Vacancy in office. Replacing of Speaker in certain cases. Temporary absence of Speaker. Replacing of does not oc He exercises his functions, notwithstanding the dissolution of the Legislature, up to the time of the appointment of his successor after such dissolution. 45 V., c. 3, s. 2; 49-50 V., c. 97, s. 6; 50 V., c. 8, s. 1. 82. Should a vacancy occur in such office, the LieutenantGovernor in Council appoints another member of the Legisla tive Council to fill it. 45 V., c. 3, s. 3; 49-50 V., c. 97, s. 7. 83. If the Speaker leaves the chair during a sitting, he is replaced during his absence by the legislative councillor whom he selects as temporary president. 45 V., c. 3, s. 5; 4950 V., c. 97, s. 8. 84. If the Speaker, owing to illness or otherwise, cannot be present at the opening of a sitting, the Legislative Council, being informed thereof by the clerk, nominates another of its members temporary president to replace him during his absence from such sitting. 49-50 V., c. 97, s. 9. 85. If, for forty-eight hours consecutively, the Speaker Speaker, if he does not occupy the chair, the Legislative Council may nomicupy chair for nate another of its members temporary president to act as certain time. Speaker during the absence of the latter. 45 V., c. 3, s. 4 ; 4950 V., c. 97, s. 10. Speaker not 86. The Speaker cannot be a member of the Executive to be member Council of the Province. 45 V., c. 3, s.7; 49-50 V., c. 97, s. 11. of Executive Council. Appointment of clerk, &c. Appointment § 3.-Appointment of Officers of the Legislative Council. 87. The clerk of the Legislative Council and the gentleman usher of the black rod are appointed by the LieutenantGovernor in Council. 50 V., c. 8, s. 2. 88. The assistant clerk of the Legislative Council is of assistant appointed by the Lieutenant-Governor in Council upon the recommendation of the Legislative Council. 50 V., c. 8, s. 3. clerk. Removal of officers appointed by LieutenantGovernor. 89. The officers of the Legislative Council appointed by the Lieutenant-Governor in Council can only be dismissed upon an address from the Legislative Council. 50 V., c. 8 s. 4 SECTION III. LEGISLATIVE ASSEMBLY. § 1. Representation. 90. The Legislative Assembly of Quebec is composed of of Legislative sixty-five members. B. N. A. Act, 1867, s. 80: 49-50 V., c. 97, Composition Assembly. electoral 91. Each of the electoral districts of the counties of Argen- Districts teuil, Bagot, Beauce, Beauharnois, Bellechasse, Berthier, Bona- forming an venture, Brome, Chambly, Champlain, Charlevoix, Chateau- college. guay, Compton, Deux Montagnes (Two Mountains), Dorchester, Gaspé, Hochelaga, Huntingdon, Iberville, Jacques Cartier, Joliette, Kamouraska, Laprairie, L'Assomption, Laval, Levis, L'Islet, Lotbinière, Maskinongé, Megantic, Missisquoi, Montcalm, Montmagny, Montmorency, Napierville, Nicolet, Ottawa, Pontiac, Portneuf, Quebec, Richelieu, Rimouski, Rouville, Shefford, Soulanges, Stanstead, St. Hyacinthe, St. John's, St. Maurice, Temiscouata, Terrebonne, Vaudreuil, Verchères, and Yamaska, forms an electoral college and sends one member to represent it in the Legislative Assembly. C. S. C., c. 2, s. 10; 49-50 V., c. 97, s. 13. one electoral 92. The united electoral districts of the counties of Chi- United discoutimi and Saguenay form one electoral college, and so do tricts forming likewise the united electoral districts of the counties of Drum- college. mond and Arthibiska, and the united electoral districtsof the counties of Richmond and Wolfe. Each of these three electoral colleges sends one member to Represented represent it in the Legislative Assembly. C. S. C., c. 2, ss. 7 by one memand 10; 49-50 V., c. 97, s. 14. ber each. colleges. 93. Each of the three electoral districts of the city of Cities formMontreal, of the three electoral districts of the city of Quebec, ing electoral and of the electoral districts of the cities of Sherbrooke and Three Rivers, form one electoral college and sends one member to represent it in the Legislative Assembly. C. S. C., c. 2, s. 10; 23 V., c. 1, ss. 1, 2 and 4; 49-50 V., c. 97, s. 15. § 2. Eligibility. 94. A member of the Legislative Assembly must be Qualification twenty-one years of age, of the male sex, a subject of Her of members. Majesty by birth or naturalization, and free from all legal disability. 45 V., c. 7, s. 1; 49-50 V., c. 97, s. 16. See article 287 of these Revised Statutes. § 3. Incompatibility. 