"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 expedient that
the said Provinces be reunited 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, upon, from,
;Ind 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
shall 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 Parliament held in the Thirty-first Year of
the Reign of King George the Third intituled An Act to repeal
certain Parts of an Act passed in the Fourteenth Year of His Majesty
'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 said Province.
as provides for constituting and composing a Legislative Council
and Assembly within each of the said Provinces respectively, and
for the making of Laws; and also the whole of an Act passed in
the Session of the 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 of 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
; 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 Parliament 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 hereinafter prescribed,
which shall be called "The Legislative Council and Assembly
of 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 of Canada,
such laws not being repugnant to this Act, or to such Parts of
the said Act passed in the Thirtyfirst Year of the Reign of His
said late Majesty as are not hereby repealed, or to any Act of
Parliament made or to be made, and not hereby repealed, which
does or shall, by express Enactment or by necessary Intendment,
extend to the Provinces of Upper and Lower Canada, or to either
of them, or to the Province of Canada; and 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
binding to all Intents and Purposes within the Province of Canada.
IV. And be it enacted, That for the Purpose of composing
the Legislative Council of the Province of Canada it shall be
lawful for Her Majesty, before the Time to be appointed 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 fit, and that every
Person who shall be so summoned shall there by 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 the United 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 Province of Canada shall hold his Seat therein
for the Term of his Life, but subject nevertheless to the Provisions
hereinafter contained for vacating the same.
VI. And be it enacted, That it shall be lawful for
any Member of the Legislative Council of the Province of Canada
to resign his Seat in the said Legislative Council, and upon such
Resignation the Seat of such Legislative Councillor shall become
vacant.
VII. And be it enacted, That if any Legislative Councillor
of the Province of Canada shall for Two successive Sessions of
the Legislature of the said Province fail to give his 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 or make any Declaration or Acknowledgment of Allegiance,
Obedience, or Adherence to any Foreign Prince or Power, or shall
do, concur in, or adopt any Act whereby 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 to Insolvent Debtors,
or become a public Defaulter, or be attainted of Treason, or be
convicted of Felony or of any infamous Crime, his Scat in such
Council shall thereby become vacant.
VIII. And he it 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 Legislative Council, to be by the said Legislative Council
heard and determined: Provided always, that it shall be lawful,
either for the Person respecting whose Seat such Question shall
have arisen, or for Her Majesty's Attorney General for the said
Province on Her Majesty's Behalf, to appeal from the Determination
of the said Council in such Case to Her Majesty, and that the
Judgment of Her Majesty given with the Advice of Her Privy Council
thereon shall be final and conclusive 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 the
said Legislative Council, and to remove him, and appoint another
in his Stead.
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 Meeting for 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 the casting Vote.
XI. And be it enacted, That for the Purpose of constituting
the Legislative Assembly of the Province of Canada it shall be
lawful for the Governor of the said Province, within the Time
hereinafter mentioned, and thereafter from Time to Time as Occasion
shall require, in Her Majesty's Name and by an Instrument or Instruments
under the Great Seal of the said Province, to summon and call
together a Legislative Assembly in and for the said Province.
XII. And be it enacted, That in the Legislative Assembly
of the Province of Canada 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
hereinafter contained, he represented by an equal Number of Representatives,
to be elected for the Places and in the Manner hereinafter mentioned.
XIII. And be it enacted, That the County of Halton
in the Province of Upper Canada shall be divided into Two Ridings,
to be called respectively the East Riding and the West Riding;
and that the East Riding of the said county shall consist of the
following Townships, namely, Trafalgar, Nelson, Esquesing, Nassagawega,
East Flamborough, West Flamborough, Ering, Beverley; and that
the West Riding of the said County shall consist of the following
Townships, namely, Garafraxa, Nichol, Woolwich, Guelph, Waterloo,
Wilmot, Dumfries, Puslinch, Eramosa; and that the East Riding
and West Riding of the said County shall each be represented by
One Member in the Legislative Assembly of the Province of Canada.
