Inland laws and Ungranted lands vested in the Crown for Dominion purposes. Provisions as to Indian title. Grant for half-breeds. Quieting titles. Grants by H. B. Company. The same. Titles by occupancy with permission. 29. Such provisions of the Laws of Canada respecting the Inland Revenue, including those fixing the amount of duties, as may be from time to time declared by the Governor General in Council applicable to the said Province, shall apply thereto, and be in force therein accordingly. (18). 30. All ungranted or waste lands in the Province shall be, from and after the date of the said transfer, vested in the Crown, and administered by the Government of Canada for the purposes of the Dominion, subject to, and except and so far as the same may be affected by, the conditions and stipulations contained in the agreement for the surrender of Rupert's Land by the Hudson's Bay Company to Her Majesty.(19) 31. And whereas, it is expedient, towards the extinguishment of the Indian Title to the lands in the Province, to appropriate a portion of such ungranted lands, to the extent of one million four hundred thousand acres thereof, for the benefit of the families of the half-breed residents, it is hereby enacted, that, under regulations to be from time to time made by the Governor General in Council, the Lieutenant-Governor shall select such lots or tracts in such parts of the Province as he may deem expedient, to the extent aforesaid, and divide the same among the children of the half-breed heads of families residing in the Province at the time of the said transfer to Canada, and the same shall be granted to the said children respectively, in such mode and on such conditions as to settlement and otherwise, as the Governor General in Council may from time to time determine.(20) 32. For the quieting of titles, and assuring to the settlers in the Province the peaceable possession of the lands now held by them, it is enacted as follows: 1. All grants of land in freehold made by the Hudson's Bay Company up to the eighth day of March, in the year 1869, shall, if required by the owner, be confirmed by grant from the Crown. 2. All grants of estates less than freehold in land made by the Hudson's Bay Company up to the eighth day of March aforesaid, shall, if required by the owner, be converted into an estate in freehold by grant from the Crown. 3. All titles by occupancy with the sanction and under the license and authority of the Hudson's Bay Company up to the eighth day of March aforesaid, of land in that part of the Province in which the Indian Title has been extinguished, shall, if required by the owner, be converted into an estate in freehold by grant from the Crown. (18) Repealed, R.S.C. 1886, sch. A, p. 2280. Replaced by R.S.C. 1886, c. 47, s. 3, which also has been repealed. See For the allowance in lieu of lands see, now, 2 Geo. V, c. 32 (D). possession. 4. All persons in peaceable possession of tracts of land at By peaceable the time of the transfer to Canada, in those parts of the Province in which the Indian Title has not been extinguished, shall have the right of pre-emption of the same, on such terms and conditions as may be determined by the Governor in Council. make pro 5. The Lieutenant-Governor is hereby authorized, under Lieut.regulations to be made from time to time by the Governor Governor to General in Council, to make all such provisions for ascertaining visions unand adjusting, on fair and equitable terms, the rights of Common, and rights of cutting Hay held and enjoyed by the settlers in the Province, and for the commutation of the same by grants of land from the Crown. (21) 33. The Governor General in Council shall from time to time settle and appoint the mode and form of Grants of Land from the Crown, and any Order in Council for that purpose when published in the Canada Gazette, shall have the same force and effect as if it were a portion of this Act. (22) der Order in Council. Governor in Council to appoint form, etc.. of grants. 34. Nothing in this Act shall in any way prejudice or Rights of affect the rights or properties of the Hudson's Bay Company, as contained in the conditions under which that Company affected. surrendered Rupert's Land to Her Majesty. (23) pany not Governor to govern N. W. Territory for 35. And with respect to such portion of Rupert's Land and Lieut.the North-Western Territory, as is not included in the Province of Manitoba, it is hereby enacted, that the Lieutenant-Governor of the said Province shall be appointed, by Commission under the Great Seal of Canada, to be the Lieutenant-Governor of the same, under the name of the North-West Territories, and subject to the provisions of the Act in the next section mentioned. (24) Canada. Act 32-33 V., c. 3, extended 36. Except as hereinbefore is enacted and provided, the Act of the Parliament of Canada, passed in the now last Session thereof, and entitled "An Act for the Temporary Govern- and ment of Rupert's Land, and the North-Western Territory when continued. united with Canada," is hereby re-enacted, extended and continued in force until the first day of January, 1871, and until the end of the Session of Parliament then next succeeding. (25) (21) Repealed, R.S.C. 1886, sch. A, p. 2280. Provisions of this section, except s.