Case of inci upon it, an important question arises. The object of that section is to provide that for any appropriation of revenue by the Assembly the recommendation of the Governor is required. The pracdental appro- tical utility of this rule is generally recognized. Its theory priation. is, that the Crown is the head of the public service, and is consequently the proper official organ through which the needs of that service are made known to Parliament. It is the duty of Parliament not to expend the money of its constituents for any unnecessary purpose; and to prove the necessity, the evidence of the official head of the service is essential. This rule applies only to the appropriation of revenue, and not to the finding of ways and means, a matter in which the Crown has no special concern. The 57th Section prohibits the Legislative Assembly from dealing with any appropriation unless it has received a message of recommendation; and the 56th Section prohibits the Legislative Council from originating bills for the appropriation of revenue. Thus no provision is made for cases of incidental appropriation in bills that originate in the Legislative Council. For example, a bill relating to explosives might contain provisions touching the appointment of a new officer, for the payment of whose salary an appropriation of revenue might be involved. All such provisions might, indeed, be contained in separate bills; but such a course would probably be found in practice to be inconvenient. It is probable that this matter is a casus omissus, and it is easy to see how, in reducing to the form of a legislative enactment several different English rules established at different dates* and without any mutual relations, such an error might have occurred. It certainly is not desirable that any deviation from so important a principle should be admitted, although, as has been before remarked, the question lies not between the two Houses, but between the Governor and either of them. In its present aspect the case may perhaps be met by the aid of that Standing Order to which reference has previously been made, and by the application to the Legislative Council of the rule of the House of Commons. Under this rule so applied no clause which appropriates revenue could, in any bill not required to originate in the Assembly, be received by the Legislative Council without a recommendation from the Governor. Thus there would practically be a distinction between incidental appropriations and incidental charges. In each case the Constitution Act is silent, and consequently no legal restriction is imposed. But in the case of appropriations the Legislative Council * The dates of these rules are as follow:- For the origination of money bills, "the Indemnity of the Lords and Commons," 1408. For the prohibition to amend money bills, resolution of House of Commons, 1678. For the recommendation of the Crown, Standing Order of House of Commons, 1706. would, like the House of Commons, spontaneously recognize the wisdom of the limitation, and would by its own action supplement the omission of the law. In the case of incidental charges, where no similar right of the Crown is involved, no reason for any such forbearance can be shown to exist. 9. The result of the whole inquiry is, that there is absolutely no authority for the proposition that the Legislative Council is in any way restricted in dealing with bills which, incidentally Case of incionly, impose any charge upon the public, or upon any dental charge. class of the public. INDEX. 625 Administration-Royal will in matters of, 92; fundamental principle Agency-History of law of, 470. Aids, Feudal-Nature of, 337; legal, ib.; give rise to taxation, 338; Ambassadors-Immunities of, 20; impeachable for withholding infor- Amelia, Princess-Convicted of nuisance, 90. Antiquity City and state convertible terms in, 467; cardinal doctrine Appellate jurisdiction-How administered, 313. Appropriation-History of, 368; negative words not required for, 369; Aristocracy-Natural and legal in England, 443. Assemblies, Financial-Nature of, 418; number of, ib.; changes in, Assent, Royal--Latest case of refusal of, 61; bills that have received Association-First political, 574. Athelings-Privileges of, ceased in third generation, 465. Bacon, Francis -Presents address against proclamations, 39; im- Ballot-Vote by, 570. Barons-Two classes of, 420, 445; act creating privilege for, 448. Bedchamber Question-Importance of, 235, 272. Behaviour-Tenure of good, 83; meaning of good, ib. Bench-Name when first used, 291; first mention of justices of, 292; Bentham-Panopticon of, 62; on Parliamentary law, 557. Berkley, Lord-Case of, 447. Bicameral system-Essentially Anglican, 553; true merit of, ib. 43. Boards-Subordinate position of administrative, 279. Bocland-What, 324. Boroughs-Last creation of Parliamentary, by charter, 515; original Bristol, Earl of-Impeachment of, 102; refusal of writ to, 454. Burleigh, Lord-Alterations in the Exchequer by, 374. Cabinet, The-Why unknown to the law, 124; unity of, as restraining Cavendish, Richard-Case of, 103. Chancellor, Lord High-How appointed, 76, 99; originally King's Chancellor of the Exchequer-Office of, when created, 300. Chancery Department of, 307; growth of court of, 308; final recogni- Charlemagne-Hears causes personally, 68. Charles the First-Orders impeachment of the five members, 105; letter Charles the Second-Suspends statutes, 44; is present at debates, Charter, the Great-Is declaratory of common law, 5; section of Chatham, Earl of-Prohibits export of wheat, 41; on freedom for the Chief Justice (Common Pleas)-Office of, when established, 294. Chiltern Hundreds-Modern use of stewardship of, 534. Church, The-Attempts to introduce canon law, 35; care of, for the Cinque Ports-Naval salute to Warden of, 224; tenure of, 354; why |