to resort to all the Courts of the country to invoke the protection which all the laws and all the Courts may afford him, and that he cannot barter away his life, his freedom, or his Constitutional rights.

In Murray v. Charleston (96 U. S., S. C., 432), Held:

That wherever rights, acknowledged and protected by the Constitution of the United States, are denied or invaded by State legislation which is sustained by the judgment of a State Court, the U. S. Supreme Court is authorized to interfere.

Its jurisdiction, therefore, to re-examine such judgment cannot be defeated by showing that the record does not in direct terms refer to some constitutional provision, nor expressly state that a Federal question was presented. The true jurisdictional test is, whether it appears that such a question was decided adversely to the Federal right.

VIII.-Revenues; Debts; Assets; Taxation.

Consolidated

102.-All Duties and Revenues over which the respect-creation of ive Legislatures of Canada, Nova Scotia, and New Brunswick, Revenue Fund. before and at the Union, had and have power of Appropriation, except such portions thereof as are by this Act reserved. to the respective Legislatures 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.

The Earl of Carnarvon on the 2nd Reading of the B. N. A. Bill in the House of Lords on the 19th February, 1867, in stating the understanding of the separate Provinces as to this part of the compact, said:

Clauses 102 to 126 regulate the conditions, pecuniary and commercial, upon which the Provinces enter into Union. They are so entirely matter of local detail and agreement, that I need not weary the House with any minute statement of them. It is enough to say, that under them a Consolidated Fund is created, and that whilst lands and minerals are reserved to the several Provinces, the assets, property, debts and liabilities of each, will be transferred to the Central body.

By this agreement, the public creditor who exchanges the security of each separate Province for the joint security of the four Provinces confederated, will find his position improved rather than deteriorated.

As between the Provinces, it is proposed that the Local Legislatures should surrender to the Central Parliament all powers of raising

Expenses of
Collection, &c.

Interest of Pro

debts.

revenue except by direct taxation; in return for this concession, the Central Government will remit to the Local Legislatures certain fixed sums and a proportionate capitation payment, in order to enable them more conveniently to defray the costs of local administration.

The debt of each Province has been fixed at a certain sum calculated; but if, in the interval between the present time and the Proclamation of Union, that debt shoull be increased, the Province so exceeding, will pay interest on the excess, and that interest, will be deducted from the quota which they would otherwise receive from the Central authority.

103. 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, subject to be reviewed and audited in such Manner as shall be ordered by the Governor General in Council until the Parliament otherwise provides.

104. The annual Interest of the Public Debts of the sevvincial Public eral Provinces of Canada, Nova Scotia, and New Brunswick at the Union, shall form the Second Charge on the Consolidated Revenue Fund of CANADA.

Salary of Governor General.

105. Unless altered by the Parliament of CANADA, the Salary of the Governor General shall be Ten thousand Pounds Sterling Money of the United Kingdom of Great Britain and Ireland, payable out of the Consolidated Revenue Fund of Canada, and the same shall form the Third Charge thereon.

On 22nd May, 1868, an Act was passed by the Senate and House of Commons of Canada reducing the salary of the Governor General from £10,000 (at which rate it had been fixed by this section) to £6,500; but the Act having been reserved for the sanction or disallowance of Her Majesty, on 30th July, 188, the Secretary of State for the Colonies notified the Governor General, as follows:

While it was with reluctance, and only on serious occasions, that the Queen's Government can advise Her Majesty to withhold the royal sanction from a bill which has passed two branches of the Canadian Parliament, yet a regard for the interests of Canada, and a well-founded apprehension that a reduction in the salary of the Governor would place the office, as far as salary is a standard of recognition, in the third

class among Colonial Governments, obliged Her Majesty's Government to advise that this Bill should not be permitted to become law. (Dom. Sess. Papers, 1869, No. 73.-Todd, Parl. Gov. in Col. 144.)

from time to

106. Subject to the several Payments by this Act charged Appropriation on the Consolidated Revenue Fund of CANADA the same shall time. be appropriated by the Parliament of CANADA for the Public Service.

Stocks, &c.

107. All Stocks, Cash, Banker's Balances, and Securities Tran-ter of for Money belonging to each Province at the Time of the Union, except as in this Act mentioned, shall be the Property of CANADA, and shall be taken in Reduction of the Amount of the respective Debts of the Provinces at the Union.

perty in Sche

108. The Public Works and Property of each Province, Transfer of Proenumerated in the Third Schedule to this Act, shall be the dul Property of Canada.

See ante, p. 120 (Sect. 91, ss. 1,) for Third Schedule.

In Steadman v. Robertson (2 Pugs. & Burb. p. 598), Fisher, J., in delivering the Judgment of the Court, remarked, in reference to the clause "Rivers and Lake Improvements" in the 3rd Schedule,

The 108th section enacts that "the public works and property of each Province enumerated in the Third Schedule to this Act, shall be the property of Canada." It is only the "property of each Province" that is referred to and this could only mean the user of the rivers for the purpose of navigation, and not the property in the fish, which was generally owned by private individuals.

