A SYNTHETICAL SUMMARY OF "THE BRITISH NORTH AMERICA ACT, 1867."

Its date is the 29th March, 1867. Its preamble informs us, that 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:

That such a Union is favorable to the welfare of the provinces, and as well of the British Empire, that the British Parliament deem it expedient in establishing it, both to provide for the constitution of the Legislative Authority in the Dominion, and to declare the nature of the Executive Government therein. :—

That it is also expedient that provision be made for the eventual admission into the Union, of other parts of British North America. The Acts proceeds-being classed under eleven heads:

I. Preliminary, secs. 1, 2.

II. Union, secs. 3-8.

III. Executive Power, secs. 9-16.

IV. Legislative Power, secs. 17-57.

V. Provincial Constitutions, secs. 58-90.

VI. Distribution of Legislative Powers, secs. 91-95.

VII. Judicature, secs. 96-101.

VIII. Revenue, Debts, Assets, Taxation, secs. 102-126.

IX. Miscellaneous Provisions, secs. 127-144.

X. Intercolonial Railway, sec. 145.

XI. Admission of other Colonies, secs. 146-147.

Five Schedules are annexed on the subjects:

1st Schedule, (A.) Existing Electoral Divisions of Ontario; (B.) New Electoral Divisions.

2nd Schedule. Electoral Divisions of Quebec, specially fixed. 3rd Schedule. Provincial Public Works and property; to be the property of Canada.

4th Schedule. Assets to be the property of Ontario and Quebec conjointly.

5th. Schedule. Oath of Allegiance-Declaration of Qualification. (Forms to be used as the Act directs.)

A further supplement to the Act is another Act, (Cap XVI.,) 12th of April, 1867, for " Authorizing a Guarantee of Interest on a Loan to be raised by Canada," on account of the Intercolonial Railway.

EXPLANATIONS NECESSARY FOR THE INTERPRETATION OF THIS

ACT CONTAINED IN THE ACT.

Sec. 1. This Act may be cited as the British North America Act, 1867.

Sec. 2. The provisions of this Act referring to Her Majesty extend also to the heirs and successors of Her Majesty.

Sec. 4. The name Canada shall be taken to mean Canada as constituted under this Act.

Sec. 13. Provisions 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 of Canada.

PART I.

AS APPLICABLE TO THE DOMINION.

The full title of this Act, viz., an Act for the Union of Canada, Nova Scotia and New Brunswick, and the Government thereof, and for purposes connected there with :-tells what the Act provides, viz., how the Union shall take place effectually, i. e.

The Queen by and with the advice of Her Privy Council declares by proclamation, that on and after a day therein appointed, the Provinces concerned shall form and be one Dominion under the name of Canada. [The Royal Proclamation to have such an effect was issued on 22nd May, and took effect on July 1st, 1867.] See Appendix A.

That Civil Rule should know no suspension in any of the Provinces:

Sec. 129 provides that all laws in force, also all Courts of Civil and Criminal Jurisdiction, and all legal commissions, powers and authorities Judicial, Administrative and Ministerial shall continue (for this purpose) in the Provinces respectively, as if the Union had not been made, subject nevertheless to be repealed or altered by the Parliament of Canada; or by the Legislatures of the Provinces, according to this Act (with exception of such as exist by Acts of British Parliament.)

Sec. 130 enacts, that until the Parliament of Canada otherwise provides, "All officers of the several provinces having duties to discharge in relation to matters, other than those 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, &c.

No enlargement of powers or extension of limits in which they may be exercised, is made, only they are placed in relation to the New superior power of the Dominion.

The new Constitution of the Dominion of Canada, and the Constitutions, as they may be retained, renewed or made anew for the Provinces, respectively, provide that, as one Dominion it be governed in unity, on a "similar principle" with the Metropolitan state under the Constitution of the United Kingdom. The power of the same Crown applies as a principle of unity; from first to last the Government of Canada is ordered and carried on in the name and behalf of the Sovereign.

Sec. 9. The Executive Government and Authority is to continue and be vested in the Queen.

Sec. 15. The command-in-chief of the militia and all naval and military forces of and in Canada, is to continue and be vested in the Queen, [and of this command this Constitution takes no further cognizance.]

Sec. 10. The Governor General by the provisions of this Act, being, and carrying on the Government of Canada on the behalf and in the name of the Queen :

Sec. 11. There shall be a council to aid and advise in the Government, to be styled the Queen's Privy Council for Canada. Persons who are to be members of that Council shall be, from time to time, chosen, &c., by the Governor General, and sworn in. And members thereof may be, from time to time, removed by the Governor General.

It is known that the "Queen's Privy Council," either in Great Britain and Ireland; or in Canada (as noticed in this Act,) are identical with the Ministry of the United Kingdom, or of the Dominion, respectively, occupying the principal places in the Executive Government-it is by distinct summons and oath of duty they are inducted to the Privy Council.

From the style they bear-unknown before in the Provincesit may be thought that their independence of superior authority here, and their valid competency in questions or matters in which Canada is interested, when such are under consideration of the Metropolitan Government-to advise the Queen at home, in concert

with Her Privy Council for the Empire, are to be ascertained in some degree hereby.

As members of the Council and heads of the Departments of Government of Canada, the Governor General, from time to time, chooses or removes them. In this case and some others he exerts his authority alone. In the general order of his Government he exerts it, in Council or in Parliament, as representative of the Crown.

Sec. 130. Among the principal officers of the Provincial Governments now confederated, as in and of the Dominion, will the Governor General choose the Queen's Privy Council of Canada :—

And the members of the Privy Council, one or the other of them, will severally fill, as they shall have agreed on, what provincial offices are necessary and eligible for the executive government.

Provincial Governor's powers, held immediately from the Crown, cease on the advent of the Dominion. By Sec. 12, all powers, authorities and functions of this class of officers at the time of the Union, shall, as far as may be, after the Union be vested in and exercised by the Governor General in conjunction with the Queen's Privy Council, or by the Governor General individually. This section serves preparatorily to a new delivery of powers, authorities and functions. The Governor General now makes appointments of Provincial Governors bearing immediate responsibility to him, as Sec. 14 authorizes him, from time to time, to appoint any person or any persons to be his Deputy or Deputies within any part or parts of Canada, to exercise such of the powers, &c., &c., of the Governor General as he shall assign to him or them. The Governor General, meanwhile, shall not be affected to the loss of any powers, &c., belonging to him.

In the Government of the Dominion they are the Governor General's Deputies, (Sec. 14,) while he is subject meanwhile to be limited and directed by the Crown in giving his commission to Deputy or Deputies.

The arrangement of the Provinces in the Union.

Secs. 5, 6, 7. Early provisions of the British North America Act, set forth the form, in which the Provinces are to make their