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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<uu,on ,f
Council of the Province of Canada to resign his seat in the said Legislative Council, LegisUnve
i\iul upon such resignation the seat of such Legislative Councillor shall become ""'""'' "''
vacant.
la.
VIL
f)
C. 35.
Anno 3 4&. 4 Vic. Reg.
A. D. 1840.
b'y'AbIIfn«V ^''* A"J ^ '* enacted, That if any Legislative Councillor of the Frovince of
Canada shall for Two successive Sessions of the Legislature of the said Province fail
to give bis Attendance in the said Legislative Council, without the permission of Her
Majesty or of the Governor of the said Province, signified by the said Governor to
the Legislative Council, or shall take any oath ornnake any declaration or acknow-
ledgement of allegiance, obedience, or adherence to any foreign Prince or Power, or
shall do, concur in, or adopt any Act wheieby he may become a Subject or Citizen
of any Foreign State or Power, or whereby he may become entitled to the Rights,
Privileges, or Immunities of a Subject or Citizen of any Foreign State or Power, or
shall become Bankrupt, or take the benefit of any Law relating lo Insolvent Debtors,
or become a Public Defaulter, or be attainted of Treason, or be convicted of Felony,
or of any Infamous Crime, his Seat in such Council shall thereby become
Vacant. ■ . •■
I'rial of Qai-s-
tioni.
Appohiiineiil
Bl !<|ii-nk»r.
VIII. And be in enacted, That any Question which shall arise respecting any
Vacancy in the Legislative Council of the Province of Canada, on occasion of any of
the matters aforesaid, shall be referred by the Governor of the Province of Canada
to the said
determined :
Legislative Council, to be by the said Legislative Council heard and
Provided always, that it shall be lawful, either (or the Person respect-
ing whose Seat such Question shall have arisen, or for Her iMajesty'a Attorney
General for the said Province on Her Majesty's behalf, to appeal from the Determin-
ation of the said Council in such Case lo Her Majesty, and that the Judgment of Iler
Majesty given with the Advice of Her Privy Council thereon shall be final and con-
clusive to all intents and purposes.
IX. And be it enacted. That the Governor of the Province of Canada shall have
Power and Authority from Time to Time, by an Instrument under the Great Seal
of the said Province, to appoint One Member of the said Legislative Council to be
Speaker of t^ie said Legislative Council, and to remove him, and appoint another in
his Stead.
()uuruni
Oivlefii
Ciifiing Vrte,
X. And be it enacted, That the Presence of at least Ten Members of the said
Legislative Council, including the Speaker, shall be necessary to constitute a Meet-
ing lor the Exercise of its Powers ; and that all Questions which shall arise in the
said Legislative Council shall be decided by a Majority of Voices of the Members
present other than the Speaker, and when the Voices shall be equal the Speaker
shall have ihe casting Vote.
XI.
A. p.
1840.
Anno 3
4^ 4
Vic.
it
Reg.
C. 35.
XJ. And be it enacted, Tliat for the Purpose of constituting the Lcgislulivc
Assembly of the Province of Canada, it shall be lawful for the Governor o/ the said
Province, wi'ihin the Time hereinafter mentioned, and thereafter from Time t) Time,
as Occasion shall require, in IJer Majesty's Name, and by an Instrument or Instru-
ments under the Great Seal of the said Province, to .summon and call together a
Legislative Assembly in and for the said Province.
' .' itii i' ii . .1 •
XII. And be it enacted, That in the Legislative Assembly of the Province of
(-'anada, to be constituted as aforesaid, the Parts of the said Province which now
constitute the Provinces of Upper and Lower Canada respectively shall, subject to
the Provisions herein-after contained, be represented by an equal Number of Repre-
scntativcs, to be elected for the Places and in the manner herein-after mentioned.
