t« County of Berthier^ at Berthier, and in the pariib of St. Paul, near the church. St. Mauricey at Yamaclilche. Champlain, at the Ferry, nearest the River St. Lawrence, on the north east of the River Batiscan. Portneuf, at Deechambault, and at St- Augustin. QuebeCt at Charlesbourgf. Montmorency^ at St. Anne. Saugenat/y at the Bay St. Paul, and at Murray Bay. Orleans^ at St. or -in. Shefford, at or near the school house, in the township of Farnhani. Cities of Quebec and Montreal^ Town and Bo- rough of Three Rivers, and the Borough of William Henryt at the places respectively, as heretofore. The 31 Geo. 3. chap. 31, regulates the places of holding elections in the Upper Province, under the Governor's proclamation. Now, throughout the whole Province of Canada, by 6 Vic, chap. 1, sec. 2, at every election, at which a poll shall have been demanded and granted, a separate poll shall be opened and held for every parish, township and ward, into which the county^ riding, city, town, or borough may be divided. By sec. 3, until any city, town, or borough, shall be divided into wards, for general municipal pur- poses, the returjiing officer shall divide such placeit, for the purposes of such election, into two or more wards, and in cases where one or more parishes, or townships, from their not containing the requisite number of inhabitants, shall not have been enabled by law to hold parish meetings, for the election of township officers, and shall ^ ^t have held such r :i \i 46 meetings, but for such purposes shall have been united to any adjoining parish, or township, such parish or townships, shall, for the purposes of this act, be also united in the same parish, and there shall be one poll only. The poll shall be held at the places, where the then last town meeting, for the election of parish or township officers, and the poll for every ward in every city, &,c., at the place the returning officer shall appoint ; where no such town meetings shall have been held, then as nearly as possible to the most central and public place in such parish or township. . By sec. 7, electors shall poll their votes for the poll opened in the parish, in which the property lies, upon which they shall vote, and no other, under the penalty of j£10 currency. Wf PROCEEDINGS AT ELECTIONS. By ij Geo. 4, chap! 33, sec. 9. L. C, every return- ing officer, on receiving any writ of election, shall endorse the date of receipt, and within fifteen days cause public notice to be given of the day and hour for the election. Snch notice shall be in tlie French and English language, posted up imme- diately before divine service, in the forenoon, at the door of every church or chapel, and publicly read in each parish, &c., not less than eight dav:--, nor more than fifteen preceding the first day fixed for the election ; and where there is no church or chapel, then at the most public place. The return- ing officer at the time or place, for holding the election, shall proclaim the election, requiring the electors to name a candidate, and if the candidates and elector? agree, and he is satisfied, upon a show of iiands, thot the candidate proposed is duly n elected, he shall immediately close tiio election. But if any candidate present, or any three olectora do not agree, and shall demand a poll, then the returning officer shall, forthwith, proceed to take the votes, and enter them in a book, to be used for the purpose. At the close of the election, the return- ing officer shall, immediately, proclaim the same, and execute an instrument under the hand and seal of the electors, one part of which he shall deliver to each of the candidates, and the other together, with the writ of election, his oath, and the oath of his clerk, he shall transmit to the clerk of the court in chancery. The 4 Geo. 4, chap. 3, sec. 14, and 3 Wm. 4, chapi. 