Provided nevertheless, that it shall be lawful for His Majesty, his heirs or successors, to make such provision out of the rest of the said accustomed dues and rights, for the encouragement of the Protestant religion, and for the maintenance and support of a Protestant clergy within the said province, as he or they shall, from time to time, think necessary and expedient.

Provided always, and be it enacted, that no person, professing the religion of the church of Rome, and residing in the said province, shall be obliged to take the oath required by the said statute passed in the first year of the reign of Queen Elizabeth, or any other oaths substituted by any other Act in the place thereof; but that every such person who by the said statute is required to take the oath therein mentioned, shall be obliged, and is hereby required, to take and subscribe the following oath before the Governor, or such other person in such court of record as His Majesty shall appoint, who are hereby authorized to administer the same; videlicet,

I, A. B., do sincerely promise and swear, that I will be faithful, and bear true allegiance to His Majesty King George, and him will defend to the utmost of my power, against all traiterous conspiracies and attempts whatsoever, which shall be made against his person, crown, and dignity; and I will do my utmost endeavour to disclose and make known to His Majesty, his heirs and successors, all treasons, and traiterous conspiracies, and attempts, which I shall know to be against him, or any of them; and all this I do swear without any equivocation, mental evasion, or secret reservation, and renouncing all pardons and dispensations from any power or person whomsoever to the contrary.

So help me GOD.

And every such person, who shall neglect or refuse to take the said oath before mentioned, shall incur and be liable to the same penalties, forfeitures, disabilities, and incapacities, as he would have incurred and been liable to for neglecting or refusing to take the oath required by the said statute passed in the first year of the reign of Queen Elizabeth.

And be it further enacted by the authority aforesaid, that all His Majesty's Canadian subjects within the province of Quebec, the religious orders and communities only excepted, may also hold and enjoy their property and possessions, together with all customs and usages relative thereto, and all other their civil rights, in as large, ample, and beneficial manner, as if the said proclamation, commissions, ordinances, and other acts and instruments, had not been made, and as may consist with their allegiance to His Majesty, and subjection to the Crown and Parliament of Great Britian; and that in all matters of controversy, relative to property and civil rights, resort shall be had to the laws of Canada, as the rule for the decision of the same; and all causes that shall hereafter be instituted in any of the courts of justice, to be appointed within and for the said province, by His Majesty, his heirs and successors, shall, with respect to such property and rights, be determined agreeably to the said laws and customs of Canada, until they shall be varied or altered by any ordinances that shall, from time to time, be passed in the said

province by the Governor, Lieutenant-Governor, or Commander-in-Chief, for the time being, by and with the advice and consent of the Legislative Council of the same, to be appointed in manner hereinafter mentioned.

Provided always, that nothing in this Act contained shall extend, or be construed to extend, to any lands that have been granted by His Majesty, or shall hereafter be granted by His Majesty, his heirs and successors, to be holden in free and common soccage.

Provided also, that it shall and may be lawful to and for every person that is owner of any lands, goods, or credits, in the said province, and that has a right to alienate the said lands, goods, or credits, in his or her life-time, by deed of sale, gift, or otherwise, to devise or bequeath the same at his or her death, by his or her last will and testament; any law, usage, or custom, heretofore or now prevailing in the province to the contrary hereof in anywise notwithstanding; such will being executed, either according to the laws of Canada, or according to the forms prescribed by the laws of England.

And whereas the certainty and lenity of the criminal law of England, and the benefits and advantages resulting from the use of it, have been sensibly felt by the inhabitants, from an experience of more than nine years, during which it has been uniformly administered; be it therefore further enacted by the authority aforesaid, that the same shall continue to be administered, and shall be observed as law in the province of Quebec, as well in the description and quality of the offence as in the method of prosecution and trial; and the punishments and forfeitures thereby inflicted to the exclusion of every other rule of criminal law, or mode of proceeding thereon, which did or might prevail in the said province before the year of our Lord one thousand seven hundred and sixty-four; anything in this Act to the contrary thereof in any respect notwithstanding; subject nevertheless to such alterations and amendments as the Governor, Lieutenant-Governor, or Commander-in-Chief for the time being, by and with the advice and consent of the Legislative Council of the said province, hereafter to be appointed, shall, from time to time, cause to be made therein, in manner hereinafter directed.

