Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 1)

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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

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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

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Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Part III. The Parliaments of the Dominions

Collection:: Economics Books

556 PARLIAMENTS OF THE DOMINIONS [PART mr seven years unless the certificate was endorsed by the Governor and sealed with the public seal, the amounts due on such signing and sealing being paid. The question raised by the Lower House was whether, the House of Representa- tives having imposed upon a Crown grant, or an instrument in the nature of a Crown grant, a certain tax or duty, it was competent to the Legislative Council to introduce an enactment to the effect that no transaction should take place under another class of instruments affecting native lands until such instruments had been practically transmuted into or changed for Crown grants, so in effect rendering the latter class of instruments liable to such tax or duty. The law officers advised that the claim of the Lower House that a breach of privilege had taken place was ill founded. They said :— We are of opinion that, if in a Bill introduced in the House of Representatives and passed through that House a certain tax or duty has been imposed upon a Crown grant, or an instrument in the nature of a Crown grant, it is com- petent to the Legislative Council without any breach of the privileges of the House of Representatives to make the efficacy for any given purpose of another class of instruments intended to affect native lands under the provisions of the same Bill dependent upon their assuming the form of Crown grants, on which the tax or duty has been so imposed by the House of Representatives. It is, we think, a fallacy, to represent this as a case in which the Legislative Council takes upon itself to impose any tax or duty. It merely provides that a particular kind of instrument shall be neces- sary to produce a particular effect. It has a right to decide for itself upon the form and character of the instrument which shall be sufficient for that purpose, and it cannot be deprived of that right merely because the form of instrument which it prefers is one on which a duty may have been already imposed by law or will be imposed if the Bill should pass—the imposition of the duty on that form of instru- ment being the act not of the Legislative Council but of the House of Representatives. We do not agree with the argu- ment that the 2s. 64. was not in its nature a tax or duty, but the other argument urged on the part of the Legislative Council that the House of Representatives cannot, by imposing a tax or duty on a particular kind of legal instru-

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