768 THE FEDERATIONS AND THE UNION [PART IV
The Commissioner in Council may now legislate on the
following subjects :1
(2) The establishment and tenure of territorial offices and
the appointment and payment of territorial officers out of
territorial revenues.
(6) The establishment, maintenance, and management of
prisons in and for the Territory, the expense thereof being
payable out of territorial revenues.
(¢) Municipal institutions in the Territory.
(d) Shop, saloon, tavern, auctioneer, and other licences, in
order to raise a revenue for territorial or municipal purposes.
(¢) The incorporation of companies with territorial objects,
excepting railway companies (not including tramway and
street railway companies), and steamboat, canal, telegraph.
and irrigation companies.
(f) The solemnization of marriage in the Territory.
(9) Property and civil rights in the Territory.
(k) The administration of justice in the Territory, including
the constitution, organization, and maintenance of territorial
courts of civil jurisdiction, including procedure therein, but
not including the appointment of judicial officers, or the
constitution, organization, and maintenance of courts of
criminal jurisdiction, or procedure in criminal matters.
(¢) The defining of the powers, duties, and obligations of
sheriffs and clerks of the courts and their respective deputies.
(J) The conferring on territorial courts of jurisdiction in
matters of alimony.
(k) The imposition of punishment by fine, penalty, or
imprisonment, for enforcing any territorial ordinances.
(!) The expenditure of territorial funds and such portion
of any moneys appropriated by Parliament for the Territory
as the Commissioner is authorized to expend by and with the
advice of the Council or of any committee thereof.
(m) Generally, all matters of a merely local or private
nature in the Territory.
The powers of the Commissioner in Council as in the
North-West with regard to these questions are not to exceed
those given to Provincial Legislatures under the provisions
of 8. 92 of the British North America Act. 1867.
t Rev. Stat., 1906, o. 63; cf. 2 Edw. VIL. c. 34. The Minister of Justice,
in a report of December 11, 1899 (Provincial Legislation, 1899-1900, p. 155),
juestions the power of the Commissioner to enact retro-active ordinances.