Abbildungen der Seite
PDF
EPUB

governor, of such province, or by such person as his Majesty, his
heirs or successors, shall from time to time appoint to administer
the government within the same, shall be, and the fame are hereby
declared to be, by virtue of and under the authority of this act,
valid and binding to all intents and purposes whatever, within the
province in which the same shall have been so passed.

III. And be it further enacted by the authority aforesaid, That His Majesty for the purpose of constituting such legislative council as aforesaid may authorise

the governor, in each of the faid provinces respectively, it shall and may be law

or lieutenant ful for his Majesty, his heirs or successors, by an instrument under

governor of his or their sign manual, to authorise and direct the governor or each province, lieutenant governor, or person administering the governmen: in to fummon each of the said provinces respectively, within the time herein- members to

the legislative after mentioned, in his Majesty's name, and by an instrument council. under the great seal of such province, to summon to the said legislative council, to be established in each of the said provinces respectively, a suficient number of discrect and proper persons, being not fewer than seven to the legislative council for the province of Upper Canada, and not fewer than fifteen to the leiliative council for the province of Lower Canada; and that it shall also be lawful for his Majesty, his heirs or successors, from time to time, by an instrument under his or their sign manual, to authorise and direct the governor or lieutenant governor, or person administering the government in each of the faid provinces respectively, to summon to the legislative council of such province, in like manner, such other person or persons as his Majesty, his heirs or successors, small think fit; and that every person who fall be fo fummoned to the legislative council of either of the said provinces respectively, fhall thereby become a member of such legilla, tive council to which he shall have been so fummoned.

IV. Provided always, and be it enacted by the authority afore, said, That no person thall be summoned to the said legislative No person un. council, in either of the said provinces, who shall not be of the der 21 years

of age, &c. to full age of twenty-one years, and a natural-born subjeet of his

be summoned, Majesty, or a subject of his Majesty naturalized by act of the Britijh parliament, or a subject of his Majesty, having become such by the conquest and session of the province of Canada.

V. And be it further enacted by the authority aforesaid, That Members to every member of each of the said legiNative councils fhall hold his hold their seats

for life.
seat therein for the term of his life, but subject nevertheless to the
provisions herein-after contained for vacating the same, in the
cases herein-after fpecificd.

VI. And be it further enacted by the authority aforesaid, That His Majesty whenever his Majesty, his heirs or fucceffors, shall think proper may annex to to confer upon any subject of the crown of Great Britain, by ict- hereditary

titles of ho. ters patent under the great seal of either of the said provinces, any nour, the right hereditary title of honour, rank, or dignity of such province, de- of being sumscendible according to any course of descent limited in such letters moned to the patent, it shall and may be lawful for his Majesty, his heirs or legislative fucceffors, to annex thereto, by the said letters patent, if his Ma- council.

jesty,

[ocr errors]
[ocr errors]

UA

jesty, his heirs or successors, shall so think fit, an hereditary right of being summoned to the legislative council of such province, defcendible according to the course of descent fo limited with respect to such title, rank, or dignity; and that every person on whom such right shall be so conferred, or to whom such right shall severally lo descend, shall thereupon be entitled to demand from the governor, lieutenant governor, or person administering the government of such province, his writ of fummons to such legislative council, at any time after he shall have attained the age of twenty-one years, subject nevertheless to the provisions hereinafter contained.

VII. Provided always, and be it further enacted by the authority Such descend- aforesaid, That when and so often as any person to whoin such ible right for. hereditary right shall have descended fhall, without the permillion feited, and

of his Majesty, his heirs or fucceffors, fignified to the legislative council of the province by the governor, lieutenant governor, or person administering the government there, have been absent from the said province for the space of four years continually, at any time between the date of his succeeding to such right and the time of his applying for such writ of summons, if he shall have been of the age of twenty-one years or upwards at the time of his so succeeding, or at any time between the date of his attaining the said age and the time of his so applying, if he shall not have been of the said age at the time of his fo fucceeding; and also when and so often as any such person shall at any time, before bis applying for such writ of summons, have taken any oath of allegiance or obedience to any foreign prince or power, in every such case such person shall not be entitled to receive any writ of summons to the legislative council by virtue of such hereditary right, unless his Majesty, his heirs or successors, shall at any time think fit, by instrument under his or their sign manual, to direct that such person shall be summoned to the said council; and the governor, lieutenant governor, or person adminiftering the government in the said provinces respectively, is hereby authorised and required, previous to granting such writ of summons to any perfon so applying for the same, to interrogate such person upon

oath touching the faid several particulars, before such executive council as shall have been appointed by his Majesty, his heirs or successors, within such province, for the affairs thereof.

