The Constitution of Canada

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Monograph

Identifikator:: 1895543282

URN:: urn:nbn:de:zbw-retromon-242408

Document type:: Monograph

Author:: Munro, Joseph Edwin Crawford http://d-nb.info/gnd/1113111038

Title:: The Constitution of Canada

Place of publication:: Cambridge

Publisher:: Univ. Press

Year of publication:: 1889

Scope:: XXXVI, 356 Seiten

Digitisation:: 2022

Collection:: Economics Books

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Document type:: Monograph

Structure type:: Chapter

Title:: Chapter X. The Provincial Judicature

Collection:: Economics Books

96 THE PROVINCIAL JUDICATURE. England on the 4th March, 1837, as well as the same juris- diction as that possessed by the Court of Chancery on the 10th June, 1857, to administer justice in all cases where there existed no adequate remedy. Various other powers are possessed by the High Court, as English legislation is followed in so far as the same is appropriate to the wants of the Province. Gout 7 The Court of Appeal consists of a Chief Justice and three Justices. The jurisdiction of the Court extends to hearing Appeals, 1. from the Queen’s Bench, Common Pleas and Chancery Divisions of the High Court. 2. from the Division Court. 8. from County Courts where the case is heard before a judge without a jury? Appeals from the Court of Appeal to the Supreme Court of Canada respecting property and civil rights are not allowed without special leave, unless the title to real estate or the validity of a patent is affected, or ‘unless the matter in controversy exceeds the value of $1000, or unless the question relates to the taking of an annual or quarterly rent, customary or quarterly duty, or a like demand of a general nature affecting future rights®. Appeals from the Court of Appeal to Her Majesty in Council are prohibited except when the matter in contro- versy exceeds $4000 in value, or relates to the taking of a rent or any like demand affecting future rights®. This how- ever does not affect the right of the Judicial Committee of the Privy Council to sustain any appeal as a matter of grace. 1 0, R. S. 1887, c. 44, ss. 20—42. 3 Ih. co. 42. 8, 2. 2 0, RB. §. 1887, ¢. 44. 2 0. R. 8. 1887. o. 41.

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