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 the South Riding;
and that the North Riding of the last-mentioned 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 lastmentioned
County shall consist of the following Townships, namely, Hamilton,
Haldimand, 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 be divided into Two Ridings,
to be called respectively the North Riding and the South Riding;
and that the North Riding shall be formed by uniting the First
Riding and Second Riding of the said County, and the South Riding
by uniting the Third Riding and Fourth Riding of the said County;
and that the North and South Riding of the last-mentioned County
shall each be represented by One Member in the Legislative Assembly
of the Province of Canada.
XVI. And be it enacted, That every County and Riding,
other than those herein-before 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 represented
by One Member in the Legislative Assembly of the Province of Canada.
XVII. And be it enacted, That the City of Toronto
shall be represented by Two Members, and the Towns of Kingston,
Brockville, 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 temporary Provision for the Government
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 Chesnaye, L'Acadie, Laprairie, Dorchester,
and Beauce, hereinafter mentioned, shall he 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 Chesnaye 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 Counties of 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.
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 shall 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 Representatives to the said Legislative Assembly,
the Cities and Towns herein-before mentioned shall be deemed to
be bounded and limited in such Manner as the Governor of the Province
of Canada, by Letters Patent under the Great Seal of the Province,
to be issued within Thirty Days after the Union of the said Provinces
of Upper Canada and Lower Canada, shall set forth and describe;
and such Parts of any such City or Town (if any) which shall not
be included within the Boundary of such City or Town respectively
by such Letters Patent, for the Purposes of this Act shall be
taken to be a Part of the adjoining County or Riding, for the
Purpose of being represented in the said Legislative Assembly.
XXII. And be it enacted, That for the Purpose of
electing the Members of the Legislative Assembly of the Province
of Canada, it shall be lawful for the Governor of the said Province,
from Time to Time, to nominate proper Persons to execute the Office
of Returning Officer 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
hereinafter contained.
XXIII. And be it enacted, That no Person shall be
obliged to execute the said Office of Returning Officer for any
longer Term than One Year, or oftener than once, unless it shall
be at any Time otherwise provided by some Act or Acts of the Legislature
of the Province of Canada.
XXIV. And be it enacted, That Writs for the Election
of Members to serve in the Legislative Assembly 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 summoning and calling together such Legislative Assembly;
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 said Province, or from any other legal Cause; 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 be
at any Time otherwise 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
his being so summoned as aforesaid, the Writ for 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.
XXV. And be it enacted, That it shall be lawful for
the Governor of the Province of Canada for the Time being to fix
the Time and Place of holding Elections of Members to serve in
the Legislative Assembly of the said Province. until otherwise
provided for as hereinafter is mentioned, giving not less than
Eight Days Notice of such Time and Place.
XXVI. And be it enacted, That it shall be lawful
for the Legislature of the Province 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 Representatives 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 Return of Writs
for the Election of Members to serve hl the said Legislative Assembly,
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 Province 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 Legislative 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.
XXVII. 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 to the Qualification and Disqualification
of any Person to be elected or to sit or vote as a Member of the
Assembly in the said Provinces respectively, (except those which
require a Qualification of Property in Candidates for Election,
for which Provision is hereinafter made,) and relating to the
Qualification and Disqualification of Voters at the Election of
Members 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 Officers, 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 Members
to serve in the Legislative Assembly of the Province of Canada
for Places situated in those Parts of the Province of Canada for
which such Laws were passed.
XXVIII. And be it enacted, That no Person shall be
capable of being elected a 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 Socage, or seised or possessed,
for his own Use and Benefit, of Lands or Tenements held in Fief
or in Roture, within the said Province of Canada, of the Value
of Five hundred Pounds of Sterling Money 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 following Declaration:
"I, A.B. do declare and testify, That I
am duly seised at Law or in Equity as of Freehold, for my
own Use and Benefit, of Lands or Tenements held in Free and
Common Socage, [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),l 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 upon 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 enabling
me to be returned a Member of the Legislative Assembly of
the Province of Canada."
XXIX. And be it enacted, That if any Person shall
knowingly and wilfully make a false Declaration respecting his
Qualifications as a Candidate at any Election as aforesaid, such
Person shall be deemed to be guilty of a Misdemeanour, 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.
