Sir W. J. C.J.-I agree with the court below that the plaintiffs in this case and in that
'Waddington against the same defendants have shown no claim whatever to the lands in question in this case, and thaf the -decision of the trial judge and that
YOL. XX.]
of the full court were correct and the actions were properly dismissed.
STRONG J.-I intimated at the conclusion of the argument of this case that the appeal should be dismissed, and on considering the case since I adhere to that opinion.
FOURNIER J. concurred in the appeal being dismissed.
GWYNNE J.-These appeals must, in my opinion, be dismissed.
I cannot entertain a doubt that the Dominion Government, as trustees for the Esquimalt and Nanaimo Railway Company, took the lands vested in them by the provincial act, 47 Vic. ch. 14, in the character in which those lands then were, namely, as lands set apart for suburban park lots of from to 5 acres each, and that such lands were not open for settlement as agricultural lands, nor did they become so by anything which took place subsequently. It is also, in my opinion, free from doubt that when the Dominion act, 47 Vic. ch. placed the lands vested the Dominion Government by the provincial act.in the hands of the Provincial Government, as agents of the Dominion, for purposes of settlement, the effect and intent of the Dominion act was to place the lands for disposition under the laws of the province, and that no claim against the railway company could be maintained, except in right of a title, which would have been good against the Provincial Government, under the laws of the province, if the lands had not become the property of the railway company. The evidence clearly shows that the lands were never open for settlement by actual settlers as agricultural lands at all, and that the plaintiffs did not enter upon the lands as actual settlers upo ing themselves entitled to of the laws in force in the trary that they entered a to them, that the lands w as agricultural lands, or s to acquire any claim by po concurred
Solicitor for appellants :
Solicitor for respondents
COURT OF n agricultural lands, believacquire 160 acres in virtue province, but on the congainst express notice given ere not open for settlement o as to enable the plaintiffs ssession.
Appeals dismissed with S. Perry Mills.