-s. 5, embodied in R.S.C. 1906, c. 99, ss. 21, 22. (22) Repealed, R.S.C. 1886, sch. A, p. 2280. (23) Repealed, R.S.C. 1886, sch. A, p. 2280. (24) Repealed, 38 Vict., c. 39, s. 76. MEMORANDUM ON LAW IN FEDERAL MATTERS IN MANITOBA PRIOR TO 1888 (by Mr. J. B. Coyne, K.C. of the Bar of Manitoba.) When Rupertsland and the North West Territories were admitted into Canada the Parliament of Canada was given power to make laws for the area so admitted (sec. 5, Imp. Act, p. 69). By the North West Territories Act, 1869, the Canadian Parliament continued all laws then in effect so far as consistent with the B.N.A. Act, etc. (sec. 5, p. 178). The Manitoba Act (p. 171) contained no specific provision continuing these laws but by that Act all provisions of the B.N.A. Act applicable to all the uniting provinces were made applicable to Manitoba (sec. 2, p. 180). By sec. 129 of the B.N.A. Act all laws of the uniting provinces at the time of the Union were continued in effect. These provisions were interpreted as meaning that the laws of the area embraced in Manitoba as they stood on July 15th, 1870, the date of Manitoba's entry into the Union, continued in Manitoba. The further question was what laws were in effect on July 15th, 1870, in the area embraced in Manitoba. The law of England as of 1670, the date of the Charter of the Hudson's Bay Company, prevailed from the Company's inception in its Territory. But by the Charter and the action of the Company thereunder, the Council of Assiniboia had power to make laws for the Territory. In 1862 the Council enacted that "In place of the laws of England as of the date of the Hudson's Bay Company's Charter, the laws of England of Her Majesty's accession, so far as they may be applicable to the colony, shall regulate the proceedings of the General Court of Assiniboia". On January 7th, 1864, this was amended to embrace English laws as of the latter date. Two cases in the King's Bench of Manitoba, one by the full Court of King's Bench and the other by Taylor, J., held that the English law as it stood on January 7th, 1864, was the law of Assiniboia. But in December, 1887, in Sinclair v. Mulligan, 5 M.R. 17, a different view was expressed in the Full Court of Manitoba, although this was clearly unnecessary for the decision of the case. The trial judge, Killam J., gave his opinion that only the law of England relating to practice and procedure was introduced in 1862 and 1864 into the law of Assiniboia and consequently that the English law of 1670 was the substantive law in Rupertsland and the North West Territories at the time of their becoming part of Canada, and therefore in Manitoba. Taylor, C. J., agreed, although Dubuc, J., the other judge sitting with him in the Full Court, doubted. The Legislature of Manitoba had enacted that the laws of England as of the 15th July, 1870, so far as the same can be made applicable to Manitoba, should be the law of Manitoba in all matters within the jurisdiction of the legislature. (See statutes of 1874, 38 Victoria, c. 12.5.1). In view of the uncertainty caused by Sinclair v. Mulligan in regard to the law governing matters within the legislative jurisdiction of the Dominion, Parliament passed the Act of 51 Victoria, Chapter 53, comprising what is now Sec. 4 of the Manitoba Supplementary Provision Act, making the law of England as of July 15th, 1870, applicable in all matters within the jurisdiction of the Parliament of Canada. (See: Walker v. Walker, 1918, 2 W.W.R. 233, 28 M.R. 495, Court of Appeal; 1919, 2 W.R. 935, A.C. 947, 88 L.J.P.C. 156.) Thereby English law of that date so far as it could be applied to conditions in Manitoba, became the law of Manitoba in both fields, provincial and federal. Short title. THE MANITOBA SUPPLEMENTARY PROVISIONS ACT R.S., 1927, CHAPTER 124 An Act respecting the Province of Manitoba (1) SHORT TITLE 1. This Act may be cited as the Manitoba Supplementary Provisions Act. R.S., c. 99, s. 1. INTERPRETATION Definitions. "Commissioners." "Minister." "Province." 2. In this Act, unless the context otherwise requires, R.S., Allotment of 150,000 acres for a university. Laws in force in Manitoba. PART I 3. An allotment of land, not exceeding one hundred and fifty thousand acres, of fair average quality, shall be selected by the Dominion Government and granted as an endowment to the University of Manitoba for its maintenance as a university capable of giving proper training in the higher branches of education, and to be held in trust for that purpose upon some basis or scheme to be framed by the University and approved by the Dominion Government. R.S., c. 99, s. 4. 4. Subject to the provisions of this Act, the laws of England relating to matters within the jurisdiction of the Parliament of Canada, as the same existed on the fifteenth day of July, one thousand eight hundred and seventy, were from the said day and are in force in the Province, in so far as applicable to the Province, and in so far as the said laws have not been or are not hereafter repealed, altered, varied, modified or (1) This Act is a consolidation of the following Acts:- 39 Vict., c. 20 (Roads and Road Allowances in Manitoba), 1876. 51 Vict., c. 33 (Application of certain laws to Manitoba), 1888. 58-59 Vict., c. 30 (Roads and Road Allowances in Manitoba), 1895. |