VIII. Provided also, and be it further enacted by the authority seats in coun- aforesaid, That if any member of the legislative councils of either cil vacated in of the said provinces respectively shall leave such province, and certain cases. Thall reside out of the same for the space of four years continually,

without the permission of his Majesty, his heirs or successors, sig. nified to such legislative council by the governor or lieutenant governor, or person adminiftering his Majesty's government there, or for the space of two years continually, without the like permission, or the permission of the governor, lieutenant governor, or person administering the government of such province, signihed to such legislative council in the manner aforesaid; or if any such member thall take any oath of allegiance or obedience to any for reign prince or power; his seat in such council fhall thereby become vacant.

mem.

IX. Provided also, and be it further enacted by the authority aforesaid, That in every case where a writ of summons to Hereditary such legislative council shall have been lawfully withheld from any rights and person to whom such hereditary right as aforesaid shall have de- seats fo forscended, by reason of such absence from the province as aforesaid, cated, to reor of his having taken an oath of allegiance or obedience to any main suspendforeign prince or power, and also in every case where the seat in ed during the such council of any member thereof, having such hereditary right

lives of the as aforesaid, shall have been vacated by reason of any of the causes their deaths to

parties, but on herein-before specified, such hereditary right hall remain suspended go to the pere during the life of such person, unless his Majesty, his heirs or suc- lons next in. ceflors, fhall afterwards think fit to direct that he be fummoned titled thereto. to such council; but that on the death of such person such right, subject to the provisions herein contained, shall descend to the person who shall next be entitled thereto, according to the course of descent limited in the letters patent by which the same shall have been originally conferred.

X. Provided also, and be it further enacted by the authority aforesaid, That if any member of either of the said legislative Seats in councouncils shall be attainted for treason in any court of law within cil forfeited, any of his Majesty's dominions, his seat in such council thall and heredithereby become vacant, and any such hereditary right as aforesaid tary rights then velled in such person, or to be derived to any other persons for treason. through him, shall be utterly forfeited and extinguished.

XI. Provided also, and be it further enacted by the authority Questions reaforesaid, That whenever any question shall arise respecting the specting the right of any person to be summoned to either of the said legislative right to be

fummoned to councils respectively, or respecting the vacancy of the seat in such

council, &c. legislative council of any person having been summoned thereto, to be deterevery such question shall, by the governor or lieutenant governor mined as hereof the province, or by the person administering the government in mentioned. there, be referred to such legislative council, to be by the said council heard and determined, and that it shall and may be lawful either for the person defiring such writ of summons, or respecting whose seat such question thall have arisen, or for his Majesty's attorney general of such province in his Majesty's name, to appeal from the determination of the said council, in such case, to his Majesty in his parliament of Great Britain; and that the judgement thereon of his Majesty in his said parliament shall be final and conclusive to all intents and purposes whatever.

XII. And be it further enacted by the authority aforesaid, That The governor the governor or lieutenant governor of the said provinces respec. of the province tively, or the person administering his Majesty's government may appoint therein respectively, shall have power and authority from time to the speaker. time, by an instrument under the great seal of such province, to constitute, appoint, and remove the speakers of the legisative councils of such provinces respectively. XIII. And be it further enacted by the authority aforesaid, That, His Majefy,

far may authorise

the governor for the purpose of constituting such affembly as aforesaid, in each to call toge- of the said provinces respectively, it shall and may be lawful for ther the arsembly,

his Majesty, his heirs or successors, by an instrument under his or their sign manual, to authorise and direct the governor or lieutenant governor, or person administering the government in each of the said provinces respectively, within the time herein after m'entioned, and thereafter from time to time, as occaf on hall require, in his Majesty's name, and by an instrument under the great seal of such province, to summon and call together an assembly in and for such province.