12, U. C, formally regulated the proceedings of the returning officers in Upper Canada, when a poll was demanded, but tliis is now, done by thfe recent act of G Vic, chap. 1. POLLING. By G Vic. chap. 1, sec. 10, in the event of a poll being demanded, the returning officer shall grant the same, and forthwith appoint a day, not Jess than four nor more than eight for taking such poll ; and by proclamation, give notice of the time and place of taking the polls. He then shall adjourn the further proceedings to some day within four days after the day fixed. Sec. 11, the polling shall com- mence in all the ])arishefi, townships, and wards, at nine in the forenoon of the day fixed, and shall continue for two (lays only, in all counties, cities^ towns, and boroughs, as thall not have any register of voters, and for one day, when there is a register : no poll shall be kept open later than five o'clock* in the afternoon of the second dav, sec. 14. In all cases, where from any precept for taking the polk, not having been returned to the returning officer, by the day therein named, and the returning : m 48 I J F ii; officer shall not bo prepared, on the day on which he had adjourned, to proceed to declare tlie general poll, Buch returning officer, instead of proceeding, shall further adjourn the proceedings in such election, to the following day, and so from day to day, till the precepts shall have been returned, provided he proclaim in every adjournment the cause, and in no case continue the adjournment as to interfere with his return of the writ of election. Sec. 22, the returimig officer snail keep copies of all the poll books, returned to him by his several deputies, and transmit the original poll book, wibh the writ of election and return, to the clerk of the crown in chancery, within 10 days after the closing the election. In the County of Gaspe by 42 Geo. 3, chap. 3, Lm C„ the Governor could extend the return of any election writ, to any number, not exceeeding one hundred days. RETURNING OFFICER. The Governor appoints him, see 31, Geo. 3, chap. 31, and 3 &. 4 Vic, chap. 35. The acts formerly r^ulating the appointment and powers of returning officers. Lower Canada, were the 31 Geo. 3, chap. 31, 47 Geo. 3, chap. 16, 2 Geo. 4 chap. 4, 4 Geo. 4, chg 1. 8 ; these were repealed by the 5 Geo. 4r chap. 33. By this act, it is declared that no return- ing officer should be obliged to act at more than one election. That no members of the Executive or Legislative Council, or Justice of the Court of King's Bench, or Provincial Judge, or Physician, Miller -or Maiire de Poste, or any, being 60 year a of age, should be appointed returning officer. By 5 Geo. 4, chap. 33, sec. 4, the returning officer of liOwer Canada,'is required to ue resident, and an elector of the county, city, or borough, for which he shall have been named. 40 - At to (Jpper Canada, sec 56, Geo. 8, chap. 2, And 4 Gto. 4, chap. 2. HIS FEES. £ fl. d. By 6 Vic. chap. 1^ for attendance on the the day of opening the election .... 1 5 On the day of closing 1 •'> Where polls have been taken 1 For the Clerk on the former day - 1 On the latter 1 For two Constables, on the day of open- ing ———, per diem ^...^,... 10 For Messenger to each Returning Offi- cer, for each mile travelling. . . , . . 6 For each Deputv, per diem 10 For each Poll Clerk ., 10 POWERS. Sec. 291, he shall have power to maintain order and iceep the peace at the elections. NEGLECT. •By 5 Geo. 4, chap, 33, sec. 9, neglecting to ^ive notice of an election, subject to a penalty of jCSO currency. Neglecting to perform duty, after appointment, the sum of £25 currency. DEPUTY RETURNING OFFICERS. By 6 Vic. chap. 1, sec. 12, the returning officer shall appoint a Deputy for each parish, township, and ward, to take the poll ; such deputy must havo been a freeholder of the place for which he is appointed, twelve months l)efore his appoinmcnl. By sec. 15, he has the same powers us the return- ing officers. c3 50 By 5 Geo. 4, chap. 30, soc. 16, returning ofiicers of Lower Canada, are gratuitously to administer oaths to the electors, under a penalty of J^IO cur- rency. By sec. 18, admitting persons to vote without taking the oaths, forfets JCIO currency. By sec. 27, taking part in any election, by fa- vouring anv candidate, forfeits JC5. By sec. §2, to read certain portions of this act before proceeding to the election. DEATH OF RETURNING OFFICERS. By 5 Geo, 3, chap. 33, Lower Canada, and 6 Vic, chap. 1, in case of death, after commencement and before determination, his election or poll clerk is authorised to act in his stead, who shall be autho- rised to appoint his poll clerk to finish the election. Before he proceeds to poll, he is to take and subscribe in the poll book, the oaths prescribed by the act. POLL CLERK. By 6 Vic, chap. 1. sec. 1, the retuming officer to appoint a poll clerk foi each place. By sec. 19, after the close of the poll, and before the deputy shall have made his return, shall take and subscribe in the poll book, the oath prescribed by the act. INTERPRETER. By 5 Geo. 4. ch>^p. 33, when an elector shall not understand the English or French language, the