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THE

REVISED ACTS AND ORDINANCES

OF

LOWER CANADA.

CLASS A.

Relating to the Constitution and to Political Rights and Institutions.

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An Act to allow Members of the House of Assembly to vacate 1 Will. IV. their seats in certain cases, and for other

purposes.

Cap. 42.

should be enabled to vacate their seats in certain cases:-Be it Members of

may vacate

WHEREAS it is expedient that the members of the house of assembly Preamble. therefore enacted, &c., that from and after the passing of this act, it shall the assembly be lawful for any member of the house of assembly, legally elected, or their seats. who shall hereafter be so, who shall wish to abstain from the performance of the duties imposed on him by his election as representative for any county, town or borough in this Province, or for any county which may hereafter be legally erected or established therein, to vacate his seat in the manner hereinafter provided.

to give notice

II. And be it further enacted, &c., that such member, in his place in Such member the house of assembly, may give notice of his intention of resigning his in his place of seat, and immediately after such notice shall have been entered by the his intention of

seat.

resigning his clerk of the assembly in the journal, it shall be lawful for the speaker to issue his warrant in the usual form for the election of a new member in the room of the member who shall have so resigned: Provided always, that the member so tendering his resignation, shall be and be held and considered as being to all intents and purposes the representative for the place for which he was elected, until the return of the election of such new member to serve in his room shall have been duly made.

Proviso.

Manner in which a member may resign during a

recess.

No member to

in the first

III. And be it further enacted, &c., that if any member shall wish so to resign in the interval between two sessions of the provincial parliament, it shall be lawful for him so to do, by addressing and causing to be delivered to the speaker a declaration to that effect, made and passed before two notaries public, or one notary and two witnesses, an entry of which declaration shall be made in the journals of the proceedings on the first day of the session of the provincial parliament then next ensuing; and that it shall be lawful for the speaker upon receiving such declaration, forthwith to issue his warrant for the election of a member in the room of the member so tendering his resignation.

IV. And be it further enacted, &c., that no member shall ask for leave vacate his seat to vacate his seat in the first session of any parliament, before the expiration of the first fifteen days of the said session, and that no member whose election shall be contested, shall so vacate his seat until after such contestation shall have been decided.

session of a

parliament, before a certain time.

4 Will. IV. Cap. 32.

Preamble.

or becoming

his seat to be

2. ASSEMBLY, MEMBERS ACCEPTING OFFICE.

An Act for vacating the seats of Members of the Assembly in certain cases therein mentioned.

HEREAS it is expedient in certain cases to make void the election, and to vacate the seats of persons elected to serve as representatives Any member in the assembly of this Province :-Be it therefore enacted, &c., that if any accepting an person chosen and returned as a representative or member in the assembly office of profit, of this Province, shall accept of any office of profit from the Crown, accountable for or accept as a commissioner or otherwise, any appointment from the public money, Crown, whereby he shall become accountable for any public money, his vacated, and a election shall be void, and the seat of such member shall thereafter become and be vacant, and a writ shall forthwith issue for a new election, as if for a new elec- such person so accepting such office, commission or appointment as aforesaid, He may be re- were naturally dead: Provided always, that such person shall nevertheless be as capable of being re-elected to serve as a representative or member of the assembly, during the same or any ensuing parliament, as if his election had not been made void and his scat become vacant as aforesaid.

writ to issue

tion.

elected.

Not to extend to members

II. Provided always, and be it further enacted, &c., that nothing herein contained shall extend or be construed to extend to any member of the of the assembly being house of assembly, being an officer in His Majesty's navy or army, or officers in in the militia of this Province, who shall be appointed or receive any new His Majesty's commission in the navy or army, or in the militia of this Province or in the mili- respectively; excepting only officers on the staff of the militia receiving

navy or army,

tia.

permanent salaries.

3. ELECTORAL DIVISIONS, BOUNDARIES OF.

Cap. 73.

An Act to make a new and more convenient subdivision of the 9 Geo. IV. Province into Counties, for the purpose of effecting a more equal representation thereof in the Assembly than heretofore.

W

HEREAS the present division of this Province, for the purpose Preamble. of electing members to serve in the assembly thereof, as made by a certain proclamation, issued by virtue of and in conformity to the provisions of the statute in that case made and provided, by His Excellency Alured Clarke, Esquire, Lieutenant Governor, then administering the government of this Province, bearing date at the Castle of Saint Lewis, the seventh day of May, in the year one thousand seven hundred and ninety-two, is, by reason of the great extension of the old settlements and the formation of new settlements in remote parts of the Province, become inconvenient :--And whereas the appointment of fifty members to serve in the assembly, among the said divisions respectively, is, from the aforementioned causes, and the increase of the population of the Province since the date of the said proclamation, become unequal and insufficient; for remedy thereof, and to remove as speedily and equitably as may be, the causes of the existing complaints and uneasiness on the subject:-Be The Province it therefore enacted, &c., that from and after the passing of this act, this to be divided Province shall be divided into the following counties, which counties into the following counties. shall consist of, be bounded and limited as hereinafter described, that

is to say:

