"242. rm 
 
 1b77ii 
 
 TREATY OF WASHINGTON. 
 
Return this book on or before the 
 Latest Date stamped below. 
 
 University of Illinois Library 
 
• \ 
 
BRITISH COLUMBIA. 
 
 BRITISH NORTH AMERICA ACT, 1867, 
 
 TERMS OF UNION WITH CANADA, 
 
 RULES AND ORDERS 
 OF THE LEGISLATIVE ASSEMBLY. 
 
 Treaty of Washington. 
 
 Published by order of the Legislative Assembly . 
 VICTORIA, B. C. : 
 
 Printed by Richard Wolfendrn, Government Printer. 
 1881. 
 
‘Z'tr -f |V}a.rsli<a4l 
 
 34Z-VI 
 
 3l'l& 
 
 CONTENTS. 
 
 PAGE. 
 
 THE BRITISH NORTH AMERICA ACT 5 
 
 THE TERMS OF UNION 59 
 
 RULES AND ORDERS 71 
 
 TREATY OF WASHINGTON 95 
 
British North America Act. 
 
 5 
 
 ANNO TBICESIMO ET TRICESIMO-PRIMO 
 
 VICTORIA REGINAS. 
 
 CAP III. 
 
 An Act for the Union of Canada, Nova Scotia, and 
 New Brunswick, and the Government thereof ; 
 and for purposes connected therewith. 
 
 [29 th March , 1867.] 
 
 ‘YFTHEKEAS the Provinces of Canada, 
 * * Nova Scotia, and New Brunswick, 
 have expressed their desire to be federally 
 united into one Dominion under the Crown 
 of the United Kingdom of Great Britain 
 and Ireland, with a Constitution similar in 
 principle to that of the United Kingdom : 
 
 And whereas such a Union would conduce 
 to the welfare of the Provinces and promote 
 the Interests of the British Empire : 
 
 And whereas on the establishment of the 
 Union by authority of Parliament it is ex- 
 pedient, not only that the Constitution of 
 the Legislative authority in the Dominion 
 be provided for, but also that the nature of 
 the Executive Government therein be de- 
 clared : 
 
6 
 
 British North America Act. 
 
 Short Title. 
 
 Application of 
 Provisions re- 
 ferring to the 
 Queen. 
 
 Declaration of 
 Union. 
 
 Construction of 
 subsequent 
 provisions of 
 Act. 
 
 And whereas it is expedient that provision 
 be made for the eventual admission into the 
 Union of other parts of British North 
 America : 
 
 Be it therefore enacted and declared 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: — 
 
 I. — Preliminary. 
 
 1. This Act may be cited as “The British 
 North America Act, 1867." 
 
 2. The provisions of this Act referring to 
 Her Majesty the Queen, extend also to the 
 heirs and successors of Her Majesty, Kings 
 and Queens of the United Kingdom of Great 
 Britain and Ireland. 
 
 II. — Union. 
 
 3. It shall be lawful for the Queen, by and 
 with the advice of Her Majesty's Most Hon- 
 ourable Privy Council, to declare by Procla- 
 mation that, on and after a day therein ap- 
 pointed, not being more than six months 
 after the passing of this Act, the Provinces 
 of Canada, Nova Scotia, and New Bruns- 
 wick, shall form and be one Dominion under 
 the name of Canada ; and on and after that 
 day, those three Provinces shall form and be 
 one Dominion under that name accordingly. 
 
 4. The subsequent provisions of this Act 
 shall, unless it is otherwise expressed or 
 implied, commence and have effect on and 
 
British North America Act. 
 
 7 
 
 after the Union, that is to say, on and after 
 the day appointed for the Union taking effect 
 in the Queen's Proclamation; and in the 
 same provisions, unless it is otherwise ex- 
 pressed or implied, the name Canada shall 
 be taken to mean Canada as constituted 
 under this Act. 
 
 5. Canada shall be divided into four Pro- Four Provinces, 
 vinces, named Ontario, Quebec, Nova^Scotia, 
 
 and New Brunswick. 
 
 6. The parts of the Province of Canada Provinces of 
 (as it exists at the passing of this Act) which Quebec. and 
 formerly constituted respectively the Pro- 
 vinces of Upper Canada and Lower Canada 
 
 shall be deemed to be severed, and shall form 
 two separate Provinces. The part which 
 formerly constituted the Province of Upper 
 Canada shall constitute the Province of 
 Ontario ; and the part which formerly con- 
 stituted the Province of Lower Canada shall 
 constitute the Province of Quebec. 
 
 7. The Provinces of Nova Scotia and New Provinces of 
 
 Brunswick shall have the same limits as atand^ewBruns- 
 the passing of this Act. wick - 
 
 8. In the general census of the population Decennial 
 of Canada which is hereby required to be oensu ' 
 taken in the year One thousand eight hun- 
 dred and seventy-one, and in every tenth 
 
 year thereafter, the respective populations 
 of the four Provinces shall be distinguished. 
 
 III. — Executive Power. 
 
 9. The Executive Government and author- Declaration of 
 ity of and over Canada is hereby declared hfthe^ueen^ 61 
 to continue and be vested in the Queen. 
 
8 
 
 British North America Act. 
 
 Application of 
 provisions refer- 
 ring to Governor 
 General. 
 
 Constitution of 
 Privy Council 
 for Canada. 
 
 All powers under 
 Acts to be exer- 
 cised by Govern- 
 or-General with 
 advice of Privy 
 Council or alone. 
 
 10. The provisions of this Act referring 
 to the Governor-General extend and apply 
 to the Governor-General for the time being 
 of Canada, or other the Chief Executive 
 Officer or Administrator for the time being 
 carrying on the Government of Canada on 
 behalf and in the name of the Queen, by 
 whatever title he is designated. 
 
 11. There shall be a Council to aid and 
 advise in the Government of Canada, to be 
 styled the Queen’s Privy Council for Canada; 
 and the persons who are to be Members of 
 that Council shall be from time to time 
 chosen and summoned by the Governor- 
 General and sworn in as Privy Councillors, 
 and Members thereof may be from time to 
 time removed by the Governor-General. 
 
 12. All powers, authorities, and functions 
 which under any Act of the Parliament of 
 Great Britain, or of the Parliament of the 
 United Kingdom of Great Britain and Ire- 
 land, or of the Legislature of Upper Canada, 
 Lower Canada, Canada, Nova Scotia, or New 
 Brunswick, are at the Union vested in or 
 exercisable by the respective Governors or 
 Lieutenant-Governors of those Provinces, 
 with the advice, or with the advice and con- 
 sent, of the respective Executive Councils 
 thereof, or in conjunction with those Coun- 
 cils, or with any number of Members thereof, 
 or by those Governors or Lieutenant-Gov- 
 ernors individually, shall, as far as the same 
 continue in existence and capable of being 
 exercised after the Union in relation to the 
 Government of Canada, be vested in and 
 exercisable by the Governor-General with 
 
British North America Act. 
 
 9 
 
 the advice or with the advice and consent 
 of or in conjunction with the Queen’s Privy 
 Council for Canada, or any Members thereof, 
 or by the Governor-General individually, as 
 the case requires, subject nevertheless (ex- 
 cept with respect to such as exist under Acts 
 of the Parliament of Great Britain or of the 
 Parliament of the United Kingdom of Great 
 Britain and Ireland) to be abolished or alter- 
 ed by the Parliament of Canada. 
 
 13. The provisions of this Act referring to Application of 
 the Governor-General in Council shall be rinjto^overnor 
 construed as referring to the Governor- General in coun- 
 General acting by and with the advice of 
 
 the Queen’s Privy Council for Canada. 
 
 14. It shall be lawful for the Queen, if Power to Her 
 Her Majesty thinks fit, to authorize the J^ri^Gover- 
 Governor-General from time to time to nor-Generai to 
 appoint any person or any persons, jointly Depu ' 
 or severally, to be his deputy or deputies 
 
 within any part or parts of Canada, and in 
 that capacity to exercise, during the pleasure 
 of the Governor-General, such of the powers, 
 authorities, and functions of the Governor- 
 General, as the Governor-General deems it 
 necessary or expedient to assign to him or 
 them, subject to any limitations or directions 
 expressed or given by the Queen ; but the 
 appointment of such a deputy or deputies 
 shall not affect the exercise by the Governor- 
 General himself of any power, authority, or 
 function. 
 
 15. The Command-in-Chief of the Land command of 
 and Naval Militia, and of all Naval and 
 Military Forces, of and in Canada, is hereby be vested in the 
 
10 
 
 British North America Act. 
 
 Seat of Govern- 
 ment of Canada. 
 
 Constitution of 
 Parliament of 
 Canada. 
 
 Privileges, &c., 
 of Houses. 
 
 First Session of 
 the Parliament 
 of Canada. 
 
 Yearly Session of 
 the Parliament 
 of Canada. 
 
 Number of 
 Senators. 
 
 declared to continue and be vested in the 
 Queen. 
 
 16. Until the Queen otherwise directs, the 
 Seat of Government of Canada shall be 
 Ottawa. 
 
 IY. — Legislative Power. 
 
 17. There shall be one Parliament for 
 Canada, consisting of the Queen, an Upper 
 House styled the Senate, and the House of 
 Commons. 
 
 18. The privileges, immunities, and powers 
 to be held, enjoyed, and exercised by the 
 Senate and by the House of Commons, and 
 by the Members thereof respectively, shall 
 be such as are from time to time defined by 
 Act of the Parliament of Canada, but so- 
 that the same shall never exceed those at 
 the passing of this Act held, enjoyed, and 
 exercised by the Commons House of Parlia- 
 ment of the United Kingdom of Great 
 Britain and Ireland and by the Members 
 thereof. 
 
 19. The Parliament of Canada shall be 
 called together not later than six months 
 after the Union. 
 
 20. There shall be a Session of the Parlia- 
 ment of Canada once at least in every year,, 
 so that twelve months shall not intervene 
 between the last sitting of the Parliament 
 in one Session and its first sitting in the 
 next Session. 
 
 The Senate. 
 
 21. The Senate shall, subject to the pro- 
 visions of this Act, consist of seventy-two 
 Members, who shall be styled Senators. 
 
British North America Act. 
 
 11 
 
 22. In relation to the constitution of the Representation 
 Senate, Canada shall be demed to consist of g^ a r t ° e ^ mces m 
 three divisions, — 
 
 1. Ontario : 
 
 2. Quebec : 
 
 3. The Maritime Provinces, Nova Scotia 
 and New Brunswick; which three divisions 
 shall (subject to the provisions of this Act) 
 be equally represented in the Senate as 
 follows : — Ontario by Twenty-four Senators; 
 
 Quebec by Twenty-four Senators: and the 
 Maritime Provinces by Twenty-four Sena- 
 tors, Twelve thereof representing Nova 
 Scotia, and Twelve thereof representing 
 New Brunswick. 
 
 In the case of Quebec each of the twenty- 
 four Senators representing that Province 
 shall be appointed for one of the twenty -four 
 Electoral .Divisions of Lower Canada speci- 
 fied in Schedule A to Chapter One of the 
 Consolidated Statutes of Canada. 
 
 23. The qualification of a Senator shall be qualifications of 
 
 .as follows: — Senators. 
 
 (1.) He shall be of the full age of Thirty 
 years; 
 
 (2.) He shall be either a natural-born sub- 
 ject of the Queen, or a subject of the 
 Queen naturalized by an Act of the Par- 
 liament of Great Britain, or of the Par- 
 liament of the United Kingdom of Great 
 Britain and Ireland, or of the Legisla- 
 ture of one of the Provinces of Upper 
 Canada, Lower Canada, Canada, Nova 
 Scotia, or New Brunswick, before the 
 
12 
 
 British ISTortii America Act. 
 
 Summons of 
 Senator. 
 
 Summons of 
 First body of 
 Senators. 
 
 Union, or of the Parliament of Canada 
 after the Union : 
 
 (3.) He shall be legally or equitably 
 seised as of freehold for his own use 
 and benefit of lands or tenements held 
 in free and common socage, or seised or 
 possessed for his own use and benefit of 
 lands or tenements held in franc-alleu 
 or in roture, within the Province for 
 which he is appointed, of the value of 
 Four thousand dollars, over and above 
 all rents, dues, debts, charges, mort- 
 gages, and incumbrances due or payable 
 out of or charged on or affecting the 
 same: 
 
 (4.) His real and personal property shall 
 be together worth Four thousand dol- 
 lars over and above his debts and lia- 
 bilities: 
 
 (5.) He shall be resident in the Province 
 for which he is appointed: 
 
 (6.) In the case of Quebec he shall have 
 his real property qualification in the 
 Electoral Division for which he is ap- 
 pointed, or shall be resident in that 
 Division. 
 
 24. The Governor-General shall from time 
 to time, in the Queen’s name by Instrument 
 under the Great Seal of Canada, summon 
 qualified persons to the Senate; and, subject 
 to the provisions of this Act, every person 
 so summoned shall become and be a Member 
 of the Senate and a Senator. 
 
 25. Such persons shall be first summoned 
 to the Senate as the Queen by Warrant 
 
British North America Act. 
 
 13 
 
 under Her Majesty’s Boyal Sign Manual 
 thinks fit to approve, and their names shall 
 be inserted in the Queen’s Proclamation of 
 
 Union. 
 
 2G. If at any time, on the recommendation Addition of 
 of the Governor-General, the Queen thinks Senators in cer- 
 fit to direct that three or six Members b e ain case!s * 
 lidded to the Senate, the Governor-General 
 may by summons to three or six qualified 
 persons (as the case may be), representing 
 equally the three divisions of Canada, add 
 to the Senate accordingly. 
 
 27. In case of such addition being at any Reduction of 
 time made the Governor-General shall not number. 0 n ° imal 
 summon any person to the Senate, except 
 
 on a further like direction by the Queen on 
 the like recommendation, until each of the 
 three divisions of Canada is represented by 
 twenty-four Senators and no more. 
 
 28. The number of Senators shall not at Maximum num- 
 
 any time exceed seventy-eight. ber of Senators. 
 
 29. A Senator shall, subject to the pro- Tenure of place 
 visions of this Act, hold his place in the in Senate * 
 Senate for life. 
 
 30. A Senator may by writing under his Resignation of 
 hand, addressed to the Governor-General, place in Senate * 
 resign his place in the Senate, and thereupon 
 
 the same shall be vacant. 
 
 31. The place of a Senator shall become Disqualiflcatio „ 
 vacant in any of the following cases:— of Senators. 
 
 (1.) If for two consecutive Sessions of the 
 Parliament he fails to give his attend- 
 ance in the Senate: 
 
14 
 
 British North America Act. 
 
 (2.) If he takes an oath or makes a declar- 
 ation or acknowledgment of allegiance, 
 obedience, or adherence to a Foreign 
 Power, or does an act w T hereby he be- 
 comes a Subject or Citizen, or entitled 
 to the rights or privileges of a Subject 
 or Citizen of a Foreign Power: 
 
 (3.) If he is adjudged bankrupt or insol- 
 vent, or applies for the benefit of any 
 law relating to insolvent debtors, or 
 becomes a public defaulter: 
 
 (4.) If he is attainted of treason or con- 
 victed of felony or of any infamous 
 crime: 
 
 (5.^ If he ceases to be qualified in respect 
 of property or of residence; provided 
 1 hat a Senator shall not be deemed to 
 have ceased to be qualified in respect of 
 residence by reason only of his residing' 
 at the Seat of the Government of Canada 
 while holding an office under that Gov- 
 ernment requiring his presence there. 
 
 Summons of 32 . When a vacancy happens in the Senate 
 Senate? m by resignation, death, or otherwise, the Gov- 
 ernor-General shall by summons to a fit and 
 qualified person fill the vacancy. 
 
 Questions as to 33 . jf an y question arises respecting the 
 and vacancies in qualification of a Senator, or a vacancy m 
 Senate. the Senate, the same shall be heard and de- 
 
 termined by the Senate. 
 
 Appointment of 34. The Governor-General may from time 
 Senate? ° f to time, by instrument under the Great Seal 
 of Canada, appoint a Senator to be Speaker 
 of the Senate, and may remove him and 
 appoint another in his stead. 
 
British North America Act. 
 
 15 
 
 35. Until the Parliament of Canada other- Quorum of 
 wise provides, the presence of at least fifteen Senafce - 
 Senators, including the Speaker, shall be 
 necessary to constitute a meeting of the 
 Senate for the exercise of its powers. 
 
 36. Questions arising in the Senate shall Votin » inSenate 
 be decided by a majority of voices, and the 
 Speaker shall in all cases have a vote, and 
 
 when the voices are equal the decision shall 
 be deemed to be in the negative. 
 
 The House of Commons . 
 
 37. The House of Commons shall, subject constitution of 
 to the provisions of this Act, consist of One Canada, 
 hundred and eighty-one Members, of whom 
 eighty-two shall be elected for Ontario, 
 
 Sixty-five for Quebec, Nineteen for Nova 
 
 Scotia, and Fifteen for New Brunswick. 
 
 38. The Governor-General shall from time summoning of 
 to time, in the Queen’s name, by Instrument House of Com ' 
 under the Great Seal of Canada, summon 
 
 and call together the House of Commons. 
 
 39. A Senator shall not be capable of senators not to 
 
 being elected or of sitting or voting as a in Hoiuse of 
 Member of the House of Commons. C—s - 
 
 40. Until the Parliament of Canada other- Electoral Dis- 
 wise provides, Ontario, Quebec, Nova Scotia ^^ c f e ^ be four 
 and New Brunswick, shall, for the purposes 
 
 of the Election of Members to serve in the 
 House of Commons, be divided into Elec- 
 toral Districts as follows: — 
 
 1.— ONTARIO. 
 
 Ontario shall be divided into the Counties, 
 
 Hidings of Counties, Cities, Parts of Cities, 
 
16 
 
 British North America Act, 
 
 and Towns enumerated in the First Schedule 
 to this Act, each whereof shall he an Elec- 
 toral District, each such District as number- 
 ed in that Schedule being entitled to return 
 one Member. 
 
 2.— QUEBEC. 
 
 Quebec shall be divided into Sixty-five 
 Electoral Districts, composed of the Sixty- 
 five Electoral Divisions into which Lower 
 Canada is, at the passing of this Act, divided 
 under Chapter Two of the Consolidated 
 Statutes of Canada, Chapter Seventy-five of 
 the Consolidated Statutes for Lower Canada, 
 and the Act of the Province of Canada of 
 the Twenty-third Year of the Queen, Chap- 
 ter One, or any other Act amending the 
 same in force at the Union, so that each 
 such Electoral Division shall be for the pur- 
 poses of this Act an Electoral District en- 
 titled to return One Member. 
 
 3.— NOVA SCOTIA. 
 
 Each of the Eighteen Counties of Nova 
 Scotia shall be an Electoral District. The 
 County of Halifax shall be entitled to return 
 Two Members, and each of the other Coun- 
 ties One Member. 
 
 4.— NEW BRUNSWICK. 
 
 Each of the Fourteen Counties into which 
 New Brunswick is divided, including the 
 City and County of St. John, shall be an 
 Electoral District. The City of St. John 
 shall also be a separate Electoral District. 
 Each of those Fifteen Electoral Districts 
 shall be entitled to return One Member. 
 
British North America Act. 
 
