[riddell] BRITISH NORTH AMERICA ACT, 1867 91 



The Quebec Act of 1774 provided that every Ordinance should be 

 transmitted to His Majesty within six months of its passing for the 

 Royal approbation, and that if disallowed it should cease to have 

 effect from the promulgation at Quebec of His Majesty's Disallow- 

 ance — no ordinance could be made without the consent of the Gov- 

 ernor.^ 



In the Constitutional Act of 1791, the provisions are substantially 

 as at present;^ and also in the Union Act of 1840.^ 



On motion of Mr. Mowat, the Delegates at Quebec, unani- 

 mously passed the following Resolutions: 



"8. Any bill of the General Parliament may be reserved in the 

 usual manner for Her Majesty's assent . 



"9. Any bill passed by the General Legislature shall be subject 

 to disallowance by Her Majesty within two years as in the case of 

 bills passed by the said Provinces hitherto. . . 



These appear in the same form in the Report of the Delegates, 

 and in the Resolutions of the Conference as Westminster, but in the 

 Rough Draft the present form makes its appearance in substance.'* 



Section 58 Provides for the appointment of a Lieutenant- 

 Governor for each Province by the Governor-General in Council. 



At the time of the Conquest of Quebec, there were three ad- 

 ministrative Districts in the eastern part of Canada: Quebec, Mon- 

 treal and Three Rivers. Amherst, in 1760, appointed Brigadier- 

 General Gage Lieutenant Governor of Montreal and dependencies, 

 Colonel Burton, Lieutenant-Governor of Three Rivers and depend- 

 encies. Monckton had the previous year before his departure from 

 the Colony appointed General James Murray, Governor of Quebec 

 and Col. Burton, Lieutenant-Governor, and when Amherst took 

 command, Murray continued to act as Governor of Quebec. 



When the time came for civil government to be established, it 

 was decided to continue the division into three districts, but to make 

 Quebec the residence of the Governor-in-Chief. It was decided to 



Governor "by and with the advice and assistance of His Majesty's Council", or "by 

 and with the advice and consent of His Majesty's Council." — sometimes "Council of 

 the same", or "Council of this Province" is used instead of "His Majesty's Council." 

 ^ Shortt and Doughty, p. 405. 



2 (1791) 31 George III, C. 31, SS. 30, 31, Shortt & Doughty, p. 701. 



3 (1840) 3 and 4 Vict., C. 35, SS. 37, 38, 39 (Imp.). The "practice of returning 

 colonial laws for their approval in England goes back to the days when Virginia and 



Bermuda were governed by chartered commercial companies By the end of 



the 17th Century the routine of transmitting acts for the Royal approval had be- 

 come fairly well established. "The Royal Disallowance in Massachusetts" 24 

 Queen's Quarterly, pp. 338 sqq., by A. G. Dorland. 



* Pope, "Confederation," pp. 31, 48, 87, 88, 107, 129, 149, 166, 189, 224, 260. 



