27 JANUARY 1838, Page 12

A BILL [AS AMENDED BY THE COMMITTEE] TO MAKE TEMPORARY

PROVISION FOR THE GOVERNMENT OF LOWER CANADA.

Whereas In the present state of the Province of Lower Canada. the House of Assets bly of the said province, constituted under the Act passed in the thirt y.first year of his Majesty King George the Third, intitultel " An Act to repeal certain l'arts dal 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.'" cannot bo called together without serious detriment to the interests of the said province, by rea-

son whereof the Government of the said proviuce cannot be duly administered according to the provisions of the said Act : sod whereas it is nevertheless expedient that the said province shall be permanently goterned on constitutional principles, adapted to promote the interests of all classes of her Majesty's subjects in the said province: and whereas, In order to the preparation of such measures asi,it may be desirable to propose to Parliament for improving the constitution of the provinces of Lover Canada and Upper Canada. or either of them, mud for regulating (livers questions In which the said provinces are jointly interested, her Majesty bath been pleased to authorize the Go-

vernorGeneral of her Majesty'sprovinces North America to summon a meeting, I. be holden within one of the said provinces of Lower Canada and Upper Canada, con• sisting of the said GovernorGeneral and of certain persons to be by her Majesty or on her Majesty's behalf for that purpose appointed, and also consisting of certain other persons representing the interests and opinions of her Majesty's subjects inhabiting the said provinces : and whereas it is in the mean time ueceasary that temporary pro- vision should be made for the government of the said province of Lower Canada ; 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 pteseut Par- Bement assembled, and by the authority of the same, that, from the proclamation of this Act in the said proviuce, as hereinafter provided. until the First day of November in the year One Thousand Eight Hundred and Forty, so much of the said Act of the thirty-first year of King George the Third, hid of any other act or acts of Parliament, as constitutes or provides for the constitution or calling of a Legislative Council* Legislative Assembly for the province of Lower Canada, ur as confers any powers or functious upon the said Legislative Council or Legislative Assembly, or either of those bodies, shall cease stud be of no force. And be it enacted, that it shall he lawful for her Majesty, by any commisaian or commissions to be from time to time issued under the Great Seal of the United King- dom, or by any instructions tinder her Majesty's signet and sign manual, and with the hither of her Privy council, to constitute a Legislative Council fur the affairs of Lower Canada, and for that purpose to appoint or authorize the Govern. r of the prov nee of Lower Canada to appoint such suit so many Legislative Councillors as to her Majesty shall seem meet, and to make such provision as to her Majesty shall seem meet far the removal, suspension, or resignation of all or any each Councillors.

And be it enacted, that from and after such proclamation as aforesaid, and until the said first day of November iu the year one thousaud eight hundred and forty. it shall be lawful for the Governor of the province of Lower Canada, with the ads ice and con- sent of the majority of the said Cuuncillors present at a meeting or meetings to he for that purpose front time to time convened by tlie Governor of the said province, to make SOC11 lava or ordinances for the peace, welfare, and good government of the said pro- vince of Lower Canada, ss the legislature of Lower Canada, as now constituted, la empowered to make; and that all Imes or onlinances so made, subject to the provisions hereinafter contained for disellownuce thereof by her Majesty, sod for reserving oat,* laws or ordinances fur the signification of her Majesty's pleasure thereon, shall have the like force and effect as laws passed before the passing of this Act by the Legislative

Council and Assembly of the said province of Lower Canada. and assented to by Ma• jesty, or in lice Majesty's name by the Governor of the said province: : provided always, that no such law or ordinance shall be made unless the same shall have been first proposed by the said Governor for adoption by the Council, nor mile* the said Governor ad five at least of the said Councillors shall be actually present when such law or ore- mum shall be imule pnwided also, that no law or ordinance so made shall continue in force beyond the first day of November In the year one thousand eight hundred sal forty-two. unless continued by competent authority : provided also, that it shall not be lawful by any such law or °Mitten* to impose any tax. duty, rate. or impost, save only in so far as any tax, (lay, rate,or impost which at the passing of this Act is payable ithlo the said province may be thereby continued : provided also, that it shall not be lawful, by any such law or ordinance, to alter tu any respect the law now !l- isting in the said proviuce respecting the constitution or composition of the Legislative Assembly thereof, or respecting the right of any person to vote at the electiuu canny Member of the Assembly, or respecting the qualifications of such sorer., or respective the division or the said province into counties, cities, and towns, for the purpose of such elections.

