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before any committee thereof of such persons, papers and things as it may deem necessary for any of its proceedings or deliberations.

Legislative

73. The Qualifications of the Legislative Councillors of qualification of Quebec shall be the same as those of the Senators for Quebec. Councillors. See Sect. 23.

Disqualification

74. The Place of a Legislative Councillor of Quebec shall Resignation, become vacant in the Cases, mutatis mutandis, in which the &c. Place of Senator becomes vacant.

75. When a Vacancy happens in the Legislative Council Vacancies. of Quebec, by Resignation, Death, or otherwise, the Lieutenant Governor, in the Queen's Name, by Instrument under the Great Seal of Quebec, shall appoint a fit and qualified Person to fill the Vacancy.

Vacancies, &c.

76. If any Question arises respecting the Qualification of questions as to a Legislative Councillor of Quebec, or a Vacancy in the Legislative Council of Quebec, the same shall be heard and determined by the Legislative Council.

Legislative

77. The Lieutenant Governor may from Time to Time, by Speaker of the Instrument under the Great Seal of Quebec, appoint a Mem- Council. ber of the Legislative Council of Quebec to be Speaker thereof, and may remove him and appoint another in his Stead.

gislative Coun

78. Until the Legislature of Quebec otherwise provides, Quorum of Lethe presence of at least Ten Members of the Legislative c Council, including the Speaker, shall be necessary to constitute a Meeting for the Exercise of its Powers.

lative Council.

79. Questions arising in the Legislative Council of Quebec Voting in Legisshall be decided by a Majority of Voices, and the Speaker shall in all cases have a Vote, and when the Voices are equal the Decision shall be deemed to be in the Negative.

Legislative As

bec.

80. The Legislative Assembly of Quebec shall be com- Constitution of posed of Sixty-five Members, to be elected to represent the sembly of Que Sixty-five Electoral Divisions or Districts of Lower Canada in this Act referred to, subject to Alteration thereof by the Legislature of Quebec: Provided that it shall not be lawful

to present to the Lieutenant Governor of Quebec for assent, any Bill for altering the Limits of any of the Electoral Divisions or Districts mentioned in the Second Schedule to this Act, unless the Second and Third Readings of such Bill have been passed in the Legislative Assembly with the concurrence of the Majority of the Members representing all those Electoral Divisions or Districts, and the Assent shall not be given to such Bill unless an Address has been presented by the Legislative Assembly to the Lieutenant Governor stating that it has been so passed.

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First Session of

Town of Sherbrooke.

3.-ONTARIO AND QUEBEC.

81. The Legislatures of Ontario and Quebec respectively Legislatures. shall be called together not later than Six Months after the Union.

Summoning of

Legislative As

82. The Lieutenant Governor of Ontario and of Quebec semblies. shall from Time to Time, in the Queen's Name, by Instrument under the Great Seal of the Province, summon and call together the Legislative Assembly of the Province.

Restriction on election of

In Lenoir v. Ritchie, 15 Can. L. J. N. S. 315, Gwynne, J., said: The use of Her Majesty's name by the Provincial Legislature, is, by the Act, confined to the summoning and calling together the Legislatures, and singularly, as it seems, this is by Sec. 82, rather by accident I apprehend, than design, confined to the Lieutenant Governors of Ontario and Quebec.

83. Until the Legislature of Ontario or of Quebec otherholders of office. Wise provides, a Person accepting or holding in Ontario or in Quebec any Office, Commission, or Employment, permanent or temporary, at the Nomination of the Lieutenant Governor, to which an annual Salary, or any Fee, Allowance,

Emolument, or Profit of any Kind or Amount whatever from the Province is attached, shall not be eligible as a Member of the Legislative Assembly of the respective Province, nor shall he sit or vote as such; but nothing in this Section shall make ineligible any Person being a Member of the Executive Council of the respective Province, or holding any of the following Offices, that is to say, the Offices of Attorney General, Secretary and Registrar of the Province, Treasurer of the Province, Commissioner of Crown Lands, and Commissioner of Agriculture and Public Works and in Quebec Solicitor General, or shall disqualify him to sit or vote in the House for which he is elected, provided he is elected while holding such office.

existing Elec

84. Until the Legislatures of Ontario and Quebec res- Continuance of pectively otherwise provide, all Laws which at the Union are tion laws. in force in those Provinces respectively, relative to the following matters, or any of them, namely,-the Qualifications and Disqualifications of Persons to be elected or to sit or vote as Members of the Assembly of Canada, the Qualifications or Disqualifications of Voters, the Oaths to be taken by Voters, the Returning Officers, their Powers and Duties, the Proceedings at Elections, the Periods during which such Elections may be continued, and the Trial of controverted Elections and the Proceedings incident thereto, the vacating of the Seats of Members, and the issuing and execution of new Writs in case of Seats vacated otherwise than by Dissolution -shall respectively apply to Elections of Members to serve in the respective Legislative Assemblies of Ontario and Quebec.

