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 XVIII. The Dominion Judicature

Collection:: Economics Books

THE DOMINION JUDICATURE. 217 The Exchequer Court possesses an exclusive and a con- current jurisdiction. 1. It has exclusive jurisdiction in, (¢) All cases in which relief is sought, which might in England be a subject of a suit or action against the Crown. (b) Claims against the Crown for property taken for any public purpose. (¢) Claims against the Crown for damage to property. (d) Claims against the Crown arising out of death or injury to person or property in any public work, resulting from the negligence of any officer or servant of the Crown acting within the scope of his duties or employment. (¢) Claims against the Crown arising under either any law of Canada or any regulation made by the Governor in Council. (f) Every set-off, counterclaim, claim for damages or other demand on the part of the Crown against any person making a claim against the Crown. 2. The Court has a concurrent jurisdiction, (a) In all cases relating to the revenue. (5) In all cases in which at the instance of the Attorney- General it is sought to impeach any patent of invention or any patent, lease or other instrument respecting lands. (¢) In all cases where relief is sought against any officer of the Crown for anything done or omitted to be done in the performance of his duty. (4) In all actions or suits in which the Crown is plaintiff or petitioner. An appeal lies from the Exchequer Court to the Supreme Appeal. Court, if the actual amount in controversy exceeds 500 dollars. but where the amount does not exceed that sum

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