XIII. And be it enacted. That the County of Ilallon in the Province of Upper
Canada shall be divided into Two Ridings, to be called respectively the East Riding
jmd the West Riding ; and that the East Riding of the said County .«hall consist of the
loliowing Town.ships, namely, Trafalgar, Nelson, Esquesing, Nassagawega, East
Flamborough, West Flamboroagh, Eriug, Beverly; and that the West Riding- of
the said County shall consist of the following Townships, namely, Garafraxa,
Nichol, Woolwich, Cuelph, Waterloo, Wilmot, Dumfries, Puslinch, Eramosa ; and
that the East Riding and VVest Riding of the said County shall each be represent
ted by One Member in the Legislative Assembly of the Province of Canada,
Ci,
III.
livi'. lurracl)
I'ruving.
i
Ciiiiniy of
Htilluii,
XIV. And be it enacted. That the County of Northumberland in the Province of
Upper Canada shall be divided into Two Ridings, to be called respectively the
North Riding and South Ridincf ; and that the North Riding of the last-men-
tioned County shall consist of the following Townships, namely, Monaghan,
Otonabee, Asphodel, Smith, Douro, Dummer, Belmont, Methuen, Burleigh,
Harvey, Emily, Gore, Ennismore ; and that the South Riding of the last-mentioned
County shall consist of the following Townships, namely, Hamilton, Haldiinand,,
Cramak, Murray, Seymour, Percy ; and that the North Riding and South Riding
of the last-mentioned County shall each be represented by One Member in the.
Legislative Assembly of the Province of Canada,
XV. And be it enacted. That the County of Lincoln in the Province of Upper
Canada shall hv divided into Two Ridings, to be called respectively the North
Riding and the South Riding; and that the North Riding shall be formed by
nniting the First Riding and Second Riding of the said County, and the South
Riding by uniting the Third Kiding and Fourth Riding of the said County; and that
the
Cuui
N(iri
I in J
Inimbiir-
Couniy of
Lliiculii,
C. 35.
Anno 3 d^ 4 Vic.
Reg.
A. D. IS40.
the North and South Riding of the last-mentioned County shall each be represented
hy One Member in the Legislative Assembly of the Province of Canada.
llinV.imSno'' XVI. And be it enacted, That every County and Riding, other than those herein-
.( rp|)tr I.. l)efore specified, which at the Time of the passing of this Act was by Law entitled to
be represented in the Assembly of the Province of Upper Canada, shall be represen-
ted by One Member in the Legislative Assembly of the Province of Canada.
iitiH
rewn Cnn-
miiutnty ot
Uppfr Ca-
( uuiil) Cotiili.
iiitnc)! of
l.owtrCtnkcln.
• fi 2 Vici.:.!'.
'uiUjC I'rovi.
on a( 10 Cui,>
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 <fe 4 Vic. Reg.
A. D. 1840.
E»i>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 >"<J Maoaga-.
and audited in such Manner as shall be directed by any Act of the Legislature "**"''
of the Province of Canada.
LIL And be it enacted. That out of the Consolidated Revenue Fund of the Pro- £45,000 10 ua
vince of Canada, there shall be payable in every year to Her Majesty, Her Heirs «,7„"i'„^, •";;,
and Successors, the sum of Forty-five thousand pounds, for defraying the expence ih. serric'aa in
of the several services and purposes named in the Schedule marked A. to this Act and £3o!oo6,
annexed j and during the Life of Her Majesty, and for Five years after the Demise ^" "" ''"• ""^
of
28
CV^
Anno 3 ct 4 Vic. Reg.
A. D. 1840.
Il»r M»jf.
Ycir. fiilln*
luf. f'lr Ih"'
In Schf •
How ihe Ap-
propriilioo uf
iJutni granted
in»y ba vaiied.
^iirramUr of
Ilriedliary
Itrvanur. of
Ihe Cruivii,
f Her Mwj. "^y, there shall br f)ay??ble to Her Majesty, Her Heirs and Succeasors,
out of the saiiii Consolidated Rrvcm/'" Fund, a further Bum of Thirty Jhousnnd
pounds, for defraying tlie Expence < t ' several Services and Purposes nancl in the
Schedule marked B. to this Act annexed ; the said sums of Pony-five thousand
Pounds and Thirty i' ousand Pounds to be issued by the Receiver General in dis-
fthnrge of ^uch Warrant or Warrjmta as shall be from time to time directed to him
Hh^iif Ihe Hand and Seal of the '^-overnor ; and the said Receiver General shall
account '1 Her Majesty for the same, through the Lord High Treasurer or Lords
Commissioners of Her Majesty's Treasury, in such Manner and Form as Her Ma-
jesty shall be graciously pleased to direct.
