The Territories Law Reports: Containing Reports of Cases Decided in the Supreme Court of the North-west Territories : Including Revised Reports of All Cases Hitherto Reported in "The North-west Territories Reports" ... [1885-1907], Volume 5
Northwest Territories. Supreme Court, Nicholas DuBois Dominic Beck, Thomas Dowrick Brown, Oliver Mowat Biggar
Carswell, 1906 - Law reports, digests, etc
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action Advocate affidavit agent agreed agreement alleged amendment amount appeal application assessment assignment authority bill of lading bushels by-law Calgary Canadian Pacific Railway charge clause contention contract conviction corporation costs counsel counterclaim creditors deceased defendant company defendant's Demaurez Dominion Edmonton entitled evidence execution exempt fact farmer fendant grain grant ground held intended issue Judgment Judicature Ordinance jury Justice L. J. Ch lease legislation liable lien Manitoba McGuire ment Morinville mortgage municipal North-West Territories North-West Territories Act notice objection offence opera opinion option paid paid into Court party payment performance person Pirates of Penzance plaintiff provisions purchase question railway ratepayers reason referred Regina respect respondent rule Sarvis School District Scott Separate School sheriff Sintaluta sold statement of claim taxation taxes therein thereof threshed tiff tion town trial Judge ultra vires Wetmore writ writ of summons
Page 237 - The Imposition of Punishment by Fine, Penalty,. or Imprisonment for enforcing any Law of the Province made in relation to any Matter coming within any of the Classes of Subjects enumerated in this Section.
Page 142 - If the person sought to be taxed comes within the letter of the law he must be taxed, however great the hardship may appear to the judicial mind to be. On the other hand, if the Crown, seeking to recover the tax, cannot bring the subject within the letter of the law, the subject is free, however apparently within the spirit of the law the case might otherwise appear to be.
Page 142 - ... if the Crown, seeking to recover the tax, cannot bring the subject within the letter of the law, the subject is free, however apparently within the spirit of the law the case might otherwise appear to be. In other words, if there be admissible in any statute what is called an equitable construction, certainly such a construction is not admissible in a taxing statute, where you can simply adhere to the words of the statute.
Page 312 - ... as to costs only, which by law are left to the discretion of the court.
Page 129 - First, that the damages shall be such as must have been fairly within the contemplation of the parties to the contract at the time it was made...
Page 69 - When the legislature has given its attention to a separate subject, and made provision for it, the presumption is that a subsequent general enactment is not intended to interfere with the special provision unless it manifests that intention very clearly. Each enactment must be construed in that respect according to its own subject-matter and its own terms.
Page 133 - The Canadian Pacific Railway, and all stations and station grounds, work shops, buildings, yards and other property, rolling stock and appurtenances required and used for the construction and working thereof, and the capital stock of the Company, shall be forever free from taxation by the Dominion, or by any Province hereafter to be established, or by any Municipal Corporation therein...
Page 309 - Any person not a defendant to the action, who is served with a defence and counter-claim as aforesaid, must appear thereto as if he had been served with a writ of summons to appear in an action.
Page 426 - ... and for the working of the traffic over the said railways respectively, or for either of those objects separately, and for the division and apportionment of tolls, rates, and charges in respect of such traffic, and generally in relation to the management and working of the railways...