of what nature soever, of the said Legislative Council and Legislative Assembly, and of each of them respectively, and all written or printed proceedings and reports of Committees of the said Legislative Council and Legislative Assembly respectively, shall be in the English language only: Provided always that the said enactment shall not be construed to prevent translated copies of any such documents being made, but no such copy should be kept among the records of the Legislative Council or Legislative Assembly, or be deemed in any case to have the force of an original record: And whereas it is expedient to alter the law in this respect, in order that the Legislature of the Province of Canada, or the said Legislative Council and Legislative Assembly respectively, may have power to make such regulations herein as to them may seem advisable: Be it therefor enacted by the Queen's most excellent Majesty, by and with the advice recited Act as and consent of the Lords Spiritual and Temporal, and Commons, in this enacts that all present Parliament assembled, and by the authority of the same, that from and after the passing of this Act so much of the said recited Act as is hereinbefore recited shall be repealed.' So much of writs, etc., shall be in English, repealed. Act may be amended, etc. II. And be it enacted that this Act, or any part thereof, may be repealed, altered, or varied at any time during the present session of Parliament. Power to the CLXXIV THE UNION ACT AMENDMENT ACT, 1854 (17 & 18 Victoria, c. 118.) An Act to empower the Legislature of Canada to alter the Constitution of Whereas an Act of the session of Parliament holden in the third and fourth years of her Majesty, chapter thirty-five, "to reunite the Provinces of Upper and Lower Canada, and for the Government of Canada," provides amongst other things for the establishment of a Legislative Council in the Province of Canada, consisting of members summoned thereto by the Governor, under the authority of her Majesty as therein specified: And whereas it is expedient that the Legislature of the said Province should be empowered to alter the constitution of the said Legislative Council: And whereas the said Act requires amendment in other respects: Be it enacted by the Queen's most excellent Majesty, by and with the consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: I. It shall be lawful for the Legislature of Canada, by any Act or Legislature of Acts to be hereinafter for that purpose passed, to alter the manner of comalter the posing the Legislative Council of the said Province, and to make it consist Constitution of such number of members appointed or to be appointed or elected by of the Legislative Council. 1 This repeal was due to the fact that the Speaker of the Canadian House of Assembly (1854-5) found himself compelled under the Act of Union, Section 41, to refuse a motion written in French. As a result of this refusal an address was sent to England praying for repeal. Gladstone replied, saying that the address would be fav ourably received (3 February, 1846), and this Act was accordingly passed without protest, except from Lord Stanley in the House of Lords, who said that the official recog nition of French which would follow would constitute "a permanent barrier between two portions of the country." Elgin, who favoured the use of French, announced the repeal of section 41 of the Act of Union to the Canadian Parliament on January 18, 1849. (See inter alia, Journals of the House of Assembly of Canada; Hansard, Vol. C (III Series); Bourinot's Life of Elgin). This Imperial Statute did much to allay the fear of the French-Canadians, who had not forgotten Lord Durham's suggestion that the future should contain a gradual effort "to establish an English population with English laws and language....and to trust government to none but a decidedly English legislature." 2 This Act was passed in response to an address from the Canadian House of Assembly (see Journals, 1853, and Hansard, Vol. CXXXIV, III Series). An Act was passed in 1856 by the Canadian Legislature, providing for an elective Legislative Council. No. CLIII. such persons and in such manner as to the said Legislature may seem fit, and to fix the qualifications of the persons capable of being so appointed or elected, and by such Act or Acts to make provision, if they shall think fit, for the separate dissolution, by the Governor of the said Legislative Council and Legislative Assembly respectively, and for the purposes aforesaid to vary and repeal in such manner as to them may seem fit all or any of the sections of the said recited Act, and of any other Act of Parliament now in force, which relate to the constitution of the Legislative Council of Canada: Provided always that any bill or bills which shall be passed by the present Legislative Council and Assembly of Canada for all or any of the purposes aforesaid shall be reserved