700 THE FEDERATIONS AND THE UNION [Par tv 
Ontario ; 1 but in the sphere of its authority it can regulate 
procedure.2 On the other hand, a British Columbia Act (36 
Viet. c. 2) was disallowed as an attempt to regulate criminal 
procedure® A Provincial Legislature can punish even by 
hard labour,* and the Attorney-General of the province is 
the proper person to prosecute in criminal cases? In Pillow 
v. The City of Montreal ® it was held that because a Provincial 
Act called an offence within the terms of the Act a © common 
nuisance ’, nevertheless that did not make it invalid, if the 
offence were not per se an indictable offence at common law. 
Again a Dominion Act? can punish frauds in the supplying 
of milk to cheese factories, but the Ontario Legislature 8 can 
impose sanctions for obeying such a rule as a matter of 
civil law, 
In virtue of their office, Lieutenant-Governors must have 
power to appoint provincial officers, including minor judicial 
officers, for the major offices are definitely removed from 
their sphere of action by the express terms of the Act of 1867, 
which vests the appointment of the judges of the Supreme, 
District, and County Courts in the Governor-General. The 
Governor-General has indeed a general delegation of the 
right to appoint judges and other officers, but this delegation 
is confined in practice to appointments to federal offices, as it 
is intended to be. The power of the province to legislate 
as to appointments of justices has been discussed in various 
cases ; it includes the right—but not the exclusive right—to 
' Reg. v. Lawrence, 43 U. C. Q. B. 164; 1 Cart. 742. In Australia 
the position is different 5 ©. g. a man may be punished under a Common- 
wealth statute re posts and telegraphs, and also by the state under common 
law; see BR. v. Macdonald, 7 W. A. L. R. 149. 
* Pope v. Griffith, 16 L. C. J. 169; 2 Cart. 291 ; ex parte Duncan, ibid. 
188; 2 Cart. 297; Page v. Griffith, 17 L. C. J. 302; 2 Cart. 308; Coté v. 
Chauveaw, 7 Q. L. R. 258 ; Lefroy, op. cit., pp. 463 seq. 
* Provincial Legislation, 1867-95, p. 1023. 
* Hodge v. The Queen, 9 App. Cas. 117, 
* Attorney-General v. Niagara Falls Footbridge Co., 20 Gr. 34. 
* (1885) M. L.R. 1 Q. B., at p. 401. 
" Reg. v. Wason, (1890) 17 O. A. R. 221. 
* Reg. v. Stone, (1892) 23 0. R. 46. Sec also Lefroy, op. cit, pp. 414, 
15 5 McCaffrey v. Hall, (1891) 35 L. C. J. 98.