And whereas it may be necessary to ordain many regulations for the future welfare and good government of the province of Quebec, the occasions of which cannot not now be foreseen, nor, without much delay and inconvenience, be provided for, without intrusting that authority, for a certain time, and under proper restrictions, to persons resident there: and whereas it is at present inexpedient to call an Assembly; be it therefore enacted by the authority aforesaid, that it shall and may be lawful for His Majesty, his heirs and successors, by warrant under his or their signet or sign manual, and with the advice of the Privy Council, to constitute and appoint a Council for the affairs of the province of Quebec, to consist of such persons resident there, not exceeding twenty-three, nor less than seventeen, as His Majesty, his heirs and successors, shall be pleased to appoint; and, upon the death, removal, or absence, any of the members of the said Council in like manner to constitute and appoint such and so many other person or persons as shall be necessary to supply the vacancy or vacancies; which Council, so appointed and nominated, or the

major part thereof, shall have power and authority to make ordinances for the peace, welfare, and good government of the said province, with the consent of His Majesty's Governor, or in his absence of the Lieutenant-Governor, or Commander-in-Chief for the time being.

Provided always, that nothing in this Act contained shall extend to authorize or empower the said Legislative Council to lay any taxes or duties within the said province, such rates and taxes only excepted as the inhabitants of any town or district within the said province may be authorized by the said Council to assess, levy, and apply, within the said town or district, for the purpose of making roads, erecting and repairing public buildings, or for any other purpose respecting the local convenience and economy of such town or district.

Provided also, and be it enacted by the authority aforesaid, that every ordinance so to be made, shall, within six months, be transmitted by the Governor, or in his absence by the Lieutenant-Governor, or Commander-in-Chief for the time being, and laid before His Majesty for his royal approbation; and if His Majesty shall think fit to disallow thereof, the same shall cease and be void from the time that His Majesty's order in Council thereupon shall be promulgated at Quebec,

Provided also, that no ordinance touching religion, or by which any punishment may be inflicted greater than fine or imprisonment for three months, shall be of any force or effect, until the same shall have received His Majesty's approbation.

Provided also, that no ordinance shall be passed at any meeting of the Council where less than a majority of the whole Council is present, or at any time except between the first day of January and the first day of May, unless upon some urgent occasion, in which case every member thereof resident at Quebec, or within fifty miles thereof, shall be personally summoned by the Governor, or in his absence by the Lieutenant-Governor, or Commander-inChief for the time being, to attend the same.

And be it further enacted by the authority aforesaid, that nothing herein contained shall extend, or be construed to extend, to prevent or hinder His Majesty, his heirs and successors, by his or their letters patent under the great seal of Great Britain, from erecting, constituting, and appointing such courts of criminal, civil, and ecclesiastical jurisdiction within and for the said province of Quebec, and appointing, from time to time, the judges and officers thereof, as His Majesty, his heirs and successors, shall think necessary and proper for the circumstances of the said province.

Provided always, and it is hereby enacted, that nothing in this Act contained shall extend, or be construed to extend, to repeal or make void, within the said province of Quebec, any Act or Acts of the Parliament of Great Britain heretofore made, for prohibiting, restraining, or regulating, the trade or commerce of His Majesty's colonies and plantations in America; but that all and every the said Acts, and also all Acts of Parliament heretofore made concerning or respecting the said colonies and plantations, shall be, and are hereby declared to be, in force within the said province of Quebec, and every part thereof.

No. VII.

31st GEO. III., Cap. 31.

