Bill (As Amended by the Committee) for Uniting the Legislatures of Lower & Upper Canada, UK, 1822


Document Information

Date: 1822-07-31
By: UK (House of Commons)
Citation: Bill (As Amended by the Committee) for Uniting the Legislatures of Lower & Upper Canada, 1822 Sess, UK, 1822.
Other formats: Click here to view the original document (PDF).


III. GEO. IV.–SESS. 1822.

BILL

(AS AMENDED BY THE COMMITTEE)

FOR UNITING THE
LEGISLATURES
OF
LOWER & UPPER CANADA.

Printed, by Order of the House of Commons,
31st JULY, 1822.

Quebec:
RE-PRINTED AT THE NEW PRINTING-OFFICE,
FREE-MASONS’ HALL.

1822.

BILL

[AS AMENDED BY THE COMMITTEE]

For Uniting the Legislatures of the Provinces

OF

LOWER AND UPPER CANADA.

WHEREAS in the present situation of the Provinces
of Lower and Upper Canada, as such with relation to Great
Britain as to each other, a joint Legislature for both the
said Provinces would be more likely to promote their gene-
ral security and prosperity than a separate Legislature for
each of the said Provinces, as at present by law established;
–Be it therefore enacted by the King’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 so much of an Act passed in the thirty-first year of the
reign of His late Majesty King George the Third, intitul-
ed, ” ‘An Act for making more effectual provision for the
” ‘Government of the Province of Quebec in North Ame-
” ‘rica,’ and to make further provision for the Govern-
” ment of the said Province,” as provides for the com-
posing and constituting within each of the said Provinces
respectively, a Legislative Council and Assembly, and for
the passing of laws by the Legislative Council and Assem-
bly of each Province, shall be and the same is hereby re-
pealed, except in so far as the same or any of the provisi-
ons thereof, may by this present Act be continued or
applied to the purposes of the joint Legislature, to be
constituted in manner hereinafter mentioned: Provided
also, that so much of an Act passed in the fourteenth year
of the reign of his said late Majesty, intituled, “An Act for
” making more effectual provision for the Government
” of the Province of Quebec in North America,” as is re-
pealed by the said Act passed in the thirty-first year afore-
said, shall be deemed and taken to be, and shall remain
repealed.

II. And be it further enacted, That from and after the
passing of this Act, there shall be within the said two Pro-
vinces, and for the same jointly, one Legislative Council
and one Assembly, to be composed and constituted in man-
ner hereinafter described, and which shall be called “The
“Legislative Council and Assembly of the Canadas;” and
that within the said Provinces, or either of them, His Ma-
jesty, His Heirs or Successors, shall have power, during
the continuance of this Act, by and with the advice and
consent of the said Legislative Council and Assembly of the
Canadas, to make laws for the peace, welfare and good go-
vernment of the said Provinces, or either of them, such
laws not being repugnant to this Act, nor to such parts of
the said Act passed in the thirty-first year aforesaid, as are
not hereby repealed; and all that such laws being passed
by the said Legislative Council and Assembly, and assent-
ed to by His Majesty, His Heirs or Successors, re-assent-
ed to in His Majesty’s name by the Governor-in-Chief in
and over the said Provinces of Lower and Upper Canada,
or in case of the death or absence of such Governor-in-
Chief, by the Lieutenant Governor of the Province of
Upper Canada, for the time being, or in case of the death
or absence of such Lieutenant Governor, then by the Lieu-
tenant Governor of Lower Canada, for the time being, or
in case there should be no Lieutenant Governor at such
time resident in the Province of Lower Canada, then by
the person administering the government thereof for the
time being, shall be and the same are hereby declared to
be, by virtue of and under the authority of this Act, valid
and binding to all intents and purposes whatever within
the said two Provinces.