by the said Governor, unless he think fit to withhold her Majesty's assent thereto, for the signification of her Majesty's pleasure, and shall be subject to the enactments of the said recited Act of the third and fourth years of her Majesty, chapter thirtyfive, section thirty-nine, which relate to bills so reserved for the signification of her Majesty's pleasure. II. As soon as the constitution of the Legislative Council Provisions of of the Province of Canada shall have been altered under such Act former Acts of Parliament or Acts so assented to by her Majesty as aforesaid, all provisions of the to apply to said recited Act of Parliament of the third and fourth years of her Ma- the new Legisjesty, chapter thirty-five, and of any other Act of Parliament now in force lative Council. relating to the Legislative Council of Canada, shall be held to apply to the Legislative Council of Canada so altered, except so far as such provisions may have been varied or repealed by such Act or Acts of the Legislature of Canada so assented to as aforesaid. III. It shall be lawful for the Legislature of Canada from time to Legislature of Canada may time to vary and repeal all or any of the provisions of the Act or Acts vary Acts altering the constitution of the said Legislative Council: Provided always, constituting that any bill for any such purpose, which shall vary the qualification of the new Legislative Council; councillors, or the duration of office of such councillors, or the power of the Governor to dissolve the Council or Assembly, shall be reserved by the Governor for the signification of her Majesty's pleasure in manner aforesaid. and may vary, etc., the pro IV. It shall be lawful for the Legislature of Canada, by any Act of Acts reserved for the signification of her Majesty's pleasure, and whereto perty qualificaher Majesty shall have assented as hereinbefore provided, to vary or repeal tion of memany of the provisions of the recited Act of Parliament of the third and bers of Assembly. fourth years of her Majesty, which relate to the property qualification of members of the Legislative Assembly. section 26 of V. So much of the twenty-sixth section of the said recited Act of Proviso in Parliament as provides that it shall not be lawful to present to the Gover-3 and 4 Vict., nor of the Province of Canada, for her Majesty's assent, any bill of the c. 35, repealed. Legislative Council and Assembly of the said Province by which the number of representatives in the Legislative Assembly may be altered unless the second and third readings of such bill in the Legislative Council and Legislative Assembly shall have been passed with the concurrence of twothirds of the members for the time being of the said Legislative Council, and of two-thirds of the members for the time being of the said Legislative Assembly respectively, and that the assent of her Majesty shall not be given to any such bill unless addresses shall have been presented by the Legislative Council and the Legislative Assembly respectively to the Governor stating that such bill has been so passed, is hereby repealed. VI. The forty-second section of the said recited Act of Parliament, Section 42 of 3 and 4 Vict., providing that in certain cases Bills of the Legislative Council and Assem-c. 35, repealed. bly of Canada shall be laid before both Houses of Parliament of the United Kingdom, is hereby repealed; and notwithstanding anything in the said Act of Parliament, or in any other Act of Parliament contained, it shall be lawful for the Governor to declare that he assents in her Majesty's name to any bill of the Legislature of Canada, or for her Majesty to assent to any such bill if reserved for the signification of her pleasure thereon although such bill shall not have been laid before the said Houses of Parliament; and no Act heretofore passed, or to be passed by the Legislature LL Interpretation of terms. of Canada shall be held invalid or ineffectual by reason of the same not having been laid before the said Houses, or by reason of the Legislative Council and Assembly not having presented to the Governor such address as by the said Act of Parliament is required. VII. That in this Act the word "Governor" is to be understood as comprehending the Governor and in his absence the Lieutenant-Governor, or person authorized to execute the office or the functions of the Governor of Canada. 3 and 4 Vict., c. 35. CLXXV THE UNION ACT AMENTMENT ACT, 1859 (22 & 23 Victoria, c. 10.) An Act to empower the Legislature of Canada to make laws regulating the appointment of a Speaker of the Legislative Council. 