{"http:\/\/dx.doi.org\/10.14288\/1.0063839":{"https:\/\/open.library.ubc.ca\/terms#identifierAIP":[{"value":"31caf40d-e708-4f64-ae4b-8256966782ac","type":"literal","lang":"en"}],"http:\/\/www.europeana.eu\/schemas\/edm\/dataProvider":[{"value":"CONTENTdm","type":"literal","lang":"en"}],"http:\/\/purl.org\/dc\/terms\/alternative":[{"value":"ACTS OF 1897.","type":"literal","lang":"en"}],"http:\/\/purl.org\/dc\/terms\/isReferencedBy":[{"value":"http:\/\/resolve.library.ubc.ca\/cgi-bin\/catsearch?bid=1198198","type":"literal","lang":"en"}],"http:\/\/purl.org\/dc\/terms\/isPartOf":[{"value":"Sessional Papers of the Province of British Columbia","type":"literal","lang":"en"}],"http:\/\/purl.org\/dc\/terms\/creator":[{"value":"British Columbia. Legislative Assembly","type":"literal","lang":"en"}],"http:\/\/purl.org\/dc\/terms\/issued":[{"value":"2014-11-28","type":"literal","lang":"en"},{"value":"[1898]","type":"literal","lang":"en"}],"http:\/\/www.europeana.eu\/schemas\/edm\/aggregatedCHO":[{"value":"https:\/\/open.library.ubc.ca\/collections\/bcsessional\/items\/1.0063839\/source.json","type":"literal","lang":"en"}],"http:\/\/purl.org\/dc\/elements\/1.1\/format":[{"value":"application\/pdf","type":"literal","lang":"en"}],"http:\/\/www.w3.org\/2009\/08\/skos-reference\/skos.html#note":[{"value":" 61 Vict.\nActs of 1897.                                                    645\nPAPEES\nRelating to the Acts passed by the Legislature of the Province of British Columbia\nduring the Session of 1897.\nBy Command.\nJAMES BAKER,\nProvincial Secretary.\nProvincial Secretary's Office,\n14th February, 1898.\nOttawa, 25th October, 1897.\nSir,\u2014Referring to your despatch, No. 51, of the 14th May last, transmitting therewith\nthe Acts passed by the Legislature of your Province, I have the honour to inform you that\nHis Excellency the Administrator of the Government, on the 20th inst., was pleased to order\nthat the said Acts be left to their operation without any observations, with the exception of\nchapters 1, 2, 17, 62 and 67, which will form the subject of separate reports.\nHerewith you will find enclosed the Order of His Excellency in Council upon the subject.\nI have, <fcc,\n(Signed)       Joseph Pope,\nUnder Secretary of State.\nHis Honour the Lieutenant-Governor\nof British Columbia,  Victoria, B. C.\n2915\nExtract from a Report of the Committee of the Honourable the Privy Council,  approved by\nHis Excellency on the 20th October, 1897.\nThe Committee, of the Privy Council have had under consideration a report, hereto\nannexed, dated 15th October, 1897, from the Minister of Justice, stating that he has examined\nthe Acts passed by the Legislature of the Province of British Columbia in the sixtieth year\nof Her Majesty's reign (1897), received by the Secretary of State for Canada on the 21st day\nof May, 1897.\nThe Minister states he is of opinion that they may be left to their operation without any\nobservations, with the exception of chapters 1, 2, 17, 62 and 67, which will form the subject\nof separate reports.\nThe Committee concurring in the said annexed report, advises that the said Acts, as\nrecommended, be left to their operation; and that Your Excellency be moved to forward a\ncertified copy of this Minute, and the accompanying report, to the Lieutenant-Governor of\nBritish Columbia for the information of his Government.\nAll of which is respectfully submitted for Your Excellency's approval.\n(Signed) John J. McGee,\nClerk of the Privy Council.\nHis Honour the Lieutenant-Governor\nof the Province of British Columbia. 646 Acts of 1897. 1898\nDepartment of Justice, Canada,\nOttawa, 15th October, 1897.\nTo His Excellency the Governor-General in Council:\nThe undersigned has the honour to report that he has examined the Acts passed by the\nLegislature of the Province of British Columbia in the sixtieth year of Her Majesty's reign\n(1897), received by the Secretary of State for Canada on the 21st day of May, 1897; and he\nis of opinion that they may be left to their operation without any observations, with the\nexception of chapters 1, 2, 17, 62 and 67, which will form the subject of separate reports.\nThe undersigned recommends that a copy of this report, if approved, be sent to the\nLieutenant-Governor of the Province for the information of his Government.