A.—4,

21

and alleges that the said Act mentioned in the first paragraph of this information is an Appropriation Act of the revenue of the said Province, at the Provincial Account of the said several sums mentioned in the said paper writing for the purposes mentioned therein. 25. That the said paper writing is in the custody and possession of the said HenryBunny. 26. That the said Henry Bunny has, since the thirteenth day of February last, drawn out from the moneys so placed by him to the credit of the said account, called "Provincial Account No. 2," divers sums of money, amounting in all to about seven hundred pounds, and further threatens and intends, unless restrained by order or injunction of this Honourable Court, to draw out the residue of the said sum of ten thousand pounds without any other authority than the said paper writing. Wherefore the said informant prays, — (1.) That the said paper writing may be declared not to be a warrant within the meaning of the said Acts, and that the said certificate of the said "William Dorset thereto may be declared to be invalid, as the certificate of the Provincial Auditor of the said Province; and that the said Henry Bunny be ordered to deliver up the said paper writing and certificate to be cancelled. (2.) That the said Henry Bunny may be ordered to repay the said sum of ten thousand pounds to the Provincial Account of the said Province, and that the said Henry Bunny be restrained, by.order and injunction of this Court, from dealing with the said sum of ten thousand pounds or any part thereof. (3.) That the said Henry Bunny may be restrained, by the order and injunction of this Court, from drawing, issuing, or paying any moneys from the Provincial Account of the said Province, in pursuance or under the authority of the said paper writing. (4.) That the informant may have such further or other relief as may appear just. GEOUNDS OF DBMTJEEER. 1. That James Prendergast, claiming to have and exercise authority, as Attorney-General for and on behalf of Her Majesty the Queen, in the said information, has no authority to do so. 2. That no such case is made against the defendant as entitles Her Majesty's AttorneyGeneral to any such relief, touching the matters in the said information and complained of, as is thereby prayed, or any other specific relief. 3. That the matter of the said information does not affect any immediate right of the Crown, and therefore the information ought, in law, to have been filed in behalf of some person claiming to be interested in the matter of the said information, and entitled to the protection of the Crown in relation thereto. 4. That the Attorney-General has not brought before this Court, in the said information, as defendants, all the persons who are affected by the matters therein named, and who must necessarily be affected by any decree granting the relief claimed therein, or any other specific relief that can be granted upon the matters contained in the information. JOINDEE IN DEMITEEEE. That the information is good in substance. Mr. Travers argued as follows :— The clauses of " The Executive Government Act " of the Province, referred to in paragraph 4 of the information, are as follows :— " I. The entire administration of the Provincial Executive Government shall be vested in the Superintendent alone, acting by and with the advice of an Executive Council, to be appointed as hereinafter provided. " VI. There shall be a Treasurer for the Province, who shall receive and pay all moneys payable for the uses and on behalf of the Province. " VII. No public money shall be paid by the Treasurer, unless the warrant for the payment thereof shall have been signed by the Superintendent, and registered in the Secretary's office/ Proceedings by information by the Attorney-General are regulated by the Rules of the Supreme Court, and provision is made for two distinct classes of cases : — Rule 563 provides for informations by the Attorney-General, or other officer of the Crown, concerning prerogative rights of the Crown, and the practice in these cases is to be the same as in the Superior Courts of Westminster. Rule 547 provides for cases where the proceedings do not affect the immediate rights of the Crown, but in which individuals have a right to use the name of the Attorney-General. In the former case the Attorney-General or Solicitor-General is the only party to the information, and there is not of necessity a relator : but in the latter, where the rights of persons who could claim the protection of the Crown are involved, it is invariably necessary that there should be a relator, who shall be responsible for costs. (Mitford on Pleadings, fifth edition, p. 119.) The proceedings are taken at the instance of the relator, although the AttorneyGeneral is the party in whose name those proceedings are to be taken. The first question to be considered is, whether in fact the subject-matter of this information directly affects the rights of the Crown, —what is the special interest of the Crown in the