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Constitution Act 1791
The Constitutional Act, 1791
An Act to repeal
certain Parts of an Act, passed in the fourteenth Year
of his Majesty's Reign, intituled, An Act for making
more effectual Provision for the Government of the
Province of Quebec, in North America; and to make
further Provision for the Government of the said
Province
31 Geo. III, c. 31 (U.K.)
"WHEREAS an Act was
passed in the fourteenth Year of the Reign of his
present Majesty, intituled, An Act for making more
effectual Provision for the Government of the Province
of Quebec in North America: And whereas the said Act is
in many Respects inapplicable to the present Condition
and Circumstances of the said Province: And whereas it
is expedient and necessary that further Provision should
now be made for the good Government and Prosperity
thereof;" May it therefore please your most Excellent
Majesty that it may be enacted; and be it enacted by the
King'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, That so much of the said Act
as in any Manner relates to the Appointment of a Council
for the Affairs of the said Province of Quebec, or to
the Power given by the said Act to the said Council, or
to the major Part of them, to make Ordinances for the
Peace, Welfare, and good Government of the said
Province, with the Consent of his Majesty's Governor,
Lieutenant Governor, or Commander in Chief for the Time
being, shall be, and the same is hereby repealed.
"II. And whereas his
Majesty has been pleased to signify, by his Message to
both Houses of Parliament, his royal Intention to divide
his Province of Quebec into two separate Provinces, to
be called The Province of Upper Canada, and The Province
of Lower Canada;" be it enacted by the Authority
aforesaid, That there shall be within each of the said
Provinces respectively a Legislative Council, and an
Assembly to be severally composed and constituted in the
Manner hereinafter described; and that in each of the
said Provinces respectively his Majesty, his Heirs or
Successors, shall have Power, during the Continuance of
this Act, by and with the Advice and Consent of the
Legislative Council and Assembly of such Provinces
respectively, to make Laws for the Peace, Welfare, and
good Government thereof such Laws not being repugnant to
this Act; and that all such Laws, being passed by the
Legislative Council and Assembly of either of the said
Provinces respectively, and assented to by his Majesty,
his Heirs or Successors, or assented to in his Majesty
's Name, by such Person as his Majesty, his Heirs or
Successors, shall from Time to Time appoint to be the
Governor, or Lieutenant Governor, of such Province, or
by such Person as his Majesty, his Heirs and Successors,
shall from Time to Time appoint to administer the
Government within the same, shall be, and the same are
hereby declared to be, by virtue of and under the
Authority of this Act, valid and binding to all Intents
and Purposes whatever, within the Province in which the
same shall have been so passed.
III. And be it further
enacted by the Authority aforesaid, That for the Purpose
of constituting such Legislative Council as aforesaid in
each of the said Provinces respectively, it shall and
may be lawful for his Majesty, his Heirs and Successors,
by an Instrument under his or their Sign Manual, to
authorize and direct the Governor or Lieutenant
Governor, or Person administering the Government in each
of the said Provinces respectively, within the Time
hereinafter mentioned, in his Majesty's Name, and by an
Instrument under the Great Seal of such Province, to
summon to the said Legislative Council, to be
established in each of the said Provinces respectively,
a sufficient Number of discreet and proper Persons,
being not fewer than seven to the Legislative Council
for the Province of Upper Canada, and not fewer than
fifteen to the Legislative Council for the Province of
Lower Canada; and that it shall also be lawful for his
Majesty, his Heirs or Successors, from Time to Time, by
an Instrument under his or their Sign Manual, to
authorize and direct the Governor or Lieutenant
Governor, or Person administering the Government in each
of the said Provinces respectively, to summon to the
Legislative Council of such Province, in like Manner,
such other Person or Persons as his Majesty, his Heirs
or Successors, shall think fit; and that every Person
who shall be so summoned to the Legislative Council of
either of the said Provinces respectively, shall thereby
become a Member of such Legislative Council to which he
shall have been so summoned.
IV. Provided always,
and be it enacted by the Authority aforesaid, That no
Person shall be summoned to the said Legislative
Council, in either of the said Provinces, who shall not
be of the full Age of twenty-one Years, and a
naturalborn Subject of his Majesty, or a Subject of his
Majesty 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.
