Majority
affirmed. The plaintiffs then appealed to the Supreme Court of Canada.
After hearing counsel for the parties the court reserved judgment and, on a subsequent day, dismissed the appeal with costs for the reasons given in the court below.
Garrow K.C. for the appellants.
Davis K.C. and Macdonald E.C. for the respondents. TUCKER v. THE KING.
APPEAL from the judgment of the Exchequer Court of Canada (1) by which a demurrer to the suppliant's petition of right was maintained and the petition of right dismissed with costs.
The suppliant, an advocate of the Province of Quebec, claimed by his petition of right the payment of $800 for services rendered by him as a commissioner appointed under the Revised Statutes of Canada, chs. 114 and 115, to make inquiry and report upon misconduct of a servant or officer of the Crown, alleged to have been of a judicial as well as inquisitorial character, the duty he performed requiring a knowledge of law and the rules of evidence. suppliant claimed that his remuneration should be calculated and taxed according to the scale of fees allowed in similar matters for professional services by counsel or solicitors to clients.
The Crown demurred on the grounds that the petition of right did not allege, nor did the facts set out disclose, any contract between the suppliant and the Crown, either express or implied, or any other matter giving rise to any obligation or right of action against the Crown. The appeal was asserted by the suppliant against the judgment of the Exchequer Court (1), maintaining the demurrer and dismissing the petition of right with costs.
After hearing counsel for the parties the court reserved judgment and, on a subsequent day, the appeal was dismissed with costs, His Lordship the Chief Justice and Mr. Justice Girouard dissenting. There were no written notes of the reasons for :
Judgment of the Court
J.-I think that the decision of the Privy Council in The Queen v. Doutre (1) is in point. The appellant was not a public officer, he was an advocate of the Province of Quebec specially retained and commissioned to perform certain temporary duties in that province on behalf of the Crown which his professional attainments specially qualified him to discharge.
Can it be pretended that he would not be entitled to the quantum meruit of his services, if they had been rendered to a subject? Undoubtedly an action would lie in such a case.
An advocate requested by a subject to make an inquiry into a matter in which he may be interested, requiring professional skill and experience, has a right of action for the value of the I"
work accomplished by him, whether in or out of a court of.justice.
I cannot see how a distinction can be Girouard J made when the Crown is the client.
The Privy Council has held that none exists and I am not prepared to make one. In my opinion the appeal should be allowed with costs.
Appeal dismissed with costs. Leet K.C. for the appellant.
Newcombe KC. for the respondent.
ACCOUNT-Action for account-Agent's re- ACTION-Continued.
turns-Compromise-Subsequent discovery ol Appeal Ont. R. reversed, Davies error-Rectification-Prejudice.
]-P. was agent and JJ. dissenting.
to manage the wharf property and rethe rents and profits thereof, being paid by commission.
When his agency terminated -Pledge
-Deposit with Tender-Forjeiture W. was unable to obtain an account from him -Breach Contract-Municipal Corporationand brought an action therefor which was Right action-Damages-Compensation and promised P. paying giving cash of-Restitution thing pledged-Arts and a note for the balance and receiving an
0. 0.-Practice assignment all debts due to W. in respect to appeal-Irregular procedure.] on behalf the wharf property during his agency, list J. & contractors which which prepared at the time. Shortly was member, deposited money with fore the note became due P. discovered that, on the City Montreal guarantee the good one the accounts assigned to him, had ,faith J. & tendering to supply gas been paid and demanded credit on his note for for illuminating and other purposes to the city This W. refused, and in an action and general public within the city limits at ceron the note P. claimed that the error avoided rates, lower than those previously the compromise and that the note was without charged companies supplying such consideration or, in the alternative, that the Montreal, and for the due fulfilment the note should be rectified.
Held, affirming the firm's contract entered into according the judgment the Supreme Court Nova Scotia, tender.
After the construction works that as it appeared that P.'s attorney had and laying pipes in the public streets, J. knowledge the error before the compromise! & transferred their rights and privileges was effected, and the compromise, WV. under the contract to another company and was prevented from going fully into the accounts ceased operations.
The plaintiff, afterwards, and perhaps establishing greater liability on assignee demanded the return the the part P., was entitled to recover the posit, which was refused the city council full amount the note.
which assumed to forfeit the deposit and clare the same confiscated to the city for nonexecution J. & their contract. 2--Partnership-Acton pro socio-Procedure After the transfer, however, the companies sup. plying gas in the city reduced the rates to a price below that mentioned the tender far the city supply was affected, although the rates charged to citizens were higher than the price mentioned in the contract.
ACTION-Cancellation of contract-Fraud- the deposit made a pledge subject to the Misrepresentation - Life insurance - Wager provisions the sixteenth title the Civil policy--Endowment-14 c. 1, Lower Canada and which, the absence (Imp.)-Return of Premniunis.]-If the bene- any express stipulation, not retained ficiary life insurance policy has no interest the pledgee, and that, the city bad approin the life the insured, has effected the in- priated the thing pledged to its own withsurance for his own benefit and pays all the out authority, the security was gone the act premiums himself the policy is wagering the creditor and the debtor was entitled to policy and void under 1 its restitution although the obligation for which (Imp.)-The Act applies to an endowment as the security had been given had not well to an all policy.
Judgment the cuted.
cross-demand the defendant Court Appeal Ont. L. R. affirmed.for damages to be set-off compensation In action the company for cancellation against the plaintiff's claim; Held, that, the the policy under said Act return the city had not been obliged to pay rates premiums paid will not made condition those the contract, damage could obtaining cancellation.
Judgment the Court recovered respect to the obligation to 48J
ACTION- Continued.
supply the city; and that the breach contract in respect to supplying the public did not give the corporation any right action for damages suffered the citizens individually. Held, further, that prospective damages which might result from the occupation the city streets the pipes actually laid and abandoned were too remote and uncertain to be set-off in pensation the claim for the return the deposit.
3-Mines and minerals-Adverse Claims- Form plan and affidavit-Right of Action- Condition precedent-Necessity actual survey
-Blank injurat-R. S. B.
37-R. S. B. c. 16-61 V. c e. (B.C.
The plan required to be in an action to adverse mineral claim under the provisions section the " Mineral Act " British
Columbia, as amended section the
"Mineral Act Amendment Act, need not based an actual survey the location made the Provincial Land Surveyor who signstheplan. The filingof such planandtheaffidavit required under the said section, as amendnot condition precedent to the right the adverse claimant to proceed with his adverse action.
al. 655
4---Crown-Contract -Right of action-Public officer-Solicitor and client-R.S.C.
-Inquiry as public matters-Remuneration commissioner-Quantum meruit.
5--Money paid-Voluntary payment-Recovery for of creditors-Insolvency debtor-Action assignee-Status.
- 6--Staking mineral claims-Placer mining- Hydraulic concessians-Annulment of prior lease- Volunteer plaintiff-Right of action- Status of ad claimants-Trespass.
7--Contract correspondence-Post letter- Time limit-Term for delivery-Breach of tract-Damages-Counter claim- Condition precedent-Right of
ADMIRALTY
LAW-Collision-Ship at anchor-Anchor light-Look-out - Weight
-Oredibility-Findings of trial judge
-Negligence.]-DoMINIox
ADMIRALTY LAW-Continued. 2--Collision-Undue speed-Ship in default -Rul .16-Navigation during fog.]-SS. ADMISSIONS-Parol testimony--Commenceproof
AFFIDAVIT-Mines and minerals-Adverse claim-Fonm of affidavit-Right of action-Condition precedent-Blank in jurat-R.S s. 37-R.S.B.C. 16 (B.C.)-B.C. Supreme Court Rule 1890.]-The jurat to an davit filed pursuant to section the B.C. "Mineral Act " did not mention the date upon which the affidavit had been sworn. Held, that the absence the date was not a fatal defect, and that, even if it could be considered common law, such defect would be cured the ' British Columbia Oaths Act" and the British Columbia Supreme Court Rule AGENCY.
APPEAL-Jurisdiction-Controverted -Lost record-Substituted copy-Judgment preliminary objections-Discretton of court lozo.]-The record the case controverted election was produced the Supreme Court Canada an appeal against the judgment preliminary objections and re-transmission to the court below, the record was lost. Under the procedure in similar cases in the province where the petition was pending, a record was reconstructed in substitution the lost record, and upon verification as to its correctness, the court below ordered the substituted record to Thereupon, the respondent the court below raised preliminary objections traversing the correctness clause the substituted petition which was dismissed the judgment appealed from.
Held, that, as the judgment appealed from was not one upon question raised preliminary objections, nor a judgient upon the merits at the trial, the Supreme Court of Canada had no.jurisdiction to entertain the appeal, nor to revise the discretion the court below in ordering the substituted record to be 2- Controverted election -Trial of petition- Extension of time-Appeal-Jurisdiction.] 25th May, an order was made Mr. Justice Belanger for the trial the petition against the appellant's return as a member the House Commons for Beauharnois thirty days after judgment should given the Supreme Court an appeal then pending from the lecision preliminary objections to the petition. Such judgment was given on 29th APPEAL-Continued.
I APPEAL-Coninued.
October and on 19th November, application 'of Canada has jurisdiction to entertain the petitioner for instructions, another order appeal a suit ennui a prods-verbal estabwas made the said judge which decided that lishing public highway notwithstanding that juridical days only should be counted in the the prods-verbal question might puting the said thirty days, stating that involve an expenditure over was the meaning the order 25th May, hich the appellants' lands would liable that 6th December would the date trial. aszessment the municipal corporation. Duthe petition coming for trial on 6th De- -. The Village of Ste. Cai. S.C.R. cember appellant moved for peremption on the The City of Sherbrooke .cManamy ground that the six months limit for hearing 594); The County of Vercheres v. had expired.
The motion was refused and The Village oJ Varennes C. the merits the election was declared void.
and The Bell Telephone Company The City appeal to the Supreme Court.
Held, Davies J.
S.C.R. followed. dissenting, that an appeal would not lie from The City of Sherbrooke the order 19th November; that the judge and McKay v. The had power to make such order, and its broo-e Can. S. referred to. Rebura was to extend the time for trial to 6th Decem- The Parish of Ste. Anne Can. S.C.R. ber, and the order for peremption was, there- overruled.
3-Controverted election-Judginent dismissing petition.] An appeal not lie to the
Supreme Court Canada from judgment missing an election petition for want of prosecution within the six months prescribed
The Dominion Controverted Election Act
Jurisdiction-Amount in controversy-Interet before action-60 & c. 34, judgment for damages with interest from date before action brought is appealable under & Vict. 1
5---Findings of courts below-Question pro- Verdict -- Weight of evidence.]
Supieme Court Canada refused to interfere with decision the Court Appeal
Ontario in matter procedure, namely, whether verdict a jury was general special verdict.
The court refused to disturb the verdict the ground that it was
8--Ontario appeal cases-Applicationfor leave to appeal refused provincial court-60 & c. (D.)-Quashing by-law-Appeal de plano - Special leave.] - The appeals to the Supreme Court from judgments the Court Appeal for Ontario are exclusively governed the provisions & Viet. and no appeal lies right unless given that Act.-The Supreme Court will not entertain application for special leave to appeal under the above Act after a similar application has nade to the Court Appeal and leave has 9---Jurisdiction-60 & c. 34-Criminal case.]-The Act the Dominion Parliament respecting appeals from the Court Appeal for Ontario to the Supreme Court & Vict. ch. applies only to civil cases. Criminal appeals are still regulated by the provisions against the weight evidence after it had been 10--Jurisdiction-Yukon Territorial Courtaffirmed the trial judge and the Court Decisions of Gold Commisioner-Special appellate tribunal-Finalty of judgment-Legislative 239 jurisdiction of Governor-in-Council-62 & c. H. 13-i Edi'. VII. 0.-in-C. p. lzii.-2 6--Ir-regular procednure-Issues in courts VII. c. 35-Mining lands. ]-The Supreme -Practice appeal.]-The Supreme Court Court Canada has jurisdiction hear appeals Canada will not, appeal, interfere with the from the judgments the Territorial Court action the courts below in matters mere the Yukon Territory, sitting the Court procedure where injustice appears to have Appeal constituted the Ordinance the been suffered in consequence, although there Governor-in-Council the eighteenth March, might irregularities in the issues as joined which brought before the trial court demand& affecting mineral lands the Yukon Territo-y. almost different from the matter actually in The Governor-in-Council has jurisdiction to 335 take away the right appeal to the Supreme Court Canada provided & Vict. 7--Jrisdiction-Annulment ofProcis-rerbal the Statutes Canada.
atE controersy.]-The Supreme Court3
APPEAL-Continued.
11--Concurrent indings of fact-Duty of appelate court-Evidence.] judgment based upon concurrent findings fact in the courts below ought not to disturbed appeal to the Supreme Court Canada the evidence contradictory.
12-New points on appeal-Objection tojurisdiction- Want of jurisdiction in court below-Findings of1act- Verdict. ]-Questions law appearing upon the record but not raised in the courts may relied upon for the first time an appeal to the Supreme Court Canada where no evidence in rebuttal could have brought to affect them had they been taken the trial. Gray v. Richford Can. R.
; and Scott v. Phenix Assurance Company
(Stu. K. followed.-An objection that judge the court below had no jurisdiction to render judgment from which an appeal asserted not proper ground on which to question the jurisdiction the appellate court to entertain theappeal. appellate court should not disregard the verdict jury which supported evidence.
v. LEROI refused.)
13-Special leave to appeal-Jurisdiction- -R. 8.
C. 42-" Judgment of court appealed from-Construction of statute. ]-A judge the
Supreme Court British Columbia may grant special leave for appeal to the Supreme Court
Canada although he did not sit as a member constituting the full court which rendered the
&
-Drainage- Qualification of petitioner- "Last revised Assessment Roll "-R.
S. 0.
226-Costs of non-appealing party.-CHAL- 15-Admiralty'aw-Collision-Ship at anchorgence.]-DomiNIoN
16--Expropriation of land-Valuation-Reduction of damages-Precedent-Practice - ASSESSMENT AND TAXES-Intermunicipal works-Drainage-Removal of obstruction
-Miunicipal act, (Ont.)-Municipal
Amendment Act, 22 (Ont.) -Report
ASSESSMENT AND TAXES-Con. 2--Appeal-Jurisdiction-Anunulnent of proverbal-Matter in controversy.
ASSIGNMENT
FOR BENEFIT CREDITORS-Money paid- Voluntary payment-Insolvency of debtor-A ction assignee BANKS AND BANKING-Debtor and creditor-Preference-Collusion-Pressure-R. S.
Companies Acts, & 2--Bills and notes-Conditional indorsement -Principal and agent-Knowledge agent- BILLS AND NOTES -Banking-Bills and notes-Conditional indorsement-Principal and agent-Knowledge agent-Constructive notice -Deceit].
promissory note indorsed the express understanding that it should only be available upon the happening certain condition is not binding upon the indorser where the condition has not been fulfilled. Pyn v. Campbell E & followed.-The principal affected notice to the agent unless appears that the agent was actually implicated sufficient for the holder to show that the agent had an interest in deceiving his principal. Kettlewell Watson and Richards The Bank of Nova Scotia Can. R. referred to.
2--Promissory note---Duress-- Verdict jury.] In an action against the maker a promissory note, the local manager the plaintiff bank, the defence was that he had coerced the head manager, under threats dismissal and criminal prosecution, into signing the note to cover up deficits customers' counts which had no personal interest. His evidence at the trial to the same effect was denied the head manager. Held, that the jury having believed the defendant's account and given him verdict which the evidence justified, such verdict ought to stand. BOND-Mnicipal bond-Form of contract- Statute authority-Construction statute CARRIERS-Shipping-Bill lading-Limitation of time sue-Damage from unseaworthiness-Construction of contract] a shipment goods steamer the bill lading provided that all claims for damage to or the same must presented within one month from its date after which the same should completely barred.
Held, reversing the judgmentappealed from Rep. Mills J. dissenting, that this limitation applied to claim for damage caused unseaworthiness the steamer.