It is the public property of each Province, not the property of individuals therein, which is given to Canada. By reference to the first proposition for union agreed to at Quebec, there will be found "River and Lake Improvements." It has been made plural by some inadvertence in copying. Its object is obvious enough. While Canada assumed the debts of the different Provinces, she received in return the various public works that had been constructed in incurring that debt. The River St. Lawrence or St. John would be rather an extraordinary thing to call a public work, whilst the improvements on the St. John, and the St. Lawrence, as well as on the lakes, are really public works, and have been constructed with money that created the debt. Canada assumes the debt, and receives in return the public works and property that it has constructed.

Property, in Lands, Mines, &c.

The Copy of the Quebec Resolutions which accompanied the Address to Her Majesty, adopted by the 8th Provincial Parliament of Canada, asking for Confederation on that basis-reads at sect. 55, ss. 5, "River and Lake Improvements." (Can. Parl. Deb. on Confed., p., 1031.) See, also ante p. 121 under sect. 91, ss. 1.

In Attorney General v. Tomline (28 W. R. 873), the Court of Appeal (on Appeal from Chancery Div.) held:

That where land is vested in the Crown, subject to public uses, the grantee of the Crown must take it, subject to all the obligations to which the land was subject when in the hands of the Crown. The Crown holds the bed of a navigable river, or the shore of the sea between high and low water mark, subject to the right of navigation, and the grantee of the Crown can never do anything to interfere with the navigation.

And if there is land vested in the Crown which is a natural barrier against the sea, the duty and obligation of the Crown is to protect the land from the incursions of the sea; and a grantee of the Crown can stand in no better position than the Crown itself would do, and takes the land subject to the same obligation.

109. All Lands, Mines, Minerals, and Royalties, belonging to the Several Provinces of Canada, Nova Scotia, and New Brunswick at the Union, and all Sums then due or payable for such Lands, Mines, Minerals, or Royalties, shall belong to the several Provinces of Ontario, Quebec, Nova Scotia, and New Brunswick in which the same are situate or arise, subject to any Trusts existing in respect thereof, and to any Interest other than that of the Province in the same.

Property of Escheat-Attorney General of the Province of Quebec v. The Attorney General of the Dominion of Canada (2 Q. L. R. 236-1876).

F. died in the Province of Quebec intestate and without heirs. Under sect. 637 of the Civil Code of Lower Canada, his estate devolved to the Crown. Shortly after his death, a curator to the vacant estate was appointed, who took possession of the property. The Attorney General of the Province of Quebec instituted an action to recover the property from the curator. The Attorney General of the Dominion, acting on behalf of the Crown, petitioned to be allowed to intervene and claim the estate. After contestation, the claim of the Attorney General of the Dominion was allowed by the Superior Court.

The case being appealed before the Q. B., Quebec; it was held, reversing the judgment of the Superior Court :

That an escheat was one of the sources of revenue, which, as a minor prerogative of the Crown, was yielded up to the respective Provinces, now confederated into the Dominion of Canada, prior to the Union of the Provinces of Canada, Nova Scotia and New Brunswick.

That, such escheat, prior to the Union, formed part of the revenue of the respective Provinces in which they arose, and that all territorial Crown rights and prerogatives possessed by the late Provinces of Canada, Nova Scotia and New Brunswick, before the Union thereof into the Dominion of Canada, have been by the B. N. A. Act given to the Provinces of Ontario, Quebec, Nova Scotia and New Brunswick.

That, by holding escheats to be royalties under this section, and thereby reserved to the Provinces as forming one of their special sources of revenue, sections 102 and 117 of the B. N. A. Act are reconciled.

-An Act passed by the Legislature of the Province of British Columbia, intituled, "An Act to amend and consolidate the laws affecting Crown lands in British Columbia," which made no reservation of lands in favor of the Indian Tribes of British Columbia, nor accorded them any rights or privileges in respect to lands or reserves or settlements, was disallowed by the Governor General as being in violation of the 40th Article of the Stipulations of the Treaty of Capitulation of 8th September, 1760. The Governor General holding that under this section the lands belonging to the several Provinces belong to them "subject to any trusts existing in respect thereof, and to any interest other than that of the Province in the same."

(Dom. Sess. Papers, 1877, No. 89, p. 2.)

In Wooley et al. v. The Attorney General of Victoria (46 L. J., N. S., p. 99) held by their Lordships :

That a Colonial grant made under a Statute authorizing a conveyance in fee simple, to a purchaser of any waste land of the Crown in such Colony, did not transfer the rights of the Crown to gold which might be found in such land; and that it is settled law in England that the prerogative right of the Crown to gold and silver found in mines will not pass under a grant of land from the Crown, unless, by apt and precise words the intention of the Crown be expressed that it shall pass; and that this law has been introduced into the Colony of Victoria as part of the common law of England.

Held, also, that it is a recognized principle of the construction of Statutes that the prerogative rights of the Crown can be affected only by express words or necessary implication.