 17 
 
 41. Until the Parliament of Canada other- Continuance of 
 wise provides, all laws in force in the several L^ws^ntii e par. n 
 Provinces at the Union relative to the fol- liament of Cana* 
 lowing matters or any of them, namely: — provide™ 6 
 The qualifications and disqualifications of 
 persons to be elected or to sit or vote as 
 Members of the House of Assembly or Legis- 
 lative Assembly in the several Provinces; 
 
 the Voters at Elections of such Members; 
 the oaths to be taken by Voters; the Re- 
 turning Officers, their powers and duties; 
 the proceedings at Elections; the periods 
 during which Elections may be continued; 
 the trial of controverted Elections, and pro- 
 ceedings incident thereto; the vacating of 
 seats of Members, and the execution of new 
 Writs in case of seats vacated otherwise 
 than by dissolution, — shall respectively ap- 
 ply to Elections of Members to serve in the 
 House of Commons for the same several 
 Provinces. Provided that, until the Parlia- 
 ment of Canada otherwise provides, at any 
 Election for a Member of the House of Com- 
 mons for the District of Algoma, in addition 
 to persons qualified by the law of the Pro- 
 vince of Canada to vote, every male British 
 Subject, aged Twenty-one years or upwards, 
 being a householder, shall have a vote. 
 
 42. For the first Election of Members to writs for first 
 serve in the House of Commons, the Gov- Election - 
 ernor-General shall cause Writs to be issued 
 
 by such person, in such form, and addressed 
 to such Returning Officers as he thinks fit. 
 
 The person issuing Writs under this Sec- 
 tion shall have the like powers as are pos- 
 sessed at the Union by the Officers charged 
 
18 
 
 British North America Act. 
 
 As to Casual 
 Vacancies. 
 
 As to Election of 
 Speaker of House 
 of Commons. 
 
 As to filling up 
 Vacancy in office 
 of Speaker. 
 
 Speaker to 
 preside. 
 
 Provision in 
 case of absence 
 of Speaker. 
 
 with the issuing of Writs for the Election 
 of Members to serve in the respective House 
 of Assembly or Legislative Assembly of the 
 Province of Canada, Nova Scotia, or New 
 Brunswick; and the Beturning Officers to 
 whom Writs are directed under this Section 
 shall have the like powers as are possessed 
 at the Union by the Officers charged with 
 the Beturning of Writs for the Election of 
 Members to serve in the same respective 
 House of Assembly or Legislative Assembly. 
 
 43. In case a vacancy in the representa- 
 tion in the House of Commons of any Elec- 
 toral District happens before the meeting of 
 the Parliament, or after the meeting of the 
 Parliament before provision is made by the 
 Parliament in this behalf, the provisions of 
 the last foregoing Section of this Act shall 
 extend and apply to the issuing and return- 
 ing of a Writ in respect of such vacant 
 District. 
 
 44. The House of Commons on its first as- 
 sembling after a General Election shall pro- 
 ceed with all practicable speed, to elect one 
 of its members to be Speaker. 
 
 45. In case of a vacancy happening in the 
 office of Speaker by death, resignation, or 
 otherwise, the House of Commons shall, 
 with all practicable speed, proceed to elect 
 another of its members to be Speaker. 
 
 46. The Speaker shall preside at all meet- 
 ings of the House of Commons. 
 
 47. Until the Parliament of Canada other- 
 wise provides, in case of the absence for any 
 reason of the Speaker from the chair of the 
 
British .North America Act. 19 
 
 House of Commons for a period of forty- 
 eight consecutive hours, the House may 
 elect another of its members to act as 
 Speaker, and the Member so elected shall, 
 during the continuance of such absence of 
 the Speaker, have and execute all the pow- 
 ers, privileges, and duties of Speaker. 
 
 48. The presence of at least Twenty Mem- Quorum of 
 bers of the House of Commons shall be of Com * 
 necessary to constitute a meeting of the 
 
 House for the exercise of its powers; and 
 for that purpose the Speaker shall be reck- 
 oned as a Member. 
 
 49. Questions arising in the House of Com- Voting . in House 
 mons shall be decided by a majority of voices of Commons, 
 other than that of the Speaker, and when 
 
 the voices are equal, but not otherwise, the 
 Speaker shall have a vote. 
 
 50. Every House of Commons shall con- Duration of 
 tinue for Five Years from the day of the^| eofCom * 
 return of the Writs for choosing the House 
 (subject to be sooner dissolved by the Gov- 
 ernor-General), and no longer. 
 
 51. On the completion of the census in Decennial Re- 
 the year One thousand eight hundred and adjustment of 
 
 J . t n it Representation. 
 
 seventy-one, and of each subsequent decen- 
 nial census, the representation of the four 
 Provinces shall be re-adjusted by such au- 
 thority, in such manner, and for such time, 
 as the Parliament of Canada from time to 
 time provides, subject and according to the 
 following rules: — 
 
 (1.) Quebec shall have the fixed number 
 of Sixty-five members: 
 
20 
 
 British North America Act. 
 
 Increase of num- 
 ber of House of 
 Commons. 
 
 (2.) There shall be assigned to each of the 
 other Provinces such a number of Mem- 
 bers as will bear the same proportion to 
 the number of its population (ascer- 
 tained at such census) as the number 
 sixty-five bears to the number of the 
 population of Quebec (so ascertained): 
 
 (3.) In the computation of the number of 
 Members for a Province a fractional 
 part not exceeding one-half of the whole 
 number requisite for entitling the Pro- 
 vince to a Member shall be disregarded; 
 but a fractional part exceeding one-half 
 of that number shall be equivalent to 
 the whole number: 
 
 (4.) On any such re-adjustment the num- 
 ber of Members for a Province shall not 
 be reduced unless the proportion which 
 the number of the population of the 
 Province bore to the number of the ag- 
 gregate population of Canada at the 
 then last preceding re-adjustment of the 
 number of Members for the Province is 
 ascertained at the then latest census to 
 be diminished by one-twentieth part or 
 upwards: 
 
 (5.) Such re-adjustment shall not take 
 effect until the termination of the then 
 existing Parliament. 
 
 52. The number of Members of the House 
 of Commons may be from time to time in- 
 creased' by the Parliament of Canada, pro- 
 vided the proportionate representation of 
 the Provinces prescribed by this Act is not 
 thereby disturbed. 
 
British North America Act. 
 
 21 
 
 Money Votes ; Royal Assent . 
 
 53. Bills for appropriating any part of the Appropriation 
 Public Eevenue, or for imposing any tax or andTax Bllls - 
 impost, shall originate in the House of Com- 
 mons, 
 
 54. It shall not be lawful for the House Recommenda- 
 of Commons to adopt or pass any Yote, vXs° f money 
 Eesolution, Address, or Bill for the appro- 
 priation of any part of the Public Eevenue, 
 
 or of any Tax or Impost, to any purpose 
 that has not been first recommended to that 
 House by Message of the Governor-General 
 in the Session in which such Yote, Eesolu- 
 tion, Address, or Bill is proposed. 
 
 55. Where a Bill passed by the Houses of R 0ya i Assent to 
 the Parliament is presented to the Governor- BiUs > &c * 
 General for the Queen’s assent, he shall de- 
 clare, according to his discretion, but subject 
 
 to the provisions of this Act and to Her 
 Majesty’s Instructions, either that he assents 
 thereto in the Queen’s name, or that he 
 withholds the Queen’s assent, or that he re- 
 serves the Bill for the signification of the 
 Queen’s pleasure. 
 
 56. Where the Governor-General assents Disallowance by 
 to a Bill in the Queen’s name, he shall, by of d Act n ass°ented 
 the first convenient opportunity, send an to by Governor- 
 authentic copy of the Act to one of Her General * 
 Majesty’s Principal Secretaries of State, and 
 
 if the Queen in Council within two years 
 after receipt thereof by the Secretary of 
 State thinks fit to disallow the Act, such 
 disallowance (with a certificate of the Secre- 
 tary of State of the day on which the Act 
 was received by him) being signified by the 
 
22 
 
 British North America Act. 
 
 Governor-General, by Speech or Message to 
 each of the Houses of the Parliament, or by 
 Proclamation, shall annul the Act from and 
 after the day of such signification. 
 
 Signification of 57. A Bill reserved for the signification of 
 on Bi?i reserved? ^e Queen's pleasure shall not have any 
 force unless and until within two years from 
 the day on which it was presented to the 
 Governor-General for the Queen's Assent, 
 the Governor-General signifies, by Speech 
 or Message to each of the Houses of the 
 Parliament, or by Proclamation, that it has 
 received the Assent of the Queen in Council. 
 
 An entry of every such Speech, Message, 
 or Proclamation shall be made in the Jour- 
 nal of each House, and a duplicate thereof 
 duly attested shall be delivered to the 
 proper Officer to be kept among the Eecords 
 of Canada. 
 
 Y. — Provincial Constitutions. 
 
 Executive Power . 
 
 Appointment of 58. For each Province there shall be an 
 ^vemors of Officer, styled the Lieutenant-Governor, ap- 
 Provinces. pointed by the Governor-General in Council 
 by Instrument under the Great Seal of 
 Canada. 
 
 Tenure of office 59. A Lieutenant-Governor shall hold office 
 cu)vernor nant during the pleasure of the G overnor-General ; 
 
 but any Lieutenant-Governor appointed after 
 the commencement of the first Session of the 
 Parliament of Canada shall not be remov- 
 able within five years from his appointment, 
 except for cause assigned, which shall be 
 communicated to him in writing within one 
 
JBritish North America Act. 
 
 23 
 
 month after the order for his removal is made, 
 and shall be communicated by Message to the 
 Senate and to the House of Commons within 
 one week thereafter if the Parliament is then 
 sitting, and if not, then within one week after 
 the commencement of the next Session of the 
 Parliament. 
 
 60. The Salaries of the Lieutenant-Gover- Salaries of 
 nors shall be fixed and provided by the GoTemors. 
 Parliament of Canada. 
 
 61. Every Lieutenant-Governor shall, be- oaths^&c.^, of 
 fore assuming the duties of his office, make Governor? ~ 
 and subscribe before the Governor-General, 
 
 or some person authorized by him, Oaths of 
 Allegiance and Office similar to those taken 
 by the Governor-General. 
 
 62. The provisions of this Act referring to Application of 
 the Lieutenant-Governor extend and apply Ferring 0 to S Lfeu- 
 to the Lieutenant-Governor for the time tenant-Governor 
 being of each Province, or other the Chief 
 Executive Officer or Administrator for the 
 
 time being carrying on the Government of 
 the Province, by whatever title he is desig- 
 nated. 
 
 63. The Executive Council of Ontario and Appointment of 
 of Quebec shall be composed of such persons Executive offi- 
 
 r, T . r n • cers f° r Ontario 
 
 as the Lieutenant-Governor from time to and Quebec, 
 time thinks fit, and in the first instance of 
 the following Officers, namely: the Attorney- 
 General, the Secretary and .Registrar of the 
 Province, the Treasurer of the Province, the 
 Commissioner of Crown Lands, and the 
 Commissioner of Agriculture and Public 
 Works, with in Quebec, the Speaker of the 
 Legislative Council, and Solicitor-General. 
 
24 
 
 British North America Act. 
 
 Executive Go- 
 vernment of 
 Nova Scotia and 
 New Brunswick. 
 
 Powers to be ex- 
 ercised by Lieu- 
 tenant-Governor 
 of Ontario or 
 Quebec with ad- 
 vice or alone. 
 
 64. The Constitution of the Executive 
 Authority in each of the Provinces of Nova 
 Scotia and New Brunswick shall, subject to 
 the provisions of this Act, continue as it 
 exists at the Union until altered under the 
 authority of this Act. 
 
 65. All powers, authorities, and functions 
 which under any Act of the Parliament of 
 Great Britain, or of the Parliament of the 
 United Kingdom of Great Britain and Ire- 
 land, or of the Legislature of Upper Canada, 
 Lower Canada, or Canada, were or are before 
 or at the Union vested in or exercisable by 
 the respective Governors or Lieutenant- 
 Governors of those Provinces, with the ad- 
 vice, or with the advice and consent, of the 
 respective Executive Councils thereof, or in 
 conjunction with those Councils, or with any 
 number of Members thereof, or by those 
 Governors or Lieutenant-Governors individ- 
 ually, shall, as far as the same are capable of 
 being exercised after the Union in relation 
 to the Government of Ontario and Quebec 
 respectively, be vested in and shall or may 
 be exercised by the Lieutenant-Governor of 
 Ontario and Quebec respectively, with the 
 advice, or with the advice and consent of, or 
 in conjunction with the respective Executive 
 Councils, or any Members thereof, or by the 
 Lieutenant-Governor individually, as the 
 case requires, subject nevertheless (except 
 with respect to such as exist under Acts of 
 the Parliament of Great Britain, or of the 
 Parliament of the United Kingdom of Great 
 Britain and Ireland,) to be abolished or 
 altered by the respective Legislatures of 
 Ontario and Quebec. 
 
British North America Act. 
 
 25 
 
 66. The provisions of this Act referring to Application of 
 the Lieutenant-Governor in Council shall be ^ r ng Vi to 0 Lleu?en- 
 construed as referring to the Lieutenant- ant-Govemor in 
 Governor of the Province acting by and CounciL 
 with the advice of the Executive Council 
 
 thereof. 
 
 67. The Governor-General in Council may Administration 
 from time to time appoint an Administrator Lteutenant^ 
 to execute the office and functions of Lieu- Governor. 
 tenant-Governor during his absence, illness, 
 
 or other inability. 
 
 68. Unless and until the Executive Govern- seats of Provin* 
 ment of any Province otherwise directs with ^ents° Vein ' 
 respect to that Province, the seats of Govern- 
 ment of the Provinces shall be as follows, 
 namely, — of Ontario, the City of Toronto ; 
 
 of Quebec, the City of Quebec; of Nova 
 Scotia, the City of Halifax; and of New 
 Brunswick, the City of Fredericton. 
 
 Legislative Power . 
 
 1 .— ONTARIO. 
 
 69. There shall be a Legislaturefor Ontario Legislature for 
 consisting of the Lieutenant-Governor and 0ntano - 
 
 of one House, styled the Legislative Assem- 
 bly of Ontario. 
 
 70. The Legislative Assembty of Ontario Electoral Dis« 
 shall be composed of Eighty-two Members, tricts - 
 
 to be elected to represent the Eighty-two 
 Electoral Districts set forth in the First 
 Schedule to this Act. 
 
 2.— QUEBEC. 
 
 71. There shall be a Legislature for Quebec Legislature for 
 consisting of the Lieutenant-Governor and Quebec * 
 
26 
 
 British North America Act. 
 
 Constitution of 
 
 Legislative 
 
 Council. 
 
 Qualification of 
 
 Legislative 
 
 Councillors. 
 
 Resignation, dis- 
 qualification, &c. 
 
 Vacancies. 
 
 Questions as to 
 Vacancies, &c. 
 
 Speaker of Leg- 
 islative Council. 
 
 of two Houses, styled the Legislative Council 
 of Quebec and of the Legislative Assembly 
 of Quebec. 
 
 72. The Legislative Council of Quebec 
 shall be composed of Twenty-four Members, 
 to be appointed by the Lieutenant-Governor 
 in the Queen’s name, by Instrument under 
 the Great Seal of Quebec, one being appoin- 
 ted to represent each of the Twenty-four 
 Electoral Divisions of Lower Canada in this 
 Act referred to, and each holding office for 
 the term of his life, unless the Legislature of 
 Quebec otherwise provides under the pro- 
 visions of this Act. 
 
 73. The qualifications of the Legislative 
 Councillors of Quebec shall be the same as 
 those of the Senators for Quebec. 
 
 74. The place of a Legislative Councillor 
 of Quebec shall become vacant in the cases, 
 mutatis mutandis , in which the place of 
 Senator becomes vacant. 
 
 75. When a vacancy happens in the Leg- 
 islative Council of Quebec by resignation, 
 death, or otherwise, the Lieutenant-Governor 
 in the Queen’s name, by Instrument under 
 the Great Seal of Quebec, shall appoint a fit 
 and qualified person to fill the vacancy. 
 
 76. If any question arises respecting the 
 qualification of a Legislative Councillor of 
 Quebec, or a vacancy in the Legislative 
 Council of Quebec, the same shall be heard 
 and determined by the Legislative Council. 
 
 77. The Lieutenant-Governor may from 
 time to time, by Instrument under the Great 
 
British North America Act. 
 
 27 
 
 Seal of Quebec, appoint a Member of the 
 Legislative Council of Quebec to be Speaker 
 thereof, and may remove him and appoint 
 another in his stead. 
 
 78. Until the Legislature of Quebec other- Quorum of Leg- 
 wise provides, the presence of at least ten lslatlve Counci1 - 
 Members of the Legislative Council, including 
 
 the Speaker, shall be necessary to constitute 
 a meeting for the exercise of its powers. 
 
 79. Questions arising in the Legislative Voting in Leg-. 
 Council of Quebec shall be decided by a lslatlve CounclL 
 majority of voices, and the Speaker shall in 
 
 all cases have a vote, and when the voices 
 are equal, the decision shall be deemed to be 
 in the negative. 
 
 80 The Legislative Assembly of Quebec constitution of 
 shall be composed of Sixty -five Members, to ^mbiy^oT As " 
 be elected to represent the Sixty-five Elec- Quebec, 
 toral Divisions or Districts of Lower Canada 
 in this Act referred to, subject to alteration 
 thereof by the Legislature of Quebec: Pro- 
 vided that it shall not be lawful to present 
 to the Lieutenant-Governor of Quebec for 
 assent any Bill for altering the limits of any 
 of the Electoral Divisions or Districts men- 
 tioned in the Second Schedule to this Act, 
 unless the second and third readings of such 
 Bill have been passed in the Legislative 
 Assembly with the concurrence of the ma- 
 jority of the Members representing all those 
 Electoral Divisions or Districts, and the 
 assent shall not be given to such Bill unless 
 an address has been presented by the Legis- 
 lative Assembly to the Lieutenant-Governor 
 stating that is has been so passed. 
 
28 
 
 British North America Act. 
 
 First Session of 
 Legislatures. 
 
 Summoning of 
 Legislative As- 
 sembty. 
 
 Restriction on 
 election of 
 holders of offices. 
 
 Continuance of 
 existing election 
 Laws. 
 
 3 . — ONTARIO AND QUEBEC. 
 
 81. The Legislatures of Ontario and Quebec 
 respectively shall be called together not 
 later than six months after the Union. 
 
 82. The Lieutenant-Governor of Ontario 
 and of Quebec shall, from time to time, in the 
 Queen’s name, by Instrument under the 
 Great Seal of the Province, summon and call 
 together the Legislative Assembly of the 
 Province. 
 
 83. Until the Legislature of Ontario or of 
 Quebec otherwise provides, a person accept- 
 ing or holding in Ontario or in Quebec any 
 office, commission or employment, permanent 
 or temporary, at the nomination of the Lieu- 
 tenant-Governor, to which an annual salary, 
 or any fee, allowance, emolument, or profit 
 of any kind or amount whatever from the 
 Province attached, shall not be eligible as 
 a Member of the Legislative Assembly of the 
 respective Province, nor shall he sit or vote 
 as such; but nothing in this Section shall 
 make ineligible any person being a Member 
 of the Executive Council of the respective 
 Provinces, or holding any of the following 
 Offices, that is to say *. — the Offices of 
 Attorney-General, Secretary and Registrar 
 of the Province, Treasurer of the Province, 
 Commissioner of Crown Lands, and Com- 
 missioner of Agriculture and Public Works, 
 and in Quebec Solicitor General, or shall dis- 
 qualify him to sit or vote in the House for 
 which he is elected, provided he is elected 
 while holding such Office. 
 
 84. Until the Legislatures of Ontario and 
 Quebec respectively otherwise provide, all 
 
British North America Act. 
 
