Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 1)

Bibliographic data

Multivolume work

Identifikator:: 1896933912

Document type:: Multivolume work

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Place of publication:: Oxford

Publisher:: Clarendon Press

Year of publication:: 1912-

Collection:: Economics Books

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

Volume

Identifikator:: 1896934455

URN:: urn:nbn:de:zbw-retromon-236504

Document type:: Volume

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Volume count:: Vol. 1

Place of publication:: Oxford

Publisher:: Clarendon Pr.

Year of publication:: 1912

Scope:: LI, 568 Seiten

Digitisation:: 2022

Collection:: Economics Books

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

Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Part II. The executive Government

Collection:: Economics Books

126 THE EXECUTIVE GOVERNMENT [PART II of the Lieutenant-Governor if they so desired. Nova Scotia, however, on receiving the seal, seemed not to admire its appearance, for they pressed to be allowed to retain the old one, and while readily admitting the right of the Crown to issue the warrant appointing the new seal, they requested the Federal Government to forward to the Imperial Govern- ment a memorial asking to be allowed to keep the old seal, and to pass Acts authorizing the use of the old seal and smpowering the Lieutenant-Governor in Council to alter the seal from time to time. The Federal Government did not apparently take any action on this protest or appeal, but let the matter drop, a practice not unusual in the Dominion. The result was further trouble: the Supreme Court of Nova Scotia in the case of Ritchie v. Lenoir, among other things, delivered itself of the dictum that the patents of the Queen’s Counsel appointed by the Lieutenant-Governor of Nova Scotia under the Acts of 1874, cc. 20 and 21, giving him power to appoint Queen’s Counsel and regulate their prece- dence, were invalid because they were sealed with the old seal, and that the new seal after its delivery to the Lieutenant- Governor in accordance with the royal warrant of May 7, 1869, became the only lawful seal in the province. The Provincial Government therefore asked the Federal Govern- ment to forward to the Queen an address praying for an Imperial Act to solve the difficulty. But before this request could be acted upon, the Secretary of State sent to the Government of the Dominion a dispatch of March 29, 1877, which stated that in the opinion of the law officers of the Crown the directions contained in the royal warrant of May 7, 1869, were directory and not imperative, and that though the disobedience of the order was improper, it did not invalidate Acts done with the old seal unless and until the new seal was formally adopted and the old seal sent for can- cellation. But they thought that the best way would be for the Dominion Parliament to pass legislation disposing of the matter. By an Act, 40 Vict. c. 3, the Dominion Parliament proceeded to act on this dispatch, and authorized the 1 38. C.R. 575.

Access restriction

Copyright

fullscreen: Responsible government in the Dominions (Vol. 1)

Multivolume work

Volume

Chapter

Table of contents

Download

Volume

Chapter

This page

Image fragment

Citation links

Citation recommendation