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STATUTES OF CANADA

PASSED IN THE SESSION HELD IN THE

THIRTY-FIRST YEAR OF THE REIGN OF HER MAJESTY

QUEEN VICTORIA,

BEING THE FIRST SESSION OF THE FIRST PARLIAMENT OF CANADA.

Begun and holden at Ottawa, on the Sixth day of November, and adjourned
on the Twenty-first December, 1867, to the Twelfth March following.

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THE RIGHT HONORABLE CHARLES STANLEY VISCOUNT MONCK
GOVERNOR GENERAL.

OTTAWA:

PRINTED BY MALCOLM CAMERON,

LAW PRINTER TO THE QUEEN'S MOST EXCELLENT MAJESTY.

Anno Domini, 1868.

MAL

ANNO TRICESIMO-PRIMO

VICTORIE REGINÆ.

CAP. XXII.

An Act for continuing the Parliament of Canada, in case of the demise of the Crown.

[Assented to 22nd May, 1868.]

WHEREAS the peace, welfare and security of this Domi- Preamble.

nion, might be exposed to great dangers, if the Parliament of Canada should be dissolved by the demise of Our Sovereign Lady, Queen Victoria, (whom God long preserve) or by the demise of any of Her Majesty's Heirs and Successors: For remedy thereof, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. No Parliament of Canada, heretofore or hereafter sum- Parliament not moned, or called by our Sovereign Lady the Queen, or Her to be dissolved by demise of Heirs and Successors, shall determine or be dissolved by the the Crown. demise of the Crown, but such Parliament shall continue, and may meet, convene and sit, proceed and act, notwithstanding such demise of the Crown, in the same manner as if such demise had not happened.

2. Nothing in the next preceding section shall alter or Right to proabridge the power of the Crown, to prorogue or dissolve the rogue, &c., Parliament of Canada.

not affected.

САР.

Preamble.

Privileges, &c.

as those of the

House of Com

CAP. XXIII.

An Act to define the privileges, immunities and powers of the Senate and House of Commons, and to give summary protection to persons employed in the publication of Parliamentary Papers.

[Assented to 22nd May, 1868.] ER Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as

follows:

1. The Senate and the House of Commons respectively, and to be the same the Members thereof respectively, shall hold, enjoy and exercise such and the like privileges, immunities and powers as, at the time of the passing of the British North America Act, 1867, were held, enjoyed and exercised by the Commons House of Parliament of the United Kingdom of Great Britain and Ireland, and by the Members thereof, so far as the same are consistent with and not repugnant to the said Act.

mons of the United Kingdom, at the passing of the Union

Act.

Such privileges to be noticed judicially.

Printed copy of

evidence there

of.

2. Such privileges, immunities and powers shall be deemed to be and shall be part of the General and Public Law of Canada, and it shall not be necessary to plead the same, but the same shall in all Courts in Canada and by and before all Judges be taken notice of judicially.

3. Upon any inquiry touching the privileges, immunities journals to be and powers of the Senate and of the House of Commons or of any Member thereof respectively, any copy of the Journals of the Senate, or House of Commons, printed or purporting to be printed by the order of the Senate or House of Commons, shall be admitted as evidence of such Journals by all Courts, Justices, and others, without any proof being given that such copies were so printed.

In suit, &c., for

poris, &c.,
Court or
Judge to stay
proceedings, on
proof that the
publication

was by autho-
rity of either
House.

4. Any person who shall be a Defendant in any Civil or publishing re- Criminal proceedings commenced or prosecuted in any manner soever for or on account of or in respect of the publication of any report, paper, votes or proceedings, by such person or by his servant, by or under the authority of the Senate or House of Commons, may bring before the Court in which such proceedings shall be so commenced or prosecuted or before any Judge of the same, first giving twenty-four hours' notice of his intention so to do to the prosecutor or plaintiff in such proceeding or to his Attorney or Solicitor, a certificate under the hand of the Speaker or Clerk of the Senate or House of Commons, as the case may be, stating that the report, paper, votes or proceedings as the case may be, in respect whereof such Civil or Criminal proceedings shall have been commenced or prosecuted, was or were published by such person or by his. servant,

servant, by order or under the authority of the Senate or House of Commons, as the case may be, together with an affidavit verifying such certificate; and such Court or Judge shall thereupon immediately stay such Civil or Criminal proceedings, and the same and every Writ or Process issued therein shall be and shall be deemed and taken to be finally put an end to, determined and superseded by virtue of this Act.

menced here

after.

5. In case of any Civil or Criminal Proceedings hereafter The like in to be commenced or prosecuted for or on account or in respect cases comof the publication of any copy of such report, paper, votes or proceedings, the defendant at any stage of the proceedings may lay before the Court or Judge, such report, paper, votes or proceedings, and such copy, with an affidavit verifying such report, paper, votes or proceedings, and the correctness of such copy, and the Court or Judge shall immediately stay such Civil or Criminal proceedings, and the same and every Writ or Process issued therein, shall be and shall be deemed to be finally put an end to, determined and superseded by virtue of this Act.

under the plea

6. It shall be lawful in any Civil or Criminal proceeding to What proof be commenced or prosecuted for printing any extract from or may be made abstract of any such report, paper, votes or proceedings, to give in evidence under the general issue or denial, such report, paper, votes or proceedings, and to show that such extract or abstract was published bona fide and without malice, and if such shall be the opinion of the Jury, a Verdict of not guilty shall be entered for the Defendant.

CAP. XXIV.

An Act to provide for Oaths to Witnesses being administered in certain cases for the purposes of either House of Parliament.

[Assented to 22nd May, 1868.]

;

of general
issue, in action
for publishing
extracts, &c.,
of such reports,

&c.

HEREAS it is expedient that the Senate should have Preamble. whereas it is also expedient that evidence taken before any Select Committee of either House of Parliament on a Private Bill, should be available, if desired, before the Committee of the other House to which the same Bill is referred, and that for this purpose the Select Committees of the Senate and of the House of Commons on Private Bills, should be enabled to administer an oath to the witnesses examined before them: Therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. Witnesses may be examined upon oath at the Bar of the Examination Senate, and for that purpose the Clerk of the House may on oath at Bar administer an oath to any such witness.

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