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PROVINCIAL CONSTITUTIONS—

general remarks, 136 et seq.

privileges of assemblies, 106-7-See "Privileges."
executive authority, 136-147.

legislative authority-

does not antedate B. N. A. Act, 174.
plenary, 58, 59, 137 et seq., 188, 247 et seq.
constitutional limitations, 248.
co-ordinate with federal, 103, 139.
over prerogatives, 137.

constitution of, 147-159.

Crown a branch, 151.

form of, one or two chambers, 147.

electoral districts, 148.

qualification of members, 150-1.

elections, 151 et seq.

duration of assemblies, 152.

may be altered by provincial law, 152.

quorum, voting, etc., 153.

of certain provinces continued by B. N. A. Act, 153-
See "Pre-confederation Constitutions."

"PROVINCIAL OBJECTS," 283 et seq.-See "Incorporation."

PROVINCIAL OFFICERS-See " Civil Service."

PUBLIC HARBORS-See "Harbors."

laws-See "Laws."

works, divided by B. N. A. Act, 329 et seq.

health regulations, 204.

Q.

QUEBEC Early constitutional history, 4 et seq.

legislature-See "Provincial Constitutions."

QUEBEC Act, 1774, 9, 47, 70, 197.

QUEBEC RESOLUTIONS, as an aid to interpretation of B. N. A.
Act, 72.

R.

RAILWAYS-

federal-

federal Acts may affect proprietary rights, procedure, etc.,

199.

scope of, 268 et seq.

directors, 268.

actions against railways, 268, 269, 273.

pleadings in, 270.

RAILWAYS-(Continued).

jurisdiction of Railway Committee of Privy Council,

269.

crossings, 269, 270.

fencing, 269, 270.

damages, 270.

expropriation of provincial laws, 270.

carriage contracts, 271.

provincial Acts may affect federal railways, 199, 268, 272.
Workmen's Compensation Acts, 268-9, 272, 273.

Sequestration Acts, 273.

crossings, 273.

Mechanics' Lien Acts, 273.

Railway Accident Acts, 273.
amalgamation, 274.

bonus to, 316.

municipal by-laws, 271.

taxes, 271.

to provincial boundary line, 274.

into foreign country, 275.

Government railways, pre-confederation, transferred to Canada,

331.

to extent of provincial interest, 331.
federal Acts as to obligations, 331-2.

REDISTRIBUTION, 129 et seq.

66

Canada," meaning of, 132.

Prince Edward Island, representation of, 394.

by what authority? 131.

census to determine, 79.

REPUGNANCY-See "Colonial Laws Validity Act."

between federal and provincial Acts-See "Legislative Compe-
tence."

courts must determine question of competence.

RESERVED BILLS, 135, 154.

RESIDUUM of legislative power with federal parliament, 166, 174.
sed quaere, 179, 288, 314.

proprietary rights with provinces, 181, 326.

RETAIL and wholesale, 204. 259.

RETROACTIVE laws, 59.

REVENUES, division of pre-confederation, 362 et seq.

RIVERS-See "Navigation and Shipping."

land under, ownership of, 331.

ROYALTIES-334, 335.

escheats, 91, 333-4.

precious metals, 91, 334.

ferry license, 92, 216, 282.

S.

SABBATH OBSERVANCE, 239-40, 316.

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SANITARY LAWS-See Health."

SEATS of Government, 103, 146.

SENATE of Canada, 111 et seq.

number of senators, 111, 117.

equal representation, original principle, 112 et seq.

compared with House of Lords and United States Senate, 111
North-West Territories, senators from, 113.

added provinces, from, 112-3.

Quebec, from, 114.

qualification of, 114 et seq., 118-9.

senate decides as to status, 118-9.

oath of senators, 341.

summons to, 115.

addition to, power of, 116.

tenure of seats in, 117.

resignation of senators, 117.

vacating seat in, 117.

Speaker of, 119.

quorum, 119.

voting in, 119-20, 128.

senator ineligible to Commons, 121.

SEPARATE SCHOOLS-See "Education."

SHIPPING-See " Navigation."

SOLEMNIZATION of marriage See

SPEAKER—

of Senate, 119.

of Commons, 127.

deputy, 128.

in United States, 127.

STAMP ACTS, 259.

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Marriage."

STATUTES-See "Imperial Acts," etc.

STOCK, bank, contracts as to, 271.

SUMMONS, to senators, 115-6.

House of Commons, 115-6, 121.

SUNDAY-See Sabbath."

SUPERIOR COURTS-See "Courts."

SUPREMACY of law, 18.

Imperial parliament, 25, 155.

and see "Parliament."

66

SUPREME COURT of Canada-See Courts."

provincial Acts cannot curtail right of appeal to, 310.

SUPERVENTION of federal Acts upon provincial-See "Ancilliary,"
Concurrent."

66

T.

TAXATION-

federal powers, 206.

provincial powers, 206, 251 et seq.
direct taxation only? 257.

in United States, 255.

license fees, 266.

municipal taxes, 252.

tax on banks, 202, 217.

on property without the province, 256.

on persons without the province, 256.
of federal officers, 209.

uniformity, 59, 257.

"maintenance," 257.

instances of valid Acts, 259.

bonus to federal railway, 275.

in old colonies, 10 et seq.

uniformity not essential, 59, 257.
double, 207.

TEMPERANCE-See "Liquor Traffic."

TENURE of office, 12.

TERRITORIAL operation of statutes-See "Extra-Territorial."
TIMBER, sale of provincial, export forbidden, 199, 206, 262.

IRES, width of, 204.

THREE-MILES-FROM-SHORE limit, 63.

TITLE, defect in, through non-observance of federal law, 288.

TITLES OF HONOR, 83.

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

local regulation of particular, not within No. 2 of sec. 91, 203
et seq., 289, 314.

within No. 16 of sec. 92, 314-5.

or No. 9 of sec. 92, 204, 259, 266, 314-5.

TREATY obligations, 94, 345.

"TRUSTS" affecting public laws (sec. 109), 335.

U.

ULTRA VIRES legislation a nullity, 188.
UNIFORMITY in civil laws, 324.

in taxation, 59.

UNION ACT, 1840-4, 101, 133.

(England and Scotland), 70.

UNITED STATES-

constitution of, compared with Canadian, 16 et seq.-(Chap. II.).
decisions of United States courts in constitutional cases, 73, 173.
direct taxes in, 255 (n).

Senate of, compared with Canadian, 111.

V.

VALIDITY-See " Legislative Competence."

VESTED RIGHTS, Acts interfering with, 59.

VETO-See "Disallowance."

VICEROY, application of term to colonial governor, 91.
to Governor-General and Lieutenant-Governor, 91, 140.
VOTERS-See

VOTING-

66

Elections."

in Senate, 119, 128.

in Commons, 128.

in Quebec Legislative Council, 128.

in provincial assemblies, 128.

W.

WAREHOUSE RECEIPTS, 217-See "Banks."

WATER RATES, public buildings, 339.

"WHOLESALE," 204, 259.

WINDING-UP ACTS-See "Bankruptcy."

Imperial Acts, how far of colonial operation, 34.
federal, 280.

provincial, 280.

forced commutation, 315.

WITNESSES-See

66 Evidence."

WORKMEN'S COMPENSATION ACTS, as affecting federal works

and undertakings, 269.

railways, 269, 272.

CAN. CON.-29

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