could only be changed by consent of the municipalities interested; and that it did not provide for the continued liability of the municipalities detached for debts previously incurred.
The motion to quash was made before Mr. Justice Robertson, who dismissed it with costs, and his decision was affirmed by the Court of Appeal.
After hearing counsel for the respective parties the Supreme Court dismissed the appeal without reserving judgment.
Tremear and Macdonald for the appellant.
Glenn for the respondent.
GIBSON v. THE TOWNSHIP OF NORTH EASTHOPE.
APPEAL from a decision of the Court of Appeal for Ontario reversing the judgment of the Divisional Court and restoring that of the trial judge in favour of the corporation.
The action was brought by Gibson to have a by-law of the corporation quashed, or, in the alternative, for damages for injury to his property, resulting from improper construction and want of repair of a drain made under said by-law. The ground upon which said by-law was attacked was that the plaintiff had withdrawn from the petition and there were not sufficient names on it without him.
The trial judge held that plaintiff had not withdrawn from the petition, and refused to quash the