Majority
APPEAL from the judgment of the Court King's Bench, appeal side, reversing the judgment of the Superior Court, sitting in review, at Quebec, which had reversed the judgment of the Superior Court, District of Gasp6, (de Billy J.) maintaining the plaintiff's action to recover the possession of the lands in dispute. The case is stated in His Lordship Mr. Justice Girouard. Lemieux K. Solicitor General for Canada, and N. K. Laflamme K.C. for the appellants.
Judgment of the Court
Labrie for the respondent.
Judgment of the Court
J.-II s'agit d'une action possessoire sujet d'une petite lisibre de terre sise sur la c6te de Gasph, d'une valeur insignificante, de quelques piastres seulement; mais tant que le loi n'aura pas :-Sir limit6 le droit d'appel dans ces cas soit en consid6. rant la valeur de l'immeuble on ce qui serait peut-6tre plus pratique,en soumettant ces prochs auxjuges depaix du district comme en France, sans appel si ce n'est pour, erreur de droit, il faut s'attendre A des r6sultats parfois surprenants, toujours ruineux.
Quelque soit leur pauvret6, les parties se passionnent, et les avocats, les amis et de premiers succ~s aidant, elles finissent par gravir toutes les juridictions du pays.
Ici, la Cour Sup6rieure de Gasp6 (de Billy J.) jugea en faveur de la demanderesse.
La Cour de Rtvision (Routhier et Langelier JJ., Andrews J. diff6rant) renversa ce jugement, qui fut finalement rtabli h 1'unanimit6 par la Cour d'Appel.
Ce n'est donc pas sans h6sitation, seulement apres avoir acquis la ferme conviction qu'il y avait erreur dans son jugement, qu'd notre tour, nous sommes unanimement arriv6s A la conclusion de r6tablir le jugement de la Cour de iR6vision.
La demanderesse est propri6taire d'une terre sur la c6te de la Gasp~sie, a quelques milles du roc de Perc6, born6e en front A la mer et coup~e on born~e A diffirents endroits par une petite rivibre navigable an moins A son embouchure, qui se d~charge dans la mer, pr6cisement A l'endroit est situde la lisire de terre en litige.
Le plan suivent produit dans la cause donne une ide assez exacte de la situation des lieux. La lisibre de terre se trouve pr~s du pont entre les lettres A. B. C. F.
044E Depuis un temps imm6morial, les pachears de la localit6 d&chargent leurs poissons sur cette lisibre de terre et ancrent leurs barques dans cette rivibre, en bas et en haut du pont, passant, aller et retour, sur cette J. lisibre de terre qui 6tait en dehors do la cl6ture du champ de la demanderesse, ne jamais enclose et A quelques pas de distance donnait communication ouverte au chemin du roi de la c6te.
Des t6moins appellent cette lisi~re de terre une espke de commune, d'autres un chemia public pour so rendre 6 la rivibre, y prendre de l'eau, laver, descendre on se rendre aux barques, etc.
La cl6ture de travers qui la s~pare de son champ existe, dit-elle, dans son t6moignage, depuis cent cinquante ans.
Bref, le public 4tait en possession de ce petit terrain, non pas a titre de simple tolerance, mais comme 6tant dans 1'exercice d'un droit. Jamais permission ne fut demand6e, si ce n'est r6cemment par quelques-uns pour avoir la paix, apris le commencement des travaux du gouvernement on le barrage du terrain au chemin du roi.
Le plus grand nombre ne voulut pas se soumettre A cette exigence et d6molit le barrage comme 6tant une nuisance publique. La demanderesse connaissait si bien les droits du public qu'elle posa une barribre dans l, but avou6 par elle d'y laisser passer les picheurs et la public, en attendant la d6cision du conseil de la municipalit6 qui ne fut jamais donn6e.
Il importe peu de savoir, 1 cette phase de la cause, qui est le propri6taire de ce petit terrain, si c'est la demanderesse dont le titre convre toute sa terre jusqu'd la mer, on la Couronne qui, comme repres~ntant le public, est propri~taire des rivages, lais et relais de la mer, des rades et des rivieres navigables et flottables et d'un chemin de hWlage
Il est 6galement inutile de rechercher s'il y a eu donation on d6dication en faveur du public on non.
Ce qui est certain c'est que la demanderesse n'avait pas la possession annale requise par Ia loi, o'est-a-dire, une possession paisible, piublique Girouard j. et non equivoque (1) et pour cette raison, et uniquement pour cette raison, nous sornmes d'avis de rtablir le jugemeut de la Cour de Rkision.
Mr. le juge Routbier, qui a prononc6 le jugement de cette cour, r~sume la situation sur ce point dans des termes si clairs que nous croyons ne pouvoir mieux faire que de reproduire ses observations
L'inineuble dont la possession eit r6clam6e est un petit terrain forme de triangle on jib, comme t6moins, qui sont des picheu's et des marins, I'appellent.
Son tendue est de 60 pieds de longueur, dit le jugement, pieds de largeur an bout et & l'autre bout. Il longe la petite rivibre de l'Anse 1 Beaufils, comtd Gasp6, dans longueur et il touche dans sa plus grande largeur an chemin du roi Pautre bout S la mer ct (in oppos6 i la rivibre, it joint le terrain de la demanderesse.
La premibre condition requise pour riussir dans cette action posses. soire, 6tait une preuve suffisantt de possesion de terrain pendant an moins un an, possessi )n ayant tous caracthres exig6s pour la prescription.
Or cette preuve possesion fait d6fut.
La demanderesse a bien prouvd qu'elle poss6dait le terrain lot 241 du Cadastre du Canton de Perc6, et que d'aprbs son titre terrain serait born6 la rivibre; mais possession a toujiurs limitle par une cl8ture s6parant son teirain du jib en question.
est incontestable d'apris preuve qu'elle n'a jamais possid6 triangle qui 6tait en rdalit6 ]a grive de la rivibre.
Et pourquoi n'en avait-elle pas pris la possession ? 1. Parce que c'6tait ds Porigine, facto, sinon dejure un chemin public, la continuation du chemin du roi, fr6quent6 par tons ceux qui allaient la mer on au bord de la rivibre, chercher du poisson, on du varech?
Parce que terrain, ouvert la circulation du public, 6tait sipar6 du terrain de la demanderesse par une cl6ture ;
Parce que jusqu'h il a 4 ans, terrain 6tait la grive de la rivibre et que les graudes maries l'inondaient. est prouv6 que cette iivibre est navigable a cet endroit, et mime un pen plus haut, et qu'elle est flottable sur une plus grande longueur.
(1) Art. 2193
Or, 1'art. 400 faisait de sa grbve une d6pendance du domaine public et, cons6quemment, la demanderesse ne pouvait en avoir la Aussi admet-elle dans timoignage que son champ a toujours bornd h ]a cloture.
Ni elle-.6me, ni auteurs n'ont jamais prdtendu emp~cher le Girouard J. public vaquer sur terrain, et n'en ont jamais, avant l'aun6e dernibre, rclam6 ]a possession.
Pourquoi la demanderesse la reclame-telle maintenant ? C'est que la nature du terrain est bien chang6e. Le gouvernement, dans Pintrft des picieurs, a fait construire une jete qui 4largit terrain et le d6fend contre la mer ; de sorte qu'au lieu d'tre comme autrefois, une gr.ve que les grandes mers lavaient c'est un terrain que la mer ne couvre plus et qui est par un quai. s'imagine-t-on que le gouvernement fait travaux pour agrandir la propridt6 de la demanderesse ?
Evidenment non.
Les timoins des deux parties le reconnaissent, fait pour permettre aux barges des p6eheurs d'entrer dans rivibre, d'accoster au quai et d'y d4charger leur poisson, qu'ils y viennent chercher par chemin ouvert au public depuis un temps imm6morial.
Or, la demanderesse r6ussissait dans pritentions, les p~cheurs iie pourraient plus arriver A la jet6e sont amarries leurs barges leur poisson est dicharg6.
L'appel est done accord6, mais sans frais devant cette cour et devant la Cour d'Appel, auxquels M. le Soliciteur g&ral Lemieux, Pun des avocats des appelants, a gracieusement-et avec raison dans les circonstances-renonc6 en faveur de la demanderesse.
Le jugement de la Cour de Revision est done r6tabli purement et simplement.
