CHAP. I] THE DOMINION OF CANADA 757
mines, minerals, and royalties, shall belong to the several
provinces in which they are situated or arise, subject to any
trusts existing in respect thereof, and to any interest other
than that of the province in the same. This section has been
held by the Privy Council not to make the rights of the
Indians to annuities in any way a charge on the lands of
the provinces. Moreover, by s. 117 the provinces retain all
their public property not otherwise expressly disposed of.
They also retain the assets connected with such portions
of the public debt as are retained by the provinces. Canada
assumed the debt of the United Provinces up to $62,500,000
free, of Nova Scotia up to $8,000,000, of New Brunswick
up to $7,000,000, the rest being assumed subject only to
a payment by the province of five per cent. per annum.
On the other hand, if the public debts of the last two
provinces did not exceed the amounts mentioned, Canada
was to pay five per cent. on the difference between the
total authorized and the actual debt. The debts were to
be lessened by the value of the cash, &c., transferred to
the Federal Government. In addition, the provinces were
to receive each annually eighty, seventy, sixty, and fifty
thousand dollars for Ontario, Quebec, Nova Scotia, and New
Brunswick respectively, plus eighty cents per head of the
population as ascertained at the census of 1861, and in
the case of the small provinces, at each successive decennial
census until the population reached four hundred thousand,
at which it was to remain fixed. The grants were to preclude
any future demand on the Federal Government, and were to
be paid half-yearly in advance, after deduction of any interest
owing to Canada on debt account. Moreover, a special grant
was made by s. 119 to New Brunswick. Fresh arrangements
were made with each of the subsequently acquired provinces,
but of these all save Prince Edward Island—which had
none—did not receive full control of their public lands,
though British Columbia retained the bulk of her land. and
t 8s. Catherine's Milling and Lumber Co. v. Reg., 14 App. Cas. 46; 13
8S. C. R. 577; 13 0. A. R. 148; 10 O. R. 196: Biggar, Sir Oliver Mowat,
ii, 4590-63.