# An Act to declare certain persons therein mention indemnified for having sat and voted as Members of the House of Commons, while holding certain offices under the Crown

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Source: Early Canada Online

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An Act to declare certain persons therein mention indemnified for having sat and voted as Members of the House of Commons, while holding certain offices under the Crown.
       Preamble.
             B. N. A. Act recited.
             Case of Members of the Dominion Government.
             Case of Members of the Provincial Governments of Ontario and Quebec.
       1. The several persons mentioned in the Preamble declared capable of sitting and voting and indemnified for haying sat and voted.
       2. E. M. McDonald, of Lunenburgh, declared eligible.
31 Victoria, c. 26 (Canada)
An Act to declare certain persons therein mention indemnified for having sat and voted as Members of the House of Commons, while holding certain offices under the Crown
[Assented to 22nd May, 1868.]
and whereas also, the several persons hereinafter mentioned while holding the offices hereinafter mentioned, respectively, and being at the same time Members of Her Majesty's Executive Council for the Province in which they hold such offices, respectively, were elected Members of the House of Commons, that is to say : the Honorable Pierre Joseph Olivier Chauveau, while holding the offices of Secretary and Registrar and Minister of Public instruction for the Province of Quebec, was elected Member for the County of Quebec,—the Honorable Christopher Dunkin, while holding the office of Treasurer for the said Province, was elected Member for the County of Brome,—the Honorable Joseph Octave Beaubien, while holding the office of Commissioner of Crown Lands for the said Province, was elected Member for the County of Montmagny,—the Honorable Louis Archambault, while holding the office of Commissioner of Agriculture and Public Works for the said Province, was elected Member for the County of L'Assomption,—the Honorable George Irvine, while holding the office of Solicitor General for the said Province, was elected Member for the County of Megantic,— the Honorable John Sandfield Macdonald, while holding the office of Attorney General for the Province of Ontario, was elected Member for the Town of Cornwall,—the Honorable Edmund Burke Wood, while holding the office of Treasurer for the said Province, was elected Member for the North Riding of the County of Brant,—and the Honorable John Carling, while holding the office of Commissioner of Agriculture and Public Works for the said Province, was elected Member for the City of London,—and the said persons being so elected, have, since such election, sat and voted in the said House of Commons as Members thereof ; and whereas the said offices, although they are offices of trust and emolument under the Crown, are not offices in or of the Dominion of Canada, or subject to the control of the Government thereof, and it is in no wise inconsistent with the spirit and intent of the laws of the late Province of Canada referred to as aforesaid in the British North America Act of 1867, that the persons holding them should sit and vote in the said House of Commons : and whereas it is expedient to remove all doubts touching the matters aforesaid, and to declare the persons hereinbefore mentioned to have been and to be capable of being elected and of sitting and voting as Members of the House of Commons, notwithstanding their holding the said offices, and to be indemnified for having so done : Therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, declares and enacts as follows :
1. Each of the several persons mentioned in the preamble to this Act is hereby declared to have been and to be capable of being elected and of sitting and voting in the House of Commons as a Member thereof, notwithstanding his having held or holding at the time of his election or of his so sitting and voting, the office mentioned in the preamble as having been or being held by him, and notwithstanding that any salary may heretofore have been paid, or may hereafter be legally attached to the said offices or any of them, provided he was not, and so long as he shall not be, otherwise disqualified ; and each of the said persons shall be and is hereby indemnified and exonerated from all liability to any penalty or otherwise for having so sat and voted or for so sitting and voting while not otherwise disqualified as aforesaid.
2. And whereas Edward Mortimer McDonald, Esquire, after having been elected a Member of the House of Commons for the County of Lunenburgh, in the Province of Nova Scotia, accepted from the Government of that Province the office of Queen's Printer for the same, and has since sat and voted in the House of Commons as a Member thereof, it is hereby declared, that he has been and is capable of so sitting and voting notwithstanding his acceptance of the said office.
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