CASES-Adams & Burns Bank of Montreal
B. Rep. affirmed
- - 2--Algoma Railway The King Ex.
3-Town of Aurora Village of Markham
Ont. L. R. special leave to appeal re- Bell Telephone v. City of
Boston Rubber Shoe Co. Boston Rubber of Mont-eal Ex. R. reversed.
6-Briggs Newswander Rep.
Brown Moore N. Rep.
Chappelle v. The King (7 Ex. R.
Challoner Lobo (1 Ont. L. R.
10-Collom Manley Can. R.
11-Coplea & Callahan Can. R.
followed
12-Dominion Coal S.S. " Lake tario " (7 Ex. R. affirmed
- CASES-Continued.
13-Drysdale Union S. of British Columbia B. Rep. reversed - 14-Dubois v. Village of Ste. Rose, Can. 15-Dunsmuir al. v. The Colonist Printing and Publishing al. Rep. 16-Fawcett al. v. Canadian Pacific Railway B. Rep. affirmed
- 17-Gray v. Richford Can. R. Hawley Wright N. Rep. Jackson Grand Trunk Railway Company of Canada Ont. L. R. affirmed - Kettlewell Watson re- 21-Langley v. Van Allen & Ont. L. See 1. Manley Collom Rep. re- Mowat Provident Savings Life Assurance Society of New York Unt. App. R. 24-McKay v. Township of Hinchinbrooke McKelvey Le Roi Mining VERDICT 3.
26-McNaught The Harvey Van Norman al 27-McNevin Canadian Pacife Railway See 1. CASES-continued.
28-North American Life Assurance
Brophy Ont. L. R. reversed
- Oland McNeil N. Rep.
30-Ontario Mining v. Seybold, al
[NOTE.-Appeal to P. Dismissed.)
Padson Beaman al Rep.
32- Pither & Leiser Manley Rep.
Pym Campbell & follow- 34-Reburn Parish of Ste. Anne Can.
35-Richards Bank of Nova Scotia
Can. R. referred to
36- Roberts SS. " Pawnee " Ex. P.
37-Ross The King Ex. R.
affirmed
- - - - - 38--Scott Phcenix Assurance (Stu. K.
39--Sherbrooke,Cityof v.McManamy Can.
40-Skinner Farquharson N. Rep.
41-Stewart The King (7 Ex. R.
CASES-Continued.
42--Toi onto Railway v. The Queen (4 Ex. R. 262; Can. R. 24); 43-- Trusts and Guarantee Hart Out. 44--Tucker The King (7 Ex. R. 45--Countyoj Vercheres v."Village of Varennes Can. followed
- 46-- Wacrington v. Palmer Rep. 47-Webster City of Sherbrooke Can. 48--Wilson v. City of Montreal L. Jur. approved Strong
J.
dubitante - - CHURCH,- Will-Condition o] legacy-Religious liberty-Re.striction as marriage-Education-Exclusion from succession-Public policy CIVIL CODE.-Art. (Dissolution of part- 2--Arts.
3--Art. (Evidence)
4--Arts. (condictio indebiti; inter- 5--Arts. (Dower)
COMPROMISE.-A ction for account-Rectierror-Prejudice
COMPANY LAW--" The Companies Act, and amendment-Construction statute-Memorandumofassociation--Conditions imposed statute-Public policy-Preference stock-Election of directors.]-In the memorandum association joint stock company formed under the provisions the British
Columbia " Companies Act, and its amendments there was a cl4use purporting to give to the holders certain block shares, being a minority the capital stock issued, the right at each election the board of directors to elect three the directors or trustees for the management the business the company, notwithstanding anything tained in the Act.
Held, that the shares which such privilege sought to attached could not considered preference shares within the meaning the statute, and that the agreement ultra cites the powers ferred the statute, and null and void, being repugnant to the conditions as to elections trustees and directors imposed the Act matters public policy.
Judgment appealed from Rep. reversed.
etal
2- -- Debtor and creditor-Preference-Collusion
-Pressure-R. S.
Act, 80-Company law-Alortgage directors
-Ratification-B. Companies Acts,
& v.
COMPENSATION
CONSTABLE.
CONSTITUTIONAL LAW-Continued. Crown lands-Mining licenses-Royalties -Dominion Lands Act.]-The Dominion Government, regulations made under The Dominion Lands Act, may validly reserve royalty gold produced placer mining in the Yukon though the miner, his license has the exclusive right to all the gold mined. Taschereau and Sedgewick JJ. dissenting. (Leave to appeal to the Privy Council has 3--Indian lands-Treaties with Indians- Surrender of Indian rights-Mines and Minerals-Crown grant-43 c.
CONTRACT-Statutory prohibition statute- Wholesale purchase-Guarantee- Validity of contract-Forfeiture
Norc Scotia Liquor License Act-Practice.] An agreement guaranteeing payment the price intoxicating liquors sold contrary to statutory prohibition no effect.-The imposition apenalty for the contravention statute avoids tract entered into against the provisions the statute.
Life insurance-Terms of contract-Delivery of policy-Payment of premiums.] tract of insurance complete delivery the policy to the insured and payment the first premiumn.-Where the insured, being able to read, has had ample opportunity to examine the policy, and not being misled the pany as to its terms nor induced not to read has neglected to cannot, after paying the premium, be heard to say that it did contain the terms the contract agreed upon CONSTITUTIONAL LAW-Appeal-Jurisdiction-Yukon Territorial Court-Decisionsof 3-Sale of good-Delicery-" At" shed- Gold Commissioner-Special appellate tribunal "Into" or grounds adjacent.] tender -- Finality of judgment-Legislative jurisdiction H. to supply to the Town Goderich of Gorernor-in-Council-62 & c. pursuant to advertisement thereof contained -1 Edw. VII. 0.-in-C. p. lxii.-2 Edw. VII. to deliver it "into tie aed, at pumpc. 35-Mining lands.]-The Supreme Court ing station or grounds adjacent thereto where Canada has jurisdiction to hear appeals from directed you," (that committee the judgments the Territorial Court the the council).
The tender was accepted and the constituted the Ordinance the Governor- "at the shed."
portion tie in-Council the eighteenth March, in respect delivered, without directions from the committo the hearing and decision disputes affecting tee, the to the dock, about So mineral lands in the Yukon Territory.-The feet the shed and separated from it a Governor-in-Council has no jurisdiction to take road.
Held, reversing the judgment the away the right appeal to the Supreme Court Court Appeal, that the was not delivered Canada provided & Vict. ch. "at the shed" agreed the contract the Statutes Canada.
signed the parties which was the binding CONTRACT-continued to decided the terms the tender the delivery was not in accordance therewith, the place delivery .not being " at the pumping station or grounds adjacent thereto."
- Condition as to time-Divisibility of tract-Completion of works.] contract to remove spans from wrecked bridge in the St.
Lawrence the contractors agreed "to remove both spans the wrecked bridge and put them ashore for the sum we to paid one span removed from the channel and another soon as one span put ashore and the balance as as the stood and agreed that we push the work with all reasonable despatch, but if we fail to plete the woik this are to have the right to complete it next season."
Held, reversing the judgment the Court Appeal,
Taschereau J. (dissenting)
, that the contract divisible, and the contractors having reone span from the channel and put it ashore were entitled to the two payments each notwithstanding the whole work was not completed in the second season.
CONTRACT-Continued.
6-Public Work-Breach of contract-Appropriation of plant-Damages-Interest.] The chequer Court (7 Ex. R. Taschereau J. dissenting.
the judgment appealed from, it was held as follows:-" I. There may be question as to whether Walker v. The London an North Western Railway Company P.
accepted establishing general proposition that if for its completion, the forfeiture cannot enforced the ground delay after that date.
But at all events any notice given after such date to determine the contract and enforce the forfeiture must give the contractor a reasonable time in which to complete the work, and the contractor must, with reference to such reasonable time for completion, make default or delay in diligently continuing to execute advance the work to the satisfaction the engineer.
The engineer to decide, having regard to a time that in the opinion the court is reasonable, and the contractor to have notice his decision.
Where there breach contract the damages are to be measured as near as may the profits the contractor would have made completing the contract in reasonable time.
In this case the contractor claimed for loss profits Contract -Mining
Claim-Agreement for respect certain extra work not covered sale - Construction - Enhanced value.]
the contract.
Held, that inasmuch it was agreement writing signed both parties not possible to say either that the engineer to convey his interest certain mining would have directed it to done him had claims to N. for price named with stipula- the work remained in the suppliant's hands, tion, that the claims proved development that the engineer had done that to valuable and a joint stock company was would have price for it from which a formed N. or his associates, might allot profit would have been derived, it could not or cause to alloted to B. such amount taken into consideration.
Where in such a shares as should deem meet.
By contem- the Crown dispossessed the contractor poraneous agreement, N. promised and agreed his plant and used it for the purposes the that company should immediately formed completion the work, the contractor was and that should have a reasonable amount held entitled recover the such plant stock according to its value.
No company as going concern, that its value anyone was formed N., and B. brought an action situated the contractor himself was the for declaration that was entitled to an un- taking the plant.
Where the contractor divided half interest the claims or that the was not allowedinterest upon the value such agreement should specifically performed. plant, it was held that he was not to charged Held, reversing the judgment the Supreme with interest upon the balance the purchase Court British Columbia, that the dual agree- price portion the plant which, with his ment above mentioned was for a transfer at a consent, the crown had subsequently paid." nominal price-in trust to enable N. to capitalize Kmo V.
the properties and form a company to work them terms as to alloting stock to B. 7-Contract correspondence-Sale of goods as the parties should naturally agree upon ; -Condition as acceptance-Post letter-Time and that, breach said trust, was limit-Term for delivery-Breach contracttitled to a reconvevance his interest the Damages-Counterclaim-'ondition precedentclaims and an account moneys received or Right o/ action.)-The appellant, 0., wrote a that should have been received from thework- letter, dated October, to ing thereof the meantime.
r. supply the company with thirty-seven carloads hay at prices mentioned subject to accep- CONTRACT-Continued.
tance in days, delivery within months."
Oct. the company wrote and mailed a letter in reply as follows :-"We would now inform you that will accept your timothy hay as per your letter to us the
2nd instant. Please ship as as possible the orders you already have in hand and also get the seven cars early possible as stock is very low. Try and ship us three four cars as to catch the next freight here from Northport.
We will advise you further to the shipment the thirty cars.
we not able to take it all in before your roads break up, we presume you will have no objection to allowing balance to remain until the farmers can haul it
Do the you can to get some empty cars at as must have three or four cars next freight."
-This letter was registered and, although reached post within the days, yet by reason the registration it was not received by him until the following lay.
Oct. O's agent wrote the company acknowledging the letter and saying that acceptance the arrived too late and that therefore the hay could not furnished.
6th Nov. the pany replied insisting on the delivery the hay as contracted for the 15th that month, and notifying 0. that, in case default, they would replace the order charging him with any extra cost and expenses. Held, that the correspondenoe did not constitute a binding contract as the parties were never ad idcm to all the terms proposed.-Prior to the expiration the six months mentioned in O's letter, the pany, in defence to an action him against them, counterclaimed for damages for his alleged breach contract for delivery the thirty seven carloads hay.
the six months limited for making delivery had not expired, the company had right action for damages, even had there been tract, and that the filing the counter claim was premature.
8--Inquiry to public matters- Contract binding the Crown-Right of action-Quantum meruit-Public officer-Solicitor and client
-R.S.C.
9--Drainage-Inter-municipal wvorks-Guarantee-Continuing liability
10--Cancellation of insurance policy- Fraud- Mlisrepresentation- Wagering policy--Endowment--Return of premiums paid
- CONTRACT- Continued.
11-unicipal bond-Form of contract-Sta. tutory authority -Construction of statute - 1 -- Pledge-Deposit with tender-Forfeiture -Breach of contract-Municipal corporation- Right action-Damaags-Set of-Restitution 13--Carriage of goods-Bill of lading-Limitation of time for suit-Damages from unseaworthines-s-Construction of contract
- 14--Vendor and purchaser-Principal and agent-Sale of lands- -Authority agent- -Price of sale-Resulting trust-Conveyance to agent- CONTROVERTED ELECTIONS. COSTS-Drainage- Qualification of petitioner " Last revised Assessment Roll"-R.S.O. 226-Costs non-appealing party. COUNTERCLAIM-Contract correspondence-Post letter-Time limit-Term for delivery-Breach of contract- -Damages-Counterclaim-Condition precedent-Right of action. COOUT-Construction statute-Special leave appeal-" Judge of court appealed froc "- Jurisdiction -- R. S.C.
- CRIMINAL LAW-Appeal in Criminal cases Construction of & c. Appeals cases are regulated solely the provision CROWN-Contract-Right action-Public officer-Solicitor and client-R.S. cc. Inquiry as to public matters-Remuneration commissioner-Quant unt meruit. CROWN-Continued.
2-Customs duties-Lex fori-Lex loci- Interest duties improperly levied-Mistake of law-Rdpdtition-Presumption of good faith
CROWN LANDS-Mining law-Royalties- Dominion Lands Act-Publication of regndations-Renewal of license-Payment of royalties
Voluntary payment-R. S. C. c. 54,
91.] The Dominion Government, regulations made under The Dominion Lands Act, may validly reserve royalty on gold produced by placer mining in the Yukon though the sniner his license has the exclusive right to all the gold mined.
Taschereau and Sedgwick
JJ. (dissenting)
. -The
" exclusive right" given the license exclusive only against quartz or hydraulic licensees or owners ofsurface rights and not against the Crown.
Taschereau and
Sedgewick JJ. (dissenting)
.-The provision
The Dominion Lands Act that regulations made thereunder shall have effect only after publication for four successive weeks the Canada Gazette means that the regulations do not into force on publication in the last the four successive issues the Gazette but only the expiration one week therefrom. Thus where they were published for the fourth time the issue September 4th they were not in force until the 11th and did not affect a license granted on September 9th.- Where regulations provided that failure to pay royalties would forfeit the claim, and notice to that posted on the claim and served the licensee, payment the latter under protest was not voluntary payment.- One the regulations was that " the entry every holder grant for placer mining to renewed and his receipt relinquished and replaced every year."
Held, per
Gironard and Davies JJ., reversing the judgment the Exchequer Court
Ex.
R. Sedgewick J. contra, that the new entry and receipt did not entitle the holder to mine the terms and conditions his original grant only but did subject to the terms any regulations made since such grant was issued. -The new entry cannot made and receipt given until the term the grant has pired.-Therefore, when a grant for one year was issued December, and in August, the renewal license was given to the miner, such renewal only took in December, and subject to regulations made in September that year.--Regulations force when a license issued were shortly after cancelled regulations imposing a smaller royalty. Held, that the new regulations were substituted for the others and applied to said
CROWN LANDS-Continued.
license.
Kis (Leave to appeal to the Privy Council has CUSTOMS-Customs' duties-Duties on goods Foreign-built ships
Customs' Tarif Act, 4.]
foreign-built ship owned in Canada which has been given certificate from a British Consul and comes into Canada for the purpose being registered a Canadian ship toms' Tariff Act, 1897.-A taxing Act not to be construed differently from any other statute. RATLWAY (Leave to appeal to the Privy Council has 2-Customs duties-Lexfori-Lexloci-Interduties improperly levied-Mistake of law -Rdpdtition-Presumption as to good faith- The Crown not liable, under the provisions articles and duties illegally exacted under a mistaken construction placed by the customs upon the Customs' Tariff Act.
Wilson v. The City of Montreal L. Jur. approved, Strong C.J. dubitante.-Per Strong C.J. error law mentioned in arts. and the error the party paying and that the party receiving.
Money paid under compulsion not money paid under error ronto Railway The Queen Ex. R. 24; cussed.
The Algoma Railway v. The King DAMAGES-Negligence-- Work in mine- Entering shaft--Code of signals-Disregard rules-Damages.] miner was getting into the bucket which he was to lowered into the mine when owing to the chain not being checked his weight carried him rapidly down and badly hurt.
