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Ne» York U609 U5A (716) 482 - 0300 - Phone (716) 2S8 - 5989 - Fo, CORRHSrOXDliNCH. ^Jp REPORTS Ol- TIIH MlNISTliR 01- JUSTICE ORDERS IN COUNCIL ITI>\ 'lllK slll.rKIT OK PROYINCIAL LEGISLATION 1890-1898 COMPILKD UNDER T}IK ])IHKCTION (JF TIIK HONOURABLE THE MINISTER OF JUSTICE W. E. HODGINS, M.A., Barrister at Law, of the Dtfarlmeiit of Justice OTTAWA GOVERNMENT PRINTING BUREAU 1900 \ X Report 0] Gc To His I The the Proxi assented for Cana exception without ' The The transmit! his Gove Report 0, To His 1 The the Stati I ONTARIO. ;:| SQTH VICTORIA. 1896. 2ND Session — 8th Legislature. Report of the Hotwttrable the Minister of Justice, approved by His Excellency iht Governor General in Council, on the 12th day of December, A.D. j8p6. Department of Justice, Ottawa, 30th November, 1896. To His Excellency the Governor General in Council : The undersigned has the honour to report that he has examined the Acts of the Province of Ontario, passed in the fifty-ninth year of Her Majesty's Reign, assented to on the 7th day of April, 1896, and received by the Secretary of State for Canada, on the 22nd day of April, 1896, and he is of opinion, that with the exception of Chapters 16 and 92, all the said Statutes may be left to their operation without comment. The two excepted Chapters, viz., 16 and 92, will be reported upon separately. The undersigned recommends that p. copy of this report, if approved, be transmitted to the Lieutenant Governor of the Province, for the information of his Government. Respectfully submitted. O. MOWAT, Minister of Justice. Report of the Honourable tlxe Minister of Justice, approved by His Exceh 'ncy ihc Governor General in Council, on the 22nd December, [Sq6. Department of Justice, Ottawa, 30th November, 1896. To His Excellency the Governor General in Council : The undersigned Has the honour to submit his Report upon Chapter 16 of the Statutes of the Province of Ontario, passed in the fifty-ninth year of Her 3 ONTARIO LKrilHLATION. Majesty's Reign (189(3), assented to on the 7th of April, 1896, and received by the Secretary of iftate for Canada on the 22nd day of April, 1896. — " An Act respecting the Canadian Historical Exhibition." This Act provides for the holding of an Historical Exhibition within the Province of Ontario. It is enacted by section 25, that the Commissioners shall have the exclusive right of publishing catalogues, photographs, illustrative or descriptive reports relating to tlu: ixhibition, except as may be stipulated with individual exhibitors, and may grant assignments and licenses in respect thereof. This provision appears to be ultra vires, because it proposes to give copyright, and the subject of copyright has been committed to the exclusive legislative authority nf the Parliament of Canada. Tlie subject of copyright is also regulated by Imperial and Dominion Statutes. The section, however, seems unlikely to do hami, and the undersigned, therefore, and in view of the other important pro- visions of the Act which seem unobjectionable, considers that it is not necessary to do more than point out the invalidity of the section, and suggest the propriety of its repeal by the Legislature of < )ntario at its next session. The undersigned, therefore, recommends that Cliaptcr 16 be not disallowed, but that a copy of tliis report, if approved, be sent to the Lieutenant Governor of the Province for the information of his Government. Respectfully submitted, ' WILFRH^ LAURIER, Acting Minister of Justice. Report of the Honourable the Minister of Justice, approved by His Excellency the Governor General in Council, on the 23rd day of March, A.D. 1897. Department of Justice, Ottawa, 15th Marcli, 1897. To His Excellency the Govenwr General in Council : I'he undersigned has the honour to state that in his report of 30th November last, upon the Statutes of the Legislature of the Province of Ontario, passed in the fifty-ninth year of Her Majesty reign (1896), it is stated that Chapter 92 is reserved for a separate report. The said statute was so reserved because tlie undersigned df sired to consider certain representations which had been made to him on behalf of the Chippewa Band of Indians, of Sarnia, to the efifect that ade- quate provision bad not been made by the said Act for the assessment and pay- ment of damages suffered by the Indians by reason of the closing of Thistle Street. Upon f irther inquiry, however, and upon considering the claims of the Indians, the und< rsigned has reached the conclusion that the Act contains reason- able provision for the ascertainment and payment of all such damages, and he accordingly recon mends that the Act be left to its operation. Respectfully submitted, O. MOWAT, Minister of Justice. received by ihe r»(l VKTOIilA, 18G,'. tioii within the /e the exclusive ciiptive reports dual exhibitors, 3 give copyright, Lisive legislative s also regulated s unlikely to do important pro- is not necessary !st the propriety not disallowed, ant Governor of [ER, r of Justice. is Excellency the 'J. 1897. larcli, 1897. 30th November itario, passed in It Chapter 92 is vcd because the id been made to e effect that ade- :ssment and pay- osing of Thistle he claims of the contains reason- lamages, and he er of Justice. 60111 \ IC'I'ORIA, iNg;. 3RD Skssion — 8-ni Legislature. Report of the Honourable the Minister of Justiic, ajyproz'cil by His li.vcclkncy thi Governor General in Council, on the cS'/// day uf November, A.D. iSqj. Department of Justice, Ottawa, 2nd Xoveniber, 1897. To His Excellency the Governor iiencral in Council : The undersigned has had under consideration the Statutes of tiic Province of Ontario, passed in llie sixiietli year of Her Majesty's reign (1897), received by the Secretary of Sta'-, for Canada on the 23rd day of April, 1897, and has the hcnour to report tliat with the excepti(jn uf the statutes herein specially referred to, they Uiay be left to their operation witiiout any oliservations. The following statutes, however, apjjcar to call for some observations: — Chapter 3. "An Act to provide for the Consolidation of tiie Statutes of Ontario." This Statute provides for the bringing into effect, by means of a proclama- tion of the Lieutenant Governor in Council, a consolidation of the Statutes of the Province of Ontario, which has been prepared or is being prepared by Commis- sioners appointed for that purpose. It is provided that the Conunissitjners in consolidating llie Statutes may make such alterations in their language as are reciuisite in order to preser\'e a unifomi mode of expression, and also such minor amendments as are necessary to bring out more clearly what they deem to be the intention of the Legislatm^e, or to reconcile seemingly inconsistent enactments, or to correct clerical or typo- graphical errors. It is also enacted tliat tliese Revised Statutes sliall not be held to operate as new laws, but shall be construed and shall have effect as a consoli dation of die law as contained in the Acts and parts of Acts repealed, and for which the Revised Statutes are substituted. It does not seem to be intended, therefore, that the Commissioners shall in the revision make any substantial change in the Statute law of the IVovince. Tlie various enactments with which the Commissioners have to deal have, from time to time, as they were assented to, been considered Iiy the Government of Canada in the manner provided by the Constitution, and they have been left to their operation generally without comment, but in many cases subject to remarks which the Ministers of Justice have tliought proper to m;drporate the l'"ort Francis and Pacific Railway Companv." Chapter 97. " An .Act to incon)orate the Petcwawa Lumber, Pulp and Paper Company." . . Chapter 98. ''An Act to incorporate the Seine River, holey and hort Francis 'relegrai)h and Telephone Company of Ontario." Each of these Chapters contains a section providing that aliens may be shareholders in the Company. It is a cjuestion whether this provision is within the comi)etence of a Provincial Legislature, as the subjects of naturalization and aliens are named amongst the matters belonging to the exclusive legislative an- thoritv (jf the Parliament of Canada. The undersigned docs not consider, however, that the Statutes containing these provisions should on that account be disallowed. Chapter 106. " .An Act to enable Edward Spencer Jenison to develop and improve a Water Privilege on the Kaministiquia River." This Chapter contains several provisions authorizing the Company to erect dams or weirs in the Kaministiquia and Mattawin Rivers, and to divert the chan- nels and waters of these rivers. Such provisions are subject to the observations which have been heretofore stated as to the authority of a Provincial Legislature to legislate with regard to the beds and waters of the rivers, which are claimed to be subject to the exclusive legislative authority of Pariiament. but following the co'Tse heretofore pursued in regard to such legislation and in view of the question now pending before the Judicial Committee of the Privy Council, the undersigned recommends that the Statute be not disallowed. 1 I ut the whole Jouiicil upon h liavu been iiiucd by the ic i'rovincial iiclicial Cotu- .' part of the Lli respect to mcantiiue be r, to make a iieiit be pro- lowaiice. tute Law." civil right irt of Appeal :h judgments igncd desires or take away provision is Xh respect to er authorized tiO Mrnmix. IH97. ft riie undersigned, therefore, recutnmends that the Statutes meiitioneil .ind referred to in this report he left tn tlicir oijemtinti, and that a copy of this p'lxirt. if approved, be transmitted tu the Lieutenant tlovernnr ..f the I'rnvinee fur the information of his Government. Respeetfullv submitted, () MOWAI', Ministir of Juslur. ting Building 3 aliens, icific Railway lip and Paper ley and Fort .liens may be ;ion is within ralization and legislative au- es containing ) develop and pany to erect vert the chan- ; obset^fations ,al Legislature are claimed to following tlio •{ the question le undersigned ONTAKIO LEGISLATION, 61 ST XICTORIA, i.SqS. 4TH Session — 8th Legislature. Report of the Honourable the Minister of Justice, approved by His Excellency the Governor General in Council, on the gth day of September, i8p8. Department of Justice, Ottawa, 23rd August, 1898. To His Excellency the Governor General in Council : The undersigned has the honour to submit his Report upon the Statutes of the Province of Ontario, passed in the sixty-iirst year of Her Majesty's reign (1898), assented to on 17th January, 1898, and received by the Secretary of State for Canada on the 24th February, 1898, as follows: — Chapter 33. " An Act to prevent the spread of the San Jose Scale." Section 3 provides that no person shall import or cause to be imported into the Province of Ontario for any purpose any plant infested with scale. The undersigned considers that the validity of this provision is questionable, but having regard to the object of the legislation, he does not recommend its disallowance. Chapter 59. " An Act respecting the Chatham City and Suburban Railway Company," and Chapter 63. " An Act to incorporate the Smith's Falls, Rideau and Southern Railway Company." Each of these Statutes contains a provision in effect that, notwithstanding any other provision to the contrary in any other Act. the company's railway may cross the railway of any other company upon a level therewith, with the consent of such other company, or with the authority of the Railway Committee of the Privy Council of Canada. This provision may doubtless have its operation with regard to railways within the exclusive legislative authority of the Province, but it should not be construed to apply to railways crossing each other, either one of which is within the legislative authority of Parliament, as in such cases Parliament has assumed exclusive authority. The Railway .'\ct provides that sucii railways may not cross eacli other except by leave of the Railway Committee of die Privy Council, and it is doubtful whether the provision in cjuestion is consistent in this respect with the Railway Act. The undersigned has no reason to suppose, however, that the Legislature intended the provision in cpiestion to have effect except to the limited extent which he has indicated, and he, therefore, considers that the Act should not be disallowed. The undersigned recommends that the remaining Statutes, and also those specially mentioned in this report, be left to their operation, and that a copy of this report, if approved, be transmitted to the Lieutenant Governor of the Pro- vince for the information of his Government. Respectfullv submitted, DAVID MILLS, Minister of Justice. Repot To H passe Maje 2ISt i withe the s same his C Repoi To h Prov asser for ( Asse 59 VRTOKIA, 1893. ellency the 1898. statutes of ity's reign ■y of State )orted into estionable, ■nmend its n Railway 1 Southern thstanding lilway may he consent ttee of the railways uld not be h is within IS assumed y not cross ouncil, and aspect with ;r, that the the limited A.ct should also those ; a copy of 3f the Pro Justke. QUEBEC. SQTii VK rOklA. 1896. 5TH Session — 8th Legislature. Report of the Honourable the Minister of Justice, al>proved by Hw Excellency the Governor General in Council, on the 2/th November, 1896. Department of Justice, Ottawa, 20th ( Jctober, 1896. To His Excellency the Governor General in Council : The undersigned has the honour to report that he has examined the Acts passed by the Legislature of the Provinc f Quebec in the fifty-ninth year of Her Majesty's reign (1896), received from t.. Secretary of State for Canada on the 21 st of March last, and he is of opinion that they may be left to their operation without any observations, with the exception of Chapters 9, 73 and 74, which are the subjects of a separate report. The undersigned recommends that if this report be approved, a copy of the same be sent to the Lieutenant Governor of the Province for the information of his Government. Respectfully submitted, O. MOWAT, Minister of Justice. Report of the Honourable the Minister of Justice, approved by His Excellency the Governor General in Council, on the 30th November, 1896. Department of Justice, Ottawa, 27th November, i8g6. To His Excellency the Governor General in Council : The undersigned has the honour to report upon the following Acts of the Province of Quebec, passed in the fifty-ninth year of Her Majesty's reign (1896), assented to on the 21st of December, 1895, and received by the Secretary of State for Canada on the 21st of March last. Chapter 9. " An Act respecting the Election of Members of the Legislative Assembly of Quebec." yUEBEC LE(;iSLATION. Section 311 enacts that every person shall be liable to a penalty, not exceed- ing $2,000 and imprisonment for twelve months in default of payment, who illegally or maliciously, either by violence or stealth takes from any officer or person having the lawful custody thereof, or from the place in which they have been deposited, any ballot box, list of electors or other document or paper pre- pared in conformity with this Act or who illegally or maliciously destroys, injures or obliterates them, or who makes or causes to be made any erasure, addition, or interpolation of names in any such documents or papers, or aids or abets in tliese things being done. Those provisions, or some of them, relate to offences which are already punishable under the Criminal Code, 1892. The constitutionality of such pro- visions by a Provincial Legislature is on that account open to consideration and doubt, but the undersigned does not recommend that the Act containing them should be disallowed. Chapter j^)- "An Act to incorporate the Drummondville Hydraulic and Manufacturing Company." Section 2 authorizes the Company to construct dams along the rapids of and across the River Saint Francis, and to conduct water therefrom by canals or flumes, to construct locks, piers and other works on the river, enter upon and take possession of the bed and beach of the said river at the entrance of the canals or flumes, and otherwise to occupy the bed of the river and construct works therein. Chapter 74. '• An Act to incorporate tlic Coulonge and Crow River Boom Company, Limited." Section 6 authorizes the Company, upon payment of compensation to any one injured of affected thereby, to construct or maintain booms, dams, slides, piers, wharves, or other works necessary to facilitate the transmission of timber jn the Coulonge and Crow Rivers, and to blast and remove shoals and other impediments and other\vise improve the navigation and floatibility of the said waters. It has been pointed out on several occasions by preceding Ministers of Jus- tice in their reports upon the legislation of the various Provinces that provisions similar to the above are objectionable in so far as they relate to rivers which are claimed on behalf of the Dominion to have become the property of the Dominion under the British North America Act. The objection has also been made that it is not within Provincial authority to authorize the construction of works in navig- able water. The Supreme Court of Canada has recently given its opinion upon certain questions referred to that Court for determination by Your Excellency in Council. Some of the questions involve the respective legislative authority of the Dominion and the Provinces with regard to rivers and navigable waters. Your Excellency's Government intend to have these questions submitted to the Judicial Committee of Her Majesty's Privy Council upon appeal, and pending their final determina- tion there, the undersigned considers that it would not be proper to disallow either of the Statutes containing these questionable provisions. The undersigned recommends, therefore, that none of the Statutes mentioned in this report be disallowed. The undersigned further recommends that if this report be approved, a copy of the sarrie be sent to the Lieutenant Governor of the Province for the informa- tion of his Government. Respectfully subtnitted, ' O. MCWAT, Minister of Justice. 60 VICTORIA, 1897. lot exceed- Tient, who officer or they have paper pre- lys, injures ddition, or ts in these re already such pro- ration and ning them raulic and lids of and canals or upon and ice of the ruct works ver Boom on to any ms, slides, of timber and other f the said :n-s of Jus- provisions which are Dominion ade that it 3 in navig- on certain n Council. Dominion Kcellency's romrhittee determina- low either mentioned ed, a copy i informa- ustice. boTii VICT()RIA. 1897. 6t; jESSioN — 8th Legislature. Report of the Honourable the Minister of Justice, approved by His Excellency the Governor General on ^rd September, A.D. iSgj. Department of Justice, Ottawa, 25th August, 1897. To His Excellency the Governor General in Council : The undersigned has the honour to report that he has examined the Statutes of the Province of Quebec, passed in the Sixtieth year ol Her Majesty's reign (1897), and received by the Secretary of State for Canada on the twenty-first day of January, 1897, and lie is of opinion that they may be left to their operation without any observations, except Chapters 62, yy, 79 and Chapter 48. With re- gard to the last-named Statute, the undersigned observes that it provides for bringing into effect, by means of a proclamation of the Lieutenant Governor, a code of civil procedure of Lower Canada, which has been drafted by Commis- sioners appointed for that purpose. The objection, if any, to this enactment will depend upon a consideration of the provisions of the Code to which it refers, which has not been printed with the Statute, or submitted to the undersigned. The undersigned will, therefore withhold any further report upon this Statute until he has had an opportunity of consFdering the provisions of the Code to which it refers. Respectfully submitted, O. MOWAT, Minister of Justice. Report of the Honourable the Minister of Justice, approved by His Excellency the Governor General in Council, on the i^th November, 1897. Department of Justice, Ottawa, 9th September, 1897. To His Excellency the Governor General in Council : The undersigned has the honour to submit his report upon the following Statutes of the Province of Quebec, passed in the Sixtieth year of Her Majesty's reign (1897), and received by the Secretary of State for Canada on the twenty- first day of January, 1897 : — • Chapter 62. " An Act to amend and consolidate the Acts respecting the In- corporation of the City of St. Henri." By Section 286 the Council is empowered to make By-laws with reference to a number of subjects enumeratcfl in the sections which follow, among others, to provide for the arrest and punishment of keepers .ind inm.ate.s of !in:ises nf ill-fame and gambling-houses, and of vagrants. These are subjects which concern the criminal law, and in respect of which criminal legislation has been enacted by Par- liament. The authority of a Provincial Legislature to enact provisions covering the same ground is, therefore, at least doubtful. The undersigned does not con- 10 QUEBEC LEGISLATION. sider, however, that on that account the Statute should be disal owed, seeing t'^at i the provision referred to is ultra vires, the Courts would not give eFfect to it, and !io hS will be done, so far as the undersigned is aware, from such enact- mpnt- Heine on the Statute-book meantime. „ „ „ ChaDW 77 " An Act to incoriJorate the Nortli Shore Power Company. iS, .fand 7 Prote to authorize the co„s,rt,ctU.n of works upon or over ""=S°a;r 7"' ™"n- aT 't"o t»r^Se ^r'SauS E,ec.ric Light and ''""leSSHrS'^d 7 contain sin,iiar provisions with '^^S^lZ^^'T^l tion of worlcs upon or over water-courses an.l streams for the purposes 01 uie '^"Ttttution has heretofore been called to similar enactments upon the groijnd tfia, prncLnJ^Sative authority is douhthj. in respect ^0/ -g-jj„,«"f, ™;s:h:s!s^h:^°?aU::ftlcS^ 9^^^^ ='"''f he tmdersi^ed recommends ftat^^Stattues^^^^^^^^^^^^ Ji:rrGoVrn^or''S'QuTc;f'o;r£mftiryhisGovernme„t. Respectfullv submitted, O. MOW AT, Minister of Justice. Repo Tot Quel on i; Febr with( trans his G Report of tke Honourable the Minister of Justrce, approved by His Excellency the Governor General in Council, on the 20th October, 1897. Department of Justice, Ottawa, 14th October, 1897- To His Excellency the Goverrwr General in Council : Th^ nndersiP-ned referring to his previous report, approved by Your Excel- St^L in iuLta n»; be left to its operation without further observa.,ons, and he recommends accordingly. Respectfullv submitted, O. MOW AT, Minister of Justice, i 61 vicTOHiA, 1898. 11 d, seeing that e effect to it, n such enact- ompany." upon or over ic Light and the Construc- irposes of the on the ground ers and other Dominion. It r be settled by le undersigned ti .;"-'^; ing the words 'as Attorney General or' next after the word 'office in the ast ^'"^■"subsection 2 of Section 2 of Chapter 104, Revised Statutes, Nova Scoda, cth Series as it stood previously to this amendment, is as follo\\-s;— ^ "So person shall be appointed a Judge of the Supreme Court unless he shall have been a resident barrister of the Province for 10 years, and shall have been practising as such for :'^ve years before such appointment, or shall have held office as a County Judge in the Province." . The effect of the Amendment, therefore, is, so far as it is withm Provincial competency, to further limit the class from which judges of the Supreme Court may be selected to those barristers of the Province who have been resident bar- risters in the Province for 10 years, and who have been practising as such before the Court in banco at Halifax for five years next before appointment, or have held office a= Attnmev General or County Court Judge in the Province. The undersigned observes that at the time of Confederation there was a Statute in operation in the Province of Nova Scotia by which it was provided < ' .")() VICTOIUA, 1890. 13 'i> • Excellency the 96. iber, 1896. lapter 17 of the th year of Hur md received by The judicature s, 5th Series, is nco at Halifax' :rting the word ;, and bv insert- fice' in 'the last :s, Nova Scotia, ■s: — Court unless he ,, and shall have r shall have held vithin Provincial Supreme Court 2en resident bar- g as such before ntment, or have evince. ion there was a it was provided that no person should be appointed a Judge of the Supreme Court unless he had been a barrister of the Province for 10 years, and had been practising as such for five years next before such appointment. (R. S. of N. S., 3rd Series, Chapter 37, Section i.) By Sections 96, 97 and 98 of •'The British North America Act" it is enacted thai the Governor General shall appoint tlie Judges of the Superior, District and County (Jourts in each Province, except those of Probate in Nova Scolia aiid New Brunswick. Tlial until the laws relative to property and civil rights in Ontario, Nova Scotia and New Brunswick, and the procedure of the Courts of those Provinces is made uniform, the Judges of the Courts of those Provinces, appointed li\ the Governor General, shall be selected from the respective bars of those i'rovi'nces, and that the Judges of the Courts of Quebec shall l)e selected from tlie bar of that Province. It may perhaps be open to question whether Your Excellency in the ap- pointment of the Judges pursuant to these provisions would be limited by Pro- vincial legislation not inconsisteni. therewith existing at the union and subse quently continued prescribing the qualifications of Judges. It is clear to the undersigned, however, that, except as to pre-union legislation, the effect of which the undersigned has not now to consider, the scope of selection cannot be limited b)- I'rovincial enactment. This view has been heretofore expressed by several of the predecessors of the undersigned in their reports upon the legislation of the various Provinces. Tiic Right Honourable Sir John A. Alacdonald, commenting upon a Statute of tiie Province of Manitoba, 35 \ic., Chap. 3, intituled " An Act to amend an Act to estaljlish a Supreme Court in the Province of Manitol)a," referred to the 5th section which provided in effect that no Chief Justice or Puisne Judge of the Supreme Court of that T'-ovince should be appointed unless able to speak both the English and French languages, and he stated his opinion as follows: — " This iirovision in the opinion of the undersigned, is ultra vires, as by refer- ence to 'The British North America Act, 1867,' Clause 97, it will be found that the only limit upon the discretion of the Governor General, in selecting such fudges 'for the several Provinces, is, that they shall be from the b.-^.rs of the Pro- vinces respectively. It would appear, therefore, that this provision is ineffectual, as being beyond the jurisdiction of the Legislature of Manitoba." He did not, however, recommend the disallowance of the Act, but that the attention of the Government of Manitoba should be called to it with a view to amendment, and he added: "The Government of Manitoba should also, in the opinion of the undersigned, be given to understand that His Excellency the Governor General does not consent to the limitation of his power of selection of Judges contained in the Act (Chapter 3), and will not feel bound by it in any appointments the bencli." (Approved Report of the Minister of Justice of 16th April, 1873. Volume of Reports upon Provincial Legislation, 1867- 1895, p. 774.) Subsection 2, above quoted, was enacted by Chapter 25, Section 3, subsection 2 of the Statutes of Nova Scotia (1884), and in commenting upon it Sir Alexander Canii)bell made the following obsei-vations: — " At the same time he desires to observe that some of the provisions of Sec- tion 3, relating to the qualification of the Judges, the offices they may hold, and their precedence and the oaths to be taken by them are, in his opinion not within the authority of the Legislature, and very considerable doubt exists with respect to others. The same powers, however, have been exercised by other Legisla- tures, and as the provisions in regard to them form part only of an Act to im- prove the administration of justice of general importance, the disallowance of 14 NOVA SCOTIA l,Klil!SI,ATION. which would probably give rise to much inconvenience, he recommends that the Act be left to its operation." (Approved report of the Minister of Justice of 4th April, 1895. Volume of Reports upon Provincial Legislation, 1867-1895, p. 523.) The Right Honourable Sir John 'i'hompson, with reference to a Statute of the Province of Ontario, being Chapter S of the Statutes of 1887, intituled "An Act to give early effect to certain amendments of the law recommended by t!ie Statute Commissioners," states as follows: — "'Ihe undersigned desires to call attention to the provisions of this Chapter, so far as it amends Section 33 of Chapter 90, of the Revised Statutes of Ontari.> (ist series) Chapter 91, Section 52 (present series). "This legislation assumes that, altliough the appointment of Supenor, Dis- trict and Coimty Court Judges in each Province, is, by 'The British North America Act,' vested in the Governor General, and that the only limitation im- posed by tlio Act in the choice of Your Excellency is, that Judges of Provincial Courts in the original Provinces of Canada must be selected from their respective bars, a Provincial Legislature has power to limit the choice of Your Excellency by such provisions and qualifications as to it may seem proper." " The undersigned is of opinion that a Provincial Legislature has no such authority, and that the power of appointment to the Vjench is absolute in Your Excellency, subject only to the limitations prescribed by 'The British North America Act.' " . , . . ^1 . o " The undersigned, however, does not deem this objection to Chapter » to be a sufficient reason for advising Your Excellency to exercise your power of disallowance." (Approved Report of the Minister of Justice of 7th June, 1888. Volume of Reports upon Provincial L.:gislature, 1867- 1895, p. 204.) The undersigned concurs in the opinion of his predecessors hereinbefore set forth, and is of opinion that the enactment now in question is ultra vires, and it appears to him that if its provisions were allowed to govern they might unduly limit the range of selection for appointments to the bench, while, if on the other hand the provisioi s being regarded as ineffectual are not to be observed, qucs tions' might arise as to the jurisdiction of Judges who might be appointed not possessing the qualification required bv tlie Statute under consideration. _ It apiiears to the undersigned, therefore, that in the public mterest this Sta tute should be disallowed, its only provision in addition to that set forth being a clause authorizing the Supreme Court to make rules for providing junes. Before recommending the exercise of the authority vested in Your Excel- lency however, the undersigned recommends that a copy of this Report, if ap- proved be transmitted to the Lieutenant Governor of the Province with a view- to ascertaining whether Section 2 of the Statute in question will be repealed within the time limited for disallowance. Reapectfullv submitted, O. MOW AT, Minister of Justice. Report of the Honourable th'e Minister of Justice, approved by His Excellency the Governor General in Council, on the 13th November, 1896. Department of Justice, Ottawa, i6th October, 1896. To His Excellency the Governor General in Council : The undersigned has the honour to submit a report upon certain Statutes of the Province of Nova Scotia, passed in the fifty-ninth year of Her Majesty's "i!) MCTOUIA, 18'J6. IS ommends that the r of Justice of 4th 1867-1895, P- 523-) ce to a Statute of S87, intituled "An ouimended by the ns of tliis Chapter, statutes of Ontarii> t of Superior, Dis- rhe British North only limitation im- idges of Provincial oni their respective if Your Excellency lature has no such 3 absolute in Your The British North )n to Chapter 8 to :ise your power of of 7th June, 1888. • 204.) essors hereinbefore 1 is ultra z'ircs, and they might unduly lile, if on the other be observed, qucs t be appointed not isideration. lie interest this Sta- at set forth being a iding juries. ted in Your Excel- : this Report, if ap- ■ovince with a view Dn will be repealed AT, nister of Justice. ^ His Excellency the r, 1896. October, 1896. n certain Statutes of ir of Her Majesty's reign (i8y6), assented to on 15th February last, and received by the Secretary of State for Canada on 8th J une last. Chapter i. An Act respecting the Executive Administration of the Laws of this Province. This i 'te is in tenns the same as Sections 1, 2 and 3 of 51 Vic, Chap. 5 (Ontario), ihe latter Statute formed a subject of correspondence between liie then Minister of Justice of the Dominion and the Attorney General of Ontario, a copy of which correspondence is printed on pages 206 to 213 of the volume of correspondence and reports upon Provincial legislation, 1867 to i8t)5, and con- tains a statement of the objections which were then urged to the legislation from the Dominion standpoint as well as the reasons whicli were stated in support on behalf of the Province of Ontario. The Statute was in the result left to its oper- ation, and the question as to its validity was referred to the High Court of Justice for detenninadon under the provisions of the Revised Statutes of Ontario, 1887, Chap. 44, Section 52. The reports of the arguments and decisions in that case in the several courts will be found in 20 C^ntario Reports, 232; 19 Ontario Appeal Reports, 31, and 23 Supreme Court of Canada Reports, 258. The legislation was uijhcld in the Provincial Courts, botli below and ujjon appeal, and it was also held by a majority of the Judges of the Supreme Court of Canada, although for reasons differing somewhat from those upon which the previous decisions had been based that the enactment was not ultra vires of the Legislature. No application was made for leave to appeal to the Judicial Com- mittee of the Privy Council, although it was open to the Dominion Government to make such application. In view of the decisions of the Courts referred to upholding the Ontario Statute and the acquiescence of the Dominion Government therein, the under- signed considers that the present Act should be left to its operation. Chapter 44. An Act to provide for supplying the Town of North Sydney with water. Section 2 aulluirizcs tlu: town council. anion.L;' (jtluT tliinijs, to enter upon tlu' bed of any river, lake or stream, wli.itsoever in tlie County of Cape lircton, and to build dams, reservoirs or other works, and to cause the water of such river, lake or stream to overflow, and to take from such river, lake or stream such quantity or ciuantities of water as may be recpiired. Chapter 97. An Act to incorporate the Oxford Water and Power Supply Company, Limited. Section 9 authorizes the Company to build such dams and reservoirs as may be necessary to obtain and preserve a sufficient supply of water for the purposes of the Company, and to take water from any river, brook, stream or lake wit'.iin certain limits. Chapter loi. An Act to incorporate the Young Brothers Company, Limited. Section 20 authorizes the Company to build dams and sluices on certain rivers therein mentioned and their tributaries, and to improve such rivers and make them navigable for logs, timber and lumber. Similar enactments have been heretofore objected to in so far as they might affect rivers which under " The British North America Act," it is contended be- came the property of Canada. The undersigned would refer to the approved report of the Right Honourable Sir John Thompson, of 8th January, 1894, at page 1 147 of the volume above mentioned, and to other reports appearing in the same volume in which the objections are stated as to similar legislation of several of the respective provinces. Ill I? i»1 16 NOVA Nl'OTIA I.EOIHLATION. The questions of right involved in these objections, among otliers relating to waters and fisheries is now lieforc the courts for adjudication, and pending final judgment, the undersigned does not consider it necessary to say more than that Your Excellency's Government does not admit the authority of a Legislature to enact these provisions as to rivers which are subject to the authority of Parlia- ment under " The Brhish North America Act." For the reasons above mentioned the undersigned recommends that the Statutes mentioned in this report be left to their operation, ami that a copy of this report, if api)roved, be transmitted to the Lieutenant Governor of the Province for the information ol his Government. Rfsiicctfully sul)miiied, O. MOW AT, Minister of Justice. Report of the Honourable the Minister of Justice, approved by His Excellency the Governor General in Gouncil, on the 27th November, i8g6, Depart.ment of Justice, Ottawa, i8th November, 1896. To His Excellency the Governor General in Council : The undersigned has the honour to report that he has examined the Acts passed by the Legislature of the Province of Nova Scotia, in the fifty-ninth year of Her Majesty's reign (1896), received by the Secretary of State for Canada on 8th June, 1896, and he is of opinion that they may be left to tl.eir operation with- out any observations, with the exception of Chapters i, 17, 44, 93, 97 and 101, which are the subjects of separate reports. The undersigned recommends that, if this report be approved, a copy of the same be sent to the Lieutenant Governor of the Province for the information of his Government. Respectfully submitted, O. MOWAT, Minister of Justice. Report of the Honourable the Minister of Justice, approved by His Excellency the Governor General in Council, on the 22nd December, i8p6. Department of Justice, Ottawa, i8th November, 1896. To His Excellency the Governor General in Council : The undersigned has the honour to report upon Chapter 93, intituled " An Act to incorporate the Home Fire and Marine Insurance Company, Limited," of the Province of Nova Scotia, passed in the fifty-ninth year of Her Majesty's reign (1896), assented to on 15th February last, and received by the Secretary of State for Canada on 8th June last. This Statute incorporates a Fire and Marine Insurance Company. Section 1 1 provides that the principal office of the Company shall be in the City of Halifax, and that the Company may establish agencies or branch office'?, as the Directors may deem advisable. 