Appeal allowed without costs. Solicitor for the appellants ; Auguste Beaudry. S )icitor for the respondent : D. N. Labrie.
pany law-Payment for shares-Tranfjer tusiness-Debt partnership--.et-oft-Cott- Liability for for account-Partition
-Suprei
Ordr pro tunc-Final -Fori of pitition rrorationi-Res judieata.]
but judicata iterpartes.-Hield, that
ACQUIESCENCE-Appeal-Practice ciptions-Ar. Q.-Motion
Contract-Protective w-orks-Dicretion of
ACTION-Joinder Parties
-Detande pd/itoire-Speeific of au
ACTION-Coninued.
and purchasser-Ji-ereprea -Fraird-Error--Rescission of party agriered-Action rescind-Actio njinori War-anty.] ninoris Contract-Condition at that until quantm tine land--Sea ACTION -Continu
APPEAL-Application in court below-Xewo necessary to entitle plaintiff to triol-Alterneetire relief.]
plaintiff aiasobtains verdict at the trial and the defedant alvessoryectsin muscher
EinoeAppeal to have it set aside pecealle,
Ede irieter distura complained al that arew Estp- 7udc la
$500.A hetm 5---.kitirays-Negligence
Braking appara-I ens,--Sand valves-Defects in machinery-Em-i 2-Contract-Deceit mid fraud-Rescissionploier's liability-Provident society-Condition Er-idenice-Coucurrent of loicer courtsindemnity-Lord Campbell's Act- Rig/it of of of appeal.] A sale of timaction.ms- Appropriate
-- 328,er limits the plaintiff was affected through broker price stated the deed to d112,500, bet the vendor signed acknow- 6-D ecisionof commissioner of mines-Appeal iedgment that true price, far Final jndgment-Estoppld- Res judicata concerned, $75,000.
At the time M1andamus-Appropriate remedy.
showing the purchase to paid and the signed agreement that Contractbymunicipalcorporation--Pocers out the balance the viz. -laror of of judgment
Pleading-Estoppel record-Art. that fidings of fact together to deceive him to the actual price nork-Lands substitute-Right plaintifs ADMINISTRATORS to deprive the full price at the :-Held, afirungw ADMISSION-Contract frol, that ation-Powers-By-lac resolution-Right of judgment
Eidence- Pleadings-Estoppel record-Art. tlere findings offact-Practice apas bet-een Obligation eJlcharterer.
egm trial and the court appealed frot.
~
AGENCY t treach of co nltact-Dantes-E rideuce ALLUVION-Tttle ta lau d-A ccessieii-sea -Discretionary order byidge at trial - iterbaches-Serriture-Access nvigable ference court of appeal.] The trial court annale Possessory act ioa.
.
AMENDMENT-Appeal-Discretion ofcourt byt regulations.
279 King's APPEAL-Conti ued.
ant.-Held, r.
- 4-Jurisdiction-Amount dispute-Title land-Future rights--Extending
At trial
8400.80, that that
Vict. 34; that that court.--Hld, that trial judye--Procedure-Rec iiatter
Jurisdiction-Aimount impr-otement~sAsssment land-Fu- 4 9J
APPEAL-continued.
Montreal to collect the amount assessed defendants' land together with other lands assessed for local improvements, the defendants an opposition to the seizure their land, alleging that the claim was prescribed. opposition was maintained and the city appealed to the Supreme Court Canada.-Hld, that there was nothing controversy between the parties but the amount assessed defendants' land and, that amount being less than $2,000, the court had no jurisdiction to entertain the appeal. Jurisdiction-Amount controrrsy-Furight-,. I Though the amount controversy exceed 82,000, yet if the amount demanded the action less the Supreme Court Canada has no jurisdiction to entertain the appeal. -In granted per annum alimony to the and, her husband having died, brought suit to enforce the judgment as executory against his universal legatees.
having given against her by the Court King's K.B. sought appeal to the Supreme Court Canadat Held, that the further payments which would have been entitled had been successful in her suit were not " future rights " which might bound within the meaning
Amednienat-Formal judgment.] Court should not interfere with the exercise discretion provincial court in refusing to amend its formal judgment. -Such amendment the same as it would have if 1'.
Jor appeal-Delays sioned court-Jurisdiction-Controte inroled-Title which the Government Quebec had sold fait APPE AL-Continued.
APPEAL-Continued.
to appeal and for approval securities before 12-Orderfor trial- ofevidence- Wfirtle J. reserved his decision until Discretion-New grounds appeal.] Where day after the expiration the sixty days the court whose judgient appealed from mediately following the date the judgment ordered trial the ground that the appealed and, on the 25th November diet against the weightof evidence. Held, granted leave for the appeals and approved that this nut exercise discretion with the securities filed.-Held, that the appellants which the Supreme Court Canada would could not prejudiced the delay the refuse to interfere and the verdict at the trial judge, in deciding upon the application, until restored.-The argument an appeal to after the expiration the sixty days allowed the Supreme Court Canada based for bringing the appeals and, following Couture the facts and confined to the grounds v. Bouchard R. that the in the courts below.
judgment approving the securities and granting r.
leave the appeals must treated as it had rendered within the time limited for 13-Practice appecd--oncurrent findings appealing when the applications were made and fact.]
Upon issues raised matters taken delibdrd.-Held also, that as the fact, the court refused to disturb the concurtroversy between the parties related to a title rent findings the courts to real estate, both appeals would lie to the appealed from (Q. R. K. reversed ant Supreme Court Canada notwithstanding the judgment at the trial R. fact that the liability the intervenant might restored.
be merely for the reimbursement less
10--Jurisdiction-A mount in controversy
-Sureyor's report-ost-- Order as location Costs.] Where the Court King's Bench of boundary line-Execution judgment.] the judgment the Superior Court V here, action an ptitotre and bornage, dismissing the action but varied it ordering question to title has finally settled the defendant to pay portion the costs subsequent order defining the manner in which Held, that, though demanded the the boundary line between the respective proaction, the defendant had appeal to the perties shall established not appealable to Supreme Court Canada the amount the the Supreme Court Canada. Ferduis costs which was ordered to pay was less than R. folloved. Allan Pratt and
Monette Lejebere followed.C.
P.
.
cquiescence
Motion quash- 11--Commissioner of Mines-Appeal from Discretion of court below-Varying minutes decision-Quashing appeal-Final judgment- jdgment
Estoppel-Mandamus.] Where an appeal from a decision the Commissioner Mines
Nova Scotia an application for lease ARBITRATION AND AWARD rbimining land quashed the Supreme Court tration and award-Briti.h Columbia Arbithe province the ground that it was not a, tration Act-Setting asidc award
Misconduct decision from which an appeal could asserted, of arbitrator partiality -Eidence Juristhe judgment the Supreme Court final and'diction of majority
Decision in absence binding the applicant and also the third arbitrator
Judicial discretion.] missioner even if not party to it.-The ference under the British Columbia Arbiquashing the appeal would not, necessarily, tration Act authorized two out three arbibe determination that the decision was not trators make the award. After notice the appealable if the grounds stated had not shewn final meeting the third arbitrator failed to it to -In the present the quashing attend, account personal inconvenience the appeal precluded the commissioner or and private affairs, but both parties appeared his successor from afterwards claiming at the time appointed and objections were that the decision was appealable.-If the raised account the absence the third missioner, after such appeal quashed, refuses arbitrator.
The award thei made the to decide upon the application for lease the other two arbitrators present-Held, applicant may compel him to by writ the judgment appealed
Rep. mandamus. Judgment appealed from N. that, under the circumstances, there cast Rep. affirmed.
upon the two arbitrators present the jurisdiction to decide whether not, in the ARBITRATION AND AWARD- Con.
third trator, justice that themselves.-IHeld, trators, partiality
BISHOP- sole--Roman prpetis6'n~trrtiaof
WiL.
BORNAGE.
BOUNDARY Expropriation of laid-Staauithority-MarnlrturrinU le judgnent part that priate;
Inos
MCLENNAN.
BOUNDARY-Contin ed.
bornage, the question as to title has finally in which the boundary line between the res- Ferdais BY-LAW-Contract -Powers-By-lair resolution-Right of .ions-Pleadin-Estoppel C.-Concurrentfrdiigs offact
CASES-Allan Pratt 2-Attorney 3--Baxter Phillips Pacifc attirned
.5--Boley Citicns and 8-6Couture Ferdais Daridson Land 2--Appeal-Jiurisdictioni -Petitory
Stuart Bornage-Surreyor's report-Costs-Order for different reasons line-Execution Judy- CASES- Continued.