In an action for dantages against the mine owners the jury found that the system for lowering the men was faulty; the man charge it negligent; and that the engine and brake which the bucket was lowered were not and proper for the purpose.
Printed rules were posted near the mouth the pit providing among other things that signals should given, any miner wishing to down the mine or brought up, :neans bells, the number telling the DAMAGES-Continued.
DAMAGES-Coninued.
engineer and pitinan what was required.
The provided that Ste. Cungonde should jury found that it was not usual in descending tribute proportionately to the cost constructto signal with the bells; and that the injured the works.
The Ste. Cun~gonde sewer miner knew the rules but had not complied accordingly connected, and the other muni with them the occasion the accident.
cipalities, upon entern into similar agreements appeal to the Supreme Court Canada from with the city Ste. Coudgonde, were permitted judgment setting aside the verdict for plaintiff Ste. Cungonde to make connections with its and ordering a new trial. Held, reversing said sewers whereby their lands were drained judgment Rep. and restoring the through the ntreal sewer, the agreements judgment the trial judge (7 Rep. the two last municipalities binding them the that there was ample evidence to support the arridre-gm-unrs, respectively, the City Ste. findings the jury that defendants were negli- In an action the City gent ; that there was no contributory negligence treal to recover from Ste. Cun6gonde damages non-use the signals, the rules having, with which it had compelled pay for the consent the employees and the persons flooding cellars waters from the charge the been disregarded which in- question, the arrire-gerants were made parties dicated their abrogation ; the new trial should, the principal defendant demands therefore, not have been granted. Held further, warranty:
Held, that the guarantee in questhat the negligence causing the accident was tion hound the several higher municipalities not that the persons having control those fur all damages resulting not unly from the going down the mine, it was not a case negli- making the actual connection the sewers, gence at common law with no limit to the but also for damages that might subsequently amount damages, but the latter must be occasioned from time to time account the sessed tinder the Employees' Liability Act user them the Montreal sewer for drain- R.
V. age pnrposes.
field, that, the City Montreal had not obliged itself to construct works within any time -- Contract--Drainage---Inter-municipal insufficiency, the adjoining municipaliworks--Assessnent damages--uarantee- ties were not relieved from their liahili- Continuing liability.1
The city Montreal, ties account postponement construction having sewer sufficient for all its purposes such works by the City Montreal. within its limits and through lands lying further, that the judgment awarding damages lower level than those the adjoining against the City Montreal being matter palities Ste. Cun6gonde, St. Henri and West- tween third parties and not resjndicatt against mount, entered into agreement in writing the other municipal corporations interested, the with Ste. Cun6gonde which the last named said City Montreal was only entitled to city was permitted to connect its sewers with cover its suit against Ste. Cnn6gonde the Montreal sewer question for drainage damages might shewn to have resulted purposes, and the same agreement, the city from the connection and user the sewers Montreal consented that the city Ste. under the agreement; that the city Montreal, Cun6gonde should allow the two other munici- when was not obliged to summon its palities make connections with its sewers, rantor into the action for damages, but could, connected, such manner that waters after condemnation, recover such damages ing from such three higher municipalities should seperate action under the contract that it was be drained through the Montreal sewer.
The not, the terms the contract, condition privilege was granted on condition that the con- precedent to action the city Montreal, nection with the Montreal sewer should made that it should first submit to judicial Ste. CunIgonde at its cost and to the nation liquidation such damages and that, entire satisfaction the Montreal engineers; between the city Ste. Cunigonde and the that Ste. Cun6gonde should guarantee Montreal arri4re-garants, their contracts bound them, against all " damages which might result respectively, to pay such damages, with interest whether from the connection said sewers or and costs proportion to the areas drained works necessary " in connection therewith, as them respectively into the Montreal sewer. or corporations, and Ste. Cun6gonde self to pay and reimburse to the said City that latter might " called upon and condemned to pay on account such damages and the costs result- I (Leave to appeal to the Privy Council was ing therefrom."
In the Montreal sewer j refused.)
becoming insufficient, and its capacity requiring 3-Pledge-Deposit with tender-Foreitnre to increased, or new sewer constructed, it
-racdh ig contract-eunicipal DAMAGES-Continued.
action-Damages-Compenscation and set-of-Restitution of thing pledged-Arts.
0.-Practice on appeal-irregular procedure.] behalf
J. & firm contractors which he was member, deposited a sum money with the City Montreal as a guarantee the good faith J. & in tendering to supply gas for illuminating and other purposes to the city and the general public within the city limits at certain fixed rates, lower than those previously charged companies supply.
ing such gas in Montreal, and for the due fulfilment the firm's contract entered into according to the tender.
After the construction works and laying pipes in the public streets, J. & transferred their rights and privileges under the contract to another company and ceased operations.
plaintiff, afterwards, assignee manded the return the deposit which was refused the city council which assumed to forfeit the deposit and declare the same cated to the city for non-execution J. & their contract.
After the transfer, however, the companies supplying gas in the city reduced the rates to price below that mentioned in the tender far as the city supply was affected, although the rates charged to citizens were higher than the price mentioned in the contract. Held, that the deposit made was pledge subject to the provisions the sixteenth title the Civil Lower
Canada and which, in the absence any press stipulation, could not be retained by the pledgee, and that, the city had appropriated the thing pledged to its own use without authority, the security wts gone the act the creditor and the debtor was entitled to its restitution although the obligation for which the security had been given had not been executed.
Cross-demandby the defendant for damages, set-off in compensation against the plaintiffs claim; Held, that, as the city had not obliged to pay rates in excess those fixed the contract, no damage could be recovered in respect to the obligation to supply the city ; and that the breach contract respect to supplying the public did not give the corporation any right action for damages suffered the citizens individually.
further, that prospective damages which might result from the occupation the city streets the pipes actually laid and abandoned were too remote and uncertain to set-off pensation the claim for the return the deposit.
The court also decided that, following its usual practice, it would not on the appeal interfere with the action the courts below matters mere procedure where no injustice appeared to have been suffered consequence although there might be irregulari- DAMAGES-Continued.
ties in the issue as joined which brought before the trial court a demande almost different the matter actually controversy.
4-Expropriation of land- Valuation-Evi- 5--Public work-Breach of contract-Appropriation plant-Interest
DEBTOR AND CREDITOR-Fraudulent prejerence-Collusion-Pressure-R.S.B.C. c.c. 86, 87-The Bank Act, 80-Company law -Mortgage directors-Ratification-B. 0. Companies Acts, 1894.]
& 2-foney paid-Voluntary payment-Insolvency of debtor-Action assignee-Status. Pagment-Accord and satisfaction-Mistake-Principal and agent.
DECEIT-Bills and notes-Conditional indorsement-Principal and agent-Knowledge agent DEED-Conveyance in absolute form-Mortgage-Resulting trust-Notice-Estoppel - DELIVERY-Contract-Sale of goods-"At" shed-" Into" shed or grounds adjacent. A tender by H. to supply coal to the Town Goderich pursuant to advertisement therefor contained an to deliver it "into the shed, at pumping station or grounds adjacent thereto where directed you," (that a committee the council).
The tender was accepted and the contract afterwards signed called for delivery "at the coal shed." portion the coal was delivered, without directions from the committee, from the vessel unto the dock, about feet from the shed and the judgment the Court Appeal, that the was not delivered " at the coal shed" agreed by the contract signed the parties which was the binding document.
Held also, DELIVERY-Continued.
DRAINAGE-Contract - Drainage Interthat if the contract was to be decided the Damages Guarantee-(onterms the tender the delivery was not n tniglaiiy]Tect fMnrahv accordance therewith the place delivery not ing a sewer sufficient for all its purposes withaccord"at the pumping station or greunds ad- in its limits and through lands lying on a lower beingt the pupm or level than those the adjoining municipalities jacent thereto."
. Ste Cundgonde, St. Henri and Westmount, - -- 211 entered into an agreement in writing with Ste. 2--Life insurance-Condition of policy-Pay- Cungonde which the last named city was snent of first premium-Delivery of policy-Art. permitted to connect its sewers with the Montand by the same agreement, the city Montreal consented that the City Ste. Cundgonde should the two other municipalities to make connections with its sewers, connected, 3--Contract correspondence-Post letterin such manner that waters coming from Time limit-Term for delivery-Breach of three higher municipalities should drained tract-Damages-Counterclaim-Condition pre- through the Montreal sewer.
The privilege cedent-Right of action was granted on condition that the connection with the Montreal sewer should made by Ste. DEPOSIT. -Pledge-Deposit with tender--For- Cundgonde at its own cost and to the entire satisfaction the Montreal engineers ; that feiture-Breach ofcontract-Municipal corpora- Ste. Cunigonde should guarantee Montreal tion-Right of action-Restitution thing against damages which might result whether pledged
- 5 from the connection said sewers or works necessary " in connection therewith, well to the City Montreal to other persons corporations, and Ste. Cunigonde bound itself DONATION.-Interdiction-Donation in- to pay and reimburse to the said City Montterdict-Sherif's sale- Warranty-Arts. real all sums money that the latter might be C.]-Per Taschereau J.-Neither the "called upon and condemned topayon account vendor nor his heirs, who have renounced the such damages and the costs resulting theresuccession, nor his universal donees, who have from."
Incaseof the Montreal sewer becoming accepted the donation, can any ground insufficient, and its capacity requiring to whatever, attack a title for which the vendor increased, or a new sewer constructed, it was has given warranty.
provided that Ste. Cungonde should contribute proportionately to the cost constructing the new works.
The Ste. Cunigonde sewer accordingly connected, and the other munici- DOWER.-Interdiction-Authorization in- with the City Ste. Cundgonde, perterdicted hsband-Sherif's sale-Registry laws mitted Ste. Cunigonde to make connections -Warranty-Succession-Renunciation--Dona- I with its sewers whereby their lands were also tion interdict.]-The registration a notice drained through the Montreal sewer, the agreeto charge lands with customary dower must, ments the two last municipalities binding pain nullity, accompanied certificate them the arriire-garants, respectively, the the marriage in respect which the dower City Ste. Cunigonde.
In an action the claimed and must also contain a description City Montreal to recover from Ste. Cunisufficient to identify the lands sought to gonde damages which it had been compelled to affected.
sale the sheriff against debtor pay for the flooding cellars waters from in possession an immoveable under apparent the sewer in question, the arrire-garants were title discharges the property from customary made parties the principal defendant dower which has not been effectively preserved demands in warranty: Held, that the guarantee by registration validly made under the pro- in question bound the several higher municivisions art. the Civil Serble, palities for all damages resulting not only from that voluntary interdiction, even prior to the the act making the actual connection the promulgationof the Civil Codeof Lower Canada, sewers, but also for damages that might was an absolute nullity and that the authoriza- subsequently occasioned from time to time tion to married woman to bar her dower account the user them the Montreal not invalidated the fact that her husband sewer for drainage purposes. Held, also, that, had been interdicted at the time such the City Montreal had not obliged itself to authorization.
construct additional or new works within fixed time in insufficiency, the adjoining .737 DRAINAGE-Continued.
municipalities were not relieved from any their liabilities on account postponement construction such works the City
Montreal.
Held, further, that the judgment awarding damages against the city Montreal being matter between third parties and res judicata against the other municipal corporations interested, the said City Montreal was only entitled to recover its suit against
Ste. Cundgonde, such damages might be shewn to have resulted from the connection and user the sewers under the agreement ; that the City Montreal, when sued, was obliged to summon its warrantor into the action for damages, but could, after condemnation, recover such damages separate action under the contract ; that it was not, the terms the contract, condition precedent to action the City Montreal, that it should first submit to judicial condemnation in liquidation such damages; and that, as between the City
Ste. Cundgonde and the arrire-garants, their contracts bound them, respectively, to pay such damages, with interest and costs, in proportion to the areas drained them respectively into the Montreal sewer.
Intermunicipal weorks-Removal of tion-Municipal Act, (Ont.)-Mlun.
Amendment Act, 22-Report ofengineer. ]
petition was presented to the
Council Elizabethtown asking for the removal dam and other obstructions to Mud
Creek into which the drainage the township and Augusta adjoining emptied.
Council had the creek examined an engineer who presented report with plans and estimates the work to done and an estimate the cost and proportion benefit to the respective lots in Township.
The Council then passed by-law authorizing the work to done which was afterwards set aside on the ground that the removal an artificial obstruction was not contemplated by the law then force, the Municipal Act, the Act was amended and a fresh petition was presented to the Council Elizabethtown which again instructed the engineer to examine the creek and report.
The engineer did again examine it (its condition had not changed the interval) but presented to the Council his former report, plans, specifications and assessment and another by-law was passed under which the work was done.
In an action to recover from Augusta its proportion the assessment: Held, affirming the judgment
DRAINAGE-Continued.
the Court Appeal Ont. L. R. Strong J. dissenting, that the amendment in to the Municipal Act, authorized the Council Elizabethtown to cause the work to be done and claim from Augusta its proportion the cost. Held, further, reversing said judgment, that the report the engineer was sufficient without fresh examination the creek and preparation new plans and a assessment.
Towxsrns
3-Qualfcation of petitioner-" Last revised Assessment Roll"-R. S. 0. ch. of non-appealing party. 4-Negligence
Personal injuries and sewers-Liability of mnicipality-Officers and employees of Municipal corporation-59 c. s.s.
- - DRIVING TIMBER-Negligence- Vis mayor-Servitude- Watercourses-Floatable rivers -Statutory duty-53 (Que.)-Riparian rights
- - -- DURESS-Promissory note-Duress- Verdict of jury-In tiff bank, the defence was that had coerced the head manager, under threat dismissal and criminal prosecution, into signing the note to cover up deficits customers' counts in which he had no personal interest. at trial jury believed the defendant's account DUTIES-Customs duties-Duties goods- Foreign-built ship-Customs Tarif Act, 2M7 EDUCATION- Will-Condition of legacy- Religious liberty-Restriction as marriage- Exclusion from Succession-Public policy. ELECTION LAW-Controverted election- ELECTION LAW-Continued.
Lost record-Subtituted copy-Judgment onprof The Dominion Controverted Elections liminary objection-Discretion of court below- Jurisdiction.]
Court Canada an appeal against the judg- ELECTRIC LIGHTING.
Negligence-Operatious of a dangerous nature-Supplying mission to the court below, the record was lost. tric light--Insulation of electric wires.]-The Under the procedure similar cases in the pro- defendants are company engaged in supplyvince where the petition was pending, a record ing electric light to consumers in the City was reconstructed in substitution the lost Montreal under special charter for that purpose. record, and upon verification to its correct- They placed secondary wire, which electric ness, the court below ordered the substituted light was supplied to premises proxrecord to
Thereupon, the respondent imity to guy-wire used to brace primary in the court below raised preliminary wires another electric company which, tions traversing the correctness a clause though ordinarily dead wire, might the substituted petition which was dismissed dangerously charged with electricity wet the judgment appealed from.
Held, that, weather.
The defendants' secontary was as the question appealed from was not one upon allowed to rein defective conditon question raised preliminary objections, several months immediately preceding the time nor judgment upon the merits at the trial, when the injury complained was sustained, the Supreme Court Canada had no jurisdic- and it was at that time insufficiently insulated tion to entertain the appeal, nor to revise the at point proximity to the guy-wire. discretion the court below ordering the While attempting to turn the light substituted record to be
Two incandescent electric lamp premises, 55 wet and stormy day, was struck with insensibility and died almost immediately. Controverted election-Trial of petitionaction recover damages against the Extension oftime -Appeal.-Jurisdiction.] -On pany for negligently causing the injury :ield, 25th May, an order was made by 'Mr. affirming the judgment appealed that the Justice Belanger for the trial the petition defendants liable actionable negligence against the appellant's return as a member they had failed to exercise the high degree the House Commons for Beauharnois thirty skill, care and foresight required persons days after judgment should given the engaging operations dangerous nature. Supreme Court appeal then pending from
.
the decision on preliminary objections to the petition.
