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An Act further to amend the "Act to make further provision for the
government of the North West Territories."
[Assented to 23rd May, 1873.]
In amendment of the Act passed in the thirty-fourth year of Her
Majesty's reign, intituled "An Act to make further provision for the
Government of the North West Territories," Her Majesty, by and
with the advice and consent of the Senate and House of Commons
of Canada, enacts as follows :-
the said Act
1. The laws, institutions and ordinances which the Governor in Council
is empowered by the said Act from time to time to authorize the
Lieutenant-Governor of the North West Territories to make, ordain and
establish for the administration of justice in the same, and for the
peace, order and good Government of Her Majesty's subjects and
others therein, shall hereafter be made, ordained and established by
the Lieutenant Governor, by and with the advice and consent of the
Council appointed under the said Act, or any Act amending it, to aid in
the administration of the North West Territories ; and any Order of the
Governor in Council made under the said Act, and giving such
authority to the Lieutenant-Governor and his Council, is hereby
confirmed, and shall be in force until repealed or altered by any
subsequent Order of the Governor in Council made under the Act first
make such laws
as Lt. Governor
in Council is not
Extent of either
2. Subject to the provisions hereinafter made, it shall be lawful for the
Governor in Council to make laws for the peace, order and good
government of the said North West Territories and of Her Majesty's
subjects therein, in relation to all matters and subjects in relation to
which the Lieutenant Governor and his Council aforesaid are not then
empowered to make laws ; and for that purpose, either to make new
laws or to extend and apply and declare applicable to the North West
Territories, with such amendments and modifications as may be deemed
necessary, and any Act or Acts of the Parliament of Canada, or any
parts thereof ; and from time to time to amend or repeal any such laws
and make others in their stead. The power hereby given shall extend
to the modification, amendment or repeal of any Act mentioned in the
schedule to this Act ; and the Lieutenant-Governor, acting with the
advice and consent of his Council, shall have like powers with respect
to the subjects and matters in relation to which he is empowered to
make laws :
Laws not to be
made for certain
3. Provided always, that no law to be so made, either by the Governor
in Council or by the Lieutenant-Governor of the said Territories, with
the advice and consent of his Council, shall,-
1. Be inconsistent with any provision of any Act of the Parliament of
Canada expressly referring to the said Territories ; or
2. Impose any tax or any duty of Customs or Excise, or any penalty
exceeding one hundred dollars ; or
3. Alter or repeal the punishment provided by any Act mentioned in
the schedule to this Act, or extended as aforesaid to the said
Territories, for any crime or offence, or the legal description or
character of the crime or offence itself ; or
4. Appropriate any public money, lands or property of the Dominion
without the authority of Parliament :
laws and laying
And a copy of every such law made by the Lieutenant-Governor of the
said Territories and his Council, shall be mailed for transmission to the
Governor in Council within ten days after its passing, and may be
disallowed by him at any time within two years after its passing ; and
every such law made by the Governor in Council shall be laid before both
Houses of Parliament as soon as conveniently may be after the
making and passing thereof.
to be evidence.
4. Any copy of any law made by the Governor in Council, or by the
Lieutenant-Governor of the North West Territories, with the advice and
consent of his Council, printed in the Canada Gazette or purporting to
be printed by the Queen's Printer at Ottawa, or by the Queen's Printer
or Printer to the Government of Manitoba at Winnipeg, shall be primâ
facie evidence of such law, and that it is in force.
5. Unless and until it is otherwise ordered under this Act, and subject
to the provisions of any Act passed during the present session, such
provisions of the Customs and Excise laws of Canada, including those
fixing the amount of duty, as shall be in force at any time in Manitoba,
shall be also in force in the said North West Territories.
Certain Acts of
Canada to be in
force in N.W.
6. Unless and until it is otherwise ordered by any law to be made
under this Act, and subject to the provisions of any Act passed during
the present session, the Acts mentioned in the schedule to this Act, as
limited in the said schedule ; shall apply to and be in force in the said
North West Territories, as shall also all Acts of the Parliament of
Canada relating to the Executive Government and the several
Departments thereof, the public works of the Dominion, and the postal
service and offences against the Acts relating thereto.
7. This Act shall come into force on the first day of November, in the
present year 1873, and not before.
Acts of the Parliament of Canada referred to in the
sixth section of this Act.
Acts passed in the First Session, 31st Victoria,1867, 1868.
An Act to protect the inhabitants of Canada against lawless aggression
from subjects of foreign countries at peace with Her Majesty.
An Act to prevent the unlawful training of persons to the use of arms,
and the practice of military evolutions, and to authorize Justices of the
Peace to seize and detain arms collected or kept for purposes
dangerous to the public peace.
An Act for the better security of the Crown and of the Government.
Act amended by 32, 33 Vict., chap. 17.
An Act respecting riots and riotous assemblies.
An Act respecting forgery, perjury and intimidation in connection with
the Provincial Legislatures and their Acts.
An Act respecting Accessories to and Abettors in indictable offences.
An Act respecting the Police of Canada.
An Act respecting persons in custody charged with high treason or felony. Acts passed in the Second Session, 32, 33 Victoria, 1869.
An Act respecting offences relating to the Coin.
An Act respecting Forgery.
An Act respecting offences against the Person.
An Act respecting Larceny and other similar offences.
An Act respecting Malicious Injuries to Property. As amended by 35
Vict., chap. 34.
An Act respecting Perjury. As amended by 33 Vict., chap. 26.
An Act for the better preservation of the peace on Public Works. As
amended by 33 Vict., chap. 28.
An Act respecting Procedure in Criminal Cases, and other matters
relating to Criminal Law. Sections 1 to 7, both inclusive, relating to the
apprehension of offenders ; sections 81 to 87, both inclusive, relating
to the punishment of offences ; and sections 125 to 138, both inclusive,
relating to pardons, undergoing sentence, limitation of a ctions and
prosecutions, and general provisions. The whole Act will apply, in
Manitoba, to offences committed in the North West Territories, but
triable in Manitoba, and the persons committing them.
An Act respecting the duties of Justices of the Peace out of Sessions
in relation to persons charged with indictable offences. So far as
respects indictable offenses committed in the North West Territories
and triable in Manitoba, or committed in some Province of Canada,
and the offender apprehended in the North West Territories.
An Act relating to the duties of Justices of the Peace out of Sessions in
relation to summary convictions and orders. Except so much of this
Act (or of any Act amending it) as gives any appeal from any
conviction or order adjudged or made under it.
An Act respecting the prompt and summary administration of criminal
justice in certain cases. In applying this Act to the North West
Territories, the expression "competent magistrate" shall be construed
as meaning any two Justices of the Peace sitting together, as well as
any functionary or tribunal having the powers of two Justices of the
Peace, and the jurisdiction shall be absolute without the c onsent of
the parties charged.
An Act respecting the trial and punishment of juvenile offenders. In
applying this Act to the North West Territories, the expression "any
two or more justices" shall be construed as including any magistrate
having the powers of two Justices of the Peace. This Act shall not
apply to any offence punishable by imprisonment for two years or
upwards, and it shall not be necessary that recognizance be
transmitted to any Clerk of the Peace.