III. And be it further enacted, That the present Mem-
bers of the Legislative Councils of Lower and Upper
Canada shall, by virtue of this Act, and without any new
or other commissions for that purpose, constitute together
the Legislative Council of the Canadas, which said Mem-
bers shall take precedence in the joint Legislative Coun-
cil according to the date of the instruments by which they
were originally summoned to the Legislative Councils of
the two Provinces respectively; and that it shall also be
lawful for His Majesty, his Heirs or Successors, from time
to time, by an instrument under his or their sign manual,
to authorize and direct the said Governor-in-Chief, or in
case of his death or absence, such other person, and in
such order respectively as is hereinbefore directed, to sum-
mon to the said Legislative Council, by an instrument,
under a seal to be transmitted by His Majesty to the Go-
vernor-in-Chief, or under any other seal which the said
Governor-in-Chief shall be by His Majesty directed to use
for the purposes of this Act, and which shall be called the
Great Seal of the Canadas, and shall be applied only to
the purposes directed by this Act, such other person or
persons as His Majesty, His Heirs or Successors, shall
think fit; and that every person who shall be so summon-
ed to the said Legislative Council, shall thereby become a
member thereof.

IV. And it is further enacted, That such persons only
shall be summoned to the said Legislative Council, as by
the said above-mentioned Act, passed in the thirty-first
year aforesaid, are directed to be summoned to the Legis-
lative Council of the said two Provinces respectively; and
that every Member of the said Legislative Council shall
hold his seat for the same term, and with the same rights,
titles, honours, ranks, dignities, privileges and immunities,
and subject to the same provisions, conditions, restrictions,
limitations and forfeitures, and to the same mode of pro-
ceeding, for hearing and determining by the said Legislative
Council all questions which shall arise touching the same,
as are in the said Act, passed in the thirty-first year afore-
said, mentioned and contained, with respect to the Mem-
bers thereby directed to be summoned to the Legislative
Council of the two Provinces respectively.

V. And be it further enacted, That the Governor-in-
Chief, or in case of his death or absence, such other per-
son, and in such order respectively as is hereinbefore di-
rected, shall have power and authority from time to time,
by an instrument under the Great Seal of the Canadas, to
constitute appoint and remove the Speaker of the said
Legislative Council.

VI. And be it further enacted, That the Members at
present composing the Assemblies of the said two Provinces
shall, together with such new Members as shall or may be
returned for either of the said Provinces respectively, in
manner hereinafter mentioned, form and constitute the As-
sembly of the Canadas, and shall be and continue until the
first day of July one thousand eight hundred and twenty-
five, unless sooner dissolved; and that in case of a disso-
lution of the said Assembly, or of vacancies occurring
therein, Members shall be returned for the same counties
and places, and in the same manner, and in the same num
bers, except as hereinafter otherwise provided, as now by
law they are returned within the two Provinces respectively.

VII. And whereas an Act was passed by the Provin-
cial Legislature of Upper Canada, in the sixtieth year of
the reign of his said late Majesty, intituled, ” An Act for
” increasing the Representation of the Commons of this
” Province in the House of Assembly;” be it therefore fur-
ther enacted, that the said Act, and all the provisions there-
in contained, except as hereinafter otherwise provided, shall
remain in full force and effect, and shall be applied to the
representation of the said Province of Upper Canada in the
joint Assembly, in like manner as the same were applica-
ble to the representation thereof in the Assembly of the
said Province of Upper Canada before this Act was passed.

VIII. And be it further enacted, That it shall and may
be lawful for the Governor, Lieutenant Governor, or per-
son administering the Government of the said Province of
Lower Canada for the time being, from time to time as he
shall judge expedient, from and out of that part of the
said Province of Lower Canada which has been erected
into Townships since the number of representatives for the
said Province was settled by Proclamation, to form and
erect new Counties, by instrument or instruments under
the Great Seal of the said Province, each such new Coun-
ty to consist of not less than six Townships; and that
when and so often as any such new County shall be form-
ed and erected as aforesiad, the Governor, Lieutenant
Governor or person administering the Government of
the said Province of Lower Canada, shall issue a writ for
the election of one Member to serve for the same in the As-
sembly; and that whensoever the said Governor, Lieute-
nant Governor, or person administering the Government
as aforesaid, shall deem it expedient that any such new
County, or any County heretofore erected within the said
Province of Lower Canada, and at present represented by
only one Member, shall be represented by two Members,
he shall in like manner issue writs for that purpose: Pro-
vided always, that no subdivision of any Counties now
erected or to be hereafter erected within either of the said
Provinces, except as hereinbefore provided with respect to
the said Townships, shall extend or be construed to ex-
tend to increase the number of representatives for such
Counties: Provided also, that the number of representa-
tives for each Province shall not exceed sixty.

