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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Chapter

Document type:: Monograph

Structure type:: Chapter

Title:: Chapter XVIII. The Dominion Judicature

Collection:: Economics Books

THE SUPREME COURT. 219 between the Dominion and a province, or between provinces, or relating to the validity of provincial laws. “When the Legislature of any province forming part of Canada shall have passed an Act agreeing and providing that the Supreme Court and Exchequer Court or the Supreme Court alone shall have jurisdiction in any of the following cases— (1) Controversies between the Dominion of Canada and such province. “(2) Controversies between such province and any other province or provinces which may have passed a like Act. “(8) Suits, actions, or proceedings in which the parties thereto by their pleadings shall have raised the question of the validity of an Act of the Parliament of Canada when in the opinion of the judge of the court in which the same are pending such question is material, “(4) Suits, actions, or proceedings in which the parties thereto by their pleadings shall have raised the question of the validity of an act of the Legislature of such province when in the opinion of the judge of the court in which the same are pending such question is material, then this section of the Act is to be in force in the class of cases in respect of which such Act may have been passed.” In (1) and (2) the proceedings are to be in the Court of Exchequer, with an appeal to the Supreme Court. In (3) and (4) the judge who decides that the question is material, is to order the case to be removed into the Supreme Court for the decision of such question’. British Columbia in 1882 passed an Act® to give these provisions force within the province, and Ontario and Nova Scotia have now passed similar Acts’. The process of the Supreme Court and of the Exchequer Donna? Court runs throughout Canada, and the provincial sheriffs of in the Provinces. LR. 8. C. c. 185, 88. 72—T74, 2 B.C. 45 Vic. c. 2. $0 RS 1887 c. 42. N.S. R. 8.1884, c. 111.

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