A Manual of the Constitutional History of Canada from the Earliest Period to the Year 1888; Including the British North America Act, 1867, and a Digest of Judicial Decisions on Questions of Legislative Jurisdiction

from Time to Time the provisions of any law respecting the qualification of electors and members of the Legislative Assembly, and to make laws respecting elections in the said Province.

APPENDIX C.

38-39 VICTORIA.

CHAP. XXXVIII.

An Act to remove certain doubts with respect to the powers of the Parliament of Canada under Section Eighteen of the British North America Act, 1867.

[19th July, 1875.]

WHEREAS by Section Eighteen of the British North 30 and 31

America Act, 1867, it is provided as follows :

"The privileges, immunities and powers to be held, enjoyed and exercised by the Senate and by the House "of Commons, and by the Members thereof respectively, "shall be such as are from time to time defined by Act of "the Parliament of Canada, but so that the same shall never exceed those at the passing of this Act, held, enjoyed and exercised by the Commons House of Par"liament of the United Kingdom of Great Britain and "Ireland and by the members thereof."

And whereas doubts have arisen with regard to the power of defining by an Act of the Parliament of Canada, in pursuance of the said section, the said privileges, powers, or immunities: and it is expedient to remove such doubts:

Be it, therefore, enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the

Vict., c. 3.

Substitu

tion of new

Lords, Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

1. Section Eighteen of the British North America Act, Section for 1867, is hereby repealed without prejudice to anything done under that section, and the following section shall be substituted for the section so repealed.

Setlon 18

of 30 & 31

Vict., c. 3.

The privileges, immunities and powers to be held, enjoyed and exercised by the Senate and by the House of Commons, and by the Members thereof, respectively, shall be such as are from time to time defined by Act of the Parliament of Canada, but so that any Act of the Parliament of Canada defining such privileges, immunities and powers shall not confer any privileges, immunities or power exceeding those at the passing of such Act, held, enjoyed and exercised by the Commons House of Parliament of the United Kingdom of Great Britain and Ireland and by the Members thereof.

2. The Act of the Parliament of Canada passed in the thirty-first year of the Reign of Her present Majesty, chapter twenty-four, intituled "An Act to provide for oaths to witnesses being administered in certain cases for the purposes of either House of Parliament " shall be deemed to be valid, and to have been valid as from the date at which the Royal assent was given thereto by the Governor-General of the Dominion of Canada.

3. This Act may be cited as "The Parliament of Canada Act, 1875."

INDEX.

AGRICULTURE, DEPARTMENT of, 71.

Agriculture, concurrent powers of
parliament and legislatures respect-
ively, 118.

Annapolis; formerly Port Royal;
seat of government until 1749,97 n.
Appendix to this work; British North
America Act (1867); an act respect-
ing the establishment of provinces
in the dominion of Canada (34-35
Vict., c. 28); an act to remove
doubts with respect to the powers
of the parliament of Canada under
s. 18 of the B. N. A. Act (38-39
Vict., c. 38).

BLAKE, Hon. Mr. ; obtains modifica-
tions in letters patent and instruc-
tions to governor-general, 66 n.
Boundary Award; the character of
the controversy between Ontario
and the Dominion; decision of the
privy council, 156-158.

British Columbia. See Columbia
British.

British North America Act, 1867.-
(Appendix A of this work; follow-
ing figures refer to sections of the
Act:) Preliminary, 1-2; union,
3-8; executive power, 9-16; consti-
tution of parliament, 17-20; of the
senate, 21-36; of the house of
commons, 37-52; money votes, 53-
54; royal assent and disallowance
and reservation of bills, 55-57.
Provincial constitutions: Execu-
tive power, 58-68; legislative pow-
er, in Ontario, 60-70; in Quebec,
71-80; legislatures of Ontario and
Quebec, summoned, continuance of
election laws, etc., 81-87; constitu-
tions of Nova Scotia and New
Brunswick, 88; first elections in

British North Am. Act-Continued.

