21. THE CONSTITUTIONAL ACT OF 1791.

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Source.—Shortt and Doughty's Documents. (Cf. 16.)

II. ... 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 ... there shall be within each of the said provinces respectively a Legislative Council and an Assembly....

III. ... it shall and may be lawful for his Majesty ... to authorise and direct the Governor or Lieutenant-Governor ... to summon to the said Legislative Council ... 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....

XIV. ... for the purpose of electing the members of such Assemblies respectively, it shall and may be lawful for his Majesty ... to authorise the Governor or Lieutenant-Governor ... 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....

XVII. ... the whole number of members to be chosen in the province of Upper Canada shall not be less than sixteen, ... in the province of Lower Canada shall not be less than fifty.

XXVII. ... 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 ... every Assembly shall continue for four years ... subject nevertheless to be sooner prorogued or dissolved by the Governor....

XXX. ... whenever any bill which has been passed by the Legislative Council and by the House of Assembly ... shall be presented, for his Majesty's assent, to the Governor ... such Governor ... is hereby authorised 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 in that behalf by his Majesty ... 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. ... whenever any bill ... shall by such Governor ... have been assented to in his Majesty's name, such Governor ... 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; ... it shall and may be lawful, at any time within two years after such bill shall have been so received ... for his Majesty ... to declare his ... disallowance of such bill....

XXXVI. ... it shall and may be lawful for his Majesty ... to authorise the Governor ... 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; ... 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 shall be, as nearly as the same can be estimated at the time of making such grant, equal in value to the seventh part of the lands so granted.

XLIII. ... 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; ... 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 ... by and with the advice and consent of the Legislative Council and Assembly of the province.

XLVI. ... nothing in this Act shall extend ... to prevent or affect the execution of any law which hath been or shall at any time be made by his Majesty ... and the Parliament of Great Britain, for establishing regulations of 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 foreign country or state, or for appointing and directing the payment of drawbacks of such duties so imposed....


                                                                                                                                                                                                                                                                                                           

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