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Maps, plates, charts, etc., may be filmed at different reduction ratios. Those too large to be entirely included in one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: Les cartes, planches, tableaux, etc., peuvent gtre film^s ck des taux de reduction diff^rents. Lorsque le document est trop grand pour etre reproduit en un seul cliche, il est film^ d partir de Tangle sup^rieur gauche, de gauche it droite, et de haut en bas, en prenant le nombre d'images n^cessaire. Les diagrammes suivan's illustrent la m^thode. 1 2 3 1 2 3 4 5- 6 Vol Vol. II.— No. VI. > • i-c oil Cm. .y. April, i8;o. THE Juridical Review A JOURNAL OF LEGAL AND POLITICAL SCIENCE PUBLISHED QUARTERLY • 131 . 143 By • 147 By • 155 • 165 Contents Portrait of Professor LORIMER, . . . Frontispiece Professor Lorimer. By Professor FLINT, . Page 113 The Supreme Court of the Uriited States. By Edward J. Phelps, . . . . . . .122 The Federal Constitution of Canada. By J. G. BOURINOT, C.M.G., D.C.L., Divorce in France. By Jules Ciiallamel, . The Question of Fusion in the Legal Profession. Charles Sweet, ..... The Work of the West Indian Commissioners. I, A. Wood Renton, .... Current Topics, ..... Howard Association — Capital Punishment — Improvement of the Law — Where is the Scottish Department.'' — International Copy- right—Australia — India — Law of Succession — The Companies' Winding-up Bill, 1890— Income Tax on Life Assurance Funds — Betterment — Aurelio Saffi. Reviews of Books, . . . . . .177 Pacchioni : Studi di Diritto Private, by Professor Kirkpatrick — Guerin : Etude sur la Procedure Criminelle en Angleterre et enEcosse,byJ. Mackintosh — Watson's Bell's Law Dictionary, by J. F. M'Lennan— Neilson's Trial by Combat— Raleigh's Outline of the Law of Property — La Lucha por las Nacionali- dades, &c. Notes on Decided Cases, . . . . .189 Bills of Exchange — Delivery without Indorsation — Contract — Specific Implement — Church in Landward-burghal Parish — Allocation — Sale of Seats— Postnuptial Contract of Marriage — Reciprocal Provisions— Jus Crediti — Present Assignable Right — Contract — Essential Error — Prescriptive Possession — Colonial Appeals. (ffifliinbursf? WILLIAM GREEN & SONS iLab) Boofiseller0 LONDON: STEVENS & HAYNES AgenU for America: THE BOSTON BOOK CO., BOSTON. U.S.A. List of Investment, Mortgage, Loan, Security Companies, Banks, &c. The Anglo- Argentine Bank, Ltd.— 4^ and 5 per Cent, Deposits. Authorised Capital, £1,000,000 ; Subscribed, i'500,000 ; Paid-up, £250,000. i>tV«c(or«— Sampson S. Lloyd, Esq., Chairman ; Sir Henry Cartwright ; Edward Bunge, Esq. ; Henry A. Greig, Esq. ; Charles E. Gunther, Esq. ; James Hemmerde, Esq. ; William Kaye, Esq. ; Henry J. Norman, Esq. Head Office, 15 Nicholas Lane, London, E.G. Deposits of £100 and upwards for fixed periods are received at the following rates— For One Year, 4^ per Cent. ; for Two or Three Years, 5 per Cent. Any further information can be obtained from Guild & Shepherd, W.S., Depoiit Agents, 63 Castle Street, Edinburgh. The Equitable Mortgage Company. — 5 per Cent. Debentures and Deposits. Second Issue of £150,000 Debentures. JUead Office, 208 Broadway, New York. London Office, 150 Leadenhall Street, E.G. Subscribed Capital, £400,000 ; Paid-up, £200,000 ; Uncalled, £200,000; Surplus and Undivided Profits, £49,162, 58. 9d. Trmtees for British Debenture- hclders — Charles Seymour Grenfell, Esq. (Messrs. Pascoe Grenfell & Sons), London, and Harvey Ranking, Esq. (Messrs. John Ranking & Co.), London. This Company is now issuing Debentures repayable in three, five, or seven years bearing 5 per cent., principal aud interest payable in London. Each Debenture bears a certificate by the English Trustees that against it are deposited with them First Mortgages on American Lands in cultivation, such Lands being valued at two and .i-halt times the amount lent by the Company on them. Deposits are also received at short dates at the same rate of Interest. For particulars apply to Guild & Shepherd, W.S., 63 Castle Street, Edinburgh ; Finlayson & Auld, Writers, 213 West George Street, Glasgow. The Fidelity Loan and Trust Company. — 5 per Cent. Debentures and Deposits. New York Office, 37 Wall Street. Subscribed Capital, £103,092, ISs. 8d. ; Paid-up Capital, £78,422, 13s. 8d. ; Surplus and Undivided Profits, £10,510, 5s. 2d. Trustees for the Debenture- holders in Great Britain — The Hon. Francis Jeffrey Moncreiff, C.A., Edinburgh ; Robert