Majesty for a period of not less than eight days and not exceeding 16 days1. The Active Militia may be called out as follows: Calling out 1. By Her Majesty in the case of war, invasion, or Militia. insurrection. 2. By the Lieutenant-Governor of Manitoba, if a notable disturbance of the peace or other emergency occurs in the North-West Territories or Keewatin. 3. The officer commanding any military district or division upon any sudden emergency of invasion or insurrection or imminent danger of either may call out the whole of the Militia under his command2. The officer in any district may call out the Active Militia under his command in aid of the civil power when a riot, disturbance of the peace or other emergency requiring such service occurs or is in the opinion of the civil authorities likely to occur3. 5. The Active Militia may be called out also by order in Council to serve as guards of honour, as escorts, or as guards and sentries at the opening or closing of Parliament, to attend the Governor-General or any member of the Royal Family in Canada, or to guard armouries. 14. DEPARTMENT OF INDIAN AFFAIRS. By the Act constituting a Department of Indian Affairs* the Minister of the Interior was made Superintendent of Indian Affairs, but a subsequent Act repealed that provision, and enacted that the Superintendent of Indian Affairs should be either the Minister of the Interior or the head of some other department appointed for that purpose by Order in Council. The President of the Council is now (1887) the Superintendent. 1 Ib. s. 59. 2 Ib. s. 78. 4 43 Vic. c. 28. Enfranchised Indians. Indians in Canada fall into two classes, (1) Enfranchised Indians and (2) Unenfranchised Indians. Those of the former class practically enjoy the same rights and privileges as other subjects of the Crown in Canada, whilst those of the latter class possess a special status, that is, they have special rights and are under special disabilities. An enfranchised Indian is defined by the Indian Act as follows:-" Any Indian, his wife, or minor unmarried child who has received letters patent granting to him in fee simple any portion of the reserve which has been allotted to him or to his wife and minor children by the band to which he belongs, or any unmarried Indian who has received letters patent for an allotment of the reserve1." The effect of enfranchisement is, that the person enfranchised is no longer deemed an Indian except as regards his right to participate in the annuities and interest moneys, rents and councils of the band to which he belongs. The general management of all matters relating to Indians is placed under the control of this department. Subject to the provisions of the Indian Act the Superintendent locates Indians on reserves, removes trespassers, registers sales of land, decides disputes regarding descent of property, sees that bridges and roads are kept in repair, grants licences to cut timber, and grants certificates of enfranchisement. In order to carry out the duties of the department the Superintendent is assisted by a Deputy, and the GovernorGeneral has power to appoint Indian Commissioners and Assistant Indian Commissioners for Manitoba, the NorthWest Territories and British Columbia. 15. THE HIGH COMMISSIONER. The High Commissioner for Canada is appointed by the Governor-General and holds office during pleasure. 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. Court of Exchequer. 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. 1. ESTABLISHMENT OF COURTS. 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 (c) Claims against the Crown for damage to property. (e) Claims against the Crown arising under either any (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- invention or any patent, lease or other instrument (c) In all cases where relief is sought against any officer (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 |