The Lower Canada Jurist, Volume 3

Strachan Bethune, John Sprott Archibald, Edmond Lareau, John Stuart Buchan
J. Lovell, 1860
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"A view of the civil government and administration of justice in the province of Canada while it was subject to the crown of France," by William Hey: 48 p. at end of v. 1.

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Page 32 - Canada for the time being and all other persons whom it may concern are to take notice and govern themselves accordingly.
Page 254 - No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act.
Page 265 - Britain; and that in all Matters of Controversy, relative to Property and Civil Rights, Resort shall be had to the laws of Canada, as the rule for the Decision of the same...
Page 254 - ... the Court says he has no right to be assisted. It is upon that ground the Court goes; not for the sake of the defendant, but because they will not lend their aid to such a plaintiff.
Page 254 - For no country ever takes notice of the revenue laws of another. " <The objection, that a contract is immoral or illegal as between plaintiff and defendant, sounds at all times very ill in the mouth of the defendant. It is not for his sake, however, that the objection is ever allowed; but it is founded in general principles of policy, which the defendant has the advantage of, contrary to the real justice, as between him and the plaintiff, by accident, if I may so say. The principle of public policy...
Page 265 - ... thousand persons professing the religion of the church of Rome, and enjoying an established form of constitution and system of laws, by which their persons and property had been protected, governed, and ordered, for a long series of years, from the first establishment of the said province of Canada...
Page 264 - Royal protection for the enjoyment of the benefit of the laws of our realm of England : for which purpose we have given power under our Great Seal to the Governors of our said colonies respectively, to erect and constitute, with the advice of our said Councils respectively, Courts of judicature and public justice...
Page 264 - Proclamation, that we have in the letters patent under our Great Seal of Great Britain, by which the said Governments are constituted, given express power and direction to our governors of our said colonies respectively, that so soon as the state and circumstances of the said colonies will admit thereof, they shall, with the advice and consent of the members of our Council, summon and call general assemblies...
Page 270 - ... violated, that sense of justice and of right which is acknowledged and felt by the whole civilized world would be outraged, if private property should be generally confiscated, and private rights annulled. The people change their allegiance, their relation to their ancient sovereign is dissolved, but their relations to each other, and their rights of property, remain undisturbed.
Page 254 - Motive is not the same thing with consideration. Consideration means something which is of some value in the eye of the law, moving from the plaintiff...

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