sibilities, and penalties as if the Union had not been made. In Regina v. Horner (f), Mr. Justice Ramsay, delivering the judgment of the Court of Queen's Bench of Quebec, says: "In saying they are federal officers, the statute must be understood quoad their federal duties, for the parliament of Canada could not legislate for their local duties." Appointment of new officers Treaty obligations. 131. Until the Parliament of Canada. otherwise provides, the Governor-General in Council may from time to time appoint such officers as the Governor-General in Council deems necessary or proper for the effectual execution of this Act. 132. The Parliament and Government of Canada shall have all powers necessary or proper for performing the obligations of Canada or of any Province thereof, as part of the British Empire, towards foreign countries, arising under treaties between the Empire and such foreign countries. In Ex parte Worms, before Chief Justice Dorion (z), it was argued that the Imperial Extradition Act of 1870 could not apply to Canada, because of the express power conveyed by this section. The Chief Justice however held that the two provisions are in no way inconsistent, and that, if they were, the Extradition Act, being an Imperial Act of later date, must govern in all matters relating to the extradition of fugitive criminals. The overruling legisla (f) 2 Steph. Dig. 450; 2 Cart. 317. See ante, p. (*) 22 L. C. Jur. 109; 2 Cart. 315. See also In re Williams, 7 P. R. (Ont.) 275. tion of the Imperial parliament prevents us from utilizing the power conferred by this section. While we may legislate in aid of British treaties affecting us, we have as yet no power to make treaties with foreign countries (a). the Use of English any 133. Either the English or French language may be used by person in the debates of the Houses of the Parliament of Canada and of the Houses of the Legislature of Quebec; and both those languages shall be used in the respective Records and Journals of those Houses; and either of those languages may be used by any person or in any pleading or process in or issuing from any Court of Canada established under this Act, and in or from all or any of the Courts of Quebec. The Acts of the Parliament of Canada and of the Legislature of Quebec shall be printed and published in both those languages. Ontario and Quebec. and French languages. of executive officers for Ontario and Quebec. 134. Until the Legislature of Ontario Appointment or of Quebec otherwise provides, the Lieutenant-Governors of Ontario and Quebec may each appoint under the Great Seal of the Province the following officers, to hold office during pleasure, that is to say -the Attorney-General, the Secretary (a) See Todd, "Parl. Govt. Brit. Col.," 192. Powers, dutties, &c., of executive officers. and Registrar of the Province, the Treasurer of the Province, the Commissioner of Crown Lands, and the Commissioner of Agriculture and Public Works, and in the case of Quebec the Solicitor-General; and may, by order of the LieutenantGovernor in Council, from time to time prescribe the duties of those officers and. of the several departments over which they shall preside, or to which they shall belong, and of the officers and clerks thereof; and may also appoint other and additional officers to hold office during pleasure, and may from time to time prescribe the duties of those officers, and of the several departments over which they shall preside or to which they shall belong, and of the officers and clerks. thereof. 135. Until the Legislature of Ontario or Quebec otherwise provides, all rights, powers, duties, functions, responsibilities, or authorities at the passing of this Act vested in or imposed on the AttorneyGeneral, Solicitor-General, Secretary and Registrar of the Province of Canada, Minister of Finance, Commissioner of Crown Lands, Commissioner of Public Works, and Minister of Agriculture and Receiver-General, by any law, statute or ordinance of Upper Canada, Lower Canada, or Canada, and not repugnant to this Act, shall be vested in or imposed on any officer to be appointed by the Lieutenant-Governor for the discharge of the same or any of them; and the Commissioner of Agriculture and Public Works shall perform the duties and functions of the office of Minister of Agriculture at the passing of this Act imposed by the law of the Province of Canada, as well as those of the Commissioner of Public Works. 136. Until altered by the Lieutenant- Great Seal. Governor in Council, the Great Seals of Ontario and Quebec respectively shall be the same, or of the same design, as those used in the Provinces of Upper Canada. and Lower Canada respectively before their Union as the Province of Canada. of temporary 137. The words "and from thence to Construction the end of the then next ensuing Session Acts. of the Legislature," or words to the same effect, used in any temporary Act of the Province of Canada not expired before the Union, shall be construed to extend and apply to the next Session of the Parliament of Canada, if the subject matter of the Act is within the powers of the same, as defined by this Act, or to the next Sessions of the Legislatures of Ontario and Quebec respectively, if the subject matter of the Act is within the As to errors in names. As to issue of tions before mence after Union. powers of the same as defined by this Act. 138. From and after the Union, the use of of the words 66 Upper Canada instead of "Ontario," or "Lower Canada" instead of "Quebec," in any deed, writ, process, pleading, document, matter, or thing, shall not invalidate the same. 139. Any Proclamation under the Union to com- Great Seal of the Province of Canada issued before the Union to take effect at a time which is subsequent to the Union, whether relating to that Province, or to Upper Canada, or to Lower Canada, and the several matters and things therein proclaimed shall be and continue of like force and effect as if the Union had not been made. As to issue of 140. Any Proclamation which is authorized by any Act of the Legislature of the Province of Canada to be issued under the Great Seal of the Province of Canada, whether relating to that Province, or to Upper Canada, or to Lower Canada, and which is now issued before the Union, may be issued by the Lieutenant-Governor of Ontario, or of Quebec, as its subject matter requires, under the Great Seal thereof; and from and after the issue of such Proclamation the same and the several matters and things therein pro |