...of subjects next hereinafter enumerated ; that is to say, — " 13. Property and civil rights. " 14. The administration of justice in the province, including the constitution, maintenance and organisation of provincial Courts, both of civil and of criminal jurisdiction, and including procedure...

...British North American Act, which among others gives power to such Local Legislatures to make laws for " The administration of Justice in the Province, including...Courts, both of civil and criminal jurisdiction," the question arises, can any of the Judges of the former Court of Chancery who have not been invested...

...that "In each Province the Legislature may exclusively make laws in relation to * * * [sub-sec. 14] the administration of justice in the Province, including...provincial courts, both of civil and criminal jurisdiction, andjncluding procedure in civil matters in these courts." By sec. 96. " The Governor-General shall...

...read in connection with that the provision which your Lordships find in section 92, subsection 14, "The administration of justice in the Province, including the constitution, maintenance and organi2ation of Provincial Courts, both of civil and criminal jurisdiction, and including procedure...

...in a number of classes of subjects ; among them " Property and Civil Rights in the Province," and " the Administration of Justice in the Province, including...including procedure in civil matters in those Courts." Section 136 of the Insolvent Act does unquestionably touch and affect "Property and Civil Rights,"...

...the vesting in the Local Legislature of the Province the exclusive power to make laws in relation to the administration of justice in the Province, including...Provincial Courts, both of civil and criminal jurisdiction, it was conceived the power to pass such a law must rest exclusively with the Local Legislature. The...

...12. The solemnization of marriage in the Province. 13. Property and civil rights in the Province. 14. The administration of Justice in' the Province, including...organization of Provincial Courts, both of Civil and of Criminal Jurisdiction, and including procedure in civil matters in those Courts. 15. The imposition...

...seemed to attend the working of the Act, is that by the British North America Act the constitution and organization of provincial courts, both of civil...including procedure in civil matters in those courts, is a function of the provincial legislature. There is no a priori presumption that the Parliament of...

...Local Legislatures to which were committed the right to deal with "civil rights in the Province," and "the administration of justice in the Province, including...maintenance and organization of Provincial Courts." To determine the point, it becomes necessary, first, to ascertain the true meaning of the two sub-sects....

...comes in : — "Under the British North America Act the administration of justice in the Provinces, and the constitution, maintenance and organization of...Provincial Courts, both of civil and criminal jurisdiction, are placed within the legislative authority of Provincial legislation, and it has always been considered...