V. And be it further
enacted by the Authority aforesaid, That every Member of
each of the said Legislative Councils shall hold his
Seat therein for the Term of His Life, but subject
nevertheless to the Provisions thereinafter contained
for vacating the same, in the Cases hereinafter
specified
VI. And be it further
enacted by the Authority aforesaid, That whenever his
Majesty, his Heirs or Successors, shall think proper to
confer upon any Subject of the Crown of Great Britain,
by Letters Patent under the Great Seal of either of the
said Provinces, any hereditary Title of Honour, Rank, or
Dignity of such Province, descendible according to any
Course of Descent limited in such Letters Patent, it
shall and may be lawful for his Majesty, his Heirs or
Successors, to annex thereto, by the said Letters
Patent, if his Majesty, his Heirs or Successors, shall
so think fit, an hereditary Right of being summoned to
the Legislative Council of such Province, descendible
according to the Course of Descent so limited with
respect to such Title, Rank, or Dignity; and that every
Person on whom such Right shall be so conferred, or to
whom such Right shall severally so descend, shall
thereupon be entitled to demand from the Governor,
Lieutenant Governor, or Person administering the
Government of such Province, his Writ of Summons to such
Legislative Council, at any Time after shall have
attained the Age of twentyone Years, subject
nevertheless to the Provisions herein-after contained.
VII. Provided always,
and be it further enacted by the Authority aforesaid
That when and so often as any Person to whom such
hereditary Right shall have descended shall, without the
Permission of his Majesty, his Heirs or Successors,
signified to the Legislative Council of the Province by
the Governor, Lieutenant Governor, or Person
administering the Government there, have been absent
from the said Province for the Space of four Years
continually, at any Time between the Date of his
succeeding to such Right and the Time of his applying
for such Writ of Summons, if he shall have been of the
Age of twentyone Years or upwards at the Time of his so
succeeding, or at any Time between the Date of his
attaining the said Age and the Time of his so applying,
if he shall not have been of the said Age at the Time of
his so succeeding; and also when and so often as any
such Person shall at any Time, before his applying for
such Writ of Summons, have taken any Oath of Allegiance
or Obedience to any Foreign Prince or Power, in every
such Case such Person shall not be entitled to receive
any Writ of Summons to the Legislative Council by virtue
of such hereditary Right, unless his Majesty, his Heirs
or Successors, shall at any Time think fit, by
Instrument under his or their Sign Manual, to direct
that such Person shall be summoned to the said Council;
and the Governor, Lieutenant Governor, or Person
administering the Government in the said Provinces
respectively, is hereby authorized and required,
previous to granting such Writ of Summons to any Person
so applying for the same, to interrogate such Person
upon Oath touching the said several Particulars, before
Such Executive Council as shall have been appointed by
his Majesty, his Heirs or Successors, within such
Province, for the affairs thereof.
VIII. Provided also,
and be it further enacted by the Authority aforesaid,
that if any Member of the Legislative Councils of either
of the said Provinces respectively shall leave such
Province, and shall reside out of the same for the Space
of four Years continually, without the Permission of his
Majesty, his Heirs or Successors, signified to such
Legislative Council by the Governor or Lieutenant
Governor, or Person administering his Majesty 's
Government there, or for the Space of two Years
continually, without the like Permission, or the
Permission of the Governor, Lieutenant Governor, or
Person administering the Government of such Province,
signified to such Legislative Council in the Manner
aforesaid; or if any such Member shall take any Oath of
Allegiance or Obedience to any foreign Prince or Power;
his Seat in such Council shall thereby become vacant.
IX. Provided also, and
be it further enacted by the Authority aforesaid, That
in every Case where a Writ of Summons to such
Legislative Council shall have been lawfully withheld
from any person to whom such hereditary Right as
aforesaid shall have descended, by Reason of such
Absence from the Province as aforesaid, or of his having
taken an Oath of Allegiance or Obedience to any foreign
Prince or Power, and also in every Case where the Seat
in such Council of any Member thereof, having such
hereditary Right as aforesaid, shall have been vacated
by Reason of any of the Causes hereinbefore specified,
such hereditary Right shall remain suspended during the
Life of such Person, unless his Majesty, his Heir or
Successors, shall afterwards think fit to direct that he
be summoned to such Council; but that on the Death of
such Person such Right, subject to the Provisions herein
contained, shall descend to the Person who shall next be
entitled thereto, according to the Course of Descent
limited by the Letters Patent by which the same shall
have been originally conferred.
