nated with opium, or with any other intoxicating drug, spirit or substance, and whether the same or any of them is liquid or solid;

(g.) The expression "Legislative Assembly" means the Legislative Assembly of the Territories composed, under the provisions of this Act, of the members elected to represent the several electoral divisions into which the Territories are or from time to time may be divided. 60-61 Vic., c. 28, s. 3.

THE NORTH-WEST TERRITORIES.

3. The Territories formerly known as Rupert's Land’ and the North-West Territory shall, with the exception of such portions thereof as form the Province of Manitoba and the District of Keewatin continue to be called and known as the North-West Territories. (But see the Yukon Territory Act, 61 Vic., c. 6, s. 2)

Lieutenant
Governor.

His powers.

Administrator

Oaths to be taken.

Salary.

Travelling allowances.

THE LIEUTENANT GOVERNOR.

4. There shall be for the Territories an officer called the Lieutenant Governor appointed by the Governor in Council by instrument under the Great Seal of Canada who shall hold office during pleasure.

(2.) The Lieutenant Governor shall administer the Government under instructions from time to time given him by the Governor in Council or by the Secretary of State of Canada.

5. The Governor in Council may from time to time appoint an Administrator to execute the office and functions of the Lieutenant Governor during his absence, illness or other inability.

6. Every Lieutenant Governor or Administrator so appointed shall before assuming the duties of his office take and subscribe before the Governor General or before some person duly authorized to administer such oaths, an oath of allegiance and an oath of office similar to those required to be taken by a Lieutenant Governor under The British North America Act, 1867.

(106.) There shall be payable out of the Consolidated Revenue Fund of Canada the following sum annually, that is to say:

To the Lieutenant Governor, not exceeding......... $7,000 together with such sums of money as are from time to time fixed by the Governor in Council in respect of travelling allowances. 51 Vic., c. 19, s. 17.

(Sections 7 and 8 were repealed by 51 Vic., c. 19, s. 1.)

SEAT OF GOVERNMENT.

9. The seat of Government of the Territories shall be Seat of fixed and may from time to time be changed by the government. Governor in Council.

(Section 10 was repealed by 51 Vict., c. 19, s. 1.)

LAWS IN FORCE.

England on

Territories

11. Subject to the provisions of this Act, the laws of Laws of England relating to civil and criminal matters, as the same July 15, 1870, existed on the fifteenth day of July, in the year of our Lord in force in one thousand eight hundred and seventy, shall be in force with certain in the Territories, in so far as the same are applicable to the exceptions. Territories, 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.

12. All laws and Ordinances in force in the Territories Laws in force and not repealed by or inconsistent with this Act, shall continued. 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. 6061 Vic., c. 28, s. 5.

THE LEGISLATIVE ASSEMBLY.

(2.) There shall be a Legislative Assembly for the Terri Legislative tories which shall be composed of twenty-six members Assembly. elected to 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.

(3.) Every Legislative Assembly shall continue for four Duration of years from the date of the return of the writs for choosing Assembly. 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 the Lieutenant Governor, and shall present Proceedings Bills passed by it to the Lieutenant Governor for his assent, on bills.

Who may vote.

Who eligible for election.

Deposit at nomination.

How applied.

Qualification
of member of
Legislative
Assembly.

Oath to be taken by members.

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.

(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." Vic., c. 19, s. 9.

51

(10.) Until the Legislative Assembly otherwise provides Quorum in a majority of the members shall form a quorum for the Assembly. transaction of business. 51 Vic., c. 19, s. 10; 57-58 Vic., c. 17, s. 13.

(11.) The Legislative Assembly on its first assembling Election of after a general election shall proceed with all practicable Speaker. speed to elect one of its elected members to be Speaker.

office of

(2.) In case of a vacancy happening in the office of Vacancy in Speaker by death, resignation or otherwise the Legislative Speaker. Assembly shall proceed with all practicable speed to elect another of its elected members to be Speaker.

(3.) The Speaker shall preside at all meetings of the Speaker to Legislative Assembly.

preside.

absence provided for.

(4.) Until the Legislative Assembly otherwise provides Case of in case of the absence for any reason of the Speaker from the chair of 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 provi- Powers of sions 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 say:

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;

Limitation.

Ordinances respecting education. Majority schools.

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; 58-59 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 :

(a.) Such companies as cannot be incorporated by a Provincial Legislature;

(b.) Railway companies (not including tramway and
street railway companies) and steamboat, canal,
telegraph and irrigation companies; 5-59 Vic.,
c. 31, s. 2.

8. The solemnization of marriage in the Territories;
9. Property and civil rights 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