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Consolidated

Fund.

126. Such portions of the Duties and Revenues over which Provincial the respective Legislatures of Canada, Nova Scotia, and New Brunswick had before the Union power of appropriation as are Revenue 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.

IX. MISCELLANEOUS PROVISIONS.

General.

tive Coun

127. If any person being, at the passing of this Act, a As to Member of the Legislative Council of Canada, Nova Scotia, or LegislaNew Brunswick, to whom a place in the Senate is offered, does cillors of not within thirty days thereafter, by writing under his hand Provinces becoming addressed to the Governor-General of the Province of Canada, or Senators. 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.

ance, &c.

128. Every Member of the Senate or House of Commons of Oath of Canada shall, before taking his Seat therein, take and subscribe Allegibefore the Governor-General or some person authorized 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 authorized 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 contained in the same Schedule.

Continuance of

129. Except as otherwise provided by this Act, all Laws in force in Canada, Nova Scotia, or New Brunswick at the Union, existing Laws, and all Courts of Civil and Criminal Jurisdiction, and all legal Courts,

M.

20

Officers,

&c.

Transfer

to Canada.

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 Provinces, according to the authority of the Parliament or of that Legislature under this Act.

130. Until the Parliament of Canada otherwise provides, of Officers all Officers of the several Provinces having duties to discharge 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.

Appointment of new Officers.

Treaty obligations.

Use of
English

and

French

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 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 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 languages. 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.

ment of

Ontario

134. Until the Legislature of Ontario or of Quebec otherwise Appointprovides, the Lieutenant-Governors of Ontario and Quebec may Executive each appoint, under the Great Seal of the Province, the following Officers for Officers, to hold Office during pleasure, that is to say, the and Attorney-General, the Secretary and Registrar of the Province, Quebec. 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.

duties, &c.,

Officers.

135. Until the Legislature of Ontario or Quebec otherwise Powers, provides, all rights, powers, duties, functions, responsibilities, or of Execu authorities at the passing of this Act vested in or imposed on the tive 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 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.

Seals.

136. Until altered by the Lieutenant-Governor in Council, Great 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.

Construc

tion of temporary

Acts.

As to errors in names.

As to issue

of Proclamations before

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 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 "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 Province of Canada issued before the Union to take effect at a time which is subsequent to the Union, whether relating to that Province, or Union, to 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.

commence

after Union.

As to issue

of Proclamations after Union.

Penitentiary.

Arbitration respecting

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 LieutenantGovernor 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, Liabilities, Properties, and Assets of Upper Canada and Lower Debts, &c. 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 Division of Records. 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.

tion of

144. The Lieutenant-Governor of Quebec may from time to Constitutime, by Proclamation under the Great Seal of the Province, to townships take effect from a day to be appointed therein, constitute Town- in Quebec ships in those parts of the Province of Quebec in which Townships are not then already constituted, and fix the metes and bounds thereof.

X. INTERCOLONIAL RAILWAY.

ment of

way herein described.

145. Inasmuch as the Provinces of Canada, Nova Scotia, and Duty of GovernNew Brunswick have joined in a declaration that the construction ment and of the Intercolonial Railway is essential to the consolidation of Parliathe Union of British North America, and to the assent thereto Canada to of Nova Scotia and New Brunswick, and have consequently agreed make railthat provision should be made for its immediate construction by the Government of Canada: Therefore, in order to give effect to that agreement, it shall be the duty of the Government and Parliament 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 intermission, and the completion thereof with all practicable speed.

XI. ADMISSION OF OTHER COLONIES.

admit

146. It shall be lawful for the Queen, by and with the Power to advice of Her Majesty's Most Honourable Privy Council, on NewfoundAddresses from the Houses of the Parliament of Canada, and land, &c., into the from the Houses of the respective Legislatures of the Colonies Union. or Provinces of Newfoundland, Prince Edward Island, and

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