deemed a contempt of court, and punishable accordingly." (Russell on Crimes, 5th ed. i. 192.) "Wherever a statute forbids the doing of a thing, the doing of it wilfully, although without any corrupt motive, is indictable.” (Id; Rex. v. Sainsbury, 4 T. R. 457.) Accordingly the provision that "each elector shall vote only once" (secs. 8, 30) is an express provision against plural voting, and any elector voting more than once at a federal election will be guilty of a misdemeanour. (Conv. Deb., Adel., p. 1183.) § 342. "By Jury." This provision guarantees not merely the form of trial by jury, but all the substantial elements of trial by jury, as they exist at common law. (Walker v. New Mexico and S. P. Railroad, 165 U.S. 593.) "Unanimity was one of the peculiar and essential conditions of trial by jury at the common law. No authorities are needed to sustain this proposition. Whatever may be true as to legislation which changes any mere details of a jury trial, it is clear that a statute which destroys this substantial and essential feature thereof is one abridging the right." (American Publishing Co. v. Fisher, 166 U.S. at p. 467; Springville v. Thomas, 166 U.S. 707.) "Trial by jury, in the primary and usual sense of the term at common law and the American Constitution, is a trial by a jury of 12 men, in the presence and under the superintendence of a judge empowered to instruct them upon the law and to advise them upon the facts, and (except upon acquittal of a criminal charge) to set aside their verdict if in his opinion it is against the evidence." (Capital Traction Co. v. Hof, 174 U.S. 1.) In the lastmentioned case it was also decided that the provisions of the Constitution as to trial by jury extend to the federal district of Columbia. A jury means a jury composed, as at common law, of twelve men. (Thompson v. Utah, 170 U.S. 343; Maxwell . Dow, 176 U.S. at p. 586.) 66 The very idea of a jury is a body of men composed of the peers or equals of the person whose rights it is selected or summoned to determine; that is, of his neighbours, fellows, associates, persons having the same legal status in society, as that which he holds. Blackstone, in his Commentaries, says: The right of trial by the jury, or the country, is a trial by the peers of every Englishmen, and is the grand bulwark of his liberties, and is secured to him by the Great Charter.'" (Strauder v. West Virginia, 100 U.S. 303.) CHAPTER IV.-FINANCE AND TRADE. Consolidated Revenue Fund. 343 81. All revenues or moneys raised or received by the Executive Government of the Commonwealth shall form one Consolidated Revenue Fund, to be appropriated for the purposes of the Commonwealth345 in the manner and subject to the charges and liabilities imposed by this Constitution346. CANADA.-All duties and revenues over which the respective Legislatures of Canada, Nova Scotia, and New Brunswick before and at the Union had and have the power of Appropriation, except such portions thereof as are by this Act reserved to the respective Legisfatures of the Provinces, or are raised by them in accordance with the special powers conferred on them by this Act, shall form one Consolidated Revenue Fund, to be appropriated for the public service of Canada in the manner and subject to the charges in this Act provided.-B.N.A. Act, sec. 102. And see Constitutions of Aust. Colonies. HISTORICAL NOTE. - As originally drafted and passed in 1891, the clause read :— All duties, revenues, and moneys to be appropriated for the public service of the Commonwealth subject to the charges provided by this Constitution." 66 ... At the Adelaide'session, 1897, the clause was introduced in the same form. On Sir John Downer's motion, the words "duties" and "moneys" were omitted, to make it clear that loan moneys do not go to the Consolidated Revenue Fund. (Conv. Deb., Adel, pp. 834-5.) At the Melbourne session there was a general debate on the report of the Finance Committee (p. 197, supra). A suggestion of the Legislative Council of Tasmania, to restore " and moneys," was negatived. (Conv. Deb., Melb., pp. 774-900.) Drafting amendments were made before the first Report: The words " or moneys were inserted, the word "purposes" was substituted for "public service," and the words "and liabilities ,, were inserted, to make it clear that the payments to the States, under secs. 89 and 93, were included. § 343. "All Revenues or Moneys." In the corresponding clauses of the Constitutions of the Australian