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according action American appel apply authority Britain British Brunswick Canada Canadian cause Civil claims coasts Code colony Commission Commissioners common composition constitution contract Convention Cour Court creditors Crown d'une dans débiteur debts decision deed doit Dominion droit duty effect England English equity été être exercise exist expressed fact faire fait fish Fisheries force foreign France further give given Government granted importance interest joint Judge judgment juge jurisdiction justice Legislature limits matters means ment nature navigation Nova Scotia obligation Ontario opinion Parliament parties passed person peut possession practice prescription present principles Provinces provisions qu'il question reason reference regard relating respect river rules says separate statute term territory tion Treaty United vessels whole
Page 63 - British fishermen shall use (but not to dry or cure the same on that istand,) and also on the coasts, bays, and creeks of all other of His Britannic Majesty's dominions in America ; and that the American fishermen shall have liberty to dry and cure fish in any of the unsettled bays, harbours, and creeks of Nova Scotia, Magdalen Islands, and Labrador, so long as the same shall remain unsettled...
Page 268 - 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 311 - First, to use due diligence to prevent the fitting out, arming, or equipping, within its jurisdiction, of any vessel which it has reasonable ground to believe is intended to cruise or to carry on war against a power with which it is at peace ; and also to use like diligence to prevent the departure from its jurisdiction of any vessel intended to cruise or carry on war as above, such vessel having been specially adapted, in whole or in part, within such jurisdiction, to warlike use.
Page 63 - States shall continue to enjoy unmolested the right to take fish of every kind on the Grand Bank, and on all the other banks of Newfoundland ; also in the Gulph of St. Lawrence, and at all other places in the sea, where the inhabitants of both countries used at any time heretofore to fish...
Page 57 - Labrador ; but so soon as the same, or any portion thereof, shall be settled, it shall not be lawful for the said Fishermen to dry or cure fish at such portion so settled, without previous agreement for such purpose, with the Inhabitants, Proprietors or Possessors of the ground.
Page 328 - ... further until the expiration of two years after either of the High Contracting Parties shall have' given notice to the other of its wish to terminate the same...
Page 39 - Majesty, the Liberty to take Fish of every kind on that part of the Southern Coast of Newfoundland which extends from Cape Ray to the Rameau Islands, on the Western and Northern Coast of Newfoundland, from the said Cape Ray to the Quirpon Islands, on the shores of the Magdalen Islands, and, also on the Coasts, Bays, Harbours, and Creeks from Mount Joly on the Southern Coast of Labrador...
Page 20 - ... equip, furnish, fit out, or arm, or procure to be equipped, furnished, fitted out, or armed, or shall knowingly aid, assist, or be concerned in the equipping, furnishing, fitting out or arming of any ship or vessel, with intent or in order that such ship or vessel shall be employed in the service...
Page 268 - Those, then, who controvert the principle that the constitution is to be considered in court as a paramount law, are reduced to the necessity of maintaining that courts must close their eyes on the constitution and see only the law. This doctrine would subvert the very foundation of all written constitutions. It would declare that an act which, according to the principles and theory of our government, is entirely void, is yet, in practice, completely obligatory.