218 THE DOMINION JUDICATURE.
no appeal lies except the question (1) involves the validity
of an Act of Canada or of a Provincial Act, or (2) relates to
any fee of office, duty, rent, revenue or sum of money payable
to Her Majesty ; or to any title to lands or tenements, annual
rents or such like matters or things where rights in future
might be bound, and even in these cases leave to appeal must
»e obtained from a judge of the Supreme Court.
The Supreme Court consists of a Chief Justice and five
puisne justices, and exercises an appellate civil and criminal
jurisdiction throughout the Dominion.
In all final judgments, judgments upon special cases,
points reserved, motions for new trials, decrees in equity,
motions to set aside awards, proceedings for a writ of Habeas
Corpus, an appeal lies from a Supreme Provincial Court to
the Supreme Court of Canada.
It has also an appellate jurisdiction in criminal cases,
maritime causes from Ontario, controverted elections and
the winding-up of companies’,
An appeal also lies to the Supreme Court from the
Exchequer Court®.
Consulta- In England the House of Lords has the power of con-
ty sulting the judges; a similar power has been conferred on
ovy the Canadian Privy Council. The Governor-General in
Council may refer to the Supreme Court for hearing or
consideration any matter which he thinks fit to refer, and the
Court is required to certify its opinion to the Governor in
Council.
The Senate and House of Commons are empowered to
refer to the Court or to any two judges thereof, any private
bill or petition for a private bill, and the Court is to examine
and report upon the same?
Contro- In the case of those provinces that passed a law to such
retwoon effect, provision was made for conferring a special jurisdiction
Domi- on the Supreme and Exchequer Courts in controversies
Provinees. pg 0. 0.135 8s. 23—31, 2 Ib.5.70. & Ibs. 38.