Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 1)

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Multivolume work

Identifikator:: 1896933912

Document type:: Multivolume work

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Place of publication:: Oxford

Publisher:: Clarendon Press

Year of publication:: 1912-

Collection:: Economics Books

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Volume

Identifikator:: 1896934455

URN:: urn:nbn:de:zbw-retromon-236504

Document type:: Volume

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Volume count:: Vol. 1

Place of publication:: Oxford

Publisher:: Clarendon Pr.

Year of publication:: 1912

Scope:: LI, 568 Seiten

Digitisation:: 2022

Collection:: Economics Books

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Document type:: Multivolume work

Structure type:: Chapter

Title:: Part III. The Parliaments of the Dominions

Collection:: Economics Books

122 PARLIAMENTS OF THE DOMINIONS [PART 11 regard to the restrictions contained in the Act of 1894. The view adopted by the Secretary to the Law Department was accepted by the Government of the Commonwealth in a dispatch from the Prime Minister of June 15, 1908.2 The reply of His Majesty’s Government was given in a dispatch of September 18, 19083 and subsequently to the date of that dispatch the provisions of the draft Common- wealth Navigation Bill were in 1910 so amended as to remove the objections taken by the Imperial Government to its provisions. No such claim appears ever to have been made by the Government of the Commonwealth of Australia with regard to copyright, and it is admitted that the Colonial Laws Validity Act applies to Commonwealth laws.t Of course it must not be lightly assumed that an Act is repugnant to an Imperial Act, and unless it is clear that the Imperial Act does extend it will be assumed not so to extend.5 It is a matter of contention in each case what Acts are in force by necessary intendment in the Colonies. It has been decided in the case of New Zealand Loan and Mercantile Agency Co. v. Morrison that the Joint Stock ! Pari. Pap., Cd. 3023, p. 61. Contrast Quick and Garvan, Constitution of the Commonwealth, pp. 351, 352, 656. ' Parl. Pap., Cd. 4355, p. 7. Cf. also Gen. Botha’s view in Cd. 5745, p. 423. Ibid., p. 20. In the case of Canada the position is different, as the Act of 1894 is subsequent to the British North America Act. But also it is clear that after 1867 it was still held that the Act of 1854 as to registered vessels applied to Canada as well as that of 1869 regarding coasting vessels, for the Acts Nos. 128 and 129 of 1873 were both enacted not under any supposed power to repeal Imperial Acts, but under the Act mentioned as set out in the Acts in question ; so in 1908 (c. 64) as regards the coasting trade. For older views as to power to alter Imperial Acts, see Lewis, Essay on the Government of Dependencies, pp. 91, 92. - * See Quick and Garran, Constitution of the Commonwealth, pp. 351, 352, The rule applies of course to the Canadian Provinces (cf. I’ Union S. Jacques de Montréal v. Bélisle, 6 P. C. 31); and also to the Union Provinces; for it is a rule of common law as well as statutory. ® Penley v. The Beacon Assurance Co., 10 Gr. 422. [1898] A. C. 349.

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