Document Information

Date: 1859-08-08
By: UK (Parliament)
Citation: An Act to empower the Legislature of Canada to make Laws regulating the Appointment of a Speaker of the Legislative Council, UK, 1859, c 10.
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THE

STATUTES

OF

THE UNITED KINGDOM

OF

GREAT BRITAIN AND IRELAND.

WITH

NOTES AND REFERENCES,
TABLES SHOWING THE EFFECT OF THE YEAR’S LEGISLATION,
AND A COPIOUS INDEX.

BY GEORGE KETTILBY RICKARDS, ESQ.
OF THE INNER TEMPLE,
COUNSEL TO THE SPEAKER OF THE HOUSE OF COMMONS.

VOL. XXIV.—PART I. 21 & 22 VICT.—1857-58.

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

M.DCCLVIII.

An Act to empower the Legislature of Canada to make Laws regulating the Appointment of a Speaker of the Legislative Council.

[8th August 1859.]

‘WHEREAS by an Act passed in the Session of Parliament holden 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 “ it is amongst other things provided that the Governor of the Province of Canada shall have the 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: And whereas by an Act passed in the Session of Parliament holden in the seventeenth and eighteenth years of Her Majesty, Chapter one hundred and eighteen, “to empower the Legislature of Canada to “alter the Constitution of the Legislative Council for that Province, and for other purposes,” Power was given to the Legislature of Canada to alter the Manner of composing the Legislative Council for that Province, and to make it consist of such Number of Persons appointed or to be appointed or elected by such Persons, and in such Manner as to the said Legislature may seem fit, in the Manner and subject to the Conditions by that Act provided, and for the Purpose aforesaid to vary repeal, in such Manner as to them may seem fit all or any of the Provisions of the first-recited Act, and of any other Act of Parliament now in force which relate to the Constitution of the Legislative Council of Canada ; and it was thereby further enacted, that the Speaker of the Legislative Council should, as therefore, be appointed by the Governor; and whereas the said Legislature in pursuance of the Powers conferred on them by the said last-recited Act, have by an Act of the Province of Canada passed in the Session of the said Legislature holden in the Nineteenth and Twentieth years of Her Majesty, “to change the Constitution of the Legislative Council by rendering the same elective,” for appointed Members thereof: And whereas Doubts have been entertained whether it is lawful the Legislature of Canada , under the Powers given to them by the said last-recited Act of Parliament, to provide for the Appointment or Election of a Speaker of the Legislative Council, and it is expedient that such doubts should be removed: Be it enacted by they 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 legislature of Canada, by any Act or Acts passed in the Manner and subject to the Conditions specified in the said last-recited Act of Parliament, to alter the Constitution of the Legislative Council of the said Province, by providing for the Appointment or Election of a Speaker of the said Council; for this Purpose to vary and repeal, in such Manner as to them may seem fit, so much of herein-before recited Sections of the said Acts of Parliament and of the Provisions of the said recited or any other Acts of Parliament, as relates to the Appointment of such a Speaker.