AUTONOMY AND FEDERATION WITHIN EMPIRE THE BRITISH SELF-GOVERNING DOMINIONS Carnegie Endowment for International Peace division of international law PAMPHLET No. 3 3 Pamphlet Series of the Carnegie Endowment for International Peace Division of International Law No. 33 AUTONOMY AND FEDERATION WITHIN EMPIRE THE BRITISH SELF-GOVERNING DOMINIONS PREPARED UNDER THE SUPERVISION OF JAMES BROWN SCOTT Director of the Division of International Law of the Carnegie Endowment for International Peace PUBLISHED BY THE ENDOWMENT WASHINGTON 1921 COPYRIGHT 1921 BY THE CARNEGIE ENDOWMENT FOR INTERNATIONAL PEACE Washington, D. C. JV Cfcta. PREFACE While the political experiences of other peoples might yield material of value for the student of the problem of autonomy within empire, it is safe to say that in no empire or kingdom has the evolution of the relation under examina- tion been as consistent in time, uniform in its various local manifestations, deliberate in purpose and — as it now ap- pears, in looking back over the process — as archetypical as , it has been in the British imperial commonwealth. Hence it has seemed wise to confine the exhibits of evidence on this question to " the Dominions," as recognized by that § title and listed by name in 1914 in the British Nationality ^ and Status of Aliens Act. >_ There is a wealth of material upon the political develop- sment of the Dominions to which a useful guide, to be de- scribed later, has been compiled but which in spite of all ujs rather cumbersome and uneven in its utility. A selection thas therefore been made bearing upon the following points: Jthe grant of local constitutions to single colonies by im- perial statute, the erection of a system of ministerial ^responsibility upon the basis of the existing constitution in na single colony, the federation of groups of single colonies ^nto unions under constitutions enacted by imperial statute PS . 2(as well as the amendment of such constitutions by imperial legislation), constitutions which in all cases carried in their provisions that system of ministerial responsibility already obtaining in the colonies assembled in the larger union, and, finally, direct legislation by the imperial legislature for the Dominions — with certain degrees of option and freedom h- 248539 VI PREFACE reserved for them in the matters dealt with — and the amend- ment by local action in the Dominion of an imperial con- stitution. The texts of statutes are completely adequate for the purpose of the student in all of these cases except the most critical, namely, the granting of local ministerial responsibility. For the study of this phase of the process recourse must be had to colonial instructions and reports, and correspondence, often more or less personal and inti- mate, between the colonial governor and local politicians. It may be that the real nature of the transition — such as took place in Newfoundland and in New Zealand in 1855 — eludes the form of written documents altogether. The following table may serve to summarize the process by which the Dominions have come to enjoy self-govern- ment within the Mother Empire: Colony Date of Grant of Ministerial Responsibility Ontario . 1839 Quebec . 1839 Nova Scotia . 1848 New Brunswick . 1848 Prince Edward Island . 1851 Victoria . 1855 New South Wales . . 1855 Tasmania . 1855 South Australia . 1855 New Zealand . . 1856 Queensland . 1859 Manitoba . . 1870 British Columbia . 1871 Cape Colony . . 1872 PREFACE Colony West Australia Natal Saskatchewan . Alberta Transvaal Orange Free State Date of Grant of Ministerial Responsibility 1890 1893 1905 1905 1906 1907 2. 3. The federations of colonies occurred as follows: 1. The five Provinces existing in continental Canada in 1867 were joined in a federal union by the Brit- ish North America Act of that year. To this federation were added from time to time, out of territory already part of the Dominion, the four remaining North American Provinces in the fore- going list. The six Australian Colonies of 1900 were united in a single federal Commonwealth. The four autonomous South African Colonies of 1909 were placed in a Federal Union by the South Africa Act of that year. Some suggestions regarding the literature of the field may be in place here. The history of the granting of con- stitutional and responsible governments in the provinces and colonies and of the process of federation may best be traced in the works of Mr. Arthur Berriedale Keith, at present the paramount authority in this field. The review provided in the first pages of Mr. Keith's Responsible Gov- ernment in the Dominions (1909) is expanded in the first part of the first volume of the work by the same title issued three years later (not a second edition, however), and in the second volume under the sections dealing with viii PREFACE the various federal unions. The legal aspects of the ques- tion of imperial control are canvassed in the third volume of the latter work and in the first part of Imperial Unity and the Dominions , issued in 1916. The last work also contains a suggestive analysis of the problem in terms of imperial and international politics. References are to be found in these works by Keith to much other useful literature, of which Brand's Union of South Africa, Lucas' edition of the Durham report, and Jenks' little historical work may be mentioned here. The work of Todd on Parliamentary Government in the British Colonies hardly needs to be named; it is, of course, of greatest interest upon one side of the question. There is a great deal of material bearing indirectly upon the question in statutes enacted by colonial legislatures in execution of imperial statutes granting powers to these legislatures to do certain things, and in British imperial statutes dealing with intra-colonial affairs and non-political matters such as land legislation and boundaries; to this material an introduction may be found in Lefroy's Can- ada's Federal System. The grants of responsible government and the erection of federations were preceded by other steps such as, on the one hand, the grant of representative institutions and of powers over land sales, customs and mining royalties, and, on the other, the passage (perhaps " negotiation " would describe the process better) of the Imperial Defence Act of 1888 and the gathering of the earlier Colonial Confer- ences or the Imperial Conferences of the present day. Upon the former the special works on Newfoundland and New Zealand may be consulted such as the somewhat un- satisfactory histories by Prowse, Hatton and Harvey, and Rusden; Jenks treats with full appreciation of their sig- PREFACE ix nificance the Land Sales Act of 1842 and similar measures. Upon the imperial colonial conferences down to 1911 and during the recent war in their relation to the movement for federation in the Empire and to the future of that mighty commonwealth of nations Jebb's The Imperial Con- ference (1911) and Keith's Imperial Unity and the Do- minions, already mentioned, should be examined. For the history of the Conference since 1916 the newspaper reports will yield some results until better material is forthcoming. In view of the recognition accorded to the Dominions at the Conference of Paris regarding international affairs it may well be suggested that the process whereby the unity of empire and the individuality of colony are developed and reconciled is reaching its perfect conclusion at this present time; dependence, independence and interde- pendence, as between mother country and colony and between both and other nations, are being worked out in all their manifold phases in a most startling manner. The following documents are not to be taken as giving a full or precise representation of the present political organi- sation of the Dominions, except as to the general outlines. For such a picture the student will need to take into account a multitude of regulations and instructions issued from time to time in the last eighty years as well as the great body of statute law and political custom and convention which has developed in the Dominions during the period of responsible self-government; it hardly needs to be said that in the British Dominions the latter factor may be counted as nearly equal to the statutes themselves in determining the ultimate form taken by the political organisation of the country. The following documents portray the way in which the more fundamental changes were made, historically, in the constitutional framework of the various Dominions and x PREFACE the relations between these changes and what had gone before. While the collection of documents was made under the supervision of the undersigned, the assembling and anno- tating of the material were done by Mr. Pitman B. Potter, of the Division of International Law. James Brown Scott, Director of the Division of International Law. Washington, D. C, March 25, 1919. CONTENTS PACE Bibliography xv Part I. — Newfoundland Historical resume 2 An Act to continue certain Acts relating to the Island of New- foundland, 1832 3 Commission establishing representative government in Newfound- land, 1832 4 Royal instructions for establishing representative government, July 26, 1832 17 Royal proclamation establishing representative government, July 26, 1832 40 Act to amend the constitution of the Government of Newfoundland, 1842 44 Act to amend the constitution of the Government of Newfoundland, 1846 47 Act to render permanent certain parts of the constitution of the Government of Newfoundland, 1847 ...... 49 Despatch from the Colonial Office to the Governor of Newfoundland authorizing the establishment of responsible government, Feb- ruary 21, 1854 52 Report of the Governor of Newfoundland on the conditions of opinion in the colony relative to responsible government, Feb- ruary 23, 1854 55 Reply of the Legislative Assembly to an address of the Governor, February 15, 1854 .60 Reply of the Governor to the Legislative Assembly, February 15, 1854 : ..... 63 Reply from the Colonial Office to the report of the Governor, March 17, 1854 64 Report of the Governor upon transmitting to the Legislative As- sembly the consent of the Colonial Office to the establishment of responsible government, March 23, 1854 ... 65 xi xii CONTENTS PAGE Report of the Governor upon the reception of this consent by the Legislative Assembly, March 24, 1854 66 Report of the Governor on the final steps of the process of the establishment of responsible government in Newfoundland, De- cember 29, 1854 68 Reply of the Colonial Office to this report, January 25, 1855 . . 69 Part II. — New Zealand Historical resume 72 An Act for the establishment and government of New Zealand, 1 840 73 An Act to grant a representative constitution to New Zealand, 1852 75 Despatch from the Colonial Secretary to the Acting Governor in New Zealand authorizing the establishment of responsible gov- ernment, December 8, 1854 110 Report of the Acting Governor on receipt of the foregoing despatch, May 31, 1855 . 114 Extract from the minutes of the Executive Council, May 25, 1855 . 115 Circular to the members of the General Assembly, May 31, 1855 . 116 Report of the Acting Governor on opening the General Assembly, August 10, 1855 118 Address of the Acting Governor in opening the General Assembly, August 8, 1855 118 Report of the Acting Governor upon the reception of his address by the General Assembly, August 11, 1855 121 Reply of the Legislative Council to the address, August 11, 1855 . 122 Reply of the House of Representatives, August 11, 1855 . . . 123 Report of the Governor upon the dissolution of the General As- sembly, September 18, 1855 124 Address of the Governor to the Legislative Council and House of Representatives, September 15, 1855 124 Report of the Governor on opening the General Assembly in April, 1856 127 Address of the Governor to the General Assembly, April 15, 1856 . 127 Report of the Governor on the establishment of responsible govern- ment, April 30, 1856 ISO CONTENTS xiii PAGE Further report on the establishment of responsible government, May 8, 1856 137 Beginnings of responsible government reported, May 21, 1856 . 139 Final establishment of responsible government in New Zealand re- ported, May 23, 1856 140 Abolition of provinces, 1875 141 Part III. — Canada Historical resume 152 The British North America Act, 1867 153 The British North America Act, 1871 193 The Parliament of Canada Act, 1875 195 The British North America Act, 1886 197 Part IV. — Australia Historical resume 200 Commonwealth of Australia Constitution Act, 1900 . . . .201 Constitution alteration, No. 1 of 1907 241 Constitution alteration, No. 3 of 1910 242 Part V. — South Africa Historical resume 244 South Africa Act 245 Part VI. — The Dominions Historical resume 308 British nationality and status of aliens Act, 1914 . . . 309 Index 313 BIBLIOGRAPHY Statutes of the United Kingdom. Acts of the Parliament of the Commonwealth of Australia; Com- piled by G. S. Knowles. Statutes of New Zealand. House of Commons Sessional Papers. British and Foreign State Papers. Colonial Office List. Statesman's Year Book. Adam, M. I., Ewing, J., Munro, J., Guide to the Principal Parliamentary Papers relating to the Dominions from 1812 to 1911, 1913. Bignold, H. B., The Commonwealth of Australia Constitution Act, 1913. Bradshaw, F., Self-government in Canada, 1903. Brand, R. H., The Union of South Africa, 1909- Durham, John George Lambton, First Earl of, Report, in the edition of C. P. Lucas, 1912. Egerton, H. E., Federations and Unions in the British Empire, 1911- Hatton, J., and Harvey, M., Newfoundland, 1883. Jenks, E., History of the Australasian Colonies, 1912. Jebb, R., The Imperial Conference, 191 1. Keith. A. B., Responsible Government in the Dominions, 1909- Keith, A. B., Responsible Government in the Dominions, 1912. Keith, A. B., Imperial Unity and the Dominions, 191 6. Lefroy, A. H. F., Canada's Federal System, 1913. xv xvi BIBLIOGRAPHY Moore, H., Constitution of the Commonwealth of Australia, 1902. Prowse, D. W., History of Newfoundland, second edition, 1896. Rusden, G. N., History of New Zealand, 1883. Selborne, William Waldegreave Palmer, Second Earl of, Papers relating to the Federation of the South African Colonies, 1907. Todd, A., Parliamentary Government in the British Colonies, second edi- tion, 1894. The New York Times. The Times, London. PART I NEWFOUNDLAND HISTORICAL RESUME For a long time Newfoundland was treated as a mere place of temporary lodgement for fishermen from Great Britain or her colonies and was administered or policed by officials appointed under statutes passed for that purpose. In the end, however, it was found impossible to prevent permanent settlements from growing up in the Island, and in 1832 the statutes were laid open to alteration by a local legislature should one be established, and the prerogative was used to set up an elementary form of representative government through a commission and instructions issued to the then Governor. A royal proclamation of even date announced the action which had been taken. Changes were made in the constitution by statutes passed by the Imperial Parliament in 1842, 1846, and 1847, but the main outlines of the system remained the same until and even after the establishment of responsible government in 1854-55 by means of instructions to the Governor of the Colony and acts of the Legislature of Newfoundland. AN ACT TO CONTINUE CERTAIN ACTS RELATING TO THE ISLAND OF NEWFOUNDLAND. [2 & 3 William IV, cap. 78] 1832 An Act to continue certain Acts relating to the Island of Newfoundland, and to provide for the appropriation of all duties which may hereafter be raised within the said Island. Whereas an Act was passed in the fifth year of the reign of his late Majesty King George the Fourth, en- titled " An Act for the better administration of justice in Newfoundland, and for other purposes"; And whereas a certain other Act was passed in the said fifth year of his said late Majesty's reign, entitled " An Act to repeal an Act passed in the fifty-seventh year of the reign of his late Majesty King George the Third, entitled ' An Act to regulate the celebration of marriages in Newfoundland, and to make further provision for the celebration of mar- riages in the said Colony and its dependencies ' " : And whereas by an Act passed in the tenth year of his said late Majesty King George the Fourth the said Acts were continued in force until the thirty-first day of December one thousand eight hundred and thirty-two: And whereas it is expedient that the said Acts be further continued in force until the same shall be repealed, altered, or amended by any Act or Acts which may for that purpose be made by His Majesty, with the advice and consent of any house or houses of general assembly which His Majesty may at any time see fit to convoke within the said Colony of 3 AUTONOMY AND FEDERATION WITHIN EMPIRE REPLY FROM THE COLONIAL OFFICE TO THE REPORT OF THE GOVERNOR 1 March 17, 1854 I have received your despatch, No. 86, of the 23d of February last, transmitting copies of the speech with which you opened the session of the Legislature of New- foundland, and of the answers returned thereto, a mem- orial from the Chamber of Commerce, and an address to myself from the House of Assembly. I consider that I shall best consult the convenience of your Government and the interest of the Colony, by re- fraining from any discussion upon the contents of your despatch and the documents accompanying it. I will therefore merely refer you, and the public bodies which have addressed me, to my despatch of the 21st ultimo, and express my earnest hope, that the concession of "re- sponsible government" to Newfoundland may be attended with all the benefits which the advocates for that system of Government anticipate. i Commons Papers, 1854-55, vol. 36, No. 273, p. 37. NEWFOUNDLAND 65 REPORT OF THE GOVERNOR UPON TRANS- MITTING TO THE LEGISLATIVE ASSEM- BLY THE CONSENT OF THE COLONIAL OFFICE TO THE ESTABLISHMENT OF RESPONSIBLE GOVERNMENT * March 23, 1854 I have the honor to enclose a copy of my message transmitting to the House of Assembly your Grace's des- patch, No. 49, of the 21st ultimo, on the subject of the new system of government: ENCLOSURE The Governor having forwarded to the Secretary of State for the Colonies the address from your honorable House to his Grace of the 15th June last, upon the sub- jects of responsible government, and reciprocal free trade with the United States of America, has, this day, received from his Grace a despatch in reply, of which the Governor herewith transmits a copy. With reference to the proposed new form of Govern- ment for this Colony, the Governor will be happy to co- operate with your honorable House in fulfilling those prerequisites, some of which his Grace considers essential to justice, and others highly important to the satisfactory working of the new system of government. The Governor hopes that the result of the deliberations of the Legisla- ture, with a view to the introduction of the new system, and the operation of the system itself, will conduce to the welfare of this ancient dependency of the Crown. i Commons Papers, 1854-55, vol. 36, No. 273, p. 41. 66 AUTONOMY AND FEDERATION WITHIN EMPIRE REPORT OF THE GOVERNOR UPON THE RE- CEPTION OF THIS CONSENT BY THE LEGISLATIVE ASSEMBLY 1 March 24, 1854 With reference to my despatch, No. 90, of the 23d in- stant, enclosing a copy of my message transmitting to the House of Assembly your Grace's despatch No. 49, of the 21st ultimo, on the subject of responsible government, I have the honor to inform your Grace that I received from that body on the evening of yesterday, the 23d, the enclosed address, requesting me to cause the mail steamer to be delayed for a period of 24 hours, to enable them to forward by this mail what they termed "a reply to such despatch." This request I complied with. 2. I have just received an address from the Assembly to your Grace, which I enclose herewith. 3. This address states that the concession of responsible government, on the conditions attached by your Grace, in- stead of being received with approval by the people, would be rejected without hesitation; but the accompanying "Pub- lic Ledger" of this day — the ablest and most influential journal of this Colony, which represents the sentiments of the Protestants, that is, of the majority of the people — in addition to saying that the terms of your Grace's despatch exactly meet the prayer of their recent petition to the Queen, has the following statement: "And ,We have no doubt that the Protestant population generally will be grati- fied at the opportunity of evincing how much they concur i Commons Papers, 1854-55, vol. 36, No. 273, p. 42. NEWFOUNDLAND 67 in the justice of the principles contained in the despatch of the noble Duke, who has so much entitled himself to their best and warmest thanks." 4. The enclosed minutes of this day's proceedings show the opinion of the minority of the House in the shape of an amendment which confirms the statement above referred to. 5. As to the stereotyped observations respecting the Council I need not occupy your Grace's time by remarks upon them. 6. The principles of a subdivision of the more populous districts, and an increase of the representation on a fair basis, adopted in your Grace's despatch, and so earnestly insisted on by the Protestants of the country, ought not, I think, on any account, to be abandoned, as the result of such a course would be that which I have so frequently pointed out. 1 i Bills for altering the basis of representation in the Legislative Assembly and for protecting office holders against loss in the sense indicated by the despatches from the Colonial Office were finally adopted in November, 1854, and assented to in January, 1855, not without much debate, conference and diplomacy, to mention only the mildest forms of manoeuvering observable among the various parties and persons interested. The new elections were held and responsible government set up in the spring of 1855 as the following items show. For much illuminating material in the case and texts of the Representation and Pension bills see, ibid., pp, 102, 112, 118, 119, 121-123, and, in general, 1-123. For a valuable index to the papers relating to the events in Newfoundland, as well as to the other dominions, see: Guide to the Principal Parliamentary Papers Relating to the Dominions, 1812-1911 by M. I. Adams, J. Ewing, and J. Munro, published by Oliver and Boyd, 33 Paternoster Row, E. C, London, 1913. 68 AUTONOMY AND FEDERATION WITHIN EMPIRE REPORT OF THE GOVERNOR ON THE FINAL STEPS OF THE PROCESS OF THE ESTAB- LISHMENT OF RESPONSIBLE GOVERN- MENT IN NEWFOUNDLAND x December 29, 1854 Referring to my despatch No. 127, of the 14th Novem- ber last, I have now the honor to acquaint you that having, with the advice and consent of the Council, fixed the elec- tions to take place on the 7th and 12th May, I have issued the necessary proclamation for that purpose in the form heretofore followed, with such modifications only as were requisite to make it accord with the terms of the recent Act for increasing the number of representatives. 3. I have now to solicit your directions with reference to the separation of the Councils, for which purpose, I pre- sume, a Royal Instruction will be forwarded to me. • •••••• 5. Considering the relative number of the members of the Assembly, I am of opinion that the number of the Council need not, for the present, exceed 12. The Executive Council may, for the present, with convenience, consist of the remaining members of the existing Council, excepting the officer commanding the troops ; seven in all. Of course, on the meeting of the Legislature, a reconstruction of the Executive Council will necessarily take place; and it will then embrace such a number (seven would be ample) of the members of the Legislative Council and Assembly as might be selected by the party having the majority in the Assem- bly under the new system of government. i Commons Papers, 1854-55, vol. 36, No. 273, p. 121. NEWFOUNDLAND 69 REPLY OF THE COLONIAL OFFICE TO THIS REPORT ' January 25, 1855 I have to acknowledge the receipt of your despatch No. 142, of the 29th of December last, reporting that you had fixed the elections to take place, under the provisions of the new Representation Act, on the 7th and 12th of May, and requesting instructions with reference to the separation of the Legislative and Executive Councils. On the latter point I have to acquaint you that the necessary instrument, under the royal sign manual, for the reconstruction of the Councils, will be transmitted to you by an early opportunity. l Ibid., p. 123. PART II NEW ZEALAND HISTORICAL RESUME New Zealand was erected into a separate Colony and given a charter by letters patent and royal instructions to the Governor issued in November and December 1840 under the authority of a statute of that year. The system of government then established left little room for local influence to become effective in its workings. It was supplanted by letters patent, a charter and a new set of instructions issued in December 1846 under the authority of a statute of that year. This charter contained a very elaborate scheme of government which it was found impossible fully to carry out. The provisions of the law and the charter were partially repealed in 1848, and the plan of 1840 was revived. The year 1852 saw the passage of a final effort to provide New Zealand with a constitution and, by comparison, a successful effort. By a local statute of 1876 a portion of the scheme of 1852 was revised, but the establishment of responsible government by means of instructions to the Governor and an act of local legis- lature in 1854-1855 left the fundamental lines of the constitution intact. AN ACT FOR THE ESTABLISHMENT AND GOVERNMENT OF NEW ZEALAND [3 & 4 Victoria, cap. 62} 1840 An Act to continue until the thirty- first day of December, one thousand eight hundred and forty-one, and to the end of the then next session of Parliament, and to extend the provisions of an Act to provide for the administration of justice in New South Wales and Van Diemens Land, and for the more effectual government thereof, and. for other purposes relating thereto. I. Whereas an Act was passed in the ninth year of the reign of King George the Fourth, entitled " An Act to provide for the administration of justice in New South Wales and Van Diemen's Land, and for the more effectual government thereof, and for other purposes relating there- to": And whereas the said Act hath been since continued, and by an Act passed in the last session of Parliament the said Act hath been further continued, with certain amendments: And whereas the said Act will shortly ex- pire; and it is expedient further to continue the said Act, with such amendments as are herein after mentioned: Be it therefore enacted by the Queen's most excellent Maj- esty, by and with the advice and consent of the Lords spir- itual and temporal, and Commons, in this present Parlia- ment assembled, and by the authority of the same, that the said recited Act, as amended by the said Act of the last session of Parliament, shall continue and be in force until the thirty-first day of December in the year one thousand 74 AUTONOMY AND FEDERATION WITHIN EMPIRE eight hundred and forty-one, and thenceforward to the end of the then next session of Parliament. II. And whereas the said Colony of New South Wales is of great extent, and it may be fit that certain dependen- cies of the said Colony should be formed into separate Colonies, and provision should be made for the temporary administration of the government of any such newly elected Colony: Be it therefore enacted, that it shall be lawful for Her Majesty, by letters patent to be from time to time issued under the great seal of the United Kingdom, to erect into a separate Colony or Colonies any islands which now are or which hereafter may be comprised within and be dependencies of the said Colony of New South Wales. III. And be it enacted, that in case Her Majesty shall, by any such letters patent as aforesaid, establish any such new Colony or Colonies as aforesaid, it shall be lawful for Her Majesty, by any such letters patent, to authorize any number of persons, not less than seven, including the Governor or Lieutenant Governor of any such new Colony or Colonies, to constitute a legislative council or legislative councils for the same; and that every such legislative coun- cil shall be composed of such persons as shall from time to time be named or designated by Her Majesty for that purpose, and shall hold their places therein at Her Majesty's pleasure; and that it shall be lawful for such legislative council to make and ordain all such laws and ordinances as may be required for the peace, order, and good government of any such Colony as aforesaid, for which such legislative council may be so appointed; and that in the making all such laws and ordinances the said legislative council shall conform to and observe all such instructions as Her Majesty, with the advice of her Privy NEW ZEALAND 75 Council, shall from time to time make for their guidance therein: Provided always, that no such instructions, and that no such laws or ordinances as aforesaid, shall be re- pugnant to the law of England, but consistent therewith, so far as the circumstances of any such Colony may admit: Provided also, that all such laws and ordinances shall be subject to Her Majesty's confirmation or disallowance in such manner and according to such regulations as Her Majesty, by any such instructions as aforesaid, shall from time to time see fit to prescribe: Provided also, that all instructions which shall in pursuance hereof be made by Her Majesty, with the advice of her Privy Council, and that all laws and ordinances which shall be made in pursuance hereof by any such legislative council of any such newly erected Colony as last aforesaid, shall be laid before both Houses of Parliament within one month from the date of any such instructions, or from the arrival in this Kingdom of the transcripts of any such laws or ordinances, if Par- liament shall then be in session sitting, or, if not, then within one month from the commencement of the next ensuing session of Parliament. AN ACT TO GRANT A REPRESENTATIVE CONSTITUTION TO NEW ZEALAND [15 & 16 Victoria, cap. 72] 1852 An Act to grant a Representative Constitution to the Colony of New Zealand. Whereas by an Act * of the session holden in the third and fourth years of Her Majesty, chapter sixty-two, it i The Act just quoted. 76 AUTONOMY AND FEDERATION WITHIN EMPIRE was enacted, that it should be lawful for Her Majesty, by letters patent, to be from time to time issued under the great seal of the United Kingdom, to erect into a separate Colony or Colonies any islands which then were or which thereafter might be comprised within and be dependencies of the Colony of New South Wales: And whereas, in pursuance of the powers in Her vested by the said Act, Her Majesty did, by certain letters patent under the great seal of the United Kingdom, bearing date the sixteenth day of November in the fourth year of her reign, 1 erect into a separate Colony the Islands of New Zealand, there- tofore comprised within or dependencies of the Colony of New South Wales, bounded as therein described, and the said Islands of New Zealand were thereby erected into a separate colony accordingly; and Her Majesty did by the said letters patent authorize the Governor for the time being of the said Colony of New Zealand and certain other persons to be a Legislative Council for such Colony, and to make laws for the peace, order, and good government thereof: And whereas by an Act of the session holden in the ninth and tenth years of Her Majesty, chapter one hundred and three, 2 the Act firstly herein recited, and all charters, letters patent, instructions, and orders in Council made and issued in pursuance thereof, were repealed, abro- gated, and annulled, so far as the same were repugnant to the Act now in recital, or any letters patent, charters, orders in council, or royal instructions to be issued under the authority thereof; and by the Act now in recital certain powers for the Government of the said Islands were vested in Her Majesty, to be executed by letters patent under the great seal of the United Kingdom, or by instructions i Commons Papers, 1841, vol. 17, No. 311, pp. 31-34. 2 Not here quoted. NEW ZEALAND 77 under Her Majesty's signet and sign manual, approved in her Privy Council, and accompanying or referred to in such letters patent: And whereas, in pursuance of the said last-mentioned Act, Her Majesty did, by letters patent bearing date at Westminster the twenty-third day of De- cember in the tenth year of her reign, and by certain instructions made and approved as required by such Act, and bearing even date with and accompanying the said letters patent, 1 execute certain of the powers by such Act, vested in Her Majesty for the better Government of the said Islands: And whereas by an Act of the session holden in the eleventh and twelfth years of Her Majesty, chapter five, 2 so much of the said Act secondly herein recited, and the said letters patent and instructions issued in pursuance thereof, as relates to the constitution and establishment of two or more separate assemblies within the said Islands, and of a General Assembly in and for the said Islands, was suspended for five years, unless Her Majesty, with the advice of Her Privy Council, should direct the same to be carried into effect before the expiration of that period; and by the Act now in recital the said firstly recited Act, letters patent, and instructions were revived for the time during which the said secondly recited Act, letters patent, and instructions were suspended as aforesaid; and by the Act now in recital certain powers were vested respectively in the Governor-in- Chief of the said Islands and in such Governor and the Legislative Council thereof: And whereas it is expedient that further and better provision should be made for the Government of New Zealand: Be it therefore enacted by the Queen's most excellent Maj- esty, by and with the advice and consent of the Lords 1 Commons Papers, 1847, vol. 38, No. 763, pp. 72, 76. 2 Not here quoted. 78 AUTONOMY AND FEDERATION WITHIN EMPIRE spiritual and temporal, and Commons, in this present Par- liament assembled, and by the authority of the same, as follows : I. The said Acts, and all charters, letters patent, instructions, and orders in Council issued in pursuance thereof, shall be and the same are hereby repealed, so far as the same are repugnant to or would prevent or inter- fere with the operation of this Act, or any letters patent or instructions to be issued under the authority or in pursuance of this Act: Provided nevertheless, that all laws and ordinances made and acts done under and in pursuance of the said recited Acts, and any charters, letters patent, instructions, or orders in Council issued in pursuance thereof, shall continue as lawful, valid, and effectual as if this Act had not been passed, save so far as any such laws, ordinances, or acts may be repugnant to or would prevent or interfere with the operation of this Act: Provided also, that, until the expiration of the time or latest of the times appointed for the return of writs for the first election of members of the Provincial Coun- cils of the Provinces established by this Act, the existing Provincial Legislative Councils shall continue to have and exercise all rights, jurisdiction, powers, and authorities which they would have had if this Act had not been passed; and until the expiration of the time appointed for the return of the writs for the first election of the members of the House of Representatives to be consti- tuted under this Act, the Legislative Council of New Zealand shall continue to have and exercise all rights, jurisdiction, powers, and authorities which such Legis- lative Council would have had if this Act had not been passed. II. The following Provinces are hereby established in NEW ZEALAND 79 New Zealand; namely, Auckland, New Plymouth, Wel- lington, Nelson, Canterbury, and Otago; and the limits of such several Provinces shall be fixed by proclamation by the Governor as soon as conveniently may be after the proclamation of this Act in New Zealand. III. For each of the said Provinces hereby established, and for every Province hereafter to be established as here- inafter provided, there shall be a Superintendent and a Provincial Council, and the Provincial Council of each of the said Provinces hereby established shall consist of such number of members, not less than nine, as the Governor shall by proclamation direct and appoint. IV. Upon or before the issue of writs for the first election of members of the Provincial Council for any Province established by or under this Act, the persons duly qualified in each of the said Provinces to elect mem- bers for the Provincial Councils as hereinafter mentioned shall elect a Superintendent of such Province; and on the termination of such Council by expiration of the period hereinafter fixed for its continuance, or by the previous dissolution thereof, the persons qualified as aforesaid shall elect the same or some other person to be Superintendent, and so on from time to time; and every such Superin- tendent shall hold his office until the election of his suc- cessor: Provided always, that it shall be lawful for the Governor of New Zealand, on behalf of Her Majesty, to disallow any such election; and if such disallowance be signified by the Governor, under the seal of New Zealand, to the speaker of such Council, at any time within three months after such election, the office of Superintendent shall become vacant; and on any vacancy occasioned by such disallowance, or by the death or resignation of the Superintendent (such resignation being accepted by the 80 AUTONOMY AND FEDERATION WITHIN EMPIRE Governor on behalf of Her Majesty), a new election shall in like manner take place: Provided farther, that at any- time during the continuance of the office of any such superintendent it shall be lawful for Her Majesty to remove him from such office, on receiving an address signed by the majority of the members of such Provincial Council praying for such removal; and thereupon the like proceed- ings shall be had as in the case of any such vacancy as above mentioned. V. It shall be lawful for the Governor, by proclama- tion, to constitute within each of the said Provinces hereby established convenient electoral districts for the election of members of the Provincial Council, and of the Superin- tendent, and to appoint and declare the number of mem- bers to be elected for each such district for the Provincial Council, and to make provision for the registration and revision of lists of all persons qualified to vote at the elections to be holden within such districts, and for the appointing of returning officers, and for issuing, exe- cuting, and returning the necessary writs for such elec- tions, and for taking the poll thereat, and for determining the validity of all disputed returns, and otherwise for ensuring the orderly, effective, and impartial conduct of such elections; and in determining the number and extent of such electoral districts, and the number of members to be elected for each district, regard shall be had to the number of electors within the same, so that the number of members to be assigned to any one district may bear to the whole number of the members of the said Council, as nearly as may be, the same proportion as the number of electors within such district shall bear to the whole number of electors within the limits of the Province. VI. Every person within any Province hereby estab- NEW ZEALAND 81 iished or hereafter to be established who shall be legally- qualified as an elector, and duly registered as such, shall be qualified to be elected a member of the Provincial Council thereof, or to be elected Superintendent thereof: Provided always, that it shall not be necessary that he reside or possess the qualifications in the particular dis- trict for which he may be elected to serve as a member. VII. The members of every such Council shall be chosen by the votes of the inhabitants of the Province who may be qualified as hereinafter mentioned; that is to say, every man of the age of twenty-one years or up- wards having a freehold estate in possession situate within the district for which the vote is to be given of the clear value of fifty pounds above all charges and incumbrances, and of or to which he has been seised or entitled, either at law or in equity, for at least six calendar months next before the last registration of electors, or having a leasehold estate in possession situate within such district, of the clear annual value of ten pounds, held upon a lease which at the time of such registration shall have not less than three years to run, or having a leasehold estate so situate, and of such value as aforesaid, of which he has been in pos- session for three years or upwards next before such regis- tration, or being a householder within such district occupy- ing a tenement within the limits of a town (to be proclaimed as such by the Governor for the purposes of this Act) of the clear annual value of ten pounds, or without the limits of a town of the clear annual value of five pounds, and having resided therein six calendar months next before such registration as aforesaid, shall, if duly registered, be entitled to vote at the election of a member or members for the district. VIII. Provided always, that no person shall be entitled > 82 AUTONOMY AND FEDERATION WITHIN EMPIRE to vote at any such election who is an alien, or who at any time theretofore shall have been attainted or convicted of any treason, felony, or infamous offence within any part of Her Majesty's dominions, unless he shall have received a free pardon, or shall have undergone the sentence of punishment to which he shall have been adjudged for such offence. IX. It shall be lawful for any member of any Pro- vincial Council, by writing under his hand, addressed to the Superintendent of the Province, to resign his seat in the said Council; and upon the receipt by the Superin- tendent of such resignation the seat of such member shall become vacant. X. If any mmber of any Provincial Council shall for two successive sessions of such Council fail to give his attendance therein, or shall become bankrupt, or shall become an insolvent debtor within the meaning of the laws relating to insolvent debtors, or shall become a public defaulter, or be attainted of treason, or be con- victed of felony or any infamous offence, his seat in such Council shall thereupon become vacant. XI. Any question which shall arise respecting any vacancy in a Provincial Council on occasion of any of the matters aforesaid shall be heard and determined by such council, on such question being referred to them for that purpose by the Superintendent of the Province, and not otherwise. XII. Whenever it shall be established to the satisfac- tion of the Superintendent that the seat of any member of the Provincial Council has become vacant, the Superin- tendent shall forthwith issue a writ for the election of a new member to serve in the place so vacated, during the remainder of the term of the continuance of such Council, and no longer. NEW ZEALAND 83 XIII. Every Provincial Council shall continue for the period of four years from the day of the return of the writs for choosing the same, and no longer: Provided always, that it shall be lawful for the Governor, by proc- lamation or otherwise, sooner to dissolve the same, whenever he shall deem it expedient so to do. XIV. The Governor shall cause the first writs for the election of members of the Provincial Council of every Province hereby established to be issued at some time not later than six calendar months next after the Proclamation of this Act in New Zealand; and upon the expiration of the said period of the continuance of any provincial Council, or upon the previous dissolution thereof, the Governor shall cause writs to be issued for the election of members of the ensuing Council. XV. It shall be lawful for the Superintendent, by proc- lamation in the Government Gazette, to fix such place or places within the limits of the Province, and such times for holding the first and every other session of the Provincial Council, as he may think fit, and from time to time, in manner aforesaid, to alter and vary such times and places as he may judge advisable, and most consistent with general convenience. XVI. It shall be lawful for the Superintendent to pro- rogue such Council from time to time, whenever he shall deem it expedient so to do. XVII. Provided always, that there shall be a session of every Provincial Council once at least in every year, so that a greater period than twelve calendar months shall not intervene between the last sitting of the Council in one session and the first sitting of the Council in the next session. XVIII. It shall be lawful for the Superintendent of 84 AUTONOMY AND FEDERATION WITHIN EMPIRE each Province, with the advice and consent of the Pro- vincial Council thereof, to make and ordain all such laws and ordinances (except and subject as hereinafter men- tioned) as may be required for the peace, order, and good government of such Province, provided that the same be not repugnant to the Law of England. XIX. It shall not be lawful for the Superintendent and Provincial Council to make or ordain any law or ordinance for any of the purposes hereinafter mentioned; (that is to say,) 1. The imposition or regulation of duties of customs to be imposed on the importation or exportation of any goods at any port or place in the Province : 2. The establishment or abolition of any Court of judicature of civil or criminal jurisdiction, except courts for trying and punishing such offences as by the law of New Zealand are or may be made punishable in a summary way, or altering the constitution, jurisdiction, or practice of any such court, except as aforesaid: 3. Regulating any of the current coin, or the issue of any bills, notes, or other paper currency : 4. Regulating the weights and measures to be used in the Province or in any part thereof: 5. Regulating the post offices and the carriage of letters within the Province: 6. Establishing, altering, or repealing laws relating to bankruptcy or insolvency: 7. The erection and maintenance of beacons and light- houses on the coast: 8. The imposition of any dues or other charges on shipping at any port or harbor in the Province: 9. Regulating marriages: 10. Affecting lands of the crown, or, lands to which NEW ZEALAND 85 the title of the aboriginal native owners has never been extinguished : 11. Inflicting any disabilities or restrictions on persons of the native race to which persons of European birth or descent would not also be subjected: 12. Altering in any way the criminal law of New Zealand, except so far as relates to the trial and punish- ment of such offences as are now or may by the criminal law of New Zealand be punishable in a summary way as aforesaid : 13. Regulating the course of inheritance of real or personal property, or affecting the law relating to wills. XX. Every Provincial Council shall immediately on their first meeting, and before proceeding to the despatch of any other business, elect one of their members to be the speaker thereof during the continuance of such Council, which election being confirmed by the Superintendent shall be valid and effectual; and in case of vacancy in the said office by death, resignation, or otherwise, then and so often as the same shall happen, the election shall be repeated and confirmed as aforesaid. XXI. The speaker of each Provincial Council shall preside at the meetings of such Council; but in his absence some member elected by the Council shall preside. XXII. No Provincial Council shall be competent to the despatch of any business, unless one third of the whole number of members be present. XXIII. All questions which shall arise in any such Council shall be decided by the majority of votes of the members present other than the speaker or presiding member; but in all cases wherein the votes shall be equal the speaker or presiding member shall have a casting vote. XXIV. Every Provincial Council at their first meet- 86 AUTONOMY AND FEDERATION WITHIN EMPIRE ing, and from time to time afterwards, as occasion may require, shall prepare and adopt such standing rules and orders as may be best adapted for the orderly conduct of the business of such Council, which rules and orders shall be laid before the Superintendent, and being by him approved shall then become binding and in force. XXV. It shall not be lawful for any Provincial Council to pass, or for the Superintendent to assent to any bill appropriating any money to the public service, unless the Superintendent shall first have recommended to the Council to make provision for the specific service to which such money is to be appropriated; and no such money shall be issued or be made issuable except by warrants to be granted by the Superintendent. XXVI. It shall be lawful for the Superintendent to transmit to the Provincial Council, for their consideration, the drafts of any such laws or ordinances as it may appear to him desirable to introduce, and all such drafts shall be taken into consideration in such convenient manner as in and by such rules and orders as aforesaid shall be in that behalf provided. XXVII. Every bill passed by the Provincial Council shall be presented to the Superintendent for the Gover- nor's assent, and the superintendent shall declare, ac- cording to his discretion, (but subject nevertheless to the provisions herein contained, and to such instructions as may from time to time be given him by the Governor,) that he assents to such bill on behalf of the Governor, or that he withholds the assent of the Governor, or that he reserves such bill for the signification of the Governor's pleasure thereon: provided always, that it shall and may be lawful for the Superintendent, before declaring his NEW ZEALAND 87 pleasure in regard to any bill so presented to him, to make such amendments in such bill as he thinks needful or expedient, and to return such bill with such amend- ments to such Council, and the consideration of such amendments by such Council shall take place in such convenient manner as shall in and by the rules and orders aforesaid be in that behalf provided: provided also, that all bills altering or affecting the extent of the several electoral districts which shall be represented in the Pro- vincial Council, or establishing new or other such electoral districts, or altering the number of the members of such Council to be chosen by the said districts respectively, or altering the number of the members of such Council, or altering the limits of any town or establishing any new town, shall be so reserved as aforesaid. XXVIII. Whenever any bill shall have been assented to by the Superintendent as aforesaid, the Superintendent shall forthwith transmit to the Governor an authentic copy thereof. XXIX. It shall be lawful for the Governor at any time within three months after any such bill shall have been received by him to declare by proclamation his dis- allowance of such bill; and such disallowance shall make void and annul the same from and after the day of the date of such proclamation or any subsequent day to be named therein. XXX. No bill which shall be reserved for the significa- tion of the assent of the Governor shall have any force or authority within the Province until the Superintendent shall signify either by speech or message to the Provincial Coun- cil, or by proclamation in the Government Gazette, that such bill has been laid before the Governor, and that the Governor has assented to the same; and an entry shall be 88 AUTONOMY AND FEDERATION WITHIN EMPIRE made in the journals of the Provincial Council of every such speech, message, or proclamation, and a duplicate thereof, duly attested, shall be delivered to the registrar of the Supreme Court, or other proper officer, to be kept among the records of the Province; and no bill which shall be so reserved as aforesaid shall have any force or authority within the Province unless the assent of the Governor thereto shall have been so signified as aforesaid within three months next after the day on which such bill shall have been presented to the Superintendent for the Gov- ernor's assent. XXXI. It shall be lawful for the Governor from time to time to transmit to the Superintendent of any Province, for his guidance in assenting to or withholding assent from bills, or reserving the same for the signification of the Governor's pleasure thereon, such instructions as to the Governor shall seem fit; and it shall be the duty of the Superintendent to act in obedience to such instructions. XXXII. There shall be within the Colony of New Zealand a General Assembly, to consist of the Governor, a Legislative Council, and House of Representatives. XXXIII. For constituting the Legislative Council of New Zealand it shall be lawful for Her Majesty, before the time to be appointed for the first meeting of the general assembly, by an instrument under her royal sign manual, to authorize the Governor in Her Majesty's name to summon to the said Legislative Council such persons, being not less in number than ten, as Her Majesty shall think fit; and it shall also be lawful for Her Majesty from time to time in like manner to authorize the Governor to summon to the said Legislative Council such other person or persons as Her Majesty shall think fit, either for supply- ing any vacancy or vacancies or otherwise; and every NEW ZEALAND 89 person who shall be so summoned shall thereby become a member of the said Legislative Council: Provided always, that no person shall be summoned to such Legis- lative Council who shall not be of the full age of twenty- one years, and a natural born subject of Her Majesty, or a subject of Her Majesty naturalized by Act of Par- liament, or by an Act of the Legislature of New Zealand. XXXIV. Every member of the Legislative Council of New Zealand shall hold his seat therein for the term of his life, subject nevertheless to the provisions hereinafter contained for vacating the same. XXXV. It shall be lawful for any member of the said Legislative Council, by writing under his hand ad- dressed to the Governor, to resign his seat in the said Council; and upon such resignation and acceptance thereof by the Governor the seat of such member shall become vacant. XXXVI. If any Legislative Councillor of New Zea- land shall for two successive sessions of the General Assembly, without the permission of Her Majesty or of the Governor, signified by the said Governor to the Legis- lative Council, fail to give his attendance in the said Legis- lative Council, or shall take any oath or make any declara- tion or acknowledgement of allegiance, obedience, or ad- herence to any foreign prince or power, or shall do, concur in, or adopt any Act whereby he may become a subject or citizen of any foreign State or Power, or become entitled to the rights, privileges, or immunities of a subject or citizen of any foreign State or Power, or shall become bankrupt, or shall become an insolvent debtor within the meaning of the laws relating to insolvent debtors, or shall become a public defaulter, or be attainted of treason, or 90 AUTONOMY AND FEDERATION WITHIN EMPIRE be convicted of felony or any infamous crime, his seat in such Council shall thereby become vacant. XXXVII. Any question which shall arise respecting any vacancy in the said Legislative Council on occasion of any of the matters aforesaid shall be referred by the Governor to the said Legislative Council to be by the said Legislative Council heard and determined: Provided always, that it shall be lawful, either for the person re- specting whose seat such question shall have arisen, or for Her Majesty's Attorney General for New Zealand on Her Majesty's behalf, to appeal from the determination of the said Council in such case to Her Majesty; and the judg- ment of Her Majesty given with the advice of her Privy Council thereon shall be final and conclusive to all intents and purposes. XXXVIII. The Governor shall have the power and authority from time to time to appoint one member of the said Legislative Council to be speaker of such Council, and to remove him and appoint another in his stead. XXXIX. The presence of at least five members of the said Legislative Council, including the speaker, shall be necessary to constitute a meeting for the exercise of its powers; and all questions which shall arise in the said Legislative Council shall be decided by a majority of votes of the members present other than the speaker; and when the votes shall be equal the speaker shall have the casting vote. XL. For the purpose of constituting the House of Representatives of New Zealand it shall be lawful for the Governor, within the time hereinafter mentioned, and thereafter from time to time as occasion shall require, by proclamation in Her Majesty's name, to summon and call together a House of Representatives in and for New NEW ZEALAND 91 Zealand, such House of Representatives to consist of such number of members, not more than forty-two nor less than twenty-four, as the Governor shall by proclamation in that behalf direct and appoint; and every such House of Representatives shall, unless the General Assembly shall be sooner dissolved, continue for the period of five years from the day of the return of the writs for choosing such House, and no longer. XLI. It shall be lawful for the Governor by procla- mation to constitute within Xew Zealand convenient elec- toral districts for the election of members of the said House of Representatives, and to appoint and declare the number of such members to be elected for each such district, and to make provision (so far as may be necessary beyond the provision which may be made for the like purposes in relation to elections for Provincial Councils) for the regis- tration and revision of lists of all persons qualified to vote at the elections to be holden within such districts, and also provision for the appointing of returning officers, and for issuing, executing, and returning the necessary writs for election of members of the House of Representatives, and for taking the poll thereat, and otherwise for ensuring the orderly, effective, and impartial conduct of such elections; and in determining the number and extent of such electoral districts, and the number of members to be elected for each district, regard shall be had to the number of electors within the same, so that the number of members to be assigned to any one district may bear to the whole number of the members of the House of Representatives, as nearly as may be, the same proportion as the number of electors within such district shall bear to the whole number of the electors in New Zealand. XLI I. The members of the said House of Representa- 92 AUTONOMY AND FEDERATION WITHIN EMPIRE tives to be chosen in every electoral district appointed for that purpose shall be chosen by the votes of the inhabitants of New Zealand who shall possess within such district the like qualifications which, when possessed within an electoral district appointed for the election of members of a Pro- vincial Council, would entitle inhabitants of the Province to vote in the election of members of the Provincial Council thereof, and who shall be duly registered as electors; and every person legally qualified as such elector shall be qualified to be elected a member of the said House. XLIII. The Governor shall cause the first writs for the election of members of the said House of Representa- tives to be issued at some time not later than six calendar months next after the proclamation of this act in New Zealand; and upon the expiration of the said period of the continuance of the House of Representatives, or upon the previous determination of such house by the dissolu- tion of the General Assembly, the Governor shall cause writs to be issued for the election of members of the ensuing House of Representatives. XLIV. The General Assembly of New Zealand shall be holden at any place and time within New Zealand which the Governor shall from time to time by procla- mation for that purpose appoint; and the time so to be appointed for the first holding of such General Assembly shall be as soon as conveniently may be after the return of the first writs for the election of members of the said House of Representatives; and the Governor may at his pleasure prorogue or dissolve the General Assembly. XLV. The said House of Representatives shall, until provision be otherwise made in that behalf by law, be judges, without appeal, of the validity of the election of each member thereof. NEW ZEALAND 93 XLVL No member of the said Legislative Council or House of Representatives shall be permitted to sit or vote therein until he shall have taken and subscribed the follow- ing oath before the Governor, or before some person or persons authorized by him to administer such oath: 'I A. B. do sincerely promise and swear, that 1 1 will be faithful and bear true allegiance to 1 Her Majesty Queen Victoria. ' So help me GOD.' XL VI I. Every