XXX. And be it enacted, That it shall be lawful for
the Governor of the Province 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.
XXXI. 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 and the First 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.
XXXII. 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 reunited as aforesaid.
XXXIII. 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. And be it enacted, That the Presence of at
least Twenty Members of 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 Speaker, and when the Voices
shall be equal the Speaker shall have the casting Voice.
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:
"I A.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 Britain and Ireland, and of this Province of Canada,
dependent on and belonging to the said United Kingdom; 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 and Successors, all Treasons and
traitorous Conspiracies and Attempts which I shall know to
be against Her or any of them; 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."
XXXVI. And be it enacted, That every Person authorized
by Law to make an Affirmation instead of taking an Oath may make
such Affirmation in every Case in which an Oath is herein-before
required to be taken.
XXXVII. And be it enacted, That whenever any Bill
which has been passed by the Legislative Council and Assembly
of the Province of Canada shall be 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, that he assents to such Bill in Her Majesty's
Name, or that he withholds Her Majesty's Assent, or that he reserves
such Bill for the Signification of Her Majesty's Pleasure thereon.
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, such 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 Majesty, 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 after the Day of such Signification.
XXXIX. And be it enacted, That no Bill which shall
be reserved for the Signification 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, 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 signified 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 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 Governor, 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 Reunion 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 administering 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.
XLI. And be it enacted, That from and after the said
Reunion of the said Two Provinces all Writs, Proclamations, Instruments
for summoning and calling together the Legislative Council 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 Assembly, 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 the Legislative Council and Assembly
of the Province of Canada, containing any Provisions to vary or
repeal any of the Provisions now in force contained in an Act
of the 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 of the same
Reign, respecting the accustomed Dues and Rights of the Clergy
of the Church of Rome; or to vary or repeal any of the 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, or respecting the Presentation
of Incumbents or Ministers of the same, or respecting 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 of the 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 Manner 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 Members 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 Province 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 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; 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 hereinbefore 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 Province of Canada or any Part thereof and
any Foreign Country or Stint, 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 Produce 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 hereinafter provided) in such Manner only as shall
be directed by any Law or Laws which my 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, intituled
An Act to establish a Court of Probate in the said Province, and
also 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 administering the Government of the said last-mentioned
Province should 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 Reign of His late Majesty King William
the Fourth, intituled An Act respecting the Time and Place of
sitting of the Court of King's Bench, it was among other things
enacted, that His Majesty's Court of King's Bench in that Province
should be holden in a Place 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, passed 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 Chancery, 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 Sent 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, intituled An Act for the Division of the Province of
Lower Canada, for amending the Judicature thereof, and for repealing
certain Laws therein mentioned, it was enacted, that the Governor,
Lieutenant Governor, or the Person administering the Government,
the Members of the Executive Council of the said Province, the
Chief Justice thereof, and the Chief 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 Provincial Court of Appeals, and should
take cognizance of, hear, try, and determine all Causes, Matters,
and Things appealed from all Civil Jurisdictions and Courts wherein
an Appeal is by Law allowed;" be it enacted, That until otherwise
provided 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 of the Executive Council of the same
Province, or was vested in or might be exercised by the Governor,
Lieutenant Governor, or 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 respectively; and that until otherwise provided
by Act or Acts of the Legislature of the Province 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 holden 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-mentioned 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 the said Act passed in the Thirty-first
Year of the Reign of His late Majesty King George the Third, or
by any other Act of Parliament, or by any Act of the Legislature
of the Provinces of Upper and Lower Canada respectively, are vested
in or are authorized or required to be exercised by the respective
Governors or Lieutenant Governors of the said Provinces, with
the Advice or with the Advice and 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 appointed 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,
Authority, 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 Authority of this Act, be repealed or
varied by any Act or Acts of the Legislature of hl Province of
Canada.
XLVII. And be it enacted, That all the Courts of
Civil and Criminal Jurisdiction 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 reunited as aforesaid.