 29 
 
 laws which at the Union are in force in those 
 Provinces respectively, relative to the follow- 
 ing matters, or any of them, namely, — the 
 qualifications and disqualifications of persons 
 to be elected or to sit or vote as Members of 
 the Assembly of Canada, the qualifications or 
 disqualifications of voters, the oaths to be 
 taken by voters, the Returning Officers, their 
 powers and duties, the proceedings at Elec- 
 tions, the periods during which such Elections 
 may be continued, and the trial of contro- 
 verted Elections and the proceedingsincident 
 thereto, the vacating of the seats of Members 
 and the issuing and execution of new Writs 
 in case of seats vacated otherwise than by 
 dissolution, shall respectively apply to 
 Elections of Members to serve in the respec- 
 tive Legislative Assemblies of Ontario and 
 Quebec. 
 
 Provided that until the Legislature of 
 Ontario otherwise provides, at any Election 
 for a Member of the Legislative Assembly of 
 Ontario for the District of Algoma, in ad- 
 dition to persons qualified by the law of the 
 Province of Canada to vote, every male 
 British Subject, aged Twenty-one years or 
 upwards, being a householder shall have a 
 vote. 
 
 85. Every Legislative Assembly of Ontario potion of Leg- 
 and every Legislative Assembly of Quebec btiesJ 6 ssem 
 shall continue for Four Years from the day 
 of the return of the Writs for choosing the 
 same (subject nevertheless to either the Leg- 
 islative Assembly of Ontario or the Legis- 
 lative Assembly of Quebec being sooner 
 
30 
 
 British North America Act. 
 
 Yearly Session of 
 Legislature. 
 
 Speaker,” quo- 
 rum, &c. 
 
 Constitutions of 
 Legislatures of 
 Nova Scotia and 
 New Brunswick. 
 
 First Elections. 
 
 dissolved by the Lieutenant-Governor of the 
 Province), and no longer. 
 
 86. There shall be a Session of the Legis- 
 lature of Ontario and of that of Quebec once 
 at least in every year, so that twelve months 
 shall not intervene between the last sitting 
 of the Legislature in each Province in one 
 Session and its first sitting in the next 
 Session. 
 
 87. The following provisions of this Act 
 respecting the House of Commons of Canada 
 shall extend and apply to the Legislative 
 Assemblies of Ontario and Quebec, that is 
 to say, — the provisions relating to the Elec- 
 tion of a Speaker originally and on vacancies, 
 the duties of the Speaker, the absence of the 
 Speaker, the quorum, and the mode of voting, 
 as if those provisions were here re-enacted 
 and made applicable in terms to each such 
 Legislative Assembly. 
 
 It.— NOVA SCOTIA AND NEW BRUNSWICK. 
 
 88. The Constitution of the Legislature of 
 each of the Provinces of Hova Scotia and 
 Hew Brunswick shall, subject to the pro- 
 visions of this Act, continue as it exists at the 
 Union until altered under the authority of 
 this Act; and the House of Assembly of Hew 
 Brunswick existing at the passing of this 
 Act shall, unless sooner dissolved, continue 
 for the period for which it was elected. 
 
 5.— ONTARIO, QUEBEC , AND NOVA SCOTIA. 
 
 89. Each of the Lieutenant-Governors of 
 Ontario, Quebec, and Hova Scotia, shall 
 
British North America Act. 
 
 31 
 
 cause Writs to be issued for the first Elec- 
 tion of Members of the Legislative Assem- 
 bly thereof in such form and by such person 
 as he thinks fit, and at such time and ad- 
 dressed to such Returning Officer as the 
 Governor-General directs, and so that the 
 first Election of Member of Assembly for 
 any Electoral District or any sub-division 
 thereof shall be held at the same time and 
 at the same places as the Election for a 
 Member to serve in the House of Commons 
 of Canada for that Electoral District. 
 
 6.— THE FOUR PROVINCES. 
 
 90. The following provisions of this Act Application to 
 respecting the Parliament of Canada, name- pro vis?ons e res° f 
 ly, — the provisions relating to appropriation ^ t c ^ n | c raoney 
 and tax Bills, the recommendation of money 
 
 votes, the assent to Bills, the disallowance 
 of Acts, and the signification of pleasure on 
 Bills reserved, — shall extend and apply to 
 the Legislatures of the several Provinces as 
 if those provisions were here re-enacted and 
 made applicable in terms to the respective 
 Provinces and the Legislatures thereof, with 
 the substitution of the Lieutenant-Governor 
 of the Province for the Governor-General, 
 of the Governor General for the Queen and 
 for a Secretary of State, of one year for two 
 years, and of the Province for Canada. 
 
 YL — Distribution of Legislative Powers. 
 
 Powers of the Parliament . 
 
 91. It shall be lawful for the Queen, by Legislative 
 and with the advice and consent of the ParH^men^of 
 Senate and House of Commons, to make Canada. 
 
32 
 
 British North America Act. 
 
 laws for the peace, order, and good govern- 
 ment of Canada, in relation to all matters 
 not coming within the classes of subjects by 
 this Act assigned exclusively to the Legis- 
 latures of the Provinces; and for greater 
 certainty, but not so as to restrict the gene- 
 rality of the foregoing terms of this Section, 
 it is hereby declared that (notwithstanding 
 anything in this Act) the exclusive Legisla- 
 tive Authority of the Parliament of Canada 
 extends to all matters coming within the 
 classes of subjects next hereinafter enume- 
 rated, that is to say: — 
 
 1. The Public Debt and Property: 
 
 2. The regulation of Trade and Commerce : 
 
 3. The raising of money by any mode or 
 system of Taxation: 
 
 4. The borrowing of money on the Public 
 Credit: 
 
 5. Postal Service: 
 
 6. The Census and Statistics: 
 
 7. Militia, Military and Naval Service, and 
 Defence: 
 
 8. The fixing of and providing for the 
 Salaries and Allowances of Civil and 
 other Officers of the Government of 
 Canada: 
 
 9. Beacons, Buoys, Lighthouses, and Sa- 
 ble Island: 
 
 10. Navigation and Shipping: 
 
 11. Quarantine and the establishment and 
 maintenance of Marine Hospitals: 
 
 12. Sea Coast and Inland Fisheries: 
 
British North America Act, 
 
 33 
 
 13. Perries between a Province and any 
 British or Foreign Country or between 
 two Provinces: 
 
 14. Currency and Coinage: 
 
 15. Banking, Incorporation of Banks, and 
 the issue of Paper Money: 
 
 16. Savings Banks: 
 
 17. Weights and Measures: 
 
 18. Bills of Exchange and Promissory 
 Notes: 
 
 19. Interest: 
 
 20. Legal Tender: 
 
 21. Bankruptcy and Insolvency: 
 
 22. Patents of Invention and Discovery: 
 
 23. Copyrights: 
 
 24. Indians, and Lands reserved for the 
 Indians: 
 
 25. Naturalization and Aliens: 
 
 26. Marriage and Divorce: 
 
 27. The Criminal Law, except the consti- 
 tution of Courts of Criminal Jurisdic- 
 tion, but including the procedure in 
 Criminal matters: 
 
 28. The Establishment, Maintenance, and 
 Management of Penitentiaries: 
 
 29. Such classes of subjects as are express- 
 ly excepted in the enumeration of the 
 classes of subjects by this Act assigned 
 exclusively to the Legislatures of the 
 Provinces. 
 
 And any matter coming within any of the 
 classes of subjects enumerated in this Sec- 
 tion shall not be deemed to come within the 
 
34 
 
 British North America Act. 
 
 class of matters of a local or private nature 
 comprised in the enumeration of the classes 
 of subjects by this Act assigned exclusively 
 to the Legislatures of the Provinces. 
 
 Exclusive Powers of Provincial Legislatures . 
 
 92. In each Province the Legislature may 
 ciusivfprovln- exclusively make laws in relation to matters 
 ciai Legislation, coming within the classes of subjects next 
 hereinafter enumerated, that is to say: — 
 
 1. The amendment from time to time, not- 
 withstanding anything in this Act, of 
 the Constitution of the Province, except 
 as regards the Office of Lieutenant- 
 Governor: 
 
 2. Direct Taxation within the Province in 
 order to the raising of a Revenue for 
 Provincial purposes: 
 
 3. The borrowing of money on the sole 
 credit of the Province: 
 
 4. The establishment and tenure of Pro- 
 vincial Offices, and the appointment and 
 payment of Provincial officers: 
 
 5. The management and sale of the Public 
 Lands belonging to the Province, and 
 of the timber and wood thereon: 
 
 6. The establishment, maintenance, * and 
 management of Public and Reformatory 
 Prisons in and for the Province: 
 
 7. The establishment, maintenance, and 
 management of Hospitals, Asylums, 
 Charities, and Eleemosynary Institu- 
 tions in and for the Provinces, other 
 than Marine Hospitals: 
 
British North America Act. 
 
 35 
 
 8. Municipal Institutions in the Province: 
 
 9. Shop, Saloon, Tavern, Auctioneer, and 
 other Licences, in order to the raising 
 of a Revenue for Provincial, Local, or 
 Municipal purposes: 
 
 10. Local works and undertakings other 
 than such as are of the following classes: 
 
 a . Lines of Steam or other Ships, Rail- 
 ways, Canals, Telegraphs, and other 
 works and undertakings connecting 
 the Province with any other or 
 others of the Provinces, or extend- 
 ing beyond the limits of the Pro- 
 vince: 
 
 b. Lines of Steam Ships between the 
 Province and any British or Foreign 
 Country: 
 
 c . Such works as, although wholly 
 situate within the Province, are be- 
 fore or after their execution decla- 
 red by the Parliament of Canada to 
 he for the general advantage of 
 Canada or for the advantage of two 
 or more of the Provinces: 
 
 11. The Incorporation of Companies with 
 Provincial objects: 
 
 12. The Solemnization of Marriage in the 
 Province: 
 
 13. Property and civil rights in the Pro- 
 vince: 
 
 14. The Administration of Justice in the 
 Province, including the constitution, 
 maintenance, and organization of Pro- 
 vincial Courts, both of Civil and of Crimi- 
 nal Jurisdiction, and including proce- 
 dure in civil matters in those Courts: 
 
36 
 
 British North America Act. 
 
 Legislation re- 
 specting Edu- 
 cation. 
 
 15. The imposition of punishment by fine, 
 penalty, or imprisonment for enforcing 
 any Law of the Province made in rela- 
 tion to any matter coming within any 
 of the classes of subjects enumerated in 
 this Section: 
 
 16. Generally all matters of a merely local 
 or private nature in the Province. 
 
 Education . 
 
 93. In and for each Province the Legisla- 
 ture may exclusively make laws in relation 
 to education, subject and according to the 
 following provisions: — 
 
 1. Nothing in any such law shall preju- 
 dicially affect any right or privilege 
 with respect to Denominational Schools 
 Tvhich any class of persons have by law 
 in the Province at the Union: 
 
 2. All the powers, privileges, and duties 
 at the Union by law conferred and im- 
 posed in Upper Canada on the separate 
 Schools and School Trustees of the 
 Queen’s Boman Catholic Subjects shall 
 be and the same are hereby extended to 
 the Dissentient Schools of the Queen’s 
 Protestant and Boman Catholic Subjects 
 in Quebec: 
 
 3. Where in any Province a system of 
 separate or Dissentient Schools exists 
 by law at the Union or is thereafter 
 established by the Legislature of the 
 Province, an appeal shall lie to the Gov- 
 ernor-General in Council from any act 
 or decision of any Provincial authority 
 
British North America Act. 
 
 37 
 
 affecting any right or privilege of the 
 Protestant or Eoman Catholic minority 
 of the Queen’s Subjects in relation to 
 Education : 
 
 4. In case any such Provincial law as 
 from time to time seems to the Gov- 
 ernor-General in 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 Sec- 
 tion is not duly executed by the proper 
 Provincial authority in that behalf, then 
 and in every such case, and as tar only 
 as the circumstances of each case re- 
 quire, the Parliament of Canada may 
 make remedial laws for the due execu- 
 tion of the provisions of this Section 
 and of any decision of the Governor- 
 General in Council under this Section. 
 
 Uniformity of Laws in Ontario , Nova Scotia , 
 and New Brunswick. 
 
 94. Notwithstanding anything in this Act, Legsiatiori jor 
 the Parliament of Canada may make pro- Laws^nthree 
 vision for the uniformity of all or any of the Provinces * 
 laws relative to property and civil rights in 
 Ontario, Nova Scotia and New Brunswick, 
 and of the procedure of all or any of the 
 Courts in those three Provinces, and from 
 and after the passing of any Act in that be- 
 half, the power of the Parliament of Canada 
 to make laws in relation to any matter com- 
 prised in any such Act shall, notwithstand- 
 ing anything in this Act, be unrestricted; 
 but any Act of the Parliament ot Canada 
 making provision for such uniformity shall 
 
38 
 
 British North America Act. 
 
 not have effect in an y Province unless and 
 nntil it is adopted and enacted as Taw by 
 the Legislature thereof. 
 
 Agriculture and Immigration. 
 
 °°wers r of n Le«-is ^5. eac ^ Province the Legislature may 
 Etion^espectong make laws in relation to Agriculture in the 
 Agriculture, &c. Province, and to Immigration into the Pro- 
 vince; and it is hereby declared that the 
 Parliament of Canada may from time to 
 time make laws in relation to Agriculture 
 in all or any of the Provinces, and to Immi- 
 gration into all or any of the Provinces; 
 and any law of the Legislature of a Province 
 relative to Agriculture or to Immigration 
 shall have effect in and for the Province as 
 long and as far only as it is not repugnant 
 to any Act of the Parliament of Canada. 
 
 VII. — J UDICATURE. 
 
 Appointment of 96. The Govern or-General shall appoint 
 Judges. the Judges of the Superior, District, and 
 
 County Courts in each Province, except 
 those of the Courts of Probate in Nova Sco- 
 tia and New Brunswick. 
 
 Selection of 
 Judges in On- 
 tario, &c. 
 
 97. Until the laws relative to property 
 and civil rights in Ontario, Nova Scotia, and 
 New Brunswick, and the procedure of the 
 Courts in those Provinces, are made uniform, 
 the Judges of the Courts of those Provinces 
 appointed by the Governor-General shall be 
 selected from the respective Bars of those 
 Provinces. 
 
 selection o 98. The Judges of the Courts of Quebec 
 Quebec. m shall be selected from the Bar of that Pro- 
 
 vince. 
 
British North America Act. 
 
 39 
 
 99. The Judges of the Superior Courts Tenure of office 
 shall hold office during good behaviour, but superior Courts, 
 shall be removable by the Governor-General 
 
 on address of the Senate and House of Com- 
 mons. 
 
 100. The salaries, allowances, and pen- &c ’’ ° f 
 
 sions of the Judges of the Superior, District, ’ u " eb ' 
 
 and County Courts (except the Courts of 
 Probate in Nova Scotia and New Bruns- 
 wick,) and of the Admiralty Courts in cases 
 where the Judges thereof are for the time 
 being paid by salary, shall be fixed and pro- 
 vided by the Parliament of Canada. 
 
 101. The Parliament of Canada may, not- General court of 
 withstanding anything in this Act, from Appea1, &c * 
 time to time, provide for the constitution, 
 maintenance, and organization of a General 
 
 Court of Appeal for Canada, and for the 
 establishment of any additional Courts for 
 the better Administration of the Laws of 
 Canada. 
 
 VIII. — Revenues; Debts* Assets; 
 
 Taxation. 
 
 102. All Duties and Revenues over which creation of 
 the respective Legislatures of Canada, Nova RevenueFund. 
 Scotia, and New Brunswick before and at 
 
 the Union had and have power of appropri- 
 ation, except such portions thereof as are 
 by this Act reserved to the respective Legis- 
 latures of the Provinces, or are raised by 
 them in accordance with the special powers 
 conferred on them by this Act, shall form 
 one Consolidated Revenue Fund, to be ap- 
 propriated for the public service of Canada 
 
40 
 
 British North America Act. 
 
 Expenses of 
 collection, &e. 
 
 Interest of Pro- 
 vincial Public 
 Debts. 
 
 Salary of Go- 
 vernor-General. 
 
 Appropriation 
 from time to 
 time. 
 
 Transfer of 
 stocks, &c. 
 
 in the manner and subject to the charges in 
 this Act provided. 
 
 103. The Consolidated .Revenue Fund of 
 Canada shall be permanently charged with 
 the costs, charges, and expenses incident to 
 the collection, management, and receipt 
 thereof, and the same shall form the first 
 charge thereon, subject to be reviewed and 
 audited in such manner as shall be ordered 
 by the Governor-General in Council until 
 the Parliament otherwise provides. 
 
 104. The annual interest of the public 
 debts of the several Provinces of Canada, 
 Nova Scotia, and New Brunswick at the 
 Union shall form the second charge on the 
 Consolidated Revenue Fund of Canada. 
 
 105. Unless altered by the Parliament of 
 Canada, the salary of the Governor-General 
 shall be Ten Thousand Pounds sterling 
 money of the United Kingdom of Great 
 Britain and Ireland, payable out of the Con- 
 solidated Revenue Fund of Canada, and the 
 same shall form the third charge thereon. 
 
 106. Subject to the several payments by 
 this Act charged on the Consolidated Rev- 
 enue Fund of Canada, the same shall be 
 appropriated by the Parliament of Canada 
 for the public service. 
 
 107. All Stocks, Bankers’ Balances, and 
 Securities for money belonging to each Pro- 
 vince at the time of the Union, except as in 
 this Act mentioned, shall be the property of 
 Canada, and shall be taken in reduction of 
 the amount of the respective debts of the 
 Provinces at the Union. 
 
British North America Act. 
 
 41 
 
 108. The Public Works and Property of Transfer of 
 each Province, enumerated in the Third schedule in 
 Schedule to this Act, shall be the property 
 
 of Canada. 
 
 109. All Lands, Mines, Minerals, and Boy- property in 
 alties belonging to the several Provinces of ^ nds ’ Mines ’ 
 Canada, Nova Scotia, and New Brunswick 
 
 at the Union, and all sums then due or pay- 
 able for such Lands, Mines, Minerals, or 
 Boyalties, shall belong to the several Pro- 
 vinces of Ontario, Quebec, Nova Scotia, and 
 New Brunswick in which the same are 
 situate or arise, subject to any trusts exist- 
 ing in respect thereof, and to any interest 
 other than that of the Province in the same. 
 
 110. All Assets connected with such por- Assets connected 
 tions of the Public Debt of each Province as ^ Provi “ < ^., J 
 are assumed by that Province shall belong 
 
 to that Province. 
 
 111. Canada shall be liable for the Debts Canada to be 
 and Liabilities of each Province existing at ^dai^ebts 0 
 the Union. 
 
 112. Ontario, and Quebec conjointly shall Debts of Ontario 
 be liable to Canada for the amount (if any ) and Q uebec - 
 by which the debt of the Province of Canada 
 
 exceeds at the Union Sixty-two million five 
 hundred thousand Dollars, and shall be 
 charged with interest at the rate of five per 
 centum per annum thereon. 
 
 113. TheJAssets enumerated in the Fourth Assets of Ontario 
 Schedule to this Act, belonging at the Union and Quebec, 
 to the Province of Canada shall be the prop- 
 erty of Ontario and Quebec conjointly. 
 
 114. Nova Scotia shall be liable to Canada ®ebto f Nova 
 for the amount (if any) by which its public 
 
42 
 
 British North America Act. 
 
 Debt of New 
 Brunswick. 
 
 Payment of in- 
 terest to Nova 
 Scotia and New 
 Brunswick. 
 
 Provincial Pub- 
 lic property. 
 
 Grants to 
 Provinces. 
 
 debt exceeds at the Union Eight million 
 Dollars, and shall be charged with interest 
 at the rate of five per centum per annum 
 thereon. 
 
 115. New Brunswick shall be liable to 
 Canada for the amount (if any) by which its 
 public debt exceeds at the Union Seven mil- 
 lion Dollars, and shall be charged with in- 
 terest at the rate of five per centum per 
 annum thereon. 
 