95. No legislative councillor is eligible as a member of Legislative the Legislative Assembly, nor can he sit therein or vote as councillor such. 32 V., c. 3, s. 1; 49-50 V., c. 97, s. 17. cannot be member of Assembly. 96. No member of the Senate or of the House of Commons Senators, & c., of Canada is eligible as a member of the Legislative Assem- cannot be bly, nor can he sit therein or vote as such. 37 V., c. 4, s. 1 Assembly. 49-50 V., c. 97, s. 18. members of 97. Any member of the Legislative Assembly, who con- Member sents to become a candidate at any election for the House of becoming Commons or who accepts the office of senator, vacates his Commons or candidate for a senator, va- seat and ceases to be a member and cannot sit or vote as such. cates his seat, 37 V., c. 4, s. 2; 49-50 V., c. 97, s. 19. &c. Penalty for infractions of articles 96 or 97. Who may 98. Whoever infringes the provisions of articles 96 or 97 incurs a penalty of one thousand dollars for each day he sits or votes. Such sum may be recovered by any person who sues recover such therefor before any competent court. 37 V., c. 4, s. 3; 49-50 V. c. 97, s. 20. sum. Persons found guilty of corrupt practices at an election ineligible. Proviso. Member may verbally resign his seat. Entry to be Warrant for Member may resign in writing by § 4.-Disqualification. 99. Whosoever has, by any tribunal for the trial of election petitions, been found guilty of corrupt practices, is ineligible as a member of the Legislative Assembly, and cannot sit or vote therein during the seven years following the decision of the tribunal; but if the witnesses, on whose testimony such person has so become disqualified, or any of them, be convicted of perjury in respect of such testimony, the tribunal before which the conviction for perjury was had may relieve such person from the disqualification. 38 V., c. 7, ss. 267, 270 and 271; 49-50 V., c. 97, s. 21; 50 V., c. 10, s. 1. § 5.-Resignation of Members. 100. Any member may, in his place in the Legislative Assembly, verbally resign his seat. 32 V., c. 3, s. 8; 49-50 V. c. 97, s. 23. 101. The clerk enters such resignation in the Journals of the House, and the Speaker under his hand addresses his warrant to the Clerk of the Crown in Chancery, so that he may issue a writ for the election of a new member in the place of the member resigning; and a writ is issued accordingly. 32 V., c. 3, s. 8; 49-50 V., c. 97, s. 23. 102. Any member may likewise, during a session or in the interval between two sessions, address and cause to be delivdeclaration to ered to the Speaker a declaration resigning his seat, by a Speaker. writing under his hand before two witnesses. Warrant for tion. Upon the reception of such declaration, the Speaker, under writ of elec- his hand, addresses his warrant to the Clerk of the Crown in Chancery, so that he may issue a writ for the election of a new member in the place of the member so resigning; and a writ is issued accordingly. Entry to be made. Resignation An entry of such declaration is afterwards made in the Journals of the House. 32 V., c. 3, s. 9; 49-50 V., c. 97, s. 24. 103. If a member wishes to resign his seat in the interval between two sessions, and there is then no Speaker, or when the sessions when Speaker is absent from the Province, or if such member is him of member between two self the Speaker, he may address and cause to be delivered to there is no two members a similar declaration. Speaker, &c. election. Upon the reception of such declaration, such two members Warrant may, under their hands, address their warrant to the Clerk of for writ of the Crown in Chancery, so that he may issue a writ for the election of a new member in the place of the member resigning; and a writ is issued accordingly. An entry of such declaration is afterwards made in the Entry to be Journals of the House. 32 V., c, 3, s. 10; 49-50 V., c. 97, s. 25, made. 104. By following any of the above proceedings, a member Effect of vacates his seat and ceases to be a member of the Legislative proceedings Assembly. 32 V,, c. 3, s. 11; 49-50 V,, c. 97, s. 26. above men tioned. 105. A member cannot resign his seat while his election is Member lawfully contested, or until after the time during which it cannot resign may by law be contested on other grounds than corruption or testation, &c. bribery. 