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 III. The Parliaments of the Dominions

Collection:: Economics Books

420 PARLIAMENTS OF THE DOMINIONS [PART III diction of the several courts of justice then established in Rupert’s Land, and of the several officers thereof, and of all magistrates and justices then acting within the said limits, should continue in full force and effect thereunder. That is to say, the Imperial Parliament expressly authorized the Canadian Parliament to alter the Imperial Acts relating to matters in Rupert's Land. It is indeed obvious that such a state of affairs was essential ; Rupert’s Land had been regulated in part by the authority of the Hudson’s Bay Company and in part by special Imperial statutes, and when it was given over to Canada it was necessary that the Canadian Parliament should be given a free hand to legis- late with regard to it. It will therefore be seen that the arguments adduced by Sir John Thompson are without validity. The subject of copyright in Canada, although it has elicited certain legal decisions, has not, unfortunately, produced a final decision on the point discussed above ; that is, the right of the Parliament of Canada to repeal an Imperial Act which extends to Canada but which was passed before 1867. The right, however, was discussed and was denied in a Canadian case by two judges, namely the case of Smiles v. Belford} in the Appeal Court of Upper Canada. Their decision was to the effect that the Imperial Act of 1842 was in force in Canada, and had not been, and could not be, modified by Canadian legislation. In the case of Low v. Routledge? it was held that an alien who during the time of his temporary residence in a British Colony published in the United Kingdom a book of which he was the author was entitled under the Imperial Act of 1842 to the benefit of English copyright, and that British copyright, when once it existed, extended, under the 29th section of the statute, over every part of the British Domi- nions. It was not, indeed, even contended, according to Lord Chelmsford, before the Court that any local law in Canada could prevent a native of Canada from acquiring an English copyright which would extend to Canada as well '' 10. A. R. 436. * 1 Ch. App. 42,

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