returning officer shall swear an interpreter. CONSTABLES. '. ' By 6 Vic, chap. H, sec. 26, upon the written application of any candidate, or of any two electors, the returning officer is required to swear in th^^ constables. ftl For preaarvation of order at electionfl* by 6 Vic^ chap. It sec. 27, the returningr officer or do put j, at elections, may demand and receive offensive wea- pons from any persons. Persons refusing to deliver same, guilty of a misdemeanour, and punishable, by fine, not exceeding* £25, and imprisonment not exceed six months. By sec. 27, persons guilty of bribery during the election, punishable by nne and imprisonment. See also 5 Geo. 4, chap. 33, sec. 29, Lower Canada. Persons not to come armed during the election. POPULATION RETURNS. By 60 Geo, 3, chap. 2, sec. 3, Upper Canada, that the population required to be contained in every town, or county, for the election of members, shall be ascertained by the returns of the several town clerks of the number of souls in the several towns, or townships of Upper Canada, certified copies of which returns, the Clerk of the Peace, of the district, in which such town, or township, or county shall '>r may be situated, is required to transmit to the e of the Governor. By sec. 8, the number of 8' residin£r m any town, shall be ascertained and distinguished in the return of the town clerk of the township, in which such town shall be situa- ted, from the number of souls of each township. FINES AND PENALTIES. By 5 Geo. 4, chap. 33, sec. 16, Lower Canada, are recovered by any person who shall sue, with full costs, by action of debt. Sec. 34, all fines except those which are granted to informers, shall be paid to the Receiver General, for the public uses of the Province. LIMITATION OF ACTIONS. Sec. 33, every action, suit, or information, shall be commenced within nine calendar months after the fact committed. 53 ,;;,!,' COKTROVERfED ELECtlOKi. '; ' •. . The trials of controverted elections are reff ulftted bj the Act 4 Geo. 4«cliap. 4, for Upper Canada, con- tinued by d Geo. 4, chap. 5, and 3 Wm. 4* chap, 12 ; and were regulated ic the Lower Province by 48 Geo. 3, chap. 4, and 4 Wm. 4, chap. 28. Petitions are not to be taken into consideration without due notice, or without security first being given by the petitioner, to pay costs, if the petition 'should bo founded on frivolous grounds. A special committee of members, selected by ballot, try the merits of the petition. THE CONVENING THE LEGISLATIVE ASSEMBLY. , The Legislative Assembly, like the Legislative Council, is called together by the Crown, and is convened by an Instrument under the Royal sign manual of her Majesty, her heirs or successors, authorizing the Governor of this Pro\ince, from time to time, as occasion shall require, in her Majes- ty's name, and by an Instrument under the Great neal of the Province, to summon and call together such Assembly. 31 Geo. 3, chap 31, and 3 & 4 Vic, chap. 35. By the last mentioned Act, the writs for the election of members shall be issued by the Governor, within fourteen days after the sealing of such instrument, and such writs shall be directed to the returning officers, of the counties, ridings, cities and towns, respectively, and shall be made re- turnable within fifty days at the farthest, from the day on which they shall bear teste. Incase ef the death or resignation of any member,* or by his being called to the Legislative Council, or from ^ny other legal cause, a vacancv shall hap- pen, such writs shall be made returnable, fifty days at the farthest, from the day on which they shall bear teste ; and that, in case of any vacancy from i< V $$ ih€ causes mentioned, the writ for the election of a new member shall he iseued within six days, after notice thereof shall have been delivered to, or left at the office of the proper officer for issuing such writ. TIME OF ASSEMBLING. • - * f* By 31 Geo. 3, chap. 31, and 3 & 4 Vic, chap. 35, tha Assembly shall be called together once in every twelve calendar months. r * ■■^n DURATION OF PARLIAMENT. ' ' ^' By the same statutes, every assembly shall con- tinue for four years from the day of the return of the writs, for choosing, unless dissolved. By 7 Geo. 4, chap. 74, U. C, it was declared that the Provincial Parliament should not be determined or dissolved by the death or decease of his Majesty, his heirs or successors. PROCEEDINGS IN PARLIAMENT. The election of the members to the House of Assembly being closed, the returning officer returns his precept with the person elected by the majority, together with the writ, to the clerk of the Crown in Chancery, before the day of meeting, if it be a new Parliament. The members re'.urned are the sitting members, until the House of Assembly, upon petition, shall adjudge the return to be false and illegal. They are governed by rules passed by their own House. By 3 &. 