Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 3)

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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:: 1896935311

URN:: urn:nbn:de:zbw-retromon-237672

Document type:: Volume

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

Title:: Responsible government in the Dominions

Volume count:: Vol. 3

Place of publication:: Oxford

Publisher:: Clarendon Pr.

Year of publication:: 1912

Scope:: XII Seiten, Seiten 1102-1670

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

Collection:: Economics Books

cEaP, vii] COPYRIGHT LEGISLATION 1233 the management and regulation of its Customs. As Canada had done this, s. 152 could not apply to it. On the other hand, he held that s. 17 of the Imperial Copyright Act, 1842, which prohibits any person, not being the proprietor of the copyright or some person authorized by him, from importing into any part of the British dominions any book first composed or written or printed and published in any part of the United Kingdom and reprinted in any country or place wheresoever out of the British dominions, was in force in Canada. From Mr. Justice Street’s second judgement the petitioners appealed to the Court of Appeal for Ontario and the appeal was dismissed by a majority.r The petitioners next appealed to the Supreme Court of Canada, which unanimously, on January 31, 1905, dismissed the appeal with costs? Mr. Justice Sedgewick, in delivering judgement, said :— We are unanimously of opinion that the conclusion at which the majority of the Court of Appeal arrived is the cor- rect one and that the appeal should be dismissed with costs. [n so deciding, however, we wish to state that we express no opinion one way or the other upon the question as to whether Smiles v. Belford was rightly decided. The defendants asked the Privy Council for special leave to appeal, on the grounds that the decision of the Canadian Court that s. 152 of the Customs Consolidation Act, 1876, was not in force in Canada was wrong and should be reversed, or if that decision were correct, s. 17 of the Imperial Copyright dct, 1842, had been repealed by Canadian legislation. The Privy Council, however, declined to grant special leave to appeal, and it may therefore be assumed that they regarded the decision as substantially correct. It will be seen that the judgement in this case assumes that the Order in Council which was made under the Imperial Act of 1847, and under which the prohibition of the importation of foreign reprints into Canada was suspended so long as provision was made by Canadian legislation for the levying "80. A.R. 9. 2 Imperial Book Co. v. Black, 35S. C. R. 488.

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