Provided always, and be it enacted, that it shall not be lawful by any such law or ordinance to appropriate any mouies which now are or which shell bete-after le is the hands of the Rec• iv er-General of the said province of Lower Costa towards the repaymeut of any sum or sums of money which shall have been issued out of the sum of uue hundred and forty too thousand one hundred Bud sixty pouude, fourteen shillings. and sixpence, emoted to her Majesty by an Act passed in the last session of Parliament, for advances on account of charges for the administration of justice ad of the Civil Government of the province of Lower Canada, unless upon a certificate from three or more of the COMMIdli1OUCta of her Majesty's Treasury, setting rorth the several sums which shall have been so advanced fur any of the purposes a foresee', provided also, that. exclusive of any such repayment as aforesaid, no approprudiud to be made by any such law or ordivauce of the monies aforesaid. in respect of Lha public service fee.asy one year shall exceed the total amount of the sums AprarDW5 by law within the said province for the public service thereof in the year one thousand eight hundred and thirty-two.

And be it enacted, that the Governor of the said province is hereby required by the first convenient opportunity to transmit to one of her Majesty's Principal Secretaries of State an authentic copy of every low or ordinance made under the authority of Oils Act ; and that it shall be lawful, at any time within two years after such law or ordinance shall have been so received by such Secretary of State, fur her Majesty, her heirs or successors. by her or their Order in Council, to declare her or their disallowance

of such law or ordinance; and that such disallowance, together with a certificate under the hand and seal °ranch Secretary of State, testifying the day on which such law or

ordinance was received as aforesaid, being signified by such Governor by proclarnatiou within the said province, shall make void and annul the same from aud after the date of such signification. Provided always, and be it enacted, that every law or ordinance so made which shall eontain any provisions which, if contained in any Act passed by the Legislative Council and Assembly of the said province of Lower Canada before the passing of this Act, must have been laid before both !louses of Parliament in Great Britain previous to any declaration or signifiention of the Queen's assent thereto, shall be in like mate ner reserved for the signification of her Majesty's pleasure thereon, and shall be laid before both Houses of Parliament ; and it shall nut he lawful fur her Majesty, her

Beim or successors, to signify her or their assent to any such law or ordinance until thirty days after the same shall have been laid before the said Houses. or to assent to any such law or ordinance in case either House of Parliament shall within the said the thirty days address her Majesty, her heirs or successors, to withhold her or their assent from such law or ordinance.

And be it enacted, that no such law or ordinance which shall be so reserved for the signification of her Majesty's pleasure thereon shall have any force or authority within

the said province of Lower Canada until the Governor shall have signified by pro- clamation within the said province, within the space of two years from the day of the making of such law or ordinauce by the Governor and Council, that such law or ordinance has been laid before her Majesty in Council, aud that her Majesty has been pleased to assent to the same.

And be it enacted, that uothing herein contained shall be taken to affect or heath- date any law, statute, or ordinance now in force within the said province of Lotter Canada, or in any part thereof, except in so far Re the same is repugnant to this Act. And be it enacted, that at any time before the first day of November in the year one thousand eight hundred and forty, it shall be lawful for her Majesty, by any

order to be made with the advice of her Majesty's Privy Council, to declare that, from a U me to be by such order for that purpose appointed, all the preceding enactments shell cease to be in force, and the same shall cease to be in force from the time ap- pointed accordingly, save only so far as respects the validity of any laws or ordinances which may have been theretofore made.

And be it enacted, that this Act shall be proclaimed by the Governor of the said province of Lower Canada within the said province, and shall commence and take effect within the said province from the proclamation thereof. And be it enacted, that for the purpose of this Act, any person authorized to execute the commission of Governor of the province of Lower Canada, shall be taken to be the Governor thereof.