SEAT OF GOVERNMENT. 9. The seat of Government of the Territories shall be fixed Seat of government and may from time to time be changed by the Governor in Council. (Section 10 was repealed by 51 Vic., c. 19, s. 1.) LAWS IN FORCE. England on force in 11. Subject to the provisions of this Act, the laws of Eng-Laws of land relating to civil and criminal matters, as the same existed July 15, 1870, in on the fifteenth day of July, in the year of our Lord one Territories thousand eight hundred and seventy, shall be in force in the with certain Territories, in so far as the same are applicable to the Terri- exceptions tories, and in so far as the same have not been or are not hereafter repealed, altered, varied, modified or affected by any Act of the Parliament of the United Kingdom applicable to the Territories, or of the Parliament of Canada, or by any Ordinance of the Lieutenant Governor in Council or of the Legislative Assembly. 60-61 Vic., c. 28, s. 4. continued 12. All laws and Ordinances in force in the Territories, and Laws in force not repealed by or inconsistent with this Act, shall remain in force until it is otherwise ordered by the Parliament of Canada, by the Governor in Council, or by the Legislative Assembly under the authority of this Act. 60-61 Vic., c. 28, s. 5. THE LEGISLATIVE ASSEMBLY. (2.) There shall be a Legislative Assembly for the Territories Legislative which shall be composed of twenty-six members elected to Assembly represent the electoral districts set forth in the schedule to this Act until the said Legislative Assembly otherwise provides. 57-58 Vic., c. 17, s. 15. Assembly (3.) Every Legislative Assembly shall continue for four Duration of years from the date of the return of the writs for choosing the same; but the Lieutenant Governor may at any time dissolve the Assembly and cause a new one to be chosen. 54-55 Vic.. c. 22, s. 3; 57-58 Vic., c. 17, s. 16. for session (4.) There shall be a session of the Legislative Assembly Limit of time convened by the Lieutenant Governor at least once in every year, so that twelve months shall not intervene between the last sitting of the Assembly in one session and its first sitting in another session; and such Assembly shall sit separately from Proceedings the Lieutenant Governor, and shall present Bills passed by it to the Lieutenant Governor for his assent, who may approve or reserve the same for the assent of the Governor General. 54-55 Vic., c. 22, s. 4. By 54-55 Vic., c. 22, s. 5, provision was made for issue of writs and conduct of elections until the Assembly should otherwise provide. See now The Elections Ordinance. on bills Who may vote Who eligible or election Deposit at no nination How applied Qualification Oath to be taken by members Quorum in Election of (7.) The persons qualified to vote at an election for the Legislative Assembly shall be the male British subjects by birth or naturalization (other than unenfranchised Indians) who have attained the full age of twenty-one years, who have resided in the North-West Territories for at least the twelve months and in the electoral district for at least the three months respectively immediately preceding the time of voting. 51 Vic., c. 19, s. 7. (8.) Any British subject by birth or naturalization shall be eligible for nomination and election. (2) No nomination at any election shall be valid and acted upon unless at or before the time of nomination a sum of one hundred dollars is deposited in the hands of the returning officer; and the receipt of the returning officer shall in every case be sufficient evidence of the payment herein mentioned. (3) The sum so deposited shall be returned to the person by whom the deposit was made in the event of the candidate by or on whose behalf it was so deposited, being elected or of his obtaining a number of votes at least equal to one-half the number of votes polled in favour of the candidate elected,otherwise it shall belong to Her Majesty for the public uses of the Territories; and the sum so paid and not returned as herein provided shall be applied by the returning officer towards the payment of the election expenses and an account thereof shall be rendered by him to the Lieutenant Governor. 51 Vic., c. 19, s. 8. (18.) No person holding any office, commission or employment to which an annual salary from the Crown is attached shall be eligible as a member of the Legislative Assembly or shall sit or vote therein during the time he holds such office, commission or employment; but nothing herein contained shall render ineligible any member of the Executive Council of the Territories by reason of any salary, fee, allowance, emolument or profit of any kind or amount attaching to such membership from being a member of the Assembly or shall disqualify him from sitting or voting therein: Provided he is elected while holding such office and is not otherwise disqualified. 60-61 Vic., c. 28, s. 9. (9.) Elected members of the Legislative Assembly shall take and subscribe before the Lieutenant Governor or before such person as is designated by the Governor in Council the following oath of allegiance: "I, A. B., do swear that I will be faithful and bear true allegiance to Her Majesty, her heirs and successors." 51 Vic., c. 19, s. 9. (10.) Until the Legislative Assembly otherwise provides a majority of the members shall form a quorum for the transaction of business. 51 Vic., c. 19, s. 10; 57-58 Vic., c. 17, s. 13. (11.) The Legislative Assembly on its first assembling after a general election shall proceed with all practicable speed to elect one of its elected members to be Speaker. office of (2) In case of a vacancy happening in the office of Speaker Vacancy in by death, resignation or otherwise the Legislative Assembly Speaker shall proceed with all practicable speed to elect another of its elected members to be Speaker. preside (3) The Speaker shall preside at all meetings of the Legisla- Speaker to tive Assembly; absence (4) Until the Legislative Assembly otherwise provides in case Case of of the absence for any reason of the Speaker from the chair of provided for the Assembly for 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 Speaker. 