X. Provided also, and
be it further enacted by the Authority aforesaid, That
if any Member of either of the said Legislative Councils
shall be attained for Treason in any Court of Law within
any of his Majesty's Dominions, his Seat in such Council
shall thereby become vacant, and any such hereditary
Right as aforesaid then vested in such Person, or to be
derived to ally other Persons through him, shall be
utterly forfeited and extinguished.
XI. Provided also, and
be it further enacted by the Authority aforesaid That
whenever any Question shall arise respecting the Right
of any Person to be summoned to either of the said
Legislative Councils respectively, or respecting the
Vacancy of the Seat in such Legislative Council of any
Person having been summoned thereto, every such Question
shall, by the Governor, Lieutenant Governor of the
Province, or by the Person administering the Government
there, be referred to such Legislative Council, to be by
the said Council heard and determined; and that it shall
and may be lawful either for the Person desiring such
Writ of Summons or respecting whose Seat such Question
shall have arisen, or for his Majesty's Attorney General
of such Province in his Majesty's Name, to appeal from
the Determination of the said Council, in such Case, to
his Majesty in his Parliament of Great Britain: and that
the Judgment there all of his Majesty in his said
Parliament shall be final and conclusive to all Intents
and Purposes whatever.
XII. And be it further
enacted by the Authority aforesaid, That the Governor,
or Lieutenant Governor of the said Provinces
respectively, or the Person administering his Majesty's
Government therein respectively, shall have Power and
Authority, from Time to Time, by an Instrument under the
Great Seal of such Province, to constitute, appoint, and
remove the Speakers of the Legislative Councils of such
Provinces respectively.
XIII. And be it
further enacted by the Authority aforesaid, That, for
the Purpose of constituting such Assembly as aforesaid,
in each of the said Provinces respectively, it shall and
may be lawful for his Majesty, his Heirs or Successors,
by an Instrument under his or their Sign Manual, to
authorize and direct the Governor or Lieutenant
Governor, or Person administering the Government in each
of the said Provinces respectively, within the Time
hereinafter mentioned, and thereafter from Time to
Time, as Occasion shall require, in his Majesty's Name,
and by an Instrument under the Great Seal of such
Province, to summon and call together an Assembly in and
for such Province.
XIV. And be it further
enacted by the Authority aforesaid, That, for the
Purpose of electing the Members of such Assemblies
respectively, it shall and may be lawful for his
Majesty, his Heirs or Successors, by an Instrument under
his or their Sign Manual, to authorize the Governor, or
Lieutenant Governor, of each of the said Provinces
respectively, or the Person administering the Government
therein, within the Time hereinafter mentioned, to
issue a Proclamation dividing such Province into
Districts, or Counties, or Circles, and Towns or
Townships, and appointing the Limits thereof, and
declaring and appointing the Number of Representatives
to be chosen by each of such Districts, or Counties, or
Circles, and Towns or Townships respectively; and that
it shall also be lawful for his Majesty, His Heirs or
Successors, to authorize such Governor, or Lieutenant
Governor, or Person administering the Government, from
Time to Time, to nominate and appoint proper Persons to
execute the Office of Returning Officer in each of the
said Districts, or Counties, or Circles, and Towns or
Townships respectively; and that such Division of the
said Provinces into Districts, or Counties, or Circles,
and Towns or Townships, and such Declaration and
Appointment of the Number of Representatives to be
chosen by each of the said Districts, or Counties, or
Circles, and Towns or Townships respectively, and also
such Nomination and Appointment of Returning Officers in
the same, shall be valid and effectual to all the
Purposes of this Act, 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.
XV. Provided
nevertheless, and be it further enacted by the Authority
aforesaid, That the Provision hereinbefore contained,
for impowering the Governor, Lieutenant Governor, or
Person administering the Government of the said
Provinces respectively, under such Authority as
aforesaid from his Majesty, his Heirs or Successors,
from Time to Time, to nominate and appoint proper
Persons to execute the Office of Returning Officer in
the said Districts, Counties, Circles, and Towns or
Townships, shall remain and continue in force in each of
the said Provinces respectively, for the Term of two
Years, from and after the Commencement of this Act,
within such Province, and no 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 and 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 is 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 the
whole Number of Member s 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 Colonies, 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 my his being summoned
to the Legislative Council of either Province, 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 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 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 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 naturalborn Subject of his
Majesty, or a Subject of His Majesty 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 be 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 qualified by any Act
of the Legislative 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 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 I am, to
the best of my Knowledge and Belief, of the full Age of
twentyone Years, and that I have nor voted before at
this Election."
