His duties are1:

1. To act as the resident agent of the Dominion in the United Kingdom and in that capacity to execute such powers and perform such duties as may from time to time be conferred upon or assigned to him by the GovernorGeneral in Council.

2. To take charge of and supervise the Emigration officers and agencies in the United Kingdom under the Minister of Agriculture.

3. To carry out such instructions as he may from time to time receive from the Governor-General respecting the commercial, financial, and general interests of the Dominion in the United Kingdom and elsewhere.

The salary attached to the office is 10,000 dollars a year.

1 R. S. C. c. 16, s. 2.

Powers under

B. N. A.
Act.

Court of
Ex-

chequer.

CHAPTER XVIII.

THE DOMINION JUDICATURE.

THE relation of the Dominion to the administration of Justice may be considered under three heads, (1) the establishment of Courts, and (2) the appointment of Judges, and (3) appeals to the Privy Council.

By section 101 of the B. N. A. Act 1862 the Parliament of Canada was authorized "from time to time to provide for the constitution, maintenance and organization of a general Court of Appeal for Canada and for the establishment of any additional courts for the better administration of the laws of Canada." And by section 41 power was given to the Parliament to provide for the trial of controverted elections. Under these provisions the following courts have been established, viz. the Supreme Court, the Court of Exchequer, Courts for the trial of controverted elections and a Maritime Court.

i. The Supreme and the Exchequer Courts.

In 1875 an Act was passed' establishing an Exchequer Court and a Supreme Court, which are now regulated by c. 135 of the Revised Statutes of 1886, and the 50 and 51 Vic. c. 16.

Under the latter Act the causes in the Exchequer Court are heard before one judge.

1 38 Vic. c. 11.

The Exchequer Court possesses an exclusive and a concurrent jurisdiction.

1. It has exclusive jurisdiction in,

(a) All cases in which relief is sought, which might in England be a subject of a suit or action against the Crown.

(b)

Claims against the Crown for property taken for any
public purpose.

(c) Claims against the Crown for damage to property.
(d) Claims against the Crown arising out of death or
injury to person or property in any public work,
resulting from the negligence of any officer or
servant of the Crown acting within the scope of
his duties or employment.

(e)

Claims against the Crown arising under either any
law of Canada or any regulation made by the
Governor in Council.

(f) Every set-off, counterclaim, claim for damages or
other demand on the part of the Crown against
any person making a claim against the Crown.

2. The Court has a concurrent jurisdiction,

(a) In all cases relating to the revenue.

(b) In all cases in which at the instance of the Attorney-
General it is sought to impeach any patent of

invention or any patent, lease or other instrument
respecting lands.

(c) In all cases where relief is sought against any officer
of the Crown for anything done or omitted to be
done in the performance of his duty.

(d) In all actions or suits in which the Crown is plaintiff

or petitioner.

Jurisdiction.

An appeal lies from the Exchequer Court to the Supreme Appeal. Court, if the actual amount in controversy exceeds 500 dollars, but where the amount does not exceed that sum

The
Supreme
Court.

Consulta

tion of

Privy
Council.

no appeal lies except the question (1) involves the validity of an Act of Canada or of a Provincial Act, or (2) relates to any fee of office, duty, rent, revenue or sum of money payable to Her Majesty; or to any title to lands or tenements, annual rents or such like matters or things where rights in future might be bound, and even in these cases leave to appeal must be obtained from a judge of the Supreme Court.

The Supreme Court consists of a Chief Justice and five puisne justices, and exercises an appellate civil and criminal jurisdiction throughout the Dominion.

In all final judgments, judgments upon special cases, points reserved, motions for new trials, decrees in equity, motions to set aside awards, proceedings for a writ of Habeas Corpus, an appeal lies from a Supreme Provincial Court to the Supreme Court of Canada.

It has also an appellate jurisdiction in criminal cases, maritime causes from Ontario, controverted elections and the winding-up of companies'.

An appeal also lies to the Supreme Court from the Exchequer Court2.

In England the House of Lords has the power of conCourt by sulting the judges; a similar power has been conferred on the Canadian Privy Council. The Governor-General in Council may refer to the Supreme Court for hearing or consideration any matter which he thinks fit to refer, and the Court is required to certify its opinion to the Governor in Council.

Controversies

The Senate and House of Commons are empowered to refer to the Court or to any two judges thereof, any private bill or petition for a private bill, and the Court is to examine and report upon the same3.

In the case of those provinces that passed a law to such effect, provision was made for conferring a special jurisdiction nion and on the Supreme and Exchequer Courts in controversies

between

Domi

Provinces.

1 R. S. C. c. 135, ss. 23-31.

2 Ib. s. 70.

3 Ib. s. 38.

between the Dominion and a province, or between provinces, or relating to the validity of provincial laws.

"When the Legislature of any province forming part of Canada shall have passed an Act agreeing and providing that the Supreme Court and Exchequer Court or the Supreme Court alone shall have jurisdiction in any of the following

cases

"(1) Controversies between the Dominion of Canada and such province.

"(2) Controversies between such province and any other province or provinces which may have passed a like Act.

"(3) Suits, actions, or proceedings in which the parties thereto by their pleadings shall have raised the question of the validity of an Act of the Parliament of Canada when in the opinion of the judge of the court in which the same are pending such question is material.

"(4) Suits, actions, or proceedings in which the parties thereto by their pleadings shall have raised the question of the validity of an act of the Legislature of such province when in the opinion of the judge of the court in which the same are pending such question is material, then this section of the Act is to be in force in the class of cases in respect of which such Act may have been passed."

In (1) and (2) the proceedings are to be in the Court of Exchequer, with an appeal to the Supreme Court. In (3) and (4) the judge who decides that the question is material, is to order the case to be removed into the Supreme Court for the decision of such question'.

British Columbia in 1882 passed an Act' to give these provisions force within the province, and Ontario and Nova Scotia have now passed similar Acts.

Court runs

The process of the Supreme Court and of the Exchequer Process of Court runs throughout Canada, and the provincial sheriffs of in the

R. S. C. c. 135, ss. 72-74.

2 B. C. 45 Vic. c. 2.

3 O. R. S. 1887, c. 42. N. S. R. S. 1884, c. 111.

Provinces.