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LIQUOR TRAFFIC-

cases reviewed, 359, et seq.

power of provincial legislature to prohibit, 366-72

"LITERARY THEORY "-See DIVISION OF POWER

LOWER CANADA-See QUEBEC, PRE-CONFEDERATION PROVINCES

M.

MANITOBA—

historical sketch as to admission, 549-53

MARRIAGE, 407, 459 (see ENGLAND, LAW OF)

MILITARY MATTERS-See COLONIAL LEGISLATIVE POWER
supreme command of militia in the Queen, 259
committed to Dominion parliament, 378-9

MONEY VOTES-See APPROPRIATION AND TAX BILLS

MORTMAIN ACTS-See ENGLAND, LAW OF COMPANIES

MUNICIPAL INSTITUTIONS, 439-45

N.

NATURALIZATION AND ALIENS, 406

cases in British Columbia, 616

NEW BRUNSWICK-

legislative and executive authority in, continued by B. N. A. Act
50, 52, 313, 338

early constitution of, 27-See PRE-CONFEDERATION PROVINCES

introduction of English law into, 92-4-See ENGLAND, LAW OF

NORTH-WEST TERRITORIES—

admission of, to Canada, historical sketch, 549, et seq.

constitutional changes, 555

present constitution, 562, et seq.

representation in parliament of Canada, 271, 283

legislative supremacy of parliament of Canada over, 183, 347, 554-5

introduction of English law into, 581-See ENGLAND, LAW OF

NOVA SCOTIA-

early constitution of,'26, 40—See PRE-CONFEDERATION PROVINCES
introduction of English law into, 77-92-See ENGLAND, LAW OF
legislative and executive authority in, continued by B. N. A. Act,
50, 52, 313, 338

NUISANCES-

power of provincial legislature to prohibit, etc., 361, 373, 487

O.

OATHS-

to be taken by senators, etc., 532

OFFICES AND OFFICERS-

federal, power of Dominion parliament over, 380

Governor-General in relation to, 165, 166, et seq.
provincial legislature to tax, 380, 436

provincial, power of provincial legislatures over, 435

ONTARIO-

can provincial officers be appointed to execute Dominion
legislation? 436

legislature, 324-329

constitution, 324

membership, 328

executive council, 310

introduction of English law into, 94-128-See ENGLAND, LAW OF
(See PRE-CONFEDERATION PROVINCES)

P.

PARLIAMENT—

no special significance attached to term, 261

PARLIAMENT, SUPREMACY OF-

Dicey on the, 16

principle fully operative in Canada, 22, 174 (n)

(See LEGISLATIVE POWER)

PARLIAMENT OF CANADA-(See note at beginning of this Index)

constitution of, 260, et seq.

cannot alter its own, 281, 422-3

summoning of, etc., 165, 168-70

(See HOUSE OF COMMONS, SENATE)

PARLIAMENT OF CANADA-Continued.

legislative power of, 204, 343, 420-(See note at beginning of Index)
may legislate as parliamentary procedure, 280--See COLONIAL
LAWS VALIDITY ACT

limited power of legislation as to "privileges," 264-See PRIVI-

LEGES

limited to general legislation, 211, 351, 392, 464, 483

private bills, 352-See COMPANIES

residuum with, 344-5, 462, 485

66

'peace, order and good government," 347, 484

.over N. W. Territories, 183, 347, 554-5

disallowance of Acts of-See DISALLOWANCE

PARLIAMENT OF UNITED KINGDOM-See IMPERIAL PARLIAMENT

PARLIAMENTARY PROCEDURE-See COLONIAL LAWS VALIDITY ACT,
PRIVILEGES

PENAL LAWS OF PROVINCES, 478, et seq.—

diversity of nomenclature, 474

provincial legislature full power over procedure, 471-4

how distinguished from "criminal" law, 479

power to pass a general law, 481

appropriation of fines, 482

remission of penalties, etc., 482

POLICE MAGISTRATES--

power to appoint, 238-See JUDICIAL SYSTEM

"POLICE" POWERS, 487

POWER OF APPROPRIATION-See APPROPRIATION

POWER, DIVISION OF-See DIVISION OF POWER

PRE-CONFEDERATION PROVINCES-

Maritime provinces,

Nova Scotia, 26, 40

Prince Edward Island, 27

New Brunswick, 27

Cape Breton, 27

general treatment, 28, et seq., 40

Quebec, 27

(Old) Canada, 28, 34

general treatment, 34, 41

commissions of early governors, 20-32

government by prerogative in, 30--See PREROGATIVES

assemblies in, 26, et seq.

