The Labrador Boundary


Privy Council Documents


Volume I
Contents




No Person obliged shall serve as the Returing Officer more than One year unless otherwise provided by an Act of the Province.

Number of Members in each Province.

Regulations for issuing Writs for the Election of Members to serve in the Assemblies.

Returning Officers to execute Writs.

By whom the Members are to be chosen.

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sponsored by
Michael Chandler,
Iqaluit, NU

Certain Persons not eligible to the Assemblies.

No Person under 21 Years of Age &c. capable of voting or being elected;

nor any person attainted for Treason or Felony.

Voters, if required, to take the following

Oath.

and to make the Oath to the Particulars herein specified.

His Majesty may authorize the Governor to fix the Time and Place of holding Elections,

and of holding the Sessions of the Council and Assembly, &c.

Council and Assembly to be called together, Once in 12 Months, &c.

and all Questions therein to be decided by the Majority of Votes.

No Member to sit or vote till he has taken the following,

Oath.

Governor may give or withhold His Majesty's Assent to Bills passed by the Legislative Council and Assembly, or reserve them for His Majesty's Pleasure.

Governor to transmit to the Secretary of State Copies of such Bills as have been assented to, which His Majesty in Council may declare his Disallowance of within Two Years from the Receipt.

Bills reserved for His Majesty's Pleasure not to have any Force till His majesty's Assent be communicated to the Council and Assembly, &c.

Laws in Force at the Commencement of this Act to continue so, except repealed or varied by it, &c.

Establishment of a Court of Civil Jurisdiction in each Province.


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longer; but subject nevertheless to be sooner repealed or varied by any Act of the Legislative Council and Assembly of the Province, assented to by His Majesty, His Heirs or Successors.

     XVI. Provided always, and be it further enacted by the Authority aforesaid, That no Person shall be obliged to execute the said Office of Returning Officer for any longer Time than One Year, or oftener than Once, unless it shall at any time be otherwise provided by any Act of the Legislative Council and Assembly of the Province, assented to by His Majesty, His Heirs or Successors.

     XVII. Provided also, and be it enacted by the Authority aforesaid, That whole Number of Members to be chosen in the Province of Upper Canada shall not be less than Sixteen, and that the whole Number of Members to be chosen in the Province of Lower Canada shall not be less than Fifty.

     XVIII. And be it further enacted by the Authority aforesaid, That Writs for the Election of Members to serve in the said Assemblies respectively shall be issued by the Governor, Lieutenant Governor, or Person administering His Majesty's Government within the said Provinces respectively, within Fourteen Days after the sealing of such Instrument as aforesaid for summoning and calling together such Assembly, and that such Writs shall be directed to the respective Returning Officers of the said Districts, or Counties, or Circles, and Towns or Townships, 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 Legislative Council and Assembly of the Province, assented to by His Majesty, His Heirs or Successors; 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 of the Person chosen, or by his being summoned to the Legislative Council of either Province, and that such Writs shall be made returnable within Fifty Days at farthest front the Day on which they shall bear Date, unless it shall at any Time be otherwise provided by any Act of the Legislative Council and Assembly of the Province, assented to by His Majesty, His Heirs or Successors; and that in the 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 the same shall be made known to the proper Office for issuing such Writs of Election.

     XIX. And be it further enacted by the Authority aforesaid, That all and every the Returning Officers so appointed as aforesaid, to whom any such Writs as aforesaid shall be directed, shall, and they are hereby authorized and required duly to execute such Writs.

     XX. And be it further enacted by the Authority aforesaid, That the Members for the several Districts, or Counties, or Circles of the said Provinces respectively, shall be chosen by the Majority of Votes of such Persons as shall

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severally be possessed, for their own use and Benefit, of Lands or Tenements within such District, or County, or Circle, as the Case shall be, such Lands being by them held in Freehold, or in Fief, or in Roture, or by Certificate derived under the Authority of the Governor and Council of the Province of Quebec, and being of the yearly Value of Forty Shillings Sterling, or upwards, over and above all Rents and Charges payable out of or in respect of the same; and that the Members for the several Towns or Townships within the said Provinces respectively shall be chosen by the Majority of Votes of such Persons as either shall severally be possessed, for their own Use and Benefit of a Dwelling House and Lot of Ground in such Town or Township, such Dwelling House and Lot of Ground being by them held in like Manner as aforesaid, and being of the yearly value of Five Pounds Sterling, or upwards, or, as having been resident within the said Town or Township for the Space of Twelve Calendar Months next before the Date of the Writ of Summons for the Election, shall bona fide have paid One Year's Rent for the Dwelling House in which they shall have so resided, at the Rate of Ten pounds Sterling per Annum, or upwards.