\nRespectfully submitted.\n(Signed)        O. Mowat,\nMinister of Justice.\nOttawa, 25th October, 1897.\nSir,\u2014Following up my letter of this day's date respecting the Acts passed by the Legislature of your Province in the sixtieth year of Her Majesty's Reign, I have the honour to\ninform you that on the 20th inst., His Excellency the Administrator of the Government was\npleased to order that chapters 17, 62 and 67 of the said Acts be left to their operation.\nI am at the same time to enclose the Order of His Excellency in Council upon the\nsubject.\nI have, dec.,\n(Signed)        Joseph Pope,\nUnder Secretary of State.\nHis Honour the Lieutenant-Governor\nof British Columbia, Victoria, B. C.\n2916\nExtract from a Report of the Committee of the Honourable the Privy Council,  approved by\nHis Excellency on the 20th October, 1897.\nThe Committee of the Privy Council have had under consideration a report, hereto\nannexed, dated 15th October, 1897, submitted by the Minister of Justice regarding the\nfollowing Acts passed by the Legislature of the Province of British Columbia in the sixtieth\nyear of Her Majesty's reign (1897), received by the Secretary of State for Canada on the 21st\nday of May, 1897, namely, chapter 17, \" An Act to amend and consolidate the law relating to\nLunatic Asylums and the care and custody of the Insane\"; chapter 62, \"An Act to incorporate\nthe 'South Kootenay Water-power Company,'\" and chapter 67, \"An Act to incorporate the\n' Okanagan Water-power Company.' \"\nThe  Minister recommends that the Statutes above mentioned   be left to their operation.\nThe Committee, concurring in the said annexed report and the recommendations therein\nmade by the Minister of Justice, advise that Your Excellency be moved to transmit a certified\ncopy of this Minute, and of the annexed report, if approved, to the Lieutenant-Governor of the\nProvince of British Columbia for the information of his Government.\n(Signed)        John J. McGee,\nClerk of the Privy Council.\nHis Honour the Lieutenant-Governor\nof the Province of British Columbia. 61 Vict. Acts of 1897. 647\nDepartment of Justice,\nOttawa, 15th October, 1897.\nTo His Excellency the Governor-General in Council :\nThe undersigned has the honour to report upon the following Acts passed by the Legislature of the Province of British Columbia in the sixtieth year of Her Majesty's reign (1897),\nreceived by the Secretary of State for Canada on the 21st day of May, 1897, viz.:\nChapter 17.\u2014\"An Act to amend and consolidate the Law relating to Lunatic Asylums\nand the care and custody of the Insane.\"\nSection 51 provides that certain persons who may sign orders, statements or certificates\nunder any section of the Act shall not be liable to any civil or criminal proceedings on the\nground of want of jurisdiction, or on any other ground, if they have acted in good faith and\nwith reasonable care.\nThe undersigned observes that a Provincial Legislature has no authority to exempt any\nperson from such criminal proceedings as are authorised by the Dominion Parliament, and that\nthis section in so far as it attempts to make any such exemption is ultra vires. The undersigned does not consider, however, that the Statute should on that ground be disallowed.\nChapter 62.\u2014\"An Act to incorporate the 'South Kootenay Water-power Company.'\"\nChapter 67.\u2014\"An Act to incorporate the 'Okanagan Water-power Company.'\"\nEach of these Statutes contains a section, namely, 33, providing a penalty for malicious\ninjury to the property of the Company. The Parliament of Canada, under its authority to\nlegislate with regard to criminal law, has already dealt with the subject of malicious injury to\nproperty, and that legislation would cover the offences sought to be created by the sections in\nquestion. These sections seem strictly to relate to criminal law, and occupying ground which\nhas been already traversed by Parliament, are, in the opinion of the undersigned, idtra vires.\nIf a question should arise with regard to them they may be so declared by the Courts, and the\nundersigned does not consider that any harm would ensue from leaving these Statutes to their\noperation.