762 THE FEDERATIONS AND THE UNION [PART 1v competent for the Legislature of Manitoba to set up a special jurisdiction, from the exercise of which there would lie no appeal to the Supreme Court. The attempt failed entirely, the Privy Council being clear that it was not possible for the Provincial Legislature to do anything which would have the effect of preventing appeals lying in all cases from the Provincial Court if the Dominion Parliament itself did not expressly limit the right of appeal : they pointed out that it was clear that if the claim put forward by the Manitoban Legislature were correct, it would be possible for the provinces, by legislation with regard to every subject within their provincial jurisdiction, to oust the Dominion Supreme Court entirely from its position as a Court of Appeal in provincial vases, an intention which was clearly counter to the intention of the British North America Act. The provinces have all Supreme Courts, which act also as Courts of Appeal when there are no separate Courts of Appeal, and in all cases a variety of minor Courts, sometimes, as in Quebec and Ontario, forming an imposing hierarchy. It is important to note that only certain of these Courts have any jurisdiction in divorce, and that only as an historical accident. The sole power of legislating as to divorce lies in the hands of the Dominion, while all matters relating to the solemnization of marriage rest still with the provinces. Therefore a divorce jurisdiction exists only in such cases as it was existing before the province in question entered the union : none of the subsequently created provinces could legislate to create a jurisdiction. As a result, the Provincial Courts of the Maritime Provinces have jurisdiction in divorce, those of Ontario, Quebec, Manitoba, Saskatchewan, and Alberta have not, and the case of British Columbia was thrown in doubt by a decision of Clements J. in the Watts case, in which he held, differing from a ruling by the full Supreme “In Ontario in 1909 it was proposed to limit appeals to the Supreme Court as to the Privy Council by Provincial Act, bu this was not done, as it was realized that it was witra vires ; see Canadian Annual Beview, 1909, p. 368. Cf. Oanadian Law Times. ii. 416; xi 147; Lefroy, op. cit, p. 321.