colonies - and, it is believed, of all British colonies – the word “moneys” is not used: the usual words associated with "revenues" being "duties," "taxes," &c. In this Constitution the word "moneys" was struck out in Adelaide, to make it clear that loan moneys were not included, and a suggestion to restore it was negatived at Melbourne for the same reason (see Hist. Note, supra); but at a subsequent drafting stage it was reinserted for some reason that is not apparent. It cannot, however, be supposed that the Convention meant that loan moneys should be paid into the Consolidated Revenue Fund. (See Conv. Deb., Melb., p. 1114) The generic word "moneys must be controlled by the preceding specific word "revenues," and limited to moneys in the nature of revenue. This is a well-known and sound principle of construction. (See Maxwell, Interpr of Statutes, chap. XI., sec. v.) The universal constitutional practice, not only of Great Britain, but of all the British colonies, to keep loan funds distinct from revenue funds, is the strongest possible corroboration of the evidence afforded by the debates, that there was no intention whatever of departing from established usage in this respect. "Revenue is the annual yield of taxes, excise, customs duties, rents, &c., which a nation. state, or municipality collects and receives into the treasury for public use." (Webster, Internat. Dict.) It includes not only revenue from taxation, but all revenue received by the Government as payment for services rendered-such as the revenue of the post and telegraph department. It also includes all payments in the nature of penalties, or fees for licenses, &c., and in fact every kind of public income. § 344. "Consolidated Revenue Fund." In 1787, by the Imperial Act 27 Geo. III. c. 13, the numerous revenues of the Crown in the United Kingdom were brought together into a "Consolidated Fund,” into which flows every stream of the public revenue, and whence issues the supply for every public service. (See May, Parl. Practice, p. 558.) In the Australian colonies the land revenues were for many years kept distinct from the general revenues; but on the grant of responsible government a Consolidated Revenue Fund was created in each colony. This feature of financial administration, universal in all the self-governing parts of the Empire, is reproduced in this Constitution. § 345. "To be Appropriated for the Purposes of the Commonwealth." For notes on appropriation, see § 350, infra. "The purposes of the Commonwealth" include the payments to the States made by virtue of the Constitution. The States being "parts of the Commonwealth," expenditure by the federal government in pursuance of its constitutional liability to the States is as much a "purpose of the Commonwealth" as its expenditure upon the services of the federal government. § 346. "Subject to the Charges and Liabilities Imposed by this Constitution." This is a stock provision, to be found in all the colonial Constitutions; except that the word "liabilities" is new, and is intended to meet the peculiar conditions of Commonwealth finance. The Consolidated Revenue Fund is, for purposes of collection and receipt, as much a single fund as the Consolidated Fund of the United Kingdom, or of any of the British colonies. But for purposes of appropriation, it is subject, under the distribution clauses of the Constitution, to somewhat rigid financial provisions, which constitute "liabilities" imposed upon the residue of the fund, after the charges upon it for federal expenditure have been satisfied. The charges and liabilities imposed by the Constitution are:-(1) The costs, charges, and expenses incident to collection, management, and receipt (sec. 82); (2) the other expenditure of the Commonwealth (sec. 82); (3) any financial assistance which, during the currency of sec. 96, the Parliament may think fit to provide out of revenue; (4) the payments of surplus revenue to the States, on the basis prescribed for the time being (secs. 89, 93, 94). Expenditure Charged Thereon. 82. The costs, charges, and expenses incident to the collection, management, and receipt of the Consolidated Revenue Fund shall form the first charge thereon347; and the revenue of the Commonwealth shall in the first instance be applied to the payment of the expenditure of the Commonwealth349 CANADA. The Consolidated Revenue Fund of Canada shall be permanently charged with the costs, charges, and expenses incident to the collection, management, and receipt thereof, and the same shall form the first charge thereon.