And that every such
person shall also, if so required a s 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 be 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 he 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, of each of the said Provinces respectively, or
the Person administering the Government therein, to fix
the Places and Times of holding the first and every
other Session of the Legislative Council and Assembly of
such Province, giving due and sufficient Notice thereto;
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
the 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 causing the same, and
no longer, subject nevertheless to be sooner prorogued
and dissolved by the Governor or Lieutenant Governor of
the Province, or Person administering his Majesty's
Government therein.
XXVIII. And be 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
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 hear
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 traitorous 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 traitorous 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 preser1ted, for his
Majesty 's Assent, to the Coven1or or Lieutenant
Governor of such Province, or to the Person
administering his Majesty's Government therein, such
Governor, or Lieutenant Governor, or Person
administering the Government, shall, and he is hereby
authorized and required to 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 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 reserves such Bill for
the Signification of his Majesty's Pleasure thereon
XXXI. Provided always,
and be it further enacted 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 within two years after such Bill
shall have been so received by such Secretary 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 Goven1or,
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 hereinafter
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 same 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 Québec 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 hereinafter
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 Government of each of the said
Provinces respectively, together with such Executive
Council as shall be appointed by his Majesty for the
Affairs of such Province, shall be a Court of Civil
Jurisdiction within each of the said Provinces
respectively, for hearing and determining Appeals within
the same, in the like Cases, and in the like Manner and
Form, and subject to such Appeal therefrom, as such
Appeals might before the passing of this Act have been
heard and determined by the Governor and Council of the
Province of Quebec; but subject nevertheless to such
further or other Provisions as may be made in this
Behalf, by any Act of the Legislative Council and
Assembly of either of the said Provinces respectively,
assented to by his Majesty, his Heirs or Successors.
"XXXV. And whereas, by
the abovementioned Act, passed in the fourteenth Year
of the Reign of his present Majesty, it was declared,
That the Clergy of the Church of Rome, in the Province
of Quebec, might hold, receive, and enjoy, their
accustomed Dues and Rights, with respect to such Persons
only as should profess the said Religion; provided
nevertheless, that it should be lawful for his Majesty,
his Heirs or Successors, to make such Provision out of
the rest of the said accustomed Dues and Rights, for the
Encouragement of the Protestant Religion, and for the
Maintenance and Support of a Protestant Clergy within
the said Province, as he or they should from Time to
Time think necessary and expedient: And whereas by his
Majesty's Royal Instructions, given under his Majesty's
Royal Sign Manual on the third Day of January, in the
Year of our Lord one thousand seven hundred and
seventyfive, to Guy Carleton, Esquire, now Lord
Dorchester, at that Time his Majesty's Captain General
and Governor in Chief in and over his Majesty's Province
of Quebec, his Majesty was pleased, amongst other
Things, to direct, 'That no Incumbent professing the
Religion of the Church of Rome, appointed to any Parish
in the said Province, should be entitled to receive any
Tythes for Lands or Possessions occupied by a
Protestant, but that such Tythes should be received by
such Persons as the said Guy Carleton, Esquire, his
Majesty's Captain General and Governor in Chief in and
over his Majesty's said Province of Quebec, should
appoint, and should be reserved in the Hands of his
Majesty's Receiver General of the said Province, for the
Support of a Protestant Clergy in his Majesty's said
Province, to be actually resident within the same, and
not otherwise, according to such Directions as the said
Guy Carleton, Esquire, his Majesty's Captain General and
Governor in Chief in and over his Majesty's said
Province, should receive from his Majesty in that
Behalf; and that in like Manner all growing Rents and
Profits of a vacant Benefice should, during such
Vacancy, be reserved for and applied to the like Uses:'
And whereas his Majesty's Pleasure has likewise been
signaled to the same Effect in his Majesty's Royal
Instructions, given in like Manner to Sir Frederick
Haldimand, Knight of the Most Honourable Order of the
Bath, late his Majesty's Captain General and Governor in
Chief in and over his Majesty's said Province of Quebec,
and also in his Majesty's Royal Instructions, given in
like Manner to the said Right Honourable Guy Lord
Dorchester, now his Majesty's Captain General and
Governor in Chief in and over his Majesty's said
Province of Quebec;" be it enacted by the Authority
aforesaid, That the said Declaration and Provision
contained in the said abovementioned Act, and also the
said Provision so made by his Majesty in consequence
thereof, by his Instructions above recited, shall remain
and continue to be of full Force and Effect in each of
the said two Provinces of Upper Canada and Lower Canada
respectively, except in so far as the said Declaration
or provisions respectively, or any Part thereof, shall
be expressly varied or repealed by any Act or Acts which
may be passed by the Legislative Council and Assembly of
the said Provinces respectively, and assented to by his
Majesty, his Heirs or Successors under the Restriction
hereinafter provided.
