The Jurisprudence of the Privy Council: Containing a Digest of All the Decisions of the Privy Council; a Sketch of Its History; Notes on the Constitution of the Judicial Committee; a Summary of Its Procedure and Also Three AppendicesA. Periard, 1891 - 920 pages |
From inside the book
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Page 45
... French Civil Code , entitled , " De la contrainte par corps en matière civile , " have been placed in the " Code de Procédure civile . " But neither in the Canadian codes nor in the French code has this been done . The general intention ...
... French Civil Code , entitled , " De la contrainte par corps en matière civile , " have been placed in the " Code de Procédure civile . " But neither in the Canadian codes nor in the French code has this been done . The general intention ...
Page 52
... French law , action en dénonciation de nouvel auvre can only be brought by a person to stop the progress of a work infringing upon his right , or to obtain security against damage that may result from it ; but such actions cannot be ...
... French law , action en dénonciation de nouvel auvre can only be brought by a person to stop the progress of a work infringing upon his right , or to obtain security against damage that may result from it ; but such actions cannot be ...
Page 53
... French law , that is , by the law now prevailing in Lower Canada , the dénonciation de nouvel œuvre could only be maintained , if instituted before the work was completed , though by an alteration introduced by the French code , the law ...
... French law , that is , by the law now prevailing in Lower Canada , the dénonciation de nouvel œuvre could only be maintained , if instituted before the work was completed , though by an alteration introduced by the French code , the law ...
Page 55
... in Article 19 , does apply ? We " have no hesitation in saying it is not . " His Lordship , in a most able , elaborate , and learned judgment , considers the authorities , 66 RIGHT TO SUE . 66 both French and French - ACTION 55 55.
... in Article 19 , does apply ? We " have no hesitation in saying it is not . " His Lordship , in a most able , elaborate , and learned judgment , considers the authorities , 66 RIGHT TO SUE . 66 both French and French - ACTION 55 55.
Page 56
... French and French - Canadian , that bear on the question , and observes : " As far as we can refer back for precedents in the courts " of Lower Canada we find that assignees or trustees vested by voluntary agreements with the estate of ...
... French and French - Canadian , that bear on the question , and observes : " As far as we can refer back for precedents in the courts " of Lower Canada we find that assignees or trustees vested by voluntary agreements with the estate of ...
Other editions - View all
The Jurisprudence of the Privy Council: Containing a Digest of All the ... Jean Joseph Beauchamp No preview available - 2015 |
The Jurisprudence of the Privy Council: Containing a Digest of All the ... Jean Joseph Beauchamp No preview available - 2017 |
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according action Admiralty agent application Attorney authority bank bill bottomry cargo circumstances claim clause codicil collision colony construction contract corporation Court of Queen's creditor Crown damages debt decision deed defendant domicile Dominion duty effect England English law entitled evidence execution fact French law granted ground III Moore iisdem verbis insolvent judgment Judicial Committee held July June June 28 jurisdiction jury Justice land law of France Law Times N. S. leave to appeal LEGISLATIVE POWERS Legislature letters patent liable Lord LORD KINGSDOWN Lordships Lower Canada Majesty matter ment Moore N. S. ONUS PROBANDI opinion owner Parliament Parliament of Canada parties payment person petition plaintiff possession principle Privy Council proceedings province Quebec Queen's Bench question Railway Company reason referred respondent rule salvage ship South Wales statute Superior Court testator tion trustees vessel Vict VIII Moore words
Popular passages
Page 490 - The administration of justice in the Province, including the constitution, maintenance, and organization of provincial courts, both of civil and of criminal jurisdiction, and including procedure in civil matters in those courts.
Page 490 - In each Province the Legislature may exclusively make Laws in relation to Matters coming within the Classes of Subjects next hereinafter enumerated; that is to say, — 1.
Page 555 - When two steam vessels are meeting end on, or nearly end on, so as to involve risk of collision, each shall alter her course to starboard so that each may pass on the port side of the other.
Page 682 - Such works as, although wholly situate within the Province, are before or after their execution declared by the Parliament of Canada to be for the general advantage of Canada or for the advantage of two or more of the Provinces.
Page 494 - In performing this difficult duty, it will be a wise course for those on whom it is thrown, to decide each case which arises as best they can, without entering more largely upon an interpretation of the statute than is necessary for the decision of the particular question in hand.
Page 514 - A direct tax is one which is demanded from the very persons who, it is intended or desired, should pay it. Indirect taxes are those which are demanded from one person in the expectation and intention that he shall indemnify himself at the expense of another: such as the excise or customs.
Page 510 - Laws of this nature designed for the promotion of public order, safety, or morals, and which subject those who contravene them to criminal procedure and punishment, belong to the subject of public wrongs rather than to that of civil rights. They are of a nature which fall within the general authority of Parliament to make laws for the order and good government of Canada...
Page 512 - When the British North America act enacted that there should be a legislature for Ontario, and that its legislative assembly should have exclusive authority to make laws for the province and for provincial purposes in relation to the matters enumerated...
Page 517 - Direct Taxation within the Province in order to the , raising of a Revenue for Provincial Purposes.
Page 832 - Province, to the contrary hereof in any-wise notwithstanding; such will being executed either according to the Laws of Canada, or according to the Forms prescribed by the Laws of England.