     XXI. Provided always, and be it further enacted by the Authority aforesaid, That no Person shall be capable of being elected a Member to serve in either of the said Assemblies, or of sitting or voting therein, who shall be a Member of either of the said Legislative Councils to be established as aforesaid in the said Two Provinces, or who shall be a Minister of the Church of England, or a Minister, Priest, Ecclesiastic, or Teacher, either according to the Rites of the Church of Rome, or under any other Form or Profession of Religious Faith or Worship.

      XXII. Provided also, and be it further enacted by the Authority aforesaid, That no Person shall be capable of voting at any Election of a Member to serve in such Assembly, in either of the said Provinces, or of being elected at any such Election, who shall not be of the full Age of Twenty-one Years, and a natural-born Subject of His Majesty, or a Subject of His Majesty's naturalized by Act of the British Parliament, or a Subject of His Majesty, having become such by the Conquest and Cession of the Province of Canada.

     XXIII. And by it also enacted by the Authority aforesaid, That no Person shall be capable of voting at any Election of a Member to serve in such Assembly, in either of the said Provinces, or of being elected at any such Election who shall have been attainted for Treason or Felony in any Court of Law within any of His Majesty's Dominions, or who shall be within any Description of Persons disqualified by any Act of the Legislative Council and Assembly of the Province, assented to by His Majesty, His Council and Assembly of the Province, assented to by His Majesty, His Heirs or Successors.

     XXIV. Provided also, and be it further enacted by the Authority aforesaid, That every Voter, before he is admitted to give his Vote at any such Election, shall, if required by any of the Candidates, or by the Returning

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Officer, take the following Oath, which shall be administered in the English or French Language, as the Case may require:

    I, A.B., do declare and testify, in the Presence of Almighty God That 1 am, to the best of my Knowledge, and Belief, of the full Age of Twenty-one Years, and that I have not voted before at this Election.

    And that every such Person shall also, if so required as aforesaid, make Oath, previous to his being admitted to vote, that he is, to the best of his Knowledge and Belief, duly possessed of such Lands and Tenements, or of such a Dwelling House and Lot of Ground, or that he has bona fide been so resident, and paid such Rent for his Dwelling House, as entitles him, according to the Provisions of this Act, to give his Vote at such Election for the County, or District, or Circle, or for the Town or Township for which he shall offer the same.

     XXV. And be it further enacted by the Authority aforesaid, That it shall and may be lawful for His Majesty, His Heirs or Successors, to authorize the Governor or Lieutenant Governor, or Person administering the Government within each of the said Provinces respectively, to fix the Time and Place of holding such elections, giving not less than Eight days Notice of such Time, subject nevertheless to such Provisions as may hereafter by made in these Respects by any Act of the Legislative Council and Assembly of the Province, assented to by His Majesty, His Heirs or Successors.

     XXVI. And be it further enacted by the Authority aforesaid, That it shall be lawful for His Majesty, His Heirs or Successors, to authorize the Governor or Lieutenant Governor of each of the said Provinces respectively, or the Person administering the Government therein, to fix the Place and Times of holding the First and every other Session of the Legislative Council and Assembly of such Province, giving due and sufficient Notice thereof, and to prorogue the same from Time to Time and to dissolve the same, by Proclamation or otherwise, whenever he shall judge it necessary or expedient.

     XXVII. Provided always, and be it enacted by the Authority aforesaid, that the said Legislative Council and Assembly, in each of the said Provinces, shall be called together Once at least in every Twelve Calendar Months, and that every Assembly shall continue for Four Years from the Day of the Return of the Writs for chusing the same, and no longer, subject nevertheless to be sooner prorogued or dissolved by the Governor or Lieutenant Governor of the Province, or Person administering His Majesty's Government therein.

     XXVIII. And by it further enacted by the Authority aforesaid, That all Questions which shall arise in the said Legislative Councils or Assemblies respectively 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, as the Case shall be, shall have a casting Voice.

