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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Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Part V. Imperial control over dominion administration and legislation // Chapter I. The principles of imperial control

Collection:: Economics Books

1030 ADMINISTRATION AND LEGISLATION [PART YV 1909, though these death duties evade ¢n toto the provisions of private international law by requiring a duty to be paid in respect of shares of companies whose head-quarters and registration are in England, if they are companies dealing with mines in the Transvaal, by assimilating such shares to the land of the Transvaal! Thus on a death in England of an owner of such shares the Transvaal Government insists on payment of a death duty, an extraordinary provision, and one which it would be difficult to enforce in England but for the fact that it can be made binding in effect on the companies by requiring them to pay it if the owner’s representatives do not, so that the companies will not register a transfer without payment being made, and the cost of completing such a transfer, if indeed possible—for the law can require all transfers to be made locally—would be prohibitive. That such a law should be allowed to stand is a good example of the manner in which difficulties arising from the exercise of very strained powers by the Colonial Govérnments are avoided by the Imperial Government deciding to allow the legislation to stand subject to the possibility of the success of private representations having a good effect. § 6. BiLus ulira vires Allied to this topic is that of the interference with legisla- tion obviously ultra vires such as is from time to time passed by the Dominion Governments. The rule in these cases seems clearly to be that a law which is ultra vires as a whole had better be disallowed, but not one which is only so in part. Thus in 1862, an Act of 1861 of the United Province of Canada was disallowed because it purported to empower magistrates to deal in Canada with offences committed in New Brunswick, for which purpose, in the opinion of the Imperial Government, Imperial legislation was required, or an arrangement in the nature of an extradition agreement between the two Colonies to be carried out by provincial legislation.2 This latter course was adopted by the South ! See Parl. Pap., Cd. 5135, pp. 105 seq. ; 5746-1, pp. 267-9. * Canada Legislative Assembly Journals, 1862, p. 101.

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