"XXXVI. And whereas
his Majesty has been graciously pleased, by Message to
both Houses of Parliament, to express his Royal Desire
to be enabled to make a permanent Appropriation of Lands
in the said Provinces, for the Support and Maintenance
of a Protestant Clergy within the same, in Proportion to
such Lands as have been already granted within the same
by his Majesty: And whereas his Majesty has been
graciously pleased, by his said Message, further to
signify his Royal Desire that such Provision may be
made, with respect to all future Grants of Land within
the said Provinces respectively, as may best conduce to
the due and sufficient Support and Maintenance of a
Protestant Clergy within the said Provinces, in
Proportion to such Increase as may happen in the
Population and Cultivation thereof:" Therefore, for the
Purpose of more effectually fulfilling his Majesty's
gracious Intentions as aforesaid, and of providing for
the due Execution of the same in all Time to come, be it
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 of each
of the said Provinces respectively, or the Person
administering the Government therein, to make, from and
out of the Lands of the Crown within such Provinces,
such Allotment and Appropriation of Lands, for the
Support and Maintenance of a Protestant Clergy within
the same, as may bear a due Proportion to the Amount of
such Lands within the same as have at any Time been
granted by or under the Authority of his Majesty; and
that whenever any Grant of Lands within either of the
said Provinces shall hereafter be made, by or under the
Authority of his Majesty, his Heirs or Successors, there
shall at the same Time be made, in respect of the same,
a proportionable Allotment and Appropriation of Lands
for the abovementioned Purpose, within the Township or
Parish to which such Lands so to be granted shall
appertain or be annexed, or as nearly adjacent thereto
as Circumstances will admit; and that no such Grant
shall be valid or effectual unless the same shall
contain a Specification of the Lands so allotted and
appropriated, in respect of the Lands to be thereby
granted; and that such Lands, so allotted and
appropriated, shall be, as nearly as the Circumstances
and Nature of the Case will admit, of the Like Quality
as the Lands in respect of which the same are so
allotted and appropriated, and shall be, as nearly as
the same can he estimated at the Time Or making such
Grant, equal in Value to the seventh Part of the Lands
so granted.
XXXVII. And be it
further enacted by the Authority aforesaid, That all and
every the Rents, Profits, or Emoluments, which may at
any Time arise from such Lands so allotted and
appropriated as aforesaid, shall be applicable solely to
the Maintenance and Support of a Protestant Clergy
within the Province in which the same shall be situated,
and to no other Use or Purpose whatever.
XXXVIII. 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 of each of the said Provinces respectively, or
the Person administering the Government therein, from
Time to Time, with the Advice of such Executive Council
as shall have been appointed by his Majesty, his Heirs
or Successors, within such Province, for the Affairs
thereof, to constitute and erect, within every Township
or Parish which now is or hereafter may be formed,
constituted, or erected within such Province, one or
more Parsonage or Rectory, or Parsonages or Rectories,
according to the Establishment of the Church of England;
and, from Time to Time, by an Instrument under the Great
Seal of such Province, to endow every such Parsonage or
Rectory with so much or such Part of the Lands so
allotted and appropriated as aforesaid, in respect of
any Lands within such Township or Parish, which shall
have been granted subsequent to the Commencement of this
Act, or of such Lands as may have been allotted and
appropriated for the same Purpose, by or in virtue of
any Instrument which may be given by his Majesty, in
respect of any Lands granted by his Majesty before the
Commencement of this Act, as such Governor, Lieutenant
Governor, or Person administering the Government, shall,
with the Advice of the said Executive Council, judge to
be expedient under the then existing Circumstances of
such Township or Parish
XXXIX. And be it
further enacted by the Authority aforesaid, That it
shall and may be lawful for his Majesty, his Heirs and
Successors, to authorize the Governor, Lieutenant
Governor, or Person administering the Government of each
of the said Provinces respectively, to present to every
such Parsonage or Rectory an Incumbent or Minister of
the Church of England, who shall have been duly ordained
according to the rites of the said Church, and to supply
from Time to Time such Vacancies as may happen therein;
and that every Person so presented to any such Parsonage
or Rectory, shall hold and enjoy the same, and all
Rights, Profits, and Emoluments thereunto belonging or
granted, as fully and amply, and in the same Manner, and
on the same Terms and Conditions, and liable to the
Performance of the same Duties, as the Incumbent of a
Parsonage or Rectory in England.