person authorized by law to make his solemn affirmation or declaration instead of taking an oath may make such affirmation or declaration in lieu of the said oath. XLVIII. The said House of Representatives shall im- mediately on their first meeting proceed to the choice of one of their members as their speaker during the con- tinuance of the said House, which choice, being confirmed by the Governor, shall be valid and effectual; and in case of vacancy of the office by death, resignation, or other- wise, then and so often as the same shall happen, the choice shall be repeated and confirmed as aforesaid. XLIX. It shall be lawful for any member of the said House of Representatives, by writing under his hand addressed to the speaker of the said House, to resign his seat in the said House, and upon such resignation the seat of such member shall become vacant. L. If any member of the said House of Representa- tives shall for one whole session of the General Assembly, without the permission of such House, fail to give his attendance in the said House, or shall take any oath or make any declaration or acknowledgement of allegiance, obedience, or adherence to any foreign prince or power, or do or concur in or adopt any Act whereby he may 94> AUTONOMY AND FEDERATION WITHIN EMPIRE become a subject or citizen of any foreign State or power, or become entitled to the rights, privileges, or immunities of a subject of any foreign state or power, or shall become bankrupt, or shall become an insolvent debtor within the meaning of the laws relating to insolvent debtors, or shall become a public defaulter, or be attainted of treason, or be convicted of felony or any infamous crime, his seat in such House shall thereby become vacant. LI. When and so often as a vacancy shall occur as aforesaid in, any seat in the said House of Representatives, it shall and may be lawful for such House to address the Governor, stating the existence of such vacancy and the cause thereof; and the governor, upon receiving such address, shall cause a writ to be issued for supplying such vacancy. LI I. The said Legislative Council and House of Rep- resentatives at the first sitting of each respectively, and from time to time afterwards as there shall be occasion, shall prepare and adopt such standing rules and orders as shall appear to the said Council and House of Repre- sentatives respectively best adapted for the orderly conduct of the business of such Council and House respectively, and for the manner in which such Council and House re- spectively shall be presided over in case of the absence of the speaker, and for the mode in which such Council and House shall confer, correspond, and communicate with each other relative to votes or bills passed by or pending in such Council and House respectively, and for the manner in which notices of bills, resolutions, and other business intended to be submitted to such Council and House re- spectively at any session thereof may be published in the Government Gazette or otherwise for general information for some convenient space or time before the meeting NEW ZEALAND 95 of such Council and House respectively, and for the proper framing, entitling, and numbering of the bills to be intro- duced into and passed by the said Council and House of Representatives; all of which rules and orders shall by such Council and House respectively be laid before the Governor, and being by him approved shall become binding and of force, but subject nevertheless to the confirmation or disallowance of Her Majesty in manner hereinafter provided respecting the Acts to be made by the Governor with the advice and consent of the said Legislative Coun- cil and House of Representatives; provided that no such rule or order shall be of force to subject any person, not being a member or officer of the Council or House to which it relates, to any pain, penalty, or forfeiture. LIU. It shall be competent to the said General As- sembly (except and subject as hereinafter mentioned) to make laws for the peace, order, and good government of New Zealand, provided that no such laws be repug- nant to the Law of England; and the laws so to be made by the said General Assembly shall control and supersede any laws or ordinances in anywise repugnant thereto, which may have been made or ordained prior thereto by any Provincial Council; and any law or ordinance made or ordained by any Provincial Council in pursuance of the authority hereby conferred upon it, and on any subject whereon under such authority as aforesaid it is entitled to legislate, shall, so far as the same is repugnant to or inconsistent with any Act passed by the General Assembly, be null and void. LIV. It shall not be lawful for the House of Repre- sentatives or the Legislative Council to pass, or for the Governor to assent to any bill appropriating to the public service any sum of money from or out of Her Majesty's 96 AUTONOMY AND FEDERATION WITHIN EMPIRE revenue within New Zealand, unless the Governor on Her Majesty's behalf shall first have recommended to the House of Representatives to make provision for the specific public service towards which such money is to be appro- priated; and (save as herein otherwise provided) no part of Her Majesty's revenue within New Zealand shall be issued except in pursuance of warrants under the hand of the Governor directed to the public treasurer thereof. LV. It shall and may be lawful for the Governor to transmit by message to either the said Legislative Council or the said House of Representatives for their considera- tion the drafts of any laws which it may appear to him desirable to introduce; and all such drafts shall be taken into consideration in such convenient manner as shall in and by the rules and orders aforesaid be in that behalf provided. LVI. Whenever any bill which has been passed by the said Legislative Council and House of Representatives shall be presented for Her Majesty's assent to the Gov- ernor, he shall declare according to his discretion, but subject nevertheless to the provisions contained in this Act and to such instructions as may from time to time be given in that behalf by Her Majesty, her heirs or suc- cessors, that he assents to such bill in Her Majesty's name, or that he refuses his assent to such bill, or that he reserves such bill for the signification of Her Majesty's pleasure thereon: provided always, that it shall and may be lawful for the Governor, before declaring his pleasure in regard to any bill so presented to him, to make such amendments in such bill as he thinks needful or expedient, and by message to return such bill with such amendments to the Legislative Council or the House of Representatives as he shall think the more fitting; and the consideration of such NEW ZEALAND 97 amendments by the said Council and House respectively shall take place in such convenient manner as shall in and by the rules and orders aforesaid be in that behalf provided. LVII. It shall be lawful for Her Majesty, with the advice of Her Privy Council, or under Her Majesty's signet and sign manual, or through one of her principal Secretaries of State, from time to time to convey to the Governor of New Zealand such instructions as to Her Majesty shall seem meet, for the guidance of such Gover- nor, for the exercise of the powers hereby vested in him of assenting to or dissenting from or for reserving for the signification of Her Majesty's pleasure, bills to be passed by the said Legislative Council and House of Representa- tives; and it shall be the duty of such Governor to act in obedience to such instructions. LVIII. Whenever any bill which shall have been pre- sented for Her Majesty's assent to the Governor shall by such Governor have been assented to in Her Majesty's name, he shall by the first convenient opportunity transmit to one of Her Majesty's principal Secretaries of State an authentic copy of such bill so assented to; and it shall be lawful, at any time within two years after such bill shall have been received by the Secretary of State, for Her Majesty, by Order in Council, to declare her disallowance of such bill; and such disallowance, together with a cer- tificate under the hand and seal of the Secretary of State certifying the day on which such bill was received as afore- said, being signified by the Governor to the said Legislative Council and House of Representatives by speech or mes- sage, or by proclamation in the Government Gazette, shall make void and annul the same from and after the day of such signification. LIX. No bill which shall be reserved for the significa- 98 AUTONOMY AND FEDERATION WITHIN EMPIRE tion of Her Majesty's pleasure thereon shall have any force or authority within New Zealand until the Governor shall signify, either by speech or message to the said Legis- lative Council and House of Representatives, or by procla- mation, that such bill has been laid before Her Majesty in Council, and that Her Majesty has been pleased to assent to the same; and an entry shall be made in the journals of the said Legislative Council and House of Representatives of every such speech, message, or procla- mation, and a duplicate thereof, duly attested, shall be delivered to the registrar of the Supreme Court, or other proper officer, to be kept among the records of New Zealand ; and no bill which shall be so reserved as aforesaid shall have any force or authority within New Zealand, unless Her Majesty's assent thereto shall have been so signified as aforesaid within the space of two years from the day on which such bill shall have been presented for Her Majesty's assent to the Governor as aforesaid. LX. The Governor shall cause every Act of the said General Assembly which he shall have assented to in Her Majesty's name to be printed in the Government Gazette for general information, and such publication by such Governor of any such Act shall be deemed to be in law the promulgation of the same. LXI. It shall not be lawful for the said General As- sembly to levy any duty upon articles imported for the supply of Her Majesty's land or sea forces, or to levy any duty, impose any prohibition or restriction, or grant any exemptions, bounty, drawback, or other privilege upon the importation or exportation of any articles or to impose any dues or charges upon shipping contrary to or at variance with any treaty or treaties concluded by Her Majesty with any foreign power. NEW ZEALAND 99 LXII. The Governor is hereby authorized and required to pay out of the revenue arising from taxes, duties, rates, and imposts levied under any Act or Acts of the said General Assembly, and from the disposal of waste lands of the crown, all the costs, charges, and expenses incident to the collection, management, and receipt thereof; also to pay out of the said revenue arising from the disposal of waste lands of the crown such sums as may become payable under the provisions hereinafter contained for or on account of the purchase of land from aboriginal natives, or the release or extinguishment of their rights in any land, and such sums as may become payable to the Xew Zealand Company under the provisions of this Act in respect of the sale or alienation of land: Provided always, that full and particular accounts of all such disbursements shall from time to time be laid before the said Legislative Council and House of Representatives. LXIII. All costs, charges, and expenses, of or incident to the collection, management, and receipt of duties of import and export shall be regulated and audited in such manner as shall be directed by the Commissioners of Her Majesty's Treasury of the United Kingdom of Great Britain and Ireland; and all such costs, charges, and expenses in relation to other branches of the said revenue shall be regulated and audited in such manner as shall be directed by laws of the said General Assembly. LXIV. There shall be payable to Her Majesty, every year out of the revenue arising from such taxes, duties, rates, and imposts, and from the disposal of such waste lands of the Crown in New Zealand, the several sums mentioned in the schedule to this Act; such several sums to be paid for defraying the expenses of the services and purposes mentioned in such schedule, and to be issued by 100 AUTONOMY AND FEDERATION WITHIN EMPIRE the Treasurer of New Zealand in discharge of such war- rants as shall be from time to time directed to him under the hand and seal of the Governor; and the said Treasurer shall account to Her Majesty for the same through the Commissioners of Her Majesty's Treasury of the United Kingdom of Great Britain and Ireland, in such manner and form as Her Majesty shall be graciously pleased to direct. LXV. It shall be lawful for the General Assembly of New Zealand, by any Act or Acts, to alter all or any of the sums mentioned in the said schedule, and the appro- priation of such sums to the services and purposes therein mentioned; but every bill which shall be passed by the said Legislative Council and House of Representatives altering the salary of the Governor, or altering the sum described as for native purposes, shall be reserved for the signification of Her Majesty's pleasure thereon; and until and subject to such alteration by Act or Acts as aforesaid the salaries of the Governor and Judges shall be those respectively set against their several offices in the said schedule; and accounts in detail of the expenditure of the several sums for the time being appropriated under this Act, or such Act or Acts as aforesaid of the said General Assembly, to the several services and purposes mentioned in the said schedule, shall be laid before the said Legislative Council and House of Representatives within thirty days next after the beginning of the session after such expenditure shall have been made: Provided always, that it shall not be lawful for the said General Assembly, by any such Act as aforesaid, to make any diminution in the salary of any Judge to take effect during the continuance in office of any person being such Judge at the time of the passing of such Act. NEW ZEALAND 101 LXVI. After and subject to the payments to be made under the provisions hereinbefore contained all the revenue arising from taxes, duties, rates, and imposts levied in virtue of any Act of the General Assembly, and from the disposal of waste lands of the Crown, under any such Act made in pursuance of the authority herein contained, shall be subject to be appropriated to such specific purposes as by any Act of the said General Assembly shall be prescribed in that behalf; and the surplus of such revenue which shall not be appropriated as aforesaid shall be divided among the several Provinces for the time being established in Xew Zealand under or by virtue of this Act, in the like proportions as the gross proceeds of the said revenue shall have arisen therein respectively, and shall be paid over to the respective treasuries of such Provinces for the public uses thereof, and shall be subject to the appropriation of the respective Provincial Councils of such Provinces. LXVI I. It shall be lawful for the said General As- sembly, by any Act or Acts, from time to time, to establish new electoral districts for the purpose of electing members of the said House of Representatives, to alter the bounda- ries of electoral districts for the time being existing for such purposes, to alter and appoint the number of members to be chosen for such districts, to increase the whole number of members of the said House of Representatives, and to alter and regulate the appointment of returning officers, and make provision in such manner as they may deem expedient for the issue and return of writs for the election of the members of such House and the time and place of holding such elections, and for the determination of con- tested elections for such House. LXVIII. It shall be lawful for the said General As- 102 AUTONOMY AND FEDERATION WITHIN EMPIRE sembly, by any Act or Acts, to alter from time to time any provisions of this Act and any laws for the time being in force concerning the election of members of the said House of Representatives, and the qualification of electors and members; provided that every bill for any of such purposes shall be reserved for the signification of Her Majesty's pleasure thereon, and a copy of such bill shall be laid before both Houses of Parliament for the space of thirty days at the least before Her Majesty's pleasure thereon shall be signified. LXIX. It shall be lawful for the said General As- sembly, by any Act or Acts from time to time, to con- stitute new Provinces in New Zealand, to direct and ap- point the numbers of members of which the Provincial Council thereof shall consist, and to alter the boundaries of any Provinces for the time being existing, and to alter the provisions of this Act and any laws for the time being in force respecting the election of members of the Provincial Councils, the powers of such Councils, and the distribution of the said surplus revenue between the several Provinces of New Zealand; provided always, that any bill for any of the said purposes shall be reserved for the signification of Her Majesty's pleasure thereon. LXX. It shall be lawful for Her Majesty, in and by any letters patent to be issued under the great seal of the United Kingdom, from time to time to constitute and establish within any district or districts of New Zealand one or more municipal corporation or corporations, and to grant to any such corporation all or any of the powers which, in pursuance of the statutes in that behalf made and provided, it is competent to Her Majesty to grant to the inhabitants of any town or borough in England and Wales incorporated in virtue of such statutes or any of them, and to qualify and restrict the exercise of any such NEW ZEALAND 103 powers in such and the same manner as, by the statutes aforesaid or any of them, Her Majesty may qualify or restrict the exercise of any such powers as aforesaid in England: Provided always, that all provisions of any such letters patent, and all byelaws or regulations made by any such corporation, shall be subject to alteration or repeal by any Ordinance or Act of the Provincial Council for the Province in which any such corporation may be established, or of the General Assembly, according to their respective powers hereinbefore declared. LXXI. And whereas it may be expedient that the laws, customs, and usages of the aboriginal or native inhabitants of New Zealand, so far as they are not repug- nant to the general principles of humanity, should for the present be maintained for the government of themselves, in all their relations to and dealings with each other, and that particular districts should be set apart within which such laws, customs, or usages should be so observed: It shall be lawful for Her Majesty, by any letters patent to be issued under the great seal of the United Kingdom, from time to time to make provision for the purposes aforesaid, any repugnancy of any such native laws, cus- toms, or usages to the law of England, or to any law, statute, or usage in force in Xew Zealand, or any part thereof, in anywise notwithstanding. LXXII. Subject to the provisions herein contained, it shall be lawful for the said General Assembly to make laws for regulating the sale, letting, disposal, and occupation of the waste lands of the Crown in New Zealand; and all lands wherein the title of natives shall be extinguished as hereinafter mentioned, and all such other lands as are described in an Act of the session holden in the tenth and eleventh years of Her Majesty, chapter one hundred and 104 AUTONOMY AND FEDERATION WITHIN EMPIRE twelve, to promote colonization in New Zealand, and to authorize a loan to the New Zealand Company, as demesne lands of the Crown, shall be deemed and taken to be waste lands of the Crown within the meaning of this Act: Provided always, that subject to the said provisions, and until the said General Assembly shall otherwise enact, it shall be lawful for Her Majesty to regulate such sale, letting, disposal, and occupation by instructions to be issued under the signet and royal sign manual. LXXIII. It shall not be lawful for any person other than Her Majesty, her heirs or successors, to purchase or in anywise acquire or accept from the aboriginal natives land of or belonging to or used or occupied by them in common as tribes or communities, or to accept any release or extinguishment of the rights of such aboriginal natives in any such land as aforesaid; and no conveyance or transfer, or agreement for the conveyance or transfer, of any such land, either in perpetuity or for any term or period, either absolutely or conditionally, and either in property or by way of lease or occupancy, and no such release or extinguishment as aforesaid, shall be of any validity or effect unless the same be made to, or entered into with, and accepted by Her Majesty, her heirs or successors: Provided always, that it shall be lawful for Her Majesty, her heirs and successors, by instructions under the signet and royal sign manual, or signified through one of Her Majesty's principal Secretaries of State, to delegate her powers of accepting such conveyances or agreements, releases or relinquishments, to the Governor of New Zealand, or the Superintendent of any Province within the limits of such Province, and to prescribe or regulate the terms on which such conveyances or agree- ments, releases, or extinguishments, shall be accepted. NEW ZEALAND 105 LXXIV. And whereas under and by virtue of the said last mentioned Act, and of a notice given on the fourth day of July one thousand eight hundred and fifty by the New Zealand Company in pursuance of such Act, the sum of two hundred and sixty-eight thousand three hundred and seventy pounds fifteen shillings, with interest after the yearly rate of three pounds ten shillings per centum upon the said sum, or so much thereof as shall from time to time remain unpaid, is charged upon and payable to the New Zealand Company out of the proceeds of the sales of the demesne lands of the Crown in New Zealand: In respect of all sales or other alienations of any waste lands of the Crown in New Zealand in fee simple or for any less estate or interest (except by way of license for occupation for pastoral purposes for any term of years not exceeding seven, and not containing any contract for the renewal of the same, or for a further estate, interest, or license, or by way of reservation of such lands as may be required for public roads or other internal communica- tions whether by land or water, or for the use or benefit of the aboriginal inhabitants of the country, or for pur- poses of military defence, or as the sites of places of public worship, schools, or other public buildings, or as places for the interment of the dead, or places for the recreation and amusement of the inhabitants of any town or village, or as the sites of public quays or landing places on the sea coast or shores of navigable streams, or for any other purpose of public safety, convenience, health, or enjoy- ment,) there shall be paid to the said New Zealand Com- pany towards the discharge of the principal sum and interest charged as aforesaid, in lieu of all and every other claim of the said Company in respect of the said sum, except where otherwise hereinafter provided, so long as 106 AUTONOMY AND FEDERATION WITHIN EMPIRE the same or any part thereof respectively shall remain unpaid, one fourth part of the sum paid by the purchaser in respect of every such sale or alienation: Provided always, that it shall be lawful for the New Zealand Com- pany, by any resolution of a majority of the proprietors of the said Company present at any meeting of such pro- prietors, and certified under the common seal of such Company, to release all or any part of the said lands from the monies or payment charged thereon by the said Act or this Act, or any part of such monies or payment, either absolutely or upon any terms or conditions, as such pro- prietors may think fit. LXXV. It shall not be lawful for the said General Assembly to repeal or interfere with all or any of the provisions of an Act of the session holden in the thirteenth and fourteenth years of Her Majesty, chapter seventy, entitled " An Act empowering the Canterbury Association to dispose of certain lands in New Zealand," or of an Act passed in the session then next following, chapter eighty-four, to alter and amend the said first-mentioned Act: Provided always, that on the expiration or sooner determination of the functions, powers, and authorities now vested in or lawfully exercised by the said association, the provisions of the present Act shall come into force as re- gards the lands to which the said Acts relate. LXXVI. It shall be lawful for the Canterbury Associa- tion, at any time after a Provincial Council shall have been constituted under this Act for the Province of Canter- bury, to transfer to the said Council all such functions, powers, and authorities, and the said Council is hereby empowered to accept such transfer, upon such terms and conditions as shall be agreed upon between the said Council and the said Association: Provided always, that nothing NEW ZEALAND 107 contained in such terms and conditions shall interfere with the rights of Her Majesty, her heirs and successors, or of the New Zealand Company respectively; and from and after such time as shall be agreed upon between the said Council and the said Association, the said Council shall have and be entitled to exercise all the said functions, powers, and authorities. LXXVII. Nothing in this Act or in any Act, law, or ordinance to be made by the said General Assembly, or by any Provincial Assembly, shall affect or interfere with so much of an Act of the session holden in the fourteenth and fifteenth years of Her Majesty, chapter eighty-six, entitled " An Act to regulate the affairs of certain settlements established by the New Zealand Com- pany in New Zealand," as relates to the administration of the fund for the public purposes of the settlement of Nelson. LXXVIII. And whereas certain terms of purchase and pasturage of land in the settlement of Otago had been issued by the New Zealand Company before the fourth day of July one thousand eight hundred and fifty, and the said terms, or part of them, were in force on that day as con- tracts between the New Zealand Company and the Asso- ciation of lay members of the Free Church of Scotland, commonly called the Otago Association: And whereas by the provisions of the said Act of the tenth and eleventh years of Her Majesty, and of the said notice given by the New Zealand Company, the lands of the said Company in New Zealand reverted to and became vested in Her Majesty as part of the demesne lands of the Crown, subject nevertheless to any contract then subsisting in regard to any of the said lands: And whereas it is expedient that provision should be made to enable Her Majesty to fulfil 108 AUTONOMY AND FEDERATION WITHIN EMPIRE the contracts contained in such terms of purchase and pasturage as aforesaid: It shall be lawful for Her Majesty for that purpose to make provision, by way of regulations to be contained in any charter to be granted to the said Association, for the disposal of the lands to which the said terms of purchase and pasturage relate, so far as the same are still in force as aforesaid, and for varying from time to time such regula- tions, with such consent by or on behalf of the said Asso- ciation as in any such charter or instructions shall be specified, and for fixing the boundaries thereof, and for enabling the said Association to transfer its powers to the Provincial Council for the Province of Otago: Provided always, that no such charter shall be granted or have effect for any longer term than ten years from the passing of this Act; but one of Her Majesty's principal Secretaries of State may at any time during the term for which such charter shall be granted, by writing under his hand, extend the term for which such charter shall have been granted for such further time as in his discretion he may think fit: Provided always, that it shall not be lawful for Her Maj- esty, by any such regulations as aforesaid, to diminish the sum now payable to the New Zealand Company in respect to all waste land sold under the said terms of purchase, unless with the consent of the New Zealand Company, signified as hereinbefore provided; and during the continuance of such charter as aforesaid, it shall not be lawful for the said General Assembly to repeal or interfere with any such regulations respecting lands in Otago, except with such consent by or on behalf of the Otago Association as in any such charter or instructions may be provided, and (so far as the rights of the New NEW ZEALAND 109 Zealand Company may be affected) with the consent of such Company signified as hereinbefore provided; and every bill which shall repeal or interfere with any such regulations shall be reserved for the signification of Her Majesty's pleasure thereon. LXXIX. It shall be lawful for Her Majesty, by any such letters patent as aforesaid, or instructions under Her Majesty's signet and sign manual, or signified through one of Her Majesty's principal Secretaries of State, to delegate to the Governor any of the powers hereinbefore reserved to Her Majesty respecting the removal of Superintendents of provinces, and the regulation of the sale, letting, dis- posal, and occupation of waste lands, the establishment of municipal corporations, and the preservation of aboriginal laws, customs, and usages. LXXX. In the construction of this Act the term " Governor " shall mean the person for the time being lawfully administering the Government of New Zealand; and for the purposes of this Act " New Zealand " shall be held to include all territories, islands and countries lying between thirty-three degrees of south latitude and fifty degrees of south latitude, and one hundred and sixty-two degrees of east longitude and one hundred and seventy-three degrees of west longitude reckoning from the meridian of Greenwich. LXXXI. This Act shall be proclaimed in New Zea- land by the Governor thereof within six weeks after a copy of such Act shall have been received by such Gover- nor, and, save as herein expressly provided, shall take effect in New Zealand from the day of such proclamation thereof. LXXXII. The proclamation of this Act, and all proc- 110 AUTONOMY AND FEDERATION WITHIN EMPIRE lamations to be made under the provisions thereof, shall be published in the New Zealand Government Gazette. Schedule referred to in the foregoing Act. Governor £2,500 Chief Justice 1,000 Puisne Judge 800 Establishment of the General Government 4,700 Native Purposes 7,000 £16,000 DESPATCH FROM THE COLONIAL SECRE- TARY TO THE ACTING GOVERNOR IN NEW ZEALAND AUTHORIZING THE ESTABLISHMENT OF RESPONSIBLE GOVERNMENT x December 8, 1854 I have to acknowledge your despatches of the numbers and dates specified in the margin, reporting the proceed- ings which have taken place in the General Assembly of New Zealand on the subject of the future Executive Gov- ernment of the Colony. As regards the most important portion of that subject, I have taken the earliest opportunity of informing you that Her Majesty's Government have no objection what- ever to offer to the establishment of the system known as responsible government, in New Zealand. They have no reason to doubt that it will prove the best adapted for developing the interests as well as satisfying the wishes of the community. Nor have they any desire to propose terms, or to lay down restrictions on your assent to the measures which may be necessary for i Commons Papers, 1854-55, vol. 38, No. 160, p. 39. NEW ZEALAND 111 that object, except that of which the necessity appears to be fully recognised by the General Assembly, namely, the making provision for certain officers who have ac- cepted their offices on the equitable understanding of their permanence, and who may now be liable to removal. The only officers mentioned in your despatches as likely to fall within this category, are the Colonial Secretary and Treas- urer, and the Attorney General, nor am I myself aware of any others; but I do not wish to fetter your discretion, if further consideration makes it, in your opinion, desirable to alter the list. Should the arrangements made for this purpose be in your judgment satisfactory, you are authorized to admit at once the new holder of office under the responsible system, reporting their names for confirmation in the usual manner. There will be no occasion, on this supposition, for a further reference to the home Government before the change is carried into effect. But if the arrangements proposed should not meet your approval, which I trust will not be the case, the appeal to the home Government for ultimate decision will be unavoidable. The preliminary steps for the introduction of responsible government being thus few and plain, I do not understand the opinion which some portions of this correspondence appear to convey, and which is supported by the language of your address of 31st August, that legislative enact- ment by the General Assembly is required to bring the change into operation. In this country the recognised plan of Parliamentary government, by which Ministers are responsible to Parliament, and their continuance in office practically depends on the votes of the two Houses, rests on no written law, but on usage only. In carrying a similar system into effect in the North American Colon- 112 AUTONOMY AND FEDERATION WITHIN EMPIRE ies legislation has indeed been necessary, to make a bind- ing arrangement for the surrender by the Crown of the territorial revenues, which has generally formed part of the scheme, and for the establishment of a civil list, but not for any other purpose. In New Zealand the terri- torial revenue has already been ceded to the Assembly, and Her Majesty's Government have no terms to propose with reference to the civil list already established. Unless, therefore, there are local laws in existence which would be repugnant to the new system, legislation seems uncalled for, except for the very simple purpose of securing their pensions to retiring officers; and if uncalled for, such legislation is objectionable, because the laws so enacted would probably stand in the way of the various partial changes which it might be necessary to adopt in the de- tails of a system in its nature liable to much modification. The shortness of the time at my command, as I am anxious to answer your despatches by the present mail, prevents me from entering on the details of the narrative contained in your despatches; nor, indeed, does there ap- pear any necessity for my doing so; I am satisfied that you acted to the best of your judgment under the circum- stances in which you were placed; and it gives me much pleasure to find that the ultimate result of the deliberations of the General Assembly has been the adoption of the ordinary and most satisfactory course, namely, that of referring the question of responsible government to Her Majesty's Minister for complete adjustment, instead of putting it partially in practice, and leaving some important question bearing on it undecided. There are passages in your address already referred to, of 31st August, to the General Assembly, after its pro- rogation, to which I feel it my duty shortly to advert. NEW ZEALAND 113 You appear in that address to have especially called the attention of the Assembly to the expediency of legislation on a subject upon which they could not, by the constitu- tion, legislate at all; I refer to the proposal for rendering the Legislative Council elective. It is also extremely doubtful whether the proposed measure for authorizing the superintendents to dissolve Provincial Councils, a function reserved by section 13 of the Constitutional Act to the Governor, is within the powers of the General Assembly. So, too, the constituting Auckland as a separate govern- ment, under a Lieutenant Governor, and with exclusive powers of legislation, if I rightly understand what is meant by the proposal, is also a measure which it would be beyond the power of that body to carry into execution. You appear also to propose the foundation of a new federal convention (apart from the General Assembly), which would be an innovation irreconcilable with the existing fundamental law. I do not now enter on the question of the expediency of these several schemes, but I am anxious to call your attention to the inconvenience of inviting the Legislature to originate measures to which the Crown could not assent, as such assent would be invalid. The views of Her Majesty's Government on these points will be communicated to the Governor, who will, I hope, shortly proceed to New Zealand, but as you have yourself conducted the proceedings reported in your pres- ent despatches, and I am very desirous to avoid unneces- sary delay, I have no hesitation in authorising you to act in person on my present instructions. 114 AUTONOMY AND FEDERATION WITHIN EMPIRE REPORT OF THE ACTING GOVERNOR ON RECEIPT OF THE FOREGOING DESPATCH » May 31, 1855 Having consulted my Executive Council as regards the steps most advisable to pursue in order to carry out re- sponsible Government in this Colony, I have now the honor to enclose for your information an extract from the minutes of the Council, as well as the Gazette, containing a copy of a circular addressed to the members of the General Assembly, by which you will perceive I have decided on meeting that body on the day appointed, viz., the 5th July next, for the purpose of bringing forward a bill, of the nature required by your despatch, No. 39, of the 8th December 1854, and of making provision for the public service, till responsible ministers shall have had time to take upon themselves the government of the coun- try, reserving the question of dissolution, in the event of its being found advisable to give the constituency an op- portunity of electing members under the new form of government, when in all probability the Governor will have arrived, furnished with the views of Her Majesty on the points adverted to in your despatch above quoted. i Commons Papers, 1860, vol. 46, No. 2719, p. 119. NEW ZEALAND 115 EXTRACT FROM THE MINUTES OF THE EXECUTIVE COUNCIL 1 May 25, 1855 His Excellency the Officer administering the Govern- ment called the attention of the Council to the despatch, No. 39, of the 8th December 1854' respecting responsible Government for New Zealand, and requested advice as to the meeting of the General Assembly, which at present stands prorogued to the 5th July next. It appeared to the Council, after due consideration, that the course most desirable to be pursued would be to allow the General Assembly to meet on the 5th July next, the day to which it was prorogued, to submit to them, then, simply, two bills, one the necessary preliminary before " responsible government " can be established, and the other granting the continuation of die expenditure, upon the present estimates, for a specified period. It may then become a question whether the proper course will not be to dissolve the Assembly, to afford the constituencies an opportunity of electing members with a view to the new form of government; the impression is that it would be the proper course. At all events, a prorogation for some time will be required to enable a responsible ministry to make the necessary preparations to meet the Assembly. 1 Ibid. Enclosure in the foregoing Report. 116 AUTONOMY AND FEDERATION WITHIN EMPIRE CIRCULAR TO THE MEMBERS OF THE GENERAL ASSEMBLY 1 May 31, 1855 Auckland, 31st May 1855 His Excellency the Officer administering the Govern- ment has directed that the following circular, addressed to the members of the General Assembly in the Southern Provinces, and the accompanying despatch from the Sec- retary of State, should be published for general informa- tion: Circular By command of his Excellency the Officer administering the Government, I have the honor to inform you that Mr. Carkeek, the Collector of Customs at Wellington, has been instructed to make arrangements for the conveyance of yourself and other Members of the General Assembly from the Southern Provinces to Auckland, for the ap- proaching session, on the 5th of July next. Some uncertainty exists as to the means of conveyance that may be available for that purpose, in consequence of the proprietors of the " Nelson " steamer having declined to renew the contract for continuing steam communication between the several Provinces of the Colony, and should the Collector of Customs at Wellington fail to procure the required means of conveyance in due time, or should any other obstacle arise to prevent Members of the Gen- eral Assembly reaching Auckland at the time appointed, I have to inform you that his Excellency will be prepared i Commons Papers, 1860, vol. 46, No. 2719, p. 119. Announced by the Colonial Secretary in Auckland (enclosure in the Report). NEW ZEALAND 117 to prorogue the opening of the session. Mr. Carkeek has been directed to inform you of the arrangements alluded to so soon as they are completed. As his Excellency conceives that it may be convenient to members to be informed of the course which his Excellency proposes to pursue on the opening of the Assembly, I have the honor to state, that it is his Excel- lency's wish that responsible government should be estab- lished at the earliest convenient time, and with that view he will cause to be laid before the Assembly a bill of the nature required by the despatch from the Secretary of State on the subject, dated 8th December 1854, a copy of which is annexed. The only other business, as it appears to his Excellency, that it will be requisite for the Assembly at once to deal with, will be to make temporary provision (probably by the renewal of the present appropriations for a limited period) for the public service till a responsible ministry shall have had time to take upon themselves the government of the country, and be enabled to meet the Assembly after sufficient time shall have been afforded for the requisite preparation. Having disposed of these measures, it is not his Excellency's present intention to propose any other; and, in order to afford the electors an opportunity of choosing members with a view to the new form of government, his Excellency is of opinion that the dissolution of the Assembly ought to take place immediately afterwards. Should this, however, on further consideration, not be deemed advisable, it still appears to his Excellency indispensable that the Assembly should be prorogued for some months, in order that the responsible ministry may be afforded sufficient time to make themselves acquainted with the affairs of the Colony and to prepare such measures as they may deem necessary to propose to the Assembly. 118 AUTONOMY AND FEDERATION WITHIN EMPIRE REPORT OF THE ACTING GOVERNOR ON OPENING THE GENERAL ASSEMBLY 1 August 10, 1855 Referring to my despatch of the 5th ultimo, No. 77, I now do myself the honor of enclosing, for your in- formation, the accompanying copy of an address I opened the General Assembly with on the day appointed, namely, the 8th instant, by which it will be perceived that my first desire has been to carry out the instructions from the Sec- retary of State, with a view to the complete establishment of responsible government in New Zealand ; and then, after securing an appropriation of the revenue for so long as may be deemed necessary, to leave to another session of the General Assembly, as soon as the constituencies shall have had an opportunity of electing those in whom they place confidence, every other subject involving questions of policy, on which his Excellency Colonel Gore Browne will, no doubt, be furnished with instructions. ADDRESS OF THE ACTING GOVERNOR IN OPENING THE GENERAL ASSEMBLY 2 August 8, 1855 Honorable Gentlemen of the Legislative Council, and Gentlemen of the House of Representatives. When I prorogued the General Assembly of New Zea- i Commons Papers, 1860, vol. 46, No. 2719, p. 135. 2 Ibid., p. 136. Enclosure in the Report of August 10. NEW ZEALAND 119 land in the month of September last, I did not then en- tertain an expectation that it would become my duty to be present, in the same capacity, at the opening of another session. It is, however, a source of great satisfaction to me that it has pleased Her Majesty to permit me to continue in the Government of this Colony sufficiently long to see the accomplishment of that ample measure of self-government which this Assembly, and I believe the colonists in gen- eral, have so ardently desired. Whatever may have been the differences of opinion during the former sessions of this Assembly, as to the time or the manner of introducing without reserve, "min- isterial responsibility" in the conduct of the legislative and executive proceedings of the Government, we were all, I feel assured, sincerely anxious that the colonists of New Zealand should have conferred on them, without unnecessary delay the advantages of that form of govern- ment in its integrity. At the close of the session it became my duty to transmit to the Secretary of State the representations which I had received praying for the establishment of responsible gov- ernment, and it afforded me much gratification to add my earnest recommendation in favor of granting that which I believe will be highly conducive to the welfare and ad- vancement of the Colony. On its being communicated to me that Her Majesty's Imperial Government had complied with our wishes, I took the earliest opportunity of making known that fact to the Colony by the publication in the "Government Gazette" of an extract from the Secretary of State's despatch, and since then I have placed in your hands a copy of that despatch, in order that you might be made aware of the 120 AUTONOMY AND FEDERATION WITHIN EMPIRE preliminary measures which are required to be taken by the General Assembly, and of the views of Her Majesty's Government on the subject. Gentlemen of the Assembly, It now rests with you to take the next step ; on my part I can assure you that whatever remains to be done by me for the complete and satisfactory establishment of re- sponsible government, will, without hesitation, be most cheerfully performed. I do not anticipate that the present session need be a protracted one. Legislation on important subjects, not at the same time urgent, will not, it appears to me, be desir- able in our present state of transition. It has been communicated to me by the Secretary of State for the Colonies, that I may shortly expect my suc- cessor in the Government, and it has also been intimated to me that he has been placed in possession of the views of Her Majesty's Imperial Government on several of the most important subjects which engaged the attention of this Legislature during its former sessions. Not only these subjects, but indeed every other involving any important question of policy, would, I think, be more properly dealt with after the Executive Government of the country shall have passed into the hands of those with whom will rest the responsibility of administering the laws which shall be enacted. In the present position of the affairs of the Colony, the most suitable course, as it appears to me, would be to limit the business of the session to what is absolutely neces- sary to be done, and that another session of the General Assembly should be held as soon as the constituencies shall NEW ZEALAND 121 have had an opportunity of electing those in whom they place confidence, and the ministry which shall be formed shall have been enabled to make due preparation for meet- ing the Legislature. Entertaining these views, it is my intention to lay before you only two measures for your consideration; the one, of the nature indicated by the Secretary of State's des- patch, with a view to the complete establishment of re- sponsible government; and the other, for the appropriation of the revenue for so long as may be deemed necessary to afford a responsible ministry time to lay their financial policy before the Assembly. I am not aware that there is any other business so urgent as to demand immediate attention, or indeed that would not be better left to be disposed of after the contemplated changes in the Government shall have taken place. I trust, Gentlemen of the Assembly, I need hardly as- sure you that, during the short time it yet remains for me to administer the Government of this Colony, I shall feel it a pleasure, as well as my duty, to afford my humble but earnest cooperation in all measures calculated to pro- mote the welfare and happiness of both races of Her Majesty's subjects. REPORT OF THE ACTING GOVERNOR UPON THE RECEPTION OF HIS ADDRESS BY THE GENERAL ASSEMBLY 1 August 11, 1855 I have the honor to transmit herewith the accompany- ing copies of the replies received from the Legislative i Commons Papers, 1860, vol. 46, No. 2719, p. 138. 122 AUTONOMY AND FEDERATION WITHIN EMPIRE Council and House of Representatives to my opening address. 2. As the tenor of these replies is in unison with the views I proposed, and as they convey concurrence with the steps taken for the preservation of peace at New Plym- outh, I trust they may prove more than ordinarily ac- ceptable to your Lordship, and bear me out with the authorities at home in the arrangements I have made under such very peculiar and trying circumstances. 1 REPLY OF THE LEGISLATIVE COUNCIL TO THE ADDRESS 2 August 11, 1855 May it please your Excellency, We, the Legislative Council of New Zealand, in reply to the speech with which your Excellency has opened the third session of the General Assembly, beg respectfully to assure you of our continued desire to afford your Ex- cellency every cooperation and support so long as your Excellency may be called upon to administer the Govern- ment of New Zealand. As regards the principle of responsible government, which your Excellency informs us will shortly come into operation, we feel grateful that Her Majesty has been graciously pleased to accede to the prayer of the Legis- lature, and has sanctioned the introduction of that element in all its integrity into the Government of the Colony. i The Acting Governor had attempted to establish ministerial government in 1854 to meet the demands of the colonists but was unsuccessful because of inade- quate powers; cf., Commons Papers, 1854-55, vol. 38, No. 160, pp. 1-38, 41-42. 2 Commons Papers, 1860, vol. 46, No. 2719, p. 138. Enclosure in the Report of August 11. NEW ZEALAND 123 We beg to assure your Excellency that we shall be prepared to afford our aid towards its complete and satisfactory establishment. ••••••♦ In conclusion, your Excellency may be assured that we shall be prepared, as heretofore, to afford our careful attention to any measures that may be submitted for our consideration in the course of the session. REPLY OF THE HOUSE OF REPRE- SENTATIVES * August 11, 1855 We, the Commons of New Zealand, assembled in their House of Representatives, have received with sentiments of high respect the speech addressed to us by your Ex- cellency at the opening of the present session. We desire to convey to your Excellency our acknow- ledgements for the efforts made by you towards obtaining from the Imperial authority the establishment of respon- sible government for this Colony. i Ibid. Enclosure in the Report of August 11. 124 AUTONOMY AND FEDERATION WITHIN EMPIRE REPORT OF THE GOVERNOR UPON THE DISSOLUTION OF THE GENERAL ASSEMBLY ■ September 18, 1855 The business of the third session of the General Assem- bly having come to a close, I now do myself the honor of transmitting for your Lordship's information a copy of the address I delivered to that body, on Saturday the 15th instant. 2. Having been advised by my Executive Council that a dissolution of the House of Representatives was very desirable, if not imperative, in consequence of the number (fifteen) of seats vacated, I acted on that advice, and dis- solved it by proclamation as enclosed. ADDRESS OF THE GOVERNOR TO THE LEG- ISLATIVE COUNCIL AND HOUSE OF REPRESENTATIVES 2 September 15, 1855 I consider myself fortunate in having arrived in New Zealand at a time when the General Assembly is in ses- sion, as it affords me an opportunity of stating the views I entertain on certain subjects. The communication, which I took the earliest opportun- ity of laying before the two Houses, will have satisfied i Commons Papers, 1860, vol. 46, No. 2719, p. 149. 2 Ibid. Enclosure in the Report of September 18. NEW ZEALAND 125 you that it is the desire of Her Majesty's Government that this Colony shall enjoy the fullest measure of self- government which is consistent with its allegiance to the British Crown. Nor are these sentiments confined to any particular party in the Imperial Parliament, but are shared in by those who differ on most other subjects. Animated by the same feeling, I am prepared to carry out in its integrity the principle of ministerial responsi- bility, being convinced that any other arrangement would be ineffective to preserve that harmony between the legis- lative and the executive branches of the Government which is so essential to the successful conduct of public affairs. Entertaining these views, it will be my object to secure, as early as possible, the introduction of this form of Gov- ernment, which has been so earnestly solicited by the popularly constituted Legislature of this Colony. Indeed, the public interest demands that the present state of tran- sition should be allowed to continue no longer than cir- cumstances peremptorily require. As soon as the necessary arrangements have been made, I shall be prepared to give my confidence to those gentle- men who possess that of the Legislature, and whenever changes may become necessary, I shall permit neither private interests nor private friendships to influence my public conduct. Gentlemen of the House of Representatives. I have much pleasure in thanking you for the liberal provision you have made for the public services, and you may rest assured that the supplies voted shall be expended with the utmost economy consistent with efficiency. 126 AUTONOMY AND FEDERATION WITHIN EMPIRE Gentlemen of the Assembly. Under the peculiar circumstances of the present ses- sion, legislation has not been of an important character. Questions of great public interest have not been dealt with; these have been rightly deferred until they can be considered by a Legislature more fully attended, and assisted in their deliberations by a responsible Ministry. All the bills which have been passed by the Assembly I have had much pleasure in assenting to on behalf of Her Majesty, and I trust these measures will be found to effect beneficial changes in the law. In the position in which I now am it would be impossible to deal satisfactorily with many subjects of importance. I shall therefore defer all matters not requiring immediate attention until the contemplated change in the Govern- ment shall have taken place. In the exercise of the power conferred upon me by the Constitution Act, it is my intention to dissolve this As- sembly without delay. In the absence of any measures on the part of the General Assembly determining otherwise, the next session will be convened and held in Auckland, as soon as it may be convenient to the members from the distant provinces to leave their private affairs. It is my earnest hope and belief that the several con- stituencies of the Colony, duly appreciating their responsi- bility, and guided by an all wise Providence, will exercise their important functions in the manner best calculated to secure the services of Representatives who will efficiently aid me in my endeavors to develope the resources of the country, to elevate the moral and social condition of its inhabitants, to preserve that perfect civil freedom and • NEW ZEALAND 127 religious equality which is now enjoyed by all classes and denominations of Her Majesty's subjects, and by these means to promote the happiness and increase the prosperity of the people of this favored Colony. I now prorogue this Assembly until the first day of October 1855. REPORT OF THE GOVERNOR ON OPENING THE GENERAL ASSEMBLY 1 April 18, 1856 I have the honor to forward for your information the address with which I opened the fourth session of the General Assembly on the 15th instant. ADDRESS OF THE GOVERNOR TO THE GENERAL ASSEMBLY 2 April 15, 1856 Honorable Gentlemen of the Legislative Council, and Gentlemen of the House of Representatives. — Various causes prevented the last Assembly from legis- lating on many subjects materially affecting the welfare of the Colony, and it has been reserved for you to under- take that important duty. Questions involving numerous conflicting interests re- main for your consideration and adjustment, and in the solution of these difficulties an arduous task awaits you. To enable me to call to my councils advisers possessing the confidence of the General Assembly is naturally a subject i Commons Papers, 1860, vol. 46, No. 2719, p. 197. 2 Ibid. Enclosure in the Report of April 18. 128 AUTONOMY AND FEDERATION WITHIN EMPIRE which will engage your earliest attention. This may be considered the corner stone on which all other legislation should be built; and I now repeat in the most explicit terms the assurance which I gave on the prorogation of the last Assembly, that I would give my confidence to the gentlemen who possess that of the Legislature, and that whenever changes become necessary I would allow no personal feelings to influence my public conduct. I doubt not that the gentlemen who accept from you a responsibility conferring such an honorable distinction on themselves will consign to forgetfulness all of the past which has no reference to the future; that they will arm themselves with a determination to disregard all private interests, and, devoting themselves heart and soul to those of New Zealand, they will declare what ought to be enacted for the welfare of the Colony at large. Such conduct will ensure respect from opponents and the esteem of Englishmen, not only in this Colony but throughout the Empire; not only at the present time but in the future, when party feelings and local interests have been obliterated or forgotten, and history records the strength or weakness of those who guided the infant steps of a great country. If, on the contrary, the men chosen for this honorable trust should prove unequal to it, looking for the applause and preferring the interests of a party or a province to that of the Colony at large, then will the power they are unable to wield remain but a moment in their nerveless grasp, and, once released, it will oscillate backward and forward until seized on by some statesmen worthy of their adopted coun- try, strong in the rectitude and integrity of their inten- tions, and regardless of all considerations which can in any way hinder the progress of the public weal. NEW ZEALAND 129 Such are the men whose counsel I desire, and by whose advice I hope to be guided. I rely entirely on your patriotic aid, and feel assured that, however divided you may be by political or party feelings, your best efforts will always be directed to secure the interests of the inhabitants of this country, mindful that their welfare depends on our efficient and faithful exercise of the powers vested in us by the Imperial Gov- ernment. Gentlemen of the Assembly. — Free institutions, deeply graven in the hearts of English- men, the glory of the British nation, framed, amended, and maintained by the wisdom and perseverance of suc- cessive generations, have devolved on you as an inheritance. To them we owe much of that enterprise and independence which have been and are the characteristics of our nation in all parts of the world. They have been transplanted for you in their maturity, and their broad shadow spreads already over this favored land. The history of the growth of these institutions during a thousand years in our native country would be but a tale that is told, and the retrospect of the past but an idle dream, if they teach us no lessons of wisdom. May we profit by them; and when time has consigned all who now hear mer to the stillness of the grave, and children's children have succeeded to the inheritance of their fathers, may those who will then review the acts of this Assembly feel for you that admiration and esteem which we cannot withhold from the time-honored men to whom we owe our origin and our laws. 130 AUTONOMY AND FEDERATION WITHIN EMPIRE REPORT OF THE GOVERNOR ON THE ESTAB- LISHMENT OF RESPONSIBLE GOVERNMENT x April 30, 1856 I have the honor to inform you that on the day previous to the meeting of the Assembly on the 15th instant, I addressed the accompanying letter, marked No. 1, to Mr. Sewell, who is the senior of the gentlemen who held office on similar terms during the first session of the Assembly, and who had at the time of their retirement a large ma- jority in their favor. Mr. Sewell accepted the invitation, and I then placed in his hands the " minute " marked No. 2. Having associated with him Messrs. Whitaker, Bell, and Tancred, this minute was discussed and explained in a " memorandum," marked No. 3. Both documents were then signed and agreed to by Mr. Sewell and Mr. Whita- ker the Attorney General, on the full understanding that the terms were subject to alteration and amendment by the Secretary of State, but not until his decision shall have been received. 