Page:The Green Bag (1889–1914), Volume 02.pdf/278

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The Supreme Court of Canada. federal court created under the provision of the British North America Act before cited, unless we include, as perhaps ought to be done, the court for the trial of contro verted elections for the House of Commons of Canada, the Parliament of Canada by

pointed originally in connection with the provincial courts — the duty of administering laws passed by the Dominion, although re lating solely, as did the election law, to Do minion matters. This principle would seem to extend to the jurisdiction conferred on

THE LATE HON. WILLIAM ALEXANDER HENRY. statute having imposed this duty upon the existing provincial judges, thereby creating them, as was held by the Judicial Committee of the Privy Council, a Dominion Court for such purposes. The case referred to deter mined the important principle that the Do minion has a right to impose upon judges of Provincial Courts — that is, the judges ap-

the provincial courts in bankruptcy and in solvency and other matters over which the Parliament of Canada has exclusive legisla tive authority. For the Maritime Court of Ontario the Dominion has utilized in this way the county-court judges in the districts bordering on the lakes. When a case originates in a Superior