32 V., c. 3, s. 12; 49-50 V., c. 97, s. 27. § 6. Vacancies in the Assembly. pending con new writ of election, il 106. If a vacancy happens in the Legislative Assembly by warrant by the death of any member or by his accepting any office, com- Speaker for mission or employment, or by his becoming interested in a public contract, or by becoming a candidate for the House of vacancy Commons of Canada, or by his acceptance of the office of occurs by death or senator or legislative councillor, the Speaker, on being in- otherwise. formed of such vacancy by any member in his place, or by written notice under the hands of two members, addresses his warrant to the Clerk of the Crown in Chancery, so that he may issue a writ for the election of a member to fill such vacancy; and a writ is issued accordingly. 32 V., c. 3, s. 13 ; 4950 V. c. 97, s. 28. &c. 107. If, when such vacancy happens, or if at any time after- Warrant by wards before the issue of the warrant, there is no Speaker of two members, if no Speaker, the House, or if the Speaker of the House is absent from the Province, or if the member whose seat is vacated is himself the Speaker, two members under their hands address their warrant to the Clerk of the Crown in Chancery, so that he may issue such writ; and a writ is issued accordingly. 32 V., c. 3, s. 14; 49-50 V., c. 97, s. 29. contestation 108. If such vacancy happens subsequently to a general elec- New election tion and before the first meeting of the new Legislature, the not to affect election to be held under such writ shall not affect the rights of preceding of any person entitled to contest the previous election; and one. the report of the tribunal appointed to try such previous elec- Effect of tion, if in favor of any other candidate than the person returned report upon subsequent therefor, shall void the subsequent election and entitle the election. candidate, so declared duly elected at the previous election, to Quorum. Duration Bills that must origin take his seat as if no subsequent election had taken place 32 V., c. 3, s. 15; 38 V., c. 8, s. 8; 49-50 V., c. 97, s. 30. $7.- Quorum of the Assembly. 109. The presence of fifteen members of the Legislative Assembly of this Province shall be sufficient to constitute a meeting of the House for exercising its powers; for such purpose the Speaker shall be reckoned as a member. 1867, ss. 48, 87 and 92; 51-52 V., c. 4., s. 1. S 8.-Duration of the Assembly. B. N. A. 110. Every Legislative Assembly shall continue for five years from the day of the return of the writs for the general election of members; but the Lieutenant-Governor has always the right of dissolving it sooner if he deems it advisable. 44-45 V., c. 7, ss. 1 and 2; 49-50 V., c. 97, s. 31. $9.-Fiscal Legislation. 111. As provided by the British North America Act, 1867. ate in Legis every bill for the appropriation of public moneys, or for the lative Assem- imposition of taxes, or for the creation of imposts, must originate in the Legislative Assembly. B. N. A. Act, 1867. ss. 53 and 90; 49-50 V., c. 97, s. 32. bly. Governor Message from 112. As provided by the British North America Act, 1867, Lieutenant- the Legislative Assembly does not adopt or pass any vote, resolution, address or bill for the appropriation of any money certain cases. forming part of the consolidated revenue fund, or for the appro required in priation of any tax or impost to any purpose, which has not been first recommended by message of the Lieutenant-Governor during the session in which such vote, resolution, address or bill is proposed. B. N. A. Act, 1867, ss. 54 and 90; 31 V., c. 9, & 5; 49-50 V., c. 97, s. 33. § 10.--Speaker of the Assembly. Temporary 113. If the Speaker of the Legislative Assembly leaves the president of chair during a sitting, he shall call a member to the chair as Assembly in certain cases. temporary president, to act as Speaker during the remainder of the day, unless the Speaker himself resume the chair before the close of the sitting. 31 V., c. 4, s. 1 ; 49-50 V., c. 97, s. 34. Temporary Deputy 2. If the Speaker, owing to illness or otherwise, cannot be present at the opening of a sitting, the Legislative Assembly, being informed thereof by the clerk, nominates another of its members temporary president to replace him during his absence from such sitting. 49-50 V., c. 97, s. 35. 3. If, at any time during a session of the Legislature, for any Speaker may reason whatsoever, the Speaker of the Legislative Assembly is be elected in |