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65. The position of New Brunswick being such as to entail large immediate charges upon her local revenues, it is agreed that for the period of ten years from the time when the Union takes effect, an additional allowance of $63,000 per annum shall be made to that Province. But that so long as the liability of that Province remains under $7,000,000, a deduction equal to the interest on such deficiency shall be made from the $63,000.

66. In consideration of the surrender to the General Government, by Newfoundland, of all its rights in Mines and Minerals, and of all the ungranted and unoccupied Lands of the Crown, it is agreed that the sum of $150,000 shall each year be paid to that Province by semi-annual payments; provided that that Colony shall retain the right of opening, constructing and controlling roads and bridges through any of the said lands, subject to any laws which the General Parliament may pass in respect of

the same.

67. All engagements that may, before the Union, be entered into with the Imperial Government for the defence of the country, shall be assumed by the General Government.

68. The General Government shall secure, without delay, the completion of the inter-Colonial Railway from Riviére du Loup, through New Brunswick, to Truro in Nova Scotia.

69. The communications with the North-Western Territory, and the improvements required for the development of the trade of the Great West with the seaboard, are regarded by this Conference as subjects of the highest importance to the Federated Provinces, and shall be prosecuted at the earliest possible period that the state of the finances will permit.

70. The sanction of the Imperial and Local Parliaments shall be sought for the Union of the Provinces, on the principles adopted by the Conference.

71. That Her Majesty the Queen be solicited to determine the rank and name of the Federated Provinces.

72. The Proceedings of the Conference shall be authenticated by the signatures of the Delegates, and submitted by each Delegation to its own Government, and the Chairman is authorised to submit a copy to the Governor-General for transmission to the Secretary of State for the Colonies.

[APPENDIX C.]

THE JURISDICTION OF THE SUPreme Court of Canada.

The Jurisdiction of the Supreme Court of Canada is as follows:

I. Under 38 Vict. Cap. XI., Sec. 17 :—

"Subject to the limitations and provisions hereinafter made, an appeal shall lie to the Supreme Court from all final judgments of the highest Court of final resort, whether such Court be a Court of Appeal or of original jurisdiction, now or hereafter established in any Province of Canada in cases in which the Court of original jurisdiction is a Superior Court: Provided that no appeal shall be allowed from any judgment rendered in the province of Quebec, in any case wherein the sum or value of the matter in dispute does not amount to 2,000 dollars* ; and the right to appeal in civil cases given by this Act shall be understood to be given in such cases only as are mentioned by this Section, except Exchequer cases, cases of mandamus, habeas corpus or municipal byelaws as hereinafter provided.

II. Under the Revised Statutes, Dominion of Canada, 1886, Cap. 135, Sec. 26 :— (1) "Except as otherwise provided in this Act, or in the Act provided for the appeal, no appeal shall lie to the Supreme Court but from the highest Court of last resort having jurisdiction in the Province in which the action, suit, or cause, matter, or other judicial proceeding was originally constituted, whether the judgment or decision in such action, suit, cause, matter or other judicial proceeding was or was not a proper subject of appeal to such highest Court of

last resort.

(2) "Provided that an appeal shall be directly to the Supreme Court from the judgment of the Court of original jurisdiction by consent of parties.

(3) "Provided also that an appeal shall lie to the Supreme Court by leave of such Court, or a Judge thereof, from any judgment, decree, or decretal order, or order made and pronounced by a Court of Equity, or made or pronounced by any Judge in Equity, or by any Superior Court in any action, cause or matter or other judicial proceeding in the nature of a suit or proceeding in equity, and from the final judgment of any Superior Court of any Province other than the Province of Quebec-in any action, suit, cause, matter or other judicial proceeding originally commenced in such Superior Court, without any intermediate appeal being had to any intermediate Court of appeal in the Province."

III. Under the Revised Statutes, 1886, Cap. 135, Sec. 29:

"No appeal shall lie under this Act from any judgment rendered in the Province of Quebec in action, suit, cause, matter or other judicial proceeding, wherein the matter in controversy does not amount to the sum or value of 2,000 dollars, unless such matter, if less than that amount :

(a) "Involves the question of the validity of an Act of the Parliament of Canada, or of the Legislature of any of the Provinces of Canada, or of an Ordinance or Act of any of the Councils or Legislative bodies of any of the territories or districts of Canada.

(b)" Relates to any fee of office, duty, rent, revenue or any sum of money payable to Her Majesty, or to any title to lands or tenements, annual rents or such like matters or things where the rights in future might be bound."

* Vide III. below.

IV. Under 54 and 55 Vict. [D] Cap. 25, Sec. 3. [Repealing Sub-Sec. 2, Sec. 29 Revised Statutes, 1886, Cap. 135]:;

(1) "Where the matter in controversy involves any such question, or relates to any such fee of office, duty, rent, revenue or sum of money payable to Her Majesty, or to any such title to lands or tenements, annual rents or such like matters or things where rights in the future might be bound, or amounts to or exceeds the sum or value of 2,000 dollars, there shall be an appeal from judgments rendered in the said Province, although such action, suit, cause, matter or other judicial proceeding may not have been originally instituted in the Superior Court.

(2) "Provided that such appeals shall lie only from the Courts of Queen's Bench, or from the Superior Court in review in cases where, and so long as, no appeal lies from the judgment of that Court when it confirms the judgment of the Court appealed from, which by the law of the Province of Quebec are appealable to the Judicial Committee of the Privy Council.

(3) "Whenever the right to appeal is dependent on the amount in dispute, such amount shall be understood to be that demanded and not that recovered, if they are different."

