4 GEORGE V., A. 1914 Wednesday, 17th February, 1802. MR. Mesnard and Mr. Bernier informed the House, that Mr. Bouc, Member for Effingham, had in their presence taken the oath, and attended at the door, and desired to be admitted to take his seat in this House. That the Clerk of the Crown in Chancery do lay before this House, the Instrument of Indenture required by Law to accompany the Return made by the Returning Officer of the County of Effingham, to the Writ issued for the Election of a Member to represent the said County in the present Provincial Parliament. Mr. Bedard moved in amendment to Mr. Coffin's motion, that all the words after "moves," be struck out, and the following substituted in lieu thereof, that Mr. Charles Baptiste Bouc to now introduced into this House," and was seconded by Mr. Tellier. Whereupon Mr. Justice De Bonne moved, seconded by Mr. Coffin, That this House do adjourn to Friday next. The House divided upon the question. Yeas 5 So it passed in the negative by a majority of Ten. The Question upon the proposed amendment being put, it was agreed to unanimously, and the question on the main motion as amended being put, it was agreed to by the House. RESOLVED, That Mr. Charles Baptiste Bouc be now introduced into this House. Accordingly Mr. Berthelot, Mr. Vondenvelden and other members, introduced the said Mr. Charles Baptiste Bouc, and he took his seat in the House. On motion of Mr. Berthelot, seconded by Mr. Tellier, * ORDERED, That the proceedings of this House on the 2d day of April, 1800, relating to Charles Baptiste Bouc, Esquire, one of the Members of this House, be now read. And the said proceedings were read. ORDERED, That the proceedings of this House on the 23d and 24th of January, 1801, relating to the said Charles Baptiste Bouc, be now read. And the said proceedings were read. ORDERED, That the proceedings of this House on the 20th of March last,' relating to the said Charles Baptiste Bouc, be now read, And the said proceedings were read, After which Mr. Bouc rose in his place and declared, that since the proceedings which have been now read, were had, he has procured the means of his Justification, and requested permission to submit the same to the House. Mr. Coffin moved, seconded by Mr. Steel, That the Clerk of the Crown in Chancery do lay before this House, the Writ issued for the election of a Member to Represent the County of Effingham with the Instrument of Indenture required by the Act of the 40th. GEO. 3d. Chap. 1st to accompany the same, and also such Return as may have been made to the said Writ by the Returning Officer of the County aforesaid. 1. See page 288. 2. Section 14 of this Act outlines the duties of the returning officer in connection with the declaration of the result of the election. SESSIONAL PAPER No. 29c Mr. Bedard moved in amendment, seconded by Mr. Berthelot, That all the words of Mr. Coffin's motion after moves," be struck out and the following substituted in lieu thereof, "That the said Charles Baptiste Bouc, Esquire, be now heard in his place, upon the means of Justification which he has to offer to this House." Mr. Bedard then moved the previous question, That the question be now put, which being agreed unto unanimously by the House, The question upon the said amendment was put and the House divided. Yeas 11 So it passed in the Negative by a majority of two. And the main question being put, the House again divided, and the names being called for, were taken down and are as follows: Yeas, Messieurs Perinault, Craigie, Menut, Mr. Justice De Bonne, Messrs 'Steel, Bell, Raby, Young, Rocheblave, McGill, Lester, Taschereau, Coffin, and Perrault. Nays, Messieurs Blais, Poulain, Boucher, Mesnard, Martineau, Tellier, Paquet, Huot, Bedard, and Berthelot. Majority of four in the affirmative. ORDERED, That the Clerk of the Crown in Chancery do lay before this House, the Writ issued for the Election of a Member to represent the County of Effingham, with the Instrument of Indenture required by the Act of the 40th GEO. 3d. Chap. 1st. to accompany the same, and also such Return as may have been made to the said Writ by the Returning officer of the County aforesaid. THE House proceeded to take into consideration the last Writ and Return* thereon of a Knight Representative of the County of Effiingham. And the said Writ and Return, with the other Documents accompanying the same, were read; The House being moved that the fourteenth section of the Provincial Act of 40th. GEO. III. Cap. 1st. as also the form No. 6, in the schedule annexed to the said Act, might be read, The same were