59 VKTOHIA, Ifrf=: 5,,-,^ f ; 1 , l^'^^^^^d ^° ^e to mean objects loca/ed within the IV;:" icc^^anc/Tol;: oV Sn'tfl^r^u^h Companies within the Province. In tiiis connection tlie undeJ iL^'ed h.o^: 1 to refer to the remarks of the Honourable Edward Blake .nnn^:. • c' ''^'''' of the Province of Xova Scotia, 38 Victoria, ct P r 7^ ^/^g" „T^^^^ a Statute of the Province of Quebec, intituled "An Act tri;Korno ate Vh^ X i t.c Insurance Company ot Montreal," 38 Victoria Chanter 6ri^f , "' vations of the Right Honourable Si; jJhn Tho, "pso;, ^^ t Sttut °of Hi ° p'"' r™f °n'^°'^b "''f ' • ^^- ""'-' I'- '"^^^P' ^^^^ tErpfslfenr ' °Ltrf^:°e- S"['P ^^.^ '■■" ^""J^"'^"'"^' Limited.'- 50 Victoria, Chapter 167 (approved "rinn;;! of tlie Ministers of Justice of 25th October, 1875, iQth September,^ 1876 and?7?h 18 NOVA HCOTIA LKIil«l Oliver Moxvat, Mudster of Justue, Ollmca: Provi„ciaI Kxhihhi. A al^oc py of ti^^^ f'"" -n annual ccpy of the Act and the I Vuc ?nu°t o tlfereof X^^^^ "' ^^"^^ '"«' * ments or opinions of VVeatherbe am RiS ' T T 1 ^' '' \' '"''""''' '"'^S' which that Art niirnorts to vMi nt<^^ r/ -n , ' ^'^ ' '"'*^""*'' "" ^'^^^ proceedings thi-s Provirco, ni h L uefof 806 rhln/'' ""'"'T/ *" ''^'' to Statutes 5( if necessary/ we s^mS^u'IoSS' wT re'si'tf.m'''^'' "' "?'' '^''^"'^^'- •^«- shall receive due attention. respectfully request that the matter We remain, your obedient servants, HARRINGTON, CHISHOLM & FL'LLI.RTON. Attorneys of Memorialists. Memorial of the Do,ninion Cotton Mills Ccnpany, Linuted, and Mary PUrs for disallozvance of Chapter 2. In the matter of an Act intituled "An A^.- f^ The Honourable Sir Oliver Moxvat, Minister of Justice, Ottawa: The Memorial of the Domini-^-n Cotton Millc r^rv,„ t • • . Piers, for the disallowance of said btatute Company, Lmuted, and Mary T,, T. • • , T^ Respectfully Represents : Ihe irovmcial Exhibition Commission was incornnnfpri k„ r-i . Acts of the Legislature of Nova Scotia, passed fn the Jeaf 1?^ ^''''''' ' '^ """^ Ann.faf SiSin^rat^/orH^L^'^^ ^°'""'^^^''" '' '^^'"-' - Hold a. the ^ -^^of Jh^i^? ^ S^l^^SSS^Spt^r K%X"Tr ^- mcorporated, with the necessao' modifications, ?o empower the Cn °^ ■^?' ^'^ expiopriate lands should they he unable to acquire 'Kr. Sf i?.^."^'.^^-°" *« ihe comnii^s.uu took certain steps and proceed inP-slVrfi^'l j""^'-'^ ^'^ntract. w„h^th= vi™ „. expropriatins .he laSds des^ribSt^U'Z" oTpSa^'ei^li f-Sf ''(I NOVA S('(rriA I,K<:ISI.ATION. 1st Marcli, iS(^7. iiiulcr tlu- procfiluiv l)r()V the Acts (if iS()i. Thesr prccccdinj^^s \vc ick'd by the sections of Chapter 58 of ri' resisted l)v the Dominion ('(iiHpany, Liiuiit on th W d; hy M )i ( )ctiiher, Tiers, anc - 8(/ 1 others, whose lands were Cotton Mills re soULiht, and ), an ( )rder in Council was 1 a-^sed by the Gov- irnor in Council of the IVovince of Xova Scotia. grantniK cave or the expro- pri;Uinu . f the lands drscribed in the Act of 1st March, 1807. Ihis (_)rdcr in Council is referre.l t:., and the essential parts of it are set out in the opinion of Honourable Mr. lustice Ritchie, Judf,-e of the Supreme Court of t.us 1 rovincc, a c.ipv of wliicli will accompany this comnumication. On thr 'oth dav of .\oveni1)er, iK(/), the Dominion Cotton Mills Company, Limited, commenced an action in the Supreme Court of Nova Scotia ajamst the Commission, l.v which it was claimed amongst other tliinp, that the Cmniis- sion ha.l unlawfully expropriate the i-IaimilTs lands fhe Oommion Cotton Mills Companv, Limited, in said action asked for an Injunction or Kes raining Order, restraining the Commission from expropriating the plaintifT s ands. Itie Commission appeared t.. the writ of summons in said action, and af>cnvards_ a statement of claim was delivered on behalf of the plamtitfs, to which t e Commis- s m i.le-uleIr. Jus ice Ritcliie delivered in Dominion Cotton Mills Company, Ltd. vs. The 1 rov-incud E-xhibUion Commission. Had the Commission produced the statutory pro.,f before the Gov- en on Council that all the lands vested were necessary for exhibition ptirposes S th-i case the Order in Council would not require ratification, and no \ esting 60 VICTORIA 1897; apter 58 of !otton Mills out;l)t, and ly the Gov- llie expro- s Order in oinnion of Province, a ^ C accp-ire la::ds for exliilMtion purposes (see Ciiapter 3, Acts 1806, Sections 6 and 21). i'he Ace of ist ^Nlarcii, 1897, has a clause as follows, namely, clause 5 : — • •" The track or course to be constructed on tlie land hereby vested in the said Connnissidn siiall be used solely fi>r the jiurpose of a County, Provincial or DominiLHi i".\!iil)ition, including the exhibition of horses, cattle and other animals, and shall not be used or let for any other purpose, and the same shall not be used or let for use except at a time when an exhibition is being held." It is strenuously contended on behalf of the memorialists that a track or course and circus tents which the ofticial programme of the exhibition announces are to be erected are not required, at all events not necessary for exhibition jjurposcs, are not matters of public moment, and are not such objects as to justify the exercise of the right of eminent diim-in, (.specially in the haish a'ld nnj ist manr.er sought to be adopted by the Act in (luestidu, ]'"or the constructinn of a track it is self- cvitlent that a consideral)le tract of land nuist be iiad. The main'enance of a track or course was not contemplated by the original Act of Incorporation. Hence, it could not be shown before the Governor in Council by afifidavit or otherwise that all the lands embraced in the Order in Council wi.re necessary for pul)lic purposes, simply because a lesser acreage w:nild suffice for that purpose. The validity of the (Jrder in Council is attacked by reason of the lack of such evidence. The ( )rder, if not in fact, is prospectively, at least, invalidated by judicial decision. Should the Commission be permitted by the expedient of an Act of Parliament, passed ex post facto, not only to defeat the rights of litigants, but at the same time, add to their corporate powers, by being enabled to acquire lands for a track or course, wliile there is no pretence of amending the original Statute with a view of extending such iiowers. 4. Certain moneys were paid into Court by the Commission to respond the awards that may be made for compensation to the jiroprietors whose lands have been taken, (Se(^ section 4 of the Act, iSijj.) The compensation, as a general rule, shotild precede the divesting of the title out of the owner, but by this Statute of 18(17 the title is divested the moniem it becomes law — while the initiatory steps towards comi)cnsation are left wholly to the Commission. It will b.' seen by re- ference to the nth and io:h sections of Chapter 3, Acts of lag's, that the resources of the Commission are $60,000 altogether : one-ha'f of this sum is to be provided for by the City of Halifax, the other half by the Government of the Province of Nova Scotia. As to the amount to be contributed by the City of Halifax, it does not appear that the same has been received by the Commission, or in any wise secured to them. Noii constat that the Corp(.)ration of the City of Halifax may refuse to provide for the assessment thereof. True, they have authority from the Legislature to do so, but it still remains discretionar}' with that body to levy that sum. .As a matter of fact, the amount paid into coiui as representing the value of the propertv of the Dominion Cotton Mills Company, Limited, is the .sum of $11,250. while that Comjianv claims that the lands of which it is divested are of the value of at least $25,000. and Miss Piers holds that her lands, in respect of which i:.e Commission 'paid into court the sutu of $3,000, are of much greater value. Assuming, as will undoubtedly be the case, that the sums are deficient as compensation, l)eing the mere tjffers of the Commission, and even that the in- si fficiencv be not verv marked, what security have the parties divested ahs i''.f.;ely GO VKToniA, 1897. 2* 5 (as found mtcd with- 1 is invalid ion c'auses urisdiction rposes (see 897, has a in the said jvincial or er animals, lot be used k or course nces are to irposcs, are lie exercise ir.er sought k it is self- nance of a :(!rporation. affidavit or .cessary for at purpose, ick of such alidated by dient of an of Htigants, 1 to acquire tlie original of their titles for the payment of the residue of the compensation ? Tlie whole of the Commissions may be expended before the arbitration is held and the value determined. There is no provision in the Act for this exigency, and the parties divested of their lands will have no remedy. " The exercise of the power tu take l)rivate property," says an eminent Judge, Chancellor Waldworth, 18 Wend, at page 16, "even for uses which are confessedly public, should not be resorted to in any case unless the benefit which is to result to the pul)lic is of paranit u.U im- pc;rlance in comparison with tlie individual loss or inconvenience, a id an ample and certain provision should always be made for a full and adequate compesation to the individual whose property is thus taken"; and at page 19, " there must be a certain and adequate remedy," and owner is not to be compelled to trust to the '• solvency of an incorporated comiiany." And your Alemorialists pray that such Act may be disallowed or susjiended, because (regard being had to the powers of expropriation already existing) it is an unnecessary exercise of the power of eminent domain ; because it takes the land of citizens for no purpose of public utility; because it prevents lands better suited for the purpose in view from being taken, by irrevocable' binding the Commission to take those mentioned ; because it interferes with and destroys the rights of suitors before the courts of the Province; because of its liarsli and unjustifiable method of giving possession without notice ; and, finally, because no adequate compensation is i)rovided for, but the owners are first to be turned out of their homes, and afterwards to depend on the will of the Commission to pro- ceed with the arbitration, and on their ability tu jiay such sum as may be awarded. TIIF. DOMINI' )X COTTOX AIILLS CO., (Limitf.d), and MARY PIERS, P>v their Attornevs : HARRINGTON, CIllSHOLM .'t Fri.LERTON. Dated at Halifax. loth March. A.D., 1897. ;|« <:' 1 1 respond the lands have s a general this Statute iatory steps seen by re- ie resources be provided Province of ifax, it does in any wise rialifax may ty from the to kvy that the value of tlie sum of csted are of n respect of uch greater deficient as that the in- d ahs-)!'.i'.:ely Judgment of Honourable Mr. Justice Ritchie. TlIF. DOMIXION CoTTOX MlI.LS COMPAXV, LiMITF.D, VS. TlIK PrOVIXCIAL Exhibition Commissiox. This action is brought to set aside certain proceedings commenced by defendants to expropriate lands of the plaintiffs and for an injunction to restrain the defendants from entering into .said lands and taking possessiem thereof, and from proceeding furdier in said expropriation proceedings. The application now before me is for an interim injunction to the same effect^ until the trial. The defendants' rights depend entirely ui)on the construction and effect of Chapter 3 of die Local Acts of 1896, and the sections of the charter of the City of Halifax which are made apjilicable to expropriation proceedings by defend- ants. This Act recites that it is expedient to provide for an annual Agricultural and Indu.strial Exhibition for the Province, to be held in the City of Halifax. It then incorporates and gives certain powers to the defendants, and in the 2ist section it provides that " for the purpose of obtaining lands necessary for carrying nut the purposes of this Act the Provincial Exhibition Commission shall have the same power and authority as affects the expropriation of lands as is now possessed by the City Council of Halifax under the provisions of Chapter 58 of 24 NOVA SCOTIA LEdlBLATION. the Acts of i8yi (City Charter), and the provisions uf section 432 to 437, both incUisive, of said chapter shall apjtly to such expropriation. &c., &c. Section 432 just referred to, authorizes defendants to contract and agree with the owners in respect of any lands they may require, and makes such agreenienis valid. Section 433 ff'Jes on to provide for the expropriation of the lands, &c., in case no agree- ment can be made, &c., and the three following sections provide for the payment of the value thereof after it has been ascertained l)y arbitration. Then follows Secti(jn 437, which, after making the changes in it required by Section 21 of Chapter 3 of tiie Acts of i8(/), will read as follows : — '' No property of any kind shall be taken or expropriated under the pro- visions of this Act unless or until the Provincial Exhibition Commission shall have submitted to the Governor in Council a duplicate plan of said lands pro- posed to be so taken, together with an apijlication on behalf of said Provincial Exhibition Conmiission, supported by affidavit of the President of the Commis- sion, or any Engineer or Land Surveyor authorized to act for the Commission, referring to such plan, and stating that the land or property diereon is necessary for the purposes of providing for an annual Agricultural and I'rovincial Exhibi- tion Cominission for the Province, to be held in the City of Halifax, or some or one of such i)uri)oses, and that the Provincial Exhibition Commission and tl e owners of the same are unable to agree on the price thereof, and re(|uesting t!ie Governor in Council to authorize tlie taking thereof ior said purposes, and like notice as in Sections 433 and 434, provided, if such api)lication be given by the Provincial E\hil)ition Commission to the owner or possessor of such prouorty, and the giving of such notice shall be certified by die President or Secretary of the Provincial Exhibition Conmiission. The Governor in Council shall inquire into the correctness of the i)lan and the truth of the allegations of such applica- tion and, if satisfied thereof, shall, by ( )rder in Council. api)rove of the taking of such property, or any part thereof, and upon such approval the Provincial Tixhi- bition Commission may proceed in the manner stated in the preceding sections." The principles applicable to the construction of Acts of this descri|)tion were setdod by I.onl Eldon in Blakemore vs. Glamorgan Canal (i My. & K. 154) and Jervirf, (.". J., in giving judgment in the Exchequer Chamber in York and U. Midland Railway Company vs. The Queen (i E. & B. 856) said : '• We agree with my brother Aldersoii, who, in Lee vs. Milner (2 Y. & Col. Ex., E(|., 611) said these Acts of Parliament have been caller Parliamentary bargains made with each of the land-owners. Perhaps more correctly they ought to be treated as condi tional powers given by Parliament to take the lands of the different proprietorc through whose estate the words are to i)roceed. Each land-owner, therefore, haf a right to have the powers stricdy and literally carried into eiTect as regards hi own land, and has the right, also, to require that no variation shall be made as tl his prejudice, in carrying into efifect the bargain between the undertakers and anjl one else. This, he adds. I conceive to be the real view of die law taken by Lor| Eldon in I'lackmore vs. Glamorganshire Canal Co. See also Plymouth t'j. Davenport (52 L. T. 162), Bostock vs. North Stafifordshire Railway Company (J Jurist N. S. 248), and Webb vs. Manchester Railway Company (4 My. &: Cr. i2o\ where Lord Chancellor Cottenham, referring to similar powers of taking lanti said : "The powers are so large — it may be necessary for the benefit of tha public — but they are so large and so injurious to the interest of individuals that X think it is the duty of every court to keep them most strictly withiti those powers, and if tliere be any reasonable doubt as to the extent of their powers, they must go elsewhere and get enlarged powers but they will get none from me by way oi construction of their Act of Parliament." Tiiis judgment is also approved by Lord Chancellor Westbun', in Simpson vs. Stafifordshire Water Co. (4 De G. ]. & S. 685). GO vicroKiA, 18'Ji 25 I think it is clear that a compliance with Section 437, above inentioned, is a condition precedent to tiie taiiinj,'- or expropriation of any land— exceit under an agreement, and the t)nly steps defendants can take before applying to the Gov- ernor in C(juncil is to attempt to make an agreement with the owners and, per- haps,^ enter the land to survey it, although tliis latter step is somewhat d mbtful. The applicati(in nuist be made (in writing, I think, because the trutii of the allegations in it are rccjuired to be verified) to the Governor in Gouncil, accom- panied by a plan and sujjported by an affidavit referring to the plan and stating that the land or property therein (in the plan) is necessary for carr\iiig (jut the object of Chapter 3 (jf the Acts of 1896, that is, to provide for an Annual Agri- cultural and fndusirial Kxiiibition lor the i'rovince, to be held in the City of Halifax, and for the establishment and maintenance thereof on the j(jint account of the Provincial Government and the corporation of the Cit\- of Halifax, in equal parts. On such api)Iication, and after notice to the owners of tlie property, the Governor in Council shall intpiire into the correctness of the plan and the /r«//t of the allei:;alious of the application, and if satisfied shall approve the taking, &c. It IS, I diink, necessary in order to give the (iovernor in Council t' e jurisdiction to inquire into the matter that the application should l)e . lade as directed and the necessity of taking the land for the purposes mentioned sworn to, eidier by the President of the Commission or an luigineer or Survevor authorized to act for the Conuiiission. The granting or refusal of an injunction in case like this is based upcjn diff- erent grounds from those which govern ordinary cases, thev will be found fully set out in Kerr on Injunctions, at pages 118 and iig, and m the cases there re- cited, and in niv « pini.m this case is within the principles there enunciated. Tiie Order or .Minute of the Governor in Council, under which defendants claim is in this form : "The Council have had under consideration the application of tiie I'rovincial Exhibition Commission, dated the 6th day of August, 1896, for power to take and expropriate under the provisions of .Section 21 of Chapter 3 of die .\cts of 1896, the following lands (here follows the descriptions of several 1 its of land, numbered n them. Taking all things into consideration, and without deciding as to validity of t; ^ proceedings before the Council and the Order thereon, I think there is suffi- cient grounds for granting an interim injunction to prevent defendants from dis- turbing the plaintiffs in the possession of their lands, and proceeding further with the expropriation proceedings until die trial of diis cause. On the ])riiiciplc the injunction should extend to the whole of plaintiffs' land but as, in reality, the contention affects only a portion of it, the plaintiffs being willing that the defendants should have die remainder on paying its fair value, the injunction will be restricted to that portion of the lot lying to the eastward of the red line drawn on plan " P.," referred to in the affidavit of John Taylor, and shall not prevent the defendants from entering into the possession of sufficient land at the north-east corner to enalile a track to be laid from the existing rail- way siding, so that cars may pass and re-pass into the grounds of the westward of the red line. If the necessary descriptions cannot be agreed upon by tiie parties, I will setde them on application. A Fy attention has been called to the fact that an Act has been passed at the last session of the Local Legislature bearing upon the questions in litigation in this suit, but as that Act is not yet in force, and may never be ]nit in operation, it cannot at present affect, in any way, niv decision. Costs of both parties will be costs in the cause. lotli March, 1897. Jiidgnient of HououraNe Mr. Jusliee IJ'eatherbc. Opinion of Mr. Justice Weathcrbe on apiilication to him to appoint an arbi- trator on behalf of Miss Piers, whose lands were expropriated. Chaj)ler 3 of the Acts of 1806 styled "An Act to provide for ,an annua! Pro. vincial Exhibition " incorporates twelve persons l)y the name of " The Provincial Exhibition Commission." (JO VKTOKIA, l.S'JT. 27 The preaanblc states that it is expedient to provide for an Agricultural and Industrial Exhibition, to be held in Halifax, and for its maintenance on the joint account of the I'rovincial (Jovernment and the City of Halifax. JJeyond this '.nere statement in the preamble of the expediency of providing for such an exhibition, and that it is to be held on the joint accounts of die City and the Government there is notliin^- whatever to defme its purpose, character ur object. The corporation is empowered to purchase land and erect buildings, and by Section 21, for the purpose of obtaining lands necessary for carrying out the ob- ject of this Act, power of the exi)roi)riation is conferred, such as that now pos- sessed by the city under Sections 432 to 437, inclusive (if Chap. 58 of the Acts of i8yi. Th.ese clauses give power where agreement is impossible or the owner is unknown to expropriate lands for water and street puqioses. ily attending carefully to these sections (whicli being far from happily ex- pressed are obscure) in connection with Ciiapter 3 alread}' mentioned, it becoUK'S obvious duit it will at the outset be necessary to mquire what arc the objects of the Art, and secondly to find out what lands are necessary for such purpose. Then it will be necessary to ascertain if an agreement can be made with the owner. If not there must be a resolution of the corporation aulliorizing stime one to enter ujjon and survey lands. I'lans must then be made, upon which I suppose the next proceeding will be a petidon to the Governor in Council sup- ported by affidavit setting out the necessity for taking the lands and the impos- sibility of agreement on the |)rice. '] he property cannot be taken previous to the inquiry on this petition, which involve, I should think, under the circumstances, a most difficult task. It in volvcs at any rate the question as to what are the objects of the Act and whether the particular land recpiired is neces.'ary. In the compulsory taking of lands for water supply, or for streets which was the ])rimary object in passing these "al. i8«»- Report of the HoHoiiiublf the Minister of Jiistiec, itpproied by li. Governor General in Council, on the 27th August, 18' Department uk Justice, Ottawa, 181I1 \ugi, To His Excellency the Gover}wr General in Council : The undersigned has the honour to submit his report upo ioUovv^mg Statutes of the i'rovince of Nova Scuiia, passed in the sixtieth ycai ul Wer A U- jesty's reign (1897), and received by the Secretary of Stale for Canada on the second day of July, 1897. . in. Chapter 3. An Act to expropriate lands for the purpose cl an Aiuiual i^ro- vincial Exhibition. . < m • 1 1 . The undersigned has received a letter from Messrs. llarrnigton Uushoin and FuUerton, Solicitors, of Halifax, Nova Scotia, inclosing a mcinonal roni tae Dominion Cotton .Mills Company, Limited, and Miss Mary Piers, seeking the disallowance of this Statute. These communications togeUier with copies of the opinions of the Honourable Mr. Justice Weatherbe and the lluiuiurable ^ r. Tustice Ritchie of the Supreme Court of Nova Scotia, which accompanied the same, are submitted herewith. Copies of those papers were by direction of the undersigned referred to the Attorney (kMicral of the I'rovince f..r his observa- tions, and a copv of the Attorney General's letter in reply is als.j submitteil. It will be observed that the memorialists l)a3e their claim fur disallowance of the Act up'Mi several grounds. It appears that previous to this enactment pro- ceedings had l)een taken in the Supreme Court of Nova Scotia at the instance of the memorialists to restrain the Provincial Exhibition Commission from expro- oriating the lands described in this Statute, the Commission having taken certain stens for such expropriiUion under Statutes then in force; that upon an inter- locutory motion. Mr. Justice Ritchie granted an interim restraining order upon the ground that the Commission had not in it'^ proceedings for expropnation satisfied the requirements of the Statutes under wUich it pi-ofessed to act. Ihe same view seems to have been taken by Mr. Justice Weatherbe, who heard an api^lication on behalf of the Commission to appoint one of the aibitrators to settle the compensation for the lands which it was proposed to take. Wh.ilc these pro- ceedings in the Court were pending, the Statute complained of was enacted, and shortlv afterwards brought into force by Proclamation, the effect of wmch is to vest the lands absolutely in the Commission irrespective of the ciuestions at issue in the pending litigation, and to render hopeless the further prosecution o those proceedings so far as concerns the main object sought to be attained by them. The objections now urged bv the memorialists in effect are: Ihat the lands expropriated are required for other than exhibition purposes, and are not neces- sarv for purposes of the exhibition; that the Act contains no provision for reason- able notice to the proprietors before possession taken by the Commission; that the Statute is ultra vires of the Legislature, because it professes to retrospectivelv cure defects in the previous expropriation proceedings; that the Statute unjustih- ablv interferes with pending litigation between the memorialists and the Commis- sion, and that there is no adequate provision for payment of compensation to the proprietors for the lands taken. The undersigned considers that the question as to the public utility or con- venience of vesting these lands in the Exhibition Commission is one entirely for the consideration of the Provincial Legislature, and that it is not his province tr> review the reasons which have led the Legislature to make the expropnatuMi. There nn be no doubt as to the constitutional authority of the Legislature to enict this Statute. The authorities mentioned in the memonal are from tlie i 1 ^1 32 SOVA SCni'IA I.WilMI./tTlvtN. I Unitt'il States Courts and depend upon reasons which have no apphcatiun to tlie Legislatures constituted liy tiie i'.ritish Nortii America Act. As to llie conipensatiiin for the lands lai Each of these Acts contains a pr •'"mn in effect authorizing- the Company to enter upon tiie beds of rivers and .jite water therefrom or construct works therein. The question upon which die validity of such provisions depend is now awaitin^f decision by the Judicial Committee of the Privy Council. The undersigned does not consider it necessary to do more than call atten- tion to the fact that these provisions in so far as they refer to navigaljle waters or to rivers which beloni;- to the Dominion are claimed by the Dominion authorities to be idtra vires, and lie refers to his remarks upon Chafiters 44, 97 and loi of the Statutes of Nova Scotia, passed in the year 1896, as set forth in his Report upon those Statutes, approved by Your Excellency on 13th November last. Ciiapter 95. An Act to incoii)orate the Acadia Pulp and Paper Mills Com- pany, Limited. An Act to incorporate the Cape I5reton Oil Company, Limited. An Act to incorijoratc the Cape Breton Iron Company, Limited. An Act to incorporate the Nova Scotia Lumber Company, Chapter 97. Cliaptcr 98. Chapter 100. Limited. Chapter 102. Ciiapter 105. Limited. Chapter 107. An Act to incorporate the Victoria Oil Company, Limited. An Act to incorporate the Dominion Cranite Company, An Act to incorporate the Oriental Gold Alining and Devel- opment Company, Limited. Cha|)ter 109. An Act to incorporate the Cow Bay Gold Mining Comparv. Lmuted. i /» These Statutes contain provisions authorizing the Companies to construct railways or telegraph and telephone lines wiUiout defining the points between which such works are to be constructed. Sonic of these .\cts also authorize the Companies to acquire or construct ships and transport freight and passengers from places in Nova Scotia without indicating the places to which such freight and passengers may be carried. The undersigned obser\'es that the authority of a Provincial Legislature to legislate with regard to local works and undertakings is limited so as to exclude lines of steam or other ships, railways, canals, telegraphs and other works or undertakings connecting the Province with any other or others of the Provinces or extending beyond the limits of the Province, and he observes that the author- ity conferred by these provisions, must be, and he presumes is, intended to be construed as limited to works and undertakings which may competently be au- thorized by a Legislature. The undersigned considers it sufficient at present to call attention to the absence from these Statutes of any express limitation to Provincial territory of the undertakings mentioned, and to suggest the propriety of enacting proper limiting clauses at the next Session of the Legislature so that no one mav be misled as to the nature or extent of the power intended to be conferred. Chapter \\% An Art tn incorporate the Missiquash M.ar<;h Company Limited. ^' 34 NOVA SCollA I.K(IISI,ATU)N'. By the first Section of tliis Act certain persons are incorporated for the pur- pose and witii the power as therein expressed " to purchase or otherwise acquire bog, lake, marsh and other lands, and water power, and privileges in the Counties of Cumberland, Nova Scotia, and Westmoreland, New Brunswick, or elsewhere, and to drain, irrigate, cultivate and improve, lease and sell the same in whole or in parts; to purchase, own and operate steam or other dredges or ditching ma- chines and excavators, or any other machinery advisable, and to acquire and make sale of anv real or personal property, easements, leases, rights or privileges, ne- cessary or incidental to the business of the Company, to make aboideaux, ditches, canals', dykes, breakwaters, bridges, embankments, roads, reservoirs, aqueducts for draining, irrigating or other purposes connected with the business of the Company." The only" authority conferred upon a Provincial Legislature to in- corpcratc Companies'is for "the incorporation of Companies with Provincial ob- jects." The undersigned construe? this authority to mean objects provincial as to the ] Yovincc creating the corporation. In the case of the Colonial Building Investment Association versus the Attorney General of Quebec, 9 Appeal cases, 157, the appellant Conipanv had been incorporated by the Parliament of Canada with power throughout the' Dominion to acquire and hold lands, construct houses, sell and dispose of such projiertv, lend money upon mortgages, and deal in public securities. There can be no doubt that a Provincial Legislature could have in- corporated a Company with authority to exercise the same powers within the limits of tlie Province^ yet in delivering the judgment of their Lordships of the judicial Committee, Sir 'Montague E. Smith held that inasmuch as the Conipany was incon)oratcd to carry on its business throughout the Dominion, the Parlia- ment (if Canada could alone constitute a Company with these powers. It would seem to follow that the Statute in question which confers upon the Company authoritv to acquire, cultivate, improve and sell lands not only in the Proyincc of Nova' Scotia, but also in the Province of New Brunswick and else- where, is not limited to Provincial objects in the sense in which that expression is used in the British North America Act. and, therefore, that the enactment is ultra -i'lrcs. ... , td The undersigned considers that this view should be submitted to the Pro- vincial Government, and that tlie Statute should be disallowed unless Your Ex- cellency's Government is assured that it will be amended within the time limited for disallowance by repealing the authority so far as extra Provincial territory is concerned.''^ . ^. , r- Cliapter 157. An Act to incorporate the Indian Point Cemetery Compan>, in the Townshqi and Countv of Lunenlnirg. _ This Statute incorporates a Cemetery Company. Section 17 i^rovides that any person who shall wilfully destroy or injure or carry away any fence, monu- ment mound, embankment, tree or plant, or any property in the Ijurying ground shall be pi^ lished bv a fine not less than four dollars nor more than forty dollars, or lie committed to the common jail for the space of not more than sixty days, according to the nature of the offence. This Section apiicars to relate to the sub- ject of criminal law, and the subject of wilful and malicious injury to property has already been dealt with by the Parliament of Canada under the Criminal Code 1892 The undersigned does not, however, consider the objection sufli- cientl'y serious to warrant the disallowance of the Act, the object aimed at being the preservation of property, and the question being one which may be determined by the courts in anv rnsp in which it may arise. The undersigned recommends that the Statutes mentioned in this Report, other than Chapter 113, be not disallowed, and that a copy of this Report, if ap- ' i'see letter from Attorney Genernl Longley of dnte 7th October, 1897, on pnge 39. id viciiiiiiA, 1897. 35 proved, be transmitted to His Honour the Lieutenant Gov.'rnor of tlie Province for the information of his Government, with the request that he sliould inform Your Excellency's Government, as soon as convenient, whctiier or not the amendment suggested will l)e made in respect of Chapter 113. Respectfully submitted, O. AIOWAT, Minister of Justice. Report of the Honourable the Minister of Justice, opfroved /'v His F.xce!lenc\ the Governor General in Council, on the 4th September, iSpj-. Departmext of Justice, Ottawa, 241I1 August, 1897. To His Excellency the Governor General in Couiu-il : The undersigned has the honour to suljmit his report upon Chapter 2 of t!ie Statutes of the Province of Nova Scotia, passed in th-.