146 THE EXECUTIVE GOVERNMENT [PART II
company liquidation,! the exemption from liability for salvage
by a ship by an action in rem or otherwise. So all the lands
are held ultimately from the Crown, and the Crown is entitled
to all lands which are unoccupied and to escheats,? treasure
trove, and intestate estates. But all these prerogatives may
be affected by local legislation.# A prerogative to extradite
criminals probably does not exist in either England or,
therefore, in the Colonies.’
! In re Oriental Bank Corporation, ex parte the Crown, 28 Ch. D. 643.
* Young v. 8.8. Scotia, [1903] A. C. 501.
* Cf. The Falkland Islands Company v. The Queen, 2 Moo. P. C. (N. 8.)
266, and see Forsyth, Cases and Opinions on Constitutional Law, pp. 176 seq.
The prerogative right to gold and silver mines applies generally, and that
to escheats is also applicable (see Attorney-General of Ontario v. Mercer,
8 App. Cas. 7 67). That to sturgeons and whales and swans is not asserted
in the Colonies so far as I know, though as to sturgeons it has been recog-
nized recently in fact in England ; of. Baldick v. Jackson, 30 N. Z. L. R. 343,
when the statute 17 Edw. IL c. 2 as to whales was held not to apply to
New Zealand.
* Exchange Bank of Canada v. Reg., 11 App. Cas. 157, followed in
Mauritius by Colonial Government v. Laborde, 1902, Mauritius Decisions, 20.
It rests on the Civil Code of Quebec, s. 1994, taken with Civil Procedure
Code, 8. 611. See also Attorney-General v. Black (1828), Stuart, 324;
Monk v. Ouimet (1875), 19 L.. C. J. 75; Attorney-General v. Judah, 7 L. N.
147 ; Lefroy, Legislative Power in Canada, p. 182.
* For the right are dicta in Mure v. Kaye, 4 Taunt. 35 and East India Co.
v. Campbell, 1 Ves. 246, and it was argued that it existed in the Common-
wealth case of Brown v. Lizars, 2 C. L. R. 837. The Court denied the right
in accordance with Clarke, Extradition, pp. 23, 24; Encyclopaedia of the
Laws of England, v. 267, 268,
