CASES DECIDED ON THE BRITISH NORTH AMERICA ACT, 1867. |
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Page 65
... navigable rivers being in every sense of the word " property " can be interfered with only by the Provincial Legislatures in exercise of the powers given to them to legislate respecting property and matters of a local or private nature ...
... navigable rivers being in every sense of the word " property " can be interfered with only by the Provincial Legislatures in exercise of the powers given to them to legislate respecting property and matters of a local or private nature ...
Page 66
... navigable for canoes , small boats , flat - bottom scows , logs and timber . Logs are usually driven down the river in high water in the spring and fall . The stream is rapid . During summer it is in some places on the bars very shallow ...
... navigable for canoes , small boats , flat - bottom scows , logs and timber . Logs are usually driven down the river in high water in the spring and fall . The stream is rapid . During summer it is in some places on the bars very shallow ...
Page 75
... navigable for canoes and boats and has been used from the earliest settlement of the country as a highway for the same , and for the purpose of floating down timber and logs to market . " My con- tention is shortly this , that in this ...
... navigable for canoes and boats and has been used from the earliest settlement of the country as a highway for the same , and for the purpose of floating down timber and logs to market . " My con- tention is shortly this , that in this ...
Page 76
... navigable river there can be no exclusive right of fishing unless such right existed prior to Magna Charta . But it is contended by respondent that a navigable river is in law navigable only as far as the tide ebbs and flows , and that ...
... navigable river there can be no exclusive right of fishing unless such right existed prior to Magna Charta . But it is contended by respondent that a navigable river is in law navigable only as far as the tide ebbs and flows , and that ...
Page 77
... navigable water and tide water were synonymous terms , and tide THE QUEEN water , with a few small and unimportant ... navigable in fact are so regarded in law , without reference to the ebb and flow of the tide , and if a river be ...
... navigable water and tide water were synonymous terms , and tide THE QUEEN water , with a few small and unimportant ... navigable in fact are so regarded in law , without reference to the ebb and flow of the tide , and if a river be ...
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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.