Such judgment given 29th
October and 19th November, application the petitioner for instructions, another order was made the said judge which decided that juridical (lays only should counted in puting the said thirty days, stating that the meaning the order 25th and that 6th December would the date trial.
the petition coming on for trial on 6th
December appellant moved for peremption the ground that the six months limit for hearing had expired.
The motion was refused and the merits the election was declared void.
appeal to the Supreme its
3--Appeal-Controrerted election-Judgment petition.]-An dismissing an election petition for want prosecution within the six months prescribed
EMINENT DOMAIN.
ERROR.
ESTOPPEL.-Conveyance land- -Form deed-Trust-Notice equitable owner-In- Life insurance- Condition policy--Paymentofpreouium-Delivery of policy -Evidence-Art. (.]-The from the custody representatives the sured, policy life insurance, raises a primd facie that it was duly delivbut sideration the policy therein declared to be the payment the first premium upon the adduced to shew that, as matter fact, the EVIDENCE-Continued.
EVIDENCE-ontinued.
ditional.
The reception such proof cannot, 8--Minin law-Location of mining claimunder the circumstances, considered the Certifcate of work- Vacant location-Reception of evidence written instrument, and the Province commercial matters, such evidence admissible under the provisions article the Civil
2--Negligence-Findings of jury-Operation of railway- Lights train-Evidence.]-A conductor in defendant's employ while engaged the performance the duty for which he was engaged at the Windsor Station the
Canadian Pacific Railway Montreal, was killed a train which was being moved backwards the station-yard.
There was no light the rear end the last car the train was there any person stationed there to give warning the movement the train. Held, that omitting to have light on the rear the train the railway company failed its duty and this constituted primdfacie evidence
3-Parol testimony-Commencement of proof in writing-Admissions-Arts.
c. (Que.)]-Where a contract admitted to have been entered into, the ment proof in writing necessary in order to permit the adduction evidence parol to the amount the consideration or to the conditions the contract.
In such a the rule that admissions cannot divided against the party making them does not apply.
4--Admirally law-Collision-Ship at anchor
A nchor liqht-Look-out-Weight of evidence- 5--Expropriation of land-Damages- Valua- 6---Operation of railway-Negligence-Suf of evidence-Findings of jury-Defective machinery-Sparks from engine-Setting aside
7--Infrinement of trade-mark-Use of corvorate name-Fraud and deceit-Evidence
9-Customs dutie-s-Lexfori-Lex loci--Interon duties improperly levied-Mistake of law -Rpdtition-Presumption of good faith-Arts. Gift-Confdential relations-Parent and child-Public policy-Principal and agent. 11-Appeal-Concurrent findings of fact- Duty of
EXECUTION-Interdiction-Marriage laws -Authorisation interdicted husband-Dower -- Registry laws-Sheriff's sale - Warraty- Succession-Renunciation-Donation - 2-Mines and minerals-Oonstruction of tute-Free-miners certificate-Annual renewals -Special renewal- Vesting of interest in owners-Sherif-Levy under execution-R. 8. B. 34-62 V. c. ss. 4-R. S. B. s.
- EXPROPRIATION-Expropriation of land -Damages-Valuation-Evidence.] The Crown expropriated land at L. and had it appraised by valuators who assessed it at which sum was tendered to L. who refused it and brought suit Petition Right for larger sum compensation.
The Exchequer Court awarded him appeal the feld, reversing the judgment appealed from, Girouard J. dissenting, that the evidence given the trial the petition showed that the assessed the valuators was very generous compensation to L. for the his land and the increase the judgment appealed from was not justified.-The court, while considering that less sum than that the valuators should not be given this case, expressly stated that the same course would not necessarily be followed Railways-Construction of statute- Tramway for transportation of materials-Expropriation-51 V. c. (D.)-2 Edw. VII. c. The place where materials are found referred to the hundred and fourteenth EXPROPRIATION-Continued.
FRADULENT PREFERENCE-Con. section "Railway means the spot notes voluntarily without oppression coerwhere the stone, gravel, earth, sand or water could not himself have recovered back the required for the construction or maintenance amount and his assignee was no better posirailways are naturally situated and not any tion.
Held, per Taschereau
.- As anything other place to which they may have been sub- recovered the assignee would be for the sequently transported.-Per Taschereau and benefit co-plaintiffs only thus Girouard JJ.-The provisions the one hun- receive what would have been unjust predred and fourteenth section " The Railway ference stipulated the agrement Act "confer upon railway companies servitude extension the plaintiffs had standi in consisting merely in the right passage and curid.
do not confer any right expropriate lands required for laying the tracks tramway for 2-Debtor end creditor-Colluion-Presseurn the transportation materials to used for R. B. 87- The Bank Act, 80the purposes construction.
Company law-Mortgage directors-Ratifica. tion-B. Acts, 1 & FELLOW-WORKMAN -. Negligence
Dee fectice and machinery-Proximate cause of injury-Fault of fellow-workmen- Min- FRAUD-Bills end notes-onditional indorsement
Principal end Agent
Knowledge agent
Con-itructive notice
Deceit bank maneger-98
FINDINGS OF FACT-Admiralty law- Collision-Ship at anchor-Anchor light-Lookout- Weight of evidence-Credibility-Findings
Infringement of Trade-mark-Use of corof trial judge--Negligence.
pofate name-Freud and deceit-Evidence.- 2- Verdict of jury-Duress
3-Appeal-Evidence support -Findingig
Lw ino s ol regulations-Renewal o license-Payment of royalties- Voluntary nay- 4--A ppeelConcurrent findings of fact- Duty of appellate court-Evidence
FRAUDULENT PREFERENCER Money GIFT-Conidential elatiios-Evidence-Parpaid- Voluntary payment -Inolvency debtor and child-Public policy-Principal and -Action assiignee-Satcs.] a trader, agent.] The principle that where confidential August, procured consent writing relations exist between donor and donee of his creditors to payment debts then the gift grounds public policy, predue and maturing notes at different dates sumed to the those relations, which extending to the following March.
V., presumption can only rebutted showing the creditors, insisted the more prompt pay- that the donor acted under independent advice, ment part his claim and took from S. not apply strongly gifts from parent notes aggregating amount all payable ito child from principal to agent. Thus, in September, which agreed in writing to Jcase gift the donor's benefit pay at maturity, and did pay.
In November, the latter's children, when had assigned for benefit his creditors years acted manager his father's business, the arrangement between and when was the only child the donor having first known and the assignee and other issue, and when the donor, before creditors brought an action to recover the said!' death, had evidenced his intention maksum part the insolvent! lug the gift signing promissory note estate.
Held, affirming the the 'favour the renewing it years Court Appeal Out. R. and that at ' later and voluntarily paying it before the trial 0. R. that S. having paid the died, such presumption not arise. Judg- 49J
GIFT-Continued.
ment Appeal Ont. L. R.
reversing that the Divisional Court 0. R.
affirmed, Sedgewick and Davies JJ. (dissenting)
.
- - - - - - GUARANTEE--Statutory prohibition--Penal statute- purchase- Validity 0 tract-Forjeiture-Nova Scotia Liquor License
Act-Practice
- Contract - Drainage works-Continuing liability
Inter-municipal
INDIAN LANDS-7reaties with Indians- Surrender Indian rights- Mines and Minerals
-Crown grant- Constitutional law-43
- - -- - - - - INJUNCTION-- Trade-mark--Infringement of corporate name-Fraud and deceit
The plaintiffs, incorporated the United States America, have done busithere and Canada manufacturing and dealing in india rubber boots and shoes under the name " The Boston Rubber Shoe their
Bostons," which had acouired a favourable calculated to deceive the public and to
INJUNCTION-continued.
restraining the defendants from using their corporate name as mark their goods manufactured Canada.
INSOLVENCY--Money paid-- Voluntary payment-Preference of particular creditor- Action assignee-Status.
" 1.
INSURANCE ACCIDENT. -Conditions in policy-Hazardous occupation-Voluntary exposure unnecessary danger--Baggageman railway.]- accident policy issued to M., who was insured as baggageman the P. Ry., contained the following conditions: "I the insured injured any occupation or posure classed this company as more hazardous than that stated in said application, his insurance shall only for such sums as the premium paid him will purchase at the rates fixed for such increased hazard."
(There was no classification 'exposure' the company.) " This insurance does not cover
* * death resulting from
*
* voluntary exposure to unnecessary danger."
was killed while coupling cars, duty generally performed a brakesman, whose occupation was classed the company as more hazardous than that a baggageman.
Held, Davies J. (dissenting)
, affirming the judgment the Court Appeal, Ont. L. R. which sustained the verdict for plaintiff at the trial 0. R. that was only performing an isolated act coupling cars, the insured was not injured in occupation classed as more hazardous under the first the above conditions.
Held also, that the evidence showed that insured was in the habit coupling cars frequently, and therefore would not consider the operation dangerous, sary danger" within the meaning the condition.
2--Insurance-Application-Benfeiciary not named in policy-Right to proceeds-Accident policy-Act for of and children.]- Where through error and unknown to the insured, the beneficiary mentioned in the application for insurance not named the policy nevertheless, entitled to the benefit the insurance. Judgment appealed from reversed, and Mills, JJ. dissenting. Per Sedgewick J.
The New Brunswick Act Viet., for securing to wives and children the benefit life insurance applies to accident insurance well to straight life insurance. INSURANCE, FIRE.-Fire insurance-Condition of policy-Proof of Waiver-Acts of officials.]-An insurance company cannot he presumed have waived condition precedent to action a policy on account unauthorized acts its reversed, Gironard J. dissenting.
INSURANCE,
LIFE.-Terms of policy- Payment ofpremiums.--A contract life insurance complete delivery the policy to the insured and payment the first premium.- Where the insured, being able to read, has had ample opportunity to examine the policy, and not being misled the company to its terms nor induced not to read it has neglected to do cannot, after paying the premium, be heard to say that it did not contain the terms the contract agreed upon.
NEW
IND
2- Life insurance-Wager policy-Endooment-14 c. s. I (Imp. )-Action for cancellation-Return of premiums. ] If the benelife insurance policy has interest of law
Goodfaith Arts. C. 532 in the life the insured, has effected the surance for his benefit and pays all the premiums himself the policy a wagering rolicy and void under I (Imp.) - The Act applies to endowment well to appeal "udge of court appealed an all policy.
Judgment the Court from"- Jnrisdiction-R.S.C. 42-699 Appeal Out. R. affirmed.-In -an action the company for cancellation the JURY
Promisory note-Duress- Verdict policy under said Act return the premiums j paid will not made a condition obtaining cancellation.
Judgment the Courtof Appeal pronssoy note, local manager the canelltio.
Jdgmnt te Cur plaintiff bank, the defence was that had Out. L. R. reversed, Davies and Mills coerced the head nager, under JJ. dissenting.
NORTH
JJURNC disntn.
dismissal and criminal prosecution, 261 into signing the note to up deficits 3- Conditon of policy-Payment of pre- customers' accounts which had permium
Delivery of policy-Evidence - Art. sonal interest.
His evidence at the trial to the 0. 0.] The production, from the cus- sae was denied the head manager. tody representatives the insured, a Held, that the jury having believed the defendlife insurance, raises a primndjacie pie- ants account and given verdict which sumption that it was duly delivered and the the evidence justified, such verdict ought to stand.
ment the first premium upon the delivery the policy, parol testimony may adduced to 2-Findings of jury--lVeight Eidcmce shew that, a matter fact, the -as-239 not paid and that the delivery the policy provisional and conditional. -The reception such proof cannot, under the circum- 3-peration of railway-Yegligence-Sufflstances, considered as the admission oral cienry of ecidence-Findings of jury--Defectire testimony in contradiction written instrn- machnery-Sparks from engine-Setting aside ment, and in the Province Quebec, rerdict-245 mercial matters, such evidence is admissible under the provisions article the Civil
Code.
EX.
INSURANCE, LIFE-Continued. 4-Act securing to wife and children - (N.B.)
"
INTERDICTION-Authorisation interdicted husband-Marriage laws -Sherif's sale- Warranty--Succession-Renunciation- Donation interdict.] Semble, that voluntary interdiction, even prior to the promulgation the Civil Code Lower Canada, was an absolute nullity and the authorisation to a married woman to bar her dower not invalidated the fact that her husband had been interdicted at the time authorisation.
INTEREST-Public works-Breach -Appropriation plant-Damaes. 483 LEASE-Staking mineral claims-Placer min.
ing -Hydraulic concessions-Annulnent of prior lease-Right of action-Status of adverse claimants-Trespass
See 6.
LEGISLATURE-Government oj Yukon Ter, ritory-Legislatire jurisdiction of Governor in
Council-Special appellate tribunal
- LEX FORL-Customs duties-Lex loci-Interest on duties improperly levied-Mistake law-Rdpdtition-Presumption of good faith- LEX LOCI-Customs duties-Lex fori-Inter duties improperlg levied-Mistake of laio
-- Rdpdtition--Presumption of good faith-Arts
LICENSE-Mining law-Royalties--Dominion
Lands ct-Publication regulations-Renewal of license-Payment royalties- Voluntary
Payment-R.S.C. c.
clusive right " given mining license issued under the Dominion Lands Act, exclusive only against quartz or hydraulic licenses owners surface rights and not against the
Taschereau and Sedgewick dissenting.-The provision The Dominion
Lands Act that regulations made thereunder shall have only after publication for successive weeks in the Canada Gazette means that the regulations do not into force publication the last the four successive issues the Gazette but only the expiration therefrom.
Thus where they were published for the fourth time in the issue
September 4th they were not in force until the
11th and did not effect a license granted
September 9th. -- the regulations was that "the entry every holder grant for placer mining has to renewed and his receipt relinquished and replaced every year."
Held, per Girouard and Davies JJ. reversing the judgment the Exchequer Court (7
Ex. R. Sedgewick J. contra, that the new entry and receipt did not entitle the holder to mine the terms and conditions in his original grant only but did subject to the terms any regulations made since grant was issued.-The new entry cannot made and new receipt given until the term grant has expired.
Therefore, where grant for year was issued in December,
August, the renewal license was given to the miner, such renewal only took effect
December, and subject to regulationr made September that year.
force when a license issued were shortly
IS. C. R. VOL. .XXXII. LICENSE-Continued.
after cancelled new regulations imposing a smaller royalty.
Held, that the new regulations were substituted for the others and plied to said license.
KING ?.
(Leave has been granted for an appeal to the Privy Council.)
LIMITATION OF ACTION-Carriage of goods-Bill of lading-Limitation of time for suit-Damages for unseaworthiness-onstruction of eontract.]--On shipment goods steamer the bill lading provided that all presented within one month from its date after which the same should completely barred. Held, reversing the judgment appealed from Rep. Mills J. dissenting, that this limitation applied to claim for damage caused unseaworthiness the steamer. LIQUOR LAWS -- Statutory prohibition - Penal statute- Wholesale purchase-Guarantee Validity of contract-f orfeiture-Nova Scotia -Liquor License Act-Practice
- 2--Canada Temperance Act- -Police constable -Negligent performance of duty-Damages MANDATE.
MARRIAGE LAWS-Interdiction-Authorisation interdseted husband-Dower-Sherif's sale-Registry laws - Warranty-Succession- Renanciation
Donation interdict.] registration a notice to charge lands with customary dower must, pain nullity, accompanied certificate the marriage in respect which the dower claimed and must also contain a description sufficient identify the lands sought to be affected--A sale the sheriff against debtor possession immoveable under apparent title discharges the property from dower which has not been effectively preserved registration validly made under the provisions art. the Civil Code--Semble, that voluntary interdiction, even prior to the promulgation the Civil Code Lower Canada, was an absolute nullity and the authorisation a married woman to bar her dower not invalidated the fact that her husband had MARRIAGE LAWS-Continued.
MINES AND MINERALS- Continued. interdicted at the time such authorisation. direction whereas it was nearly due north not comply with the statute requiring to state the approximate compass bearing and 2--Will-Condition of legary -Religious lib- his location void.
Coplen Callahan erty-Restriction ac to marriage-Education- Can. followed.-Before prospec- Exclusion fron succession -Public policy tor can locate claim he must actually PruC 1.