read. Mr. Bedard moved to resolve, seconded by Mr. Berthelot, That Charles Baptiste Bouc, Esquire, is duly elected a Knight to serve in this present Provincial Parliament, for the County of Effingham. Mr. Coffin moved in amendment, seconded by Mr. Justice De Bonne, That all the words after the word "Resolve," be struck out and the following substituted, "That Thomas Porteous, Esquire, Returning Officer for the County of "Effingham, do attend this House on the ninth of March next." The House divided upon the question, Yeas 8 So it passed in the negative by a majority of five. The main question being put, it was unanimously agreed unto by the House. RESOLVED, That Charles Baptiste Bouc, Esquire, is duly elected a Knight to serve in this present Provincial Parliament, for the County of Effingham. 29c-191 4 GEORGE V., A. 1914 On motion of Mr. Bedard, seconded by Mr. Berthelot, ORDERED, That Thomas Porteous, Esquire, late Returning Officer at the last election. of a Knight to serve in the Provincial Parliament for the County of Effingham, do forthwith make and send to the Clerk of the Crown in Chancery, a proper and perfect return of Charles Baptiste Bouc, Esquire, elected a Knight to serve in the said Provincial Parliament for the said County of Effingham; and that the Clerk of the Crown in Chancery do annex the same to the Writ returned by him the said Thomas Porteous. THE Order of the day being called for, the following business was claimed as a matter of Privilege, and, as such, proceeded upon in preference to the order of the day. On motion of Mr. Bedard, seconded by Mr. Berthelot, ORDERED, That the proceedings of this House on Tuesday last, relating to Charles Baptiste Bouc, Esquire, a Member of this House, be now read. And the same were read accordingly. Mr. Bedard moved, seconded by Mr. Berthelot, That the said Charles Baptiste Bouc, Esquire, be now heard upon the means of justification which he has to submit to this House. RESOLVED, That Charles Baptiste Bouc, Esquire, be now heard upon the means of justification which he has to submit to this House. Mr. Bouc was accordingly heard in his place, and read divers affidavits and written papers, some in English and others in French, but without translations accompanying the same; and declared that he had further means of justification to bring forward, and witnesses to be heard, if permitted to produce the same. On motion of Mr. Young, seconded by Mr. Perrault, ORDERED, That the affidavits and papers read by C. B. Bouc, as part of his justification, be brought up. Accordingly nine papers were delivered in at the Table by Mr. Bouc, ORDERED, That the said papers be translated, The order of the day that Charles Baptiste Bouc, Esquire, a Member of this House, be heard by his Counsel at the Bar and by himself in his place to make good all his means of Justification and produce all the witnesses which he may of right bring forward, being read The House proceeded to take the same into consideration, Alexis Carron, Esquire, Attorney and Advocate at Law, Counsel for Mr. Bouc, appeared at the Bar and was heard in his behalf, after which he withdrew, The Attorney General moved to Resolve, seconded by the Solicitor General, That the said Charles Baptiste Bouc hath not availed himself of the Indulgence granted to him by the Resolve of the sixth instant,' that he hath not made good any of his means of Justification nor produced any witnesses which of right he might have produced. 1. On March 6th, the Assembly had ordered that Mr. Bouc be heard at the Bar of the House to make good all his means of justification, and produce all the Witnesses, which he may of right bring forward." Journals of the House of Assembly of Lower Canada, 1802. page 202. And the main question being put the House again divided, which proving to be the same as the foregoing, it was accordingly resolved in the affirmative. The Attorney General moved, seconded by the Solicitor General, to resolve, That the said Charles Baptiste Bouc, hath not shown any sufficient ground for any further extension of the Indulgence granted by the Resolve of this House of the sixth instant. And the main question being put the House again divided, which proving to be the same as the foregoing, it was accordingly resolved in the affirmative. The Attorney General moved, seconded by the Solicitor General, That the proceedings of this House of the 2d of April, 1800, of the 24th day of January, 1801, and of the 20th day of March, 1801, relating to the said Charles Baptiste Bouc, be now read, The House divided thereon, Yeas 16 Majority of eleven in the