2. The Assembly having been prorogued for a few days, met again on the 25th instant, when I addressed to the House of Representatives a message (vide enclosure No. 4.), recommending pensions for those members of the Executive Council whose retirement is a necessary pre- liminary to the formation of responsible government. 3. On the motion being brought forward that the House should enter upon the consideration of this message, Mr. Sewell, in a speech of considerable length, and which I i Commons Papers, 1860, vol. 46, No. 2719, p. 208. NEW ZEALAND 131 forward as reported in one of the local newspapers, made a statement of the policy of the Government he was at- tempting to form. 4. I regret that the immediate departure of the mail prevents my giving you further information on this subject than that the " Pension Bill " has been read a second time, and that it is at present referred to a Committee of the whole House for the purpose of deciding what amount of pension shall be granted to the retiring officers. 5. At present I can only add that the gentlemen men- tioned above, namely, Henry Sewell, Frederick Whitaker, Francis Dillon Bell, and Henry John Tancred, Esquires, have taken the prescribed oaths as members of the Ex- ecutive Council, and that the three former will, as soon as the " Pension Bill " is passed, assume the several offices of Colonial Secretary, Attorney General, and Colonial Treasurer. Mr. Tancred, who is a member of the Legis- lative Council, will have a seat in the Executive Council, but without holding office. 6. I trust that by the next mail responsible government will have been fully established, and that I shall be en- abled to submit satisfactory arrangements for Her Maj- esty's approval and -confirmation. Enclosure jSTo. 1 Auckland, April 14, 1856. The Governor presents his compliments to Mr. Sewell. He would be obliged if Mr. Sewell will confer with him on the subject of a responsible ministry. Having determined on maintaining a perfect neutrality in all party questions, the Governor thinks it right to say that he makes this request to Mr. Sewell, having been one 132 AUTONOMY AND FEDERATION WITHIN EMPIRE of the ministry of which Mr. Fitzgerald (now absent) was the chief, and which possessed the confidence of the As- sembly when they retired from office. Enclosure No. 2 April 15, 1856. The view the Governor takes of the relation between himself and his responsible advisers is as follows : 1st. In all matters under the control of the Assembly, the Governor should be guided by the advice of gentlemen responsible to that body, whether it is or is not in accord- ance with his own opinion on the subject in question. 2d. On matters affecting the Queen's prerogative and imperial interests generally, the Governor will be happy to receive their advice, but when he differs from them in opinion he will (if they desire it) submit their views to the consideration of Her Majesty's Secretary of State, adhering to his own until an answer is received. Among imperial subjects the Governor includes all dealings with the native tribes, more especially in the negotiation of purchases of land. He will receive and act on the advice of his responsible advisers in reference to the amount of money they may desire to have expended in any one year in the purchase of land, but beyond this he considers himself bound to act on his own responsibility. The Governor alone is responsible to Her Majesty for the tranquility of the Colony, which would be endangered by the ordinary and inevitable change of opinion conse- quent on a change in his advisers. It follows as a necessary consequence of these views, that the Chief Land Purchase Commissioner and his subordi- nates must take their orders from the Governor alone. NEW ZEALAND 133 Before giving his assent to Acts passed by Provincial Councils and other matters of a legal nature, the Governor will require the annexed certificate from the Colonial Sec- retary and Attorney General; and in approving appoint- ments to vacant offices, he will require to be assured that the gentlemen recommended are fit and eligible for their respective situations. Enclosure No. 3 Memorandum (a) In explanation of paragraph No. 1, the Governor of course reserves to himself the same constitutional rights in relation to his ministers as are in England practically exercised by the Sovereign. (b) In further explanation of the same paragraph, he intends by the term " matters under the control of the Assembly," all matters whatever relating to the govern- ment of the Colony not referred to in paragraph No. 2. (c) In explanation of paragraph No. 2, the Governor refers to clauses 19, 20, and 21 of the royal instructions accompanying his commission, which oblige him as a general rule to take advice in all matters with his Execu- tive Council. He considers such rule as applying to the subject referred to in paragraph No. 2, and he will not object (having the Queen's sanction to that effect) to limit the members of the Executive Council to his re- sponsible ministers. (d) In explanation of the 4th paragraph, the Gover- nor would observe, that he feels no objection to the House of Representatives defining the specific lands to be pur- chased, it being, however, understood, that it is not to be 134 AUTONOMY AND FEDERATION WITHIN EMPIRE compulsory on the Governor to make purchases, if in his opinion political reasons render it inexpedient to do so. Enclosure No. 4 Message The Governor transmits to the House of Representa- tives for their consideration the draft of a bill to provide for the retirement of certain officers of the Executive Government. The object of this bill is to prepare the way for the introduction of responsible government, by providing for the retirement of the gentlemen who now hold the offices of Colonial Secretary, Attorney General, and Colonial Treas- urer, and who were appointed on the tacit understanding that they would be permanent. The Governor does not propose any specific amount of pensions, but trusts that the House of Representatives will adopt a scale of compensation somewhat similar to that which has been adopted and approved in other British colonies. Should the bill pass into law, no time shall be lost in carrying it into effect. NEW ZEALAND 135 Enclosure No. 5 Pensions Act In the nineteenth year of the reign of Her Majesty Queen Victoria. ANALYSIS Title Preamble 1. Governor may remove from office A. Sinclair, W. Swainson, and A. Shepherd. 2. Annuities to be paid on their ceasing to hold office. 3. To be paid quarterly. 4. Out of general revenue. Schedule. A bill to provide for the retirement of certain officers of the Executive Government. Whereas the offices of Colonial Secretary, Attorney General, and Colonial Treasurer of New Zealand will here- after be held by officers who will be liable from time to time as occasion shall require to retire or be released from office on political grounds: And whereas Andrew Sinclair, Esq., the Colonial Secretary, William Swainson, Esq., the Attorney General and Alexander Shepherd, Esq., the Co- lonial Treasurer, the present holders of the said offices, were respectively appointed thereto on the equitable under- standing that their tenure of the same would be permanent, and it is therefore just that a suitable provision should be made for them on their retiring or being released there- from: Be it therefore enacted by the General Assembly of New Zealand as follows: 1. Whenever it shall appear to the Governor that it would be expedient on political grounds that the said Andrew Sinclair, William Swainson, and Alexander Shep- herd, or any of them, should cease to hold office as afore- said, it shall be lawful for the Governor to remove them or him therefrom. 136 AUTONOMY AND FEDERATION WITHIN EMPIRE 2. To every of them the said Andrew Sinclair, William Swainson, and Alexander Shepherd, on ceasing to hold office, either by such removal or by resignation of office at the request of the Governor, there shall be paid an annuity or pension for the term of his natural life after the rate set opposite to his name in the schedule hereunto annexed. 3. The said annuities or pensions shall commence on the several days on which the said Andrew Sinclair, Wil- liam Swainson, and Alexander Shepherd shall respectively cease to hold office as aforesaid; and shall be paid quar- terly, (that is to say), on the first day of January, the first day of April, the first day of July, and the first day of October in every year. 4. The said annuities or pensions shall issue and be paid out of the general revenue of the Colony of New Zealand, and the acquittances and receipts of the said Andrew Sinclair, William Swainson, and Alexander Shep- herd respectively, or of such person or persons as they shall respectively authorize and appoint to receive the same or any part or parts thereof, shall be good and sufficient discharges for the amounts therein respectively expressed to be paid. Schedule Andrew Sinclair, Colonial Secretary - - £ William Swainson, Attorney General - - £ Alexander Shepherd, Colonial Treasurer - £ NEW ZEALAND 137 FURTHER REPORT ON THE ESTABLISH- MENT OF RESPONSIBLE GOVERNMENT x May 8, 1856 In continuance of my despatch, No. 43, of the 30th ultimo, I have the honor to inform you, that on the 1st instant the House of Representatives again discussed the " Pension Bill." After a long debate, in which various indefinite changes were proposed, Mr. Sewell informed me that the House was of opinion the pensions awarded should be one half of the respective salaries of the retiring officers. I then gave him the enclosed memorandum of my opinion on the subject, which he read to the House on the 2d instant; after which the accompanying "Pension Bill " was passed almost unanimously, and in a manner very gratifying to me as Her Majesty's representative. 2. The Bill having been affirmed in the Legislative Council, I assented to it on the 7th instant, and it has now become law. 3. Consequent on the above, I have the honor to report that the Colonial Secretary, Dr. Sinclair, and the Colonial Treasurer, Mr. Shepherd, have resigned their offices; and that on the same day (the 7th instant) Henry Sewell, Esq., took the " oath of office " as Colonial Secretary, and Francis Dillon Bell, Esq., that of Colonial Treasurer. 4. Mr. Swainson, who has hitherto held the office of Attorney General, being absent on leave in England, I have, with the advice of my Executive Council, cancelled his appointment, and issued a commission to Frederick Whitaker, Esq., who, as a responsible adviser, took the " oath i Commons Papers, 1860, vol. 46, No. 2719, p. 211. 138 AUTONOMY AND FEDERATION WITHIN EMPIRE of office " as Attorney General at the same time as the two gentlemen mentioned above. 5. The difficulties which have elsewhere beset the intro- duction of responsible government have thus been happily removed; and I beg to submit the above arrangements for Her Majesty's favorable consideration and approval. Enclosure Memorandum I have read Mr. Sewell's speech carefully (as reported in the "Southern Cross"); it accurately represents my views on the subject of the pensions. Since the meeting of the House, I have, for the first time, heard definite accusations which could be recognized against the gentlemen whose retirement is in question. I have no desire to shield them if they have been guilty of malversation of office, and if the House will furnish me with sufficient proof thereof I will recommend the Secretary of State to remove them summarily and without pension. Failing any proof of misconduct, I revert to the terms stated in Mr. Sewell's speech. Having reference to what has been done in other Austra- lian Colonies, as stated by Mr. Sewell, and remembering that those gentlemen are called on to retire, not for their own convenience, but for that of the public, I am of opinion that their retiring pensions should not be less than two- thirds of their salaries. The House is of opinion that it should be one-half. The time has therefore arrived for a reference to Her Majesty's Government. I will give my assent to the Pension Bill if it assigns pensions to be fixed by Her Majesty's Government not ex- ceeding two-thirds of their present salary. NEW ZEALAND 139 If I have mistaken my instructions the error will thus be rectified. If I have understood them correctly an uncon- ditional acceptance of other terms would be a dereliction of duty on my part. BEGINNINGS OF RESPONSIBLE GOVERN- MENT REPORTED * May 21, 1856 In continuance of former despatches on the subject of the establishment of responsible government, I have the honor to acquaint you, that on the 4th instant Mr. Sewell informed me that in consequence of an adverse vote on the preceding day he desired to tender his own resignation and that of his colleagues in office. 2. At his recommendation I then sent for Dr. Campbell, and afterwards for Dr. Featherstone, the former having proposed and carried an amendment adverse to Mr. Sew- ell's ministry, and the latter as the ostensible leader of an- other section of the opposition. 3. These gentlemen having declined, or found them- selves unable to assume office, Mr. Sewell and his col- leagues resumed their seats in the Executive Council. 4. On the 14th instant Mr. Fox proposed a series of resolutions, which were approved by the House of Repre- sentatives, and as they are declared to be the base of future legislation, I enclose them as extracted from the " Southern Cross " newspaper. 2 At the conclusion of the debate, Mr. Fox moved a vote of non-confidence, and on i Commons Papers, 1860, vol. 46, No. 2719, p. 222. 2 The resolutions dealt, as to substance, with local colonial questions solely. 140 AUTONOMY AND FEDERATION WITHIN EMPIRE the following day Mr. Sewell and his colleagues again resigned their offices. 5. On Tuesday the 20th I held an Executive Council, at which the resignations of Messrs. Sewell, Whitaker, Bell, and Tancred were accepted, and Messrs. Fox, Hall, Brown, and W. C. Daldy (the latter without office) sworn in as members of the Council. 6. After this the following gentlemen took the oaths for the respective offices set opposite to their names, and I beg to submit these appointments for approval and con- firmation : John Hall, Esq., Colonial Secretary. William Fox, Esq., Attorney General. Charles Brown, Esq., Colonial Treasurer. FINAL ESTABLISHMENT OF RESPONSIBLE GOVERNMENT IN NEW ZEALAND REPORTED ■ May 23, 1856 In reference to Lord John Russell's despatch, No. 1, of May 11, 1855, in which he states (paragraph 5), "As soon as Her Majesty's Government receive intelligence of the establishment of responsible government in New Zea- land, I will cause fresh instructions to be issued omitting the senior military officer from the Executive Council. Until that time the instructions may as well remain un- altered," I have the honor to inform you that responsible government has been fully established in New Zealand. 2. I venture, however, to request that the decision above i Commons Papers, 1860, vol. 46, No. 2719, p. 224. NEW ZEALAND 14] alluded to may be carefully considered. It appears to me that the presence of the officer commanding the troops is attended with many advantages. An opinion given by a person acquainted with the affairs of the Colony, and responsible in that respect, is often different from that which would be given by a military officer viewing the subject in a professional light only. Of this I have already had experience. 3. On the other hand, by the relations established be- tween myself and my responsible advisers, it is understood that questions of ministerial policy are not to be brought before the Executive Council, which will only be convened for purposes required by law to be approved in Council, or when it may be thought necessary to hold consultations unconnected with party views. 4. It should also be remembered that the senior military officer is appointed to succeed the Governor in the event of his death or removal. ABOLITION OF PROVINCES [39 Victoria, No. XXI (N. Z.)] 1875 An Act to provide for the abolition of provinces. Be it enacted by the General Assembly of New Zea- land in Parliament assembled, and by the authority of the same, as follows: 1. The short title of this Act shall be " The Abolition of Provinces Act, 1875." 2. In the construction of this Act the following terms and expressions shall have the meanings hereby respective- Iv attached to them: 142 AUTONOMY AND FEDERATION WITHIN EMPIRE " Governing body " means and includes the Council of any city or borough constituted under " The Municipal Corporations Act, 1867," and the Council, Board of Commissioners, Board of Wardens, Trustees, or the persons or body having the control or government of the local affairs of any city town or place under any of the Acts or Ordinances specified in the fourth column of the first schedule to " The Muni- cipal Corporations Act, 1867," or the person or body having the control or government of the local affairs of any other city town or place, and also the Board, Trustees, Wardens, or the persons or body, as the case may be, having the management, control, or care of roads or high- ways in any road district. " Road district " means and includes any road dis- trict, highway district, or other district howso- ever denominated, heretofore constituted under any Act of the General Assembly or under any provincial enactment in force at the date of the abolition of the Province within which the district was comprised, or that may here- after be constituted under any law for the time being in force providing for the construction, control, maintenance, or repair of highways. " Municipality " means and includes a city or bor- ough constituted under " The Municipal Cor- porations Act, 1867," and any city, town, or place under the control or government of any Council, Board of Commissioners, Board of Wardens, Trustees, or other persons or body under any of the Acts or Ordinances specified NEW ZEALAND 143 in the fourth column of the first schedule to " The Municipal Corporations Act, 1867," or the person or body having the control or gov- ernment of the local affairs of any other city town or place. " Public works " mean and include branch railways, tramways, main roads, public bridges and fer- ries on main roads, docks, quays, piers, wharves, and harbor works, reclamation of land from the sea, protection of land from encroachment or destruction by sea or river. 3. The second section of the Constitution Act is hereby repealed, and the Provinces of Auckland, Hawke's Bay, Taranaki, Wellington, Nelson, Marlborough, Westland, Canterbury, and Otago shall be and are hereby abolished. 4. The portion of the Colony included within any prov- ince abolished hereunder shall, on and after the date of the abolition thereof, be called a Provincial District, and bear the same name as the abolished Province which it comprised. 5. Within the district included within any Province abolished hereunder, all laws in force therein at the date of the abolition of such Province shall, except so far as the same are expressly or impliedly altered or repealed by this Act, and so far as the same are applicable, continue in force in such district until altered or repealed by the General Assembry. 6. Immediately upon the abolition hereunder of any Province, and without any proclamation or other act by the Governor or otherwise, the person who was then in office as Superintendent of such Province shall cease to hold such office, and the Provincial Council of such Province shall be dissolved, and there shall not thereafter be any election of 144 AUTONOMY AND FEDERATION WITHIN EMPIRE a Superintendent or a member of a Provincial Council for the district theretofore included within such abolished Prov- ince; and all laws relating to the election of Superintendents of Provinces and members of Provincial Councils of Prov- inces, and to legislation by Provincial Councils, shall, im- mediately upon the abolition hereunder of any Province, cease to have any operation or effect within and as re- gards the district theretofore included within such abol- ished Province. 7. All powers duties and functions which, immediately before the date of the abolition hereunder of any Province, were, under or by virtue of any law not expressly or im- pliedly repealed or altered hereby, vested in or to be exer- cised or performed by the Superintendnt of such abolished Province, either alone or with the advice and consent of or on the recommendation of the Executive or Provincial Council of such province, or which, by virtue of " The Public Reserves Act, 1854," or any Act amending the same, or by virtue of any Waste Lands Act or any regu- lations made thereunder, or otherwise howsoever, would but for this Act have been exercised only under an ordi- nance of such abolished Province, shall, on the day of the date of the abolition of such Province, and for the purposes of the district included within such abolished Province, vest in and be exercised and performed by the Governor. Such powers duties and functions may be exercised or performed by the Governor as regards the district with respect to which they may be exercised or performed whether the Governor is for the time being within such district or not. 8. All powers duties and functions which, immediately before the date of the abolition hereunder of any Province are, under or by virtue of any law not expressly or im- NEW ZEALAND 145 pliedly repealed, hereby, vested in or to be exercised or performed by the Provincial Treasurer, Provincial Secre- tary, or other public officer of such abolished Province, shall, from and after the date of the abolition of such Province, and for the purpose of the district included within such abolished Province, vest in and be exercised or performed by any person or persons from time to time appointed for the purpose by the Governor. 9. Except as hereinafter provided, all lands tenements goods chattels moneys and things in action, and all real and personal property whatever, and all rights and in- terests therein, which immediately before the date of the abolition hereunder of any Province were vested in or belonged to the Superintendent of any Province as such Superintendent, shall, on the date of the abolition thereof, vest in Her Majesty the Queen for the same purposes and objects, and subject to the same powers and conditions, as those for and subject to which they are now held by the S up er intendent . All revenues and moneys, and all securities for such moneys, which on the date of the abolition of any Province may be the property of or invested on behalf of such Province, shall on the date of the abolition thereof vest in Her Majesty the Queen. Provided that if at the date of the abolition of any Province any moneys or revenues of such Province shall have been specifically set apart, and shall be available for public works or other purposes within such Province, or any district thereof, such moneys or revenues shall be applicable to such purposes accordingly. 10. Immediately on the coming into operation of this Act, all real and personal property whatsoever which is vested in or under the control of the Superintendent of any 146 AUTONOMY AND FEDERATION WITHIN EMPIRE Province comprised within any provincial district, for grammar and common school purposes, or as sites for schools, or for the endowment of primary education, and all lands which shall have been or may hereafter be re- served and set apart for any such purposes or objects as aforesaid, under any Act of the General Assembly, shall be vested in the Board of Education constituted under any Act or Ordinance, or if there shall be more than one such Board in a provincial district, then in such Board or Boards as the Governor in Council shall direct or appoint. All the functions and duties relating to such property which, immediately before the date of the coming into operation of this Act were, under or by virtue of any Act or Ordinance in force in any Province, vested in the Superintendent of such Province, either alone or acting with the advice of his Executive Council, shall, on the coming into operation of this Act, be performed by the Chairman of the Board of Education, in whom such prop- erty shall be vested as aforesaid. All lands hereby vested in a Board of Education shall, subject to any leases or contracts theretofore lawfully entered into relating to the same, be held in trust for the like purposes and with the same powers that the same were held by such Superintendent as aforesaid prior to the coming into operation of this Act. 11. All contracts existing immediately before the date of the abolition hereunder of any Province, and all actions suits proceedings and things begun and not completed at the date of the abolition hereunder of any Province, of by or against the Superintendent of such abolished Province as such, shall belong and attach to and be enforced by and against Her Majesty the Queen. NEW ZEALAND 147 12. In every Act of the General Assembly, except such as relate to the election of Superintendents and Provincial Councils, and to legislation by such Councils and the ap- pointment of Deputy Superintendents, and to audit of provincial accounts, and matters of a like kind, and in every Act or Ordinance of the legislature of an abolished Province, the words, terms, and expressions following shall, with regard to any provincial district, include the meaning hereafter attached to them; that is to say, (1) The word "Province" shall include "pro- vincial district," and when the name of any abolished Province is used, or any Province is otherwise expressly referred to, the enactment shall be deemed to mean and apply to the provincial district of that name. (2) The word " Superintendent " shall, with re- spect to such provincial district, mean the Gov- ernor, or any person or persons whom the Governor may from time to time appoint to perform those duties, and exercise those powers which might, if such duties and powers had to be performed within a Province, be exercised or performed by Superintendents thereof. (3) The expression " Provincial Gazette" or " Provincial Government Gazette" or other similar expressions, shall be deemed to mean " The New Zealand Gazette" or such news- paper as from time to time may be appointed by the Governor for the purpose of inserting therein notifications of any kind relating to the Government of the Colony, or the administra- tion of government within any provincial dis- trict. 148 AUTONOMY AND FEDERATION WITHIN EMPIRE 13. If after the date of the abolition hereunder of any Province the services of any officer in the employment of the Government of the Colony, or of the Provincial Gov- ernment of the abolished Province, are dispensed with in consequence of the abolition of such Province, he shall be paid out of the ordinary revenue of the Colony such sum as he shall be entitled to under the terms of any engage- ment with the Province entered into previous to the fif- teenth September, one thousand eight hundred and seven- ty-five, and in default of any such agreement, then for each year of service one month's salary, according to the rate payable to him at the time of such abolition. 23. Nothing in this Act contained with respect to the appropriation or division of the land fund shall be deemed to alter or affect the liability of the Colony to the public creditor, or to affect any permanent appropriation of or charges upon such revenue under any law in force in the Colony: Provided always that, on and after this Act coming into operation, the endowment of one-fourth of the land revenue of the Timaru and Gladstone Board of Works shall cease. 24. Whenever under any Act of the General Assembly any shire shall be constituted, such shire shall for the pur- poses of this Act be deemed to stand in the place of the several road districts or parts of road districts of which such shire shall be composed, and after the constitution of any shire all moneys which under this Act would have been payable to the Road Boards of which such shire is composed shall be paid and payable to the governing body of the shire. NEW ZEALAND 149 25. (1) Section seventeen of the Constitution Act is hereby repealed. (2) It shall not be lawful for the Superintendent of any Province to convene the Provincial Council thereof, or for any Provincial Council to meet in session, before the day next after the last day of the first session of the next or sixth Parliament of New Zealand. 26. No contract or engagement shall be made or en- tered into after the thirtieth day of September, one thou- sand eight hundred and seventy-five, by the Superintend- ent of any province as such Superintendent, for the con- struction of any railway tramway or harbor works, with- out the consent of the Governor in Council. No other contract or engagement shall be made or entered into after the day last aforesaid by the Superin- tendent of any province as aforesaid, whereby any public money amounting in the whole to one thousand pounds or upwards, shall or may become payable, unless the money required to meet the expenditure to be thereby incurred has been duly appropriated by the Legislature of the province, and the Governor shall have been satisfied prev- iously to the making or entering into such contract or engagement that the provincial revenue receivable before the thirtieth day of September, one thousand eight hundred and seventy-six, will be sufficient to meet such expenditure. 27. Until the day next after the last day of the first session of the next or sixth Parliament of New Zealand, all powers duties and functions which, immediately before the passing of this Act, were under or by virtue of any law vested in or to be exercised or performed by the Superintendent of any province on the recommendation or resolution of the Provincial Council of such province, (under any law or ordinance for the time being in force,) 150 AUTONOMY AND FEDERATION WITHIN EMPIRE shall be exercised by the Superintendent, with the consent of the Governor in Council. 28. Sections twenty-five, twenty-six, and twenty-seven and this section of this Act shall come into operation on the day on which it is assented to by the Governor in the name and on behalf of Her Majesty, and the remaining sections of this Act shall come into operation on the day next after the last day of the first session of the next or sixth Parliament of New Zealand. PART III CANADA HISTORICAL RESUME In 1867 there were three Provinces in continental Canada enjoying responsible government established in somewhat the same manner as that which had been observed in the cases of Newfoundland and New Zealand. These Provinces were united in a federal government by British Imperial Statute, provision being made for an increase in the membership of the federation. The Act of 1867 has been amended by Imperial Statutes from time to time since its passage. The most important and significant of these Acts were passed in 1871, 1875 and 1886. THE BRITISH NORTH AMERICA ACT [30 Victoria, cap. 3] 1867 An Act for the union of Canada, Nova Scotia, and New Brunswick, and the Government thereof; and for pur- poses connected therewith. Whereas the Provinces of Canada, Nova Scotia, and New Brunswick have expressed their desire to be federally united into one Dominion under the Crown of the United Kingdom of Great Britain and Ireland, with a constitution similar in principle to that of the United Kingdom: And whereas such a union would conduce to the welfare of the provinces and promote the interests of the British Empire : And whereas on the establishment of the union by authority of Parliament it is expedient, not only that the constitution of the legislative authority in the Dominion be provided for, but also that the nature of the executive gov- ernment therein be declared: And whereas it is expedient that provision be made for the eventual admission into the union of other parts of British North America: Be it therefore enacted and declared by the Queen's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same as follows: 153 154 AUTONOMY AND FEDERATION WITHIN EMPIRE I . — Preliminary 1. This Act may be cited as the British North America Act, 1867. 2. The provisions of this Act referring to Her Majesty the Queen extend also to the heirs and successors of Her Majesty, kings and queens of the United Kingdom of Great Britain and Ireland. II. — Union 3. It shall be lawful for the Queen, by and with the advice of Her Majesty's most honorable Privy Council, to declare by proclamation that, on and after a day therein appointed, not being more than six months after the pass- ing of this Act, the Provinces of Canada, Nova Scotia, and New Brunswick shall form and be one Dominion under the name of Canada; and on and after that day those three Provinces shall form and be one Dominion under that name accordingly. 4. The subsequent provisions of this Act shall, unless it is otherwise expressed or implied, commence and have effect on and after the union, that is to say, on and after the day appointed for the union taking effect in the Queen's proclamation; and in the same provisions, unless it is other- wise expressed or implied, the name Canada shall be taken to mean Canada as constituted under this Act. 5. Canada shall be divided into four Provinces, named Ontario, Quebec, Nova Scotia, and New Brunswick. 1 6. The parts of the Province of Canada (as it exists at the passing of this Act) which formerly constituted respec- i The following additions have been made to the membership of the confedera- tion: Manitoba, 1870; British Columbia, 1871; Prince Edward Island, 1873; Alberta and Saskatchewan, 1905. CANADA 155 tively the Provinces of Upper Canada and Lower Canada shall be deemed to be severed, and shall form two separate Provinces. The part which formerly constituted the Prov- ince of Upper Canada shall constitute the Province of On- tario ; and the part which formerly constituted the Province of Lower Canada shall constitute the Province of Quebec. 7. The Provinces of Nova Scotia and New Brunswick shall have the same limits as at the passing of this Act. 8. In the general census of the population of Canada which is hereby required to be taken in the year one thou- sand eight hundred and seventy-one, and in every tenth year thereafter, the respective populations of the four Provinces shall be distinguished. *S' III. — Executive Power 9. The executive government and authority of and over Canada is hereby declared to continue and be vested in the Queen. 10. The provisions of this Act referring to the Governor General extend and apply to the Governor General for the time being of Canada, or other the chief executive officer or administrator for the time being carrying on the govern- ment of Canada on behalf and in the name of the Queen, by whatever title he is designated. 11. There shall be a council to aid and advise in the government of Canada, to be styled the Queen's Privy Council for Canada ; and the persons who are to be members of that Council shall be from time to time chosen and summoned by the Governor General and sworn in as Privy Councillors, and members thereof may be from time to time removed by the Governor General. 12. All powers, authorities and functions which under 156 AUTONOMY AND FEDERATION WITHIN EMPIRE any act of the Parliament of Great Britain, or of the Parliament of the United Kingdom of Great Britain and Ireland, or of the legislature of Upper Canada, Lower Canada, Canada, Nova Scotia, or New Brunswick, are at the union vested in or exercisable by the respective Gov- ernors or Lieutenant Governors of those Provinces, with the advice, or with the advice and consent, of the respective executive councils thereof, or in conjunction with those councils, or with any number of members thereof, or by those Governors or Lieutenant Governors individually, shall, as far as the same continue in existence and capable of being exercised after the union in relation to the Govern- ment of Canada, be vested in and exercisable by the Governor General, with the advice, or with the advice and consent, of or in conjunction with the Queen's Privy Council for Canada, or any members thereof, or by the Governor General individually, as the case requires, subject nevertheless (except with respect to such as exist under Acts of the Parliament of Great Britain or of the Parlia- ment of the United Kingdom of Great Britain and Ireland) to be abolished or altered by the Parliament of Canada. 13. The provisions of this Act referring to the Governor General in council shall be construed as referring to the Governor General acting by and with the advice of the Queen's Privy Council for Canada. 14. It shall be lawful for the Queen, if Pier Majesty thinks fit, to authorize the Governor General from time to time to appoint any person or any persons jointly or severally to be his deputy or deputies within any part or parts of Canada, and in that capacity to exercise during the pleasure of the Governor General such of the powers, authorities and functions of the Governor General as the Governor General deems it necessary or expedient to assign CANADA 157 to him or them, subject to any limitations or directions expressed or given by the Queen; but the appointment of such a deputy or deputies shall not affect the exercise by the Governor General himself of any power, authority, or function. 15. The command-in-chief of the land and naval militia, and of all naval and military forces, of and in Canada, is hereby declared to continue and be vested in the Queen. 16. Until the Queen otherwise directs, the seat of gov- ernment of Canada shall be Ottawa. IV. — Legislative Power 17. There shall be one Parliament for Canada, consist- ing of the Queen, an upper house styled the Senate, and the House of Commons. 18. The privileges, immunities, and powers to be held, enjoyed, and exercised by the Senate and by the House of Commons, and by the members thereof respectively, shall be such as are from time to time defined by Act of the Parlia- ment of Canada, but so that the same shall never exceed those at the passing of this Act held, enjoyed, and exercised by the Commons House of Parliament of the United King- dom of Great Britain and Ireland and by the members thereof. 1 19. The Parliament of Canada shall be called together not later than six months after the union. 20. There shall be a session of the Parliament of Canada once at least in every year, so that twelve months shall not intervene between the last sitting of the Parliament in one session and in its first sitting in the next session. i Repealed and replaced by Act of 1875, as given below, pp. 195-196. 158 AUTONOMY AND FEDERATION WITHIN EMPIRE THE SENATE 21. The Senate shall, subject to the provisions of this Act, consist of seventy-two members, who shall be styled Senators. 1 22. In relation to the constitution of the Senate, Canada shall be deemed to consist of three divisions: 1. Ontario; 2. Quebec; 3. The Maritime provinces, Nova Scotia and New Brunswick ; which three divisions shall (subject to the provisions of this Act) be equally represented in the Senate as follows: Ontario by twenty-four Senators; Quebec by twenty-four Senators; and the Maritime provinces by twenty-four Sena- tors, twelve thereof representing Nova Scotia, and twelve thereof representing New Brunswick. In the case of Quebec, each of the twenty-four Senators representing that province shall be appointed for one of the twenty-four electoral divisions of Lower Canada specified in schedule A to chapter one of the consolidated statutes of Canada. 23. The qualifications of a Senator shall be as follows: 1 ) He shall be of the full age of thirty years : 2) He shall be either a natural-born subject of the Queen, or a subject of the Queen naturalized by an Act of the Parliament of Great Britain, or of the Parliament of the United Kingdom of Great Britain and Ireland, or of the legislature of one of the provinces of Upper Canada, Lower Canada, Canada, Nova Scotia, or New Brunswick i By the British North America Act of 1871, the Canadian Parliament was empowered to make provision for the representation therein of provinces subse- quently admitted; see the Act as given below, pp. 193-195. CANADA 159 before the union, or of the Parliament of Canada after the union : 3) He shall be legally or equitably seized as of freehold for his own use and benefit of lands or tenements held in free and common socage, or seized or possessed for his own use and benefit of lands or tenements held in franc-alleu or in roture, within the Province for which he is appointed, of the value of four thousand dollars, over and above all rents, dues, debts, charges, mortgages, and encumbrances due or payable out of, or charged on or affecting the same: 4) His real and personal property shall be together worth four thousand dollars over and above his debts and liabilities : 5) He shall be resident in the province for which he is appointed : 6) In the case of Quebec, he shall have his real property qualification in the electoral division for which he is appointed, or shall be resident in that division. 24. The Governor General shall from time to time, in the Queen's name, by instrument under the great seal of Canada, summon qualified persons to the Senate; and, sub- ject to the provisions of this Act, every person so sum- moned shall become and be a member of the Senate and a Senator. 25. Such persons shall be first summoned to the Senate as the Queen by warrant under Her Majesty's royal sign manual thinks fit to approve, and their names shall be in- serted in the Queen's proclamation of union. 26. If at any time, on the recommendation of the Gover- nor General, the Queen thinks fit to direct that three or six members be added to the Senate, the Governor General may by summons to three or six qualified persons (as the case may be), representing equally the three divisions of Canada, add to the Senate accordingly. 160 AUTONOMY AND FEDERATION WITHIN EMPIRE 27. In case of such addition being at any time made, the Governor General shall not summon any person to the Senate, except on a further like direction by the Queen on the like recommendation, until each of the three divisions of Canada is represented by twenty-four Senators, and no more. 28. The number of Senators shall not at any time exceed seventy-eight. 29. A Senator shall, subject to the provisions of this Act, hold his place in the Senate for life. 30. A Senator may, by writing under his hand, addressed to the Governor General, resign his place in the Senate, and thereupon the same shall be vacant. 31. The place of a Senator shall become vacant in any of the following cases : 1) If for two consecutive sessions of the Parliament he fails to give his attendance in the Senate : 2) If he takes an oath or makes a declaration or acknowl- edgement of allegiance, obedience or adherence to a foreign Power, or does an act whereby he becomes a subject or citizen, or entitled to the rights or privileges of a subject or citizen of a foreign Power: 3) If he is adjudged bankrupt or insolvent, or applies for the benefit of any law relating to insolvent debtors, or be- comes a public defaulter : 4) If he is attainted of treason, or convicted of felony or of any infamous crime : 5) If he ceases to be qualified in respect of property or of residence ; provided that a Senator shall not be deemed to have ceased to be qualified in respect of residence by reason only of his residing at the seat of the government of Canada while holding an office under that Government requiring his presence there. CANADA 161 32. When a vacancy happens in the Senate, by resigna- tion, death, or otherwise, the Governor General shall, by summons to a fit and qualified person fill the vacancy. 33. If any question arises respecting the qualification of a Senator or a vacancy in the Senate, the same shall be heard and determined by the Senate. 34. The Governor General may from time to time, by instrument under the great seal of Canada, appoint a Senator to be speaker of the Senate, and may remove him and appoint another in his stead. 35. Until the Parliament of Canada otherwise provides, the presence of at least fifteen Senators, including the speaker, shall be necessary to constitute a meeting of the Senate for the exercise of its powers. 36. Questions arising in the Senate shall be decided by a majority of voices, and the speaker shall in all cases have a vote, and when the voices are equal the decision shall be deemed to be in the negative. THE HOUSE OF COMMONS 37. The House of Commons shall, subject to the pro- visions of this Act, consist of one hundred and eighty-one members, of whom eighty-two shall be elected for Ontario, sixty-five for Quebec, nineteen for Nova Scotia, and fifteen for New Brunswick. 38. The Governor General shall from time to time, in the Queen's name, by instrument under the great seal of Canada, summon and call together the House of Commons. 39. A Senator shall not be capable of being elected or of sitting or voting as a member of the House of Commons. 40. Until the Parliament of Canada otherwise provides, Ontario, Quebec, Nova Scotia, and New Brunswick shall, 162 AUTONOMY AND FEDERATION WITHIN EMPIRE for the purposes of the election of members to serve in the House of Commons, be divided into electoral districts as follows : 1. — Ontario Ontario shall be divided into the counties, ridings of coun- ties, cities, parts of cities, and towns enumerated in the first schedule to this Act, each whereof shall be an electoral dis- trict, each such district as numbered in that schedule being entitled to return one member. 2. — Quebec Quebec shall be divided into sixty-five electoral districts, composed of the sixty-five electoral divisions into which Lower Canada is, at the passing of this Act, divided under chapter two of the consolidated statutes of Canada, chapter seventy-five of the consolidated statutes for Lower Canada, and the Act of the province of Canada of the twenty-third year of the Queen, chapter one, or any other Act amending the same in force at the union, so that each such electoral division shall be for the purposes of this Act an electoral district entitled to return one member. 3 — Nova Scotia Each of the eighteen counties of Nova Scotia shall be an electoral district. The county of Halifax shall be entitled to return two members, and each of the other counties one member. 4. — New Brunswick Each of the fourteen counties into which New Brunswick is divided, including the city and county of St. John, shaH be an electoral district. The citj 7 of St. John shall also be CANADA 163 a separate electoral district. Each of those fifteen electoral districts shall be entitled to return one member. 41. Until the Parliament of Canada otherwise provides, all laws in force in the several provinces at the union relative to the following matters or any of them, namely, — the quali- fications and disqualifications of persons to be elected or to sit or vote as members of the house of assembly or legislative assembly in the several provinces, the voters at elections of such members, the oaths to be taken by voters, the returning officers, their powers and duties, the proceedings at elections, the periods during which elections may be continued, the trial of controverted elections, and proceedings incident thereto, the vacating of seats of members, and the execution of new writs in case of seats vacated otherwise than by disso- lution, — shall respectively apply to elections of members to serve in the House of Commons for the same several provinces. Provided that, until the Parliament of Canada otherwise provides, at any election for a member of the House of Commons for the district of Algoma, in addition to persons qualified by the law of the Province of Canada to vote, every male British subject, aged twenty-one years or upwards, being a house-holder, shall have a vote. 42. For the first election of members to serve in the House of Commons the Governor General shall cause writs to be issued by such person, in such form and addressed to such returning officers as he thinks fit. The persons issuing writs under this section shall have the like powers as are possessed at the union by the officers charged with the issuing of writs for the election of members to serve in the respective house of assembly or legislative assembly of the Province of Canada, Nova Scotia, or New Brunswick; and the returning officers to whom writs are 164 AUTONOMY AND FEDERATION WITHIN EMPIRE directed under this section shall have the like powers as are possessed at the union by the officers charged with the re- turning of writs for the election of members to serve in the same respective house of assembly or legislative assembly. 43. In case of vacancy in the representation in the House of Commons of any electoral district happens before the meeting of the Parliament, or after the meeting of the Parliament before provision is made by the Parliament in this behalf, the provisions of the last foregoing section of this Act shall extend and apply to the issuing and returning of a writ in respect of such vacant district. 44. The House of Commons on its first assembling after a general election shall proceed with all practicable speed to elect one of its members to be speaker. 45. In case of a vacancy happening in the office of speaker by death, resignation, or otherwise, the House of Commons shall with all practicable speed proceed to elect another of its members to be speaker. 46. The speaker shall preside at all meetings of the House of Commons. 47. Until the Parliament of Canada otherwise provides, in case of the absence for any reason of the speaker from the chair of the House of Commons for a period of forty- eight consecutive hours, the house may elect another of its members to act as speaker, and the member so elected shall during the continuance of such absence of the speaker have and execute all the powers, privileges, and duties of speaker. 48. The presence of at least twenty members of the House of Commons shall be necessary to constitute a meet- ing of the House for the exercise of its powers, and for that purpose the speaker shall be reckoned as a member. 49. Questions arising in the House of Commons shall be decided by a majority of voices other than that of the CANADA 165 speaker, and when the voices are equal, but not otherwise, the speaker shall have a vote. 50. Every House of Commons shall continue for five years from the day of the return of the writs for choosing the House (subject to be sooner dissolved by the Governor General), and no longer. 51. On the completion of the census in the year one thousand eight hundred and seventy-one, and of each subse- quent decennial census, the representation of the four Prov- inces shall be readjusted by such authority, in such manner, and from such time, as the Parliament of Canada from time to time provides, subject and according to the follow- ing rules: 1) Quebec shall have the fixed number of sixty-five members : 2) There shall be assigned to each of the other Provinces such a number of members as will bear the same proportion to the number of its population (ascertained at such census) as the number sixty-five bears to the number of the popu- lation of Quebec (so ascertained) : 3) In the computation of the number of members for a Province a fractional part not exceeding one-half of the whole number requisite for entitling the Province to a mem- ber shall be disregarded; but a fractional part exceeding one-half of that number shall be equivalent to the whole number : 4) On any such readjustment the number of members for a Province shall not be reduced unless the proportion which the number of the population of the Province bore to the number of the aggregate population of Canada at the then last preceding readjustment of the number of members for the Province is ascertained at the then latest census to be diminished by one-twentieth part or upwards : 166 AUTONOMY AND FEDERATION WITHIN EMPIRE 5) Such readjustment shall not take effect until the ter- mination of the then existing Parliament. 52. The number of members of the House of Commons may be from time to time increased by the Parliament of Canada, provided the proportionate representation of the Provinces prescribed by this Act is not thereby disturbed. MONEY VOTES: ROYAL ASSENT 53. Bills for appropriating any part of the public rev- enue, or for imposing any tax or impost, shall originate in the House of Commons. 54. It shall not be lawful for the House of Commons to adopt or pass any vote, resolution, address, or bill for the appropriation of any part of the public revenue, or of any tax or impost, to any purpose that has not been first recom- mended to that House by message of the Governor General in the session in which such vote, resolution, address, or bill is proposed. 55. Where a bill passed by the Houses of the Parliament is presented to the Governor General for the Queen's assent, he shall declare, according to his discretion, but subject to the provisions of this Act and to Her Majesty's instruc- tions, either that he assents thereto in the Queen's name, or that he withholds the Queen's assent, or that he reserves the bill for the signification of the Queen's pleasure. 56. Where the Governor General assents to a bill in the Queen's name, he shall by the first convenient opportunity send an authentic copy of the Act to one of Her Majesty's principal Secretaries of State, and if the Queen in Council within two years after receipt thereof by the Secretary of State thinks fit to disallow the Act, such disallowance (with CANADA 167 a certificate of the Secretary of State of the day on which the Act was received by him) being signified by the Gov- enor General, by speech or message to each of the Houses of the Parliament or by proclamation, shall annul the Act from and after the day of such signification. 57. A bill reserved for the signification of the Queen's pleasure shall not have any force unless and until, within two years from the day on which it was presented to the Governor General for the Queen's assent, the Governor General signifies, by speech or message to each of the Houses of the Parliament or by proclamation, that it has received the assent of the Queen in Council. An entry of every such speech, message, or proclamation shall be made in the journal of each House, and a duplicate thereof duly attested shall be delivered to the proper officer to be kept among the records of Canada. V. — Provincial Constitutions EXECUTIVE POWER 58. For each Province there shall be an officer, styled the Lieutenant Governor, appointed by the Governor Gen- eral in council by instrument under the great seal of Canada. 59. A Lieutenant Governor shall hold office during the pleasure of the Governor General; but any Lieutenant Gov- ernor appointed after the commencement of the first session of the Parliament of Canada shall not be removable within five years from his appointment, except for cause assigned, which shall be communicated to him in writing within one month after the order for his removal is made, and shall be communicated by message to the Senate and to the House of Commons, within one week thereafter if the Parliament 168 AUTONOMY AND FEDERATION WITHIN EMPIRE is then sitting, and if not then within one week after the commencement of the next session of the Parliament. 60. The salaries of the Lieutenant Governors shall be fixed and provided by the Parliament of Canada. 61. Every Lieutenant Governor shall, before assuming the duties of his office, make and subscribe before the Governor General or some person authorized by him oaths of allegiance and office similar to those taken by the Governor General. 62. The provisions of this Act referring to the Lieu- tenant Governor extend and apply to the Lieutenant Gov- ernor for the time being of each Province, or other the chief executive officer or administrator for the time being carry- ing on the government of the Province, by whatever title he is designated. 63. The Executive Council of Ontario and of Quebec shall be composed of such persons as the Lieutenant Gov- ernor from time to time thinks fit, and in the first instance of the following officers, namely, — the Attorney General, the Secretary and Registrar of the Province, the Treasurer of the Province, the Commissioner of Crown Lands, and the Commissioner of Agriculture and Public Works, with in Quebec the Speaker of the Legislative Council and the Solicitor General. 64. The constitution of the executive authority in each of the Provinces of Nova Scotia and New Brunswick shall, subject to the provisions of this Act, continue as it exists at the union until altered under the authority of this Act. 65. All powers, authorities, and functions which under any Act of the Parliament of Great Britain, or of the Parliament of the United Kingdom of Great Britain and Ireland, or of the legislature of Upper Canada, Lower Canada, or Canada, were or are before or at the union CANADA 169 vested in or exercisable by the respective Governors or Lieutenant Governors of those Provinces, with the advice or with the advice and consent of the respective executive councils thereof, or in conjunction with those councils, or with any number of members thereof, or by those Gov- ernors or Lieutenant Governors individually, shall, as far as the same are capable of being exercised after the union in relation to the government of Ontario and Quebec re- spectively, be vested in and shall or may be exercised by the Lieutenant Governor of Ontario and Quebec respec- tively, with the advice or with the advice and consent of or in conjunction with the respective executive councils or any members thereof, or by the Lieutenant Governor individu- ally, as the case requires, subject nevertheless (except with respect to such as exist under Acts of the Parliament of Great Britain or of the Parliament of the United Kingdom of Great Britain and Ireland), to be abolished or altered by the respective legislatures of Ontario and Quebec. 66. The provisions of this Act referring to the Lieu- tenant Governor in Council shall be construed as referring to the Lieutenant Governor of the Province acting by and with the advice of the executive council thereof. 67. The Governor General in Council may from time to time appoint an administrator to execute the office and func- tions of Lieutenant Governor during his absence, illness, or other inability. 68. Unless and until the executive government of any Province otherwise directs with respect to that Province, the seats of government of the provinces shall be as follows, namely, — of Ontario, the city of Toronto; of Quebec, the city of Quebec; of Nova Scotia, the city of Halifax; and of New Brunswick, the city of Fredericton. 170 AUTONOMY AND FEDERATION WITHIN EMPIRE LEGISLATIVE POWER 1. — Ontario 69. There shall be a legislature for Ontario consisting of the Lieutenant Governor and of one house, styled the Legislative Assembly of Ontario. 70. The Legislative Assembly of Ontario shall be com- posed of eighty-two members, to be elected to represent the eighty-two electoral districts set forth in the first schedule to this Act. 2. — Quebec 71. There shall be a legislature for Quebec consisting of the Lieutenant Governor and two Houses, styled the Legis- lative Council of Quebec and the Legislative Assembly of Quebec. 72. The Legislative Council of Quebec shall be com- posed of twenty-four members, to be appointed by the Lieutenant Governor in the Queen's name by instrument under the great seal of Quebec, one being appointed to represent each of the twenty-four electoral divisions of Lower Canada in this Act referred to, and each holding office for the term of his life, unless the legislature of Quebec otherwise provides under the provisions of this Act. 73. The qualifications of the Legislative Councillors of Quebec shall be the same as those of the Senators for Quebec. 74. The place of a Legislative Councillor of Quebec shall become vacant in the cases, mutatis mutandis, in which the place of Senator becomes vacant. 75. When a vacancy happens in the Legislative Council of Quebec by resignation, death, or otherwise, the Lieu- tenant Governor, in the Queen's name, by instrument under CANADA 171 the great seal of Quebec, shall appoint a fit and qualified person to fill the vacancy. 76. If any question arises respecting the qualifications of a Legislative Councillor of Quebec, or a vacancy in the Legislative Council of Quebec, the same shall be heard and determined by the Legislative Council. 77. The Lieutenant Governor may from time to time, by instrument under the great seal of Quebec, appoint a mem- ber of the Legislative Council of Quebec to be speaker thereof, and may remove him and appoint another in his stead. 78. Until the legislature of Quebec otherwise provides, the presence of at least ten members of the Legislative Council, including the speaker, shall be necessary to con- stitute a meeting for the exercise of its powers. 79. Questions arising in the Legislative Council of Quebec shall be decided by a majority of voices, and the speaker shall in all cases have a vote, and when the voices are equal the decision shall be deemed to be in the negative. 