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(9) Property transferred by the Imperial Government and known as ordnance property.

(10) Armories, drill sheds, military clothing and munitions of war; and

(11) Lands set apart for public purposes.

56. All lands, mines, minerals and royalties vested in Her Majesty in the Provinces of Upper Canada, Lower Canada, Nova Scotia, New Brunswick and Prince Edward Island, for the use of such Provinces, shall belong to the local Government of the territory in which the same are so situate; subject to any trusts that may exist in respect to any of such lands or to any interest of other persons in respect of the same.

57. All sums due from purchasers or lessees of such lands, mines or minerals at the time of the Union, shall also belong to the local Governments.

58. All assets connected with such portions of the public debt of any Province as are assumed by the local Governments shall also belong to those Governments respectively.

59. The several Provinces shall retain all other public property therein, subject to the right of the general Government to assume any lands or public property required for fortifications or the defence of the country.

60. The general Government shall assume all the debts and liabilities of each Province.

61. The debt of Canada, not specially assumed by Upper and Lower Canada respectively, shall not exceed, at the time of the Union, $62,500,000; Nova Scotia shall enter the Union with a debt not exceeding $8,000,000; and New Brunswick with a debt not exceeding $7,000,000.

62. In case Nova Scotia or New Brunswick do not incur liabilities beyond those for which their Governments are now bound, and which shall make their debts at the date of union less than $8,000,000 and $7.000,000 respectively, they shall be entitled to interest at five per cent. on the amount not so incurred, in like manner as is hereinafter provided for Newfoundland and Prince Edward Island; the foregoing resolution being in no respect intended to limit the powers given to the respective Governments of those Provinces, by Legislative authority, but only to limit the maximum amount of charge to be assumed by the general Government; provided always, that the powers so conferred by the respective Legislatures shall be exercised within five years from this date, or the same shall then lapse.

63. Newfoundland and Prince Edward Island, not having incurred debts equal to those of the other Provinces, shall be entitled to receive, by half-yearly payments, in advance, from the general Government, the interest at five per cent, on the difference between the actual amount of their respective debts at the time of the union, and the average amount

of indebtedness per head of the population of Canada, Nova Scotia and New Brunswick.

64. In consideration of the transfer to the general Parliament of the powers of taxation, an annual grant in aid of each Province shall be made, equal to eighty cents per head of the population, as established by the census of 1861; the population of Newfoundland being estimated at 130,000. Such aid shall be in full settlement of all future demands upon the general Government for local purposes, and shall be paid half-yearly in advance to each Province.

65. The position of New Brunswick being such as to entail large immediate charges upon her local revenues, it is agreed that for the period of ten years, from the time when the union takes effect, an additional allowance of $63,000 per annum shall be made to that Province. But that so long as the liability of that Province remains under $7,000,000, a deduction equal to the interest of such deficiency shall be made from the $63,000.

66. In consideration of the surrender to the general Government, by Newfoundland, of all its rights in mines and minerals, and of all the ungranted and unoccupied lands of the Crown, it is agreed that the sum of $150,000 shall each year be paid to that Province, by semiannual payments; provided that that colony shall retain the right of opening, constructing and controlling roads and bridges through any of the said lands, subject to any laws which the general Parliament may pass in respect of the same.

67. All engagements that may, before the union, be entered into with the Imperial Government for the defence of the country, shall be assumed by the general Government.

68. The general Government shall secure, without delay, the completion of the Intercolonial Railway from Riviere du Loup, through New Brunswick, to Truro in Nova Scotia.

69. The communications with the North-Western Territory and the improvements required for the development of the trade of the great west with the seaboard, are regarded by this conference as subjects of the highest importance to the federated Provinces, and shall be prosecuted at the earliest possible period that the state of the finances will permit.

70. The sanction of the Imperial and local Parliaments shall be sought for the union of the Provinces, on the principles adopted by the Conference.

71. That Her Majesty the Queen be solicited to determine the rank and name of the federated Provinces.

72. The proceedings of the Conference shall be authenticated by the signatures of the delegates, and submitted by each delegation to its own Government; and the Chairman is authorized to submit a copy to the Governor-General for transmission to the Secretary of State for the Colonies.

APPENDIX B.

COLONIAL LAWS VALIDITY ACT, 1865.

28-29 VIC., CAP. 63, (IMP.).

An Act to remove Doubts as to the Validity of Colonial Laws.
[29TH JUNE, 1865.

WHEREAS doubts have been entertained respecting the validity of divers laws enacted, or purporting to be enacted by the Legislatures of certain of Her Majesty's Colonies, and respecting the powers of such Legislatures; and it is expedient that such doubts should be removed:

Be it hereby enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

66

1. The term colony" shall in this Act include all of Her Definitions Majesty's Possessions abroad, in which there shall exist a legislature "Colony.' as hereinafter defined, except the Channel Islands, the Isle of Man, and such territories as may for the time being be vested in Her Majesty, under or by virtue of any Act of Parliament for the government of India;

ure, ""Colon

The terms "Legislature" and "Colonial Legislature" shall "Legislat severally signify the authority (other than the Imperial Parliament ial Legisla of Her Majesty in Council), competent to make laws for any colony; ture";

The term "Representative Legislature" shall signify any Colonial "RepresentLegislature which shall comprise a legislative body of which one-half ative Legislature"; are elected by inhabitants of the colony;

The term "Colonial Law" shall include laws made for any "Colonial Law." colony, either by such Legislature as aforesaid or by Her Majesty in Council;

Act of Parliament, etc.,

An Act of Parliament, or any provision thereof, shall, in construing this Act, be said to extend to any colony when it is made when to exapplicable to such colony by the express words or necessary intend- tend to ment of any Act of Parliament;

Colony;

The term "Governor " shall mean the officer lawfully administer- "Governor"; ing the Government of any colony;

The term Letters Patent " shall mean letters patent under the "Letters PaGreat Seal of the United Kingdom of Great Britain and Ireland.

tent."

