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alliance, qu'ils l'observeront fidèlement, dans toutes les circonstances, en frères et confédérés; en particulier qu'ils rempliront dès à présent, les uns envers les autres, tous les devoirs et toutes les obligations qui en résultent; et afin qu'un acte aussi important pour le salut de la patrie commune reçoive, selon l'usage de nos pères, une sanction religieuse, ce Pacte fédéral sera nonseulement signé par les Députés de chaque Etat autorisés à cet effet, et muni de nouveau sceau de la Confédération, mais encore confirmé et corroboré par un serment solennel au Dieu tout-puissant.

Ainsi fait, signé et scellé par Messieurs les Députés et Conseillers de légation des Etats confédérés ci-après nommés, à Zurich, le septième août de l'an de grâce mil huit cent et quinze (7 août 1815).

ACT OF PARLIAMENT UNITING UPPER AND

LOWER CANADA. 23 JULY, 1840.

[3 & 4 Vict. cap. 35. "Statutes at Large."]1

AN Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada [23d July, 1840.]

Union.

Whereas it is necessary that provision be made for the Declaration of good Government of the Provinces of Upper Canada and Lower Canada, in such manner as may secure the Rights and Liberties and promote the Interests of all Classes of Her Majesty's Subjects within the same: And whereas to this end it is expedient that the said Provinces be reunited and form One Province for the Purposes of Executive Government and Legislation: Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That it shall be lawful for Her Majesty, with the advice of Her Privy Council, to declare, or to authorize the Governor General of the said Two Provinces of Upper and Lower Canada to declare, by Proclamation, that the said Provinces, upon, from, and after a certain Day in such Proclamation to be appointed, which Day shall be within Fifteen Calendar Months next after the passing of this Act, shall form and be One Province, under the name of the Province of Canada, and thenceforth the said Provinces shall constitute and be One Province, under the Name aforesaid, upon, from, and after the Day so appointed as aforesaid.

1In view of the varying editions of the Statutes and the different numbering of their volumes, reference to an Act may best be made by quoting the regnal year.

Composition and Powers of Legislature.

Councillors.

II. [Repeal of former Acts for the government of Canada, portions of 31 Geo. III. c. 31 and the whole of 1 & 2 Vict. c. 9, 2 & 3 Vict. c. 53, and 1 & 2 W. IV. c. 23.] III. And be it enacted, That from and after the Reunion of the said Two Provinces there shall be within the Province of Canada One Legislative Council and One Assembly, to be severally constituted and composed in the manner hereinafter prescribed, which shall be called "The Legislative Council and Assembly of Canada"; and that, within the Province of Canada, Her Majesty shall have Power, by and with the Advice and Consent of the said Legislative Council and Assembly, to make Laws for the Peace, Welfare, and good Government of the Province of Canada, such Laws not being repugnant to this Act, or to such parts of the said Act passed in the Thirty-first Year of the Reign of His said late Majesty as are not hereby repealed, or to any Act of Parliament made or to be made, and not hereby repealed, which does or shall, by express Enactment or by necessary Intendment, extend to the Provinces of Upper and Lower Canada, or to either of them, or to the Province of Canada; and that all such Laws being passed by the said Legislative Council and Assembly, and assented to by Her Majesty, or assented to in Her Majesty's Name by the Governor of the Province of Canada, shall be valid and binding to all Intents and Purposes within the Province of Canada.

Appointment IV. And be it enacted, That for the Purpose of composof Legislative ing the Legislative Council of the Province of Canada it shall be lawful for Her Majesty, before the Time to be appointed for the First Meeting of the said Legislative Council and Assembly, by an Instrument under the Sign Manual, to authorize the Governor, in Her Majesty's Name, by an Instrument under the Great Seal of the said Province, to summon to the said Legislative Council of the said Province such Persons, being not fewer than Twenty, as Her Majesty shall think fit; and that it shall also be lawful for Her Majesty from Time to Time to authorize the Governor in like Manner to summon to the said

Legislative Council such other Person or Persons as Her Majesty shall think fit, and that every Person who shall be so summoned shall thereby become a Member of the Qualification of Legislative Legislative Council of the Province of Canada: Provided Councillors. always, that no Person shall be summoned to the said Legislative Council of the Province of Canada who shall not be of the full Age of Twenty-one Years, and a naturalborn Subject of Her Majesty, or a Subject of Her Majesty naturalized by Act of the Parliament of Great Britain, or by Act of the Parliament of the United Kingdom of Great Britain and Ireland, or by an Act of the Legislature of either of the Provinces of Upper or Lower Canada, or by an Act of the Legislature of the Province of Canada.

V. And be it enacted, That every Member of the Legis- Tenure of Office lative Council of the Province of Canada shall hold his of Councillor. Seat therein for the Term of his Life, but subject neverthe

less to the Provisions herein-after contained for vacating

the same.

Councillor.

VI. And be it enacted, That it shall be lawful for any Resignation of Member of the Legislative Council of the Province of Legislative Canada to resign his Seat in the said Legislative Council, and upon such Resignation the Seat of such Legislative Councillor shall become vacant.

VII. And be it enacted, That if any Legislative Vacating Seat Councillor of the Province of Canada shall for Two by Absence. successive Sessions of the Legislature of the said Province fail to give his Attendance in the said Legislative Council, without the Permission of Her Majesty, or of the Governor of the said Province, signified by the said Governor to the Legislative Council, or shall take any Oath or make any Declaration or Acknowledgment of Allegiance, Obedience, or Adherence to any Foreign Prince or Power, or shall do, concur in, or adopt any Act whereby he may become a Subject or Citizen of any Foreign State or Power, or whereby he may become entitled to the Rights, Privileges, or Immunities of a Subject or Citizen of any Foreign State or Power, or shall become bankrupt, or take the Benefit of any Law relating to Insolvent Debtors, or

Frial of Questions.

Appointment of Speaker.

Quorum.

become a public Defaulter, or be attainted of Treason, or be convicted of Felony or of any infamous Crime, his Seat in such Council shall thereby become vacant.

VIII. And be it enacted, That any Question which shall arise respecting any Vacancy in the Legislative Council of the Province of Canada, on occasion of any of the matters aforesaid, shall be referred by the Governor of the Province of Canada to the said Legislative Council, to be by the said Legislative Council heard and determined: Provided always, that it shall be lawful, either for the Person respecting whose Seat such Question shall have arisen, or for Her Majesty's Attorney General for the said Province on Her Majesty's Behalf, to appeal from the Determination of the said Council in such case to Her Majesty, and that the Judgment of Her Majesty given with the advice of Her Privy Council thereon shall be final and conclusive to all Intents and Purposes.

IX. And be it enacted, That the Governor of the Province of Canada shall have Power and Authority from Time to Time, by an Instrument under the Great Seal of the said Province, to appoint One Member of the said Legislative Council to be Speaker of the said Legislative Council, and to remove him, and appoint another in his stead.

X. And be it enacted, That the Presence of at least Ten Members of the said Legislative Council, including the Speaker, shall be necessary to constitute a Meeting for the Exercise of its Powers; and that all Questions which shall arise in the said Legislative Council shall be decided by a Majority of Voices of the Members present other than the Casting Vote. Speaker, and when the Voices shall be equal the Speaker shall have the casting Vote.

Division.

Convoking the
Assembly.

XI. And be it enacted, That for the Purpose of constituting the Legislative Assembly of the Province of Canada it shall be lawful for the Governor of the said Province, within the Time hereinafter mentioned, and thereafter from Time to Time as occasion shall require, in Her Majesty's Name and by an Instrument or Instru

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