" minerals in place."
His belief that the pro- "
posed claim contains minerals not sufficient. Judgment the Supreme Court British MINES AND MINERALS - Columbia Rep. reversed. Work in mine - Entering shaft signals Disregard of rides-Damages.]-A miner was getting into the bucket which
Location-Certiffcute of work- Eridence he was to lowered into mine inpugn-R.
B.
certiwhen owing to the chain not being check- ficate work done mining claim in ed his weight carried him rapidly down and British Columbia is conclusive evidence that was badly hurt.
In an action for dam- the holder has paid his rent, and can only ages against the mine owners the jury found impugned the Crown.
Coplen Callahan that the system for lowering themenwasfaulty
Can. R. and Colloi r. Manley the charge it negligent; and that the Can. C.R. followed.-C. believing engine and brake which the bucket was 'that the statutory work bad not been done lowered were not fit and proper for the purpose. mining claims, and that they were, therefore, Printed rules were posted near the mouth vacant, located and recorded them under new the pit providing among other things that sig- names his and brought an action nals should given, any miner wishing to Ing an adverse right thereto.
Held, affirming go down the mine or brought up, means , the judgment the Supreme Court British bells, the number telling the engineer and Columbia Rep. that evidence to pitman what was required.
The jury found impugn the certificate work given to the that it was not usual descending to signal prior locators was rightly rejected at the trial. but them on the occasion the accident.
apegligence- Working of mines -Statutory peal to the Supreme Court Canada from mining regulations-fl. c. 8judgment setting aside the verdict for plaintiff Fault offellow--orktn.]
defendant and ordering new trial : Held, reversing said pany employed competent for the judgment, Rep. and restoring the superintendence their and required trial that the statutory regulations hould that thee was ample evidence to support the served.
labourer sent to in findings the jury that defendants were negli- unused balance which had not fenced gent; that there was contributory negligence inspected and explosion occurred fron non-use the signals the rules having, with the which died.
consent the employees and the persons damages his widow :feld, reversing the in charge the men, been disregarded which judgment appealed fronTaschereau and indicated their abrogation; the new trial should wick J.J. dissenting, that the company had Held, niantain further, that as the negligence causing the able for carrying their works with reasonnot a case negligence at common law with plosion have been attributable to neglect but latter duty fellow-workmen.
126 5-Roylies
Dominion Lands Act-Pnblicatson of regulations
Reiieoral license- Location of claim -Approximate bearing Paynent of royalties-Voluntary payment-f. .1inerals in place -B.
c. 54ss.
Douin- "Mineral Act."] Accuracy in giving the ap- Goverment, regulations made nder Dominion Lanis Act, may validly reserve gold produced placer mining other.-A though the miner his license JJ. MINES AND MINERALS-Continued.
MINES AND MINERALS-Coninued. "exclusive right" given the license ing" the lands inclnded within the elusive only against quartz or hydraulic licenses limits did not give them any right or interest or owners surface rights and not against the lands nor did they thereby acquire the Crown.
Taschereau and Sedgewick dis- status respect thereto could entitle them senting.-The provision in the Do- to obtain judicial declaration an action minion Lands Act that regulations made there- the annulment of the four successive weeks in the Canada Gazette means that the regulations not into force publication the last the four successive issues the Gazette but only the
RtPht artion-ondition precedent-Necespiration one week therefrom.
Thus where of actual snrrey-Blank in fmat-B. B. they published for the tourth time the 135s. 37-61 V. c. (B.C.)- September 4th they were not force R. B. C. c.3,s. 16-B. Supreme Court until the and did not effect a license fie of
The plan require granted o1t and not adverse mineral claim graned
Setembr 9h.-Wher regla-ndiler the provisions, section the tions provided that failure to pay royalties would forfeit the claim and notice to that er ct
' th
Col
As amendwas posted the claim and served the licensee, payment the latter under ent Act, not based actual protest was not voluntary payment.-One survey the location made the Provincial the regulations that " the Laud Surveyor signs the plan-The entry every holder grant for placer plan and the affidavit required nder mining has to renewed and his receipt said section, amended, not condition relinquished and replaced every year."
Held, precedent to the right the adverse claimant per Girouard and Davies JJ., reversing the to proceed with adverse action-The jurat judgment the Exchequer Court (7 Ex.
o affidavit pursuant to the section R. Sedgwick J. contra, that the above referred to did not mention the date upon entry and receipt did not entitle the holder which the affidavit had sworn. to mine the terms and conditions his that the absence the date was not fatal original grant only but did subject to the defect, and that, it could considterms any regulations made since such grant ered at common law, such defe-t would was issued.
The new entry cannot made cured the "British Columbia Oaths Act" and new receipt given until the term the and the British Columbia Suireme Court Rule grant has expired.
Therefore, where grant for year was issued December, and Rep. reversed Taschereau J. dissenting. August, the renewal license was given al to the miner, renewal only took effect in
December, and was subject to regulations 8
Free-niner's certmFcate-Ainual renewals September that year.
Regulations Special reneivals- interest co-owners in when license issued were shortly after
.Sheriff-Levy under execution-B. B. c. cancelled new regulations impoing smaller 34-62 C. 4-R. royalty.
Held, that the new regulations were B. C. c.
The sheriff substituted for the others and applied to said the interest mineral locations held license.
execution debtor co-ownership with another 586 free-iner and, prior to sale under the tion, the debtor allowed his free-miner's license (Leave to appeal to Privy Council has been to lapse.
special certificate in the debtor's name subsequently procured the sheriff under the provisions the fourth section the 6-Mines and minerals-Placer minina--Hy- "Mineral Act Amendment Act, and drazdic concessions-Staking claims--A nnulment contended that the debtor's interest had of prior lease-Right action Status of thus been revived and re-vested subject adverse claimants-Trespass.] In an action the execution.
Held, that the lapse free miners, who had " staked " placer the free-miner's certificate the interest quesmining claims within the limits a had, under the statute, absolutely granted for purposes hydraulic mm: vested the co-owner and could not thereafter ing, set aside the hydraulic mining lease revived and re-vested the judgment debtor the ground that it had illegally issued and the special certificate.
was null and no effect: Held, that where appealed 1. 0. Rep. affirmed, there was hydraulic lease mineral lands Sedgewick 1. dissenting.
existence, the fact free-miners
MINES AND MINERALS-contined.
MISTAKE- Continued.
Indian lands-Treaties with Indians- Sur- 3- Debtor and creditor-Payment ccord render Indian rights-Crown grant-Consti- and satisfaction -Mistake-P incipal and agent] tutional law-43 being pressed payment the amount Promissory note, the defendant offered to ' alconVy to the plaintiffs lot land, then shown Construction of contract-Sale of mining to plaintiffs' agent, satisfaction the claim--Breach of agreement-Reconveyancedebt.
The agent after inspecting the land, Enhanced value made report the plaintiffs but gave erroneous description of the property to be conveyed.
being instructed the plaintiffs to - Decisions Yukon Gold Commissionerobtain the conveyance, the plaintiffs' solicitor Appeals-Legislative jurisdiction.
ohservcd the mistake in the description and took the conveyance the lot which actu- 1.ally pointed out inspected at the time the made.
than year after- 12-Negligence -Defective works ways and wards, the plaintiffs the defendant the 'machinery-Proximate cause of injury-Fault note and pleaded accord and satisfaction of fellow-workman-Mining regulation.
664!conveyance the land.
In their reply the &.e
12.plaintiffs alleged that the property conveyed Seewas not that which had been accepted by them at the trial, the plaintiff recovered judg- MISTAKE,-Action for account-A gents rent.
The full court reversed the trial court MISTAKE.C
-Atin-o judgment and dismisscd the action. turns-Comnpromise-Subsequent discovery of affirming the judgment appealed C. error-Rectirfication-Irejudice.]-P.
agent'Rep. that the plaintiffs were bound to to manage the wharf property W., and accept the lot which had to and received the rents and profits thereof, being inspected their agent satisfactioi the paid commission.
When his agency termin- debt and not recover the promissory ated unable to obtain an note.
& him and brought an action therefor which was compromised P. paying $375 giving 4--'stoms duties -Lex fori-Lex loci-Incash and note for the balance and receiving terest duties improperly levied-Mistake assignment all debts due to W. respect law-Bdpdtition-Preumption faithto the wharf property during his agency, list Acts 0.
which was prepared at the time. Shortly, before the note became due I'. discovered that, the accounts assigned to him, MORTGAGE-Debtor and creditor-Prejerhad been paid and demanded credit his note ence-tollusion-Pressure-R. B. for that
This W%. refused, and in 87-The Bank Act,
Mortaction the note P. claimed that the error gage directors Ratffication-B. C. Compaavoided the compromise and that the note was nes Acts, & that the note should rectified.
ing the judgment the Supreme Court
-Conveyance absotute form-Resulting Nova Scotia, that as it appeared that P.'s attor- tm-st-otice equitable
Estoppel ney had knowledge the error before the promise waseffected, and the compromise,
W. was prevented from going into the accounts and perhaps establishing greater liabil- MUNICIPAL CORPORATION
Principal ity the part P., W. was entitled to recover and ogent-Police constable
Negligent performonce of dity-Tiohility of mnnicipal 52 poration.]-A police not the agent the corporation which appoints 2--Insurance-Application--Beneficiary not to the position and, negligent pernamed in policy-Right to proceeds.]-Where forming duty a guardian the public through error and unknown to the insured, the peace, the corporation not responsible. beneficiary mentioned the application for insurance not named the policy nevertheless, entitled to the benefit the 2-egligence
Personal injuries insurance.
Judgment appealed reversed, and sewers-Liability of municipality-Officers Davies and Mills JJ. dissenting.
and of municipal corporation-59 55, 26, s..
(Que.).]-The' Act incorp- S. C. R. VOL. XXXIL]
MUNICIPAL CORPORATION--Con.
MUNICIPAL CORPORATION-Con. orating the Town St. Louis, gives power assessed the parish.
The municipality to the council to regulate the connection empowered to bonds, to wholly private drains with the sewers, "owners or chargeable said parish, under its corporate occupants being bound to make and establish seal and sigued the warden and secretaryconnections at their own cost, under the super- treasurer, the proceeds to used the conintendence an appointed the cornissioners for the purposes the Act. poration."
Held, affirming the judgment ap- purchased from the secretary-treasurer the pealed from, that the municipality cannot county bond signed and sealed and headed made liable for damages caused through the follows
Alnshouse Bonds,
Parish acts person permitted the council to Bathurst."
It went to state that This make such connections, is neither an certifies that the Parish Bathurst, the employee the corporation nor under its County Gloucester, Province New Brunstrol.
Louis indebted to S. Grimmer," pursuant to Act Assembly (the above 3-Intermnicipal works -- Drainage - Re- mentioned Act) etc.
In an action said moral obtruction-Municipal Act, S. bond. Reid, reversing the judgment the (Ont.)-Mun. Amendment Act, Supreme Court New Brunswick, that, not- -Report of engineer.]-In a petition was withstanding the above declaration that the presented to the Council Elizabethtown ask- parish the debtor, the County Gloucester ing for the removal dam and other obstruc- liable pay the amount due the tions to Mud Creek into which the drainage V O the township and Augusta adjoining emptied.
The Council had the creek examined an engineer who presented a report with plans and estimates the work to done and an a
Assessment and tes
Appeal-Jurisdic. estimate the cost and proportion benefit tion-Annulment of proch-rerbal-latter in to the respective lots each Township.
The controversy.J The Supreme Court Canada Council then passed by-law authorizing the has jurisdiction to entertain appeal a work to done which was afterwards set aside suit annul procs-verbal establishing pubthe ground that the removal an artificial highway notwithstanding that the obstruction was not contemplated the law the prods-verbal question mightbe to involve then in force, the Municipal Act, expenditure over $2,000 which the In the Act was amended and appellants' lands wouldbe liable for assessment fresh petition was presented to the Council the municipal corporation.
Dubois The Elizabethtown which again instructed the engi- Village of Ste.Rose R. ; The neer to examine the creek and roport.
He City ot Sherbrooke
AcManamy S. did not again examine it (its condition had not C. R.
The County Verchres v. The changed the interval) but presented to the Village of Vcrnes and Council his former report, plans, specifications The BeltTelephone Company v. The City and assessment and another by-law passed R. under which the work was done.
In an action scer The City of Sherbrooke R. to recover from Augusta its proportion the and McKay 'ihe Township of Hinch assessment : Held, affirming the judgment
R. referred the Court Appeal Ont. L. R. Strong C.J. Reburn The Parish of Anne dissenting, that the amendment in to C. R. 92) overruled.
the Municipal Act, authorized the
Council Elizabethtown to cause the work to done and claim from Augusta its proportion the cost.
Held, further, reversing said judg- 6---Cotract-Drainage Inter mit n i c ip at ment, that the report the engineer was suf- works-Guarantee- Continuing liability ficient without a fresh examination the creek and preparation new plans and a new assess- 7--Pledge-Deposit with ten der-Forfeiture 4--Municipalbond.s-Badfaith-Statuteauth- -Breach ofcontract-Municipal corporationorizing-Construction.]- An Act the New Right of action Damages-Set-off-Re.stitution Brunfwick Legislature authorized the County of thing pledged
Council Gloucester County to appoint Almshouse Commissioners for the Parish Bathurst, in said county, who might build or rent premian and workhouse the cost to
NAVIGATION.-Admiralty law-Collision NEGLIGENCE-ontinued.
-Ship at anchor -Anchor light-Look-out-being near the end board feet long Weight of evidene-Credibility-Findings of to measure the planks before they were cut. trial judge-Negligence. DomNsiox
While the saws were stopped several the workmen sat on this table, and T. going to- 2-Admiralty law-Collision-Undue speed wards the to seat slipped and -Shp i deaid-Rle 6-Neigtiu d into an opening the wbere the deal -Ship
T du509 ends were dropped being cut slipfo.ping threw out left arm which NEGLIGENCE-Personal injuries- o against the saw motion and cut In E/latUtor-Contributory negligence.] H. entered action damages against the mill-owners le'ato ina pbli buldig aterinqir the trial judge held that the latter was an elevator in a public building after inquiring boy in charge if certain gent not protecting the opening and not tenant was in his and being told he was stopping the butting saw with the others. not. He remained in the elevator while it appeal the decision the Court Review made number trips in response to calls confirming the judgment at the trial : Held, ben wen' affirming said judgmeiit, that the want proand had been in it over ten minutes when a call came from the fifth
The elevator tection the opening negligence for which went up and the passenger who had rung the owner responsible.
Held Strong tered.
H. at first making attempt to get hesitante, that was guilty out, the operator then shoved to the door tributory negligence sufficiently punish. the elevator and at the same time started the division the damages at the trial wheel which had to completely turned Held, per Sedgewick, Davies and Mills JJ. around to move the elevator.
The time reegligence could not attributed to the quired to turn the wheel would sufficient to owner the fact that the butting was permit the closing the door if shoved not stopped with the others.
a. simultaneously with the turning the wheel.
While it was being turned H., without giving 4 warning, tried to get out through the doori and, the elevator being then descending, was caught between it and the and miner was getting into the bucket which jured that died after.
In action was to lowered into the mine when owing to his administrator against the owner the the chain not being checked his weight carried building: Held, affirming the judgment ap- rapidly down and badly hurt. In pealed from N. Rep. that the acciforndageat the owers dent was entirely due to the conduct himself, and the owner was not liable.
the faulty; the man charge negligent; and that the engine and brake the bucket was lowered were not fit and Prsonal injuries - Drains and sewersproper for the purpose.
Printed rules were Liability of municipality- and enplo- posted near the mouth the pit providing of municipal corporation-59 c.
among other things that signals should s. s.s. (Que.)] The Act incorporat- given, any miner wishing to down the ing the Town St. Louis, gives power ne brought up, means bells, the to the council to regulate the connection number telling the engineer and pitman what private drains with the sewers, " owners or required.