4 Vic, chap. 35, the presence of at least twenty members, including the speaker, is necessa- ry to constitute a House. Upon the appearance of a quorum, the speaker takes the chair. Leave of absence will not be granted to any mem- ber, unless forty-three are present in town, and upon the most urgent grounds. On the first mooting of the House of Assembly, after the swearing in of thp members, which ii done 54 by the commissioners appointed by statute to ad- minister the oath, and after they have taken their Beats, the clerk reads the proclamation summoning^ the Parliament, and the Act of the 3 & 4 Vic, chap. 35 ; the House then proceeds to the election of a speaker. This is done by a member proposing the gerson to fill the olfice, seconded by another mem- er. On the motion being put, and resolved on affirmatively, the clerk declares such person to be duly elected. The cpeaker is then conducted to the chair by the proposer and seconder, when, stand- ing, he returns his humble acknowledgements to the House, for the great honour conferred on him. He then takes his seat in the chair, and the mace is laid upon the table. On the Usher of the black rod bringing the Governor's message for the Assembly's attendance in the Ldgislative Council Chamber, the speaker, with the House, attends the Legislative Council. The speaker then delivers the following address :— - "Mat IT PLEASE YOUR EXCELLENCT, "According to law, the Legislative Assembly have proceeded to the election of a speaker, I am the person, upon whom their choice has fallen. ^**If, on the execution of the important duties of my station, I should at any time lall into error, I entreat that the fault may be imputed to me and not to the Assembly, whose servant I have the honour to be, and that they may be tha better enabled to discharge their duty to her Majesty and the country, I do, in their name, and on their behalf, lay claim to all their rights and privileges, particularly that they may have liberty of speech, for the better management of their debates, access to your Excellency's person on all seasonable occa- sions, and that their proceedings may receive from 55 ydlir Excellency the most favourable interpreta- tion." The Speaker of the Legislative Council then replies : — "His Excellency the Governor-General fully confides in the duty and attachmerit of the Assembly to her Majesty's person and governmenti and not doubting that their proceedings will be conducted with wisdom, temper, and prudence, he grants, and upon ^11 occasions will recognize and allow their constitutional privileges. "I am commanded also to assure you that the Assembly shall have ready access to his Excellency upon all seasonable occasions, and that their pro- ceedings, as well as your words and actions, will constantly from him the most favourable construc- tion receive." The speaker of the House of Assembly cannot give his opinion or argue any question in the House, unless in case of an equality of votes. In each House, the act of the majority binds the whole, and this is declared by votes openly and publicly given. In all unprovided cases, the rules, usages, and forms of Parliament, are followed. ^ • ' " PASSING BILLS. To bring a Bill into the House, if of a private nature, the following rules must be observed. > That bills of a private nature shall be introduced by a petition, presented by a member, and seconded. • That no bill be ordered or be permitted to be brought in, or any petition for any work proposed, to be carried on bv tolls or duties, to be levied by subjecting particular places to the same, until such iertition Iuls been referred to a committee, and they 56 iiave examined thereof, and reported the lame le Hf House. That where any petition or bill presented to the House shall have been referred to a committee to examine the matter thereof, and report the same, as it may appear to them, to the House, the House will not admit any petitioners to be heard by them« selves, or counsel p.gainst such petition or bill, until the matter thereof shall have been first reported to the House. That the chairman of the