I CASES-Continued.
12-Day Dominion Iron &i Steel 27-onette
Lefebrre Can. R. Ddguire R. K.
Peoples of Halifax Estey.(36 Emmerson v. Maddison N. Rep. 29---Pounder North Eastern Railway Fothergill's Case
App.
-- Powell Watters Can. R. Great Northwest Central Railway 31-Price Mercier R. Charlebois 114; Can. R. referred to
SeeEVIENC
4.32--The
Queen Grenier R. Hastings Le Roi No. Rep.
affirmed
See ~i;LGENC
3..33--Randall v. Ottawva Electric Co. (6 Ont. 18- Hubert Payson Rep. 211)'L. ravesel reversed and a torney General for (Q. R. S. 59)S affirmed
.
-- - 35-Traers Casey Rep. affirmed
20- Leclere Beaudry Jur.
.36-Turner Cowan Rep. MacArthur The King Ex.
! Shippoig S. R. followed 22--Manley Mackintosh Rep. 84),-495 affirmned-169
See 4.
38--Whitla Manitoba As-surance (14 McKay Grand Trunk Railway I reversed
Ont. R. reversed
:39-- Royal Insurance -\an. reversed
CHAMPERTY oj laiid-De- 25--Marks Dartmouth Ferry Commission scription of property Partition-Petitory Rep. reversed
- action-'Quebec Act, 1774"-Introduction of English crimial
Chaoperty Main- 26-1idlizdNar~claionCo.v.
ond tentance-Affinity consauginity-Partit-s 26-ilnd
Naigation Dominion rested in litiation-Litigious rights-Pacte Elevator Ont. R. affirmed de quota litis-Contract-llegal considerationiSpecific performzan e-Retmit sSccessoral.] Te- CHAMPERTY-Continued.
' COMMISSION-Continued.
heirs N1. induced several persons related to that the consent to accept the a them either consanguinity or affinity to breach his duty agent for the corporation assist them as plaintiffs the prosecution which disentitled him from recovering the lawsuit for the recovery lands belonging to mission.
& Conthe succession an ancestor and, consideration the necessary funds to furnished these persons, six the respondents and COMMON EMPLOYMENT-Neligpeneoperations-Contract for workscontractor-Control and each the seven persons giving the assistance tioe of -Defectire machinery-Notice- Failure defect-Liability for injury should they successful the lawsuit.
parties who furnished such funds, for specific performance this agreement-;Held, reversing the judgment appealed from R. K. COMPANY LAW-Joint stock companythat Paymentfor Tranfer assetsnent partnership-Set-of that and satisfaction-Liability for shares-R. made might have entitled them to maintain the suit take over partnership business each partner without remuneration the price the assist- received proportionate number paid assets.-Held, the " Act, as part the reversing the judgment appealed from criminal law England and law public Rep. Davies J. dubitante, that the trans- Quebec England and the other provinces meaning sections and The Compa- Price that R. referred to.
[Leave to owing to the shareholders the price the Fotheryll's 2--Shipping charte party--Loading
Joint rompany-Subscription for shares-Principal and agent-Authority aoeit-Conditional 8. CIVIL CODE -Art.
shares both which documents lie delivered to the CIVIL CODE Or PROCEDURE transferred after incorporation.
In action 12/'
URE
2was COMMISSION--Principal and agent-lBre that that, chaser agreed to pay 8500. The sale was carried and, the two statements out and sued for his commission not having the trial was true, the promoter could not bind then received the
Held, reversing the an unconditional application.
judgment appealed from Ilan. L.
- CONDITION-Crown lands - Settlement of CONSTITUTIONAL LAW-Coninued. Manitoba claims-Construction of statie-Title House is in session.A staircase leading from to lands-Operation of statutory grant-Trans- the street entrance to the corridor the for presenti-Condition precedent-Ascer- House pat the precincts the House tainment and identiffcation swamp lands- Revenues and emblements-Constitutional himself thereon to interfere with the charge members their public duties may lawfully removed.-Judgment of theSupreme 2-uiling
C'nditon receen'Court Nova Scotia S. Rep. 2--Building contract-Condition reversedand trial ordered.
-Right of action
3-Criminal lall-Jurisdiction of magistrate CONFESSION-Contract municipal corpo- -Criminal Code see. 785-Constitution ofcrim ration-Powers-By-law resoltion-Right of.
General Sessions of Peace.] Confession of judgment the Criminal Cde any person Admissions-Pleading- Estoppel charged before magistrate Ontario Art O.-Concurrent findings offactwith an might tried at the Practice appeal.
rat Sessions the Peace. may, with his consent, tried the magistrate and tenced, convicted, the same punishment CONSTITUTIONAL LAW-Crown lands- tried at the General Settlement Manitoba claims-48 amendment Viet. the provi- (D.)-49 V. (Alan.)-Construction of sions said section extended to police Operation of grantand stipendiary magistrates cities and Transfer in preisenti - Condition precedent other parts Canada.field, that though and there are courts General except The first section Ontario, amending Act not, therefore, the "Act for the settlenent the inoperative but gives amagistrate any otser claims the Province Manitoba the province the jurisdiction created) Ontario Dominion " & Vict. enacts that
Though the organization cosrts " all Crown Lands Manitoba which may criminal jurisdiction within the exclusive shewn, the satisfaction the Dominion powers the provincial legislatures, the Par- Government, swamp lands shall trans- liainent Canada impose on existing ferred to the province and entire wholly to its courts or individuals the duty administering benefit and uses."-fleld, affirming the judg- the criminal law and its action to that end ment appealed front Ex. R. not supplemented provincial legislation. JJ. dissenting, that the operation In re of the statutory conveyance favour the
Province Manitoba w% suspended until time times as the lands question were ascertained and identified swamp lands transferred such order the Governor- General-in-Council, and that, the meantime, the Government Canada remained entitled to their administration and the revenues deritherefrom enured wholly to the benefit appeal the Privy Council,
August,
-Powers of Speaker-Precincts of House-Expulsion.] The public have the Legislative Chamber and precincts the House
Assembly a matter privilege only, under license either tacit express which revoked whenever necessary the interest order and decorum.-The power the Speaker the House to preserve order exercised during the intervals adjournment between sittings as when the
CONTRACT-Vendor and purchaser-Misrepresentation-Fraud-Arror-Recission tract-Sale exchange-Dation paiement-- Option of party aggriered-Action rescind-- Actio quantum minoris-Latent defects-Damages - Wari-anty--Agreement in writing-Formal deed.] In the present case, the sale was made part consideration vacant city lots given payment pro tanto, and during the time the defendant was possession the lots ie erected buildings upon them with his own materials. -Held, that, the contract amounted to contract exchange, it was subject to rescinded the same manner and for reasons similar to those which would avoid sale, and, if the contract set aside for bad faith the part the defendant, the plaintiff has options similar to those mentioned artiand the Civil Code, that to may either retain the property built upon, payment the value the improvements, or the defendant to remove them without injuring the property, compel the defendant to retain the property CONTRACT- Contiated.
onraet reptance oflr purhase-Eri- IFrilein instrone fraurs anl interest.-An lirrits, ORWAY
-Coirar- Aqreener inriilnq payrent.]
rinliss ari tie timler circurstances sale.-Held, that, tiey trat tie tie abort execiu costs and being made party to the prorrfirring Dceit and frawd-Resrision of outstanrig flnringn
Iavies J. that that judgrent, ronrr-Cordi//or 8112,500, Bpht ofart/n.] 5t12.02, 837,300, that ire time and that moucy should be payable to c. MONTREAL the contractors until the whole the works were completed.