- sixtieth year of Her Ma- jesty's reign (1897), and received by the Secretary of State on the 2nd lulv, 1897. The undersigned has received two letters from His Honour Judge 'Savarv, Judge of the County Court for District No. 3 in tlie Province of" Nova Scotia, also a letter from j\Ir. T. C. Shreve, O.C, enclosing a copy of a letter from Judge SavaiT addressed to him and which he has forwarded to the undersigned upon the Judge's request. In these letters Judge Savary urges certain objections to this Statute. The letters are submitted herewith. The undersigned observes that before and since Confederation, tliere have been in Nova Scotia, Courts known as Probate Courts, which liave exercised the ordinary jurisdiction with reference to letters of probate and administration and the settlement of tiie estates of deceased persons. In most cases a Court has been established for each County with a Judge and Registrar for each Court, l)ut in one or two cases a County has been divided into two districts, eacii with a separate Court. No salaries have been paid to tlie Judges or Registrars, l)ut tiiey have been allowed to take fees established by law. Tlie present Act confers new jurisdiction in non-contentious matters upon tlie Registrars of Prol)ate, and con- tinues tlie jurisdiction of the Probate Courts substantiallv as heretofore, l)ut pro- vides that when tlie office of Judge of any Probate Court shall become vacant, the Judge of the County Court widiin whose jurisdiction the vacancy occurs shall become Judge of sucli Probate Court. Except as to the County of Halifax, the district of each County Court Judge comprises three counties. Under Section 96 of die British Nortli America Act, the Governor General is to appoint tlie Judges of the Superior, District and Countv Courts (except those of the Courts of Probate in Nova Scotia and New Brunswick), anrl under Section 100 the salaries, allowances and pensions of the Judges of the Superior, District and County Courts (except in the Courts of Probate in Nova Scotia atuii New Brunswick), and of tlie Admiralty Courts in cases wiiere the Judges tliereof are for the lime being paid a salary, shall be f^xed and provided l)y tlie Parliament of Canada. Nodiing is said as to the appointment or salarv of'Prol)ate Judges in Nova Scotia and New Brunswick, l)ut it was doubtless' intended that Ihcv should be appointed by the Province and thai the Province should have authorit'v to legislate with regard to their salaries, and that is the construction of Hif> A.ct which lias heretofore been acted upon. The offices of County Court Judge and the office of Probate Judge do not conflict, and it docs not seem to be seriously urged that a County" Court Judge 3J^ r ft'r 36 NOVA SCOTIA LEUISI.ATION. cannot perform his duties as such consistently with the execution of the addi- tional office iniiKPScd upon him by this Act. Judge Savary, who is the only per- son who has offered any complaint, says tliat the Judges would undertake the Probate work in connection with their other work if an allowance were made by -way of increase of salary and for travelling expenses, and in his later communica- tion he states that he proposes to discharge the Probate duties with all the energy and zeal in his power, but in his own chambers at Annapolis, where he resides, until the Local Legislature makes provision for his expenses while out of the County, and he states that upon his construction of the Act he is not required to hear Prol)ate cases elsewhere than at his chambers, except in his own discretion. If a Provincial Legislature should impose on County Judges duties which may not consist with die interests of the Dominion, the Dominion has protection in the power of disallowance ; but the undersigned sees no sufficient reason for the exorcise of such a power on that ground here. . . ^ In the case of Valin vs. Langlois, 5 Appeal caseg, 115, the Judicial Committee decided that the Parliament of Canada has power to impose new duties upon existing Provincial Courts, and give them powers as to the matters coming with- in the classes of subjects over which Parliament has jurisdiction, and, therefore, that Parliament might confer upon the Provincial Courts the jurisdiction of the Controverted Elections Act. In like manner it seems to the undersigned that the Provincial Legislatures mav impose new duties upon Provincial Courts as to matters within the jurisdic- tion of the Provincial Legislatures. The fact that a County Court Judge is re- quired to perform the additional duties under another name does not appear to the undersigned to present any real difference. The undersigned is of opinion, therefore, that there is no constitutional ob- jection to this Act, and that the grounds urged by Judge Savary do not afford any reason for disallowance, although they may support a claim against the Pro- viticial authorities for remuneration for the extra work imposed. The undersigned has the honour to recommend, therefore, that the Statute in question be left to its operation, and that a copy of this report, if approved, be transmitted to the Lieutenant Governor of the Province for the information of his Government. Respectfully submitted, O. MOW AT, Minister of Justice. His Honour Judge Savary to the Honourable the Minister of Justice. Annapolis Royal, N.S., 26th February, 1897. The Honourable Sir Oliver Moivat, K.C.M.G., Minister of Justice for Canada. Sir— May I respectfully ask leave to call your attention to a Bill now before the Local Legislature of Nova Scotia, copy of which I enclose. By this measure it is proposed to cast on the County Court Judges of Nova Scotia, who are the Of^cers of the Government of Canada, all the work of the I'robate Court with- out any remuneration; but on the contrary, to make the salary and allowance made to these Judges bv the Dominion Government available for the payment for their services as Judges nf Probate. I would in this connection further call the at- tention of His Excellcncv in Council to Section 100 of the British North America Act By that section tlie Government of Canada is exempted from paying the 60 vicTOHiA, 1897. 37 salaries of tlie Judges of Probate of Nova Scotia and New Brunswick. Can it be possible that it was contemplated by this Act that it should be in the power of a Provincial Legislature to compel Judges appointed and paid by the Dominion Government and Parliament, to per.orm the duties of another well-known and long established Court gratuitously I submit the case i> by no means the same as the conferring on us jurisdiction indcr the Speedy Trials Act. The latter was only an enlargement of our jurisdiction as Magistrates, and was accepted by the County Court Judges without any complaint, and being in the way of administer- ing the criminal law of the Dominion, was fairly included in the services for which the Judges are paid their salaries by the Dominion Government. But the " contentious business " of the Court of Probate, which means all the real work done in that Court by the Judge, will about double the labour entailed on the County Court Judges of this Province, and render an increase in our number necessary; and as the Judges are to be paid by the Dominion Government and by provision of the Parliament of Canada, I beg to suggest that by reason of this measure the Dominion Parliament will be obliged, in that indirect way, to provide the salaries of the Judges of Probate in this Province. Should an Insolvent Act pass it will be impossible for a County Court Judge to do the work of the three Courts, and it may become necessary for the Dominion Parliament to constitute a separate Court to administer the Insolvent Act; while the time of the Judges paid I)y provision of Parliament is occupied in the work of the Proljate Court, with which Parliament has nothing to do under Section loo, British North America Act. It may be necessary to explain that outside of Halifax the Judges of the County Courts have each three Counties grouped together in a District, to pro- vide over, except in one instance, where a Judge has two large and extensive Counties, and these additional Counties, the Court in each of which is a Separate Court, are in lieu of Division Courts — the Judge merely hearing an appeal and trial dc novo in small matters, which are tried in the first instance in interior tri- bunals—stipendiary and other magistrates, and that the jurisdiction of the County Courts extend from $20 to $400 in amount in all cases of contract and tort, ex- cept those few generally excepted from the jurisdiction of the inferior courts. The i)opularity of this Bill, it is ackncjwledged by its promoters consists in the abolishing the fees which the present Judges of Probate, of which there is one in each County, receive out of the Estates, and compelling the Dominion paid Officer to do it in part return for the salary which he receives from the ( government of Canada. In a similar spirit an agitation was long kept up in the Local Legis- lature to compel the Dominion Government to pay the expense of criminal pro- secutions in tlie Province. There is more reason in that contention than there is for what is now proposed in respect to the Probate Court which is purely a local Court, with which, or the laws which are adminstered by it. the Parliament of Canada has nothing to do. The fees in each of the three Counties over which I preside, collected by the present Judges of Probate, are i^robably about $300 for each County. Xo doubt the Judges would undertake this work in conjunction with their other work, at considerably less than the gross amount of these fees, with an allowance for travel to the Counties in which he does not reside; but it is submitted that to pass this Bill without providing either bv fees or out of the local revenue for their services and expenses, would be contrary to the provisions of Section 100, British North America Act; and to the general policy of the law-s regulating the relations of die Provincial and Dominion Parliaments, and the position of the Judges in respect to each. I 3.S \ci\A WCOTIA l,i:i:iSI, AlKiN. By auDlher Act, not tu be pressed lliis Session, it is proposed to abolish the present County and Supreme Courts, and to substitute an Appeal Court and a Superior Court, increasing the whole number of Judges by two, increasing the nuinber of County Judges; so there will be one for every two Counties. I sub- mit this increase nuist be intended to acconnnodate the business of the Probate Court, and indirectly com])el the Parliament of Canada to provide for die salaries of the Judges of iVobate. 1 humbly submit that neither of these measures should receive the assent of His Excellency the Governor General, without some pro- vision, and that not merely a colourable one, for the services of the Judges as Judges of Probate, by the Local Government. The Act complained of seems cleverly framed to prevent a general complaint from the County Court Judges by providing that the duties shall not devolve on the Judge of the County Court in any County, until a vacancy occurs in the ofiice of Judge or Registrar of Pro- bate; but two vacancies are likely in the course of nature to occur in my district soon, and that not in the County in which I reside. Init adjacent Counties, one of them 87 miles distant. I am anxious to be heard by Counsel or in person before you, unless your mind is sufificiently clear from the facts I have stated, that this measure, in view of Section 100, British North America Act. and uthcr considerations of policy, should not be allowed to become law. All of which is very respectfully submitted l)y your obedient servant, A. W. SAVARY, Judge of the Cotiuty Courts for the Counties of Annapolis, Digby and Vannoutli, Nova Scotia. }fr. T. C. Shrcz'e to the Honourable the Minister of Justice. Digby, N.S., 22nd July, 1897. Sii!, — I have just received a letter from Judge Savary, of Annapolis, Nova Scotia. The Judge wislnnl me to send it to you after reading it, but I forward instead a copy. I need make no conmient upon the letter, as it speaks for itself. Your obedient servant, T. C. SHREVE. His Honour Judge Sazxiry to Mr. T. C. Shreve. Annapolis, N.S., 21st July. 1897. ]\Iy dear .ALr. SiiRiiVE, — Your favour of the 21st is received. Can you point out anything in the Probate Act of 1897 which requires me to trj' conten- tious Probate business outside of the Coutity where I reside, wiUiout any indem- nity for my travelling expenses ? I believe if there are any provisions of the kind, they are of doubtful validity. I will be happy to appoint a day here in Annapolis for the hearing of the contentious business in the estate of the late Honourable C. Campbell, but I don't think the Local Legislature has the power to compel me to go to Digby to do this business on my own expenses. (iO VKTOHIA, lfS ft 40 NOVA SCOTIA I,E(iISLATIOy. I therefore advise that it would be desirable to intimate to the Secretary of State for the information of the Department of Justice that a measure would be rntroduced at the next Session of the Legislature repealing all that Portion of the Act which gave the Company corporate rights in the Proymce of New Brut.s- wick and so amend the Act a. to limit its application entirely to the Province of Nova Scotia. J. W. LONGLEY, per L.E.P. NOTE -The Act In auestlon was amended in the manner Indicated In the above letter. Se«NS.' Statutes. 61 Victoria (1898), chapter 171. 61 VICTORIA, 1898. 41 \f of I be the UIiS- e of jtter. 6IST X'ICTOKIA, 1.SQ8. 1ST Session — 32ND General Assembly. Report of the Honourable the Minister of Justice approved by Ws P-^cdleney the Keport Of ^^^^^^^ ^^^^^^^^ .^^ ^^^^^^^.^ ^^^ ^^^^ ^^^^^ ^^^ ^f December, 1898. Department of Justice, Ottawa, 21st November, 1898. To His Excellency the Governor General in Council : *' cZJer'js' '■■ A,,' Acr.o an.cd Cl,a,«r ,06, Revise.. Sta.u.es, of Juries^ i Xn fot ,l,is a,a„,er provides that hereafter *e number rf grand u or ,0 be summoned a, any term of the ^"l>'7« ^otrr ", any Lm^^^^^^ - r^rj^i-r sr:,rr;™'^.e:t^v« r.vt:'ti!i^ any niatter, inst of twelve. c,.,ti,,n fi6^ bv the Criminal Code as amended by 57-58 to the contrary, seven grand jurors, m.tead ^^^ t^^^'^^ J^^ f'^^^ ,^^^;, t,4„ ,^,;,. S'ptt,e°l,"l!eS=^s^.:d -;boril;;;'i:«i:.rVsr.be numbers eousti- '"''l,:^„S'rti;nerd"» '.rLvever, consider tbe question free from doubt but aTlulfrTe^l^tion bas bee,, left ,„ its operation ,n one or ^o^oU^-^^ Provinces, and in view of tl,e i>rov,s,o„ ° « « Crmnual L°dc^ ^attulf buS .r;ilpHen.-c:S,;^1u^ef. ."e^Sirn by Par,ian,ent^sbo„,d '■° TlWter'''.53. "An Ac, to Incorporate the Maritime Transportation and SalvaRe Conipany. Li,nited." rnmnanv are included the power to Among the powers ~"'«7'=^ J°'' .^lin sTeS.ipS ailing vessels'^ and all purchase, hire, charter, nav.gate and '"»"'<"" f 7"!;,,^ iarrving and conveying other kinds of craft, inclndmg tugs »"- of Jiislicc to the lion. Attorney General of Nova Scotia. DiiPARTMiJNT OF JusTicii, OTTAWA, jtli Xovember, 1898. SiK,— I have tlie honour to ar'- >wledge the receipt of your letter of thc_2t asked him for a!^' additional argument, however, because a perusal of the one submitted has no. led me to desire any, and because I conceive that in these mat- ters we should look to the provincial auth<3rities for reasons Upholding their legislation rather than to private individuals who may be interested in sustaining it, though, of course, the Minister will always be glad to consider any reasons from whatever source produced which the Attorney General of the Province may consider proper to put forward. I observe that you do not advance any reasons of your own in support of the Statute. You inclo'se Mr. Rowlings' memorandum and state that he desires to be speciallv heard before disallowance. I may say that sucii a hearing would be an unusual proceeding, and, so far as I am concerned, I doubt whether any advan- tage would accrue from it. It may be, however, tliat you would desire to hear Mr. Rowlings and afterwards consider whether you should make any represen- tation in the matter. I observe that Mr. Rowlings concludes his memorandum with the statement that he presvmies that the exercise of the power of disallowance in this case would in any event be confined to the words in section 2 (a) reading •' between Halifax and other ports in the Dominion of Canada and Newfoundland." But His Ex- cellency could not, as you are doubtless aware, use the power of disallowance for the purpose of amending the Statute. The power if exercised must afifect the Statute in its entiretv. I am under the impression, however, that this Govern- ment would be satisfied to leave the Statute to its operation in the meantirne H you would undertake on behalf of the Legislature to amend .he Statute within the time limited for disallowance by striking out tlie words " between Halifax and other ports in the Dominion of Canada and Newfoundland, and to and trom and between said ports" in section 2 (a), ad by adding a proviso applicable to the whole Statute that nothing therein contained shall authorize the company^ to est.ablish. maintain or operate anv line or lines of steam or other ships coimecting the province with anv other or others of the provinces or extending beyond the limits of the province,^ or between the province and any British or foreign country. 44 NOVA SCOTIA I.KfilHLATION. If such a proposal would be satisfactory to you, 1 sliall \>c glad to submit it for the consideration of the Government. Awaiting your reply, I have the honour to be, sir, Your obedient servant, E. L. NEWCOMBE, D.MJ. The Hon. thi Attorney General to the Deputy Minister of Justice. Halifax, N.S., 12th November, 1898. Dkar Sir,— I have yoar communication touching the legislation embraced in an Act to incorporate the Maritime Transportation and Salvage Company, and I beg to say that I concur in your proposition and I shall be prepared at the next Session of the Provincial Legislature to introduce an Act to make t'^e amend- ments proposed in your letter,* and I think that this atifords the b"' solution m respect of the matter in dispute. Yours very truly, J. W. LOXGLEY. ill The Deputy Minister of Justice to the Hon. the Attorney General. Department op Justice, Ottawa, 21st November, 1898. Sir,— I have the honour to acknowledge the receipt of your letter of the 12th instant, with regard to the Statute incorporating the Maritime Transportation and Salvage Company, Limited, in which you state that you concur in my pro- position, and will be prepared at the next session of the Legislature to introduce an Act making the amendments proposed in my former letter. Li these circumstances I am to state that the Minister will not at present recommend the disallowance of the Act. I have the honour to be, sir, Your obedient servant, E. L. NEWCOMBE, D.MJ. *NoTE.— The Act in question was amended by 62iid Victoria, chapter 101, Nova Scotia statutes, 1899. J ) 5'J vicTouiA, IHUO 4& NEW BRUNSWICK. 5QTII X'K'rokIA, i.Sg6. 1ST Session — 2nd Legislative Assembly. Report of the Honourable the Minister of Jusliec. approved by His Excellency the Governor General in Council, on the . / I December, i8p6. Department of Justice, Ottawa, nth December, 1896. To His Excellency the Governor General in Council : Tlie undersigned has the honour to report that he has examined the Acts of the Province of New Brunswick, parsed in the 59th year of Her Majesty's reign (1896), assented to on the 20th day of March, 1896, received by the Secretary of Stace for Canada on the 2nd day of July, 1806, and he is of opinion that, with the exception of Chapters 5, 8, 42, 44, 96 and 106, all the said Statutes may be left to their operation without comment. The six excepted Chapters, viz., 5, 8, 42, 44, 96 and 106 will be reported upon separately. The undersigned recommends that a copy of this report, if approved, be transmitted to the Lieutenant Governor of the Province for the information of his Government. Respectfully submitted, O. MOWAT, Minister of Justice. Report of the Honourable the Minist-r of Justice, approved by His Excellency the Governor General in Council, on the 24th day of December, 1896. Department of Justice, Ottawa, 17th December, 1896. To His Excellency the Governor General in Council : The undersigned has the honour to submit his report upon the following Statutes of the Province of New Brunswick, passed in the 5Qth year of Her Majesty's reign (1896), assented to on the 20th day of March, 1896, and received by the Secretary of State for Canada on the 2nd day of July, 1896. Chapter 5. " An Act to consolidate and amend the law respecting the sale of intoxicatmg liquors." 46 M.W I1IUNS\MCK I.KdISI, \rinV, III Upuu furllicr consideration of tliis Statute llie undersigned does nut con sider any couuuenl necessary. It may be left to its operation. Cliapter 42. "An Act to consolidate and amend tlie Acts to provide for tlie payment of Succession Duties in certain cases." 'lliis Act, as its title indicates, provides for the payment of Successi(jii Duties, Section 4 exempts from the operation of the Act estates not exceeding in value $5,(j<:kj, properly given for religious, charitable or educational purposes, and properly passing to certain relatives of the deceaseil therein mentioned where the aggregate value of the property of the deceased d admit of a I'oii-ilntction under which they woultl lje within the aiuliority of the Legislature, are nevertheless exi)ressed in terms general enough, as aiiparently to authorize by-laws, ixnvcr to make which could not i)e conferred !iy a I'rovincial Legislature. I'liey apiiear to relate striclh^ to navigation and shipping, iriminal law and other suhjecls of l)i)minion legisla- tion, Imt it is diiiieult to say that they may not include some antlmrity which could be granted by a I'rovincial Legislalure. Thus, as to No. 14, it may be competent for provincial authorities, as a matter of municipal or police regulation, to impose some restrictions as to the loading and iniloading of vessels; for e.\;unple, that oil or explosives should not be hantllcd except during the day time or subject to certain regulations for ensuring safety. As to ZJ, the local aulhoiiiies might prevent the establishment of gambling houses, although they could not impose a penalty for keeping a gambling house, that matter being already governed by tlic Criminal Coile. See Sections up cl scq. Section 23 m.iy ajiply to other persons than those detined in Section 207 of the Criminal Code, and may also authorize the restraint of such as are likely to commit offences. The undersigned considers it sufficient to point out that the atithority by tlicse clauses dtlegatcd to town councils caimot lie legally acted so as to authorize bydaws all'ecting matters which have been committed to the exclusive legislative authorit}- of Parliament. Section 106 provides in ett'ect that any (ler.-^on who shall resist a I'olice Ollicer in the execution of his duty shall incur a penalty of $80. The authority of this section is questionai)le as relating to the subject of criminal law, and because it establishes a penalty for an olfence under the Criminal Code of Canada for which a penalty is also provided by the Code. Section 263. Certain provisions of Section 100 are open to the same objection. It docs not api)ear to the undcrsigneil, however, that the Statute should upon any of these grounds be disallowed. It would be open to any jicrson alTcctcd i)y those provisions to test their validity in the courts where such (piestions could be conveniently decided. Chapter )5- l Vol. .>f Dominion and Provincial T-egislation, 1867-95, pp. 764 and 766. See also ])p. 244, 635, 645, 1146-7. 1140-50 and 1152.) The existence of unconstitutional provision=^ in the Pmvincial Statute Books is apt to mislead and thereby cause trouble, but the danger of this consequence varie= according to the nature of the ol)jeclionabic provi.sions. 48 NKW 1IRUN8WICK l.KCilSLATlON. The undersigned recommends that a copy of this report, if approved, be transmitted to the Lieutenant Governor of the Province for the information of his Government, and that as to Chapter 42 herein mentioned, the Lieutenant Gov- ernor be requested to inform Your Excellency's Government whether the desired amendment will be made within the time limited for disallowance. Respectfully submitted, O. MOW AT, Minister of Justice. i • \y Report of the Honourable the Minister of Justice, approved by His Excellency the Governor General in Council, on the 22nd December, i8p6. Department of Justice, Ottawa, 17th December, 1896. To His Excclleticy the Governor General in Council : The undersigned has the honour to submit his report upon Chapter Eight (8) of the Statutes of the Province of New Brunswick, passed in the fifty-ninth year of Pier Majesty's reign (1896), assented to on the 20th day of March, 1896, and received by the Secretary of State for Canada on the 2nd day of July, 1896. Chapter 8. " An Act to revive and codify an Act to provide for the division of the Province into counties, towns and parishes." The first section of this Sta- tute purports to enact what shall be the line of division between the Provinces of New Brunswick and Nova Scotia. The Legislature of New Brunswick has no authority cither to establish, vary or declare the boundary line between that Province and the Province adjoining. The undersigned assumes, therefore, that the jirovision in question is intended merely to be declaratory, but it does not correspond in terms with the description in the commission to Governor Carleton as set out in 3 Cartwright's cases, p. 573. It would seem proper to direct the attention of the Lieutenant Governors of Nova Scotia and New Brunswick to this Statute in order that they may submit for the consideration of Your Excellency's Government such observations as they may think proper, and in the meantime that the undersigned should defer further ob- servations. The undersigned recommends, therefore, that a copy of this report, if ap- proved, be transmitted to the Lieutenant Governors of Nova Scotia and New Brunswick for the information of their Governments. Respectfully submitted, O. MOWAT, Minister of Justice. Report of the Honourable the Minister of Justice, approved by His Excellency the Governor General in Council, on the i^th July, 1897. Department of Justice, Ottawa, 24th June, 1897. To His Excellency the Governor General in Council : The undersigned has the honour to refer to his report to Council, approved on the 24th December. 1896, relating to certain Acts of the Legislature of the 5'.t VlCTdlilA, IS'.MV (!) Province of New Brunswick, passed in the tifty-ninlli ycti of Her Majesty's reign (i8y0j, assented to on 201I1 day of Marcii, iSijO, and' received 1)\' tiie Secre- tary of State for (Janada on 2nd day ni }\\\\, 1 to prwvide for I'le paynu-nl of Succession i)niies in certain ca>es." 1 1 is slated in tiie report tiiat tiie Act purp(jrt^ to andmri/.e tlie taxaii'.n of properly over wiiicli tile Lej;islatnre has no coiurol, and tlie undersigned recoin- lueiided that the attention of the Legislature should be called to tiic enactment, sq that a projier ainendment might he made limiting the a])plicalioii of the Statiue to property wliicli is witliin the authority of the Legislature to ta\-. 'I'lie I .ieiiteiiaiit ( Jovenior of the i'ro\iiice was also rei|ue>led lo inform Yo.ir l'"xcellency',s (iovernmenl wliellier the sugge^led ameinliiUMil would he uiiide within the time limited for disallowance. I he undersigned has now received from die Att<>nie\- i itneral of the I'lo- vince a copy of a Statute passed at the last Session of die Legislature (hotli \ i--- toria. Chai)ler ;V)), iniituled "An Act in amendment of "The Suece>^-ion l)u;y Act, iHi/k" hy Section 2 of which it is i)rovided thai Section 5 of the said Chai')- ter 42 is amended hy adding at the end thereof the fo!li'wiiig"]iaragrapli :- - ••(a.) Tile i)rovisioiis (if this secticjii are not intended tn a|)plv, and shall iMt apply lo properlN- oiUside this I'roviuce, owned at the time of hiscleath hy a \hi-- soii not then having a i)lace of residence within the Province, except so much thereof as may he devi-ed or transferred to a person or ])er>ons residing witliin the i'ro\iiiee." The undersigned considers that the aniendment so made C( implies only par- tially with his recomnieiidalii'n, and is not broad enough to relieve the ori'dnal Act of the ini])iitalioii of exlra territorial elTect. The limitalioii ni.ide In-^ the amendment relates only to property outside tlie I'roviuce owned at the lime of his death by a i)ersoii not then having a place cjf residence within the Province, and to so much of such property only as may he devised or transferred to a per- son or persons residing within the Province. It .seems to the undersigned that the amendment should have provided in effect that the provisions of Secti<3ii 5 shoukl not ajiply to any pnjperty situate outside the Province, except in so far as such property might he Ijroiight imo the Province for the purpose of administration or distrihutioi'i, or for lhe'i)uri)0sc of ijaymenl or satisfaction of any hecjuest to a legatee domiciled within the Pro- vince, and it wouhl, in the oi>inion of the undersigned, be necessary to .so limit the general provisions of Section 5 in order to bring them within the authority of the Legislature, It is a question u^v the Legislature also whether as a matter of justice it should not he provided th;it projierty situate outside of the Province which had already paid succession duties in the place where it was situate should not under this Act be held li;ible to taxation, except where the tax levied in the outside jurisdiction was less than that imiiosed under this Statute, and then onlv to the extent of the difference. While, therefore, the amending Act fails to meet the views of tlie under- signed as to what is necessary, the undersigned regards the ameiulment as evi- dence of an intention on the part of the Legislature not to exceed its i)owers. It has also been rei)reseiited to the undersigned tli.it if the present aniendnuiit be considered insufficient by Your Excellency a further limitation will be enacted at the next Session of the Legislature removing the defects of the present an'iei'ul- ment to which the undersigned has called attention. In view of these circtinistances, and having regard to tli ence and loss which disallowance of the Act might cause to the P e serious inconveni- rovince, the M I • no NKW lUiHXSWlIK LH'ilSLATlON. undersigned considers that the Act should not be disallowed, although no fur- ther amendment can be made within the time for disallowance. The undersigned is further induced to refrain from rcconnncndmg the dis- allowance of the Act, because the objections to which he has referred, in so far as they relate to the question of the auth'rity of the Legislature, are objections which'could be considered judicially, and because the Courts would be bound in the construction of the Act to reject any interpretation which would have the •efifect of taxing property beyond the jurisdiction of the Legislature. Respectfully submitted, O. MOW AT, Minister of Justice. I |1 I I n I GO VKTOHIA, 1(597 61 60T11 \'ICT()R1.\, 1.S97. 2\n Si:ssio\ — 2\d Lkgisi.ativf. Asskmih.v. Report of the Iloiioiirablc the Minister of Jiistiee. approved by llis li.vrelleiiey ihe Go'i'ertior (ieneral in Council, on the !_')t!i Xo^'eniher. iSij-. |)i;i'AKT.\lK.\T OF JUSTICK, OTTAWA, lOtll \'i )\\'ni!)Cr, ]Hi)J. 1 Ills lixeelleney the Governor General in Council : The undersiyncd has had under consideration the Statutes of the Province of New JJrunswick, passed in the sixtietii year of Her .Majesty's reiyn (1807J. received by the Secretary of State for Canada on tiie i8th June, uS.jj, and he lia- the iionour to report that these Statutes may be left to their operation witiioui an\ remarks, with tiie exciJption of the following which seem to call for some ol)ser- vaticjns. Cliapter 5. ''An Act to provide fishing faciUties for J'rovincial and ot'ner Sportsmen, and for tlie re-stocking witli tish of certain Lakes and Waters of the Province. Chapter 20. "An Act to amend I'art \T. of Chapter 115 of the ConsoH- dated Statutes, relating to Sewers and Marsh lands." Cliapter 83. "An Act to incorporate tiie t'i)per StnUii-west .Miramichi Log Driving Company." Cliapter 93. " An Act to incorporate die Chatham Water Comi)any." Cliapter 94. " An Act to consolidate, continue and amend the several Acts relating to the North-west lioom Company." Chapter 95. "An Act to authorize the Town Council of the Town of Cha tliam to provide a system of Water Works for said town." These Statutes contain provisions with reference to fisheries or afYecting ri- , - .-»'• other waters which, for reasons stated in reports upon previous enact- Is ; .'f the same character, are not, in the view urged on bclialf of Your Exce!- k.icy s Government, within the legislative jurisdiction of the Province. 'idle undersigned does not consider, however, that any action slioakl at pre- sent be taken with regard to these Acts. Chapter 24. " An Act to consolidate and amend the law relating to the Supreme Court." Section 25 reads as ft)llows: — "Section Two of the Act of Assemhiv sixth William I\'., Chapter Fourteen, is unrepealed, which seclion is as follows:— '"The sole liberty of printing and reprinting and iniblishing such reports shall be, and the same is hereby vested in and secured to the author and compiler thereof, his heirs and assigns, and if any person shall print, reprint or publish anv such reports without the consent of the author and compiler or '/roprietor there- of, he shall be lialile to an action on the case at the suit of such proprietor, in which action such proprietor shall recover double die damages he mav have sus- tained by any such infringement of the copyright hereby securetl to hhn.' " Tlie undersigned observes that the subject of copvriglit being within tlie exclusive legislative authoritv of the Pariiament of Canada, and being governed Canadian letrislation alrcadv cnactec L'gl 4.^ -egi n m A-: r'it .1 !« 11, 52 Nl « HKL'NSWKK LKI .ISLAllON. kiuirc IM cniilcr ur dL-clarc any rights of copy. If, as is stated in tl i sccuon (luutcd, Section two of llic Act of Assciul.ly of Sixth Wilham IV . Ijc still un- repealed, it doubtless remains in elYecl so far as not inconsistent with the legisla- tion of the Uoniinion, but in so far as it may have been repealed either expressly or impliedly by subsequent legislation it cannot be revived by a i'rovmcial enact- ment declaring that it is unrepealed. , Subject to these remarks the undersigned considers that this Statute should be left to its operation. , , , Chapter j8. ■' An Act to consolidate and amend the law relating to County Courts." _, • 1 • 1 11 • „ Section 04 purports to give the several County Courts within the 1 rovince jurisdiction in criminal matters. The jurisdiction so stated to he conferred is tlie same, however, as thi'.t provided for the County Courts of New Brunswick, under the Criminal Code, 1892, and the undersigned considers the section referred to as mereh intending to declare the jurisdiction already vested in the County Courts under Dominion legislation, and not as intended to legislate inconsistently, or to confer any new or different authority. , , ^ r t- • , Chapter 29. " An Act in further amendment of the Law of Lvidence, in relation to the evidence of Husband and Wife." . ■ ,- This Chapter provides in effect that the disability heretofore existing ot any husband or wife to give evidence for or against each other in any civil proceeding instituted in consequence of adultery is removed, and that the husband and vv.fe shall hereafter be competent to give evidence for or against each other on the trial of any issue joined, or of any matter or question, or on any inqiury arising hi any suit, action or other proceeding in the Court of Divorce and Matrimonial ' auscs, or in any other court of justice, or before any person authorized to take vidence. This provision in so far as it intends to make the evidence of the usi/and and wife admissable in proceedings for divorce is in the opinion of t,ic ndersigned ultra vires, the sut.ject of divorce being one of the enumerated sub- ects in Section 91 of the British North America Act, and the rules of evidence ,V which the right to divorce is to be established appertaining strictly to the sub- ect of divorce. The objection stated, however, is one to which the Courts may nve effect, and as there is room for the operation of the Act m matters withm lie competence of the Provincial Legislature, the undersigned does not consider hat it should be disallowed. . < n^, c • -r, f A.f tQ,,^'" Chanter ^6 " An Act in amendment of ' The Succession Duty Act, 1896. The undersigned in recommending that this Act be left to its operation refers t.5 his former repent to Your Excellency with regard thereto, approved on nth Tulv i8.)7, from which it appears that the undersigned has received assur- ance that a further amendment to " The Succession Duty Act, 1896, will l)e made in order to comiilv with his former recommendation. The undersigned antici- pates that such further amendment will be made at the next Session of the Lcgis- ^^^"''chaMter 6q " Xn Act to amend ,loth A'ictoria. Chapter 28, intituled ' An Act to authorise the City Council of thv City of f^deric^on to assess for Agnc.il- tural purposes.^^^ refers to previous legislation by which the City of Frederict.ni wi. authori/od to issue debentures to an amount not exceeding $1,500 to be .q)- p;opn,-,ted in assisting the York County Agricultural Societv ,n raising fund, t^- nnv off 1 b-dancc due on the exhibition building m the ( itv of Fredencton. Tt recites 'that "the citv did not issue the debentures so authorizc.l, and that John H. KHd ' President of the York Countv Agricultural Society has claimed that ho is 60 VICIOIIIA, iMi: 53 entitled to receive fmin tlie City Council of tin.' C ii.