The jury found that it not pants being bound to make and establish unusual descending to signal with the nections at their own cost, under the superand that the injued miner knew the rules intendence an appointed the cor- but had nut complied with them the poration."
Held, affirming the judgment ap- the accident.
appeal the Supreme pealed from, that the municipality cannot Court Canada judgment setting aside made liable for damages caused through the the verdict for plaintiff and ordering acts a person permitted by the council to trial Held, reversing said judgment (S make such connections, as he neither an Rep. and restoring the judgment toe employee the corporation nor under its trol.
r. Lorts.
ample evidence to support the findings the jury that defendants were negligent that San-mill-Injury workman-Opening there was contributory negligence nonfloor- Fencing-Appeal-Findings at trialthe signals the rules having, with Contributory neligence.] T. was working sent the employees and the persons sawmill at a time when the saws were stopped charge the being disregarded which in order to change any requiring to replaced. dicated their abrogation; the trial should only, the butting was left running, therefore, not have granted.
Held, fur. NEGLIGENCE-Contiuned.
ther, that the negligence causing the accident not that the persons having control those going down the mine, it was not a negligence at common law with no limit to the amount damages, but the latter must assessed under the Employees' Liability Act
R.
Dangerows Machinery-Railway-Sparks from engine-Evidence-Findings of jury-Defective construction.] Fire was discovered
S.'s farm short time after a train the Grand
Trunk Railway had passed it drawn two engines having a long, and the other a short, or medium, smoke-box.
against the company for damages it proved that the former was perfectly constructed.
witnesses considered the other defective, but nine experienced in the construction engines, swore that a larger smoke-box would have unsuited to the the engine.
The jury found that the was caused sparks from engine and they believed it from with the short smokebox; and that the said box constituted negligence in the company had not taken proper means to prevent emission sparks.
Held, affirming the judgthe Court Appeal Ont.
that the latter finding was not justified the evidence and the verdict for plaintiff at the trial was properly set aside.
Backing trains in station-yard--Findings of jury- -Operation of railway- Lights train
-Eidence.]
conductor defendant's ploy while the performance the duty which he engaged at the Windsor Station the Canadian Pacific Railway in Montreal, killed train which was being backwards in the station-yard.
There was light the rear end thelast car the train nor was there any person stationed there to give warning themovement the train.
Held, that omitting to have light the rear end the train the railway company failed in its duty and this constituted Jacie evidence negligence.
7-Negligence- Working of mines-Statutory mining regulations-R. S. N. S.
Fanlt offellow-workmn.]
The defendant pany employed competent for the superintendence their mine, and required that statutory regulations should be observed.
A labourer was sent to work in an unused balance which had not fenced or inspected and an explosion occurred from the which died.
In an action for damages
NEGLIGENCE-ontinued.
his widow : Held, reversing the judgment appealed from, Taschereau and Sedgewick JJ. dissenting, that as the company had failed to maintain the mine in a condition suitable carrying their works with reasonable safety, they were liable for the injuries sustained the employee, although the explosion may have been attributable to neglect duty fellowworkmen.
8-Operation of railway trains-Collision- Duty of enginemnan-Rules-Gontributory negligence.] rule the Grand Trunk Railway Company, " conductors and enginemen will held responsible for the violation the rules governing their trains, and they must take every precaution for the protection their trains even not provided for the rules."
rule enginemen must obey the conductor's orders as to starting their trains unless such orders involve violation the rules or endanger the train's safety, and rule forbids them leave the engine except in necessity.
Another rule provides that train must not pass from double to single track until it ascertained that all trains due which have the right way have arrived or left. was engineman a special train which was about to pass from a double to single track, and when the time for starting arrived, he asked the conductor if it was all right to knowing that the regular train passed over the single track about that time. lie received from the conductor the usual signal to start and did After proceeding about two miles his train lided with the regular train and was injured. In an action against the company for damages consequence such injury : Held, affirming the judgment the Court Appeal, that was not obliged, before starting, examine the register and ascertain for himself if the regular train had passed, that duty heing miposed the rules on the conductor alone, that he was bound to obey the conductor's order to start the train, having no reason to question its propriety, and was, therefore, not guilty contributory negligence in starting as did. 9--Operations of a dangerous nature-Supplying electric light--Insulation of electric wires. -] The defendants are company engaged in supplying electric light to consumers the City Montreal under special charter for that purpose. They placed secondary wire, which electric light was supplied to G.'s premises proximity to guy-wire used to brace primary wires another electric company, which, although ordinarily a dead wire, might dangerously charged with electricity wet weather.
The defendants' secondary wire was allowed to reinain in defective condition INI)EX.
NEGLIGENCE-Continued.
several months immediately preceding the time when the injury complained was sustained, and it was at that time insufficiently insulated at a point in proximity to the guy -wire.
While attempting to turn the light incandescent electric lamp on his premises, wet and stormy day, was struck with sensibility and died almost immediately.
an action to recover damages against the pany for negligently causing the injury : Held, affirming the judgment appealed from, that the defendants were liable for actionable negligence as they had failed to exercise the high degree skill, care and foresight required persons gaging operations a dangerous nature.
HiVE
- 10--Vis major-Driving timber -Servitude
-Watercourses - Floatable rivers - Statutory duty-53 (Que.)--Riparian rights.]
Rouge River, in the Province floatable but not navigable, and used lumbermen for bringing down sawlogs to booms in which the are collected at the mouth the river and distributed among the owners. The plaintiff constructed municipal bridge across the river near its mouth where the collecting booms are situated. The defendant and number of other lumbermen engaged in driving their mixed together, the river, did not place men at the bridge to protect it during the drive and took no precautions to prevent the formation jams their logs at the piers railway bridge which crosses the river short distance below the municipal bridge, nor did they break up a jai logs which formed there, but they abandoned the drive before the logs had been safely boomed at the river month.
The River Rouge subject to sudden freshets during heavy rains, and, on the occurrence one these freshets, the waters were penned back the jam and a quantity the were swept up stream with such force that the superstructure the municipal bridge was carried away.
In an action the municipality to recover damages from the lumbermen, jointly and severally:
affirming the judgment appealed from, the
Chief Justice and Sedgewick J. (dissenting)
, that, irrespectively any duty imposed statute, the proprietors the were liable actionable negligence account the careless manner in which the driving the logs was carried and were jointly and severally responsible in damages for the injuries caused.
Tow'ssmr or
-- Machinery in mine-Defective construction - Proximate cause of injury-Fault fellow-workman -Defectire trays, work and machinery-Verdict-Findings of fact-Practice.
-An elevator was used in defendants mine
NEGLIGENCE-Continued.
for the transportation workmen and naterials through shaft over eight hundred feet in depth. It was lowered and hoisted by means cable which ran over sheave-wheel at the top the shaft, and, to prevent accidents, guide-rails were placed along the elevator shaft and the was fitted with automatic dogs safety-clutches intended to engage upon these guide-rails and hold the cage the event the cable breaking.
The guide-rails were continued only to point about twenty feet below the sheave-wheel.
one the engineman in charge the elevator carelessly allowed the cage to ascend higher than the guide-rails and strike the sheave-wheel with such force that the cable broke and, the safety-clutches failing to act, the cage fell distance over eight hundred feet, smashed through bulkhead at the eight hundred foot level and injured the plaintiff was engaged at the work which was employed the defendants about fifty feet lower down in the shaft. In an action to recover damages for the injury sustained, the jury found that the immediate cause the injury was " the non-continuance the guide-rails " which, their opinion, " caused the safety- clutches to fail in their action, and therefore, allowed the cage to fail." reversing the judgment appealed from B.C. Rep. that the verdict rendered in favour the plaintiff ought not to have disregarded as there sufficient evidence to support the finding the jury.
LERoI refused.)
-- Admiralty latw-Collision-Undue -Ship in dejault-Rule 16-Navigation during jog.
- 13-Admiralty lat- Collision-Ship at anchor -Credibility-Findings tral judge. - -- Operation of railway-Defective machinery- Contributory negligence- Examining train-Running rules.
15---Police constable- Negligent performanc of duty-Liability corporation
- NEWSPAPER. - Mining law - Dominion Lands Act-Publication of regulations-Renew- NEWSPAPER-ontinued.
al of license-Payment royalties- Voluntary payment -R. S.
- NEW TRIAL-Special to appeal-Jurisdiction-Judge of court appealed from-R.
c. 42-Construction of statute
- NOTICE-Mining regulations--Publication- Payment of royalties-Dominion Lands Act.]
The provision The Dominion Lands
Act that regulations made thereunder shall have effect only after publication for four sue.
cessive weeks the Canada Gazette means that the regulations not into force on publication in the last the four successive issues the Gazette but only on the expiration week therefrom.
Thus where they were published for the fourth time in the issue September 4th they were not in force until the and did not affect a license granted
September 9th.-Where regulations provided that failure to pay royalties would forfeit the and notice to that effect was posted the claim and served the licensee, payment the latter under protest was not voluntary payment. v. THE to appeal to the Privy Council has
2--Conveyance of trust estate-Notice equitable owner-Estoppel.
3-Bills and notes-Conditional indorsement- Principal and agent-Knowledge agent- OATH-Adverse mineral claim-Form ofaffidavit-Right of action-Condition precedent- Blank in jurat-61 c. (B.C.)-B.C.
Supreme Court Rule of
- PARTNERSHIP-Account--Action pro socio
-Procedure-Art. 0.]
The judgment appealed from that in an action pro it sufficient for the plaintiff in his statement
PARTNERSHIP-Continued.
claim to allege facts that would justify inquiry into all the affairs the partnership and for the liquidation the same, without producing fuil and regular accunts the partnership affairs. Held, that the appeal involved merely question procedure a matter where the appellant had suffered wrong and, therefcre, that the appeal should dismissed. PAYMENT-Money paid- Voluntary payment-Insolvency debtor-Action assignee -Status.]
trader, in August, procured the consent in writing his creditors to ing March.
V., one the creditors, insisted part at maturity, part that at trial that better
J.-As locus standi in curid.
2--Mining regulations-Dominion Lands Act -Payment of Royalties- Voluntary payment.] latter (Leave granted to appeal to Privy Council.) Li/e insurance-Condition of policy-Payment of first premium-Delivery of policy-A rt. 4--ustoms duties -Lex loci-- Interest on duties impropery levied-Mistake law-Rdpdtition- Presumption of goodfaith-Arts. PAYMENT -Continued.
I PLEDGE- Continued.
Debtor and creditor-Accord and satisfac- their contract.
After the transfer, however, tion-Mistake-Principal and agent the companies supplying gas the city duced the rates to price below that mentioned in the tender far the city supply PENALTY -Statutory statute- Wholesale pnrchase- Guarantee-Vali- were higher than the price mentioned the dity of contract - Forjeiture - Nova Scotia contract.
Held, that the deposit made Liquor License Act -Practice pledge subject to the provisions the teauth title the Civil Canada and which, in the absence any express stipulation, could not retained the PLAN-Mines and minerals-Adverse claimpledgee, and that, the city hadappropriated Form action-Condition precedent-Necessity of actual survey-t.. S. B. c.
authority, the ecurity was gone the act 87--R. B.
the creditor and the debtor entitled to its restitution although the obligation for which the security had given had not been MINERALS executed.
cross-demand the defend- -ubsitutd cpy-against the plaintiff's :Held, that, the Discretion of court below-Appeal-Jursd city not obliged to pay rates the contract, damage could recovered respect to the obligation to supply th city; and that the breach tract respect to supplying the public did not 2-Pled-eoi wiht/e-Freituregive the corporation any right action 2 Pege-Depo-sit with tender-Foreiu - Breach of contract - Municipal corporation -damages suffered the citizens individually. Right of action--Damages-Set-off-Restitution Held, further, that prospective damages which of pledged-Practice of the city Irregularity of issue in trial court
-the pipes actually laid and abandon- 2.in compensation the for the return the deposit.
The court also decided that, following its usual practice, it would not, the appeal, interfere with the action the corsbelow matterg mere procedure PLEDGE-Deposit with tender-Forfeitures injustice appeared have been suf- Breach of contract-Municipal Corporation ftred in consequence although there might of action-Damages- Compensation irregularities the issues joined which and set-of-Restitution demande different the matter actually in contro- Practice appeal-Irregular behalf J. & a firm contractors which he was member, deposited a . POLICE OFFICER -Principal and agentmoney with the City Montreal a guaran- Police constable Negligent per/ormance of duty tee the faith J. & tendering
Liability of municipal corporation.] Apolice to supply gas for illuminating and other pur- not the agent the municipal poses to the city and the general public within poration which appoints him to the position the city limits at certain fixed rates, lower and, negligent performing his duties than those previously charged companies guardian the public peace, the corporasupplying such gas Montreal, and for the tion not responsible.
V. OF due fulfilment the firm's contract entered MoN- - - - into according to the tender.
After the struction works and laying pipes
Time Urnit-Breach of contract-Daragesthe public streets, J. & transferred their C rights and privileges under the contract to action
PRACTICE-totrorerted elecion-Trial of petition-Extension qi time-Appeal-Jurisdictiou.]-On PRACTICE-Continued.
PRACTICE-Continued.
petition against the appellant's return as actually controversy.
member the House Commons for Beauharnois thirty days after judgment should given the Supreme Court an appeal then pend- 5-Special app ing from the decision preliminary objections /u~ed inprovincial court-S to the petition.
Such judgment was given -60 & c. (D.).]- 29th October and 19th November, appli- Caada will not enterta cation the petitioner for instructions, another special appeal n order was made the said judge which declared (1.) after similar applic that juridical days only should counted in the Court Appeal computing the said thirty days, stating that fused.
such was theameaning the order 25th May, and that 6th December would the date the petition coming for trial 6-Epropriation of 1(
6th December appellant moved for peremption duction of damage-Prev on the ground that the six months limit for
W hearing had expired.
The motion was refused and the merits the election was declared 1-Appeal-Jrisdictioi void. appeal to the Supreme Court: Held, cis-verbal-Matte, in contr
Davies J. (dissenting)
, that an appeal would not lie from the order 19th November ; that the judge had power to make such order, and its was to extend the time for trial to 6th 8d-ining law-Locatio
December; and that the order peremption Certificate workwas, therefore, rightly refused.
of evidence
2-Partnership-Account-Ation pro5socioelderse mineralpai
Procedure-Art. C.]-The judgment affidaait-Right of actionappealed from held that an action pro
.
-Necessity of actual sufficient the plaintiffin his statement R. B.
to allege facts that would justify an c. s. 16-61 c inquiry into all the affairs the partnership
Supreme Court Ile and for the liquidation the same, without producing and regular accounts of the
AFIAVT partnership affairs : Held, that the appeal volved merely question procedure
Appeal-Evidence matter where the appellant had suffered Findings offact wrong and, therefore, that the appeal should bedismissed.
3-Appeal6Question of procedure- Verdict PRINCIPAL AND A evidece. ]-The Supreme Court Bills and notes-ondit
Canada refused to interfere with decision Koledge agent-C the Court Appeal Ontario matter Deceit.]- promissory procedure, namely, whether verdict jury the express understaudi general special verdict.
The court only available upon refused disturb the verdict the ground certain condition that it against the weight evidence after indorser where the conditi it had been the trial judge and the
Pym Campbell
Court Appeal.
lowed.-The principal the agent unless it appears actually implicated fr
4--Issues, irregudarly joined-Procedure i pal and it not trial court-Interference appeal.]--Ths Su- that the agent pree Court Canada not, appeal h terfere with the action the courts
-e is princal.
matters mere procedure where injustice appears have been suffered in comequeace although there might irregularities the joined which brought before the trial 2-Police constable
Ne courtademandealmost different the matter of duty- Liability ofmnic eal-Application reubsequent application The Supreme Court an application der & V. c. ation has been made leave has been reand-Valuation-Re- -Annulment of prooversy n of mining claimst location-Reception a-Form of plan and Condition precedent y-Blank in jurat- 37-R. B. s. (B.C.)-B. o support verdict- GENT-Bankingional indorsementonstructive noticenote indorsed ng that it the happening binding upon the has not been ful- E. & folnotice to that the agent upon the princit for the holder to interest in deceiving Watson Bank of Nova Scotia gligent performance cipal corporation.]- PRINCIPAL AND AGENT-Continued.
