ADMINISTRATION OF JUSTICE. 243 
Establishment, maintenance 
and management of peniten- 
tiaries. s. 91 (28). 
The trial of controverted 
elections and proceedings inci: 
dent thereto. s. 41. 
The establishment, mainten- Prisons. 
ance and management of public 
reformatory prisons in and for 
the province. s. 92 (6). 
The imposition of punishment Enforcing 
by fine, penalty or imprisonment Provincial 
for enforcing any law of the 
province made in relation to 
any matter coming within any 
of the classes of subjects enu- 
merated in section 92.. s. 92 
(15). 
Election 
petitions. 
Courts of Appeal. By the 38 Vic. c. 2, passed in the Court of 
year 1875, a Supreme and an Exchequer Court were estab- Appeal. 
lished for the Dominion’, and in 1877 a Court of Maritime 
Jurisdiction was created for Ontario. 
Administration of justice in the province. The power Admini- 
of the Governor-General under s. 96 to appoint judges is groper of 
limited to judges of the Superior, District and County 
Courts in each province. For inferior courts the right of 
appointing belongs under s. 92 (14) to the province®; but the 
Licutenant-Governor as such and without legislative autho- 
rity cannot appoint justices of the peace, since he is not 
authorized as is the Governor-General to exercise that pre- 
rogative of the Crown®. The taking of evidence to be used 
in an action pending in a foreign tribunal is a matter of 
Dominion and not of provincial regulation * 
Criminal Low. The 15th clause of s. 92 confers a Criminal 
limited jurisdiction in criminal matters on the local Legisla- few 
tures, and the right of the Dominion to legislate on Criminal 
Law under s. 91 (27) is subject to this provincial right. 
1 See ante p. 216. 2 BR. v. Bennett, 1 Ont. Rep. 445; 2 Cart. 634" 
Wilson v. McGuire, 2 Ont. Rep. 118; 2 Cart. 605. 3 Doutre, p. 54. 
4 RB, Wetherell & Jones, 4 Ont. Rep. 713. 
16_ 
7)