Full text: Responsible government in the Dominions (Vol. 2)

702 THE FEDERATIONS AND THE UNION [PART TV 
and not disallowed! In January 1889 Sir J. Thompson 
reviewed all the cases and correspondence on the matter in 
his elaborate report on the disallowance of a Quebec Act, 
51 & 52 Vict. ¢. 20, regarding district magistrates? This 
Act was intended to abolish the holding of the Circuit Court 
in the Montreal district, and to substitute a District Magis- 
trate’s Court to deal with all cases pending before the Circuit 
Court; to be presided over by two judges appointed by 
the Lieutenant-Governor in Council with salaries of $3,000 
a year, who were not to be eligible for the Canadian Senate 
or Commons, and who were to hold office during good be- 
haviour, but to be removable by the Lieutenant-Governor 
on addresses from the two Houses of Quebec. The Act was 
disallowed on September 7, 1888, and the Minister of Justice 
affirmed its impropriety very convincingly. A Supply Bill 
was disallowed in 1871 in Ontario because it increased judges’ 
salaries ; in 1875 a British Columbia Act (37 Vict. c. 9) was 
disallowed because it fixed the residence of judges ; in 1880 
an Ontario Act (42 Vict. c. 19) to appoint a judge was dis- 
allowed ; in 1883 an Act of British Columbia (45 Vict. c. 8) 
for the appointment of gold commissioners was disallowed. 
There is no doubt as to the power of the Federal Parliament 
to impose duties on Provincial Courts,® but it could also 
empower new courts to deal with its special subjects, e.g. 
bankruptey,tand in a case regarding control of electoral revis- 
ing officers it was held that the Ontario Court could not 
control the revising officers,’ and the Canadian Parliament 
has vested the Railway Commissioners with special powers 
of a judicial character. and so as regards patents, the Act of 
! Provincial Legislation, 1896-8, pp. 36 seq. 
* See Lefroy, op. cit., pp. 140-75. 
Valin v. Langlois, 5 App. Cas. 115; Lefroy, op. cit., pp. 511-3, who 
rightly criticizes Piel Ke-ark-an v. Reg., (1891) 2 B. C. (Hunter), at p. 76. 
See also ex parte Perkins, 24 N. B. 66. at p. 70; ex parte Porter. (1889). 
28 N. B. 587. 
*388.C.R., at p. 76, per Taschereau J. 
5 Re North Perth, Hessin v. Lloyd, (1891) 21 O. R. 538. 
* Canadian Pacific Railway Co. v. Northern Pacific, dec., Railway Co., 
(1888) 5 M, R., at Pp. 313. A Provincial Act of Quebec of 1890 giving
	        
Waiting...

Note to user

Dear user,

In response to current developments in the web technology used by the Goobi viewer, the software no longer supports your browser.

Please use one of the following browsers to display this page correctly.

Thank you.