Provided that, until the Legislature of Ontario otherwise provides, at any Election for a Member of the Legislative Assembly of Ontario for the district of Algoma, in addition to Persons qualified by the Law of the Province of Canada to vote, every Male British Subject, aged Twenty-one Years or upwards, being a Householder, shall have a Vote.

In Lacroix v. Delisle (2 R. C. 233), held on demurrer :

That Section 84, which refers to the election laws of the former

Province of Canada, not having made mention of the penalties imposed by C. S. C., ch. 6, against public officers voting at Parliamentary elections, these penalties no longer exist according to the maxim expressio unius exclusio est alterius; and that in any case these penalties would not apply to officers of customs, voting at Provincial elections, as they were appointed by the Federal Government exclusively.

The case was afterwards brought before the Court of Review, in Montreal, and this judgment was reversed. There were, however, no further proceedings, the case having been settled.

Another case, Barthe v. Chevalier, was shortly after submitted to the Superior Court, in the District of Richelieu. The defendant, a Registrar of Deels, appointed by the Provincial Government of Quebec, was prosecuted for having voted at an election of a member for the Commons of Canada. Justice Loranger, following the decision of the Court of Review, condemued the defendant to pay a penalty of $2,000.

Mr.

The case was brought before the Queen's Bench, sitting at Montreal; but before it came up for hearing a third case of a similar nature had originated in the District of Gaspé, Hamilton vs. Beauchène, and was decided by the Appellate Court of Queen's Bench, sitting in Quebec. Beauchène, being a tide-waiter" and searcher in Her Majesty's Customs, voted at an election of a member for the Legislative Assembly of the Province of Quebec. He was sued for the penalty of $2,000 imposed by sections 1 and 2 of ch. 6, C. S. C. The action was dismissed on demurrer, on the ground that the defendant being an officer of the Dominion Government, he was not disqualified from voting at the election of a local member.

In appeal, this judgment was confirmed, on the 8th March, 1875, the Court holding that there was no penalty imposed by the B. N. A. Act (sect. 84 and 130). In delivering the judgment, C. J. Sir A. A. Dorion cited:

Savage vs. Deacon and Smythe & Deacon, (22 U. C., C. P., p. 441.) The judgment was confirmed without altering the reasons contained in it. In Savage v. Deacon (22 U. C., C. P., p. 441), Held:

That a city postmaster in the Province of Ontario was not liable to a penalty for voting at an election for a member of the Dominion House of Commons.

Galt, J., in delivering the Judgment of the Court, said, as the law stood at the time of the passing of the B. N. A. Act 1867, any postmaster of any city in Upper Canada divided into wards, was prohibited from voting under a penalty of two thousand dollars. By the Federal Post Office Act, 31 Vict. c. 10, all laws in force respecting the Postal Service at the date of Confederation except as to past matters were declared to be repealed. This repeal put an end to the disqualifications of

postmasters under the former Act. As to the provision in the Dominion
Act of 1871 declaring generally that the laws in force in the different
Provinces at the Union relative to
elections shall continue to
apply to elections (with certain exceptions), such a provision could not
by itself revive a highly penal clause in a repealed Statute.

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gislative Assem

85. Every Legislative Assembly of Ontario and every Duration of LeLegislative Assembly of Quebec shall continue for Four Years blies. from the Day of the Return of the Writs for choosing the same (subject nevertheless to either the Legislative Assembly of Ontario or the Legislative Assembly of Quebec being sooner dissolved by the Lieutenant Governor of the Province), and no longer.

of Legislature.

86. There shall be a session of the Legislature of Ontario Yearly Session and of that of Quebec once at least in every Year, so that Twelve Months shall not intervene between the last Sitting of the Legislature in each Province in one Session and its first Sitting in the next Session.

rum, &c.

87. The following provisions of this Act respecting the Speaker, quoHouse of Commons of Canada shall extend and apply to the Legislative Assemblies of Ontario and Quebec, that is to say, -the Provisions relating to the Election of a Speaker originally and on vacancies, the Duties of the Speaker, the Absence of the Speaker, the Quorum, and the Mode of Voting, as if those Provisions were here re-enacted and made applicable in Terms to each such Legislative Assembly.

4.-NOVA SCOTIA AND NEW BRUNSWICK.

Legislatures of

and New Bruns

88. The Constitution of the Legislature of each of the Constitutions of Provinces of Nova Scotia and New Brunswick shall, subject Nova Scotia to the Provisions of this Act, continue as it exists at the Union wick. until altered under the Authority of this Act; and the House of Assembly of New Brunswick existing at the passing of this Act shall, unless sooner dissolved, continue for the Period for which it was elected.

5.-ONTARIO, QUEBEC, AND NOVA SCOTIA.

89. Each of the Lieutenant Governors of Ontario, Quebec, First Elections. and Nova Scotia shall cause Writs to be issued for the First

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