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Majority to decide.
to be first
12. Questions arising in the Legislative Assembly shall be decided by a majority of voices, other than that of the Speaker, and when the voices are equal, but not otherwise, the Speaker
shall have a vote.-51 Vic. c. 19, s. 12. Advisory Council to be
13. The Lieutenant-Governor shall select appointed.
from among the elected members of the Legislative Assembly four persons to act as an advisory council on matters of finance, who shall severally hold office during pleasure; and the LieutenantGovernor shall preside at all sittings of such advisory council and have a right to vote as a member thereof, and shall also have a casting
vote in case of a tie.—51 Vic. c. 19, s. 13. Money votes
14. The Legislative Assembly shall not adopt recommended or pass any vote, resolution, address, or bill for
the appropriation of any part of the public revenue, or of any tax or impost to any purpose that has not been first recommended to the Assembly by message of the Lieutenant-Governor in the session in which such vote, resolution,
address or bill is proposed.—51 Vic. c. 19, s. 14. Salary of 15. The Speaker of the Legislative Assembly Speaker.
shall receive a salary of five hundred dollars per annum, payable out of the Consolidated Revenue
Fund of Canada.-51 Vic. c. 19, s. 15. Clerk of As 16. The Governor-in-Council may appoint a sembly, his duties and
clerk of the Legislative Assembly, who shall act salary.
as, and perform the duties of secretary to the Lieutenant-Governor, and who shall take before the Lieutenant-Governor the oath of allegiance, and such oath of office as the Governor-in-Council prescribes, and who shall receive a salary of two thousand dollars per annum, and such salary shall be paid out of the Consolidated Revenue Fund of Canada.—51 Vic. c. 19, s. 16.]
9. The seat of Government of the Territories Seat of Govshall be fixed, and may, from time to time, be changed by the Governor in Council.
[Section 10 made provision for the Lieut.Governor presiding over and voting at meetings of the Council. See now 51 Vic. c. 19, 8. 13; and 54-55 Vic. c. 22, 8. 4, supra.]
11. Subject to the provisions of this Act, the Laws of Euglaws of England relating to civil and criminal 15, 1870, in matters, as the same existed on the fifteenth day with certain of July, in the year of our Lord one thousand exceptions. (0) eight hundred and seventy, shall be in force in the Territories, in so far as the same are applicable to the Territories, and in so far as the same have not been, or are not hereafter repealed, altered, varied, modified, or affected by any Act of the Parliament of the United Kingdom applicable to the Territories, or of the Parliament of Canada, or by any ordinance of the LieutenantGovernor in Council. 12. All laws and ordinances in force in the Laws in force
continued (0) Territories, and not repealed by or inconsistent with this Act, shall remain in force until it is otherwise ordered by the Parliament of Canada, by the Governor in Council, or by the Lieutenant-Governor in Council, under the authority of this Act.
[Section 13, defining the powers of the Lieut.Governor in Council was repealed by 54-55 Vic.
(0) For convenience we have collected the authorities upon the matters referred to in sections 11 and 12, and they will be found, post. In the Revised Statutes of Canada are a number of Acts specially dealing with different subjects of legislation as to the North-West Territories,-e. g., " The N. W. T. Representation Act,"
" " The Territories Real Property Act," “ The Homestead Exemption Act,
," "The Dominion Lands Act,” etc., etc.
Powers of Assembly.
c. 22, s.6, which substitutes therefor the following :
13. The Legislative Assembly shall, subject to the provisions of this Act, or of any other Act of the Parliament of Canada, at any time in force in the Territories, have power to make ordinances for the government of the Territories in relation to the classes of subjects next hereinafter mentioned, that is to say
(1) The mode of providing voters' lists, the oaths to be taken by voters, the appointment, powers and duties of returning officers and deputy returning officers, election and poll clerks, and their oaths of office, the proceedings to be observed at elections, the periods during which such elections may be continued, and such other provisions with respect to such elections as may be thought fit;
(2) Direct taxation within the Territories in order to raise a revenue for territorial or municipal or local purposes ;
(3) The establishment and tenure of territorial offices, and the appointment and payment of territorial officers out of territorial revenues ;
(4) The establishment, maintenance, and management of prisons in and for the Territories,—the expense thereof being payable out of territorial revenues ;
(5) Municipal institutions in the Territories ;
(6) Shop, saloon, tavern, auctioneer and other licenses, in order to raise a revenue for territorial or municipal purposes ;
(7) The incorporation of companies with territori al objects, with the following exceptions:
(a) Such companies as cannot be incorporated by a provincial legislature;
(b) Railway, steamboat, canal, transportation, telegraph and irrigation companies ;
(c) Insurance companies ;
(8) The solemnization of marriage in the Territories;
(9) Property and civil rights in the Territories;
(10) The administration of justice in the Territories, including the constitution, organization, and maintenance of territorial courts of civil jurisdiction, including procedure therein; but not including the power of appointing any judicial officers;
(11) The imposition of punishment by fine, penalty, or imprisonment, for enforcing any territorial ordinances;
(12) The expenditure of territorial funds and such portion of any moneys appropriated by Parliament for the Territories as the LieutenantGovernor is authorized to expend by and with the advice of the Legislative Assembly or of any Committee thereof;
(13) Generally, all matters of a merely local or private nature in the Territories :
2. Nothing in this section contained gives, or Limitation. shall be construed to give to the Legislative Assembly any greater powers with respect to the subjects therein mentioned than are given to Provincial Legislatures under the provisions of section 92 of “ The British North America Act, 1867,” with respect to the similar objects therein mentioned.]
Ordinances 14. The Lieutenant-Governor in Council respecting education.
shall pass all necessary ordinances in respect to Majority schools.'p) education ; but it shall therein always be pro
vided, that a majority of the ratepayers of any district or portion of the Territories, or of any less portion or subdivision thereof, by whatever name the same is known, may establish such schools therein as they think fit, and make the
necessary assessment and collection of rates Minority therefor; and also that the minority of the rateschools.
payers therein, whether Protestant or Roman Catholic, may establish separate schools therein, --and in such case, the ratepayeis establishing such Protestant or Roman Catholic separate schools shall be liable only to assessments of such rates as they impose upon themselves in respect
thereof: Declaratory 2. The power to pass ordinances, conferred
upon the Lieutenant-Governor by this section is hereby declared to have been vested in him from the seventh day of May, one thousand eight
hundred and eighty. Ordinances 15. The Lieutenant-Governor in Council respecting tion of justice may, from time to time, but subject to the pro
visions of this Act, make ordinances in relation to the administration of justice in the Territories, and to the constitution, maintenance and organization of the Supreme Court, including procedure therein in civil matters, in as full and ample a manner as the Legislature of any Province of
as to ordinances.
(P) See ante, p. 489 and p. 510.
(9) See, however, 54-55 Vic. c. 22, s. 6, enacting a new section 13 to the main Act and giving to the Legislative Assembly the powers defined as above. By some oversight, probably, this section was not repealed, and it would appear that the Lieutenant-Governor in Council has concurrent power, in this connection, with the Assembly.