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. EXCISE, provincial Acts may affect federal, 199. "EXCLUSIVE" (secs. 91 and 92) 183 et seq. has no reference to imperial legislative power, 37, 208. 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. foreign company, 281. "within the province," 256, 287. FEDERAL COURTS-See "Courts." FEDERAL OFFICERS-See "Civil Service." FEDERAL PARLIAMENT See " Dominion." FERRIES (See "Table of References," ante, p. xix.) proprietary rights and legislative jurisdiction, 163, 216. 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 "Pardon." 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.) fish company, incorporation of, 216. FOREIGNERS-See "Aliens." FOREIGN AFFAIRS, Crown's prerogatives as to, 83, 90. FRANCHISE-See "Elections." FRANCHISES-See "Royalties." prerogatives as to, 10, 83. FREE TRADE, interprovincial, 339. provincial prohibition as affecting, 339. G. GAMBLING, 238. GAME LAWS, 204, 316. GENERAL class, excluded by particular, 198, 206. 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. "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. H. HARBORS, 329. HEALTH regulations, 204. HISTORY, as and to interpretation of B. N. A. Act, 71. HOUSE OF COMMONS-See Lords-See "Senate." 66 Commons." I. IMMIGRATION, 325. IMPERIAL ACTS-(See also " England, Law of "). extension of, to colonies, 25 et seq. canon of interpretation as to, 28. 66 repugnancy as avoiding colonial Acts, 27, 57, 159, 209. since B. N. A. Act, 37. repeal of, by imperial Act, operation of, in colonies, 38. Canadian legislation, 18, 135, 158. except by disallowance, 134-5, 158. IMPERIAL SOVEREIGNTY, saving of, in colonial legislation, 60, IMPLIED POWERS-See "Ancillary." doctrine of, as appears to Canadian legislatures, 189 (n), 191. for debt, 225, 290-See "Bankruptcy." INCORPORATION of Banks, 216. 66 INCORPORATION OF COMPANIES-See also Company." effect of incorporation, 282-3. implied powers, 284. by federal parliament, 268. 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. bound by federal law, 280. winding-up Acts, 280-1. navigation Acts, 281. "provincial objects," 283 et seq. INDIANS and Indian lands, 227 et seq.- -(See "Table of References," ante, p. xix.) proprietary rights and legislative jurisdiction, 163, 228, 262. INDIGENT DEBTORS, 225, 290. INDIRECT taxation-See "Taxation." INSOLVENCY-See "Bankruptcy." "INSTRUCTIONS" to colonial governors, 95, 98. INSURANCE- provincial Uniform Conditions Acts valid, 170, 200 et seq. agents and companies, tax on, 205, 259. INTERCOLONIAL free trade, 339. INTERCOLONIAL RAILWAY, 349. INTEREST-(See "Table of References," ante, p. xix.) "Interest other than that of province (sec. 109), 335. general rules-See "B. N. A. Act." special rules to and in determining scope of various classes of 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 INTERPRETATION of impugned Acts-See "Classification." JAPANESE-See "Aliens." JUDGES-See "Courts." J. certain, appointed by federal government, 300-1. dismissal of, 301. qualifications, 302. JUDGMENTS and Executions, 175, 221, 225, 290-See "Bankruptcy." 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. implied powers, 189 (n), 191-See "Ancillary." Crown's assent does not affect question, 135. "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," LEGISLATIVE POWER-See "Parliament." 66 goes hand in hand with executive-See Crown." controls executive, 18. of colonial legislatures-See "Colonial Legislature." of imperial parliament-See "Imperial Parliament," "Imperial of Canadian legislatures-See "B. N. A. Act," etc. LETELLIER, Lieutenant-Governor, removal of, 140. LICENSES-(See "Table of References," ante, p. xix.) |