La Revue critique de législation et de jurisprudence du Canada, Volume 1Dawson Brothers, 1871 - Jurisprudence |
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Page 82
... Constitution de 1791 : " The Legislature of Lower Canada , " disaient en 1838 le Pro- cureur - Général Sir John Campbell et le Soliciteur - Général Sir R. M. Rolfe , as constituted by 31 Geo . 3 , c . 31 , had conferred upon it a ...
... Constitution de 1791 : " The Legislature of Lower Canada , " disaient en 1838 le Pro- cureur - Général Sir John Campbell et le Soliciteur - Général Sir R. M. Rolfe , as constituted by 31 Geo . 3 , c . 31 , had conferred upon it a ...
Page 83
... Constitution , pour nous servir des termes de Wheaton , " in such a manner as materially to abridge both its internal and external sovereignty , " la Répub- lique des Iles Ioniennes était regardée par les nations comme un Etat mi ...
... Constitution , pour nous servir des termes de Wheaton , " in such a manner as materially to abridge both its internal and external sovereignty , " la Répub- lique des Iles Ioniennes était regardée par les nations comme un Etat mi ...
Page 106
... constitution of Courts of Crim- inal jurisdiction , but including the procedure in criminal matters . " We have italicized the words above quoted in order to show the force of the objection , that as respects the civil jurisdiction of ...
... constitution of Courts of Crim- inal jurisdiction , but including the procedure in criminal matters . " We have italicized the words above quoted in order to show the force of the objection , that as respects the civil jurisdiction of ...
Page 114
... constitution and the Sovereign of the country were what the judges had to regard , and when His Honor found that in this petition the substance of it was to accuse the judges , in the first instance of treason , and in the second ...
... constitution and the Sovereign of the country were what the judges had to regard , and when His Honor found that in this petition the substance of it was to accuse the judges , in the first instance of treason , and in the second ...
Page 117
... of Insolvency . There was rendered by the Circuit Court , Mr. Justice Torrance sitting , on the 30th November last , a judgment of considerable importance , inasmuch as it involved the question of the CONSTITUTIONAL QUESTION . 117.
... of Insolvency . There was rendered by the Circuit Court , Mr. Justice Torrance sitting , on the 30th November last , a judgment of considerable importance , inasmuch as it involved the question of the CONSTITUTIONAL QUESTION . 117.
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Common terms and phrases
action Alabama claims American appel arbitres Arrêt authority autres avoir Badgley bien Britain Britannic Majesty British Brunswick c'est Canadian canals Caron cession civil claim Code colony Commissioners common law Conseil constitution contract contre Cour Court créancier Crown d'appel d'une débiteur debtor debts declared deux doit domicile Dominion droit international Duval equity États été être exist fait faut fish Fisheries foreign France Government guerre Insolvent intérêts joint Judge judgment juge jugement jurisdiction jurisprudence jury justice l'acte law of France Lawrence Legislature lex domicilii lex fori Lord Lower Canada Majesty's Government matière ment Montreal n'est Napoleon code nations navigation Nova Scotia obligation Ontario Parlement Parliament parties partnership person peut pouvoir prescription principles Privé Provinces provisions puissance qu'il qu'une Quebec question river Roman Roman law rules s'il separate creditors serait statute territory tion tout traités Treaty tribunaux United Upper Canada vessels
Popular passages
Page 63 - British fishermen shall use (but not to dry or cure the same on that istand,) and also on the coasts, bays, and creeks of all other of His Britannic Majesty's dominions in America ; and that the American fishermen shall have liberty to dry and cure fish in any of the unsettled bays, harbours, and creeks of Nova Scotia, Magdalen Islands, and Labrador, so long as the same shall remain unsettled...
Page 57 - Parties, that the Inhabitants of the said United States shall have forever, in common with the Subjects of His Britannic Majesty, the Liberty to take Fish of every kind...
Page 268 - If then the courts are to regard the Constitution, and the Constitution is superior to any ordinary act of the legislature, the Constitution and not such ordinary act must govern the case to which they both apply.
Page 311 - First, to use due diligence to prevent the fitting out, arming, or equipping, within its jurisdiction, of any vessel which it has reasonable ground to believe is intended to cruise or to carry on war against a power with which it is at peace ; and also to use like diligence to prevent the departure from its jurisdiction of any vessel intended to cruise or carry on war as above, such vessel having been specially adapted, in whole or in part, within such jurisdiction, to warlike use.
Page 63 - States shall continue to enjoy unmolested the right to take fish of every kind on the Grand Bank, and on all the other banks of Newfoundland ; also in the Gulph of St. Lawrence, and at all other places in the sea, where the inhabitants of both countries used at any time heretofore to fish...
Page 57 - Labrador ; but so soon as the same, or any portion thereof, shall be settled, it shall not be lawful for the said Fishermen to dry or cure fish at such portion so settled, without previous agreement for such purpose, with the Inhabitants, Proprietors or Possessors of the ground.
Page 328 - ... further until the expiration of two years after either of the High Contracting Parties shall have' given notice to the other of its wish to terminate the same...
Page 39 - Majesty, the Liberty to take Fish of every kind on that part of the Southern Coast of Newfoundland which extends from Cape Ray to the Rameau Islands, on the Western and Northern Coast of Newfoundland, from the said Cape Ray to the Quirpon Islands, on the shores of the Magdalen Islands, and, also on the Coasts, Bays, Harbours, and Creeks from Mount Joly on the Southern Coast of Labrador...
Page 20 - ... equip, furnish, fit out, or arm, or procure to be equipped, furnished, fitted out, or armed, or shall knowingly aid, assist, or be concerned in the equipping, furnishing, fitting out or arming of any ship or vessel, with intent or in order that such ship or vessel shall be employed in the service...
Page 268 - Those, then, who controvert the principle that the constitution is to be considered in court as a paramount law, are reduced to the necessity of maintaining that courts must close their eyes on the constitution and see only the law. This doctrine would subvert the very foundation of all written constitutions. It would declare that an act which, according to the principles and theory of our government, is entirely void, is yet, in practice, completely obligatory.