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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Document type:: Multivolume work

Structure type:: Chapter

Title:: Part V. Imperial control over Dominion administration and legislation

Collection:: Economics Books

CHAP. X11] LEGISLATION FOR THE DOMINIONS 1325 done in a certain manner. Thus there is no longer main- tained the Imperial legislation of 1868, which gave each British doctor a right to be registered in the Dominions in virtue of his registration in this country ;! on the contrary, the Act of 1886, amended in 1905 to apply to Canadian provinces also, allows the recognition of registration here of Colonial doctors on condition of reciprocity and on satisfac- tory evidence being forthcoming that the Colonial course is approximately equal to the British. Another case of such legislation is the rule with regard to Colonial probates, under which the Court in the United Kingdom will seal the probate of a Colonial Court if the Colony has made adequate provision for reciprocal recognition of Imperial probates.? Formerly, a person with probate of a will of a person who had died domiciled in a Colony, could obtain a grant of adminis- ‘ration with the will annexed, but now he could automatically seal the probate in the English Court. Similarly, under S. 20 of the Finance Act, 1894, where a Colony either levies no duty on death in respect of English estates or allows reciprocity, a sum equal to the duty levied in the Colony will be allowed in respect of property in a Colony of persons dying domiciled in England? Another important series of Acts deal with Colonial stocks.4 One very important function of the Imperial Parliament is the validating of laws invalidly passed by the Colonial Legis- latures. Thus in the case of South Australia the Constitution Act, No. 2 of 1855-6, was apparently valid in’ itself, but the Electoral Act, No. 10 of 1856, under which the first two Houses were elected, was invalid, for it was not reserved as required by the Constitution. Therefore all the legislation passed was * See Reg. v. The College of Physicians and Surgeons of Ontario, 44 U.C.QB 564; 1 Cart. 761; 21 & 22 Vict. c. 90; 49 & 50 Vict. c. 48; 5 Edw. VIL c. 14. * 55 Vict. c. 6. * See above, Part III, chap. ii. Cf. also 63 & 64 Vict. c. 14 (admission of Colonial solicitors) ; 41 & 42 Viet. c. 33 ; 49 & 50 Vict. c. 48, ss. 23, 26 (dentists), &c. There are also certain reciprocal provisions regarding patents; see 46 & 47 Vict. ¢. 57, ss. 103, 104 : 48 & 49 Vict. c. 63: 5 Edw, VII, ¢, 15, s. 65. “40 & 41 Viet, o, 59; 55 & 56 Vict. c. 35; 63 & 64 Vict. c. 62. 1279-9

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