Strathem, Esq., W.S., Edinburgh j John P. Wright, Esq., W.S., Edinburgh. Bankers in New York — John Paton & Company. Bankers in Great Britain, The British Linen Company Bank, London, Head Office, and Branches. Debentures for Five Years, bearing interest at 5 per Cent., are issued for amounts of £50 and upwards, the said Debentures being secured by carefully selected Farm Mortgages valued at two and a-half times the amount lent, the Mortgages them selves being assigned to aud deposited with the above-named Trustees, the Assignations in favour of the Trustees being duly recorded in the County Register of the State in which the lands lie. Deposits are also received at short dates at the same rate of interest. Further infor- mation can be obtained from Guild & Shepherd, W.S., 63 Castle Street, Edinburgh ; Tinlayson 6 Auld, Writers, 213 West George Street, Glasgow. The British Canadian Loan and Investment Company (Limited).— 4J per Cent. Debentures. Incorporated by Act of Dominion Parliament. Subscribed Capital, £332,876 ; Paid-up Capital, £66,249 5 Reserve Fund, £14,383. A. H. Campbell, Esq., Toronto, President. The Company receives Loans of £20 and upwards on Debenture — For Three Years, at 4 per Cent. ; for Five Years and upwards, 4J per Cent. Scott Moncrieff & Trail, W.S., Agents, 17 Duke Street, Edinburgh. Scottish Queensland Mortgage Company, Ltd. — Subscribed Capital, £172,160; Paid-up, £51,282 ; Reserve Fund, £4000. William Ferguson, Esq. of Kinmundy, Chah-man, Debentures for periods of three or five years at 4 and 4J per Ce'^ are issued. The borrowing powers are restricted to the amount of the Uncalled and Unpaid Capital. Application Forms and information may be had from Brown & Macdonald, C.A., Secretaries, 3 Pitt Street, Edinburgh. Oregon Mortgage Company, Ltd.— Subscribed Capital, £275,000 ; Reserve, £13,500. Patrick W. Campbell, Esq., W.S. (Mylne & Campbell, 86 Castle Street, Edinburgh), Chairman. This Company is issuing Debentures, for periods of three and five years, bearing interest at 4^ per Cent, per annum. The Borrowing Powers of the Company are restricted to the amount of the Uncalled Capital. Application forms and every information may be had from James Macdonald, W.S., Secretary, 21 Thistle Street, Edinburgh. Jarvis-Conklin Mortgage Trust Company, United States and London.— Authorised Capital, $6,000,000 (about £1,237,000) ; Capital Paid-up, $1,500,000 (about £309,000). Trustees for the Debenture-holders — Beaumont W. Lubbock, Esq., Banker, 16 Lombard Street, London ; John Birkbeck Lubbock, Esq., Banker, 15 Lombard Street, London ; Alfred Fryer, Esq., Wilmslow, Cheshire. This Company is now ofTuring five and ten year sterling Debentures at 5 per Cent, interest payable half-yearly, at the Banking- House of Messrs. Robarts, Lubbock & Co., 15 Lombard Street, London. These Deben- tures are secured by the deposit in the hands of the Trustees of First Mortgage Securities, equal in amount to the Debentures issued. The Mortgages deposited with the Trustees are on Freehold Properties, the amount lent on Mortgage not exceeding in any case 40 per cent, of the value of the Property. Each Debenture bears the certificate of the Trustees that they have received and hold such Mortgage Securities. The Debentures are further secured by the general assets of the Company. The Company also receives money (not less than £200) for investment on First Mortgage at 6 per Cent, interest, or with Guarantee of Company at 6^ per Cent. Money received on deposit for one or more yean at 4^ per Cent Full information on application to Maclean Brodie & Forgie, C.A., 22 Benfield Street, Glasgow. The Bank of South Australia, Limited.— Estftblished 1841. 4} per Cent. D ; ^ Capital Paid-up, £800,000 { Reserve Fund, £100,000; Reserve Liability, £800,000! '.ko^ £1,700,000. Money received on Deposit for fixed periods at the following r*tes : — 4 f ' - for One Year, 4} per Cent, per Annum for Two or more Years. Interest remitted b\ .