Full text: Responsible government in the Dominions (Vol. 3)

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. 
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