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 XIX. Division of legislative power

Collection:: Economics Books

TRADE - AND COMMERCE. 253 should be final and not subject to the Appeal as of right to Her Majesty in Council allowed by Art. 1178 of the Code of Civil Procedure.” The following provincial Acts have been held valid :— An Act of N. B. providing that as against the assignee of the grantor under any law relating to insolvency, a bill of sale should take effect only from the time of filing thereof”. An Act of New Brunswick abolishing imprisonment for debt as respects a person not shewn to be a trader or subject to the Dominion Insolvent Act”. An Act of N. B. for the imprisonment of a person making default in payment of a sum due on a judgment in certain casest. 11. TraDE AND COMMERCE. To the Dominion are assigned The regulation of Trade and Commerce. s. 91 (2). Bankruptcy and Insolvency. s. 91 (21). The words ‘regulation of trade and commerce’ in their unlimited sense are sufficiently wide if uncontrolled by the context and other parts of the Act, to include every regula- tion of trade ranging from political arrangements in regard to trade with foreign Governments requiring the sanction of Parliament down to minute rules for regulating particular trades. But a consideration of the Act shews that the words were not used in this unlimited sense. In the first place the collocation of No. 2 with classes of subjects of national and general concern affords an indication that regulations re- lating to general trade and commerce were in the mind of the Legislature when conferring this power on the Trade and Com-~ merce. 1 Tt was also held that the Statute did not affect the right of Her Majesty to allow an appeal as of Grace. 2 In re De Veber, 21 N. B. RB. 401; 2 Cart. 552. 3 Armstrong v. McCutehin, N. B. 2 Pugsley, 381; 2 Cart. 494. 4 Ex parte Ellis, N. B.,, 1 Pugsley & Burbidge, 593; 2 Cart. 527.

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