of Returning

Office of Returning Officer for any longer Term than One Year, or oftener than Term of Office once, unless it shall be at any Time otherwise provided by some Act or Acts of the Legislature of the Province of Canada.

Officer.

tion.

XXIV. And be it enacted, That Writs for the Election of Members to serve Writs of Elecin the Legislative Assembly of the Province of Canada shall be issued by the Governor of the said Province, within Fourteen Days after the sealing of such Instrument as aforesaid, for summoning and calling together such Legislative Assembly; and that such Writs shall be directed to the Returning Officers of the said Counties, Ridings, Cities and Towns respectively; 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 Legislature of the said Province; 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 or Resignation of the Person chosen, or by his being summoned to the Legislative Council of the said Province, or from any other legal Cause; 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 be at any time otherwise provided by any Act of the Legislature of the said Province; and that in any 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 Notice thereof shall have been delivered to or left at the Office of the proper Officer for issuing such Writs of Election.

tions.

XXV. And be it enacted, That it shall be lawful for the Governor of the Pro- Time and place vince of Canada for the Time being to fix the Time and Place of holding Elec- of holding Elections of Members to serve in the Legislative Assembly of the said Province, until otherwise provided for as herein-after is mentioned, giving not less than Eight Days Notice of such Time and Place.

XXVI. And be it enacted, That it shall be lawful for the Legislature of the Power to alter System of ReProvince of Canada, by any Act or Acts to be hereafter passed, to alter the Divipresentation. sions and Extent of the several Counties, Ridings, Cities, and Towns which shall be represented in the Legislative Assembly of the Province of Canada, and to establish new and other Divisions of the same, and to alter the Apportionment of Representatives to be chosen by the said Counties, Ridings, Cities, and Towns respectively, and make a new and different Apportionment of the Number of Representatives to be chosen in and for those Parts of the Province of Canada which now constitute the said Provinces of Upper and Lower Canada respectively, and in and for the several Districts, Counties, Ridings, and Towns in the same, and

to

Proviso.

The present

of the Two

Provinces to apply until altered.

to alter and regulate the Appointment of Returning Officers in and for the same, and make Provision, in such Manner as they may deem expedient, for the issuing and Return of Writs for the Election of Members to serve in the said Legislative Assembly, and the Time and Place of holding such Elections: Provided always, 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 Legislative Council and the Legislative Assembly shall have been passed with the Concurrence of Two Thirds of the Members for the Time being of the said Legislative Council, and of Two Thirds of the Members for the time being of the said Legislative Assembly respectively, and 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.

XXVII. And be it enacted, That until Provisions shall otherwise be made by Election Laws an Act or Acts of the Legislature of the Province of Canada all the Laws which at the Time of the passing of this Act are in force in the Province of Upper Canada, and all the Laws which at the Time of the passing of the said Act of Parlia1 & 2 Vict. c. 9. ment, intituled An Act to make temporary Provision for the Government of Lower Canada, were in force in the Province of Lower Canada, relating to the Qualification and Disqualification of any Person to be elected or to sit or vote as a Member of the Assembly in the said Provinces respectively, (except those which require a Qualification of Property in Candidates for Election, for which Provision is herein-after made,) and relating to the Qualification and Disqualification of Voters at the Election of Members to serve in the Assemblies of the said Provinces respectively, and to the Oaths to be taken by any such Voters, and to the Powers and Duties of Returning Officers, and the Proceedings at such Elections, and the Period during which such Elections may be lawfully continued, and relating to the Trial of controverted Elections, and the Proceedings incident thereto, and to the vacating of Seats of Members, and the issuing and Execution of new Writs in case of any Seat being vacated otherwise than by a Dissolution of the Assembly, shall respectively be applied to Elections of Members to serve in the Legislative Assembly of the Province of Canada for Places situated in those Parts of the Province of Canada for which such Laws were passed.

Qualification of Members.

XXVIII. And be it enacted, That no Person shall be capable of being elected a Member of the Legislative Assembly of the Province of Canada who shall not be legally or equitably seised as of Free-hold, for his own Use and Benefit, of Lands or Tenements held in Free and Common Socage, or seised or possessed,

for

for his own Use and Benefit, of Lands or Tenements held in Fief or in Roture, within the said Province of Canada, of the Value of Five hundred Pounds of Sterling Money of Great Britain, over and above all Rents, Charges, Mortgages, and Incumbrances charged upon and due and payable out of or affecting the same; and that every Candidate at such Election, before he shall be capable of being elected, shall, if required by any other Candidate, or by any Elector, or by the Returning - Officer, make the following declaration :

‘I, A. B., do declare and testify, That I am duly seised at Law or in Equity as ' of Freehold, for my own Use and Benefit, of Lands or Tenements held in Free and Common Socage [or duly seised or possessed, for my own Use and Benefit, of 'Lands or Tenements held in Fief or in Roture (as the case may be),] in the Pro'vince of Canada, of the Value of Five hundred Pounds of Sterling Money of 'Great Britain, over and above all Rents, Mortgages, Charges, and Incumbrances 'charged upon or due and payable out of or affecting the same; and that I have 'not collusively or colourably obtained a Title to or become possessed of the said 'Lands and Tenements, or any Part thereof, for the Purpose of qualifying or en'abling me to be returned a Member of the Legislative Assembly of the Province ' of Canada.'

Declaration of
Election

Candidates for

tion liable to

XXIX. And be it enacted, That if any Person shall knowingly and wilfully Persons making make a false Declaration respecting his Qualification as a Candidate at any Elec- false Declaration as aforesaid, such Person shall be deemed to be guilty of a Misdemeanor, and the Penalties of being thereof lawfully convicted shall suffer the like Pains and Penalties as by Law Perjury. are incurred by Persons guilty of wilful and corrupt Perjury in the Place in which such false Declaration shall have been made.

