A Manual of the Constitutional History of Canada from the Earliest Period to the Year 1888; Including the British North America Act, 1867, and a Digest of Judicial Decisions on Questions of Legislative Jurisdiction

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Dawson Brothers, 1888 - 238 pages

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Page 195 - Solemnization of Marriage in the Province. 13. Property and Civil Rights in the Province. 14. 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. 15. The Imposition of Punishment by Fine, Penalty,
Page 136 - 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." 1C. " Generally all matters of a merely local or
Page 154 - hence an endeavour appears to have been made to provide for cases of apparent conflict ; and it would seem that with this object it was declared in the second branch of the ninety-first section, ' for greater certainty, but not so as to restrict the generality of the foregoing terms of this section,' that (notwithstanding anything in the act) the exclusive
Page 162 - facto law, and the like limitations of this kind can be preserved in practice in no other way than through the medium of the courts of justice, whose duty it must be to declare all acts contrary to the manifest tenor of the constitution void ; without this, all the reservations of particular rights and privileges would amount to nothing.
Page 198 - anything in this Act, from Time to Time, provide for the Constitution, Maintenance and Organization of a General Court of Appeal for Canada, and for the Establishment of any additional Courts for the better Administration of the Laws of Canada. Creation of
Page 162 - a bulwark of a limited constitution against legislative encroachments." The meaning of the word " limited " is explained by Alexander Hamilton : " By a limited constitution, I understand one which contains certain specified exceptions to legislative authority, such, for instance, as that it shall pass no
Page 221 - said Dominion, increase, diminish, or otherwise alter the limits of such Province, upon such terms and conditions as may be agreed to by the said Legislature, and may, with the like consent, make provision respecting the effect and operation of any such increase or diminution or alteration of Territory in relation to any Province affected thereby. Parliament
Page 196 - Protestant and Roman Catholic Subjects in Quebec; (3.) Where in any Province a System of Separate or Dissentient Schools exists by Law at the Union or is thereafter established by the Legislature of the Province, an Appeal shall lie to the Governor-General in Council from any
Page 163 - The governor-general in council appoints the judges of the superior, district and county courts in each province, except those of the courts of probate in Nova Scotia and New Brunswick. 4 The judges in Ontario, Quebec, Nova Scotia, New Brunswick and Prince Edward
Page 175 - Houses. of Commons, and by the Members thereof respectively, shall be such as are from Time to Time defined by Act of the Parliament of Canada, but so that the same shall never exceed those at the passing of this Act held, enjoyed, and exercised by the Commons House of Parliament of the United Kingdom of Great

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