80. The legislative assembly of Quebec shall be composed of sixty-five members, to be elected to represent the sixty- five electoral divisions or districts of Lower Canada in this Act referred to, subject to alteration thereof by the legisla- ture of Quebec: provided that it shall not be lawful to present to the Lieutenant Governor of Quebec for assent any bill for altering the limits of any of the electoral divisions or districts mentioned in the second schedule to this Act, unless the second and third readings of such bill have been passed in the legislative assembly with the concurrence of the majority of the members represent- ing all those electoral divisions or districts, and the assent shall not be given to such bill unless an address has been 172 AUTONOMY AND FEDERATION WITHIN EMPIRE presented by the legisative assembly to the Lieutenant Gov- ernor stating that it has been so passed. 3. — Ontario and Quebec 81. The legislatures of Ontario and Quebec, respectively, shall be called together not later than six months after the union. 82. The Lieutenant Governor of Ontario and of Quebec shall, from time to time, in the queen's name, by instrument under the great seal of the Province, summon and call to- gether the legislative assembly of the Province. 83. Until the legislature of Ontario or of Quebec other- wise provides, a person accepting or holding in Ontario or in Quebec any office, commission or employment, permanent or temporary, at the nomination of the Lieutenant Gov- ernor, to which an annual salary, or any fee, allowance, emolument, or profit of any kind or amount whatever from the Province is attached, shall not be eligible as a member of the legislative assembly of the respective Province, nor shall he sit or vote as such; but nothing in this section shall make ineligible any person being a member of the executive council of the respective Province, or holding any of the following offices, that is to say, the offices of Attorney General, Secretary and Registrar of the Province, Treas- urer of the Province, Commissioner of Crown Lands, and Commissioner of Agriculture and Public Works, and in Quebec Solicitor General, or shall disqualify him to sit or vote in the house for which he is elected, provided he is elected while holding such office. 84. Until the legislatures of Ontario and Quebec respec- tively otherwise provide, all laws which at the union are in force in those Provinces respectively, relative to the follow- CANADA 173 ing matters, or any of them, namely, — the qualifications and disqualifications of persons to be elected or to sit or vote as members of the assembly of Canada, the qualifications or disqualifications of voters, the oaths to be taken by voters, the returning officers, their powers and duties, the proceed- ings at elections, the periods during which such elections may be continued, and the trial of controverted elections and the proceedings incident thereto, the vacating of the seats of members, and the issuing and execution of new writs in case of seats vacated otherwise than by dissolution, — shall respec- tively apply to elections of members to serve in the respective legislative assemblies of Ontario and Quebec. Provided that until the legislature of Ontario otherwise provides, at any election for a member of the legislative assembly of Ontario for the district of Algoma, in addition to persons qualified by the law of the Province of Canada to vote, every male British subject aged twenty-one years or upwards, being a householder, shall have a vote. 85. Every legislative assembly of Ontario and every leg- islative assembly of Quebec shall continue for four years from the day of the return of the writs for choosing the same (subject, nevertheless, to either the legislative assem- bly of Ontario or the legislative assembly of Quebec being sooner dissolved by the Lieutenant Governor of the Prov- ince), and no longer. 86. There shall be a session of the legislature of Ontario and of that of Quebec once at least in every year, so that twelve months shall not intervene between the last sitting of the legislature in each province in one session and its first sitting in the next session. 87. The following provisions of this Act respecting the House of Commons of Canada, shall extend and apply to the legislative assemblies of Ontario and Quebec, that is to 174 AUTONOMY AND FEDERATION WITHIN EMPIRE say, — the provisions relating to the election of a speaker originally and on vacancies, the duties of the speaker, the absence of the speaker, the quorum, and the mode of voting, as if those provisions were here reenacted and made applica- ble in terms to each such legislative assembly. 4. — Nova Scotia and New Brunswick 88. The constitution of the legislature of each of the Provinces of Nova Scotia and New Brunswick shall, sub- ject to the provisions of this Act, continue as it exists at the union until altered under the authority of this Act; and the house of assembly of New Brunswick existing at the passing of this Act shall, unless sooner dissolved, continue for the period for which it was elected. 5. — Ontario , Quebec, and Nova Scotia 89. Each of the Lieutenant Governors of Ontario, Quebec, and Nova Scotia shall cause writs to be issued for the first election of members of the legislative assembly thereof in such form and by such person as he thinks fit, and at such time and addressed to such returning officer as the Governor General directs, and so that the first election of member of assembly for any electoral district or any subdivision thereof shall be held at the same time and at the same places as the election for a member to serve in the House of Commons of Canada for that electoral district. 6. — The Four Provinces 90. The following provisions of this Act respecting the Parliament of Canada, namely, — the provisions relating to CANADA 175 appropriation and tax bills, the recommendation of money votes, the assent to bills, the disallowance of acts and the signification of pleasure on bills reserved, — shall extend and apply to the legislatures of the several Provinces as if those provisions were here reenacted and made applicable in terms to the respective Provinces and the legislatures thereof, with the substitution of the Lieutenant Governor of the Province for the Governor General, of the Governor General for the Queen and for a Secretary of State, of one year for two years, and of the Province of Canada. VI. — Distribution of Legislative Powers POWERS OF THE PARLIAMENT 91. It shall be lawful for the Queen, by and with the advice and consent of the Senate and House of Commons, to make laws for the peace, order and good government of Canada, in relation to all matters not coming within the classes of subjects by this Act assigned exclusively to the legislatures of the Provinces; and for greater certainty, but not so as to restrict the generality of the foregoing terms of this section, it is hereby declared that (notwith- standing anything in this Act) the exclusive legislative authority of the Parliament of Canada extends to all mat- ters coming within the classes of subjects next hereinafter enumerated, that is to say, — 1 ) The public debt and property. 2) The regulation of trade and commerce. 3 ) The raising of money by any mode or system of taxa- tion. 4 ) The borrowing of money on the public credit. 5) Postal service. 6) The census and statistics. 176 AUTONOMY AND FEDERATION WITHIN EMPIRE 7) Militia, military and naval service, and defence. 8) The fixing of and providing for the salaries and allow- ances of civil and other officers of the government of Canada. 9) Beacons, buoys, lighthouses, and Sable Island. 10) Navigation and shipping. 11) Quarantine and the establishment and maintenance of marine hospitals. 12) Sea coast and inland fisheries. 13) Ferries between a province and any British or for- eign country or between two provinces. 14) Currency and coinage. 15) Banking, incorporation of banks, and the issue of paper money. 16) Savings banks. 17) Weights and measures. 18) Bills of exchange and promissory notes. 19) Interest. 20) Legal tender. 21) Bankruptcy and insolvency. 22) Patents of invention and discovery. 23) Copyrights. 24) Indians, and lands reserved for the Indians. 25) Naturalization and aliens. 26) Marriage and divorce. 27) The criminal law, except the constitution of courts of criminal jurisdiction, but including the procedure in criminal matters. 28) The establishment, maintenance, and management of penitentiaries. 29) Such classes of subjects as are expressly excepted in the enumeration of the classes of subjects by this Act assigned exclusively to the legislatures of the Provinces. And any matter coming within any of the classes of sub- CANADA 177 jects enumerated in this section shall not be deemed to come within the class of matters of a local or private nature com- prised in the enumeration of the classes of subjects by this Act assigned exclusively to the legislatures of the Provinces. EXCLUSIVE POWERS OF PROVINCIAL LEGISLATURES 92. In each Province the legislature may exclusively make laws in relation to matters coming within the classes of subjects next hereinafter enumerated; that is to say, — 1) The amendment from time to time, notwithstanding anything in this Act, of the Constitution of the Province, except as regards the office of Lieutenant Governor. 2) Direct taxation within the Province in order to the raising of a revenue for provincial purposes. 3) The borrowing of money on the sole credit of the Province. 4) The establishment and tenure of provincial offices and the appointment and payment of provincial officers. 5) The management and sale of the public lands belong- ing to the Province and of the timber and wood thereon. 6) The establishment, maintenance, and management of public and reformatory prisons in and for the Province. 7) The establishment, maintenance, and management of hospitals, asylums, charities, and eleemosynary institutions in and for the province, other than marine hospitals. 8) Municipal institutions in the Province. 9) Shop, saloon, tavern, auctioneer, and other licenses, in order to the raising of a revenue for provincial, local, or municipal purposes. 10) Local works and undertakings, other than such as are of the following classes : — a) Lines of steam or other ships, railways, canals, tele- 178 AUTONOMY AND FEDERATION WITHIN EMPIRE graphs, and other works and undertakings connecting the Province with any other or others of the Provinces, or ex- tending beyond the limits of the Province ; b) Lines of steamships between the Province and any British or foreign country; c) Such works as, although wholly situate within the Province, are before or after their execution declared by the Parliament of Canada to be for the general advantage of Canada or for the advantage of two or more of the Provinces. 11) The incorporation of companies with provincial objects. 12) The solemnization of marriage in the Province. 13) Property and civil rights in the Province. 14) The administration of justice in the Province, in- cluding the constitution, maintenance, and organization of provincial courts, both of civil and of criminal jurisdiction, and including procedure in civil matters in those courts. 15) The imposition of punishment by fine, penalty, or imprisonment for enforcing any law of the Province made in relation to any matter coming within any of the classes of subjects enumerated in this section. 16) Generally all matters of a merely local or private nature in the Province. EDUCATION 93. In and for each Province the legislature may exclu- sively make laws in relation to education, subject and accord- ing to the following provisions: 1) Nothing in any such law shall prejudicially affect any right or privilege with respect to denominational CANADA 179 schools which any class of persons have by law in the Prov- ince at the union: 2) All the powers, privileges, and duties at the union by law conferred and imposed in Upper Canada on the sep- arate schools and school trustees of the Queen's Roman Catholic subjects, shall be and the same are hereby ex- tended to the dissentient schools of the Queen's Protestant and Roman Catholic subjects in Quebec: 3) Where in any Province a system of separate or dis- sentient schools exists by law at the union, or is thereafter established by the legislature of the Province, an appeal shall lie to the Governor General in council from any Act or decision of any provincial authority affecting any right or privilege of the Protestant or Roman Catholic minority of the Queen's subjects in relation to education: 4) In case any such provincial law as from time to time seems to the Governor General in Council requisite for the due execution of the provisions of this section is not made, or in case any decision of the Governor General in Council on any appeal under this section is not duly executed by the proper provincial authority in that behalf, then and in every such case, and as far only as the circumstances of each case require, the Parliament of Canada may make remedial laws for the due execution of the provisions of this section, and of any decision of the Governor General in Council under this section. UNIFORMITY OF LAWS IN ONTARIO, NOVA SCOTIA, AND NEW BRUNSWICK 94. Notwithstanding anything in this Act, the Parlia- ment of Canada may make provision for the uniformity of all or any of the laws relative to property and civil 180 AUTONOMY AND FEDERATION WITHIN EMPIRE rights in Ontario, Nova Scotia, and New Brunswick, and of the procedure of all or any of the courts in those three Provinces, and from and after the passing of any Act in that behalf, the power of the Parliament of Canada to make laws in relation to any matter comprised in any such Act shall, notwithstanding anything in this Act, be unrestricted ; but any Act of the Parliament of Canada making provision for such uniformity shall not have effect in any Province unless and until it is adopted and enacted as law by the legislature thereof. AGRICULTURE AND IMMIGRATION 95. In each Province the legislature may make laws in relation to agriculture in the Province, and to immigration into the Province; and it is hereby declared that the Parlia- ment of Canada may from time to time make laws in relation to agriculture in all or any of the Provinces, and to immigration into all or any of the Provinces; and any law of the legislature of a Province relative to agriculture or to immigration, shall have effect in and for the Province as long and as far only as it is not repugnant to any act of the Parliament of Canada. VII. — Judicature 96. The Governor General shall appoint the judges of the superior, district, and county courts in each Province, except those of the courts of probate in Nova Scotia and New Brunswick. 97. Until the laws relative to property and civil rights in Ontario, Nova Scotia, and New Brunswick, and the pro- cedure of the courts in those provinces, are made uniform, CANADA 181 the judges of the courts of those Provinces appointed by the Governor General shall be selected from the respective bars of those Provinces. 98. The judges of the courts of Quebec shall be selected from the bar of that Province. 99. The judges of the superior courts shall hold office during good behavior, but shall be removable by the Gov- ernor General on address of the Senate and House of Commons. 100. The salaries, allowances, and pensions of the judges of the superior, district, and county courts (except the courts of probate in Nova Scotia and New Brunswick) , and of the admiralty courts in cases where the judges thereof are for the time being paid by salary, shall be fixed and provided by the Parliament of Canada. 101. The Parliament of Canada may, notwithstanding anything in this Act, from time to time provide for the constitution, maintenance, and organization of a general court of appeal for Canada, and for the establishment of any additional courts for the better administration of the laws of Canada. VIII. — Revenues; Debts; Assets; Taxation 102. All duties and revenues over which the respective legislatures of Canada, Nova Scotia, and New Brunswick before and at the union had and have power of appropria- tion, except such portions thereof as are by this Act reserved to the respective legislatures of the Provinces, or are raised by them in accordance with the special powers conferred on them by this Act, shall form one consolidated revenue fund, to be appropriated for the public service of Canada in the manner and subject to the charges in this Act provided. 182 AUTONOMY AND FEDERATION WITHIN EMPIRE 103. The consolidated revenue fund of Canada shall be permanently charged with the costs, charges, and expenses incident to the collection, management and receipt thereof, and the same shall form the first charge thereon, subject to be reviewed and audited in such manner as shall be ordered by the Governor General in council until the Par- liament otherwise provides. 104. The annual interest of the public debts of the sev- eral Provinces of Canada, Nova Scotia, and New Bruns- wick at the union shall form the second charge on the con- solidated revenue fund of Canada. 105. Unless altered by the Parliament of Canada, the salary of the Governor General shall be ten thousand pounds sterling money of the United Kingdom of Great Britain and Ireland, payable out of the consolidated rev- enue fund of Canada, and the same shall form the third charge thereon. 106. Subject to the several payments by this Act charged on the consolidated revenue fund of Canada, the same shall be appropriated by the Parliament of Canada, for the public service. 107. All stocks, cash, bankers' balances, and securities for money belonging to each Province at the time of the union, except as in this Act mentioned, shall be the prop- erty of Canada, and shall be taken in reduction of the amount of the respective debts of the Provinces at the union. 108. The public works and property of each Province, enumerated in the third schedule to this Act, shall be the property of Canada. 109. All lands, mines, minerals, and royalties belonging to the several Provinces of Canada, Nova Scotia, and New Brunswick at the union, and all sums then due or payable CANADA 183 for such lands, mines, minerals, or royalties, shall belong to the several provinces of Ontario, Quebec, Nova Scotia, and New Brunswick in which the same are situate or arise, subject to any trusts existing in respect thereof, and to any interest other than that of the Province in the same. 110. All assets connected with such portions of the public debt of each Province as are assumed by that Prov- ince shall belong to that Province. 111. Canada shall be liable for the debts and liabilities of each Province existing at the union. 112. Ontario and Quebec conjointly shall be liable to Canada for the amount (if any) by which the debt of the Province of Canada exceeds at the union sixty-two million five hundred thousand dollars, and shall be charged with interest at the rate of five per centum per annum thereon. 113. The assets enumerated in the fourth schedule to this Act belonging at the union to the Province of Canada shall be the property of Ontario and Quebec conjointly. 114. Xova Scotia shall be liable to Canada for the amount (if any) by which its public debt exceeds at the union eight million dollars, and shall be charged with in- terest at the rate of five per centum per annum thereon. 115. New Brunswick shall be liable to Canada for the amount (if any) by which its public debt exceeds at the union seven million dollars, and shall be charged with interest at the rate of five per centum per annum thereon. 116. In case the public debts of Xova Scotia and Xew Brunswick do not at the union amount to eight million and seven million dollars respectively, they shall respectively receive by half-yearly payments in advance from the Gov- ernment of Canada, interest at five per centum per annum on the difference between the actual amounts of their re- spective debts and such stipulated amounts. 184 AUTONOMY AND FEDERATION WITHIN EMPIRE 117. The several Provinces shall retain all their respec- tive public property not otherwise disposed of in this Act, subject to the right of Canada to assume any lands or public property required for fortifications or for the defence of the country. 118. The following sums shall be paid yearly by Canada to the several provinces for the support of their govern- ments and legislatures: Ontario $80,000 Quebec 70,000 Nova Scotia 60,000 New Brunswick 50,000 $260,000 and an annual grant in aid of each Province shall be made, equal to eighty cents per head of the population as ascer- tained by the census of one thousand eight hundred and sixty-one, and in the case of Nova Scotia and New Bruns- wick, by each subsequent decennial census until the popula- tion of each of those two Provinces amounts to four hundred thousand souls, at which rate such grant shall thereafter remain. Such grants shall be in full settlement of all future demands on Canada, and shall be paid half- yearly in advance to each Province; but the Government of Canada shall deduct from such grants, as against any Province, all sums chargeable as interest on the public debt of that Province in excess of the several amounts stipulated in this Act. 119. New Brunswick shall receive by half-yearly pay- ments in advance from Canada for a period of ten years from the union an additional allowance of sixty-three thousand dollars per annum; but as long as the public debt of that Province remains under seven million dollars, a CANADA 185 deduction equal to the interest at five per centum per annum on such deficiency shall be made from that allow- ance of sixty-three thousand dollars. 120. All payments to be made under this Act, or in discharge of liabilities created under any Act of the Prov- inces of Canada, Nova Scotia, and New Brunswick re- spectively, and assumed by Canada, shall, until the Parlia- ment of Canada otherwise directs, be made in such form and manner as may from time to time be ordered by the Governor General in council. 121. All articles of the growth, produce, or manufacture of any one of the Provinces shall, from and after the union, be admitted free into each of the other Provinces. 122. The customs and excise laws of each Province shall, subject to the provisions of this Act, continue in force until altered by the Parliament of Canada. 123. Where customs duties are, at the union, leviable on any goods, wares, or merchandises in any two provinces, those goods, wares, and merchandises may, from and after the union, be imported from one of those Provinces into the other of them on proof of payment of the customs duty leviable thereon in the province of exportation, and on payment of such further amount (if any) of customs duty as is leviable thereon in the Province of importation. 124. Nothing in this Act shall affect the right of New Brunswick to levy the lumber dues provided in chapter fifteen of title three of the revised statutes of New Brunswick, or in any Act amending that Act before or after the union, and not increasing the amount of such dues; but the lumber of any of the Provinces other than New Brunswick shall not be subject to such dues. 125. No lands or property belonging to Canada or any Province shall be liable to taxation. 186 AUTONOMY AND FEDERATION WITHIN EMPIRE 126. Such portions of the duties and revenues over which the respective legislatures of Canada, Nova Scotia, and New Brunswick had before the union power of ap- propriation as are by this Act reserved to the respective governments or legislatures of the provinces, and all duties and revenues raised by them in accordance with the special powers conferred upon them by this Act, shall in each Province form one consolidated revenue fund to be appro- priated for the public service of the Province. IX. — Miscellaneous Provisions GENERAL 127. If any person being at the passing of this Act a member of the Legislative Council of Canada, Nova Scotia, or New Brunswick, to whom a place in the Senate is offered, does not within thirty days thereafter, by writing under his hand addressed to the Governor General of the Province of Canada, or to the Lieutenant Governor of Nova Scotia or New Brunswick (as the case may be), accept the same, he shall be deemed to have declined the same; and any person who, being at the passing of this Act a member of the Legislative Council of Nova Scotia or New Brunswick, accepts a place in the Senate, shall thereby vacate his seat in such Legislative Council. 128. Every member of the Senate or House of Commons of Canada shall before taking his seat therein take and subscribe before the Governor General or some person authorized by him, and every member of a legislative coun- cil or legislative assembly of any Province shall before taking his seat therein take and subscribe before the Lieu- tenant Governor of the Province or some person authorized CANADA 187 by him, the oath of allegiance contained in the fifth schedule to this Act; and every member of the Senate of Canada and every member of the Legislative Council of Quebec shall also, before taking his seat therein, take and subscribe before the Governor General, or some person authorized by him, the declaration of qualification con- tained in the same schedule. 129. Except as otherwise provided by this Act, all laws in force in Canada, Nova Scotia, or New Brunswick at the union, and all courts of civil and criminal jurisdiction, and all legal commissions, powers, and authorities, and all officers, judicial, administrative, and ministerial, existing therein at the union, shall continue in Ontario, Quebec, Nova Scotia, and New Brunswick respectively, as if the union had not been made; subject nevertheless (except with respect to such as are enacted by or exist under Acts of the Parliament of Great Britain or of the Parliament of the United Kingdom of Great Britain and Ireland), to be repealed, abolished, or altered by the Parliament of Canada, or by the legislature of the respective Province, according to the authority of the Parliament or of that legislature under this Act. 130. Until the Parliament of Canada otherwise provides, all officers of the several Provinces having duties to dis- charge in relation to matters other than those coming within the classes of subjects by this Act assigned ex- clusively to the legislatures of the Provinces shall be officers of Canada, and shall continue to discharge the duties of their respective offices under the same liabilities, responsi- bilities, and penalties as if the union had not been made. 131. Until the Parliament of Canada otherwise provides, the Governor General in Council may from time to time appoint such officers as the Governor General in Council 188 AUTONOMY AND FEDERATION WITHIN EMPIRE deems necessary or proper for the effectual execution of this Act. 132. The Parliament and Government of Canada shall have all powers necessary or proper for performing the obligations of Canada or of any Province thereof, as part of the British Empire, towards foreign countries, arising under treaties between the Empire and such foreign countries. 133. Either the English or the French language may be used by any person in the debates of the Houses of the Parliament of Canada and of the Houses of the Legislature of Quebec; and both those languages shall be used in the respective records and journals of those houses; and either of those languages may be used by any person or in any pleading or process in or issuing from any court of Canada established under this Act, and in or from all or any of the courts of Quebec. The Acts of the Parliament of Canada and of the Legisla- ture of Quebec shall be printed and published in both those languages. ONTARIO AND QUEBEC 134. Until the Legislature of Ontario or of Quebec otherwise provides, the Lieutenant Governors of Ontario and Quebec may each appoint under the great seal of the Province the following officers, to hold office during pleas- ure, that is to say, — the Attorney General, the Secretary and Registrar of the Province, the Treasurer of the Prov- ince, the Commissioner of Crown Lands, and the Commis- sioner of Agriculture and Public Works, and in the case of Quebec, the Solicitor General; and may by order of the Lieutenant Governor in Council from time to time prescribe the duties of those officers, and of the several departments CANADA 189 over which they shall preside or to which they shall belong, and of the officers and clerks thereof, and may also appoint other and additional officers to hold office during pleasure, and may from time to time prescribe the duties of those officers, and of the several departments over which they shall preside or to which they shall belong, and of the officers and clerks thereof. 135. Until the legislature of Ontario or Quebec other- wise provides, all rights, powers, duties, functions, responsi- bilities, or authorities at the passing of this Act vested in or imposed on the Attorney General, Solicitor General, Secre- tary and Registrar of the Province of Canada, Minister of Finance, Commissioner of Crown Lands, Commissioner of Public Works, and Minister of Agriculture and Receiver General, by any law, statute, or ordinance of Upper Canada, Lower Canada, or Canada, and not repugnant to this Act, shall be vested in or imposed on any officer to be appointed by the Lieutenant Governor for the discharge of the same or any of them; and the Commissioner of Agriculture and Public Works shall perform the duties and functions of the office of Minister of Agriculture at the passing of this Act imposed by the law of the Province of Canada, as well as those of the Commissioner of Public Works. 136. Until altered by the Lieutenant Governor in Coun- cil, the great seals of Ontario and Quebec respectively shall be the same, or of the same design, as those used in the Provinces of Upper Canada and Lower Canada respec- tively before their union as the Province of Canada. 137. The words " and from thence to the end of the then next ensuing session of the Legislature," or words to the same effect, used in any temporary Act of the Province of Canada not expired before the union, shall be construed 190 AUTONOMY AND FEDERATION WITHIN EMPIRE to extend and apply to the next session of the Parliament of Canada, if the subject matter of the Act is within the powers of the same as defined by this Act, or to the next sessions of the legislatures of Ontario and Quebec re- spectively if the subject matter of the Act is within the powers of the same as defined by this Act. 138. From and after the union the use of the words " Upper Canada " instead of " Ontario," or " Lower Canada " instead of " Quebec," in any deed, writ, process, pleading, document, matter, or thing, shall not invalidate the same. 139. Any proclamation under the great seal of the Prov- ince of Canada issued before the union to take effect at a time which is subsequent to the union, whether relating to that province, or to Upper Canada, or to Lower Canada, and the several matters and things therein proclaimed, shall be and continue of like force and effect as if the union had not been made. 140. Any proclamation which is authorized by any Act of the Legislature of the Province of Canada to be issued under the great seal of the Province of Canada, whether relating to that Province, or to Upper Canada, or to Lower Canada, and which is not issued before the union, may be issued by the Lieutenant Governor of Ontario or of Quebec, as its subject matter requires, under the great seal thereof; and from and after the issue of such proclamation the same and the several matters and things therein proclaimed shall be and continue of the like force and effect in Ontario or Quebec as if the union had not been made. 141. The penitentiary of the Province of Canada shall, until the Parliament of Canada otherwise provides, be and continue the penitentiary of Ontario and of Quebec. 142. The division and adjustment of the debts, credits, CANADA 191 liabilities, properties, and assets of Upper Canada and Lower Canada shall be referred to the arbitrament of three arbitrators, one chosen by the government of Ontario, one by the government of Quebec, and one by the government of Canada; and the selection of the arbitrators shall not be made until the Parliament of Canada and the legislatures of Ontario and Quebec have met; and the arbitrator chosen by the Government of Canada shall not be a resident either in Ontario or in Quebec. 143. The Governor General in Council may from time to time order that such and so many of the records, books, and documents of the province of Canada as he thinks fit shall be appropriated and delivered either to Ontario or to Quebec, and the same shall thenceforth be the property of that Province; and any copy thereof or extract therefrom, duly certified by the officer having charge of the original thereof, shall be admitted as evidence. 144. The Lieutenant Governor of Quebec may from time to time by proclamation under the great seal of the Province, to take effect from a day to be appointed therein, constitute townships in those parts of the Province of Quebec in which townships are not then already consti- tuted, and fix the metes and bounds thereof. X. — Intercolonial Railway 145. Inasmuch as the Provinces of Canada, Nova Scotia and New Brunswick have joined in a declaration that the construction of the Intercolonial Railway is essential to the consolidation of the union of British North America, and to the assent thereto of Nova Scotia and New Brunswick, have consequently agreed that provision should be made for its immediate construction bv the Government of 192 AUTONOMY AND FEDERATION WITHIN EMPIRE Canada: Therefore, in order to give effect to that agree- ment, it shall be the duty of the Government and Parlia- ment of Canada to provide for the commencement, within six months after the union, of a railway connecting the river St. Lawrence with the city of Halifax in Nova Scotia, and for the construction thereof without intermis- sion, and the completion thereof with all practicable speed. XI. — Admission of Other Colonies 146. It shall be lawful for the Queen, by and with the advice of Her Majesty's most honorable Privy Council, on addresses from the Houses of the Parliament of Canada and from the houses of the respective legislatures of the Colonies or Provinces of Newfoundland, Prince Edward Island, and British Columbia to admit those Colonies or Provinces, or any of them, into the union, and on address from the Houses of the Parliament of Canada to admit Rupert's Land and the Northwestern Territory, or either of them, into the union, on such terms and conditions in each case as are in the addresses expressed and as the Queen thinks fit to approve, subject to the provisions of this Act; and the provisions of any order in Council in that behalf shall have effect as if they had been enacted by the Parliament of the United Kingdom of Great Britain and Ireland. 147. In case of the admission of Newfoundland and Prince Edward Island, or either of them, each shall be entitled to a representation in the Senate of Canada of four members, and (notwithstanding anything in this Act), in case of the admission of Newfoundland the normal number of Senators shall be seventy-six and their maximum number shall be eighty-two; but Prince Edward Island CANADA 193 when admitted shall be deemed to be comprised in the third of the three divisions into which Canada is, in re- lation to the constitution of the Senate, divided by this Act, and accordingly, after the admission of Prince Edward Island, whether Newfoundland is admitted or not, the representation of Nova Scotia and New Brunswick in the Senate shall, as vacancies occur, be reduced from twelve to ten members respectively, and the representation of each of those Provinces shall not be increased at any time beyond ten, except under the provisions of this Act, for the appointment of three or six additional Senators under the direction of the Queen. THE BRITISH NORTH AMERICA ACT [34 & 35 Victoria, cap. 28] 1871 An Act respecting the, establishment of Provinces in the Dominion of Canada. Whereas doubts have been entertained respecting the powers of the Parliament of Canada to establish Provinces in territories admitted, or which may hereafter be admitted, into the Dominion of Canada, and to provide for the repre- sentation of such Provinces in the said Parliament, and it is expedient to remove such doubts, and to vest such powers in the said Parliament: Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: 1. This Act may be cited for all purposes as the British North America Act, 1871. 194 AUTONOMY AND FEDERATION WITHIN EMPIRE 2. The Parliament of Canada may from time to time establish new Provinces in any territories forming for the time being part of the Dominion of Canada, but not in- cluded in any Province thereof, and may, at the time of such establishment, make provision for the constitution and administration of any such Province, and for the passing of laws for the peace, order and good government of such Province, and for its representation in the said Parliament. 3. The Parliament of Canada may from time to time, with the consent of the legislature of any Province of the said Dominion, increase, diminish or otherwise alter the limits of such Province, upon such terms and conditions as may be agreed to by the said legislature, and may, with the like consent, make provision respecting the effect and opera- tion of any such increase or diminution or alteration of territory in relation to any province affected thereby. 4. The Parliament of Canada may from time to time make provision for the administration, peace, order and good government of any territory not for the time being included in any province. 5. The following Acts passed by the said Parliament of Canada, and entitled respectively : " An Act for the tem- porary government of Rupert's Land and the Northwestern Territory when united with Canada," and " An Act to amend and continue the Act thirty-two and thirty-three Victoria, chapter three, and to establish and provide for the government of the Province of Manitoba," shall be and be deemed to have been valid and effectual for all purposes whatsoever from the date at which they respectively re- ceived the assent, in the Queen's name, of the Governor General of the said Dominion of Canada. 6. Except as provided by the third section of this Act, it CANADA 195 shall not be competent for the Parliament of Canada to alter the provisions of the last mentioned Act of the said Parliament, in so far as it relates to the Province of Manitoba, or of any other Act hereafter establishing new Provinces in the said Dominion, subject always to the right of the legislature of the Province of Manitoba to alter from time to time the provisions of any law respecting the quali- fication of electors and members of the legislative assembly, and to make laws respecting elections in the said Province. THE PARLIAMENT OF CANADA ACT [38 & 39 Victoria, cap. 38] 1875 An Act to remove certain doubts with respect to the powers of the Parliament of Canada under section eighteen of the British North America Act, 1867. Whereas by section eighteen of the British North America Act, 1867, it is provided as follows: " The privileges, immunities, and powers to be held, en- joyed, and exercised by the Senate and by the House of Commons, and by the members thereof respectively, shall be such as are from time to time defined by Act of the Parliament of Canada, but so that the same shall never exceed those at the passing of this Act, held, enjoyed, and exercised by the Commons House of Parliament of the United Kingdom of Great Britain and Ireland, and by the members thereof." And whereas doubts have arisen with regard to the power of defining by an Act of the Parliament of Canada, in pur- suance of the said section, the said privileges, powers, or immunities; and it is expedient to remove such doubts: 196 AUTONOMY AND FEDERATION WITHIN EMPIRE Be it therefore enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Par- liament assembled, and by the authority of the same, as follows : 1. Section eighteen of the British North America Act, 1867, is hereby repealed without prejudice to anything done under that section, and the following section shall be sub- stituted for the section so repealed. The privileges, immunities, and powers to be held, en- joyed and exercised by the Senate and by the House of Commons, and by the members thereof, respectively, shall be such as are from time to time defined by Act of the Par- liament of Canada, but so that any Act of the Parliament of Canada defining such privileges, immunities, and powers shall not confer any privileges, immunities, or powers ex- ceeding those at the passing of such Act, held, enjoyed, and exercised by the Commons House of Parliament of the United Kingdom of Great Britain and Ireland and by the members thereof. 2. The Act of the Parliament of Canada passed in the thirty-first year of the reign of her present Majesty, chapter twenty-four, entitled " An Act to provide for oaths to witnesses being administered in certain cases for the purposes of either House of Parliament," shall be deemed to be valid, and to have been valid as from the date at which the royal assent was given thereto by the Governor General of the Dominion of Canada. 3. This Act may be cited as the Parliament of Canada Act, 1875. CANADA 197 THE BRITISH NORTH AMERICA ACT [49 & 50 Victoria, cap. 35] 1886 An Act respecting the presentation in the Parliament of Canada of Territories which for the, time being form part of the Dominion of Canada, but are not included in any Province. Whereas it is expedient to empower the Parliament of Canada to provide for the representation in the Senate and House of Commons of Canada, or either of them, of any territory which for the time being forms part of the Dominion of Canada, but is not included in any Province: Be it therefore enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : — 1. The Parliament of Canada may, from time to time, make provision for the representation in the Senate and House of Commons of Canada, or in either of them, of any territories which for the time being form part of the Dominion of Canada, but are not included in any Province thereof. 2. Any Act passed by the Parliament of Canada before the passing of this Act for the purpose mentioned in this Act shall, if not disallowed by the Queen, be, and shall be deemed to have been valid and effectual from the date at which it received the assent, in Her Majesty's name, of the Governor General of Canada. It is hereby declared that any Act passed by the Parlia- 198 AUTONOMY AND FEDERATION WITHIN EMPIRE ment of Canada, whether before or after the passing of this Act, for the purpose mentioned in this Act, or in the British North America Act, 1871, has effect, notwithstanding any- thing in the British North America Act, 1867, and the number of Senators or the number of members of the House of Commons specified in the last mentioned Act is increased by the number of Senators or of members, as the case may be, provided by any such Act of the Parliament of Canada, for the representation of any Provinces, or territories of Canada. 3. This Act may be cited as the British North America Act, 1886. This Act and the British North America Act, 1867, and the British North America Act, 1871, shall be construed together, and may be cited together as the British North America Acts, 1867 to 1886. PART IV AUSTRALIA HISTORICAL RESUME In 1900 the six Australian Colonies had all received responsible parliamentary governments. By an Imperial statute of that year they were united in a Commonwealth, federal in its nature. This Constitution has been amended by the action of the citizens of the Commonwealth in 1907 and 1910. COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT [63 & 64 Victoria, cap. 12] 1900 An Act to constitute the Commonwealth of Australia. Whereas the people of New South Wales, Victoria, South Australia, Queensland, and Tasmania, humbly re- lying on the blessing of Almighty God, have agreed to unite in one indissoluble Federal Commonwealth under the Crown of the United Kingdom of Great Britain and Ireland, and under the Constitution hereby established: And whereas it is expedient to provide for the admission into the Commonwealth of other Australasian Colonies and possessions of the Queen: Be is therefore enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Par- liament assembled, and by the authority of the same, as follows : 1. This Act may be cited as the Commonwealth of Australia Constitution Act. 2. The provisions of this Act referring to the Queen shall extend to Her Majesty's heirs and successors in the Sover- eignty of the United Kingdom. 3. It shall be lawful for the Queen, with the advice of the Privy Council, to declare by proclamation that, on and after a day therein appointed, not being later than one year after the passing of this Act, the people of New South Wales, Victoria, South Australia, Queensland, and Tas- 201 202 AUTONOMY AND FEDERATION WITHIN EMPIRE mania, and also, if Her Majesty is satisfied that the people of Western Australia have agreed thereto, of Western Aus- tralia, shall be united in a Federal Commonwealth under the name of the Commonwealth of Australia. But the Queen may, at any time after the proclamation, appoint a Gover- nor General for the Commonwealth. 4. The Commonwealth shall be established, and the Con- stitution of the Commonwealth shall take effect, on and after the day so appointed. But the Parliaments of the several Colonies may at any time after the passing of this Act make any such laws, to come into operation on the day so appointed, as they might have made if the Constitution had taken effect at the passing of this Act. 5. This Act, and all laws made by the Parliament of the Commonwealth under the Constitution, shall be binding on the courts, judges, and people of every State and of every part of the Commonwealth, notwithstanding anything in the laws of any State; and the laws of the Commonwealth shall be in force on all British ships, the Queen's ships of war excepted, whose first port of clearance and whose port of destination are in the Commonwealth. 6. " The Commonwealth " shall mean the Commonwealth of Australia as established under this Act. " The States " shall mean such of the Colonies of New South Wales, New Zealand, Queensland, Tasmania, Vic- toria, Western Australia, and South Australia, including the Northern Territory of South Australia, as for the time being are parts of the Commonwealth, and such Colonies or Territories as may be admitted into or established by the Commonwealth as States; and each of such parts of the Commonwealth shall be called a " State." " Original States" shall mean such States as are parts of the Commonwealth at its establishment. AUSTRALIA 203 7. The Federal Council of Australasia Act, 1885, is here- by repealed, but so as not to affect any laws passed by the Federal Council of Australasia and in force at the establish- ment of the Commonwealth. Any such law may be repealed as to any State by the Parliament of the Commonwealth, or as to any Colony not being a State by the Parliament thereof. 8. After the passing of this Act the Colonial Boundaries Act, 1895, shall not apply to any Colony which becomes a State of the Commonwealth; but the Commonwealth shall be taken to be a self-governing Colony for the purposes of that Act. 9. The Constitution of the Commonwealth shall be as follows : THE CONSTITUTION This Constitution is divided as follows: — Chaptjeb L The Parliament: Part I. General : Part II. The Senate: Part III. The House of Representatives Part IV. Both Houses of Parliament: Part V. Powers of the Parliament: Chapter II. The Executive Government: Chapter III. The Judicature: Chapter IV. Finance and Trade: Chapter V. The States: Chapter VI. New States: Chapter VII. Miscellaneous : Chapter VIII. Alteration of the Constitution The Schedule. Chapter I. — The Parliament PART I. GENERAL 1. The legislative power of the Commonwealth shall be vested in a Federal Parliament, which shall consist of the 204 AUTONOMY AND FEDERATION WITHIN EMPIRE Queen, a Senate, and a House of Representatives, and which is hereinafter called " The Parliament," or " The Par- liament of the Commonwealth." 2. A Governor General appointed by the Queen shall be Her Majesty's representative in the Commonwealth; and shall have and may exercise in the Commonwealth during the Queen's pleasure, but subject to the Constitution, such powers and functions of the Queen as her Majesty may be pleased to assign to him. 3. There shall be payable to the Queen out of the Con- solidated Revenue Fund of the Commonwealth, for the salary of the Governor General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds. The salary of a Governor General shall not be altered during his continuance in office. 4. The provisions of this Constitution relating to the Governor General extend and apply to the Governor Gen- eral for the time being, or such person as the Queen may appoint to administer the Government of the Common- wealth; but no such person shall be entitled to receive any salary from the Commonwealth in respect of any other office during his administration of the Government of the Commonwealth. 5. The Governor General may appoint such times for holding the sessions of the Parliament as he thinks fit, and may also from time to time, by proclamation or otherwise, prorogue the Parliament, and may in like manner dissolve the House of Representatives. After any general election the Parliament shall be sum- moned to meet not later than thirty days after the day appointed for the return of the writs. AUSTRALIA 205 The Parliament shall be summoned to meet not later than six months after the establishment of the Commonwealth. 6. There shall be a session of the Parliament once at least in every year, so that twelve months shall not intervene between the last sitting of the Parliament in one session and its first sitting in the next session. PART II. — THE SENATE 7. The Senate shall be composed of Senators for each State, directly chosen by the people of the State, voting, until the Parliament otherwise provides, as one electorate. But until the Parliament of the Commonwealth otherwise provides, the Parliament of the State of Queensland, if that State be an Original State, may make laws dividing the State into divisions and determining the number of Senators chosen for each division, and in the absence of such pro- vision the State shall be one electorate. Until the Parliament otherwise provides there shall be six Senators for each Original State. The Parliament may make laws increasing or diminishing the number of Senators for each State, but so that equal representation of the sev- eral Original States shall be maintained and that no Original State shall have less than six Senators. The Senators shall be chosen for a term of six years, and the names of the Senators chosen for each State shall be certified by the Governor to the Governor General. 8. The qualification of electors of Senators shall be in each State that which is prescribed by this Constitution, or by the Parliament, as the qualification for electors of mem- bers of the House of Representatives; but in the choosing of Senators each elector shall vote only once. 206 AUTONOMY AND FEDERATION WITHIN EMPIRE 9. The Parliament of the Commonwealth may make laws prescribing the method of choosing Senators, but so that the method shall be uniform for all the States. Subject to any such law, the Parliament of each State may make laws prescribing the method of choosing the Senators for that State. The Parliament of a State may make laws for determin- ing the times and places of elections of Senators for the State. 10. Until the Parliament otherwise provides, but subject to this Constitution, the laws in force in each State, for the time being, relating to elections for the more numerous House of the Parliament of the State shall, as nearly as practicable, apply to elections of Senators for the State. 11. The Senate may proceed to the despatch of business, notwithstanding the failure of any State to provide for its representation in the Senate. 12. The Governor of any State may cause writs to be issued for elections of Senators for the State. In case of the dissolution of the Senate the writs shall be issued within ten days from the proclamation of such dissolution. 13. As soon as may be after the Senate first meets, and after each first meeting of the Senate following a dissolution thereof, the Senate shall divide the Senators chosen for each State into two classes, as nearly equal in number as prac- ticable ; and the places of the Senators of the first class shall become vacant at the expiration of the third year, and the places of those of the second class at the expiration of the sixth year, from the beginning of their term of service ; and afterwards the places of Senators shall become vacant at the expiration of six years from the beginning of their term of service. AUSTRALIA 207 The election to fill vacant places shall be made in the year at the expiration of which the places are to become vacant. For the purposes of this section the term of service of a Senator shall be taken to begin on the first day of January following the day of his election, except in the cases of the first election and of the election next after any dissolution of the Senate, when it shall be taken to begin on the first day of January preceding the day of his election. 1 14. Whenever the number of Senators for a State is in- creased or diminished, the Parliament of the Commonwealth may make such provision for the vacating of the places of Senators for the State as it deems necessary to maintain regularity in the rotation. 15. If the place of a Senator becomes vacant before the expiration of his term of service, the Houses of Parliament of the State for which he was chosen shall, sitting and voting together, choose a person to hold the place until the expira- tion of the term, or until the election of a successor as here- inafter provided, whichever first happens. But if the Houses of Parliament of the State are not in session at the time when the vacancy is notified, the Governor of the State, with the advice of the Executive Council thereof, may ap- point a person to hold the place until the expiration of fourteen days after the beginning of the next session of the Parliament of the State, or until the election of a successor, whichever first happens. At the next general election of members of the House of Representatives, or at the next election of Senators for the State, whichever first happens, a successor shall, if the term has not then expired, be chosen to hold the place from the date of his election until the expiration of the term. The name of any Senator so chosen or appointed shall be i Section 13 was changed in 1907; see, below, pp. 241-242. 208 AUTONOMY AND FEDERATION WITHIN EMPIRE certified by the Governor of the State to the Governor General. 16. The qualifications of a Senator shall be the same as those of a member of the House of Representatives. 17. The Senate shall, before proceeding to the despatch of any other business, choose a Senator to be the President of the Senate; and as often as the office of President be- comes vacant the Senate shall again choose a Senator to be the President. The President shall cease to hold his office if he ceases to be a Senator. He may be removed from office by a vote of the Senate, or he may resign his office or his seat by writing addressed to the Governor General. 18. Before or during any absence of the President, the Senate may choose a Senator to perform his duties in his absence. 19. A Senator may, by writing addressed to the Presi- dent, or to the Governor General if there is no President or if the President is absent from the Commonwealth, resign his place, which thereupon shall become vacant. 20. The place of a Senator shall become vacant if for two consecutive months of any session of the Parliament he, without the permission of the Senate, fails to attend the Senate. 21. Whenever a vacancy happens in the Senate, the Pres- ident, or if there is no President or if the President is absent from the Commonwealth, the Governor General shall notify the same to the Governor of the State in the representation of which the vacancy has happened. 22. Until the Parliament otherwise provides, the presence of at least one-third of the whole number of the Senators shall be necessarjr to constitute a meeting of the Senate for the exercise of its powers. AUSTRALIA 209 23. Questions arising in the Senate shall be determined by a majority of votes; and each Senator shall have one vote. The President shall in all cases be entitled to a vote; and when the votes are equal the question shall pass in the negative. PART III. THE HOUSE OF REPRESENTATIVES 24. The House of Representatives shall be composed of members directly chosen by the people of the Common- wealth, and the number of such members shall be, as nearly as practicable, twice the number of the senators. The number of members chosen in the several States shall be in proportion to the respective numbers of their people, and shall, until the Parliament otherwise provides, be de- termined, whenever necessary, in the following manner: — (i) A quota shall be ascertained by dividing the number of the people of the Commonwealth, as shown by the latest statistics of the Commonwealth, by twice the number of the Senators : (ii) The number of members to be chosen in each State shall be determined by dividing the number of the people of the State, as shown by the latest statistics of the Commonwealth, by the quota; and if on such division there is a remainder greater than one-half of the quota, one more member shall be chosen in the State. But notwithstanding anything in this section, five mem- bers at least shall be chosen in each Original State. 25. For the purposes of the last section, if by the law of any State all persons of any race are disqualified from voting at elections for the more numerous House of the Parliament of the State, then, in reckoning the number of 210 AUTONOMY AND FEDERATION WITHIN EMPIRE the people of the State or of the Commonwealth, persons of that race resident in that State shall not be counted. 26. Notwithstanding anything in section twenty-four, the number of members to be chosen in each State at the first election shall be as follows : New South Wales Twenty- three ; Victoria Twenty; Queensland Eight; South Australia Six; Tasmania Five. Provided that if Western Australia is an Original State, the number shall be as follows: New South Wales Twenty-six; Victoria Twenty-three ; Queensland Nine ; South Australia Seven ; Western Australia Five ; Tasmania Five. 27. Subject to this Constitution, the Parliament may make laws for increasing or diminishing the number of the members of the House of Representatives. 28. Every House of Representatives shall continue for three years from the first meeting of the House, and no longer, but may be sooner dissolved by the Governor General. 29. Until the Parliament of the Commonwealth otherwise provides, the Parliament of any State may make laws for determining the divisions in each State for which members of the House of Representatives may be chosen, and the number of members to be chosen for each division. A di- vision shall not be formed out of parts of different States. In the absence of other provision, each State shall be one electorate. 30. Until the Parliament otherwise provides, the qualifi- AUSTRALIA 211 cation of electors of members of the House of Representa- tives shall be in each State that which is prescribed by the law of the State as the qualification of electors of the more numerous House of Parliament of the State; but in the choosing of members each elector shall vote only once. 31. Until the Parliament otherwise provides, but subject to this Constitution, the laws in force in each State for the time being relating to elections for the more numerous House of the Parliament of the State shall, as nearly as practicable, apply to elections in the State of members of the House of Representatives. 32. The Governor General in Council may cause writs to be issued for general elections of members of the House of Representatives . After the first general election, the writs shall be issued within ten days from the expiry of a House of Representa- tives or from the proclamation of a dissolution thereof. 33. Whenever a vacancy happens in the House of Repre- sentatives, the Speaker shall issue his writ for the election of a new member, or if there is no Speaker or if he is absent from the Commonwealth the Governor General in Council may issue the writ. 34. Until the Parliament otheiwise provides, the qualifi- cations of a member of the House of Representatives shall be as follows: (i) He must be of the full age of twenty-one years, and must be an elector entitled to vote at the election of members of the House of Representatives, or a person qualified to become such elector, and must have been for three years at the least a resident within the limits of the Commonwealth as existing at the time when he is chosen: (ii) He must be a subject of the Queen, either natural-born 212 AUTONOMY AND FEDERATION WITHIN EMPIRE or for at least five years naturalized under a law of the United Kingdom, or of a Colony which has become or becomes a State, or of the Commonwealth or of a State. 