An Act to repeal certain Parts of an 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."

1. Whereas an Act was passed in the fourteenth year of the reign of His present Majesty, intituled, “An Act for making more effectual provision for the government of the province of Quebec in North America:" and whereas the said Act is in many respects inapplicable to the present condition and circumstances of the said province: and whereas it is expedient and necessary that further provision should now be made for the good government and prosperity thereof: may it therefore please your Most Excellent Majesty that it may be enacted; and be it enacted by the King'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 so much of the said Act as in any manner relates to the appointment of a Council for the affairs of the said province of Quebec, or to the power given by the said Act to the said Council, or to the major part of them, to make ordinances for the peace, welfare, and good government of the said province, with the consent of His Majesty's Governor, Lieutenant-Governor, or Commander-in-Chief for the time being, shall be, and the same is hereby repealed.

2. And 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; be it enacted by the authority aforesaid, that there shall be within each of the said provinces respectively a Legislative Council, and an Assembly, to be severally composed and constituted in the manner hereinafter described; and that in each of the said provinces respectively His Majesty, his heirs or successors, shall have power, during the continuance of this Act, by and with the advice and consent of the Legislative Council and Assembly of such provinces respectively, to make laws for the peace, welfare, and good government thereof, such laws not being repugnant to this Act; and that all such laws, being passed by the Legislative Council and Assembly of either of the said provinces respectively, and assented to by His Majesty, his heirs or successors, or assented to in His Majesty's name,

by such person as His Majesty, his heirs or successors, shall from time to time appoint to be the Governor, or Lieutenant-Governor, of such province, or by such person as His Majesty, his heirs or successors, shall from time to time appoint to administer the government within the same, shall be, and the same are hereby declared to be, by virtue of and under the authority of this Act, valid and binding to all intents and purposes whatever, within the province in which the same shall have been so passed.

3. And be it further enacted, by the authority aforesaid, that for the purpose of constituting such Legislative Council as aforesaid in each of the said provinces respectively, it shall and may be lawful for His Majesty, his heirs or successors, by an instrument under his or their sign manual, to authorize and direct the Governor or Lieutenant-Governor, or person administering the government in each of the said provinces respectively, within the time hereinafter mentioned, in His Majesty's name, and by an instrument under the great seal of such province, to summon to the said Legislative Council, to be established in each of the said provinces respectively, 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; and that it shall also be lawful for His Majesty, his heirs or successors, from time to time, by an instrument under his or their sign manual, to authorize and direct the Governor or Lieutenant-Governor, or person administering the government in each of the said provinces respectively, to summon to the Legislative Council of such province, in like manner, such other person or persons as His Majesty, his heirs or successors, shall think fit; and that every person who shall be so summoned to the Legislative Council of either of the said provinces respectively, shall thereby become a member of such Legislative Council to which he shall have been so summoned.

4. Provided always, and be it enacted by the authority aforesaid, that no person shall be summoned to the said Legislative Council, in either of the said provinces, who shall not be of the full age of twenty-one years, and a naturalborn subject of His Majesty, or a subject of His Majesty naturalized by Act of the British Parliament, or a subject of His Majesty, having become such by the conquest and cession of the province of Canada.

5. And be it further enacted by the authority aforesaid, that every member of each of the said Legislative Councils shall hold his seat therein for the term of his life, but subject nevertheless to the provisions hereinafter contained for vacating the same, in the cases hereinafter specified.

6. And be it further enacted by the authority aforesaid, that whenever His Majesty, his heirs or successors, shall think proper to confer upon any subject of the crown of Great Britain, by letters patent under the great seal of either of the said provinces, any hereditary title of honour, rank, or dignity of such province, descendible according to any course of descent limited in such letters patent, it shall and may be lawful for His Majesty, his heirs or successors, to annex thereto, by the said letters patent, if His Majesty, his heirs or successors, shall so think fit, an hereditary right of being summoned to the