nil. And be it enacted, That, until altered by any Act of the Legislature of the
Province of Canada, the Salaries of the Covernor and of the Judges bhall be tliost^
respectively set against their several Oflices in the said Schedule A- ; but iliat ii
shall be lawful for the Governor to abolish any of the Offices named in i' • lid
Schedule B,, or to vary the Sums appropriated to any of the Services oi i'lKposes
named in the said Schedule B. ; and that the Amount of Saving wliirli may accrue
from any such Alteration in either of the said Schedules shall be appropriated to such
Purposes connected with the Administration of ihe Government of the said Pro.
vince as to Her Miijesty shall seem fit ; and that Accounts in detail of the Expendi-
ture of the several Sums of Forty..five thousand Pounds and Thirty thousand
Pounds hcrein.before granted, and of every prrt thereof, shall be laid bo/ore the
Legislative Council and Legislative Assembly of the said Province within Thirty
Days next after the Beginning of the Session after such Expenditure shall have been
made: Provided always, that not more than Two thousand Pounds shall be payable
at the same Time for Pensions to f!v Judges out of the said Sum of Forty-five
thousand Pounds, and that not moie than Five thousand Pounds shall be payable at
the same Time for Pensions out ol' the said sum of Thirty thousand Pounds ; and that
a List of all such Pensions, and of the Persons to whom the same shall have been
granted, shall be laid in every Year before the said IjCgislative Council and Legisla-
tive Assembly.
LIV. And be it enacted, That during the Time for which the said several Sums
of Forty-five thousand Pounds and Thirty thousand Pounds are severally payable,
the ; ime shall be accepted and taken by Her Majesty by way of Civil List, instead
of all Territorial and other Uevenues now at the Disposal of the Crown, arising in
either of the said Provinces of Upper Canada or Lower r-i-ad', or in the Province
of Canada, and that Three Fifthsof thf^ net Produce of the & '«: IV; citorial and other
Revenues now at the Disposal of the Crown within the 'ti "'tit Canada . uuii be
paid
«ri
A. D. 1 8 40.
Anno 3 ot 1 Vic. Reg.
C. 35.
23
paid over to tin- .Vccountof the said Consolidated Revenue Fund . and also during
ilie Lire o( llcr V'aje»ly, and lor Five Years after the Demise of Her Majesty, the
remaining Two Fililn of the net Produce of the said Territorial and other lleve.
nues now at ilio Disposal nf the Crown within llin Province of Canada shall be also
paid over in \ik^ Manner lu the Account of the >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<h. Olhai
CharKra
niready tniida
<m llie Public
itstanue.
LVIL And be it enacted, That, subject to the sev- lal Payments hereby charged "[''^' '» ''■•
on the said Consolidated Revenue Fund, the same sh 11 be appropriated by the Le- „'7'VI."
gislature of the Province of Canada for the Public Servi e, in such raaner as they shall ueMnue'Fun.i
think proper: Provided always, that all Bills for apprc oriating any part of the Sur- 'i^uju^TuJ'"'
plus of the said Consolidated Revenue Fund, or for in losing any new Tax or Im- Vi'.l'iuJi"), ''"'
post, shall originate in the Legislative Assembly of tl said Province of Canada : iin'' originm.
Provided also, that it shall not be lawful for the said Lt :islative Assembly to origi- '"^ '" ' "
nate
24
C. 35.
Anno 3 et 4 Vic. Reg.
A. D. 1840.
HoDie ol
Atiemhiy for
Objaeii re.
commtnded by
(be Govtrnor.
TowMhipi to
bg conilltuieiJ
nateorpa88 any Vote. Resolution, or Bill for the Appropriatiou of any part of the
Surplus of the said Consolidated Revenue Fund, or of any other Tax or Impost, to any
purpose which shall not have been first recommended by a Message of the Governor
to the said Legislative Assembly during the Session in which such Vote, Resolution,
or Bill shall be passed.
