Canadian Reports; Appeal Cases. Appeals Allowed or Refused by the Judicial Committee of the Privy Council on Appeal from the Dominion of Canada ... Volume 2

Canadian Reports; Appeal Cases. Appeals Allowed or Refused by the Judicial Committee of the Privy Council on Appeal from the Dominion of Canada ... Volume 2

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1913 edition. Excerpt: ... Railway C0-C-R I906 A.C. 342, was invoked to suPP1't in 2 A.C. Judgment of Supreme Court of Canada. the proposition that the construction of the Don branch of the Ontario and Quebec Railway, by the Canadian Pacific Railway Co. as the lessee of that railway efiectually and legally.obstructed and put an end to any rights of passage previously and at the time existing across the lands or waters on and over which such branch was built. For my part I am quite unable to see how, the decision in that case applies to the one we have now before us. In the British Columbia case above cited the judicial Committee held that the special Act authorizing the construction of the Canadian Pacific Railway authorized the taking by the railway 'company of all Crown lands provincial as well as Dominion necessary for the undertaking; that a proper construction of sections 91 and 92 of the British North America Act authorized the Dominion Parliament to dispose of provincial Crown lands for the purposes of this interprovincial railway; that the Dominion Government had issued a Crown grant to the Canadian Pacific Railway Co. under section 18 (a) of their incorporating Act including all the foreshore in question at the street ends; that apart from this the foreshore in question being found as a fact to be a part of the harbour of Vancouver was clearly subject to Dominion legislation; that section 18 of the Canadian Pacific Railway Act gave the necessary authority to the company to take the foreshore there in dispute for the purposes of the railway; that the company had properly exercised the powers so Elven to them and appropriated the foreshore; and that Such-appropriation of necessity included the right to obstruct any rights of passage previously...show more

Product details

  • Paperback | 162 pages
  • 189 x 246 x 9mm | 299g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236783107
  • 9781236783103