862 THE FEDERATIONS AND THE UNION [PART 1V
general recognition of Her Majesty’s continued sovereignty
under the Act of 1867, it appeared to the Privy Council
that so far as regards vesting in the Crown the same
consequences must follow in the case of non-territorial
provincial revenues.!
It is important to notice that the position of Lieutenant-
Governor and his functions cannot be affected by any
Canadian Act whatever, not excepting a Federal Act, for
the power to alter the constitution given by the British North
America Act to each provincial legislature does not extend to
altering the provisions of the Imperial Act regarding the posi-
tion of Lieutenant-Governor, and the Dominion Parliament
has no express or implied authority to affect the constitution
of a province. But it is no alteration of the position of the
office merely to confer on him fresh power and duties.
On this subject there has been a good deal of discussion
by Ministers of Justice in Canada. Thus in 1887 an Act of
Manitoba (48 Vict. c. 2) respecting the Lieutenant-Governor
was disallowed.® That Act created the Lieutenant-Governor
and his successors a corporation sole, required that all bonds,
recoghizances, and other proceedings at law should be taken
in the name of his office and be recovered by him in his name
of office and should not vest in him personally. It empowered
him to create deputies to sign marriage licences, money
warrants, letters patent of incorporation, licences to incor-
porate companies, &c., and commissions under any Act of
the Legislature. Sir John Thompson held that the making
* What would happen if the Dominion, the Province, and the Imperial
Government were all creditors of a Canadian bank and there were insuffi-
cient assets to pay them all ? There is no authority, but counsel in this
case before the Supreme Court of New Brunswick answered that they
would share pro rata, which seems good sense ; see 27 N. B. 87 9, at p. 385.
This case is not really so opposed to the view of Fournier J., in Attorney-
General of British Columbia v. Atiorney-General of Canada, 14 8. C. R. 343, at
p. 363, as Lefroy, p. 82, suggests. The Crown is one, but has different
aspects; of, the Privy Council in Dominion of Canada v. Province of
Ontario, [1910] A. C. 637, at p. 645.
* Lefroy, Legislative Power in Canada, pp. 100-12, 239, 295, 296.
* Provincial Legislation, 1867-95, p. 821.