Place & Times

XXX. And be it enacted, That it shall be lawful for the Governor of the Province of Canada for the Time being to fix such Place or Places within any Part of of holding Parthe Province of Canada, and such Times for holding the First and every other liament. Session of the Legislative Council and Assembly of the said Province as he may think fit, such Times and Places to be afterwards changed or varied as the Governor may judge advisable and most consistent with general Convenience and the Public Welfare, giving sufficient Notice thereof; and also to prorogue the said Legislative Council and Assembly from Time to Time, and dissolve the same, by Proclamation or otherwise, whenever he shall deem it expedient.

Parliament.

XXXI. And be it enacted, That there shall be a Session of the Legislative Duration of Council and Assembly of the Province of Canada once at least in every Year, so that a period of Twelve Calendar Months shall not intervene between the last Sitting of the Legislative Council and Assembly in One Session and the First Sitting

of

First calling

together of the Legislature.

Election of the
Speaker.

Quorum.

Division.

Casting Vote.

No Member to sit or vote until

he has taken the following Oath of Allegiance.

Oath of Allegi

ance.

of the Legislative Council and Assembly in the next Session; and that every Legislative Assembly of the said Province hereafter to be summoned and chosen shall continue for Four 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 Governor of the said Province.

XXXII. And be it enacted, That the Legislative Council and Assembly of the Province of Canada shall be called together for the First Time at some Period not later than Six Calendar Months after the time at which the Provinces of Upper and Lower Canada shall become re-united as aforesaid.

XXXIII. And be it enacted, That the Members of the Legislative Assembly of the Province of Canada shall, upon the First Assembling after every General Election, proceed forthwith to elect One of their Number to be Speaker; and in case of his Death, Resignation, or Removal by a Vote of the said Legislative Assembly, the said Members shall forthwith proceed to elect another of such Members to be such Speaker; and the Speaker so elected shall preside at all Meetings of the said Legislative Assembly.

XXXIV. And be it enacted, That the Presence of at least Twenty Members of the Legislative Assembly of the Province of Canada, including the Speaker, shall be necessary to constitute a Meeting of the said Legislative Assembly for the Exercise of its Powers; and that all Questions which shall arise in the said Assembly shall be decided by the Majority of Voices of such Members as shall be present, other than the Speaker, and when the Voices shall be equal the Speaker shall have the casting Voice.

XXXV. And be it enacted, That no Member, either of the Legislative Council or of the Legislative Assembly of the Province of Canada, shall be permitted to sit or vote therein until he shall have taken and subscribed the following Oath before the Governor of the said Province, or before some Person or Persons authorized by such Governor to administer such oath :

'I, A. B., do sincerely promise and swear, That I will be faithful and bear true Allegiance to Her Majesty Queen Victoria, as lawful Sovereign of the United Kingdom of Great Britain and Ireland, and of this Province of Canada, depen'dent on and belonging to the said United Kingdom; and that I will defend Her to 'the utmost of my Power against all traitorous Conspiracies and Attempts what'ever which shall be made against Her Person, Crown, and Dignity; and that I ' will do my utmost endeavour to disclose and make known to Her Majesty, Her 'Heirs and Successors, all Treasons and Traitorous Conspiracies and Attempts

' which I shall know to be against Her 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 Persons whatever to the contrary. So help me GOD).'

instead of Oath

XXXVI. And be it enacted, That every Person authorized by Law to make Affirmation an Affirmation instead of taking an Oath may make such Affirmation in every case in which an oath is hereinbefore required to be taken.

holding Assent

XXXVII. And be it enacted, That whenever any Bill which has been passed Giving or withby the Legislative Council and Assembly of the Province of Canada shall be presented for Her Majesty's Assent to the Governor of the said Province, such Governor shall declare, according to his discretion, but subject nevertheless to the Provisions contained in this Act, and to such Instructions as may from time to time be given in that Behalf by Her Majesty, Her Heirs or Successors, that he assents to such Bill in Her Majesty's Name, or that he withholds Her Majesty's Assent, or that he reserves such Bill for the Signification of Her Majesty's Pleasure thereon.

of Bills assent

ed to.

XXXVIII. And be it enacted, That whenever any Bill which shall have been Disallowanee presented for Her Majesty's Assent to the Governor of the said Province of Canada, shall by such Governor have been assented to in Her Majesty's Name, such Governor shall, by the first convenient Opportunity, transmit to one of Her Majesty's Principal Secretaries of State an authentic Copy of Such Bill so assented to; and that it shall be lawful, at any Time within Two Years after such Bill shall have been so received by such Secretary of State, for Her Majesty, by Order in Council, to declare Her Disallowance of such Bill; and that such Disallowance, together with a Certificate under the Hand and Seal of such Secretary of State, certifying the Day on which such Bill was received as aforesaid, being signified by such Governor to the Legislative Council and Assembly of Canada, by Speech or Message to the Legislative Council and Assembly of the said Province, or by Proclamation, shall make void and annul the same from and after the Day of such Signification.

XXXIX. And be it enacted, That no Bill which shall be reserved for the Sig- Assent to Billa nification of Her Majesty's Pleasure thereon shall have any Force or Authority reserved. within the Province of Canada until the Governor of the said Province shall signify, either by Speech or Message to the Legislative Council and Assembly of the said Province, or by Proclamation, that such Bill has been laid before Her Majesty in Council, and that Her Majesty has been pleased to assent to the same;

and