LOCAL MATTERS.
HF
15. Locar MATTERS.
Each province has jurisdiction in
(1) Municipal institutions in the province. s. 92 (8). Municipal
(2) Generally all matters of a merely local or private Sp
nature in the province. s. 92 (16).
This last sub-section must be read in connection with the
following provision in section 91: —
“ Any matter coming within any of the classes of subjects
enumerated in this section [s. 91] shall not be deemed to
come within the class of matters of a local or private nature
comprised in the enumeration of the classes of subjects by
this Act assigned exclusively to the Legislatures of the
provinces.”
In the case of I’ Union St Jacques v. Belisle! the Judicial What are
Committee of the Privy Council was called upon to consider oll
the meaning of the words “matters of a merely local or
private nature.” A benefit society called L'Union St Jacques
de Montreal, incorporated in the city of Montreal, and con-
sisting of members living within the Province of Quebec, had
owing to improvident regulations become embarrassed. The
local Legislature passed an Act imposing a forced commut-
ation of existing rights upon two widows who were
annuitants of the society, but reserving the rights so cut
down in the possible event of an improvement in the affairs
of the association. “Clearly this matter is private,” said Lord
Selborne in delivering the judgment of the Court; “clearly
it is local, so far as locality is to be considered, because it is
in the province and in the city of Montreal” A majority of
the judges of the Quebec Court of Queen’s Bench had held
that the subject-matter of the Act came within the class of
“insolvency,” which under the 91st section belonged exclu-
sively to the authority of the Dominion Parliament; a view
not followed by the Judicial Committee. The fact that the
! T..R. 6, P. C. 31; 1 Cart. 63.