146 THE EXECUTIVE GOVERNMENT [PART II 
company liquidation,! the exemption from liability for salvage 
by a ship by an action in rem or otherwise. So all the lands 
are held ultimately from the Crown, and the Crown is entitled 
to all lands which are unoccupied and to escheats,? treasure 
trove, and intestate estates. But all these prerogatives may 
be affected by local legislation.# A prerogative to extradite 
criminals probably does not exist in either England or, 
therefore, in the Colonies.’ 
! In re Oriental Bank Corporation, ex parte the Crown, 28 Ch. D. 643. 
* Young v. 8.8. Scotia, [1903] A. C. 501. 
* Cf. The Falkland Islands Company v. The Queen, 2 Moo. P. C. (N. 8.) 
266, and see Forsyth, Cases and Opinions on Constitutional Law, pp. 176 seq. 
The prerogative right to gold and silver mines applies generally, and that 
to escheats is also applicable (see Attorney-General of Ontario v. Mercer, 
8 App. Cas. 7 67). That to sturgeons and whales and swans is not asserted 
in the Colonies so far as I know, though as to sturgeons it has been recog- 
nized recently in fact in England ; of. Baldick v. Jackson, 30 N. Z. L. R. 343, 
when the statute 17 Edw. IL c. 2 as to whales was held not to apply to 
New Zealand. 
* Exchange Bank of Canada v. Reg., 11 App. Cas. 157, followed in 
Mauritius by Colonial Government v. Laborde, 1902, Mauritius Decisions, 20. 
It rests on the Civil Code of Quebec, s. 1994, taken with Civil Procedure 
Code, 8. 611. See also Attorney-General v. Black (1828), Stuart, 324; 
Monk v. Ouimet (1875), 19 L.. C. J. 75; Attorney-General v. Judah, 7 L. N. 
147 ; Lefroy, Legislative Power in Canada, p. 182. 
* For the right are dicta in Mure v. Kaye, 4 Taunt. 35 and East India Co. 
v. Campbell, 1 Ves. 246, and it was argued that it existed in the Common- 
wealth case of Brown v. Lizars, 2 C. L. R. 837. The Court denied the right 
in accordance with Clarke, Extradition, pp. 23, 24; Encyclopaedia of the 
Laws of England, v. 267, 268,