\ oi 1 ivdiiicloii the suiii of $1,500 with interest. The Statute proceeds to provide that Mr. Ueid's claim shall be referred to the arbitration of three arbitrators, one to be api)uinted by Mr. Keid, one by the city, and the other by the Jud.^e in Eipiily, that the arbitrators shall proceed to take evidence with respect to the amount ni the cluim which Mr. Keid has cither personally or as i'residenl of the York Comity Ai^ricnltural .Society by reason of money expended by him in connection with the buildinay to Mr. J^c'k], in determinins^ which amount the arbitrators are to decide irresi)ective of the Statute of Limitation and widioui regard to le,L;al forms or technical objec- tions. The amount found due upon such reference is to constitute a lethal claim against the citv for which the city is to cause debentures to be is-md to Mr. Keid. There has been referred to the undersigned, copy of a memorial addresed to Your Excellency by the .Mayor, Aldermen and Commonalty of the City of I'rcde- ricton in which the'memorialists complain of the injustice igned does not consider that the hijustice complained of is such, or so apparent, as would justify ^■our l-^xcellency in itUjr- fering by the exercise of the power of disallowance with a matter which is other- wise entrusted entirely to Provincial autitority. h'air ])rovision is made for the appointment of the arliitrators and the hearittg of both sides. The decision is to proceed ui)on the grounds of honour and good conscience, and if the arbitrators are faithful in the discharge of their duty, as the undersigned assumes they will be, no great injustice can come from comiielling the parties to su!)mit to the award. . .. The undersigned docs not, however, feel called upN. |!t ', S ! . ^[i'Hlol■ials from, the Mayor and Corporation of Frcdcriclon respecting Chapter 6^. To His Excellency the Right Honourable Sir John Campbell Hamilton Gordon, Karl of Aberdeen, ike, ike, Governor General of the Dominion of Canada. The Aieniorial of the Mayor, Aidernien and Commonalty of the City of Fredericton, in the County of York, I'rovince of New iirunswick, Dominion of Canada, most respectfully showcth: — That at the last Session of the Provincial Legislature of the said Province of Xew lirunswick, a Bill was introduced intituled " An Act to amend the Act 30 \ictoria, Chapter 28, intituled "An Act to authorize the City Coimcil of the City of l'"redericton to assess for Agricultural i)uq)Oses,' " having for its object the compelling of the Corjjoration of the said City of Fredericton to issue debentures to the amount of twenty-three hundred dollars, said debentures to be delivered over to the York County Agricultural Society or to one John H. Reid. That your memorialists presented a Petition to the said Provincial Legisla- ture, praying that said Pill might not pass or become law, but that said P)ill did pass the said Provincial Legislature in an amended fcjnn, and received a third reading. Your memorialists thereui)()n i)resented a Memorial to His Honour the Honourable Abner Reid McClellan, the Lieutenant Governor of the Province of Xew lirunswick, setting forth the facts connected with the said Bill, and the passage thereof, the groimds of objection \o the legislation therein embodied, and i)raying that J J is Honour \vt)uld be pleased to disallow the said l-'ill, a copy of which ?^lemorial marked (A) is hereto attached. Your nienK)rialists received an answer t.> their said Memorial from His Honour the Lieutenant Governor on the thirteenth day of March instant, a copy of which answer is hereto attached marked (1>). and the said Bill received the assent of His Honour the Lieutenant ( iovernor on the said thirteenth day of March instant. Attached hereto marked (C) is a certified copy of the Bill as assented to by His Honour the Lieutenant Ciovernor. Your memorialists believing that an injustice has been done them, by the exercise by the Provincial I^egislature of judicial function not within their con- stitutional authority, and by the passage of an Act most prejudicial to the private rights of your memorialists for the sole benefit of a private individual, hereijy respectfully solicit an in(|uiry into the said legislation, on the grounds submitted by them to His Honour the Lieutenant Governor of the Province of Xew Bruns- wick in their said Memorial. Your memorialists, therefore, pra\- that the said I'ill passed l)y the Provincial Legislature of the f'rovince of Xew Brunswick, intituled "An Act to amend the Act 30 X'ictoria, Chapter 28, intituled ' An Act to authorize the City Council of the City of J'"rcdericton to assess for Agricultural purposes.' " may not receive Your Excellency's assent, but that the 'Ion of the said Bill may be withheld. And your memorialists, as in dir luid. will ever pray. Sic. Dated at the City of Fredericton. in the Province of Xew Brunswick, this twenty-fourth day of March, A.13. 18(37. ^^■ESLE^■ \' ax wart, Mayor. CHAS. \V. r.ECKWITH. (■;7v Clerk. (il) \ K'l'iiltlA. \^'M To His Honour the llonoural)lc Al)iier Rcid McLclan, Licuienaul Uu\<.'rnnr uf the iVovince of Xcw Brunswick. Tile Memorial of the Mayor, Alderuien and Luuuuoualty of tlie City of Fredericlon, most respectfully showetli:— That during the present Session of the Provincial Legislature, a I'.ill was presented and passed wiUi aniendtnenls entitled "An Act to amend Chap. JS of 30th Vic, entitled 'An Act to audi(jrize the Lily Council of the City of Irederic- ton to assess for Agricultural jjurposes," " and having for its object the compellmg of the City of Fredericton, to arbitrate upon, and if an arbitration, to pay one John • ... ., • 1.1: { ^]^^. j;.,iii ^.ity f,),. the of the the inhal)itants H. Keid the sum awarded, and assess purposes of making such payment. Your memorialists respectfully request Your Honour's consideration following statements of facts in connection wiUi this Bill:— , \- 1 (1). That in the year one Uiousand eight hundred and sixty-four the \ ork County Agricultural Society erected in the City of hredericton an Exhibition Palace towards the erection of which die citizens of Fredericton voluntarily con- tributed and paid by subscriiHions and bonds issued by the then Lity Corporati.Mi a large sum of nionev amounting m the aggregate to four thousand dollars. (2). That the York County Agricultural S.iciety subseciuently hndiiig UiaL die means at their disposal were insuf^cient to complete the said palace building, and that a large indebtedness has been incurred by them beyond tluir available mean.s, solicited aid from the I'rovincial ( iovernnient, the County Council of \ork County and the Citv of I'rederictoii. which resulted in the Provincial ( .oyern- meiit, eventuallv granting the sum of hve thousand dollars, and the t_ouiit\ Louii- cil of the County of ^'ol•k granting an issue of debentures to the amount of tiitec!i hundred dollars uiicondilionallv. , • 1 t On die tw-entv-ninth dav of .March in the year one thousand^ eight hun- ial meeting of the Citv Council of the Citv of Fre (3) am dred ami sixtv-six. at a sjiecial meeting ot Wr t iiy i. ouncn 01 me v. u\ 01 i il dericton a petition was i)reseiited and read from three hundred and fourteen rat.- pavers of the citv, imiviiig; "That there is a prospect of the balance due on the cxhibiti.ju Iniilding being settled, that a Bill be presented to tiie Legislature .-it •. . . :..., ;.... o,.fl-,r>,.;(,, tr> iccf^cc til.-- Citv nf I'l-edericloil for tile sum ot its present session' for authority to assess the City of Fredericton for the sum This resulted in the passing of die Act on die ninth day a meeting held on thi; hundred and sixtvsix, the term- fifteen hundred dollars. ... _,. ^ . 01" luiy in the year aforesaid, enlidcd "An .\ci to authorize tne City Council ■ .1 the'Ci'ty of I'redericton to assess for Agricultural purposes," which Act reads as foil' ws: — (Hire folhncs Icxt of the Act.) (41. The City Council of die City of I'redericton at ninth day of October, in the year one thousand eight passed the following resolution: — Resoh'i'd, Uiat die Citv Council will issue deljentures according to of die Act of Asseniblv to the amount of tifteen hundred dollars, so soon as it shall be shown to the satisfaction of the Council, that the York County Agncul- tural Society has raised, or can raise from other sources a sum of money, niclud- ing the debentures, sufficient to pay of¥ the existing claims against the exhibiti,>,i building. ^ ., , , (5) It never having been shown to die City Council Uiat die requirements of the Act, or of the resolution of the City Council had been complied with, the Citv Council have never issued the said debentures. , . , , ■ (6) Mr Toh.n H. Reid was President of the York County Agricultural Society for a number of years, and was also in the year one thousand eight hun- dred and sixty-four the Superintendent of the erection of the said Exhibition 1i1 Ka^b«MMMWMf^ wmtrnmrnm: 5C. MCW IIIU NSWKK I.Kiilsl.AIION. I'alaco, and ,vas at that time, and lias been from thence cnntiiuKnisly, and is still a resident of the City of Frcdericton and the owner of valualjle real estate therein, but has never until tlie year one thousand cisiit himdred and niuetvfour i)rc- seiited any claim to the City Council, cither for the Yori< County Agricultural Society or on his own behalf for the debentures to issue under the above recited Act of Assembly. (7j. In the year one tlunisand eight hundred and ninety-foiu-, Mr. fohn 11. ]\cid presented a petition si.Ljned by himself as President of the N'ork" County A.i.;ricultural Society, jirayini; that the City Council of the said City of Frcderic- ton do order the issue of the deiientures under the said recited Act," and claiminf.^ that the .said York County Af^ricultural Society were indebted to him in a larf^e sum of money for services rendered, and money c.\i)CiKled in connection with the erection of the Exhibition Palace in the said year one thousand eij^dit hundred and sixty-four. This petition was referred to a Special Committee of the City Council, who, after a full liearin,c^ of l\lr. Rcid, reported back to the Council that they could find no authority from Mr. Reid's statements upon which the deben- tures could I)e legally issued under the said recited Act, and further that tiie sai'l "^'ork County Agricultural Society had no legal existence. This report was re- ceived and confirmed by the Citv Council. (8). At the Session of the Provincial Legislature held last year (1896), t!ie City of Frcdericton had introduced a T.ill for certain city puqioses to which it was sought during the passage thereof through the House of Assembly to have an amendment added, requiring the City of Frcdericton to issue debentures I0 the amount of twenty-three hundred dollars to the York County Agricultural Society, but this amendment was reported against, and the City Rill passed with- out amendment. (9). At this present Session of the Lcgi...ature the following Pill was intro- duced by Mr. Fowler, being the representative of the County of King's: "An Act to amend Chapter 28 of 30tli X'ictoria, entitled ' .\n Act to authorize the City Council of the City of Frcdericton to assess for Agricultural purposes.' " (Here folhm's text of the Act and amendments.} Your memorialists respectfully protest against the said last recited Pill jiass- ing and becoming law fi>r the following reasons, and on the following grounds, viz.: — (i). Xeither ])revious to nor at the time of the passing of the Act 30th Vic, Chap. 28 (1866), was the city legally, equitably or morally bound or committed to assist in liquidating the debt of the Exhibition Palace. (2). 'i'lic city consented to the Act of 1866 only on the conditions that it should be permissive, and the special provisions .set out in Sections 3, 4 and 5 lie embodied therein. (3). I'luler the said Act die Y'ork County Agricultural Society has all the legal and er|uitable rights accorded or given I)v law to any other corporation. (4). The Act defines tc/icn and only 7vheii, and to whom any debentures should issue, by whom and to whom any such moneys shoidd be paid; and, it being a private Act, its provisions should not be changed or varied without the conent of those whom any such change would affect. (5). The Bill just passed wipes out the whole of the Act of 1866, excepting the enacting clause and Sections 2 and 3, thereby absolutely destroying the pro- visions of the fifth section of the said Act, wh.ich was the most imiJortant provi- sion of that Act. (6). It wotild divert the moneys sought (if any) from the channel the Act of 1866 intended, and for the purpose for which that Act was passed. t'li.) \ li iiiiil \, IM {7). ll makes any iuuiic}.s payalilc lo oiic Julia li. Kcid, and n(jl lo ilic \'i)rl< County Agricultural Suciely, wliicli society now exists only in name. (8). It is adinitttil that Mr. Kcid never had or preferred any claim against the City of l'"rcdericton. (9). It was wholly contrary to the .spirit, intentions and provisions of the Act, i86(j, by and undei' tlu; special jirovisions (A which, and subject thereto, could the city only be asked tn is>ue d'lientnres, and under lln' pre>eiU Act the city could not jiay any muney as diiectefl and provitled Uiider the yVei ui iS(j6. (10), 'i'hat the passinj.,' (if the said .\ct is a breach of good faith of llie provi- sions of the Act, iSOfi, under which the t ity (.'mnicil had discretionary powers vested in them. (11). That the ])reauil)les of the Hill are misleading, ha\e a suppression of material facts, and do a great injustice to the cily. (12). 'J'hat it is cl.ass K'gislation of the \icions and dangerous cliaracter; it takes away the legal right of the city guarameed by the con.stitntio 1, and deprives it of a defence in a regular constituted court establisheil for such i)m-pose. and comi)els it by class legislation to defend itself before a statiUory tiiliunal, estab- lished to meei this case alone. (13). It forces the city to large t'XiJcnse. without cause. ^'our memorialists, therefore, i)ra\- that the said Hill be not assented to or Iiccdinc law. And your memorialists, as in dut\' b(nmd, will ever jiray. (!vc. Dated this twelfth day of ^farch, in the year of our Lord one thousand eight hundred and ninety-seven. By order of the City Council nf the City of Frederictnn. WESI.iA' \AX\V.\RT, Ma\o>'. CHA-S. W. BECKWTTII, Cil\ Clerk. His Honour the Liculcnant Coventor to the City Clerk of I'refJerieloii. GoviCKX.MKXT IIdlsi:, ]m^i;i)I-.iui Ton, .\'.r>.. i^tli .March, icSwJ. Siu, — I have the honour to acknowledge receipt of the niemori.al from t'.ie Mayor. Aldemien and Conuuonalty of the City of I'redericton, requesting the Lieutenant ( iovernor to consider a statement of facts in connecti\\ic-1<, passed in tiie sixty-first year of Her Majesty's reii,ni (1898), received by tlie Secretary of State for Canada on 2^\\\ May, i8t)8, and he is of opinion lliat tliese Statutes may be left to their ojieration without comment, with the exception of Chairter 55, intituled " An Act relating to the 'I'own of Chatham," as to which he observes that by Section i the Tcnvn Council is authi>rized to make such by-laws and regulations as they deem proper for the purposes, amoug other tilings, of regulating and licensing the ^ale of goods brought into the town or for sale l)y non resident.s; of regulating and licensing transient traders, or other persons, finn- or coq)oratious whose names have not been entered on the assessment boi>k of the town in rtspecl to income or i)crsonal property for the current year, and of regulating ajul licensing all jjersons not being residents of tlie town or parish of Chatham or County of Xorthumberland whose names arc not so entered in the assessment bonk and who shall carry on any trade within the town. These provisions are, in the opinion of the undersigned, capable of a con- struction which would confer upon the Town Council powers in excess of these whicli may be granted by a iVovincial Legislature. In so far as they may be construtd as directly affecting the regulation of trade and connnerce they are in- operative. The ])rovisions in (lueslion cannot, however, be construed as contined to matters in excess of Provincial authority, and, inasmuch as lawful regulations mav be made under them, and as the courts can conveniently afford relief in case of regulations which are nltra vires, the undersigned does not lecommend the disallowance of the Statute. The undersigned recommends that a cojjy of this report, if approved, be sent to the Lieutenant Governor of the Province, for the infonnation of his Goveni- RespectfuUy submitted. l)A\Tn MILLS, Minister of Justice. '.I MIIOIIIN, IMM) .".D MANITOBA. nQiii N'IC'I'ORI A — ia, in the fiftyninih year of 1 ler .Majesty's reign (18061. received l)y the Secretary of State for Canada on 30th .March, iSijd, and he is of opinion that they may l)e left to their operation without any observations. Tile undersigned recoinniends ihat if this report b^' ap]ini\Td, a coj)y of ihc sanu' lie sent to the Lieutenant (io\rrnor of the Province for tlie information of his Government, Respectfully submitted, O. MOWAT, Minister of Justice. ggaa m^ r>i) MAM'I'KI! \ l,Ki.|.«(|.A'lln> \)i ooiii \'ic roki \ isq7. 2M) SkSSION — MTII T.I.CISt.ATl'UK. Report of the Honourable the Minister of Jiistiee. unproved by lli.t lixeelleiny the Co-iVntor General in Cotmeil on the Sih day of Xoveiiiber, iiSp;. Dr:i'AKTMKNT OK ji'STrcK, Ottawa. -'lul X(ivfmh(.T, 1807. To Ills E.welleney the Covernor General in Conned : The luidcrsi^aiod lias liad uikIci- consideration tlie Statntes of tlic Province of Manitol)U, passed in tlic sixtieth vear of Her Majesty's reign (i«97i, received by the Secretary of State for Canada on tlic 5th of April. 1897, and he is of opin- io' that they liiav l)e left \' tlieir operation uitlmnt any obsiTvation- witli the exceptioi' of; • m •. 1 Chapter 2. "An Act respcctinjj Corporations incorporated out oi Aianitoha in respect of which the under^ifrned will make a separate report." Respectfully siibniitted, (J. MOW AT, Minister of Jnstiee. The Solieitor of the Canadian I'aeific Kaikvay to the Honour.:' \- the Seeretary of State re Chapter 2 of 1897. MoMUKAi.. lotli December, 1897. Sir,— I have the honour to iiif(MTn you that the Canadian Pacific Railway Company has instructed me to submit for tlie consideration of His Excellency the Governor General the following reasons for the disallowance ot an Act latelv passed In- the Legislature of Manitoi)a, assented to on the 30th March Jast, and entitled ■'An Act respecting corporations incorporated out of Manitoba. The said Act is substantiallv the same as an Act of the same Legislature and bearhig the same title which was disallowed liy Order in Council published m thL C(im/ visions of the Statutes of this I'roviiice, and nut liavii'j; ubtained a Uceusc uiid "i this Act, except those mentioned in subsection 2 of section 2 of tiiis Act, shall hv capable of taking', holdin^j or ac(iniriiiK' any rt.al estaio uithin Jiis l'rt>viiicc, or ol exerti>iii(,' tlu' power> nicminncd ii; Si'dion 1 1 nl this Act, 41) N'icturia, Chap. II, Sec. 4." This exception ijnts not apply to the ranadian I'.icilic Kailway Company. It is submitted that this clause is ultra vires inasnutch as it purports, amongst other thinj;s, to prevent a Railway Conii)any taking; any of the laud owned l)y Canada in Manitoba, althouj,di the I'arliameut of Canada has granted that land i" aid of the construction of a railway, over which construction the rarliatnent cl Canada has exclusive jurisdiction; and this in face of the enactment by the Cana diaii I'arliament in subsection (s) of section <>i of the Railway Act as amended under 5556 Victoria, Chapter 27, Section ;^, which subsectioi\ {^) is as follows:-- " (j.) Any Company which has obtained from the Crown !)>■ way of subsidy or otherwise in respect of tlic construction or oi)eration of its railway, a righf to any land or to an interest in land has, and from the time of obtaininp such riglit has had, as incident to tiie exercise of its corporate powers, authority ti. .uxpiire, sell or otherwise dispose of tlie same or any part or parts thereof; and such Com- pany may convey the same, or any part or parts tiiereof, to any other Com|)any which has entered into any undertakin,!,'^ for the construclion or operation, in wln'li or in part, of the railway in resjiect "f which such land or interest in land was given; and thereafter sucii other Comi)any sliall have, in respect of such land or interest in laud, tlie same authority as that of the Coiupany which has so conveyed it; and as to any lands jjiven to tlie Company by any corporation or other party, as aid towards, or as considerat'' n hi whole or in part for the co!\struction or oper- ation of the Company's ra'i'.-ay, ei .iicr generally or with resi)ect to the adoi)tion 01 any particular route or o' anv othei iccount, the autliority of the Company and o{ any other Company to .'li'.l'. it ni.' convey its rights in any of the said lands shall l>c the same as if s.;l ' nid'-^ 1; .d been obtained by the Company from die Crown as aforesaid." It is sul)initted that the irliamcnt of Canada having the undoul)ted jurisd'C- tion and the sole jurisdiction over the constrnctinn of such a railway as I have described, nmst also have the power 0': declaii,.;; that as one of the aids to sucli construction die Coiii|)aiiy shall have the right to receive and hold or dispose of such lands belonging to the Crown in the interest of Canada as the Parliament of Canada thinks tit to give. The objection to the legislation now under discussion is. however, not con- fined to its being iilira 7'ircs — indeed, the most serious objection would hold good if the legislation were admitted to be iiilra vires. If. for instance, it be assumed that the Legislature of a IVovin.-e has powtr to enact that although the Parliament of Canada has authorized a designaud (r< nipanv to construct a particular railway — of which no other Parliament could authorize liie construction— and although I'arHament has granted in aid of that construction certain lands belonging to Canada (situate within tlie Province), :nid has declared that the Companv may acquire :md sell or dis|)ose of those land-^, nevertheless that Company shall not be able to do so unless or until the Provin- ci.al Ciovcrnment has formally given its consent, and then only on such term>^ and conditions as it mav choose to impose; still tlure remains the important cptestion whether such an enactment is or i^^ not contrary to the i)oIicy of Canada a- a whole. Tt is submitted that the mere description of tlie enactment shows conclusively that it must be contrary to the iK>licy of Canada. 1 C2 MAMTOIIA ;.K(M,SI.Ari(iX. i I: 'H In Bank of Toronto vs. Lanibc, Lord liobhousc adopls an interprctalion of the Jiritisli Nortli America Act which 1 lieHeve has always been given to it by tlie Govennnent of Canada. He says it: " Provides for the federated provinces a carefully i)alanced constitution under which no one of the parts can pass laws for itself, except under the control of the whole actinj^ through the Governor General." In a letter to the lIonoural)le the Secretary of State, dated i6t!i Decemlier, 1890, I had t!ie honour of urging the propriety of disallowing an Act of die Legis- lature of Manitoba (53 Xictoria, Chapter 23) entitled "An Act to authorize Com- panies, Insiitutions or" Corporations, incorporated out of this Province to transact business therein," and I then stated at some length what were considered to lie good reasons for the disallowance of that Act. I do not desire to troitble you now with all that was submillcd on that occa- sion, but it may not be out of i)lace for me to say that tlic arguments tlien ad- vanced seem to me to ajiplv witli still greater force to the Act now under con- sidcratinn, inasnuioli as it repeats in a more positive way the olijeotinnable features of the former Act. T have the lionnur to be. Sir, Your oliedient servant, * GEO. M. CLARK. M^iiwramunn oj Sir Olircr Moi.^il. MinisU'r of Jitslicr. uf'on Chaf^tcr .\ Slaliilrs. 180J. ,''.t\U.i'a i)i'.i'AUiMi;\T 111- Irsriri:, ()rTA\\A, I5lh .Xovember, 1807. The undersigned has had under cunsideratinn Chaiiter 2 (. the Statutes oi' the I'rovnice of Manitoba, jjassed in tlie sixtiedi year of Her Majesty's reign (iSi)7), received by the Secretary of Slate for Canada on tlie 5th of April, iSoj, entitled "An Act resiieeiing Corporations incorporated out of Manitoba." This Ciiapter a])i)ears to be an exact re-enactment of a Statute of -Mani'.oba, 5S-5(^ \ icloria. Chapter 4, entitled "An Act respecting Corporations incorporated out of Manilol)a," which was disallowed, llie only difference lieing that the present Statute dues not cport of the if)th July, iSS". on a (Juebec Acl. It may be competent for a Provincial l.e.i^islaturc to re(piirc that a licence shall be obtained by such a company before it shall do business in the Province. As lo that, it is not necessarv al present to express any decided opinion eith.T way; bin there can be no doubt that where a compan\- is incorporated b\- ihe Dominion in the execution of any (jiie or more of its special and exclusive powers of legislation enumer;tted in Section (ji, a Provincial Legislature has no authoritv to impose any such condition, and the Act should be amentled so as lo ;ipi)lv, so far as Dominion corporations ;ue concerned, to >ucli companies onlv as have bcci incorporated for provincial objects within the authority of a Provincial Legisla- ture so far as relates to the Province. Provincial legislation has to be considered with ret'erence not nterelv to its ccnstitutionality l)Ut as affecting the iiUercsts c-. the Dominion generallv, and there are some other important matters of polici to be consideu'd as affecting the interests of the Dominion which I should not like to advise upon defmitelv without having the benefit of some prior consideration thereof in Council. These matters are discussed in a very able re])ort of Sir John Thom])son, dated 2ist March, i8(|i, on another Manitoba .Act of which he recomniended the disallow- ance, and which was disallowed accordingly tScc " Corresiiondence respecting Dominion and Provincial Legislation, 1867-1S05," ]). 041 (7 scij.) If the \iews of the preceding riovcrnment on these matters ;ue substantialb' ai)iiroviil of. the Manitoba .Act should be further amended by excepting from its ciH'r.'ition the l;inils which the I )oniinion owns in Manitob.-i or lias mortgages ov seciu'ilv upon: ;md also lands which the Dominion has con\e\cd to r.iilwav com- panies and other com]);mies. and by exempting tb.ese companies ;md the Ifudson's Piav Compatn froin the oper.ition of the Act. at p. ()4i of the ■• Corres|)ondence res|)ecting tion. iSr)7-i8()5." rile report I'eferrrd t > is printcil Dominion and lVo\ inci.il Legiska- (\ Mr)\\'.AT, MiiiisliT of Jiislicc. J\fciiii the right tn regulate cur.ld be rendered impossil)le bv tlie Prii\iiu-es. If the right of trading between individuals of different i'mvinces be a matter of interprovincial concern, so also must be the right of trading by a company in- c< rjioraled l;y Parliament for tlie inirpose of trading in different Provinces. It is incorporated for the purpose of a trade which is not local or Pro\incial — a trade which concerns at least two {""roNinccs; in other words, a trade which the Do- minion has exclusive authority to regulate: and hence, though such a company is subject to all the general laws relating to pro])erty and civil rights and private and local matter of the respective Provinces where it does business, it cannot be bound by Provincial^ legislation directed against it as an extra Provincial Company in respect of its trade which concerns the whole Dominion or several Provinces. It is, I think, safe to say that inter]m)vincial traile c>r trade which concerns the whole Dominion cannot be prohibited or restricted by a Province. There may, however, he something left as to which in respect of a Dominion Company this Statute might constitutionally operate, I suppose that a Dominion Company might carry on business witliin a Province in such a way and for such purposes that the prohibition of such trade would be authorized as property and civil rights or private or local matters within the Province. If the Province of ?\lanitoba wish to legislate so as to prohibit or restrict business of that kind by Dominion Companies it will, of course, be the duty of the Afinister of Justice to consider the Statute by wl.'.ch effect is sought to be given to such a proposal, meantime it would seem, however, that the present Act should be disallowed unless indeed the Provincial Govermnent undertake to make satisfactory ainendments within the time limited for disallowance. E. L. XF.WCnMP.E. « .' I Report of the llonoiirahle the Minister of Justiee, approved by His P.xeeV.eney the Coveriwr General in Coiineil. on the r^tli Mareli. iSoS. Dkpaktmext of Justtci:. Ott\w\, 8ih March, 1808. To His F.xecllcney the Governor General in Conneil : The undersigned has had under consideration Chapter Two (2) ni the Sta- tutes of Manitoba, passed in the 60th year of Her Majesty's reign, and received by the Secretarv' of State for Canada on the 5th of A])ril. 1807, intituled " An Act respecting Corporations incorporated out of Manitoba." This Chapter ajipears to be a rc-cnactment of the Statutes of Manitoba, .■;'^ 50 ^'■i^toria. Chapter 4, intituled "An Act respecting corporations incorporated 4'i Oli MANIIOHA I.KiilSl.AllON. !.♦ !1 Hi Mi out of Manitoba;' which was disaHowcd, the only ditteiencc being thai ihe prcsuit Statute does not contain any provision corresponding with Section 13 ot the former Act, but contains all the provisions which occasioned the di.alUwance 01 the previous^^ ct.^^ ^ _ ^^^^ Minister of Justice at that lime, which report was ap- proved on the 25th of Alarch, 1896, the Manitoba Statute 58-59 \ ict., Chapter 4, ?vas tated to be .lira rurs, and one of the grounds put f<,rward wa. that .was beyond the authority of a Provincial Legislature to prohibit the exercise ot power conferred bv die Parliament of Canada upon a corporation withui the stope ot subjects eiunneiated in Section 91 "f the l.iritish Xorth America Act. The Act provides that no Company, Institution or Corporation not mcoi- porated under die provisions of the Statutes of Manitoba, and not having ob- lainel a license umler the Act, excei-t certain corporations n.corpoi-ate- vie. on compliance with the provisions of the Act. and he - -; -"^^^ V - strict the license in anv manner tliat may seem desirable. Ihese Provisions would applv to eom,.anies incorporated by Parliament under its genera! author- ky"ll also to ever' bank, raU way company and other corporation inc«rp<.rated under its snecial and exclusive authority. t has been held that the Parliament of Canada has power to incorporate a companvfor the whole Dominion, though the objects of the company are pn> vh^^^ al while a Provincial Legislature has no such power. The cases where this ruk ari-H- are mentioned in a Pveport of Sir John Thompson ol the 16th of July, iQS-' in tti,' ronsideration of a Quebec Act. ^Vlc the oS of a condonation are provincial, but it desires corporate existe 'ce ex eidir^g over the Dominion of Canada, u may be doubted whether th P Id amc... of Canada can do more than create a company w.tn the capacty o exercise such powers; and the undersigned is of opinion that any powers which may be conferred bv Parliament in such cases can be exercised only so far as the exercse o them is' consistent with the general laws of the Provinces; otherwise the Provi cial Legislature would have no greater authority to pro iibit die exer- cise of d'ose powers than it has to prohibit those falling within the enumerate.l snbiects of Section 91 of the British North America Act. ^Therc can be no doubt that as to companies incorporated under the enumor- it.d powers of the Parliament of Canada, such as banks and railway companies, th St° iite of the Legislature of Manitoba is ultra vires, but 0,1 account o the reasons favorc.f t^ie more limited construction, when the Parliament of the Dnmi^iion undertakes to incorporate a company for two or more Provinces for SSs U a v^S o herwise lie provincial, die Oown might well leave such a Statute to its operation and the parties interested to the remedies which the Courts '^'''tsuming Uien for die purpose of considering this Statute tli.o.t t!ic incor- poration of companies bv the Parliament o C tnada with provincial objects j Siin the legiskitive anthoritv of the Dominion and that it must be exercised (10 vi( roiiiA, 189; (J7 subjcci lo provincial legislation within the scope of provincial authority, yet such legislation may be of a character to hamper the Parliament of Canada in respect to niatler.-, lying within its exclusive jurisdiction, and if allowed to go into oper- ation miglu defeat the settled policy of the Federal Government and Parliament. It may be competent for a Provincial Legislature when the franchises sought by a Dominion corporation are of a provincial character to reijuire that a license shall be obtained by such company before it is permitted to do business in the Province. L'pon that question it is not at present necessary to express an opin- ion, but there can be no duubt, where a company is incorporated by the Domi- nion in the execution of one or more of its special and exclusive powers of legis- lation, enumerated in Section 91, that tlie Provincial Degislature has no authority to impose any such condiii(jn, and this .statute should be so amended as to release companies incoqjorated by the I'arliament of Canada (ir under its authority from such restraints. Provincial legislation is to be considered also with reference to the question of public policy as well as the question of itlira zuirs, and the provisions of this Act as the\ n(nv stand might very seri(jusly interfere with the jiroprictar}- inter- ests of the Dominion within the Province of Manitoba. In the opinion of the Minister this Act before it can be permitted to remam upon the Statute-book must not, in its o])eration, extend to lands which the Crown in the right of the Parliament of Canada owns in the Province of Manitoba, or upon_ which it has mortgages or security, nor nuist it extend to lands which 'the Dominion has to convey to railway comi)anies and other compames, in so far as such a Statute may be incom])atil>le with any contracts into which the Govern- ment of Canada has entered with these companies. It may be open to controversy whether in respect to such lands the Govern- ment of Canada ought to have entered into contracts which may have encroached u])on the authority of the Government and Legislature of a Province in the pur- suit of any line of public policy arising from the exercise of their local jurisdiction and which they may believe to be for the advantage of the Province, but the Gov- ernment of Canada having entered into such contracts, largely in the interests of the Province, and the ParliLnient of Canada having sanctioned them, it may well be that it has become the duty of the Govermncnt imdc- the circumstances to see that the public taitli is kept. There is the further c|uestion which has been suggested as to whether legis- lation can be upheld by which a Province proposes to take power to prohibit the right of trading within the Province of a comiiany incorporated by the exclusive authority of i'arliament to trade thnnigliout the ! )ominion, or in two or more of the Provinces. This question, the undersigned considers, may be more properly left to the judgment of the Courts than be invoked a>; a reason for disallowance. The Minister submits that the present Act should lie disallowed unless the Government of Manitoba undertakes to make satisfactoi-v amendments within the time allowed for such disallowance, and he recommeufls that a copy of this report, if approved, be transmitted to the Lieutenant Governor of Manitoba for his in- formation, and in order to accrtain whether such amendments will be made within the time limited for disallowance. Respectfully submitted, DAVID MILLS, Minister of Justice. S'A G8 .MANiroiiA i.Kc.isi.Aricy. ■A Report of the Honourable the Minister of Justiee, approved by His Excellency the Governor General in Council, on the -Vtd day of Apnl, /cSpcV. Department of Justice, Ottawa, ist April, 1898. To His Excellency the Governor General in CouncU : ReferriP" to the Order of Your Excellencv in Council of 14th March, 1898, with respect "to Chapter 2 of tl^e Statutes ofl .Manitoba 1807. intituled "An Act respecting Corporations incorporated out of Manitoba, the undersi,i,nied has he honour :^ . report that the Order in Council having been conununicated to the Governn. ■.. of the Province of Manitoba, he has received a conununicatuMi from the Att( ...ev General of the Province, copy of which is herewith submitted. In view of what is stated bv the Attor;,ey General and of the fact that the time for disallovvanco will expire 'within a few days, the un.lersiRucd, for th<; reasons men- tioned in the Order in Council of 14th ultimo, recommends tbit ibc said _';:KUte be disallowed. Respectfullv submitted, DAVID MILf S. Minis'cr of Ju^lirc. 1 , : ' Hi- The Honourable the Attorney Genera! of Mar.itoW. to the Honourable the Ministc- of Justice. ^V;NNl,l'EG, aSth March, 1898. My Dr\K Mr. Mii ls,— With reference to our Foi-;'i.:Tn Corpnraujr.s Act, the lime fo . .;sideration being so very short now it :,eem.s to nu- that the beit course to be u-.r nf.j. if > ou are ^till bent upon disallowmg tne ^vct, is to disallow it and at once. WtiMin' such -.y imited time it would be quite impossible for us to negotiate as t > the amendments which you might think satisfactory. Imme- diaSf up-n its :l,.;ak>wancc we will amend the Revised Statute by extractmg from it the •■trinii--it forfeiture clause, which is one of the j^rmcipal objections. T think th'ereforc, that the best course would be for you to proclaim at once the disallowance of tne Act and advise me to that effect so that T can at once proceed to amend the old Act. Yours truly, J. D. CAMERON. U At the Government House at Ottawa. Saturday, 2nd day of April, 1898. present : His Excellency the Governor General in Council. Whereas the Lieutenant Governor of the Province of Manitoba with the T ---I .;yc \-5emMy of thnt Province, did on the 30th March. 