LVIIT. And be it enacted, That it shall be lawful for the Governor, by an
Instrument or Instruments to be issued by him for that purpose under the Great
Seal of the Province, to constitute Townships in those parts of the Province of Ca-
nada in which Townships are not already constituted, and to fix the Metes and
Bounds thereof, and to provide for the Election and Appointment of Township Offi-
cers therein, who shall have and exercise the like Powers as are exercised by the
like Officers in the Townships already constituted in that part of the Province of
Canada now called Upper Canada ; and every such Instrument shall be published by
Proclamation, and shall have the Force of Law from a Day to be named in each Case
in such Proclamation.
«riroV'o°b?°' L^^- •^"^ ^^ •' enacted. That all Powers and Authorities expressed in this
axerciaed Act to be givcn to tlic Governor of the Province of Canada, shall be exercised by
insSons of such Govcmor in conformity with and subject to such Orders, Instructions, and
H«r M«j««iy. j^ji-gctions as Her Majesty shall from time to time see fit to make or issue.
uflodi'may LX. And whcrcas His late Majesty King George the Third, by His Royal Procla-
ba annexed lo matioH, bearing date the seventh day of October, in the Third year of His Reign,
was pleased to declare that he had put the Coast of Labrador, from the River Saint
John to Hudson's Straits, with the Islands of Anticosti and Madelaine, and all other
smaller Islands lying on the said Coast, under the Care and Inspection of the Gover-
nor of Newfoundland : And whereas by an Act passed in the Fourteenth Year of the
83 Reign of His said late Majesty, intituled, An Act /or making more effectual provision/or
the Government of the Province of Quebec in North America, all such Territories, Is-
lands, and Counties which had, since the Tenth day of February in the Year One
thousand seven hundred and sixty-three, been made part of the Government of
Newfoundland, were, during His Majesty's pleasure, annexed to and made part and
parcel of the Province of Quebec, as created and established by the said Royal Pro-
clamation ; be it declared and enacted, That nothing in this or any other Act con-
tained shall be construed to restrain Her Majesty, if She shall be so pleased, from
annexing the Magdalen Islands in the Gulf of Saint Lawrence to Her Majesty's
Island of Prince Edward-
Prince
Edward.
14 G. 3. c.
LXI.
A. D. 1840.
Anno 3 & 4 Vic. Reg.
C. 35.
25
LXI. And be it enacted. That in this Act, unless otherwise expressed therein, the
Words " Act of the Legislature of the Province of Canada" are to be understood to
mean " Act of Her Majesty, Her Heirs or Successors, enacted by Her Majesty, or
by the Governor on behalf of Her Majesty, with the Advice and Consent of the Le-
gislative Council and Assembly of the Province of Canada ;" and the Words
" Governor of the Province of Canada" are to be understood as comprehending the
Governor, Lieutenant Governor, or Person authorized to execute the Office or the
Functions of Governor of the said Province.
LXn. And be it enacted. That this Act may be amended or repealed by any Act
to be passed in the present Session of Parliament.
Inlerprtiaiiun
Clauie.
A . ; y be
nlie (his
Sesbion
SCHEDULES.
SCHEDULE A,
Upper Canada.
Governor
Lieutenant Governor
I Chief Justice ..__---
4 Puisne Judges, at 900/. each - . . . -
1 Vice Chancellor -------
LowEB Canada.
1 Chief Justice of Quebec ------
3 Puisne Judges, Quebec, at 900/. each , _ . -
1 Chief Justice, Montreal -»-..-
3 Puisne Judges, Montreal, at 9001. each - - . -
1 Kesident Judge at Three Rivers - - - - -
I Judge of the Inferior District of St. Francis
1 Judge of the Inferior District of Gaspe
Pensions to the Judges, Salaries of the Atiornies and Solicitors General,
and Contingent and Miecellaneous Expences of Administration of
Justice throughout the Province of Canada
£
7,000
1,000
1,500
3,600
1,125
1,500
2,700
1,100
2,700
900
5O0
500
20,875
£45,000
SCHEDULE B.
Civil Secretaries and their Offices
Provincial Secretaries and their Offices
Receiver General and his Office
Inspector General and his Office
Executive Council
Board of Works " - -
Emigrant Agent
Pensions . - - -
Contingent £xpence3 of Public Offices
£
8,000
3,000
3,000
2,000
3,000
2,000
700
5,000
3,300
£30,000
