ENGLAND, Law of-(Continued).

in Ontario, 47-53.

in North-West Territories, 53-4.

in Manitoba, 54-5.

in British Columbia, 55-6.

lex et consuetudo parliamenti, 105.
(See also" Imperial Statutes.")

ESCHEATS, 91, 333-4.

ESTOPPEL against raising question of constitutionality, 188.
EVIDENCE-See Procedure."

EXCISE, provincial Acts may affect federal, 199.
"EXCLUSIVE" (secs. 91 and 92) 183 et seq.

has no reference to imperial legislative power, 37, 208.
EXECUTIONS-See "Judgments and Executions."
EXECUTIVE AUTHORITY-See "Crown."

and legislative jurisdiction, 162.

EXECUTIVE COUNCIL-

members not amenable for official acts, 142.

of Canada, 91.

of Ontario and Quebec, 142.

EXEMPTION Acts, Debtors', 225.

EXPORT, prohibited on sale of provincial timber, 199, 206, 262.
by same laws, 204.

Ex post facto Acts, 59.

EXTRADITION, 306, 345.

EXTRA-TERRITORIAL legislation.

imperial, 26 et seq, 62 et seq.

colonial, 64 et seq.

by Canadian legislatures, 65-7, 220.

provincial taxation, 256.

provincial company, bonds of, 267.
railways, 275.

foreign company, 281.

within the province," 256, 287.

F.

FACTORY ACTS, 205.

FEDERAL COURTS-See "Courts."

FEDERAL OFFICERS-See "Civil Service."

FEDERAL PARLIAMENT

See "Dominion."

FERRIES (See "Table of References," ante, p. xix.)

franchise for, 92, 216, 282.

proprietary rights and legislative jurisdiction, 163, 216.
provincial, subject to federal navigation laws, 212.

tax on, 259.

local regulation of, 316.

FINES and penalties under provincial Acts-
general legislation as to, 313.

plenary power of provincial legislatures, 70, 313.
remission of, by Lieutenant-Governor, 250-1, 313-see
fine and imprisonment, 313.

with or without hard labor, 313.

forfeiture of goods, 313.

FIREARMS, sale and carriage of, 245 (n).

FIRE MARSHALS' Courts-See "Courts."

FISHERIES-(See "Table of References," ante, p. xix.)

proprietary rights and legislative jurisdiction, 163, 213.
provincial laws, 214, 290.

fish company, incorporation of, 216.

FOREIGNERS-See "Aliens."

FOREIGN AFFAIRS, Crown's prerogatives as to, 83, 90.
FOREIGN COMPANY, Acts requiring deposit by, 182, 224.
FOREIGN LAW, Canadian Courts give effect to, 306 (n).
FORFEITURE of goods, 313.

FRANCHISE See "Elections."

GAMBLING, 238.

GAME LAWS, 204, 316.

GENERAL class, excluded by particular, 198, 206.

"Pardon.”

GOVERNOR, colonial.

early commissions, 7.

exercise of Crown's prerogatives, 90, 91.
assembling, etc., of parliament, 121.

position of, summary, 92 et seq.

as to acts of state, 93-4.

GOVERNOR-GENERAL of Canada, 92 et seq., 101.

exercises all prerogatives within scope of federal government, 95.
on advice of Canadian ministry, 95.
"instructions" to, proper scope of, 95, 98.

Letters Patent constituting office, 95 (in Appendix).

appointments to office by, 96-7.

pardoning power, 98.

pro-confederation statutory powers, 100-1.

HARBORS, 329.

HEALTH regulations, 204.

HISTORY, as and to interpretation of B. N. A. Act, 71.
constitutional, of pre-confederation provinces, 2 et seq.
HOUSE OF COMMONS-See "Commons."

Lords See Senate."

66

66

H.

IMMIGRATION, 325.

IMPERIAL ACTS-(See also "England, Law of ").
territorial operation of, 26 et seq., 62 et seq.

extension of, to colonies, 25 et seq.

IMPERIAL PARLIAMENT
supremacy of, 25, 155.

I.

canon of interpretation as to, 28.

99
repugnancy as avoiding colonial Acts, 27, 57, 159, 209.
Canadian legislation, power as to, 35.

since B. N. A. Act, 37.

repeal of, by imperial Act, operation of, in colonies, 38.
IMPERIAL EXECUTIVE AUTHORITY-(See "Crown ").

cannot override B. N. A. Act, 95.

