the Executive

alone.

by the said Act passed in the Thirty-first Year of the Reign of His late Majesty exercised by King George the Third, or by any other Act of Parliament, or by any Act of the Governor with Legislature of the Provinces of Upper and Lower Canada respectively, are vested Council or 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 Existing Laws the Time of the Union of the Provinces of Upper Canada and Lower Canada saved. 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had not been made, and as if the said Two Provinces had not been united as aforesaid, except in so far as the same are repealed or varied by this Act, or in so far as the same shall or may hereafter, by virtue and under the Authority of this Act, be repealed or varied by any Act or Acts of the Legislature of the Province of Canada.

sions, Officers,

XLVII. And be it enacted, That all the Courts of Civil and Criminal Jurisdic- Courts of Justion within the Provinces of Upper and Lower Canada at the Time of the Union tice, Commisof the said Provinces, and all legal Commissions, Powers, and Authorities, and all &c. 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 re-united as aforesaid.

XLVIII.

Provision

respecting temporary

Acts.

Repeal of part of 3 G. 4 c.

119.

the Two Pro

XLVIII. And whereas the Legislatures of the said Provinces of Upper and Lower Canada have from Time to Time passed Enactments, which Enactments 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 Re-union 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 or any of them, shall be repealed.

L. And be it enacted, That upon the Union of the Provinces of Upper and Revenues of Lover Canada all Duties and Revenues over which the respective Legislatures vinces to form of the said Provinces before and at the Time of the passing of this Act had and & Consolidated have Power of Appropriation shall form one Consolidated Revenue Fund, to be of the Province appropriated for the Public Service of the Province of Canada, in the Manner and subject to the Charges hereinafter mentioned.

Revenue Fund

of Canada.

Consolidated

with Expense

LI. And be it enacted, That the said Consolidated Revenue Fund of the ProRevenue Fund vince of Canada shall be permanently charged with all the Costs, Charges, and to be charged Expenses incident to the Collection, Management, and Receipt thereof, such of Collection Costs, Charges, and Expenses being subject nevertheless to be reviewed and and Manage audited in such Manner as shall be directed by any Act of the Legislature of the Province of Canada.

ment.

£45,000 10 be granted per

LII. And be it enacted, That out of the Consolidated Revenue Fund of the Promanently, for vince of Canada, there shall be payable in every year to Her Majesty, Her Heirs the services in and Successors, the sum of Forty-five thousand pounds, for defraying the expense Schedule A. of the several services and purposes named in the Schedule marked A. to this Act

annexed:

for the Life of and Five Years following, for

Her Majesty

those in Sche

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 Expense of the several Services and Purposes dule B. 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 Forty-five thousand Pounds and Thirty thousand Pounds hereinbefore 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 Fortyfive 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.

How the Appropriation of Sums granted may be varied.

the Crown.

LIV. And be it enacted, That during the Time for which the said several Sums Surrender of of Forty-five thousand Pounds and Thirty thousand Pounds are severally payable Hereditary the same shall be accepted and taken by Her Majesty by way of Civil List, instead Revenues of 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

Charges already created

vince.

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 in either Pro- 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.

The Order of Charges on the Consolidated Fund to be :1st. Expense

the Debt;

4th. and 5th. Civil List;

LVI. And be it enacted, That the Expenses 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 Upof Collection; per and Lower Canada, or of either of them, at the time of the Re-union of the 2d. Interest of said Provinces, shall form the Second Charge thereon; and that the Payments to 3d. Payments be made to the Clergy of the United Church of England and Ireland, and to to the Clergy; 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 said 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 hereinbefore reserved shall form the Sixth Charge thereon, so long as such Charges shall continue to be payable.

6th. Other Charges already made

on the Public Revenue.

Subject to the above Charges, the Consolidated

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 Revenue Fund 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

to be appropriated by the Provincial Legislature by Bills originat ing in the House of Assembly for Ob

or

mended by the Governor.

or Impost, to any purpose which shall not have been first recommended by a Mes- jects recomsage of the Governor to the said Legislative Assembly during the Session in which such Vote, Resolution, or Bill shall be passed.

be constituted.

LVIII. And be it enacted, That it shall be lawful for the Governor, by an In- Townships to strument 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.

Powers of Governor to be subject to In

exercised

structions of Her Majesty.

Magdalen

Islands may

be annexed to the Island of

Prince Ed

ward

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 making more effectual Provision for the Government of the Province of Quebec in North Ameri- 14 G. 3. c. 83 ca, 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 Interpretation the Words" Act of the Legislature of the Province of Canada" are to be under- Clause. stood 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