XLVIII. And whereas the Legislatures of the said
Provinces of Upper Canada and Lower Canada have from Time to Time
passed Enactment's, which Enactment's were to continue in force
for a certain Number of Years after 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, That whenever the Words ''and from thence
to the End of the then next ensuing Session of the Legislature,"
or words to the same Effect, have been used in any temporary Act
of either of the said Two Provinces which shall not have expired
before the Reunion 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 of His late Majesty King George the Fourth,
intituled An Act to regulate the Trade of the Provinces of 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 Proceeding 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 Provisions
of any of them, shall be repealed.
L. And be it enacted, That upon the Union of the
Provinces of Upper and Lower Canada all Duties and Revenues over
which the respective Legislatures 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 the Public Service of the Province of Canada,
in the Manner and subject to the Charges hereinafter mentioned.
LI. And be it enacted, That the said Consolidated
Revenue Fund of the Province of Canada shall be permanently charged
with all the Costs, Charges, and Expences incident to the Collection,
Management, and Receipt thereof, such Costs, Charges, and Expences
being subject nevertheless to be reviewed and audited in such
Manner as shall be directed by any Act of the Legislature of the
Province of Canada.
LII. And be it enacted, That out of the Consolidated
Revenue Fund of the Province of Canada there shall be payable
in every Year to Her Majesty, Her Heirs and Successors, the Sum
of Forty-five thousand Pounds, for defraying the Expence of the
several Services and Purposes named in the Schedule marked A.
to this Act annexed; and during the Life of Her Majesty, and for
Five Years after the Demise of Her Majesty, there shall be payable
to Her Majesty, Her Heirs and Successors, out of the said Consolidated
Revenue Fund, a further Sum of Thirty thousand Pounds, for defraying
the Expence of the several Services and Purposes named in the
Schedule marked B. to this Act annexed; the said Sums of Fortyfive
thousand Pounds and Thirty thousand Pounds to be issued by the
Receiver General in discharge of such Warrant or Warrants as shall
be from Time to Time directed to him under the Hand and Seal of
the Governor; and the said Receiver General shall account to 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 Majesty shall be graciously pleased to direct.
LIII. And be it enacted, That, until altered by any
Act of the Legislature of the Province of Canada, the Salaries
of the Governor and of the Judges shall be those respectively
set against their several Offices in the said Schedule A.; but
that it shall be Lawful for the Governor to abolish any of the
Offices named in the said Schedule B., or to vary the Sums appropriated
to any of the Services or Purposes named in the said Schedule
B.; and that the Amount of Saving which may accrue from any such
Alteration in either of the said Schedules shall be appropriated
to such Purposes connected with the Administration of the Government
of the said Province as to Her Majesty shall seem fit; and that
Accounts in detail of the Expenditure of the several Sums of Fortyfive
thousand Pounds and Thirty thousand Pounds herein-before granted,
and of every Part thereof, shall be laid before 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 the Judges out of the said Sum of Forty-five thousand Pounds,
and that not more than Five thousand Pounds shall be payable at
the same Time for Pensions out of 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 Legislative Council and Legislative 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 same shall be
accepted and taken by Her Majesty by way of Civil List, instead
of all Territorial and other Revenues now at the Disposal of the
Crown, arising in either of the said Provinces of Upper Canada
or Lower Canada, or in the Province of Canada, and that Three
Fifths of the net Produce of the said Territorial and other Revenues
now at the Disposal of the Crown within the Province of Canada
shall be paid over to the Account of the said Consolidated Revenue
Fund; and also during the Life of Her Majesty, and for Five Years
after the Demise of Her Majesty, the remaining Two Fifths of the
net Produce of the said Territorial and other Revenues now at
the Disposal of the Crown within the Province of Canada shall
be also paid over in like Manner to the Account of the said Consolidated
Revenue Fund.
LV. And be it enacted, That the Consolidation of
the Duties and Revenues of the said Province shall not be taken
to affect the Payment out of the said Consolidated Revenue Fund
of any Sum or Sums heretofore charged upon the Rates and Duties
already raised, levied, and collected, or to be raised, levied,
and collected, to and for the Use of either of the said Provinces
of Upper Canada or Lower Canada, or of the Province of Canada,
for such Time as shall have been appointed by the several Acts
of the Legislature of the Province by which such Charges were
severally authorized.