IX. And be it further enacted, That no Act by which the
number of representatives of either Province shall be alter-
ed, shall hereafter be passed by His Majesty, by and with
the advice and consent of the said Legislative Council and
Assembly, unless the same shall have been passed by two-
thirds at least of the Members present at the question for
the second and third reading of the same in the said Legis-
lative Council and Assembly respectively.

X. And be it further enacted, That all and every the
provisions and regulations respecting the appointment and
nomination, duties, privileges and liabilities of return-
ing officers for either of the said Provinces respectively, and
respecting the eligibility, qualification and disability of
persons to sit as Members in the said Assembly, or to
vote on the election of such Members, and respecting any
oath to be taken by candidates or voters at such elections,
as are contained in the said abovementioned Act, passed
in the thirty-first year aforesaid, except in so far as the said
provisions and regulations are hereby in anywise altered,
shall remain and continue in force in both of the said Pro-
vinces; and that all and every the provisions and regula-
tions respecting the objects above enumerated, or any of
them, which are contained in any Act or Ats of the
Provincial Legislatures, which are now in force in either
of the said Provinces respectively, shall remain and con-
tinue in force within such Province, except as the same
are hereby in anywise altered, until otherwise provided
for by the joint Legislature.

XI. And be it further enacted, That when and so often
hereafter as it may be necessary to summon and call to-
gether a new Assembly for the said two Provinces, it shall
and may be lawful for the said Governor-in-Chief, or in
case of his death or absence, then for such other person,
and in such order respectively as is hereinbefore directed,
by an instrument under the said Great Seal of the Canadas,
to summon and call together the said Assembly as herein-
after expressed and provided.

XII. And be it further enacted, That Writs for the elec-
tion of Members to serve in the said Assembly, shall be
issued by the Governor, Lieutenant-Governor, or person
administering the government of the Province within which
such members shall be chosen respectively, in the same
manner and directed to the same officers, and returnable
within the same period, as in and by the said Act made
and passed in the thirty-first year aforesaid, is directed
and provided.

XIII. And be it further enacted, That on the first gene-
ral election of Members for the said Assembly, which shall
take place from and after the passing of this Act, and on
all subsequent elections, whether general or for particular
places, in cases of vacancy, which shall be holden in either
of the said Provinces, no person shall be capable of being
elected, who shall not be legally possessed to his own use
and benefit, of lands and tenements within one or other of
the said Provinces, of the value of Five hundred pounds
sterling over and above all rents, charges and incumbran-
ces which may affect the same, such lands and tenements
being by him held in a freehold, in fief or in roture; and
that every candidate at such election, before he shall be
capable of being elected, shall, if required by any other
candidate, or by the returning officer, take an Oath in
the following form, or to the following effect:

“I, A.B. do swear, that I am legally and bona fide
“possessed to my own use and benefit, of lands and tene-
“ments within the Province of Canada,
“of the value of sterling, over
“and above all rents, charges and incumbrances which
“may affect the same; and that the said lands and tene-
“ments are by me held in freehold, in fief, or in roture
“[as the case may be]’ and that I have not obtained the
“same fraudulently, for the purpose of enabling me to be
“returned Member to the Assembly of the Canadas; and
“also that I am otherwise qualified, according to the
“provisions of law, to be elected and returned to serve
“as a Member thereof.”
Provided always, that nothing in this Act contained
shall be construed to affect any Act now in force in either
of the said Provinces respectively, relating to the qualifi-
cation (other than as respects property) of any candidate
or voter at elections.

