39. THE UNION ACT (1840).

=Source.=--_Documents Illustrative of the Canadian Constitution_,

edited by William Houston. Toronto, 1891.

Whereas it is necessary that provision be made for the good

government of the provinces of Upper and Lower Canada, in such

manner as may secure the rights and liberties and promote the

interests of all classes of her Majesty's subjects within the same:

And whereas to this end it is expedient that the said provinces

be reunited to form one province for the purposes of executive

government and legislation....

III. ... from and after the reunion of the said two provinces there

shall be within the Province of Canada one Legislative Council and

one Assembly....

IV. ... for the purpose of composing the Legislative Council ... it

shall be lawful for her Majesty ... to authorise the Governor in

her Majesty's name, by an instrument under the Great Seal of the

said Province, to summon to the said Legislative Council ... such

persons, being not fewer than twenty, as her Majesty shall think

fit....

V. ... every member of the Legislative Council ... shall hold his

seat therein for the term of his life....

XII. ... in the Legislative Assembly ... the parts of the said

Province which now constitute the provinces of Upper and Lower

Canada respectively, shall ... be represented by an equal number

of representatives to be elected for the places and in the manner

hereinafter mentioned....

XXXI. ... there shall be a session of the Legislative Council and

Assembly ... once at least in every year ... every Legislative

Assembly ... shall continue for four years from the day of the

return of the writs for choosing the same, and no longer, subject

nevertheless to be sooner prorogued or dissolved by the Governor of

the said Province.

(_Compare with IV. the Amendment Act of 1854._)

It shall be lawful for the Legislature of Canada ... to alter the

manner of composing the Legislative Council ... and to make it

consist of such number of members appointed or to be appointed

or elected by such persons and in such manner as to the said

Legislature may seem fit....

(In accordance with this enabling Act of Parliament, a Canadian Act

for making the Council elective was passed in 1856.)

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