Canadian legislation, 18, 135, 158.
except by disallowance, 134-5, 158.
(See 'Imperial Acts ").

alleged limitations on, 155.

IMPERIAL SOVEREIGNTY, saving of, in colonial legislation, 60,
155.

INCORPORATION of Banks, 216.

by federal parliament, 268.

66

IMPLIED POWERS-See " Ancillary."

doctrine of, as appears to Canadian legislatures, 189 (n), 191.
IMPRISONMENT See "Fines and Penalties."

for debt, 225, 290-See "Bankruptcy."

INCORPORATION OF COMPANIES-See also " Company."

effect of incorporation, 282-3.
implied powers, 284.

under residuary power, 182.

range of power, 268, 278.

company may limit operations territorially, 279.

can confer corporation capacity and federal powers only, 278,

280.

other powers aliunde, 280, 284.

bound by provincial law, 280.

trade regulations, 281.
Mortmain Acts, 281.

INCORPORATION OF COMPANIES-(Continued).

by provincial legislation.

can confer corporative capacity and provincial powers only,
280.

other powers aliunde, 280, 284.

INDIANS and Indian lands, 227 et seq.-(See "Table of References,"

ante, p. xix.)

proprietary rights and legislative jurisdiction, 163, 228, 262.
annuities to, 335.

INDIGENT DEBTORS, 225, 290.

INDIRECT taxation-See "Taxation."

INSOLVENCY-See Bankruptcy."

"INSTRUCTIONS" to colonial governors, 95, 98.

66

INSURANCE-

provincial Uniform Conditions Acts valid, 170, 200 et seq.

federal legislation as to, 202.

agents and companies, tax on, 205, 259.

INTERCOLONIAL free trade, 339.

INTERCOLONIAL RAILWAY, 349.

INTEREST-(See "Table of References," ante, p. xix.)
provincial company authorized to borrow at, 219.

Interest other than that of province" (sec. 109), 335.
INTERNATIONAL sovereignty, colonial Acts cannot touch, 61.
INTERPRETATION of B. N. A. Act-

general rules-See "B. N. A. Act."

special rules to and in determining scope of various classes of
secs. 91 and 92-196-9.

other parts of Act and Acts in pari materia, 196-7.

collocation of classes, 197, 200, 218.

sections 91 and 92 to be read together, 197.

particular class excludes general, 198, 206.

possibility of abuse or interference, no reason for denying
existence of power, 183, 198-9.
INTERPRETATION of impugned Acts-See "Classification."

J.

JAPANESE-See "Aliens."

JUDGES-See "Courts."

certain, appointed by federal government, 300-1.

dismissal of, 301.

qualifications, 302.

JUDGMENTS and Executions, 175, 221, 225, 290-See "Bankruptcy."
JUDICIAL SYSTEM of Canada, 295 et seq.

JURISDICTION, legislative-See "Legislative Competence."
of courts-See "Courts."

JURORS and juries-See "Procedure."

JUSTICES of the Peace, appointment of, 298.

federal, 303.

L.

LAND, right of alien to hold, 233.

LANDS, public-

provincial, 261, 332.

tax on, 340.

"belonging to "Canada or a province, 332.
grants of, 332-3.

LAUNDRIES, 205, 259.

"LEGAL relations," 183 (n).

LEGISLATIVE COUNCIL (Que.), 148.

LEGISLATIVE COMPETENCE-

Courts decide all questions as to, 18, 58, 157, 187-8.

no relation to veto power, 135, 155 et seq., 173.

implied powers, 189 (n), 191-See "Ancillary."

concurrent powers-See "Concurrent."

partial invalidity, 194.

Crown's assent does not affect question, 135.

66

necessarily incidental" legislation, line of necessity, 176, 189,
190, 191.

national concern v. local and private, 177, 178, 191.

repugnancy, 179.

question of jurisdiction alone open-See "Omnipotence," "Par-
liament."

LEGISLATIVE POWER-See " Parliament."

goes hand in hand with executive-See Crown."

controls executive, 18.

of colonial legislatures-See "Colonial Legislature."

of imperial parliament-See "Imperial Parliament," "Imperial
Acts."

of Canadian legislatures-See "B. N. A. Act," etc.
LETELLIER, Lieutenant-Governor, removal of, 140.
LEX ET CONSUETUDO PARLIAMENTI, 80, 104, et seq.
not in force in colonies, 105.

66

LICENSES (See "Table of References," ante, p. xix.)
fees on, direct tax, 259.

trade-See "Trade."

provincial powers, 172, 266.