صور الصفحة
PDF
النشر الإلكتروني

PART V

ACTS OF CANADA

RELATING TO

FEDERAL CONSTITUTIONAL MATTERS

SUCCESSION TO THE THRONE ACT

1 GEORGE VI, CHAPTER 16

An Act respecting alteration in the law touching the
Succession to the Throne(1)

[Assented to 31st March, 1937.]

WHEREAS his former Majesty, King Edward VIII, by His Preamble. Royal Message of the tenth day of December, in the year of Our Lord one thousand nine hundred and thirty-six, was pleased to declare that He was irrevocably determined to renounce the Throne for Himself and His descendants, and that He had for that purpose executed the Instrument of Abdication, which is set out in Schedule One to this Act, and signified his desire that effect thereto should be given immediately:

AND WHEREAS, following upon communication to His Majesty's Government in Canada of his former Majesty's said declaration and desire, the request and consent of Canada, pursuant to the provisions of section four of the Statute of Westminster, 1931, to the enactment of His Majesty's Declaration of Abdication Act, 1936, which is set out in Schedule Two to this Act, was communicated to His Majesty's Government in the United Kingdom:

AND WHEREAS the following recital is set forth in the preamble to the Statute of Westminster, 1931:

of Westminster,

"AND WHEREAS it is meet and proper to set out by Statute way of preamble to this Act that, inasmuch as the Crown is the symbol of the free association of the members of the British Commonwealth of Nations, and as they are united 22 Geo. V,

(1) It is provided in the preamble to the Statute of Westminster that any alteration in the law touching the Succession to the Throne shall require the assent of the Parliaments of all the Dominions.

On the 10th of December, 1936, King Edward the Eighth sent a message to the House of Commons of the United Kingdom to the effect that he had determined to renounce the throne. The message was accompanied by an instrument of abdication which had previously been executed and been witnessed by the King's three brothers. His Majesty's Declaration of Abdication Bill was brought in the same day and given a first reading in the House of Commons of the United Kingdom, whilst in Canada, as the House was not in session at that time, an order in council was passed expressing the request and consent of Canada to the bill in conformity with the spirit and provisions of the Statute of Westminster. In London the Act was passed and received assent the next day. In Canada the Succession to the Throne Bill was introduced on the 14th day of January, 1937, which was the first day of the session and received second and third readings in the House on the 19th of the same month. See note to the Preamble of the Statute of Westminster.

UK.

c. 4.

449

[blocks in formation]

by a common allegiance to the Crown, it would be in accord with the established constitutional position of all the members of the Commonwealth in relation to one another that any alteration in the law touching the Succession to the Throne or the Royal Style and Titles shall hereafter require the assent as well of the Parliaments of all the Dominions as of the Parliament of the United Kingdom";

and accordingly it becomes necessary to declare the Assent of the Parliament of Canada to the alteration in the law touching the Succession to the Throne set forth in His Majesty's Declaration of Abdication Act, 1936.

NOW, THEREFORE, His Majesty by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. The alteration in the law touching the Succession to the Throne set forth in the Act of the Parliament of the United Kingdom intituled "His Majesty's Declaration of Abdication Act, 1936" is hereby assented to.

SCHEDULE ONE

INSTRUMENT OF ABDICATION

I, Edward the Eighth, of Great Britain, Ireland, and the British Dominions beyond the Seas, King, Emperor of India, do hereby declare My irrevocable determination to renounce the Throne for Myself and for My descendants, and My desire that effect should be given to this Instrument of Abdication immediately.

In token whereof I have hereunto set My hand this tenth day of December, nineteen hundred and thirty-six, in the presence of the witnesses whose signatures are subscribed.

Signed at Fort Belvedere

in the presence of

ALBERT.

EDWARD R.I.

HENRY.

GEORGE.

A.D. 1936.

SCHEDULE TWO

AN ACT OF THE PARLIAMENT OF THE UNITED KINGDOM INTITULED: An Act to give effect to His Majesty's declaration of abdication; and for the purposes connected therewith.

WHEREAS His Majesty by His Royal Message of the tenth day of December in this present year has been pleased to declare that He is irrevocably determined to renounce the Throne for Himself and His descendants, and has for that purpose executed the Instrument of Abdication set out in the Schedule to this Act, and has signified His desire that effect thereto should be given immediately;

AND WHEREAS, following upon the communication to His Dominions of His Majesty's said declaration and desire, the Dominion of Canada pursuant to the provisions of section four of the Statute of Westminster, 1931, has requested and consented to the enactment of this Act, and the Commonwealth of Australia, the Dominion of New Zealand, and the Union of South Africa have assented thereto:

BE IT THEREFORE enacted by the King'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:

Majesty's declaration of abdica

1. (1) Immediately upon the Royal Assent being signified to this Act Effect the Instrument of Abdication executed by His present Majesty on the of His tenth day of December, nineteen hundred and thirty-six, set out in the Schedule to this Act, shall have effect, and thereupon His Majesty shall cease to be King and there shall be a demise of the Crown, and accordingly the member of the Royal Family then next in succession to the Throne shall succeed thereto and to all the rights, privileges, and dignities thereunto belonging.

(2) His Majesty, His issue, if any, and the descendants of that issue, shall not after His Majesty's abdication have any right, title or interest in or to the succession to the Throne, and section one of the Act of Settlement shall be construed accordingly.

(3) The Royal Marriages Act, 1772, shall not apply to His Majesty after His abdication nor to the issue, if any, of His Majesty or the descendants of that issue.

tion.

2. This Act may be cited as His Majesty's Declaration of Abdication Short title. Act, 1936.

SCHEDULE

I, Edward the Eighth of Great Britain, Ireland, and the British Dominions beyond the seas, King, Emperor of India, do hereby declare My irrevocable determination to renounce the Throne for Myself and for My descendants, and My desire that effect should be given to this Instrument of Abdication immediately.

In token whereof I have hereunto set My hand this tenth day of December, nineteen hundred and thirty-six, in the presence of the witnesses whose signatures are subscribed.

Signed at Fort Belvedere

in the presence of

ALBERT.

HENRY.
GEORGE.

EDWARD R. I.

« السابقةمتابعة »