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 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 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 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, power of provincial legislatures over, 435 ONTARIO- can provincial officers be appointed to execute Dominion legislature, 324-329 constitution, 324 membership, 328 executive council, 310 introduction of English law into, 94-128-See ENGLAND, LAW OF 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) 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, 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. (See APPROPRIATION, POWER OF EXECUTIVE RESPONSIBILITY) 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 effect of establishment of representative assembly in colonies, 30, 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 no power to alter law, 131 protected in exercise of, by being a branch of parliament, 31, 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 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 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. PROVINCIAL CONSTITUTIONS, 300-343 executive power, 300-324-See EXECUTIVE AUTHORITY legislative power-See PROVINCIAL LEGISLATURES range of, determines range of executive, 199, 305-See LEGISLA- provincial autonomy, 301 (See ONTARIO, QUEBEC, etc.) PROVINCIAL LEGISLATURES-See note at beginning of this Index powers of, 205, 420-512-See B. N. A. ACT, COLONIAL LEGISLATIVE as to prerogatives-See PREROGATIVES as to "privileges," etc.-See PRIVILEGES, COLONIAL LAWS VALIDITY Аст 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 |