In action the tractors for the full amount the contract iimproVenients--Continuing damages price, the trial judge refused leave to amend -Protective works-iscretione of court the claim adding a count for Owing to the condition the locality and the gneruit; found that the works were still character certain improvements made for the complete at the time action, but entered judg- purpose increasing the water power ment favour the plaintiffs for portion Chambly Rapids, the Richelien River, the the contract price with nine-tenths the costs. parties entered into agreement respecting The defendant alone appealed from this decision the construction dams and other works and the trial court judgment was the locus in and it was provided that the the Court Review.-Held, reversing the judg- company should assume the responsibility and ment appealed from, that, as the whole the pay for all damages caused " flooding of works had not completed at the time land, bridges or roads, if any, well as the institution the action, the condition pre- other damages caused" to the plaintiff ''daring cedent to payment had not been accomplished or reason " the construction. -- Held, and the plaintiffs had no right action under reversing the judgment appealed from, that, 453 under only such damages might from time to time consequence the at certain Murnicipal franchise-Operation of tram- seasons being aggravated the constructions way- -Suburban lines-- Earnings outside maui- the stream and that, the special circumlimits-Construction of contract-Payment of percentales-Blended accounts - Estimation decreeing the construction protective works, separate earnings.] The City Montreal inasmuch the company was entitled to take and, subsequently, the 8th March, entered into contract with a company then operatin system horse tramiways obliga inf t i-ownr wa hat city extended into adjoining
S
SipnjTaelni o odn-od palitics.
contract granted the franchise iug at port- Custom -Obligation of charterer.] for the period thirty years the
A ter was to August, and its provided grain -at Fort William noon that the company should pay to the city December -Held, per C and annually, during the term the Davies and Nesbitt .JJ. dissent- "from tie September, upon the that to at Fort William meant. total its earnings aroig fromn to at the elevator there that the the uhole operation its said railway, either obligation the ship-owner have the with cars propelled electricity or with cars under the elevator time to drawn certain percentages sped- before the expiration the time limit according to the gross earnings year where, finding seeral ahead to year.
the first settlement, st the captai
, saJthat could not loaded September, the company paid the per- the time and left to insurance, the centages without any distinction between earn- was not and the owner irvs arising beyond the city limits and those recover damages.
Per Killain J. Tie arisifg Jsiei city, hut, subsequently, tract have fulfilled the ha theyy reused to pay the percentages except arrived at Fort William time to load under upon the etinated amount the gross earn- the conditions which might supposed to exist arising within the city.
In action la-a mpral.
Jdgmet appealed Out. city to recover the percentages upon the pelrfsdb gross earnings the lines both Privy Council, July, sile
Cn 5io reversing the judgment appealed from, the
Justice ammi Killani J. dissenting, that 9--Con-eyanre of land Description of pr'operty
Partition- Petitory action tages gross earnings the Act, "-Introdution of Engiish crminal the operation the tramway lam'-Chanmpeit -- -Affinity r',it within and outside the city limits.
ronsrngiiity-Pn,-ties interested in litigationmto appeal Privy July, ri-flte-Pacts dt litis-lleguf COUNSEL
Xegligence
-Ebi- Peain
4deace of jjry-Nen trial. liability-Provident -Liability for of Act-Right
11--Written
Ma.ter arl Prrcant-oitract
13--Joint jor
CONVEYANCE-Crowrn iC'onrtructioa nti-Condition of sramp
CORPORATION SOtLE -Roman
Catholic
COURTStite Bishop-Deri
CRIMINAL LAaClonrcyanre will.
ar/ion-' teinc oj lcrperty-Mailienare
Afinity dcousaiiniiy li/i sanscel]te
Suprepe flnds 82,000.
8 mii
P-.
2-Aieement--Se//lement sing excrtion
Varying judgne-IMat
Helrl, fm J. CRIMINAL LAW- Continued.
agreement could not enforced as it was tainted with champerty, notwithstanding that the consanguinity or affinity the persovs whose favour the conveyance had made might have entitled them to maintain the suit w ithout remuneration the price the assistance.-Held, further, that the laws relating to champerty were introduced into Lower
Canada the " Act, part the criminal law England and a law public order the principles which and the reasons for which apply to the Province
Quebec to England and the other provinces the Dominion Canada. Price
Merrier R. referred to.
(Leave to.appeal to Privy Council refused.)
'2--Court of General Sessions of Peace- Jurisdiction magistrate-Criminal
783-Constitutional lac-Constitution of crisvel courts.] the-Criminal any person charged before police magistrate
Ontario with an which might tried at the General Sessions the Peace, may with his consent, tried the magistrate sentenced, if convicted, to the same punishinent tried at the General Sessions.
amendment Vict. the provisaid section were extended to police and stipendiary magistrates cities and towns other parts Canada.-Held, that though there are courts General Sessions except
Ontario, the amending Act not, therefore, inoperative but gives to a magistrate other province the jurisdiction created
Ontario 783.-Though the organization courts criminal jurisdiction is within the exclusive powers the provincial legislatures, the Parliament Canada may impose upon existing courts or individuals the duty administering the criminal law and its action to that end need not supplemented provincial legislation. In re
CROWN DOMAIN--Title lands---Grant from Croiwn-Implied reservations-Description
-Narigable waters -Floatable streams-Inlet narigable river-Public larw-Construction dced-Possession-Estoppl-Evidence- CROWN LAND-Crown out of possession -Adrerse possession-Grant during--21 Jac. I., (Imp.)--Information for intrusion.] Though lands for more than twenty years the Act Jac. not prevent the Crown from granting the same without first re-establishing title information intrusion.
appealed from N. Rep. reversed, Davies J. dissenting. (Leave to appeal to Piivy Council granted, July,
Settlement of Manitoba claims- struction of statute-Title to lands-Operation statutory grant--Transfer in prasenti- Condition precedent-Ascertainment and identrfcation of swamp lands-Revenues and emblements- 3---Highwnay- Road allowcances-Reserrations in twonship urry-General instructions-Model plan-Eridence.
CUSTOM -Shipping-Time for loading limited charter party-LoadinU at port- -Custom- Obligation of charterer.
DAMAGES-Breach of contract-Exemplary damages
Discretionary order judge at trial-Interference court of appeal.] 8122.50 the sale goods but, view unnecessary expenses caused in consequence exaggerated demands the plaintiffs, which were rejected, they were ordered to bear half the costs. an appeal the defendant, the Court King's Bench varied the trial court judgment nation and giving full costs against the defendant.- Held, reversing the judgment appealed from, that the absence any evidence bad faith or wilful default the part the defendant, there was justification for the addition exemplary damages nor for interfererence with the judgment the trial court. 2--Rirers and streams-Floating logs-Damage by--R. S. N. S. c. s. Persons authority for all damage caused thereby, whether CROWN GRANT-Title
Lands-Grant negligence otherwise, and the owner f-om Crown-Description--Nari'fableorfloatable wraters-Inlet of rirer-Implied rations-Crown domain-Public la?-Construction of deed-Eeidence-Estoppel- Wairer. with appealed Rep. afirNied.
DicK r.
DAMAGES -Gontinued.
3--Rirer
-Fraud -Error of exchanqe-Dution mntfImproiements rescind-Actio -Lateit rrinty-A
5---Public afleted
DAMS-Ricer improrenents-Protective
DATION EN PAIEMENT-Vendor and Fraud-lErro-Rescision ety party ninoris-Lutent DEBTOR AND CREDITOR -Lease-Sheirif's land-Insuraile instraice-Trust-Benefrciary-Principal -- 2--Company of--Countereaii-A satisfartio -Lialility srtbscription for sharee--R. s.50,
DECEIT-fisreprcnttration contract--Latit 2-Contract- frad qf striwtions
Partition-Petitory -Parti-s right-Parte liti--lteiedl succesoral-Pleading 2--Title rier-Imoplied reserrations-Crow-n DESCRIPTION-Title lands-Grant Na-ifgable floatable Pulic
DISCRETIONARY ORDER-Appeal--Dis-'EMPLOYER AND EMPLOYEE-Con. of below--Amendment-Formal been reported to the defendants'nmasterjudgment-Mining mechanic and had not remedied-eid, affirming the judgment appealed from, 2of beow-Order
C. Rep. Taschereau
. dissenting, that -isch/io cour beo- Verfct 'k"" the plaintiff employ with the of evidence -defendants' servants engaged the operation grounds
- the and that there neglect the duty imposed statute, respect to inspection the machinery, the accident EASEMENT urred consequence the negligence oe his fellow-ser vants the defendants excused from liability the ground ECCLESIASTICAL
CORPOpATION employment.
S
. Roi Bishop of ecclesiastical properties o19
2-Aiming of I officials--Fello borkmet-Etployers'eiability Act.] The negligence the superintendent EJECTMENT
C-own landsAdrerse mine would co-employee sesiion-Urrant during In/ornation jar intru- miner injured which the employers would sion-21 I.