2. Any colonial law, which is or shall be repugnant to the provi- Colonial Law when void for sions of any Act of Parliament extending to the colony to which such repugnancy. law may relate, or repugnant to any order or regulation made under authority of such Act of Parliament, or having in the colony the force or effect of such Act, shall be read subject to such Act, order, or regulation, and shall, to the extent of such repugnancy, but not otherwise, be and remain absolutely void and inoperative.

Colonial Law

3. No colonial law shall be, or be deemed to have been, void or when not void inoperative on the ground of repugnancy to the law of England, un- for repugless the same shall be repugnant to the provisions of some such Act nancy. of Parliament, order, or regulation, as aforesaid.

Colonial Law not void for inconsistency with instructions.

4. No colonial law, passed with the concurrence of or assented to by the Governor of any colony, or to be hereafter so passed or assented to, shall be, or be deemed to have been, void or inoperative by reason only of any instructions with reference to such law, or the subject thereof, which may have been given to such Governor, by or on behalf of Her Majesty, by any instrument authorizing such Governor to concur in passing or to assent to laws for the peace, order, and good government of such colony, even though such instructions may be referred to in such letters patent, or last-mentioned instrument.

Colonial Leg- 5. Every colonial Legislature shall have, and be deemed at all islatures may times to have had, full power within its jurisdiction to establish courts establish, &c., Courts of law. of judicature, and to abolish and re-constitute the same, and to alter the constitution thereof, and to make provision for the administration of justice therein; and every representative Legislature shall, in respect to the colony under its jurisdiction, have, and be deemed at all times to have had, full power to make laws respecting the constitution, powers, and procedure of such Legislature; provided that such laws shall have been passed in such manner and form as may from time to time be required, by any Act of Parliament, letters patent, Order in Council, or colonial law for the time being in force in the colony.

Representative Legisla ture may alter Constitution.

Certified co6. The certificate of the clerk or other proper officer of a legispies of laws to lative body in any colony to the effect that the document to which be evidence it is attached is a true copy of any colonial law assented to by the that they are properly pasGovernor of such colony, or of any bill reserved for the signification sed. of Her Majesty's pleasure by the said Governor, shall be primâ facie evidence that the document so certified is a true copy of such law or bill, and, as the case may be, that such law has been duly and properly passed and assented to, or that such bill has been duly and properly passed and presented to the Governor; and any proclamation, purporting to be published by authority of the Governor, in any of assent and newspaper in the colony to which such law or bill shall relate, and disallowance. signifying Her Majesty's disallowance of any such colonial law, or Her Majesty's assent to any such reserved bill as aforesaid, shall be prima facie evidence of such disallowance or assent.

Proclamation to be evidence

Certain Acts

tralia to be

valid.

And whereas doubts are entertained respecting the validity of certain Acts enacted, or reputed to be enacted, by the Legislature of South Australia: Be it further enacted as follows:

7. All laws or reputed laws, enacted or purporting to have been of Legislature enacted by the said Legislature, or by persons or bodies of persons of South Aus- for the time being acting as such Legislature, which have received the assent of Her Majesty in Council, or which have received the assent of the Governor of the said Colony in the name and on behalf of Her Majesty, shall be and be deemed to have been valid and effectual from the date of such assent for all purposes whatever; provided that nothing herein contained shall be deemed to give effect to any law or reputed law which has been disallowed by Her Majesty, or has expired, or has been lawfully repealed, or to prevent the lawful disallowance or repeal of any law.

APPENDIX C.

DRAFT OF LETTERS-PATENT PASSED UNDER THE GREAT SEAL OF THE UNITED KINGDOM.

Constituting the Office of Governor-General of the Dominion of Canada.

Letters-Patent,

Dated 5th October, 1878.

VICTORIA, by the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, Empress of India;

To all to whom these Presents shall come, Greeting:

WHEREAS We did, by certain Letters-Patent under the Great Seal of Our United Kingdom of Great Britain and Ireland, bearing date at Westminster the Twenty-second day of May, 1872, in the Thirtyfifth Year of Our Reign, constitute and appoint Our Right Trusty and Right Well-beloved Cousin and Councillor, Frederick Temple, Earl of Dufferin, Knight of Our Most Illustrious Order of Saint Patrick, Knight Commander of Our Most Honorable Order of the Bath (now Knight Grand Cross of Our Most Distinguished Order of Saint Michael and Saint George), to be Our Governor-General in and over Our Dominion of Canada for and during Our will and pleasure:

And whereas by the 12th section of "The British North America Act. 1867," certain powers, authorities, and functions were declared to be vested in the Governor-General:

And whereas We are desirous of making effectual and permanent provision for the office of Governor-General in and over Our said Dominion of Canada, without making new Letters-Patent on each demise of the said Office:

Now know ye that We have revoked and determined, and by these presents do revoke and determine, the said recited Letters-Patent of the Twenty-second day of May, 1872, and every clause, article and thing therein contained:

And further know ye that We, of our special grace, certain knowledge, and mere motion, have thought fit to constitute, order, and declare, and do by these presents constitute, order, and declare that there shall be a Governor-General (hereinafter called Our said Governor-General) in and over Our Dominion of Canada (hereinafter called

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