Such descendible

ed, and

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 Legislative Council of such province, descendible according to the course of descent so limited with respect to such title, rank, or dignity; and that every person on whom such right shall be so conferred, or to whom such right shall severally so descend, shall thereupon be entitled to demand from the governor, lieutenant-governor, or person administering the government of such province, his writ of summons to such Legislative Council, at any time after he shall have attained the age of twenty-one years, subject nevertheless to the provisions hereinafter contained.

VII. Provided always, and be it further enacted by the right forfeit authority aforesaid, That when and so often as any person to whom such hereditary right shall have descended, shall, without the permission of his Majesty, his heirs or successors, signified to the Legislative Council of the province by the governor, lieutenant-governor, or person administering the government there, have been absent from the said province for the space of four years continually, at any time between the date of his succeeding to such right, and the time of his applying for such writ of summons, if he shall have been of the age of twenty-one years or upwards at the time of his so succeeding, or at any time between the date of his attaining the said age and the time of his so applying, if he shall not have been of the said age at the time of his so succeeding; and also when and so often as any such person shall at any time, before his applying for such writ of summons, have taken any oath of allegiance or obedience to any foreign prince or power, in every such case such person shall not be entitled to receive any writ of summons to the Legislative Council by virtue of such hereditary right, unless his Majesty, his heirs or

successors, shall at any time think fit, by instrument under his or their sign manual, to direct that such person shall be summoned to the said Council; and the governor, lieutenant-governor, or person administering the government in the said provinces respectively, is hereby authorized and required, previous to granting such writ of summons to any person so applying for the same, to interrogate such person upon oath, touching the said several particulars, before such Executive Council as shall have been appointed by his Majesty, his heirs or successors, within such province, for the affairs thereof.

VIII. Provided also, and be it further enacted by the authority aforesaid, That if any member of the Legislative Councils of either of the said provinces respectively, shall leave such province, and shall reside out of the same for the space of four years continually, without the permission of his Majesty, his heirs or successors, signified to such Legislative Council by the governor or lieutenant-governor, or person administering his Majesty's government there, or for the space of two years continually, without the like. permission, or the permission of the governor, lieutenantgovernor, or person administering the government of such province, signified to such Legislative Council in the manner aforesaid; or if any such member shall take any oath of allegiance or obedience to any foreign prince or power, his seat in such Council shall thereby become va

cant.

Seats in coun

cil vacated in

certain cases.

Hereditary rights and

seats so forcated, to re

feited or va

main sus

pended dur

ing the lives

IX. Provided also, and be it further enacted by the authority aforesaid, That in every case where a writ of summons to such Legislative Council shall have been lawfully withheld from any person to whom such hereditary right as aforesaid, shall have descended, by reason of such absence from the province as aforesaid, or of his having taken an oath of allegiance or obedience to any foreign person prince or power, and also in every case where the seat in

of the par

ties, but on

their deaths

to go to the

entitled

thereto.

next

Seats în Council for.

hereditary

guished, for

treason.

such Council of any member thereof, having such hereditary right as aforesaid, shall have been vacated by reason of any of the causes herein before specified, such hereditary right shall remain suspended during the life of such person, unless his Majesty, his heirs or successors, shall afterwards think fit to direct that he be summoned to such council; but that on the death of such person, such right, subject to the provisions herein contained, shall descend to the person who shall next be entitled thereto, according to the course of descent limited in the letters patent by which the same shall have been originally conferred.

X. Provided also, and be it further enacted by the feited, and authority aforesaid, That if any member either of the said rights extin- Legislative Councils shall be attainted for treason in any court of law within any of his Majesty's dominions, his seat in such Council shall thereby become vacant, and any such hereditary right as aforesaid then vested in such person, or to be derived to any other persons through him, shall be utterly forfeited and extinguished.

Questions respecting

be summon

1

cil, &c. to be determined

as

herein mentioned.

XI. Provided also, and be it further enacted by the the right to authority aforesaid, That whenever any question shall ed to Cou arise respecting the right of any person to be summoned to either of the said Legislative Councils respectively, or respecting the vacancy of the seat in such Legislative Council, of any person having been summoned thereto, every such question shall, by the governor, or lieutenantgovernor of the province, or by the person administering the government there, be referred to such Legislative Council, to be by the said Council heard and determined; and that it shall and may be lawful either for the person desiring such writ of summons, or respecting whose seat such question shall have arisen, or for his Majesty's attorney-general of such province in his Majesty's name, to appeal from the determination of the said Council, in such case, to his Majesty in his parliament of Great Britain;

and that the judgment thereon of his Majesty in his said parliament shall be final and conclusive to all intents and purposes whatever,

XII. And be it further enacted by the authority aforesaid, That the governor or lieutenant-governor of the said provinces respectively, or the person administering his Majesty's government therein respectively, shall have power and authority from time to time, by an instrument under the great seal of such province, to constitute, appoint, and remove the speakers of the Legislative Councils of such provinces respectively.

His Majes

ty may

au

thorize the

Governor to

the Assem

bly,

XIII. And be it further enacted by the authority aforesaid, That, for the purpose of constituting such Assembly as aforesaid, in each of the said provinces respectively, it call together 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, and thereafter from time to time, as occasion shall require, in his Majesty's name, and by an instrument under the great seal of such province, to summon and call together an Assembly in and for such province.

XIV. And be it further enacted by the authority aforesaid, That, for the purpose of electing the members of such Assemblies 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 the governor or lieutenant-governor of each of the said provinces respectively, or the person administering the government therein, within the time hereinafter mentioned, to issue a proclamation dividing such province into districts, or counties, or circles, and towns or townships, and appointing the limits thereof, and declaring and appointing the number of representatives to be chosen by each of such districts, or counties, or circles, and towns or townships respectively; and that it

and, for the electing the

purpose of

members, to

issue a providing

clamation di

the province into

districts, &c.

Power of the Governor

turning offi

nue two years

mencement

of this Act,

shall also be lawful for his Majesty, his heirs or successors, to authorize such governor or lieutenant-governor, or person administering the government, from time to time to nominate and appoint proper persons to execute the office of returning officer in each of the said districts, or counties, or circles, and towns or townships respectively; and that such division of the said provinces into districts, or counties, or circles, and towns or townships, and such declaration and appointment of the number of representatives to be chosen by each of the said districts, or counties, or circles, and towns or townships, respectively, and also such nomination and appointment of returning officers in the same, shall be valid and effectual to all the purposes of this Act, unless it shall at any time be otherwise provided by any Act of the Legislative Council and Assembly of the province, assented to by his Majesty, his heirs or suc

cessors.

XV. Provided nevertheless, and be it further enacted to appoint re- by the authority aforesaid, That the provision herein cers to conti- before contained, for empowering the governor, lieutenantfrom the com- governor, or person administering the government of the said provinces respectively, under such authority as aforesaid from his Majesty, his heirs or successors, from time to time, to nominate and appoint proper persons to execute the office of returning officer in the said districts, counties, circles, and towns or townships, shall remain and continue in force in each of the said provinces respectively, for the term of two years, from and after the commencement of this Act, within such province, and no longer; but subject nevertheless to be sooner repealed or varied by any Act of the Legislative Council and Assembly of the province, assented to by his Majesty, his heirs or successors.

No person obliged

to

serve as re.

XVI. Provided always, and be it further enacted by turning off the authority aforesaid, That no person shall be obliged once, unless to execute the said office of returning officer for any longer

cer more than

otherwise

provided by time than one year, or oftener than once, unless it shall at