51 Vic, c. 19, s. 11. to decide (12.) Questions arising in the Legislative Assembly shall Majority be decided by a majority of voices other than that of the Speaker and when the voices are equal but not otherwise the Speaker shall have a vote. 51 Vic., c. 19, s. 12. Assembly 13. The Legislative Assembly shall subject to the provisions Powers of of this Act or of any other Act of the Parliament of Canada, declared to be applicable to the Territories, have power to make Ordinances for the government of the Territories in relation to the classes of subjects next hereinafter mentioned that is to 1. The mode of providing voters' lists, the oaths to be taken by voters, the appointment, powers and duties of returning officers and deputy returning officers, election and poll clerks and their oaths of office, the proceedings to be observed at elections, the periods during which such elections may be continued, and such other provisions with respect to such elections as may be thought fit; 2. Direct taxation within the Territories in order to raise a revenue for Territorial or municipal or local purposes: 3. The establishment and tenure of Territorial offices and the appointment and payment of Territorial officers out of Territorial revenues; 4. The establishment, maintenance and management of prisons in and for the Territories,-the expense thereof being payable out of Territorial revenues; 5. Municipal institutions in the Territories, including the incorporation and powers, not inconsistent with any Act of Parliament, of irrigation districts, that is to say, associations of the land owners and persons interested in the lands in any district or tract of land for the purpose of constructing and operating irrigation works for the benefit of such lands; 5859 Vic., c. 31, s. 1. 6. Shop, saloon, tavern, auctioneer and other licenses in order to raise a revenue for Territorial or municipal purposes; 7. The incorporation of companies with Territorial objects with the following exceptions Limitation Ordinances respecting education Majority schools Minority schools Money votes to be first (a) Such companies as cannot be incorporated by a Provincial Legislature ; (b) Railway companies (not including tramway and street 8. The solemnization of marriage in the Territories ; 10. The administration of justice in the Territories, including the constitution, organization and maintenance of Territorial courts of civil jurisdiction, including procedure therein, but not including the power of appointing any judicial officers; 11. The imposition of punishment by fine, penalty or imprisonment for enforcing any Territorial Ordinances; 12. The expenditure of Territorial funds and such portion of any moneys appropriated by Parliament for the Territories. as the Lieutenant Governor is authorized to expend by and with the advice of the Legislative Assembly or of any committee thereof; 13. Generally all matters of a merely local or private nature in the Territories. (2) Nothing in this section contained gives or shall be construed to give to the Legislative Assembly any greater powers with respect to the subjects therein mentioned than are given to Provincial Legislatures under the provisions of section ninety-two of The British North America Act 1867 with respect to the similar objects therein mentioned. 54-55 Vic., c. 22, s. 6; 60-61 Vic. c. 28, s. 6. 14. The Legislative Assembly shall pass all necessary Ordinances in respect to education; but it shall therein always be provided that a majority of the ratepayers of any district or portion of the Territories or of any less portion or subdivision thereof, by whatever name the same is known, may establish such schools therein as they think fit and make the necessary assessment and collection of rates therefor; and also that the minority of the ratepayers therein whether Protestant or Roman Catholic may establish separate schools therein, and in such case the ratepayers establishing such Protestant or Roman Catholic separate schools shall be liable only to assessments of such rates as they impose upon themselves in respect thereof. 61 Vic., c. 5, s. 12. (Section 15 of the Act was repealed by 57-58 Vic., c. 17, s. 2.) (14.) The Legislative Assembly shall not adopt or pass any recommended 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 to the Assembly by message of the Lieutenant Governor in the session in which such vote, resolution, address or bill is proposed. 51 Vic., c. 19, s. 14. 16. The Legislative Assembly may, from time to time, make Juries Ordinances in respect to the mode of calling juries, other than grand juries, in criminal as well as civil cases, and when and by whom and the manner in which they may be summoned or taken, and in respect to all matters relating to the same. 6061 Vic., c. 28, s. 7. matters of alimony (20.) For the removal of doubts it is hereby declared that Jurisdiction subject to the provisions of The North-West Territories Actimon the Legislative Assembly has and shall have power to confer on Territorial courts jurisdiction in matters of alimony. 57-58 Vic., c. 17, s. 20. and (19.) Notwithstanding anything in this Act or the said Act As to wills contained the Legislative Assembly may, by Ordinance, repeal intoxicants the provisions of sections twenty-six to forty, both inclusive, and also in so far as they apply to the Territories comprising the several electoral divisions mentioned in the schedule to this Act, the provisions of sections ninety-two to one hundred, also both inclusive, of the said Act, together with all amendments thereto, and may re-enact the said provisions or substitute other provisions in lieu thereof. 54-55 Vic., c. 22, s. 19. of Ordinances 17. An authentic copy of every Ordinance shall be trans- Disallowance mitted by mail to the Secretary of State within thirty days after its passing; and if the Governor in Council at any time within one year after its receipt by the Secretary of State thinks fit to disallow the Ordinance, such disallowance, when signified by the Secretary of State to the Lieutenant Governor, shall annul the Ordinance from and after the date of such signification; and all Ordinances so made, and all Orders in Submission Council disallowing any Ordinances so made, shall be laid before both Houses of Parliament as soon as conveniently may be after the making and enactment thereof respectively. (Sections 18 to 25, both inclusive, were repealed by 51 Vic., c. 19, s. 1.) THE EXECUTIVE COUNCIL. to Parliament (17.) There shall be a Council to aid and advise in the Executive government of the Territories to be styled the Executive Coun- Territories cil of the Territories; and the persons who are to be members of that Council shall be, from time to time, chosen and summoned by the Lieutenant Governor and sworn in; and members thereof may be, from time to time, removed by the Lieutenant Governor. (2) All powers, authorities and functions which, under any Powers Act of the Parliament of Canada or Ordinance of the Territories, are vested in or exercisable by the Lieutenant Governor with the advice, or with the advice and consent, of the Executive Committee of the Territories, or in conjunction with that Committee, shall, upon the passing of this Act be vested in, and shall or may be exercised by the Lieutenant Governor with the advice, or with the advice and consent of, or in conjunction with, the Executive Council of the Territories, subject, never |