3:not liable at although there might bility under the British Columbia " Employers Liability Act ELECTRICITY Aegligence-Electric negligence the part the Corpoeation, sol
Roma-n atholi ist
Deie lanelas rperintendent.Per
Tasherea C. of serice comon 1 mater cannot regarded as a fellow wrkservants engaged subsequently. LJRoa
2-Te ecr ol ory ngligence-Disagreement of jury-Newr trial.
- - - 698 ER Opurchaser-Sale q/ lands 7.ERO
Fraud rror EMINENT DOMAIN escnsscon of contractSale echange-Dation Sel en pai nntyImproements property giren fption ofparty red-Action EMPLOYER AND EMPLOYEE rescind-A cio quantum minoris-Latent dece-Mining operatss-Uon/iact for -special fects2 - Damages -- Warranty wvorks-Egkagyement contractor-Control and direction of own er- Defec/ice qnarhinryootice-cailsre denect-LiEbilityEsr injury Sustained miner.) sinking at ESTOPPEL
Doublheinsurance elaims on ia belonging to the defendants insouers Right of ac/ion.] Where there let to contractors who the hoisting double insurance account apparatus which the defendants maintained, the insured attempting abandon and operated their servants, in the sarance and insure the property another ation, raising and dumping materials, in company, it held that,, nder the special working the mine under the direction their circumstances the the fact that the foreman.
The to sunk according insured had made claims both insurers to defendants' engineer and the did not deprive or his assiguees the contractors' employees were subject to the right ecover against insurer liable upon approval and direction the defendants' the risk at the time the uperinten dent, tile employees' c. c. hours labour.
plaintiff, Co.
miaer, -was employed by the contractors under these and paid them through the defendants.
While at the, 2)Sale of the plaintiff ras injured the fall Anthority Tie owner contract writing, MK. ESTOPPEL-Continved.
NIcK.
E.-Held, sel.-Beld JJ.
latter that
Potters judgment-Eridence
-Pleadiny-Estoppel -Art.
flndins fact.]
ptrtion
North- Railttay
Lot-s
4---Sherifs sal--Ti//c land-Insurable it/crest-Trust--Benciaty-raudun/t
5--Conuni.sioner of
Nton-Quashing appcal-Fintaljudment--Nantdanu -Appropriate lands-Grant Crotn scrtiptiont or
ESTOPPEL-Contitued.
of nartable riter reserrations-Crown lat-Construction of Eridene-Waiter
- - EVICTION- lands-Adrerse -Grant duritU--Infornation Jor Jac.
- - EVIDENCE-Arbitration and award-Setting award-Partiality unairtetss-Onun. Awan. excctoas-Wittess-Eridence- Corroboration-R. that testator payment.-Held, that prind facie quired the 3--Dancerouts ray-Defectire trork-Xefti- Liability Act-Injury EVIDENCE-Continued.
EVIDENCE-Continuecl.
the danger from the post but had done nothing cherean C.J., dissenting, that the Petrel to obviate it.-Held, reversing the judgment furnished with the most reliable known appealed from Rep. Davies and mariners for registering distances and her Killam JJ. dissenting, that D's own negligence carefully tested and the cause his injury and the company rected for deviation the morning the not liable. -Held per Davies and seizure ; the Kitty and the two tugs JJ. that the position the post was defect her vicinity at the time whose captains gave in the company's works under the Employers' evidence shew that she was the American Liability Act which was evidence negligence.
carried nor chart and kept 387 and as the local judge had misapprehended the facts to the course sailed the 4- Contract municipal corporation--Powers "Petrel.
the evidence the the law or resolution-Right of action-Con- Petrel must accepted end it established fession of judgment-Eridence-Admissious- that the
Kitty had fishing Cana- Pleading-Estoppel record-Art. U.C ian waters and her seiznre lawful. -Concurrentfindings of fact.] A confession ofKING judgment for portion the amount claimed is judicial admission the plaintiff's right action and constitutes complete proof against 7-Neglience
Electric wire
Trespasserthe party making it.
The Hudon Cotton Contributory negligence-Net trial.] The Canada Shipping
& Soper contract illuminate certain R. followed) ; The Great North- bnildings for the visit Duke York to tral Railway v. Charlebois al. Ottawa and obtained power the Ottawa ; distinguished.
Upon issues raised to matters fact, the wires were strung telegra a court refused to disturb the concurrent findings fastened wih tie-wires the ends which were the courts below.-Judgment appealed from uninsulated. P. an employee the Ottawa K. reversed and judgment at Electric was sent the latter to place the trial R. S. restored. transformer the pole and, doing so, his hands touched the ends of the tie- Louis wire which received shock and Reseuntonsto the ground being seriously injured. 5-ihay-Road allowances-R rratios action for damages for sch injury & in township survey-General instructions-Model pleaded that R. had right to the plan.] Where the suveyor returned the pole and trespasser, and the trial plan original survey township without their counsel urged that the work indicating reservations for road allowances doing connected with the lighting a upon the boundaries the township and his building the The Court Appeal field notes appeared to the court to support that this defence established and dismissed the that no such allowances had been the action.
Held, reversing the judgment made him :-Held, that the general instruc- appealed from (6 Ont. P. that the tions and model plan for similar surveys did address did not indicate that the building not presumption sufficiently strong for referred to not those to illuminthe inference that there intention upon ated under the contract and the evidence did the part the Crown to establish such road not that P. was not engaged the ordiallowance.
Tanner v. Bissell Q. nary business his employers and the and McLean should re-tried, the jury having failed approved.
(Leave to appeal to Privy Council agree at trial. -A rule the 0. refused.)
Towssmr directed every employee work near apparatus carrying dangerous currenta to wear rubber gloves which would Illegal fishing-Seizure of vessel--Evidence application.
was not wearing gloves of position.]
The American when hurt-Held, that the mere fact " Kitty the Government the Cruiser " Petrel " for fishing the Canadian R.'s part warrant the being side Lake Erie. In proceedings the Crown withdrawn from thejury; that, to & was not bound said rules; and that the position both vessels at the time though failure to take such precaution was zure and the local Judge Admiralty held had right to have that the evidence did not establish that the left to the jury considered in connection vessel Canadian waters at the with other facts the appeal the :-Held, nEiN
INTDEX.
EVIDENCE-Continued.
I EXECUTORS AND ADMINISTRATORS Contract-Resolution municipal corpo- -Action executors - Corroboation-Acceptance op ration-B. S. 0. c. s. intuet ction executors to recover due from .28rinn8Satute oftraucds-nstoppet- C. to the testator it was provcd that the latter when ill in hospital had sold farm to Discretion of court below-Order for the purchase money was deposited Ye,. grounds taken appeal
- quently withdrew this money an order from testator who died weeks after when none was found his person nor any record Master and servant-Contract service its having received him.
admitted -Termination notice-Inapacity of servant having drawn out the money but swore that he -Permanent disability - Findings of jury had paid it over to testator but other evid- Weight of evidence
- any kind was given such payment.- Held, reversing the judgment the Court Appeal, that primdfacie case having Sale of goods-Owner not made out against and his evidence not uthority to sell-Secret agreement-Estoppel-429 having been corroborated as required the executors were en- Title lands-t'rant from Crown-De- titled to judgment. 261 scription-Narigable or floatable iraters -Inlet navigahle ricer-Implied reserrations EXPROPRIATION--Expropriation of loud Pulic aw onstuctin ofdee authority -- Manufacturing site Esoanppel W ai
603d Survey- Location -Trespass.
Estoppel- Wairer
- - - Sydney empowered statute to expropriate as much land would necessary to furnish location for the works the Dominion 13--Title lands- Colourable title
Iron and Steel plan showing structice possession-Statute of Limitations - tion to be filed in the for registry of deeds and, on the same being the title to said angerous way, etc.-Negligencc- lands vest the town.
