PREFACE.

In this work, I have endeavored to exhibit, in as compact a form as the wide scope of the subject permits, the Law of the Canadian Constitution in reference as well to our position as a Colony of the Empire, as to our selfgovernment under the federal scheme of the B. N. A. Act.

No work upon the first branch of the subject is in existence. The works of Clark and Merivale upon the Colonies are very antiquated, and since their publication the colonial system of the British Empire has to a very great extent been recast. In collecting the authorities, therefore, upon this branch of English jurisprudence into one book, I shall, at least, have done something to lighten the labor of those who have occasion to deal with questions relating to our connection with the Mother Country.

Upon the second branch-our internal self-government under the B. N. A. Act-the need of such a book as this has been felt for some time. Mr. Doutre's work was prepared at a time when judicial leaning was very largely toward minimizing the sphere of provincial autonomy, and the decisions since that date have not only been numerous, but those of the Judicial Committee of the Privy Council, particularly, have given a very different aspect to the law governing the relations of the provinces to the federal government.

I have also endeavored to exhibit clearly the position of the provinces and territories acquired since 1867, and have referred as freely to the decisions of the Courts in those more recent additions to the Dominion as to the authorities in the older provinces.

A glance at the Table of Contents will suffice to disclose the general mode of treatment I have adopted, and further remarks here would serve no good purpose. While, fully sensible of many defects in the execution of this work, I have strong hopes that it may prove useful, not merely to the profession, but to all those who desire information in reference to our rather unique form of government.

TORONTO,

26th Sept., 1892.

W. H. P. CLEMENT.

TABLE OF CASES CITED.

Amer, Reg. v., 143, 254, 259, 303, Auchterarder Case, 56

Bittle, Reg. v., 415, 474

Chapleau, Molson v., 312

Black, Dow v., 213, 420, 425, 433, Chaveau, Coté v., 473
452, 486

Blain, Ex parte, 185
Blake, Church v., 529
Blankard v. Galdy, 84
Bleeker v. Meyers, 122
Blouin v. Quebec, 362, 482
Boardman, Reg. v., 408, 412, 481
Boosey, Jeffreys v., 185, 186
Boucher, Re, 228

Bourgoin v. M. O. & O. Ry., 454

Bowman v. Middleton, 59

Stuart v., 131

Bradshaw, Reg. v., 416, 469

Brierly, Reg. v., 191

Chisholm, Shey v., 90
Choat, Shea v., 99

Church v. Blake, 529

v. Fenton, 404, 531 Citizens v. Parsons, 96, 105, 206, 207, 210, 213, 345, 351, 353, 356, 381, 407, 420, 455, 460, 464, 467, 511

Clark, Shoolbred v., 394, 459

v. Union Fire Ins. Co., 451 Clarkson v. Ont. Bank, 395, 397

v. Ryan, 516. Re Claxton, 582

Cleveland v. Melbourne, 489

Briton, Med. &. Genl. Life Ass., Coll. of Phys., Reg. v., 67

Re, 346, 401

Brome, Cooey v., 361, 441

Brook v. Brook, 186

Bruneau v. Massue, 231

Brush, Re Ridsdale and, 492

Bullock, Foote v., 124

Burah, Reg. v., 177, 182, 441, 481

Burdell, Reg. v., 89
Burslem, Lopez v., 185

Bustin, Ex parte, 94
Bush, Reg. v., 238

Butland v. Gillespie, 116

C.

Cahill, Beasley, q.t., v., 124
Calder, Re, 581

Caldwell v. Kinsman, 91

Cameron v. Kyte, 150, 157, 159, 195

Campbell v. Hall, 12, 30, 104, 131,

140

600

Col. Bldg. Ass. v. Atty. Genl. (Quebec), 353, 450, 455, 464 Commercial Bank, Moulson v., 108

Windsor v., 387

Comyn v. Sabine, 152, 159
Connolly v. Woolrich, 581
Cooey v. Brome, 361, 441
Coote, Reg. v., 238, 470
Cooper, Smith v., 104
Cope v. Doherty, 185, 186
Corby v. McDaniel, 125
Coté v. Chaveau, 473
v. Watson, 401
Cowan v. Wright, 536
Craw v. Ramsay, 56, 184, 192, 24 5
Crawford v. Duffield, 434

C. V. Ry. Co. v. G. W. Ry. Co., 455
Crombie v. Jackson, 393
Cronyn v. Widder, 125
Curtis v. Hutton, 111

Cushing v. Dupuy, 216, 237, 253,
349, 391, 399, 402, 465

D.