 116. In case the public debts of Nova. 
 Scotia and New Brunswick do not at the 
 Union amount to Eight million and Seven 
 million Dollars respectively, they shall re- 
 spectively receive, by half-yearly payments 
 in advance from the Government of Canada, 
 interest at five per centum per annum on 
 the difference between the actual amounts 
 of their respective debts and such stipulated 
 amounts. 
 
 117. The several Provinces shall retain all 
 their respective public property not other- 
 wise disposed of in this Act, subject to the 
 right of Canada to assume any lands or 
 public property required for Fortifications 
 or for the Defence of the Country. 
 
 118. The following sums shall be paid 
 
 yearly by Canada to the several Provinces 
 for the support of their Governments and 
 Legislatures.— DoHars. 
 
 Ontario Eighty Thousand. 
 
 Quebec Seventy Thousand. 
 
 Nova Scotia Sixty Thousand. 
 
 New Brunswick Fifty Thousand. 
 
 Two Hundred and Sixty Thousand; 
 
British North America Act. 43 
 
 and an annual grant in aid of each Province 
 shall be made, equal to Eighty Cents per 
 head of the population as ascertained by the 
 census of One thousand eight hundred and 
 sixty-one, and in the case of Nova Scotia 
 and New Brunswick, by each subsequent 
 decennial census until the population of each 
 of those two Provinces amounts to Four 
 hundred thousand souls, at which rate such 
 grant shall thereafter remain. Such grants 
 shall be in full settlement of all future de- 
 mands on Canada, and shall be paid half- 
 yearly in advance to each Province; but 
 the Government of Canada shall deduct 
 from such grants, as against any Province, 
 all sums chargeable as interest on the public 
 debt of that Province in excess of the sev- 
 eral amounts stipulated in this Act. 
 
 119. New Brunswick shall receive by half- Further Grant to 
 yearly payments in advance from Canada New Brun8Wlck * 
 for the period of ten years from the Union 
 
 an additional allowance of Sixty-three thou- 
 sand Dollars per annum; but as long as the 
 public debt of that Province remains under 
 Seven million Dollars, a deduction equal to 
 the interest at five per centum per annum 
 on such deficiency shall be made from that 
 allowance of Sixty-three thousand Dollars. 
 
 120. All payments to be made under this Form of pay- 
 Act, or in discharge of liabilities created ments - 
 under any Act of the Provinces of Canada, 
 
 Nova Scotia, and New Brunswick respec- 
 tively, and assumed by Canada, shall, until 
 the Parliament of Canada otherwise directs, 
 be made in such form and manner as may 
 
44 
 
 British North America Act. 
 
 Canadian manu- 
 factures, &c. 
 
 Continuance of 
 Customs and 
 Excise Laws. 
 
 Exportation and 
 Importation as 
 between two 
 Provinces. 
 
 Lumber Dues in 
 New Brunswick. 
 
 Exemption of 
 Public Lands, 
 &c. 
 
 Provincial Con- 
 solidated Rev- 
 enue Fund. 
 
 from time to time be ordered by the Gov- 
 ernor-General in Council. 
 
 121. All articles of the growth, produce, 
 or manufacture of any one of the Provinces 
 shall, from and after the Union, be admitted 
 free into each of the other Provinces. 
 
 122. The Customs and Excise Laws of 
 each Province shall, subject to the provisions 
 of this Act, continue in force until altered 
 by the Parliament of Canada. 
 
 123. Where Customs Duties are, at the 
 Unioft, leviable on any goods, wares, or mer- 
 chandizes in any two Provinces, those goods, 
 wares, and merchandizes may, from and after 
 the Union, be imported from one of those 
 Provinces into the other of them on proof of 
 payment of the Customs Duty leviable there- 
 on in the Province of exportation, and on 
 payment of such further amount (if any) of 
 Customs Duty as is leviable thereon in the 
 Province of importation. 
 
 124. Nothing in this Act shall affect the 
 right of New Brunswick to levy the lumber 
 dues provided in Chapter Fifteen of Title 
 Three of the Bevised Statutes of New Bruns- 
 wick, or in any Act amending that Act 
 before or after the Union, and not increasing 
 the amount of such dues; but the lumber of 
 any of the Provinces other than New Bruns- 
 wick shall not be subject to such dues. 
 
 125. No Lands or Property belonging to 
 Canada or any Province shall be liable to 
 taxation. 
 
 126. Such portions of the Duties and Bev- 
 enues over which the respective Legislatures 
 
British North America Act. 
 
 45 
 
 of Canada, Nova Scotia, and New Brunswick 
 had before the Union power of appropriation 
 as are by this Act reserved to the respective 
 Governments or Legislatures of the Pro- 
 vinces, and all Duties and Revenues raised 
 by them in accordance with the special 
 powers conferred upon them by this Act, 
 shall in each Province form one Consolidated 
 Revenue Fund to be appropriated for the 
 Public Service of the Province. 
 
 IX. — Miscellaneous Provisions. 
 
 General. 
 
 127. If any person being, at the passing of as to Legislative 
 this Act, a Member of the Legislative Coun- p^nceTbe-* 
 cil of Canada, Nova Scotia, or New Bruns- coming Senators 
 wick, to whom a place in the Senate is 
 
 offered, does not within thirty days there- 
 after, by writing under his hand addressed 
 to the Governor-General of the Province of 
 Canada, or to the Lieutenant-Governor of 
 Nova Scotia or New Brunswick (as the case 
 may be), accept the same, he shall be 
 deemed to have declined the same; and any 
 person who, being at the passing of this Act 
 a Member of the Legislative Council of 
 Nova Scotia or New Brunswick, accepts a 
 place in the Senate shall thereby vacate his 
 Seat in such Legislative Council. 
 
 128. Every Member of the Senate or House oath of Aiie- 
 of Commons of Canada shall, before taking s iance > &c - 
 his Seat therein, take and subscribe before 
 
 the Governor-General or some person author- 
 ized by him, and every Member of a Legis- 
 lative Council or Legislative Assembly of 
 any Province shall, before taking his Seat 
 
46 
 
 British North America Act. 
 
 Continuance of 
 existing Laws, 
 Courts, Officers, 
 &c. 
 
 Transfer of Offi- 
 cers to Canada. 
 
 therein, take and subscribe before the Lieu- 
 tenant-Governor of the Province or some 
 person authorized by him, the Oath of 
 Allegiance contained in the Fifth Schedule 
 to this Act; and every Member of the Senate 
 of Canada and every Member of the Legis- 
 lative Council of Quebec shall also, before 
 taking his Seat therein, take and subscribe 
 before the Governor-General or some person 
 authorized by him, the Declaration of Quali- 
 fication contained in the same Schedule. 
 
 129. Except as otherwise provided by this 
 Act, all Lawk in force in Canada, Nova 
 Scotia, or New Brunswick at the Union, and 
 all Courts of Civil arid Criminal Jurisdiction, 
 and all legal Commissions, Powers, and 
 Authorities, and all Officers, judicial, Admin- 
 istrative, and Ministerial, existing therein at 
 the Union, shall continue in Ontario, Quebec, 
 Nova Scotia, and New Brunswick respec- 
 tively, as if the Union had not been made; 
 subject nevertheless (except with respect to 
 such as are enacted by or exist under Acts 
 of the Parliament of Great Britain or of the 
 Parliament of the United Kingdom of Great 
 Britain and Ireland,) to be repealed, abol- 
 ished, or altered by the Parliament of 
 Canada, or by the Legislature of the re- 
 spective Province, according to the author- 
 ity of the Parliament or of that Legislature 
 under this Act. 
 
 130. Until the Parliament of Canada other- 
 wise provides, all Officers of the several 
 Provinces having duties to discharge in 
 relation to matters other than those coming 
 within the classes of subjects by this Act 
 
British North America Act* 
 
 47 
 
 assigned exclusively to the Legislatures of 
 the Provinces shall be Officers of Canada, 
 and shall continue to discharge the duties of 
 their respective offices under the same 
 liabilities, responsibilities, and penalties as 
 if the Union had not been made. 
 
 131. Until the Parliament of Canada other- Appointment of 
 wise provides, the Governor-General i 0 new 0fficers - 
 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 Treaty obiiga* 
 Canada shall have all powers necessary or tlons * 
 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. 
 
 133. Either the English or French language use of English 
 may be used by any person in the debates of^.^^ h 
 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 Becords 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 . 
 
 131 . Until the Legislature of Ontario or of Appointment of 
 
 Executive Offt 
 
48 
 
 British North America Act. 
 
 ers for Ontario Quebec otherwise provides, the Lieutenant- 
 and Quebec. Governors of Ontario and Quebec may each 
 
 appoint, under the Great Seal of the Province, 4 
 the following Officers, to hold office during 
 pleasure, that is to say, — the Attorney- 
 General, the Secretary 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 ma} x , by order of the 
 Lieutenant-Governor 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 Depart- 
 ments over which they shall preside or to 
 which they shall belong, and of the Officers 
 and Clerks thereof. 
 
 Powers, duties, 135. Until the Legislature of Ontario or 
 Hve officers? 1 " Quebec otherwise provides, all rights, powers, 
 duties, functions, responsibilities, or author- 
 ities at the passing of this Act vested in or 
 imposed on the Attorney-General, Solicitor- 
 General, Secretary and Eegistrar of the 
 Province of Canada, Minister of Finance, 
 Commissioner of Crown Lands, Commis- 
 sioner 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 repug- 
 nant to this Act, shall be vested in or im- 
 
British North America Act. 
 
 49 
 
 posed 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 per- 
 form 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 Seals. 
 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. 
 
 137. The words “ and from thence to the construction of 
 iC end of the then next ensuing Session of the temporary Acts. 
 11 Legislature,” or words to the same effect, 
 
 used in any temporary Act of the Province 
 of Canada not expired before t fie 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 
 powers of the same as defined by this Act. 
 
 138. From and after the Union the use of As to errors in 
 the words “Upper Canada” instead 0 f names - 
 
 u Ontario,” or “ Lower Canada ” instead of 
 “ Quebec,” in any Deed, Writ, Process, 
 
 Pleading, Document, Matter, or Thing, shall 
 not invalidate the same. 
 
50 
 
 British North America Act. 
 
 As to issue of 
 Proclamations 
 before Union, to 
 commence after 
 Union. 
 
 As to issue of 
 Proclamations 
 after Union. 
 
 Penitentiary. 
 
 Arbitration re- 
 specting Debts, 
 &c. 
 
 139. Any Proclamation under the 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 con- 
 tinue of like force and effect as if the Union 
 had not been made. 
 
 140. Any Proclamation which is author- 
 ized 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 not 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 proclaimed shall be and continue of 
 the like force and effect in Ontario or Quebec 
 as if the Union had not been made. 
 
 141. The Penitentiary of the Province of 
 Canada shall, until the Parliament of Canada 
 otherwise provides, be and continue the Pen- 
 itentiary of Ontario and of Quebec. 
 
 142. The division and adjustment of the 
 Debts, Credits, Liabilities, Properties, and 
 Assets of Upper Canada and Lower Canada 
 shall be referred to the arbitrament of three 
 arbitrators, one chosen by the Government 
 of Ontario, one by the Government of Quebec, 
 and one by the Government of Canada; and 
 
British North America Act. 
 
 51 
 
 the selection of the arbitrators shall not be 
 made until the Parliament of Canada and 
 the Legislatures of Ontario and Quebec have 
 met; and the arbitrator chosen by the 
 Government of Canada shall not be a resi- 
 dent either in Ontario or in Quebec. 
 
 143. The Governor-General in Council may 
 from time to time order that such and so 
 many of the records, books, and documents 
 of the Province of Canada as he thinks fit 
 shall be appropriated and delivered either to 
 Ontario or to Quebec, and the same shall 
 thenceforth be the property of that Province; 
 and any copy thereof or extract therefrom, 
 duly certified by the Officer having charge 
 of the original thereof, shall be admitted as 
 evidence. 
 
 144. The Lieutenant-Governor of Quebec 
 may from time to time, by Proclamation 
 under the Great Seal of the Provi nce, to take 
 effect from a day to be appointed therein, 
 constitute Townships in those parts of the 
 Province of Quebec in which Townships are 
 not then already constituted, and fix the 
 metes and bounds thereof. 
 
 X. — Intercolonial Railway. 
 
 145. Inasmuch as the Provinces of Canada, 
 Nova Scotia, and New Brunswisk have joined 
 in a declaration that the construction of the 
 Intercolonial Railway is essential to the con- 
 solidation of the Union of British North 
 America, and to the assent thereto of Nova 
 Scotia and New Brunswick, and have con- 
 sequently agreed that provision should be 
 made for its immediate construction by the 
 
 Division of 
 Records. 
 
 Constitution of 
 townships in 
 Quebec. 
 
 Duty of Govern- 
 ment and Par- 
 liament of Can- 
 ada to make 
 railway herein 
 described. 
 
52 British North America Act. 
 
 Government of Canada : Therefore, in order 
 to give effect to that agreement, it shall be 
 the duty of the Government and Parliament 
 of Canada to provide for the commencement, 
 within Six Months after the Union, of a 
 Bailway connecting the Biver St. Lawrence 
 with City of Halifax in Nova Scotia, and for 
 the construction thereof without intermis- 
 sion, and the completion thereof with all 
 practicable speed. 
 
 XI. — Admission of other Colonies. 
 
 rower to admit 146. It shall be lawful for the Queen, by 
 &T'intothe nd ’ aU( ^ with the advice of Her Majesty’s Most 
 union. Honourable Privy Council, on Addresses 
 
 from the Houses of the Parliament of Can- 
 ada, and from the Houses of the respective 
 Legislatures of the Colonies or Provinces of 
 Newfoundland, Prince Edward Island, and 
 British Columbia, to admit those Colonies 
 or Provinces, or any of them, into the Union, 
 and on Address from the Houses of the Par- 
 liament of Canada to admit Bupert’s Land 
 and the North-Western Territory, or either 
 of them, into the Union, on such terms and 
 conditions in each case as are in the Addres- 
 ses expressed and as the Queen thinks fit to 
 approve, subject to the provisions of this 
 Act ; and the provisions of any Order in 
 Council in that behalf shall have effect as if 
 they had been enacted by the Parliament of 
 the United Kingdom of Great Britain and 
 Ireland. 
 
 As to represen- 147. In case of the admission of New- 
 foundiandmTd’ foundland and Prince Edward Island, or 
 prince Edward either of them, each shall be entitled to a 
 Tsan m enate. re p regen ^i oii Senate of Canada of 
 
British North America Act. 
 
 53 
 
 Four Members, and (notwithstanding any- 
 thing in this Act) in case of the admission 
 of Newfoundland the normal number of 
 Senators shall be Seventy-six and their 
 maximum number shall be Eighty-two ; but 
 Prince Edward Island when admitted shall 
 be deemed to be comprised in the third of 
 the Three Divisions into which Canada is, 
 in relation to the constitution of the Senate, 
 divided by this Act, and accordingly, after 
 the admission of Prince Edward Island, 
 whether Newfoundland is admitted or not, 
 the representation of Nova Scotia and New 
 Brunswick in the Senate shall, as vacancies 
 occur, be reduced from Twelve to Ten Mem- 
 bers respectively, and the representation of 
 each of those Provinces shall not be increas- 
 ed at any time beyond Ten, except under 
 the provisions of this Act for the appoint- 
 ment of Three or Six additional Senators 
 under the direction of the Queen. 
 
 SCHEDULES. 
 
 The First Schedule. 
 
 Electoral Districts of Ontario . 
 [Omitted.] 
 
 The Second Schedule. 
 
 Electoral Districts of Quebec specially fixed. 
 [Omitted.] 
 
54 
 
 British North America Act. 
 
 The Third Schedude. 
 
 Provincial Public Works and Property to be 
 the Property of Canada. 
 
 1. Canals, with lands and water power 
 
 connected therewith. 
 
 2. Public Harbours. 
 
 3. Lighthouses and Piers, and Sable Is- 
 
 land. 
 
 4. Steamboats, Dredges, and Public Ves- 
 1 sels. 
 
 5. Rivers and Lake Improvements. 
 
 6. Railways and Railway Stocks, Mort- 
 
 gages, and other Debts due by Rail- 
 way Companies. 
 
 7. Military Roads. 
 
 8. Custom Houses, Post Offices, and all 
 
 other Public Buildings, except such 
 as the Government of Canada appro- 
 priate lor the use of the Provincial 
 Legislatures and Governments. 
 
 9. Property transferred by the Imperial 
 
 Government, and known as Ordnance 
 Property. 
 
 10. Armouries, Drill Sheds, Military Clo- 
 thing, and Munitions of War, and 
 Lands set apart for general Public 
 Purposes. 
 
 The Fourth Schedule. 
 
 Assets to be the Property of Ontario and 
 Quebec conjointly. 
 
 [Omitted.] 
 
British North America Act. 55 
 
 The Fifth Schedule. 
 
 Oath of Allegiance. 
 
 1, A. B., do swear, that I will be faithful 
 and bear true Allegiance to Her Majesty 
 Queen Victoria. 
 
 Note. — The name of the King or Queen of the United 
 Kingdom of Great Britain and Ireland for the time 
 being is to be substituted from time to time , with proper 
 terms of reference thereto. 
 
 Declaration of Qualification. 
 
 I, A. B.j do declare and testify, that I am 
 by law duly qualified to be appointed a 
 Member of the Senate of Canada [or as the 
 case may 6e], and that I am legally or equit- 
 ably seised as of Freehold for my own use 
 and benefit of Lands or Tenements held in 
 free and common Soeage [or seised or 
 possessed for my own use and benefit of 
 Lands or Tenements held in Franc-alleu 
 or in Eoture (as the case may be), in the 
 Province of Nova Scotia [or as the case 
 may be ] of the value of Four Thousand Hol- 
 lars over and above all .Rents, Hues, Hebts, 
 Mortgages, Charges, and Incumbrances due 
 or payable out of or charged on or affecting 
 the same, and that I have not collusively or 
 colourably obtained a title to or become 
 possessed of the said Lands and Tenements, 
 or any part thereof, for the purpose of en- 
 abling me to become a Member of the Senate 
 of Canada [or as the case may and that 
 my Eeal and Personal Property are together 
 worth Four Thousand Hollars over and 
 above my Hebts and Liabilities. 
 
Terms of Union. 
 
 57 
 
 TERMS AND CONDITIONS 
 
 UNDER WHICH THE 
 
 COLONY OF BRITISH COLUMBIA 
 
 ENTERED INTO UNION WITH THE 
 
 DOMINION OF CANADA. 
 
Terms of Union. 
 
 59 
 
 AT THE COURT AT WINDSOR, 
 
 THE 16TH DAY OF MAY, 1871. 
 
 Present: 
 
 The Queen’s Most Excellent Majesty. 
 
 His Eoyal Highness Prince Arthur. 
 
 Lord Privy Seal. Lord Chamberlain. 
 
 Earl Cowper. Mr. Secretary Cardwell. 
 
 Earl of Kimberley. Mr. Ayrton. 
 
 W 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 Honour- 
 able Privy Council, on Addresses from the Houses of 
 the Parliament of Canada, and of the Legislature of 
 the Colony of British Columbia, to admit 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 pro- 
 visions of any Order in Council in that behalf should 
 have effect as if they had been enacted by the Parlia- 
 ment of the United Kingdom of Great Britain and 
 Ireland. 
 
60 
 
 Terms of Union. 
 
