Slike strani
PDF
ePub

Copies to be transmitted

to Governor and laid before

A copy of every such law made by the Lieutenant-Governor and his Council shall be mailed for transmission to the Governor in Council within ten days after its passing, and Parliament. may be disallowed by him at any time within two years after its passing; and a copy of every such law and every law made by the Governor in Council, shall be laid before both Houses of Parliament, as soon as conveniently may be Proof of laws. after the making and passing thereof: Any copy of any such law made by the Governor in Council, or by the LieutenantGovernor and his Council, printed in the Canada Gazette, or by the Queen's Printer, or the Printer to the Government of Manitoba at Winnipeg, shall be prima facie evidence of such law and that it is in force.

As to Customs and

and laws.

8. Unless and until it is otherwise ordered by the ParliaExcise duties ment of Canada, the duties of customs and excise shall continue to be the same in the said district as in Manitoba; and except in so far as it may be otherwise provided by any law made under this Act, or made under any former Act and remaining in force in the said district, and subject always to the prohibition of intoxicants hereinafter mentioned, the laws respecting the customs and excise shall be also the same in the said district as in Manitoba.

Laws now in force in the N. W. T. to remain in

force in the district until altered.

Officers continued.

Acts men

section or in

9. All laws in force in the said district as part of the North-West Territories, at the time of the coming into force of this Act, and not hereby repealed, shall, so far as they are consistent with " The British North America Act, 1867," with the terms and conditions of the admission of Rupert's Land and the North-West Territories into the Union, approved of by the Queen, under the one hundred and forty-sixth section thereof, and with any Act of the Parliament of Canada relating to the North-West Territories then in force, and with this Act, remain in force in the said district until repealed or altered by the Parliament of Canada, or by the Governor in Council, or the Lieutenant-Governor and his Council, under this Act,-as shall also any order of the Governor in Council made under any Act mentioned in the second section of this Act, until repealed or altered, as it may be, under this Act.

10. All public officers and functionaries holding office in the North-West Territories at the time of the coming into force of this Act, shall continue to be public officers and functionaries of the said district until it is otherwise ordered under the authority of this Act.

11. Unless and until it is otherwise ordered by any law tioned in this relating to the North-West Territories and in force in the schedule the said district, or under this Act, and subject always to apply to to the provisions of this Act, the Acts mentioned in the schedule to this Act s limited in the said schedule, and

new district.

as

as amended by any subsequent Acts, shall apply to and be in force in the said district,-as shall also all Acts of the Parliament of Canada relating to the executive government and the several departments thereof, the public works of the Dominion, the postal service, the Canada Pacific Railway, the currency, the Statutes of Canada, the public lands of the Dominion and the survey thereof, commissions of public officers and the oaths of allegiance and of office, and the extradition of certain offenders to the United States of America, and so much of the Act passed in the thirty- Parts of 38 eighth year of Her Majesty's reign, and intituled “" An Act to V., c. 49, to amend and consolidate the Laws respecting the North-West apply. Territories," chaptered forty-nine, as is hereinafter mentioned, that is to say:-Sections fourteen to fifty-three of the said Act, respecting-DESCENT OF REAL ESTATE,

66

OTHER PROVISIONS AS TO REAL ESTATE,-WILLS--AS TO MAR

RIED WOMEN, and section seventy-four respecting the PROHIBITION OF INTOXICANTS; and the said sections shall so apply to and be in force in the said district from the coming into force of this Act, whether the said Act shall or shall not have then been brought into force by proclamation in other portions of the North-West Territories: the remaining provisions of the said Act shall not apply to the said district unless expressly extended to it by a law or laws made under the authority of this Act; and in construing any provision of the said Act as Interpretaapplicable to the said district, the said district shall be tion. held to be intended whenever the North-West Territories are mentioned, unless the context and intention require another construction.