XL. Provided always,
and be it further enacted by the Authority aforesaid,
That every such Presentation of an Incumbent or Minister
to any such Parsonage or Rectory, and also the Enjoyment
of any such Parsonage or Rectory, and of the Rights,
Profits, and Emoluments thereof, by any such Incumbent
or Minister, shall be subject and liable to all Rights
of Institution, and all other Spiritual and
Ecclesiastical Jurisdiction and Authority, which have
been lawfully granted by his Majesty's Royal Letters
Patent to the Bishop of Nova Scotia, or which may
hereafter, by his Majesty's Royal Authority, be lawfully
granted or appointed to be administered and executed
within the said Provinces, or either of them
respectively, by the said Bishop of Nova Scotia, or by
any other Person or Persons, according to the Laws and
Canons of the Church of England, which are lawfully made
and received in England.
XLI. Provided always,
and be it further enacted by the Authority aforesaid,
That the several Provisions hereinbefore contained,
respecting the Allotment and Appropriation of Lands for
the Support of a Protestant Clergy within the said
Provinces, and also respecting the constituting,
erecting, and endowing Parsonages or Rectories within
the said Provinces, and also respecting the Presentation
of Incumbents or Ministers to the same, and also
respecting the Manner in which such Incumbents or
Ministers shall hold and enjoy the same, shall be
subject to be varied or repealed by any express
Provisions for that Purpose, contained in any Act or
Acts which may be passed by the Legislative Council and
Assembly of the said Provinces respectively, and
assented to by his Majesty, his Heirs or Successors,
under the Restriction hereinafter provided.
XLII. Provided
nevertheless, and be it further enacted by the Authority
aforesaid, That whenever any Act or Acts shall be passed
by the Legislative Council and Assembly of either of the
said Provinces, containing any Provisions to vary or
repeal the aboverecited Declaration and Provision
contained in the said Act passed in the fourteenth Year
of the Reign of his present Majesty; or to vary or
repeal the aboverecited Provision contained in his
Majesty's Royal Instructions, given on the third Day of
January, in the Year of our Lord one thousand seven
hundred and seventyfive, to the said Guy Carleton,
Esquire, now Lord Dorchester; or to vary or repeal the
Provisions hereinbefore contained for continuing the
Force and Effect of the said Declaration and Provisions;
or to vary or repeal any of the several Provisions
hereinbefore contained respecting the Allotment and
Appropriation of Lands for the Support of a Protestant
Clergy within the said Provinces; or respecting the
constituting, erecting or endowing Parsonages or
Rectories within the said Provinces; or respecting the
Presentation of Incumbents or Ministers to the same; or
respecting the Manner in which such Incumbents or
Ministers shall hold and enjoy the same: And also that
whenever any Act or Acts shall be so passed, containing
any Provisions which shall in any Manner relate to or
affect the Enjoyment or Exercise of any religious Form
or Mode of Worship; or shall impose or create any
Penalties, Burthens, Disabilities, or Disqualifications
in respect of the same; or shall in any Manner relate to
or affect the Payment, Recovery, or Enjoyment of any of
the accustomed Dues or Rights hereinbefore mentioned;
or shall in any Manner relate to the granting, imposing,
or recovering any other Dues, or Stipends, or Emoluments
whatever, to be paid to or for the Use of any Minister,
Priest, Ecclesiastic, or Teacher, according to any
religious Form or Mode Or Worship, in respect of his
said Office or Function; or shall in any Manner relate
to or affect the Establishment or Discipline of the
Church of England, amongst the Ministers and Members
