claimed 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, Penitentiary until the Parliament of CANADA otherwise provides, be and continue the Penitentiary of Ontario and of Quebec.

pecting debts,

142 The Division and Adjustment of the Debts, Credits, Arbitration res Liabilities, Properties, and Assets of Upper Canada and ac. 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 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 Resident either in Ontario or in Quebec.

In Hon. G. Ouimet, Atty. Gen. v. Hon. J. H. Gray (15 L. C. J. 306) Beaudry, J., held:

That the Superior Court of Lower Canada has jurisdiction to enquire whether an Arbitrator appointed by the Government of the Dominion of Canada under sec. 142 of the B. N. A. Act, 1867, is in the legal exercise of his office.

cords.

143. The Governor General in Council may from time to Division of Retime 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 there from, duly certified by the Officer having charge of the Original thereof, shall be admitted as Evidence.

Townships in

144. The Lieutenant Governor of Quebec may from Time Constitution of to Time, by Proclamation under the Great Seal of the Pro-Quebec. vince, 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.

Duty of Government and

Canada to make

described.

x.—INTERCOLONIAL RAILWAY.

145. Inasmuch as the Provinces of Canada, Nova Scotia, Parliament of and New Brunswick have joined in a Declaration that the Railway herein Construction of the Intercolonial Railway is essential to the Consolidation of the Union of British North America, and to the Assent thereto of Nova Scotia and New Brunswick, and have consequently agreed that Provision should be made for its immediate Construction by the 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 Comincncement, within Six Months after the Union, of a Railway connecting the River St. Lawrence with the City of Halifax in Nova Scotia, and for the Construction thereof without intermission, and the Completion thereof with all practicable Speed.

In reference to this sub-section the Earl of Carnarvon, on the 2nd Reading of the B. N. A. Bill before the House of Lords, remarked that:

Such an undertaking was part of the compact between the several Provinces, and it was an indispensable condition on the part of New Brunswick. Successive Governments at home have entertained the scheme, and have pledged themselves to the promise of more or less assistance.

XI.-ADMISSION OF OTHER COLONIES.

146. It shall be lawful for the Queen, by and with the Advice of Her Majesty's Most Honourable Privy Council, on Addresses from the Houses of the Parliament of CANADA, 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 Parliament of Canada to admit Rupert'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 Addresses 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.

On the Second Reading of the B. N. A. Bill in the House of Lords on 19th February, 1867, the Earl of Carnarvon remarked:

There is, indeed, a question of great importance and intimately connected with the future fortunes of the Confederated Provinces, and I may perhaps be asked why it finds no place in this measure. My Lords, I am fully alive to the urgent importance of coming to some settlement of the Hudson Bay Company's claims. The progress of American colonization on the West, the Confederation of the Provinces on the East, render an early decision necessary. But till this Union is completed it would be a waste of time to discuss the relations of the Hudson Bay Company's territories to the Provinces. When once this Bill becomes law, it will be the duty of Her Majesty's Government not to lose one day unnecessarily in dealing with this great subject.

Hudson Bay Company.

On the 31st July, 1868, an Act was passed by the Imperial Parliament (31 & 32 Vict. c. 105) entitled, "An Act for enabling Her Majesty to accept a surrender upon terms" of the lands, privileges and rights of "The Governor and Company of Adventurers of England trading into Hudson Bay," and for admitting the same into the Dominion of Canada.

And in pursuance of this Act-under the pressure exercised over the Hudson Bay Company by the Colonial Secretary during the Civil War in the United States-Canada acquired all the privileges and rights of the Company in a tract of country 1,200 miles long and 500 miles broad for the sum of £300,000 sterling.

And an Imperial Act was passed (32 and 33 Viet. c. 101) to provide for the Guarantee of the loan for the payment of the Hudson Bay Company for Rupert's land.

Manitoba.

On the 22nd June, 1869, an Act was passed by the Parliament of Canada (32 and 33 Vict. c. 3) to provide for the temporary Government of Rupert's Land and the North Western Territory when united with Canada; and on the 12th May, 1870, an Amending Act was passed to provide (under the authority of the 146th section of the B. N. A. Act, 1867) for the formation, establishment and government of the Province of Manitoba, and for its admission into the Union, on and from, the day appointed by Her Majesty for the admission into the Union of the North-Western Territory and Rupert's Land. This Act also provided for the Civil Government of the remaining part of said Territories (uot included within the limits of the said Province) on and from the day appointed by Her Majesty for their admission into the Union.

As to Representation of New

Prince Edward

Senate.

North-Western Territory and Rupert's Land.

By Imperial Order in Council of the 23d June, 1870 (see 35 Vict. Can., p. lxiii), it was ordered and declared by Her Majesty, by and with the advice of the Privy Council in pursuance and exercise of the powers vested in Her Majesty by Parliament, that from and after the 15th July, 1870, the NorthWestern Territory and Rupert's Land shall be admitted into and become part of the Dominion of Canada.

British Columbia.

On addresses from the Houses of the Parliament of Canada and of the Colony of British Columbia, under 146 section of B. N. A. Act, 1867, this Colony was admitted into the Confederation by Imperial Order in Council of 16th May, 1871 (see 35 Vict., Can., p. lxxx), declaring that from and after the 20th July, 1871, the Colony of British Columbia shall be admitted into and become part of the Dominion of Canada.

Prince Edward Island.

By Act of the Parliament of Canada of 23d May, 1873 (36 Vict. c. 40), the terms and conditions of the admission into the Union of the Colony of Prince Edward Island were declared, in anticipation of its admission; and by an Imperial Order in Council of the 26th June, 1873 (see 36 Vict., Can., p. ix), this Colony was admitted as a Province of the Dominion of Canada from and after the 1st July, 1873, upon the terms and conditions set forth in the addresses of the House of Commons and Senate of Canada, and of the Legislative Council and House of Assembly of Prince Edward Island.

147. In case of the Admission of Newfoundland and foundland and Prince Edward Island, or either of them, each shall be Island in entitled to a Representation in the Senate of CANADA of Four Members, and (notwithstanding anything 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 Members respectively, and the Representation of each of those Provinces shall not be increased at any time beyond Ten, except under the Provisions of this Act for the Appointment of Three or Six additional Senators under the Direction of the Queen.

By the Statute 34 and 35 Vict. Imp. c. 28 (35 Vict. Can., p. li.), the power to establish Provinces in Territories admitted, or which may hereafter be admitted, into the Dominion of Canada was more certainly vested in the Parliament of Canada by Imperial legislation. The following is a copy of the Statute:

The British North America Act, 1871.

AN ACT

(34 and 35 Victoria, Chap. 28)

RESPECTING THE ESTABLISHMENT OF PROVINCES IN THE DOMINION OF CANADA.

[29th June, 1871.]

HEREAS doubts have been entertained respecting the powers of the Parliament of Canada to establish Provinces in Territories admitted, or which may hereafter be admitted, into the Dominion of Canada, and to provide for the representation of such Provinces in the said Parliament, and it is expedient to remove such doubts, and to vest such powers in the said Parliament:

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

1. This Act may be cited for all purposes as "The British North America Act, 1871."

2. The Parliament of Canada may from time to time establish new Provinces in any Territories forming for the time being part of the Dominion of Canada, but not included in any Province thereof, and may, at the time of such establishment, make provision for the constitution and administration of any such Province and for the passing of laws for the peace, order and good government of such Province, and for its representation in the said Parliament.

3. The Parliament of Canada may from time to time, with the consent of the Legislature of any Province of the