The Constitution of Canada

Bibliographic data

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

Usage license:: Get license information via the feedback formular.

Chapter

Document type:: Monograph

Structure type:: Chapter

Title:: Chapter XIX. Division of legislative power

Collection:: Economics Books

BANKRUPTCY AND INSOLVENCY. 251 familiar. The words describe in their known legal sense provisions made by law for the administration of the estates of persons who may become bankrupt or insolvent according to rules and definitions prescribed by law, including of course the conditions in which that law is to be brought into operation, the manner in which it is to be brought into operation and the effect of its operation.” Hence an Act of the Dominion providing for the liquidation of building societies in the province of Quebec only was held wltra vires. A provision that claims by and against assignees in insolvency may be disposed of by a County Court Judge on petition is within the jurisdiction of the Dominion Govern- ment?®, and the clause in the Insolvent Act of 1875 which enacted that a person who purchased goods on credit knowing himself unable to meet his engagements and concealing the fact with intent to defraud should be liable to two years’ imprisonment, was held valid by the Ontario Court of Appeal, though such enactment was connected with property and civil rights as well as with the administration of justice®. The following provincial Acts have been held invalid, as Acts held infringing on the Dominion rights regarding bankruptcy and reid. insolvency :— An Act of New Brunswick providing for the examination of a debtor before a judge and authorizing the judge to grant the debtor a discharge from gaol on proof that he is unable to pay his debts and had made no fraudulent transfer or undue preference’. The Quebec License Act 1870 in so far as it imposed a tax on the sum realized from the sale of an insolvent’s effects®. 1 I) Union St Jacques v. Belisle, L. R. 6 P. C. 81; 1 Cart. p. 63. 2 MeClanaghan v. St Anw’s Society, Q.24 L. C. J. 162. 8 Crombie v. Jackson, 34 U. C. Q. B. 575; 1 Cart. 685. 4 Peek v. Shields, 6 Ont. App. Rep. 639. 5 R.v. Chandler, N. B. 1 Hannay 556; 2 Cart. 4921. 6 Coté v. Wutson, 3 Quebec, L. R. 157; 2 Cart, 343.

Access restriction

Copyright

fullscreen: The Constitution of Canada

Monograph

Chapter

Table of contents

Download

Monograph

Chapter

This page

Image fragment

Citation links

Citation recommendation