thereof within the said Provinces; or shall in any
Manner relate to or affect the King's Prerogative
touching the granting the Waste Lands of the Crown
within the said Provinces; every such Act or Acts shall,
previous to any Declaration or Signification of the
King's Assent thereto, be laid before both Houses of
Parliament in Great Britain; and that it shall not be
lawful for his Majesty, his Heirs or Successors, to
signify his or their Assent to any such Act or Acts,
until thirty Days after the same shall have been laid
before the said Houses, or to assent to any such Act or
Acts, in case either House of Parliament shall, within
the said thirty Days, address his Majesty, his Heirs or
Successors, to withhold his or their Assent from such
Act or Acts: and that no such Act shall be valid or
effectual to any of the said Purposes, within either of
the said Provinces, unless the Legislative Council and
Assembly of such Province shall, in the Session in which
the same shall have been passed by them, have presented
to the Governor, Lieutenant Governor, or Person
administering the Government of such Province, an
Address or Addresses, specifying that such Act contains
Provisions for some of the said Purposes hereinbefore
specially described, and desiring that, in order to give
Effect to the same, such Act should be transmitted to
England without Delay, for the Purpose of being laid
before Parliament previous to the Signification of his
Majesty's Assent thereto.
XLIII. And be it
further enacted by the Authority aforesaid, That all
Lands which shall be hereafter granted within the said
Province of Upper Canada shall be granted in Free and
Common Soccage, in like Manner as Lands are now holden
in Free and Common Soccage, in that Part of Great
Britain called England; and that in every Case where
Lands shall be hereafter granted within the said
Province of Lower Canada, and where the Grantee thereof
shall desire the same to be granted in Free and Common
Soccage, the same shall be so granted; but subject
nevertheless to such Alterations, with respect to the
Nature and Consequences of such Tenure of Free and
Common Soccage, as may be established by any Law or Laws
which may be made by his Majesty, his Heirs or
Successors, by and with the Advice and Consent of the
Legislative Council and Assembly of the Province.
XLIV. And be it
further enacted by the Authority aforesaid, That if any
Person or Persons holding any Lands in the said Province
of Upper Canada, by virtue of any Certificate of
Occupation derived under the Authority of the Governor
and Council of the Province of Quebec, and having Power
and Authority to alienate the same, shall at any Time,
from and after the Commencement of this Act, surrender
the same into the Hands of his Majesty, his Heirs or
Successors, by Petition to the Governor or Lieutenant
Governor, or Person administering the Government of the
said Province, setting forth that he, she, or they is or
are desirous of holding the same in Free and Common
Soccage, such Governor or Lieutenant Governor, or Person
administering the Government, shall thereupon cause a
fresh Grant to be made to such Person or Persons of such
Lands, to be holden in Free and Common Soccage.
XLV. Provided
nevertheless, and be it further enacted by the Authority
aforesaid, That such Surrender and Grant shall not avoid
or bar any Right or Title to any such Lands so
surrendered, or any Interest in the same, to which any
Person or Persons, other than the Person or Persons
surrendering the same, shall have been entitled, either
in Possession, Remainder, or Reversion, or otherwise, at
the time of such Surrender; but that every such
Surrender and Grant shall be made subject to every such
Right, Title, and Interest, and that every such Right,
Title, or Interest shall be as valid and effectual as if
such Surrender and Grant had never been made.