provinces, 89; application to legis-
latures of provisions respecting
money votes, etc., 90. Distribution
of legislative powers: Of parlia
ment, 91; of provincial legisla
tures, 92; education, 93. Unifor-
mity of laws in Ontario, Nova Sco-
tia and New Brunswick, 94. Agri-
culture and immigration, 95. Judi-
cature, 96-101. Revenues, debts,
assets, taxation, 102-126. Miscel
laneous provisions: As to legisla-
tive councillors of provinces be-
coming senators, 127; oath of allegi-
ance, how administered, 128; con-
tinuance of existing laws, courts,
officers, etc., 129; transfer of offi-
cers to Canada, 130; appointment
of new officers, 131; treaty obliga-
tions, 132; use of English and
French languages, 133; appoint-
ment of executive officers for On-
tario and Quebec, 134; powers and
duties of executive officers, 135;
great seals, 136; construction of
temporary acts, 137; as to errors in
names, 138; as to issue of procla
mations before union, to commence
after union, 139; as to issue of pro-
clamations after union, 140; peni-
tentiary, 141; arbitration respect-
ing debts, 142: division of records,
143 constitution of townships in
Quebec, 144. Intercolonial rail-
way, 145. Admission of other colo-
nies, 146-147. Schedules: I. Elec-
toral districts of Ontario, II. Elec-
toral districts of Quebec; III.
Provincial public works and pro-
perty to be the property of Canada;
IV. Assets to be the property of
Ontario and Quebec conjointly; V.
Oath of allegiance and declaration
of qualification. Acts in amend-
ment thereof, 34-35 Vict., c. 28;
38-39 Vict., c. 38.

CAPE BRETON; ceded to Great Bri-
tain; under government of Nova
Scotia, 96, n.

Capitulation of Canada; terms of in
1760, 7.

Census of Canada; in 1760-'90, 18 n:
in 1839-44, 50 n; in 1881, 86 n.
Chatham, Earl of; opposes Quebec
Act, 13.

Civil Code; in province of Quebec,
170.

Civil List; control of, 33, 45,

Civil Service; legislation respecting,
43-45.

Clergy Reserves; their origin, 23;
question settled, 41-42.

Colborne, Sir John; administrator,
30; establishes rectories, 42.

Colonies of Canada; responsible gov-
ernment in, 36-40.

Columbia, British; admission of, 60;
constitution of local legislature,
101-102.

Common Law of England; in use in
Canada, 171.

Commons, House of; its constitution,
75; representation therein, 81-86;
franchise for elections, 85, 87;
powers and privileges under Brit-
ish North America Act (see ss. 37-
52 B. N. A. Art, 1867, app. to this
work); use of the French language
therein, Ib. s. 133.

Confederation of Canada; brief his-
tory of its origin, 52-61.

Congress, American; declares against
Quebec Act, 13 n.

Consolidated Fund; charges on, 36
(Union Act, 1840) 88 (B.N.A. Act,
1867).

Constitution of the United States;
compared with that of Canada,
115-116.

Constitutional Act, 1790: provinces of
Upper and Lower Canada, e-tab-
lished by its provisions, 17-25;
history of its operation, 25-29; sus-

Constitutional Act-Continued.

pension of constitution in Lower
Canada, 29.

Controller of Customs, 74.

Controverted Elections Act; judicial
decisions on questions of jurisdic-
tion respecting, 121-122.

County judges; their appointment
and removal, 172 n.

Coutume de Paris; in use in French
Canada, 4; basis of civil law in
province of Quebec, 170 n.

Criminal laws; in the jurisdiction
of the parliament of Canada, 171.
Customs, Department of; 71-74.
Crown, the; represented by the
governor-general, 64; recommend-
ation as to votes of money (see
sec. 154 of B.N.A. Act, app. A to
this work).

DE GREY, Solicitor General; his
opinion in 1763 on rights of French
Canadians, 11 n.

Disallowance; of provincial acts,
108-113; powers and responsibilities
of dominion government in this
respect, 114.

Distribution of legislative powers;
between general parliament and
local legislatures, 116-118.
Dominion; origin of name, 63 n.

Double majority system; an ex-
pedient to arrange political con-
flicts between Upper and Lower
Canada, 51-52.

Dufferin, Lord; Governor-General of
Canada, 65 n.

Durham, Lord; Governor-General of
Canada and High Commissioner,
30; his report on Canada, 32; re-
commends legislative union, 33;
establishment of a supreme court,
119 n.

EDUCATION; exclusive powers of
provincial legislatures, 117.

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A Manual of the Constitutional History of Canada from the Earliest Period to ...