c. 7, passed about six months after the Act of 1875 came into operation. The section defining the legislative powers of the Lieutenant-Governor in Council was repealed and the following section substituted therefor:

"7. The Lieutenant-Governor in Council, or the Lieutenant-Governor by and with the advice and consent of the legislative assembly, as the case may be, shall have such powers to make ordinances for the government of the North-West Territories as the Governor in Council may, from time to time, confer upon him; Provided always that such powers shall not at any time be in excess of those conferred by the ninetysecond section of The British North America Act, 1867," upon the legislatures of the several provinces of the Dominion:

6

"2. Provided that no ordinance to be so made shall,(1) be inconsistent with or alter or repeal any provision of any Act of the Parliament of Canada in schedule B. of this Act, or of any Act of the parliament of Canada, which may now, or at any time hereafter, expressly refer to the said Territories, or which or any part of which may be at any time made by the Governor in Council, applicable to or declared to be in force, in the said Territories, or, (2) impose any fine or penalty exceeding one hundred dollars:

"(3) And provided that a copy of every such ordinance shall be mailed for transmission to the Secretary of State, within ten days after its passing, and it may be disallowed by the Governor in Council at any time within two years after its receipt by the Secretary of State; Provided, also, that all ordinances so made, and all Orders in Council disallowing any ordinances so made, shall be laid before both Houses of Parliament, as soon as conveniently may be after the making and enactment thereof respectively."

On the 11th of May, 1877, an order in council was passed which, after reciting the statutes of 1875 and 1877, ran thus:

"Now, in pursuance of the powers by the said statute conferred, his Excellency, by and with the advice of the Privy Council, has been pleased further to order, and it is hereby ordered, that the Lieutenant-Governor in Council shall be

and he is hereby empowered to make ordinances in relation to the following subjects, that is to say:

1. The establishment and tenure of territorial offices, and the appointment and payment of territorial officers;

2. The establishment, maintenance and management of prisons in and for the North-West Territories;

3. The establishment of municipal institutions in the Territories, in accordance with the provisions of the "NorthWest Territories Acts, 1875 and 1877."

4. The issue of shop, auctioneer and other licenses, in order to the raising of a revenue for territorial or municipal purposes;

5. The solemnization of marriages in the Territories;

6. The administration of justice, including the constitution, organization and maintenance of territorial courts of civil jurisdiction;

7. The imposition of punishment by fine, penalty or imprisonment for enforcing any territorial ordinance;

8. Property and civil rights in the Territories, subject to any legislation by the parliament of Canada upon these subjects, and

9. Generally on matters of a merely local or private nature in the Territories.

These Acts were from time to time amended, consolidated and revised, but, substantially, the legislative power of the Lieutenant-Governor in Council continued to be governed by the above section and the order in council quoted until 1888 -indeed, one may say, until 1891, for, upon the establishment of a legislative assembly in the former year, its powers of legislation were not increased beyond those exerciseable before its creation by the Lieutenant-Governor in Council.

In 1880, by 43 Vic. c. 25, previous Acts were amended and consolidated. The time for disallowing territorial ordinances was shortened to one year, and the clauses of the Act of 1875 relating to municipalities eliminated, being deemed, no doubt, to be covered by the order in council above quoted." 'See 45 Vic. c. 28, and 47 Vic. c. 23.

The participation of Manitoba judges in the administration. of justice in the Territories was abolished except in the matter of appeals in capital cases.8

On June 26th, 1883, a new order in council was promulgated defining the powers of the Lieutenant-Governor, whether acting in council or by and with the advice and consent of the legislative assembly; the only amendment, however, of the order in council of 1877 above quoted being in items 3 and 4, which were made to read as follows:

9

"3. Muncipal institutions in the Territories, subject to any legislation by the parliament of Canada heretofore or hereafter enacted:

"4. The issue of shop, auctioneer, and other licenses, except licenses for the sale of intoxicating liquors, in order to the raising of a revenue for territorial or municipal purposes."

In 1886, important legislation was enacted (49 Vic. c. 25), but as it was carried at once into the Revised Statutes of that year we need not stay to consider its provisions.10

At the present time the position of these territories is defined by "The North-West Territories Act" (R. S. C. c. 50), and amendments thereto.. The Yukon Territory was carved out of the North-West Territories in 1898, and special provision has from time to time been made for the administration of affairs there.

See also 48-49 Vic. c. 51.

'No assembly was constituted until 1888; see post.

10 It was proclaimed 18th February, 1887; the R. S. C. took effect 1st March, 1887.

The council was replaced by a legislative assembly in 1888-5455 Vic. c. 22. Section 6 of that Act defines the assembly's jurisdiction. See ante, p. 350-1, as to the construction of terms taken from the B. N. A. Act.

CHAPTER X.

BRITISH COLUMBIA.

The proceedings which culminated in the admission of British Columbia to the union sufficiently appear in the following:

ORDER IN COUNCIL

RESPECTING

THE PROVINCE OF BRITISH COLUMBIA.2

AT the Court at Windsor, the 16th day of May, 1871.

Α

PRESENT.

The QUEEN'S MOST Excellent Majesty.

His Royal Highness Prince ARTHUR.

Lord Privy Seal.

Earl Cowper.

Earl of Kimberley.

W

Lord Chamberlain.

Mr. Secretary Cardwell.

Mr. Ayrton.

HEREAS by the "British North America Act, 1867," provision was made for the union of the Provinces of Canada, Nova Scotia and New Brunswick into the Dominion of Canada, and it was (amongst other things) enacted that it should be lawful for the Queen, by and with the advice of Her Majesty's Most Honorable Privy Council, on addresses from the houses of parliament of Canada and

'See Dom. Stat., 1872, p. lxxxiv. See also B. N. A. Act, s. 146.

of the legislature of the colony of British Columbia, to ad-. mit that colony into the said union, on such terms and conditions as should be in the addresses expressed, and as the Queen should think fit to approve, subject to the provisions of the said Act; and it was further enacted that the provisions of any order in council in that behalf should have effect as if they had been enacted by the parliament of the United Kingdom of Great Britain and Ireland:

And whereas by addresses from the houses of parliament of Canada, and from the legislative council of British Columbaia respectively, of which addresses copies are contained in the schedule to this order annexed, Her Majesty was prayed, by and with the advice of Her Most Honorable Privy Council, under the one hundred and forty-sixth section of the herein before recited Act, to admit British Columbia into the Dominion of Canada, on the terms and conditions set forth in the said addresses:

And whereas Her Majesty has thought fit to approve of the said terms and conditions, it is hereby declared by Her Majesty, by and with the advice of her Privy Council, in pursuance and exercise of the powers vested in Her Majesty by the said Act of parliament, that from and after the twentieth day of July, one thousand eight hundred and seventy-one, the said colony of British Columbia shall be admitted into and become part of the Dominion of Canada, upon the terms and conditions set forth in the hereinbefore recited addresses. And, in accordance with the terms of the said addresses relating to the electoral districts of British Columbia, for which the first election of members to serve in the House of Commons of the said Dominion shall take place, it is hereby further ordered and declared that such electoral districts shall be as follows:

[Here follows an enumeration of those electoral districts.]

And the Right Honorable Earl of Kimberley, one of Her Majesty's principal secretaries of state, is to give the necessary directions therein accordingly.

ARTHUR HELPS.