8th August, 1856. Whereas by an Act' passed in the Session of Parliament holden in the third and fourth years of Her Majesty, chapter thirty-five, "to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada," it is amongst other things provided that the Governor of the Province of Canada shall have power and authority, from time to time, by an instrument under the Great Seal of the said Province, to appoint one member of the said Legislative Council to be Speaker of the said Legislative Council, and to remove him and appoint another in his stead: And, whereas Vict., c. 118. by an Act passed in the Session of Parliament holden in the seventeenth 17 and 18 and eighteenth years of Her Majesty, chapter one hundred and eighteen, "to empower the Legislature of Canada to alter the constitution of the Legislative Council for that Province, and for other purposes," power was given to the Legislature of Canada to alter the manner of composing the Legislative Council for that Province, and to make it consist of such number of persons appointed, or to be appointed, or elected by such persons and in such manner as to the said Legislature may seem fit, in the manner and subject to the conditions by that Act provided, and for the purpose aforesaid to vary and repeal, in such manner as to them may seem fit, all or any of the provisions of the first-recited Act, and of any other Act of Parliament now in force which relate to the constitution of the Legislative Council of Canada; and it was thereby further enacted, that the Speaker of the Legislative Council should, as theretofore, be appointed by the Governor And, whereas the said Legislature, in pursuance of the powers conferred on them by the said last-recited Act, have, by an Act of the Province of Canada passed in the Session of the said Legislature holden in the nineteenth and twentieth years of Her Majesty, "to change the constitution of the Legislative Council by rendering the same elective," provided for the election of members of the said Council, and for the gradual substitution of elective for appointed members thereof: And, whereas doubts have been entertained whether it is lawful for the Legislature of Canada, under the powers given to them by the said last-recited Act of Parliament, to provide for the appointment or election of a Speaker of the Legislative Council, and it is expedient that such doubts should be removed, 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: I. It shall be lawful for the Legislature of Canada, by any Act or Acts passed in the manner and subject to the conditions specified in the said last-recited Act of Parliament, to alter the constitution of the Legislative Council of the said Province by providing for the appointment or 1 No. CLIII. 2 No. CLXXIV. election of a Speaker' of the said Council; and for this purpose to vary and repeal, in such manner as to them may seem fit, so much of the hereinbefore recited sections of the said Acts of Parliament, and of the provisions of the said recited or any other Acts of Parliament as relates to the appointment of such Speaker. CLXXVI COLONIAL HABEAS CORPUS ACT, 1862 (25 & 26 Victoria, c. 20.) An Act respecting the issue of Writs of Habeas Corpus out of England into Her Majesty's Possessions abroad. 16th May, 1862. Whereas it is expedient that writs of Habeas Corpus should not issue out of England into any colony or foreign dominion of the Crown, where Her Majesty has a lawfully established court or courts of justice having authority to grant and issue the said writ, and to ensure the due execution thereof throughout such colony or foreign dominion: 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. No writ of Habeas Corpus shall issue out of England, by authority Writ not to of any judge or court of justice therein, into any colony or foreign do-issue into Colony, etc., minion of the Crown, where Her Majesty has a lawfully established court having Court or courts of justice having authority to grant and issue the said writ, and authorized to to ensure the due execution thereof throughout such colony or dominion. grant same. 2. Provided, that nothing in this Act contained shall affect or interfere Not to affect with any right of appeal to Her Majesty in Council now by law existing. CLXXVII COLONIAL LAWS VALIDITY ACT, 1865 (28 & 29 Victoria, c. 63.) An Act to remove Doubts as to the Validity of Colonial Laws. 29th June, 1865. Whereas doubts have been entertained respecting the validity of divers laws enacted, or purporting to be enacted by the Legislatures of certain of Her Majesty's Colonies, and respecting the powers of such Legislatures; and it is expedient that such doubts should be removed: Be it hereby 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: right of 1. The term "colony" shall in this Act include all of Her Majesty's Definitions: Possessions abroad, in which there shall exist a legislature as hereinafter "Colony." defined, except the Channel Islands, the Isle of Man, and such territories as may for the time being be vested in Her Majesty, under or by virtue of any Act of Parliament for the government of India: The terms "Legislature" and "Colonial Legislature" shall severally "Legislature," signify the authority (other than the Imperial Parliament or Her Majesty "Colonial Legislature." in Council), competent to make laws for any colony; The term "Representative Legislature" shall signify any Colonial "Representa tive LegislaIn 1860 the Canadian Legislature passed an Act to provide for the election of a ture." Speaker by the Legislative Council, "Colonial Law." Act of Par Colony. liament, etc., when to extend to "Governor." "Letters Patent." Colonial Law repugnancy. Legislature which shall comprise a legislative body of which one-half are elected by inhabitants of the colony; The term "Colonial Law” shall include laws made for any colony, either by such Legislature as aforesaid or by Her Majesty in Council; An Act of Parliament, or any provision thereof, shall, in construing this Act, be said to extend to any colony when it is made applicable to such colony by the express words or necessary intendment of any Act of Parliament; The term "Governor" shall mean the officer lawfully administering the Government of any colony; The term "Letters Patent" shall mean letters patent under the great seal of the United Kingdom of Great Britain and Ireland. 2. Any colonial law, which is or shall be repugnant to the provisions when void for of any Act of Parliament extending to the colony to which such law may relate, or repugnant to any order or regulation made under authority of such Act of Parliament, or having in the colony the force or effect of such Act, shall be read subject to such Act, order, or regulation, and shall, to the extent of such repugnancy, but not otherwise, be and remain absolutely void and inoperative. Colonial Law when not void for repugnancy. Colonial Law not void for inconsistency with instructions. 3. No colonial law shall be or be deemed to have been, void or inoperative on the ground of repugnancy to the law of England, unless the same shall be repugnant to the provisions of some such Act of Parliament, order, or regulation, as aforesaid. 4. No colonial law, passed with the concurrence of or assented to by the Governor of any colony, or to be hereafter so passed or assented to, shall be, or be deemed to have been, void or inoperative by reason only of any instructions with reference to such law, or the subject thereof, which may have been given to such Governor, by or on behalf of Her Majesty, by any instrument other than the letters patent or instrument authorizing such Governor to concur in passing or to assent to laws for the peace, order, and good government of such colony, even though such instructions may be referred to in such letters patent, or last-mentioned instrument. Colonial Leg. 5. Every colonial Legislature shall have, and be deemed at all times islatures may to have had, full power within its jurisdiction to establish courts of judiestablish, etc., Courts of cature, and to abolish and reconstitute the same, and to alter the constitution thereof, and to make provision for the administration of justice therein; and every representative Legislature shall, in respect to the colony under its jurisdiction, have, and be deemed at all times to have had, full power to make laws respecting the constitution, powers, and procedure Representative of such Legislature; provided that such laws shall have been passed in Legislature such manner and form as may from time to time be required, by any Act Constitution. of Parliament, letters patent, Order in Council, or colonial law for the time being in force in the colony. Law. may alter Certified to be evidence that they are properly passed. 6. The certificate of the clerk or other proper officer of a legislative copies of laws body in any colony to the effect that the document to which it is attached is a true copy of any colonial law assented to by the Governor of such colony, or of any bill reserved for the signification of Her Majesty's pleasure by the said Governor, shall be prima facie evidence that the document so certified is a true copy of such law or bill, and, as the case may be, that such law has been duly and properly passed and assented to, or that Proclamation such bill has been duly and properly passed and presented to the Governor: of assent and and any proclamation, purporting to be published by authority of the disallowance. Governor, in any newspaper in the colony to which such law or bill shall relate, and signifying Her Majesty's disallowance of any such colonial law, or Her Majesty's assent to any such reserved bill as aforesaid, shall be prima facie evidence of such disallowance or assent. to be evidence And whereas doubts are entertained respecting the validity of certain Certain Acts Acts enacted, or reputed to be enacted, by the Legislature of South Ausof Legislature tralia: be it further enacted as follows: of South Australia + be valid. 7. All laws or reputed laws enacted or purporting to have been enacted by the said Legislature, or by persons or bodies of persons for |