The first section of the "Act for the final Settlement of the Claims of .the Province of Manitoba on the Dominion" (48 & 49 Vict. ch. 50) enacts that "all Crown Lands in Manitoba which may be shewn, to the satisfaction of the Dominion Government, to be swamp lands shall be transferred to the province and enure wholly to its benefit and uses."
Held, affirming the judgment appealed from (8 Ex. C. R. 337) Gironard and Killam JJ. dissenting, that the operation of the statutory conveyance in favour of the Province of Manitoba was suspended until such time or times as the lands in question were ascertained and identified as swamp lands and transferred as such by order of the Governor-General-in-Council, and that, in the meantime, the Government of Canada remained entitled to their administration aqd the revenues derived therefrom enured wholly to the benefit and use of the Dominion.
APPEAL from the judgment of the Exchequer Court of Canada (1) dismissing the plaintiff's action with costs.
The action was by statement of a claim made, on behalf of the Province of Manitoba, that on the proper :-Sir Elzdar Taschereau C.J. and Girouard, Davies, Nesbitt and Killam JJ.