 And whereas by Addresses from the Houses of the 
 Parliament of Canada and from the Legislative Council 
 Of British Columbia respectively, of which Addresses 
 copies are contained in the Schedule to this Order an- 
 nexed, Her Majesty was prayed, by and with the 
 advice of Her Most Honourable 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 ordered 
 and 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 Par- 
 liament, 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 in 
 British Columbia for which the first election of mem- 
 bers 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: — 
 
 “New Westminster District” and the “Coast Dis- 
 trict,” as defined in a public notice issued from 
 the Lands and Works Office in the said Colony 
 on the fifteenth day of December, one thousand 
 eight hundred and sixty-nine, by the desire of 
 the Governor, and purporting to be in accordance 
 with the provisions of the thirty-ninth clause of 
 the “Mineral Ordinance, 1869,” shall constitute 
 
Terms of Union. 
 
 61 
 
 one district, to be designated “New Westminster 
 District,” and return one member. 
 
 “Cariboo District” and “Lillooet District,” as speci- 
 fied in the said public notice, shall constitute one 
 district, to be designated “ Cariboo District,” and 
 return one member. 
 
 “Tale District” and “Kootenay District,” as speci- 
 fied in the said public notice, shall constitute one 
 district, to be designated “Yale District,” and 
 return one member. 
 
 Those portions of Vancouver Island known as 
 “Victoria District,” “Esquimalt District,” and 
 “Metchosin District,” as defined in the official 
 maps of those districts which are in the Land 
 Office, Victoria, and are designated respectively 
 “Victoria District Official Map, 1858,” “Esqui- 
 malt District Official Map, 1858,” and “Metcho- 
 sin District Official Map, A. D. 1858,” shall con- 
 stitute one district, to be designated “Victoria 
 District,” and return two members. 
 
 All the remainder of Vancouver Island, and all such 
 islands adjacent thereto as were formerly depen- 
 dencies of the late Colony of Vancouver Island, 
 shall constitute one district, to be designated 
 “Vancouver Island District,” and return one 
 member. 
 
 And the Eight Honourable Earl of Kimberley, one 
 of Her Majesty's Principal Secretaries of State, is ta 
 give the necessary directions herein accordingly. 
 
 (Signed) Arthur Helps. 
 
62 
 
 Terms of Union. 
 
 THE TEEMS OF UNION. 
 
 1. Canada shall be liable for the debts and liabilities 
 of British Columbia existing at the time of the Union. 
 
 2. British Columbia not having incurred debts equal 
 to those of the other Provinces now constituting the 
 Dominion, shall be entitled to receive, by half-yearly 
 payments, in advance, from the General Government, 
 interest at the rate of five per cent, per annum on the 
 difference between the actual amount of its indebted- 
 ness at the date of the Union and the indebtedness per 
 head of the population of Nova Scotia and New Bruns- 
 wick (27.77 dollars), the population of British Colum- 
 bia being taken at 60,000. 
 
 3. The following sums shall be paid by Canada to 
 British Columbia for the support of its Government and 
 Legislature, to wit, an annual subsidy of 35,000 dollars, 
 and an annual grant equal to 80 cents per head of the 
 said population of 60,000, both half-yearly in advance; 
 such grant of 80 cents per head to be augmented in 
 proportion to the increase of population, as may be 
 shown by each subsequent decennial census, until the 
 population amounts to 400,000, at which rate such grant 
 shall thereafter remain, it being understood that the 
 first census be taken in the year 1881. 
 
 4. The Dominion will provide an efficient mail ser- 
 vice, fortnightly, by steam communication, between 
 Victoria and San Francisco, and twice a week between 
 Victoria and Olympia; the vessels to be adapted for 
 the conveyance of freight and passengers. 
 
 5. Canada will assume and defray the charges for 
 the following services: — 
 
 A. Salary of the Lieutenant-Governor; 
 
Terms of Union. 
 
 63 
 
 B. Salaries and allowances of the Judges of the 
 
 Superior Courts and the County or District 
 Courts; 
 
 C. The charges in respect to the Department of 
 
 Customs; 
 
 D. The Postal and Telegraphic Services; 
 
 E. Protection and encouragement of Fisheries; 
 
 F. Provision for the Militia; 
 
 G-. Lighthouses, Buoys, and Beacons, Shipwrecked 
 crews, Quarantine and Marine Hospitals, in- 
 cluding a Marine Hospital at Victoria; 
 
 H. The Geological Survey; 
 
 I. The Penitentiary. 
 
 And such further charges as may be incident to and 
 connected with the services which, by the “ British 
 North America Act of 1867,” appertain to the General 
 Government, and as are or may be allowed to the other 
 Provinces. 
 
 6. Suitable pensions, such as shall be approved of by 
 Her Majesty’s Government, shall be provided by the 
 Government of the Dominion for those of Her Majesty’s 
 servants in the Colony whose position and emoluments 
 derived therefrom would be affected by political changes 
 on the admission of British Columbia into the Dominion 
 of Canada. 
 
 7. It is agreed that the existing Customs Tariff and 
 Excise Duties shall continue in force in British Colum- 
 bia until the Railway from the Pacific Coast and the 
 system of Railways in Canada are connected, unless the 
 Legislature of British Columbia should sooner decide 
 to accept the tariff and excise laws of Canada. When 
 customs and excise duties are, at the time of the union 
 of British Columbia with Canada, leviable on any goods, 
 wares, or merchandizes in British Columbia, or in the 
 
64 
 
 Terms of Union. 
 
 other Provinces of the Dominion, those goods, wares, 
 and merchandizes may, from and after the Union, be 
 imported into British Columbia from the Provinces 
 now composing the Dominion, or from either of those 
 Provinces into British Columbia, on proof of payment 
 of the customs or excise duties leviable thereon in the 
 Province of exportation, and on payment of such fur- 
 ther amount (if any) of customs or excise duties as are 
 leviable thereon in the Province of importation. This 
 arrangement to have no force or effect after the assimi- 
 lation of the tariff and excise duties of British Columbia 
 with those of the Dominion. 
 
 8. British Columbia shall be entitled to be represented 
 in the Senate by three members, and by six members in 
 the House of Commons. The representation to be in- 
 creased under the provisions of the “ British North 
 America Act, 1867. ” 
 
 9. The influence of the Dominion Government will 
 be used to secure the continued maintenance of the 
 Naval Station at Esquimalt. 
 
 10. The provisions of the “ British North America 
 Act, 1867,” shall (except those parts thereof which are 
 in terms made, or by reasonable intendment may be 
 held to be specially applicable to and only affect one 
 and not the whole of the Provinces now comprising the 
 Dominion, and except so far as the same may be varied 
 by this Minute) be applicable to British Columbia, in 
 the same way and to the like extent as they apply to 
 the other Provinces of the Dominion, and as if the 
 Colony of British Columbia had been one of the Provin- 
 ces originally united by the said Act.] 
 
 11. The Government of the Dominion undertake to 
 secure the commencement simultaneously, within two 
 years from the date of Union, of the construction of a 
 Hailway from the Pacific towards the Eocky Mountains, 
 
Terms or Union. 
 
 65 
 
 and from such point as may be selected, east of the 
 Bocky Mountains, towards the Pacific, to connect the 
 seaboard of British Columbia with the railway system 
 of Canada; and further, to secure the completion of 
 such Bailway within ten, years from the date of the 
 union. 
 
 And the Government of British Columbia agree to 
 convey to the Dominion Government, in trust, to be 
 appropriated in such manner as the Dominion Govern- 
 ment may deem advisable in furtherance ot the con- 
 struction of the said Bailway, a similar extent of public 
 lands along the line of Bailway, throughout its entire 
 length in British Columbia, not to exceed, however, 
 Twenty (20) miles on each side of said line, as may be 
 appropriated for the same purpose by the Dominion 
 Government from the public lands in the North-west 
 Territories and the Province of Manitoba. Provided, 
 that the quantity of land which may be held under pre- 
 emption right or by Crown grant within the limits of 
 the tract of land in British Columbia to be so conveyed 
 to the Dominion Government shall be made good to the 
 Dominion from contiguous public lands; and, provided 
 further, that until the commencement, within two years 
 as aforesaid from the date of the union, of the construc- 
 tion of the said Bailway, the Government of British 
 Columbia shall not sell or alienate any further portions 
 of the public lands of British Columbia in any other 
 way than under right of pre-emption, requiring actual 
 residence of the pre-emptor on the land claimed by him. 
 In consideration of the land to be so conveyed in aid 
 of the construction of the said Bailway, the Dominion 
 Government agree to pay to British Columbia, from the 
 date of the union, the sum of 100,000 Dollars per annum, 
 in half-yearly payments in advance. 
 
 12. The Dominion Government shall guarantee the 
 interest for ten years from the date of the completion 
 
66 
 
 Terms of Union. 
 
 of the works, at the rate of five per centum per annum, 
 on such sum, not exceeding £100,000 sterling, as may 
 be required for the construction of a first class Graving 
 Dock at Esquimalt. 
 
 13. The charge of the Indians, and the trusteeship 
 and management of the lands reserved for their use 
 and benefit, shall be assumed by the Dominion Govern- 
 ment, and a policy as liberal as that hitherto pursued 
 by the British Columbia Government shall be continued 
 by the Dominion Government after the union. 
 
 To carry out such policy, tracts of land of such 
 extent as it has hitherto been the practice of the British 
 Columbia Government to appropriate for that purpose, 
 shall from time to time be conveyed by the Local Gov- 
 ernment to the Dominion Government in trust for the 
 use and benefit of the Indians, on application of the 
 Dominion Government; and in case of disagreement 
 between the two Governments respecting the quantity 
 of such tracts of land to be so granted, the matter shall 
 be referred for the decision of the Secretary of State 
 for the Colonies. 
 
 14. The constitution of the Executive Authority and 
 of the Legislature of British Columbia shall, subject to 
 the provisions of the “ British North America Act, 
 1867,” continue as existing at the time of the union 
 until altered under the authority of the said Act, it 
 being at the same time understood that the Govern- 
 ment of the Dominion will readily consent to the intro- 
 duction of Besponsible Government when desired by 
 the inhabitants of British Columbia, and it being like- 
 wise understood that it is the intention of the Governor 
 of British Columbia, under the authority of the Secre- 
 tary of State for the Colonies, to amend the existing 
 constitution of the Legislature by providing that a 
 majority of its members shall be elective. 
 
Terms oe Union. 
 
 67 
 
 The union shall take effect according to the foregoing 
 terms and conditions on such day as Her Majesty by 
 and with the advice of Her Most Honourable Privy 
 Council may appoint (on Addresses from the Legisla- 
 ture of the Colony of British Columbia and of the 
 Houses of Parliament of Canada, in the terms of the 
 146th Section of the “ British North America Act, 
 1867,” and British Columbia may in its Address specify 
 the Electoral Districts for which the first election of 
 members to serve in the House of Commons shall take 
 place. 
 
Rules and Orders. 
 
 69 
 
 RULES, ORDERS, 
 
 AND 
 
 FORMS OF PROCEEDING 
 
 OF THE 
 
 Legislative assembly 
 
 OF 
 
 BRITISH COLUMBIA. 
 
Rules and Orders. 71 
 
 RULES, ORDERS, 
 
 AND 
 
 FORMS OF PROCEEDING 
 
 OF THE 
 
 LEGISLATIVE ASSEMBLY OF BRITISH COLUMBIA. 
 o 
 
 1. — Regulation and Management of the House. 
 
 1. The time for the ordinary meeting of the House 
 shall, unless otherwise ordered, be at eleven o'clock in 
 the forenoon of each sitting day, and if at that hour 
 there be not a quorum, Mr. Speaker may take the Chair 
 and adjourn. When the House rises on Friday, it shall 
 stand adjourned, unless otherwise ordered, until the 
 following Monday. 
 
 2. If at the hour of Six o’clock p.m,, the Business of 
 the day be not concluded, Mr. Speaker shall leave the 
 Chair until half-past Seven, or until such other hour as 
 may be agreed upon. 
 
 3. When the House adjourns the members shall keep 
 their seats until the Speaker has left the Chair. 
 
 4. The presence of at least Nine Members of the 
 House, including the Speaker or Chairman, elected as 
 hereinafter provided, shall be necessary to constitute a 
 Meeting of the said House for the exercise of its 
 powers. 
 
72 
 
 Rules and Orders. 
 
 5. Whenever the Speaker shall adjourn the House 
 for want of a Quorum, the time of the adjournment and 
 the names of the Members then present shall be inserted 
 in the Journal. 
 
 6. If the Speaker, from illness or other cause, does 
 not attend a meeting of the Assembly, a Member elected 
 by the Assembly may preside at such Meeting until the 
 close of such Meeting, or until the Speaker himself 
 arrives and takes the Chair; and whenever the Speaker, 
 from illness or other cause, finds it necessary to leave 
 the Chair during a meeting of the Assembly, on any 
 day, he may call on any Member thereof to take the 
 Chair and act as Speaker during the remainder of such 
 day, unless the Speaker himself resume the Chair before 
 the close of the sittings for that day, and the Member 
 so elected or so called upon shall take the Chair and 
 act as Speaker accordingly; and every Act passed, and 
 every Order made, and thing done by the said Assem- 
 bly, while such Member is acting as Speaker as afore- 
 said, shall be as valid and effectual to all intents and 
 purposes, as if done while the Speaker himself was pre- 
 siding in the Chair. 
 
 7. In case of the absence, for any reason, of the 
 Speaker from the Chair of the Assembly for a period 
 of forty-eight consecutive hours, the Assembly may 
 elect another of its Members to act as Speaker, and 
 the Member so elected shall during the continuance of 
 such absence of the Speaker, have and execute all the 
 powers, privileges, and duties of the Speaker. 
 
 8. Any Stranger admitted into any part of the House 
 or Gallery, who shall misconduct himself, or shall not 
 withdraw when Strangers are directed to withdraw, 
 while the House, or any Committee of the whole House, 
 is sitting, shall be taken into custody by the Sergeant- 
 at-Arms; and no person so taken into custody is to be 
 discharged without the special order of the House. 
 
Rules and Orders. 
 
 73 
 
 9. Any Member may require the House to be cleared 
 of Strangers, and the Speaker shall immediately give 
 directions to the Sergeant-at-Arms to execute the order, 
 without debate. 
 
 10. The Speaker shall preserve Order and Decorum, 
 and shall decide Questions of Order, subject to an 
 appeal to the House. In explaining a point of Order 
 or practice he shall state the Rule or authority appli- 
 cable to the case. 
 
 11. The Speaker shall not take part in any Debate 
 before the House. In case of an equality of Votes, Mr. 
 Speaker gives a casting vote, and any reasons stated 
 by him are entered in the Journal. 
 
 II. —Rules of Debate. 
 
 12. Every Member desiring to speak is to rise in his 
 place, uncovered, and address himself to Mr. Speaker. 
 
 13. When two or more Members rise to speak, Mr. 
 Speaker calls upon the Member who first rose in his 
 place; but a motion may be made that any Member 
 who has risen “ be now heard,” or “ do now speak.” 
 
 14. A Member called to Order by the Speaker shall 
 sit down, but may afterwards explain. The House, if 
 appealed to, shall decide on the case, but without 
 debate. If there be no appeal, the decision of the Chair 
 shall be final. 
 
 15. No Member shall speak disrespectfully of Her 
 Majesty, nor of any of the Royal Family, nor of the 
 Governor or person administering the Government of 
 Canada, nor of the Lieutenant-Governor of this Pro- 
 vince; nor shall he use offensive words against any 
 Member of this House; nor shall he speak beside the 
 question in Debate. No Member may reflect upon any 
 Vote of the House, except for the purpose of moving 
 that such Vote be rescinded. 
 
74 
 
 Rules and Orders. 
 
 16. Any Member may require the Question under 
 discussion to be read at any time of the Debate, but 
 not so as to interrupt a Member while speaking. 
 
 17. No member may speak twice to a Question, 
 except in explanation ot a material part of his speech, 
 in which he may have been misconceived, but then he 
 is not to introduce new matter. A reply is allowed to 
 a Member who has made a substantive motion to the 
 House, but not to any Member who has moved an 
 Order of the Day, an Amendment, the Previous Ques- 
 tion, or an instruction to a Committee. 
 
 III. — Conduct of Members. 
 
 18. No Member is entitled to Vote upon any question 
 in which he has a direct pecuniary interest, and the 
 Vote of any Member so interested shall be disallowed. 
 
 19. When the Speaker is putting a question, no Mem- 
 ber shall walk out of or across the House, or make any 
 noise or disturbance; and w T hen a Member is speaking 
 no Member shall interrupt him, except to Order, nor 
 pass between him and the Chair; and no Member may 
 pass between the Chair and the Table, nor between the 
 Chair and the Mace, when the Mace has been taken off 
 the Table by the Sergeant. 
 
 IY. — Business of the House. 
 
 Routine Business . 
 
 20. The ordinary Daily Routine of Business in the 
 House shall be as follows: — 
 
 Presenting Petitions. 
 
 Reading and Receiving Petitions. 
 
 Presenting Reports by Standing and Select Com- 
 mittees. 
 
 Motions. 
 
Rules and Orders. 
 
 75 
 
 The Order of Business for the consideration of the 
 House, day by day, after the above Daily Routine, 
 shall be as follows: — 
 
 Monday. 
 
 Private Bills. 
 
 Questions put by Members. 
 
 Notices of Motions. 
 
 Public Bills and Orders. 
 
 Tuesday. 
 
 Government Notice of Motions. 
 
 Government Orders. 
 
 Public Bills and Orders. 
 
 Questions put by Members. 
 
 Other Notices of Motions. 
 
 Wednesday. 
 
 (Until the hour of six o’clock, p. m.] 
 
 Questions put by Members. 
 
 Notices of Motions. 
 
 Public Bills and Orders. 
 
 (From half -past seven o’clock, p. m.) 
 
 For the first hour, Private Bills. 
 
 Public Bills and Orders. 
 
 Thursday. 
 
 (Until the hour of six o’clock, p. m. ) 
 
 Questions put by Members. 
 
 Notices of Motions. 
 
 Public Bills and Orders. 
 
 (From half -past seven o’clock, p. m.) 
 
 For the first hour, Private Bills. 
 
 Public Bills and Orders. 
 
76 Rules and Orders. 
 
 Friday. 
 
 Government Notices of Motions. 
 
 Government Orders. 
 
 Public Bills and Orders. 
 
 Questions put by Members. 
 
 Other Notices of Motions. 
 
 (For first hour after half past seven o’clock, p. in.) 
 
 Private Bills. 
 
 21. Orders of the Day for the Third Reading of Bills 
 shall take precedence of all other Orders tor the same 
 day, except Orders to which the House has previously 
 given priority. 
 
 22. Bills reported from Committees of the Whole 
 House, with Amendment, shall be placed on the Orders 
 of the Day for consideration by the House next after 
 the Third Readings. 
 
 23. Bills reported after Second Reading from any 
 Standing or Select Committee shall be placed on the 
 Order of the Day following the reception of the Report 
 for reference to a Committee of the Whole House, in 
 their proper order, next after Bills reported from Com- 
 mittees of the Whole House. 
 
 24. All items standingon the Orders of the Day shall 
 be taken up according to the precedence assigned to 
 each on the Order Book; the right being reserved to 
 the Administration of placing Government Orders at 
 the Head of the List on every Order Day except 
 Wednesday. 
 
 25. Items not taken up when called shall be dropped. 
 Dropped Orders shall be set down in the Order Book 
 after the Orders of the Day for the next day on which 
 the House shall sit. 
 
 26. All Orders undisposed of at the adjournment of 
 the House shall be postponed until next sitting day, 
 
Eules and Orders. 
 
 77 
 
 without a Mot I on to that effect, and shall have pre- 
 cedence over all other Orders except Government 
 Orders. 
 
 27. A Motion for Reading the Orders of the Day shall 
 have preference to any Motion before the House. 
 
 Questions put by Members. 
 