«« aA».K .Thi>« imd Slat December. Maolem Brodie k Forgie. C.A.. 28 Kenfieldt , ?s, 131 ) u THE FEDERAL CONSTITUTION OF CANADA. rriHE British North xVmerica Act, (a) which received the -*- assent of the Queeu on the 29th of Marcli, 1867, and came into force by royal i)rochimation on tlie 1st of July in the same year, gave a constitutional existence to the dominion of Canada, which, at that time, comprised only the four provinces of Quebec and Ontario — previously known as Upper and Lower Canada — and Nova Scotia and New Brunswic;K. In the course of the succeeding six years, the pro- vinces of British Columbia (h) and Prince Edward Island (c) were added to the Union, and a new province, under the name of Manitoba, ((7) carved out of the North-Wcst Territory. This vast North-Wcst Territory was, after the purchase of the rights of the Hudson's Bay Company in Rupert's Land, formally transferred to the Dominion by an imperial order in Council, on the 15th of July, 1870, and it is now divided into five provisional districts for the pur- poses of government, known as Keewatin, Assiniboia, Alberta, Saskatchewan, and Athabasca. ((') Previous to the passage of the British North America Act, all these provinces (with the exception of Manitoba — which, as just stated, was a subsequent creation — and the old (o) Imp. Stat., 30 & 31 Vict. c. 3. (b) iCan. Stat., 1873, p. ix. (c) Ibid. 1872, p. xxxiv. (d) Ibid. 33 Vict. c. 3. (e) See Imp. Stat., 31 & 32 Vict. c. 105 ; Ibid. 34 & 35 Vict. c. 28 ; Imp. Orders in Council, 1870, 1880 (Can. Stat., 1872 and 1881) ; Bourinot's " Manual of tlie Constitutional History of Cniada," pp. 58-60, 105. •'?'■- 132 THK .ii;i:ii)icAL iievikw. 9 colony of British C/oliiiiil)ia,(a) on the Pacific Coast), wore in thu possession of a coniph^te system of parliamentary go \oni- ment, in all essential respects ti transcript of the I>ritisli system. Each [)rovince was governed by a Lieutenant- Governor, 11 Legislature of two Houses, and an Executive Council, whose members continued in office only so long as they possessed the support of the majority in the Peoi)le's House. They had for years possessed complete control of their local and provincial affairs, suljject only to the sovereignty of the Imperial State. Tn all the provinces the criminal law and the judicial system of England j)re vailed. The common law of England w^as also the basis of the juris- prudence of all the provinces, except Quebec, wdierc a million and a-quarter of French-Canadian people were and are still speaking the French language, professing the Roman Catholic religion, and adhering to the Coutmne de Paris and tlie general principles of the civil law, as they obtained it from their ancestors, who first settled the province of Canada. Accordingly, when the terms of Union came to be arranged in 18G4 by delegates from the several provinces of British North ximerica, it was found necessary to estal)lish a federa- tion bearing many analogies to that of the United States, in order to meet the wishes of the people of these provinces, especially of French Canada, and to preserve all those local institutions with which the people had long been familiar, and which they could not be induced, under any circum- stances, to ha,nd over to the sole control of one central Parliament. The British North America Act si'nply sets forth, in its preamble, that the provinces " have expressed their desire to be federally united into one Dominion." It is to the resolutions passed by the Quebec Conference as the basis of union, that we must look for the positive assertion of those principles of Federal Union which can be seen in the distribution of powers between the Dominion (rt) This province, previous to its union with Canada, was governed by a Lieutenanc-CJovernor and a nominated legislative Council ; responsible govern- ment was one of the results of the Union. Bourinot's " Manual," p. 102. Till-: KliDEllAI. eiONSTlTlTION (»K ('ANAI)\. i;};{ jind the Provincial Govenimciits, as set fortli in tlu federal constitution of the Dominion. Tliese resolutions commence with the declaration lliat, "in ;» federation of the British American provinces, tlie system of Government best adapted, under existing circumstances, to protect the diversi- fied interests of the several provinces, and to secure harmony and ^^ermanenc}' in the workinij,' of tlie Union, would 1)e a o-encral (jovernment cliarujed witli matters of common interest to the whole country, and F^ocal (lovernmeuts for each of the Canadas, and for the provinces of Nova Scotia, New Brunswick, and Prince Edward Island, charo-ed with the control of local matters in their rcsj)ective sections^ 'J Tlie resolutions of the Quebec conference were embodied in addresses of the several liCgislatures of the provinces to the Imperial Parliament. These resulted in the passing of the British North America Act of 18G7, now the fundamental law of the wliole Dominion, settinu' forth the territorial divisions, delinino; the