XIV. And be it further enacted, That if any person shall
knowingly and wilfully take a false oath respecting his qua-
lification, either as a candidate or voter at any election as
aforesaid, and shall thereof be lawfully convicted, such
person shall be liable to the pains and penalties by law in-
flicted on persons guilty of wilful and corrupt perjury in
the Province in which such false oath shall have been
taken.

XV. And be it further enacted, That whenever here-
after any question shall arise touching the validity of the
election or return of any person in either Province to serve
in the Assembly, such question shall be tried in the Joint
Assembly, according to the mode of proceeding now esta-
blished by law in that Province in which the disputed
election or return shall have been made, until a uniform
course of proceeding shall be duly established for both
Provinces.

XVI. And be it further enacted, That it shall and may
be lawful for the said Governor in Chief, or in case of his
death or absence, then for such other person, and in such
order respectively as is hereinbefore directed, if at any
time he shall deem it expedient, to summon and authorize,
by an instrument under his hand and seal, two Members
of the Executive Council of each Province to sit in every
Assembly, with power of debating therein, and with all
other powers, privileges and immunities of the Members
thereof, except that of voting.

XVII. And be it further enacted, That the said Legis-
lative Council and Assembly shall be called together for the
first time at some period not later than the first day of
September one thousand eight hundred and twenty-four,
and once afterwards in every twelve calendar months, and
that the said Governor in Chief, or in case of his death or
absence, such other person, and in such order respectively
as is hereinbefore directed, shall and may convene the first
and every other session of the said Legislative Council and
Assembly, at such places within either Province, and at
such times, under the restrictions aforesaid, as he shall
judge most conducive to the general convenience, giving
due and sufficient notice thereof, and shall have power to
prorogue the same from time to time, and to dissolve the
same by proclamation or otherwise whenever he shall deem
it necessary or expedient.

XVIII. And be it further enacted, That every Assembly
hereafter to be summoned and chosen, shall continue for five
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 said Governor in Chief, or
in case of his death or absence, by such other person,
and in such order respectively as is hereinbefore directed.

XIX. And be it further enacted, That all questions
which shall arise in the said Legislative Council or Assem-
bly, except in the cases herein otherwise provided, shall
be decided by the majority of voices of such Members as
shall be present; and that in all cases where the voices
shall be equal, the Speaker of such Council or Assembly
shall have a casting voice.

XX. Provided always, and be it further enacted, That no
Member either of the Legislative Council or Assembly shall
be permitted to sit or vote therein, until he shall have taken
and subscribed the oath prescribed for that purpose by the
said Act passed in the thirty-first year aforesaid, before a
person duly authorized to administer the same, as in and
by the said Act is directed.

XXI. And be it further enacted, That any Bill which
shall be passed by the Legislative Council and Assembly
shall be presented for His Majesty’s assent to the said Go-
vernor in Chief, or in case of his death or absence, to such
other person, and in such order respectively, as is herein-
before directed, who shall, according to his discretion,
declare or withhold His Majesty’s assent to such Bill, or
reserve such Bill for the signification of His Majesty’s
pleasure thereon, subject always to the same provisions and
regulations with respect to Bills which may either be assent-
ed to, or from which His Majesty’s assent may be with-
holden, or which may be reserved as aforesaid, as the case
may be, as in and by the said Act, passed in the thirty-
first year aforesaid, are contained and enacted with regard
to such Bills respectively.

XXII. And be it further enacted, That all laws, statu-
tes or ordinances which are in force at the time of passing
of this Act, within the said Provinces or either of them,
or in any part thereof respectively, shall remain and con-
tinue to be of the same force, authority and effect in each
of the said Provinces respectively as if this Act had not
been made, except in as far as the same are repealed or
varied by this Act, or in so far as the same shall or may
be hereafter by virtue of and under the authority of this
Act repealed or varied by His Majesty, His Heirs or Suc-
cessors, by and with the advice and consent of the said
Legislative Council and Assembly.

