ouAP. I] PRINCIPLES OF IMPERIAL CONTROL 1031
African Colonies in 1905. In 1869, on the other hand,
the Imperial Government merely pointed out that certain
sections of an Act contained a provision ultra vires as tending
to affix a criminal character to acts done on the high seas,
and in the next year the Act was amended accordingly to
obviate this error.2 An Act of 1873 which purported to give
power to the committees of the House of Commons and the
Senate to examine in certain cases witnesses on oath was
disallowed on the ground that it was repugnant to the
provisions of the British North America Act regarding the
privileges of the Parliament of Canada,® but an Imperial Act
of 1875 (c. 38) secured the grant of further powers, and vali-
dated ex post facto an Act of 1868 (c. 24) which had been
assented to, but was certainly invalid, as it gave the Senate
the power of administering oaths to the witnesses at the bar,
a power not enjoyed in 1867 by the House of Commons of
the United Kingdom. The Oaths Act was accordingly re-
enacted and assented to in 1876.4 In 1872 a Canada Copy-
right Bill® was not allowed to take effect as it was ultra
vires in view of Imperial legislation, and so the Act of 1889
(c. 29) never became effective.® On the other hand the Act
of 1875 was validated by an Imperial Act.?
- Canada Sess. Pap., 1870, No. 39. ? 33 Viet. c. 26.
' Canada House of Commons Journals, October 23, 1873; Sess. Pap,
1876, No. 45; Imperial Act 38 & 39 Vict. c. 38; Parl. Pap., C. 83.
* 39 Viet. c. 7. § Provincial Legislation, 1867-95, pp. 11-3.
! Ibid., pp. 30 seq. 7 See 38 Vict. c. 88 and 38 & 39 Vict. c. 53.