35. The House of Representatives shall, before proceed- ing to the despatch of any other business, choose a member to be the Speaker of the House, and as often as the office of Speaker becomes vacant the House shall again choose a member to be the Speaker. The Speaker shall cease to hold his office if he ceases to be a member. He may be removed from office by a vote of the House, or he may resign his office or his seat by writing addressed to the Governor General. 36. Before or during any absence of the Speaker, the House of Representatives may choose a member to perform his duties in his absence. 37. A member may by writing addressed to the Speaker, or to the Governor General if there is no Speaker or if the Speaker is absent from the Commonwealth, resign his place, which thereupon shall become vacant. 38. The place of a member shall become vacant if for two consecutive months of any session of the Parliament he, without the permission of the House, fails to attend the House. 39. Until the Parliament otherwise provides, the presence of at least one-third of the whole number of the members of the House of Representatives shall be necessary to con- stitute a meeting of the House for the exercise of its powers. 40. Questions arising in the House of Representatives shall be determined by a majority of votes other than that of the Speaker. The Speaker shall not vote unless the numbers are equal, and then he shall have a casting vote. AUSTRALIA 213 PART IV. BOTH HOUSES OF THE PARLIAMENT 41. No adult person who has or acquires a right to vote at elections for the more numerous House of the Parliament of a State shall, while the right continues, be prevented by any law of the Commonwealth from voting at elections for either House of the Parliament of the Commonwealth. 42. Every Senator and every member of the House of Representatives shall before taking his seat make and sub- scribe before the Governor General, or some person auth- orized by him, an oath or affirmation of allegiance in the form set forth in the schedule to this Constitution. 43. A member of either House of the Parliament shall be incapable of being chosen or of sitting as a member of the other House. 44. Any person who — (i) Is under any acknowledgement of allegiance, obedience, or adherence to a foreign power, or is a subject or a citizen or entitled to the rights or privileges of a subject or a citizen of a foreign power: or (ii) Is attainted of treason, or has been convicted and is under sentence, or subject to be sentenced, for any offence punishable under the law of the Commonwealth or of a State by imprisonment for one year or longer: or (iii) Is an undischarged bankrupt or insolvent: or (iv) Holds any office of profit under the Crown, or any pension payable during the pleasure of the Crown out of any of the revenues of the Commonwealth: or (v) Has any direct or indirect pecuniary interest in any agreement with the public service of the Common- wealth otherwise than as a member and in common with 214 AUTONOMY AND FEDERATION WITHIN EMPIRE the other members of an incorporated company consist- ing of more than twenty-five persons: shall be incapable of being chosen or of sitting as a Senator or a member of the House of Representatives. But sub-section iv does not apply to the office of any of the Queen's Ministers of State for the Commonwealth, or of any of the Queen's Ministers for a State, or to the receipt of pay, half -pay, or a pension by any person as an officer or member of the Queen's navy or army, or to the receipt of pay as an officer or member of the naval or military forces of the Commonwealth by any person whose services are not wholly employed by the Commonwealth. 45. If a Senator or member of the House of Repre- sentatives — (i) Becomes subject to any of the disabilities mentioned in the last preceding section: or (ii) Takes the benefit, whether by assignment, composition, or otherwise, of any law relating to bankrupt or in- solvent debtors: or (iii) Directly or indirectly takes or agrees to take any fee or honorarium for services rendered to the Common- wealth, or for services rendered in the Parliament to any person or State : his place shall thereupon become vacant. 46. Until the Parliament otherwise provides, any per- son declared by this Constitution to be incapable of sitting as a Senator or as a member of the House of Representa- tives shall, for every day on which he so sits, be liable to pay the sum of one hundred pounds to any person who sues for it in any court of competent jurisdiction. 47. Until the Parliament otherwise provides, any ques- tion respecting the qualification of a Senator or of a member of the House of Representatves, or respectng a vacancy in AUSTRALIA 215 either House of the Parliament, and any question of a dis- puted election to either House, shall be determined by the House in which the question arises. 48. Until the Parliament otherwise provides, each Sena- tor and each member of the House of Representatives shall receive an allowance of four hundred pounds a year, to be reckoned from the day on which he takes his seat. 49. The powers, privileges, and immunities of the Senate and of the House of Representatives, and of the members and the committees of each House, shall be such as are declared by the Parliament, and until declared shall be those of the Commons House of Parliament of the United King- dom, and of its members and committees, at the establish- ment of the Commonwealth. 50. Each House of the Parliament may make rules and orders with respect to: (i) The mode in which its powers, privileges, and immuni- ties may be exercised and upheld: (ii) The order and conduct of its business and proceed- ings either separately or jointly with the other House. PART V. — POWERS OF THE PARLIAMENT 51. The Parliament shall, subject to this Constitution, have power to make laws for the peace, order, and good government of the Commonwealth with respect to: (i) Trade and commerce with other countries, and among the States: (ii) Taxation; but so as not to discriminate between States or parts of States: (iii) Bounties on the production or export of goods, but so that such bounties shall be uniform throughout the Commonwealth : 216 AUTONOMY AND FEDERATION WITHIN EMPIRE (iv) Borrowing money on the public credit of the Common- wealth : (v) Postal, telegraphic, telephonic, and other like services: (vi) The naval and military defence of the Commonwealth and of the several States, and the control of the forces to execute and maintain the laws of the Common- wealth : (vii) Light-houses, light-ships, beacons and buoys: (viii) Astronomical and meteor logical observations: (ix) Quarantine: (x) Fisheries in Australian waters beyond territorial limits: (xi) Census and statistics: (xii) Currency, coinage, and legal tender: (xiii) Banking, other than State banking; also State bank- ing extending beyond the limits of the State concerned, the incorporation of banks, and the issue of paper money : (xiv) Insurance, other than State insurance; also State in- surance extending beyond the limits of the State con- cerned : (xv) Weights and measures: (xvi) Bills of exchange and promissory notes: (xvii) Bankruptcy and insolvency: (xviii) Copyrights, patents of inventions and designs, and trade marks: (xix) Naturalization and aliens: (xx) Foreign corporations, and trading or financial cor- porations formed within the limits of the Common- wealth : (xxi) Marriage: (xxii) Divorce and matrimonial causes; and in relation thereto, parental rights, and the custody and guardian- ship of infants : AUSTRALIA 217 (xxiii) Invalid and old-age pensions: (xxiv) The service and execution throughout the Common- wealth of the civil and criminal process and the judg- ments of the courts of the States : (xxv) The recognition throughout the Commonwealth of the laws, the public acts and records, and the judicial proceedings of the States: (xxvi) The people of any race, other than the aboriginal race in any State, for whom it is deemed necessary to make special laws : (xxvii) Immigration and emigration: (xxviii) The influx of criminals: (xxix) External affairs : (xxx) The relations of the Commonwealth with the islands of the Pacific: (xxxi) The acquisition of property on just terms from any State or person for any purpose in respect of which the Parliament has power to make laws : (xxxii) The control of railways with respect to transport for the naval and military purposes of the Common- wealth : (xxxiii) The acquistion, with the consent of a State, of any railways of the State on terms arranged between the Commonwealth and the State: (xxxiv) Railway construction and extension in any State with the consent of that State: (xxxv) Conciliation and arbitration for the prevention and settlement of industrial disputes extending beyond the limits of any one State: (xxxvi) Matters in respect of which this Constitution makes provision until the Parliament otherwise provides : (xxxvii) Matters referred to the Parliament of the Com- monwealth by the Parliament or Parliaments of any 218 AUTONOMY AND FEDERATION WITHIN EMPIRE State or States, but so that the law shall extend only to States by whose Parliaments the matter is referred, or which aferwards adopt the law: (xxxviii) The exercise within the Commonwealth, at the request or with the concurrence of the Parliaments of all the States directly concerned, of any power which can at the establishment of this Constitution be exer- cised only by the Parliament of the United Kingdom or by the Federal Council of Australasia: (xxxix) Matters incidental to the execution of any power vested by this Constitution in the Parliament or in either House thereof or in the Government of the Com- monwealth, or in the Federal Judicature, or in any department or officer of the Commonwealth. 52. The Parliament shall, subject to this Constitution, have exclusive power to make laws for the peace, order, and good government of the Commonwealth with respect to: (i) The seat of Government of the Commonwealth, and all places acquired by the Commonwealth for public pur- poses : (ii) Matters relating to any department of the public serv- ice the control of which is by this Constitution trans- ferred to the Executive Government of the Common- wealth : (iii) Other matters declared by this Constitution to be within the exclusive power of the Parliament. 53. Proposed laws appropriating revenue or moneys, or imposing taxation, shall not originate in the Senate. But a proposed law shall not be taken to appropriate revenue or moneys, or to impose taxation, by reason only of its con- taining provisions for the imposition or appropriation of fines or other pecuniary penalties, or for the demand or AUSTRALIA 219 payment or appropriation of fees for licenses, or fees for services under the proposed law. The Senate may not amend proposed laws imposing taxation, or proposed laws appropriating revenue or mon- eys for the ordinary annual services of the Government. The Senate may not amend any proposed law so as to increase any proposed charge or burden on the people. The Senate may at any stage return to the House of Representatives any proposed law which the Senate may not amend, requesting, by message, the omission or amend- ment of any items or provisions therein. And the House of Representatives may, if it thinks fit, make any of such omissions or amendments, with or without modifications. Except as provided in this section, the Senate shall have equal power with the House of Representatives in respect of all proposed laws. 54s. The proposed law which appropriates revenue or moneys for the ordinary annual services of the Government shall deal only with such appropriation. 55. Laws imposing taxation shall deal only with the im- position of taxation, and any provision therein dealing with any other matter shall be of no effect. Laws imposing taxation, except laws imposing duties of customs or of excise, shall deal with one subject of taxation only; but laws imposing duties of customs shall deal with duties of customs only, and laws imposing duties of excise shall deal with duties of excise only. 56. A vote, resolution, or proposed law for the appropri- ation of revenue or moneys shall not be passed unless the purpose of the appropriation has in the same session been recommended by message of the Governor General to the House in which the proposal originated. 57. If the House of Representatives passes any proposed 220 AUTONOMY AND FEDERATION WITHIN EMPIRE law, and the Senate rejects or fails to pass it, or passes it with amendments to which the House of Representatives will not agree, and if after an interval of three months the House of Representatives, in the same or the next session, again passes the proposed law with or without any amend- ments which have been made, suggested, or agreed to by the Senate, and the Senate rejects or fails to pass it, or passes it with amendments to which the House of Representatives will not agree, the Governor General may dissolve the Senate and the House of Representatives simultaneously. But such dissolution shall not take place within six months before the date of the expiry of the House of Representa- tives by effluxion of time. If after such dissolution the House of Representatives again passes the proposed law, with or without any amend- ments which have been made, suggested, or agreed to by the Senate, and the Senate rejects or fails to pass it, or passes it with amendments to which the House of Representatives will not agree, the Governor General may convene a joint sitting of the members of the Senate and of the House of Representatives . The members present at the joint sitting may deliberate and shall vote together upon the proposed law as last pro- posed by the House of Representatives, and upon amend- ments, if any, which have been made therein by one House and not agreed to by the other, and any such amendments which are affirmed by an absolute majority of the total number of the members of the Senate and House of Rep- resentatives shall be taken to have been carried, and if the proposed law, with the amendments, if any, so carried is affirmed by an absolute majority of the total number of the members of the Senate and House of Representatives, it shall be taken to have been duly passed by both Houses AUSTRALIA 221 of the Parliament, and shall be presented to the Governor General for the Queen's assent. 58. When a proposed law passed by both Houses of the Parliament is presented to the Governor General for the Queen's assent, he shall declare, according to his discretion, but subject to this Constitution, that he assents in the Queen's name, or that he withholds assent, or that he re- serves the law for the Queen's pleasure. The Governor General may return to the House in which it originated any proposed law so presented to him, and may transmit therewith any amendments which he may recom- mend, and the Houses may deal with the recommendation. 59. The Queen may disallow any law within one year from the Governor General's assent, and such disallowance on being made known by the Governor General, by speech or message to each of the Houses of the Parliament, or by proclamation, shall annul the law from the day when the disallowance is so made known. 60. A proposed law reserved for the Queen's pleasure shall not have any force unless and until within two years from the day on which it was presented to the Governor General for the Queen's assent the Governor General makes known, by speech or message to each of the Houses of the Parliament, or by proclamation, that it has received the Queen's assent. Chapter II. — The Executive Government 61. The executive power of the Commonwealth is vested in the Queen, and is exercisable by the Governor General as the Queen's representative, and extends to the execution and maintenance of this Constitution, and of the laws of the Commonwealth. 222 AUTONOMY AND FEDERATION WITHIN EMPIRE 62. There shall be a Federal Executive Council to advise the Governor General in the government of the Common- wealth, and the members of the Council shall be chosen and summoned by the Governor General and sworn as Execu- tive Councillors, and shall hold office during his pleasure. 63. The provisions of this Constitution referring to the Governor General in Council shall be construed as referring to the Governor General acting with the advice of the Federal Executive Council. 64. The Governor General may appoint officers to ad- minister such departments of State of the Commonwealth as the Governor General in Council may establish. Such officers shall hold office during the pleasure of the Governor General. They shall be members of the Federal Executive Council, and shall be the Queen's Ministers of State for the Commonwealth. After the first general election no Minister of State shall hold office for a longer period than three months unless he is or becomes a Senator or a member of the House of Representatives . 65. Until the Parliament otherwise provides, the Min- isters of State shall not exceed seven in number, and shall hold such offices as the Parliament prescribes, or, in the absence of provision, as the Governor General directs. 66. There shall be payable to the Queen, out of the Con- solidated Revenue Fund of the Commonwealth, for the salaries of the Ministers of State, an annual sum which, until the Parliament otherwise provides, shall not exceed twelve thousand pounds a year. 67. Until the Parliament otherwise provides, the ap- pointment and removal of all other officers of the Executive Government of the Commonwealth shall be vested in the Governor General in Council, unless the appointment is AUSTRALIA 223 delegated by the Governor General in Council or by a law of the Commonwealth to some other authority. 68. The command-in-chief of the naval and military forces of the Commonwealth is vested in the Governor General as the Queen's representative. 69. On a date or dates to be proclaimed by the Governor General after the establishment of die Commonwealth the following departments of the public service in each State shall become transferred to the Commonwealth: Posts, telegraphs, and telephones: Naval and military defence: Light-houses, light-ships, beacons, and buoys: Quarantine. But the departments of customs and of excise in each State shall become transferred to the Commonwealth on its establishment. 70. In respect of matters which, under this Constitution, pass to the Executive Government of the Commonwealth, all powers and functions which at the establishment of the Commonwealth are vested in the Governor of a Colony, or in the Governor of a Colony with the advice of his Executive Council, or in any authority of a Colony, shall vest in the Governor General, or in the Governor General in Council, or in the authority exercising similar powers under the Commonwealth, as the case requires. Chapter III. — The Judicature 71. The judicial power of the Commonwealth shall be vested in a Federal Supreme Court, to be called the High Court of Australia, and in such other federal courts as the Parliament creates, and in such other courts as it invests with federal jurisdiction. The High Court shall consist of 224 AUTONOMY AND FEDERATION WITHIN EMPIRE a Chief Justice, and so many other Justices, not less than two, as the Parliament prescribes. 72. The Justices of the High Court and of the other courts created by the Parliament — (i) Shall be appointed by the Governor General in Council : (ii) Shall not be removed except by the Governor General in Council, on an address from both Houses of the Parliament in the same session, praying for such re- moval on the ground of proved misbehaviour or inca- pacity : (iii) Shall receive such remuneration as the Parliament may fix; but the remuneration shall not be diminished dur- ing their continuance in office. 73. The High Court shall have jurisdiction, with such exceptions and subject to such regulations as the Parlia- ment prescribes, to hear and determine appeals from all judgments, decrees, orders, and sentences — (i) Of any justice or justices exercising the original juris- diction of the High Court: (ii) Of any other federal court, or court exercising federal jurisdiction; or of the Supreme Court of any State, or of any other court of any State from which at the establishment of the Commonwealth an appeal lies to the Queen in Council: (iii) Of the Inter-State Commission, but as to questions of law only: and the judgment of the High Court in all such cases shall be final and conclusive. But no exception or regulation prescribed by the Parlia- ment shall prevent the High Court from hearing and determining any appeal from the Supreme Court of a State in any matter in which at the establishment of the AUSTRALIA 225 Commonwealth an appeal lies from such Supreme Court to the Queen in Council. Until the Parliament otherwise provides, the conditions of and restrictions on appeals to the Queen in Council from the Supreme Courts of the several States shall be applicable to appeals from them to the High Court. 74. No appeal shall be permitted to the Queen in Council from a decision of the High Court upon any question, howsoever arising, as to the limits inter se of the Constitu- tional powers of the Commonwealth and those of any State or States, or as to the limits inter se of the Constitutional powers of any two or more States, unless the High Court shall certify that the question is one which ought to be determined by Her Majesty in Council. The High Court may so certify if satisfied that for any special reason the certificate should be granted, and there- upon an appeal shall lie to Her Majesty in Council on the question without further leave. Except as provided in this section, this Constitution shall not impair any right which the Queen may be pleased to exercise by virtue of Her royal prerogative to grant special leave of appeal from the High Court to Her Majesty in Council. The Parliament may make laws limiting the mat- ters in which such leave may be asked, but proposed laws containing any such limitations shall be reserved by the Governor General for Her Majesty's pleasure. 75. In all matters — (i) Arising under any treaty: (ii) Affecting consuls or other representatives of other countries : (iii) In which the Commonwealth, or a person suing or being sued on behalf of the Commonwealth, is a party: 226 AUTONOMY AND FEDERATION WITHIN EMPIRE (iv) Between States, or between residents of different States, or between a State and a resident of another State: (v) In which a writ of mandamus or prohibition or an in- junction is sought against an officer of the Common- wealth : the High Court shall have original jurisdiction. 76. The Parliament may make laws conferring original jurisdiction on the High Court in any matter — (i) Arising under this Constitution, or involving its inter- pretation : (ii) Arising under any laws made by the Parliament: (iii) Of admiralty and maritime jurisdiction: (iv) Relating to the same subject-matter claimed under the laws of different States. 77. With respect to any of the matters mentioned in the last two sections the Parliament may make laws — (i) Defining the jurisdiction of any federal court other than the High Court: (ii) Defining the extent to which the jurisdiction of any federal court shall be exclusive of that which belongs to or is invested in the courts of the States: (iii) Investing any court of a State with federal juris- diction. 78. The Parliament may make laws conferring rights to proceed against the Commonwealth or a State in respect of matters within the limits of the judicial power. 79. The federal jurisdiction of any court may be exer- cised by such number of judges as the Parliament pre- scribes. 80. The trial on indictment of any offence against any law of the Commonwealth shall be by jury, and every such trial shall be held in the State where the offence was com- AUSTRALIA 227 mitted, and if the offence was not committed within any State the trial shall be held at such place or places as the Parliament prescribes. Chapter IV. — Finance and Trade 81. All revenues or moneys raised or received by the Ex- ecutive Government of the Commonwealth shall form one Consolidated Revenue Fund, to be appropriated for the purposes of the Commonwealth in the manner and subject to the charges and liabilities imposed by this Constitution. 82. The costs, charges, and expenses incident to the col- lection, management, and receipt of the Consolidated Rev- enue Fund shall form the first charge thereon; and the revenue of the Commonwealth shall in the first instance be applied to the payment of the expenditure of the Common- wealth. 83. No money shall be drawn from the Treasury of the Commonwealth except under appropriation made by law. But until the expiration of one month after the first meet- ing of the Parliament the Governor General in Council may draw from the Treasury and expend such moneys as may be necessary for the maintenance of any department trans- ferred to the Commonwealth and for the holding of the first elections for the Parliament. 84. When any department of the public service of a State becomes transferred to the Commonwealth, all officers of the department shall become subject to the control of the Executive Government of the Commonwealth. Any such officer who is not retained in the service of the Commonwealth shall, unless he is appointed to some other office of equal emolument in the public service of the State, be entitled to receive from the State any pension, gratuity, 228 AUTONOMY AND FEDERATION WITHIN EMPIRE or other compensation, payable under the law of the State on the abolition of his office. Any such officer who is retained in the service of the Commonwealth shall preserve all his existing and accruing rights, and shall be entitled to retire from office at the time, and on the pension or retiring allowance, which would be permitted by the law of the State if his service with the Commonwealth were a continuation of his service with the State. Such pension or retiring allowance shall be paid to him by the Commonwealth; but the State shall pay to the Commonwealth a part thereof, to be calculated on the pro- portion which his term of service with the State bears to his whole term of service, and for the purpose of the calcu- lation his salary shall be taken to be that paid to him by the State at the time of the transfer. Any officer who is, at the establishment of the Common- wealth, in the public service of a State, and who is, by con- sent of the Governor of the State, with the advice of the Executive Council thereof, transferred to the public service of the Commonwealth, shall have the same rights as if he had been an officer of a department transferred to the Com- monwealth and were retained in the service of the Common- wealth. 85. When any department of the public service of a State is transferred to the Commonwealth — (i) All property of the State of any kind, used exclusive- ly in connexion with the department, shall become vested in the Commonwealth; but, in the case of the departments controlling customs and excise and boun- ties, for such time only as the Governor General in Council may declare to be necessary : (ii) The Commonwealth may acquire any property of the State, of any kind, used, but not exclusively used in AUSTRALIA 229 connexion with the department ; the value thereof shall, if no agreement can be made, be ascertained in, as nearly as may be, the manner in which the value of land, or of an interest in land, taken by the State for public purposes is ascertained under the law of the State in force at the establishment of the Common- wealth : (hi) The Commonwealth shall compensate the State for the value of any property passing to the Commonwealth under this section; if no agreement can be made as to the mode of compensation, it shall be determined under laws to be made by the Parliament: (iv) The Commonwealth shall, at the date of the transfer, assume the current obligations of the State in respect of the department transferred. 86. On the establishment of the Commonwealth, the col- lection and control of duties of customs and of excise, and the control of the payment of bounties, shall pass to the Executive Government of the Commonwealth. 87. During a period of ten years after the establishment of the Commonwealth and thereafter until the Parliament otherwise provides, of the net revenue of the Commonwealth from duties of customs and of excise not more than one- fourth shall be applied annually by the Commonwealth to- wards its expenditure. The balance shall, in accordance with this Constitution, be paid to the several States, or applied towards the pay- ment of interest on debts of the several States taken over by the Commonwealth. 88. Uniform duties of customs shall be imposed within two years after the establishment of the Commonwealth. 89. Until the imposition of uniform duties of customs : 230 AUTONOMY AND FEDERATION WITHIN EMPIRE (i) The Commonwealth shall credit to each State the rev- enues collected therein by the Commonwealth, (ii) The Commonwealth shall debit to each State — (a) the expenditure therein of the Commonwealth in- curred solely for the maintenance or continuance, as at the time of transfer, of any department transferred from the State to the Commonwealth; (b) the proportion of the State, according to the num- ber of its people, in the other expenditure of the Com- monwealth. (iii) The Commonwealth shall pay to each State month by month the balance (if any) in favor of the State. 90. On the imposition of uniform duties of customs the power of the Parliament to impose duties of customs and of excise, and to grant bounties on the production or ex- port of goods, shall become exclusive. On the imposition of uniform duties of customs all laws of the several States imposing duties of customs or excise, or offering bounties on the production or export of goods, shall cease to have effect, but any grant of or agreement for any such bounty lawfully made by or under the au- thority of the Government of any State shall be taken to be good if made before the thirtieth day of June, one thousand eight hundred and ninety-eight, and not other- wise. 91. Nothing in this Constitution prohibits a State from granting any aid to or bounty on mining for gold, silver, or other metals, nor from granting, with the consent of both Houses of the Parliament of the Commonwealth ex- pressed by resolution, any aid to or bounty on the produc- tion or export of goods. 92. On the imposition of uniform duties of customs, trade, commerce, and intercourse among the States, AUSTRALIA 231 whether by means of internal carriage or ocean navigation, shall be absolutely free. But notwithstanding anything in this Constitution, goods imported before the imposition of uniform duties of cus- toms into any State, or into any Colony which, whilst the goods remain therein, becomes a State, shall, on thence passing into another State within two years after the im- position of such duties, be liable to any duty chargeable on the importation of such goods into the Commonwealth, less any duty paid in respect of the goods on their im- portation. 93. During the first five years after the imposition of uniform duties of customs, and thereafter until the Par- liament otherwise provides — (i) The duties of customs chargeable on goods imported into a State and afterwards passing into another State for consumption, and the duties of excise paid on goods produced or manufactured in a State and after- wards passing into another State for consumption, shall be taken to have been collected not in the former but in the latter State. (ii) Subject to the last sub-section, the Commonwealth shall credit revenue, debit expenditure, and pay bal- ances to the several States as prescribed for the period preceding the imposition of uniform duties of customs. 94. After five years from the imposition of uniform duties of customs, the Parliament may provide, on such basis as it deems fair, for the monthly payment to the several States of all surplus revenue of the Commonwealth. 95. Notwithstanding anything in this Constitution, the Parliament of the State of Western Australia, if that State be an original State, may during the first five years after the imposition of uniform duties of customs, impose 232 AUTONOMY AND FEDERATION WITHIN EMPIRE duties of customs on goods passing into that State, and not originally imported from beyond the limits of the Common- wealth; and such duties shall be collected by the Com- monwealth. But any duty so imposed on any goods shall not exceed during the first of such years the duty chargeable on the goods under the law of Western Australia in force at the imposition of uniform duties, and shall not exceed during the second, third, fourth, and fifth of such years respective- ly, four-fifths, three-fifths, two-fifths, and one-fifth of such latter duty, and all duties imposed under this section shall cease at the expiration of the fifth year after the imposition of uniform duties. If at any time during the five years the duty on any goods under this section is higher than the duty imposed by the Commonwealth on the importation of the like goods, then such higher duty shall be collected on the goods when imported into Western Australia from beyond the limits of the Commonwealth. 96. During a period of ten years after the establishment of the Commonwealth and thereafter until the Parliament otherwise provides, the Parliament may grant financial assistance to any State on such terms and conditions as the Parliament thinks fit. 97. Until the Parliament otherwise provides, the laws in force in any Colony which has become or becomes a State with respect to the receipt of revenue and the ex- penditure of money on account of the Government of the Colony, and the review and audit of such receipt and ex- penditure, shall apply to the receipt of revenue and the expenditure of money on account of the Commonwealth in the State in the same manner as if the Commonwealth, or the Government, or an officer of the Commonwealth, were AUSTRALIA 233 mentioned whenever the Colony, or the Government, or an officer of the Colony is mentioned. 98. The power of the Parliament to make laws with respect to trade and commerce extends to navigation and shipping, and to railways the property of any State. 99. The Commonwealth shall not, by any law or regu- lation of trade, commerce, or revenue, give preference to one State or any part thereof over another State or any part thereof. 100. The Commonwealth shall not, by any law or regu- lation of trade or commerce, abridge the right of a State or of the residents therein to the reasonable use of the waters of rivers for conservation or irrigation. 101. There shall be an Inter-State Commission, with such powers of adjudication and administration as the Parliament deems necessary for the execution and main- tenance, within the Commonwealth, of the provisions of this Constitution relating to trade and commerce, and of all laws made thereunder. 102. The Parliament may by any law with respect to trade or commerce forbid, as to railways, any preference or discrimination by any State, or by any authority con- stituted under a State, if such preference or discrimination is undue and unreasonable, or unjust to any State; due re- gard being had to the financial responsibilities incurred by any State in connexion with the construction and mainten- ance of its railways. But no preference or discrimination shall, within the meaning of this section, be taken to be undue and unreasonable, or unjust to any State, unless so adjudged by the Inter-State Commission. 103. The members of the Inter-State Commission — (i) Shall be appointed by the Governor General in Coun- cil: 234 AUTONOMY AND FEDERATION WITHIN EMPIRE (ii) Shall hold office for seven years, but may be removed within that time by the Governor General in Council, on an address from both Houses of the Parliament in the same session praying for such removal on the ground of proved misbehaviour or incapacity: (hi) Shall receive such remuneration as the Parliament may fix; but such remuneration shall not be diminished during their continuance in office. 104. Nothing in this Constitution shall render unlawful any rate for the carriage of goods upon a railway, the property of a State, if the rate is deemed by the Inter- State Commission to be necessary for the development of the territory of the State, and if the rate applies equally to goods within the State and to goods passing into the State from other States. 105. The Parliament may take over from the States their public debts as existing at the establishment of the Commonwealth, or a proportion thereof according to the respective numbers of their people as shown by the latest statistics of the Commonwealth, and may convert, renew, or consolidate such debts, or any part thereof; and the States shall indemnify the Commonwealth in respect of the debts taken over, and thereafter the interest payable in respect of the debts shall be deducted and retained from the portions of the surplus revenue of the Commonwealth payable to the several States, or if such surplus is in- sufficient, or if there is no surplus, then the deficiency or the whole amount shall be paid by the several States. 1 Chapter V. — The States 106. The Constitution of each State of the Common- wealth shall, subject to this Constitution, continue as at i Section 105 was changed in 1900; see, below, p. 242. AUSTRALIA 235 the establishment of the Commonwealth, or as at the admission or establishment of the State, as the case may be, until altered in accordance with the Constitution of the State. 107. Every power of the Parliament of a Colony which has become or becomes a State, shall, unless it is by this Constitution exclusively vested in the Parliament of the Commonwealth or withdrawn from the Parliament of the State, continue as at the establishment of the Common- wealth, or as at the admission or establishment of the State, as the case may be. 108. Every law in force in a Colony which has become or becomes a State, and relating to any matter within the powers of the Parliament of the Commonwealth, shall, subject to this Constitution, continue in force in the State; and, until provision is made in that behalf by the Parlia- ment of the Commonwealth, the Parliament of the State shall have such powers of alteration and of repeal in re- spect of any such law as the Parliament of the Colony had until the Colony became a State. 109. When a law of a State is inconsistent with a law of the Commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid. 110. The provisions of this Constitution relating to the Governor of a State extend and apply to the Governor for the time being of the State, or other chief executive officer or administrator of the government of the State. 111. The Parliament of a State may surrender any part of the State to the Commonwealth; and upon such surrender, and the acceptance thereof by the Common- wealth, such part of the State shall become subject to the exclusive jurisdiction of the Commonwealth. 112. After uniform duties of customs have been im- 236 AUTONOMY AND FEDERATION WITHIN EMPIRE posed, a State may levy on imports or exports, or on goods passing into or out of the State, such charges as may be necessary for executing the inspection laws of the State; but the net produce of all charges so levied shall be for the use of the Commonwealth; and any such inspection laws may be annulled by the Parliament of the Commonwealth. 113. All fermented, distilled, or other intoxicating liquids passing into any State or remaining therein for use, consumption, sale, or storage, shall be subject to the laws of the State as if such liquids had been produced in the State. 114. A State shall not, without the consent of the Parliament of the Commonwealth, raise or maintain any naval or military force, or impose any tax on property of any kind belonging to the Commonwealth, nor shall the Commonwealth impose any tax on property of any kind belonging to a State. 115. A State shall not coin money, nor make anything but gold and silver coin a legal tender in payment of debts. 116. The Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any re- ligion, and no religious test shall be required as a qualifica- tion for any office or public trust under the Common- wealth. 117. A subject of the Queen, resident in any State, shall not be subject in any other State to any disability or discrimination which would not be equally applicable to him if he were a subject of the Queen resident in such other State. 118. Full faith and credit shall be given, throughout the Commonwealth, to the laws, the public acts and records, and the judicial proceedings of every State. AUSTRALIA 237 119. The Commonwealth shall protect every State against invasion and, on the application of the Executive Government of the State, against domestic violence. 120. Every State shall make provision for the detention in its prisons of persons accused or convicted of offences against the laws of the Commonwealth, and for the punish- ment of persons convicted of such offences, and the Parlia- ment of the Commonwealth may make laws to give effect to this provision. Chapter VI. — New States 121. The Parliament may admit to the Commonwealth or establish new States, and may upon such admission or establishment make or impose such terms and conditions, including the extent of representation in either House of the Parliament, as it thinks fit. 122. The Parliament may make laws for the govern- ment of any territory surrendered by any State to and accepted by the Commonwealth, or of any territory placed by the Queen under the authority of and accepted by the Commonwealth, or otherwise acquired by the Common- wealth, and may allow the representation of such territory in either House of the Parliament to the extent and on the terms which it thinks fit. 123. The Parliament of the Commonwealth may, with the consent of the Parliament of a State, and the approval of the majority of the electors of the State voting upon the question, increase, diminish, or otherwise alter the limits of the State, upon such terms and conditions as may be agreed on, and may, with the like consent, make pro- vision respecting the effect and operation of any increase or diminution or alteration of territory in relation to any State affected. 238 AUTONOMY AND FEDERATION WITHIN EMPIRE 124. A new State may be formed by separation of territory from a State, but only with the consent of the Parliament thereof, and a new State may be formed by the union of two or more States or parts of States, but only with the consent of the Parliaments of the States affected. Chaptek VII. — Miscellaneous 125. The seat of Government of the Commonwealth shall be determined by the Parliament, and shall be within territory which shall have been granted to or acquired by the Commonwealth, and shall be vested in and belong to the Commonwealth, and shall be in the State of New South Wales, and be distant not less than one hundred miles from Sydney. Such territory shall contain an area of not less than one hundred square miles, and such portion thereof as shall consist of Crown lands shall be granted to the Common- wealth without any payment therefor. The Parliament shall sit at Melbourne until it meet at the seat of Government. 126. The Queen may authorize the Governor General to appoint any person, or any persons jointly or severally, to be his deputy or deputies within any part of the Com- monwealth, and in that capacity to exercise during the pleasure of the Governor General such powers and func- tions of the Governor General as he thinks fit to assign to such deputy or deputies, subject to any limitations ex- pressed or directions given by the Queen; but the appoint- ment of such deputy or deputies shall not affect the exer- cise by the Governor General himself of any power or function. 127. In reckoning the numbers of the people of the AUSTRALIA 239 Commonwealth, or of a State or other part of the Com- monwealth, aboriginal natives shall not be counted. Chapter VIII. — Alteration of the Constitution 128. This Constitution shall not be altered except in the following manner: The proposed law for the alteration thereof must be passed by an absolute majority of each House of the Par- liament, and not less than two or more than six months after its passage through both Houses the proposed law shall be submitted in each State to the electors qualified to vote for the election of members of the House of Repre- sentatives. But if either House passes any such proposed law by an absolute majority, and the other House rejects or fails to pass it or passes it with any amendment to which the first-mentioned House will not agree, and if after an in- terval of three months the first-mentioned House in the same or the next session again passes the proposed law by an absolute majority with or without any amendment which has been made or agreed to by the other House 5 and such other House rejects or fails to pass it or passes it with any amendment to which the first-mentioned House will not agree, the Governor General may submit the pro- posed law as last proposed by the first-mentioned House, and either with or without any amendments subsequently agreed to by both Houses, to the electors in each State qualified to vote for the election of the House of Repre- sentatives. When a proposed law is submitted to the electors the vote shall be taken in such manner as the Parliament pre- scribes. But until the qualification of electors of members 240 AUTONOMY AND FEDERATION WITHIN EMPIRE of the House of Representatives becomes uniform through- out the Commonwealth, only one-half the electors voting for and against the proposed law shall be counted in any State in which adult suffrage prevails. And if in a majority of the States a majority of the electors voting approve the proposed law, and if a majority of all the electors voting also approve the proposed law, it shall be presented to the Governor General for the Queen's assent. No alteration diminishing the proportionate representa- tion of any State in either House of the Parliament, or the minimum number of representatives of a State in the House of Representatives, or increasing, diminishing, or otherwise altering the limits of the State, or in any manner affecting the provisions of the Constitution in relation thereto, shall become law unless the majority of the electors voting in that State approve the proposed law. Schedule Oath I, A. B., do swear that I will be faithful and bear true allegiance to Her Majesty Queen Victoria, Her heirs and successors according to law. So help me God! Affirmation I, A. B., do solemnly and sincerely affirm and declare that I will be faithful and bear true allegiance to Her Majesty Queen Victoria, Her heirs and successors accord- ing to law. Note. — The name of the King or Queen of the United Kingdom of Great Britain and Ireland for the time being is to be substituted from time to time. AUSTRALIA 241 CONSTITUTION ALTERATION x (senate elections) No. 1 of 1907 An Act to alter the provisions of the Constitution relating to the election of Senators. Be it enacted by the King's most excellent Majesty, the Senate, and the House of Representatives of the Common- wealth of Australia, with the approval of the electors, as required by the Constitution, as follows: 1. This Act may be cited as Constitution Alteration (Senate Elections) 1906. 2. Section thirteen of the Constitution is altered — (a) by omitting the words "the third year," and in- serting in lieu thereof the words "three years"; (b) by omitting the words "the sixth year," and in- serting in lieu thereof the words "six years"; (c) by omitting the words "in the year at the expira- tion of which," and inserting in lieu thereof "with- in one year before"; (d) by omitting the word "January" wherever it oc- curs, and inserting in lieu thereof the word "July". 3. — (1) The terms of service of the Senators whose places would, but for this Act, become vacant at the ex- piration of the year one thousand nine hundred and nine are extended until the thirtieth day of June one thousand nine hundred and ten. (2) The terms of service of the Senators whose places i Knowles, vol. I, p. 28. 242 AUTONOMY AND FEDERATION WITHIN EMPIRE would, but for this Act, become vacant at the expiration of the year one thousand nine hundred and twelve are extended until the thirtieth day of June one thousand nine hundred and thirteen. 4. This Act shall not be taken to alter the time of beginning of the term of service of any Senator elected in the year one thousand nine hundred and six. CONSTITUTION ALTERATION x (state debts) No. 3 of 1910 An Act to alter the provisions of the Constitution relating to the public debts of the States. Be it enacted by the King's most excellent Majesty, the Senate, and the House of Representatives of the Common- wealth of Australia, with the approval of the electors, as required by the Constitution, as follows : 1. This Act may be cited as Constitution Alteration (State Debts) 1909. 2. Section one hundred and five of the Constitution is altered by omitting the words "as existing at the establish- ment of the Commonwealth." i Knowles, vol. I, p. 29. PART V SOUTH AFRICA HISTORICAL RESUME The four autonomous Colonies in South Africa were united in 1909 in a federal union by an Imperial statute. In the case of South Africa the problems facing the supporters of the federal movement were peculiarly perplexing, but the experiences of Canada and Australia could be called upon for assistance and in the end the third federation came into being, having, as its centre, a responsible government similar to those existing in the other Colonies. SOUTH AFRICA ACT [9 Edward VII, cap. 9] ARRANGEMENT OF SECTIONS I.— PRELIMINARY Section. 1. Short title. 2. Definitions. 3. Application of Act to King's successors. II.— THE UNION 4. Proclamation of Union. 5. Commencement of Act. 6. Incorporation of Colonies into the Union. 7. Application of Colonial Boundaries Act, &c. III.— EXECUTIVE GOVERNMENT 8. Executive power. 9. Governor General. 10. Salary of Governor General. 11. Application of Act of Governor General. 12. Executive Council. 13. Meaning of Governor General in Council. 14. Appointment of ministers. 15. Appointment and removal of officers. 16. Transfer of executive powers to Governor General in Council. 17. Command of naval and military forces. 18. Seat of Government. IV.— PARLIAMENT 19. Legislative power. 20. Sessions of Parliament. 21. Summoning of first Parliament. 22. Annual session of Parliament. 23. Seat of Legislature. Seriate 24. Original constitution of Senate. 25. Subsequent constitution of Senate. 245 246 AUTONOMY AND FEDERATION WITHIN EMPIRE 26. Qualifications of Senators. 27. Appointment and tenure of office of President. 28. Deputy President. 29. Resignation of Senators. 30. Quorum. 31. Voting in the Senate House of Assembly 32. Constitution of House of Assembly. 33. Original number of members. 34. Increase of number of members. 35. Qualifications of voters. 36. Application of existing qualifications. 37. Elections. 38. Commission for delimitation of electoral divisions. 39. Electoral divisions. 40. Method of dividing provinces into electoral divisions. 41. Alteration of electoral divisions. 42. Powers and duties of commission for delimiting electoral divisions. 43. Date from which alteration of electoral divisions to take effect. 44. Qualifications of members of House of Assembly. 45. Duration. 46. Appointment and tenure of office of Speaker. 47. Deputy Speaker. 48. Resignation of members. 49. Quorum. 50. Voting in House of Assembly. Both Houses of Parliament 51. Oath or affirmation of allegiance. 52. Member of either House disqualified for being member of the other House. 53. Disqualifications for being a member of either House. 54. Vacation of seats. 55. Penalty for sitting or voting when disqualified. 56. Allowances of members. 57. Privileges of Houses of Parliament. 58. Rules of procedure. Powers of Parliament 59. Powers of Parliament. 60. Money bills. 61. Appropriation bills. 62. Recommendation of money votes. 63. Disagreements between the two Houses. 64. Royal assent to bills. 65. Disallowance of bills. SOUTH AFRICA 247 66. Reservation of bills. 67. Signature and enrolment of Acts. V— THE PROVINCES Administrators 68. Appointment and tenure of office of provincial administrators. 69. Salaries of administrators. Provincial Councils 70. Constitution of Provincial Councils. 71. Qualification of Provincial Councillors. " 72. Application of sections 53 to 55 to Provincial Councillors. 73. Tenure of office of Provincial Councillors. 74. Sessions of Provincial Councils. 75. Chairman of Provincial Councils. 76. Allowances of Provincial Councillors. 77. Freedom of speech in Provincial Councils. Executive Committees 78. Provincial Executive Committees. 79. Right of administrator, &c, to take part in proceedings of Provincial Council. 80. Powers of Provincial Executive Committees. 81. Transfer of powers to Provincial Executive Committees. 82. Voting in Executive Committees. 83. Tenure of office by members of Executive Committees. 84. Power of administrator to act on behalf of Governor General in Council Powers of Provincial Councils 85. Powers of Provincial Councils. 86. Effect of Provincial Ordinances. 87. Recommendations to Parliament. 88. Power to deal with matters proper to be dealt with by private bill legislation. 89. Constitution of provincial revenue fund. 90. Assent to provincial ordinances. 91. Effect and enrolment of ordinances. Miscellaneous 92. Audit of provincial accounts. 93. Continuation of powers of divisional and municipal councils. 94. beats of Provincial Government. VI.— THE SUPREME COURT OF SOUTH AFRICA 95. Constitution of Supreme Court. 96. Appellate Division of Supreme Court. 248 AUTONOMY AND FEDERATION WITHIN EMPIRE 97. Filling of temporary vacancies in Appellate Division. 98. Constitution of provincial and local divisions of Supreme Court. 99. Continuation in office of existing judges. 100. Appointment and remuneration of judges. 101. Tenure of office by judges. 102. Reduction in number of judges. 103. Appeals to Appellate Division. 104. Existing appeals. 105. Appeals from inferior courts of provincial divisions. 106. Provisions as to appeals to the King in Council. 107. Rules of procedure in Appellate Division. 108. Rules of procedure in provincial and local divisions. 109. Place of sittings of Appellate Division. 110. Quorum for hearing appeals. 111. Jurisdiction of Appellate Division. 112. Execution of processes of provincial divisions. 113. Transfer of suits from one provincial or local division to another. 114. Registrar and officers of Appellate Division. 115. Advocates and attorneys. 116. Pending suits. VII.— FINANCE AND RAILWAYS 117. Constitution of Consolidated Revenue Fund and Railway and Harbor Fund. 118. Commission of injury into financial relations between union and provinces. 119. Security for existing public debts. 120. Requirements for withdrawal of money from funds. 121. Transfer of colonial property to the Union. 122. Crown lands, &c. 123. Mines and minerals. 124. Assumption by Union of colonial debts. 125. Ports, harbors, and railways. 126. Constitution of Harbor and Railway Board. 127. Administration of railways, ports, and harbors. 128. Establishment of fund for maintaining uniformity of railway rates. 129. Management of railway and harbor balances. 130. Construction of harbor and railway works. 131. Making good of deficiencies in Railway Fund in certain cases. 132. Controller and Auditor General. 133. Compensation of colonial capitals for diminution of prosperity. VIII.— GENERAL 134. Method of voting for Senators, &c. 135. Continuation of existing colonial laws. 136. Free trade throughout Union. 137. Equality of English and Dutch languages. 138. Naturalization. 139. Administration of justice. SOUTH AFRICA 249 140. Existing officers. 141. Reorganization of public departments. 142. Public service commission. 143. Pensions of existing officers. 144. Tenure of office of existing officers. 145. Existing officers not to be dismissed for ignorance of English or Dutch. 146. Compensation to existing officers who are not retained. 147. Administration of native affairs, &c. 148. Devolution on Union of rights and obligations under conventions. IX.— NEW PROVINCES AND TERRITORIES 149. Alteration of boundaries of Provinces. 150. Power to admit into Union territories administered by British South Africa Company. 151. Power to transfer to Union government of native territories. X.— AMENDMENT OF ACT 152. Amendment of Act. Schedule. An Act to constitute the Union of South Africa, Whereas it is desirable for the welfare and future pro- gress of South Africa that the several British Colonies therein should be united under one Government in a legis- lative union under the Crown of Great Britain and Ire- land: And whereas it is expedient to make provision for the union of the Colonies of the Cape of Good Hope, Natal, the Transvaal, and the Orange River Colony on terms and conditions to which they have agreed by resolution of their respective Parliaments, and to define the executive, legis- lative, and judicial powers to be exercised in the govern- ment of the Union: And whereas it is expedient to make provision for the establishment of Provinces with powers of legislation and administration in local matters and in such other matters as may be specially reserved for provincial legis- lation and administration: 250 AUTONOMY AND FEDERATION WITHIN EMPIRE And whereas it is expedient to provide for the eventual admission into the Union or transfer to the Union of such parts of South Africa as are not originally included there- in: Be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : I. — Preliminary 1. This Act may be cited as the South Africa Act, 1909. 2. In this Act, unless it is otherwise expressed or im- plied, the words " the Union " shall be taken to mean the Union of South Africa as constituted under this Act, and the words " Houses of Parliament," " House of Par- liament," or " Parliament " shall be taken to mean the Parliament of the Union. 3. The provisions of this Act referring to the King shall extend to His Majesty's heirs and successors in the sovereignty of the United Kingdom of Great Britain and Ireland. II. — The Union 4. It shall be lawful for the King, with the advice of the Privy Council, to declare by proclamation that, on and after a day therein appointed, not being later than one year after the passing of this Act, the Colonies of the Cape of Good Hope, Natal, the Transvaal, and the Orange River Colony, hereinafter called the Colonies, shall be united in a Legislative Union under one Government under the name of the Union of South Africa. On and after the day appointed by such proclamation the Govern- ment and Parliament of the Union shall have full power SOUTH AFRICA 251 and authority within the limits of the Colonies, but the King may at any time after the proclamation appoint a Governor General for the Union. 5. The provisions of this Act shall, unless it is other- wise expressed or implied, take effect on and after the day so appointed. 6. The Colonies mentioned in section four shall become original Provinces of the Union under the names of Cape of Good Hope, Natal, Transvaal, and Orange Free State, as the case may be. The original Provinces shall have the same limits as the respective Colonies at the establish- ment of the Union. 7. Upon any Colony entering the Union, the Colonial Boundaries Act, 1895, and every other Act applying to any of the Colonies as being self-governing Colonies or Colonies with responsible government, shall cease to apply to that Colony, but as from the date when this Act takes effect every such Act of Parliament shall apply to the Union. III. — Executive Government 8. The Executive Government of the Union is vested in the King, and shall be administered by His Majesty in person or by a Governor General as His representative. 9. The Governor General shall be appointed by the King, and shall have and may exercise in the Union during the King's pleasure, but subject to this Act, such powers and functions of the King as His Majesty may be pleased to assign to him. 10. There shall be payable to the King out of the Consolidated Revenue Fund of the Union for the salary of the Governor General an annual sum of ten thousand 252 AUTONOMY AND FEDERATION WITHIN EMPIRE pounds. The salary of the Governor General shall not be altered during his continuance in office. 11. The provisions of this Act relating to the Governor General extend and apply to the Governor General for the time being or such person as the King may appoint to adminster the government of the Union. The King may authorize the Governor General to appoint any person to be his deputy within the Union during his temporary absence, and in that capacity to exercise for and on behalf of the Governor General during such absence all such powers and authorities vested in the Governor General as the Governor General may assign to him, subject to any limitations expressed or directions given by the King; but the appointment of such deputy shall not affect the exer- cise by the Governor General himself of any power or function. 