The Legal News, Volume 5James Kirby R. White, 1882 |
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action alleged appellant authority Bank biens bill of lading Canada cause charge civil classes of subjects Code common law Company Considérant contract conviction corporation costs Cour COURT OF QUEEN'S COURT OF REVIEW creditor criminal CURIAM damages decision declared deed defendant défendeur demanderesse demandeur dite Dominion Parliament DORION droit effect enacted été être evidence fact fait habeas corpus held hypothec insolvent issue judges judgment judicial juge jurisdiction jury Lefaivre legislation Legislature liable Lord Lower Canada marriage matter ment Montreal Montreal Telegraph Company offence Ontario opinion Parliament of Canada parties payment person petition petitioner peut plaintiff plea pleaded principle prisoner Privy Council Prothonotary proved Province of Quebec punishment qu'il Queen's Bench question RAMSAY reason respondent Rickerby rule statute Superior Court Supreme Court tion TORRANCE trial ultra vires Vict wife words writ
Popular passages
Page 9 - ... to establish a defense on the ground of insanity it must be clearly proved that, at the time of the committing of the act, the party accused was laboring under such a defect of reason from disease of the mind as not to know the nature and quality of the act he was doing, or, if he did know it, that he did not know he was doing what was wrong.
Page 46 - Local Works and Undertakings other than such as are of the following Classes : (a) Lines of Steam or other Ships, Railways, Canals, Telegraphs, and other Works and Undertakings connecting the Province with any other or others of the Provinces, or extending beyond the Limits of the Province.
Page 28 - In performing this difficult duty, it will be a wise course for those on whom it is thrown, to decide each case which arises as best they can, without entering more largely upon an interpretation of the statute than is necessary for the decision of the particular question in hand.
Page 191 - Les fonds inférieurs sont assujettis envers ceux qui sont plus élevés, à recevoir les eaux qui en découlent naturellement sans que la main de l'homme y ait contribué. Le propriétaire inférieur ne peut point élever de digue qui empêche cet écoulement. Le propriétaire supérieur ne peut rien faire qui aggrave la servitude du fonds inférieur.
Page 27 - 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; and for greater Certainty, but not so as to restrict the Generality of the foregoing Terms of this Section, it is hereby declared that (notwithstanding anything in this Act) the exclusive Legislative Authority of the Parliament of Canada extends...
Page 62 - The Establishment, Maintenance, and Management of Public and Reformatory Prisons in and for the Province. 7. The Establishment, Maintenance, and Management of Hospitals, Asylums, Charities, and Eleemosynary Institutions in and for the Province, other than Marine Hospitals.
Page 27 - 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; and for greater certainty, but not so as to restrict the Generality of the foregoing Terms of this Section, it is hereby declared that (notwithstanding anything in this Act) the exclusive Legislative Authority of the Parliament of Canada extends to all Matters coming within the Classes of...
Page 15 - That principle is that, •where a corporation, like a railroad company, has granted to it by charter a franchise intended in large measure to be exercised for the public good, the due performance of those functions being the consideration of the public grant, any contract which disables the corporation from performing those functions, which undertakes, without the •consent of the State, to transfer to others the rights and powers conferred by the charter, and to relieve the grantees of the burden...
Page 30 - Construing therefore the words " regulation of trade and commerce " by the various aids to their interpretation above suggested, they would include political arrangements in legard to trade requiring the sanction of Parliament, regulation of trade in matters of inter-provincial concern, and it may be that they would include general regulation of trade affecting the whole Dominion.
Page 235 - ... by himself, his clerk, servant, or agent, expose or keep for sale, or directly or indirectly, on any pretence or upon any device, sell or barter, or in consideration of the purchase of any other property give, to any other person, any spirituous or other intoxicating liquor, or any mixed liquor, capable of being used as a beverage, and part of which is spirituous or otherwise intoxicating.