Reports of Cases Determined in the Appeal and Chancery Divisions and Selected Cases in the King's Bench and at Chambers of the Supreme Court of New Brunswick: With Tables of the Names of Cases Decided and Names of the Cases Cited and a Digest of the Principal Matters, Volume 17New Brunswick. Supreme Court, Ward Chipman, Sir John Campbell Allen, Allen Otty Earle, Thomas Carleton Allen, George F. S. Berton, David Shank Kerr, George B. Seely, James Hannay, William Pugsley, Arthur I. Trueman, George Wheelock Burbidge, George W. Allen, John L. Carleton, William Henry Harrison, Douglas King Hazen, Ernest Doiron Carswell, 1879 - Law reports, digests, etc |
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Page 355 - The administration of Justice in the Province, including the constitution, maintenance and organization of Provincial Courts, both of civil and of criminal jurisdiction, and including procedure in civil matters in these Courts." The Legislature have enacted the law which gives the Governor in Council the appointment of the Commissioner, and if this is
Page 358 - appointed by the Provincial Government. As to the first ground, under the head of " Exclusive Powers of Provincial Legislatures." the 92nd section enacts as follows : "In each Province the Legislature may exclusively make laws in relation to matters coming within the classes of subjects next hereinafter enumerated, that is to say: (Then follows a
Page 161 - 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 subjects next hereinafter enumerated.
Page 628 - Province including the constitution, maintenance and organization of Provincial Courts, both of civil and criminal jurisdiction, and including procedure in civil matters in those Courts." (15) " The imposition of punishment by tine, 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 161 - matter coming within any of the classes of subjects " enumerated in this section, shall not be deemed to come with" in the class of matters of a local or private nature comprised
Page 358 - The administration of justice in the province, including the constitution, maintenance and organization of Provincial Courts, both of civil and of criminal jurisdiction, and including procedure in civil matters in those" Courts.
Page 598 - a verdict accordingly, the Court refused to disturb the verdict. Trespass tried at the York sittings before Mr. Justice Wetmore. The facts of the case are fully set out in the judgment of the Court. Oct. Oth, 1877. GF Gregory moved for a new trial on the grounds that there was no evidence, to
Page 344 - maintenance and organization of Provincial Courts, both of civil and criminal jurisdiction, and including procedure in civil matters in those Courts. That this did not give the Executive the power of appointing Judges in those Courts, which power was reserved to the
Page 359 - The Governor General shall appoint the Judges of the Superior, District and County Courts in each province, except those of the Courts of Probate in Nova Scotia and New Brunswick." It was contended, that according to the maxim
Page 300 - ceeding, is charged with the commission of any indictable offence, or any offence punishable on summary conviction, competent or compellable to give evidence for or against himself, or shall render any person compellable to answer any question intended to criminate himself." It will scarcely be contended that the breach of the bye-law in question was an indictable