Slike strani
PDF
ePub

officers.

135. Until the Legislature of Ontario or Quebec otherwise Powers, duties provides, all rights, powers, duties, functions, responsibilities, or &c., of executive authorities at the passing of this Act vested in or imposed on the Attorney-General, Solicitor-General, Secretary and Registrar of the Province of Canada, Minister of Finance, Commissioner of Crown Lands, Commissioner 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 repugnant to this Act, shall be vested in or imposed 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 perform 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-Governor in Council, the Great Seals. 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 end of the next ensuing Construction of temporary Acts session of the Legislature," or words to the same effect used in any temporary Act of the Province of Canada not expired before the 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.

[ocr errors]

138. From and after the union, the use of the words Upper Canada" instead of "Ontario," or "Lower Canada" instead of Quebec," in any deed, writ, process, pleading, document, matter, or thing shall not invalidate the same.

As to errors in

names.

As to issue of

139. Any proclamation under the Great Seal of the Province of Proclamations Canada, issued before the Union, to take effect at a time which is before Union, to subsequent to the Union, whether relating to that Province or to commence after Upper Canada, or to Lower Canada, and the several matters and Union. things therein proclaimed, shall be and continue of like force and effect as if the Union had not been made.

Proclamations

140. Any proclamation which is authorised by any Act of the As to issue of Legislature of the Province of Canada, to be issued under the aiter Union. 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 LieutenantGovernor 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 tario or Quebec as if the Union had not been made.

Penitentiary.

Arbitration

respecting debts,

&c.

Division of records.

1

Constitution of townships in Quebec.

Duty of

Parliament of Canada to make railway herein described.

141. The penitentiary of the Province of Canada shall, until the Parliament of Canada otherwise provides, be and continue the penitentiary 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 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 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 Province, 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 Government and New Brunswick have joined in a declaration that the 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 commencement, 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 ¦

Powers to admit

XI.--ADMISSION OF OTHER COLONIES. .

146. It shall be lawful for the Queen, by and with the advice Newfoundland, of Her Majesty's Most Honourable Privy Council, on addresses &c., into the from the Houses of the Parliament of Canada, and from the Houses Union. 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 behalt shall have effect as if they had been enacted by the Parliament of the United Kingdom of Great Britain and Ireland.

tion of New

147. In case of the admission of Newfoundland and Prince As to representaEdward Island, or either of them, each shall be entitled to a repre- foundland and sentation, in the Senate of Canada, of four members, and (notwith- Prince Edward standing anything in this Act) in case of the admission of New- Island in Senate. foundiand, 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

THE

FEDERAL CONSTITUTION OF GERMANY.

[This translation of the German Constitution is that
published by the University of Pennsylvania.]

LAW CONCERNING THE CONSTITUTION OF THE GERMAN EMPIRE OF THE 16TH APRIL, 1871.

We, William, by the Grace of God, German Emperor, King of Prussia, etc., hereby ordain, in the name of the German Empire, and with the consent of the Federal Council and Diet, what follows:

§ 1. The appended Constitution of the German Empire takes the place of the "Constitution of the German Confederation," agreed upon by the North German Confederation and the Grand Duchies of Baden and Hesse, as well as the place of the treaties concluded on the 23 and 25 November, 1870, with the Kingdoms of Bavaria and Wurtemberg, concerning their adhesion to the aforesaid "Constitution of the German Confederation."

§2. The provisions in Article 80 of the aforesaid Constitution of the German Confederation, and in III., § 8 of the Treaty of November 23, 1870, with Bavaria, and in Article 2, Number 6, of the Treaty with Wurtemberg of November 25, 1870, concerning the introduction into these States of the Laws passed by the North German Confederation, remain in force.

The there mentioned laws are laws of the Empire. Wherever mention is made in the same of the North German Confederation, its Constitution, territory, members or States, citizenship, constitutional organs, subjects, officers, flag, etc., the German Empire and its corresponding relations are to be understood.

The same thing is true of those laws adopted in the North German Confederation, which may be introduced in the future within any of the States mentioned.

§3. The agreements in the protocols accepted at Versailles, November 15, 1870; in the negotiations at Berlin of November 25, 1870, and in the final protocol of November 23, 1870, as well as those under IV. in the treaty with Bavaria of the 23 November, 1870, are not affected by this law.

Given at Berlin, April 16, 1871

[ocr errors]

[L. S.]

WILHELM,

PRINCE VON BISMARCK.

THE IMPERIAL CONSTITUTION.

His Majesty the King of Prussia, in the name of the North German Confederation, His Majesty the King of Bavaria, His Majesty the King of Wurtemberg, His Royal Highness the Grand Duke of Baden, and His Royal Highness the Grand Duke of Hesse and by Rhine for those parts of the Grand Duchy of Hesse which are situated south of the Main, conclude an eternal alliance for the protection of the territory of the Confederation, and of the laws of the same as well as for the promotion of the welfare of the German people. This Confederation shall bear the name of the German Empire, and shall have the following Constitution :

I.-TERRITORY.

Article 1. The territory of the Confederation shall consist of the States of Prussia (with Lauenburg), Bavaria, Saxony, Wurtemberg, Baden, Hesse, Mecklenburg-Schwerin, Saxe-Weimar, Mecklenburg-Strelitz, Oldenburg, Brunswick, Saxe-Meiningen, SaxeAltenburg, Saxe-Coburg-Gotha, Anhalt, Schwarzburg-Rudolstadt, Schwarzburg-Sondershausen, Waldeck, Reuss (elder branch), Reuss (younger branch), Schaumburg-Lippe, Lippe, Lubeck, Bremen and Hamburg. II. LEGISLATION OF THE EMPIRE.

Article 2. Within this territory the Empire shall exercise the right of legislation according to the provisions of this Constitution; and the laws of the Empire shall take precedence of those of each individual State. The laws of the Empire shall be rendered binding by Imperial proclamation, such proclamation to be published in a journal devoted to the publication of the laws of the Empire (Reichsgesetzblatt-Imperial Gazette). If no other period shall be designated in the published law for it to take effect, it shall take effect on the fourteenth day after its publication in the "Imperial Gazette" at Berlin.

Article 3. There shall be a common citizenship (Indigenat) for all Germany, and the members (citizens or subjects) of each State of the Confederation shall be treated in every other State thereof as natives, and shall consequently have the right of becoming permanent residents; of carrying on business; of filling public offices; of acquiring real estate; of obtaining citizenship, and of enjoying all other civil rights on the same conditions as those born in the State, and shall also have the same usage as regards civil and criminal prosecutions and the protection of the laws.

No German shall be limited in the exercise of this privilege by the authorities of his native State, or by the authorities of any other State of the Confederation.

The regulations governing the care of paupers, and their admission into the various local unions, shall not, however, be affected by the principle enunciated in the first paragraph.

In like manner those treaties shall remain in force which have been concluded between the various States of the Confederation

« PrejšnjaNaprej »