La Revue critique de législation et de jurisprudence du Canada, 2. köideDawson Brothers, 1872 |
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Page 3
siastical jurisdiction had been created and exercised by the State . No authority can be quoted to show that the civil courts of France possessed or claimed original jurisdiction in ecclesiastical matters , although that jurisdiction is ...
siastical jurisdiction had been created and exercised by the State . No authority can be quoted to show that the civil courts of France possessed or claimed original jurisdiction in ecclesiastical matters , although that jurisdiction is ...
Page 6
... authority in Canada was subordinate to the civil , just as it is to - day under the British Crown . And what is the ... authority extended to spiritual matters . And even in the event of encroachment upon the temporal authority , the ...
... authority in Canada was subordinate to the civil , just as it is to - day under the British Crown . And what is the ... authority extended to spiritual matters . And even in the event of encroachment upon the temporal authority , the ...
Page 11
... authorities , to the Bishop , Metropolitan and other high tribunals , and finally to the Queen in her Privy Council ... authority and power is wholly given to hear and determine all manner of causes eccle- siastical . " The appel comme ...
... authorities , to the Bishop , Metropolitan and other high tribunals , and finally to the Queen in her Privy Council ... authority and power is wholly given to hear and determine all manner of causes eccle- siastical . " The appel comme ...
Page 12
... the new institutions of a conquered colony are neither those which formerly existed , nor those of its new masters ; but those estab- * 347 , n . 2 , ( ed 1866. ) lished by the colony herself under the authority of her 12 CHURCH AND STATE .
... the new institutions of a conquered colony are neither those which formerly existed , nor those of its new masters ; but those estab- * 347 , n . 2 , ( ed 1866. ) lished by the colony herself under the authority of her 12 CHURCH AND STATE .
Page 13
... authority , nor those who bear office in it , claim to be recognized by the law of the colony , otherwise than as members of a voluntary association . " Farther on , he adds : " It cannot be said that any ecclesiastical tribunal or ...
... authority , nor those who bear office in it , claim to be recognized by the law of the colony , otherwise than as members of a voluntary association . " Farther on , he adds : " It cannot be said that any ecclesiastical tribunal or ...
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Appellants arrêt authority autre bequest bien c'est Catholic catholique cause Church civil claims Code colony common law Conseil Constitution contraire contre corporation Cour Court Crown curé d'une declared defendant deux devise dispositions Dominion dommages droit ecclesiastical Edict effect England été existing expropriation fait faut France Fraser Fraser Institute Government Insolvent intérêts jour judge juge jurisdiction jurisprudence Justice l'article l'on land law of France legacy legislative lettres lettres patentes Lord Lower Canada Majesty's Government matters ment Montreal mortmain n'est navire neutre opinion ordinance of 1743 Parish Parliament Parliament of Canada paroisse parties person peut plaintiff principle Privy Council prohibition promesses de mariage Province Provincial Legislatures provisions qu'elle qu'il qu'on qu'une Quebec Quebec Act question règles religion Roman Roman law says serait seul sous statute testator timbres tion tout Treaty Treaty of Washington tribunal trustees Vict
Popular passages
Page 175 - If, then, the courts are to regard the Constitution, and the Constitution is superior to any ordinary act of the legislature, the Constitution, and not such ordinary act, must govern the case to which they both apply.
Page 180 - 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 58 - 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.
Page 112 - Britain; and that in all Matters of Controversy, relative to Property and Civil Rights, Resort shall be had to the laws of Canada, as the rule for the Decision of the same...
Page 173 - There is no position which depends on clearer principles than that every act of a delegated authority contrary to the tenor of the commission under which it is exercised is void. No legislative act, therefore, contrary to the Constitution can be valid. To deny this would be to affirm that the deputy is greater than his principal; that the servant is above his master; that the representatives of the people are superior to the people themselves; that men acting by virtue of powers may do not only what...
Page 100 - That every will shall be construed, with reference to the real estate and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will.
Page 47 - 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 26 - And, for the more perfect security and ease of the minds of the inhabitants of the said province, it is hereby declared that His Majesty's subjects professing the religion of the Church of Rome, of and in the said province of Quebec, may have, hold, and enjoy, the free exercise of the religion of the Church of Rome, subject to the King's supremacy...
Page 60 - ... consideration therefor, or to the fact of the sale or other disposal having taken place with his participation or to his own personal and certain knowledge, but the...
Page 73 - La propriété étant un droit inviolable et sacré, nul ne peut en être privé, si ce n'est lorsque la nécessité publique, légalement constatée, l'exige évidemment, et sous la condition d'une juste et préalable indemnité.