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Of the sale of immoveables belonging to
minors and other disqualified persons...6016

SEC. XIV. Amendments to title sixth of the third part.

Proceedings relating to successions......6017

§1.-Of Seals.

SEC. XV.-Amendments to title ninth of the third part.
Division of the province into districts for
the administration of justice... . . .

....6023

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SEC. VII. Amendments to title second of book second.

Of the valuation of taxable property...6146

SEC. VIII.—Amendments to title third of book second.

Of municipal roads...

Of the sale and adjudication of lands....6206

SEC. XIV. Amendments to title first of book third.

Of execution of judgments rendered

against municipal corporations.......6215

SEC. XV. Amendments to title second of book third.
Of the recovery of penalties imposed in
virtue of this code...
...6216
XVI.-Amendments to title third of book third.

SEC.

Of appeals to the Circuit Court........6218
SEC. XVII. Amendments to exceptional provisions....6224

IMPERIAL ACT RELATING TO THE CONFEDERATION OF THE DOMINION OF CANADA AND OF THE VARIOUS PROVINCES THEREIN COMPRISED.

"THE BRITISH NORTH AMERICA ACT, 1867."

30-31 VICTORIA.

CHAPTER THREE.

An Act for the union of Canada, Nova Scotia, and New Brunswick, and the government thereof; and for purposes connected therewith.

[29 March, 1867.]

WHE

WHEREAS 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 of Great Britain and Ireland, with a constitution similar in principle to that of the United Kingdom :

And whereas such a union would conduce to the welfare of the Provinces and promote the interests of the British Empire: And whereas on the establishment of the union by authority of Parliament it is expedient, not only that the constitution of the legislative authority in the Dominion be provided for, but also that the nature of the Executive Government therein be declared:

And whereas it is expedient that provision be made for the eventual admission into the union of other parts of British North America:

Be it therefore enacted and declared 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.-PRELIMINARY.

Short title.

Application

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1. This act may be cited as "The British North America Act, 1867."

2. The provisions of this act referring to Her Majesty the of provisions Queen extend also to the Heirs and Successors of Her Majesty, Kings and Queens of the United Kingdom of Great Britain and Ireland.

referring to the Queen.

II.-UNION.

Declaration of union.

Construe

tion of subsequent provisions of act.

Four provin

'ces.

Provinces of
Ontario and
Quebec.

Provinces of

Nova Scotia

and New

3. It shall be lawful for the Queen, by and with the advice of Her Majesty's Most Honorable Privy Council, to declare by proclamation that, on and after a day therein appointed, not being more than six months after the passing of this act, the Provinces of Canada, Nova Scotia, and New Brunswick shall form and be one Dominion under the name of Canada; and on and after that day those three Provinces shall form and be one Dominion under that name accordingly.

4. The subsequent provisions of this act shall, unless it is otherwise expressed or implied, commence and have effect on and after the Union, that is to say, on and after the day appointed for the Union taking effect in the Queen's proclamation; and in the same provisions, unless it is otherwise expressed or implied, the name Canada shall be taken to mean Canada as constituted under this act.

5. Canada shall be divided into four Provinces, named Ontario, Quebec, Nova Scotia, and New Brunswick.

6. The parts of the Province of Canada (as it exists at the passing of this act), which formerly constituted respectively the Provinces of Upper Canada and Lower Canada shall be deemed to be severed, and shall form two separate Provinces. The part which formerly constituted the Province of Upper Canada shall constitute the Province of Ontario: and the part which formerly constituted the Province of Lower Canada shall constitute the Province of Quebec.

7. The Provinces of Nova Scotia and New Brunswick shall have the same limits as at the passing of this act.

Brunswick.

8. In the general census of the population of Canada, which Decennial is hereby required to be taken in the year one thousand eight census. hundred and seventy-one, and in every tenth year thereafter, the respective populations of the four Provinces shall be distinguished.

III.-EXECUTIVE POWER.

9. The executive government and authority of and over Declaration Canada is hereby declared to continue and be vested in the Queen.

of executive power in the Queen.

10. The provisions of this act referring to the Governor- Application General extend and apply to the Governor-General for the referring to of provisions time being of Canada, or other the chief executive officer or Governoradministrator for the time being carrying on the government of Canada on behalf and in the name of the Queen, by whatever title he is designated.

General.

govern- Constitution

Council for

11. There shall be a council to aid and advise in the ment of Canada, to be styled the Queen's Privy Council for of Privy Canada; and the persons who are to be members of that Canada. council shall be from time to time chosen and summoned by the Governor-General and sworn in as privy councillors, and members thereof may be from time to time removed by the Governor-General.

be exercised

advice of

12. All powers, authorities and functions, which under any All powers act of the Parliament of Great Britain, or of the Parliament under acts to of the United Kingdom of Great Britain and Ireland, or of by Governorthe Legislature of Upper Canada, Lower Canada, Canada, General with Nova Scotia or New Brunswick, are at the Union vested in or Privy Counexercisable by the respective governors or lieutenant-gover- cil or alone. nors of those Provinces, with the advice, or with the advice and consent, of the respective executive councils thereof, or in conjunction with those councils, or with any number of members thereof, or by those governors or lieutenant-governors individually, shall, as far as the same continue in existence and capable of being exercised after the Union in relation to the government of Canada, be vested in and exercisable by the Governor-General, with the advice or with the advice and consent of or in conjunction with the Queen's Privy Council for Canada, or any members thereof, or by the GovernorGeneral individually, as the case requires, subject nevertheless (except with respect to such as exist under acts of the Parliament of Great Britain or of the Parliament of the United Kingdom of Great Britain and Ireland) to be abolished or altered by the Parliament of Canada.

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