-B N.A. Act, sec. 103; and see Constitutions of the Australian Colonies. HISTORICAL NOTE. -The clause as originally adopted in the Commonwealth Bill, 1891, followed the wording of the Canadian clause; and the words "The revenue of the Commonwealth shall be applied in the first instance in the payment of the expenditure of the Commonwealth were prefixed to clause 9 (apportionment of surplus revenue). At the Adelaide Session, 1897, the clause was introduced and passed as in 1891, but with the words " and the revenue . . . . . Commonwealth" transferred from clause 9. At the Melbourne Session, a suggestion of the Legislative Assembly of New South Wales, to omit the concluding words, was considered. Dr Quick pointed out that the clause might be regarded as a permanent special appropriation, dispensing with the need of Appropriation Acts-an argument which had been raised on sec. 45 of the Victorian Constitution Act. Mr. Barton promised consideration by the Drafting Committee. (Conv. Deb., Melb., p. 901; and see pp. 907-8.) Drafting amendments: - Before the 1st Report, the word "permanently" was omitted to meet the objection. After the 4th Report, the clause was recast. § 347. "Shall Form the First Charge Thereon." These words are not intended to create, and, it seems, do not create, a special appropriation of the expenses of collection, which must therefore be authorized by Appropriation Act like any other expenditure of the Commonwealth. (See Conv. Deb., Melb., pp. 900-1, 907-8; and Historical Note, supra.) § 348. "The Revenue of the Commonwealth." "The revenue of the Commonwealth" is apparently synonymous with the expression in sec. 81, “all revenues or moneys raised or received by the Executive Government of the Commonwealth." (See Notes, § 343, supra.) § 349. "The Expenditure of the Commonwealth." The phrase "expenditure of the Commonwealth" (which occurs again in sec. 89; and see secs. 87, 93) means all moneys expended for the public service of the Commonwealth. It includes the expenses of collection; so that the provision that the revenue of the Commonwealth shall in the first instance be applied to the payment of the expenditure of the Commonwealth" is not inconsistent with the provision that the expenses of collection shall be a first charge on the Consolidated Revenue Fund. Money to be Appropriated by Law. 83. No money shall be drawn from the Treasury of the Commonwealth except under appropriation made by law 350. But until the expiration of one month after the first meeting of the Parliament the Governor-General in Council may draw from the Treasury and expend such moneys as may be necessary for the maintenance of any department transferred to the Commonwealth and for the holding of the first elections for the Parliament. UNITED STATES.-No money shall be drawn from the Treasury, but in consequence of appro- HISTORICAL NOTE.-The clause as passed in 1891 consisted of the first paragraphi only. Mr. Thynne proposed to add "and for purposes authorized by this Constitution" in order to limit expenditure to those purposes. The amendment was negatived, as being unnecessary. (Conv. Deb., Syd. [1891], pp. 788-9.) 250. - Appropriation Made by Law." JA AT: Vreme sreo-e: aper appropriation of the sorte å sviesting the fever, revenue, or the general expend the $ the Common ***** RVs set, with as a matter of socstrostre and by CERCOTELEK A expos mag, that the pess was di wa 9 avi 99. rejuring the GAMARKAth, after eret ting revenue and estoy expenditure to the several States, Vi jaj ve 'natura wang Y the everal btates, amount to a special appropriation. It may indeer me ujet vaat tue a mere a directive to the Federal Parliament to appropriate the mara yo te ievera, btatek, and is not in self an appropriativo. Ta Yew. toweler, wema parly satisfactory. The pensi of these payments is determined, and the amount is made acertalbank, by the Constitution itself. An appropriation by the Fotera. Parlament on.14) Lo more than confirm the provisions of the Conetition, and son contrmation wems quite unnecessary. Moreover, the payments are to be made monthly from the establishment of the Commonwealth; and the fret payments will be due before the Foiera. Parlament can possibly meet. makes proven for the payments necessary for maintaining the federal departments daning that interval, and for boiling the first federal elections, without any Parita Sec. 33 |