66, 76, 338, 353, 355, 363, 370. (8) ..150, 433, 440, 505, 613, 635, 648, 655, 665, 672, 694, 747.
(9) ....107, 108, 117, 119, 122125, 126, 128, 131, 133, 135, 137, 138, 141-143, 152, 154, 157, 419, 420, 423, 426. 427, 432, 440443, 446, 448, 449, 452, 454, 456-458, 460-462, 478, 481, 640, 655, 665, 677-679, 690, 694, 703, 751.
See LEGISLATIVE POWER, 4.
Contracts, Regulation of.
See TRADE AND COMMERCE, 1.
ATTORNEY-GENERAL OF ON-
TARIO-Locus standi-Specific per-
formance of Acts of Parliament.] An
Act of the Dominion Parliament in-
corporating a company for the pur-
pose of constructing a bridge across
the Niagara River from Canada to
the United States, directed that the
bridge should be "as well for the
passage of persons on foot, and in
carriages, and otherwise, as for the
passage of railway trains." The
bridge was completed for railway
purposes only and the time limited
by the charter for completing the
work having elapsed, an information
was filed in the name of the Attorney-
General of Ontario, seeking to en-
force the terms of the charter, or for
the removal of the bridge as a nuis-
ance: Held by the Court of Appeal,
reversing the decision of Spragge C.,
that the bridge as constructed not be-
ing a public nuisance the Attorney-
General of Ontario was not the proper
officer to file the information. -At-
torney-General v. International Bridge
ATTORNEY-GENERALOF PROV.
INCE- Proper officer to complain
of violation of public rights
See INJURY TO PUBLIC.
BANKRUPTCY AND INSOL
VENCY-Trade and Commerce-32-
33 Vict. c. 16, D.-34 Vict. c. 2, Q.]
An official assignee, or his agent,
acting under an Insolvent Act of the
Parliament of Canada, can sell by
auction the goods of a bankrupt
without taking out a license therefor;
and this right cannot be restricted by
a Provincial enactment.
The Quebec License Act, 1870, in
so far as it seeks to impose a tax on
the sum realized from the sale of an
insolvent's effects when made under
the Insolvent Act of 1869, 32-33 Vict.
c. 16, and to restrain the powers of
assignees in putting that Act in op-
eration is invalid.-Coté v. Watson, ii. 343
every such instrument representing
goods to have been shipped should,
in the hands of a consignee or en-
dorsee for value, be conclusive evi-
dence of shipment as against the per
son signing the instrument, was held
not to be beyond the powers of the
Provincial Legislature as being an
interference with trade and com-
merce.-Beard v. Steele
i. 683
BREWERS' LICENSES-Power of
Provincial Legislature to impose-
37 Vict. c. 32, 0.-B. N. A. Act,
1867, 88. 91, 92.] The right conferred
on Provincia! Legislatures by sub-s.
9 of s. 92 of the B. N. A. Act to deal
with "shop, saloon, tavern,
tioneer, and other licenses," does not
extend to licenses on brewers.
Regina v. Taylor, 36 U. C Q. B.
218, overruled. (Ritchie and Strong,
JJ., dissenting.) Severn V.
Queen.
BRITISH NORTH AMERICA ACT,
1867
BRITISH NORTH AMERICA ACT.
CANADA-Laws in force in late Prov
ince of
See ELECTION LAWS.
Power to legislate respecting
statutes of old Parliament of. i. 351
See LEGISLATURES OF ONTARIO AND
QUEBEC.
Statutes.
See STATUTES.
CANADA TEMPERANCE ACT,
1878-Powers of the Dominion Par-
liament.] An Act of the Parliament
of Canada prohibited the traffic in
intoxicating liquors, except under
certain restrictions, in any county or
city the inhabitants of which chose
to take the steps therein prescribed
for the adoption of its provisions:
Held by the Privy Council that
such an Act was within the jurisdic-
tion of the Dominion Parliament.-
Russell v. The Queen
COMMISSIONS OF ENQUIRY—
Power to issue .
See COUNTY COURT JUDGE.
OF OYER AND TERMI-
NER- Power to issue
See PREROGATIVE OF THE CROWN.
CONTRACTS-Power to regulate. i. 265
See TRADE AND COMMERCE.
COPYRIGHT--Right to legislate as
to B. N. A. Act, s. 91, sub s. 23.]
The B. N. A. Act was not intended
to curtail the paramount authority of
the Imperial Parliament as respects
any of the matters assigned by the
Act to the exclusive jurisdiction of
the Dominion Parliament, or of the
Provincial Legislatures.
All that the B. N. A. Act intended
to effect by 8. 91, sub-s. 29, as to copy-
right, was to place the right of deal-
ing with colonial copyright within
the Dominion under the exclusive
control of the Parliament of Canada,
as distinguished from the Provincial
Legislatures, in the same way as the
Act has transferred the power to
deal with banking, bankruptcy and
insolvency, and other specified sub-
jects, from the Provincial Legisla
tures, and placed them under the ex-
clusive jurisdiction and control of the
Dominion.
The Parliament of the Dominion
has no greater power to deal with the
subject of copyright than was pos
sessed by Provincial Legislatures
prior to Confederation.
The Imperial Copyright Act, 5 and
6 Vict. c. 45, was in force in Canada
at the time of Confederation, and is
in force in Canada still. It is not
affected by the Canadian Copyright
Act of 1875, which Act is also in
force.-Smiles v. Belford.
i. 576
COUNTY COURT JUDGE-
Charges of Misconduct-Enquiry by
Commission-Court of Impeachment.]
By the B. N. A. Act, 1867, sect. 96,
the Governor-General is authorized to
appoint the Judges of the County
Courts, and the Provincial Legisla
ture of Ontario had no power to pass
an Act authorizing the removal of
County Court Judges by the Lieu-
tenant-Governor for incapacity or
misbehaviour, and had not power to
pass an Act abolishing the Court of
Impeachment, which existed in
Canada before the B. N. A. Act, for
the trial of charges against County
Court Judges.
A County Court Judge may be
removed by the Governor-General
in Council under the Imperial Act
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