PROCEDURE.
pal corporation which appoints him to the posiduty as guardian the public peace, the PROCbS-VERBAL
Jurisdiction corporation is not responsible.
-Annulment of procds-verbal-Matter in 106 troversy
3- Vendor and purchaser-Sale of land- Authority agent-Price sale.]--M.
an undivided three-quarter interest in land at Sault Ste. Marie, telegraphed to her solicitor PROMISSORY NOTE.
at that place " Sell possible, writing particulars; will give you good commission."
agreed to purchase it for and the solicitor PUBLICATION-Mining law
Royaltiestelegraphed " Will you sell three-quarter Dominion Lands Act-Publication of regulainterest sixty-seven acre parcel, Korah, for tions-Renewal of license-Payment of royalties hundred, half cash, balance year ? Wire stat- Voluntary payment-B. c. offer suggested.
Am writing particulars ;
await letter."
The same day she the solicitor, " Telegram received.
I will cept $600, $300 cash and with interest at' year. This payment I may say must PUBLIC OFFICER
Contract a marked cheque at par for minus your Right of action-Solicitor and client-B. commission and balance secured."
115--nquiry as public matters-Re- This property was encumbered to the extent muneration of commissioner-Quantum meruit.] over and the solicitor deducted amount from the purchase money and sent the balance which she refused to accept. He 2--Police constable -Negligence-Liability also took conveyance to himself from the municipal corporation former owner paying the mortgage held the latter.
performance the contract to sell : Held, 3--Officers and employees of municipal corpoaffirming the judgment the Court Appeal, ration-Licence drains with that the only authority the solicitor had from -Supervision
Held further, that the conveyance to the solici- PUBLIC POLICY- Will-Condition legacy -Religious liberty-Restrictions as marriage alone.
Education Exclusion from succession.-In the Province the English law governs 4-Negligence - Personal injuries - Drains the subject testamentary dispositions, and, and sewers-Liability of Municipality-Officers therefore, that province, testator may validand of corporation-59 of condition-Policy offire insurance-Proofs of
Waiver-Acts of Gift-Confidential relation-?arent and child-Public
The Companies Act, (B.C.) and amendment-Construction statute-HMemorandum ot association-- C'ondi- Debtor and creditor-Payment-A ccord tions imposed atute-Preference stock-Elecand satisfaction-Mistake-Principal directors. ]-In agent's report
'ino agen's rport651ciation joint stock company formed under PUBLIC POLICY-Continued.
panies Act, " and its amendment in there was a clause purporting to give to the holders a certain block shares being a minority the capital stock issued, theright at each election the board directors to elect three the directors or trustees for the management the business the company, notwithstanding anything contained in the Act.
Held, that the shares to which such privilege was sought to be attached could not considered preference shares within the meaning the statute, and that such an agreement was ultra vires the powers confirmed the statute, and null and being repugnant to the conditions as to elections trustees and directors imposed the Act matters public policy.
appealed from Rep. reversed.
3-Gift-Conjidential relatons-Parent and child-Principal and agent
PUBLIC WORKS--Expropriation of land
Crown expropriated land L. and had appraised valuators who assessed it at which was tendered to L. who refused and brought suit Petition Right for a larger sum compensation.
The Exchequer
Court awarded him appeal by the
Crown: Held, reversing the judgment appealed
Gironard J. (dissenting)
, that the evidence given on the trial the petition showed that the assessed the valuators was very generous compensation to L. for the his land and the increase the judgment appealed from was not justified.- The court, while considering that sum than that fixed the valuators should not be given this case pressly stated that the same course would iot necessarily followed in future cases the
2--Breach contract - Appropriation plant-Damages and interest.
- QUANTUM MERUIT-Crown-Contract- Right of action-Public officer-Solicitor and client-R. 115-Inquiry as 'to public matters-Remuneration commissioner.]
RAILWAYS-Operation trains--Negligence
-Sparks Jrom railway engine-Evidence-Findings of jury-Defective construction. ]-Fire was discovered J's farm a short time after a train the Grand Trunk Railway had passed drawn two engines one having long, and
RAILWAYS-Continued.
the other a short, or medium, smoke-box. an action against the company for damages it was proved that the former was perfectly structed.
Two witnesses considered the other defective, but nine men, experienced the construction engines, swore that a larger smokebox would have unsuited to the the engine. The jury found that the fire was caused sparks from one engine and they believed was from that with the short smoke-box; and that the use said box constituted negligence the company which had not taken the proper means to prevent emission sparks. Held, affirming the judgment the Court Appeal Ont. R. that the latter finding was not justified the evidence and the verdict for plaintiff at the trial properly set aside. V. Co. Backing trains in station yard -Ne gligence-Findings of jury-Operation of railway -Lights on train-Evidence.]-A conductor defendant's employ, while engaged in the performance the duty for which was employed at the Windsor Station Canadian Pacific Railway in Montreal, was killed a train which was being moved backwards the station-yard.
There was no light the rear end the last car the train nor was there any person stationed there to give warning the movement the train. that omitting to have a light on the rear the train the railway company failed in its duty and this constituted primdefacie evidence 3--Operation of trains-Negligence-Collision - Duty of engineman - Rules - Contributory negligence.]-By rule the Grand Trunk Railway Company, " conductors and enginemen will be held responsible for the violation any the rules governing their trains, and they must take every precaution for the protection their trains even if not provided the rules."
rule enginemen must obey the conductor's orders to starting their trains unless such orders involve violation the rules or endanger the train's safety, and rule forbids them to leave the engine except in case necessity.
Another rule provides that a train must not pass from double to single track until it ascertained that all trains due which have the right way have arrived left.
was engineman special train which was about to pass from a double to a single track and when the time for starting arrived he asked the conductor it was all right to go, knowing that the regular train passed over the single track about that time. He received from the conductor the usual signal to start and did
After proceeding about RAILWAYS-Continued.
[REGULATIONS-Continued.
two miles his train collided with the regular newal of license-Payment royalties-Volun. train and he was injured.
In an action against tary payment-R. the company for damages in consequence such injury : Held, affirming the judgment the Court Appeal, that was not obliged, ascertain for himself the regular train had passed, that duty being imposed the rules RELIGION- Will-Condition legacy-Peon the conductor alone, that was bound to ligious liberty-Restriction as marriage-Ednobey the conductor's order to start the train, cation from succession Public policy negligence in starting as did.
RENUNCIATION- Interdiction - Marriage 4--Construction of Railway Act-Tramway laws-Dower-Registry laws-Sher s for transportation of materials-Expropriation Waranty-Succession--Donation.] Per Tas- V. Edw. VII. c. (D.).] cherean J.
Neither the vendor nor his heirs, -The place where materials are found referred who have not renounced the his to in the one hundred and fourteenth section iversal donees, who have accepted the dona- "The Railway Act " means the spot where the tne t stone, gravel, earth, sand or water required for title for which such vendor has given warranty. the construction or maintenance railways are naturally situated and not any other place to which they may have been subsequently transported.
Per Taschereau ant Girouard jj.- REPETITION-Customs duties-Lex fori- The provisions the one hundred and four- Interest duties improperly levied-Mistake teenth section "The Railway Act" confer law-Presumption of fith-Arts. upon railway companies servitude consisting C.-583 merely the right passage and do not fer any right to expropriate lands required laying the tracks a tramway for the trans- RIPARIAN RIGHTS-Yeglqence maportation materials to used for the pur- jor-Driving tintber Servitude--Watercourses poses construction.
r. -Floatable rivers-Statutory duty-53 c. 5--Operation of railway-Defective machinery
-Contributory negligence-Disobeying orders- Running rules. v.
R ajor-Driving timberServitude- Water- 721courses Floatable rivers-Statutory duty-53 V. c. (Que.)-Riparion rights.] The Rouge REGISTRY LAWS-Interdiction-Marriage River, in the Province floatable laws-Do wer-Shcrif's Sale- Warranty-Suc- but not navigable and used lumbermen cession-Renunciation-Interdiction.] The re- for bringing down sawlogs to which gistration notice to charge lands with cus- the logs are collected at the month the river tomary dower must, pain nullity, ac- and distributed among the owners.
The plaincunipanied byacriiaeoftemrig l tiff constructed municipal bridge across the cmaidby certificate the marriage respect which the dower claimed and river near its mouth where the collecting must also contain a description sufficient to are situated.
The defendant and number identify the lands sought to affected.-A other lumbermen engaged in driving their sale sheriff under execution against debtor mixed together, down the river, did not place in possession an immovable under apparent men at the bridge to protect during the drive apparent title discharges the property from and took precautions to prevent the formacustomary dower which has not been effectively jams the preserved registration validly made under way bridge which the river a short disthe provisions Art. the Civil Code. tance below the municipal bridge, nor did they 541'break up jam logs which formed there, but they abandoned the drive before the had REGULATIONS
Mining law
Dominion safely boomed at the river mouth. ReRouge subject sudden fresets dur- Lands Act-Publication of regulations - Re- ing heavy rains, and, the occurrence RIVERS AND STREAMS-Continued.
these freshets, the waters were penned back by the jam and a quantity the logs were swept stream with such force that the superstructure the municipal bridge was carried away.
In an action the municipality to recover damages from the lumbermen, jointly severally : Held, affirming the judgment ap.
pealed from, the Chief Justice and Sedgwick J.
dissenting, that, irrespectively any duty imposed statute, the proprietors the logs were liable for actionable negligence account the careless manner in which the driving the logs was carried and were jointly and
Held that right streams not paramount right but an easement which must be enjoyed with such care, skill and diligence as may be necessary to prevent injury to or interference with the concurrent rights riparian proprietors and public corporations entitled to bridge or otherwise
ROYALTIES--Mining law-Dominion Lands
Publication of regulations-Renewal of license- Payment of royalties- Voluntary paynent-R.
S. C.
SALE-Sale of land-Conveyance absolute in form-Mortgage - Resulting trust - Notice to equitable owner - Estoppel
Inquiry.]
transferee an interest in lands under strument absolute on its face, although in fact trust
2-Vendor and purchaser-Principal and agent-Sale of land-Authority agent-Price of sale.] owner an undivided threeat that particulars;
for and the solicitor telegraphed " Will ance year?
Wire stating commission."
replied "Will accept suggested.
Am writing particulars; await my letter.
same day she wrote the solicitor, "Telegram received.
I will accept cash
SALE-Continued.
secured."
The property incumbered to the extent over and the solicitor ducted this amount from the purchase money and sent the balance which she refused to accept.
He also took conveyance to himself from the former owner paying the mortgage held by the latter. In an action against specific performance the contract to sell: -Held, affirming the judgment the Court had from was to sell her interest for and the attempted sale for a sum was no effect.
Held further, that the conveyance to the solicitor the former owner was for benefit alone.
3--Delivery of goods sold-" At " shed- "Into" shed or grounds adjacent
- 4--Construction of contract-Sale of mining claim-Breach of agreement - Reconveyance -- 5--Interdiction-Mai riage lavs-Authorisalawos-Sheriff's sale- Warranty - Succession- Succession-Renunciation-Donation - Debtor and creditors--Payment-Accord and satisfaction-Sale of land-Mistake in designation of property-Principal and agent 7--Contract correspondence-Post letter- Time limit-Term for delivery-Breach of tract-Damages-Counterclaim-Condition precedent-Right of
SERVITUDE. --- Floatable rivers - Driving Riparian rights rivers and streams not a paramount right but an easement which must be enjoyed with care, skill and diligence may necessary to prevent injury to or interference with the current rights riparian proprietors andM public corporations entitled to bridge or other-W wise make use such watercourses. SET-orF--Pledge with tender- Forfeiture-Breach contract--Municipal Corporation-Right of action-Damages-Compensation and set of-Restitution of thing pledged 1966, 1969, 1971, 1972, 1975, C. .- 75a SET-OFF-Continued.
SHAREHOLDER-Companylaw-The Practice on appeal-Irregular procedure.] 'anies Act, (B.C.) and amendment-Con. on behalf J. & a firm contractors struction of statute-Memorandum association of which he was member, deposited sum -Conditions imposed statute-Public policy money with the City Montreal as a guaran- -Preference stock-Election directors. tee the faith J. & in tendering to supply gas for illuminating and other purposes to the city and the general public within' the city limits at certain fixed rates, lower than those previously charged companies supplying such gas in Montreal, and for the due ful- SHERIF-Marriage laws-Dower-Registry filment the firm's contract entered into accord- laws- Warranty-Succesion
Renunciationingto the tender. After the construction some Donation-Interdiction.] Asalebythe sheriff works and laying pipes in the public streets under execution against debtor in possession J. & transferred their rights and privi- iminoveable under apparent title disleges under the contract to another company charges the property from customary dower and ceased operations.
The plaintiff, after- which has not effectively preserved wards, as assignee demanded the return registration validly made under the provisions the deposit which was refused the city art. the Civil
1'. and declare the same confiscated to the city non-execution by J. & their contract. 2-Mines and minerals--Free-miner's After the transfer, however, the companies cate-Annual renewals-Special renewalssupplying gas in the city reduced the rates to ing of interest in co-owners-Sheriff under price below that mentioned the tender far exection-R. B. C. c. 34-62 as the city supply was affected, although the c.45,ss 4- R. B. c. 72,ss. rates charged to citizens were higher than the 244
The sheriff the interest mineral price mentioned the contract.
Held, that locations held an execution debtor in the deposit made was a pledge subject to the ownership with another free-miner and, prior provisions the sixteenth title the Civil to sale under the execution, the debtor allowed Code Lower Canada and which, in the ab- his free-miner's license to lapse.
special sence any express stipulation, not certificate in the debtor' name was subsequently retained the pledgee, and that as the city procured the sheriff under the provisions had appropriated the thing pledged to its the fourth-section the " NlineralAct Amenduse without authority, the security was gone ment Act, and it was contended that the the act the creditor and the debter was debtor's interest had been thus revived and entitled to its restitution although the obliga- vested him subject the execution. tion for which the security had been given had that upon the lapse the free-miner's certiflnot been executed.-On a cross-demand the'cate the interest question had, the defendant for damages, to be set-off in compen- statute, become absolutely vested the sation against the plaintiff's claim : Held, that, owner and could not thereafter revived and as the city had not been obliged to pay rates in re-vested in the judgment debtor the issue excess those by the contract, no dam- special certificate. Judgment appealed from age could be recovered in respect to the obli- Rep.
affirmed, Sedgewick J. city; that dissenting.
did not give the corporation any right action for damages suffered the citizens individu- SHIPS. -Custoins duties-Duties goodsally.
Held, further, that prospective damages Foreign built ships-Customs Tariff Act s. which might result from the occupation the 4.]A foreign-built ship owned in Canada city streets the pipes actually laid and aban- which been given certificate from Britdoned were too remote and uncertain to set- (onsul and into Canada for puroff in compensation the claim for the return the deposit.- The court also decided that, libeo duty under
4 the C s following its usual practice, it would not, Taiff Act, 1897.-A taxing Act not to the appeal, interfere with the action the construed differently from any other statute. R'wAv where injustice appeared to have been sufferin consequence although there might irregularities in the issues joined which 2.-Carriage of goods-Bill of lading-Linibrought before the trial court demande almost tation time for suit-Damages Irom unsea- <ifferent from the matter actually in controversy. worth iness-onstruction oJ contract
37g FNiS
BA.
SHIPS-Continued.
3--Admiralty law-Collision -Ship at anchor gence.]-DomNioN
4--Admiralty law-Collision- Undue
-Ship in default-Rule 16-Navigation during fog.]-S.
SOLICITOR-Crown-Contract-Right of action-Solicitor and client-R. S.
