Imágenes de páginas

reserved to

to Denominational Schools which any class of persons have by Law or practice in the Province at the Union :

(2) An appeal shall lie to the GovernorGeneral in Council from any Act or decision of the Legislature of the Province, or of any Provincial Authority affecting any right or privilege of the Protestant or Roman Catholic minority of the Queen's subjects in relation to Education:

(3) In case any such Provincial Law, as from Power time to time seems to the Governor-General in Parliament. Council requisite for the due execution of the provisions of this section, is not made, or in case any decision of the Governor-General in Council on any appeal under this section is not duly executed by the proper Provincial Authority in that behalf, then, and in every such case, and as far only as the circumstances of each case require, the Parliament of Canada may make remedial Laws for the due execution of the provisions of this section, and of any decision of the Governor-General in Council under this section.

be used.

23. Either the English or the French lan- English and guage may be used by any person in the debates languages to of the Houses of the Legislature, 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 the British North America Act, 1867, or in or from all or any of the Courts of the Province. The Acts of the Legislature shall be printed and published in both those languages.

Cax. Cox.--38

Interest allowed to

debt of Canada.

the Province

and in pro

24. Inasmuch as the Province is not in debt, the Province the said Province shall be entitled to be paid, amount of the and to receive from the Government of Canada,

by half-yearly payments in advance, interest at the rate of five per centum per annum on the sum of four hundred and seventy-two thousand and

ninety dollars. Subsidy to 25. The sum of thirty thousand dollars shall for support of be paid yearly by Canada to the Province, for

the support of its Government and Legislature, portion to its population. and an annual grant, in aid of the said Province,

shall be inade, equal to eighty cents per head of the population, estimated at seventeen thousand souls; and such grant of eighty cents per head shall be augmented in proportion to the increase of population, as may be shown by the census. that shall be taken thereof in the year one thousand eight hundred and eighty-one, and by each subsequent decennial census, until its population amounts to four hundred thousand souls, at which amount such grant shall remain thereafter, and such sum shall be in full settlement of all future demands on Canada, and shall be paid half-yearly, in advance, to the said Province.

26. Canada will assume and defray the tain expenses. charges for the following services :

1. Salary of the Lieutenant-Governor.

2. Salaries and allowances of the Judges of the Superior and District or County Courts.

3. Charges in respect of the Department of the Customs.

4. Postal Department.
5. Protection of Fisheries.
6. Militia.
7. Geological Survey.

Canada assumes cer

lands vested

for Dominion

8. The Penitentiary.
9. And such further charges as may be General

provision. incident to, and connected with the services which, by the British North America Act, 1867, appertain to the General Government, and as are or may be allowed to the other Provinces.

[Sections 27-29 relate to customs and inland revenue and are effete.]

30. All ungranted or waste lands in the Ungranted Province shall be, from and after the date in the Crown of the said transfer, vested in the Crown, and purposes (o). administered by the Government of Canada for the purposes of the Dominion, subject to, and except and so far as the same may be affected by, the conditions and stipulations contained in the agreement for the surrender of Rupert's Land by the Hudson's Bay Company to Her Majesty.

31. And whereas, it is expedient, towards Provisions as the extinguishment of the Indian Title to the title. lands in the Province, to appropriate a portion of such ungranted lands, to the extent of one million four hundred thousand acres thereof, for the benefit of the families of the half-breed Grant for half

breeds (p). residents, it is hereby enacted, that, under regulations to be from time to time made by the Governor-General in Council, the LieutenantGovernor shall select such lots or tracts in such parts of the Province as he may deem expedient, to the extent aforesaid, and divide the same among the children of the half-breed heads of

(0) See post, for some observations on the position of Manitoba in relation to lands within her borders.

(p) There has been much slation by the parliament of Canada in reference to the adjustment of the claims of half-breeds and squatters, but the subject is hardly within our range.

Quieting titles.

Grants by H. B. Company.

The same.

families residing in the Province at the time of the said transfer to Canada, and the same shall be granted to the said children respectively, in such mode and on such conditions as to settlement and otherwise, as the Governor-General in Council may from time to time determine.

32. For the quieting of titles, and assuring to the settlers in the Province the peaceable possession of the lands now held by them, it is enacted as follows:

1. All grants of land in freehold made by the Hudson's Bay Company up to the eighth day of March, in the year 1869, shall, if required by the owner, be confirmed by grant from the Crown.

2. All grants of estates less than freehold in land made by the Hudson's Bay Company up to the eighth day of March, aforesaid, shall, if required by the owner, be converted into an estate in freehold by grant from the Crown.

3. All titles by occupancy with the sanction and under the license and authority of the Hudson's Bay Company up to the eighth day of March, aforesaid, of land in that part of the Province in which the Indian Title has been extinguished, shall, if required by the owner, be converted into an estate in freehold by grant from the Crown.

4. All persons in peaceable possession of tracts of land at the time of the transfer to Canada, in those parts of the Province in which the Indian Title has not been extinguished, shall have the right of pre-emption of the same, on such terms and conditions as may be determined by the Governor in Council.

Titles being occupancy with permission;

By peaceable possession.

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5. The Lieutenant-Governor is hereby author- Lieutenant-
ized, under regulations to be made from time to make pro-
time by the Governor-General in Council, to Order in
make all such provisions for ascertaining and
adjusting, on fair and equitable terms, the rights
of cutting Hay held and enjoyed by the settlers
in the Province, and for the commutation of the
same by grants of land from the Crown.

33. The Governor-General in Council shall Governor ia
from time to time settle and appoint the mode appoint forma
and form of Grants of Land from the Crown,
and any Order in Council for that purpose when
published in the Canada Gazette, shall have the
same force and effect as if it were a portion of
this Act.

34. Nothing in this Act shall in any way Rights of
prejudice or affect the rights or properties of the pany not
Hudson's Bay Company, as contained in the con-
ditions under which that Company surrendered
Rupert's Land to Her Majesty.

[Sections 35 and 36 are long since effete.]


English Law in Manitoba.

We have already (9) had occasion to refer to the provision of the first Dominion Statute (32-33 Vic. c. 3), dealing with Rupert's Land and the North-Western Territory, which continued in force in that country the laws then in force there. We have also referred (c) to the question as to what those laws then in force were. This question has been much discussed in Manitoba. Its position in this

(1) Ante, p. 553.

(r) Ante, p. 581.

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