their functions, legislative, 30

PRE-CONFEDERATION PROVINCES-Continued.
'responsible government " in, growth of, 29-40

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(See APPROPRIATION, POWER OF EXECUTIVE RESPONSIBILITY)
type of organization in, 47

what became of their constitutions, 43, et seq.

continuation of executive authority, 48-51, 318

legislative authority, 52, 338

division of assets, etc., 52-3, 516, et seq.

laws of England in--See ENGLAND, LAWS OF

PREROGATIVES OF THE CROWN-See chapter VI.

in connection with early government of colonies, 30

extent of operation in colonies, 137, et seq.

same rule applies to lex prerogativa as to other branches of
English law, 139

effect of establishment of representative assembly in colonies, 30,
140, 242

power of colonial legislature over, 35, 139, 253

no power over certain, 253

one executive magistrate, the British idea, 130

invested by the common law with "prerogatives," 131, 134
limited by the common law, 134

no power to alter law, 131

protected in exercise of, by being a branch of parliament, 31,
132, 145

parliament may legislate as to, 132, 134, 135, 137, 253

secured control of, through power over finances, 31

express words or irresistible inference required to take away, 142
classification of, 134-6

in Canada, under B. N. A. Act, 142, 253

disallowance of colonial Acts, 145-9-See DISALLOWANCE

commissions of Oyer and Terminer, 259

Queen's Counsel case, 143 (n), 317

escheats, 528

royalties, 529-30

PRESUMPTION—

in favor of validity, 217

(See LEGISLATIVE POWER, EXECUTIVE RESPONSIBILITY)

PRINCE EDWARD ISLAND—

early constitution, 27-See PRE-CONFEDERATION PROVINCES
admission of, to Union, 617

PRIVATE BILLS-See PARLIAMENT OF CANADA

PRIVILEGES-

of parliament of Canada, 261, et seq.

B. N. A. Act amended, 262

PRIVILEGES-Continued.

legislative power in relation to, limited, 264

(See PARLIAMENT OF CANADA)

of provincial legislatures, 326, et seq.

legislative power in relation to, plenary, 326-7

(See COLONIAL LAWS VALIDITY ACT)

PRIVY COUNCIL FOR CANADA-

constitution of, 50-1, 255

appointment of members, 167, 255

PROCEDURE—See JUDICIAL SYSTEM, CRIMINAL LAW, PENAL LAW, etc.
PROHIBITION-See LIQUOR TRAFFIC

PROVINCIAL CONSTITUTIONS, 300-343

executive power, 300-324-See EXECUTIVE AUTHORITY
Lieutenant-Governors-See LIEUTENANT-GOVERNOR
Executive Council -See EXECUTIVE COUNCIL, CABINET
"executive power case" (Ont.), 305-6

legislative power-See PROVINCIAL LEGISLATURES

range of, determines range of executive, 199, 305-See LEGISLA-
TIVE POWER

provincial autonomy, 301

(See ONTARIO, QUEBEC, etc.)

PROVINCIAL LEGISLATURES-See note at beginning of this Index
disallowance of Acts of-See DISALLOWANCE

powers of, 205, 420-512-See B. N. A. ACT, COLONIAL LEGISLATIVE
POWER

as to prerogatives-See PREROGATIVES

as to "privileges," etc.-See PRIVILEGES, COLONIAL LAWS VALIDITY

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to alter constitution, 420, et seq.

as to elections-See ELECTIONS

duration of, 336

speaker, quorum, voting-See these titles

(See ONTARIO, QUEBEC, ETC.)

PROVINCIAL OFFICES-See OFFICES AND OFFICERS

PUBLIC HARBOURS, 530

PUBLIC LANDS-

Indian reserves, 404

provincial legislative power, 437

assigned to provinces, 518, 528

Manitoba, 595, 601

British Columbia, 610

Prince Edward Island, 621

exempt from taxation, 524, 531

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