affirmative, And the said proceedings were read accordingly, The Attorney General moved to Resolve, seconded by the Solicitor General, That Charles Baptiste Bouc, a Member returned to serve in this House for the County of Effingham, be expelled this House for the reasons set forth in the Resolutions of this House of the 2d day of April, 1800, of the 24th day of January, 1801, and of the 20th day of March, 1801, relating to the said Charles Baptiste Bouc; and that he be declared disqualified and incapable of sitting or voting as a Member of this House in this present Parliament. And the same being carried in the affirmative by a majority of eleven, RESOLVED, That Charles Baptiste Bouc, a Member returned to serve in this House for the County of Effingham, be expelled this House for the reasons set forth in the resolutions of this House of the 2d day of April, 1800, of the 24th day of January, 1801, and of the 20th day of March, 1801, relating to the said Charles Baptiste Bouc; and that he be declared disqualified and incapable of sitting or voting as a Member of this House, in this present Parliament. The Attorney General moved, seconded by Mr. Solicitor General, For leave to bring in a Bill for disqualifying and restraining Charles Baptiste Bouc, from being elected and from sitting and voting as a Member of the House of Assembly1. 1. This resolution was adopted by a note of 15 to 7, and a bill was prepared in accordance therewith. On the motion for the third reading of this bill on the 23rd March, it was moved in amendment that "A Committee of five members, whereof three shall form a Quorum, be appointed to prepare and report a Bill, to disqualify and render incapable of being elected to sit or to vote as a Member of the House of Assembly, all persons who shall have been convicted, in a Court of Justice, of the crime of Conspiracy." This amendment was defeated, and the Bill for the disqualification of Bouc was read a third time and passed. Journals of the House of Assembly of Lower Canada, 1802, page 330. Preamble. 4 GEORGE V., A. 1914 AN ACT DISQUALIFYING CHARLES BOUC FROM BEING CANADA.1 ANNO QUADRAGESIMO SECUNDO GEORGII III. CAP. VII An Act for disqualifying and restraining, Charles Baptiste Bouc, from being elected, and from Sitting and Voting as a Member of the House of Assembly. (5th April, 1802.) WHEREAS, Charles Baptiste Bouc, late a Member of the House of Assembly of this Province, for the County of Effingham, upon an Indictment2 exhibited against him, in His Majesty's Court of King's Bench for the District of Montreal, was at the Session of the said Court of King's Bench, begun and holden for the said District in the City of Montreal, for the trial of all Crimes and Criminal Offences, on Friday the first day of March, which was in the Year of Our Lord Christ, One thousand seven hundred and ninety nine, convicted of the Crime of Conspiracy, with sundry others persons, unjustly and fraudulently, to obtain of one, Etienne Drouin, divers large sums of money, and in consequence of such conviction hath been, four times, expelled from the said House of Assembly. Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Assembly of the Province of Lower Canada, constituted and assembled by virtue of and under the authority of An Act passed in the Parliament of Great Britain intituled, "An Act to repeal certain parts of an Act passed in the fourteenth year of His Majesty's "reign, intituled, "An Act for making more effectual provision for "Government of the Province of Quebec in North America;" and to "make further provision for the Government of the said ProvCharles Baptiste ince," And it is hereby enacted by the authority of the same, that Bouc, disqualified the said Charles Baptiste Bouc, from and after the passing of this capable of being Act, shall be and he is hereby disqualified and rendered incapable of elected or of being elected, or of sitting or voting, as a Member of the said House sitting or voting of Assembly, until His Majesty shall be most graciously pleased to Assembly, until pardon, remit and release, the said Charles Baptiste Bouc, of and pardoned by His from the said conviction, and the legal consequences and effects Majesty. thereof. and rendered in as a Member of PLAN OF A BILL ERECTING A COURT OF CHANCERY IN UPPER CANADA,3 1. Whereas since the Division of the Province of Quebec into the two Provinces of Upper and Lower Canada many Cases have arisen and many more are likely to 1. From The Provincial Statutes of Lower Canada. 2. See page 286, note 1. 3. From the copy in the Canadian Archives, Q. 290, pt. 1, page 96A. |