 28. Questions may he put to Ministers of the Crown 
 relating to Public affairs; and to other Members, re- 
 lating to any Bill, Motion, or other Public Matter con- 
 nected with tbe Business of the House, in which such 
 Members may be concerned; but in putting any such 
 Question, no argument or opinion is to be offered, nor 
 any facts stated. And in answering any such question, 
 a Member is not to debate the Matter to which the 
 same refers. 
 
 Motions and Questions. 
 
 29. A Motion to adjourn shall always be in Order, 
 but no second Motion to the same effect shall be made 
 until after some intermediate proceeding shall have 
 been had. 
 
 30. Two days’ Notice shall be given of a Motion for 
 leave to present a Bill, Resolution, or Address, for the 
 appointment of any Committee, or for the putting of a 
 Question, but this Rule shall not apply to Bills after 
 their introduction, or to Private Bills, or to the times 
 of Meeting or adjournment of the House. Such Notice 
 to be laid on the Table before Five o’clock p. m. 
 
 31. A Motion may be made by unanimous consent of 
 the House, without previous notice. 
 
 32. All motions, except a Motion to Adjourn and the 
 Previous Question, shall be written in ink, and seconded, 
 and signed by mover and seconder, before being debated 
 or put from the Chair. When a motion is seconded, it 
 shall be read by the Speaker before debate. 
 
78 
 
 Rules and Orders. 
 
 33. A Member who has made a Motion may withdraw 
 the same by leave of the House. 
 
 34. The Previous Question until it is decided, shall 
 preclude all amendment of the Main Question and all 
 debate, and shall be in the following words “ That this 
 question be now put.” If the Previous Question be 
 resolved in the affirmative, the Original Question is to 
 be put forthwith, without any amendment or debate. 
 
 35. A Motion to commit a Bill or Question until de- 
 cided, shall preclude all Amendment of the Main 
 Question. 
 
 36. Whenever the Speaker is of opinion that a Motion 
 offered to the House is contrary to the Rules and 
 Privileges of Parliament, he shall apprise the House 
 thereof immediately before putting the Question thereon, 
 and quote the Rule or authority applicable to the case. 
 
 Privilege. 
 
 37. Whenever any Matter of Privilege arises it shall 
 be taken into consideartion immediately. 
 
 Proceedings on Bills. 
 
 38. Every Bill shall be introduced upon Motion for 
 leave, specifying the Title of the Bill, or upon Motion 
 to appoint a Committee to prepare and bring it in. 
 
 39. 1ST o Bill may be introduced either in blank or in 
 imperfect shape. 
 
 40. dSTo Bill relating to Trade, or the alteration of the 
 laws concerning Trade, is to be brought into the House 
 until the proposition shall have been first considered in 
 a Committee of the Whole House, and agreed unto by 
 the House. 
 
 41. When any Bill shall be presented by a Member, 
 in pursuance of an Order of the House, the Question 
 
Bules and Orders. 
 
 79 
 
 “That this Bill be now read a first time” shall be de- 
 cided without amendment or debate. 
 
 42. Every Bill shall receive three several readings, 
 on different days, previously to being passed. On 
 urgent or extraordinary occasions a Bill may be read 
 twice or thrice, or advanced two or more stages in one 
 
 day. 
 
 43. When a Bill is read in the House the Clerk shall 
 certify upon it the Headings and the time thereof. After 
 it has passed he shall certify the same, with the date, 
 at the foot of the Bill. 
 
 44. Every Public Bill shall be read twice in the House 
 before committal or amendment. 
 
 45. In proceedings in Committee of the Whole House 
 upon Bills, the Preamble shall be first postponed, and 
 then every Clause considered by the Committee in its 
 proper order; the Preamble and Title to be last con- 
 sidered. 
 
 46. All amendments made in Committee shall be 
 reported by the Chairman to the House, which shall 
 receive the same forthwith. After Report, the Bill 
 shall be open to debate and amendment, before it is 
 ordered for a Third Beading. But when a Bill is 
 Reported without amendment, it is forthwith ordered 
 to be read a Third Time, at such time as may be ordered 
 by the House. Whenever any Bill shall be presented 
 to the Governor for his assent thereto, he may return 
 the same by Message for the re-consideration of the 
 Assembly, with such amendments as he may think 
 fitting. 
 
 47. It shall be the duty of the Law Clerk to revise 
 all Public Bills after their First Beading, and to certify 
 thereon that the same are correct ; and in every sub- 
 sequent stage of such Bills the Law Clerk shall be 
 
80 
 
 Rules and Orders. 
 
 responsible for the correctness of said Bills, should they 
 be amended. And he shall prepare a Breviat of every 
 Public Bill, previous to the Second Reading thereof. 
 
 Private Bills. 
 
 48. No Petition for any Private Bill is received by the 
 House after the first three weeks of each Session; nor 
 may any Private Bill be presented to the House after 
 the first four weeks of each Session ; nor may any 
 Report of any Standing or Select Committee upon a 
 Private Bill be received after the first six weeks of each 
 Session. And no Motion for the general suspension or 
 modification of this Rule shall be entertained by the 
 House, unless after reference made thereof at a previous 
 sitting of the House, to the Standing Committees 
 charged with consideration of Private Bills, or upon 
 Report submitted by one of such Committees. 
 
 49. The Clerk of the House shall, during each Recess 
 of Parliament, publish weekly in the Government 
 Gazette the following Rules respecting Notices of in- 
 tended applications for Private Bills, and in other 
 Newspapers the substance thereof; and shall also, 
 immediately after the issue of the Proclamation con- 
 vening Parliament for the dispatch of business, publish 
 in the British Columbia Gazette, and in other News- 
 papers, as aforesaid, until the opening of Parliament, 
 the day on which the time limited for receiving Petitions 
 for Private Bills will expire, pursuant to the foregoing 
 Rule ; and the Clerk shall also announce, by Notice 
 affixed in the Committee Rooms and Lobbies of this 
 House, by the first day of every Session, the time limited 
 
 •for receiving Petitions for Private Bills, and Private 
 Bills, and Reports thereon. 
 
 50. All applications for Private Bills, properly the 
 subject of Legislation by the Legislative Assembly of 
 British Columbia within the purview of “ The British 
 
Rules and Orders. 
 
 81 
 
 [North America Act, 1867/’ whether for the erection of 
 a Bridge, the making of a Railroad, Turnpike Road, or 
 Telegraph Line; the construction or Improvement of a 
 Harbour, Canal, Lock, Dam, or Slide, or other like 
 work; the granting of a Right of Ferry; the incor- 
 poration of any particular Trade or Calling, or of any 
 Joint Stock Company; or otherwise for granting to 
 any individual or individuals any exclusive or peculiar 
 rights or privileges whatever, or for doing any matter 
 or thing which in its operation would affect the rights 
 or property of other parties, or relate to any particular 
 class of the community; or for making any Amend- 
 ment of a like nature to any former Act, — shall require 
 a Notice, clearly and distinctly specifying the nature 
 and object of the application, to be published as follows, 
 viz.: — 
 
 A Notice inserted in the British Columbia (iazette, 
 and in one newspaper jmblished in the District affected, 
 or if there be no newspaper published therein, then in 
 a newspaper in the next nearest District in which a 
 newspaper is published. 
 
 Such Notice shall be continued in each case for a 
 period of at least six weeks, during the interval of time 
 between the close of the next preceding Session and 
 the consideration of the Petition. 
 
 51. Before any Petition praying for leave to bring in 
 a Private Bill for the erection of a Toll Bridge is pre- 
 sented to the House, the person or persons intending 
 to petition for such Bill shall, upon giving the Notice 
 prescribed by the preceding Rule, also, at the same 
 time, and in the same manner, give Notice of the Rates 
 which they intend to ask, the extent of the privilege, 
 the height of the arches, the interval between the abut- 
 ments or piers for the passage of rafts and vessels, and 
 mentioning also whether they intend to erect a draw- 
 bridge or not, and the dimensions of the same. 
 
82 
 
 Rules and Orders. 
 
 52. Petitions for Private Bills, when received by the 
 House, are to he taken into consideration (without 
 special reference) by the Committee on Standing Or- 
 ders, which is to report, in each case, whether the 
 Rules with regard to Notice have been complied with; 
 and in every case where the Notice shall prove to have 
 been insufficient, either as regards the Petition as a 
 whole, or any matter therein which ought to have 
 been specially referred to in the Notice, the Committee 
 is to recommend to the House the course to be taken 
 in consequence of such insufficiency of Notice. 
 
 53. No motion for the suspension of the Rules upon 
 any Petition for a Private Bill is to be entertained, 
 unless the same has been reported upon by the Com- 
 mittee on Standing Orders. 
 
 5L All Private Bills are introduced on Petition, and 
 presented to the House upon a motion for leave, and 
 after such Petition has been favourably reported on by 
 the Committee on Standing Orders. 
 
 55. When any Bill for confirming any Letters Patent 
 or Agreement is presented to the House, a true copy 
 of such Letters Patent or Agreement must be attached 
 to it. 
 
 5G. The expenses and costs attending on Private 
 Bills giving any exclusive privilege, or for any object 
 of profit, or private, corporate, or individual advantage; 
 or for amending, extending, or enlarging any former 
 Acts, in such manner as to confer additional powers, 
 ought not to fall on the public; accordingly the parties 
 seeking to obtain any such Bill, shall be required to 
 pay the Clerk of the House the sum of sixty dollars 
 immediately after the First Reading thereof; and all 
 such Bills shall be prepared by the parties applying for 
 the same, and printed, and sixty copies thereof shall be 
 deposited with the Clerk of the House, and distribution* 
 
 l 
 
Rules and Orders. 
 
 83 
 
 thereof made after the First Reading; and no such Bill 
 shall be reported until a certificate from the Clerk shall 
 have been filed that such fee has been paid to him ; and 
 all fees paid under this section shall be applied to the 
 use of the Government. 
 
 57. Every Private Bill, when read a first time, shall, 
 on motion, be referred to the Committee on Private 
 Bills, if any such shall have been appointed, or to some 
 other Standing Committee of the same character; and 
 all Petitions before the House for or against the Bill 
 are considered as referred to such Committee. 
 
 58. No Committee on any Private Bill, of which 
 Notice is required to be given, is to consider the same 
 until after eight clear days’ Notice of the sitting of 
 such Committee has been first affixed in the Lobby; 
 such Bill having been first printed and distributed to 
 Members. And no Motion for any general suspension 
 or modification of this Rule shall be entertained by the 
 House, unless after reference made thereof at a previous 
 sitting of the House, to the Standing Committee on 
 Private Bills, or upon Report submitted by such Com- 
 mittee. 
 
 2. On the day of the posting of any Bill under this 
 Rule, the Clerk of the House shall append to the 
 Printed Votes and Proceedings of the day, a Notice of 
 such posting; and also a Notice of Meetings of any of 
 the Standing Committees charged with the consider- 
 ation of Private Bills, or Petitions therefor, that may 
 have been appointed for the following day. 
 
 59. A copy of the Bill containing the Amendments 
 proposed to be submitted to the Standing Committee, 
 shall be deposited in the House, one clear day before 
 the meeting of the Committee thereupon. 
 
 60. All persons whose interest or property may be 
 affected by any Private Bill, shall, when required so to 
 
84 
 
 Rules and Orders. 
 
 do, appear before the Standing Committee touching 
 their consent, or may send such consent in writing, 
 proof of which may be demanded by such Committee. 
 And in every case, the Committee upon any Bill for 
 incorporating a Company, may require proof that the 
 persons whose names appear in the Bill as composing 
 the Company, are of full age, and in a position to effect 
 the objects contemplated, and have consented to 
 become incorporated. 
 
 61. All questions before Committees on Private Bills 
 are decided by a majority of voices, including the voice 
 of the Chairman; and whenever the voices are equal 
 the Chairman has a second or casting vote. 
 
 62. It is the duty of the Select Committee to which 
 any Private Bill may be referred by the House, to call 
 the attention of the House specially to any provision 
 inserted in such Bill that does not appear to have been 
 contemplated in the Notice for the same, as reported 
 upon by the Committee on Standing Orders. 
 
 63. The Committee to which a Private BUI may have 
 been referred shall report the same to the House, in 
 every case; and when any material alteration has been 
 made in the Preamble of the Bill, such alteration, and 
 the reasons for the same, are to be stated in the Report. 
 
 64. When the Committee on any Private Bill report 
 to the House that the Preamble of such Bill has not 
 been proved to their satisfaction, they must also state 
 the grounds upon which they have arrived at such a 
 decision; and no Bill so reported upon shall be placed 
 upon the Orders of the Day unless by the special order 
 of the House. 
 
 2. Private Bills otherwise reported to the House by 
 such Committee, shall be placed upon the Orders of the 
 Day following the reception of the Report, for a second 
 
Rules and Orders. 
 
 85 
 
 reading, in their proper order, next after Bills referred 
 to a Committee of the Whole House. 
 
 65. The Chairman of the Committee shall sign with 
 his name at length, a printed copy of the Bill, on which 
 the Amendments are fairly written, and shall also sign 
 with the initials of his name the several Amendments 
 made and Clauses added in Committee. 
 
 66. No important Amendment may be proposed to 
 any Private Bill, in a Committee of the Whole House, 
 or at the Third Reading of the Bill, unless two days’ 
 notice of the same shall have been given. 
 
 67. Except in cases of urgent and pressing necessity, 
 no Motion may be made to dispense with any Standing 
 Order relative to Private Bills, without due notice 
 thereof. 
 
 68. A Book, to be called the “ Private Bill Register,” 
 shall be kept by the Clerk, in which shall be entered 
 by the Clerk, the name, description, and place of resi- 
 dence of the parties applying for the Bill, or of their 
 Agent, and all the proceedings thereon, from the Peti- 
 tion to the passing of the Bill; such entry to specify 
 briefly each proceeding in the House, or in any Com- 
 mittee to which the Bill or Petition may be referred, 
 and the day on which the Committee is appointed to 
 sit. Such book to be open to public inspection daily, 
 during office hours. 
 
 69. The Clerk shall prepare, daily, lists of all Private 
 Bills, and Petitions for such Bills, upon which any 
 Committee is appointed to sit, specifying the time of 
 the meeting and the room where the Committee shall 
 sit; and the same shall be hung up in the Lobby. 
 
 70. Every Parliamentary Agent conducting proceed- 
 ings before the House, shall be personally responsible 
 to the House and to the Speaker, for the observance of 
 
86 
 
 Bules and Orders. 
 
 the Buies, Orders, and practice of Parliament, and 
 Buies prescribed by the Speaker, and also for the pay- 
 ment of all fees and charges; and he shall not act as 
 Parliamentary Agent until he shall have received the 
 express sanction and authority of the Speaker, who 
 may revoke the same at pleasure. 
 
 71. Any Agent who shall wilfully act in violation of 
 the Buies and Practice of Parliament, or any Buies to 
 be prescribed by the Speaker, or who shall wilfully 
 misconduct himself in prosecuting any proceedings 
 before the House, shall be liable to an absolute or tem- 
 porary prohibition to practice as a Parliamentary Agent, 
 at the pleasure of the Speaker. 
 
 Committees. 
 
 72. The Clerk of the House shall cause to be affixed, 
 in some conspicuous part of of the House a list of the 
 several Standing and Select Committees appointed 
 during the Session. 
 
 73. In forming a Committee of the Whole House, the 
 Speaker, before leaving the Chair, shall appoint a Chair- 
 man to preside, who shall maintain Order in the Com- 
 mittee; and the Buies of the House shall be observed 
 in Committee of the Whole House, so far as may be 
 applicable, except the rule limiting the number of times 
 of speaking. 
 
 74. Questions of Order arising in Committee of the 
 Whole House shall be decided by the Chairman, subject 
 to an appeal to the 8 House ; but disorder in a Committee 
 can only be censured by the House, on receiving a 
 report thereof. 
 
 75. A Motion that the Chairman leave the Chair shall 
 always be in Order, and shall take precedence of any 
 other motion. 
 
Rules and Orders. 
 
 87 
 
 76. No Select Committee may, without leave of the 
 House, consist of more than Six Members, and the 
 Mover may submit the names to form the Committee, 
 unless objected to by Five Members; if objected to, th| 
 House may name the Committee in the following 
 manner: — each Member to name one, and those who 
 have most voices, with the mover, shall form the same; 
 but it shall be always understood that no Member who 
 declares or decides against the principal or substance of 
 a Bill, Resolution, or matter to be committed, can be 
 nominated of such Committee. 
 
 77. Of the' number of Members appointed to compose 
 a Committee, a majority of the same shall be a Quorum, 
 unless the House has otherwise ordered. 
 
 78. Reports from Standing and Select Committees 
 may be made by Members standing in their places, and 
 without proceeding to the Bar of the House. 
 
 Witnesses. 
 
 79. The Clerk of the House is authorized to pay out 
 of the Contingent Fund to Witnesses summoned to 
 attend before any Select Committee of the House, 
 except in the case of Private Bills, a reasonable sum 
 per diem, to be determined by the Speaker, (the daily 
 rate if allowed to be the same in all cases) during their 
 attendance, and a reasonable allowance for travelling 
 expenses, upon any certificate or order of the Chairman 
 of the Committee before which such witnesses have 
 been summoned; but no witness shall be so paid, unless 
 a certificate shall have first been filed with the Chair- 
 man of such Committee, by some Member thereof, stating 
 that the evidence to be obtained from such witness is, 
 in his opinion, material and important; and no such 
 payment shall be made in any case, without the author- 
 ity of the Speaker, which shall be signified by the 
 endorsement of the Speaker upon the aforesaid certi- 
 
88 
 
 Rules and Orders. 
 
 ficate; and when any witness shall have been in attend- 
 ance during three days, if his presence is further required, 
 recourse shall again be had to the Chairman of the 
 Committee, and so on, every three days. 
 
 Divisions. 
 
 80. When Members have been called in, preparatory 
 to a Division, no further Debate is to be permitted. 
 
 81. Upon a Division, the Yeas and Nays shall not be 
 entered upon the Minutes, unless demanded by Three 
 Members, and on questions of the adjournment of the 
 House or of the debate the numbers only shall be 
 entered. 
 
 Petitions. 
 
 82. Petitions to the House shall be presented by a 
 Member, in his place, who shall be answerable that they 
 do not contain impertinent^ or improper matter, and 
 shall certify the samenSy^ndorsement. 
 
 83. Every Member offering to present a Petition to 
 the House, shall endorse his name thereupon, and con- 
 fine himself to a statement of the parties from whom it 
 comes, the number of signatures attached to it, and the 
 material allegations it contains. Petitions may be 
 either written or printed; provided always that the 
 signatures of at least three Petitioners are subscribed 
 on the sheet containing the prayer of the Petition, 
 except in the case of a single Petitioner or Corporation. 
 
 84. Every Petition not containing matter in breach 
 of the privileges of this House, and which according to 
 the Rules or practice of this House can be received, is 
 brought to the Table by direction of the Speaker, who 
 cannot allow any debate, or any Member to speak upon, 
 or in relation to, such Petition; but it may be read by 
 the Clerk at the Table, if required ; or if it complain of 
 some present personal grievance, requiring an immediate 
 
Rules and Orders. 
 
 89 
 
 remedy, the matter contained therein may be brought 
 into immediate discussion. 
 
 Aid and Supply. 
 
 [By the 54th Section of the Imperial Act, 30 Yic., 
 c. 3, “ The British North America Act, 1867/' it is pro- 
 vided that the House shall not adopt 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 by 
 a Message of the Lieutenant-Governor in the Session in 
 which such Vote, Resolution, Address, or Bill is pro- 
 posed.] 
 