LVI. And be it enacted, That the Expences of the
Collection, Management, and Receipt of the said Consolidated Revenue
Fund shall form the First Charge thereon; and that the annual
Interest of the Public Debt of the Provinces of Upper and Lower
Canada, or of either of them, at the Time of the Reunion of the
said Provinces, shall form the Second Charge thereon; and that
the Payments to be made to the Clergy of the United Church of
England and Ireland, and to the Clergy of the Church of Scotland,
and to Ministers of other Christian Denominations, pursuant to
any Law or Usage whereby such Payments, before or at the Time
of passing this Act, were or are legally or usually paid out of
the Public or Crown Revenue of either of the Provinces of Upper
and Lower Canada, shall form the Third Charge upon the said Consolidated
Revenue Fund; and that the said Sum of Forty-five thousand Pounds
shall form the Fourth Charge thereon; and that the sum of Thirty
thousand Pounds, so long as the same shall continue to be payable,
shall form the Fifth Charge thereon; and that the other Charges
upon the Rates and Duties levied within the said Province of Canada
herein-before reserved shall tom the Sixth Charge thereon, so
long as such Charges shall continue to be payable.
LVII. And be it enacted, That, subject to the several
Payments hereby charged on the said Consolidated Revenue Fund,
the same shall be appropriated by the Legislature of the Province
of Canada for the Public Service, in such Manner as they shall
think proper: Provided always, that all Bills for appropriating
any Part of the Surplus of the said Consolidated Revenue Fund,
or for imposing any new Tax or Impost, shall originate in the
Legislative Assembly of the said Province of Canada: Provided
also, that it shall not be lawful for the said Legislative Assembly
to originate or pass any Vote, Resolution, or Bill for the Appropriation
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.
LVIII. 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 Canada
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 Officers 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
LIX. And be it enacted, That all Powers and Authorities
expressed in this Act to be given to the Governor of the Province
of Canada shall be exercised by such Governor in conformity with
and subject to such Orders, Instructions, and Directions as Her
Majesty shall from Time to Time see fit to make or issue.
LX. "And whereas His late Majesty King George
the Third, by His Royal Proclamation, 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 Governor of Newfoundland:
And whereas by an Act passed in the Fourteenth Year of the Reign
of His said late Majesty, intituled An Act for the making more
effectual Provision for the Government of the Province of Quebec
in North America, all such Territories, Islands, 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 Proclamation;" be it declared
and enacted, That nothing in this or any other Act contained 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.
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 Legislative 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.
LXII. And be it enacted, That this Act may be amended
or repealed by any Act to be passed in the present Session of
Parliament.
SCHEDULE A
| Governor | 7,000 |
| Lieutenant Governor | 1,000 |
| UPPER CANADA | |
| 1 Chief Justice | 1,500 |
| 4 Puisne Judges at 900l. each | 3,600 |
| 1 Vice Chancellor | 1,125 |
| LOWER CANADA | |
| 1 Chief Justice, Quebec | 1,500 |
| 3 Puisne Judges, Quebec, at 900l. each | 2,700 |
| 1 Chief Justice, Montreal | 1,100 |
| 3 Puisne Judges, Montreal, at 900l. each | 2,700 |
| 1 Resident Judge at Three Rivers | 900 |
| 1 Judge of the Inferior District of St. Francis | 500 |
| 1 Judge of the Inferior District of Gaspé | 500 |
| Pensions to the Judges, Salaries of the Attornies and Solicitors General, and Contingent and Miscellaneous Expenses of Administration of Justice throughout the Province of Canada | 20,875 |
| 45,000 |
SCHEDULE B
| Civil Secretaries and their Offices | 8,000 |
| Provincial Secretaries and their Offices | 3,000 |
| Receiver General and his Office | 3,000 |
| Inspector General and his Office | 2,000 |
| Executive Council | 3,000 |
| Board of Works | 2,000,700 |
| Emigrant Agent | 5,000 |
| Pensions | 3,300 |
| Contingent Expenses of Public Offices | 30,000 |