126 THE EXECUTIVE GOVERNMENT [PART II
of the Lieutenant-Governor if they so desired. Nova Scotia,
however, on receiving the seal, seemed not to admire its
appearance, for they pressed to be allowed to retain the
old one, and while readily admitting the right of the Crown
to issue the warrant appointing the new seal, they requested
the Federal Government to forward to the Imperial Govern-
ment a memorial asking to be allowed to keep the old seal,
and to pass Acts authorizing the use of the old seal and
smpowering the Lieutenant-Governor in Council to alter the
seal from time to time. The Federal Government did not
apparently take any action on this protest or appeal, but
let the matter drop, a practice not unusual in the Dominion.
The result was further trouble: the Supreme Court of
Nova Scotia in the case of Ritchie v. Lenoir, among other
things, delivered itself of the dictum that the patents of the
Queen’s Counsel appointed by the Lieutenant-Governor of
Nova Scotia under the Acts of 1874, cc. 20 and 21, giving him
power to appoint Queen’s Counsel and regulate their prece-
dence, were invalid because they were sealed with the old seal,
and that the new seal after its delivery to the Lieutenant-
Governor in accordance with the royal warrant of May 7,
1869, became the only lawful seal in the province. The
Provincial Government therefore asked the Federal Govern-
ment to forward to the Queen an address praying for an
Imperial Act to solve the difficulty. But before this request
could be acted upon, the Secretary of State sent to the
Government of the Dominion a dispatch of March 29, 1877,
which stated that in the opinion of the law officers of the
Crown the directions contained in the royal warrant of
May 7, 1869, were directory and not imperative, and that
though the disobedience of the order was improper, it did not
invalidate Acts done with the old seal unless and until the
new seal was formally adopted and the old seal sent for can-
cellation. But they thought that the best way would be for
the Dominion Parliament to pass legislation disposing of the
matter. By an Act, 40 Vict. c. 3, the Dominion Parliament
proceeded to act on this dispatch, and authorized the
1 38. C.R. 575.