V. Under 54 and 55 Vict. [D], Cap. 25, Sec. 4. [Repealing Sec. 37, Cap. 135 ► Revised Statutes, 1886]:

(1) "Important questions of law or fact touching provincial legislation, or the appellate jurisdiction as to educational matters vested in the Governor-inCouncil by the B.N.A. Act, 1867, or by any other Act or law, or touching the constitutionality of any legislation of the Parliament of Canada, or touching any other matter with reference to which he sees fit to exercise this power. may be referred, by the Governor-in-Council, to the Supreme Court for hearing or consideration; and the Court shall thereupon hear and consider the same.

(2) "The Court shall certify to the Governor-in-Council, for his information, its opinion on questions so reserved, with the reasons therefor, which shall be given in like manner as in the case of a judgment upon an appeal to the said Court; and any Judge who differs from the opinion of the majority shall in like manner certify his opinion and his reasons.”

[The other sub-sections of this Section provide for the representation before the Court of States, Territories or parties interested in a question so referred ; for the right of the Court to have the matter argued by Counsel; for the treatment of the Courts' opinion as a final judgment for all purposes of appeal to Her Majesty in Council; and for the power of the Judges to make rules applicable to cases so referred.]

[APPENDIX D.]

THE SWISS FEDERAL EXECUTIVE.

The provisions of the Federal Constitution of Switzerland, establishing and defining the functions of the Federal Executive -known as the Federal Council,--are contained in Articles 95 to 104. They are as follows:

ARTICLE 95.

The supreme executive and directive body of the Confederation shall be a Federal Council consisting of seven members.

ARTICLE 96.

The members of the Federal Council shall be chosen by the Federa Assembly for the term of three years, from among all Swiss citizens who are eligible to the National Council. Not more than one member shall be chosen from the same Canton.

After every general election for the National Council, the Federal Council shall also be integrally renewed.

In cases of vacancy in the meantime in the Federal Council, the vacancies shall be filled for the rest of the term at the next meeting of the Federal Assembly.

ARTICLE 97.

The members of the Federal Council shall not hold any office either in the service of the Union of or a Canton, nor engage in any other calling or business.

ARTICLE 98.

The Federal President who shall preside over the Federal Council shall be chosen, together with the Vice-President, for the term of one year, by the Councils in joint session from among their members.

The retiring President is not eligible either as President or Vice-President for the next following year. The same member may not hold the office of Vice-President for two consecutive years.

ARTICLE 99.

The Federal President and the other members of the Federal Council shall receive a compensation from the Federal Treasury.

ARTICLE 100.

In order to make action valid, four members of the Federal Council must be present.

ARTICLE IOI.

The members of the Federal Council shall have the right to take part in the discussions of both branches of the Federal Assembly, and also the right to make motions on any matter under consideration.

ARTICLE 102.

The Federal Council shall have especially the following rights and duties, subject to the provisions of the present Constitution:

1. It shall direct Federal affairs according to Federal laws and decrees. 2. It shall care for the due observance of the Constitution, laws, and decrees of the Union, as well as the provisions of Federal concordats. It shall take the necessary measures for their execution either on its own initiative or upon complaint, so far as the decision of such affairs has not been vested in the Federal Tribunal by Article 113.

3. It shall enforce the guarantee of the Cantonal Constitutions.

4. It shall propose to the Federal Assembly laws and decrees, and shall report upon the propositions sent to it by the Councils of the Union or by the Cantons.

5. It shall execute the Federal laws and decrees, the judgments of the Federal Tribunal, as well as the compromises and arbitrators' decisions on questions of dispute among the Cantons.

6. It shall make such appointments as are not entrusted to the Federal Assembly, Federal Tribunal, or to some other body.

7. It shall examine the treaties of the Cantons with one another or with foreign countries, and shall approve them so far as they are permissible. (Article 85, No. 5.)

8. It shall protect the external interests of the Union especially in all nternational relations and shall in general have charge of foreign affairs. 9. It shall protect the internal safety, and the independence and neutrality of Switzerland.

10. It shall care for the external security of the Union, and for the establishment of quiet and order.

11. In urgent cases the Federal Council shall have authority, if the Councils are not in session, to call out the necessary number of troops and employ them as it shall see fit: provided that it shall call the Councils together immediately, and provided further that the number of men called out shall not exceed two thousand, nor the term of service exceed three weeks.

12. It shall have charge of Federal army affairs, and all branches of administration which belong to the Union.

13. It shall examine those laws and ordinances of the Cantons which require its approval; and shall watch over those branches of Cantonal administration which are subject to its supervision.

14. It shall manage the finances of the Union, and provide for the preparation of estimates and for a statement of the accounts of Federal income and expenditure.

15. It shall exercise the supervision over the conduct of business by all officers and employees of the Federal administration.

16. It shall report to the Federal Assembly at each ordinary session upon its conduct of business, upon the internal condition and foreign relations of the Union, and shall recommend to its attention such measures as in its judgment are desirable for the promotion of the common welfare.

It shall also make special reports upon the demand of the Federal Assembly or either branch thereof.

ARTICLE 103.

The business of the Federal Council shall be divided according to departments among its various members. The sole purpose of this division is to facilitate the examination and despatch of business. Every decision must emanate from the Federal Council as a body.

ARTICLE 104.

The Federal Council and its departments are authorised to call in the aid of experts for special matters.

Such being the method of appointment, and duties, of the members of the Swiss Federal Council, it is interesting to examine the way in which those duties are carried out.

In the first place the work of administration is divided into seven departments [Foreign Affairs, Interior, Justice and Police, War, Finance, Industry and Agriculture, Post Office and Railroads], which are apportioned among the members by arrangement among themselves. This arrangement dates from 1888. Up to that year, the President was always entrusted with the management of Foreign Affairs. He may now hold any one of the seven departments,

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