public 117. The several provinces shall retain all their respective Provincial public property not otherwise disposed of in this Act subject property 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 Grants to to the several provinces for the support of their governments and Legislatures: provinces Two hundred and sixty thousand; and an annual grant in aid of each province shall be made equal to eighty cents per head of the population as ascertained by the census of one thousand eight hundred and sixty-one and in the case of Nova Scotia and New Brunswick by each subsequent decennial census until the population of cach 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. New 119. New Brunswick shall receive by half yearly payments Further in advance from Canada for the period of ten years from the w Union an additional allowance of sixty-three thousand dollars Brunswick per annum; but as long as the public debt of that province remains under seven million dollars a deduction equal to the interest at five per centum per annum on such deficiency shall be made from that allowance of sixty-three thousand dollars. 120. All payments to be made under this Act or in dis- Form of charge of liabilities created under any Act of the provinces of Canada, Nova Scotia and New Brunswick respectively and assumed by Canada shall until the Parliament 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 Canadian of any one of the provinces shall from and after the Union be manufac admitted free into each of the other provinces. tures, etc. Continuance of customs and excise laws Exportation and importation as 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 between two 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. Lumber dues in New Brunswick Exemption of public lands, etc. Provincial consolidated 124. Nothing in this Act shall affect the right of New Brunswick to levy the lumber dues provided in chapter 15 of title 3 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. 126. Such portions of the duties and revenues over which revenue fund the respective Legislatures of Canada, Nova Scotia and New Brunswick had before the Union power of appropriation 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 appropriated for the public service of the province. As to legislative provinces becoming senators IX.-MISCELLANEOUS PROVISIONS. General. 127. If any person being at the passing of this Act a councillors of 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. allegiance, 128. Every member of the Senate or House of Commons of Oath of Canada shall before taking his seat therein take and subscribe etc. before the governor general or some person authorised by him and every member of a Legislative Council or Legislative Assembly of any province shall before taking his seat therein take and subscribe before the lieutenant governor of the province or some person authorised 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 authorised by him the declaration of qualification contained in the same schedule. of existing officers, etc. 129. Except as otherwise provided by this Act all laws in Continuance force in Canada, Nova Scotia or New Brunswick at the Union laws, courts, 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. officers to 130. Until the Parliament of Canada otherwise provides Transfer of all officers of the several provinces having duties to discharge Canada in relation to matters other than those coming within the classes of subjects by this Act assigned exclusively 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, responsibilities and penalties as if the Union had not been made. of new 131. Until the Parliament of Canada otherwise provides Appointment the Governor General in Council may from time to time officers appoint such officers as the Governor General in Council deems necessary or proper for the effectual execution of this Act. 132. The Parliament and Government of Canada shall have Treaty all powers necessary or proper for performing the obligations obligations of Canada or of any province thercof as part of the British Empire towards foreign countries arising under treaties between the Empire and such foreign countries. Use of English and French languages Appointment of executive officers for Ontario and Quebec Powers, duties, etc. officers 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 Legislature of Quebec shall be printed and published in both those languages. Ontario and Quebec. 134. Until the Legislature of Ontario or of Quebce 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 pleasure, that is to say: 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 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 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 otherwise of executive provides all rights, powers, duties, functions, responsibilities or authorities at the passing of this Act vested in or imposed on the attorney general, solicitor general, secretary and registrar of the Province of Canada, minister of finance, commissioner of Crown lands, commissioner of public works and minister of agriculture and receiver general by any law, Statute or Ordinance of Upper Canada, Lower Canada or Canada and not repugnant to this Act shall be vested in or imposed on any officer to be appointed by the lieutenant governor for the discharge of the same or any of them; and the commissioner of agriculture and public works shall perform the dutics 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. Great Seals 136. Until altered by the Lieutenant Governor in Council 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 respectively before their Union as the Province of Canada, of temporary 137. The words "and from thence to the end of the then Construction next ensuing session of the Legislature" or words to the same Acts effect used in any temporary Act of the Province of Canada not expired before the Union shall be construed to extend and apply to the next session of the Parliament of Canada if the subject matter of the Act is within the powers of the same as defined by this Act or to the next sessions of the Legislatures of Ontario and Quebec respectively if the subject matter of the Act is within the powers of the same as defined by this Act. 138. From and after the Union the use of the words As to errors "Upper Canada" instead of "Ontario" or "Lower Canada” in names instead of "Quebec" in any deed, writ, process, pleading, document, matter or thing shall not invalidate the same. proclama commence 139. Any proclamation under the Great Seal of the Pro-As to issue of vince of Canada issued before the Union to take effect at a tions before time which is subsequent to the Union whether relating to union to that province or to Upper Canada or to Lower Canada and the after union several matters and things therein proclaimed shall be and continue of like force and effect as if the Union had not been made. proclama 140. Any proclamation which is authorised by any Act of As to Issue of the Legislature of the Province of Canada to be issued under tions after the Great Seal of the Province of Canada whether relating to union 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 Penitentiary until the Parliament of Canada otherwise provides be and continue the penitentiary of Ontario and of Quebec. respecting 142. The division and adjustment of the debts, credits, Arbitration liabilities, properties and assets of Upper Canada and Lower debts, etc. 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 |