nature of tlie executive authority, regulating the division of powers, directing to what authorities these powers are to be confided, and pro- vidinii; u'enerallv for the administration and maiiao-ement of all those mattt'rs whi(;h fall within the respective jurisdic- tions of the Dominion and the provinces. In accordance with this constitution, Canada has now control of the govern- ment of the vast territory stretching from the Atlantic to the Pacific to the north of the United States, and is subject only to the sovereignty of the Queen and the Parliament of Great Britain in such matters as naturally fall under the jurisdiction of the supreme and absolute authority of the sovereign State. In all matters (jf purely Canadian concern and interest, over which the (/anadian Parliament has been given jurisdiction liy the constitution of 1867, she has powets as plenary and absolute as are those possessed by the Imperial Parliament. If we come to recapitulate the various constitutional authorities which now govern the Dominion in its external and internal relations as a dependency of the Crown, we 134 THE JUlilDlCAL KHVIKW. fiiitl that tlicy iiuiy bu divided for gciieml [)urpos('s an follows : — The Queen. The Parliament of Great Britain. The Judieial Committee of the Privy Council. The Government of the Dominion, The Governments of the Provinces. The Courts of Canada. While Canada can legislate practically without limitation in all those matters which do not afi'ect Tm})erial interests, yet sovereign power, in the legal sense of the [)hrase, rests with the Government of Great Britain. Canada cannot of her own motion negotiate treaties with a foreiixn State, as that is a power only to be exercised by the sovereign author- ity of tlie empire. In a(!cordance, however, with the policy pursued for many years towards self-governing dej^endencies — a policy now j)ractically among the " conventions " of the constitution — it is usual for the Imperial Government to give all the necessary authority to distinguished Canadian statesmen to represent tlic Dominion interest in any con- ference or neootiations affectint'' its commercial or territorial interests. The control over peace and war still necessarily remains under the direct and absolute direction of the Queen and her great Council. The appointment of the Governor- General, without any interference on the [)art of the Canadian Government, rests absolutely with the Queen's Government. The same sovereign authority may " disallow ' any Act passed by the Parliament of Canada which may l)e repugnant to any Imperial legislation (a) on the same subject applying directly to the Dominion, or which may touch the relations of Great Britain with foreign Powers, or otherwise seriously affect the interests of the Imperial State. The Judicial Committee of the Queen's Privy Council is the Court of last resort for Canada as for all other parts of the external empire, although that jurisdiction is only exercised (a) Imp. Stilt., :iO & .31 Vict. c. 3. ' THE FEDERAL CONSTITUTIOX OF CANADA. 1.^5 within certain limitations consistent with tlic large measure of legal independence granted to the Dominion. As it is from the Parliament of Great Britain that Canada has derived her constitution, so it is only through the agency of tlie same sovereign authoritythat any amendment can be made upon that instrument. [Bnt, while that Parliament has the constitutional and legal authority to amend, or even destroy that instrument to-morrow,(r(,) it does not move in the direction of amendment except when formally addressed through the Queen by the Dominion Legislature. Having given a complete system of local self-g(n'ernmcnt to the uidted provinces, the Imperial Parliament is restrained, practically if not theoretically, not only by the grant of powers formally made in the British North America Act, but by those principles, " conventions," and understandings which have been since 1839 laid down with respect to the internal administration of Colonial affairs, and which have now as much force as if they w^re incorporated in a statutory enactment. The sovereignty of Great Britain over her Colonies may then be considered latent, but liable to be called into action any moment the vital interests of the Empire are afTected.Jj The preamble of the British North America Act, 1867, sets forth that the provinces are "federally united," with a constitution ^similar in principle to that of the United