committee for any private bill do not sit thereupon without giving a week's notice set up in the lobby. That all persons whose interest or property may be affected by any private bill, shall appear in person before the committee to give their consent, and if they cannot personally appear, they may send their consent in writing., which shall be proved by the committee, by one or more witnesses. That before any petition is presented for leave to bring in a private bill,, whether for the erection of bridges, for the regulation of a common, fbr the making of any turnpike road, or for granting to any individuals any exclusive rights or privileges what- soever, or for the alteration or renewing any Act of the Provincial Parliament, for the like purpose notice ot such application shall be given in one of the newspapers of the District, published in the English and in the French languages, if any is published therein, and also by a notice fixed on the church doors of the parish or town, that such application may affect, or on the most public place where there it no churchy during two months at least before such ]>etition is presented. The House will not receive any petition for |pri- Tate bills after the first fifteen days of each sessiou. The House will not receive any private billf , except in the first twenty-four dayi of each fiesfiion. ■ ft? ' The Houeo will not receive any report of i ep«ciftl committee upon any such private bills, except within the furst foi ty days of each session. That all the expenses and costs attending on private bills* giving any exclusive privileges or advantage and the relative proceedings in the House thereon, ought not to fall upon the public, and that it is just and reasonable that part of such expenses and costs should be supported by those who apply for the said bills« and tha^. a sum not less than j£20, be deposited in the hands of the clerk of the House, by the petitioners, before the p&tition be received. PUBLIC BILLS. If of a public nature, the bill is brought in upon p motion made to the House, without any petition, and no motion ishall be debated or put, unless the same be in writmg and seconded. When a motion is seconded, it shall be read in English and in French by the speaker, if he is master of the twr languages, if not, the speaker shall read in either of the two most familiar to him, and the reading in the other Ian- guage shall be at the table, by the clerk or liis deputy. The persons bringing in the bill present it in a competent time to the House, drawn out on paper. This is read a first time, and at a convenient distance, a second time, and after each reading, the speaker opens to the House the substance of the bill, and puts the question whether it shall prrceed any far- ther. After the second reading, it is committed, that is, referred to a committee which is either selected by the House in matt-^rs of small importance, or in cases of moment, the House resolves itself into a committee of the whole house. A committee of the whole house is composed of every member, and to form it, the speaker quits the chair, (another member being appointed chairman,) and may sit and dobate as a private membeK. In these committees^ m 58 the biU ia debated, clause by clause, amendments made, blanks filled up, and sometimes the bill new modelled, leaving the preamble and title to be last considered. After it has gone through the com- mittee, the chairman re-puts it to the house, with such amendments as the committee have made, and then the house re-considers the whole again, and the question is put upon every clause and amend- ment made. When the house hath agreed or dis- agreed to the amendments of the committee, and sometimes added new ones of its own, the bill is ordered to be engrossed. When this is finished, it is read a third time, and amendments are tlien sometimes made, by attaching a separate writing to the bill ; the speaker then again opens the contents and puts the question whether the bill shall pass. After this, one of the members is directed to carry it to the Legislative Council, and desire their con- currence, who, attended by several more, carries it to the bar of the Upper House, and there delivers it to the speaker. It there passes through the same forms as in the Legislative Assembly, except engrossing, and if rejected, no more notice is taken. If it is agreed to, the Legislat've Council sends a message by the master in Chancery, that they have agreed to the safne, the bill