\nThe undersigned recommends that the Statutes mentioned in this report be left to their\noperation, and that a copy of this report, if approved, be transmitted to the Lieutenant-\nGovernor of the Province for the information of his Government.\nRespectfully submitted,\n(Signed) O. Mowat.\nMinister of Justice.\nOttawa,  11th November, 1897.\nSir,\u2014Following up my letter of the 25th October, 1897, respecting the Acts passed the\nLegislature of your Province in the 60th year of Her Majesty's Reign, I have the honour to\ninform you that on the 8th instant, His Excellency the Governor-General, in view of the\nreasons which may be urged in favour of Provincial right, was pleased to order that chapter\n2 of the said statutes intituled \" An Act for the Incorporation and Regulation of Joint Stock\nCompanies and Trading Corporations \" be left to its operation.\nThe order of His Excellency on the subject, and the report of the Minister of Justice\nthereto annexed, are herewith transmitted for the information of your Government.\nI have, etc.,\n(Signed)        Joseph Pope,\nUnder-Secretary of State.\nHis Honour the Lieutenant-Governor\nof British Columbia,   Victoria, B. C. 648 Acts of 1897. 1898\n3114.\nExtract from a Report of the Committee of the Honourable the Privy Council, approved by His\nExcellency on the 8th November, 1897.\nThe Committee of the Privy Council have had under consideration a report, hereto\nannexed, dated 20th October, 1897, from the Minister of Justice, respecting chapter 2 of the\nStatutes of the Province of British Columbia, passed in the sixtieth year of Her Majesty's\nreign (1897) intituled \"An Act for the Incorporation and Regulation of Joint Stock Companies and Trading Corporations,\" and received by the Secretary of State for Canada on the\n21st day of May, 1897.\nThe Minister, in view of the reasons which may be urged in favour of the Provincial right,\nrecommends that the Act be left to its operation.\nThe Committee concur in the said annexed report, and the recommendation made by the\nMinister of Justice therein, and advise that the said Act be left to its operation; and that a\ncertified copy of this Minute and of the said annexed report, if approved, be transmitted to the\nLieutenant-Governor of the Province of British Columbia, for the information of his Government.\n(Signed)        John J.  McGee,\nClerk of the Privy Council.\nHis Honour the Lieutenant-Governor\nof the Province of British Columbia.\n(Annex \"a\" to P. C. 3114, 8th November, 1897.)\nDepartment of Justice, Canada,\nOttawa, 20th October,  1897.\nTo His Excellency the Governor-General in Council :\nThe undersigned has had under consideration Chapter 2 of the Statutes of the Province\nof British Columbia, passed in the 60th year of Her Majesty's Reign (1897), received by the\nSecretary of State for Canada on the 21st of May, 1897, intituled \"An Act for the Incorporation and Regulation of Joint Stock Companies and Trading Corporations.\"\nThis Act provides for the incorporation and regulation of joint stock companies. The\nword \" company \" as used in the Act is defined to mean any company incorporated under the\nAct for any purposes or objects to which the legislative authority of the Legislature of British\nColumbia extends, except the construction and working of railways and the business of insurance ; and the expression \"extra-provincial company\" is defined to mean any duly incorporated company other than a company incorporated under the laws of the Province of British\nColumbia.\nPart VI. of the Act, which is entitled \"Licensing and Registration Of Extra-Provincial\nCompanies,\" provides, among other things, that unless otherwise provided by any Act, no extra-\nprovincial company having gain for its purpose and object, shall carry on any business within\nthe scope of this Act in the Province, unless and until it shall have been duly licensed or registered under the Act, and thereby expressly authorised to carry on such of its business as is\nspecified in the licence or certificate of registration, and any such company which fails or\nneglects to obtain such licence or certificate of registration, shall incur a penalty of $50.