Engineers the Mater and servant- Compensation were employed the town to survey for Injuries Act-Findings ofjury-Rridence the required for the site and to make a two years later, after the company had EXCEPTION - Pleading - Acquiecence excavated a considerable part the land, quash - Practice.] Where re- brought an action for trespass claiming that it spondent, an appeal to the court below, has included chains belonging to him and, failed to set up the exception resulting from the trial such action, the contention acquiescence in the trial court judgment, as was as the boundary his holding. He provided article the Civil obtained a verdict which was affirmed the Procedure, cannot, afterwards, take advan- full court. - Held, reversing the judgment tage the same objection by motion to quash appealed from N. Rep. that the only a further appeal to the Supreme Court question to decided was whether or not the land claimed M. was part that indicated the plan ; that the duty the engineers was to lay out the land which EXCHANGE- Vendor and purchaser-Sale the town intended to expropriate; and wheof lands-Misrepresentation- Fraud- Error- ther it was M's land or not was immaterial Rescission of contract-Sale or exchange--Da- the town could take it without regard to tion paiement-Improvements property given in exchange -Option party aggrieved- Action rescind-Actio quantum minoris - Latent defects- Damages- Warranty-Agree- Water commission-Act of incorporation ment in writing-Formal deed
- - -Construction-Appropriation of water.] The the City EXECUTION- Appeal -Jurisdiction-Peti- enter upon any lands the city or within tory action - Bornage - Surveyor's report
6fteen miles thereof and set out the portion Costs-Order as to location of boundary linerequired for the works, and to divert and EXPROPRIATION-continued.
AUD-Continued.
dissenting, that the water to appropriated execution subject to the and was not to the area the lands did not such not, afterwards, tered upon but the commissioners could appro- contest payment the amount the ground priate the water the River Thames the of fraud.
erection dam and setting aside a reser- I voir, and that such water could be used to create power for utilization other waters and was not necessarily to be distributed the 2-- Vendor and purchaser-Misrepresentation city for drinking and other municipal purposes.
fraud- Error- Rescission of contract- (Leave to appeal to Privy Council granted, July, Option of party aggrieved-Action rescindv. Actio qeentum ninoris-Latent defects-Dant. ages- Warranty.] action will against the vendor set aside the sale real estate YENCES-Railway Crossing-Speed of train and recover the purchase price the ground error and latent defects, even in the absence fraud. In such the purchaser alone has the option returning the property FISHERIES-- Illegal fishing-Seizure of and recovering the price retaining the Evidence of position.] - The American property and recovering portion the price vessel " Kitty was the Govern- 'paid ; le cannot forced to content himself ment Cruiser " Petrel " for fishing the Cana- with the action quantum minoris and damages dian Lake Erie.
In proceedings the merely, the pretext that the property Crown for forfeiture the evidence was conflict- might serve his purposes notwith. ing to the position both vessels at the standing the latent defects.-When the vendor time seizure and the local Judge in Admi- has with warranty,'a building constructed ralty held that the evidence did not establish himself must presumed have that the vessel seized was in Canadian waters aware latent defects and, that respect, at the time.
appeal the Crown :-to have acted in bad faith and fraudulently Held, Taschereau C.J. dissenting, that the in making the sale.-The vendor, defendant, Petrel " was furnished with the most reliable in the ag t sale, represented that a log known to mariners for registering distances block bildings which was selling to the and her compass had carefully tested and plaintiff, had been constructed solid corrected for deviation the morning the stone and brick aid described them formal seizure; the " Kitty and the two tugs deeds subsequently executed relating to the her vicinity at the time whose captains gave evi- The walls subsequently began crack dence to shew that she was the American! and it discovered that portion the side carried log nor chart and kept no buildings had been improperly built framed book ; and the local judge had misappre- lumber and encased with stone hended the facts to the course sailed the brick manner to deceive the purchaser.- " Petrel," the evidence the the Held, that the contract was vitiated account "Petrel" must accepted and it established error and fraud and should set aside, and that the " Kitty had fishing Cana- that, the vendor knew the faulty dian waters and her seizure was lawful.
struction, liable not only for the return KIx the price, but for damages-Held, furthat the action quantum eninoris and STREAMS-Title caes Grant from Crown-Implied reservations-De- tracts are voidable the grounds error of river domain-Public laio
Construction of deed-- laten defects the purchaser elects ; the Possession -Estoppel-Evidenc- Wairer.-603 only recourse error and fraud being rescission under art. 1000 of the Civil Code. FRAUD-Insolvent lessor-Fraudulent trivance -Purchase of leased property-Sherif's sale-Debtor and creditor.] Even if a lessee 3- Contract-Deceit and fraud-Rescissionaware that his lessor was embarrassed at Evidence-Goncurrentfindings of conrtsthe time took the lease and subsequently. Duty ofsecond appellate court when purchased the leased property at sheriff's sale, that would not make the transaction fraudulent against the lessor's creditors.
creditor who was party to the action GENERAL SESSIONS oF THE PEACE. against the which the propertn
HIGHWAYS-Railway crossing-egligence HIRING-Continued.
of speed-Crowded districts-Fencing- the employee forfeiting month's -Held, (D)-55 &
V c.29,ss.
97,259(D)-5 &56a reversing the judgment appealed from 8& and (D).]
In passing through aS Rep. that illness the employee thickly peopled portion city, town or vil- which permanently incapacitated lage, railway train not limited to the maximum speed six miles an hour prescribed tpeforing
H ou it tint by & Vict., long as the thetcontraltessederalsotiKilia railway fences on both sides the track are death illn t etn employe maintained and turned into the cattle guards ur tewhe perod at highway crossings provided neapacitedb or anpermanentin said Act.
Judgment the Court Appea believed that it was only temporary-By Ont. L. R. reversed, Gironard J. dis- re the employer employee was only to senting.
CO.e paid time he actually duty. the employees had accepted and signed a way-Road allowance-Reservations receipt for month's wages from which the pay surrey-General instructions-Model for two days which was absent duty plan-Evidence.] Where the Crown surveyor was deducted and his conversations with other returned the plan original survey town- employees sliwed that aware the ship without indicating reservations for road rule, but formal notice the was allowances upon the boundaries the township given him.
Having died after long illness, and his notes appeared to the court to his executrix brought action for his wages support the view that no such allowance had during period and the jury the been made him :-Held, that the general trial that did continue in the employ instructions and model plan for similar surveys after notice the rule and acquiescence his did not afford presumption sufficiently strong employment nder the terms thereof-Held, for the inference that there was an intention that such finding against evidence upon the part the Crown to establish must set aside.
road allowance.
Judgment appealed from versed. Tanner v. Bissell Q. HOUSE OF ASSEMBLY
Constitutional lan-Legislative Ascenly-Powers of Precincts of House Assenbly-Expulsioa 3---Public work- Land substitute-Right of INJUNCTION conission existig -Appropriation ?rter substituteI convenient-The fact that the substituted route subjects the INQUEST OF OFFICE
Crown lands possion-Grant during-Infontion foi intrnsion-21 Jar. subseqtent the and not its struction and an inconvenience common to the public generally. -The general depreciation INSURANCE, FIRE Oinership-Lease- .sheref's land-Insurable cular owner. -Where there remedy ant agent.] The lessor real estate dictment mere inconvenience to an individual insured the leased property "in trust and or trade or business not the subject notified the insurers that the lessee, his paid all premiums and, the property having HIRING-Master and serrantserrice-Termination notice-Incapacity
Findings jury-Weight of Where contract the first his favour.
The property having 50%
INSURANCE, FIRE-Continued..
INSURANCE, FIRE-Continted. money attached in the possession the pany liable and considered that, under the pany.-Held, that the lessee having had an circumstances, not recover against insurable interest when the first policy issued either company.
and being, when acquired the and when the occured, the only person having such f interest, he entitled to the payment the amount the policy insured upon the applica- INTRUSION-Cromn lrnds-Adverseposses. tion the lessor. v.
sion-Grant durinq Information for intrusion -21 Jac. L ch. 14, (Imp.)
2--Condition of policy-Double insurance- Application-Representations and warranties- JUDGMENT
Contract municipal cor- Substituted insurance - Condition precedent -- poration-Powers-By-law or resolution-Right Lapse ofpolicy--Statutory conditions--Estoppel.] of action Confession of judgment-Bvidencedesiring to abandon his insurance against Admissions-Pleading-Estoppel recordfire with the Manitoba Assurance and, in Art.
lieu thereof, to insurance on the same portion the amount claimed judicial property with the Royal Insurance wrote admission the plaintiff's right action and the local agent the latter company stating constitutes complete proof against the party his intention and asking to have policy in the making it.
