CASES DECIDED ON THE BRITISH NORTH AMERICA ACT, 1867. |
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Page 10
... Judge a subordinate part , which ought to be brought by way of review before this tribunal . Mr. Benjamin said that the Judge had found that the petitioner was personally guilty of corrupt prac- tices ; and then he said that the Quebec ...
... Judge a subordinate part , which ought to be brought by way of review before this tribunal . Mr. Benjamin said that the Judge had found that the petitioner was personally guilty of corrupt prac- tices ; and then he said that the Quebec ...
Page 37
... have just before referred , Judge Marshall , in speaking of the power to regulate commerce with foreign States , says : The power does not stop at the jurisdictional limits 1880 v . THE QUEEN . Sup . C. , PRIVY COUNCIL 37.
... have just before referred , Judge Marshall , in speaking of the power to regulate commerce with foreign States , says : The power does not stop at the jurisdictional limits 1880 v . THE QUEEN . Sup . C. , PRIVY COUNCIL 37.
Page 52
... judges in the Court below say that the Act is ultra vires because it prohibits and does not regulate , whilst another learned judge of that Court says that it is ultra vires because it regulates and does not prohibit . To my mind , it ...
... judges in the Court below say that the Act is ultra vires because it prohibits and does not regulate , whilst another learned judge of that Court says that it is ultra vires because it regulates and does not prohibit . To my mind , it ...
Page 146
... judges as are the judges of the Supreme Court , an appeal from the judgment of a single judge of the Court of Exchequer to the Supreme Court is in substance and effect simply an appeal from one of the judges to the full Court . To avoid ...
... judges as are the judges of the Supreme Court , an appeal from the judgment of a single judge of the Court of Exchequer to the Supreme Court is in substance and effect simply an appeal from one of the judges to the full Court . To avoid ...
Page 168
... judges of either of the said courts , the writ of habeas corpus , with all the benefit and relief resulting therefrom ... judge . Section 20 is for persons confined by civil process , or restrained of their liberty otherwise . This is to ...
... judges of either of the said courts , the writ of habeas corpus , with all the benefit and relief resulting therefrom ... judge . Section 20 is for persons confined by civil process , or restrained of their liberty otherwise . This is to ...
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Cases Decided on the British North America Act, 1867: Vol. V John R. Cartwright No preview available - 2017 |
Common terms and phrases
37 Vict 91st section appeal appoint argument authority B. N. A. Act Brunswick by-law Canada Temperance Act CITY OF FREDERICTON civil rights classes of subjects clause common law Confederation Constitution conviction Council County Court criminal Crown declared defendant Dominion Parliament effect enactment EX PARTE DANSEREAU exclusive right exercise fisheries force Government grant Gwynne hard labour Imperial imprisonment insolvency intoxicating liquors Judge judgment jurisdiction Justice lands lease Legis Legislative Assembly legislative power letters patent license Lower Canada matters ment Miramichi river municipal navigable Nova Scotia offence Ontario opinion Parlia Parliament of Canada passed penalty persons petitioner plaintiff Prince Edward Island privileges Privy Council prohibit Province of Quebec Provincial Legislature provisions punishment purpose question Ramsay reference REGINA repealed respect right of fishing Ritchie ROBERTSON schools sect section 91 soil statute sub-section Supreme Court Temperance Act tion trade and commerce ultra vires vested warrant writ
Popular passages
Page 598 - We admit, as all must admit, that the powers of the government are limited, and that its limits are not to be transcended. But we think the sound construction of the Constitution must allow to the national legislature that discretion, with respect to the means by which the powers it confers are to be carried into execution, which will enable that body to perform the high duties assigned to it, in I the manner most beneficial to the people.
Page 450 - Local Works and Undertakings other than such as are of the following Classes: — a) Lines of Steam or other Ships, Railways, Canals, Telegraphs, and other Works and Undertakings connecting the Province with any other or others of the Provinces, or extending beyond the Limits of the Province...
Page 42 - The imposition of punishment by fine, penalty, or imprisonment for enforcing any law of the province made in relation to any matter coming within any of the classes of subjects enumerated in this section: 16.
Page 32 - And any Matter coming within any of the Classes of Subjects enumerated in this Section shall not be deemed to come within the Class of Matters of a local or private Nature comprised in the Enumeration of the Classes of Subjects by this Act assigned exclusively to the Legislature of the Provinces.
Page 269 - 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 35 - It shall be lawful for the Queen, by and with the Advice and Consent of the Senate and House of Commons, to make Laws for the Peace, Order, and good Government of Canada, in relation to all Matters not coming within the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces...
Page 540 - 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 337 - Shop, Saloon, Tavern, Auctioneer, and other Licenses in order to the raising of a Revenue for Provincial, Local, or Municipal Purposes.
Page 451 - In and for each Province the legislature may exclusively make laws in relation to education, subject and according to the following provisions: 1) Nothing in any such law shall prejudicially affect any right or privilege with respect to denominational schools which any class of persons have by law in the Province at the union...
Page 652 - The Criminal Law, except the Constitution of Courts of Criminal Jurisdiction, but including the Procedure in Criminal Matters.