Page:The Green Bag (1889–1914), Volume 02.pdf/279

 252

Court, no pecuniary limit has been placed some years ago passed a statute fixing a pe on the right of appeal except (i) in cases cuniary limit of $500 on appeals from that from the Province of Quebec; (2) in cases Province; but the Supreme Court has held arising out of proceedings taken to wind up the Act ultra vires. a bank or an incorporated company; and No original jurisdiction was ever vested (3) in cases decided by the Exchequer Court in the Supreme Court of Canada as a court, of Canada. In appeals from the Province of but it is given an advisory jurisdiction in Quebec, the matter in controversy must matters which may be referred to it by the amount to the sum or value of $2,000, unless Governor-General in Council, or it may be

called upon to examine such matter, if less and report upon any than that amount, (a) private bill or petition involves the question for a private bill pre of the validity of an sented to the Senate Act of the Parliament or House of Commons, of Canada or of a leg and referred to the islature of a province, court by the Senate or or an ordinance or act the House of Com of one of the territo mons. This is merely ries; or (b) relates to for the purpose of ob any fee of office, duty, taining the opinion of rent, revenue, or any the court for the guid sum of money paya ance of the Govern ble to her Majesty, or ment or of either to any title to lands House of Parliament. or tenements, annual The Supreme Court rents or such-like mat Judges, however, were ters or things where individually given a rights in future might concurrent jurisdiction be bound. with the courts and With respect to judges of the several cases coming from the Provinces in matters of Exchequer Court the habeas corpus in crim limit has been placed THE HON. CHRISTOPHER SALMON PATTERSON. inal cases. This they at $500, with similar still retain. By the excepting clauses; even in the excepted cases, however, the original Act, this jurisdiction extended to appeal being discretionary with a judge of habeas corpus in cases of extradition. This was subsequently altered, and the jurisdiction the Supreme Court. In cases under the Winding-up Act there in these cases taken away. The statute, moreover, which established the Supreme is a pecuniary limit of $2,000. With reference to cases from the Province Court, created at the same time a court of Quebec, the court has decided, since the called the Exchequer Court of Canada, to case of Allan v. Pratt (13 Appeal Cases, deal with revenue cases, and other suits in which the Crown in the interest of the Do 780) was determined by the Judicial Com minion, or its officers, might be concerned; mittee of the Privy Council, that the judg ment appealed from is conclusive as to and the judges of the Supreme Court were made judges of the Court of Exchequer, amount when the defendant appeals. The legislature of the Province of Ontario each judge sitting alone, exercising the juris