The HInon Cotton v. The " Royal substitution for his existing insur- Canada Shipping S. R. ance in the " Manitoba."
receiving an followed); The Great Yorth- Central Railapplication and payment the premium the way Charlebois al. agent issued interim receipt to insuring R. distinguished.
the property pending issue a policy, and forwarded the application and the premium, with-495 his report, to his company's head in
Montreal where the enclosures werereceived and retained. The interim receipt contained con- Pleading
Acquiescence
Practice dition for non-liability in case prior insurance appeal
Varying minutes
Costs.] Where a unless with the company's written assent, but respondent, appeal to the court below, it did not any way refer to the existing has failed to set the exception resulting insurance with the Manitoba Assurance from acquiescence the trial court judgment, Before receipt policy from the " Royal provided article the Code and while the interim receipt was still force, Civil Procedure, cannot, afterwards, take the property insured was destroyed by advantage the objection motion to had not in the meantime formally abandoned his quash further appeal to the Supreme Court policy with the Manitoba Assurance
The Canada-On an application to vary the latter policy was conditional to become void iI minutes settled by case subsequent additional insurance with- Registrar, for reasons which had not been out the consent the company. filed claims mentioned at the hearing the appeal, the with both companies which were resisted and motion was granted, but without he subsequently assigned his rights to the plaintiffs by whom actions were taken against both companies.
Held reversing both judgments appealed from, Man. L. R. that, ction for account Fartition of estateas the Royal Insurance Company had civile-Amendment of pleadings-Disinformed, through their agent, the prior cretion-Supreme Court Act, S. 63-Order nnnc pro tunc
Final or inierlocutory judgmentinsurance, they must assumed to have under- Form of petition in revocation-Resjudicata. 13 taken the risk notwithstanding that such prior insurance had not been formally abandoned and that the Manitoba Assurance were relieved 4
Appeal
Discretion of court from liability reason such substituted Amendment of lormal jAdgment-ining regninsurance being taken without their consent. lations--9 that, under the circumstances, the fact that had made claims upon both did not deprive him or his assignees 5-Commissioner of mines-Appeal from deci. the right to recover against the company sion
Quashing appeal
Final judgment liable upon the risk.
The Chief Justice dis- Estoppel
Mandamus
Appropriate remedy court which held the Royal Insurance ;
Contin
JURY-Continued.
Appeal - Jurisdiction-Petitory actiondissenting, that this finding did not establish Bornage-Surreyor's report-Costs-Order as the collateral agreement but was, anything, to location boundary line-Execution of judg- opposed to it and the real not having ment passed upon the remust a new trial-If a juror on the trial of a cause is allowed without challenge to act such subsequent Arbitration and awardtrial, that not perse ground for setting British Columbia Arbitration Act-Setting aside aside the verdict the latter.
award-Misconduct artitrator-Partiality- Jurisdiction of majority-Decision in absence of
Procedure-Charge jury
Report by third arbitrator-Judicial discretion.] refer- trial judge-New trial -Review appeal 265 under the British Columbia Arbitration make the award.
After notice the final 3 ant
Contract servicthird arbitrator Termination notice
Incapacity of servantprivate affairs, but both parties appeared at P ene
FW
Aegligence-Electric ires-Trespasser other two arbitrators present. -Held, reversing that counsel-Gontributory negligene
Disagreement ofjury-ew trial
5-Dangerous etc.-Negligencethird trator, or I the award themselves.-Held, further, that third arbitrator suggested some further audit certain JUS PUBLICUM
Title lands- Grant accounts that had already been examined from Crown
Implied reservations -Descripthe arbitrators, there was nothing in this cir- tion
Navigable waters
Floatabte streamscumstance to impugn the good faith the nar gable ri-er -Crown domain-Pubother two arbitrators in deciding that further tic law
Construction deed
Estoppel Eridence-Waiver
RIElS JUSTICE OP THE PEACE -Courts - Constitutional law -- Criminal courts general sessions of peaceCriminal law- General Sessions of Peace--Jurisdiction of of magitrate-Criminal magistrate-Summary trials-Criminal m t
LEASE
Ownership-Lease Sherifs sale- Title land-Insurable interest-Fire insurance JURY-Finding of iury-New trial
Prin- Trust-Benef nary-Principal and agent cipal and agent-Qualification of juror- Wairer Fraudulent contriranes-Estoppel.] The lessor of objection- Written contract-Collateral agree- real estate insured the leased property "in ment parol.] An agent employed to sell a trust" and notified the insurers that the lessee, but brought action based a verbal collateral paid all the premiums and, the property having ure.
The jury found in answer to a question' sale and became owner
He afterwards the judge that believe there was increased the insurance, the insurer acknowleg. promise fair treatment in no sale."ing, the second policy, the existence the ,1eld, reversing the judgment in appeal first favour.
The property having Rep. Taschereau C. and Killam J. destroyed payment the amount LEASE-Continued.
the first policy to the lessee was opposed a judgment creditor the lessor and the attached in the possession the company.- Held, that the lessee having had an insurable interest when the first policy issued and being, when he acquired the and when the occurred, the only person having such interest, he was entitled to the payment the amount the policy insured upon the application of the lessor.-Held, also, that even the lessee knew that his father was embarrassed at the time took the lease and when purchased the property at the sheriffs sale, that would not make the transaction fraudulent as against the father's creditors.-A creditor who was a party to the action against the lessor in which the property was sold in execution subject to the lease and did not oppose such sale not, afterwards, contest payment the amount the policy the ground fraud.
LEASE AND HIRE
HIING.
LEGISLATURE-constitutional law-Legislative Assembly-Powers of Speaker-Precincts of House-Expulsion.] The public have to the Legislative Chamber and precincts the
House Assembly as matter privilege only, under license, either tacit or express, which be revoked whenever necessary the interest order and decorum.-The power the Speaker and the House to preserve order may exercised during the tervals adjournment between sittings as well when the House in session.-A staircase leading from the street entrance up to the ridor the House a part the precincts the House and the public conducts himself thereon as to interfere with the discharge members their public duties may lawfully removed.-Judgment the
Supreme Court Nova Scotia N. Rep.
reversed and a new trial ordered.
2--Courts of general sessions of the peaceriminal law-Jurisdiction of magistrate-Cri- 78.5-C'onstitntional law-of criminal courts
LITIGIOUS RIGHTS-Continued. appeal to Privy Council refused.]
Dtaune----------------24
LORD CAMPBELL'S ACT Railways Nelligence-Brakinq apparatus-Sand valves- Defects in machinery-Employer's liability- Provident society - Condition of indemnity- MAGISTRATE
MAINTENANCE
Conveyance of land - " Act, "-Introduction of English criminal law - Affinity and consanguinity - Parties interested in litigation-Litigious rights -Pacte de quota litis-Illegal considerationpeiformance
Retrait successoral MANDA MUS - Commissioner Appealfrom decision-Quashinig appeal-Final judgment--Estoppel- -Remedy.] IVhereanappeal from decision the Commissioner Mines for Nova Scotia an application for lease mining land quashed the Supreme Court binding it.-The determination that the decision was not so.-In appealable.-If affirmed.
MANDATE
LITIGIOUS RIGHTS-Parties interested in litigation- Partition--Champerty--Maintenance MANITOBA SWAMP LANDS - -Pacte quota litis-Illegal Consideration- lands
Settlement of Manitoba claim & Specifc performance-Pleading.] The defence V. (D.)-49 V. c. (Man.)-Construcretrait de droits litigieux exception tion of statute-Title to lands - Operation oj which be set up only the debtor of the grant-Transfer in pra-senti-Condition precelitigious right
Powell Watters dent-Ascertainment and identification of swamp Can. R. referred to.
[Leave to lands-Rerenues and emblements- Constitutional MANITOBA SWAMP LANDS-Con.
that Lanis uses."-Held, that statutory question were ascertained and identified swamp lands and transferred as such order the Governor-General-in-Council, and that, the meantime, the Government Canada remained entitled to their administration, the revenues derived therefrom enured wholly to the benefit and the Dominion.
.
MARRIAGE LAWS-Appeal-Jurisdiction
-- Amount in controversy-Future rights - MASTER AND SERVANT-Railways- Negligence-Braking apparatus-Railway c. 243-Sued valves-Notice of defects in inachinery-Liability company -Prorident society -Contract indemnifying employer-Indeinity and satifaction- Lord Campbell's Act
Art. C.-Right stopping train, not constitute part the
" apparatus and arrangements" for applying the given at the repair shops in conformity with the company's rules, is merely the negligence an employee and not negligence attributable to the company itself ; therefore, the company may validly contract with its employees to exonerate itself from liability for such negli.
gence and such contract answer to action under article the Civil
Lower Canada.