lo. The county of Gaspé shall be bounded on the south-west by a Bounds of the line, commencing at Point Maquereaux, on the north side, and at the county of Gaspé. entrance of Chaleurs Bay, running from thence north-west, a distance of forty-seven miles, thence south, sixty-nine degrees west, until it intersects a line running from Cape Chat on the river Saint Lawrence, due southeast, on the west by the said last mentioned line, and on the north and east by the river and gulf of Saint Lawrence; including in the said county the island of Bonaventure, and all the islands in front thereof, in whole or in part, nearest the same, as well as the Magdalen Islands, in the said gulf of Saint Lawrence; which said county so bounded, comprises the fiefs of Sainte Anne, Magdalen, Grande Vallée des Monts and Anse de l'Etang, the Bay of Gaspé and settlements therein, Point Saint Peter, Malbay, Percé, Anse à Beaufils, Cape Despair, Grand River, Little River and Pabos, and New-Port.

naventure.

20. The county of Bonaventure shall be bounded on the east and Bounds of the north by the county of Gaspé, and shall consist of such part of the inferior county of Bodistrict of Gaspé as is included between the said county of Gaspé and the district of Quebec, including all the islands in front thereof, in whole or in part, nearest to the said county; which county so bounded, comprises the seigniory of Shoolbred, the Indian Village or Mission, and the settlements above and below the same on the north of the river Ristigouche, the townships or settlements of Carlton, Maria, Richmond, Hamilton, including Bonaventure, Cox, including the town of New Carlisle, Hope, including Paspebiac, La Nouvelle and Port Daniel.

30. The county of Rimouski shall be bounded on the eastward by Bounds of the the inferior district of Gaspé, on the southward by the south-west county of boundary line of the seigniory of River du Loup, prolonged to the

Rimouski.

Bounds of the

mouraska.

southern bounds of the Province, and on the north-west by the river Saint Lawrence, including all the islands in the said river Saint Lawrence, in front of the said county, in whole or in part, nearest the same; which said county so bounded, comprises the seigniories of Rivière du Loup, Isle Verte, d'Artigny, Trois Pistoles, Rioux des Trois Pistoles, Bic, Rimouski, Barnabé, Lepage, Tivierge, Mitis and Matane, and ali other seigniories and lands comprised within the said limits.

40. The county of Kamouraska shall be bounded on the north-east by. county of Ka- the county of Rimouski, on the south-west by the north-east boundary line of the seigniory of Saint Roch des Aulnets, prolonged to the southern boundary of the Province, on the north-west by the said river Saint Lawrence, together with the islands in the said river Saint Lawrence, nearest to the said county, and in whole or in part fronting the same, and on the south-east by the southern boundary of the Province; which county so bounded, comprises the seigniories of Terrebois, Granville and Lachenaye, L'Islet du Portage, Granville, Kamouraska, Saint Denis, Rivière Ouelle and its augmentation, and Sainte Anne, and the townships of Bungay, Woodbridge and Ixworth.

Bounds of the county of L'Islet.

Bounds of the county of Bellechasse.

County of
Dorchester.

Bounds of the county of Beauce.

50. The county of L'Islet shall be bounded on the north-east by the said county of Kamouraska, on the south-west by a line parallel thereto running from the westerly angle of a tract of land commonly called the seigniory of the River du Sud, prolonged to the southern boundary of the Province, on the north-west by the river Saint Lawrence, together with all the islands in the said river Saint Lawrence, nearest the said county, and in the whole or in part fronting the same, and on the south-east by the southern boundary of the Province; which county so bounded, comprises the scigniories of Saint Roch des Aulnets, Réaume, Saint Jean Port Joli, Islet, Lessard, Bonsecours, Vincelot and its augmentation, Cap Saint Ignace, Gagnier, Sainte Claire, Rivière du Sud and Lépinay.

60. The county of Bellechasse shall be bounded on the north-east by the said county of L'Islet, on the south-west by the north-east boundary lines of the seigniories of Lauzon and Jolliet, and of the townships of Frampton, Cranbourne and Watford, and thence by a line prolonged south-east to the southern boundary of the Province, on the north-west by the river Saint Lawrence, and include all the islands in the said river, nearest to the said county, and in the whole or in part fronting the same, and on the south-east by the southern boundary of the Province; which county so bounded, comprises the seigniories of Berthier, Saint Vallier, Saint Michel, Beaumont and its augmentation, La Durantaye and its augmentation, La Martinière, Vincennes, Saint Gervais and Livaudière, and the townships of Buckland and Standon.

70. The county of Dorchester shall consist of and comprise the seigniory of Lauzon.

80. The county of Beauce shall be bounded on the north-east by the county of Bellechasse, as above described, on the south-west by part of the seigniory of Saint Giles, by the townships of Broughton, Tring, and part of Shenley, to the south-eastern boundary line of the seigniory of Aubert Gallion, thence along the south-eastern boundary line of the said last mentioned seigniory to the river Chaudière, thence southerly up the middle of But see Tables the said river Chaudière, and through the middle of the lake Megantick, to the entrance of Arnold river, thence up the said river to the southern

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