The Law Quarterly Review, Volume 4 |
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Contents
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Common terms and phrases
according action appears applied authority become Bill called charge Civil claim common consideration considered Constitution contract Council course Court Crown deal death decided decision Dominion doubt duty edition effect England English enter escheat evidence existence fact favour force foreign give given Government grant hand held House important interest judge judgment jurisdiction Justice land legislation legislature less liability limits London Lord matter means nature necessary Notes notice object opinion original owner parties passed person Philosophy of Law police possession practice present principle probably protection province provisions question reason received reference regard relating Reports respect result rule seems ship statute taken tenant term things tion whole
Popular passages
Page 152 - Professor of Public Law and of the Law of Nature and Nations in the University of Edinburgh.
Page 407 - There is no position which depends on clearer principles than that every act of a delegated authority contrary to the tenor of the commission under which it is exercised is void. No legislative act, therefore, contrary to the Constitution, can be valid.
Page 407 - The interpretation of the laws is the proper and peculiar province of the courts. A constitution is in fact, and must be, regarded by the judges as a fundamental law. It therefore belongs to them to ascertain its meaning as well as the meaning of any particular act proceeding from the legislative body.
Page 189 - It shall be lawful for the Queen, by and with the Advice and Consent of the Senate and House of Commons, to make Laws for the Peace, Order, and good Government of Canada, in relation to all Matters not coming within the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces...
Page 460 - ... which are to be separately paid for, and the seller makes defective deliveries in respect of one or more instalments...
Page 227 - An alien to whom a certificate of naturalization is granted shall in the United Kingdom be entitled to all political and other rights, powers, and privileges, and be subject to all obligations, to which a natural born British subject is entitled or subject in the United Kingdom...
Page 407 - Some perplexity respecting the rights of the Courts to pronounce Legislative acts void, because contrary to the Constitution, has arisen from an imagination that the doctrine would imply a superiority of the Judiciary to the Legislative power. It is urged that the authority which can declare the acts of another void, must necessarily be superior to the one whose acts may be declared void.
Page 226 - Kingdom, with this qualification, that he shall not, when within the limits of the foreign State of which he was a subject previously to obtaining his certificate of naturalization, be deemed to be a British subject unless he has ceased to be a subject of that State in pursuance of the laws thereof, or in pursuance of a treaty to that effect.
Page 194 - Province. 99. The Judges of the Superior Courts shall hold office during good behaviour, but shall be removable by the Governor General on Address of the Senate and House of Commons. 100. The salaries, allowances, and pensions of the Judges of the Superior, District, and County Courts (except the Courts of Probate in Nova Scotia and New Brunswick), and of the Admiralty Courts in cases where the Judges thereof are, for the time being, paid by salary, shall be fixed and provided by the Parliament of...
Page 310 - ... a receiver of railroad property pending proceedings for foreclosure, the court, in the exercise of a sound judicial discretion, may, as a condition of Issuing the necessary order, impose such terms in reference to the payment from the income during the receivership of outstanding debts for labor, supplies, equipment, or permanent improvement of the mortgaged property as may, under the circumstances of the particular case, appear to be reasonable.