1897, pass an Act wffch has been transmitted, Chaptered 2, and intituled " An Act respecting Cor- porations incorporated out of Manitoba." ,1''-^: (50 VK roHiA. 1897. 69 And whereas, the said Aet lias been laid Ix'iMie IIi.> Excellency the GovenuM* General in Council, together willi a report from the .Minister of Justice, rec'mi- niendin"^- that the said Act should lie disallowetl. His Excellency the (lovcrnor General has thereupon tliis day been pleased, by and with the advice of the Queen's I'rivy Council for Canada, to declare his disallowance of tlie said Act, and the same is liereby disaiiuwed ai-curdinj^ly. Whereof tlic Lieutenant G-ovennjr of tlie Prdvineo nf Manitoba, ;ind all other persons whom it may concern, are to take notice and i^uvern themsdve- accord- ingly. JOIIX J. MiGl'E, CIrrk of llic /'nV'v Cuiiivil. I, Sir Inhn Cami)l)ell liaiitiltnn Gordon. Ear! of Aberdeen, Governor (jeneral of Canada," do liereijy certifv that tiie Act passed iiy the l.es^i>lature of tlie l'r(> vince of Manitoba on tlie .^oili day of March, iHcjj. Chai)tered 2, and intituled ''An Act respecting: Corporations incorjioraied out of .\i;milob,i " was received by me on the 5th day of Aiiri!. \i^nj. Given under my liand ami >eal tln< 2n(l ilay of April, iSwS. AHl-.KDJ-.l'.X. Rcpmi of the Hoiiouroblc Ihc Miinslor of Jitslioo. iifj^mrcil hy His llxccHcncy the Goirnior iicurrnl in l'ohiu-H, on tho V\i May, iSgS. Dkpai-'T.mkxt oi- Ji-STU i:. ()tt.\w.\, 3rd May, iS()8, To His E.vcrllciicy the Goirrnoi- (inicrtil in Coniicil : Tlie undersigned has had under consideration co])y of a desiiatcli from His Honour the Lieutenant Governor of Manitolia, addressed to tlie Honourable the Secretary of State for Canada, inclosing cop.v of an ( )rder of the Executive Coun- cil of the Province, passed on 2Qth March last, witii reference to the disallowance of Chapter 2 of 60th \'ictoria of the Statutes of Manitoba, intituled "An Act respecting CorporatioiiN incorporated out of Manitoba." 'I'he Act having been disallowed, the undersigned docs not consider it necessary at jjresent to make any obsei-vations uiion the statements contained in the report api)roved by the said Order in Coiincil, and he reconiniends that no further action be taken in the matter. RcsjiectfuUy submitted, DANID MILLS, AHnislcr of Justice. Ceutikikd Ri:port of tlie Honourable the .\ttorney General of Manitoba to the Lieutenant Governor in Council, api roved on 29th March, i8<)8, and trans- mitted to the Secretary of State for C.uiada by letter of tiie Lieutenant Gov- ernor dated 2nd April, iSg8. The undersigned has had under consideration coiy of a Report from the Honourable the Minister oi Justice to His i:xcelleney the Governor General in rg,,.,^:] rlated Sth l^.Iarch. 1808. upon the siiliject of disallowance of Ciiapter 2 o( the Statutes of Manitoba, jiassed in the sixtieth year of Her Majesty's reign, entitled " An Act respecting Corporations incori>oratcd out of Manitoba." 70 M AM roilA I.Ki::sI,.\l KIN. i:t i ii 111 I; t ! n With respect to the matters dealt witluii tlie said rcpurt, tlie undersigned beys tn suljniit the followinf^-; — ■J'he Sialule in questiiMi was passed at the hist session of tlie i'rtjvicnial Legis- h-itnre lor the purpose of consoHdatin.i;- tiie law relatinj,^ to Fnreij^ni Corporation-, and of eliniinatiiif;- fnnn it certain features that were eoii^idered dhjeetionable. It will Ik- observed that the stringent forfeiture clause, Section 14, Chapter 24, R.^. AI., was wholly struck out in the consolidation. Sir John Thotnpson, in Ins re- port, dated 21st March, 1891, strongly criticised this section which was also four. 1 in the Act then under consideration, and made it one of the iirincipal grounds ui)on which he reconnnended its disallowance. The Bill was considered carefuUy in Committee where the Companies interested were fully represented by agents and counsel, who were satisfied with the law as amended. The result of disallow- ance of the Act is simply to restore the Revised Statute with its features as to forfeiture which have been considered so objectionable. The disallowance of the Act cannot effect anv improvement in the law, but absolutely the reverse. The Alinister states:— " There can be no doubt that as to companies incor- porated under the enumerated powers of the Parliament of Canada such as banks and railway companies, this Statute of the Legislature of Manitoba is iillra zir, ^•, but on account of the reasons in favour of the more limited construction, when the Tarliamcnt of the Dominion undertakes to incorporate a companv for two > v more Provinces for objects that would otherwise be provincial, the Crown migiit well leave such a Statute to its operation, and the jiarties interested to the reno- dies which the Courts afford." And further: "There can be no doubt where a company is incori)orated by the 1 )ominion in the execution of one or more of its special and exclusive jiowers of legislation enumerated in Section ()i, that the Provincial Legislature has no authority to impose any such condition, and tha:: the Statute should be so amen.ded as to release comiianies incorporated by die Parliament of Canada, or under its authority, from such restraint." With this statement, the undersigned takes direct issue upon the grounds, amongst (ithers, set forth in the Report of the Attt)rney General of Manitoba, dated 7th February, 180O, in reply to a Report of the Minister of Justice, dated 24111 October, 1895, when a simih'ir Statute was under consideration. The undersigned submits that the Act in question is clearly within the powers of the Legislature to enact, and that any Coqioration. Dominion, Imperial or Foreign, that carries on business in this Province is subject to the laws of the Province, in resj)ect to licensing, taxation, and otherwise, to the same extent as a natural person. Creating a corporation cannot be said to be making a law, nor can greater and higher privileges in this rcsi)ect be given by the Dominion Parliament to a corporation than to a natural person. The Judicial Committee of the Privy Council in the case of Citizen Lisurance Company z>s. Parsons, Appeal Cases, pages 165, 166, said:— "What the Act of Incorporation has done is to create a legal and artificial ]jerson, with capacity to carry on certain kinds of business, which are defined, within a defined area, namely, throughout the Do- minion. Among other things, it has given to the association power to deal in land and buildings, but the capacitv so given only enables it to a-.tiuire and hold land in any Province consisiently with the laws of that Province relating to the acquisition and tenure of land. If the company can so acquire and hold it, the Act of Incorporation gives it capacity to do so." Since this case the current of the decisions has been changed. On the c m- tran*', the dicta in the Parsons case have been strengthened by the ver>' clear ■ the Privy Council in the Colonial Building and Investment Asso- 'he Attornev General of Quebec, 9 Appeal Cases, page 157; The rnient I! i h'l ui riii:l.\, •I Uaiik ■>! Toruiilo vs. LaiiiU-, 12 Appeal Cases, page 575; ami Ihi; Brewers ami •Malsicrs' Associatiuii I's. i'hc Attunicy Uciicral ui OuUuic, Appeal Cases, H"^.;/, page 231. Mr. Lefroy deals with tlie subject very exhaustively and lucidly in ins recent work on 'llie Law uf Legislative Power in Canada, pages O17, i7 siq. it is held thai these authorities establish beyond any reasnualile doubt that the en- actment now in ([uestion is perieclly valid and constiuuimial. 'Ihe Minister of Justice objects to the Act not only as bcin;^' uncoiistilutioua!, but also as being contrary to public policy, lie stales in lii> report:— " I'ro un- cial legislation is to l;e considered also with reference lo the (piesiioii of puiiiic policy, as well as to the ciueslion of nlira vires, and the provisions of lliis Aci as they now stand might very seriously inlerfere with liie proprietary interests 01 tlie Dominion within the I'rovincc of .Manitoba. In the opinion of the Mini-ler, thi.s Act, before it can be permitted to remain on the Staiutebook, must not in its nper- atiou extend to lands which the Crown in the right of the i'aiiiament 01 Canada owns in the I'rovince of Manitoba, or upi»n which it has mortgages ominioii has "mortgages or security," lieca.i-c at the iiresent time iheiv .'uv no such lamls to wliich the Act by any ])(>ssibil;iy could apply, nor could it extend to lands that the Dominion has to convey Im rail- way companies. It is further submitted that the Act is in no wise incom])ati'/!e with any contract into which the iJiiminion has entered. If it is, the incomjia- tibility has never yet been )) within the nni|tie.-liuiied powers of the I.egislature, and that il is in no way contrary to ])u!ilic i)olicy. That to disallow ujjon the former ground is lor the Dominion Covernment to usurp the functions of the Courts, and an unwarranted interference with the constitu- tional rights of the T.ogislatnre of the Province. Respectfully submiUed. J. D. CAMl'.K' 'V Altnnu X iicitcr 'L Coi'Ncii. Cii.vMMi'.N, 3nh March. \fX. m 1 1 '* pi ^e.r ,,« ■■i 1 1 ' 'a i ^t\ nv i! I I Ini ^ ' 1 ( ' ; i 1 ^ 1 1 j i I.: M \M lullA I.i;il>l. M liiS, isi X'KloklA iSgS. ,^un SiossioN—yTii Lkcisi-atukic. 1)|-.1'AIM.\II,\T (IK ll STU K, ( >T1AUA. lolh » ICImIkT, I.^.;>. T,) Ills /•..i\<7/t7/,T //(I- t/urr/J/cr i.iiiu-i\il in Council : Ihc uiulLTsigiR'il lia- till' liuiiour m report that lu lia.> had iuhIct cwiimiKi alii.n ilie Staiutcs ut llu ' ■ "i llic i'ruvinco ui Mauitulja, passfd in Vlie sixty insi yuar ut llcr ' j. .- i - ^,. (.i8y8;. received by tiic secretary oi Slate f..r Canada on jtii .^ ' ■ , i8y8. and ue is of opinion that tlicse .Statutes may Ije lett to their operation wiiliiiil eomnicnt, with the exception of: Chapter 31. ■ \\\ Act to amend the Manitoha Act." Ubjeclions have been urged to Section 40 of tliis Statu!.' l)y tlie Winniiieg Water \\ orks Company and tlie Imndholders of tlial Company. The utidersii^ncd iia> tlie honour U< submit lierewitii copies of the petitions of the Company and the l)ondhol(lers, wlii.l. ' ■ been referred to tiie uiukr- sigued. Copies' of tliese petition.- ha\. uecn sunniiUcd !•. the .Vltorney deneral of tiie Province of Manitoba for his remarlmil the reiilv of the Attorney >' leneral, dated 2<^th September, 1898, also co;.' oi a letter which' the under.Mgned' has received from .\Ussrs. llongli and Canii)b'eil .Solicitors of the City of Winnipeg, dated J.^rd SeiUemlaT, i8«)S, in closing newspaper clippings of a report adopted by tlu Winnipeg City Council. U api'cars from the petition- and correspondence submitted that the Winni- peg \\ .Iter Works t'ompany and lis bondiiolders claim that their rights and seen- ritie :u-e prejudiced b\ the section in (|ueslion wliich authorizes the City of Win- nijieg to lay d.)wn a system of Water W orks and to purcha.-e the system of the Winnipig Water Works Coini)aiiy, 'Hie uiider.-i-ned considers that these provisions confer authority ni.on the Citv which did not pivvionslv exist, and that so far as thc> autlionze the City to commence the .onstruction of a new sysuni of water works before 2,vd Decem- ber, ierio 1 of twcntv -cars tcrminaiing on the date above n'lentioiied. \ i;uments on both sides as i . the original understanding between the City and the Conipan,, and as to the intention of the Legislature seem to have l)ecn urged before tli. \sscmbly with reference to the legislation now in question. The matter is un(|uestional)ly one within the exclusive legislative authority 01 the rroviiue. and 'lie undersigned does not con- sider that a case has been made out whic' would justify Your l^xccllency in dis- allowing a Statute pawl in tb- exercise .f such amhority. In the judgment of their Lordships of the lulicial Conunitt. v in the ca e of the Attorney General .,; Canada fs. the Attorncvs General of Ontario, Quebec and Nova Scotia, S.A Appeal Cases 71^. their Lordshii)s referring to exclusive imivincial authority observe: "The '^•iggesti li t:;at the power might be ah '-ed so as to amount to a practical confiscatir>n of propertv does noi warrant the imposition by the Couti.s of anv limit upon the absolute power of legislation conferred. Tiic MU rcni- Icgis- lat nu ap tlu foi ati be hii til \ii:: if ii is, the "nl nicily i:^ an appeal 1(1 those by whom the Lej^ishitiuv is elccii'l. " It wonld seem, therefore, that tiie objeiMion.N nr;,fetl b\ lin |.iliiiMner> are for the consideration of the I'nn-incial l.i'),Mshitnre, whicii ha< ]i'iwir lo i,M;ini a remedy for any f^riev.nice 'vhicii nia\ be establislied. 'I'iie undersi{j;ned, tiierefov '■■■cni'inienils that ihc Slatiilc lir Iffi i.i its uper- atiun. 'i'lie nncUrsif^ni'd fnrtiier i nniend> that ;i copy nf tlii> report, if approved, be transmitted to the Lietitenam « invernor of tlir Province for tlie information iif his Govermnent, Respect fnily '•nljinitted, DAVID MIL! -, Minister oj Jiisti, . <■ iiitirisii I Ml. I Mhi \ 1,1 .,i-i.\ iiiiN. Hijri^isii cor.iiMHiA. SQUI \ l( TOkl A -i,Sg6. ^J h. HI m\ '■n ♦ f 2NL) SESSION- -7TII Li'.ClSI.ATUKE. Report of the Honourable ilu Muiislrr of J: slice, approved by llts l:Milieiie\ ike Governor General in Conneil on the .'~lh day of Noz'cvihcr, iS()6. DlCrAKT.MI'.NT (iK Jl'STICK, OTTAWA, 2ntll Oclobcr, 1898. To His Excellency the Governor General in Council : The undersigned lias the honour to report that lie has oxamiiit'd the Acts passed by tlic Legishiturc of the Province of Britisli Coluniliia in the fifty-ninth year of Her Majesty's reign (1890), received by the Secretary of Suite for Canai.la on the 8tli July, 1896, and he is of opinion that tliey may be left to their operation without any observations, with the exception of Giapters 10, 21, 37, 50 and 55, which are the subjects of a se,iarate report. The undersigned reconnnends that, if this report be approved, a copy of the same be sent to the T.ieutonar.t Governor of the Province for the information of his Government. Respectfully submitted. O. MOWAT. Minister of Justice. Report of the Honourable the Minister of Justice, approved by His I:.vcelleiu-y the Governor General in Council, on the ^oth day of November, i8g6. Dei'ARTMi^nt of Justice, Ottawa, 27111 November, 1896. To His Excellency the Governor General in Council: The undersigned has the honour to report upon the following Ads of the Province of British Columbia, passed in the fifty-ninth year of Her Majesty's reign (iSyO), assented to on the 17th April last, and received by die Seci clary of State for Canada on the 8th July last. Chapter 10. " An Act respecting Co-operative .\ssociations." \ M hilM \, I Midi Section 17 provides, aiiioiit; uUicr tilings, tlial if aii> pciM>n uljtain> p' ssc-i- sion b> laUi: reprcbenialioii ur iinpuailiuu oi any prul-ert), moneys, sccnrilies, bcuilts, paiicr>, or otiitr effects of an Association, he sliall Ije liable on conviction to u ptnaliy not t Nceediii^ one luiiidred dollars and co>ts, mid in default oi pay- iiiem to iinprisonnieiit. llus le.nislatioii appear-* to affect the snbject of Criminal law and the offence stated ha.-, been declared criminal by the Criminal Code, lHi)2, and puni>hmu.it has been thereby prescribed f(jr such an offence. I'lie objection, however, is not of sufficient importance to call for the exerei.-^e of the power of di.-allowinK' *di>: Act which coiUaiiis it, but the uiuk'r»i},nied recommends that the provi-ioii be considered by the Provincial Legislature with a view to its repeal. Chapter 21. •An i\ct to preserve the Forests from Destruction In I ne," Section 6 provides that all locomotive tnj>iues used on any railway wiiich passes through any tire district shall be provided with the most approved and efficient means to prevent the escape of fire from the funiace> of such engine-, and that the smoke-stack of each engine shall be pn)vided with a bonnet or scre n of a certain desc-iption. Section ; provides that it shall he the ihity of every eiigiiK-diiver in chaige of such locomotive engines passing over a railway williiii the limii? ol an\- lire district to see that such apiiliances are itroperly used and api>lied; and Section 8 enacts a penalty for neglect or refusal to compl> with the provisions above iik;i- tioned. The undersigned observes lli.it, while these r((|iiiiements are inidoui)tcdIy ai)plical)le to railway.-- within the legislative authority of the I'nnince, it is doubt- ful, or more than doubtful, whether they can hn-.e effect as t'> railways to whic'i the Railway Act of Canada aiiplics. Chapter 37. "The .\liiiiici|);il Clauses .\ct." In recommending that this Act be left to its operatiMn the nn.lirsigned would observe that some of the jHJwers to make by laws whic!) the .\it purports to con- fer upon I\lunicii)al Councils are exiircssed in terms so general as to include authoritv which a Provincial Legislature coiild not confer. l"or instance, power is given ti> make bylaws with respect to the followini;- iiiaitcrs, among others: r (21.) Tiie I'rcvention of Cruelty to Animals; (60.) For regulating, with a view of iireveiiliii- the sjjread of infeeti(jus or contagious diseases, the entrv or dep;irture of boats or vessels, and the laiuling of passengers and cargoes, from such boats or vessels, or from railway carriagi's or cars, and die receiving of passengers or cargoes on bo^rd of die same: (7^.) Var pi-eventing the posting of indecent placard>. writings or pictures or the writings of indecent v.ords. or the making of indecent picttires or drawings on walls, fences, trees, or rocks, in streets of public tilaces; (76.) For preventing vice, drunkenness, swearing, obscene, blasphemnns or grosslv insulting language and other immorality and indecency. It is doubtless open to the municipality in the execution of the powers grant- ed by these clauses to make bv-laws which would not be ultra r'iirs, and the under- signed doe? not consider it necessary to do more than point nut that the authority cannot legallv be so acted upon as to affect sulijects which belong to '^' - ■ legislation under Section 01 of "The British Xorth America Act." Chapter 50. "An .^ct to incoriiorato the .Mbcnii Water. Flectric phone Company. Limited." Section 8 authorizes the Companv to appropriate and use the Stamp and Sproat Rivers. ~)oniin!on and Te'e- waters oi m r ^IM 76 iinni.-'ii I ui.i Mill \ i,i;(.i.si,\iiii\. I 'lia|iur 55. "All Ad lo aiiK'iul an Ail U) iiicoiporati.' llu' Const ilidatud Kail way anil J.i,L;lil Cninp.niy, ami In idiisolidali' ifitaiii Ails ivlatiiiK llicirto, and lo cliaiigL- llic iiainc tluridl lo the (. unsolidak'd Kailway Cuniiiany." Si'i'tiiin 4J iinpuwori llu' (tinipany lo take and divnl llii' watrr nf Si'xnmnr Cicck and ( apilaiu' RiviT. lie uiidiT>ii;ncd in \u> a'purl ni rvcn dale liercwilh npon .Seetion ^ (j[ Cliai)UT 7.^, and Secljdii o of (iiapler 74 ol" tlie Statutes of the rmvinee uf (Jiie- hio, i8<)5, stales as follows: — "it has iiecn pointed out on several oeeasioiis- hy pieeedinj;- Minislcis of fnsiirc in their lepoils tipon tlie lef^isiation of the various I'l-ovinees, that pio- visiiin- similar tn the almve are oliji'etionaiiie, in so far as tiiey relate to rivers whieh ai-e claimed nn behalf of the l)aiiosc pciMiiis on wmks cairii'ii on tiiuliT I'lainliiM'^ ^lanliij liy Private Art.s. My reasons for dniii}.;; so arc lliat its provisions appear In nic to \\v fserp tioiial, ami I am in diMihl wlictlHr tluv ruiiu' witliin llic nnnpi'tcni-c of liic I.im.iI Lcpislaturo. Clauses 4 and 5 nf ilic I'.iJl apjiear to alTcet the staniliiiL;- of .Miens in ilie Province after heeomini.; I'.ritisli siil-jeels, and sjiunld I \>r rnireet in ni\ iihuIm sinus, lej^nslation of lliis eliararter, slmnld it liecmne l,i\v, niiidil serinnviv int''i fen; with niir fnternatioiial iclatinns ,iiid hedi i.il inleiesN. I h:nr llle llnii'iin- In hr, .'^ir, ^■| ,\\v I .111 dirnl ^i'l'\:inl . i;. DI'.WD.MCN', l.iciihiiiiiil (.I'l'-miior. Tin' (.oiisul (iiiiiiiil 1 01 htpoii h< Ihs r.vn-lliiiiy llic iiorriiior (niwrnl. C'oNSi'i.ATi 111' |,\i'.\.\, \'.\M oo\ i:n, i^i'., i>i Jiinc, 1S07. SiK, \()UK l''..\ei:i.i.i..\i V, 111 refereiiee In my lele^raphie ilesi)aUli m tiie 171I1 and also to my dcspaleli under date nl the lolli nit., 1 have the li nr nl in- formini; Yonr Ivxcellency that I have lieen inslnieted l>y 11. I. JapaiicM- .Majesty's Clovennnent to prote,-.t a^;ainsl \in\r I'Acelleney K'vinK assent In the p.irtienhir clauses coniaiiiiu^;^ th'.- word "Japanese" in the so called ( )riental l.ahonr I'.ill, submitted hy the iaculenan! ( iovenmr Dewdnev to Wmv i'".scellency's decisinn, the j^round that the said Hill, so far a^ it cnncerns the Japanese, is the 111. )st unjust and unfriendlv mc.iMire ever t;ilanese persons on works carried on under Iranchises granted by private Acts," and also the report of His Honour the Lieutenant Governor uf the Pro- vince to the Honourable the Secretary of Slate, in which His Honour re|)orts tliat he has thought it advisable to reserve the Bill for the pleasure of Your Excellencv ill Council, Ijecause its provisions appear to His Honour to be exceptional, and he is in doubt whether they come within the competence of the Local Legislature. His Honour further states that Sections 4 and 5 of the Bill appear to affect the standing of aliens in the Province after becoming British subjects: and that, should he be correct in his conclusions, legislation of this character, should it be- cnmo law, might seriously interfere with international relations and I'ederal in- terests. There has also been referred to the undersigned in connection with the Bill. a copy of a communication addressed to Your Excellency by His Imijcrial Japan- ese Majesty's Consul General for Canada, in which the Consul General states tliat he has been instructed by iiis Government to protest against Your Lxcellenov giving assent to the clauses of this Bill containing the word "Japanese" up':n die ground that the l^ill, so far as it concerns the Japanese, is the most unjn ;l aufl unfriendly measure ever taken against a nation friendly to Great Britain and her dependencies. The Consul General also refers to the Treaty between Great Britain and Japan and some matters connected with the pa-^sage of the Bill through the House of Assembly. The first clause of the Bill provides that it may be cited as the "Alien Labour Act, T897." The j^ill proceeds to provide in effect that in case of any Act passed thereafter granting to any person, or body corporate the right of constructing certain works therein mentioned, or the right to carry on any trade, business. occupation or calling, or granting to any person, or body corjiorate anv property, rights or privileges whatsoever, no Chinese or Japanese person shall be employed in connection with or in relation to any of the works, rights, trade, business, occupation or property so authorized, and in the event of such emphnmcnt that the person by whom such Chinese or Jai-.anesc shall be emplov^d, sh.nll be liable to a penalty. The word " Chinese " is defined to mean any native of the Chinese Empire or its dependencies, not born of British parents, and to include any per- son of the Chinese race; and similarly the term "Japanese" is defined to mean any native of the Japanese Empire or its dependencies not born of British parents, and to include any person of the Ta]iariesc rare. The undersigned observes that by Section 4 of "The Coal Mines Regulation Amendment Act, t8(X)," of B.ritish Columbia, it was enacted in effect that no Chinamen sliould be employed in or allowed to be for the ptirpose of employment in any mine to which the amended Act applies below ground. The validity of that Act has recently been considered b\- the Supreme Court of British Columbia, under a reference from the Executive Council of that Province, and the Court has nrnnounced iudoment. declaring the enactment constitutional. The tmder- signed is informed that an appeal is now pending to the Supreme Conrt of Canada w ■ < ; 'H 80 liUniSII COM MIII.V I.KclSI.ATluN, from the said judgment, the appeal being entitled in the cause of the L'nion Col- liery Company of British Columbia, limited liability appellants, against the Attor- ney General for British Columbia, and others, respondents. The judgment of the Sui^reme Court of British Columbia in so far as it is applicable to the enactment under consideration is favourable to its validity. That judgment is, however, under appeal, and the undersigned considers also that there are reasons affecting the authority of the Legislature to enact the present measure wiiich may not applv to "The Coal Mines Regulation Amendment Act, 1890." The Legislature in adopting a short title for the Bill in question has con- sidered " Alien Labour Act, 1897," to be an approi>riate and comprehensive des- cription and the Bill if allowed to go into operation would affect principally the right to employment ol Chinese or Japanese who are aliens. The main intention appears to be to dis(iualify Chin.ose and Jai)anese aliens from employment.^ The legislation may, therefore,' aptly be regarded as affecting aliens, but the subject of naturalization and aliens has been referred to the exclusive legislative authority o( the Parliament oi Canada, and the undersigned apprehends that, unless the mea- sm-c in question can be more appropriately classed under the catcgoi7 of property and civil rights, or some one or more of the other enumerations contained in Section ()2 of "The British North America Act," it may be regarded as included in the subjects belonging to the exclusive authority of the Dominion. The under signed does not, however, consider it necessary at present to determine whether Section 92 contains any better fitting classifuation, because the doubt which must exist in such an inc|uii-y constitutes sufficient reason for Your Excellency declin- ing to take anv action with regard to this Bill which if assented to by Your Ex cellencv would' operate, if at all, by reason of the authority of the Provincial Legis- lature under Section 92. There arc other considerations referred to l.y the Lieutenant Governor and by the Consul General afifccting the proiiriet\- of the legislation, assuming it to be intra vires. It is stated that the Bill should it become law might seriously interfere wirh international relation-^ and Federal interests, and that the measure is tmfair ard unfriendlv and will lend to disagreement between residents of the Province. For the reasons already stated the undersigned is not prepared to recommend that the Bill should come into effect bv reason of any action on the j.art of Your Fxcellcncy's Government. Respectfully submitted, O. MOW AT, Minister of Justice. Report of the [foiiourahlo the Minister of Justin', affroird by His Excellency the Governor General in Council, on the :?oth October. rSgy. Dkpartmf.nt of Justick, Ottawa, iqth October, 1897. To His f.xcelleney the Governor General in Council: The undersigned has the honour to report upon the following Acts passed bv the T.egislaturc of the Province of British Columbia, in the sixtieth year of ^ ?ier Majesty's reign (1897), received ■ the Secretary' of State for Canada on the 21 St dav of May, 1897. viz.:— Clia])tev 17. "An Act to atiiend and consolidate the law relating to Lunatic Asvhims and the Care and Custody of the Insane." !'>•» VK KMIIA. 189" f^l Sectiuii 51 provides that certain persons wlio may sig-n orders, statements or certificates under any section of tiie Act shall not be liable tu any civil or crimiii.il proceedings on the f^Tound of want of jurisdiction, or on any ntlier gri'Uu.l ii tl'.cv have acted in gootl faith and with reasonable care. The undersigned observes that a Provincial Legislature lias n.. authoritv to exempt any i)erson from such '-riminal proceedings as are authorized l>v the Do- minion Parliament, and that this section in so far as it attempt> t^i make anv such exemption is ultra liirs. I'he undersigned does not consider, lii.wever. that t!ie Statute should on that ground be disallowed. Chapter 62. "An Act to incorporate the South Kootena\ Water Power Company." Chapter 67. "' An Act to incorporate the Okanagan Water Power Com- pany." Each of these Statutes contains a section, nainelv 33, prf)viding a penaltv for malicious injury to the property of the Company. ' lite Parliament of Canada under its authority to legislate with regard to Criminal Law has alroad\ dealt with the sulijcct of malicious injury to property, and that legisiatipecial proviMons with regard to coini)anies mcorporated under the laws of (Ireat Ihilain or Ireland or of the Dominion of Canada, of the old iro- vince nf Canada, or of any of the I'roviiKes of Canada, winch P'-^vide m effect that anv extra provincial company so incorporated and audiorized by its claitct and regulations to carrv out or effect any of the purposes or objects to which the lefrislalive authority of' tlie Legislature of British Columbia extends, may obtarn a license authorizing it to carry on Inisiness within the Province on compliance with the provisions of the Act, and on payment to the Registrar of certain fee. set forth in a schedule to the Act. The provisions of the Act, coniphance wi h which is rcc|uire passed the Legislature is presented to him for assent mav in his discretion, subject to die provisions of "The British North America Act." and to liis instructions, cither assent thereto in the Queen's name or withliold the Queen's assent, or reserve die Bill for sigm- ficadoii of Your Excellency's pleasure. ,..,,., , • i-. . In the present case die Lieutenant Governor ol British Lohiinbia saw ht to adopt the latter course and he reserved the Bill. The Bill, if it is to go into oper- ation at all. must therefore have effect by force of Your Excellency sasseiit, but the advice tendered by the Committee of the I'rivv t ounc.l is diat \ our Excel- lencv take no acdon with regard to the Ihll. 'It will remain for the Provincial Legislature to re-enact the measure if it should see f^t to .lo so. and then if the P.ill as re-enacted be assented to by the Lieutenant Governor the question as to the i-roprietv of its disallowance niay oe considered bv Your Exccllencv in Council. With.nit die assent of \onr Excel- lency, however, tlie i)rescnt Bill can never receive the force of law. Respectfully submitted. D.WID MILL.S, Minister of Justice. til MiTOltlA, 18'J8. 85 61.M \"K:i"()k!/v— iSg,S. 4111 Sel^iON — -Tii Lkgislature. Report of the Honourable the Miiiislcr of Justice, afyprnT'cd by His lixcelliHiy .lie Governor General in Conncil, on the 17th Peeeinber, iiVyiV. Department ok Justice, Ottawa, 8tli November, i8y8. To His Exeelkncy the Governor General in Council: The uiid. .'vi:Tned has liad uiuler consideration the Statutes of the I'rovince of Britisli Colinai)ia, passed in the sixty-tirsl year of Her Majesty's reign ( iiSyS), and received by the Secretary of State for Canada on 8th June, 1898, and lie is of opinion that these Statutes may be left to their oi)eration without comment, with the exception of those hereafter specially referred to. Chapter 40. "An Act to jjive effect ti> the Revised Statutes of Hritish Col- umbia." This Statute relates to the recent revision of the Provincial Statutes and j,dves effect to tlie revision. Without referring iiarlicularly to the various objections which have been stated in the reports of the undersigned's predecessors in ofhce upon the Statutes contained in the revision from time to time as they were en- acted, tiic undersigned intends that tiiese ol)jections, so far as applicable, shall be considered to apply to the Revised Statutes. Having regard to previou?, com- ments and to the above observation, the undersigned does not consider il neces- sary to make any special remarks with regard to any (if the Revised Statutes other than Chapter 107, " The Jiu-ors' Act," as to which lie observes that Sections 75 to 8-' inclusive relate to juries in criminal cases, and appear to contain substantially re-enactments of the corresiionding provisions of the Criminal Co HHITIHH C'OLI'MUIA I.ElllsLATION. .1 -II vessels (if all kilKl:^, ami IuiuIkt, bi-i ii any parts of liriti--h Coliinilna, ami cise- whi.Tc, as may seem expedient, and to acquire- any jjostal or oilier subsidies. It is beyond the authority of a I'rovineial Legislature to authorize the estab- lishment or operation of a line of steam or other ships connecting tlie I'roviiu (vith any uther or others of tl-.e I'rovinces, i.r exit.,. ding beyond tlie limits of the FrovitKv iir between the Province and any i;riti>h i>r I'oreign Couiilry. T!ie words '••.mi: elsi where as mav seem expedient" in the paragraph quoted, would sccni lo indicate that it is intended to authorize the couipauy to carry on a ship- pit)!;- business between the I'r' \iuce and oilier places outside the limiis of the rn.vince. and they should, for thai reason, be struck out. 'Hie undersigned re- commends that the mattov be called to the attentiou of the Provincial Govermneiit, and llial the Government be ret|uesled to state wlieher a projjer amendment will be made williin the time limited for disallowance. Meanlitiie the undersigned withholds any further recommcudation with regard t'> this A 1. Chaplei! 28. "An Act relating to the employment of Chinese or Japanese person.-, on works carried on under Franchises granted by Private Acts." The Act is given the short title of the " Labour Regulation Act, i8y8," and is ill el'lect similar to the Hill i)assed by the Legislative Assembly of tht: Provmce of Prilish folumbia in iH^jj, entitled "An Act relating to the employment of Chinese or Japanese persons on works carried on under franchises granted by private Acts/' which was reserved by the Lieutenant Governor for the pleasure of His F.Ncellency in Council, and which was the subject of a report by the prede- cessor in oftice of the undersigned, approved by His Excellency in Council on 15th December, 1897, •i"riH)ratc llie Kitiiiiaat I' Iway Compan> An Alt ii> iMcorp" irate tiic Konteiiay and North-west Railway \ii Act to incorporate tiic Mountain Tramwa;- and Electric All Act respecting' llie Xanaiiiio Klectric Liglit, I'ower am* All Act to iikorpdr.iir li All Act to iiicorporai' \'cir;Ii Star and Arrow I il I ipany.' C; apter 50 Company." ( '1 apter 60. Limited.' " Chaiiter 61. Compan>." Chapter ()_'. Coinpaiiv . Chaiiti r 63. tioii and Exploration Coinpam . ' "hapti-r 64. "An Act to incur] >.iiate Company.' " I'.acii of tlu'se .Statutes contains ' TO prohihitins; the employment of ( ' companies. Those enactments have heen th ister at the Court of St. James, and of the coniniunications of these peni ,le Skee the • South I'^ast o- niinion .11 the lines of the Natal Act. copy of which accontp.inies the despatch of the Col.iiial Secretary, and which, it is stated, is likely t<. be generally adopte(l in Australia. The undersigned submits herewith copy of the Xat.al .Act in (picstion. It appears, therefore, that this matter is regarded by Her Majesty's Govern- ment as one of Imiierial interest, and the representation- of that ( ioceniment upon the subject should, aceordinglv be carefully considered in determini.ig upon the course to be pursued with regard to the legislation. In the meantime it mav be well to communicate with the Government of British Columbia upon the subject, enclosing copies of the complaints of the Japanese Minister and Consul anrej>ajc(i i'-> and Chinese sec- tions of the other ("hapters above mentioned. A communication should also, in MICROCOPY RESOLUTION TEST CHART (ANSI and ISO TEST CHART No. 2) J APPLIED IN/MGE 1653 EasI Main Streel f,?!'