 85. If any Motion be made in the House for any 
 public Aid or Charge upon the people, the consideration 
 and debate thereof may not be presently entered upon, 
 but shall be adjourned till such further day as the House 
 shall think fit to appoint ; and then it shall be referred 
 to a Committee of the Whole House, before any Reso- 
 lution or Vote of the House do pass thereupon. 
 
 VI. — Officers and Servants of the House. 
 
 86. It shall be the duty of all Permanent Officers of 
 this House to complete and finish the work remaining 
 at the close of the Session. 
 
 87. The Clerk of the House shall be responsible for 
 the safe keeping of all the Papers and Records of the 
 House, and shall have the direction and control over all 
 the Officers and Clerks employed in the offices, subject 
 to such orders as he may from time to time receive 
 from Mr. Speaker, or the House. 
 
 88. The Clerk of the House shall place on the Speaker's 
 table, every morning, previous to the Meeting of the 
 House, the Order of the Proceedings for the Day. 
 
90 
 
 Rules and Orders. 
 
 89. It shall be the duty of the Clerk to make and 
 cause to be printed, and delivered to each Member, at 
 the commencement of every Session of Parliament, a 
 List of the Reports or other periodical Statements which 
 it is the duty of any Officer or Department of the 
 Government, or any Corporate Body, to make to the 
 House, referring to the Act or Resolution, and page of 
 the volume of the Laws or Journals wherein the same 
 may be ordered \ and placing under the name of each 
 Officer or Corporation a List of Reports or Returns 
 required of him or it to be made, and the time when 
 the Report or periodical Statement may be expected. 
 
 90. The Sergeant-at-Arms attending this House shall 
 be responsible for the safe keeping of the Mace, Furn- 
 iture, and fittings thereof, and for the conduct of the 
 Messengers and inferior Servants of the House. 
 
 91. No Stranger who shall have been committed by 
 Order of the House, fo the custody of the Sergeant-at- 
 Arms, shall be released from such custody until he has 
 paid a Fee of Five Dollars to the Sergeant-at-Arms. 
 
 92. No allowance shall in future be made to any 
 person in the employ of this House who may not reside 
 at the Seat of Government, for travelling expenses in 
 coming to attend his duties. 
 
 Unprovided Cases. 
 
 93. In all unprovided cases, the Rules, Usages, and 
 Forms of the House of Commons of the United King- 
 dom of Great Britain and Ireland shall be followed. 
 
 Sessional Orders. 
 
 Resolved, That if it shall appear that any person hath 
 been elected or returned a Member of shis House, or 
 endeavoured so to be, by bribery or other corrupt 
 practices, this House will proceed with the utmost 
 severity against all such persons as shall have been 
 
Rules and Orders. 
 
 91 
 
 willfully concerned in such bribery or other corrupt 
 practices. 
 
 Resolved , That the offer of any money or other ad- 
 vantage to any Member of this House, for the promoting 
 of any matter whatsoever depending or to be transacted 
 in Parliament, is a high crime and misdemeanor, and 
 tends to the subversion of the Constitution. 
 
Extracts prom Treaty op Washington. 
 
 EXTRACTS 
 
 FROM the 
 
 TREATY OF WASHINGTON 
 
 AFFECTING OR LIKELY TO AFFECT 
 
 BRITISH COLUMBIA. 
 

Extracts from Treaty of Washington. 95 
 
 EXTRACTS FROM THE TREATY 
 OF WASHINGTON. 
 
 ARTICLE XVIII. 
 
 It is agreed by the High Contracting Parties that, in 
 addition to the liberty secured to the United States 7 
 fishermen by the Convention between Great Britain 
 and the United States, signed at London on the 20th 
 day of October, 1818, of taking, curing, and drying fish 
 on certain coasts of the British North American Colo- 
 nies therein defined, the inhabitants of the United 
 States shall have, in common with the subjects of Her 
 Britannic Majesty, the liberty, for the term of years 
 mentioned in Article XXXIII. of this Treaty, to take 
 fish of every kind, except shell-fish, on the sea-coasts 
 and shores, and in the bays, harbours, and creeks, of 
 the Provinces of Quebec, Nova Scotia, and New Bruns- 
 wick, and the Colony of Prince Edward Island, and of 
 the several islands thereunto adjacent, without being 
 restricted to any distance from the shore, with permis- 
 sion to land upon the said coasts and shores and islands, 
 and also upon the Magdalen Islands, for the purpose of 
 drying their nets and curing their fish; provided that, 
 in so doing, they do not interfere with the rights of 
 private property, or with British fishermen, in the 
 peaceable use of any part of the said coasts in their 
 occupancy for the same purpose. 
 
 It is understood that the above-mentioned liberty 
 applies solely to the sea-fishery, and that the salmon 
 and shad fisheries, and all other fisheries in rivers and 
 the mouths of rivers, are hereby reserved exclusively 
 for British fishermen. 
 
96 Extracts from Treaty of Washington. 
 
 article XIX. 
 
 It is agreed by the High Contracting Parties that 
 British subjects shall have, in common with the citizens 
 of the United States, the liberty, for the term of years 
 mentioned in Article XXXIII. of this Treaty, to take 
 fish of every kind, except shell-fish, on the eastern sea- 
 coasts and shores of the United States north of the 
 thirty-ninth parallel of north latitude, and on the shores 
 of the several islands thereunto adjacent, and in the 
 bays, harbours, and creeks of the said sea-coasts and 
 shores of the United States and of the said islands, 
 without being restricted to any distance from the shore, 
 with permission to land upon the said coasts of the 
 United States and of the islands aforesaid, for the pur- 
 pose of drying their nets and curing their fish ; provided 
 that, in so doing, they do not interfere with the rights 
 of private property, or with the fishermen of the United 
 States in the peaceable use of any part of the said coasts 
 in their occupancy for the same purpose. 
 
 It is understood that the above-mentioned liberty 
 applies solely to the sea-fishery, and that salmon and 
 shad fisheries, and all other fisheries in rivers and 
 mouths of rivers are hereby reserved exclusively for 
 fishermen of the United States. 
 
 ARTICLE XX. 
 
 It is agreed that the places designated by the Com- 
 missioners appointed under the first Article of the 
 Treaty between Great Britain and the United States, 
 concluded at Washington on the 5th of June, 1854, upon 
 the coasts of the United States and Her Britannic 
 Majesty's dominions, as places reserved from the com- 
 mon right of fishing under that Treaty, shall be re- 
 garded as in like manner reserved from the common 
 right of fishing under the preceding Articles. In case 
 any question should arise between the Governments of 
 
Extracts from Treaty of Washington. 97 
 
 Her Britannic Majesty and of the United States as to 
 the common right of fishing in places not thus designa- 
 ted as reserved, it is agreed that a Commission shall be 
 appointed to designate such places, and shall be consti- 
 tuted in the same manner, and have the same powers, 
 duties, and authority as the Commission appointed 
 under the said first Article of the Treaty of 5th June, 
 1854. 
 
 ARTICLE XXI. 
 
 It is agreed that, for the term of years mentioned in 
 Article XXXIII. of this Treaty, fish oil and fish of all 
 kinds (except fish of the inland lakes, and of the rivers 
 falling into them, and except fish preserved in oil,) 
 being the produce of the fisheries of the United States 
 or of the Dominion of Canada, or of Prince Edward’s 
 Island, shall be admitted into each country, respectively, 
 free of duty. 
 
 ARTICLE XXVI. 
 
 The navigation of the Eiver St. Lawrence, ascending 
 and descending, from the 45th parallel of north latitude, 
 where it ceases to form the boundary between the two 
 countries, from, to and into the sea, shall for ever 
 remain free and open for the purposes of commerce to 
 the citizens of the United States, subject to any laws 
 and regulations of Great Britain or of the Dominion of 
 Canada, not inconsistent with such privilege of free 
 navigation. 
 
 The navigation of the Eivers Yukon, Porcupine, and 
 Stikine, ascending and descending from, to and into 
 the sea, shall forever remain free and open for the pur- 
 poses of commerce to the subjects of Her Britannic 
 Majesty and to the citizens of the United States, subject 
 to any laws and regulations of either country within 
 its own territory, not inconsistent with such privilege 
 of free navigation. 
 
98 Extracts from Treaty of Washington. 
 
 ARTICLE XXIX. 
 
 It is agreed that, for the term of years mentioned in 
 Article XXXIII. of this Treaty, goods, wares, or mer- 
 chandize arriving at the ports of New York, Boston, 
 and Portland, and any other ports in the United States 
 which have been or may from time to time be specially 
 designated by the President of the United States, and 
 destined for Her Britannic Majesty’s Possessions in 
 North America, may be entered at the proper Custom 
 House and conveyed in transit, without the payment of 
 duties, through the territory of the United States, 
 under such rules, regulations, and conditions for the 
 protection of the revenue as the Government of the 
 United States may from time to time prescribe; and, 
 under like rules, regulations, and conditions, goods, 
 wares, or merchandize may be conveyed in transit, 
 without the payment of duties, from such Possessions 
 through the territory of the United States for export 
 from the said ports of the United States. 
 
 It is further agreed that for the like period, goods, 
 wares, or merchandize arriving at any of the ports of 
 Her Britannic Majesty’s Possessions in North America 
 and destined for the United States may be entered at 
 the proper Custom House and conveyed in transit 
 without the payment of duties through the said Pos- 
 sessions, under such rules and regulations and con- 
 ditions for the protection of the revenue as the Govern- 
 ments of the said Possessions may from time to time 
 prescribe; and under like rules, regulations, and con- 
 ditions, goods, wares, or merchandize may be conveyed 
 in transit, without payment of duties, from the United 
 States through the said Possessions to other places in 
 the United States, or for export from ports in the said 
 Possessions. 
 
 ARTICLE XXX. 
 
 It is agreed that, for the term of years mentioned in 
 
Extracts from Treaty of Washington. 99 
 
 Article XXXIII, of this Treaty, subjects of Her Bri- 
 tannic Majesty may carry in British vessels, without 
 payment of duty, goods, wares, or merchandize from 
 one port or place within the territory of the United 
 States upon the St. Lawrence, the Great Lakes, and 
 the rivers connecting the same, to another port or 
 place within the territory of the United States as afore- 
 said: Provided, that a portion of such transportation 
 
 is made through the Dominion of Canada by land car- 
 riage and in bond, under such rules and regulations as 
 may be agreed upon between the Government of Her 
 Britannic Majesty and the Government of the United 
 States. 
 
 Citizens of the United States may for the like period 
 carry in United States vessels, without payment of 
 duty, goods, wares, or merchandize from one port or 
 place within the Possessions of Her Britannic Majesty 
 in North America, to another port or place within the 
 said Possessions: Provided, that a portion of such 
 
 transportation is made through the territory of the 
 United States by land carriage and in bond, under such 
 rules and regulations as may be agreed upon between 
 the Government of the United States and the Govern- 
 ment of Her Britannic Majesty. 
 
 The Government ot the United States further engages 
 not to impose any export duties on goods, wares, or 
 merchandize carried under this article through the ter- 
 ritory of the United States; and Her Majesty’s Govern- 
 ment engages to urge the Parliament of the Dominion 
 of Canada and the Legislatures of the other Colonies 
 not to impose any export duties on goods, wares, or 
 merchandize carried under this Article; and the Gov- 
 ernment of the United States may, in case such export 
 duties are imposed by the Dominion of Canada, suspend, 
 during the period that such duties are imposed, the 
 right of carrying granted under this Article in favour 
 of the subjects of Her Britannic Majesty. 
 
100 Extracts from Treaty of Washington, 
 
 The Government of the United States may suspend 
 the right of carrying granted in favour of the subjects 
 of Her Britannic Majesty under this Article in case the 
 Dominion of Canada should at any time deprive the 
 citizens of the United States of the use of the canals in 
 the said Dominion on terms of equality with the in- 
 habitants of the Dominion, as provided in Article 
 XXVII. 
 
 article xxxiii. 
 
 The foregoing Articles XVIII. to XXV. inclusive, 
 and Article XXX. of this Treaty, shall take effect as 
 soon as the laws required to carry them into operation 
 shall have been passed by the Imperial Parliament of 
 Great Britain, by the Parliament of Canada, and by 
 the Legislature of Prince Edward’s Island on the one 
 hand, and by the Congress of the United States on the 
 other. Such assent having been given, the said Articles 
 shall remain in force for the period of ten years from 
 the date at which they may come into operation; and 
 further, until the expiration of two years after either 
 of the High Contracting Parties shall have given notice 
 to the other of its wish to terminate the same; each of 
 the High Contracting Parties being at liberty to give 
 such notice to the other at the end of the said period 
 of ten years or at any time afterward. 
 
 ARTICLE XXXIV. 
 
 Whereas it was stipulated by Article I. of the Treaty 
 concluded at Washington on the 15th of June, 1846, 
 between Her Britannic Majesty and the United States, 
 that the line of boundary between the territories of the 
 United States and those of Her Britannic Majesty, 
 from the point on the forty-ninth parallel of north 
 latitude up to which it had already been ascertained, 
 should be continued westward along the said parallel of 
 north latitude “to the middle of the channel which sepa- 
 
Extracts from Treaty of Washington. 101 
 
 rates the continent from Yancouver’s Island, and thence 
 southerly, through the middle of the said channel and 
 of Fuca Straits, to the Pacific Ocean;” and whereas 
 the Commissioners appointed by the two High Con- 
 tracting Parties to determine that portion of the 
 boundary which runs southerly through the middle of 
 the channel aforesaid were unable to agree upon the 
 same; and whereas the Government of Her Britannic 
 Majesty claims that such boundary line should, under 
 the Terms of the Treaty above recited, be run through 
 the Bosario Straits, and the Government of the United 
 States claims that it should be run through the Canal 
 de Haro, it is agreed that the respective claims of the 
 Government of Her Britannic Majesty and of the Gov- 
 ernment of the United States shall be submitted to the 
 arbitration and award of His Majesty the Emperor of 
 Germany, who, having regard to the above-mentioned 
 Article of the said Treaty, shall decide thereupon, 
 finally and without appeal, which of those claims is 
 most in accordance with the true interpretation of the 
 Treaty of June 15, 1846. 
 

 ' 
 
 
 
 
 
 I 
 
Lvdex, 
 
 103 
 
 INDEX. 
 
 PAGE. 
 
 BRITISH NORTH AMERICA ACT, 1867 5 
 
 I. Preliminary 6 
 
 II. Union of the Maritime Provinces 6 
 
 Dominion of Canada 6 
 
 General census 7 
 
 III. Executive Power 7 
 
 Privy Council . 8 
 
 Seat of Government 10 
 
 IV. Legislative Power 10 
 
 Constitution of Parliament of Canada 10 
 
 Privileges of Houses 10 
 
 Yearly Session 10 
 
 The Senate: 
 
 Representation of Provinces in Senate 11 
 
 1. Ontario 11 
 
 2. Quebec 11 
 
 3. Maritime Provinces 11 
 
 Qualification of Senators 11 
 
 Summons of Senators 12 
 
 Humber of Senators 13 
 
 Resignation of Senators 13 
 
 Disqualification of Senators 13 
 
 Senate to determine qualification, &c 14 
 
 Speaker 14 
 
 Quorum 15 
 
 Voting 15 
 
 House of Commons: 
 
 Constitution of House 15 
 
 Summoning of House. 15 
 
 Senators not to sit 15 
 
 Electoral Districts of four Provinces: 15 
 
 1. Ontario 15 
 
 2. Quebec 16 
 
 3. Nova Scotia 16 
 
104 
 
 Index. 
 
 British North America Act — Continued. 
 
 PAGE. 
 
 4. New Brunswick 16 
 
 First Election 17 
 
 Vacancies 18 
 
 Election of Speaker 18 
 
 Quorum 19 
 
 Voting 19 
 
 Duration of House 19 
 
 Decennial adjustment of representation 19 
 
 Money votes, Royal Assent 21 
 
 V. Provincial Constitutions : 
 
 Executive Power: 
 
 Lieutenant-Governors, appointment of 22 
 
 Tenure of office, salaries, &c 22 
 
 Executive Officers for Ontario, Quebec 23 
 
 Nova Scotia 24 
 
 New Brunswick 24 
 
 Seats of Provincial Government 25 
 
 Legislative Power: 
 
 1. Legislature for Ontario 25 
 
 2. Legislature for Quebec 25 
 
 3. Legislatures for Ontario and Quebec 28 
 
 First Sessions 28 
 
 Restriction on office-holders 28 
 
 Duration of Assemblies 29 
 
 Yearly Session 30 
 
 Speaker, Quorum, &c * 30 
 
 4. Nova Scotia and New Brnnswick : 
 
 Constitution of Legislatures 30 
 
 5. Ontario, Quebec, and Nova Scotia : 
 
 First Elections 30 
 
 6. The four Provinces : 
 
 Provisions respecting money votes, &c. 31 
 
 VI. Distribution of Legislative Powers 31 
 
 Powers of the Parliament of Canada 31 
 
 Exclusive Powers of Provincial Legislatures 34 
 
 Education 36 
 
 Uniformity of Laws in Ontario, Nova Scotia, and 
 
 New Brunswick 37 
 
 Agriculture and Immigration 38 
 
 VII. Judicature: 
 
 Appointment of Judges 38 
 
Index. 
 
 105 
 
 British North America Act — Continued. 
 
 PAGE. 
 
 Selection in Ontario 38 
 
 ,, in Nova Scotia 38 
 
 ,, in New Brunswick 38 
 
 ,, in Quebec 38 
 
 Tenure of office 39 
 
 Salaries, &c 39 
 
 General Court of Appeal 39 
 
 VIII. Revenues, Debts, Assets, Taxation : 
 
 Consolidated Revenue Fund 39 
 
 Interest of Provincial Public Debts 40 
 
 Salary of Governor-General 40 
 
 Transfer of stocks, property, &c 40 
 
 Property in lands, mines, &c 41 
 
 Assets 41 
 
 Canada liable for Provincial Debts 41 
 
 Debts of Ontario and Quebec . . 41 
 
 Assets of Ontario and Quebec 41 
 
 Debt of Nova Scotia 41 
 
 Debt of New Brunswick 42 
 
 Provincial Public Property 42 
 
 Grants to Provinces 42 
 
 Further Grants to New Brunswick 43 
 
 Canadian manufactures, &c 44 
 
 Trade between Provinces 44 
 
 Lumber Dues, New Brunswick 44 
 
 Exemption of Public Lands 44 
 
 Provincial Consolidated Revenue Fund 44 
 
 IX. Miscellaneous Provisions : 
 
 General: 
 
 Legislative Councillors becoming Senators 45 
 
 Oath of Allegiance 45 
 
 Treaty obligation 47 
 
 French and English languages 47 
 
 Ontario and Quebec: 
 
 Appointment of Executive Officers 47 
 
 Their powers, duties, &c 48 
 
 Great Seal 49 
 
 Construction of temporary Acts 49 
 
 Errors in names 49 
 
 Proclamations 50 
 
 Penitentiary 50 
 
106 
 
 Index. 
 
 British North America Act — Concluded. 
 
 PAGE. 
 