remaining with the Legislative Council, if they have made no amendments. But if such amendments are made, such amendments are sent down with the bill, to receive the concurrence of the Legislative Assembly, and, if the Legislative Assembly disagree to the amendments, a conference usually follows between members deputed from each house ; but if both parties remain inflexible, the bill is dropped. If the Legislative Assembly agree to the amendments, the bill is sent back to the legislative Council by one of the membersi with a 50 mesn^ to Acqaaint them therewith. The law clerk of the honae revises all public bills after the first reading, and, after such revision, marks his initials and certifies in the endorsement of the said bills, in red ink, that the same are correct. The same forms are observed when the bill begins in the Leffislative Council. When both houses have done with any bill, it is left with the Legislative Council, or their officers, to await the royal assent. Whenever any bill has been passed, it shall be ? resented, for her Majesty's assent, to the Governor, ^he Governor shiiU declare, at his discretion, subject to such instructions as may from time to time, be given by her Majesty, that he assents to such bill, or that he withholds, or that he reserves such bill. The Governor, whenever any bill has been assented to by him, by the first convenient opportunity, transmits to her Majesty's principal secretary, an authentic copy of such bill, and at any time, within two years her Majesty in Council, may disallow it ; such disallowance being signified by the Governor to the Legislative Council, or by proclamation, shall make null and void the same. RESERVED BILLS. No reserved bill shall have any force until the Governor, by speech, message, or proclamation shall signify that her Majesty has assented, and that an entry shall be made in the journals of the Legislative Assembly, of every such 8nc?ch, &c. ; and no reserved bill shall have forco unless her Majesty's assent shall have been signified within the space of two years. COMMENCEMENT OF ACTS. By 36 Geo. 3, chap. 1, the clerk of the Legislative Council shall endorse on every act of the Provincial Parliament, immediately after the title of such act, the day, month, and year when the same shall haye i 00 ptsfed, and bHaII bave been atsented to hj th« Governor, and in every roserved bill, ^e day, month, and year in which the Governor shall signify that such bill has been laid before his Majesty or Council, and that his Majesty has assented to the same shall be endorsed, such en- dorsement to be the date of it commencement, where no other commencement is provided. r/ h' PUBLICATION OF THE LAWS. ' The pulication of the statutes was formerly pro- vided for in the Lower Province, by the 34 Geo. 8, chap. 1, L. C, 43 Geo. 3, chap. 4, L. C, 9 Geo. 4, chap. 21, L. C. By 5 Wm. 4, chap. 33, L. C, the Geo. 4, chap. 21, L. C. is repealed. By this act, copies arc to be transmlcted to the several persons in the cities of Cuebec, Montreal, and Three Rivers, entitled to receive the same : to the officers commanding the several batallions or divisions ; and to persons residing in the countrv parts entitled to them, they are directed to be leit at the parsonage houses. The officers commanding the militia, and the church wardens in each of the country parishes, on the first Sunday succeeding the day on which the copies shall have been received, are to give notice at the door of the parish church, that such copies have been received, and that they may be obt'<^med by the persons having right to the same. For the townships, the copies are to be trans, roitted to the senior captain of militia, by whom public notice shall be given at the time when moat usually frequented. v -. ■' Within the District of Gaspe, the copies are to be sent to the derk of the Provincial Court of the District of Gaspe, at Perce, Bonaventure. and at Carleton, to the senior captain of militia. [See 2 Vic, chap. 63, L. C] - 1 In Upper Canada, by 44 Geo. 9t chip. 6, V* C« 61 tke clerk of the Loffislative Conncil is directed t# eend four copies or the acts to each member of the Legislative and Executive Councils ; four copies to eacli of the Judges of the King's Bench, i a like number to the Attorney General, and twenty copies to each member of the Legislative Assembly, to be by them distributed in such manner as will best tend to promulgate the general knowletlge of the laws. By 4 & 5 Vic, chap. 11, the Governo** is authorized to appoint a proper person to translate into the French language, the laws passed by the Legislature of the Province, and the said translation shall be distributed, under the direction of the Executive authority, among the people of the Pro- vince speaking the French language, in the same manner in which the Eog^Iish text of the said laws shall be printed and distributed among those •peaking the English language. Ift i ■»' I '-: <;!'