!"!.'.; ^" '""'■ I ■'609 USA (716) 482-0300 -Phone (716) 288 - 5989 - Foi. ii 8» H DHiri.SlI COIA'MHIA LKi.I.sLAIlON. tlic opiniun 'A ihc undersigned, be addressed by Your Excellency's Government Righi lIijnoural)le the Principal Secretary of State for the Colonies, stating as so far been done with regard to this legislation, and a copy of the Sta- to tiie Ri Wlltll ilci> .J..- 11,11 i^^v.!! ij'^iiv. >>ii.»» *v.^t*»va \.\j line <^t ioiciiiv^ii, aii«a ti 'VJiy > \ji iiiv,; ^jid" tule> should l)e forwarded to him. Further action, the undersigned considers, may be delayed until a reply has been received from the Provincial authorities. The undersigned rccninmends that a copy of this report, if approved, and of tl'.e papers accompanying the same, be transmitted to the Lieutenant Governoi of the Pmvinci.- fur the information of his Government. Respectfully submitted. D.W'ID MILLS, Minister of Justice. His Inipciial Japanese Majesty's Consul for Canada to His Excellency the Governor General. f # m it Vancouver, B.C., loth May, 1898. Yoi.k E.\CEi.Li:.\cv, — 1 have the honour of calling Your Excellency's atten- tion to a provision in the several Railway Bills and other Private Bills which have passed or may pas^ through the Legislative Assembly of the Province of British Columbia and lu which assent ma) jje given by His Honour the Lieutenant Gov- ernor of that Province, prohibiting the emjiloyment of subjects of Japan in the construction or operation of the various railways or other undertakings which may be built or carried out under the sought for charters. I, in the name of His Imperial Japanese Majesty's Government, most respectftilly protest, as far as Japanese persons are concerned, against any such discrimination against the sub- jects of a friendly nation whose Government I have the honour to represent h.ere, on the following grounds: — 1. That no satisfactory reason has been or can possibly be given for such discrimination in the Legislative Assembly above stated. 2. That the Article of the Revised Treaty of Commerce and Navigation be- tween Japan and Great Britain provides that '' the subjects of each of the two High Contracting Parties shall have full liberty to enter, travel, or reside in any part of the Dominions and possessions of the other Contracting Party, and shall enjoy full and perfect protection for their person and property," and the Article 15 of the same that "the High Contracting Parties agree that, in all concerns, coinmerce and navigation, and privilege, favour, or immunity which either Con- tracting Party has actually granted, or may hereafter grant, to the Government, ships, subjects or citizens of any other state shall be extended immediately and unconditionally to the Government, ships, subjects or citizens of the other Con- tracting Party, it being their intention that the trade and navigation of each coun- try .-hall bo placed in all respects by the other on the footing of the most-favoured nation," p-,. That though the Dominion of Canada does not participate in the revised treaty referred to, it is contradictory to international usage that a nation, sul)ject to the duties and privileges of international law, be adversely discriminated in legislation in a friendly country. 4. That while tlie Legislators of the Province of British Columbia apparently look upon the Japanese in the same light as Chinese, it is a well-known fact that the education and character, customs and manners of Japanese are entirely differ- 61 vn-roiiiA, 1898. 89 ent from those of Chinese, so tluu the principal argument of the Legislators is contradicted by tlie fact. 5. That the numi^T of Japanese resideiits in British Columbia, not exceeding one thousand and odd persons, is less than one-tenth that of Chinese. 0. That the Government of Japan controls tiie movements of emigrants, by enforcing the Emigration Regulations, no intending emigrant being allowed to leave the country, unless the proper authorities are satisfied that he has good reason to emigrate to a certain country, so that the emigration into an\' country can be restricted to proper extent by the Government of Japan. 7. That such discrimination would tend to be detrimental to some extent to the development of the international trade between Canada and Japan wiiich the Govcnmients of the two countries are now endeavouring to foster. I therefore most respectfully request that Your Excellency will give these provisions in the Bills referred to such consideration as will lead to Your Excel- lency's disallowance. I avail mvself, &c., &c.. S. SHIMIZC, H. I. J. M:s CoHstd. His Jinperial Jiif'auesc Mcjcsty's Consul for Canada to llis Bxccllcncy the Governor General. Vancouver, B.C., i6th May, 1898. Your Excellency, — I have the honour of calling Your Excellency's atten- tion to a section of a Bill intituled " An Act to amend the British Columbia Pub- lic Works Loan Act. 1897," which passed through the Legislative Assembly of the Province of British Columbia, and to which assent may be given Ijy His Honour the Lieutenant Governor of that Province, prohibiting Chinese or Japan- ese persons to be employed or permitted to work in the construction or operati,>n of any undertaking thereby subsidized. L in the name of His Imperial Japanese Majesty's Government most respectfully protest as far as Japanese persons are concerned, against such discrimination against the subjects of a friendly nation, whose Government I have the honour to represent here, on the same grounds as those that I have proiwunded in protesting against a provision of the same nature contained in the various Railway Bills and several Private Bills, in my despatch addressed to Your Excellency on the loth instant, and most respectfully request that Your Excellency will give the section referre lead to Your Excellency's disallowance. I avail nnself, iS:c., &c to such consideration as will &o.. S. SHLVllZU, H. I. J. M.'s Consul. :i I Ins imperial Japanese Majesty's Consul for Canada to His Exeellency the Governor General. Vancouver, P..C., 20th ^lay, 1898. Your Excellency, — I have the honour of calling Your Excellency's atten- tion to the " Alien Labour Bill," which has passed through the Legislative As- semblv of the Province of British Columbi; , and to which tlie assent has been given this day by His Honour the Liciitcnant Governor of that Province. The object of the Bill obviously is " to prohibit the employment of Chinese and Japan- ese persons on works carried on under Franchises granted by Private Acts." 90 mtlTlSH COLUMIIIA MCfilSLATlON. ■I r i!l i 1 i 1, ill tlie name of His Imperial Japanese Majesty's Government, must respect- fully protest, as far as Japanese persons are concerned, against any snch discriniiii- ation against the snbjects of a friendly nation, whose Government 1 have tlic hon- our to represent hei-e, on the following grounds: — 1. Tliai no satisfactory reason has been or can possibly be given for such discrimination in the Legislative Assembly above stated. 2. That the Article J. of the Revised Treaty of Commerce and Navigation between Japan and Great IJritain provides that " the subjects of each of the two Contracting Parties shall have full liberty to enter, travel or reside in any part of the Dominions and Possessions of the other Contracting Party, and shall enjoy full and perfect protection for their persons and property," and die Article 15 of the same that " the High Contracting Parties agree tliat, in all tiiat concerns com- merce and navigation, any privilege, favour, or immunity v/hicli either Contract- ing Party has actually granted, or may hereafter grant, to the Government, ships, subjects, or citizens of any other state shall be extended imniediately and uncon- ditionally to the (iovermnent, ships, subjects, or citizens of tiie other Contracting Party, it being their intention that the trade and navigation of each country shall be placed, in all respects, by the other on the footing of the most-favoured nation." 3. That though the Dominion of Canada does not participate in the Revised Treaty referred to it is contradictory to the international usage that a nation sub- ject to the duties and privileges of internatidnal law, be adversely discriminated in legislation in a friendl) country. 4. That while the Legislators of the Province of P>ritish Columbia apparently look uiion the Japanese in the same light as the Chinese, it is a well-known fact that the education and character, customs and manners, of Japanese are entirely different from those of Chinese, so that the i)nncipal argument of the Legislators is contradicted by the fact. 5. That the number of Japanese residents in British Columbia not exceeding one thousand and odd persons, is less tlian one-tenth of that of Chinese. 6. That the Government of Japan controls the movements (/f emigrants, by enforcing the Emigration regulations, no inteiuling emigr? it being allowed to leave the country, unless the projjcr authorities are satisfied that he has good reason to immigrate to a certain country, so that the emigration into any country can be restricted to proper extent by the Government of Japan. 7. That such discrimination would tend to be detrimental, to some extent, to the development of the international trade between Canada and Japan, which the Governments of the two countries are now endeavouring to foster. I, therefore, most respectfully request that Your Excellency will give these provisions in the Rill referred to such consideration as will lead to Your Excel- lency's disallowance. In addition hereto, I beg to state that '' British Columbia Public Works Loan Act Amendment Bill " and all the " Railway Bills a'^ ' *iicr various Private Bills" containing a section iiroliibiting the employment panese persons in works specified in .such legislation, against all of which I .;. .t, in my despatches of the lotli instant and of the i6tli instant protested, have th's day received the assent of His Honour the Lieutenant Governor, and that I respectfully reiterate my re- quest that Your Excellency will give these ],rovisions in the Acts referred to such consideration as will lead to the disallowance of such legislation by Your Ex- cellency. T avail, Szc, S. SHIMIZU. H. I. J. M.'s Consul. testi the to ^ lati\ Liei clan Cor ing ploi stri alsc or 1 of' var f>l VKTOIIIA, IXW. n His Imperial Japaiusc Majesty's Consul for Ca)unla to I Us lixcclUiicy the Governor General. \'ancouvi:h, B.C., 28lh May. i8y8. Your Excki.i.e.vcv, — As a supplementary to my despatih nipany. 41. An Act to amend the "Tramway Company Incorporation Act." %\ m The Right Honourable J. Chamberlain to His Rxeellency the Governor General. DowNixfi Strep.t, 20tli July, ii^o8. I\Tv" LoiU), — I have the honour to acknowledge the receiiil of your despatches of the numbers and dates noted in the margin, in which you forwarded copies of various communications received by you from the Japanese Consul for Canada 92 URITISII C;OI,UMHIA I,i;<:iSI,\TION. respecliug the aiui-Japaucse legislation recently passed by the Legislature of Britisli Columbia. 2. 1 shall be glad if you will lose no time in transmitting, in accordance witli the request contained in my telegram of tlie i8lh June, copies (if the Acts to which M. Shimizu takes exception, together with tlie observations of your Ministers thereon. 3. In llie meantime, 1 have to request that you will impress upon your xVIin- isters tliat restrictive legislation of tlie type (jf which the legislation in (juestion appears lu be, is extremely repugnant lo the sentiments of tiie people and Govern- ment of Japan, and you should not fail to impress upon Uiem the importance, if there is any real prospect of a large influx of Japanese lab(jurers into Canada, of dealing with it by legislation of tlie IJominion Parliament on tlie lines of the accompanying Xatal Act which is likely to lie generally adnjtted in Australia. I have, ivc, J. CHAMBERLAIN. '.:i: ; t ' ?i < I ■■ If THE IMMIGRATION' ACT, 1897. AKUANGEMIiNT OF Cl-.M'SKS. Preamble. 1. Short title. 2. Exemptions. 3. Prohibited Immigrants. 4. Unlawful entry of prohibited immigrants. 5. Entry permitted on certain conditions. 6. Persons formerly domiciled in Natal. 7. Wives and children. 8. Liability of Master and Owners of ship for illcj^al landing of immigrants. 9. Disabilities of prohibited immigrants. 10. Contract for return of prohibited inmiigrants. 11. Offence of assisting in contraventions. 12. Oftence of assisting contravention l)y persons named in Section 3. 13. Bringing insane persons into Colony. 14. Powers of police to prevent entry. 15. Officers for carrying out Act. 16. Rules. 17. Punishments. 18. Jurisdiction of Magistrates. Schedule A. Schedule B. li' WALTER HELY-HUTCHINSON, jif 1 i if (No Governor. . I. 1897.) - '.' 4 ACT. > 1 • > " To place certain restrictions on Immigration." Whereas it is desirable to place certain restrictions on Immigration: — f £ 1 i i *'.i vicTuitiA, i.'^ns. 03 ik- it therefore enacted by the Queen's Most Excellent Majesty, l)y and with tl ... advice and consent ut tiie Legislative Council and Legislative Assembly of Natal, as follows: — Short Titlb, Exemptions. 1. This Act may be known as "Tiic Inunigration Restriction Act. 1897.' 2. The Act shall not apply to: (a.) Any person possessed of a certificate in the form set out in the Schedule A to this Act annexed and signed by the Colonial Secretary, or the Agent General of Natal, or any officer appointed by the Natal Government for the purposes of this Act whether in or out of Xatal. (b.) Any person of a class for whose inunigration into Xatal provision is made by law or by a scheme approved by Government. (c.) Any person specially exempted from the operation of this Aol by a writ- ing under the ham! of liie C(ilonial Secretary. (d.) Her Majesty's land and sea forces. (e.) The officers and crew of any ship of war .. .y Govcrinncnt. (f.) Any person duly accredited to Natal by or under the antliority of ;he Imperial or any other Government. PuoiiiiiiTi'.i) Lmmigk.\nts. 3. The immigration into Natal, by land or sea, of any person of any of the classes defined in the following subsections, hereinafter called " prohibited immi- grants" is prohibited, namely: — (a.) Any person who, when asked to do so by an officer appointed under this Act, shall fail to himself write out and sign, in the characters of any language of Europe, an application to the Colonial Secretarv in the form set out in Schedule B. of this Act. (b.) Any person being a jiauper. or likely to become a public charge. (c.) Any idiot or insane person. (d.) Any pers(jn sut^'ering from a loathsome or a dangerous contagious dis- ease. (e.) Any person who, not having received a free pardon has within two vears been convicted of a felony or other infamous crime or misdemeanour involving moral turpitude, and not being a mere political ofience. (f.) Any prostitute, and anv person living on the prostitution of others. Unlawful entry of Prohiiuted Immigrant. 4. Any prohibited immigrant making his way into, or being found within Natal, in disregard of the provisions of this Act, shall be deemed to have contra- vened this Act and shall be liable, in addition to any other penalty, to be removed from the Colony, and u]ion conviction may be sentenced to imprisonment not exceeding six months without hard labour: Provided that such imprisonment shall cease for the purpose of deportation of the offender, or if he shall find two approved sureties, each in the sum of Fifty Pounds Sterling, that he will leave the Colony within one month. Entry Pf.rmtttkd on Certain Conditions. 5. Any person appearing to he a prohibited immigrant within the meaning of Section 3 of this Act. and not coming within the meaning of any of the sub- i T^ 94 imiTIHi: v,OI,irMlllA LKiilHI.ATION. sectiuiis (c), (dj, (fj, (fj, of the said Section 3 sliall be allowed to enter Natal upon the followiiifj cuiiditions: — (a.) Ik' shall, before laiuliiif^-, deposit witli an officer appointed under this Act the sum of one hundred pounds sterling;'. (I).) If sucii ])erson, within one week after enterinjj; Natal, obtain from the Colonial Secretary, or a Ma},nstrate, a certificate that he does not come within the prohibition of this Act, the deposit of one hundred pounds sterling shall be returned. (c.) If such jjcrson shall fail to oiitain such certii. ate witliin one week, the deposit of one hundred pounds sterling ma ybc forfeited, and he may be treated as a proiii!)itcd inunigrant. Provided that, in the case of any person entering Natal under this section, no liability siiall attach to the vessel or to the owners of the vessel in which he may liave arrived at any port of tlie Colony. Pf.HSOXS I'oRMERI.V DoMKILKD IN N.\TAI.. 6. Any perscMi who shall satisfy an officer a|)pointed under this Act that he has been formerly domiciled in \atal, and that he does not come within the mean- ing of any of the subsections (c), (d), (e), (f), of Section 3 of this Act, shall not be regarded as a proliibiteil inunigrant. Wivi:s AND Children. ■■ * ,11 \m ' I < 4 Hi 7. The wife and any minor child of a person not being a prohibited immi- grant sliall be free from any prohibition imposed by this Act. LiAnii.TTv OK Master and Owners of Ship for Illegal Landing of Immigrants. 8. The master and owners of any vessel from which any prohibited immi- grant may be landed shall be jointly and severally liable to a penalty of not less than one hundred pounds sterling, and such penalty may be increased up to five thousand pounds sterling by sums of one hundred pounds sterling each for every five prohibited inuuigrants after the first five, and the vessel may be made execut- able by a decree of tlie Sui^reme Court in satisfaction of any such penalty, and the vessel may lie refused a clearance outwards until such penalty has been paid, and until provision has been made by the master to the satisfaction of an oiTicer ap- pointed under this Act for the conveyance out of the Colony of each prohibited inunigrant who may have been so landed. Disarilities of Prohibited Immigrants. 9. A prohibited immigrant shall not be entitled to a license to carry on any trade or calling, nor shall he be entitled to acquire land in leasehold, freehold, or otherwise, or to exercise the franchise, or to be enrolled as a burgess of any bor- ough, or on the roll of any township; and any license or franchise right which may have been acquired in contravention of this Act shall be void. Contract for Return of Prohibited Immigrant.s. 10. Any officer thereto authorized by Government inay make a contract with the master, owners or agent of any vessel for the conveyance of any prohibited t'>l M(ii>i{iA, 1898, yr) immi- iiiiiuigiaiu found in Xatiil to a purl in or near to siicli iininiganl's counlry of birth, and any sucli iininigrani witli liis personal efifects may l)e placed by a police oltker on board sucii vessel, and shall in such case, if ilcstitute. l)e supplied with a sufficient sum ui money to enable Inin to live for one month accordinj,; to his circunistaiu-es in life after (ii^ttnl)arl Any ]urson who shall wilfully assist the entrv into Xatal of any i>ro- hibited immigrant of the class (f) in Section 3 of this Act shall be deemed to have contravened this Act, and shall upon conviction be liable to be imprisoned wit!i hard labour for any period not excecflinq- twelve months. Hki.mwxg Insane Peusons into Colony. 13. Any person who shall be wilfully instrumental in bringing into Natal .m idiot or insane person without a written or printed authority, signed by the Colo- nial Secretary, shall be deemed to have contravened this Act, and in addition to any other penalty shall be liable for the cost of the maintenance of such idiot or insane person whilst in the Colony, I'oWKKS OF PoI.lCF. TO PrKVFNT EnTRY. _ 14, Any police officer or other officer appointed therefor under this Act, mav, subject to the provisions of Section 5, prevent anv prohibited immigrant from entering Xatal by land or sea. Officf.rs for Carrying out Act. 15. The Governor may from time in time appoint, and at pleasure remove, officers for the jmrpose of carrying out the provisions of this Act, and may define the duties of such officers, and such officers shall carry out the instructions from time to time given to them by the Ministerial head of their Department, Rules, 16. The Governor in Council may from time to time, make, amend, and repeal rules and regulations for the better carrying out of the provisions of this Act.. Punishments. 17. The penalty for any contravention of this Act, or of any rule or regula- tion passed thereunder where no higher |)enalty is expressly imposed, shall not exceed a fine of fifty pounds sterling, or imprisonment, with or without hard labour, until i)ayment of such fine or in addition t(j such fine, but not exceeding in anv case three months. 96 llliniMl CiiM Mill V l.i;i.|SI,.\TION. \v ■i '} Jurisdiction of .Magistkates. i8. All contraventions of this Act or of rules or regulations thcri'uiHlir iiid suits for penalties or other nioiays not exceeding one hundred i)ound> sterling shall he cognizable by Magistrates. SCHEDULK A. Colony of Natal. This is to certify that of aged by trade or calling a is a fit and proper person to be received a> an immigrant in Natal. Dated at this day of (■Signature) Schedule B. To the Colonial Secretary: Sir, — I claim to be exempt from the operation of Act No. , 1897. My full name is My place of abode for the past twelve months has been ^Ty l)usiness or calling is I was born at in the year Yours, &c.. Given at Govenunent House, Natal, this fifth day of May, 1897. By command of His Excellency the Governor. THOS. K. MURRAY, Colonial Secretary. Mr. Chamberlain to His Excellency the Governor General. DowTNiNG Street, nth August, 1898. My Lord, — With reference to my telegram of the i8th June and my des- patch No. 214 of the 20th ult., I have the honour to transmit to you for communi- cation to your Ministers copies of correspondence with the Foreign Office respect- ing a note from the Japanese Minister at this Couit complaining of the recent Bills of the Legislature of British Columbia aimed at the exclusion of Japanese subjects from employment in that Province. I shall be glad if you will move your ^Ministers to give their early consider- ation to this matter. I have. &c., J. CH.^MRERLAIN. ■!l kr iiid sterling al. ''•I MiKiHIV. |."<'.IN. Mr. I\ Ihrlic Id llw i'liiUr Si\rihii \ joy ili, t I'ii'llll'S. SiK.— I am clirccii'd liy tlio Mar(|iiis oi Salisbun t.i tratiMiiit. |m \,v laid htlun- tin.' Scm'tan of State fur tlie I'olonios. ccpy of a 'note wliicli Iia^ hidi rinivcl from tin- laiKiiit'sc Minister at this (.'.nn-t. eomi)laiiiiiin- ■'! reeeiit KKi>iatiun in Britisl) Cnliimlna for tlic cxchiMon of Iapaiief a fine for eacli Japanese so employed, ['he lapanese Consul al \ancouver has therefore, under instructions of the Imperial Government entered a im.test to the Lieutenant Governor of the Province in the hope that the necessarv approval of the (.ovcrnor ini,t,dn be withheld from those enactments. Hi. representations were, however, fruitless, and the Acts were approved by the Lieutenant ( iovcrnor ami are now awaijing the assent of the ( rovernor { icneral of Canada. Aly (government, although they coniidentlv believe that the le.L^islation so unfriendly and discriminatin,^■ against Jaiianese subjects would not receive the sanction of the ( iovernor (ieneral, have instructed ine to c.ill the attention of Her Majesty's (iovernment to the maiter. The impropriety of such discriminating legislation against the subjects of a friendly State is evident in itself and requires hardly any comment on the p.in of my Government, i'he Japanese subjects in Canada are' not large in number, ^o far as my Government are aware they have always been law-abiding and havedone nothing that iniglu necessitate a legislative action adverse to their interests Moreover, in the opinion of my Government, such measures if allowed lo become law, cannot but injuriously affect the cordial and commercial relations which now happily exist between Japan and the Dominion of Canada and which have everv prospect of further develoi)ments in the near future. I have therefore the honour to ask the good offices of Your Lordshij), so that Her Majesty's (Government mav see their wav -u exercise their influence with the (^vernor General of Canada in order that '\\' assent may be withheld from the aforesaid legislation of Rri'ti-.li Columbia. I have, &c.. K.\T(J. U8 nil IISll ( ill.rMlll \ l.Ki.l>l.\TI(iN. riic I'oiii^i^ii (Ufui- to llii- L Oloiiiiil Olfur. DiiWMNc; Stmi.ii, iitli Auj^mim, i8w\\ t.i \"Ui- kiur ui ilic oili in>t;uit iiK-loMiiK a oipy .il a n..if from till' Japanese Mini>tn- al this tloiirt protesting igainst rccoiit li'Kislation i-i Ikitisli ColuiiilM lor tin- cxrlusion of Japanese subjects from employment m that Province, I am directed l)v Mr. Secretary (liamherlain to aciiiiaint yon for die information of the Marquis of Sahsbury that no reply has yet been received lo the communications addressed to the Covernor General on this subject. A copy of M. Kato's note will, however, be sent to him. with a reipicst that he will press his Ministers for earlv coiisidcr.-itiuii of the matter, anr Uau'iuil. \'.\NC()LVicK, B.C., will i'ei)riuiry, iSc)(). Vol k i'L.KCKi.i.K.vtv,— In the name of His Imperial Japanese Majesty's gov- ernment J have ihe honour of calling N'our i^xcellency's attention to a paragraph in the .si>eech of His Honour the Lieutenant ( iovernor of I'.nlish ( olumbia, delivered at the opening; of the present se.ssion of the Lefjislative Assembly of mat province, .slatiiii: Uiat " I'or the better protection of the miners in coal mines, a Hill will be laid before vou i)rohibilintj tli. cini)loyment imdert,M-ound of Japan- ese in these miiK>." 1 w'uuld al the same time bej,-- to call Vour I'.xcellency's attention to the Bill No. 43, entitled "An Act to amend the Coal Mines Regula- tions Act," whiclt was recenllv proposed, .seemintjly m acordance with the state- meni of the paragraph above cited, bv the Honourable the I'residcnt ot the Council lo the Lef,nslativc Assemblv of Uiat province, and pas.sed throuj,di that Asse-nblv on the Slh day of lliis m'onlh. And also to die various private Bills that are 'before Uie House at present containing sections which prohibit the cm ploymcnt of Japanese in works authorized by such Acts. _T resi)ectfully be^- to mclose here "''■ ---="' referred to. inclose herewith copies of the Bill No. 43, and also a sample of the private Bills rred to. ... t 1 1 1 1 r And urging the same o1)jeclions to this legislation as I had the honour ot urging against legislation of the same nature passed at the last session, I most respectfullv rc(|uest that Your Excellency will give this legislation such consid- eration as' will lead to Vour Excellency's disallowance of the same. I avail, &c., S. SHIMIZl', //, /. /. M's. Consul. BILL. (No. 43, 1899.) An Act to amend the " Coal Mines Regulation Act." Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province'of 'British Columbia, enacts as follows :— •'■I MfTltllM, ISKIS, '.I'.l 1. Si'cliDii 4 Mt ili;i|)tir ii,X d tlic Ki'\i-.c!• Japaiii'so." 2. St'ctiiiii ij ct thf said Act is lurfl)y amrudicl by iusrrtiui; after the word " riiiiiaiiK'ii," in th ■ tMiirtli liiu; tii.rr .|', tiu' won! •• lanaiiisc." I N'n, II, l(S. I'll.!.. ('). i All Act ti. ini-Mr|Mirat(' the " \ aiici uivcr Xnrtlu in and S'ldson Railway L'<>tnj)aiiy." •' * -I- * * * ,^7. \'ct ( hinc'^i- ' .|- J.-qianrsf pTsnt'S >ha!l ln' fin|ili>yi'd in tiic cnnstrurtinti ni the undertaking;- ur th- wi>rkin,i,' of the ra'lwax. 3H, Tiu' preci'diutj tun sn-timis aro lienhv dvelarid to he tiie couditioiis upon whicli tiiis Art i- passed, and sliall he hiiidinj^- upon hondhi>ldcrs and all other persons in an\ way interested in the said oouipauv or its pro])env. In rase either of said preeediiiK two seelioiis are violated, >;uch violation shall work a forfeit- v.ie of all privilei,'e> granted hy tiiis \i-t. Iiut no sueii forfeiture >iiall oiierate except upon ]iroci'edinj,'-s instituted in the ,Sui)rcnic Court uf Uritish Coiunihiaby tlie ;\ttorne\ ( Imend. His Tmi'i;is'1 \i. |\r\M.SK Majkstv'.s Cunsi-lati-. i ou (.'a.nau \, \'av( oiivKK, ]'..C".. _>s:th l''uhruary, lS<;(^ \i)\u l".\( ii.i.iNi ^ . in addition to my i)rot''si receiUJy i)resente-\ jai)ane>e lahonr in certain undertakinj^s 1 respecthilly hef,^ to call Vnuv E\- cellcncy's special attention ro the Hill Tk), intituleil "An Act respecting Liquor Licenses." in wiiich Japanese subjects are included anionj,' tliose declareil ineligihle to hold li<|uor licen-es (:•((/.■ liie sections jj, 2,^ and i)articularly .V) of the Hill No. tio). 'I'his IHll was introduced to the llonsr \>\ the llonouralde the Attorney General of the province, and passed thn>u,t,dii it on the 25tli day of this nionth. To this, together with other P>il!s of a similar nature ])as.sed at the closinj^ session, .'issent w;is L;i\i'n yestenhiN' by His Honour the Lieutenant Governor of tiie j)ro- \ince. Your F.xcellcncy will obst > e that the discrimination in Hill X'o. 60 is a decided advan.-e upon the former measures aimed ajj^ainst Chinese labour, inas- much as this r.ill now imi)oses restrictions on Japanese subjects in matters of trade also. It may also be taken, I think, as an indication that these anti-Japanese measures will not stop here in this province, unli s die hi^dier authorities are pleased to exercise their power. T, tlurcfore, respectfnll\' be,tj leave to more emphatically reiterate my request that ^'our h.xcellency wil! tjive this legislation sncli consideration as will lead to your lixcelleiicy'.s disallowance of the same. I avail m>self of tins o]5portunity to renew to Your Excellency the assurance of m\' highest coniiidi ration. S. SHIMIZU, H. 1. 1. M's. Consul. 7i lOU ItlU'riSlI COMMIIIA I.Kclsl.AIIO'i. '/'//,■ A'/. llniL J. L'lunnhcrh.iiii In ///v l-.Arclh'iicy ihc (ioirmvr Ccncial. 1)()\\\im; Si i, -Willi rflViriu-t' iw \nir ikspalcli .\"i>. i of jnl January, trans- niittin^;- lopN nl' an ai)i)n)V(.'(l niinuti.' of the 1 )o'iiinion IVivy Council subtnittint; arci)orlof the Minister of Justice on the anti-Japanese legislation passed duringlhe last session of the l.e<;-islati"ire of I'.ntisli (.'olunihia, I have the honour to transmit to yon, to he laid before your Ministers, copy of a fm-ther note which the .\lar(|ni< of Salisbnrv has received from the Ja.iianese Minister at this court, calliti!; atten tion to a liill passed durinj;' the present session of the s;une Le.ufislatnre, entitled ••Ciial Mine,s Regulations .\mendnunt i'ill." _'. Monsiem- Kato states that the object of this I'.ill is to prohibit the employ- ment underj;Toinid of Japanese in coal mines, ;md he e>;presses the hope that lier Majesty's ( ioveninient' may extend '.o tliis instance the jiolicy pifsued in ret^ard to the k\t;islation of last year. 3. Her Maje.stv's ( lovernmcin will !)e _L;iad if your Ministers will consider the ("jueslion of this liill with th;it of the others to which tlteir attention has airtad)' been called. I have, iKic, [. IIIAMI'.MRI.AIX. ilii I jii r 'I'lic .laf^aiirsi- .liiiluis.uulor lo the Most Hon. tin- Maniiiis of Stilishnry. .\rAM:si", 1 ,i:(,A'rio\. iSth h"ebruar\. iSi)(). .M. 1.I-. .\Iairt. passed by the Lcfji.slature of the same province last vear, have formed the subject of correspondence betweeti ^"onr Lordshi]) and invself, and while my government is deeply sensible of the solici- tous attention wiiich Her Majesty's (lovermnent, and. at their instance, the Gov- ernment of Canada are paying- with resi)eci to the issue of those Hill.s, T feel compelled bv this ri iiewed action on the ])art of i'.ritish t'olnmbia to call the attention of Her .Maiesty's ( iovernment once more to the subject. 'Hie e.\cei)ti(jns which the Imperial Crovernment have taken aj^ainst the lej^islation of last \ear .■ii)ply in the present case in their full scope and extent. Therefore. with(.nt rciteratin.u the reasons which 1 set forth a,i,'ain.st such legis- lation in the letter which 1 had the honour to address to Your Lordship under date of .\ugust ,^rd, iSijS. 1 t.ake the liberty of calling your attention to the fact, and requesting ifer .Majesty's (iovermiient to extend to the present instance the same enlightened i)olicy wiiich they have pursued in regard to the legislation of last year, with the contiilent assurance that such a policy cannot fail in augmenting till- nei^dibonrlv relations e.xi.sting between Jajian atid the Hominion of Canada, I have, &c,. KATO, CI McioiiiA, IHOS. 101 ('n\'\ of ii Rif'oil ,/ //ir I liuu'iiruhlc llw Mnitshr .'/ Justice afl^rnitJ hy 11 is I'.x- ctildhy llii (iiyrcriuir liciirral in i'liinu-il iiii tlic I'tli March, /(Vyy. I )i;i',\K'rMi:.\ |- (H- J isiu i:. (>iia\\.\. Nth March, iNi;i|. To His LAXiilcncy tlm thi' Licuifiiaiit (invoni')r I if r.ritish ( 'i)lunil)ia, iraiisinittin.i; a e'lijix' i>f a inimilf df the hXcniiivr (uuncil i>l iho prdviiu-t.', approved nu _'4di I'chniarv last, tnj^x'thrr with a iiiii>rl nt' the I 'roviiici.'il Attnntc) < iiiuTal ri'l'iTriny tn the ohsri-vatioiis nf the' niiilcrsiiL^iK-d cinitaiiKcl 111 hi> re-purt t.. ^^lll^ I''.\i-c!lt.'iu-\ cit' thr Sth Xi '\ niihcr la-~t with iv.nard 111 scotiniis 73 til Sj '.iu-hi>i\i' nf the |ufi«r>' Art. rh.-iplrr 1117 nf thr l\r\isi'd Stat- iitr> oi ISrilis!) ( 1 >liiiiihi;i. 'idu' uiid(rsi,L;iK'd lia> the hunniir in >iihiiiit hcivwith n ipy . it' tiir said rcpnrt is4iu'ih in lii-- rtpi ifl 1 if Sth Xi i\ riidn'f last, rcferrrd tn tin- srrti ms ill i|iu'stii.u, which rc-ciiact certain prmisii iiis nf the (riminal (ndc. iiSijj. with rcj,;ard tn juries in ci-iiniiial cisi's. iiuliidiiij; ilm^c . clatiii,i;- to cliallcii,i;i's. kccpiii.t,^ the jury tn^cther, and iheir inainteiiaiice and 'illier prnceediiiL;'-. diirini^ die tri.al, and the umlersij^iied nhservcd that these pri i\isii in> atTeeted inaUcrs nf criininal |)riicediire and wi're iiilru rircs nf the 1 .ei^islaliire. '.I'lie undersigned, hi>we\er, staled that he did lint ])rnpn>e nti that accmint that \hv .statute slmuld he disal- Idwed, hecause the prn\isinn> in iiiiestinii were nnt inonnsisteut with the (."riminal (,'nde, and in disallnw the statute whicli i^a\e elTeet tn the re\i>inn iniLjht I'aU'-e ■-erinii.s iiicnn\enienee, lie recninniended, linwewr, that these sectimis he re- ])ealed li\ the I Vnvincia! I -e^i.-lalnre. I'he Attnnie\ i leiural nf ririti-.h (nlunilii.a in lii> report state-- th.at the npin- inn iii the undersiijr.ed a- sn expresseil is npi-n to serious dispute, and he stales that there i^ much ;' nienl tn suppnrt the \ lew that these sections relate to the constitution of the i. . .rl rather than tn criminal proct'dure, and that if his view >liould he sustained tlu \ would undouhtedlv he within the jurisdiction nf ilu' I 'ro\-iiieial 1 AjLiislature. Ilu Atlnme) ( uiieral (loe> not. iKiwever. I'cveal die ar.i;iimeiU 1)\ which he cnnsider^ his \iew tn he upheld and in the aiiseiu'i' i^i that informalinu the undersi,L;ned (.■ntertains wn douht that the sections in i|iiestion do strictlx relate tn ihe suhject of criminal ]irncediire. and that whate\er arL;unient theri' max he for provincial .■iiithnril) to eiiaci >ucli provi.-.inu> as coimecteil with the coustilutinu <>i the court pre\inus tn rarliameiit dealin.t;" with the suhject tmdei- its autlmritv in matter^ of criminal procedure, there can he im re;i,-^on fnr su])posiui;' that I )ominion iei.;islation is not to ])re\-aii. .Moreover, s nie of these .sections eaimot In an\' process of reasoninj;' which the unilersi).;iied can imagine he referred to ,ui\ matter connected with the eoustitutiou of the cnurt. I'he .\ttorne\ 1 ieiieral sliile.-- that these sections do not a))|)ear first in the l\e\-iM'd Statutes, and that ilu\ were oriijiuallv ])asseil a numher of years a^o. 'Jlie .