Document Information

Date: 1854-08-11
By: UK (Parliament)
Citation: An Act to empower the Legislature of Canada to alter the Constitution of the Legislative Council for that Province, and for other Purposes, UK, 1854, c 118.
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THE

STATUTES

OF

THE UNITED KINGDOM

OF

GREAT BRITAIN AND IRELAND

WITH NOTES AND REFERENCES

BY CHARLES DACRES BEVAN, ESQ., M.A.

OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW,

RECORDER OF FALMOUTH AND HELSTON

VOLUME THE TWENTY-SECOND.

Containing the Acts 17 & 18 Victoria (1854) and 18 & 19 Victoria (1854-5)

With a Copious Index.

LONDON:
PRINTED BY GEORGE EDWARD EYRE AND WILLIAM SPOTTISWOODE
PRINTERS TO THE QUEEN’S MOST EXCELLENT MAJESTY.

M.DCCC.LV.

C A P. CXVIII.

An Act to empower the Legislature of Canada to alter the Constitution of the Legislative Council for that Province, and for other Purposes.

[11th August 1854.]

‘WHEREAS an Act of the Session of Parliament golden in the Third and Fourth years of Her Majesty Chapter Thirty-five “to reunite the Provinces of Upper and Lower Canada, and for the Government of Canada,” provides amongst other things for the Establishment of a Legislative Council in the Province of Canada, consisting of Members summoned thereto by the Governor, under the Authority of Her Majesty as therein specified: And whereas it is expedient that the Legislature of the said Province should be empowered to alter the Constitution of the said Legislative Council: And whereas the said Act requires Amendment in other respect:’ Be it 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 as follows:

I. It shall be lawful for the Legislature of Canada, by ant Act or Acts to be hereafter for that Purpose passed, to alter the Manner of composing the Legislative Council of the said Province and to make it consist of such Number of Members appointed or to be appointed or elected by such Persons and in such Manner as to the said Legislature may seem fit and to fix Qualifications of the Persons capable of being so appointed or elected and by such Act or Acts to make Provision, if they shall think fit, for the separate Dissolution by the Governor of the said Legislative Council and Legislative Assembly respectively, and for the Purposes aforesaid to vary and repeal in such Manner as to them may seem fit all or any of the Sections and Provisions of the said recited Act, and of any other Act of Parliament now in force which relate to the Constitution of the Legislative Council of Canada: Provided always, that any Bill or Bills which shall be passed by the present Legislative Council and Assembly of Canada for all or any of the purposes aforesaid shall be reserved by the said Governor, unless he think fir to withhold Her Majesty’s Assent thereto, for the Signification of Her Majesty’s Pleasure, and shall be subject to the Enactments of the said recited Act of th Third and Fourth Years of her Majesty, Chapter thirty-five, Section thirty-nine, which relate to Bills so reserved for the Signification of Her Majesty’s Pleasure.

II. As soon as the Constitution of the Legislative Council of the Province of Canada shall have been altered under such Act or Acts so assented to by Her Majesty as aforesaid, all Provisions o the said recited Act of Parliament of the Third and Fourth years of Her Majesty, Chapter thirty-five, and of any other Act of Parliament now in force relating to the Legislative Council of Canada, shall be held to apply to the Legislative Council so altered, except so far as such Provisions may have been varied of repealed by such Act or Acts of the Legislature of Canada so assented to as aforesaid.

III. It shall be lawful for the Legislature of Canada from Time to Time to vary and repeal all or any of the Provisions of the Act or Acts altering the Constitution of the said Legislative Council: Provided always, that any Bill for any such Purpose which shall vary the Qualification of Councillors, or the Duration of Office of such Councillors, or the Power of Governor to dissolve the Council or Assembly shall be reserved by the Governor for the Signification of Her Majesty’s Pleasure in manner aforesaid.

IV. It shall be lawful for the Legislature of Canada, by any Act or Acts reserved for the Signification of Her Majesty’s Pleasure, and whereto Her Majesty shall have assented as herein-before provided to vary or repeal any of the Provisions of the recited Act of Parliament of the Third and Fourth Years of Her Majesty which relate to the Property Qualification of Members of the Legislative Assembly.

V. So much of the twenty-sixth Section of the said recited Act of Parliament as provides 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 two thirds of the Members for the time being of the said Legislative Council and the Legislative Assembly shall have been passed with the Concurrence of the Members for the time being of the said Legislative Assembly respectively, and that 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, is hereby repealed.

VI. The forty-second Section of the said recited Act of Parliament, providing that in certain Cases Bills of the Legislative Council and Assembly of Canada shall be laid before both Houses of Parliament of the United Kingdom, is hereby repealed; and, notwithstanding anything in the said Act of Parliament or in any other Act of Parliament contained, it shall be lawful for the Governor to declare that he assents in Her Majesty’s Name to any Bill of the Legislature of Canada, or for Her Majesty to assent any such Bill if reserved for the Signification of Her Pleasure thereon, although such Bill shall not have been laid before the said Houses of Parliament; and no Act heretofore passed or to be passed by the Legislature of Houses, or by reason of the Legislative Council and Assembly not having presented to the Governor such Address as by the said Act of Parliament is required.

VII. That is this Act the Word “Governor” is to be understood as comprehending the Governor, and in his Absence the Lieutenant Governor, or Person authorized to execute the Office or the Functions of the Governor of Canada.