c. 35, to ap

12. The rule of construction mentioned in the next preced- Certain secing section shall apply also to sections one to nine, both in- tions of 36 V., clusive, of the Act passed in the thirty-sixth year of Her ply to the Majesty's reign, chaptered thirty-five, and intituled "An Act new district respecting the administration of justice, and for the establishment of a Police Force in the North-West Territories," which sections shall remain in force in and with respect to the said district, notwithstanding the coming into force of the Act last cited in the next preceding section, and shall, as respects the said district, be excepted from the repeal therein proposed. The remaining sections of the said Act of the thirty- Other secsixth year of Her Majesty's reign, chapter thirty-five, relat- tions of the ing to the Police Force in the North-West Territories, as respecting amended by the Act passed in the thirty-seventh year of N. W. Police Her Majesty's reign, chaptered twenty-two, and the Act ply as passed in the thirty-eighth year of Her Majesty's reign, amended by chaptered fifty, shall remain in force in the said district, and and 38 V., apply to it, and the Lieutenant-Governor of the said district c. 50. shall (but subject to any order in that behalf from the Governor) have the local disposition of the said force in such numbers and to such extent as the Governor may direct, and may exercise such power in aid of the administration

of

said Act

Force to ap

37 V., c. 22

Powers of stipendiary magistrates

for N. W. T.

in the said district.

nterpretation clause.

Proviso as to

of civil and criminal justice, and for the general peace, order and good government of the said district, and for or in aid of the performance of all duties assigned by the laws in force in the said district, to any constables or officers therein.

(1.) And each and every stipendiary magistrate appointed or to be appointed for the North-West Territories, under the said Act passed in the thirty-sixth year of Her Majesty's reign, chapter thirty-five, or under the Act passed in the thirty-eighth year of Her Majesty's reign, chapter forty-nine, shall, notwithstanding the separation of the said District of Keewatin from the remainder of the said Territories for the other purposes of this Act, continue to have, hold and exercise within the said district the same jurisdiction, powers, authority, rights and duties to all intents as if it had still remained part of the said Territories, or this Act had not been passed.

13. The words "the said district," in this Act, mean the District of Keewatin hereby constituted; the words "this Act" include the provisions of former Acts hereby declared applicable to the said district.

14. This Act shall not affect the said Act passed in the 38 V., c. 49. thirty-eighth year of Her Majesty's reign, chaptered fortynine, except only as herein expressly provided.

When this Act shall come into force.

15. This Act shall come into force and effect upon, from and after a day to be named in a proclamation to be issued by the Governor in Council for that purpose.

SCHEDULE.

Acts of the Parliament of Canada referred to in the eleventh section of this Act.

14

15

69

Chapter.

TITLE.

Acts passed in the First Session, 31st Victoria, 1867, 1868.

An Act to protect the inhabitants of Canada against lawless aggressions from subjects of foreign countries at peace with Her Majesty.

An Act to prevent the unlawful training of persons to the use of arms, and the practice of military evolutions: and to authorize Justices of the Peace to seize and detain arms collected or kept for purposes dangerous to the public peace.

An Act for the better security of the Crown and of the Government. As amende i by 32, 33 Vict, chap. 17.

SCHEDULE.

SCHEDULE.-Continued.

Acts of the Parliament of Canada referred to in the eleventh section of this

[blocks in formation]
[merged small][ocr errors][merged small]

An Act respecting riots and riotous assemblies.

An Act respecting forgery, perjury and intimidation in connection with the Provincial Legislatures and their Acts.

An Act respecting Accessories to and Abettors of indictable offences.

72

73

An Act respecting Police of Canada.

74

An Act respecting persons in custody charged with high treason or felony.

Acts passed in the Second Session, 32, 33 Victoria, 1869.

An Act respecting offences relating to the Coin.

18

19

An Act respecting Forgery.

20

222

21

[merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small]

An Act respecting offences against the Person. As amended by 36 Vict., chap. 50.

An Act respecting Larceny and other similar offences. As amended by 38 Vict, chap. 40, and other Acts.

