Cases Decided on the British North America Act, 1867, in the Privy Council, the Supreme Court of Canada, and the Provincial Courts, Volume 4John Robison Cartwright C.B. Robinson, 1892 |
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Page 104
... claim by two exception saying : - - 1. That the law invoked has no legal existence inasmuch as it has been irregularly passed in the name of Her Majesty , who forms no part of the provincial legislature and has no legislative 104 PRIVY ...
... claim by two exception saying : - - 1. That the law invoked has no legal existence inasmuch as it has been irregularly passed in the name of Her Majesty , who forms no part of the provincial legislature and has no legislative 104 PRIVY ...
Page 111
... claim property in the land except by virtue of the Act of 1867 , and as regards that Act the lands did not belong to ... claims in this suit . Even if they were lands reserved for the Indians within the meaning of the Act , the Dominion ...
... claim property in the land except by virtue of the Act of 1867 , and as regards that Act the lands did not belong to ... claims in this suit . Even if they were lands reserved for the Indians within the meaning of the Act , the Dominion ...
Page 112
... claim . The grantees in those cases had to deal with the Indian claims , but the legal validity of the grants themselves was undeniably recognised both in the Canadian and the [ 50 ] American Courts . As regards that proclamation it was ...
... claim . The grantees in those cases had to deal with the Indian claims , but the legal validity of the grants themselves was undeniably recognised both in the Canadian and the [ 50 ] American Courts . As regards that proclamation it was ...
Page 116
... claim to that part of the ceded territory which lies within the pro- vincial boundaries of Ontario . The capture of Quebec in 1759 , and the capitulation of Montreal in 1760 , were followed in 1763 by the cession to Great Britain of ...
... claim to that part of the ceded territory which lies within the pro- vincial boundaries of Ontario . The capture of Quebec in 1759 , and the capitulation of Montreal in 1760 , were followed in 1763 by the cession to Great Britain of ...
Page 124
... claim of the Do- minion to the ceded territory was rested upon the pro- visions of sect . 91 ( 24 ) , which in express terms confer upon the Parliament of Canada power to make laws for ' Indians , and lands reserved for the Indians ...
... claim of the Do- minion to the ceded territory was rested upon the pro- visions of sect . 91 ( 24 ) , which in express terms confer upon the Parliament of Canada power to make laws for ' Indians , and lands reserved for the Indians ...
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Cases Decided on the British North America ACT, 1867, Vol. 2: In the Privy ... John R. Cartwright No preview available - 2017 |
Common terms and phrases
appeal apply argument assignment ATTORNEY Attorney-General authority B. N. A. Act BANK OF TORONTO British Columbia British North America by-law C. A. Ontario Canadian CATHE city of Montreal claim colony confederation constitutional corporation COURT OF CANADA creditors Crown debtor declared defendant direct tax Dominion Government Dominion of Canada Dominion Parliament effect enactment exclusive grant Gwynne held Imperial imposed intra vires judgment jurisdiction Justice L. C. Jurist LAMBE lands reserved legislation liquors LONGUEUIL Lower Canada LUMBER COMPANY Majesty ment Molson municipal North America Act Nova Scotia ONTARIO BANK opinion Parliament of Canada passed person plaintiff prerogative Privy Council Province of Ontario Province of Quebec Provincial Legislature provisions public lands purpose Quebec Act Queen question railway REGINA regulation respect revenue RINE'S MILL sect statute sub-sect Supreme Court taxation territory tion treaty ultra vires Upper Canada vested Vict winding-up words
Popular passages
Page 33 - Provinces, and for greater Certainty, but not so as to restrict the Generality of the foregoing Terms of this Section, it is hereby declared that (notwithstanding anything in this Act) the exclusive Legislative Authority of the Parliament of Canada extends to all Matters coming within the Classes of Subjects next hereinafter enumerated; that is to say, — 1 . The Public Debt and Property.
Page 130 - All Lands, Mines, Minerals, and Royalties belonging to the several Provinces of Canada, Nova 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 - America, do presume, for the present, and until our further pleasure be known, to grant warrants of survey, or pass patents for any lands beyond the heads or sources of any of the rivers which fall into the Atlantic ocean from the west or north-west...
Page 20 - Direct Taxation within the Province in order to the , raising of a Revenue for Provincial Purposes.
Page 107 - And whereas it is just and reasonable, and essential to our interest, and the security of our colonies, that the several nations or tribes of Indians with whom we are connected, and •who live under our protection, should not be molested or disturbed in the possession of such parts of our dominions and territories as, not having been ceded to, or purchased by us, are reserved to them, or any of them, as their hunting grounds...
Page 149 - Company ; as also all the lands and territories lying to the Westward of the sources of the rivers which fall into the sea from the West and Northwest as aforesaid; and we do hereby strictly forbid, on pain of our displeasure, all our loving subjects from making any purchases or settlements whatever, or taking possession of any of the lands above reserved, without our special leave and license for that purpose first obtained.
Page 117 - ... for the use of the said Indians, all the land and territories not included within the limits of our said three new Governments, or within the limits of the territory granted to the Hudson's Bay Company; as also all the lands and territories lying to the westward of the sources of the rivers which fall into the sea from the west and northwest as aforesaid...
Page 488 - Any Colonial Law which is or shall be in any respect repugnant to the Provisions of any Act of Parliament extending to the Colony to which such Law may relate, or repugnant to any Order or Regulation made under Authority of such Act of Parliament, or having in the Colony the Force and Effect of such Act, shall be read subject to such Act, Order or Regulation, and shall, to the Extent of such Repugnancy, but not otherwise, be and remain absolutely void and inoperative.
Page 48 - The result is a conviction that the states have no power, by taxation or otherwise, to retard, impede, burden, or in any manner control the operations of the constitutional laws enacted by Congress to carry into execution the powers vested in the general government.
Page 315 - In each Province the Legislature may exclusively make Laws in relation to Matters coming within the Classes of Subjects next hereinafter enumerated; that is to say, — 1.