Viscount Simon. -

This is an Appeal by special leave from a judgment of the Supreme Court of Canada, dated 13th May 1947 (Rinfret C. J., Kerwin, Rand and Kellock JJ.; Taschereau J., dissenting), which answered a question propounded by the Governor-General in Council concerning the constitutional validity of S. 6,

Farm Security Act, 1944, enacted by the Legislature of the Province, of Saskatchewan, as amended by S. 2 of chap. 28 of the Statutes of Saskatchewan, 1945. There was also a second question, framed on the hypothesis that the said S. 6 was not ultra vires, and asking whether the section was operative in the case of mortgages securing loans by the Crown in right of Canada and in certain analogous cases. The majority in the Supreme Court bald that S. 6 was wholly ultra vires and therefore found it unnecessary to answer the second question. Taschereau J. was of opinion that S. 6 was intra vires, and answered the second question in the negative.

[2] The questions referred by the Governor-General in Council to the Supreme Court for hearing and consideration were formulated as follows :

"1. Is S. 6, Farm Security Act, 1944, being Chap. 30 of the Statutes of Saskatchewan 1944 (second s