75 Such provision is made by Chapters 50-54 of the Rev. Stat. Can. 1886. Amongst previous enactments are the following: 38 Vict. cap. 49; 39 Vict. cap. 21; 41 Vict. cap. 15; 47 Vict. cap. 23; 48 & 49 Vict. cap. 51; 49 Vict. cap. 25. 76 This Act is 38 & 39 Vict. cap. 38. The text is reprinted from "The Public General Statutes," issued with "The Law Reports," London, 1875. The occasion of its passage was the opinion expressed by the Law Officers of the Crown in 1873 that the statute (36 Vict, cap. 1) passed by the Canadian Parliament in the first session of that year "to provide for the examination of witnesses on oath by Committees of either House" was beyond the competence of that Parliament, under sec. 18 of the British North American Act. The Statute was in consequence disallowed by Her Majesty, and the inquiry into cert in charges respecting the Pacific Railway, to facilitate which the passage of the Act was deemed necessary, was entrusted to a Royal Commission. See Com. Jour.. 1873, (first session) pp. 115. 137, 166, 267; and correspondence respecting the disallowance, Com. Jour., 1873, (second session) pp. 5-12 In the latter volume (pp. 12–119) will be found the narrative of the case sent by the Governor-General, Lord Dufferin, to the Colonial Secretary, Lord Kimberley. The Appendix to the same volume contains the Report of the Royal Commission above mentioned. 77 The "doubts" here mentioned seem to have arisen chiefly in the Senate (Com. Journals, 1873, second session, p. 6). See Ibid., pp. 7-10, for the opinions of Lord Dufferin, Sir John Macdonald, Alpheus Todd, and the Law Officers of the Crown. 78 This Act is entitled "An Act to provide for Oaths being administered in certain cases for the purposes of either House of Parliament." The first section is as follows: "Witnesses may be examined upon oath at the Bar of the Senate, and for that purpose the Clerk of the House may administer an oath to any such witness." The second and third sections empower committees of the two Houses, respectively, to take evidence on oath as to matters relating to Private Bills. The Colonial Secretary (Com. Journals of 1873, second session, pp. 10-11), points out that the first section, in view of the opinion of the Crown Law Officers on the Oaths Act of 1873, is "void" under section 2 of the "Colonial Laws Validity Act," 1865. See pp. 241-243 below. 79 This Act is 49 & 50 Vict., cap. 35. The text is reprinted from "The Public General Statutes," issued with "The Law Reports," London, 1886. As to the necessity of this statute see sections 2 and 5 of the "British North America Act, 1871," pp. 225-223 above. 80 The Act passed by the Dominion Parliament giving representation therein to the North-West Territories (Can. Stat. 49 Vict., cap. 24), was assented to by the Governor-General on the 2nd of June, 1886. See date of assent to this Act above. 81 See Note 14 above. COLONIAL HABEAS CORPUS ACT, 1862. An Act1 respecting the issue of Writs of Habeas Corpus out of [16TH MAY, 1862. Writ not to issue into Col 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 1. No writ of Habeas Corpus shall issue out of England, ony, &c.,having by authority of any judge or court of justice therein, into Court author same. ized to grant 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 dominion. Not to affect right of appeal. 2. Provided, that nothing in this Act contained shall affect or interfere with any right of appeal to Her Majesty in Council now by law existing. 1 This Act is 25 & 26 Vict., cap. 20. The text is reprinted from the "Statutes at Large," vol. xxv, London, 1862. COLONIAL LAWS VALIDITY ACT, 1865. An Act1 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:- 1. The term "colony "s shall in this Act include all of Definitions: Her Majesty's Possessions abroad, in which there shall Colony." exist a legislature as hereinafter 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' ""Legislature." "Colonial Legshall severally signify the authority (other than the Imperial islature": Parliament or Her Majesty in Council), competent to make laws for any colony; The term " Representative Legislature" shall signify "Representative Legislaany Colonial Legislature which shall comprise a legislative ture; body of which one-half are elected by inhabitants of the colony ; The term "Colonial Law" shall include laws made for "Colonial An Act of Parliament, or any provision thereof, shall, in Act of Parliaconstruing this Act, be said to extend to any colony when it ment, etc., when to extend is made applicable to such colony by the express words or necessary intendment of any Act of Parliament; to Colony: "Governor :" "Letters Patent" Colonial Law when void for repugnancy. Colonial Law when not void for repugnancy. Colonial Law not void for inconsistency with instructions. Colonial Legislatures may 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 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.4 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 lastmentioned instrument. 5 Every colonial Legislature shall have, and be deemed establish, &c., at all times to have had, full power within its jurisdiction Courts of law. to establish courts of judicature, 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 re spect to the colony under its jurisdiction, have, and be Representative Legisladeemed at all times to have had, full power to make laws ture may alter respecting the constitution, powers, and procedure of such Constitution. Legislature; provided that such laws shall have been passed in such manner and form as may from time to time be required, by any Act of Parliament, letters patent, Order in Council, or colonial law for the time being in force in the colony. 6. The certificate of the clerk or other proper officer of a Certified colegislative body in any colony to the effect that the docu- pies of laws to be evidence ment to which it is attached is a true copy of any colonial that they are properly paslaw assented to by the Governor of such colony, or of any sed. 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 such bill has been duly and properly passed and presented to the Governor; and any proclamation, purporting to be published by Proclamation authority of the Governor, in any newspaper in the colony of assent and 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. And whereas doubts are entertained respecting the validity of certain Acts enacted, or reputed to be enacted, by the Legislature of South Australia: Be it further enacted as follows: to be evidence disallowance. Certain Acts of 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 the time being acting as such Legis- Legislature of lature, which have received the assent of Her Majesty in South Australia to be Council, or which have received the assent of the Governor valid. of the said Colony in the name and on behalf of Her Majesty, shall be and be deemed to have been valid and effectual from the date of such assent for all purposes whatever; provided that nothing herein contained shall be deemed to give effect to any law or reputed law which has been disallowed by Her Majesty, or has expired, or has been lawfully repealed, or to prevent the lawful disallowance or repeal of any law.6 H.C.C. 16 |