cuar. 1] POWERS OF DOMINION PARLIAMENTS 363
these minor prerogatives alone were regulated by the local
law, and that others could not be so regulated. But the
distinction seems to be absolutely without warrant, and the
only true doctrine seems to be that the power to affect any
prerogative depends on the use of appropriate language in
dealing with it : it is probable that any prerogative whatever
can be barred by the use of suitable terms in dealing with it.
It is of course a question what terms are sufficient to bar
the prerogative. Thus it has been held in a series of cases
that the prerogative of priority in payment in cases of
bankruptcy is existing in Canada ! and Australia 2 generally,
but, on the other hand, it has been decided by the Privy
Council 8 that it does not exist in Quebec because of the fact
that the civil code of that Province expressly provides that
there shall be only a preference to the Crown in regard
to this matter when special circumstances exist, viz. the
insolvent being an officer under obligation to account to the
Crown ; and the law of Quebec is, according to the Imperial
Act of 1774, the old colonial French law, save as modified
by legislation since. But there is no trace in the decision
of the Privy Council that they regarded one prerogative as
less important than another, or that they accepted the view
that the barring of a minor prerogative was other than
the barring of a major prerogative; the words barring the
general right of the Crown are not expressly set out in the
civil code, but that the right is meant to be barred is evident
from the express grant of it in one case, and the rule is not
that the prerogative can only be barred by express words:
it can also be barred by necessary intendment as in this case.
t The Queen v. The Bank of Nova Scotia, 11 8. C. R. 1. Cf. [1892] A. C.
437, at p. 441. See above, pp. 145, 146.
* New South Wales Taxation Commissioners v. Palmer [1907] A. C. 179;
Attorney General of New South Wales v, Curator of Intestate Estates [1907]
A. C. 519,
* Exchange Bank of Canada v. Reg., 11 App. Cas. 157. Cf. Colonial
Government v, Laborde, 1902, Mauritius Decisions, 20 seq., where the same
doctrine is applied to Mauritius. There the French law is in force in
virtue of the terms of capitulation and allowance by the Crown, not by an
Imperial Act as in Quechee, but the fact of such an Act is not in point ;
the local law can bind the Crown if it tries to do so.