Inquiry as public matters--Remuneration of commissioner-Quantum meruit.]-TucxuR
SPECIFIC PERFORMANCE- Vendor and purchaser-Principal and agent-Sale of lands
-Authority agent-Price of sale-Resulting trust-Conveyance to agent
- -- STATUTE - Statutory prohibition statute- purchase-Guaratee-Validity of contract Forfeiture Nova Scotia
Liquor License Act-Practice.] agreement guaranteeing payment the price intoxicating liquors contrary to statutory prohibition effect. -- The imposition a penalty for the contravention statute avoids a contract entered into against the provisions of statute.
2-Construction -Negligence - Personal injuries - Drains and sewers-Liability of municipality-Officers and employees municipal corporation-59
55, gives power to the council to regulate the connection private drains with the sewers, " owners or occupants being bound to make and establish connections at their cost, un'der the superintendency an appointed the corporation."
ing the judgment appealed from, that the municipality cannot made liable for damacaused through the acts a person permitted the council to make such as neither an employee the corporation nor under its control.
Louis
Taing Act-Oustoms' dues-Duties goods-Foreign built ships-Customs' TarifActs, s. 4.]
foreign-built ship owned Canada which has been given a certificate from British Consul and into Canada for the purbeing registered Canadian ship liable to duty under section 4 the Custom's
Tariff Act, taxing Act not to be
STUTUTE-Continued.
statute. 4-Construction of c. (N. B.)- Municipal bond- Form-Statute authorizing.] An Act the New Brunswick Legislature authorized the County Council Gloucester County to appoint Almshouse Commissioners might build or rent premises for an almshouse issue bonds, to wholly chargeable said parish, under its corporate seal and signed ceeds to used the commissioners for the and sealed and headed follows: "Almshouse Bonds, Parish Bathurst."
It went on to state that This certifies that the Parish Bathurst, in the County Gloucester, Province New Brunswick, is indebted to George Assembly (the above mentioned Act) etc. an action said bond.
Held, reversing the judgment the Supreme Court New Brunswick, that notwithstanding the above declaration that the parish was the debtor, the County Gloucester was liable to pay the aniount
5-Construction of c. (N. B.)-Act securing of life insurance to and children-Accident insurance.] Per Sedgewick J.
The New Brunswick Act Vict. for securing to wives and children the life insurance applies to accident insurance as well as to straight life insurance. 6.--Appeals in Ontario cases-Construction of-60 & (D)--Quashing by-law- Court from judgments the Court Appeal provisions & Vict. and no appeal lies as right unless given that Act. U. 7--Construction of & V. (D)- Appeals from Ontario courts--Appeal in criminal case.] The Act the Dominion Parlia- Appeal for Ontario to the Supreme Court Criminal appeals are still regulated the provisions the Criminal
STATUTE-Continued.
STATUTE OF FRAUDS-Debtor and credi- 8--Company law-" The
Companies Act. tor-Preference Pressure-R. B. (B.C.) and amendment-Construction of 86,87-The Bank Act statute-Memorandum of association -Condi- Mortgage directors-Batfication-B. tions imposed statute-Public policy-Pre- Companies Acts, & ference stock-Election thememorandum association joint stock company formed under the provisions the British
P
F aS . Columbia "Companies and its (
87-Th e
Ac
S. amendment in there was a clause purporting to give to the holders a certain block pany law-Mortgage directors-Batification shares, being minority the capital stock
B. Companies Acts, 1892; issued, the right at each .lection the board directors elect three the directors
T
E-14 11,
S. (Imp.) or trustees for the management the business ifes the company, notwithstanding anything ac contained in the Act.
Held, that the shares to could not be considered preference shares within the meaning the statute, and the agreement 2-R.
C. (Inquiries as pubtic directors imposed the Act as matters matters)
public policy.
Judgment appealed from
Rep. reversed.
al. al 679 4-PR.
. (Investigations Bnde- oath) 9--Effect of statute- Wagering policy-Endowment-Return of premiums paid - 10--Construction of statute--MunicipalA mendment Act, (Ont.)
11--Construction of B. C. Mineral Act
Location of mining claim-Approximate bearing
-Mis-statement-Minerals in place
12--Construction of B. "Mineral Act "- R. S. B. c. 135-Location of mining claim- Certificate of work-Evidence to impugn
13--Construction of statute-Mines and minerals-Free- miner's certificate- nnual renewals
-Special renewal-Vesting of interest in owners-Sheriff-Levy under execution-R.
B. C. 34-62 V.
4-R. B. ss.
- 14--Construction of statute-Special leave to appeal-" Judge of Court Appealed from "- Jurisdiction-R.
- 5--R.
S. C. c. (Special leave 6--51 V. [Railways] 7- V. (The Bank Act) -60 & c. (Customs Tariff) 60 & 34,s. 1 [D.] (Appeals Supreme Court of Canada)
&
(D.) [Appeal from Ontario courts]
- - 457, 480 & c (Yukon appeals) Edw. VII. (D.) [Railways] 13--2 Edw. VII. (Yukon appeals) 575 STATUTES-ontinued.
14--46 (Drainage)
15-49 s. (Drainage).
R. S. 0 (Drainage).
17-63 V. c. [Ont.] (Industrial
18-44 & V. (Dower and Servitudes)
- --- c. (Dower and Servi- V. c. (Dower and Servi- V. (Driving timber).
and
24-.
S. N. c. (Mining Regula- 25-41 B.) [Bathurst Almshouse]----------------W5
26-58 B.) [Act securing life insurance wives and children].
44V
27-R.
S. B. c. (Oaths.)
28-R.
S. B. (Execution.)
29-.
S. B. (Fraudulent
STATUTES-Continued.
30-R.
S. B.
c. (Fraudulent R. S. B. (Mines and Minerals)
c. (Location of mineral claims)
- 371, 417 37(Adversing mineral
(B.
["Companies Act, V. (B.
[Joint Stock Companies]
36--54 [Joint stock companies] 37--55 V. c. [Joint stock companies] c. [Joint stock companies] [Joint companies] 40--61 V. (B.C.) (Adverse msneral 41--62 V. c. ss. [Mines and minerals]- --- - - STOCK-Company law-The Companies Act, (B. and amendment-Construction statute-Memorandum of association- Conditions imposed statute-- -Public policy- Preference stock-Election
INI)EX.
SUCCESSION-Renunciation of succession- Warranty
Donation-Authorisation
Interdiction Marriage laws -Registry laws
-Sherif's sale-Arts. Per
Taschereau J.-Neither the vendor nor heirs, who have not renounced the succession, nor his universal donees, who have accepted the donation, can any ground whatever, attack title for which the vendor has given warranty.
SURVEY
Mines and minerals Adverse claim-Form of plan-Right of action-Condition precedent-Necessity of actual survey- R.S.B.C. c. 37-R. B.
TARIFF ACT-Customs duties-Duties goods-Foreign built ships-Customs Tarif Act,
TAXATION- Customs duties--Duties on goods
-Foreign built ship-Customs TariffAct, s.
TENDER--Pledge-Deposit with tender- Forfeiture-Breach of contract-Municipal corporation -Right of action-Restitution of thing
TITLE TO LAND--Indian lands-Treaties with Indians-Surrender of Indian rights
-Mines and minerals-Orown grant-Constitutional law-43 c. (D).]--The Indian
Treaty provided that certain reserves surrendered were to administered by the
Dominion Canada for the benefit the
Indians.
In part one these reserves was surrendered to The Queen under the Indian
Act in trust for sale on such terms the Dominion might deem conducive to the benefit the Indians and from this the lands in question were granted the Dominion to the plaintiff company, including the precious metals therein. Defendants asserted title under grant from the Ontario Government in
At the treaty the commissioners represented to the Indians that they would entitled to the benefit any minerals that might discovered on the reserves then sur- TITLE TO LAND-Continued.
rendered.
The judgment appealed from 0. R. affirmed the Chancellor's judgment 0. R. which held that, after the surrender in the title to the land and minerals could only obtained from the Government Ontario; that with the royal mines and minerals the Indians had no concern; that the Dominion could make no valid stipulation with them affecting the rights Ontario;and further, that province is not to be held bound alleged acts acquiescence council or other authentic testimony. This decision was affirmed the Supreme Court Canada, Gwyne J.
dissenting.
2- Sale of land-Conveyance absolute injorm -Mortgage-ResultinU trust -Notice to equitable owner- Estoppel-Inquiry.]-The transferee lute its face, although in fact burthened trust Interdiction-Marriage laws-Authorizalaws-Sherif's sale- Warranty- Succession- Renunciation--Donation interdict--A C.-44 & V. 16-46 25-47 charges the property from customary dower Code.-Per J.-Neither attack title TITLE TO LAND-ontinued.
4-onstruction of contract-Sale of mining claim-Breach of agreement-Conveyance-En- TRADE MARKS - Infringement-Use corporate name-Fraud and deceit-Evidence.]
The plaintiffs, incorporated in the United
States America, have done business there and in Canada manufacturing and dealing in india rubber boots and shoes under the name " The Boston Rubber Shoe pany " having trade line their manufactures marked with the impression their corporate name, used a trade-mark, known as " Bostous," which had acquired a favourable reputation.
This trade-mark was registered in
Canada, in
The defendants were incorporated in Canada, the name " The
Boston Rubber Company Montreal," and manufactured and dealt in similar to those manufactured and sold the plaintiffs, grade which was impressed the defendants' corporate name, these goods being referred to in their price lists, catalogues and advertisements " Bostons," and the pany's name frequently mentioned therein the " Boston Rubber Company " without the addition "Montreal."
In an action to restrain defendants from the use such mark or any similar the question.
TRAMWAY-Continued.
panies a servitude consisting merely in the right passage and do not confer any right to expropriate lands required for laying the tracks a tramway for the transportation materials to used for the purpose construction. CO. Roy
TREATIES - Indian land - Surrender Indian rights-Mines and Minerals-Crown grant-Constitutional law-43 V. (D) TRESPASS-Staking mineral claims-Hydraulic concessions-Annulment of prior lease- Right of action-Status of adverse claimants TRUST-Sale of trust estate- Conveyance in form
Mortgage
Notice-Estoppel
Vendor and purchaser-Principal and agent -Sale of lands-authority agent-Price 01 sale-Resulting trust-Conveyance to agent infringement on the plaintiffs' registered trade- VENDOR AND PURCHASER Specific mark : Held, reversing the judgment appealed performance-Principal and agent-Sale land from (7 Ex. R. that under the circum- -Authority agent-Price sale.] Mowner stances, defendants' use their corporate undivided three-quarter interest in land name in the manner described was fraudulent at Saul Ste. Marie, telegraphed to her solicitor infringement plaintiffs' registered trade- at that place "Sell possible, writing particumark calculated to deceive the public and to lars ; will give you commission." obtain sales their own goods as if they were agreed to purchase it for and the solicitor plaintiffs' manufactures, and, consequently, telegraphed
Will you sell three-quarter that the plaintiffs were entitled to injune- interest sixty-seven acre parcel, Korah, six tion restraining the defendants from using their hun'lred, half balance year? Wire stating corporate as mark their goods commission."
replied
Will accept manufactured in Canada.
BosmoST RB suggested.
writing particulars; await letter."
The same day she wrote the solicitor, "Telegram received.
I will accept and with interest at year. This TRAMWAY
Railways - Construction of payment say must marked cheque at statute-Tram tay for transportation of mater- par for your commission and ials-Expropriation-54 V. (D.)-balance secured."
The property was Edw. 711. (D.)]
The place where encumbered to the extent over and the solicitor deducted this amount from the purred and fourteenth section " The Railway chase money and sent the balance which she Act ", means the spot where the stone, gravel, refused to accept.
He took conveyance earth, sand or water required for the construc- to himself the former owner paying the tion or maintenance railways are naturally mortgage held the latter.
situated, and not any other place to which I against for performance the they have been subsequently transported- Per contract to
Held, affirming the judgment Taschereau and Gironard JJ.-The provisions the Court Appeal, that the only authority the one hundred and fourteenth section the solicitor had from M. was to her interest "1The Act" confer upon railway copnet and the attempted for a less VENDOR AND PURCHASER-Con.
sum was
Held further, that the conifeyance to the solicitor the former owner was for M.'s benefit alone.
2--Interdiction-Alarriage laws-Authorisa laws-Sherif's sale- Warranty - Succession - Renunciation-Donation
- - VERDICT-Appeal-Question procedure- Verdict of jury-Weight of evidence.]
Supreme Court Canada refused to interfere with a decision the Court Appeal
Ontario in the matter procedure, namely, whether a verdict a jury was general special verdict. -The court also refused to disturb the verdict on the ground that it against the weight evidence after it had been affirmed the trial judge and the Court
Vegligence-Railway-Sparks engine
-Evidence-Findings of jury-Dejective struction.] Fire was discovered on J.'s farm a
Railway had passed it drawn two engines having long, and the other a short, medium, smoke-box.
In an action against the company for damages it was proved that the former was perfectly constructed.
Two witnesses considered the other defective, but nine men, experienced in the construction engines, swore that larger smoke-box would had unsuited to the the engine.
The jury found that the was caused sparks from one engine and they believed it was from that with the short smoke-box ; and that the use said box constituted negligence in the company which had not taken the proper means to prevent emission sparks.
Held, affirming the judgment the Court Appeal Ont. L.R.
that the latter finding was not justified the evidence and the verdict for plaintiff at the
3-Negligence-Machinery in construction-Proxiniate cause of injury-Fault oJfellowi-rorkman-Defectire ways, works and machinery- Verdict-Findings of fact-Prac tice.]
VERDICT-Continued.
of the cable breaking.
The guide-rails were continued only to a point about twenty feet below the sheave wheel.
one occasion the engineman charge the elevator carelessly allowed the cage to ascend higher than the guide-rails and strike the sheave wheel with such force that the cable broke and, the safety clutches failing to act, the fell distance over eight hundred feet, smashed through a bulkhead at the eight hundred foot level and injury jury. Lt
VIS MAJOR -Negligence-Driring timber- Serritude- Water courses-Floatable rivers- Statutory duty-53 F. (Que.)-Riparian WAIVER - Fire insurance - Condition policy-Proof of Waiver-A of An insurance company cannot presumed WARRANTY -Interdiction- Marriage laws -Dower-Registry laws-Sheriff's sale -Suc- Renunciation- Donation.]-Per Taschetitle materials through shaft over eight hundred feet depth. It was lowered and hoisted nge-Rerornl of obstruction Municipal Act, (Ot.)Municipal Aundlnent Act, WATER COURSES-Continued.
2-Negligence-Vis major- -Driving timber- Servitude-Floatable rivers- Statutory duty- V. (Que.)-Riparian rights
- WILL-Execution of will-Capacity of testator
-Insane delusion.]-F. in executed will providing generously for his wife and making his residuary legatee.
In he revoked this will and executed another which the provision for his wife was reduced, but still leaving sufficient for her support, and the was given half the residue, testator's daughter the other half.
His was appointed executrix and guardian the children.
Prior to the execution the last will F. had frequently accused his wife and son an abominable crime, for which there was foundation, had banished the son from his house and treated his wife with violence.
After its execution he was for a time placed in lunatic asylum.
proceedings to set aside this will for want testamentary capacity F. : Held, reversing the judgment appealed from Rep.
Sedgewick J. (dissenting)
, that the provision made the will for testator's wife and and the appointment the former as executrix and guardian, were inconsistent with the belief that when it was executed testator
WILL--Continued.
fluenced by the insane delusion that they were guilty the crime he had imputed to themand the will was therefore valid.
2-Condition legacy-Religious liberty- Public policy-Restrictions as to marriage- Education-Exclusion fron succession. ]-In the Province Quebec the English law governs the subject testamentary dispositions, and, therefore, in that province, a testator may validly impose as condition a legacy to his children and grandchildren, that marriages the children should be celebrated according to the rights any church recognized the laws the province, and that the grandchildren should educated according to the teachings such church and may also exclude from benefit under his will any his children marrying contrary to its provisions and grandchildren born the forbidden marriages or who may not have educated as directed. RENAUD
YUKON TERRITORY-Administration and government-Mining lands-Special appellate tribunal-Gold Commissioner-Legislative jurisdiction of in Council