Kingdom." / IMr. Dicey has said with some truth in his excellent treatise on the " Law of the Constitution,"(6) that this statement is in a measure erroneous, since the constitu- tion of Canada is modelled on that of the United States. No doubt the preamble is open to misconstruction since it ignores in words the fact that the federation of Canada in its general structure bears obvious resemblance to the main features of the federal system of the United States. The model taken by Canadian statesmen was almost necessarily (a) See Dicey's "Law of the Constitution," Srd ed., pp. 106, 107. (6) Third ed., p, 155 ; he uses the strong words "official mendacity " in this connection. 136 TIIK JrUlDR'AL UKVIKW. h that of the most perfect example of federation that the world has yet seen, though they endeavoured to avoid its weak- nesses in certain essential respects. At the same time, in addition to the general character of the provincial organisa- tions and distrihution of powers, and other important features of a federal system, there are the methods of rjovcrn- merit, which are copies, exact copies in some respects, of the Parliamentary ''overnment in England. We see this iu the clauses of the British North i'merica Act referring to the executive anthority, the cstahlishment of a Privy Council, and the constitution of the two Houses of the Dominion Parliament. jNlore than that, we have, in conjunction with the legal i)rovisions of the British North America Act, a great body of unwritten law ; that is to say, that mass of " con- ventions," understandings, and usages {a) which have been long in practical operation in England and govern the relations between the Crown and its advisers, the position of the jMinistry and its dependence on the Legislature, and otherwise control and modify the conditions of a system of English Parliamentary government. [ i^)efore I proceed to enumerate the legislative powers of the Dominion and the })rovincial Governments respectively, as these are set forth in the fundamental law [and defined by the Courts so far as cases of contii(;t have arisen,] it will probably_give greater clearness to this review, if I state the nature ofjllie various authorities under which the govern- ment of the country is carried onr^-r^^t^sc may be defined as follows : — 1. The Queen, in whom is legally vested the executive authority ; in whose name all commissions to office run ; by whose authority parliament is called together and dissolved ; and in whose name l)ills are assented to or reserved. She is represented for all purposes of government by a Governor- General ; appointed b}- Iler Majesty in Council and holding office during pleasure ; responsible to the Imperial Govern- (a) See Freeman. "Growth of the English Constitution " (4th ed.), p. lU I THK FKDKIJAr, CONSTITITIOX oi' CANAnA. i.i; uii'iit US nil Iin[)('ri;il OIHwr ; haviii<( tlu; riglit of pardon tor all ofFoiK'cs, but oxercisi ug tliis and all executive powers under tlie advice and consent of a responsililc ministry. (rr) 2. A Ministry composed of thirteen or more miniibers of a Privy Council ;{h) liaving seats in the two Houses of Parlia- ment ; holding office only whilst in a majority in the popular liranch; acting as a Council of advice to the Governor-iTencral; responsil)le to parliament for all legislation and adminstration. 3. A Senate composed of seventy - ciglit members appointed by the Ch'own for life, thougli I'emovable by the House ^t :''f for liankruptcy or crime; having co-ordinate powers of Legislati(m with the House of Commons, except in the case of money or tax bills which it can neither initiate uor amend ; liaving no power to try ini})eachments ; having the same privileges, immunities, and powers as tlie l^^iiglish House of Commons when defined by ]a\v.((') 4. A House of Commons of two hundred and fifteen members, (dected for five years on a very lilieral Dominion Franchise in electoral disti'icts lixcd l)yla\v in cacli province; liable to be prorogued and dissolved at any time l)y the Governor-General on the advice of the Council; haviiii- alone the riglit to initiate money or tax bills ; having the same juivileges, immunities, and jtowei's as the English House of Conmioiis when defined by ]aw.((/) 5. A Dominion Judiciary composed of a Supreme Court of five judges, acting as a. Court of Appeal for all the Pro- vincial Courts ; subject to have its decisions reviewed on appeal bj?