Lord Chancellor:-

This appeal is brought from the judgment of the Supreme Court of Canada given on 19-1-1940 upon a question which was referred to that Court under the provisions of S. 55, Supreme Court Act, R. S. C. 1927, chap. 35.

[2] From the recitals contained in the Order of Reference which was made by the Governor-General in Council on 21-4-1939, it appears that, at the 4th Session of the Eighteenth Parliament of Canada, Bill 9, entitled "AnActtoamendtheSupremeCourtAct" was introduced and received first reading in the House of Commons on 23-1-1939 and that on April 14th of the same year the debate on the motion for the second reading of the Bill was adjourned in order that steps might be taken to obtain a judicial determination of the legislative competence of the Parliament in Canada to enact the provisions of the said Bill in whole or in part.

[3] The following question was accordingly referred to the Supreme Court of Canada for hearing and consideration :

" Is said Bill 9 entitled 'An Act to amend the Supreme Court Act' or any of the provisions thereof and in what particular or particulars or to what extent intra vires of the Parliament of Canada? "

[4] The contents of the Bill