\ttorne\' < ieueral i^ives no reference, however, to the oriqinal I'liactnu'iits. hut it is (|uite iinmaterial whether they hud heen ])ri'viou.sly enacted or not. The i>l)ser\ations made h\ the undersiLj'ned with reijard to them would e(|nally hold in either case. The statement of the .Vttorney ( ieneral that it is unfair for the .Minister of histice to take advanta.ye of the revision of the statutes to review .statutes witli a view to disallow.mee is not pertinent to the matter of diseussiiMi, heeanse the under- signed stated expressly that he did not propose that the statutes should lie dis- allowed. When a ease arises, however, of an enaetuient api)earing- in the revised I 10: IIUITIHII COI.UMIllA I.KIIISLAIION. Statutes of a province which, in the opinion of Your Excellency's (lovernnient, ought to be disallowed, it will be proper to consider how far the inconxenience of disallowing the whole revi,sion in order to get rid of the objectionable enact- ment ought to affect the course which Vour Excellency's ( iovernnient should pursue. Cases certamly may be imagined where it would be in the public interest to disallow the whole revision. It will, however, be time enough to discuss such cases when they arise. In the meantime, the question raised by the Attorney General is of no practical importance, and has reference to no case which has jet occurred. The undersigned, therefore, declines to discuss it. The undersigned recommends that a copy of this report, if approvetl, be transmitted to the Lieutenant Governor of British Columbia for the information of his Government. Respectfully submitted, DAVID AIILLS, Minister of justice. 1 'f^ ■:'r iilr '■n\ I i- ■I. \\^: '■I d it Copy of a Report of the Honourable the Executive Council, approved by His Honmir tlu Lieutenant Governor on the 24th day of November, i8pp. To His Honour the Lieutenant iiovernor in Council : The undersigned has the honour to report, with regard to the report of the Honourable the .Uinister of Justice, dated the 8th day of November, 1898, as to sections 75 to 82 (inclusive) of Chapter 107 of the Revised Statutes (being the Jurors' Act), which relates to juries in criminal cases. The jMinister of Justice is of the opinion that these sections affect matters of criminal procedure, and are ultra vires of the Legislature. The undersigned begs to suggest that this opinion is open to serious dispute. If the sections in question are, as the Minister states, matters of criminal procedure, they would undoubtedly be ultra vires of the Provincial Legislature. The under- signed, however, contends that there is much argument to support the view that these sections relate to the constitution of the court rather than to criminal pro- cedure, and if that view sh(3uld be sustained, they would undoubtedly be within the juridsiction of the Provincial Legislature. It must be remembered that these sections do not first appear in the Revised Statutes, but were originally passed a number of year? ago. They were not at the time disallowed by the Dominion Government. It seems to the undersigned entirely unfair for the Minister of Justice to take advantage of the revision of the statutes to review statutes with a view to disallow- ance. Once the year had been allowed to lapse by the Dominion Government, it should be taken for granted that the statute in question is not toi be disallowed. This view, it seems to the undersigned, must be clear when it is remembered that the only course for the Dominion Government now^ to pursue is to disallow- the whole of the Revised Statutes if in the opinion of the Dominion Government any particular section was a fit subject for disallow-ance. The undersigned cannot, in view of the unsettled question as to whether these sections are ultra vires or not. recommend that they should b erepealcd, as sug- gested by the Alinister of Justice. JOSEPH AIARTIN, Attoruev General. Dated the 22nd dav of February, iSqq. lil vicroitiA, 1898. 103 [IK'Ut, Report of tlic llonoiirablc the Minister of Justice, apfrozril by His Excellency the iciice Gorenwr General hi Council on the i^th March, iSgg. :iiacl- lould DliI'ART.Mi;NT or JUSTICii, OTTAWA. .\[; ircli -ih, 1899. terest cnpli To His lixecllencv the Ciovernoy General in Council : His 'I'hc uiidcrsij.;-ncd lias liad under consideration a C(jpy of a Alinule uf ihc Execii'-ve. Council of the Province of Britisii Columbia, dated i6th February, i8':^9 -. •lovin.t;- a Report dated the 13th of the game month fmm the Minister of Fina . and Agriculture, with regard to certain statutes of the said province pas?cu in the year 1898, affecting tiie Cliinese and Japanese. These statutes are enumerated in a Kepart of the undersigned on th 8th November, i8()8, approved by Your Excellency in Council on 17th December, 1898, and the Report of the provincial Minister is in reply to that portion of the Report of the undersigned winch refers to the statutes in (jue.stion. The undersigned observes, referring to the Immigration Restriction Act, 1897. of Natal. coi)y of which accom])anied the despatch i>f the Right Honom-able the Principal Secretary of State for the Colonies of 20lh July. 181 j8. that, while the provisions of the Act are well adapted to exclude paupers, diseased persons and criminals, yet the Act does contain a provision (section 3(1) which would probably have the effect of excluding all Asiatics of the class which would be aft'ected by the British Columbia statutes in question. Before determining, however, what course ought to be pursued by Ycnir Excellency'se Government in regard to these Acts, the undersigneil is of the ojiin- ion that a' cojiy of the Executive Minute of British Columbia and of the Report of the provincial Minister of Finance and Agriculture shouUl be submitted to Her Majestv's (iovernment. and he, therefore, recommends that they be transmitted, together with a co])v of this Report, if api)roved, to Mr. C'hamberlain. in order that he mav submit any observationswliich lie may deem proper for the consideration of Your Fxcellencv's Government. Mr. Chamberlain should be informed at the .same time that the time for disallowance of these Acts will expire on the 8th June, 1899. Respect fullv submitted. DAVm MILLS, Minister of Justice. Coi'V of a Kefort of a i'ounnittee of the /li>uourahle the r.xccnti'i'e Council approved bv His Honour the Lieutenant Governor on the i6th day of February, 1899. To His Honour the Lieutenant Governor in Council: The imdersigned has the honour to rejiort that he has had under considera- tion the connnunication from the Governmeiu of Mis Excellency the (jovernor General to His Honour the Lieutenant Governor, inclosing copies of a minute of the Conunittec of the Privv Council of Canada in rcfercnr(- to a desjiatch from Her Majestv's Principal Secretary of State for the Colonies, inclosing copies of correspondence which has passed between the I'oreign Of^ce and the Japanese Minister in London and between the Foreign Office and the Colonial Office on the subject of certain statutes passed by the Legislature of British Columbia in the sixty-first vear of Her Majesty's reign, and which contained provisions pro- hibiting the einplovment oi Chinese 7,"' passed by the Legislative Council and Legisladve Assembly of Xatal, would not be within the power of the Legislature of this province, but would be within the coni])etence of the Parliament of Canada, being somewhat similar tu the Act ])assed b\ that body imjxising a cai)itatioii tax of $50 on each C"hinese person coming into the 1 )ominion. While the Legislature of liritish Columbia would doubtless welcome aiiv action by the rarliameiu of Canada designed to effect objects similar to those aimed at by the provi>ions in tiie statutes which are the subject oi his coinnnmica- tioii from Ills Ivxcellency's (jovermneiit. it mas be suggested that the provisions embodied in the Imiiiigration Kestricti- m Act of Xatal would not be effectual for the desired purpose, although such legislation would impose restrictions on Ja])- anese immigration that would jn-obably be more repugnaiit to the views of the (Government of Japan than those complained of in the legislation passed liy the Legislature of this ])rovinc('. The undersigned would point out that the statutes passed by the Legislature of this province imposing certain restrictions on tlie employment of Japanese in Jlritish C'olumbia, while, it is res])ectfully submitted, clearly within the power of that body, do not im|)ose restrictit>ns nearly as onerous or far-reaching as wt)uld be the case were rigistr.itioii enacted by the Parliament of Canada on tlie lines of the Immigration Restriction Act of Xatal. which ajipears not to be considered objectionable by Her Majesty's ( iovernment, Xd limitation on the number of Ja])anese ])ersons who may come into Canada is suggested by the statutes passed by the Provincial l.egislaiinT, .Xo restriction is ])laced by those statutes on such persons ])ursuing ;ui\' calling, occu|)ation or employment — with one exception — which is not carried 011 under the authoritv of privileges or franchises conferred liy the Legislatm\' of liritish Columbia. That exception is working in coal mines. the Legislature, from the evidence placed before it, having come to the conclusion that the emiiloyineui of C'hinese or Jajianese underground in coal mines is a source of danger. All that is souglit to be attained b\ the legislation in question is that ('liinese or Japanese ])ersons shall not be allowetl to find eniploNiuent on works, the con- struction of which lias been authorized or made possible of accom|)lishmeiit bv the granting of certain privileges or franchises by the Legislature. It will, therefore, be .seen that the restrictive provisions are merely in the nature of a condition in agreements or contracts l)etweeii the Provincial (iovern- ment and ])articular individuals or companies wliereb}' certain prixileges fran- cliises, concessicjiis, and. in ,some cases, also subsidies and guarantet's are granted to such individuals or coini)anies in consideration of only white labour being employed in the works which ate die subject-matter of such agreements. The same causes which have led the Legi.slatures of Xatal and the .Vu.s- tialian Colonies to take measures to restrict the influx of large numbers of labour- ing people from Asia, exist in liritish ("olumbia. They are indeed more potent here on account of the shorter distance intervening between China and Japan and this province as compared with that between those countrie.s and Australasia and Xatal. [f may also be pointed nut in this connection that the possibility of great disturbance to the economic conditions existing here, and of grave injnrv being caused to the working classes of this country by a large influx of labourers from *>] MciiPl!l\. IMt.*;. lo.-i japan, \va^ ,si. aiiparciil, thu the ( KivmiiiK'ni ..f i aiiada dfi-iili'd it wa.> imi ad- visable that tile Duniinioii sliciuM partii-iiJait- in tlu' ri'visid nvat\ hctwccii Ureat Britain and japan, \viicrel)\ ciiuai priviii'jm> wviv liraiiud tn tlir pcitplc cjf each nation in tlie cnunln of tlie otlier. Ihe ec(Minmic conditions in iiritisii (ohnnlpia and iapan and the standard.'- of livin}>- of flic masses of i!k' people in the two countries dit'tVi' >o wideh. tliat to j^ratit freedom of einployinent to Japanese on >iich puMir \\ork> a-- are auliiori/ed to be carried out l.y Acts of the Lej^dslature would almost certainl\ result in all sitc!i eiiiployment beinj^' monopolized by the Japanese to the e.\clii>ion of tiie people .if this province. riieref.re. while the" Lei^islatuiT lias scrupuloiislv .ab-tained from any interference with the e- iployment of J,ipanr-e by private individuals or cuinpanies, .and has not soui^in to ))ut an\ ri'strictioii on their enfi-afjinj;- in anv ordinary occup.atiim or business, it has deemed it to be in the interests of tlie pro- vince to prohibit their em]il< lyinent on work> or tindertakin.t,'-s for which it has <,^rante(l iinvilej^i's or franchises. That smdi restriction^ are ii.tt oiil\ judicious bnt necessary has been shown by the manner in which cheaji .V^i.atic labour has in many cases entirely suiiphinted v,iiite labour on worlo to which no such restric- tions, as tlio.sL' referred to, were ;itt;iched. While it would be ;i matter of ]irofomid reL;rei if any action of the (invern- ineiit or Le^'islature of this |)rovince shouM c;iu>e Her Maje.-tv 's ( iovei'nmeiit anv enibarrassment or impair its friendly rehuicni^ with another power, it ma\ be pointed (jui that there are oilier conMderatiou> ..f an imi)erial chanicter iiu.'ilved 111 this matter. It is un(|uestionably in the intere.>t> of the I'.mpire that the I'acilic province of the Dominion should be occupied by a lar.ue and tliorou,-hl\ I'.ritish population, rather than bv one in which the number of aliens lar,L;el\ predominated and nianv (if the distinctive features of a settled I'.ritish comnumitv were l.ickin^-. J he lornier condition co'-Ia not be secured were the mas>e> of the jieopK' sub- jected to competition which would rt'iidcr it inii)ossible for them t(j maintain a fair and rea,sonable standard <]f livin<;'. I'or many years the evil eti'ects of unrestricted Chinese imniiynitiou caused great agitation in I'.ritish t'olumbia, and the imposition of the capitation tax of .S.^o was the conse(|uence. ."^ince then greater facilities of communication with japan ;md the opportunities for employment in Ihitish (.ohimbia. arising fn mi the devel- opment of its forest, mineral and tishing resource-, hive led to an inlhix of lajian- ese which has materially and injuriously interfered with wiiiir labour and has cau.sed the Legislature to pass the statutes now under consideration. There is no reason to believe that this intlux of Japanese is likeb to diminish, i )ii the con- trary, there are many indications that it will become larger and that japjinc^e labour will, if some restrictive measures be not .-nloijte'l. entireb suppl.ant wliite labour in many important industries .and be used alniosi o\clu-.i\eb on wcirks carried out under franchises granted bv the l.egisl.attire. .and which are in iiianv cases aided by subsidies tVoni the iirovinci.al treasury, l.irgely with the object of opening up the ])rovince and indticing an immigr.ation of desirable sttllers. The undersigned, therefore, recommends that a rejilv be made t(. the ( lov- ernment of the Dominion that His Honour's ( lovermnent regrets tli.at in the interests of liritish Columbia and of the labouring classes among 'ts peo])le, it cannot see its wa\' to introduce a measure in the Legislature to repeal the ))ro- visions restricting the employment of Chinese and Japanese in the statutes referred to in the report of the .Minister of justice, ;i]iproved b\- ;i minute of the Committee of the I'rivv Council of I'an.ada on ijtii December. [.S<)X, ami that if this recommendation be ap])roved a copy of it shoulil be transmitted to the .Secre- tary of ."--tate for (".anad.a for the information of His ICxcellency's Ciovernment, F. c.vkrLk-corrox. Miiii.\i(T of VinnHic mil! .l^i^nciilhirc. Dated this i.^^th day (.f I'ebruary, .\,D. iS()(). 106 UUITISII COM'MHIA I.K. forwanUntr copy <■! a letter from the Japanese Constd at X'ancouver, in which lie calls attention to certain measures which have been introduced into tiie Legislative Assembly of I'.ritish Columbia during: its present session prohibiting the employment of Japanese and renewiufj: with regard to these measures the objections which he urge.l against the legislation of the same natiu'e passed by the Legislature of that province last year. 2. Her .Majesty's Government must regret ti find the ( iovermnent and Legislature of IJritish Columbia adopting a course wliich is justly regarded as offensive bv a friendly power, and the_\- hope that your Ministers will be able to arrange for the cancellation of the objectionable provisions and the substitution of a measure which, while it will secure the desired exclusion of undesirable im- migrants, will ol)tain that result bv means of some such general test as that already suggested in mv desijatch Xo. 214 of the 20th July, 189S. In any case, Her Majesty's Government strongly deprecate the i^assing of exceptional legislation affecting Japanese already in the i)rovince. I have, (!^c., J. CHAMi'.EKL.\IX. I 1 i The Rt. ilun. J. Lliaiiiherhiiii to lli^ T..\xeUe)ir\ the Governor General. IJowMXG Stki:kt, ii;th April, 1899. Mv Lord. — I have tlie honour to acknowledge the receipt of your despatch No. 54, of the i6th March, forwarding copy of an ajiproved minute of^ the Dominion Privy Council, to which is appended an appprovcd report o^ the Exec- utive Council of British Columbia, expressing the concurrence of the Government of that province in a report drawn up by the .Minister of Finance and .\griculture on the subject oi the Acts passed l)y the Provincial Legislature in 1898 containing provisions prohibiting the employment of Japanese on certain works. 2. The I'rovincial Government represent that these provisions are required by the economic conditions of British Columbia, and they regret their inability to introduce legislation for their repeal. 3. Her'-Majestv's Government fully apppreciate the motives which have in- duced the (iovermnent and Legislature of British Columbia to pass the legisla- tion under consideration, and recognize the importance of guarding against Uie possibility of white labour in the province being swamped by the wholesale immigration of persons of .\siatic origin. They desire also to acknowledge the friendl}- spu-it i. which the representations they have felt compelled to make have been received bv the Government of British Columbia, and regret that after care- fully considering the minute of the Executive Council they feel unable to with- draw the objections they have urged to the legislation in question. 4. There is no difference between Her Majesty's Government and the Gov- ernment of British Columbia as regard,s the object aimed at by these laws, namely, (^o (,,,c;,,^p fh.it^ f\^^^ P.acific province of tlie Dominion shall be occupied by a large and dioroughlv J')ritish population rather than by one in which the number of aliens largelv "predominates, and many of the distinctive features of a settled British conmnmity are lacking. til VII I OKI A, 18'J8. 107 5. 1'Ik' i;n)Uii(l of tli^' ulijcclinii entertained liy Ili-r Majesty's (iuvenuncnt is tliat tlic nic'thocl ein|)l(iyed by tlic Britisli Columbia Lc^nslature for securiuf,' this object, wliile admittedly only partial and incFtectivo, is such as to give legitimate offence to a power witli which Her Majesty is, and earnestly desires tn remain, on friendly teniis. It is imt the practical exclusion of Japanese to wliich tlie (ioverii- ment of the Mikadu objects, but their exclusiuii iiiiniiualiiu. which spccitically stamps the \vhi:)le natinu as undesirable persons. (). The exclusion nf |ai)anese subjects either from the province or from employnient 011 public or (juasi public works in the province by the operation of an educational test. ,sucli as em1)odied in the N'atal Inuuigration Law. is not a measure to which the (Jovenunent of Japan can take exception. If the particular test in that law is not regarded as sufficient, there is no rea.son why a more strin- gent and effective one of a similar character sliould nt)t i)e adopted, so long a-; tlie discpialiiication iS not based spccitically on distinction of race or colour. 7. Any attempt to lestrict inunigration or to impose diMpialifications on >uch distinctions, besides lieiiig offensive to friendly ])owers is contrary to the general principles of e(|ualily which have i)een the guiding principle of i'>ritish rule throughout the limpire ; and, as your Ministers are aware, Her Majesty's tjov- ernment were unable to allow the Immigration Restriction Laws i)assed by some of the .Vustralasian colonies in iSi/') to come into o|)eration for the same re.isons as they are now urging against tliese laws in I'.ritisii Cohunbia. S. Her .Majesty's ( iovrrnmem earnestly trust that on consideration of these explanations the ( ioverumeui of I'.ritisii Columbia will at once procure the repeal of the provisions cr>niplaine(l of and the substitution of legislation on the lines indi- cated above. 9. If this is impossible. Her .Majesty's Govermnent feel com[)elled, however reluctant they may be to cans.' inconvenience to the ])rovince, to press u|)oii \our .M'nisters the importanci' in the general interests of the Lmpire of u>ing the ])owers vested in them i)y the ilritish North .\merica Act, for cancelling these measures to which Her Majestv's * iovernment object on grounds both of ])rinciple and policy. 1 ha\e, ivc. 1, CH.VMIl,i:kLAL\. Cory of a Kcf'uii of llir lloiiinirabic the Miiiislrr of Jiislicc afproi'cd by If is ll.v- ccHciicy tlic (lovcnior iicin-rol in Council on tlic s//' June. hS'oo. 1 )i;rAKTMi;,\T nv JusTici;. ( Itiaw A. 2otn May, 187). To His Ilxcellcncy the (iovenwr (icnerol in Council: The uiidersigned. referring tii his rcjiort respecting the statute,^ of the Pro- vince of British Columbia of iSijS. dated tiie 8lh (.f Xovember last, which was approved b}- Your F.xcellency in Council on 17th December, has the honour to state that as to chapter 49 : " An Act respecting the Canadian Pacific Navigation Company, Limited," the undersigned has been infowr.ed that the Provincial Legislature at its last session pursuant to the reconunendation oi the said report, passed an amendment''' removing the grounds of objection to which the under- signed called attention, and that the Act may, therefore, be left to its operation. The .-\cts which are stated by the said report to be objectionable as affecting Japanese in British Columbia arc chapters 10, -28, 30, 44, 46. 47, 48, 50, 52, 53, 54, "55. 56, 57. 5*^- 59. 60, 61. 62, 63 and 64. As to tlic^^c statutes the recninnienflations of tlio ^aid report h.ave been carried into effect and Your Excellency's (iovernment have connnunicated with Her Ma- jesty's Government and with the Provincial Government. * Amended by fi2 Vict., chap. 12, B.C. Statutes, 1899. 108 liunisil COM MIIIA I.KillSI.A riON. '•r il* If : !-' i I J I'lu' un(l(.i>i,i;m'(l, liy his ivpnrt > >| 7tli Maivli la>l, uliicli \\:i.> iii)|)fnvi'(l 1)\ ^■(lUl• iv\i-(.'lli'iK-\ (111 tin- i.Uli Maivli, suhiiiilU'il (.■uin- i.t iIk' ivply nt tlic I'mvituial (iDViTiiiiR'nt, and RcoimiaiuU'd tliat it hr iranstniuid to llic \<'\^\n I timniii-ablc tiic I'riiicipal SccfuUiry in'r I'l.r tlif i-unsidLTatinn ni ^lln^ \:\- ccllciioy's ( icivoiuuK'nt. 'J'Ikr' has hii'ii ixlVrri'd tn tin.' iindcr.sij^ni'd cnpy ni a ik'spatt-li noni Mr. Chanihi'Hain tu Ndiir iC.scrllency, dated -'^rd Marcli last, acknnwkijfrinj.;- the dfspati'li lif \(iui- Ivxcdlcncy of the Jjlli I'chfuary, .\n. .40, [latiire of I'.ritisli Cnluinhia diirinj,^ the last session prohibitiniL;- the cnii)loynient of Japanese, and renewin.i; with re.i^-ard to these nieastuvs the objections which he nrj^ed a.i.;ainst the legislation now in (|uestion. It is slate iiieiit of Japanese generally, yet they have that effect so far as the companies incor|)orate(l by llie Provincial Legislature and within the ai)plication vince. or am other reasons which occur to him, are such as to justify N our .P..\cellencv's (iovirnmeiil in ai)i)roviiig of the legnslation. in view of the strong o1)jecti()ns urged against it b\ the (iovernmeiit *!tS iu;» imiit, ill r.iiiisli t'.iliiinliia, m| lliiiu>i' or JapaiU'M'. and iliaptir 44. iiititlcl ilic 'rnimway I iioriM. ration AjiuikIukmu Aot. lH()8. Tlu'sc Ait> may. tluitlon'. Ix (lisullciwi'd uiilidut siriniis iiu'Diivciiiciur. TIr' '>tliir statutes mc'iitiniu'd in tin- ri'lxirt ni tlu' ini(itrsi},Mic(l, ni Sth Xnwinlicr la>.t, arc niainlv runeiTiu'd with tlu iiicorpnration of conipanits, and du'v *ann' int of a M'ar a.s^o. In tlicsi- cast's, or sonir of tlirni, doul)tk'>s, i-onii>anii's haw hern orijanizi'd and i)ni prrty ac(|nirc(l. debts and oliHyations incnrrrd and husiiuss transacted, on acnnnn of wliicli ^roat ini-iHivcnitiuc ronfnsion and loss umild rcsnlt if the Ait> npon wliioh tlu'sc companies deju'iid were now (Hsallowed. The corporations tliein seivesand tlu- persons wiiohasc deah with tiuin cannot pro|)eri\ lie held ri'^jjnn si))le for the olijectionahle provi-idn in ilu' consiitnlinj; \(i>. liecan>e this section seems to have in'cn introduced in pursuance of a ],.,hc\ nf the ( k iverinnenl l>i disiiuaiify ( hines-' and la]ianese from implo\nient liy provincial cori)orations. Ilie effect of such a pi-o\isinn also, heiui; coutined !m a Ww corporations, is com p;iratively limiteil. TIk undersi,i,med, therefore, considers that the justice of the case will he met h\ disall, ,\\ inj; the General Act, namely chapter jS, eiicd as '•The Lahour ke,i;nlatiou Act," and als(. chai)ter 44 I'utitled " The rramwa\ In- corporation .\mendment Act, i8(>8;" and on account of the inconvenience, con- fusion and loss which would otherwise ensue, !eavin,i; the other statutes to their operation, with an e.irnesi reconnnendation to the Provincial ( iovernment based ui)on the reasons .stated in this report that at the next ensuinj^ session of tlu Legislature tiu'V introduce le!.,dslation in each case to rei)eal the clause in (juestion. The undersigned fm-fher recomnu'uds that a copy of this reiiort, if approved, be transnutted tS, chai)tered 44- and intituled : "An Act to amend the Tramway Incorporation Act," was received by His Excellency the Governor General of Canada on the 8th day of June, 1898. Given under my hand and seal this 5th day of June, 1899. MINTO. Note.— Mr. Chamberlain's despatch of April, 1899, had not been referred to the Min- ister of Justice and was not before him when the foregoing Report of 29th May, 1899, was written. « 9 .VJ virroKiA, 1M1»C. in riovcmor ture of tlio id 28, and se i)ersons eceivofl by ;, i«(>8. NTD. 1899. mhia, with 1898, pass \n Act to ■ Governor cc, rccom- iL'ii's Privy mce of the umbia and tliemselves 'onncil. , Governor iturc of the ed 44, and received by e, 1898. [NTO. to the Mln- JVIay, 1809, I^lilNd^: KDWAIil) ISI.AXI). SQTii \'I( lOUIA — iSgO. 3UD Session— .^2. \D GKNi.uAr. Assi-mbly. Report of the Jlonourahlc Ihc Miinshr oj Justin; appravcd h\ llis /{.nr/ZrHcv the Governor General in Council on the ivli November, A. P. iSgo. Dlil'AKTWI.M (U- Jl-STICE, OtTAW A, iGtll Oct(jher. l8(/). To His Exeellenfy the Gorenicr General in ( 't)iiniil: The undersigned lias tiie hcMiour in report tliat lie lias examined the Acts passed by the Legislature of the i'rovince of Prince lulward Island in the fiftv- ninth year of Her Majesty's reign (1896), received by the SecretJiry of State for Canada on 15th July, 1896, and he is of opinion that they may be left to their operation without any observations, with the excejitioM of I'liaiit'er 8, which is the subject of a separate report. The undersigned recommends that, if this report be approved, a copv of the same be sent to the Lieutenant Governor of the Province for the information of his Government. Respectfully submitted, U. MO WAT, Minister of Justice. Report of the Honourable the Minister of Justice, approved by Flis Excellency the Governor General in Council, on the /.?//i November, A.D. i8g6. Department of Justick, Ottawa, i6th October, 1896. To His Excellency the Governor General in Council: The undersigned has the honour to submit iiis report upon Chapter 8 of the Statutes of Prince Edward Island, passed in the fifty-ninth year of Her Majesty's reign (1896), assented to en the 30th of April last, and received by the Secretary of State for Canada on the 15th July, 1806, entitled "The Victoria'Park Roadwav Act, 1896." 112 I'KINf K y\\>\\ Mill Isl.ANI) r.K'.l.sl.ATHiN, '■F li ixcilcs a SlaiiUc nl llic Lcgislaliirc ni I'rinct.' I'^luanl Islaml, passed uii Uu- -'ijili April, iS7(), In which it was ciiactcil tiiat a certain jtaiccl of siiurc truiit i>f a uichli iiiii I'xccL'diiij; oiic huiRlrcd lect slioiild i)c vested in liic City ni C'l:arlotle- luwn for the purpiisi' ni a carriage or ruailvay to witat is kiinwii as \ ictoria I'arU, wliich Statiiie was reserved hy tlie tlieii l.ieiiteiiant (Tuvcnior of the IVovince f')r i\h' cunsideratiim nf His l-'NccIleiicy ihc (inveriKu < Icncral, and afterward- ilidy *senU'd lu li> till' ( ii]\eriiiir ( ieneral in Cuuncil. Till' StiiHilc further recite- that lili);atiiii\ apisc In'twetii the i'rDvince and the ii> as to hoiKiduries ni the parcel, uf land referreil to in the ahovi' inentiuned >;itHi!L'; that jnd>iir(t'nt hai« been given by the Supreme ( uiirt of ihr I'rovince in favour of die I.ientcnaiii « i" ^lill jiendiiij^ ii.i the City has consented to acci'i)t, in lii'ii of ili.' land claimed by it mide.- the Maluti of 1X76, a i>arcel of land liounded as set fortii in the pre 'it Act. and it is enacted that the parcel of laiul so described shall be vested in the ' ii> in I'ei' simjile fur the purposes of a carriajje or marlway iro:ii the I'ark to the ( il\, an' 5 that the construction placed upon the Statute of 1X7.S l)y the Supreme ( ourt ts 'tinned. A-i this measure has already received the assent of the I.ieutenaiu (iovernin" of the Province, and as the reasons which led Ilis ICxcellency the (lovernor (ien- eral of the time to assent to the Statute of 1876 exist with rcfj^ard to the present Act, the undersigned recommends that the Act be left to its operation. The undersi>,nie(l further recommends that a copy of this report, if approved, be transmitted to the Lieute-iant Governor of the Province for the information of his noverument. Respectfully submitted, O. MOW AT, Minister of Justice, R of re of be hi: P , Hi ^^^^^^^^B.^.. — 1:^ ''I Ml i-l:iA, tf<9H. li:i lip fiOIII \ |( |( )k|.\ IS,,; kill Sl-.SSIO.V- -,?JNI KAf, Assi:miii. y?.-/)oW ,./■ the U..,iourabl, the Minister of Justiec, at>pr,ve,l by //, kg (unrnor („•;(,/•,,/ ui Cnumil, on the fth Xoiyinlw, ,, To His lixeellency the in'rernor inmuil in Cotimil: „f p'-'"" ''"^''^••^•f'"'^' '';'> 'la.l uiuler considerat.. n -lie Sfatut., oi tlic l^rovi.icc of Prmcc Ldwanl Island, passcl i„ il,e s.xticti. year of H., Majesty's mRu (,8 7' reccvod l.y .1,. .Secretary nf State f.,r Canada on the ,6.1, ,.f ft ne^4 a u L . ' ol opmRm that they may be left to their operation ui,l,„„t a.iv ..l.servation Ihe midersiKned further reconnnends that a cop^ ,| this' re.^ort, if approved his ""enKnl';; " ^''"'"'"' Governor of the piivince for L in,„r;;!S^If Respectfully suhniitted, O. MOWAT, Minister of hu .e. 114 MUNCK KDWAKI) 1S[.A\I) I.K.i .ISl,ATIC(\. biST X'ICTOkIA, i8g8. I. ST SKiSIOX — ,?3HU GliXKKAL AsSI'.MliLV. ^¥■ I: • 1; I, Hi «! un 1 ■ 11 Coi'V of a Report of the IIonouniNc the Minister of Justice upon the Acts of Prinee lidivard Island, iSpS. 1)i;i'aktmi:nt of Ji'stke, ( )tta\v.\, 8lh November, 1898. To His l-.xeelhiuv the C,over)wr General in Council : 'I'he undersigned has had under consideration llie statutes of tlie I'rovince of Prince Ivhvard Island passed in the sixty-first year of Her Majesty's reign (1898), and received b\- the Secretary of State for Canada on 19th August, 1898, and he is of opiniiiii that these statutes may l)e left to their operation without comment with the excei)lir upon .iny jiromissorv note or bill of exclian.ije j^iven for the jiriri' of the if N sold. The undeisiiiiied ai)|)rehends thai the power lo rco-ulate trade and commerce conferred upon I'arliament must include, acconlin.u' to anv limitation which mav properly be i)laced thereon, the authority to ret^ulate interprovincial trade, and this exi)ressioii must be held to include trade between the residents of the' ditiferent provinces. Hitherto, unless it m.iy be incideiitalb-. I'arliament has not dealt with this subject, because, it must be assumed. I'arliament h;is been satisfied with the conditions hitherto prevailing- under which jierfect freediMii of trade has existed. The imposition of an annual license fee of $13 by the I'rovince of rrince I'fdward fsland ;is aj;-ainst outside traders was a coin])arativelv sma ■ r , , , , . ■ ■ niatter, possiblv jus- tified under the power of taxation vested in the rrovineial Lej^dslature, and 'not at all events, in the opinion of the advisers of His ICxcellency for the time beinp— eallins: for the exercise of the power of disallowance. The provisions of the .\ct now in (|uestion, however, seem t(/ 140 beyond anything'- which can be implied in tlie power of taxation, and to impose .-i very burdeiisonie rc-traiiit uj)oii trade iie- tween other i)rovinces and fVince Edwanl island. It makes the rij^ht to recoven- for .t,'-oods sold to depend not only ujion payment of the i.ix, but also upon the l)roduction of evidence that the tax has been paid and that the person directly Si n 1 k; \onrii \m:^ Kl!l!l lulill'S I.K'ilSI.AI Inx. ;. ' .1 » « it ciigaf,red in the sale of the yoods in question liad procured a license as required by the Act ui 1894. The difficulty and expense attendant upon such a proceeding- is reasonably represented \.u be sucli as may seriousl_\- eniljarrass and discourage trade with Prince Edward Island. The undersigned entertains no doubt that Parliament might by competent legislation override the provisions both of the Act coni])lained of and that of 1X94, and it is a serious (jueslion, whether these Acts do not so far directly affect or appropriately belong- to the regulation of trade and c iiitctided to applv only to hnes, foneitures or ].enalucs imposed upon tlie auUioritv of Territorial i/nlinances It can liave n.. application t,, cases arising under the laws of the Dominion it IS. however, expressed m terms so general as to inclu.le such cases, and the under- signed reconni.ends that tlir attention of the Legislative Assenil.lv he called to this section_ with a view to a suitable amendment limiting its applicatio,, to ca^cs within the jurisdiction of tin- Legislature. The undersigned sees no reason to connnent upon the remaining Ordinances and he reromnunds that thev, together with those speciallv referred to in this report, he left to their operation. Respectfully submitted, D.WTl) MILLS, Miiiis/cr of Justice. 01 f 'I I h 120 Noinii wKsr ■:unrioiiiis i.Ki.isi.A I iH\. 1? -I' b2\\) \I( TORIA, i8q.S. ■il. 'III li f ■ ii !! •li ..III 4TH Session — 3kd Legislative Assemulv. Report of the JJoiwurable the Minister of Justice approved by His Execlleiiey the Govenior General i>i Conneil on the 17th April, 181^9. JJl-.l'AKTMKNT OF JUSTICE, OTTAWA, 7tll Marcll. iSqQ. To His li.xeellcney the Governor General in Council : 'i'lu- undersigned lias had under consideration the Ordinances of the Legisla- tive Asesinbly of tlie Nurth-west Territories, passed in the year i8y8, and received by the Secretary of State for Canadn on 4th October, 1898, and he is of opinion that these Ordinances may be left to their operation without comment with the excep- tion of — No. 30 — " An c!)rdinance respecting Irrigation Districts." Section 29 of this ( )rdinance provides tiiat occupants of town lands in respect of whicli homestead or purcliase riglits have been granted shall be liable to taxa- tion in respect of their occupancx of the same, in the same way as owners of other lands. 'J'his section, as the undersigned construes it, contemplates only a personal taxation, and not a taxation of the lands. The taxes would be recoverable in the manner provided by sections 67 and 68, and it is not intended that they should be a cliarge ui)on the land or collected as provided l)y sections 70-73. Upon that construction the section is unobjectional)le. Any interpretation which would charge these taxes upon the lands would give the section an effect beyond the authority of the Legislative Asseml)ly, and this it would be the duty of the courts Uj prevent. Section yj is in terms wide enough to autJKjrize regulations being made whicli would be inconsistent with section 34 of the .Vorth-west Irrigation Act, 1898, and it would have l)een better if tJie power given by that section had been stated to be .subject to the ])rovisions of the latter Act, as the present expression is somewhat misleading. The undersigned recommends that the matter be called to the attention of the Legislative Assembly, so tiiat they make make a proper amendment. No. 39 — " .\n Ordinance respecting tlic Consolidated Ordinances of the Territories." This Ordinance jM'ovide.s for the consolidation of the public Ordinances of the Territories and for bringing tlie consolidation into effect by proclamation of the Lieutenant Governor. Tlie Ordinance in itself is unobjectionable, but the consolidation which is to be made under it has not yet been submitted to the undersigned, and he cannot, therefore, express an opinion upon it. 'i'lic undersigned assumes, however, that it is not intended to enact new laws by the consolidation, and existing Ordinances contained therein will be considered as subject to comments which were made upon them in the ordinary course. 1"!ie undersigned does not consider that either of these Ordinances should be disallowed, and he recommends that a copy of this report, if approved, be transmitted to the Lieutenant Governor of the Territories for the information of his Government. Respectfullv submitted, ■DAN'ID illLLS, Minister of Justice. MKOV I.Kiils'.AIlON, lh98. 121 viK'o.x 'rKKMirroin'. 