■ ' A :[:u ', • : ' . • . - .;?•■«: vsf .•'.'.' ft i '■ \ -:i 'y ' . ...-;■■ -i. '". ; ':.• >*'< .M V',;} .■'••:> ' •; tit;.!-'; 1^ J >« STATISTICS OF LEGISLATION, IN THE CANADAS, ' « * ' PROM THE PERIOD OF THE QUEBEC ACT. \ TO 18 4 2. i'';. GENERAL ACTS. Constitional .. Public Health Ptiblic Safety 2 5 6 4 3 1 ECCLESIASTICAL. Religious Liberty 16 Dispensation of Oaths.. Good order on Sunday Church Building and Tempo- ralities 3 ' FISCAL. 14 8 10 PuWic Revenue Duties. ^;. Exemptions . Collection and OfEcers. . . Appropriation between the Provinces 8 District Revenues Public Lands 3 5 1 7 47 1 11 8 7 IS 2 1 4 1 1 2 9 la 4 93 1 T 5 21 16 8 IP ^^1^,. I I » ' » ■ t' s II =^5 -,/ TERRITORIAL DIVISIONS. Divisions and Bound&ries Ge* neral District and County Surveyor and Boundary Com- missioners 4 3 $7 MILITARY AND MARITIME. Marine 7 Militia 27 22 IS 5 4 6 1 1 2 2 PARLIAMENTARY. Elections General 10 Controverted 7 For Particular Places... 1 Governing Members of House of Assembly 5 CGmraencement of Acts 2 Continuance of Acts 4 Publication of Acts 7 Correction and Explanation... Duration of Parliament 1 JUDICIAL CIVIL. Superior Courts in General Jurisdiction 22 12 Inferior Jurisdictions 24 17 Juries 1 3 Practice 13 30 Evidence 4 Executions 2 Affecting Parties Civilly 19 14 Judges and Law Officers 3 7 Birristera and Attornies 3 8 dt - ;• .... 8 ■■ r I 1 1 1 1 2 2 I in T S8 1 11 7 50 23 12 5 12 3 6 10 9 1 34 43 4 45 4 2 33 10 11 \]\ I- <%» li 4 S u JUDICIAL, CRIMINAL. Courts, of Criminal Jurisdic- tion 3 17 Practice of Crimina] Courts 6 Ifi 5 Evidence, Criminal Cases.... 10 PROCEEDINGS, AFFECTING PARTIES Criminally 10 Crimea 1 Rebellion 30 Justices of the Peace 8 Police, General 12 Gaols, General and Particular 23 * ' DOMESTIC, Public Houses 8 Accidents from Fire. • 16 Preservation oi Fruits 2 From Destruction by Ani- mils I Township Officers 1 High Ways 16 Ferries Damages from Travelling.... Travelling and Post Houses 5 5 16 3 27 8 2 1 10 U 12 2 3 TRADE AND COMMERCE. Trade, General Particular Currency Weights and Measures . Navigation Fisheries Agriculture 9 46 5 5 7 1 12 i 17 8 6 6 5 4 1 1 2 2 2 1 2 90 as 1 15 1 46 11 12 50, 16 3 11 16 30 2 3 5 14 65 15 11 13 7 16 08 LiTERATURB AND SCIENCE. Education..... 8 10 Universities -., , , 2 UuscfulArts 6 Mvdicine,Phy8ic,and Surgery ] 6 REAi;. PROPERTY, AND CONVEYANCING 18 1& REIiATING TO P EOPLE, AS Emigraats Indiansi v Poo. and Lunatics.... Aliens Marriage ...., Population Returne«. Registry of Baptisms. PRIVATE ACTS ... Q T 4 1 4 6 4 4 5 43 2 1 20 2 6 i 97, 1 11 c 5 3 5 52 ©7 10 12 6 I 1 a c 5 3 i5 LOCAL AND PERSONAL AcTS, Roads Bridges Navigation ..., Canals Court Houaes, • »t«****«**c- > • • •{.• • • • I Municipdiities ... Banking Companies. Insurance Companiee Manufacturing Companies... Rail Road Companies Common Road Companies. , Harbour Companies Literary Institutions Benefit Societies Markets ^. Police Poor „,....,, Miscellaneous Local Objects Personal Objecta. Commons. ...,, Public Buildings Coasts 4 8 19 43 S 44 5 3 8 9l 4 13 3 9 0. 5 D C01VH>ANIES. 20 4' 24 n 10 21 7 7 14 5 5 10 10 2 2 20 20 3 3 3 3 19 12 31 9 13 23 7 S3 40 S8 28 6 2 8 90 20 10 10 4 e § 4 d3 68 ■■ ~ H'^ u It eS ^ *• s^ ^•s •s mi eg ' ' . c S ObS B ^5 ^6 O QQ ACTS, BEING GOVERNMENT GRANTS, FOR 14 152 57 33 13 48 80 17 33 13 8 2 5 37 34 58 44 Poor H 56 23^ 17 6 & 28 4 11 6 5 10 32 IG 27 Miscellaneous Objects Charities 96 34 Education in Agricuiture 7 Light Houses, and Harbours Roads 39 5^ Bridges ..., Cnnals ; 13 29! Rail Road? Macadamized Roads 7 8 2 Intcrpfovinciol Mihiia 9.1 Gaols, 2 Contingent Expenses of Le- gislature 42 Civil Government ,, 17 I. '..:^ TOTAL. C 60 Statistics of Legislation from the Con- quest, to 1842 03 to 68 Appendix 69 to 73 41 41 42 43 42 42 42 i BY THE SAME AUTHOR, SKORTLT WILL BE PUBLISHED IN FOCKET SIZE». PRACTICAL HINTS AND FORMS ; ADAPTED TO TilK DAILY BUSINEfiiS, PUBLIC AlID PRIVATE, OF THE FARMER, TH£ STORE- KKEPER, THE LICENSED VICTUALLER^ AND OTUi=:RS LIVING IH TUB RUSH* -ALSO- THE GRAVE AT WILLIAMSBURGH : AN EMIGRANT TALE. ^m ^E-^iLv.-