XXIII. And be it further enacted, That all rights, pri-
vileges, immunities and advantages which are at present
legally exercised and enjoyed by the Members of the As-
semblies of Lower and Upper Canada respectively, shall
continue to be exercised and enjoyed by them as Members
of the said Assembly of the Canadas, in as full and as
ample a manner as heretofore: Provided always, that no
privilege of the said Legislative Council or of the said As-
sembly, shall extend or be construed to extend to autho-
rize the imprisonment of any of His Majesty’s subjects not
being Members of the said Legislative Council or of the said
Assembly, or officers or servants of the said bodies res-
pectively, until an Act be passed declaratory of the rights
and privileges of the said bodies in this respect.

XXIV. And be it further enacted, That from and after
the passing of this Act, all written proceedings of what
nature soever of the said Legislative Council and Assembly,
or either of them, shall be in the English language and
none other; and that at the end of the space of fifteen years
from and after the passing of this Act, all debates in the
said Legislative Council or in the said Assembly, shall be
carried on in the English language and none other.

XXV. And whereas by the said Act of the Imperial Par-
liament of Great Britain, made and passed in the four-
teenth year aforesaid, intituled, “An Act for making more
“effectual provision for the Government of the Province
“of Quebec, in North America,” it was, amongst other
things, declared, that his Majesty’s subjects, professing
the religion of the church of Rome of and in the said Pro-
vince of Quebec, might have, hold and enjoy the free ex-
ercise of the said religion, subject to the King’s supremacy
as in the said Act mentioned, and that the clergy of the
said church might hold, receive and enjoy their accustom-
ed dues and rights with respect to such persons only as
should profess the said religion;–Be it therefore further
enacted and declared, that nothing in this Act, contained,
nor any Act to be passed by the said joint Legislature, nor
any resolution or other proceeding of the said Legislative
Council or Assembly, shall in anywise affect or be con-
strued to affect the free exercise of the religion of the
Church of Rome, by His Majesty’s subjects professing the
same, within either of the said Provinces, but the same
may continue to be exercised, and the clergy of the said
church aand the several curates of each respective parish of
the said Province of Lower Canada, now performing the
clerical duties thereof, or who shall hereafter, with the ap-
probation and consent of His Majesty, expressed in writ-
ing by the Governor or Lieutenant Governor, or person
administering the Government of the said Province of
Lower Canada for the time being, being thereto duly col-
lated, appointed or inducted, may continue to hold, re-
ceive and enjoy their accustomed dues and rights in as full
and ample manner, to all intents and purposes, as hereto-
fore, and as is provided and declared by the said last-men-
tioned Act.

XXVI. And be it further enacted, That all the provi-
sions, regulations and restrictions made and imposed in
and by the said Act, passed in the thirty-first year afore-
said, with respect to any Act or Acts containing any pro-
visions of the nature therein particularly mentioned and
specified, shall, and the same are hereby declared to extend
and apply to each and every Act which shall be passed by
the said Legislative Council and Assembly, and which shall
contain any provisions of the nature in and by the said
last mentioned Act set forth and specified.

XXVII. And be it further enacted, That all and every
the accounts, returns, papers, and documents, which by
any Act now in force in either Province, are directed to be
laid before the Legislature thereof respectively, shall, un-
der the penalties therein provided, be in like manner trans-
mitted the laid before the Legislature of the Canadas, dur-
ing the continuance of such Acts.

XXVIII. And be it further enacted, that the officers
and other persons receiving salaries or allowances in res-
pect of services rendered by them in the Legislatures of their
respective Provinces, shall continue to receive such sala-
ries and allowances as heretofore, until otherwise provided
for by any Act which shall be passed by His Majesty, His
Heirs or Successors, with the advice and consent of the
Legislative Council and Assembly of the Canadas.

Leave a Reply