1 (S98. Report of the Uononrahlc the Minister of Jiisliii apfruval by His liVieHciicy the Governor General in Conneil on tlie i^/th .April, iSq(^. DKi'AkiMicxT oi- JusrirK, ()it\\va. 8tli April, iS(,)<}. To His Excelleney the Governor General in Conneil : The undcrsigiud has had under consideration ( )rdinancc .\' y. 4 uf the Com- missioner in Council of tiie Yukon Territory, entitled " An Ordinance respecting the Legal Profession," assented to on 26tli October, 1S98, and received liy the Clerk of tlic Privy Council for Canada on i.^tii January, 181)0- This < 'rdinance provides in effect tiiat barristers, advocates or solicitors of any of tiie provinces of Canada or of the North-west Territories who on jG\.\\ C)ctober, 1898, were residents of the Yukon Territory may, upon producing evi- dence of good character and taking tlie oath of office, be entitled to practise the legal profession in the said territory. Tiiey arc, lunvever, required to i)ay a fee of $100, ^and an annual fee of $10 thereafter, unless tliey happen to l)e advcxates of the North-west Territories, in wiiich case an amuial fee of $10 only is required. In other cases the Ordinance provides for the admission of barristers or solicitors of England, Ireland or .Scotland, or of any ncr of the Yukon Territory in Council on the 26tli day of October, 1898, num- bered 4, and entitled "An Ordinance respecting the ' Legal Profession," was received by me on the i^th day of January, i8')9. (iiven under my hand and ."^cal tins fnurteenth (la\- nf April. r8()o. Ml.VTO. lM!}fi. \-y,i AN uKlJl.XAMK ltin iif His I'rivy CKuncil of ('aiuida, enacts as fnllows : — 1. Except as licrciuafier otlicnviso providi'd no one siiall practice a> an Ad- vocate within tlie Yuison 'iVrritory unless lie shall have been dnh admitted by order of the Territorial Court. 2. Every person who at ihi- time of the disallowance oi ( inlinanee .\o. 4, entitled "An ( )rdinance respecting the Le^al i'rofession," as.sented to bv the Commissioner of the said Territory in Council on the 26th of October, [SoS, was entitled to practise within the said Territory as an Advocate under the provisions of the said ( 'rdinance shall continue to be entitled to practise as such Advocate. 3. The disallowance of the said last mentioned Ordinance shall not attect nor be deemed to have al'l'ected the rinln or (|uaIitication to practice of any person who shall have been admitted to pmciise imrsuant to the provisions of the said <)rdi- nance previous to the isi d;i\ i.i July. iSoo- 4. The followint;- persmis and no cithers shall hereafter be entitled to be ad- mitted to practise a.> Advocates within the said Ti'rritory, viz. : (a.) Every llarrister, .\dvocate, ."solicitor or Attorney of anv Court in ( Ireat Britain and Ireland. - at the time of ai)i)licatiou, and of his ^no(\ moral character, and U|)oii payuieni of .-i fee of tn'tv dollars. (h.) Any law student of the full aL;e of twenty-one years who shall have served under articles of clerk-hip for ,1 pcriotl of three years within the said terri- tory' with an advocate pracli^iut;- theri . and shall have passed such preliminary and final e.xaniinatiof.s ,is uiay be juv-cribeil by competent atithority. ;md who shall have filed satisfactory I'l'rtilicates to that ettect. and of his .u^ood moral character from the advocate with whom he ^h;ill h;u\ served, upon ])ayment of .n ivr of t\\euty-t'ive dollar,-. 5. ]'"very ])erson hereafter anlirnnil ami inailc guud ami valid by the said fuiirth section. (J. This Ordinance shall come into ePt'ect on the tirsl day of Jnly, iHrji;. JUUX J. McGEE, CU'fk of the I'rix'y Coiiiuil. lit Coi'V of Order in Council disallowing Yukon Ordinance No. ii of /.Vyy, published in the "■Canada Gazette," 15th April. /6'pP. ^'ol. .v.vxit. So. 4^. At thic Govkkistment House at Ottawa. Friday, the I4tli day of .April. i8(/> PRESENT : His Excellency the Governor General in Council. Whereas the Commissioner in Council of the Yukon Territory did mi the 7th day of December, 1S08. pass an Ordinance which has been transmitted, nnmbered II, and entitled "An Ordinan'.e respeclinff the sale of IntoxicatinK- Licpiors and the Issne of Licenses therefor" ; And whereas the said < >rdinai.ce has been laid before His Excellencv the Govcrnur General in C(nmcil top^etlior will; a .Mimile of ("oimcil recommending that the same be disallnwcd ; Now therefore His Excellency the Governor General, in virtue of the au- thority conferred upon him by Section 7 of the " Yukon Territory Act," 61 Vic- toria, Chapter 6, has thcreui)on this day been pleased. bi> and with the advice of the Queen's IVivy Council for Canada, to declare his disallmvance of the said Ordinance, and the same is hereby disallowed accordiii,i.;:y Whereof the Commissioner of the Yukon Territory and all other persons whfjni it may concern are to take notice and govern tliomselves accordingly. JOIIX J. MciER, Clerk of the Priz'y C'ouiuil. I, Sir Gilbert John Elliott Murra\-Kynn\nm()nd. K;irl of Minto, Governor General of Canada, do hereby certify that the < Ordinance passed l)y the Conmiis- sioner in Council of the Yukon Tcrritcy numbered " 11 of iiS()S," hereinbefore referred to, entitled '"An (Ordinance rc; j., cting the sale t>f Intoxicating Liquors and the Issue of Licenses therefor," was received bv me on the 21st dav of March, 1 890. Given under my hand ami Seal this fourteenth day of April, i8()o. MINTO. in 1 -!!''. I -.T) iliil b) tlie mtncil. of f,Sw, Xo. 4 J. Ki.i'nkT (»/ ///,' l/oiuniiiihlc llif MinisUr .'j h (id-rnior iinii-ral in iOiiihil on the f>tli 1899. 1)11 tlic 7II1 numbered i(jilors aiiri 'llcMK-)- tlie inmomling of the au- U" 61 Vic- ; advicf of if the said cr persiins ouncil. Governor ? Conimis- nx'inheforc '^ Liquors of March. 1. NTO. l)|-:i'AkTMI..\T 111.- rs'i 'V // /'.ni';/V;/(V the I S. ,. .11 i.i tion Aimrica o ipy , ,f ami till' Act, each estab- The undersi>.iu-(l has tlie limiMiir i,, ,v|„,f, ,,, Section Terriloiy Act tlic Coiinni^ioner ni the Territorv in Oiuncii is ijivci at make onhnaiices tor the ^jovcriiiiient nf the territorv, and bv the foil. nvii aco].yol every such onhiiaiice i> to be despatched jjv mail to tlie C,.^^ >r m Council wUhiii ten days alter the iiassin^ thereof, and it is provide.! that am Mid, ordinance may be .h^allowed by tiir (loveriior in Council at aiiv tim.' u,f|ij„ uv",, years alter its pas>a;;e. The corresp.Midiii); provision of the Britisli Xi.rih and of the X(jrtli-\vest Territories Act, requires that ;i enactment siiall lie transmitted to the Secretary of Stale hshed practice with rei,^ard to all die provinces and the North-west Terri- tones IS that the .Secretary of .State, iipn,, receipt of a certified copv oi ;, s,,,ini,. .>,• ordinance, shall refer the same to the Minister of [ustice in order that he nnv consider and rqH.n thereon to \.>uv JAcellency in Council. The dntv oi advisinir upon the egislative Acts and proceediiiRs of each of the Le^MsIatures ,,f the nro- yinces ami the Xordi-west Tenitories of Canada is inip,,sed iipcu the Minister oi Justice by the Act respecting; the Departnieiu ■>{ jnsiice, Ueviscd Statutes ,,1 <•,„ ada, chapter 21. The undersipied considers that a simil.n- dutv devolves up.Mi him vvidi respect to the ( )rdiiiances of U;e Commissioner in Council of the N'uko,, Terri- tory and that those ordinances ought to be referred t(j him uption is to be made which in the opinion of the undersigned is justified neither bv the constitution nor the expediency of the case, the reports to \'onr Kxcelleiicv i,p„n the Yukon Ordinances ought to be made bv the undersigned, and he recomniends, therefore that It be made the duty of tlie Clerk of the Privv Council, upon receiving from' the Commis.sisoiier of the "lukon Territorv a copv of anv ordinance, to transmit the same to the Department of the undersigned for consideration and rei)ort. Respectfully submitted, DAVID MILLS, Miiiislcr of Jiisliic. .1. ■I m fii I'll Cli l'.Ull,l;,-i OK MTM, TAKI-K ()!• |i|S.\M.n\\K|. A( Is, I MMi -'.l,S M \M Tor. \ A.'t. Ti'l.. lii'llxiill. till' I IkiI |iH\, nf l|r|.,|t Mllllnli I "if 'lllKtU'l-. (iO Vii't.. 1S)I7, All Act i.»|...iiiii.'roi|«,ni Alt i» :,lii„ ,,, '••ll'l'' -• tjcillrt illCiPl|K,riitl'll out ,,f liil-'. Miiiiitiilia, ■( I'li'V lliri;i| Liyiilii l."p \ii\ ., |H!I7 li'J s Mill,, |,S!W i;.^ I \|i|il, IS'IS IN I'.lirilSII ( n|,l \IH|.\, •11 Vi.., 1,.!.,^. An Ar, ,,.1,-u,,,^; M ,|„. |., „„, „, |,„,,„|,„„,,. ,„ ,,,„,, „ ,„„ I,,.., s v,,,,, |,s.,i,s V, ''"''-'*• '•iii|.l..VMi,.nt „t ( |„iM>.. tint „l,t. |-,.liov mC .\rt, ...iitnirvr .M..1 IS1.I. lir: m- .ln|iiiiii».. |,.i„ni- il l.\ il li ft lu ..|„.,„ti,„i. |iiivatc Art». (>1 Vict., IH!W, All ,\ct t.iiiiMcinldi.'I'iuii. ,|u l,.wlM- ■^'■>" I hni..^,. ,,!■ .Ia|unr.-c iicisdiis nil i1i,m' I lii.y aiv within r,.ini„trii(i- cf I'mv in- "Mik> (•.■uri.il I. II iiiiclcr KruiicliiM's vv.t\ I,i';,'i,s|iitiiic, l,'i,iiiti',l l,\ |'rn:ili- Acts. «( I :sHH\i;i). I'.KII ISII '111 a.- to » lii'- .i'of I'nuiii- ' BILLS. (.'OLIMr.l A. lliAv ili'iilt with \u iiitiiin tiiUi'n ■rAiii.i-: OK iii;si;i;\ Kh iiiLi.s, 18'.)ii-98. IL'O lliU'lill- llM' \oti Diiti' uf Ki|Kiii ,if ., MillistlT cif .hiMtici'. , ''^''' I'l'iivisioiis iiiif;lit iiili if.-if w itli IiitiTiiatioiKiI n hi- ITi Oct.. l.s'.IT 7:1 tiiiMs mill l''i'(liral iiitiTcsts. I,c(j:i^lati'iii aifi'Ctw '.''_• Di'c, lS!t7 h;( I iiliiiis ami tlii'icfnrc ultni rii-'fni I'nu iiuM.-il Lrij- i.slatiiri'. ; 130 PROVINCIAL LEGISLATION'. •l»! TABLE 01' ACTS, 18'iG'JS. oNTAKlo. Art. Titli' Kc;iSi,lls foi'()l,j,.>'ti(JIl Cll-CollllMIHt, I'; '•if 59 Vict. 1S9(;, An .Vet i-.;s|».c:tinK tli.. Cana.li;.ii Hi^- Sc,-tii)ii L>.-),l,,ils witliMiLjcetsof c.ipvriLH.tJ oha).. lb. t..,,<,,l Kxl„hiti„n. ,u„l i« tl„.n.f„r,. u/lr„ vm. .,1 l'rovi„c,'al Tif';,'!."!:!!!!!'!'. i 6(J Vict 1S()7. .Vri Art to pnivid,. f„rtlir coiis,.li,latioii N,, snl.stantial altcratinn i„acl.. in Sfihitc' cl,a,,. .i. „f ,1,.. St.tnt,.s„f Ontan.,. I.aw„f tl,,- V'o.Uw. an,\tuJrZ^]"!^^ miMit.-i liav(' hccn prcvioii-lv coiisidiTcd liy I •■ivci'MiiH'iit (if Caiiaila. Clia|i. \i Cliaii. It.. .\m .\i-t iv,s|,rctin- tl].' Ki-li.rifS nf l.s n.ii.s.ilidati.ni .,f I'mviiirial .Stimiti's' '"'■"'"'• I re,s|.t.ctiii- Kisliciic.^. l)n,M„,f ,.,„|f,,n„^ j t(l Vll'U-.S c.f Dnlllilli.lM (MHi.nillit.Mt iior i coiisistfiit uiHi Sii|Mi-iih' Cc.urt .liultr-i I in.'iit. (^icstiiJii still ..„/, ;,„//,■,. I .\n \ittc,iiiak.'c..i't,iiiiaincii.li]ifnts toSrctioii I in .s,, f.-ira.s it iiit.n.N to atrcci tla-Statnt- Law... K„val prcroKativc „f app,.al to u|,icl party is entitled iiiidei- lioiiiinioii Leiris latiire is n/tni nr(s. Chaps. ;!S, itii. !I7 & lis. Deal uifh i|iiestioii of .Miens. Chap. km;.. .An .\et to eiiahle Edward Speneer 'IVenelies on siibjeet of legislation uitl, .leni.son to develop and nnprove a respect to lieds and uateis ,,f livers water pin ileff.. on the KatiiinisatH|ua claimed to he the exclusive legislative Kiver. anthority of I'arliaineii ""chii'a """"^ San 'lose s'de!'"' ""■ ''"""" "^ ^'"■l'''^^i«i->'"<"f«<-cti.maare,,M,.sti„nal,h...,j Chap, .".n An .\et resp.'ctin^; the Chatham Citv , ■ Surl.nrl.an Railway Company. ' j Provision authorizing crossinK of thi's,. ci'^M.. n;, An Act toin.,M-..,tethes,nith-s ..-alls, | :::'^:;^:i:;t anihii^iv^ori.!::;:;;,!;::;! Kideaii and hontheni Railway C(.. Parliament. imnionj dl m in iti •il'KHI'X.'. cliaj). !l. 5!l Vict.. IWHi, An .\et respeetintf the Khcti.,,, of the Certain provisions relate to offences „nn- T„-,slative Assemhly ,.f t^iel.ec. ishal.le under Criminal Code, ISii" ""l appear t<. l.e ,,/t,;, ,ir,.. of V,.,.rin'cial Ijegishitiire as trenching on f 'riniinal Law. Chap. 7;!.... I An .Vet to incorporate the Dnnninond , ,, ■ . ville fivdraulic anil .Manufacturing ' '"; i^'.'iiis relate to rivers, claimed hv Conipanv. | l>i.nnnion under li. N. A. Act. and authority to construct works in iia\i- Chap, 74 i.\n Acttoineoriior.itetheCoiilonL'eaiid ^''''",''' .""t''''" "ot within Provincial Cro« Kiver P.ooin Co. (Limited). j ■mthority. tlO Vict., 1S1)7, An Act to ain.iid ami cim.solidate th,' •.'Venches ,.n sui.ject oi ciiap. (i'J. Acts res|.e.rti,.i] J )- «//,-., M,-..-iu l- cliap. 17. Sf;itiit>',- riitillcil : ■' 'I'll.' .Iuili(;itmr liiniliiij.' Il,i- il;iss fi-iiiii whifli .liiilui- cif ■\i't, IS'.H." till- .•^ii|.i,Miii' C.iiirt niny U,- <,-]'■, t,-,\. ^'■"\ I' -ili'i'i'iih ("iiiiiot \iv liiiiiti'ci liv I'rin iiicinl I iiiiitiiii lit. Chap. 1.. Cliap. It. Cli:i[i. !I7. All .\(t IVSpCCtillS,' till' Kxi'ClltiM' .\(l- St.ltUti- i- ^iliiilMl li. .'ll \'iit., cll.lp. ."i lnilli>tnitiiill iif till, hius.it tlli> I'mi- (Ulit.ii inl. l,.-;.'l-l.ltiii|l U|.lirl.'l liv I'lii. ^iiiC'M. \iiiriil ('iiiirt- ami by .Sii|iiriii,- '( uurl. .S'm Itciiiiiiiidii anil I'niviniial Li'u'i-liitiun iHHT-y.-i, pp. L'oi;-:.'!;!. .\n .\(.t til pi"\ iili- f.ir till' siipplyin^r tin 'I'lnvn iif N'lirtli Syilmy with wati-r. An .\(.-t til iiicdi-piiratr tlii-l )Nfiiii| W'atr anil I'liwiT Siip|ily Cii. i Miuiliili. ('Imp. IIH . . . An Alt to iiiiiu-puiati- tin- \iiiiiij; ISrntlii'i-s Ciinipany ( Ijiiniti ill. Siitiiin- nf .Ai't autliiiM/i rMij-tinitiiin nt nrl.iin uniksiin iiviT-., Is I,i -islal iiin allicliiii,' i iwrs wliirli iniili'i li. N. A. .\cl, ail' i-laininl liy I ).iiiiiniiin. 50 Vict.. IKUri, An .\i t til mcorpnrati' tlir Hoiiir l'"ir(' I'owi-rs >,'rantci| us tn lnisiiicss df Kin- ami ilia|i. ',13. iniil M.aiiiif iiisnraiicf (,'onipany .Marine Insnranci' ai'r prai licall\' iiii iLiinitcdi. liniilril. ami ('iiijip:iiiy i, antli.iriziil .n ilii Malllii' In-iiiallri ali\uliiii- in tlir wiiilil. I'.nsincss aiiiliiiii/.i-.| to III' iluiii'i 1 is tliHivtiiff nut stiirfly i.'iintini'il III pro-j S viiici' r.. .\. ,\. liniils jun-ilii-tiiin of; I I'l'inimial l.iu'isl.itiiir a- to inroipoia ! lion of i-oiiipanics. i GO Vict., l.'^HT. .\n Act to lApropriatc lamU for an .Vet olijictnl to !■> pi til h.n. r- as lii-injr un-' chap. ,'i. Annual I'rovincial Kxhiliition, necessary e\eici-e of power of eminent! 'loinain, takes lanil of citizens for no' j oliject of piitilic utility, prevfiits lanils ; lietter suiteil liein^' taken, ami on other uroimils. ( )ii e\;iiiiiiiaiioii eon^iilereil not within iimloiilited anthoiity of I'lovin- cial Jieyislature. ;fi .All- contain -.etioiis l|ealin^' uiih .|ue tion of aliens. Chapters IV. .s], For titles of these .\cts. So paf;e :!■_'.. M'J, s:{, 1)5, lOL'. 103, 104. 106, I mil, 111, 112. 1 ! I ^ -i , . ' Chapters .V_', ii3, i'-!'8 6Vn//» //-,/. N()\'A SCOTIA t;„ir/„,ini. Act. Title. l{i':is(iiis f(]r Ol.ii-ctidii cpi- C'diiiiiHiit. Cliiipti-r 'J. . .'All Act t(i ;iiinMicl and itjtisolidate thi' Act iilij.cted to as |irn\i(lini; tliat Cuiinty Acts ii-.s|«-iMiiL^' tlir I'niliato Courts Odiirr .liid),'cs sliipiilil act a< .Iud|,'cs c'lf of Nnvii Sc(jtia. I'rnliati- witlmiit any rcnunirratiiin or tnuollin^; all(jvuniTs. Act i-onsidcrod ■ as i III ni riiiK of I,( ^:i. l,a\c |„nvcr to IcK'islate as to nuniliers : , constituting the panel of tJiand .liirors ; I not free from donljt. '■|ia|i. 15,{, , , An . Vet to incorporate the >raritinie Powers conferred 1)V Act wan in excess of I Transportation and SalvaKe Company antliority of a }'r(")\ incial Le^jislature, as age. ;si; 41 (liitniti .» it int<'uds to .'>'> I Law of Kvideiice ill relation to the make the evidence of husband and wife evidence of husband and wife. adnii.ssable in divorce prweedings is iilti<'JG-!i8. TABLH i>F ACTS, \^w.<.>s—Co,„l.,l. ■'/. 133 t. IVk". > 1 A.t. Title. Hr.-.-.n- I.tDI, rcli..l| , rC. iiiiiiiiit. I':.J.'.-. ('Ii:i|i. ll.">. ... An .\i'l ti. aniiud :«1 \'irtoii:i. cliuptfr ()l..ii'( tinii inipl.' ;i~ i.. inpi^ir. ..i th. .\(t. a'.' •JS, iiititiiliil : " .\ii .\it tn iiutlidrizr lnit a- |.-^i>laii'U . . iihI'Imim 'i 'I i- i\ till- Citv Ciniiiril (.f till' <'il\- cif I'"iv- chisisi-ly within luii.-iliiii'ii "I I'louii (Icrii'tnii t(i a,<»c,v- fni- aKi'iciiItural c-ial [■i^'i.-latiiii', Act lift tn ii~ i,|., rata ii. purpu-irs." HI Wei.. l-^IIS, \ii .\(;t i-i'latiiitf III lln- Tnwii of I'mv i-imi- "f .\cl i-iiiit.iim il in Si'i'ti.|ii 1 c'liap. .'i."i. ' 'hatliani. 111. rapaMi- iif a r. .n>t rial !■ ill ulnrll wiuiM . i.nti r upiiii ■rii\Mi I '■■nnril p"\Ma- ill lAri— "f tliii^i \iliiili ina\ 111- ;,'raiiti-il liv a I'liis inrial 1,i-t:i~latiiii'. MAMI'OI'.A. (11 ViL-t. 1S!IS, All .Vrt t.iaiianil lln' .\l.-init. l.a Act Ol.j.itM.n-^ nwd aKaiiiM ^.■.■ii,.i, HI. lli^t , .,1 ii:,'liisaM.l sceuntic- of \\ ii'iiipii,' Water, '""''■ Wi.ik-. (• l.a.iv ami l...n.lli..lilers aiv in. iu.li. .'ll. ( lliieitinii~.iivi|"i mill iiiat- t, I fcicuiisiili lati.iii "f I'li'^ iiu'ial 1.1 ji- litnic. ,iial All I. '11 ti) it- ■laiiMii. jiitrrisii cdu \ii',i A. .V.t \'ict.. I^'-Mi. .Vn .\<'t rispectiiii; (■n-npiiainc A — . S. ni..ii 17 api-a I'i.ctiiin-. ' 'iiiiiinal l.au Mtf..-t Mil' -lliljl Ct "t cliap. 10. CI lap. L'l. All Act to prc-clW the Kore,-t- frnlll |lo,;l,t|llI -1 the pile !-i (lest; net inn l.v tin-. 7 'an haM • Ih d a- lo i,e,ua\- i- v, ha! l!aihva\- .\. t of Caliaila a|.| Cliap. .'t; The Miiniciiial CheiM- -Act. I - clii-ii- I'laml ill ■. i :il|.a,.. I, Soiia , if . ~ u.-l- » ha il \ cilild M;.on Meliii i- • ' '■■■■m :I- an .,. pivsMii in tiiiii- -.1 ^1 ■• I. : '-to iiichal. anlhoi'il.v \\\nv\, I'lm m. lai l.eei-l.il uii coiilil no't 1 onfi ;. <'liap. ."ill \n .\ct to iiiciivpi irate the .\llierni Water. Klictric ami Telepliune C'liii ]iaiiy il-iiiii!cin. \-»iiini !i. le.M-lai. » I r h o-a 111 to ri V ers „hah arc I ia-li 111 !■■ haic liconiie Chap. -Vi. .\ii .\ct to aineiiil an Act to iiicoipor.itc .|t\.,| the I 'nmn Minlcilhe thcCiiiiHiliilat.il Kai'uay ami Lijilit '|, i,^- y ^^,, Ciiiii|iaiiv. anil to change the name thereof to the I ■oli-oliilalc'l lialluay < 'oinp.'iiiy. CO \ict., \S'.\7. All .\ct to aiiiinil ami i i .iiMiliilate the Seel imi .'il a-niin- to lAenipt pir>iilis fioin ,.|,.,l, 17 r.inv nlatin- tol.iinat!c.\^vliini-anil ciiniinal pioivcilini.'s « iiicli are ant ne ''■ the care anil cu-toilv of the lii-aiii. liznl l.y I lominioii Parliament, anil i- ihcnloi'i "''/•" I'l-'.-. Chap. lij. .. All .\ot to inrcirporate the South i ,•,,,,(;, i,, -.ctioii- proMilint,' penalty lor Koiiteiiay Water I'lAver ('uiiiliaiiy. | ,||j,|it.i,,i|„ injury to property of Cone I paiiv. I> leuisliitioll le.speetillt; Cri- Chap. fi7 \n Act to menrporate tin (lkaiiat,'aii niiiial Law and therefore ..//m '//•(.<. Water I'liwir C .inpaiiy. i ' M m m 134 PnOVINCIAl, r.ECMSLATIOX. TAULK ()!■■ ACTS, l,s<)(i-'j8— r,,,,//,,,,,.,/. r.lilTISlI ((il.l MlsiA c,„„h„l,,l. Act, ''llul'. 1'. Title lic.iM.ii- f,ii()i,i,-,ii.„i ,,r (■.,ii,iiii'Ml An Act f-ltl|. lH.ui|„,|,-,ti..,i ;,l|,| l(-M l.'cii. lMsc,,|„,,r \cl nlM, ■,i-t..,,n,vi,l,. t,„ I fa.lMiK Cnri„„;,t ,. l„. i„c-,„|,„nitc,l midcr aullinrity „t' |',', .Igc, SI . nice. I'r'■ ■iii'l ■■ir. '."/■-' .'...,■,.1 i|„. l„.;..i,|a- '''"'!'• "' ^''.^'■,' i''-|'"-l'n-tlieC„n,i,li.-,n I'.-.citic |i i- .,//, , ,,,.,, ,,,■ |.,,,^ ;„,.;.,, , ,„,.: , , , NaM,ati..nC,„n,,anv,I.in,.„.d,, ^■y^n.\.n... J^^^:^Z::^\^'.^;';::;Z ..! Iin,' ..I >ti .■ii,i>|,i|,si.,,nncctiii;.- |.ro\ince v> itn any cr . .th,.,- , ,f tli,. |.i,,i i,',,,.-. Clia|.t.r. Hi. ■M.W.v tiM.s ,,f tl„>,- .\cis, ,s, , ,,,, s,; ■n,,,,,, \,.|. ,,,„,,,;„ , ,, , , ,,. \\. -li;|,N, ,-,(1. an.l .-^r ' • -*'i- "'ii'.i 111 i."^i~i..n |.i-..iiil.iliii- .-,L'.(;i '■ .i.i|.l..in,.nt ,,t 11, Ml.-, ,,|- .l.,|,;,,|,.-,. l.^ c..ii,j.,iiii,.> ni,.ii(i..n,-,|. riilXCK I.DWAIil) I'-LA.Mi. cn,i|.. , I.I K nincnr.d t,, tlic tr.'i.l,. ,,C tin- I l.niM-iiins iii-c 11 I i.in, Iiii|..,s.sili| )-'iii.ds .,,.1,1 ill I', |.; 1 totals t..Ci,|l,.,-t |,,iyil|,.|it ,,f c ..III a In, I!-,-, I I if Mil I..1S tailed ... . . , M" II I" i-..n..^tnn.- 11.11. It lcstll,-tll,^Mllclif,dlt..f lli.l.ler „f liillnf .■Ncliai lemil |.ninii,s.s,iiy n..t.' trans 111 niilinaiy c..ursi. i.f ' I u.^^inc^'i. ti. ivc'iivcr ain..iiiit fr.,iii maker .ir cndc! niilcs- |,i-,„,f \iliicli Act.s awi-n. .Minist.M- .,f .1 disall, i-c<|nires h, ."aiKv ..t .\ct. I ii-ticc ii.ci.ininciHlcd indi-.l in IWili. ,SV lit same was jiaKc 11(1. (Jl \'ict,. I.Kli:. An .ir.l Onlinaiicc \,). tics. xoinii WK.sT TKi!i;rn.i!iK.s, inane.- r.^-p.-ctinu- MniKcii.uli- i.tiicstii.n uhctl: icr in.u.rs t;raiitcd tc. IIS miiniii|.alitic,>t.. pas- l.vd laihvays. lan liav,' anv ai.i.l railways under ,.\c|ii- I'arl lament . if Canada, msi-i.-pcctintr ipplicatiiiii ;,, ivc aiitlii.ritv uf Or.li n:ini-.Xi,, 17 .\n ,,nl inane,' ropi'itiny ili,. | l.-part I nicnt ..f I'ui.lic W,.r|.: uwer cinti.rre.l ,,n ('..niinis.. ■ Wurl ■ to ,-l,.p ciiistnu-ii j reiiiuvc wiirUs in any riviT uli ilistt-nct navif-'atiun is ulfrn inner (,f ll,s or, nil; siil.jctt of navitratiiin is sive snlijects fur J)(i /'" nn^, as nil.- of tlie c\cln- iiiiiiion li'^cislatiun. TAnr.K di' vers. li'^'.Hi.lS'.),- 1:55 lis TAI!I,I'; i»F .\<"rs, \K[)>■,^^s—r,.„■■/u(l■'l IKIIKrinlMKS (\,ii./,„l,.l. •IK''. Act. Tlllr IJi a>uii~ lor Ol'ii't'tioM III ( 'oiciiin lit. I'ju'i < >i(|iii;UHi' Nil. .■'•'! .\!i iiiiliii.uii || ii>|ii ci I !_ .1 -■ . • ill. •<. illiill I I allllliTI/.. - .lu-lli . -Hi lie I'lMii 11-^ III tiMii..^iiiit liiir-, iiciiMJtii- mill imtii lull-, til 'riifiitiiiiiil Si-i ii-tiii V . Ii i~ .■i->iiiiiiil tli:it this |ii'ii\i-iiiii ;i|i|iiii~ tn tiiiiv, |ii'iiiihiis mill l'iirfiMlim-> iiii|iii-iil iiiiiliir iiiilliiii ity iif ti'n-iri)ii;il iniliiiiiin'r?' ami lint tn iii-i-i .in>iiif; uinliT .lutliority' iif I'jiiiaiiiiiii. ' liillJ I I ML:,lliii|i lllti l|irilal inlJ lll.il t.ln- ini|.iiM'i| liv! I'JII >il-tiilll L".l Wlllllll 111 I liali,'! I ll|mll 1.111. U Wiiulil trnr vctiiiii .111 I'tl'ii 1 liivmiil aii- tliiiiil\ I'f I'lmiiifial l,ii.'i-l.itiiii-. Siii - ti'iii 77 i- \\ iili- iiiiiiit^'!i 'II .Hit Iiiiri/.i' |l-f.'Ul,ltl'lll- 111 illt; lliaill A Imi M Milllll 111' Mil iill-l-li'lll wiiii Ni.ltil "i-I I I nj.ltinll .\i 1. IVis, I li, |iii:uirii Nil '■•'.> An iiiiliiiaiiri' ii-|iiri inj lia .n-nlidal ■ l'iii|ii.-i-il ■■nii-iliil.ii i .i -ni.iiiiM. il. 1 1 i- I'Ji I'll I liiliii.iuri- III till' Ti I iirni II-. ri!-~iiini'il it i- nil' intiiiili il tn iii.u'i iii'« law-i, iiliil i'\l-l 111'..:' I iriiiiiaiii 1'- \\;II In- ('nll~liiiiri'il ,IS >iil > ( I tic rii.iiijl.il'- 111. air nil tlii'iii ill til. Ill liiiarv I'lini— .. Iij \'irl.. l"-'.!-.. .\ll niijiiiiilHr n I li'iliiiaini Nn. I )i-lrii t>. :vil. Ill 11. < i. • 'JC I'M I i ' I si IX I ) 1-: \ A I'Ai.K. Acadia !'iil|. and riii.cr .\lill> (•.,iii|.iiii\. All In II r|».iiii.- i\..v,i S.i.iia, l.s',l7i . 1(2. ;t;i Act. •hl Administratior ' .-of Kx.Mutur. ,,f |'i,,mi„-.., A<•M.•.-ll.■^■till^'(^■(,^il Sn.tiii, IWMii . i:, Alberni Waiii- Klrctiic an.l Ti'li-plinn.- ( 'ninpiny, Act In iiifni|i(ii'iitc (Briti^li ('nliiiiilna, ls;it;i., . 7:, Assembly. L.(ri>l.itiM-. i;iirh.-c, Act r.>|«-(tiiij,' Klictinnsi.f K^iii'lici', IsiM')) 7 Assess f'.r A^'i-iciiltiiriil |M1i|k,sc-. Act t.. uiim n>l \c| li. aiitliori/i. l''iv(|ciicl..iL (,'itv tn (New llniii>« ii-k. IH'.ITi. :>2 '<7 Associations, <'nM|,ci-ativc, .\ft ics|...ctiiig I l;riti.'>li Cnlniiiliia. l.S'.Hi). 7.( A.sylunis. I-nu.itic. cin'c ami ciistnily ,,f Insiiic. .\ct w aiiiciid ami cnn-nlidatc r,.iu> (l)ritish Cnllllnlii.'l. IX'.l'l Sd B Benjamin .S. I'. ( ■.■iii|,aiiy, .\i I 1,1 III,.,, i|»iiMi. I .N'nva .">(■'. tia. I.'<:i7i ;(•_> Boom I ',,!,, |,.iiiv. Nnitiiwc-i. Aci ti ,-ii-Mli.lal,, \c.. .\ct> icl.itiiij; t.,iN..vi I'.rmi-u i.k. I.s!i7i,. r.l Bridgewater I'nm r (',,iii|..iiiy. .\, 1 i.i iii,,,i|„,iat,. i\,,va.s,...tia, IW171 :i'.'. :;;t Britisla ('..lumliia, I!i-\i>c(l Statulcs ,.1, All t,, ...m- ,•(?., I In 1 IJriti.^li ( 'iiliiinlii.i, i.S'.I.Si s,", Building .cml nthcf Lnaii f'.ifi«initiiiii>.. .\,l I i!i-nliilal,' anil aiiaipl I,a« n |t >iitaia Canadian I'.i-ili'- .\.i\ iLMtnin ( ' |,an\ . .\, 1 i.s|., , Imf; lilriii-l, I ■..liiiiilii.i. ISdSi ,s.-,. 1117 Cape I'll, Inn I 111 r,,||||,;i|iy, Alt t,. ini,'i|i,.ial, iN.iSii ,Si ,,tia, lsii7i. ;{;( Chatham \\^,t. I 1 ■i,iii|,ain. A'l In ill' .,r|iMi,,i,. I N.na Sciha. I.V.IT; .-,1 Chatham. Tnu n "i. Act tn :,\i<\,. n/.i 'Waui ('.iiincil 1,. |,r,n i.|<. uat.-i- urn I,- l^i . \,\\ Hi iiii-u ak '■^■'■' : .M Chatham. TniMi. nl a, t ici,, in- i,. (\. w r.rnii-«ick, l.^llsi , , .-..s Chathiim. < 'il\- ami .Sniiurl'aii IJailu.iy ('niii|iain. .\cl r,-|i.., till- l( >iit, 111,1, l.stiVi 1; Chinese ni .h,|.aii' ■-■ |i,i~nn-. .\i t ivl.ilinj,' |n , iii|,l,,Mn. lit ,.|. .Ill I'lil.li.' \\ ,,iK-~ I l!iiti-li ( 'nliiinhi,!, l'~''"' 77>ii. .^:i. SI. i^i; 1117, hid City nf Si. Il.nri. iiic.,i|,ni:iti..n .,|. .\cl t ii,l .(tul , ,.n~, ,li,lat. \,t ,■. i\iii, 1„ ,■. |s:i7i ;i Civil I'lnciilili. Cnrl,. nl (^Incli,,, .\il l,~l„, till'.; .1,1,1, .I,,,. i.s!l7'.. ,,, |(| Clauses. .Mniii,i|,al Act 1 I'.iiti-I, ( ■,.lninl,ia. \>^'.li\< 7.-, CoatiCOOlC. l-llcitlic hiu'llt .lll'l r'.U.l ('..ll,|i,lll\ . Alt t, il|i,,l |,"la|.- '\l||' n, , , l,Si»7i Ill Code "t ( 'ImI rrnci',|iii,"f l^liicl.,,-. All i,'-|'. ,11111,' H.liicl,,,-. |,s!)7. ]|| Companies. -Iniiit St", k. .\it t" amcinl cli.iiit.r 711. l;,\ i,,,! .Siatnt, ~ ,.l ..N";,, .-<,,itia. lS!l7i. .. :i-J Consolidatioi:i nt .Si,itiilc- nt ( iiitari... .\,t I" |in.\ ill,' t'.r lOnt.iri... l^'.l7l ... ... :i Consolidated Onlinaiicc... ..t tli,. 'ri.iritniic,.., m lin.uii , l.silSi. iL'O Consolidated ltaih»av;'.ial laKlit ('i)iii|.aiiv, .\ct In .iin.nil Ad In im i.r|inr.il. 1 i!i iti-li Cnliiiiiliia l''^i"ii 7n Co-operative .\-nciatinn^. .\it ii-iicctiiitr I r.l it i-li I 'nliiiiiiia, iMiiM 74 Corporations. rmililiiiL:- .iiul ntln r hnan, .\ctti.i >nliilatc. iVc, L.iu /■' lOiit.iiin. IS!l7i t Corporations, iinnipniatid m.l nt .Manit'.lia, .\ct ii'-|i,itiiig I Manil'.li.i. !^'.l7i Ctlwl Corporations. 'I'lailiiiL,' an'l .Inim Stuck ''niniiaiii'-. .\,l Inr iiic'iri'nratinii ami rci,'iilatinii nf I ri|-iti>li ( 'iiliimliia. 1'->!I7! .s| Ooulonge ami ( 'i-nu Hivci- linnin ( 'nni|,aiiy 1 l,iinitcili. Act In iiicni|,'iiati :(,lnclicc. I'S'.ICi. ... s Courts III" I'liiliiitc of Nnva Scot la, .\ct tn aimiiil ami cnii.^ulidali .\it~ /■. i.Vnx.i Scniia, ls;i7i [i'h'.V.I Court. Sii|irciiic. .\ct tn ,,'iiiisnli(l-itc ami aiiicml I,a" n 1 \cw lirniiKvvick-, IWI7l "il County ('niirt,<. ,\ct tn i-,,iisnliilat(' ami aiucml Kaw iclatiiijr tn (\i.\v Hi iiii.^wick, ISII7I u'J Cow I'lav (i.iM .\liiiiiii,r (',,iii|,air.. .\ct tn iiicniiinr.ilc (.N.,\a Sintia, l.-i'.i7t ;f2 .'f:i l.-iT ir 1 ■■*} 138 i'iiu\ isci.M. i.i;<,i.si,\ii()\. D DopartmBUt uf I'ul.li,. \\\,vk». (IkIIiiiiiiii' i.>|Hitiii(r dVii lv|«iM(l Mmnl. |S!i7i DiHtl'ictH. Iiiijfiifi niiliniiiici' irMpcitiiiKlNcirrli «i si 'rcniiurii-. IsHSi Doniiliioii K,i«tiiii Itiiilwuv ('(j|iil>aiiy. Art in iiinniinritti' iNmii .Si'iitiii, )-i'i'i. Doniiniuniiiuriiii ('.iiii|piiiiy, Alt tiiinnirpnriit.lNoviiSrdtiii, INII7) Drummondville llydniMlic mihI .MaiiMfuctuiiii^r ( niMiuiiiy. Ai'i ti. iiu>M|„,i-,iic ii,iui.i„c. ih'.k; Duty, Sum >si,, II \it, Acl ill aiiii'iiilnic lit nf (Niw Hiuii'.uiik, |s!l7i. I'.Ni.i-:. UK r.M) 3'.' H » '^ E Eli'Ctitin nl Mciiiliiis, I,rt.'i-l»li\i A-,.. iiil.l>. (,)Mi4icc, Act iv,|,icIimh (I^Iiii'Im'c, iKIMii,. 7 Employment. .ff'hiiM.sr,, I- .i„|„„M-r|„.,-..M-.,>i. I-Mi.li,. \\ ,.,k,. A.t ,, dlnfi.l, r,','i„i„i,N,. iMiri 77 SI), .s:i. SI, .siiiur, ic.) Enterprise W. it. iSi|,|,iv r,„i,|,,,iiv. A.-, iM 111,.,, ri".i:Lir iN.iMiS.. .III. 1.S117, ^3 Evidence, I,aw ,,f, A Exhibition, .\ .il. I'l-ninrial, A.-t 1., i\|,|,,|ifiai.. laml f.,f iX.na Si',,ti,,, |s:i7i ii).;Ji Expropriate laiiii~ I',, 1 .\hiiii:il l-Miil.ui,,!,, A,-! in (N,,\a Si..,ii.i. |8!l7i ii|.;(| '■ I Fire .md Marin.- Manilla. -1111111- ( '..mpaiiv. I|,.iii,-, A, 1 |,, in, .,i |. .„;,!,■ , .\.„., S, ,.iia. ls!ii; Fire. Art t,, |,iv^, lA,- |.,r, -.u tr,ini .l.-i luc-l i, ,ii i.\ , r,nii~li ( '..Ininl .im. 1>!ii;i Fisheries .if Kiiiaii,,, All i,-|, c-tiim lOiiiaii,,, is'.Ci.. \ Fishing- la. ilili,-> |,,i- l'i,,Mn,-ial S|.,,il>ini n, .V.-,, \,i r.. pi, n lI,- i N, » I'.i iin-u i,-lc. |,^!m;i ForeHts. .\.-t t., pr,-s.-i-\i tY.nn ili-~trii(-ii,,n l,y lii,- , I'.i iii-li ( ■,,|iiinl,i;i. \s'M\ ■Foi't I' I i-aii.l I'a. itii- liaihvay C',„iip.iii\ . A,-i I,- iniin-pdrai, |( tiit.iri,,, lS!l7i. Fredericton. <'iiy i,r. A, ( i..aiii,-ii,l A,-l l,, anlli,,ri/.,- |.,,,-.,-sv ,V,-. ..\,-h I',iuii-u k. IS..I7I . Granville ami \'ii|,,iia l;,-.i,-h l;ail»av an.l |l,.v.-l.,p,ii,.nl (■ i.anv, At-t I., in.-.,i-i,. ,iat,- I \.,v-. S,-, ,tia, l'.!l7i ' Q-Unn & (',,.. 'I'll,-. A.-l In inr,,i-p,,iat,. i.\,,\,-i S,-,,na, 18i»7i Historical lv\liil,iti, Ml. Caiia.liaii. Aft ri->p.<-linj;i( (iilai in, Lsillii.. Home i'ii-.- .'Uiil Marii... Insiii-aiH-i- <', ,111 puny. .\i!t I,, iiir,,ip,,i-ati- i.\,,\.i S,-,,iia. \X'M\i Husband ami Wit,-. Ai-l In . -.111,-11. 1 l.au nf l-:\i,|,.||,-,- ill i-,.|ali.,n In, \i-, i\,» l',i un-u ic-k. I.H..17 Hi 4 .'<2 l."p Incorporation ..l I'ity ..1 St. Ili-nn. .\,-t m am.-n.l ami .■.,M>,,liilati- am. niln».iit-< n iUi„.l„.,. 1S!I7| ' Indian I'liint Cini-t.-iy ( 'ninpany. Ai-i 1., iiH:iii-p,,iat,- (Xn\a Si-otia, 1.S'.I7) Inliabitanta nf r.a\M-.-ni-,-t.,\Mi, An t ,,-naM.-. m supply uitli uati-r «'l\.,\,i Sena, IS..171 Insane, .an- ami custnfly .,f. I.nnati,- Asvlnins. .\,-t t,, aiin-ml am! (-.,n>,.lid;,i,- ilSi-niJl, ( ',,!„u.l.i-i 1-^-17) Intoxicating Liiium-. miuI i>si f lii-i-nM-s tli.-i-.-lm-, Onlinanw i-f.-pi-otiiiK sali- (Niibai, l.slM. Inverness liaihvav (ninpany, Ai-t tn iiifni-pni.ai,.(.\nva .Si_.,,ti!i, 1,si)7) ' Irrigation l)i.-t 'ri-iiit,ii-i.->. l.sil^i !l .so li'4 :J2 l:.'ii iM>i:\, l;}!> IIH P.'O ML' H >^ Japanese .iml I'Ihim— ]i'vyu-. An ivl.ii,,,- i,, ,i„,.i,,M„. i,i -l, ..m I'.il.li,. \V.,ik- iltrifnli , . '"'" '''■'*■'-' . .rr-^ii. .s;i. ,Mt, Minn;. KKi jenison. ''•■'";';;)„^r;";;;;;.\" '■■■.■''• - i. .i..i''»at., ,.,^,1,-,. i<:,„MM,M„,.ii,iiiiv.T Joint St., •!>(' lumii-, A.t tuiiiii.n.|ili,i| 111 ;il, U.'Vi,.,! Stntiit..- ul iN.n,, Sculi.i, l.s',171 ;i" Joint St .rk CMllipMlli.'. ^IMll 'IViHiilli; (•..I|..,|Mti,,Ur., Act tur ilKMirlMIMiinllMl .ll,,l,,ll C. 1,1 , l«.l, I ^1 Judicature A<'i, 1-* ||. An i,,;,iihii.| iii,,|.i, I ini \ . .s m, imm,, |., Jurios. Art 1(1 aiiji'ijil (liiiiitir llKi, i{i.\i...| Si • ■ • \,,.,;, S.mIjji. I^iim ,7 Jurors An. Til- iliriiivii (■■.liiinl.i.i. isits. i,,, m., JUStiCea nf iIm' I'llcM, ,111 l»lJlll; |.-|i.,l n. \,,itl V,, -t 'I',.,,!!..!!. -. |S'i;i |W II I 1:. i!i.; i.Nmmi So.tia. IMi7i Lawroucotown. liilmlniuMi^ ..t. An 1.. n,.il,|... i..hii|.|,Iv with «,it.'i', \i., (N,,v„ S, -,ii,,. |yi:i Law. SlHliili-(.f. Uiitaiiu. A.I In iiKik. miain mnnid iii» t.Hl intiiii... l.S!)7i . Law ivlatiii.,' In liiiiMiiiu: lull,,. I l„,.,,i (■..iii|.Mi.i.",, An tn,-.,ii.,,liilalciii|.|(,i„.ii.| ()r„,,,h.. jvi; Laws "I I'nuiiici.. Act ii>|ii'rtiiii,' i-\iiiitni. .uliiiinUliMtinii iif (Nin.i Soi.tKi, |.-iliili. Leg'al ri-ii|i''. Ilrilliiiuicr ;•. (N'lik 1S!N , , Loy hinlii- CoiMpaiiv, l|.|,nS.utl, \\..< M,r,i„i„li; r ,,,,iN, .\rf r„ ■ii,M,|,,r,-,n (\,w limn. w U'k. ISI171.. , Lunatic A->luil|N :il|.| . ,r .irl . ,-• ■ ' lii-iih', \,' >, ,ii,..|,,| iiiJ , ,,|,„,||,| ,1.- I ,, r, I I- I 'illllMll.ill. I>'.I7' - ' ' .,r ., .1 I - lii:;i ;c.! I I I.". i;'l l-.'l l:.M .M 75 4 ;« M Manitoba. (■.,r|.,.i!,ii-ii- in, .,i|„,i,,i,..i ,•. \. ' 1. -p. piuu , M,,,,u.,i,.i, i>!i7i. Manitoba Art. Alt ;,, ,iin,ii, I ' \| ,1 i.,i. i^.is Maritime 'i'nilis|iiiitiiti,iti :iiiil SaKiij;., ('iilii|i.iii\, \,i t,. m, ,,r|i ir.itr < N,.\a S,...tia. lyisi Marsh l.niiiU. S,-w.T>. .to.. .\,i 1,, :iii„.m,I I'.nt II . , i,,,|i. II.-,, (• ,„-,,|„|,.,t,.,| st.init.- ivhnui- 1 I Ni'U I'll III u 1,1,, l."<|i7i.. Members,.! l-.f;i-.|.itu. .\-- imI.In ih,,!,,, ,. ,\,., r,,|„.,.,,„- l-;i, rti,,ii ,ii K^m.ii,.,-. |s:m;. Miramichi I'lipcf Suutli \V..-t \.<'^ Diivinff (.',,in|,nn.v, An tn iiicnf|,urat.. l\. u I'.inii-u i.K, l,s!i7. .-,'1 Missisqi.ash .\lai-~li Ciiiiiiaiiv. ,\,l t,, iiii',ir|.,.iil,. . N..va S,-.,tia. |s!l7i Municitial •'laii^i- .\i 1 iliiiti-ji (■..|iii,,i.i ,. isii;. Municipalities. 1 iidinaiic, iv,>|„ ctiii-- iN. .nK ^^, ,t 'I',!! it.nirv i.->'.i:i t;ii 71 II II .■|| ll.s i:> !» 32 SO 124 :V2 120 N Navigation ( ■..llll..■lll^ . ''.ui.i.ii.m l'a,-iti.-. A. i .. -i... tii,_. . i ',1,11.1, < ■..iiii,:i,i,,. i^k , North .sii. If,. I'.iurf (.',iiii|.,niy, .\n i.. iii...,i |...i,ii, i_iii,.i„,., i>:i7i Nortll .Sy,lu,>, 'I', .uii ,if. .\,-t t.. |.i..M.|. I..1 -ii|.|,KiM.j- uat, 1, ,\, , \. ■■. , S, . ,1 1;,. |s:ii;, North \\"i>t l'„„iiii Ciiiiliau.y, .\it t,, ,.,ii-.,li,|at, ,\n-. <■ . X. w l;. hh-vm, 1,. lv.171 Nova Si-.,tia liUiiili,'!- Ciiiipail.v. Act t,, iiir,,i|,.ii',i'.. I X..\a Sc .11,1 i-^'.iri NovaS-,.,,tia C.iiits.if I'l-iiliatP. .\,t t. , aiii.ii, I .ni,| ,■. ,n-,lii|.ii,. .\..-- ,. ,\,,ia S,-.,li.i, ls'.i7i. Okanagan w.itif I'liw.T c,,!^,!,,,,!^, .\,-t r.. iiir,,i-|i,,ia',. . Kiin-li Cilumiiia. I.sit7i OrdinanceSiit'Tniiti. Ill's, cdHMiliilat,..!. 1 li.linaiK,. ii-.«|ii,niiiKM\'iirtli-wi..^t 'J'n.fitmif-, l.S'.t,-C) Oriental Unld Nfininjf and lH'\.,|,,|,iiiiiit ('..npaiiN. Act tn liic,ir|Hinit<' iN'nva Scotia, 1,S!I7). Oxford Wain- and I'nu.r Sii|i|,ly ( ',iin|,aii\-. .\cl I. , inc. 11 |i.,r:ii, , .\,.\ a S;.,,tia, ISllfl) -.'.. 107 10 l.-i .-.1 Xi 15 l:;o !.■ 140 I'ltoVIM I VI. I.KOIHLA'noV. I ; P _ , , ,,, \:\'.v. farrsuoru l""ii iii, A( ( t.. i.iuhIi i.n -ii|.|.lyiiiK »uhi, \c. iNHa .Sditi.i, iMti7i, , . :(;i Peace, .liHtiiiM iif till', Onliiiiiiiif i(v.|iciliii(f (Niirtlitttut Ti'nitDiii'H, IH'.ID lis Potowawa F.iiiiiliii, I'iiIjuiihI l'iipcr('oiii|.iiiiy. Act tu imuiiiuiiilr i( (ntiirin, I.S..7) .( Probate, ('nnrt- ot. in Ndvu .Sintin. Ai r tn iuiiiiiil luul ciMi-nliilui. Aif- /•- iXmii Scotia, lH!»Ti ;Ci ;;ii Proc'iidiiro ciul. Cull.' of, (^iii'lic(. Ait iiK|«ftiiiK c^ni'lur, IW'Ti lo ProfoHSion, l.i'tfiil, OiiImiiiihi' i,»|Mc'liiiK iNiikmi, INllhi I„j Provincial I'MiiliitiMii. nniiiiil, Acti toi\|.in|,|iaii' IiumIm Im- iNnvn .Sditm, 1M!I7) m ;(i Public W i>i l>- |)i'|iiirtiiiiiit. Onliiiaiin iisiicitiiiK (.NiPitirWist Tin itnrir., I.S1I7) ]]s Q Quebec, ' 'I'lli- "i< 'nil I'iMc.iiiiii. Alt I.. pictlii^,' ii.iiM 111-, , IM171 H R Railway and I.i^'lit CoMipiHiy. .niiM,li.l;,f,i|, Act In miiicikI Act tn iiic,,r|H,iatc(Iliiti.|i ('(iIiiiiiIm^. Revised Si^itiitcN., I Itiitiwli Cnliiiiiliiii, Act ti> ^i^'' '^''t't t" dlriti^li ('nlimiliiii. IHII.S). . sr, Roadway Act. Niciiiri.i I'liik, Irt'.Ml. Till I I'riiMc K(h\(it(l Miiiiil. 18l«il.. n, 8 San -lii-i' Scale. Acl til I'liM-iit >|ii-cail of lOiiliirin, iH'.l.si. ,; Scale. San .InM-. .\. t t.i pii-vciit spriiiil of lOiitiiiiii. l.S'.i.si ,. Seine IIImi, KnI. > ami l^'m-t JM-aiii i~ Ti-I.^ria|.|i ami Tclcplinm (' |,aii\-. .\rl 1.. iiic,,nN,i|itc Klnlari.., I.s!l7l ' , Sewersami \l,i~li l.aml-, .\cf In .,1111 nil I'.ut 1 1., cliaj.H 1 I1.\ ' ■,,iiM.|ii|;i|c,| Stiitiiti < iNcu Hniiw »n:li. IS'.ir.i .|, Shelbnrne l-iiiiiljii- ('oiii|iaiiy. Art !ninciii'|ionitc (NnMi Scntia. I.*.i7) ;tL'-;t:i Smith's l''alK Kiilc.iu ami SnntliiTii KaiKvay ("uniiiany, .Vet tn iiicniiiniali (Oiit.iiin, l,s;i,S| (j Sportsmen rmvincinl ami ntlicr, &c.. Act to pfmiili- fucititiiN for, fic. (.\i u Hiuii-wiiK, l.S!l7i, .■,] S. P. Benjamin I 'nnipany. Act til iiiiDrjiniatc till' (Nova .S;()tiii, lM!i7l [i-J South Knoti nay WiitiT Power ('nni|i!iny. .\(l tn im cii|Miiali- 1 lliltixli Coliiinl.ia. l,s!i7i Kl statutes of Ontiiilo, Act to provide for cnn.^nliilatinii nf (Oiitaiio, 18117) ;) Statute I/HW, Act to iiiakc curtain iinii'mlnii'iits to (Ontario, l,s!l7i I Statutes. Hi'vi'-id of l!iiti>li Colmiiliia. Act to).'i\i-(.[fvct to (liritisli Coliinilii :. I.'^'.I.S) ,s.-, Succession I luty An, \ri m amrmlnii-nt of (New Itmn.swicl;, 1H!I7) :,■_• Supreme (-'oiirt. Art tnameml anil ciiisolidate Law. ;■. iNew Hnin.iw ick, IH!I7), , .. .■,] St. Henri, Imnipuratinii nt City nf. .\et to amend and coii»nlidate Act< /r K^liiel.ee. I.SI17! i| Sydney North. 'Cnwii nf. An n -pirnuL' ^upiilyinv' "ith water ( Nn\a S,,.iia. Is'ii; |;, 1' Town nf rai'i>l,nin'. .\,i I n pr. n ale I nr .-II |i|.ly in^,' wit h »ater(Nova .Scotia. ;,yi7i ;);{ Town Council of ( 'hatlr.uii. .\et to antliorizf. to provide water worU< (New Mriiii-u id;. I.S1I7),., . Til Trading Cni potations and .loint Stock Conipanie>. \et for incorporation ami n ^'iilatimi of il',iiti-li Ci'liiiiiliia. IS'.iTi vi] Tramway Incoipni, lion All. Tlie(Briti.-*h Coliiii 01a, IWIS) lull, fill Transportation .SilvaKi Compiiny, Maritime, .\ct to incorporate (Nova Seotia, ISilK) , 41. II Upper South Wi-i Miraiiiiehi l.n'^ I'lvlii^ Cnnipaiiy, .\ct tn ineorpoiate (New liiiiiiswick. 1.^'.I7 I'Ai.K. ;i;t llH I III IL'I r.iMi ii> 11 "li III INIIKS. 'i victoria '»il('iiiii|iiiiiv, All lu miMi|«iiiitiiN mi Siiitiii, l-i7i.. Water rn»ir <'.iiiiiMiiiv, •ikiiiiMu'iiii, Art til iiiiuiiNinitr (ItiiriMli Culiiiiiliin, iwiri Wife iiiid IIii-ImihI. All III HiiiiiiiliiH nt nf I,.i« it latino I i Mviiliiiri. .if iNi« r.niiitH Ick. ImUTi Witnesaes anil KmiIimici-, Act tuaiHiiul \r[ i.>|.ci tiiiu- I riiiii-i IvJHanl Maii.l, lyiSi Young l!riitlii'i» ('i'Mi|iaii> i l.uiiiti i| i. Ait tn iiiui., |»iiat.- I \n\a Snilia, IMlUi) 141 III SI si III ir. I M . . ;t'j-;f;! li I.. .M . . H I 3;i 51