 | John Robison Cartwright - Law reports, digests, etc - 1892 - 798 pages
...the Crown at the time of the union. But that was not the character of the Indian interest. The Crown has all along had a present proprietary estate in the land, upon which the 1888 Indian title was a mere burden. The ceded territory ST. CATHE- wa* at the time of the union, land... | |
 | Law - 1889 - 670 pages
...absolved from blame. BNA ACT, s. 109 — INDIAN RESERVATION— RELATIVE RIGHTS OF DOMINION AND PROVINCE. which the Indian title was a mere burden." The ceded...of the Province in the same," within the meaning of sect. 109 (of the BNA Act) and must now belong to Ontario in terms of that clause." With regard to... | |
 | William Houston - Canada - 1891 - 370 pages
...was a personal and usufructuary right, dependent on the good will of the Sovereign," and " the Crown has all along had a present proprietary estate in...upon which the Indian title was a mere burden." The theory on which the British colonists in America acted is lucidly stated in a formal opinion given... | |
 | Jean Joseph Beauchamp, Great Britain. Privy Council - Civil law Canada - 1891 - 946 pages
...•were thereby, and at the time of the union, vested in the crown, subject to the title, which was " an interest other than that of the Province in the same," within the meaning of sect. 109 of the British North America Act, 1867. 39. And also, that by force of the said surrender... | |
 | Augustus Henry Frazer Lefroy - Canada - 1897 - 936 pages
...Dominion province held them subject to the usufruct or enjoyr.ient of the Indians, powers over being an interest other than that of the province in the same within Indians. (ne mean ;ng of section 109 above referred to, and that it pertained to the Dominion government... | |
 | Augustus Henry Frazer Lefroy - Canada - 1898 - 930 pages
...such Indian Nature of lands being, before surrender, vested in the Crown subject to 'an Indian title, interest other than that of the province in the same,' within the meaning of section 109 of the British North America Act, the tenure of the Indians, however, being only a personal and usufructuary... | |
 | Albert Richard Hassard - Law - 1900 - 200 pages
...only a personal right, depending on the good-will of the Sovereign. (2) That the Crown had all along a present proprietary estate in the land, upon which the Indian title was a mere burden. 3 A supplementary Act was passed in 1774 (14 Geo. III., c. 88), which established a fund for defraying... | |
 | John George Bourinot - Canada - 1901 - 268 pages
...thereby, and at the time of the union, vested in the Crown, subject to the Indian title, which was "an interest other than that of the province in the same," within the meaning of section 109. Their lordships also held that by force of the surrender in 1873 the entire beneficial interest in... | |
 | Appellate procedure - 1904 - 920 pages
...increased annuities had not the etlect of burdening the lands with a " trust in respect thereof " or . "an interest other than that of the province in the same.*' within the meaning of said a. IK', and therefore Ontario held the lands free from any trust or interest, and was not solely... | |
 | Great Britain. Privy Council. Judicial Committee - Canada - 1908 - 306 pages
...surrendered or otherwise extinguished.' His Lordship continuing, pp. 58-60, said : — ' The Crown has all along had a present proprietary estate in...Crown, subject to ' an interest other than that of thjb province in the same,' within the meaning of s. 109 ; and must now belong to Ontario in terms... | |
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The ceded territory was at the time of the union, land vested in the Crown, subject to "an interest other than that of the Province in the same, 
