658 



PUBLIC DOCUMENTS. 



deput/ or deputies shall not affect the exercise by 

 the governor-general himself of any power, author- 

 ity, or function. 



15. The command-in-chief of the land and naval 

 militia, and of all naval and military forces, of and 

 *n Canada, is hereby declared to continue and be 

 vested in the Queen. 



16. Until the Queen otherwise directs, the seat of 

 government of Canada shall be Ottawa. 



IT. THE LEGISLATIVE POWEE. 



17. There shall be one Parliament for Canada, con- 

 sisting of the Queen, an upper house styled the 

 Senate, and the House of Commons. 



18.' The privileges, immunities, and powers to be 

 held, enjoyed, and exercised by the Senate and by the 

 House of Commons, and by the members thereof, res- 



Eectively, shall be such as are from time to time defined 

 y act of the Parliament of Canada, but so that the 

 same shall never exceed those at the passing of this 

 act held, enjoyed, and exercised by the Commons 

 House of Parliament of the United Kingdom of Great 

 Britain and Ireland, and by the members thereof. 



19. The Parliament of Canada shall be called to- 

 gether not less than six months after the union. 



20. There shall be a session of the Parliament of 

 Canada once at least in every year, so that twelve 

 months shall not intervene between the last sitting 

 of the Parliament in one session and its first sitting 

 in the next session. 



21. The senate shall, subject to the provisions of 

 this act, consist of seventy-two members, who shall 

 be styled senators. 



22. In relation to the consitution of the Senate, 

 Canada shall be deemed to consist of three divisions : 



(1.) Ontario. 



(2.^ Quebec. 



(3.) The Maritime Provinces, Nova Scotia and New 



Brunswick, 



which three divisions shall [subject to the provisions 

 of this act] be equally represented in the senate, as 

 follows : Ontario by twenty-four senators ; Quebec 

 by twenty-four senators ; and the Maritime Prov- 

 inces by twenty-four senators, twelve thereof repre- 

 senting Nova Scotia, and twelve thereof representing 

 New Brunswick. 



In the case of Quebec, each of the twenty-four 

 senators representing that Province shall be appoint- 

 ed for one of the twenty-four electoral divisions of 

 Lower Canada, specified in schedule A to Chapter I. 

 of the Consolidated Statutes of Canada. 



23. The qualifications of a senator shall be as 

 follows: 



(!.} He shall be of the full age of thirty years : 



(2.) He yhall be either a natural born subject of 

 the Queen, or a subject of the Queen natural- 

 ized by an act of the Parliament of the United 

 Kingdom of Great Britain and Ireland, or of 

 the Legislature of one of the Provinces of 

 Upper Canada, Lower Canada, Canada, Nova 

 Scotia, or New Brunswick, before the union : 

 or of the Parliament of Canada after the union. 



(3.) He shall be legally or equitably seized as of 

 freehold for his own use and benefit, of lands 

 or tenements held in free and common soccage, 

 or seized or possessed for his own use and 

 benefit of lands or tenements held in Franc- 

 alleu or in roture, within the Province for 

 which he is appointed, of the value of four 

 thousand dollars, over and above all rents, 

 dues, debts, charges, mortgages, and incum- 

 brances, due or payable out of or charged on 

 or affecting the same : 



(4.) His real and personal property shall be to- 

 gether worth four thousand dollars, over and 

 above his debts and liabilities : 



(5.) He shall be resident in the Province for wljicb 

 he is appointed: 



(G.) In the case of Quebec, he shall have his real 



Eroperty qualification in the electoral division 

 >r which he is appointed, or shall be rcsiden* 

 in that division. 



24. The governor-general shall, from time to time, 

 in the Queen's name, by instrument under the great 

 seal of Canada, summon qualified persons to the 

 senate ; and, subject to the provisions of this act, 

 every person so summoned shall become and be a 

 member of the senate and a senator. 



25. Such persons shall be first summoned to the 

 senate as the Queen by warrant under her majesty's 

 royal sign manual thinks fit to approve, and their 

 names shall be inserted in the Queen's proclamation 

 of union. 



26. If at any time, on the recommendation of the 

 governor-general, the Queen thinks fit to direct that 

 three or six members be added to the senate, the 

 governor-general may by summons to three or six 

 qualified persons (as the case may be), representing 

 equally the three divisions of Canada, add to the 

 senate accordingly. 



27. In case of such addition being at any time 

 made, the governor-general shall not summon any 

 person to the senate, except on a further like direc- 

 tion by the Queen on the like recommendation, until 

 each of the three divisions of Canada is represented 

 by twenty-four senators, and no more. 



"28. The number of senators shall not at any time 

 exceed seventy-eight. 



29. A senator shall, subject to the provisions of 

 this act, hold his place in the senate for life. 



30. A senator may, by writing under his hand, 

 addressed to the governor-general, resign his place 

 in the senate, and thereupon the same shall be va- 

 cant. 



81. The place of a senator shall become vacant in 

 any of the following cases : 



(1.) If for two consecutive sessions of the Par- 

 liament he fails to give his attendance in the 

 senate : 



(2.) If he takes an oath or makes a declaration or 

 acknowledgment of allegiance, obedience, or 

 adherence to a foreign power, or does an act i 

 whereby he becomes a subject or citizen, or 

 entitled to the rights or privileges of a subject 

 or citizen, or a foreign power : 



(3.) If he is adjudged bankrupt or insolvent, or 

 applies for the benefit of any law relating 

 to insolvent debtors, or becomes a public 

 defaulter : 



(4.) If he is attainted of treason or convicted of 

 felony, or of any infamous crime : 



(5.) If he ceases to be qualified in respect of prop- 

 erty or of residence ; provided, that a senator 

 shall not be deemed to have ceased to be 

 qualified in respect of residence by reason 

 only of his residing at the seat of the govern- 

 ment of Canada, while holding an office under 

 that government requiring his presence there. 



82. When a vacancy happens in the senate by res- 

 ignation, death, or otherwise, the governor-general 

 shall by summons to a fit and qualified person fill the 

 vacancy. 



33. If any question arises respecting the qualifica- 

 tion of a senator or a vacancy in the senate the same 

 shall be heard and determined by the senate. 



34. The governor-general may from time to time, 

 by instrument under tho great seal. of Canada, ap- 

 point a senator to be speaker of the senate, and may 

 remove him and appoint another in his stead. 



35. Until the Parliament of Canada otherwise pro 

 vides, the presence of at least fifteen senators, in. 

 eluding the speaker, shall be necessary to consti- 

 tute a meeting of the senate for the exercise of its 

 powers. 



36. Questions arisingin the senate shall be decided 

 by a majority of voices, and the speaker shall in all 

 cases have a vote, and when the voices are equal tha 

 decision ehall be deemed to be in the nega'iv-a. 



