Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 2)

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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:: 1896935052

URN:: urn:nbn:de:zbw-retromon-238139

Document type:: Volume

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

Title:: Responsible government in the Dominions

Volume count:: Vol. 2

Place of publication:: Oxford

Publisher:: Clarendon Pr.

Year of publication:: 1912

Scope:: XI Seiten, Seiten 570-1100

Digitisation:: 2022

Collection:: Economics Books

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Document type:: Multivolume work

Structure type:: Chapter

Title:: Part IV. The federations and the union // Chapter I. The dominion of Canada

Collection:: Economics Books

702 THE FEDERATIONS AND THE UNION [PART TV and not disallowed! In January 1889 Sir J. Thompson reviewed all the cases and correspondence on the matter in his elaborate report on the disallowance of a Quebec Act, 51 & 52 Vict. ¢. 20, regarding district magistrates? This Act was intended to abolish the holding of the Circuit Court in the Montreal district, and to substitute a District Magis- trate’s Court to deal with all cases pending before the Circuit Court; to be presided over by two judges appointed by the Lieutenant-Governor in Council with salaries of $3,000 a year, who were not to be eligible for the Canadian Senate or Commons, and who were to hold office during good be- haviour, but to be removable by the Lieutenant-Governor on addresses from the two Houses of Quebec. The Act was disallowed on September 7, 1888, and the Minister of Justice affirmed its impropriety very convincingly. A Supply Bill was disallowed in 1871 in Ontario because it increased judges’ salaries ; in 1875 a British Columbia Act (37 Vict. c. 9) was disallowed because it fixed the residence of judges ; in 1880 an Ontario Act (42 Vict. c. 19) to appoint a judge was dis- allowed ; in 1883 an Act of British Columbia (45 Vict. c. 8) for the appointment of gold commissioners was disallowed. There is no doubt as to the power of the Federal Parliament to impose duties on Provincial Courts,® but it could also empower new courts to deal with its special subjects, e.g. bankruptey,tand in a case regarding control of electoral revis- ing officers it was held that the Ontario Court could not control the revising officers,’ and the Canadian Parliament has vested the Railway Commissioners with special powers of a judicial character. and so as regards patents, the Act of ! Provincial Legislation, 1896-8, pp. 36 seq. * See Lefroy, op. cit., pp. 140-75. Valin v. Langlois, 5 App. Cas. 115; Lefroy, op. cit., pp. 511-3, who rightly criticizes Piel Ke-ark-an v. Reg., (1891) 2 B. C. (Hunter), at p. 76. See also ex parte Perkins, 24 N. B. 66. at p. 70; ex parte Porter. (1889). 28 N. B. 587. *388.C.R., at p. 76, per Taschereau J. 5 Re North Perth, Hessin v. Lloyd, (1891) 21 O. R. 538. * Canadian Pacific Railway Co. v. Northern Pacific, dec., Railway Co., (1888) 5 M, R., at Pp. 313. A Provincial Act of Quebec of 1890 giving

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