XIV. And be it further enacted by the authority aforefaid, and, for the That, for the purpose of electing the members of such ailemblies purpose of

respectively, it shall and may be lawful for his Majeity, his heirs electing the members, to

or fucceffors, by an inftruinent under his or their lign manual, to issue a procla- authorise the governor or lieutenant governor of each of the said mation divid- provinces respectively, or the person adminiftering the governing the pro

ment therein, within the time herein-after mentioned, to issue a vince into dif. tricts, &c.

proclamation dividing such province into diftriéts, or counties, or circles, and towns or townships, and appointing the limits thereof, and declaring and appointing the number of repri-sentatives to be chosen by each of such districts, or counties, or circles, and towns or townships respectively; and that it shall also be lawful for his Majesty, his heirs or successors, to authorise fuch governor or lieutenant governor, or person adminiftering the governmnt, from time to time to nominate and appoint proper perions to exécute the office of returning officer in each of the said districts, or counties, or circles, and towns or townships respectively; and that such division of the faid provinces into districts, or counties, or circles, and towns or townships, and such declaration and appointment of the number of representatives to be chofen by each of the said districts, or counties, or circles, and towns or townships respectively, and also such nomination and appointment of returning officers in the fame, shall be valid and effectual to all the purposes of this act, unless it shall at any time be otherwise provided by any act of the legislative council and assembly of the province, afsented to by his Majesty, his heirs or successors.

XV. Provided nevertheless, and be it further enacted by the Power of the authority aforesaid, That the provision herein-before contained, governor to for impowering the governor, lieutenant governor, or person adappoint re

miniftering the government of the said provinces respectively, turning offi

under such authority as aforesaid from his Majesty, his heirs or cers, to continue two successors, from time to time, to nominate and appoint proper years from the persons to execute the office of returning officer in the said difcommence

tricts, counties, circles, and towns or townships, fhall remain ment of this act.

and continue in force in each of the said provinces respectively,
for the term of two years, from and after the commencement of
this act, within such province, and no longer; but subject never-
theless to be sooner repealed or varied by any act of the legislative
council and assembly of the province, assented to by his Majesty,
his heirs or successors.
XVI. Provided always, and be it further enacted by the au-

thority

re.

thority aforesaid, That no person shall be obliged to execute the No person obfaid office of returning officer for any longer time than one year, as returning or oftener than once, unless it shall at any time be otherwise pro- officer more vided by any act of the legislative council and assembly of the pro- than once, unvince, affented to by his Majesty, his heirs or fucceflors. less otherwise

XVII. Provided also, and be it enacted by the authority afore- provided by faid, That the whole number of members to be chosen in the

province. province of Upper Canada shall not be less than fixteen, and that

Number of the whole number of members to be chosen in the province of members in Lower Canada shall not be less than fifty.

each province. XVIII. And be it further enacted by the authority aforesaid, That writs for the election of members to serve in the said aflem- Regulations blies respectively shall be issued by the governor, lieutenant gover- for issuing

writs for the nor, or person administering his Majesty's government within the

election of said provinces respectively, within fourteen days after the sealing members to of such inftrument as aforesaid for fummoning and calling toge- serve in the ther such assembly, and that such writs shall be directed to the

assemblics. spective returning officers of the said districts, or counties, or circles, and towns or townships, and that fuch writs shall be made returnable within fifty days at farthest from the day on which they shall bear date, unless it shall at any time be otherwise provided by any act of the legislative council and assembly of the province, afsented to by his Majesty, his heirs or fucceffors; and that writs shall in like manner and form be ifsued for the election of members in the case of any vacancy which shall happen by the death of the person chosen, or by his being summoned to the legislative council of either province, and that such writs shall be made returnable within fifty days at farthest from the day on which they shall bear date, unless it shall at any time be otherwise provided by any act of the legislative council and affembly of the province, afTented to by his Majesty, his heirs or fucceffors; and that in the case of any such vacancy which shall happen by the death of the person chosen, or by reason of his being so lummoned as aforesaid, the writ for the election of a new member shall be issued within six days after the same shall be made known to the proper office for issuing such writs of election.

xix. And be it further enacted by the authority aforesaid, That all and every the returning officers fo appointed as aforesaid, Returning to whom any such writs as aforesaid shall be directed, shall, and

execute writs, they are hereby authorised and required duly to execute fuch writs.

XX. And be it further enacted by the authority aforesaid, That By whom the the members for the several districts, or counties, or circles of the members are said provinces respectively, shall be chosen by the majority of votes

to be chosen. of such persons as shall severally be possessed, for their own use and benefit, of lands or tenements within such district, or county, or circle, as the case shall be, such lands being by them held in freehold, or in fief, or in roture, or by certificate derived under the authority of the governor and council of the province of Quebes, and being of the yearly value of forty shillings sterling, or upwards, over and above all rents and charges payable out of or in respect of the fame; and that the members for the several towns

[ocr errors]
« ZurückWeiter »