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 XX. Dominion Control of the Provinces

Collection:: Economics Books

DOMINION CONTROL OF THE PROVINCES. 201 An Ordinance of the North West Territories ex- Acts dis- empting certain property from seizure and sale. allowed. An Act of Manitoba respecting escheats and for- feitures and estates of intestates. 1886 An Act of British Columbia to prevent the immi- gration of Chinese. An Act of British Columbia to amend the Land Act 1884, An Act of British Columbia to amend the Sumas Dyking Act 1878. Two Acts of Manitoba to incorporate certain Rail- way Companies. 1887 A Manitoba Act respecting the Lieutenant-Governor and his Deputies. A Manitoba Act to incorporate the Rock Lake, Louis Valley and Brandon Railway Company. A Nova Scotia Act concerning the collection of freight and wharfage and warehouse charges. In the majority of cases in which an Act has been Reasons. disallowed it has been on the ground that the Act in question was clearly beyond the competency of the provincial Legislature. Where there is a reasonable doubt as to the power of the Legislature to pass the Act, it is usually allowed to come into operation, and the persons affected thereby are left to pursue their remedy in the Courts. The British Columbia, Manitoba, and Nova Scotia Rail- Railway way Acts have been disallowed on another ground, viz., that they were contrary to the railway policy of the Dominion. By a clause of the contract between the Government of Canada and the Canadian Pacific Railway Company it is provided :— “That for twenty years from the date hereof, no line of railway shall be authorized by the Dominion Parliament to be constructed south of the Canadian Pacific Railway from any point at or near the Canadian Pacific Railway, except such line as shall run south-west or to the westward of south-

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