 Arbitration 50 
 
 Division of Records 51 
 
 Townships in Quebec 51 
 
 X. Intercolonial Railway 51 
 
 XI. Admission of other Colonies : 
 
 Newfoundland 52 
 
 Prince Edward Island 52 
 
 British Columbia . . 52 
 
 Prince Rupert’s Land 52 
 
 North-West Territory 52 
 
 Representation in Senate 52 
 
 Schedules: 
 
 Electoral Districts of Ontario 53 
 
 Electoral Districts of Quebec 53 
 
 Provincial Public Works and Property to be the 
 
 Property of Canada 54 
 
 Assets to be the Property of Ontario and Quebec 
 
 jointly 54 
 
 Oath of Allegiance 55 
 
 Declaration of Qualification 55 
 
 TERMS OF UNION: 
 
 Buoys, assumption of payment of charges of, by Dominion, 
 
 art 5 63 
 
 Beacons, do. do. do. art. 5 63 
 
 British North America Act, provisions of, applicable to 
 
 British Columbia, art. 10. 64 
 
 Charges, assumption of payment of, by Dominion, art. 5 . . 62 
 
 Customs Charges, in respect of, assumption of, by Domin- 
 ion, art. 7 63 
 
 Customs Tariff and Excise Duties, provision for change, art. 7 63 
 
 Debts and Liabilities, assumption of, by Dominion, art. 1 . . 62 
 
 Dock, Graving, at Esquimalt, Dominion Government guar- 
 antee interest of cost, art. 12 65 
 
 Electoral Districts defined, Order in Council 60 
 
 Excise Duties and Customs Tariff, provision for change, art. 7 63 
 
 Esquimalt, Naval Station, continuation of, art. 9 64 
 
 Executive Authority, Constitution of, art. 14 66 
 
Index, 
 
 107 
 
 Terms of Union — Continued . 
 
 PAGE. 
 
 Fisheries, assumption of charges for encouragement of, by 
 
 Dominion, art. 14 66 
 
 Geological Survey, assumption of payment of charges of, by 
 
 Dominion, art. 5 63 
 
 Government, General, assumption of charges appertaining 
 
 to, by Dominion, art. 5 62 
 
 Governor, Lieutenant, salary of, art. 5 62 
 
 Graving Dock at Esquimalt, Dominion Government guar- 
 antee interest of cost, art. 12 65 
 
 Grant, Annual, art. 3 62 
 
 House of Commons, British Columbia represented in, art. 8 64 
 
 Indebtedness, Interest on difference of amount of, art. 2 . . . 62 
 
 Indians, charge of and trusteeship of reserves, art. 13 66 
 
 Indian Folicy, art. 13 66 
 
 Interest on difference of amount of indebtedness, art. 2 . . . 62 
 
 Judges, Supreme and County Court, salaries and allowances 
 
 of, art. 5 63 
 
 Legislature of British Columbia, Constitution of, art. 14 . . 66 
 
 Lighthouses, assumption of charges of, by Dominion, art. 5 63 
 Land, conveyance of tracts of, in trust for Indians, art. 13. 66 
 
 Conveyance of, in aid of construction of Railway, 
 
 art. 11 65 
 
 Not to be alienated for two years, art. 11 65 
 
 Dominion Government agree to pay for, art. 11 65 
 
 Mail Service, provision for, art. 4 62 
 
 Militia, assumption of charges for provision for, by Domin- 
 ion, art. 5 63 
 
 Marine Hospital, assumption of charges of, by Dominion 
 
 Government, art. 5 63 
 
 Naval Station, Esquimalt, continuance of, art. 9 64 
 
 Order in Council declaring Union 59 
 
 Population of British Columbia, art. 3 62 
 
 Postal Service, assumption of charges of, by Dominion, art. 5 63 
 Penitentiary, assumption of charges of, by Dominion, art. 5 63 
 
 Pensions to Officers, art. 6 63 
 
108 
 
 Index. 
 
 Terms of Ukion — Concluded . 
 
 PAGE. 
 
 Quarantine, assumption of charges of, by Dominion, art. 5 . 63 
 
 Railway, construction of, art. 11 64 
 
 Conveyance of Land by B. C. to Dominion, in aid 
 
 of, art. 11 65 
 
 No Land to be alienated for two years, art. 11 65 
 
 Dominion Government agree to pay B. C. for land, 
 
 art. 11 65 
 
 Responsible Government, introduction of, art. 14 66 
 
 Subsidy, Annual, art. 3 62 
 
 Shipwrecked Crews, assumption of charges of, by Dominion, 
 
 art. 5 63 
 
 Senate, B. C. represented in, art 8 64 
 
 Telegraph Service, assumption ©f charges of, by Dominion, 
 
 art. 5 63 
 
 Union, when and how to take effect, art. 14 66 
 
 RULES AND ORDERS: 
 
 Aid and Supply, Extract from British North America Act 
 
 relating to 89 
 
 If Motion made for, consideration to be adjourned, 
 
 rule 85 89 
 
 To be referred to Committee of the Whole House, 
 
 rule 85 89 
 
 Adjourn, Motion to, always in order, rule 29 77 
 
 Bills, Public: 
 
 To be introduced on Motion, or upon Motion to appoint 
 
 Committee to prepare and bring in, rule 38 ... . 78 
 
 Not to be introduced in imperfect shape, rule 39 78 
 
 Concerning Trade, not to be brought in until proposition 
 
 considered, rule 40 78 
 
 Question that Bill be read first time to be decided withj 
 
 out debate, rule 41 78 
 
 To be read three times on different days, rule 42 79 
 
 On urgent occasions Bill may be read thrice in one day, 
 
 rule 42 79 
 
 When read, Clerk to certify, rule 43 79' 
 
Index. 
 
 109 
 
 Rules and Orders — Continued . 
 
 PAGrJj. 
 
 Bills, Public — Concluded . 
 
 When passed, Clerk to certify same, with date, rule 43 . 79 
 
 To be read twice before committed, rule 44 79 
 
 In Committee of the Whole, preamble postponed, rule 45 79 
 
 Preamble and Title to be considered last, rule 45 79 
 
 Amendments in Committee to be reported by Chairman, 
 
 rule 46 79 
 
 After Report, open to debate and amendment before third 
 
 reading, rule 46 79 
 
 Reported without amendments to be read third time, r. 46 79 
 Governor may return by Message, for reconsideration, and 
 
 with amendments, rule 46 79 
 
 Law Clerk to revise Public Bills after first reading, r. 47 79 
 
 ,, to certify same correct, rule 47 79 
 
 ,, responsible for correctness of amendments, r. 47 79 
 
 ,, to prepare Breviat of Public Bill before second 
 
 reading, rule 47 79 
 
 Bills, Private: 
 
 Agent, Parliamentary. See Parliamentary Agent. 
 Amendments made, and Clauses added, to be initialed by 
 
 Chairman of Committee, rule 65 85 
 
 Notice of, to be given, rule 66 85 
 
 Committee, When read first time to be referred to, r. 57 83 
 
 Notice of sitting of, to be affixed in Lobby, r. 58 83 
 
 Copy of Bill containing amendments to be depos- 
 ited in House before meeting of, rule 59 83 
 
 Persons whose property is affected, to appear be- 
 fore, touching their consent, rule 60 83 
 
 May send consent in writing, rule 60 83 
 
 May require proof of full ago of person named in 
 
 Bill, rule 60 83 
 
 May require proof that they are in a position to ef- 
 fect the object, and have consented to become 
 
 incorporated, rule 60 83 
 
 Questions decided by majority of, including Chair- 
 man, rule 61 84 
 
 Chairman has a second or casting vote, rule 61 . . 84 
 
 To point out any provisions in Bill not contem- 
 plated in Notice as reported on, rule 62 84 
 
 To report Bill referred, to House, rule 63 84 
 
 To report alteration in Preamble of Bill, and 
 
 reasons for same, rule 63 84 
 
110 
 
 Index. 
 
 Rules and Orders — Continued . 
 
 PAGE. 
 
 Bills, Private — Continued. 
 
 Committee, When Preamble of Bill not proved, to report 
 
 grounds of decision, rule 64 84 
 
 Bill so reported not to be placed in Orders of the 
 
 Day, except by special orders, rule 64 84 
 
 Chairman to sign his name to copy of Bill, r. 65 . 85 
 
 Chairman to initial Amendments, rule 65 85 
 
 Copies to be deposited with Clerk, rule 56 82 
 
 Distributed after first reading, rule 56 82 
 
 Fee to be paid to Clerk, after first reading, rule 56 82 
 
 Bill not to be reported on until certificate of Clerk 
 
 filed that fee has been paid, rule 56 82 
 
 Fees applied for use of Government, rule 56 82 
 
 Letters Patent or Agreement, Bill to confirm, copies to be 
 
 attached, rule 55 82 
 
 Motion for leave, Bills presented on, rule 54 82 
 
 Notices, Clerk to publish Rules during recess, relating to, 
 
 rule 49 80 
 
 After Proclamation convening Parliament, Clerk 
 
 to publish date of expiry of time for receiving 
 petitions for, and announce the same by Notice 
 affixed in Committee Rooms and Lobbies, r. 49 . 80 
 
 affecting rights or property of other parties, r. 50 80 
 
 paper, for 6 weeks, rule 50 81 
 
 When Bill for Toll Bridge, to contain particulars 
 
 of rates, extent of privileges, height of arches, 
 space between piers, drawbridge, and dimen- 
 sions (if any), rule 51 81 
 
 Committee to report whether Rules relating to, 
 
 have been complied with, rule 52 82 
 
 Where insufficient, Committee to recommend 
 
 course to be taken, rule 52 82 
 
 Parliamentary Agent responsible to House and Speaker 
 for observance of Rules, &c., also for payment 
 
 of Fees, rule 70 85 
 
 Not to act without sanction of Speaker, who may 
 
 revoke, rule 70 85 
 
 misconducting himself, liable to prohibition to 
 
 practice, rule 71 86 
 
 Petition, when received by House, rule 48 80 
 
Index. 
 
 Ill 
 
 Rules and Orders — Continued. 
 
 page; 
 
 Bills, Private — Concluded. 
 
 Petition to be considered by Committee on Standing Or- 
 ders, rule 52 82 
 
 To be favourably reported on by Committee be- 
 fore Bill presented, rule 54 82 
 
 Bills introduced on, rule 54 82 
 
 Clerk to prepare daily lists of, specifying time and 
 
 place of Meeting, to be hung up in Lobby, r. 69 85 
 
 Prepared by parties applying for same, and printed, r. 56 82 
 
 Register, Private Bill, to be kept by Clerk, containing 
 name, description, and place of residence of 
 parties or agents, and all proceedings, rule 68 . . 85 
 
 Book open to public inspection, rule 68 .... T 85 
 
 Second Reading, when reported to the House to be placed 
 
 in Orders of the Day for, rule 64 84 
 
 Suspension of Rule 58 not allowed, unless after reference 
 
 to and report of Standing Committee, rule 58. . 83 
 
 Rule 48, Motion for, not entertained, unless after 
 
 reference to Standing Committee, rule 48 80 
 
 Standing Orders, Notice to be given of Motion to suspend 
 
 rule 67 85 
 
 Votes and Proceedings, Clerk to append to, a Notice of 
 
 posting time of sitting of Committee, rule 58 . . 83 
 
 Also a Notice of Meetings of Standing Commit- 
 tees, rule 58 83 
 
 Business of the House, Order of, rule 20 74 
 
 Casting Vote, Speaker gives, rule 11 * 73 
 
 Chair, Member not to pass between, and Member speaking, 
 
 rule 19 74 
 
 Member not to pass between, and Table, rule 19 . . 74 
 
 Member speaking not to be interrupted, rule 19 74 
 
 Committees, Clerk to affix, in some part of House, list of, 
 
 rule 72 86 
 
 Committees of the Whole, Speaker appoints Chairman, 
 
 rule 73 86 
 
 Rules of House applicable to, except as to number 
 
 of times speaking, rule 73 86 
 
 Questions and Order decided by Chairman, subject 
 
 to appeal to House, rule 74 86 
 
 Disorder in, censured by House, on report, rule 74 86 
 
 Motion that Chairman leave Chair always in Order, 
 
 rule 75 86 
 
112 
 
 Index. 
 
 Rules and Orders — Continued . 
 
 PAGE. 
 
 Committees, Select, Number to form, rule 76 87 
 
 Mover may submit names : if objected to House 
 
 may name Committee, rule 76 87 
 
 Majority quorum, rule 76 87 
 
 Reports of Committees may be made by Members 
 
 in their places, rule 78 87 
 
 Debate, Speaker not to take part in, rule 11 73 
 
 Member not to speak beside question in, rule 15. . . 73 
 
 Member to rise in his place, rule 12 73 
 
 Member to address himself to Speaker, rule 12 73 
 
 Member not to spenk disrespectfully of Her Majesty 
 
 or Governor, rule 15 73 
 
 Member may require question to be read, rule 16. . 74 
 
 Member not to speak twice to, except in explana- 
 tion, rule 17 74 
 
 Divisions, after Members called in no debate, rule 80 88 
 
 Yeas and Nays to be entered on Minutes, if deman- 
 ded by three Members, rule 81 88 
 
 On Questions of Adjournment, numbers only to be 
 
 entered, rule 81 88 
 
 Governor, Members not to speak disrespectfully of, rule 15 73 
 
 House, Meeting of, rule 1 .< 71 
 
 Hour of meeting, rule 1 71 
 
 Hour of rising, rule 1 71 
 
 Qporum of, rule 4 71 
 
 Adjournment of, for want of Quorum, rule 5 72 
 
 Order of Business of, rule 20 74 
 
 Mace, Member not to pass between Chair and, rule 19 ... . 74 
 
 Member not to use offensive words against Member, rule 15 73 
 
 When speaking not to be interrupted, except to 
 
 order, rule 19 74 
 
 Members, conduct of, rules 18, 19 74 
 
 Motion to adjourn always in order, rule 29 77 
 
 — Second, to adjourn not to be made until interme- 
 diate proceeding had, rule 29 77 
 
 Notice of, for leave to present Bill, Resolution, or 
 
 Address, rule 30 77 
 
 Notice of, for appointment of Committee, rule 30 . . 77 
 
 Notice of, for putting a Question, rule 30 77 
 
Index. 
 
 113 
 
 Rules and Orders — Continued . 
 
 PAGE. 
 
 Motion may be made without notice, by consent, rule 31 . . 77 
 
 To be written in ink (except Motion to Adjourn and 
 
 previous question) seconded, and signed by 
 
 mover and seconder, rule 32 77 
 
 When seconded, to be read by Speaker, rule 32 77 
 
 May be withdrawn, by leave of the House, rule 33 78 
 
 To commit Bill or Question precludes amendment 
 
 of main question, rule 35 78 
 
 When contrary to Rules and privileges, Speaker to 
 
 apprise House and Quote Rule, rule 36 78 
 
 Orders of the Day to be placed on Speaker’s table by Clerk, 
 
 rule 88 89 
 
 Order, Point of, Speaker explaining, to state Rule, rule 10 73 
 
 Question of, decided by Speaker, rule 10 73 
 
 Member called to, shall sit down, rule 14 73 
 
 House may decide on case, rule 14 73 
 
 Decision of Chair final, if no appeal, rule 14 73 
 
 Order and Decorum, Speaker to preserve, rule 10 73 
 
 Orders of the Day for third reading of Bills to take prece- 
 dence, rule 21 76 
 
 Bills reported with Amendment to be placed after 
 
 third readings, on, rule 22 76 
 
 Bills reported after second reading to be placed after 
 
 Bills reported from Committees of Whole House 
 
 on, rule 23 76 
 
 Items to be taken up in order, rule 24 76 
 
 Government Orders may be placed at head of list, 
 
 rule 24 76 
 
 Items not taken up when called, dropped, rule 25 . . 76 
 
 Dropped Orders to be set down for next sitting, r. 25 76 
 
 Orders undisposed of to be postponed without mo- 
 tion, rule 26 76 
 
 Motion for reading, to have preference, rule 27 ... . 77 
 
 Officers and Servants of the House to finish work remaining 
 
 at close of Session, rule 86 89 
 
 Clerk has control over other Clerks, subject to order 
 
 from Speaker, rule 87 89 
 
 Orders of the Day to be placed on Speaker’s table 
 rule 88 89 
 
 Statements, &c., ordered, or to be made out 
 
114 
 
 Index. 
 
 Rules and Orders — Continued . 
 
 PAGE. 
 
 under Act, and time when same may be expect- 
 ed, rule 89 90 
 
 Officers, &c. — Sergeant-at-Arms has charge of Furniture, 
 
 &c., and has control of Messengers, rule 90 ... . 90 
 
 No Stranger committed to custody of Sergeant-at- 
 
 Arms to be released until payment of fine, r. 91 90 
 
 No travelling allowance allowed to person in employ 
 
 of House, rule 92 90 
 
 Privilege, Questions of, to be considered immediately, r. 37 78 
 
 Petitions, to be presented by a Member, rule 82 88 
 
 Member answerable that they do not contain imper- 
 tinent or improper matter, rule 82 88 
 
 Member to certify same by endorsement, rule 82 . . 88 
 
 Member to confine himself to statement of the 
 
 parties, number of signatures, and allegations, 
 
 rule 83 88 
 
 May be written or printed, rule 83 88 
 
 To contain three signatures at least, except in cases 
 
 of a single petitioner or corporation, rule 83 ... . 88 
 
 Brought to table by direction of Speaker, rule 84. . 88 
 
 No debate allowed on, rule 84 88 
 
 No Member to speak thereon, rule 84 88 
 
 May be read by Clerk, rule 84 88 
 
 May be brought into immediate discussion, rule 84. 88 
 
 Question under discussion, Member may require to be read, 
 
 rule 16 74 
 
 Member not to speak twice to, except in explana- 
 tion, rule 17 74 
 
 Not to introduce new matter, rule 17 74 
 
 Reply allowed to Member making substantive Mo- 
 tion, rule 17 74 
 
 When Speaker putting, Members to observe silence, 
 
 rule 19 74 
 
 Previous, until decided precludes amendment of 
 
 main question, rule 34 78 
 
 If affirmed, original question to be put without de- 
 bate, rule 34 78 
 
 Questions by Members may be put to Ministers of the 
 
 Crown relating to public affairs, rule 23 77 
 
 Replies of Ministers to be in writing, rule 28 77 
 
 May be put to Members, relating to Bill, Motion, 
 
 &c., rule 28 77 
 
Index. 
 
 115 
 
 Rules and Orders — Concluded . 
 
 PAGE. 
 
 Questions, No argument or opinion to be offered, nor facts 
 
 stated, rule 28 77 
 
 Member answering not to debate, rule 28 77 
 
 Speaker, Absence of, rule 6 72 
 
 To preserve Order and Decorum, rule 10 73 
 
 To decide Questions of Order, subject to appeal, 
 
 rule 10 73 
 
 To state Rule or authority applicable to case, rule 10 73 
 
 Not to take part in debate, rule 11 73 
 
 Gives Casting Vote, rule 11 73 
 
 His reasons stated in Journal, rule 11 73 
 
 Member to address himself to, rule 12 73 
 
 Stranger misconducting himself, rule 8 72 
 
 Strangers, House cleared of, rule 9 73 
 
 Committed to custody, not to be released till pay- 
 ment of fine, rule 91 90 
 
 Time of meeting, rule 1 71 
 
 Time of rising, rule 1 71 
 
 Unprovided Cases, Rules, &c., of House of Commons of 
 
 England to be followed, rule 93 90 
 
 Vote, No Member to vote when pecuniarily interested, 
 
 rule 18 74 
 
 Of Member in such case disallowed, rule 18 74 
 
 Of House, No Member to reflect on, rule 15 73 
 
 Casting, Speaker gives, rule 11 73 
 
 Witnesses, Clerk authorized to pay, rule 79 87 
 
 Except in cases of Private Bills, rule 79 87 
 
 Bate determined by Speaker, rule 79 87 
 
 Travelling Expenses of, rule 79 87 
 
 On Certificate or Order of Chairman filed, stating 
 
 that witness material, rule 79 87 
 
 Not to be made without authority of Speaker en- 
 dorsed on Certificate, rule 79 87 
 
 If witness required over three days recourse to be 
 
 had to Chairman, rule 79 87 
 
 TREATY OF WASHINGTON: 
 Extracts from 
 
 95