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

218 THE DOMINION JUDICATURE. no appeal lies except the question (1) involves the validity of an Act of Canada or of a Provincial Act, or (2) relates to any fee of office, duty, rent, revenue or sum of money payable to Her Majesty ; or to any title to lands or tenements, annual rents or such like matters or things where rights in future might be bound, and even in these cases leave to appeal must »e obtained from a judge of the Supreme Court. The Supreme Court consists of a Chief Justice and five puisne justices, and exercises an appellate civil and criminal jurisdiction throughout the Dominion. In all final judgments, judgments upon special cases, points reserved, motions for new trials, decrees in equity, motions to set aside awards, proceedings for a writ of Habeas Corpus, an appeal lies from a Supreme Provincial Court to the Supreme Court of Canada. It has also an appellate jurisdiction in criminal cases, maritime causes from Ontario, controverted elections and the winding-up of companies’, An appeal also lies to the Supreme Court from the Exchequer Court®. Consulta- In England the House of Lords has the power of con- ty sulting the judges; a similar power has been conferred on ovy the Canadian Privy Council. The Governor-General in Council may refer to the Supreme Court for hearing or consideration any matter which he thinks fit to refer, and the Court is required to certify its opinion to the Governor in Council. The Senate and House of Commons are empowered to refer to the Court or to any two judges thereof, any private bill or petition for a private bill, and the Court is to examine and report upon the same? Contro- In the case of those provinces that passed a law to such retwoon effect, provision was made for conferring a special jurisdiction Domi- on the Supreme and Exchequer Courts in controversies Provinees. pg 0. 0.135 8s. 23—31, 2 Ib.5.70. & Ibs. 38.

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