12. There shall be an Executive Council to advise the Governor General in the government of the Union, and the members of the council shall be chosen and summoned by the Governor General and sworn as executive council- lors, and shall hold office during his pleasure. 13. The provisions of this Act referring to the Gov- ernor General in Council shall be construed as referring to the Governor General acting with the advice of the Executive Council. 14. The Governor General may appoint officers not ex- ceeding ten in number to administer such departments of State of the Union as the Governor General in Council may establish; such officers shall hold office during the pleasure of the Governor General. They shall be mem- bers of the Executive Council and shall be the King's ministers of State for the Union. After the first general election of members of the House of Assembly, as herein- SOUTH AFRICA 253 after provided, no minister shall hold office for a longer period than three months unless he is or becomes a member of either House of Parliament. 15. The appointment and removal of all officers of the public service of the Union shall be vested in the Governor General in Council, unless the appointment is delegated by the Governor General in Council or by this Act or by a law of Parliament to some other authority. 16. All powers, authorities, and functions which at the establishment of the Union are in any of the Colonies vested in the Governor or in the Governor in Council, or in any authority of the Colony, shall, as far as the same continue in existence and are capable of being exercised after the establishment of the Union, be vested in the Governor General or in the Governor General in Council, or in the authority exercising similar powers under the Union, as the case may be, except such powers and func- tions as are by this Act or may by a law of Parliament be vested in some other authority. 17. The command-in-chief of the naval and military forces within the Union is vested in the King or in the Governor General as his representative. 18. Save as in section twenty -three excepted, Pretoria shall be the seat of Government of the Union. IV. — Parliament 19. The legislative power of the Union shall be vested in the Parliament of the Union, herein called Parliament, which shall consist of the King, a Senate, and a House of Assembly. 20. The Governor General may appoint such times for holding the sessions of Parliament as he thinks fit, and 254 AUTONOMY AND FEDERATION WITHIN EMPIRE may also from time to time, by proclamation or otherwise, prorogue Parliament, and may in like manner dissolve the Senate and the House of Assembly simultaneously, or the House of Assembly alone: provided that the Senate shall not be dissolved within a period of ten years after the establishment of the Union, and provided further that the dissolution of the Senate shall not affect any Senators nominated by the Governor General in Council. 21. Parliament shall be summoned to meet not later than six months after the establishment of the Union. 22. There shall be a session of Parliament once at least in every year, so that a period of twelve months shall not intervene between the last sitting of Parliament in one session and its first sitting in the next session. 23. Cape Town shall be the seat of the Legislature of the Union. Senate 24. For ten years after the establishment of the Union the constitution of the Senate shall, in respect of the original Provinces, be as follows: (i) Eight Senators shall be nominated by the Governor General in Council, and for each Original Province eight Senators shall be elected in the manner herein- after provided: (ii) The Senators to be nominated by the Governor Gen- eral in Council shall hold their seats for ten years. One-half of their number shall be selected on the ground mainly of their thorough acquaintance, by reason of their official experience or otherwise, with the reasonable wants and wishes of the colored races in South Africa. If the seat of a Senator so nomi- SOUTH AFRICA 255 nated shall become vacant, the Governor General in Council shall nominate another person to be a Senator, who shall hold his seat for ten years : (iii) After the passing of this Act, and before the day appointed for the establishment of the Union, the Governor of each of the Colonies shall summon a special sitting of both Houses of the Legislature, and the two Houses sitting together as one body and presided over by the Speaker of the Legislative As- sembly shall elect eight persons to be Senators for the Province. Such Senators shall hold their seats for ten years. If the seat of a Senator so elected shall become vacant, the Provincial Council of the Province for which such Senator has been elected shall choose a person to hold the seat until the completion of the period for which the person in whose stead he is elected would have held his seat. 25. Parliament may provide for the manner in which the Senate shall be constituted after the expiration of ten years, and unless and until such provision shall have been made — (i) The provisions of the last preceding section with re- gard to nominated Senators shall continue to have effect ; (ii) Eight Senators for each Province shall be elected by the members of the Provincial Council of such Province together with the members of the House of Assembly elected for such Province. Such Senators shall hold their seats for ten years unless the Senate be sooner dissolved. If the seat of an elected Senator shall become vacant, the members of the Provincial Council of the Province, together with the members of the House of Assembly elected for such Province, shall 256 AUTONOMY AND FEDERATION WITHIN EMPIRE choose a person to hold the seat until the completion of the period for which the person in whose stead he is elected would have held his seat. The Governor Gen- eral in Council shall make regulations for the joint election of Senators prescribed in this section. 26. The qualifications of a Senator shall be as follows: — He must — (a) be not less than thirty years of age; (b) be qualified to be registered as a voter for the election of members of the House of Assembly in one of the Provinces ; (c) have resided for five years within the limits of the Union as existing at the time when he is elected or nominated, as the case may be; (d) be a British subject of European descent; (e) in the case of an elected Senator, be the registered owner of immovable property within the Union of the value of not less than five hundred pounds over and above any special mortgages thereon. For the purposes of this section, residence in, and property situated within, a Colony before its incorporation in the Union shall be treated as residence in and property situated within the Union. 27. The Senate shall, before proceeding to the dispatch of any other business, choose a Senator to be the President of the Senate, and as often as the office of President becomes vacant the Senate shall again choose a Senator to be the President. The President shall cease to hold office if he ceases to be a Senator. He may be removed from office by a vote of the Senate, or he may resign his office by writing under his hand addressed to the Governor General. 28. Prior to or during any absence of the President SOUTH AFRICA 257 the Senate may choose a Senator to perform his duties in his absence. 29. A Senator may, by writing under his hand ad- dressed to the Governor General, resign his seat, which thereupon shall become vacant. The Governor General shall as soon as practicable cause steps to be taken to have the vacancy filled. 30. The presence of at least twelve Senators shall be necessary to constitute a meeting of the Senate for the exercise of its powers. 31. All questions in the Senate shall be determined by a majority of votes of Senators present other than the President or the presiding Senator, who shall, however, have and exercise a casting vote in the case of an equality of votes. House of Assembly 32. The House of Assembly shall be composed of members directly chosen by the voters of the Union in electoral divisions delimited as hereinafter provided. 33. The number of members to be elected in the Origi- nal Provinces at the first election and until the number is altered in accordance with the provisions of this Act shall be as follows: — Cape of Good Hope Fifty-one; Natal Seventeen ; Transvaal Thirty-six; Orange Free State Seventeen. These numbers may be increased as provided in the next succeeding section, but shall not, in the case of any Origi- nal Province, be diminished until the total number of members of the House of Assembly in respect of the Provinces herein provided for reaches one hundred and 258 AUTONOMY AND FEDERATION WITHIN EMPIRE fifty, or until a period of ten years has elapsed after the establishment of the Union, whichever is the longer period. 34. The number of members to be elected in each Prov- ince, as provided in section thirty-three, shall be increased from time to time as may be necessary in accordance with the following provisions: (i) The quota of the union shall be obtained by dividing the total number of European male adults in the Union, as ascertained at the census of nineteen hun- dred and four, by the total number of members of the House of Assembly as constituted at the estab- lishment of the Union: (ii) In nineteen hundred and eleven, and every five years thereafter, a census of the European population of the Union shall be taken for the purposes of this Act: (iii) After any such census the number of European male adults in each Province shall be compared with the number of European male adults as ascertained at the census of nineteen hundred and four, and, in the case of any Province where an increase is shown, as compared with the census of nineteen hundred and four, equal to the quota of the Union or any multiple thereof, the number of members allotted to such Province in the last preceding section shall be in- creased by an additional member or an additional number of members equal to such multiple, as the case may be: (iv) Notwithstanding anything herein contained, no ad- ditional member shall be allotted to any province until the total number of European male adults in such Province exceeds the quota of the Union multiplied SOUTH AFRICA 259 by the number of members allotted to such Province for the time being, and thereupon additional members shall be allotted to such Province in respect only of such excess: (v) As soon as the number of members of the House of Assembly to be elected in the Original Provinces in accordance with the preceding subsections reaches the total of one hundred and fifty, such total shall not be further increased unless and until Parliament other- wise provides; and subject to the provisions of the last preceding section the distribution of members among the Provinces shall be such that the proportion be- tween the number of members to be elected at any time in each Province and the number of European male adults in such Province, as ascertained at the last preceding census, shall as far as possible be identical throughout the Union: (vi) " Male adults " in this Act shall be taken to mean males of twenty-one years of age or upwards not being members of His Majesty's regular forces on full pay: (vii) For the purposes of this Act the number of Euro- pean male adults, as ascertained at the census of nine- teen hundred and four, shall be taken to be — For the Cape of Good Hope 167,546 For Natal 34,784 For the Transvaal 106,493 For the Orange Free State 41,014 35. — (1) Parliament may by law prescribe the qualifica- tions which shall be necessary to entitle persons to vote at the election of members of the House of Assembly, but no such law shall disqualify any person in the province of the Cape of Good Hope who, under the laws existing 260 AUTONOMY AND FEDERATION WITHIN EMPIRE in the Colony of the Cape of Good Hope at the establish- ment of the Union, is or may become capable of being reg- istered as a voter from being so registered in the Province of the Cape of Good Hope by reason of his race or color only, unless the bill be passed by both Houses of Parlia- ment sitting together, and at the third reading be agreed to by not less than two-thirds of the total number of members of both Houses. A bill so passed at such joint sitting shall be taken to have been duly passed by both Houses of Parliament. (2) No person who at the passing of any such law is registered as a voter in any Province shall be removed from the register by reason only of any disqualification based on race or color. 36. Subject to the provisions of the last preceding section, the qualifications of parliamentary voters, as ex- isting in the several Colonies at the establishment of the Union, shall be the qualifications necessary to entitle per- sons in the corresponding Provinces to vote for the election of members of the House of Assembly: Provided that no member of His Majesty's regular forces on full pay shall be entitled to be registered as a voter. 37. — (1) Subject to the provisions of this Act, the laws in force in the Colonies at the establishment of the Union relating to elections for the more numerous Houses of Par- liament in such Colonies respectively, the registration of voters, the oaths or declarations to be taken by voters, re- turning officers, the powers and duties of such officers, the proceedings in connection with elections, election expenses, corrupt and illegal practices, the hearing of election pe- titions and the proceedings incident thereto, the vacating of seats of members, and the proceedings necessary for filling such vacancies, shall, mutatis mutandis, apply to the SOUTH AFRICA 261 elections in the respective Provinces of members of the House of Assembly. (2) Notwithstanding anything to the contrary in any of the said laws contained, at any general election of mem- bers of the House of Assembly, all polls shall be taken on one and the same day in all the electoral divisions through- out the Union, such day to be appointed by the Governor General in Council. 38. Between the date of the passing of this Act and the date fixed for the establishment of the Union, the Governor in Council of each of the Colonies shall nom- inate a judge of any of the Supreme or High Courts of the Colonies, and the judges so nominated shall, upon acceptance by them respectively of such nomination, form a joint commission, without any further appointment, for the purpose of the first division of the Provinces into elec- toral divisions. The High Commissioner for South Africa shall forthwith convene a meeting of such commission at such time and place in one of the Colonies as he shall fix and determine. At such meeting the Commissioners shall elect one of their number as chairman of such commission. They shall thereupon proceed with the discharge of their duties under this Act, and may appoint persons in any Province to assist them or to act as assessors to the com- mission or with individual members thereof for the purpose of inquiring into matters connected with the duties of the commission. The commisson may regulate their own pro- cedure and may act by a majority of their number. All moneys required for the payment of the expenses of such commission before the establishment of the Union in any of the Colonies shall be provided by the Governor in Coun- cil of such Colony. In case of death, resignation, or other disabilitv of anv of the Commissioners before the 262 AUTONOMY AND FEDERATION WITHIN EMPIRE establishment of the Union, the Governor in Council of the Colony in respect of which he was nominated shall forthwith nominate another judge to fill the vacancy. After the establishment of the Union the expenses of the commission shall be defrayed by the Governor General in Council, and any vacancies shall be filled by him. 39. The commission shall divide each Province into elec- toral divisions, each returning one member. 40. — :(1) For the purpose of such division as is in the last preceding section mentioned, the quota of each Prov- ince shall be obtained by dividing the total number of voters in the Province, as ascertained at the last registration of voters, by the number of members of the House of Assembly to be elected therein. (2) Each Province shall be divided into electoral divisions in such a manner that each such division shall, subject to the provisions of subsection (3) of this section, contain a number of voters, as nearly as may be, equal to the quota of the Province. (3) The Commissioners shall give due consideration to — (a) community or diversity of interests; (b) means of communication; (c) physical features; (d) existing electoral boundaries; (e) sparsity or density of population; in such manner that, while taking the quota of voters as the basis of division, the Commissioners may, whenever they deem it necessary, depart therefrom, but in no case to any greater extent than fifteen per centum more or fifteen per centum less than the quota. 41. As soon as may be after every quinquennial census, the Governor General in Council shall appoint a commis- sion consisting of three judges of the Supreme Court of SOUTH AFRICA 263 South Africa to carry out any redivision which may have become necessary as between the different electoral di- visions in each Province, and to provide for the allocation of the number of members to which such Province may have become entitled under the provisions of this Act. In carrying out such redivision and allocation the commis- sion shall have the same powers and proceed upon the same principles as are by this Act provided in regard to the original division. 42. — (1) The joint commission constituted under section thirty-eight, and any subsequent commission appointed un- der the provisions of the last preceding section, shall submit to the Governor General in Council — (a) a list of electoral divisions, with the names given to them by the commission and a description of the boundaries of every such division: (b) a map or maps showing the electoral divisions into which the Provinces have been divided: (c) such further particulars as they consider neces- sary. (2) The Governor General in Council may refer to the commission for its consideration any matter relating to such list or arising out of the powers or duties of the com- mission. (3) The Governor General in Council shall proclaim the names and boundaries of the electoral divisions as finally settled and certified by the commission, or a ma- jority thereof, and thereafter, until there shall be a re- division, the electoral divisions as named and defined shall be the electoral divisions of the Union in the Provinces. (4) If any discrepancy shall arise between the descrip- tion of the divisions and the aforesaid map or maps, the description shall prevail. 264 AUTONOMY AND FEDERATION WITHIN EMPIRE 43. Any alteration in the number of members of the House of Assembly to be elected in the several Provinces, and any redivision of the Provinces into electoral divisions, shall, in respect of the election of members of the House of Assembly, come into operation at the next general elec- tion held after the completion of the redivision or of any allocation consequent upon such alteration, and not earlier. 44. The qualifications of a member of the House of Assembly shall be as follows: He must — (a) be qualified to be registered as a voter for the election of members of the House of Assembly in one of the provinces; (b) have resided for five years within the limits of the Union as existing at the time when he is elected ; (c) be a British subject of European descent. For the purposes of this section, residence in a Colony before its incorporation in the Union shall be treated as residence in the Union. 45. Every House of Assembly shall continue for five years from the first meeting thereof, and no longer, but may be sooner dissolved by the Governor General. 46. The House of Assembly shall, before proceeding to the despatch of any other business, choose a member to be the Speaker of the House, and, as often as the office of Speaker becomes vacant, the House shall again choose a member to be the Speaker. The Speaker shall cease to hold his office if he ceases to be a member. He may be removed from office by a vote of the House, or he may resign his office or his seat by writing under his hand addressed to the Governor General. 47. Prior to or during the absence of the Speaker, the SOUTH AFRICA 265 House of Assembly may choose a member to perform his duties in his absence. 48. A member may, by writing under his hand ad- dressed to the Speaker, or, if there is no Speaker, or if the Speaker is absent from the Union, to the Governor- General, resign his seat, which shall thereupon become vacant. 49. The presence of at least thirty members of the House of Assembly shall be necessary to constitute a meeting of the House for the exercise of its powers. 50. All questions in the House of Assembly shall be determined by a majority of votes of members present other than the Speaker or the presiding member, who shall, however, have and exercise a casting vote in the case of an equality of votes. Both Houses of Parliament 51. Every Senator and every member of the House of Assembly shall, before taking his seat, make and subscribe before the Governor General, or some person authorized by him, an oath or affirmation of allegiance in the following form: OATH I, A. B., do swear that I will be faithful and bear true allegiance to His Majesty [here insert the name of the King or Queen of the United Kingdom of Great Britain and Ireland for the time being'] His [or Her] heirs and successors according to law. So help me God. AFFIRMATION I, A. B., do solemnly and sincerely affirm and declare that I will be faithful and bear true allegiance to 266 AUTONOMY AND FEDERATION WITHIN EMPIRE His Majesty [here insert the name of the King or Queen of the United Kingdom of Great Britain and Ireland for the: time being'] His [or Her~\ heirs and successors according to law. 52. A member of either House of Parliament shall be incapable of being chosen or of sitting as a member of the other House: Provided that every minister of State who is a member of either House of Parliament shall have the right to sit and speak in the Senate and the House of Assembly, but shall vote only in the House of which he is a member. 53. No person shall be capable of being chosen or of sitting as a Senator or as a member of the House of As- sembly who — (a) has been at any time convicted of any crime or offence for which he shall have been sentenced to imprisonment without the option of a fine for a term of not less than twelve months, unless he shall have received a grant of amnesty or a free pardon, or unless such imprisonment shall have expired at least five years before the date of his election; or (b) is an unrehabilitated insolvent; or (c) is of unsound mind, and has been so declared by a competent court: or (d) holds any office of profit under the Crown within the Union: Provided that the following persons shall not be deemed to hold an office of profit under the Crown for the purposes of this subsection: (1) a minister of State for the Union; (2) a person in receipt of a pension from the Crown ; SOUTH AFRICA 267 (3) an officer or member of His Majesty's naval or military forces on retired or half pay, or an officer or member of the naval or military forces of the Union whose services are not wholly employed by the Union. 54. If a Senator, or member of the House of Assem- bly- (a) becomes subject to any of the disabilities men- tioned in the last preceding section; or (b) ceases to be qualified as required by law; or (c) fails for a whole ordinary session to attend with- out the special leave of the Senate or the House of Assembly, as the case may be; his seat shall thereupon become vacant. 55. If any person who is by law incapable of sitting as a Senator or member of the House of Assembly shall, while so disqualified and knowing or having reasonable grounds for knowing that he is so disqualified, sit or vote as a member of the Senate or House of Assembly, he shall be liable to a penalty of one hundred pounds for each day on which he shall so sit or vote, to be recovered on behalf of the Treasury of the Union by action in any Superior Court of the Union. 56. Each Senator and each member of the House of Assembly shall, under such rules as shall be framed by Parliament, receive an allowance of four hundred pounds a year, to be reckoned from the date on which he takes his seat: Provided that for every day of the session on which he is absent there shall be deducted from such allowance the sum of three pounds: Provided further that no such allowance shall be paid to a Minister receiving a salary under the Crown or to the President of the Senate 268 AUTONOMY AND FEDERATION WITHIN EMPIRE or the Speaker of the House of Assembly. A day of the session shall mean in respect of a member any day during a session on which the House of which he is a member or any committee of which he is a member meets. 57. The powers, privileges, and immunities of the Sen- ate and of the House of Assembly and of the members and committees of each House shall, subject to the pro- visions of this Act, be such as are declared by Parliament, and until declared shall be those of the House of Assembly of the Cape of Good Hope and of its members and com- mittees at the establishment of the Union. 58. Each House of Parliament may make rules and orders with respect to the order and conduct of its business and proceedings. Until such rules and orders shall have been made the rules and orders of the Legislative Council and House of Assembly of the Cape of Good Hope at the establishment of the Union shall mutatis mutandis apply to the Senate and House of Assembly respectively. If a joint sitting of both Houses of Parliament is required under the provisions of this Act, it shall be convened by the Governor General by message to both Houses. At any such joint sitting the Speaker of the House of As- sembly shall preside and the rules of the House of Assem- bly shall, as far as practicable, apply. Powers of Parliament 59. Parliament shall have full power to make laws for the peace, order, and good government of the Union. 60. — (1) Bills appropriating revenue or moneys or im- posing taxation shall originate only in the House of As- sembly. But a bill shall not be taken to appropriate SOUTH AFRICA 269 revenue or moneys or to impose taxation by reason only of its containing provisions for the imposition or appropri- ation of fines or other pecuniary penalties. (2) The Senate may not amend any bills so far as they impose taxation or appropriate revenue or moneys for the services of the Government. (3) The Senate may not amend any bill so as to in- crease any proposed charges or burden on the people. 61. Any bill which appropriates revenue or moneys for the ordinary annual services of the Government shall deal only with such appropriation. 62. The House of Assembly shall not originate or pass any vote, resolution, address, or bill for the appropriation of any part of the public revenue or of any tax or impost to any purpose unless such appropriation has been recom- mended by message from the Governor General during the session in which such vote, resolution, address, or bill is proposed. 63. If the House of Assembly passes any bill and the Senate rejects or fails to pass it or passes it with amend- ments to which the House of Assembly will not agree, and if the House of Assembly in the next session again passes the bill with or without any amendments which have been made or agreed to by the Senate and the Senate rejects or fails to pass it or passes it with amendments to which the House of Assembly will not agree, the Governor General may during that session convene a joint sitting of the members of the Senate and House of Assembly. The members present at any such joint sitting may de- liberate and shall vote together upon the bill as last proposed by the House of Assembly and upon amend- ments, if any, which have been made therein by one House of Parliament and not agreed to by the other; and such 270 AUTONOMY AND FEDERATION WITHIN EMPIRE amendments which are affirmed by a majority of the total number of members of the Senate and House of Assembly present at such sitting shall be taken to have been carried, and if the bill with the amendments, if any, is affirmed by a majority of the members of the Senate and House of Assembly present at such sitting, it shall be taken to have been duly passed by both Houses of Parliament: Provided that, if the Senate shall reject or fail to pass any bill dealing with the appropriation of revenue or moneys for the public service, such joint sitting may be convened dur- ing the same session in which the Senate so rejects or fails to pass such bill. 64. When a bill is presented to the Governor General for the King's assent, he shall declare according to his discretion, but subject to the provisions of this Act, and to such instructions as may from time to time be given in that behalf of the King, that he assents in the King's name, or that he withholds assent, or that he reserves the bill for the signification of the King's pleasure. All bills repealing or amending this section or any of the provisions of Chapter IV. under the heading "House of Assembly", and all bills abolishing provincial councils or abridging the powers conferred on provincial councils under section eighty-five, otherwise than in accordance with the pro- visions of that section shall be so reserved. The Governor General may return to the House in which it originated any bill so presented to him, and may transmit therewith any amendments which he may recommend, and the House may deal with the recommendation. 65. The King may disallow any law within one year after it has been assented to by the Governor General, and such disallowance, on being made known by the Governor General by speech or message to each of the Houses of SOUTH AFRICA 271 Parliament or by proclamation, shall annul the law from the day when the disallowance is so made known. 66. A bill reserved for the King's pleasure shall not have any force unless and until, within one year from the day on which it was presented to the Governor General for the King's assent, the Governor General makes known by speech or message to each of the Houses of Parliament or by proclamation that it has received the King's assent. 67. As soon as may be after any law shall have been assented to in the King's name by the Governor General, or having been reserved for the King's pleasure shall have received his assent, the Clerk of the House of Assembly shall cause two fair copies of such law, one being in the English and the other in the Dutch language (one of which copies shall be signed by the Governor General), to be enrolled of record in the office of the registrar of the Appellate Division of the Supreme Court of South Africa; and such copies shall be conclusive evidence as to the pro- visions of every such law, and in case of conflict between the two copies thus deposited that signed by the Governor General shall prevail. V. — The Provinces Administrators 68. — (1) In each Province there shall be a chief execu- tive officer appointed by the Governor General in Council, who shall be styled the administrator of the Province, and in whose name all executive acts relating to provincial affairs therein shall be done. (2) In the appointment of the administrator of any Province, the Governor General in Council shall, as far as 272 AUTONOMY AND FEDERATION WITHIN EMPIRE practicable, give preference to persons resident in such Province. (3) Such administrator shall hold office for a term of five years and shall not be removed before the expiration thereof except by the Governor General in Council for cause assigned, which shall be communicated by message to both Houses of Parliament within one week after the removal, if Parliament be then sitting, or, if Parliament be not sitting, then within one week after the commence- ment of the next ensuing session. (4) The Governor General in Council may from time to time appoint a deputy administrator to execute the office an functions of the administrator during his absence, illness or other inability. 69. The salaries of the administrators shall be fixed and provided by Parliament, and shall not be reduced during their respective terms of office. Provincial Councils 70. — (1) There shall be a Provincial Council in each Province consisting of the same number of members as are elected in the Province for the House of Assembly; Pro- vided that, in any province whose representatives in the House of Assembly shall be less than twenty-five in num- ber, the Provincial Council shall consist of twenty-five members. (2) Any person qualified to vote for the election of members of the Provincial Council shall be qualified to be a member of such Council. 71. — (1) The members of the Provincial Council shall be elected by the persons qualified to vote for the election of members of the House of Assembly in the Province SOUTH AFRICA s73 voting in the same electoral divisions as are delimited for the election of members of the House of Assembly: Pro- vided that, in any Province in which less than twenty-five members are elected to the House of Assembly, the de- limitation of the electoral divisions, and any necessary reallocation of members or adjustment of electoral di- visions, shall be effected by the same commission and on the same principles as are prescribed in regard to the elec- toral divisions for the House of Assembly. (2) Any alteration in the number of members of the Provincial Council, and any redivision of the Province into electoral divisions, shall come into operation at the next general election for such Council held after the completion of such redivision, or of any allocation consequent upon such alteration, and not earlier. (3) The election shall take place at such times as the administrator shall by proclamation direct, and the pro- visions of section thirty-seven applicable to the election of members of the House of Assembly shall mutatis mutandis apply to such election. 72. The provisions of sections fifty-three, fifty-four, and fifty-five, relative to members of the House of Assembly shall mutatis mutandis apply to members of the Provincial Councils : Provided that any member of a Provincial Coun- cil who shall become a member of either House of Parlia- ment shall thereupon cease to be a member of such Pro- vincial council. 73. Each Provincial Council shall continue for three years from the date of its first meeting, and shall not be subject to dissolution save by effluxion of time. 74. The administrator of each Province shall by procla- mation fix such times for holding the sessions of the Pro- vincial Council as he may think fit, and may from time to 274 AUTONOMY AND FEDERATION WITHIN EMPIRE time prorogue such Council: Provided that there shall be a session of every Provincial Council once at least in every year, so that a period of twelve months shall not intervene between the last sitting of the Council in one session and its first sitting in the next session. 75. The Provincial Council shall elect from among its members a chairman, and may make rules for the conduct of its proceedings. Such rules shall be transmitted by the administrator to the Governor General, and shall have full force and effect unless and until the Governor General in Council shall express his disapproval thereof in writing addressed to the administrator. 76. The members of the Provincial Council shall receive such allowances as shall be determined by the Governor General in Council. 77. There shall be freedom of speech in the Provincial Council, and no member shall be liable to any action or proceeding in any court by reason of his speech or vote in such Council. Executive Committees 78. — (1) Each Provincial Council shall at its first meet- ing after any general election elect from among its mem- bers, or otherwise, four persons to form with the admin- istrator, who shall be chairman, an Executive Committee for the Province. The members of the Executive Committee other than the administrator shall hold office until the election of their successors in the same manner. (2) Such members shall receive such remuneration as the Provincial Council, with the approval of the Governor General in Council, shall determine. (3) A member of the Provincial Council shall not be disqualified from sitting as a member by reason of his SOUTH AFRICA 275 having been elected as a member of the Executive Com- mittee. (4) Any casual vacancy arising in the Executive Com- mittee shall be filled by election by the Provincial Council if then in session or, if the Council is not in session, by a person appointed by the Executive Committee to hold office temporarily pending an election by the Council. 79. The administrator and any other member of the Executive Committee of a Province, not being a member of the Provincial Council, shall have the right to take part in the proceedings of the Council, but shall not have the right to vote. 80. The Executive Committee shall on behalf of the Provincial Council carry on the administration of provincial affairs. Until the first election of members to serve on the Executive Committee, such administration shall be carried on by the administrator. Whenever there are not suf- ficient members of the Executive Committee to form a quorum according to the rules of the Committee, the ad- ministrator shall, as soon as practicable, convene a meeting of the Provincial Council for the purpose of electing mem- bers to fill the vacancies, and until such election the ad- ministrator shall carry on the administration of provincial affairs. 81. Subject to the provisions of this Act, all powers, authorities, and functions which at the establishment of the Union are in any of the Colonies vested in or exercised by the Governor or the Governor in Council, or any minister of the Colony, shall after such establishment be vested in the Executive Committee of the Province so far as such powers, authorities, and functions relate to matters in re- spect of which the Provincial Council is competent to make ordinances. 276 AUTONOMY AND FEDERATION WITHIN EMPIRE 82. Questions arising in the Executive Committee shall be determined by a majority of votes of the members present, and, in case of an equality of votes, the admin- istrator shall have also a casting vote. Subject to the approval of the Governor General in Council, the Execu- tive Committee may make rules for the conduct of its proceedings. 83. Subject to the provisions of any law passed by Parliament regulating the conditions of appointment, ten- ure of office, retirement and superannuation of public offi- cers, the Executive Committee shall have power to appoint such officers as may be necessary, in addition to officers assigned to the Province by the Governor General in Coun- cil under the provisions of this Act, to carry out the services entrusted to them and to make and enforce regu- lations for the organization and discipline of such officers. 84. In regard to all matters in respect of which no powers are reserved or delegated to the Provincial Council, the administrator shall act on behalf of the Governor General in Council when required to do so, and in such matters the administrator may act without reference to the other members of the Executive Committee. Powers of Provincial Councils 85. Subject to the provisions of this Act and the assent of the Governor General in Council as hereinafter pro- vided, the Provincial Council may make ordinances in re- lation to matters coming within the following classes of subjects (that is to say) : (i) Direct taxation within the Province in order to raise Council and in accordance with regulations to be framed by Parliament. (ii) The borrowing of money on the sole credit of the SOUTH AFRICA 277 Province with the consent of the Governor General in a revenue for Provincial purposes. (iii) Education, other than higher education, for a period of five years and thereafter until Parliament otherwise provides : (iv) Agriculture to the extent and subject to the con- ditions to be defined by Parliament: (v) The establishment, maintenance, and management of hospitals and charitable institutions: (vi) Municipal institutions, divisional councils, and other local institutions of a similar nature: (vii) Local works and undertakings within the Province, other than railways and harbors and other than such works as extend beyond the borders of the Province, and subject to the power of Parliament to declare any work a national work and to provide for its construc- tion by arrangement with the Provincial Council or otherwise : (viii) Roads, outspans, ponts, and bridges, other than bridges connecting two Provinces: (ix) Markets and pounds: (x) Fish and game preservation: (xi) The imposition of punishment by fine, penalty, or imprisonment for enforcing any law or any ordinance of the Province made in relation to any matter coming within any of the classes of subjects enumerated in this section: (xii) Generally all matters which, in the opinion of the Governor General in Council, are of a merely local or private nature in the Province: (xiii) All other subjects in respect of which Parliament shall by any law delegate the power of making ordin- ances to the Provincial Council. 86. Any ordinance made by a Provincial Council shall 278 AUTONOMY AND FEDERATION WITHIN EMPIRE have effect in and for the Province as long and as far only as it is not repugnant to any Act of Parliament. 87. A Provincial Council may recommend to Parliament the passing of any law relating to any matter in respect of which such Council is not competent to make ordinances. 88. In regard to any matter which requires to be dealt with by means of a private Act of Parliament, the Pro- vincial Council of the Province to which the matter relates may, subject to such procedure as shall be laid down by Parliament, take evidence by means of a select committee or otherwise for and against the passing of such law, and, upon receipt of a report from such Council, together with the evidence upon which it is founded, Parliament may pass such Act without further evidence being taken in support thereof. 89. A provincial revenue fund shall be formed in every Province, into which shall be paid all revenues raised by or accruing to the Provincial Council and all moneys paid over by the Governor General in Council to the Provincial Council. Such fund shall be appropriated by the Provincial Council by ordinance for the purposes of the provincial administration generally, or, in the case of moneys paid over by the Governor General in Council for particular purposes, then for such purpose, but no such ordinance shall be passed by the Provincial Council unless the ad- ministrator shall have first recommended to the Council to make provision for the specific service for which the appropriation is to be made. No money shall be. issued from the provincial revenue fund except in accordance with such appropriation and under warrant signed by the administrator: Provided that, until the expiration of one month after the first meeting of the Provincial Council, SOUTH AFRICA 279 the administrator may expend such moneys as may be necessary for the services of the Province. 90. When a proposed ordinance has been passed by a Provincial Council it shall be presented by the administrator to the Governor General in Council for his assent. The Governor General in Council shall declare within one month from the presentation to him of the proposed ordin- ance that he assents thereto, or that he withholds assent, or that he reserves the proposed ordinance for further con- sideration. A proposed ordinance so reserved shall not have any force unless and until, within one year from the day on which it was presented to the Governor General in Council, he makes known by proclamation that it has re- ceived his assent. 91. An ordinance assented to by the Governor General in Council and promulgated by the administrator shall, subject to the provisions of this Act, have the force of law within the Province. The administrator shall cause two fair copies of every such ordinance, one being in the Eng- lish and the other in the Dutch language (one of which copies shall be signed by the Governor General), to be enrolled of record in the office of the registrar of the Appellate Division of the Supreme Court of South Africa; and such copies shall be conclusive evidence as to the provisions of such ordinance, and, in case of conflict be- tween the two copies thus deposited, that signed by the Governor General shall prevail. Miscellaneous 92. — (1) In each Province there shall be an auditor of accounts to be appointed by the Governor General in Council. 280 AUTONOMY AND FEDERATION WITHIN EMPIRE (2) No such auditor shall be removed from office except by the Governor General in Council for cause assigned, which shall be communicated by message to both Houses of Parliament within one week after the removal, if Par- liament be then sitting, and, if Parliament be not sitting, then within one week after the commencement of the next ensuing session. (3) Each such auditor shall receive out of the Con- solidated Revenue Fund such salary as the Governor General in Council, with the approval of Parliament, shall determine. (4) Each such auditor shall examine and audit the accounts of the Province to which he is assigned subject to such regulations and orders as may be framed by the Governor General in Council and approved by Parliament, and no warrant signed by the administrator authorizing the issuing of money shall have effect unless countersigned by such auditor. 93. Notwithstanding anything in this Act contained, all powers, authorities, and functions lawfully exercised at the establishment of the Union by divisional or municipal councils, or any other duly constituted local authority, shall be and remain in force until varied or withdrawn by Par- liament or by a Provincial Council having power in that behalf. 94. The seats of provincial government shall be — For the Cape of Good Hope . . Cape Town. For Natal Pietermaritzburg. For the Transvaal Pretoria. For the Orange Free State. . .Bloemfontein SOUTH AFRICA 281 VI. — The Supreme Court of South Africa 95. There shall be a Supreme Court of South Africa consisting of a Chief Justice of South Africa, the ordinary judges of appeal, and the other judges of the several divisions of the Supreme Court of South Africa in the provinces. 96. There shall be an Appellate Division of the Su- preme Court of South Africa, consisting of the Chief Justice of South Africa, two ordinary judges of appeal, and two additional judges of appeal. Such additional judges of appeal shall be assigned by the Governor Gen- eral in Council to the Appellate Division from any of the provincial or local divisions of the Supreme Court of South Africa, but shall continue to perform their duties as judges of their respective divisions when their attend- ance is not required in the Appellate Division. 97. The Governor General in Council may, during the absence, illness, or other incapacity of the Chief Justice of South Africa, or of any ordinary or additional judge of appeal, appoint any other judge of the Supreme Court of South Africa to act temporarily as such Chief Justice, ordinary judge of appeal, or additional judge of appeal, as the case may be. 98. — (1) The several supreme courts of the Cape of Good Hope, Natal, and the Transvaal, and the High Court of the Orange River Colony shall, on the establish- ment of the Union, become provincial divisions of the Supreme Court of South Africa within their respective provinces, and shall each be presided over by a judge- president. (2) The court of the eastern districts of the Cape of Good Hope, the High Court of Griqualand, the High 282 AUTONOMY AND FEDERATION WITHIN EMPIRE Court of Witwatersrand, and the several circuit courts, shall become local divisions of the Supreme Court of South Africa within the respective areas of their jurisdiction as existing at the establishment of the Union. (3) The said provincial and local divisions, referred to in this Act as superior courts, shall, in addition to any original jurisdiction exercised by the corresponding courts of the Colonies at the establishment of the Union, have jurisdiction in all matters — (a) in which the Government of the Union or a person suing or being sued on behalf of such Government is a party: (b) in which the validity of any provincial ordinance shall come into question. (4) Unless and until Parliament shall otherwise pro- vide, the said superior courts shall mutatis mutandis have the same jurisdiction in matters affecting the validity of elections of members of the House of Assembly and Pro- vincial Councils as the corresponding courts of the Colonies have at the establishment of the Union in regard to parlia- mentary elections in such Colonies respectively. 99. All judges of the supreme courts of the Colonies, including the High Court of the Orange River Colony, holding office at the establishment of the Union shall on such establishment become judges of the Supreme Court of South Africa, assigned to the divisions of the supreme court in the respective Provinces, and shall retain all such rights in regard to salaries and pensions as they may pos- sess at the establishment of the Union. The Chief Justices of the Colonies holding office at the establishment of the Union shall on such establishment become the Judges- President of the divisions of the supreme court in the respective Provinces, but shall so long as they hold that SOUTH AFRICA 283 office retain the title of Chief Justice of their respective Provinces. 100. The Chief Justice of South Africa, the ordinary judges of appeal, and all other judges of the Supreme Court of South Africa to be appointed after the establish- ment of the Union, shall be appointed by the Governor General in Council, and shall receive such remuneration as Parliament shall prescribe, and their remuneration shall not be diminished during their continuance in office. 101. The Chief Justice of South Africa and other judges of the Supreme Court of South Africa shall not be removed from office except by the Governor-General in Council on an address from both Houses of Parliament in the same session praying for such removal on the ground of misbehavior or incapacity. 102. Upon any vacancy occurring in any division of the Supreme Court of South Africa, other than the Appellate Division, the Governor General in Council may, in case he shall consider that the number of judges of such court may with advantage to the public interest be reduced, postpone filling the vacancy until Parliament shall have determined whether such reduction shall take place. 103. In every civil case in which, according to the law in force at the establishment of the Union, an appeal might have been made to the supreme court of any of the Colonies from a superior court in any of the Colonies, or from the High Court of Southern Rhodesia, the appeal shall be made only to the Appellate Division, except in cases of orders or judgments given by a single judge, upon applications by way of motion or petition or on summons for provisional sentence or judgments as to costs only, which by law are left to the discretion of the court. The appeal from any such orders or judgments, as well as 284 AUTONOMY AND FEDERATION WITHIN EMPIRE any appeal in criminal cases from any such superior court, or the special reference by any such court of any point of law in a criminal case, shall be made to the provincial division corresponding to the court which before the estab- lishment of the Union would have had jurisdiction in the matter. There shall be no further appeal against any judgment given on appeal by such provincial division except to the Appellate Division, and then only if the Appellate Division shall have given special leave to appeal. 104. In every case, civil or criminal, in which at the establishment of the Union an appeal might have been made from the supreme court of any of the Colonies or from the High Court of the Orange River Colony to the King in Council, the appeal shall be made only to the Appellate Division: Provided that the right of appeal in any civil suit shall not be limited by reason only of the value of the matter in dispute or the amount claimed or awarded in such suit. 105. In every case, civil or criminal, in which at the establishment of the Union an appeal might have been made from a court of resident magistrate or other inferior court to a superior court in any of the Colonies, the appeal shall be made to the corresponding division of the Supreme Court of South Africa; but there shall be no further appeal against any judgment given on appeal by such division except to the Appellate Division, and then only if the Appellate Division shall have given special leave to appeal. 106. There shall be no appeal from the Supreme Court of South Africa or from any division thereof to the King in Council, but nothing herein contained shall be construed to impair any right which the King in Council may be pleased to exercise to grant special leave to appeal from SOUTH AFRICA 285 the Appellate Division to the King in Council. Parlia- ment may make laws limiting the matters in respect of which such special leave may be asked, but bills containing any such limitation shall be reserved by the Governor General for the signification of His Majesty's pleasure: Provided that nothing in this section shall affect any right of appeal to His Majesty in Council from any judgment given by the Appellate Division of the Supreme Court under or in virtue of the Colonial Courts of Admiralty Act, 1890. 107. The Chief Justice of South Africa and the ordi- nary judges of appeal may, subject to the approval of the Governor General in Council, make rules for the conduct of the proceedings of the Appellate Division and pre- scribing the time and manner of making appeals thereto. Until such rules have been promulgated, the rules in force in the Supreme Court of the Cape of Good Hope at the establishment of the Union shall mutatis mutandis apply. 108. The Chief Justice and other judges of the Su- preme Court of South Africa may, subject to the approval of the Governor General in Council, frame rules for the conduct of the proceedings of the several provincial and local divisions. Until such rules shall have been promul- gated, the rules in force at the establishment of the Union in the respective courts which become divisions of the Su- preme Court of South Africa shall continue to apply therein. 109. The Appellate Division shall sit in Bloemfontein, but may from time to time for the convenience of suitors hold its sittings at other places within the Union. 110. On the hearing of appeals from a court consisting of two or more judges, five judges of the Appellate Di- vision shall form a quorum, but, on the hearing of appeals 286 AUTONOMY AND FEDERATION WITHIN EMPIRE from a single judge, three judges of the Appellate Di- vision shall form a quorum. No judge shall take part in the hearing of any appeal against the judgment given in a case heard before him. 111. The process of the Appellate Division shall run throughout the Union, and all its judgments or orders shall have full force and effect in every province, and shall be executed in like manner as if they were original judgments or orders of the provincial division of the Su- preme Court of South Africa in such a province. 112. The registrar of every provincial division of the Supreme Court of South Africa, if thereto requested by any party in whose favor any judgment or order has been given or made by any other division, shall, upon the de- posit with him of an authenticated copy of said judgment or order and on proof that the same remains unsatisfied, issue a writ or other process for the execution of such judgment or order, and thereupon such writ or other process shall be executed in like manner as if it had been originally issued from the division of which he is registrar. 113. Any provincial or local division of the Supreme Court of South Africa to which it may be made to appear that any civil suit pending therein may be more conven- iently or fitly heard or determined in another division may order the same to be removed to such other division, and thereupon such last-mentioned division may proceed with such suit in like manner as if it had been originally com- menced therein. 114. The Governor General in Council may appoint a registrar of the Appellate Division and such other officers thereof as shall be required for the proper dispatch of the business thereof. 115. — (1) The laws regulating the admission of advo- SOUTH AFRICA 287 cates and attorneys to practise before any superior court of any of the Colonies shall mutatis mutandis apply to the admission of advocates and attorneys to practise in the corresponding division of the Supreme Court of South Africa. (2) All advocates and attorneys entitled at the estab- lishment of the Union to practise in any superior court of any of the Colonies shall be entitled to practise as such in the corresponding division of the Supreme Court of South Africa. (3) All advocates and attorneys entitled to practise be- fore any provincial division of the Supreme Court of South Africa shall be entitled to practise before the Appellate Division. 116. All suits, civil or criminal, pending in any superior court of any of the Colonies at the establishment of the Union shall stand removed to the corresponding division of the Supreme Court of South Africa, which shall have jurisdiction to hear and determine the same, and all judg- ments and orders of any superior court of any of the Colonies given or made before the establishment of the Union shall have the same force and effect as if they had been given or made by the corresponding division of the Supreme Court of South Africa. All appeals to the King in Council which shall be pending at the establishment of the Union shall be proceeded with as if this Act had not been passed. VII. — Finance and Railways 117. All revenues, from whatever source arising, over which the several Colonies have at the establishment of the Union power of appropriation, shall vest in the Governor General in Council. There shall be formed a Railway and 288 AUTONOMY AND FEDERATION WITHIN EMPIRE Harbor Fund into which shall be paid all revenues raised or received by the Governor General in Council from the administration of the railways, ports, and har- bors, and such fund shall be appropriated by Parliament to the purposes of the railways, ports, and harbors in the manner prescribed by this Act. There shall also be form- ed a Consolidated Revenue Fund, into which shall be paid all other revenues raised or received by the Governor General in Council, and such fund shall be appropriated by Parliament for the purposes of the Union in the manner prescribed by this Act, and subject to the charges imposed thereby. 118. The Governor General in Council shall, as soon as may be after the establishment of the Union, appoint a commission, consisting of one representative from each province, and presided over by an officer from the Imperial Service, to institute an inquiry into the financial relations which should exist between the Union and the provinces. Pending the completion of that inquiry and until Parlia- ment otherwise provides, there shall be paid annually out of the Consolidated Revenue Fund to the administrator of each province — (a) an amount equal to the sum provided in the es- timates for education, other than higher educa- tion, in respect of the financial year, 1908-9, as voted by the Legislature of the corresponding Colony during the year nineteen hundred and eight; (b) such further sums as the Governor General in Council may consider necessary for the due per- formance of the services and duties assigned to the provinces respectively. Until such inquiry shall be completed and Parliament SOUTH AFRICA 289 shall have made other provision, the Executive Committees in the several provinces shall annually submit estimates of their expenditures for the approval of the Governor Gen- eral in Council, and no expenditure shall be incurred by any Executive Committee which is not provided for in such approved estimates. 119. The annual interest of the public debts of the Colonies and any sinking funds constituted by law at the establishment of the Union shall form a first charge on the Consolidated Revenue Fund. 120. No money shall be withdrawn from the Consoli- dated Revenue Fund or the Railway and Harbor Fund except under appropriation made by law. But, until the expiration of two months after the first meeting of Parlia- ment, the Governor General in Council may draw there- from and expend such moneys as may be necessary for the public service, and for railway and harbor administration respectively. 