Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 3)

Bibliographic data

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

Usage license:: Get license information via the feedback formular.

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

Usage license:: Get license information via the feedback formular.

Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Part VIII. Imperial unity and imperial co-operation

Collection:: Economics Books

CHAP. 111] THE CONFERENCE OF 1911 1525 North America Act, 1894, gave the Dominion Parliament full legislative powers, and that only a formal alteration of that Act would enable the powers to be overridden. In any event he wished the position cleared up. His views were reinforced by Mr. Brodeur,! who insisted that the Act of 1894 had altered Canadian law.2 Mr. Buxton 3 insisted that the Act was merely intended to consolidate, and that any alteration was merely accidental. Besides, he expressed his readiness to meet the views of the Dominion by securing the royal approval to the proposal in a Bill of 1911 to validate as regards Canadian registered shipping the devia- tion between Canadian and British law. Mr. Fisher? finally decided not to vote for the motion, lest he be deemed to admit that the Commonwealth had not all the powers which it desired to have, but Sir J. Ward intimated pretty plainly that the Commonwealth was really no better off in this regard than the Dominion. Mr. Malan ¢ and General Botha 5 also thought that matters were quite satisfactory, and that t Cd. 5745, p. 419. He admitted the binding force of the Act of 1894, ! The reference seems to be to two facts: (a) s. 69 of the Imperial Merchant Shipping Act, 1906, altered the measurement of vessels for limitation of compensation by substituting for gross tonnage without deduction of engine-room space, registered tonnage plus the amount deducted for engine-room in arriving at the registered tonnage; (b) the Act of 1894 makes the effect of any breach of collision rules conclusive proof of default on the part of a vessel in collision, while the older Act of 1854, which was followed by Canadian law (first in 1880 by ¢. 29, and now in the Shipping det, 1906), made the breach of rules merely proof of default if the accident arose from the breach. Cf. China Merchants’ Steam Navigation Co. v. Bignold, 7 App. Cas. 512; The Khedive, 5 App. Cas. 486. In both cases it seems to me that the Canadian law was overridden, but it was a case where the Canadian law never had any validity as repugnant to 36 & 37 Vict. ©. 85, 8. 17 (overlooked in 1880 by Canada). The saving in s. 421 of the Merchant Shipping Act, 1894, refers to collision rules, not to the rules regarding the effect of disregard of rules, and still less to the rules regard- ng limitation of liability which occur in a different part of the Imperial Act, though in the same part of the Canadian Act as the collision rules. It should be noted that the Supreme Court of Canada has upheld the validity of the Canadian Shipping Act, but the point of repugnancy was not taken in the case in question; see The Ship ‘ Cuba’ v. McMillan, 26 S. C. R. 651; above p. 716, note 1. * Ibid., pp. 422, 423. 4 Ibid., p. 423. % Ibid.

Access restriction

Copyright

fullscreen: Responsible government in the Dominions (Vol. 3)

Multivolume work

Volume

Chapter

Table of contents

Download

Volume

Chapter

This page

Image fragment

Citation links

Citation recommendation