"XLVI. And whereas by
an Act passed in the eighteenth Year of the Reign of his
present Majesty, intituled An Act for removing all
Doubts and Apprehensions concerning Taxation by the
Parliament of Great Britain, in any of the Colonies,
Provinces, and Plantations in North America, and the
West Indies; and for repealing so much of an Act, made
in the seventh Year of the Reign of his present Majesty,
as imposes a Duty on Tea imported from Great Britain
into any Colony or Plantation in America, or relates
thereto, it has been declared, 'That the King and
Parliament of Great Britain will not impose any Duty,
Tax, or Assessment whatever, payable in any of his
Majesty's Colonies, Provinces, and Plantations in North
America or the West Indies, except only such Duties as
it may be expedient to impose for the Regulation of
Commerce, the net Produce of such Duties to be always
paid and applied to and for the Use of the Colony,
Province, or Plantation in which the same shall be
respectively levied. in such Manner as other Duties
collected by the Authority of the respective General
Courts or General Assemblies of such Colonies,
Provinces, or Plantations, are ordinarily paid and
applied:' And whereas it is necessary, for the general
Benefit of the British Empire, that such Power of
Regulation of Commerce should continue to be exercised
by his Majesty, his Heirs or Successors, and the
Parliament of Great Britain, subject nevertheless to the
Condition hereinbefore recited, with respect to the
Application of any Duties which may be imposed for that
Purpose:" Be it therefore enacted by the Authority
aforesaid, That nothing in this Act contained shall
extend, or be construed to extend, to prevent or affect
the Execution of any Law which hath been or shall at any
Time be made by his Majesty, his Heirs or Successors,
and the Parliament of Great Britain, for establishing
Regulations or Prohibitions, or for imposing, levying,
or collecting Duties for the Regulation of Navigation,
or for the Regulation of the Commerce to be carried on
between the said two Provinces, or between either of the
said Provinces and any other Part of his Majesty's
Dominions, or between either of the said Provinces and
any foreign County or State, or for appointing and
directing the Payment of Drawbacks of such Duties so
imposed, or to give his Majesty, his Heirs or
Successors, any Power or Authority, by and with the
Advice and Consent of such Legislative Councils and
Assemblies respectively, to vary or repeal any such Law
or Laws, or any Part thereof, or in any Manner to
prevent or obstruct the Execution thereof.
XLVII. Provided
always, and be it enacted by the Authority aforesaid,
That the net Produce of all Duties which shall be so
imposed shall at all Times hereafter be applied to and
for the Use of each of the said Provinces respectively,
and in such Manner only as shall be directed by any Law
or Laws which may be made by his Majesty, his Heirs or
Successors, by and with the Advice and Consent of the
Legislative Council and Assembly of such Province.
"XLVIII. And whereas,
by Reason of the Distance of the said Provinces from
this Country, and of the Change to be made by this Act
in the Government thereof, it may he necessary that
there should be some Interval of Time between the
Notification of this Act to the said Provinces
respectively, and the Day of its Commencement within the
said Provinces respectively:" Be it therefore enacted by
the Authority aforesaid, That it shall and may be lawful
for his Majesty, with the Advice of his Privy Council,
to fix and declare, or to authorise the Governor or
Lieutenant Governor of the Province of Quebec, or the
Person administering the Government there, to fix and
declare the Day of the Commencement of this Act within
the said Provinces respectively, provided that such Day
shall not be later than the thirtyfirst Day of December
in the Year of our Lord one thousand seven hundred and
ninetyone.
XLIX. And be it
further enacted by the Authority aforesaid, That the
Time to be fixed by his Majesty, his Heirs or
Successors, or under his or their Authority, by the
Governor, Lieutenant Governor, or Person administering
the Government in each of the said Provinces
respectively, for issuing the Writs of Summons and
Election, and calling together the Legislative Councils
and Assemblies of each of the said Provinces
respectively, shall not be later than the thirtyfirst
Day of December in the Year of our Lord one thousand
seven hundred and ninety two.
L. Provided always,
and be it further enacted by the Authority aforesaid,
That during such Interval as may happen between the
Commencement of this Act, within the said Provinces
respectively, and the first Meeting of the Legislative
Council and Assembly of each of the said Provinces
respectively, it shall and may be lawful for the
Governor or Lieutenant Governor of such Province, or for
the Person administering the Government therein, with
the Consent of the major Part of such Executive Council
as shall be appointed by his Majesty for the Affairs of
such Province, to make temporary Laws and Ordinances for
the good Government, Peace, and Welfare of such
Province, in the same Manner, and under the same
Restrictions, as such Laws or Ordinances might have been
made by the Council for the Affairs of the Province of
Quebec, constituted by virtue of the above mentioned Act
of the fourteenth Year of the Reign of his present
Majesty; and that such temporary Laws or Ordinances
shall be valid and binding within such Province, until
the Expiration of six Months after the Legislative
Council and Assembly of such Province shall have been
first assembled by virtue of and under the Authority of
this Act; subject nevertheless to be sooner repealed or
varied by any Law or Laws which may be made by his
Majesty, his Heirs or Successors, by and with the Advice
and Consent of the said Legislative Council and
Assembly.
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