121. All stocks, cash, bankers' balances, and securities for money belonging to each of the Colonies at the estab- lishment of the Union shall be the property of the Union: Provided that the balances of any funds raised at the establishment of the Union by law for any special pur- poses in any of the Colonies shall be deemed to have been appropriated by Parliament for the special purposes for which they have been provided. 122. Crown lands, public works, and all property throughout the Union, movable or immovable, and all rights of whatever description belonging to the several Colonies at the establishment of the Union, shall vest in the Governor General in Council subject to any debt or liability specifically charged thereon. 123. All rights in and to mines and minerals, and all 290 AUTONOMY AND FEDERATION WITHIN EMPIRE rights in connection with the searching for, working for, or disposing of, minerals or precious stones, which at the establishment of the Union are vested in the Government of any of the Colonies, shall on such establishment vest in the Governor General in Council. 124. The Union shall assume all debts and liabilities of the Colonies existing at its establishment, subject, notwith- standing any other provision contained in this Act, to the conditions imposed by any law under which such debts or liabilities were raised or incurred, and without prejudice to any rights of security or priority in respect of the pay- ment of principal, interest, sinking fund, and other charges conferred on the creditors of any of the Colonies, and may, subject to such conditions and rights, convert, renew, or consolidate such debts. 125. All ports, harbors, and railways belonging to the several Colonies at the establishment of the Union shall from the date thereof vest in the Governor General in Council. No railway for the conveyance of public traffic and no port, harbor, or similar work, shall be constructed without the sanction of Parliament. 126. Subject to the authority of the Governor General in Council, the control and management of the railways, ports, and harbors of the Union shall be exercised through a board consisting of not more than three com- missioners, who shall be appointed by the Governor General in Council, and a minister of State, who shall be chairman. Each commissioner shall hold office for a period of five years, but may be reappointed. He shall not be removed before the expiration of his period of appoint- ment, except by the Governor General in Council for cause assigned, which shall be communicated by message to both Houses of Parliament within one week after the re- SOUTH AFRICA 291 moval, if Parliament be then sitting, or, if Parliament be not sitting, then within one week after the commencement of the next ensuing session. The salaries of the commis- sioners shall be fixed by Parliament and shall not be reduced during their respective terms of office. 127. The railways, ports, and harbors of the Union shall be administered on business principles, due regard being had to agricultural and industrial development with- in the Union and promotion, by means of cheap transport, of the settlement of an agricultural and industrial popula- tion in the inland portions of all provinces of the Union. So far as may be, the total earnings shall be not more than are sufficient to meet the necessary outlays for working, maintenance, betterment, depreciation, and the payment of interest due on capital not being capital contributed out of railway or harbor revenue, and not including any sums payable out of the Consolidated Revenue Fund in accord- ance with the provisions of sections one hundred and thirty and one hundred and thirty one. The amount of interest due on such capital invested shall be paid over from the Railway and Harbor Fund into the Consolidated Rev- enue Fund. The Governor General in Council shall give effect to the provisions of this section as soon as and at such time as the necessary administrative and financial arrangements can be made, but in any case shall give full effect to them before the expiration of four years from the establishment of the Union. During such period, if the revenues accruing to the Consolidated Revenue Fund are insufficient to provide for the general service of the Union, and if the earnings accruing to the Railway and Harbor Fund are in excess of the outlays specified herein, Parliament may by law appropriate such excess or any part thereof towards the general expenditure of the 292 AUTONOMY AND FEDERATION WITHIN EMPIRE Union, and all sums so appropriated shall be paid over to the Consolidated Revenue Fund. 128. Notwithstanding anything to the contrary in the last preceding section, the Board may establish a fund out of railway and harbor revenue to be used for maintaining, as far as may be, uniformity of rates notwithstanding fluc- tuations in traffic. 129. All balances standing to the credit of any fund established in any of the Colonies for railway or harbor purposes at the establishment of the Union shall be under the sole control and management of the Board, and shall be deemed to have been appropriated by Parliament for the respective purposes for which they have been provided. 130. Every proposal for the construction of any port or harbor works or of any line of railway, before being sub- mitted to Parliament, shall be considered by the Board, which shall report thereon, and shall advise whether the proposed works or line of railway should or should not be constructed. If any such works or line shall be construc- ted contrary to the advice of the Board, and if the Board is of opinion that the revenue derived from the operation of such works or line will be insufficient to meet the costs of working and maintenance, and of interest on the capital invested therein, it shall frame an estimate of the annual loss which, in its opinion, will result from such operation. Such estimate shall be examined by the Controller and Auditor General, and when approved by him the account thereof shall be paid over annually from the Consolidated Revenue Fund to the Railway and Harbor Fund: Pro- vided that, if in any year the actual loss incurred, as calculated by the Board and certified by the Controller and Auditor General, is less than the estimate framed by the Board, the amount paid over in respect of that year SOUTH AFRICA 293 shall be reduced accordingly so as not to exceed the actual loss incurred. In calculating the loss arising from the operation of any such work or line, the Board shall have regard to the value of any contributions of traffic to other parts of the system which may be due to the operation of such work or line. 131. If the Board shall be required by the Governor General in Council or under any Act of Parliament or resolution of both Houses of Parliament to provide any services or facilities either gratuitously or at a rate of charge which is insufficient to meet the costs involved in the provision of such services or facilities, the Board shall at the end of each financial year present to Parliament an account approved by the Controller and Auditor General, showing, as nearly as can be ascertained, the amount of the loss incurred by reason of the provision of such serv- ices and facilities, and such amount shall be paid out of the Consolidated Revenue Fund to the Railway and Har- bor Fund. 132. The Governor General in Council shall appoint a Controller and Auditor General who shall hold office dur- ing good behavior: provided that he shall be removed by the Governor General in Council on an address praying for such removal presented to the Governor General by both Houses of Parliament: provided further that when Par- liament is not in session the Governor General in Council may suspend such officer on the ground of incompetence or misbehavior; and, when and so often as such suspension shall take place, a full statement of the circumstances shall be laid before both Houses of Parliament within fourteen days after the commencement of its next ses- sion; and, if an address shall at any time during the ses- sion of Parliament be presented to the Governor General 294 AUTONOMY AND FEDERATION WITHIN EMPIRE by both Houses praying for the restoration to office of such officer, he shall be restored accordingly; and if no such address be presented the Governor General shall con- firm such suspension and shall declare the office of Con- troller and Auditor General to be, and it shall thereupon become, vacant. Until Parliament shall otherwise provide, the Controller and Auditor General shall exercise such powers and functions and undertake such duties as may be assigned to him by the Governor General in Council by regulations framed in that behalf. 133. In order to compensate Pietermaritzburg and Bloemfontein for any loss sustained by them in the form of diminution of prosperity or decreased ratable value by reason of their ceasing to be the seats of government of their respective colonies, there shall be paid from the Con- solidated Revenue Fund for a period not exceeding twenty-five years to the municipal councils of such towns a grant of two per centum per annum on their municipal debts, as existing on the thirty-first day of January, nine- teen hundred and nine, and as ascertained by the Controller and Auditor General. The Commission appointed under section one hundred and eighteen shall, after due inquiry, report to the Governor General in Council what compensa- tion should be paid to the municipal councils of Cape Town and Pretoria for the losses, if any, similarly sus- tained by them. Such compensation shall be paid out of the Consolidated Revenue Fund for a period not exceeding twenty-five years, and shall not exceed one per centum per annum on the respective municipal debts of such towns as existing on the thirty-first day of January nineteen hun- dred and nine, and as ascertained by the Controller and Auditor General. For the purposes of this section Cape Town shall be deemed to include the municipalities of Cape SOUTH AFRICA 295 Town, Green Point, and Sea Point, Woodstock, Mowbray, and Rondebosch, Claremont, and Wynberg, and any grant made to Cape Town shall be payable to the councils of such municipalities in proportion to their respective debts. One half of any such grants shall be applied to the re- demption of the municipal debts of such towns respective- ly. At any time after the tenth annual grant has been paid to any of such towns the Governor General in Coun- cil, with the approval of Parliament, may after due in- quiry withdraw or reduce the grant to such town. VIII. — General 134. The election of Senators and of members of the executive committees of the Provincial Councils as pro- vided in this Act shall, whenever such election is contested, be according to the principle of proportional representa- tion, each voter having one transferable vote. The Gov- ernor General in Council, or, in the case of the first election of the Senate, the Governor in Council of each of the Colo- nies, shall frame regulations prescribing the methods of voting and of transferring and counting votes and the duties of returning officers in connection therewith, and such regulations or any amendments thereof after being duly promulgated shall have full force and effect unless and until Parliament shall otherwise provide. 135. Subject to the provisions of this Act, all laws in force in the several Colonies at the establishment of the Union shall continue in force in the respective Province until repealed or amended by Parliament, or by the Pro- vincial Councils in matters in respect of which the power to make ordinances is reserved or delegated to them. All legal commissions in the several Colonies at the establish- 296 AUTONOMY AND FEDERATION WITHIN EMPIRE merit of the Union shall continue as if the Union had not been established. 136. There shall be free trade throughout the Union, but until Parliament otherwise provides the duties of cus- tom and of excise leviable under the laws existing in any of the Colonies at the establishment of the Union shall remain in force. 137. Both the English and Dutch languages shall be official languages of the Union, and shall be treated on a footing of equality, and possess and enjoy equal freedom, rights, and privileges ; all records, j ournals, and proceedings of Parliament shall be kept in both languages, and all bills, Acts, and notices of general public importance or interest issued by the Government of the Union shall be in both languages. 138. All persons who have been naturalized in any of the Colonies shall be deemed to be naturalized throughout the Union. 139. The administration of justice throughout the Un- ion shall be under the control of a Minister of State, in whom shall be vested all powers, authorities, and func- tions which shall at the establishment of the Union be vested in the Attorneys General of the Colonies, save and except all powers, authorities, and functions relating to the prosecution of crimes and offences, which shall in each Province be vested in an officer to be appointed by the Governor General in Council, and styled the Attorney General of the Province, who shall also discharge such other duties as may be assigned to him by the Governor General in Council: Provided that in the Province of Good Hope the Solicitor General for the Eastern Districts and the Crown Prosecutor for Griqualand West shall re- spectively continue to exercise the powers and duties by SOUTH AFRICA 297 law vested in them at the time of the establishment of the Union. 140. Subject to the provisions of the next succeeding section, all officers of the public service of the Colonies shall at the establishment of the Union become officers of the Union. 141. — (1) As soon as possible after the establishment of the Union, the Governor General in Council shall ap- point a public service commission to make recommendations for such reorganization and readjustment of the Depart- ments of the public service as may be necessary. The commission shall also make recommendations in regard to the assignment of officers to the several Provinces. (2) The Governor General in Council may after such commission has reported assign from time to time to each Province such officers as may be necessary for the proper discharge of the services reserved or delegated to it, and such officers on being so assigned shall become officers of the Province. Pending the assignment of such officers, the Governor General in Council may place at the disposal of the Provinces the services of such officers of the Union as may be necessary. (3) The provisions of this section shall not apply to any service or department under the control of the Rail- way and Harbor Board, or to any person holding office under the Board. 142. After the establishment of the Union the Governor General in Council shall appoint a permanent public serv- ice commission with such powers and duties relating to the appointment, discipline, retirement, and superannua- tion of public officers as Parliament shall determine. 143. Any officer of the public service of any of the Colonies at the establishment of the Union who is not 298 AUTONOMY AND FEDERATION WITHIN EMPIRE retained in the service of the Union or assigned to that of a Province shall be entitled to receive such pension, gratuity, or other compensation as he would have received in like circumstances if the Union had not been established. 144. Any officer of the public service of any of the Colonies at the establishment of the Union who is retained in the service of the Union or assigned to that of a Prov- ince shall retain all his existing and accruing rights, and shall be entitled to retire from the service at the time at which he would have been entitled by law to retire, and on the pension or retiring allowance to which he would have been entitled by law in like circumstances if the Union had not been established. 145. The services of officers in the public service of any of the Colonies at the establishment of the Union shall not be dispensed with by reason of their want of knowledge of either the English or Dutch language. 146. Any permanent officer of the Legislature of any of the Colonies who is not retained in the service of the Union, or assigned to that of any Province, and for whom no provision shall have been made by such Legislature, shall be entitled to such pension, gratuity, or compensation as Parliament may determine. 147. The control and administration of native affairs and of matters specially or differentially affecting Asiatics throughout the Union shall vest in the Governor General in Council, who shall exercise all special powers in regard to native administration hitherto vested in the Governors of the Colonies or exercised by them as supreme chiefs, and any lands vested in the Governor or Governor and Executive Council of any Colony for the purpose of re- serves for native locations shall vest in the Governor General in Council, who shall exercise all special powers in SOUTH AFRICA 299 relation to such reserves as may hitherto have been exer- cisable by any such Governor or Governor and Executive Council, and no lands set aside for the occupation of natives which cannot at the establishment of the Union be alienated except by an Act of the Colonial Legislature shall be alienated or in any way diverted from the pur- poses for which they are set apart except under the authority of an Act of Parliament. 148. — (1) All rights and obligations under any con- ventions or agreements which are binding on any of the Colonies shall devolve upon the Union at its establishment. (2) The provisions of the railway agreement between the Governments of the Transvaal, the Cape of Good Hope, and Natal, dated the second of February, nineteen hundred and nine, shall, as far as practicable, be given effect to by the Government of the Union. IX. — New Provinces and Territories 149. Parliament may alter the boundaries of any Prov- ince, divide a Province into two or more Provinces, or form a new Province out of Provinces within the Union, on the petition of the Provincial Council of every Province whose boundaries are affected thereby. 150. The King, with the advice of the Privy Council, may on addresses from the Houses of Parliament of the Union admit into the Union the territories administered by the British South Africa Company on such terms and conditions as to representation and otherwise in each case as are expressed in the addresses and approved by the King, and the provisions of any Order in Council in that behalf shall have effect as if they had been enacted by the Parliament of the United Kingdom of Great Britain and Ireland. 300 AUTONOMY AND FEDERATION WITHIN EMPIRE 151. The King, with the advice of the Privy Council, may, on addresses from the Houses of Parliament of the Union, transfer to the Union the government of any terri- tories, other than the territories administered by the British South Africa Company, belonging to or under the pro- tection of His Majesty, and inhabited wholly or in part by natives, and upon such transfer the Governor General in Council may undertake the government of such territory upon the terms and conditions embodied in the schedule to this Act. X. — Amendment of Act 152. Parliament may by law repeal or alter any of the provisions of this Act: Provided that no provision thereof, for the operation of which a definite period of time is prescribed, shall during such period be repealed or altered: And provided further that no repeal or alteration of the provisions contained in this section, or in sections thirty- three and thirty-four (until the number of members of the House of Assembly has reached the limit therein pre- scribed, or until a period of ten years has elapsed after the establishment of the Union, whichever is the longer period) , or in sections thirty-five and one hundred and thirty-seven, shall be valid unless the bill embodying such repeal or alteration shall be passed by both Houses of Parliament sitting together, and at the third reading be agreed to by not less than two-thirds of the total number of the members of both Houses. A bill so passed at such joint sitting shall be taken to have been duly passed by both Houses of Parliament. SOUTH AFRICA 301 Schedule 1. After the transfer of the government of any territory- belonging to or under the protection of His Majesty, the Governor General in Council shall be the legislative au- thority, and may by proclamation make laws for the peace, order, and good government of such territory: Provided that all such laws shall be laid before both Houses of Parliament within seven days after the issue of the proc- lamation or, if Parliament be not then sitting, within seven days after the beginning of the next session, and shall be effectual unless and until both Houses of Parliament shall by resolutions passed in the same session request the Gov- ernor General in Council to repeal the same, in which case they shall be repealed by proclamation. 2. The Prime Minister shall be charged with the ad- ministration of any territory thus transferred, and he shall be advised in the general conduct of such administration by a commission consisting of not fewer than three mem- bers with a secretary, to be appointed by the Governor General in Council, who shall take the instructions of the Prime Minister in conducting all correspondence relating to the territories, and shall also under the like control have custody of all official papers relating to the territories. 3. The members of the commission shall be appointed by the Governor General in Council, and shall be entitled to hold office for a period of ten years, but such period may be extended to successive further terms of five years. They shall each be entitled to a fixed annual salary, which shall not be reduced during the continuance of their term of office, and they shall not be removed from office except upon addresses from both Houses of Parliament passed in the same session praying for such removal. They shall 302 AUTONOMY AND FEDERATION WITHIN EMPIRE not be qualified to become, or to be, members of either House of Parliament. One of the members of the com- mission shall be appointed by the Governor General in Council as vice-chairman thereof. In case of the absence, illness, or other incapacity of any member of the commis- sion, the Governor General in Council may appoint some other fit and proper person to act during such absence, illness, or other incapacity. 4. It shall be the duty of the members of the com- mission to advise the Prime Minister upon all matters relating to the general conduct of the administration of, or the legislation for, the said territories. The Prime Min- ister, or another minister of State nominated by the Prime Minister to be his deputy for a fixed period, or, failing such nomination, the vice-chairman, shall preside at all meetings of the commission, and in case of an equality of votes shall have a casting vote. Two members of the commission shall form a quorum. In case the commission shall consist of four or more members, three of them shall form a quorum. 5. Any member of the commission who dissents from the decision of a majority shall be entitled to have the reasons for his dissent recorded in the minutes of the com- mission. 6. The members of the commission shall have access to all official papers concerning the territories, and they may deliberate on any matter relating thereto and tender their advice thereon to the Prime Minister. 7. Before coming to a decision on any matter relating either to the administration, other than routine, of the territories or to legislation therefor, the Prime Minister shall cause the papers relating to such matter to be de- posited with the secretary to the commission, and shall SOUTH AFRICA - 303 convene a meeting of the commission for the purpose of obtaining its opinion on such matter. 8. Where it appears to the Prime Minister that the despatch of any communication or the making of any order is urgently required, the communication may be sent or order made, although it has not been submitted to a meeting of the commission or deposited for the perusal of the members thereof. In any such case the Prime Min- ister shall record the reasons for sending the communica- tion or making the order and give notice thereof to every member. 9. If the Prime Minister does not accept a recom- mendation of the commission or proposes to take some action contrary to their advice, he shall state his views to the commission, who shall be at liberty to place on record the reasons in support of their recommendation or advice. This record shall be laid by the Prime Minister before the Governor General in Council, whose decision in the matter shall be final. 10. When the recommendations of the commission have not been accepted by the Governor General in Council, or action not in accordance with their advice has been taken by the Governor General in Council, the Prime Minister, if thereto requested by the commission, shall lay the record of their dissent from the decision or action taken and of the reasons therefor before both Houses of Parlia- ment, unless in any case the Governor General in Council shall transmit to the commission a minute recording his opinion that the publication of such record and reasons would be gravely detrimental to the public interest. 11. The Governor General in Council shall appoint a resident commissioner for each territory, who shall, in addition to such other duties as shall be imposed on him, 304 AUTONOMY AND FEDERATION WITHIN EMPIRE prepare the annual estimates of revenue and expenditure for such territory, and forward the same to the secretary of the commission for the consideration of the commission and of the Prime Minister. A proclamation shall be issued by the Governor General in Council, giving to the pro- visions for revenue and expenditure made in the estimates as finally approved by the Governor General in Council the force of law. 12. There shall be paid into the Treasury of the Union all duties of customs levied on dutiable articles imported in- to and consumed in the territories, and there shall be paid out of the Treasury annually toward the cost of administra- tion of each territory a sum in respect of such duties which shall bear to the total customs revenue of the Union in respect of each financial year the same proportion as the average amount of the customs revenue of such territory for the three completed financial years last preceding the taking effect of this Act bore to the average amount of the whole customs revenue for all the Colonies and territories included in the Union received during the same period. 13. If the revenue of any territory for any financial year shall be insufficient to meet the expenditure thereof, any amount required to make good the deficiency may, with the approval of the Governor General in Council, and on such terms and conditions and in such manner as with the like approval may be directed or prescribed, be ad- vanced from the funds of any other territory. In default of any such arrangement, the amount required to make good any such deficiency shall be advanced by the Govern- ment of the Union. In case there shall be a surplus for any territory, such surplus shall in the first instance be devoted to the repayment of any sums previously ad- vanced by any other territory or by the Union Govern- SOUTH AFRICA 305 merit to make good any deficiency in the revenue of such territory. 14. It shall not be lawful to alienate any land in Basutoland or any land forming part of the native re- serves in the Bechuanaland protectorate and Swaziland from the native tribes inhabiting those territories. 15. The sale of intoxicating liquor to natives shall be prohibited in the territories, and no provision giving fa- cilities for introducing, obtaining, or possessing such liquor in any part of the territories less stringent than those existing at the time of the transfer shall be allowed. 16. The custom, where it exists, of holding pitsos or other recognised forms of native assembly shall be main- tained in the territories. 17. No differential duties or imposts on the produce of the territories shall be levied. The laws of the Union re- lating to customs and excise shall be made to apply to the territories. 18. There shall be free intercourse for the inhabitants of the territories with the rest of South Africa subject to the laws, including the pass laws, of the Union. 19. Subject to the provisions of this schedule, all rev- enues derived from any territory shall be expended for and on behalf of such territory: Provided that the Governor General in Council may make special provision for the appropriation of a portion of such revenue as a contribu- tion towards the cost of defence and other services per- formed by the Union for the benefit of the whole of South Africa, so, however, that that contribution shall not bear a higher proportion to the total costs of such services than that which the amount payable under paragraph 12 of this schedule from the Treasury of the Union towards the cost of the administration of the territory bears to the total 306 AUTONOMY AND FEDERATION WITHIN EMPIRE customs revenue of the Union on the average of the three years immediately preceding the year for which the con- tribution is made. 20. The King may disallow any law made by the Gov- ernor General in Council by proclamation for any terri- tory within one year from the date of the proclamation, and such disallowance on being made known by the Gov- ernor General by proclamation shall annul the law from the day when the disallowance is so made known. 21. The members of the commission shall be entitled to such pensions of superannuation allowances as the Gov- ernor General in Council shall by proclamation provide, and the salaries and pensions of such members and all other expenses of the commission shall be borne by the territories in the proportion of their respective revenues. 22. The rights as existing at the date of transfer of officers of the public service employed in any territory shall remain in force. 23. Where any appeal may by law be made to the King in Council from any court of the territories, such appeal shall, subject to the provisions of this Act, be made to the Appellate Division of the Supreme Court of South Africa. 24. The Commission shall prepare an annual report on the territories, which shall, when approved by the Governor General in Council, be laid before both Houses of Parliament. 25. All bills to amend or alter the provisions of this Schedule shall be reserved for the significance of His Majesty's pleasure. PART VI THE DOMINIONS HISTORICAL RESUME By the British Nationality and Status of Aliens Act of 1914 all of the Do- minions were affected and the Dominions were recognized eo nomine for purposes of future legislation. BRITISH NATIONALITY AND STATUS OF ALIENS ACT [4 & 5 George V, cap. 17] 1914 An Act to consolidate and amend the Enactments relating to British nationality and the status of Aliens. Be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assem- bled, and by the authority of the same, as follows: Part I. — Natural-born British Subjects 1. — (1) The following persons shall be deemed to be natural-born British subjects, namely: Part II. — Naturalization of Aliens 2. — (1) The Secretary of State may grant a certificate of naturalization to an alien who makes an application for the purpose, and satisfies the Secretary of State — 8. — (1) The Govermnent of any British possession shall have the same power to grant a certificate of na- turalization as the Secretary of State has under this Act, and the provisions of this Act as to the grant and revoca- tion of such a certificate shall apply accordingly, with the substitution of the Government of the possession for the Secretary of State, and the possession for the United 309 310 AUTONOMY AND FEDERATION WITHIN EMPIRE Kingdom, and also, in a possession where any language is recognized as on an equality with the English language, with the substitution of the English language or that language for the English language: Provided that in any British possession other than British India and a Dominion specified in the First schedule to this Act, the powers of the government of the possession under this section shall be exercised by the Governor or a person acting under his authority, but shall be subject in each case to the approval of the Secretary of State, and any certificate proposed to be granted shall be submitted to him for his approval. (2) Any certificate of naturalization granted under this section shall have the same effect as a certificate of na- turalization granted by the Secretary of State under this Act. 9. — (1) This part of this Act shall not, nor shall any certificate of naturalization granted thereunder, have effect within any of the Dominions specified in the first schedule to this Act, unless the Legislature of that Dominion adopts this part of this Act. (2) Where the Legislature of any such Dominion has adopted this part of this Act, the Government of the Dominion shall have the like powers to make regulations with respect to certificates of naturalization and to oaths of allegiance as are conferred by this Act on the Secretary of State. (3) The Legislature of any such Dominion which adopts this part of this Act may provide how and by what Department of the Government the powers conferred by this part of this Act on the Government of a British possession are to be exercised. (4) The Legislature of any such Dominion may at any THE DOMINIONS 311 time rescind the adoption of this part of this Act, pro- vided that no such rescission shall prejudicially affect any- legal rights existing at the time of such rescission. SCHEDULES First Schedule. — List of Dominions The Dominion of Canada. The Commonwealth of Australia (including for the pur- poses of this Act the territory of Papua and Norfolk Island) . The Dominion of New Zealand. The Union of South Africa. Newfoundland. INDEX INDEX [Abbreviations: A., Commonwealth of Australia; C, Dominion of Canada; SA., Union of South Africa; N., Newfoundland; NZ., New Zealand.] Administrative Power (cp. Execu- tive Power) : N.— Council 8, 15, 21, 25, 41 Governor 38, 53 NZ. — Governor 144 Admission* of New Members: A.— Anticipated 201 New states formed from division or amal- gamation of old states 238 Power to fix conditions given to the par- liament 237 C. — Power of crown re 192 Procedure 192 Provinces admitted 154 note, 192-193 N. — Special rules re admis- sion to Dominion. 192 Prince Edward Island, special rules re admission to Dominion .... 192 SA.— Anticipated 250 Power of crown re 299 Procedure 299 Algoma, special rules re parlia- mentary franchise 163, 173 Amendments to the Constitution : A. — Limitations upon, in cer- tain cases 240 Procedure 239 Referendum, use of 239 Senate elections amend- ment 241 State debts amendment . . 242 C — Constitution amended by British statutes . 157, 158, 192-198 NZ. — Power given to the gen- eral assembly 101-102 Reserved for assent of crown 102 SA. — Amendments affecting certain subjects reserved for as- sent of crown. 270, 306 Limitation upon, in cer- tain cases 300 Power given to the par- liament 300 Appeals to Crown in Council: A. — Appeals from state su- preme courts trans- ferred to the high court 224-225 Appeals from the high court limited .... 225 SA. — Appeals restricted ..284-285 Appointments, Power of: A. — Crown, power of appoint- ment of governor general 202 Governor general, power of appointment delegation of 222, 223 general 222 special 222, 224, 233 Parliament, power to redis- tribute the power of appointment . . 223 C. — Governor general, power of appointment . . 155, 156-157, 159, 160, 161, 167, 169, 180-181, 186 Lieutenant governor, power of appointment . . 170, 188-189 N. — Crown, power of appoint- ment 7, 17-19 Governor, power of ap- pointment ...8, 10-11, 18, 28-29, 31 Lieutenant governor, power of appointment . . 39 NZ. — Crown, power of appoint- ment of legisla- tive council 74,88 Governor, power of ap- pointment 28,29,31,90 SA. — Crown, power of appoint- ment of governor general 251 Governor general, power of appointment delegation of 253 315 316 INDEX Appointments, Power of — Continued. general 253 special.. 252, 254, 255, 271, 283, 286, 290-291, 293 Parliament, power to redis- tribute the power of appointment . . 253 Provincial executive com- mittee, power of appointment .... 276 Appropriations : A. — Bills must originate in lower house 218 Legislation necessary in all cases 227 Power restricted 218-219 Recommendations of gov- ernor general nec- essary as prerequi- site 219 C. — Commonwealth power of parliament . 182 bills originate in lower house 166 recommendations nec- essary 166 Provinces bills originate in lower house 174-175 recommendations nec- essary 174-175 N. — Recommendations of gov- ernor necessary . 50 NZ. — Recommendations of gov- , ernor necessary .95-96 Recommendations of pro- vincial superin- tendent necessary in provinces 86 SA. — Union bills originate in lower house 268 power restricted 269 power of upper house restricted 269 recommendations nec- essary 269 Provinces power in provincial council 278 recommendations nec- essary 278 Assembly (cp. General Assembly): N. — Composition 8 Conflict with council ...59, 61 Elections of members ..8, 20, 21, 41-43 Franchise ...8, 21, 41, 46, 47 Increase in size prerequisite to system of re- sponsible govern- ment, 53, 54, 57, 58, 67 Oath of loyalty 8-9 Obstruction of legislation pending grant of responsible gov- ernment 56, 67, 60, 62 Payment of members under responsible gov- ernment 54 Power of legislation 6 of supervision of ex- ecutive 25 Prorogation and dissolu- tion by gov- ernor 10, 43 Records submitted to crown 27 Rules of procedure fixed in part by con- stitution 43 Assent to Legislation: A. — Assent of governor gen- eral necessary for legislation 221 C. — Dominion assent of governor gen- eral necessary for legislation 166 record of assents of governor general furnished to crown 166 record of crown assents to reserved bills kept by parlia- ment 167 Provinces, assent of lieu- tenant governor or governor nec- essary for legisla- tion 174-175 N. — Record of assents of gov- ernor furnished to crown 9, 26-27 NZ. — Assent of crown neces- sary for legisla- tion on certain subjects 100, 101- 102, 150 Provincial legislation sub- ject to assents of provincial super- intendent or gov- ernor 87-88 SA. — Assent of crown neces- sary to certain legislation 270 INDEX 317 Assent to Legislation — Continued. Assent of governor gen- eral necessary for legislation 270 Attorneys General Appointed for provinces by governor general (SA) 296 Audit: C. — Accounts of consolidated fund audited 182 NZ. — Power of audit given to general assembly. 99 Revenue from customs duties audited ... 99 Australia, Commonwealth of (the organization): Assumption of state debts . . 229, 234, 242 Collection of customs duties transferred to Com- monwealth 223, 229 Commerce power limited 233 Conflicts of legislation with states 202, 206, 235 Cooperation with states in detention and punish- ment of offenders . . . 237 Customs duties receipts shared with states 230, 231 Departments transferred from states to Common- wealth civil service . . 223, 228-229 Disputes of jurisdiction with states 225 Establishment of 202 Financial assistance to states 232 Free trade established in pros- pect 230-231 Historical r6sum4 200 Immunity and incapacity of taxation as regards the states 236 Naturalization by Common- wealth 212 Payments of bounties trans- ferred to Common- wealth 229 Pensions and allowances of state officials taken over by Common- wealth 228 Power of altering state bound- aries 237 of reviewing state customs duties receipts 232-233 of taking over state prop- erty 228-229 Protection to states against in- vasion or riot 237 Relation to crown ...201, 204, 221 Religious requirements pro- hibited 236 State legislation and powers re customs duties and bounties superseded in part 230 Suits against Commonwealth and states 226 Surrender of territory by states to Commonwealth . . . 235 Boundaries: A. — Alteration of state bound- aries by parlia- ment subject to referendum 237 C. — Provinces boundaries outlined 154-155 boundaries subject to alterations by par- liament under certain limitations 194-195 N. — Boundaries defined 5 NZ. — Boundaries outlined .... 109 Provincial boundaries to be fixed by gov- ernor 79 Quebec, power of lieutenant governor to fix boundaries of lo- cal subdivisions . . 191 SA. — Application of Colonial Boundaries Act . 251 Colonial boundaries de- fined as provincial boundaries 251 Provincial boundaries sub- ject to alteration by parliament with consent of prov- inces 299 Bounties: A. — Payment transferred to Commonwealth . . 229 State powers and legisla- tion superseded . 230 Canada, Dominion of: Admission of new members 192—193 Concurrent powers with the provinces 180 Conflicts of law with the provinces 180 Debts of provinces assumed in part by Dominion 182, 183 318 INDEX Canada, Dominion of — Continued. Executive power, organization 155-157 Financial operations regulated 181-186 Grants in aid to provinces . . . 184 Historical risumi 152 Intercolonial railway to be be- gun by Dominion .191-192 International action limited by imperial treaties 188 Judiciary, organization of 180-181 Jurisdiction of, in relation to the provinces ....175-180 Language in public life and in law 188 Legislative power, organization 157-167 Military and naval powers . . . 157 Naturalization by Dominion 158-159 not subject to review by Imperial Govern- ment 310 New provinces added .... 154 note, 192-193 Newfoundland, special rules of admission 192 Power of eminent domain, lim- ited 184 of legislation, scope . . 175-177 Prince Edward Island, special rules of admission 192-193 Provinces established .154-155 Provincial funds transferred to Dominion 182 Provincial property transferred to Dominion 182 Seat of government established at Ottawa 157 Subventions to provincial civil lists 184 Canada (Old Province) : Divided and renamed Ontario and Quebec 154-155 Executive power divided be- tween new provinces 168-169 Provincial debt divided be- tween new provinces 191 Canterbury Association, rights protected 106-107 Cape of Good Hope: Franchise, special rules for 259-260 Justice, special rules for ad- ministration of ...296-297 Rules of appeal adopted for supreme court of South Africa 285 Standard for other provinces in certain matters . . . 268 Census: C. — Census of population pro- vided for 155 Revision of quotas or representation on basis of census 165-166 SA. — Revision of electoral dis- tricts on basis of census 262 Rules for increase of quotas on basis of census 258-259 Church and Religion: A. — No religious requirements to be established. 236 C. — Protection for religious in- terests in schools 178-179 N. — Fostered by governor ... 34 Powers of governor in mat- ters of church and religion 11,33, 34, 36, 37 Presentation to benefices by crown and gov- ernor 34-35 Religion and parties re re- sponsible govern- ment ...55-58, 60, 62, 66, 67 Wardens as prosecuting agents in the courts 36 Civil List: A.— Restriction of legislation in regard to civil list 204 Salaries included of governor general . . 204 of ministers of state.. 222 C. — Subventions from Domin- ion in aid of pro- vincial civil lists . . 184 N. — Required as prerequisite to responsible gov- ernment 54 NZ. — Composition 110 Legislation in regard to the civil list restricted 100 Required as prerequisite to responsible gov- ernment 99 SA. — Salary of governor gen- eral included 251-252 INDEX 319 Civil Service: A. — Appointments by governor general 222 Departments established by gov- ernor general . . . 222 transferred from states to Commonwealth 223, 228-229 Pensions and allowances transferred to Commonwealth in part 228 N. — Crown offices 29, 31 Customs officials' privi- leges 30 Power of governor re appointments and suspensions .... 10-11, 18, 28-29, 31 Qualifications of members 19 Relations to governor ... 15 Salaries and fees to be moderate 29 Tenure 28 NZ. — Provincial civil services reorganized . . 145-147 SA. — Union colonial services trans- ferred to Union. . 297 commission on reor- ganization created 297 indemnification of dis- placed office-hold- ers 297-298 permanent public serv- ice commission to be appointed .... 297 recommendations of public service com- mission re reor- ganization to be executed by gov- ernor 297 Provinces appointment of mem- bers of provin- cial civil service by provincial ex- ecutive committee 276 establishment of pro- vincial civil ser- vice by governor general 276 power of parliament to regulate provin- cial civil service . . 276 Colonial Governor (cp. Governor General) : SA. — Ordinance power trans- ferred to provin- cial executive com- mittee 275 Powers transferred to gov- ernor general . . . 253 Colony (cp. Province, State) : A. — Executive powers of col- onies transferred to Commonwealth 223 Legislation by colonies prior to effective- ness of federation 202 Naturalization by colony. 212 States, colonies made over into states in Com- monwealth 202 N. — Condition of colony to be reported by gov- ernor 38, 40 SA. — Boundaries of colonies redefined as prov- inces 251 Civil services of colonies transferred to Union 297 Debts assumed by Union . . 290 Financial balances trans- ferred to Union 289, 292 International duties and rights assumed by Union 299 Local divisions of supreme court of South Africa established in colonies . . .281-282 Native land reservations provided for .298-299 Natives, management of relations with na- tives transferred from colonies to Union 298-299 Naturalization by colonies effective in Union 296 Orange River Colony re- stvled Orange Free State 251 Ordinance power of co- lonial governor transferred to provincial execu- tive committees . . 275 Prior colonial legislation confirmed 295-296 Property and property rights of colonies transferred to Union 289-290 Railway treaty among col- onies to be executed 299 320 INDEX Colony — Continued. Restyled provinces 251 Styled as such 250 Styled singly 250 Suits pending in colonial courts transferred to Union 287 Supreme courts of col- onies made over into provincial di- visions of supreme court of South Africa 281 Commerce, Power to Regulate: A. — Interstate commission, cre- ated with pow- ers to be fixed by Commonwealth parliament to ad- minister laws re- lating to trade and commerce . . 233 Parliament, commerce power limited as regards the states 233 scope of, in general.. 233 States, power to enact in- spection laws . . . 236 Commission for Federal Terri- tory created to govern terri- tory surrendered to Union (SA) 301-304, 306 Concurrent Powers of federal and local governments (C) 180 Conflicts of Federal and Local Law: A. — Federal law supreme over state law in case of conflict 202,206,235 C. — Dominion law supreme over provincial law in case of con- flict 180 SA. — Union law supreme over provincial ordi- nances in case of conflict 278 Consolidated Fund (cp. Consoli- dated Revenue Fund) : C. — Audit of accounts 182 Charges upon 182 Established 181 Power of parliament over 182 Provincial taxation and consolidated funds 185-186 Consolidated Revenue Fund (cp. Consolidated Fund) : A. — Charges upon 227 Composition as established 227 Payments from, appro- priations neces- sary for 227 SA.— Charges upon 288 Composition as established 288 Power of governor gen- eral over the fund 288 Constitution : A. — Amendments limitations upon 240 procedure for 239-240 senate elections amend- ment 241 state debts amendment 242 Controls state constitu- tions and legisla- tion 234-235 Elections regulated in con- stitution elections for house of representatives . . 211 elections for senate . . 205 Interstate commission to enforce provisions re trade and com- merce 233 Omnibus legislation for- bidden 219 Powers fixed by constitu- tion of governor general . 204 of state parliaments.. 235 Quorum fixed by consti- tution house of representa- tives 212 senate 208 Riders on finance bills for- bidden 219 Rules of procedure fixed by constitution house of representa- tives 212 senate 209 Supremacy of federal con- stitution over state constitutions and legislation in case of conflict 202 Synopsis of constitution INDEX 321 Constitution — Continued. contained in sta- tute 203 C. — Accordance with the law of England... 153, 157 Amended ...157, 158, 192-198 Quorum fixed by consti- tution house of commons... 164 senate 161 Rules of procedure fixed by constitution house of commons . . 164 senate 161 N. — Electoral districts fixed by constitution 40-41 NZ. — Amendments reserved for assent of crown 100-102 Crown bound by constitu- tion as granted.. 113 House of representatives, term fixed by con- stitution 91 Legislative council quorum fixed 90 rules of procedure fixed ..90, 94-97, 101 Provincial council, quorum fixed 85 Ontario and Quebec, term of legislative as- sembly fixed by constitution 173 Quebec, rules of procedure of legislative coun- cil fixed by con- stitution 171 SA. — Amendments re federal territory restricted 306 power of parliament to pass 300 reserved for assent of crown, certain topics 270 Principle of a legislative union 250 Provincial seats of gov- ernment fixed . . . 280 Quorum fixed by constitu- tion house of assembly . . . 265 senate 257 supreme court of South Africa 285-286 Rules of procedure fixed by constitution house of assembly . . . 265 parliament 268 senate 257 Salary of governor gen- eral fixed and leg- islation restricted re the same 252 Synopsis of constitution contained in sta- tute 245-249 Controller and Auditor General: SA. — Appointment by governor general 293 Powers 294 Removal 293-294 Tenure 293 Council (cp. Executive Council) : N. — Appointment and removal of members by crown and gov- ernor 7, 17-19 Conflict with assembly. .59, 61 Crown, power to disallow acts 10, 95, 97 Freedom of debate and vote 18 Governor power re composition. 7, 19 powers re meetings . . 17 relations to 18, 38, 53 Oath of loyalty 7 Powers of administration ..8, 15, 21, 25, 41 of legislation 6, 10-11, 28, 37 President, as governor 16, 38-39 Qualifications of mem- bers 7, 18 Quorum fixed by consti- tution 7, 17 Reorganization prerequi- site to responsible government 54, 68, 69 SA. — Advise governor general re appointments general 253 special 254, 255, 271, 279, 283, 286, 290, 293, 296, 297 executive acts 252, 274, 280, 281, 288-289, 295, 297, 298-299, 300 Courts : C. — Appointments of judges in provinces by gov- ernor general 180-181 General court of appeal to be established. 181 Languages available in courts 188 322 INDEX Cotjets — Continued. Salaries regulated by par- liament 181 Tenure of judges 181 N. — Church wardens as prose- cuting agents ... 36 Jurisdiction over members of royal navy ... 14 Organization ; supreme court 28-29 Records submitted to crown 30 Writs in name of crown.. 28 Ceown: A. — Appeals from state supreme courts transferred to high court 224-225 from the high court restricted 225 Executive power resides in crown 221 Governor general exercises crown's ex- ecutive power . . . 221 powers fixed by crown under constitution 204 represents crown in Commonwealth . . 204 substitute established at pleasure of crown 204, 238 Legislation may be re- served for crown assent 221 Power to appoint governor general 202 to disallow legislation. 221 Relations to Commonwealth as a whole ...201, 204, 221 to parliament 203-204 C. — Executive power resides in crown 155 Legislation record of assents of governor general to be furnished to crown 166 reservation of bills for crown assent .... 166 Powers to admit new prov- inces 192 to disallow legislation 166 to instruct governor general re legisla- tion 166 military and naval powers 157 N. — Assembly, record submit- ted to crown 27 Civil offices in name of crown 29, 31 Court records submitted to crown 30 Legislation prior consent of crown necessary in cer- tain cases 21-23 record of adopted leg- islation furnished 27 record of governor's assents furnished to crown 9, 26-27 Military organization rec- ords furnished . . 37 Powers to appoint and remove members of coun- cil 7, 17-19 to disallow acts of council 10, 95, 97 of legislation 10 to present to Dene- fices 34-35 Writs issued in name of crown 28 NZ. — Amendments to constitu- tion reserved for assent of crown 100, 101-102 Constitution binds crown . . 113 Legislation on certain sub- jects reserved for assent of crown 102, 150 Natives under crown's care 103-104, 132-133 Officials to audit customs duties revenue . . 99 Powers to appoint legislative council 74, 88 to delegate powers to governor 109 to disallow acts of legislative council (1840) and gen- eral assembly (1852) 95, 97 to instruct governor re legislation 97 to instruct legislative council 74-75 to remove provincial superintendents . 80 SA. — Governor general exercises powers of crown 251 represents crown in person 251 INDEX 323 Obown — Contxwued. tenure at pleasure of crown 251 Legislation reserved for assent of crown . . 270 Powers to admit new members 299 to appoint governor general 251 to disallow legislation 270-271 to instruct governor general re legisla- tion 270 Relation to executive govern- ment 251 to federation 249 to parliament: part of 253 Crown Officials: N.— Established 29, 31 NZ. — Audit customs duties revenue 99 Currency : A. — Legislation re currency restricted 236 N. — Legislation re currency- restricted 26 Debts: A. — State debts assumed by Commonwealth 229, 234, 242 C. — Provinces liable for por- tions of debts ... 183 Provincial debts assumed in part by Domin- ion 182, 183 SA. — Colonial debts assumed by the Union ... 290 Delegation of Power: A. — Appointing power of gov- ernor general dele- gated 222-223 NZ. — Governor exercises dele- gated powers of crown 109 SA. — Appointing power of governor general delegated ... 253 Governor general exercises delegated powers of crown 251 Demand for Responsible, or Fed- eral Systems of Government: A. — Demand for federation . . 201 C. — Demand for federation . . 153 N. — Demand for responsible government . . . .52-^54 NZ. — Demand for responsible government 122 SA. — Demand for federation . . 249 Departments: A. — Established by governor general 222 Heads appointed by gov- ernor general . . . 222 Transferred from state civil service to Com- monwealth 223,228-229 SA. — Established by governor general 252 Heads appointed by gov- ernor general . . . 252 Ministers of state, title accorded depart- ment heads 252 Deputy Governors General, ap- pointed by governor general (C) 156-157 Disallowance of Legislation: A. — Crown, power to disallow legislation by par- liament 221 C. — Crown, power to disallow legislation by par- liament 166 Provincial legislation sub- j ect to disallow- ance 174-175 N. — Crown, power to disallow acts of council 10, 95, 97 NZ. — Crown, power to disallow acts of legislative council (1840) and general assembly (1852) 95, 97 SA. — Crown, power to disal- low legislation ap- proved by ; gov- ernor 270-271 District Boards, educational property in provinces trans- ferred (NZ) 146 Dominions, historical risumi 308 Duties: A. — Collection of customs du- ties transferred to Commonwealth 223, 229 324 INDEX Duties — Continued. Legislation re customs du- ties restricted 215,229 States legislation and powers superseded in part 230 receipts from customs duties subject to audit by Com- monwealth ...232-233 shares in Common- wealth customs revenue 230, 231 Western Australia given special considera- tion 231-232 C. — Provincial customs legisla- tion revised by parliament 185 N. — Customs officials' privi- leges 30 NZ. — Customs revenues audited by crown officials 99 Elections: A. — Parliament conflicts between house and senate fol- lowed by new elections 219-221 disputed elections set- tled by the respec- tive houses. .. .214-215 Rep resentati ves elections to be called within ten days of expiry or dissolu- tion 211 governor general is- sues calls for elec- tions 211 regulations for elec- tions fixed in part by constitution . . 211 single voting only ... 211 Senate elections within ten davs of dissolu- tion 206 procedure to be uni- form in all states 206 regulations, fixed in part by constitu- tion 205 subject to legislation by parliament 205, 206 results certified by state governor to governor general 205, 207-208 single voting only . . . 205 vacancies, filled by elections for un- expired terms . . . 207 preceded by elec- tions to fill places 207 States governors call elections for senators .... 206 parliaments regulate elections, of rep- resentatives 210 of senators 206 C. — Elections in hands of pro- vincial legislatures and administra- tions 163-164 N. — Assembly disputed elections heard by gov- ernor 42 electoral districts fixed by constitution 40-41 expenses put upon candidates under responsible gov- ernment 54 place and time fixed by governor . . . .41-42 regulations fixed by governor 8, 20, 21, 41, 43 simultaneous 50 votes by writing in absentia 42 NZ. — Governor, powers re elections provincial councils 80, 82, 83 provincial superin- tendents 79, 80 representatives 91, 92 Provincial councils, powers of general assem- bly re elections... 102 Representatives, election rules 91, 92, 101 Ontario and Quebec, election rules for legisla- tive assembly .... 173 Queensland, special rules re senatorial elec- tions 205 SA. — Governor general to fix day for all elections 261 to frame rules for elections by pro- portional repre- sentation 295 Provinces election laws adopted for elections of federal house of assembly 260-261 INDEX 325 Elections — Continued. rules lor provincial council elections.. 273 Senatorial elections regu- lated by governor general 256 Executive Council (cp. Council) : C. — Relations of lieutenant governor to the executive council in the provinces.. 169 New Brunswick and Nova Scotia, composi- tion unaltered . . . 168 NZ. — Existence and action prior to 1854 ..14 et passim Reconstruction as pre- requisite to re- sponsible govern- ment 125,127-129,130, 131, 133, 137, 140-141 Ontario and Quebec, com- position, special rules 168 SA. — Appointment of members by governor gen- eral 252 Established 252 Members are ministers of state 252 Oath of office before gov- ernor general . . . 252 Power to advise governor general re ap- pointments and certain executive acts 253 Principle of 252 Executive Government: A. — Appointing power subject to redistribution by the parliament 222 Executive powers of col- onies transferred to the federal ex- ecutive govern- ment 223 Scope of authority of the federal executive government 221 Executive Power (cp. Adminis- trative Power) : A. — Crown retains 221 Exercised by governor gen- eral 221 C. — Crowft retains 155 Executive powers of for- mer province of Canada divided between Ontario and Quebec ..168-169 Surviving powers of pro- vincial executives transferred to fed- eral executive . . . 156 Expenditure : N. — Duties of governor re ex- penditures 25, 30, 32-33 Powers of governor re ex- penditures 10, 15 Warrant of governor nec- essary 15 NZ. — Lands, expenditures on account of 99, 105-106 Warrant of governor nec- essary 96 Warrants of provincial su- perintendents nec- essary 86 Federal District, provision for a (A) 238 Federal Executive Council (cp. Privy Council in Canada) : A. — Appointment of members by governor gen- eral 222 Composition of 222 Established 222 Oath of members before governor general. 222 Power to advise governor general re ap- pointments and certain executive acts 211, 222, 224, 233 Style of " governor gen- eral in council " . . 222 Term of members 222 Title of members as " min- isters of state".. 222 Federal Judicature: A. — Appointment and removal by governor gen- eral 224 Composition 218,223 Jurisdiction subject to regulation by par- liament 218, 226 Organization subject to regulation by par- liament 223, 224 Salaries fixed by parlia- ment 218, 224 Trial by jury in state where offense oc- curred 226-227 326 INDEX Federal Territory: A. — Power of parliament re federal territory. 237 C. — Representation of extra- provincial territory in parliament pro- vided for 197 SA. — Amendments to consti- tution re federal territory restric- ted 306 Appeals to supreme court of South Africa.. 306 Commission 301-304, 306 Finance 304, 305-306 Government provided for 300-306 Governor general, power re federal terri- tory 800 Intoxicating liquor and the natives 305 Natives' lands 305 Prime minister and the government of the territory 301-304 Resident commissioner . . 303 Federation : A. — Consent of Imperial Gov- ernment 201 Demand for • 201 Indemnification of dis- placed office-hold- ers as a prere- quisite .227-228 Legislation by provinces prior to effective- ness of constitu- tion 202 Special considerations for Western Austra- lia 201-202, 210 C. — Consent of Imperial Gov- ernment 202 Demand for 153 Granted 153 Intercolonial railway as a prerequisite 191 SA.— Demand for 249 Nature of 249 Relation to crown 249 Finance: A. — Assistance to states by federal govern- ment 232 C. — Provisions in constitution 181-186 SA. — Union commission on finan- cial relations with the provinces .... 288 consolidated revenue fund, charges against 288 composition 288 created 288 governor general, power over .... 288 controller and auditor general to inspect accounts of rail- way and port op- erations 293 federal territory fi- nances ...304, 305-306 indemnification of cer- tain cities for losses due to re- moval of seats of government ..294-295 railway and harbor funds, composi- tion and purposes 288 created 287-288 Provinces colonial balances trans- ferred to Union 289-292 estimates of expendi- tures of provin- cial executive com- mittees approved by governor gen- eral 288-289 funds paid to prov- inces for education 288 provincial auditor to audit provincial accounts subject to governor gen- eral 280 warrant of provincial auditor necessary for expenditures. 