- the Judicial Committee of the Queen's Privy Coun- cil in England; its judges Ijeing irremovable except for cause, on the address of the two Houses to the Governor-General.(c) The several authorities of government in the provinces may be brief!}' descril)ed as follows : — 1; A Lieutenant-Governor appointed by the Governor- (a) B.N.A. Act, 18G7, §§ 9, 10-12, 13, 14, 15. (6) Ibid. § 11. 00 B.N.A. Act, 1867, ^§ 21-3G. (d) B.N.A. Act, 1867, §§ 37-39, 44-52. (<;) Ibid. §§ 9()-101. Can. Stat., 38 Vict. c. 11. 138 THE JUKIDICAL REVIEW. General in Council, practically for five years; removable by the same authority for cause ; exercising all the powers and responsibilities of the head of an executive, under a system of parliamentary government ; having no right to reprieve or pardon criminals, (a) 2. An Executive Council in eiicli province, composed of certain heads of departments, varying from five to twelve in number; ca^' d to office by the Lieutenant-Governor; hav- ing seats in cither branch of the local legislature ; holding their positions as long as they retain the confidence of the majority of the people's representatives ; responsible for and directing legislation ; conducting generally the administration of public affairs in accordance with the law and the conven- tions of the constitution. (6) 3. A Logishiture composed of two Houses — a Legislative Council and an Assembly — in four provinces, and of oidy an Assembly or elected House in the other three provinces. The Legislative Councillors are appointed for life by the Lieuten- ant-Governor in Council, and are removable for the same reasons as Senators ;[_niust have a property qualification, except in Prince Edward Island (where the Upper House is elective) ;l cannot initiate money or tax bills, but otherwise have all powers of legislation ; cannot sit as Courts of Impeach- ment. The Legislative Assemblies are elected for four years in all cases, except in Quebec, where the term is five ; liable to be dissolved at any time by the Lieutenant-Governor, act- ing under the advice of his Council ; elected on manhood suffrage in Ontario and Prince Edward Island, and on a scarcely less liberal franchise in the other sections. (c) 4. A Judiciary in each of the provinces, appointed by the Governor-General in Council ; only removable on the address of the two Houses of the Dominion Parliament. ((/) As regards the territories of the North- Wesi, it is (a) B.N.A. Act, 1867, §§ 58-62, 66, 67. lb) B.N.A. Act, 1867, §§ 63-66. (c) B.N.A. Act, §§ 69-90. (<0 Ibid. §§ 96-100. k THE FEDEIIAL CONSTITUTION Ol<' CANADA. 139 A provklud by the British North America Act that the Dominion is to exercise complete Lcoishitive control As previously stated, they have been divided into five districts for purposes of government. Keewatin is under the con- trol of the Government ()f Manitol)a, but will only be con- tinued in this position until the question of boundaries is finally settled. The other districts are governed by a Lieu- tenant-Governor and an Assembly elected by the people in accordance with the statutes passed by the Dominion Par- liament. The Lieutenant-Governor is appointed by the Governor in Council, and holds office on the same tenure as the same officials in the provinces ; but responsible govern- ment in the complete sense of the term does not yet exist in the territories. They are represented, however, both in the Senate and House of Commons of Canada. (a) Coming now to the distribution of powers between the Dominion and the Provincial authorities, we find that they are enumerated in sections 91, 92, 93, and 95 of the funda- mental law. The 91st section gives exclusive jurisdiction to the Parliament of the Dominion over all matters of a general or Dominion character, and section 92 sets forth the exclusive powders of the provincial organisations. The classes of sul)- jects to which the exclusive authority of the Dominion Parliament extends are enumerated as follows in the Act : — The public debt and property. -^^.^ia. -^ '^ ^ The reguhition of trade and commerce. / • The raising of money by any mode or system of taxation. The borrowing of money on public credit. Postal service. The census and statistics. Militia, military, and naval service and defence. The fixing of and providing for the salaries and allow- ances of civil and other otficers of the Government of Canada. Beacons, buoys, lighthouses, and Sable Island. Navigation and shipping. («) Rev. Stat, of Canada, c. iJO. 140 THK JUKIDICAL REVIEW. \\ I / Quarantine anil the establishment and maintenance of marine hospitals. Sea-coast and inland fislieries. Ferries Ijetween a, province and a British or foreign country, or between two provinces, C*urrency and coinage. jianking, incorporation of banks, and tlic issue of paper money. Savings l^mks. Weights and measures. Bills of excliange and promissory notes. 