An Act respecting Malicious Injuries to Property. As amended by 35 Vict., chap. 34.

An Act respecting Perjury. As amended by 33 Vict., chap. 26.

An Act for the better preservation of the peace in the vicinity of the Public Works.
As amended by 33 Vict., chap. 28, and 38 Vict., chap. 38.

An Act respecting Procedure in Criminal Cases, and other matters relating to
Criminal Law Sections 1 to 7, both inclusive, relating to the apprehension of
offenders; sections 81 to 87, both inclusive, relating to the punishment of offences;
and sections 125 to 138, both inclusive, relating to pardons, undergoing sentence,
limitation of actions and prosecutions, and general provisions. The whole Act will
apply, in Manitoba, to offences committed in the sail District of Keewatin, but
triable in Manitoba, and the persons committing them.

An Act respecting the duties of Justices of the Peace out of Sessions in relation to persons charged with indictable offences. So far as respects indictable offences committed in the said District and triable in Manitoba, or committed in some Province in Canada, and the offender apprehended in the said District.

An Act relating to the duties of Justices of the Peace out of Sessions in relation to summary convictions and orders. Except so much of this Act (or of any Act amending it as gives any appeal from any conviction or order adjudged or made under it.)

An Act respecting the prompt and summary administration of criminal justice in certain cases. In applying this Act to the said District, the expression "competent magistrate" shall be construed as meaning two Justices of the Peace sitting together as well as any functionary or tribunal having the power of two Justices of the Peace, and the jurisdiction shall be absolute without the consent of the parties charged.

An Act respecting the trial and punishment of juvenile offenders. In applying this Act to the said District, the expression "and two or more justices" shall be construed as including any magistrate having the powers of any two Justices of the Peace. This Act shall not apply to any offence punishable by imprisonment for two years or upwards, and it shall not be necessary that any recognizance be transmitted to any Clerk of the Peace.

CHAP

Preamble.

Sec. 2 of 37
V., c. 7, and

8. 74 of 38 V.,

CHAP. 22.

An Act to amend the Acts therein mentioned, as respects the importation or manufacture of intoxicants in the North-West Territories

[ocr errors]

[Assented to 12th April, 1876.]

N amendment of the Act passed in the thirty-seventh year of Her Majesty's reign, chaptered seven, and of the Act passed in the thirty-eighth year of Her Majesty's reign, chaptered forty-nine: Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. The second section of this Act first above mentioned is hereby amended by inserting after the word "Territories" c.49 amended. in the thirteenth line the words "or of the Lieutenant-Gov"ernor of Manitoba under regulations to be, from time to "time, made by the Governor in Council;" and the seventyfourth section of the said Act passed in the thirty-eighth year of Her Majesty's reign, chaptered forty-nine, is hereby amended by inserting the same words after the word Territories," in the seventh line of the said section.

66

33 V.,
c. 27.

CHAP. 23

An Act to supply an omission in the Act 37 Vict., chap. 42, extending certain Criminal Laws of Canada to British Columbia.

[Assented to 12th April, 1876.]

WHEREAS in the section substituted by the Act passed

in the thirty-third year of Her Majesty's reign, chaptered twenty-seven, intituled "An Act to amend the Act respecting the duties of Justices of the Peace out of Sessions, in relation to summary convictions and orders," for the sixty-fifth 32 and 33 V., section of the Act thereby amended, the several courts to

c. 31, s. 65.

which, under the said section, an appeal is given from a conviction had or an order made by a justice or justices of the peace in the several Provinces forming the Dominion of Canada at the time of the passing of the Act first cited are mentioned, but no such provision was or could be made as to the Province of British Columbia, which was not then part of Canada; and, whereas, the Act first cited and the Act thereby amended were, by the Act passed in the thirty37 V., c. 42. seventh year of Her Majesty's reign, intituled "An Act to

« PrejšnjaNaprej »