\nThere are special provisions with regard to companies incorporated under the laws of Great\nBritain or Ireland, or of the Dominion of Canada, of the Old Province of Canada, or of any\nof the Provinces of Canada, which provide in effect that any extra-provincial company so incorporated and authorised by its charter and regulations to carry out or effect any of the purposes\nor objects to which the legislative authority of the Legislature of British Columbia extends,\nmay obtain a licence authorising it to carry on business within the Province on compliance with\nthe provisions of the Act, and on payment to the Registrar of certain fees set forth in a schedule to the Act. The provisions of the Act, compliance with which is required, in order to the\nobtaining of such a licence, are in addition to payment of the required fees, the filing with the\nRegistrar of the charter and regulations of the company, an affidavit or statutory declaration 61 Vict. Acts of 1897.\nthat the company is still in existence and authorised to transact business under its charter, a\ncopy of the last balance sheet of the company, the auditor's report thereon and a power of\nattorney from the company to some person residing within the Province where the head office\nof the company in the Province is situate, to act as attorney of the company.\nThe Act appears to intend, therefore, that upon compliance with these conditions, the company shall be entitled to a licence.\nThe general scope of the Act appears to provide for the incorporation of companies, which\nmay be incorporated under the authority of the Province, the distribution of the capital and\nliability of the shareholders of such companies and their powers, management and administration.\nIt appears to the undersigned, therefore, that the provisions of the statute with regard to\nthe licensing of companies incorporated by the Dominion Parliament, are not intended to effect\nthe execution of powers which could not be competently conferred by the Provincial Legislature, and that the Act was not intended to impose any condition upon the exercise by a Dominion corporation of powers conferred by Parliament within the scope of the subjects specially\nenumerated in section 91 of the \"British North America Act.\" If the Act were intended to\napply to such companies, it would be necessary to consider the propriety of its disallowance\non the grounds which led to the disallowance of a recent statute of the Legislature of Manitoba\n(58-59 Victoria, Chapter 4). See the report of Sir Charles Hibbert Tupper, when Minister\nof Justice, approved by Your Excellency on 8th November, 1895, and the report of Mr.\nDickey, his successor, approved on 25th March, 1896.\nIt is true that the Parliament of Canada has authority, not apparently by reason of any\nof the special subjects of legislation enumerated in section 91, but by force of its general\nauthority to legislate for the peace, order and good government of Canada, to incorporate\ncompanies with powers which would otherwise be exclusively within Provincial authority\nwhere such powers are to be exercised by the company within two or more Provinces of the\nDominion, and it may be that such companies, under the provisions in question, would be\nrequired to take out licences in order to entitle them to carry on their business in British\nColumbia.\nThe undersigned observes, however, that no power is attempted to be conferred by this\nAct which would authorise the licensing authority in refusing a licence to such a company\nwhere the company had complied with the requirements of the Act, which seem not unreasonable as to the filing of information and payment of fees, and although there may be different\nviews as to the power of a Provincial Legislature to impose such a restriction upon any company incorporated under the legislative authority of Parliament, yet the undersigned considers\nin view of the reasons which may be urged in favour of the Provincial right, he would not be\njustified in recommending the disallowance of this Act, and he recommends that the Act be\nleft to its operation, and that a copy of this report, if approved, be transmitted to the Lieutenant-Governor of the Province for the information of his Government.\nRespectfully submitted,\n(Signed) O.  Mowat,\nMinister of Justice.\nVICTORIA, B.C.:\nPrinted by Richard Wolfenden, Printer to the Queen's MoBt Excellent Majestj.\n1898. 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