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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. 










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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 
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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