Reports of the Supreme Court of Canada Volume 5

Reports of the Supreme Court of Canada Volume 5

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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. 1882 edition. Excerpt: ...alleging that from the proceedings set out therein, namely, the complaint, summons, conviction and arrest, and the plaintiff having no goods and chattels whereon to levy the fine or penalty, the defendant was warranted in his proceedings, and the declaration disclosed no cause of action against the defendant as such Police Magistrate. The plaintiff joined in demurrer, and contended that the Act of Assembly under which said by-law was made was ultra vires the Legislature, and also that the by-law or ordinance of the Mayor, &c., was void in law, and therefore the defendant acted withoutjurisdiction, and the proceedings could not be sustained. In 'h'inity Term last, the Second Division of the Supreme Court, consisting of Judges Weldon, Fisher and Wetnwre, gave judgment for the defendant on the demurrer. The Acts of the Legislature of New Brunswick and the by-law or ordinance in dispute in this case are referred and set out at length in the judgment oi' Court hereinafter given. As the Court held that it was not necessary to enter into the question raised whether the Act 83 Vic., ch. 4, N. B., is or not ultra vires of the provincial Legislature, nor the question whether or not a commercial traveller is a person within the operation of the Act, the elaborate arguments of counsel on these points are omitted. Mr. Bethune, Q. C., and Mr. JR-Laren, for appellant I The Common Council have no power in reference to matters of trade to discriminate against non-residents; if such Council has the power to compel persons doing business in the City of Saint John to take out a license they must take the same license fee payable by nonresidents as by residents. The charter gave no power to the Common Council to distinguish between residents more

Product details

  • Paperback | 226 pages
  • 189 x 246 x 12mm | 413g
  • United States
  • English
  • black & white illustrations
  • 1236887662
  • 9781236887665