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     XXIX. Provided always, and be it enacted by the Authority aforesaid, that no Member, either of the Legislative Council or Assembly, in either of the said Provinces, shall be permitted to sit or to vote therein until he shall have taken and subscribed the following Oath, either before the Governor or Lieutenant Governor of such Province, or Person administering the Government therein, or before some Person or Persons authorized by the said Governor or Lieutenant Governor, or other Person as aforesaid, to administer such Oath, and that the same shall be administered in the English or French Language, as the Case shall require:

    I, A. B., do sincerely promise and swear That I will be faithful, and bear true Allegiance to His Majesty King George, as lawful Sovereign of the Kingdom of Great Britain, and of these Provinces dependant on and belonging to the said Kingdom; and that I will defend Him to the utmost of my Power against all traiterous Conspiracies and Attempts whatever which shall be made against His Person, Crown and Dignity; and that I will do my utmost Endeavour to disclose and make known to His Majesty, His Heirs or Successors, all Treasons and Traiterous Conspiracies and Attempts which I shall know to be against Him 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 Power whatever to the contrary.

So help me GOD.      

     XXX. And be it further enacted by the Authority aforesaid, That whenever any Bill which has been passed by the Legislative Council, and by the House of Assembly, in either of the said Provinces respectively, shall be presented, for His Majesty's Assent, to the Governor or Lieutenant Governor of such Province, or to the Person administering His Majesty's Government therein, such Governor or Lieutenant Governor, or Persons administering the Government, shall, and he is hereby authorized and required to declare, according to his Discretion, but subject nevertheless to the Provision contained in this Act, and to such Instructions as may from Time to Time be given in that Behalf by His Majesty, His Heirs or Successors, that he assents to such Bill in His Majesty's Name, or that he withholds His Majesty's Assent from such Bill, or that he reserved such Bill for the Signification of His Majesty's Pleasure thereon.

     XXXI. Provided always, and be it further enacting by the Authority aforesaid, That whenever any Bill, which shall have been so presented for His Majesty's Assent to such Governor, Lieutenant Governor, or Person administering the Government, shall, by such Governor, Lieutenant Governor, or Person administering the Government, have been assented to in His Majesty's Name, such Governor, Lieutenant Governor, or Person as aforesaid, shall and he is hereby required, by the first convenient Opportunity, to transmit to One of His Majesty's principal Secretaries of State an authentic Copy of such bill so assented to; and that it shall and may be lawful, at any Time with Two Years after such Bill shall have been so received by such Secretary

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of State, for His Majesty, His Heirs or Successors, by His or their Order in Council, to declare His or their Disallowance of such Bill, and that such Disallowance, together with a Certificate, under the Hand and Seal of such Secretary of State, testifying the Day on which such Bill was received as aforesaid, being signified by such Governor, Lieutenant Governor, or Person administering the Government, to the Legislative Council and Assembly of such Province, or by Proclamation, shall make void and annul the same, from and after the Date of such Signification.

     XXXII. And be it further enacted by the Authority aforesaid, That no such Bill, which shall be so reserved for the Signification of His Majesty's Pleasure thereon, shall have any Force or Authority within either of the said Provinces respectively, until the Governor or Lieutenant Governor, or Person administering the Government, shall signify, either by Speech or Message, to the Legislative Council and Assembly of such Province, or by Proclamation, that such Bill has been laid before His Majesty in Council, and that his 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 amongst the publick Records of the Province: And that no such Bill, which shall be so reserved as aforesaid, shall have any Force or Authority within either of the said Provinces respectively, unless His 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 His Majesty's Assent to the Governor, Lieutenant Governor, or Person administering the Government of such Province.

     XXXIII. And be it further enacted by the Authority aforesaid, That all Laws, Statutes, and Ordinances, which shall be in Force on the Day to be fixed in the Manner herein-after directed for the Commencement of this Act, within the said Provinces, or either of them, or in any Part thereof respectively, shall remain and continue to be of the sane Force, Authority, and Effect, in each of the said Provinces respectively, as if this Act had not been made, and as if the said Province of Quebec had not been divided; except in so far as the same are expressly repealed or varied by this Act, or in so far as the same shall or may hereafter, by virtue of and under the Authority of this Act, be repealed or varied by His Majesty, His Heirs or Successors, by and with the Advice and Consent of the Legislative Councils and Assemblies of the said Provinces respectively, or in so far as the same may be repealed or varied by such temporary Laws or Ordinances as may be made in the Manner herein-after specified.

     XXXIV. And whereas by an Ordinance passed in the Province of Quebec, the Governor and Council of the said Province were constituted a Court of Civil Jurisdiction, for hearing and determining Appeals in certain Cases therein specified, be it further enacted by the Authority aforesaid, That the Governor, or Lieutenant Governor, or Person administering the


[1927lab]


 

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