Reports of Cases Decided in the Court of Appeal, Volume 13

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Page 155 - Scotia and New Brunswick at the union, and all sums then due or payable for such lands, mines, minerals or royalties, shall belong to the several provinces of Ontario, Quebec, Nova Scotia and New Brunswick in which the same are situate or arise, subject to any trusts existing in respect thereof, and to any interest other than that of the province in the same.
Page 149 - Act) the exclusive Legislative Authority of the Parliament of Canada extends to all Matters coming within the Classes of Subjects next hereinafter enumerated...
Page 149 - 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 156 - The management and sale of the public lands belonging to the province and of the timber and wood thereon; 6.
Page 508 - They have been treated therefore as persons in a different situation from mere contractors, for then they would have been exempt; but in truth, they are purchasers who have acquired an interest, not in a mere chattel, but in a subject of a permanent nature, either by contract with the company, or purchase or devolution from those who have contracted, and with certain obligations attached to it, which they were bound to discharge, and have...
Page 169 - While the different nations of Europe respected the rights of the natives, as occupants, they asserted the ultimate dominion to be in themselves ; and claimed and exercised, as a consequence of this ultimate dominion, a power to grant the soil, while yet in the possession of the natives. These grants have been understood by all, to convey a title to the grantees, subject only to the Indian right of occupancy.
Page 17 - Company shall have full power in all things to administer the affairs of the Company, and to make or cause to be made for the Company, any description of contract which the Company may by law enter into...
Page 160 - States to grant lands resided, while we were colonies, in the crown or its grantees. The validity of the titles given by either has never been questioned in our courts. It has been exercised uniformly over territory in possession of the Indians. The existence of this power must negative the existence of any right which may conflict with and control it.
Page 149 - In each province the legislature may exclusively make laws in relation to matters coming within the classes of subjects next hereinafter enumerated...
Page 301 - A warranty is an express or implied statement of something which the party undertakes shall be part of a contract ; and, though part of the contract, yet collateral to the express object of it.

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