280 Franchise : A. — Parliament 213 Representatives 210-211 Senators 205 States, constitutional ref- erenda 239-240 Algoma, special rules 163, 173 N.— Assembly ... .8, 21, 41, 46, 47 NZ. — House of representatives 92 Provincial councils 81-82 Ontario and Quebec, legisla- tive assembly .... 173 SA. — House of assembly Cape of Good Hope, special rules. .259-260 INDEX 327 Franchise — Continued. imperial troops dis- qualified 260 provincial franchise adopted as stand- ard 260 race and color, special rules ....259-260 subject to regulation by parliament 259-260 Provi n ""d councils 272 Fbee Trade: A. — Established in prospect 230-231 C. — Free trade among prov- inces 185 SA. — Free trade established, subject to regula- tion by parlia- ment 296 Freedom of Debate in Legislature: N.— Council 18 SA.— Parliament 274 General Assembly (cp. Assembly) : NZ. — Appropriations only upon recommen- dation by gov- ernor 95-96 Composition 88 Crown, power to disallow acts 95, 97 Power to audit accounts .... 99 to amend constitution 102 of legislation 95, 101 re natives' lands.. 132, 133 re provincial bound- aries 102 re provincial councils and elections 102 re provincial surpluses 102 to reconstruct repre- sentative system. 101 to review land sales accounts 99 to sell public lands 99, 103 Relation to provincial councils 95 Reserved bills, when ef- fective 98 Reserved bills, when void 98 Governor (cp. Colonial Govebnob, Govebnob Genebal) : N. — Commissioned 5, 16 Council, president of, as governor ...16, 38-39 Duty, to report on condi- tions of colonies 38, 40 re revenues and ex- penditures 25, 30, 32-33 Lieutenant governor acts in absence of gov- ernor 7, 16, 18 Oath of loyalty before council 6-7 Position re responsible gov- ernment. .59-60, 63, 65 Power of administration. . .38, 53 re assembly, elections 8, 20, 21, 41, 43 prorogation and dis- solution 10, 43 re church and re- ligion 11, 33, 34, 36, 37 re civil service, ap- pointments, oaths, suspension .... 10-11, 18, 28-29, 31 re council, composi- tion 7, 19 meetings 17 over education and schools 36 as head of colony and keeper of seal.. 10, 15 over judicial system.. 28 re legislation 10, 36-37 re military and naval affairs ..11-13, 32, 38 of pardon 11, 31 re public lands, sale of 15, 31, 32 Recommendation necessary for appropriations 50 Record of administrative acts reviewable by assembly 25 Relation to civil service 15 to council 18, 38, 53 to other colonies 38 Suggests alternatives to re- sponsible govern- ment 57 Tenure 20 Warrant necessary for ex- penditures 15 NZ. — Crown has power to in- struct re legislation 97 Crown's executive power exercised by gov- ernor 109 Duty re legislation of general assem- bly 97-98, 109-110 Fosters responsible gov- ernment 125 328 INDEX Governor — Continued. Lieutenant governor acts as substitute . . 109-123 Powers of administration 144 of appointment 28, 29, 31, 90 re house of represen- tatives actions of . .92,96,126-127 opposition 90-91 elections . . 91-92, 126-127 prorogation or disso- lution 92, 126-127, 130 of legislation 96 re provincial bound- aries 79 re provincial councils elections 80, 82, 83 actions 83, 87-88 composition 79-80 re provincial superin- tendent, elections 79-80 to instruct 88 Recommendations neces- sary for appro- priations 95-96 Warrant necessary for ex- penditures 96 Governor General (cp. Colonial Governor, Governor) : A. — Appointed by crown 202 Exercises crown's execu- tive power 221 Powers of appointment, dele- gation of 222-223 general 222 special 222, 224, 233 to establish executive departments .... 222 fixed by crown under constitution 204 re house of represen- tatives, dissolu- tion 204, 210, 220 elections 211 re legislation 221 military and naval power 223 re parliament, meet- ings 204 prorogation 204 re senate, dissolution. 220 Relation to federal execu- tive council, re its appointments and actions 211, 222,224,233 Represents crown in Com- monwealth 204 Salary guaranteed as pre- requisite to re- sponsible govern- ment 204 Style of " governor gen- eral in council " . . 222 Substitute at pleasure of crown 204, 238 C. — Crown may instruct gov- ernor general re legislation 166 Powers of appointment 155, 156- 157, 158-159, 161, 167, 169, 180-181 re house of commons dissolution 165 meetings 161 re legislation assent necessary . . . 166 record of assents furnished crown 166 reservation of bills for crown 166 to take oaths of loyalty 155, 168, 186-187 Relation to privy council in Canada 156 Salary 182 SA. — Appointed by crown . . . 251 Colonial governor, powers transferred to governor general. 253 Crown, power to instruct 270 Duty to reserve legislation on certain sub- jects for assent of crown 270 Exercises delegated powers of crown 251 Powers of administration 253, 254, 274, 280, 281, 297 of appointment, gen- eral, including re- movals 253 special ..252, 254, 255, 271, 279, 283, 286, 293, 296, 297 re civil service 276 re consolidated rev- enue fund 288 re elections, propor- tional representa- tion 295 to establish depart- ments 252 to govern federal ter- ritory 300 re House of assembly dissolution 264 elections 261 re legislation, assent.. 270 r e c o m m e n d a t ions, INDEX 329 Governor General — Continued. reservations, re- turns 270 military and naval . . 253 re natives, transferred from colonies 298-299 re parliament, pro- rogation and dis- solution 254 sessions 253 provincial budget sub- ject to approval 28&-2S9 provincial legislation subject to ap- proval 279 re railways and har- bor board 290-291 re senate, dissolution, restricted 254 elections 256 to take oaths of loy- alty 252, 265 Relation to executive coun- cil, advice on ap- pointments 253 Represents crown in Union 251 Salary fixed by constitu- tion and legisla- tion re same re- stricted 252 Subject to reversal by crown re legisla- tion 270-271 Substitutes 252, 276 Tenure at pleasure of crown 251 Granting of Representative, Re- sponsible or Federal Systems of Government: C. — Federal system granted . . 153 N. — Representative system granted 8, 21 Responsible system granted 52 NZ. — Representative system granted 78 Responsible system granted.. 110, 119, 125 High Court (cp. General Court of Appeal, Supreme Court of South Africa) : A. — Appeals to crown from high court re- stricted 225 from state supreme courts transferred to high court 224-225 Appeals to high court appellate jurisdiction defined; subject to regulation by parliament 224 from interstate corn- mission on points of law 224 Composition 223-224 Original jurisdiction de- fined 225-226 Power of parliament to increase original jurisdiction 226 Style of the federal su- preme court 223 Historical Resumes: Australia, Commonwealth of. . 200 Canada, Dominion of 152 The Dominions 308 Newfoundland 2 New Zealand 72 South Africa, Union of 244 House of Assembly (cp. House of Commons, House of Represen- tatives) : SA. — Composition 257-259 Elections provincial laws adopt- ed for regulation of 260-261 simultaneous on day fixed by gov- ernor general . . . 261 Franchise Cape of Good Hope, special rules. 259-260 imperial troops dis- qualified 260 power of parliament to regulate . . 259-260 provincial requirements adopted as stan- dard 260 race and color, spe- cial rules 259-260 Governor general, power to dissolve 264 Joint session with senate 268 Loss of seat 267 Parliament, power to fix privileges and im- munities 268 Penaltv for illegal sit- ting 267 Qualifications of mem- bers 264, 266-267 Quorum and rules of pro- cedure fixed in 330 INDEX House of Assembly — Continued. part by constitu- tion 265 Relation to parliament, constituent part . . 253 Representative system basis of electoral dis- tricts 262 commission for the establishment and revision of elec- toral districts in provinces, compo- sition and rules of action 261-263 original provinces, spe- cial rules 257-259 parliament, power to regulate represen- tation 259 revision of electoral districts after censuses 262 rules for increase of representation 258-259 Resignations 265 Revenue and appropria- tion bills originate in house of as- sembly 268 Salaries 267-268 Speaker elective, with substi- tute 264-265 loss of seat, removal, resignation 264 Term 264 House op Commons (cp. House of Assembly, House of Represen- tatives^ : C. — Appropriation and revenue bills originate in house of commons 166 Appropriations only upon recommendation of governor general . . 166 Composition .... 161, 162-163, 165-166 Elections in hands of pro- vincial legislature and administra- tions 163-164 Governor general, power over to call 161 to dissolve 165 Qualifications of mem- bers 161, 163 Quebec, special rules re representation . . . 165 Quorum and rules of pro- cedure fixed in part by constitu- tion 164 Representative system electoral districts in provinces 162-163 revision of quotas after censuses by par- liament 165-166 Speaker elected 164 powers and duties 164-165 Term fixed by constitution 165 House of Representatives (cp. House of Assembly, House of Commons) : A. — Composition subject to regulation by par- liament .. 209, 210, 237 Elections calls for elections within ten days of dissolution or expiry 211 regulations fixed in part by constitu- tion 211 single voting only ... 211 Franchise 210-211 Governor general, power to dissolve 204, 210, 220 Governor general to call elections 211 Loss of seat 212 Qualifications of mem- bers 211-212 Quorum and rules of pro- cedure fixed in part by constitu- tion 212 Racial disfranchisement in states, effect on state quota . .209-210 Representation, special rules re original states 209 Resignations 212 Senate, conflicts with, re- solved by new elec- tions and joint sessions 219-221 Speaker election, loss of office, removal, resigna- tion 212 power to vote 212 State parliament's power to regulate elec- tions 209-211 INDEX 331 House of Representatives — Cont. Terra 210 Vacancies 211 NZ. — Composition 91 Elections 91, 92, 101 Franchise 92 Governor, power of re actions of house 92, 96, 126-127 re composition of house 90-91 re elections 91-92, 126-127 to fix place and time of meeting 92, 126-127 to prorogue or dissolve house 92, 126-127, 130 Oath of loyalty 93 Qualifications for mem- bers 92 Resignations and loss of seat : vacancies . . 93-94 Rules of procedure fixed by house 94-95 Speaker elective 93 Term fixed by constitu- tion 91 Imperial Government: A. — Consent to federation .... 201 C. — Consent to federation .... 153 Dominions, naturalization by, not reviewable by Imperial Govern- ment 310 N. — International relations in its hands 55 Intervention against rev- enue obstruction urged 58, 60 NZ. — Appeal to, in disputes between general assembly and gov- ernor 138 Consent necessary for re- sponsible govern- ment 111-112, 120 Review of certain legisla- tion by imperial parliament . . . 102, 150 Imperial Questions: A. — Commonwealth legislation effective on impe- rial ships 202 C. — Relation of Dominion to imperial treaties. 188 NZ. — Colonial legislation lim- ited by imperial treaties 98 Imperial interests pro- tected under re- sponsible govern- ment 132-133 Indemnification of Displaced Officials: A. — Prerequisite to federa- tion 227-228 N. — Prerequisite to responsi- ble government . . 53 NZ. — Abolition of provinces . . 148 Upon establishment of re- sponsible govern- ment ...111, 130-131, 134, 136 SA.— Provided for 297-298 Instructions: C. — Crown, instructions to gov- ernor general re legislation 166 NZ. — Crown, instructions to governor general re legislation 97 Crown, instructions to leg- islative council . . 74-75 Instructions from gov- ernor to provincial superintendents . . 88 SA. — Crown, instructions to governor general re legislation 270 Intercolonial Railway: C. — Duty of Dominion to com- mence construc- tion 191-192 Prerequisite to federation 191 International Relations: A. — Suits involving treaties and foreign representa- tives included in original jurisdic- tion of high court 225 C. — Position of Dominion in international rela- tions 188 N. — Imperial Government in control 55 NZ. — Legislation to accord with imperial treaties. . 98 SA. — Union to assume certain international ob- ligations 299 Interstate commission: A. — Appeals to high court on points of law . . . 224 Established 233 Members appointed by governor general 233 332 INDEX Interstate Commission — Continued. Powers fixed by parlia- ment for admin- istration of con- stitution and laws re trade and com- merce 233 Removal of members .... 234 Salaries fixed by parlia- ment 234 Term of members 234 Judges: A. — Appointed by governor general 224 Removal by governor gen- eral on address from parliament. 224 Salaries fixed by parlia- ment 218, 224 C. — Appointment of judges in provinces by gov- ernor general 180-181 Tenure 181 Judicial Power, organization of (C) 180-181 Jury, trial by, in state where offense was committed (A) 226-227 Justice, Administration of: Cape of Good Hope, special rules 296-297 N. — Powers of governor 228 SA. — Organized under a min- ister of state ... 296 Lands, Sale and Purchase: C. — Lands and mines retained by provinces. .182-183 N. — Powers of governor. .15, 31, 32 NZ. — Canterbury Association lands and rights protected 106-107 General assembly, powers of re purchase and sale of lands 99, 103 to review land sales accounts 99 Native land purchased only by crown . . 104, 132-133 Otago Association lands and rights pro- tected 107-109 Revenues and expendi- tures on account of 99, 105-106 Language Question: C. — Languages available in par- liament and courts 188 The Dominions, language equality 310 SA. — English and Dutch offi- cial languages 296, 298 Laws, texts in English and Dutch 271 Records of provincial ordinances in Eng- lish and Dutch . . . 279 Law of England: A. — Privileges and immunities of members of the parliament fixed by British con- stitution 215 C. — Constitution accords in principle with law of England.. 153, 157 Powers of parliament lim- ited by powers of British p a r 1 i a - ment 157, 195 N. — Legislation to accord with law of England 9, 23 NZ. — Legislation to accord with law of Eng- land 75, 84, 95 Local conditions justify variation from .... 75 Legislation (cp. Appropriations, Reserved Bills) : A. — Appropriations only on recommendation of governor general. 219 Colonies, legislation under federation prior to effectiveness of constitution 202 Crown, power to disallow legislation by par- liament 221 Federal legislation su- preme over state legislation in case of conflict 202, 206, 235 Imperial shipping, effec- tiveness of Com- monwealth legisla- tion on 202 Reserved bills, when ef- fective 221 Restrictions on re civil list 204 re customs duties 215, 229 Revenue bills omnibus legislation for- bidden 219 Legislation — Continued. originate in lower house 218 riders forbidden 219 C. — Assent of governor general necessary 166 Crown may instruct gov- ernor general re legislation 166 Record of assents to leg- islation from crown 166 N. — To accord with the law of England 9, 23 Appropriations only on recommendation of governor 50 Crown power re legislation . . 10 prior consent neces- sary in certain cases 21-23 record of legislation furnished 9, 26-27 Lieutenant governor, power re legislation re- stricted 39 Military and martial law made by governor 37 Obstruction in assembly pending responsi- ble government 56, 57, 60, 62 Private acts procedure specified 24 Procedure outlined 9, 24 Recommendations for cer- tain legislation 28, 35, 36 Restrictions on re currency 26 re forms of laws 22 re subjects forbidden under forms .... 23 Style of laws 21, 25 Suspension clause neces- sary in certain laws 21, 24 NZ. — To accord with law of England 75 Crown, power to instruct governor 97 Limited by imperial inter- national obligations 98 Local conditions justify variation from law of England 75 Naturalization 89 Obstruction pending re- sponsible govern- ment 126, 127 Provinces governor, power over. 87 record of assents. 87-88 INDEX 333 reserved bills, subjects 87 when effective 87 when void 88 restrictions, certain subjects 107 superintendent, power of 87 Reserved for assent of crown, bills re certain subjects 102, 150 Responsible government, legislation by im- perial parliament not necessary to establish Ill, 112 Restrictions on, re certain subjects 100 Review of certain colonial legislation by im- perial parliament 102, 150 Quebec, legislation by legisla- tive assembly re electoral divisions restricted 171 SA. — Appropriations only on recommendation of governor general. 269 Colonial legislation con- firmed 295-296 Crown, power to disal- low 270-271 Federal law supreme over provincial law in case of conflict . . 278 Governor general crown, power to in- struct 270 duty to reserve cer- tain bills for as- sent of crown . . . 270 powers re legislation in Union 270 powers re legislation in provinces 279 Languages, laws in Eng- lish and Dutch . . 271 Provinces, power to rec- ommend legisla- tion to parlia- ment 278 Provincial ordinances, re- served, when ef- fective 279 Provincial ordinances in English and Dutch 279 Reserved bills, when ef- fective 271 Restrictions on re appeals to crown 284-285 re appropriations .... 269 334 INDEX Legislation — Continued. re salary of governor general 252 Revenue and appropria- tion bills origi- nate in house . . . 268 Senate, power on revenue and appropriation bills restricted ... 269 Legislative Assembly: Ontario and Quebec, election rules 173 Franchise 173 Lieutenant governor power to call 172 power to dissolve .... 173 Qualifications of mem- bers 172-173 Quorum and rules of pro- cedure 173-174 Sessions 173 Speaker, election and pow- ers 173-174 Term 173 Quebec, composition 171 Powers of legislation re- stricted 171 Legislative Council: NZ. — Appointment by crown 74, 88 Composition 76 Crown, power to instruct 74-75 Disallowance of legisla- tion by crown ... 95, 97 Power of legislation 74, 76-78 Qualifications of members 89 Quorum hxed by constitu- tion 90 Resignations, loss of seat 89-90 Rules of procedure 90, 94-97, 101 Speaker 90 Tenure 74, 89 Quebec, appointed by lieuten- ant governor .... 170 Composition 170 Qualifications of mem- bers 170, 186 Quorum and rules of pro- cedure 171 Resignations, loss of seat 170-171 Rules of procedure out- lined by lieutenant governor 171 Speaker appointed by lieu- tenant governor.. 171 Speaker's power 171 Legislative Power (cp. Con cur- bent Powers) : A. — Governor general assent or refuse assent 221 recommendations 221 Parliament exclusive legislative powers 230 legislative power vested in 203 legislative powers de- nned in detail 215-218 Senate, power re revenue and appropriations restricted 218-219 C. — Distributed between Do- minion and prov- inces 175-180 Organization of 157-167 Parliament re education in prov- inces 179 limited by powers of British p a r 1 i a - ment 157, 196 new provinces, estab- lishment of 194 new provincial institu- tions 194 powers self-defined 157, 196 privileges and im- munities of mem- bers 157, 196 provincial boundaries, alteration of.. 194-195 representation of ex- tra-provincial ter- ritory 197 representation of new provinces 194 scope of powers .. 175— 177 re uniform laws in provinces 179-180 Provinces, scope of legis- lative powers .177-178 N. — Assembly, powers of leg- islation 6 Council, powers of legisla- tion ..6, 10-11, 28, 37 Governor 10, 36-37 NZ. — General assembly, pow- ers of legislation 95, 101, 102, 132, 133 Governor 98 Legislative council . . 74, 76-78 Provincial councils re appropriations .... 86 re general legislation 84 re local government.. 103 Provincial superintendents 84, 86, 87 INDEX 335 Legislatures : C. — Provincial legislatures . 170-175 Provincial legislatures, members take oaths of allegiance before governor general or lieuten- ant governor. .186-187 New Brunswick and Nova Scotia legislatures left intact at fed- eration 174 Quebec, comparison of legis- lature 170 Lieutenant Govern oe: A. — Substitute for governor in certain cases . . 109-123 C. — Appointed by governor general 167, 169 Oath of loyalty before gov- ernor general . . . 168 Office established in prov- inces 167 Relations to executive councils in prov- inces 169 Salary fixed by Dominion parliament 168 Substitute for governor in certain cases . . 186-187 Tenure and term 167-168 N. — Oath of loyalty before council 7 Power of appointment and legislation re- stricted 39 Salary when acting as governor 39 Substitute for governor in certain cases 7, 16, 18 Ontario and Quebec, powers of lieutenant governor Appointments 188-189 Departments, to fix duties and powers ..188-189 Legislative assembly to call sessions of.... 172 to dissolve 173 Quebec, powers of lieutenant governor to Appoint legislative council 170 Establish local townships and fix boundaries 191 Liquor: A. — Power of states re intoxi- cating liquors com- plete 236 SA. — Regulations re intoxicat- ing liquors in fed- eral territory . . . 305 Local Government: C. — Subdivision of provinces.. 162 NZ. — Power of provincial coun- cils over muni- cipal corporations 103 Municipal corporation cre- ated 102-103 Quebec, established by lieuten- ant governor 191 SA. — Power of parliament and provincial councils over local govern- ment 280 Provinces, local government institutions . .277-280 Military and Naval Powers: A. — Power of governor gen- eral 223 States, no military or naval powers 236 C. — Military and naval powers in the Dominion.. 157 N. — Powers of governor 11-13, 32, 38 SA. — Powers of governor gen- eral 253 Military Forces: A. — States, no military or naval forces 236 N. — Crown furnished record of standing forces 37 Governor, power of re.. 11-13 Ministers of State: A. — Power of parliament to fix offices 222 Salaries provided 222 Style of members of federal executive council. 222 Term 222 SA. — Minister of state at head of administration of justice 296 Must be members of par- liament 252-253 Right to speak in both houses 266 Style of heads of depart- ments and mem- bers of executive council 252 Natives (cp. Race): A. — Not counted in popula- tion 239 INDEX Natives — Continued. NZ. — Crown given special care of ..103-104, 132-133 General assembly, power re lands 132, 133 Lands purchased only by crown ...104, 132-133 SA. — Intoxicating liquor in federal territory . . 305 Lands 305 Relations with, management transferred to gov- ernor general 298-299 Representation of inter- ests in senate . . . 254 Reservations of lands .. 298-299 Naturalization : A. — By Commonwealth, state, or colony 212 C. — By Dominion and prov- inces 158-159 Dominions, naturalization by, not reviewable by Imperial Govern- ment 310 NZ. — Naturalization legislation 89 SA. — Naturalization by col- onies effective in Union 296 Negotiations for the establish- ment of responsible govern- ment (NZ) 131-132 New Brunswick and Nova Scotia: Executive council, organiza- tion left intact.. 168 Legislatures left intact 174 New Elections: N. — As preliminary to estab- lishment of re- sponsible govern- ment 68 NZ. — As preliminary to estab- lishment of re- sponsible govern- ment 115, 117, 118, 121 New Ministry under responsible government given time to or- ganize (NZ) 115, 117, 121 New Zealand: Boundaries 109 Historical riaumi 72 Newfoundland : Boundaries 5 Historical re'sume' 2 Special rules re admission to Dominion 192 Oath of Allegiance: A. — Administered to executive councillors by gov- ernor general . . . 222 C. — Lieutenant governor, oath of loyalty before governor general. 168 Parliament and provincial legislatures, mem- bers take oaths of allegiance before governor general or lieutenant gov- ernor 186-187 Privy council in Canada, members take oath of loyalty be- fore governor gen- eral 155 N. — Assembly, members take oath of loyalty before governor.. 8-9 Civil service, officials take oath of loyalty before governor 10, 18 Council, members take oath of loyalty before governor 7 Governor, oath of loyalty before council . . . 6-7 Lieutenant governor, oath of loyalty before council 7 NZ. — House of representatives, members take oath of loyalty before governor 93 SA. — Executive council, mem- bers sworn in by governor general. 252 Parliament, members sworn in by governor general 205 Obstruction in Legislation: N. — By assembly pending es- tablishment of re- sponsible govern- ment ..56, 57, 60, 62 Imperial Government urged to intervene . . . .58, 60 NZ. — Pending establishment of responsible govern- ment 126, 127 INDEX 337 Ontario axd Quebec: Executive council, composition, special rules 168 Lieutenant governor civil service, power to ap- point members of 188-189 departments, power to fix duties and pow- ers 188-189 legislative assembly, power to summon 172 Province of Canada division of debts between Ontario and Que- bec 191 executive power divided between Ontario and Quebec ..168-169 Ordinances in Provinces: SA. — Federal legislation supe- rior to, in case of conflict 278 Governor general, power to assent to, with- hold assent, or re- serve for further consideration 279 Ordinance powers of colo- nial government transferred to pro- vincial executive committees 275 Record kept in English and Dutch 279 Regulation of ordinance power by parlia- ment 276-277 Reserved ordinances, when effective 279 Scope of ordinance power 276-277 Original Province (cp. Original State) : SA. — Parliament, power to regulate repre- sentation of .... 259 Representation, special rules 257-259 Senators elected by 254 Original State (cp. Original Province) : A. — Representation, special rules house of representa- tives 209 senate 205 Style, meaning of 202 Otago Association, lands and rights protected (NZ) 107-109 Ottawa, seat of government of Dominion of Canada established at 157 Pardon Power vested in governor (N) 11, 31 Parliament: A. — Address of parliament for removal of judges 22-4 Composition 203-204 Conflicts between houses re- solved by dissolu- tion, elections and joint sessions 219-221 Disallowance of legislation by crown 221 Disputes re elections and qualifications de- cided by houses 214, 215 Exclusive jurisdiction over certain subjects 218,230 Franchise 213 Loss of seat 214 Meetings within month of elections 204 Penalty for illegal sitting 214 Power of legislation vested in 203 Powers to alter state bound- aries 237 to determine offices of ministers of state 222 powers of interstate commission .... 233 quorums in house and senate. .208, 212 salaries of judges 218, 224 salaries of members of interstate commission . . . 234 to govern federal ter- ritory 237 to grant financial as- sistance to states. 232 to increase original jurisdiction of high court 226 of legislation defined in detail 215-218 to organize federal judicature .. . 223, 224 to redistribute ap- pointing power of executive 223 338 INDEX Parliament — Continued. to regulate appellate jurisdiction of high court 224 commerce 233 composition of house of representa- tives ..209, 210, 237 composition of sen- ate 205, 237 elections for sen- ate 205, 206 jurisdiction of fed- eral courts . . .218, 226 suits against Com- monwealth and states 226 to specify conditions of admission of new states 237 Privileges and immunities of members fixed according to Brit- ish constitution . . 215 Prorogation by governor general 204 Qualifications of mem- bers 213-214 Relation to crown 203-204 Rules of procedure fixed by houses 215 Salary of members 215 Seat of government, ex- clusive jurisdic- tion of parliament 218 location and choice of location by par- liament 238 Senate, part of parliament 204 Sessions to be annual . . . 205 Styles: the parliament, the parliament of the Commonwealth . . 204 Time of meeting set by governor general. 204 C. — Composition 157 Languages available 188 Oatns of allegiance taken by members . . 186-187 Powers to alter provincial boundaries . . . 194-195 to appropriate moneys from consolidated fund 182 re education in the provinces 179 to establish new prov- inces and provin- cial institutions.. 194 re executive powers of the Dominion . . . 156 to govern extra-pro- vincial territory.. 194 limited by powers of British parliament 157, 196 re privileges and im- munities of mem- bers 157, 196 to provide representa- tion for extra- provincial terri- tory 197 to provide representa- tion for new prov- inces 194 to regulate quorum for senate 161 to regulate salaries of judicial officials .. 181 to regulate salary of lieutenant gov- ernor 168 to revise quotas for house of commons after censuses 165-167 scope of legislative power 175-177 self-defined 157, 196 re uniform laws in provinces 179-180 SA. — Approval necessary for construction of railways and ports 290 Composition 253 Conflicts of senate and house resolved by joint sessions 269-270 Joint sessions of house and senate 268 Meetings at Cape Town.. 254 Oaths of allegiance taken by members 265 Powers to alter boundaries of provinces 299 to amend constitution 300 to determine composi- tion of senate .... 255 own powers 268 powers of public service commis- sion 297 privileges and im- munities of mem- bers 268 rules of procedure under constitu- tion 268 salaries of judges of supreme court 283 salary of provin- cial auditor ... 280 INDEX 339 Parliament — Continued. over local government in provinces 280 to petition crown re admission of new members to Union 299 to redistribute power of appointments.. 253 to regulate actions of provincial auditor 280 civil service in prov- inces 276 free trade arrange- ments 296 ordinance power of provincial coun- cil 276-277 representation of original prov- inces in house of assembly . . . 259 scope of 250-251, 268 Prorogation and dissolu- tion by governor general 254 Sessions to be annual .... 254 Time of meeting fixed by governor general . 253 Party Conflicts and responsible government (NZ) 122, 128, 129 Payment of Members established under responsible government (N) 54 Pensions and Allowances for state officials taken over by Commonwealth (A) 228 Prerequisites for Responsible Gov- ernment or for Federation: A. — Civil list provided for, in- cluding salary of governor general, as prerequisite to federation 204 Indemnification of dis- placed office-hold- ers demanded un- der federation 227-228 C. — Intercolonial railway agree- ment prerequisite for federation . . . 191 N. — Civil list required at grant of responsible gov- ernment 54 General statement of pre- requisites for re- sponsible govern- ment 53 Increase in size of assem- bly prerequisite to responsible govern- ment 53, 54, 57, 58, 67 Indemnification of dis- placed office-hold- ers at establish- ment of responsi- ble government.. 53 Reorganization of council necessary under responsible gov- ernment ... .54, 68, 69 NZ. — Civil list required under responsible gov- ernment 99 General statement of pre- requisites for re- sponsible govern- ment ..110-112, 114, 115, 119, 120, 130, 131, 134-136 Reconstruction of execu- tive council under responsible govern- ment 125,127-128,130, 131, 133, 137, 140-141 SA. — Salary of governor gen- eral provided for under federa- tion 251-252 President of the Senate (cp. Speaker) : A. — Election of president and substitute by sen- ate 208 Notification of vacancies in senate by presi- dent to state gov- ernors 208 Power to vote in all cases 209 SA. — Election of president and substitute by senate 256-257 Resignation, removal, loss of office 256 Voting power 257 Prime Minister, share in govern- ment of federal territory (SA) 801-304 Prince Edward Island, special rules re admission to Dominion 192-193 Prior Consent of Crown neces- sary for legislation in certain cases (N) 21-23 340 INDEX Private acts: N. — Private acts procedure specified 24 SA. — Power of provincial councils re private acts in the par- liament 278 Privy Council in Canada (cp. Federal Executive Council) : Advise governor re appoint- ments and execu- tive acts 156, 167, 169, et passim Appointment and removal by governor general. 155 Establishment of 155 Members take oath of loyalty 155 Relation to governor general.. 156 Proportional Representation: SA. — Adopted for use in elec- tion of senate and provincial coun- cils 295 Provincial executive com- mittee chosen by provincial council by provincial rep- resentation 274,275, 295 Rules for elections of sen- ate and provincial councils to be for- mulated by gov- ernor general . . . 295 Prorogation and Dissolution: A. — Governor general may dissolve house of representa- tives 204, 210, 220 may dissolve senate. . . 220 may prorogue parlia- ment 204 C — Governor general may dis- solve house of commons 165 N. — Governor may prorogue or dissolve assembly 10, 43 NZ. — Governor may prorogue or dissolve house of representatives 92, 126-127, 130 Provincial superintendent may prorogue pro- vincial council ... 83 Ontario and Quebec, lieu- tenant governor may dissolve leg- islative assembly . . 173 SA. — Governor general may dissolve house of assembly 254, 264 may dissolve senate . . 254 may prorogue or dis- solve parliament . . 254 Province (cp. Colony and State) : C. — Appropriations and rev- enue bills only on recommenda- tion 174-175 originate in lower house 174-175 Assent to bills 174-175 Boundaries 154-155 Boundaries subject to al- teration by par- liament 194-195 Census of population pro- vided for 155 Concurrent powers with Dominion re agri- culture and im- migration 180 Customs duties and excise laws revised by parliament 185 Debts assumed by Dominion in part 182, 183 liable for portions of 183 Disallowance of bills. .174-175 Education subject to leg- islation by parlia- ment 179 Elections for house of com- mons controlled by provincial legisla- tures and admin- istrations ....163-164 Electoral districts 162-163 Established 154 Free trade among 185 Funds transferred to Do- minion 182 Governor general, power to appoint judges 180-181 Grants in aid by Dominion 184 Lands and mines re- tained 182-183 Legislation overridden by Dominion legisla- tion in case of conflict 180 Legislatures 170-175 INDEX 341 Province — Continued. Lieutenant governor established 167 relations to executive council in prov- ince 169 Local government, divi- sions of 162 Naturalization 158-159 New provinces added to Dominion 154 note, 192-193 crown, power to admit 192 parliament, power to establish 194 procedure in admis- sion of 192 Oaths by members of legis- lature before gov- ernor general 186-187 Powers of legislation re schools and educa- tion 178-179 scope of 177-178 Powers of provincial execu- tives transferred to Dominion ex- ecutive 156 Public works transferred to Dominion .... 182 Reserved bills 174-175 Seats of government .... 169 Subventions from Domin- ion for civil list.. 184 NZ.— Abolished 143-144 Boundaries general assembly, power of 102 governor, power of . . 79 Councils appropriations only on recommendation of superintendent . . 86 created 79 elections 80 franchise 81-82 powers, re legislation 84 over local govern- ment 103 qualifications of mem- bers 81-82 quorum fixed by con- stitution 85 resignations, loss of seat 82 rules of procedure ... 85 sessions 83 speaker, election and powers 85-87 term 83 Educational property transferred to dis- trict boards 146 Established 79 Indemnification of dis- placed office-hold- ers at abolition of provinces 148 Legislation governor, power over. 87 reserved bills, record of assents of gov- ernor 87-88 subjects reserved for assent of governor 87 superintendent, record of assents 87 when reserved bills ef- fective 87 when reserved bills void 88 Local government, power of councils over . . 103 Officials, powers trans- ferred 145-147 Provincial districts, sub- stituted for prov- inces 143, 147 Superintendents created 79 elective; power of gov- ernor 79 powers, re composi- tion of council . . 82 re legislation. .84, 86, 87 re meetings of coun- cil 83 to prorogue council 83 transferred 144,147 removal by crown ... 80 resignation 79-80 warrants for expendi- tures 86 Surplus revenue, shares of 101 Titles to property trans- ferred 145 SA. — Boundaries subject to al- teration by par- liament 299 Civil service governor general, power to provide 276 members appointed by provincial execu- tive committee . . 276 Crown, power to admit new provinces to Union 299 Education, funds provided by Dominion .... 288 Election laws adopted for federal elections 260-261 342 INDEX Province — Continued. Electoral districts, com- mission for estab- lishment and re- vision of 261-263 Finance, commission on re- lations of Union and provinces . . . 288 Franchise for lower houses adopted for fed- eral house of as- sembly 260 Governor general to ap- point attorneys general 296 Legislation requires assent of governor gen- eral 279 Local government institutions provided 277, 280 power of parliament and provincial council 280 Parliament, power to regu- late civil service. . 276 Principle of 249 Seats of government de- termined by con- stitution 280 Senate, election of mem- bers from prov- inces 255 Style applied to former colonies 251 Provincial Administrator: SA. — Appointed by governor general 271 Appropriations from pro- vincial revenue fund only on rec- ommendation .... 278 Deputy administrator . . . 272 Established 271 Powers to act for governor general 276 to act for provincial ex- ecutive committee 275 to participate in pro- vincial council meetings 275 to vote in provincial executive committee 276 Principle of the office . . . 271 Provincial council power to fix meetings 273 power to prorogue 273-274 Provincial revenue fund, moneys paid out only on warrant of provincial ad- ministrator 278 Qualifications 271-272 Removal 272 Salary 272 Term 272 Provincial Auditor: SA. — Appointed by governor general 279 Established 279 Powers to audit provin- cial accounts .... 280 Removal 280 Salary fixed by governor general 280 Warrant necessary for provincial expen- ditures 280 Provincial Council (cp. State Parliament) : NZ. — Appropriations only on r e c o m mendations of superintendent 86 Created 79 Elections 80 Franchise 84 General assembly, rela- tions to; elections, shares of sur- plus 95, 102 Governor, powers of re actions of coun- cils 83, 87-88 re elections 80, 82, 83 re membership 79-80 Legislation restricted .... 107 Powers, of legislation ... 84 over local government 103 re rules of procedure 85 Qualifications of members 81-82 Quorum fixed by constitu- tion 85 Resignations, loss of seat 82 Sessions 83 Speaker, election and du- ties 85 Superintendent, powers of re composition of coun- cil 82 re meetings of coun- cil 83 to prorogue council . . 83 Term 83 SA. — Chairman, election of . . 274 Composition 272 Disqualification, loss of seat, penalty for illegal sitting ... 273 Election rules 273 INDEX 343 Provincial Council — Continued. Established 272 Franchise 272 Freedom of debate and vote 274 Meetings, time fixed by provincial admin- istrator 273 Powers of appropriation from provincial revenue fund 278 over local government 280 ordinance power ..276-277 re private acts in par- liament 278 to recommend legis- lation to parlia- ment 278 re salaries of pro- vincial executive committee 274 Provincial administrator participates in meetings 275 Provincial executive com- mittee partici- pates in meet- ings 274, 275, 295 Qualifications 272 Rules re representation in senate 255 Senate election 255 term 255 to fill vacancies 255 Term of members 273 Provincial District substituted for province (NZ; 143, 147 Provincial Executive Committee: SA. — Composition 274 Election bv provincial council ..274, 275, 295 Governor general must approve esti- mates 288-289 Powers to appoint members of civil service. . . 276 ordinance power 275 to participate in pro- vincial council meetings 275 rules of procedure, to fix 275-276 Principle of 275 Provincial administrator, powers to act for provincial executive committee 275 to vote in committee 276 Salaries fixed by provin- cial council 274 Term 274 Vacancies filled by pro- vincial council . . . 275 Provincial House of Assembly: SA. — Franchise taken as stand- ard for elections for house of as- sembly 260 Powers of, in election of senators 255 Provincial Revenue Fund: SA. — Charges upon 278 Composition 278 Established 278 Moneys paid only on war- rant of provincial administrator . . . 278 Provincial council, power of appropriations over 278 Provincial Superintendent (cp. State Governor) : NZ.— Created 79 Elective; resignations ..79, 80 Powers re composition of pro- vincial council ... 82 re legislation ...84, 86, 87 re meetings of council 83 to prorogue council . . 83 recommendation neces- sary for appro- priations by pro- vincial council ... 86 transferred 144, 147 of warrant for ex- penditures 86 Qualifications 81-82 Record of assents to leg- islation 87 Removal by crown 80 Public Service Commission: SA. — Appointed by governor general 297 Powers of permanent com- mission fixed by parliament 297 Recommendations to be carried out by governor general. 297 344 INDEX Qualifications for Office: A. — House of representa- tives 211-212 Parliament houses decide in dis- putes 214-215 qualifications of mem- bers 213-214 Senate 208 C. — House of commons ...161, 163 Senate 158-159, 161 N.— Assembly 8, 21, 41, 46, 47 Civil service 19 Council 7, 18 NZ. — House of representatives 92 Legislative council 89 Provinces councils 81-82 superintendents 81-82 Ontario and Quebec, leg- islative assemblies 172-173 Quebec, legislative council . . 170, 186 SA. — House of assembly, .... 264, 266-267 Provincial administrator 271-272 Provincial council 272 Senate fixed by governor gen- eral 254 fixed in outline by con- stitution .256, 266-267 Quebec : Legislative assembly composition 171 powers re electoral divi- sions restricted . . 171 Legislative council appointed by lieutenant governor 170 composition 170 qualifications of mem- bers 170, 186 resignations, tenure, term 170-171 rules of procedure outlined in constitution . . 171 speaker appointed by lieu- tenant governor.. 171 speaker's powers 171 Legislature, composition 170 Lieutenant governor, power to establish local townships and fix boundaries 191 Representation, special rules for Quebec house of commons 165 senate 158, 159 Queensland, special provisions re elections to Senate 205 Race (cp. Natives) : A. — Effect of racial disfran- chisement in states on quotas in house of representatives 209-210 SA. — House of assembly, fran- chise, special rules re race and color 259-260 Railways : A. — Provisions against dis- crimination in race between states . . 233 SA. — Colonial railway treaty to be carried out 299 Controller and auditor general to inspect accounts of losses in railways and port operations.. 293 Parliament, approval nec- essary for con- struction of rail- ways and ports . . 290 Principles of administra- tion 291 Railways and harbors board appointed by governor general 290-291 composition 290-291 powers, to approve new works .... 292 to manage railways and ports 290 removals, salaries, term 290-291 Railways and harbors fund created 287-288 Rates to be uniform 292 Subsidies for unprofitable works 292-293 Referendum: A. — Constitutional amendments, referenda upon 239 State boundaries, changes in 237 Removal from Office: A. — House of representatives, speaker 212 Interstate commission, members 234 Judges removable by gov- ernor general 224 INDEX 345 Removal from Office — Continued. C. — Privy council in Canada, members 155 N. — Council, members 7, 17-19 NZ. — Provincial superintendent 80 SA. — Controller and auditor general 293-294 Executive council to ad- vise governor re removals 253 Governor general, power of removals 253 House of assembly, speaker 264 Provincial administrator.. 272 Provincial auditor 280 Railways and h a r b o rs board, members 290-291 Senate, president 256 Supreme court of South Africa, members. 283 Representative Government: N. — Anticipated 3-4, 9 Established 4-51 Granted 8, 21 NZ.— Established 78-110 Granted 78 Reserved Bills: A. — Governor general, power to reserve bills for crown 221 Reserved bills, when ef- fective 221 C. — Governor general, power to reserve bills for crown 166 Provinces, reserved bills in 174-175 Record of assents to re- served bills in Do- minion 167 When effective 167 When void 167 NZ. — General assembly bills on certain sub- jects reserved for crown 102, 150 when effective 98 when void 98 Provinces bills on certain sub- jects reserved for governor's assent. 87 record of governor's assents to re- served bills 87-88 when effective 87 when void 88 SA. — Union governor general, power to reserve bills for crown 270 required to reserve bills on certain subjects for crown, including consti- tutional amend- ments 270 reserved bills, when effective 271 Provinces governor general, power to reserve ordi- nances for fur- ther consideration 279 reserved ordinances, when effective . . . 279 Resident Commissioner for Fed- eral Territory, official provided for (SA) 303 Responsible Government: N. — Alternatives suggested ... 57 Demand for 52-54 Election expenses put upon candidates 54 Governor, position re 59-60, 63, 65 Granted 52 Indemnification of dis- placed office-hold- ers 53 New elections to establish 68 Obstruction in legislature pending grant 56, 57, 60, 62 Parties and religion re 55-58, 60, 62, 66, 67 Prerequisites 53 NZ.— Attempted 122 Demanded 122 Governor encourages 125 Granted 110, 119, 125 Imperial and colonial ques- tions re 132-133 Imperial government 111-112, 120 Imperial interests pro- tected 132 Indemnification of dis- placed office-hold- ers Ill, 130-131, 134, 136 Legislation by imperial parliament not necessary to es- tablish 111-112 346 INDEX Responsible Government — Cont. Ministry given time to reorganize 115, 117, 121 Negotiations involved in establishing . . 131-132 New elections to estab- lish.. 115, 117, 118, 121 Obstruction in legislature pending grant 126, 127 Party conflicts and re- sponsible govern- ment 122, 128, 129 Prerequisites ..110-112, 114, 115, 119, 120, 130, 131, 134-136 Principles of ..125, 127-128, 132-133, 135, 139 Sectional interests ..113, 116, 126, 128 Revenue: A. — Riders on revenue bills forbidden 219 Senate forbidden to originate revenue and ap- propriation bills . . 218 power re revenue and appropriation bills restricted 218-219 C. — Revenue and appropria- tion bills orig- inate in house of commons 166 Revenue bills in provinces originate in lower houses 174-175 N. — Governor, duties of, re revenue and ex- penditures 25, 30, 32-33 NZ. — Customs duties revenue subject to audit.. 99 Lands, revenue and expen- diture in purchase and sale ..99, 105-106 SA. — Revenue and appropria- tion bills originate in house of as- sembly 268 Senate, powers re revenue and appropriation bills restricted . . 269 Rotation, schedule of partial re- newal in senate (A) 206, 207 Rules of Procedure: A. — House of representatives, rules fixed by con- stitution 212 Parliament, rules subject to regulation by houses 215 Senate, rules fixed by con- stitution 209 C. — House of commons, rules fixed by constitu- tion 164 Senate, rules outlined in constitution 161 N. — Assembly, rules outlined by constitution . . 43 Council, quorum fixed by constitution 7, 17 Legislation, procedure out- lined by constitu- tion 9, 24 NZ. — House of representa- tives, power to fix rules 94-95 Legislative council, rules fixed by constitu- tion 90, 94-97, 101 Provincial councils, rules fixed by constitu- tion 85-87 Ontario and Quebec, legisla- tive assemblies 173-174 Quebec, legislative council, rules fixed by con- stitution 171 SA. — House of assembly, rules fixed by constitu- tion 265 Parliament, rules outlined in constitution sub- ject to regulation by parliament . . . 268 Provincial council, power to fix rules of procedure 274 Provincial executive com- mittee, power to fix rules 275-276 Senate, rules outlined by constitution 257 Salary: A. — Governor general, salary provided as pre- requisite to fed- eration 204 Interstate commission, salaries of mem- bers fixed by par- liament 234 Judges, salaries fixed by parliament ...218, 224 Ministers of state 222 C. — Governor general 182 Judicial officials, regu- lated by parlia- ment 181 INDEX 347 Salary — Continued. Lieutenant governor, regu- lated by parliament 168 N. — Civil service, salaries and fees to be mod- erate 29 Lieutenant governor, when acting as governor 39 SA. — Governor general, salary fixed by constitu- tion and legisla- tion restricted . . . 252 House of assembly ...267-268 Provincial administrator.. 272 Provincial auditor, fixed by governor gen- eral 280 Provincial council, fixed by governor gen- eral 274 Provincial executive com- mittee, fixed by provincial council 274 Railways and harbors board 290-291 Senate 267-268 Supreme court of South Africa, fixed by parliament 283 Schools and Education: C. — Parliament, powers re edu- cation in provinces 179 Provinces, schools and edu- cation 178-179 Religion, protection for religious interests in schools 178-179 N. — Governor, powers to fos- ter schools and education 36 SA. — Funds paid to provinces for education . . . 288 Seat of Government: A. — Federal district, provi- sions for 238 Location and choice there- of, regulations . . 238 Parliament, exclusive power over 218 C. — Dominion, seat of govern- ment established at Ottawa 157 Provincial seats of gov- ernment 169 SA. — Constitution, seat of gov- ernment located by 253 Indemnification of cities for losses due to removal 294-295 Parliament, place of meet- ing 254 Provinces, seats of gov- ernment 280 Supreme court, place of sitting 285 Sectional Interests: A. — Western Australia.customs duties, special con- sideration 231-232 federation, special rules 201-202, 210 N. — Special rules re admis- sion to Dominion. 192 NZ. — Sectional interests and responsible gov- ernment 113, 116, 126, 128 Prince Edward Island, special rules re admission to Dominion . . 192-193 SA. — Bases of electoral dis- tricts 262 Indemnification of cities for losses due to removal of seats of government 294—295 Senate (cp. Legislative Council) : A. — Composition altered by constitu- tional amendment (1907) 241 fixed by constitution, subject to regu- lation by parlia- ment 205, 237 Elections certificate of results by state governor to governor gen- eral 205, 207-208 constitutional amend- ment 241 rules fixed in part by constitution 205 states, election rules to be uniform . . . 206 subject to regulation by parliament 205,206 vacancies, elections to precede 207 within ten days of dis- solution 206 Franchise 205 Governor general, power to dissolve 220 House of representatives, conflicts with, how resolved 219-221 348 INDEX Senate — Continued. Powers of legislation re revenue and ap- propriations re- stricted 218-219 President election ; election of substitute 208 power to vote 209 Qualifications 208 Quorum fixed by constitu- tion, sub j ect to regulation by par- liament 208 Resignations; loss of seat 208 Revenue and appropriation bills forbidden to originate 218 Rotation of members by partial renewal 206, 207 Rules of procedure out- lined by constitu- tion 209 Single voting in elec- tions 205 States elections called by governors 206 original states, special rules for repre- sentation 205 parliaments, powers to regulate elections 206 Vacancies filled by elections for remainder of terms 207 filled by parliaments or governors of states ad interim. 207 notification by presi- dent or governor general to state governors 208 C. — Appointed by governor general for life 159, 160, 161, 186 Composition 158, 159-160, 192 Membership, additions to 159, 192 Qualifications ....158-159, 161 Quorum, fixed by consti- tution, subject to regulation by par- liament 161 Resignations ; loss of seat 160, 161 Speaker, named by gov- ernor general . . . 161 Vacancies 160, 161 Quebec, special rules re rep- resentation in sen- ate 158, 159 Queensland, special rules re elec- tions of senators 205 SA. — Appointment of certain senators by gov- ernor general 254, 255 Composition original, and final 254-255 power of parliament re final composi- tion 255 Elective members original provinces . . . 254 provinces 255 rules re elections ; powers of provin- cial councils and provincial houses of assembly 255 Governor general to dissolve 254 to regulate elections . . 256 House of assembly, joint sessions with .... 268 Parliament integral part of 253 powers on revenue and appropriation bills restricted 269 privileges and im- munities fixed by. 268 President election of; substi- tute 256-257 power of, to vote .... 257 resignation, removal, loss of oflice 256 Proportional representation used in elections. 295 Provincial council selects senators to fill vacancies; original rule 255 Qualifications in general 254, 256, 266-267 senators named for representation of natives 254 Quorum 257 Resignation, loss of seat, penalty for illegal sitting 257, 267 Rules of procedure out- lined by constitu- tion 257 Salaries 267-268 Term 255 Sessions : A. — Parliament annual sessions 205 joint sessions 219-220 C. — Parliament, annual ses- sions 157 INDEX 349 Sessions — Continued. NZ. — Provincial councils 83 Ontario and Quebec, legisla- tive assembly .... 173 SA. — Parliament annual sessions 254 joint sessions 268 times of sessions fixed by governor general 253 Provincial councils, annual sessions 274 South Africa, Union of (organi- zation) : Boundaries, application of Co- lonial Boundaries Act 251 Colonies civil service transferred to Union 297 debts assumed by Union.. 290 naturalization effective in Union 296 properties and property rights transferred to Union 289-290 rights and obligations under treaties transferred to Union 299 Finance commission on relation be- between Union and provinces 288 transfer of colonial bal- ances to Union 289, 292 Free trade established, sub- ject to regulation by parliament 296 Governor general represents crown in Union 251 Historical re'sume' 244 Justice, organization of the administration 296 Languages, English and Dutch official 296, 298 Legislation superior to pro- vincial legislation in case of conflict 278 New members, power of crown to admit to Union . . 299 Principle: a legislative Union. 250 Railway, colonial treaty to be carried out 299 Supreme court, execution of process of appellate division throughout the Union 286 Speaker: A. — House of representatives election, removal, loss of office, resignation. 212 power 212 C. — House of commons election 164 powers and duties . . . 165 Senate, appointed by gov- ernor general .... 161 NZ. — House of representatives, election 93 Legislative council 90 Provincial councils election 85 powers 85 Ontario and Quebec, legisla- tive assembly, election and pow- ers 173-174 Quebec, legislative council, ap- pointment by lieu- tenant governor, and powers 171 SA. — House of assembly election, loss of office, removal, resigna- tion 264-265 power 265 State Constitutions left intact, subject to amendment in states, except as altered by Common- wealth constitution (A) 234 State Executive Council advise state governor re appointments of senators ad interim (A) .... 207 State Governors: A. — Certify results of elections to governor gen- eral 205, 207-208 Senate (of Commonwealth) call elections in states 206 receive notification or' vacancies 208 vacancies filled by, ad interim 207 Substitutes 235 State Parliaments (cp. Legisla- tive Assembly) : A. — Powers continued as at fed- eration except as altered by Com- monwealth consti- tution 210 re elections, to house of representatives 210, 211 to senate 206 to fill vacancies in senate ad interim 207 350 INDEX States (cp. Colony and Province) : A. — Boundaries, power of par- liament of Com- monwealth to alter 237 Civil service departments trans- ferred to Com- monwealth 223, 228-229 pensions and allow- ances of state of- ficials assumed by- Commonwealth . . 228 Commonwealth commerce power lim- ited re states .... 233 immunity and incapac- ity re taxation . . 236 jurisdiction, conflicts over, provided for 225 offenders against Com- monwealth, coop- eration in deten- tion and punish- ment 237 protection from Com- monwealth against invasion or riot . . 237 suits against Common- wealth, parlia- ment's power to regulate 226 Constitutions left intact subject to amend- ment in states, except as altered by Commonwealth constitution 234 Currency and coinage, powers restricted. 236 Customs duties audit of customs du- ties receipts by officials of Com- monwealth ...232-233 share of states in fed- eral customs re- ceipts 230, 231 Debts assumption by Com- monwealth 229, 234, 242 constitutional amend- ment 242 Election rules in senatorial elections to be uniform 206 Finance, assistance to states by Commonwealth 232 Franchise, adult suffrage subject to dis- count in referenda on constitutional amendments ..239-240 Interstate comity 236 Laws bounties and duties, laws superseded . . 229 federal laws supreme over state laws in case of conflict 202, 206, 235 state laws left intact subject to Com- monwealth consti- tution 235 Natives not counted iu population 239 Naturalization by states.. 212 New states, creation of, by addition or divi- sion of old states. 238 Powers to levy commerce in- spection laws .... 236 military and naval forces forbidden . 236 over intoxicating liq- uors, complete . . . 236 Property taken over by Commonwealth with indemnification 228-229 Racial disfranchisement, ef- fect on state quota for house of rep- resentatives ..209-210 Railway rates, discrimina- tion forbidden .. 233 Referendum provided for changes in state boundaries 237 Territory, provision for surrender to Com- monwealth 235 States, style used for " colonies " federated (A) 202 Style of Laws and Terms: A.— Commonwealth 201-202 Commonwealth of Austra- lia Constitution Act 201 Governor general in coun- cil 222 High court of Australia. . 223 Oath taken by executive councillors 240 Original state 202 The parliament; the par- liament of the Commonwealth . . 204 C. — British North America Acts 154, 193, 196, 198 Canada, the federal union 154 Dominion, the federal union 154 Governor general in council 156 INDEX 351 Style of Laws and Terms — Cont. The Dominions 311 N. — Style of laws and tax warrants 21, 25 SA — Cape of Good Hope 250 Colonies 250 Governor general in council 252 House of parliament, houses of parlia- ment 250 Natal 250 Oath, taken by members of parliament . . . 265 Orange River Colony, old style 250 restvled Orange Free "State 251 Parliament 250 South Africa Act 250 Transvaal 250 The Union 250 Subventions to local govern- ments, from Dominion to prov- inces for civil lists (C) 184 Supreme Court of South Africa (cp. High Court, General Court of Appeal) : Appellate division created ; composition 281 execution of process throughout the Union 286 judges assigned by gov- ernor general . . . 281 jurisdiction 283-284 registrar appointed by governor general. . 286 to sit at Bloenfontein 285 Cape of Good Hope, rules of appeal adopted ad interim 285 Colonies colonial supreme courts made provincial divisions under judges-president . 281 existing courts made local divisions of su- preme court of South Africa .281-282 transfer of suits from co- lonial courts 287 Composition 281 Crown, appeals to, restricted and legislation re appeals restricted 284-285 Established 281 Federal territory, appeals from 306 Judges appointed by governor general 283 reduction in number .... 283 Jurisdiction appellate jurisdiction over superior courts 283-284 of the superior court .... 282 Powers of judges to make rules re appeals.. 285 to make rules re local and provincial divisions 285 Quorum of appellate division lixed by constitu- tion 285-286 Removal of members 283 Rules re advocates and at- torneys 286-287 Salaries 283 Transfer of suits among local and provincial divi- sions 286 Supreme Courts: A. — Appeals to crown in coun- cil from state su- preme courts transferred to high court 224-225 SA. — Supreme courts of col- onies made pro- vincial divisions of supreme court of South Africa.. 281 Suspending Clause in Legislation necessary in certain cases (N) 21, 24 Synopsis of Constitution: A. — Synopsis contained in sta- tute 203 SA. — Svnopsis contained in statute 245-249 Taxation : A. — Powers of parliament . . . 215 C. — Powers of parliament .... 166 Provinces 185-186 SA.— Powers of parliament 268-269 Tenure: C. — Judicial officials 181 Lieutenant governor . . 167-168 Privy councillors 155 Senate members 159, 160, 161, 186 speaker 161 N.— Civil officials 28 352 INDEX Tenure — Continued. Governor 20 NZ. — Legislative councillors 74, 89 Quebec, legislative councillors. 170 SA. — Controller and auditor general 293 Executive councillors. .252, 253 Governor general 251 Heads of departments . . . 252 Term of Office: A. — House of representatives.. 210 Interstate commission .... 234 Senate 205, 206, 207 SA. — House of assembly 264 Provincial administrators. 272 Provincial councillors .... 273 Provincial executive com- mittee, members . . 274 Railways and harbors board, members 290-291 Transition Provisions: A.— 1900 ..203, 205, 206, 210, 218, 227, 229-231 1907 241-242 C— 1867 157, 159, 161-164, 167, 168, 172, 174, 182-190 1871 194 1875 196 1886 197-198 NZ.— 1852 87, 83, 92, 109 1854-1855... 114, 115, 117, 118 120, 121 1875 143, 145, 146-150 SA.— 1909 . .251, 254, 256, 264, 278, 282, 285, 286, 287, 289, 291-292 Western Australia, special con- sideration at establishment of federation 201-202, 210 UNIVERSITY OF CALIFORNIA AT LOS ANGELES THE UNIVERSITY LIBRARY This book is DUE on the last date stamped below ■wmh* *D jb J £C3 1973 DEC 14 1973 Fo riii L-9-15m-7,'35 ITY of CALIFORNIA A T LOS ANGELES LIBRARY II II L UCLA-Young Research Library JV1062 .C21a V 009 504 932 6 I PLEA** DO NOT REMOVE THIS BOOK CARD 4fcUlBRARY0/: University Reseorch Library