1 nterest. Legal tender. I bankruptcy and insolvency. Patents of invention and discovery coi)yrights. Indians and lands reserved for the Indians. Naturalisation and aliens. Marriage and divorce. Tlie criminal law, except the constitution of the Courts of Criminal Jurisdiction, but including the procedure in criminal matters. The establisliment, maintenance, and management of l)enitentiaries ; and lastly. Such classes of subjects as are expressly excepted in the enumeration of the subjects assigned by the Act exclusively to the Legislatures of the provinces. On the other hand, the exclusive powers of the jiro- vincial Legislatures extend to the following classes of subjects : — The amendment from time to time, notwithstanding any- thing in the Act, of the constitution of the province, except as regards the office of Lieutenant-Governor. Direct taxation within the })rovince in order to the raising of a revenue for provincial purposes. The borrowing of money on the sole credit of the province. THK FEDKIIAL (JUXSTITITION CF CAXADA. Ul The cstaljlisbiiieiit and tenure of provincial offices, and the appointment and payment of provincial ofHcers. The management and sale of the pul)lic lands l)elonging to the province, iiiid of the timber and wood thereon. The estaljlishment, maintenance, and management of public and reformatory prisons in and for the pnjvince. The establishment, maintenance, and manngemcnt of hospitals, asylums, charities, and eleemosynary institutions in and for the provinces other than marine hospitals. Municipal institutions in the province. Shop, saloon, tavern, and aucti(jneer and other licenses, in order to the raising of a revenue for provincial, local, or muni- cipal purposes. Local works and undertakings other than such as are of the following classes : — (a) Lines of steam or otlier ships, railways, canals, tele- graphs, and other works and undertakings connecting the pro- vince with any otlier of the provinces, or extending beyond the limits of the province ; (6) Lines of steamships between the province and any British or foreign country ; (c) Such works as, though wholly situate within the province, are before or after their execution declared by the Parliament of Canada to be for the general advantage of Canada or for the advantage of two or more of the provinces. The incorporation of companies with provincial objects. Solemnisation of marriage in the province. Property and civil rights in the province. The administration of justice in the province, including the constitution, maintenance, and organisation of j^rovincial courts, both of civil and criminal jurisdiction, and including procedure in civil matters in those courts. The imposition of punishment by fine, penalty, or im- prisonment, for enforcing any law of the province made in relation to any matter coming within any of the chisses of subjects above enumerated. 142 THE JURIDICAL REVIEW. ^' Generally all matters of a merely local or private nature in the i)rovince. ^ , . Then in atlcUtion to the eksses of subjects enumerated u, the sections just eited, it is provided by sect on 93 that he I e-islatures of the provinces may exclusively legishjte on the ;Uet of education subject only to the power of tj- Domm.on Parliament to make remedial laws in case of the infringement rf ario-; rights enjoyed by any minority in any provmce a t^e time of the Union-a provision intended to protect the iwat™ hools of the Eoman Catholics and the Protestants n the provinces. The Dominion and the provinces may also concurrently make laws in relation to immigration anc l-iculture, provided that the Act of the province is no r^putant \o any Act of the Dominion Parliament ; and umle° section 94 the Dominion Parliament may provide for the uniformity of laws relative to property and civil rights inOntario, Nova Scoria, and New Brunswick. /Having thus described the Federal machine I shall in a subsequent paper call attention to some of the difficulties wMch lave ariln in working it. and to th^ interpretations placed by the Courts upon the Constitution.^^ J. G. BOUEINOT. LONDON: STEVENS & HAYNES