The Grenier,
Can. followed. -Girouard
J. dissented the ground that the negligence found the jury was negligence both the pany and its employees.
(Leave to appeal to Privy Council granted,
2-fNaster and servant-Contract of service- Termination notice -Incapacity of serant- Permanent disability--Findings jury-- MASTER AND
SERVANT-Continued. of evidence.]
Where a contract for service provided that it could terminated either party giving the other month's notice therefor or the employer paying or the employee forjudgment appealed from N. Rep. that illness the employee which permanantly incapacitated from performing service would itself terminate the contract.- Held, also, Killam JJ. dissenting, that an illness terminating the employee's death and during the whole period which he incapacited service permanent illness though both the employee and his physician believed that it was only temporary.-By rule the employer employee was only to paid for the time he was actually duty. the employees had accepted and signed receipt for month's wages from which the pay for two days which be was absent from duty was deducted and his conversation with other employees shewed that was aware the rule, but no formal notice the same was ever given him. Having died after long illness his executrix brought an action for his wages during such period, and the jury found the trial that did not continue the employ after notice the rule and acquiescence his employment under the terms thereof.-Held, that such finding was against evidence and must Dangerous iay, etc.-egligence- Workmen's Compensation Act jury that that this finding was justified the evidence and was liable under the Workmen's pensation for injuries Act R. 0. Held also, that the accident did not ment the ways, works, machinery, plant, buildings or premises connected with, intended for or used in the business the employer. Negligence-Mining operations-Gontract for special -Engagement contractor- Control and direction of mine-Defectite machinery -Notice-Failure to remedy defect- Liability for injury miner.
SERVANT-Continued.
MINES AND MINERALS-Continued. Negligence--Electricplant--Dejectiveappli- Appeal--Dicretionofcourtbelow--A mendances-Electric shock-Engagement of skilled ment-Formal judgment-Mining regulations. manager-Contributory negligence.
MERCHANT SHIPPING-Charter party-- 4-Commissioner of Mines-Appeal from deci- Time limited for loading--Ship loading at portsion-Quashing appeal-Final judgment-Es- Custom-Obligation oj charterer.
toppel-mandamus-Appropriate remedy. MISTAKE--Vendor and purcha-ser-Sale MINES AND MINERAL-Mining plans lands
Misresjresentation Fraud Error and surveys-Negligence of higher opicialsecission ofcontract-Sale or exchange-Dation Duty of absent owners-Operation of metalli- paieaent-Inproements property ferous mines - Common law liability - Em- in exchange-Option ofparty aggrieved-Action ployers' Liability Act - R. S. B. C. rescind-Artio quantum minori6-Latent ces.
the third section jects
Damages
Warranty
Agreement in of the
" Inspection Metalliferous Mines writing-Formal deed.
upon absent mine-owner the absolute duty ascertaining that the plans for the working MUNICIPAL CORPORATION-ontract the mine are accurate and sufficient and,
Resolution municipal corporation-Accepunless the mine-owner actually aware inac- tance purchase- Evidence Written curacy or imperfections in plans, cannot injtrumnets-Statute of frauds Estoppel.] held responsible for the result an accident pnrchase lands which the municioccurring consequence the neglect the I pality had hid at tax and to pay thereproper to plat the plans up to date 'for the amount the arrears taxes and according to surveys. -The defendant company
The council resolved to accept the acquired a mine which had previously amount taxes, costs and interest against worked by another company and provided the lands and authorized the reeve and clerk to proper system surveys and operation and issue deed at that price.--Held, reversing the employed competent superintendents and sur- 'judgment appealed from, that, veyors for the efficient carrying out their sys- municated an acceptance his tei.
An accident occurred consequence this resolutio would have raised contract, neglect to plat the working plans according to accout the variation made the addi. surveys made to date, the inaccurate plans tion interest.-An instrument, which was misleading the superindent that he ordered never delivered to executed the works to carried out without sufficient reeve and clerk the municipality, in the information to the situation openings statutory form conveyance upon sale made or taking the necessary precautions to taxes, reciting the above resolutio but without secure the safety the men the working reference to aiy contract pursuance the places.
The engineers who had made the suraid about two months after the veys and omitted platting the information on passing the resolution, upon receipt the plans had, left the employ the company other the lands, the council prior to the engagement the deceased who resolved to intimate to the person making the was killed the accident.-Held, Taschereau "that the lot had been C.J. contra, that the employers not being -- Held that these circumstances not charged with knowledge the neglect their relied upon an admission a prior contract their to carry out the efficient system sale.-Held, that, it could provided for the operation their mine, could infeired that contractual relations had not held responsible for the consequences established between and the municipality, failure to provide complete and accurate plans did not appear that there had been any written the mine.
Rot No.
communications respect thereto half the municipality and, consequently, the admissions contract did not satisfy pertion- Cntrat 'the Statute Frauds and could 2-Negligence-Mining operatione-ContractDITCTO for special
Control and direction of nine-Defectire machinery-Notice-Failure remedy defect
2-Muniipal franchise Operation of tram- Liability for injury miner ivay-Suburban lines-Earniuys outside municipal limits- Construction of contract-Payment MUNICIPAL CORPORATION--Con.
ofpercentages-Blended accounts-Estimation separate earnings.] The City Montreal called for tenders for the establishment and operation an electric passenger railway, within its limits, accordance with specifications and subsequently, the 8th March, entered into contract with a company tnen operating system horse tramways in the city which extended into adjoining municipalities. The contract granted the franchise the period thirty years from the August, and one its clauses provided that the company should pay to the city, annually, during the term the franchise, " from the
September, upon the total amount its gross earnings arising from the whole operation its said railway, either with cars propelled electricity or with cars drawn horses " certain pencentages specified, according to the gross earnings from year to year.
Upon the first settlement, the September, the company paid the percentages without any distinction between earnings arising beyond the city limits and those arising within the city, but, subsequently, they refused to pay the percentages except upon the estimated amount the gross earnings arising within the city.
In an action by the city recover the percentages upon the gross earnings the tramway lines both inside and outside the city limits :-Held, reversing the judgment appealed from, the Chief Justice and Killam J.
dissenting, that the city was entitled to the specified percentages upon the gross earnings the company arising from the operation the tramway both within and outside the city limits.
(Leave to appeal to Privy Council granted, July,
Contract municipal corporation--Potters
-By-law or resolution - Right of action-Confession of judgment
Pleading-Estoppel record-Art.
Concurrent findings fact - Practice
4- Water commission-Construction of statuta
-Danages exi'ting torks-Appropriation
NAVIGABLE WATERS-Title lands- Grant from Crown Implied reservations-Description - Inlet of navigable river -domain-Public of
Possession -Estoppel-Evidence- Waiver 603
NAVIGABLE WATERS-Continued. Title land-Accession-Sea Servitude-Passage oj navigable waters - Possession annale-Possessory action
NEGLIGENCE - Railways - Braking apparatu-s-Railtray Act, 243-Sand of machinery-Liability company-Provident society -Contract indemnifying employer-Indemnity and satisfaction- Lord Campbell's Act-Art. C.-Right of action.] The "sander"
and sand-valves connection with the brakes stopping train, do not constitute part the " apparatus and arrangements " for applying the brakes the wheels required section the Railway Act 1888.-Failure to remedy defects the sand-valves, upon notice thereof given at the repair-shops in conformity with the company's rules, merely the negligence an employee and not negligence attributable to the company itself ; therefore, the company may validly contract with its employees as to exonerate itself from liability for such negligence and contract answer to an action under article the Civil Code Lower Canada. followed. -- Gironard J. dissented the ground that the negligence found the jury was negligence both the company and its ployees.
(Leave granted for appeal to the Privy Council, July,
- Railway crossing-Rate of speed-Crowdas. (D)-55 & c. and passing through thickly peopled portion a city, town or village railway train not limited to the maximum speed miles hour prescribed & Viet. c. long the railway fences both sides the track are maintained and turned into the cattle guards at highway crossings as provided (5 said Act.
Judgment the Court Appeal Ont. R. reversed, Gironard U. 3-Mining operations - Contract Jor special works-Engagenent contractor-Control and of oner--Defective machinery- -Failure remedy defect- Liability for injury was let to contractors used the hoisting apparatus, which the defendants maintained and operated their servants, the excavation, raising and dumping materials, working the mine under the direction their foreman.
The winze was to sunk according NEGLIGENCE-Continued.
NEGLIGENCE-Condo to directions from defendants' engineer and the ring in consequence the neglect the proper contractors' employees were subject to the plat the plans date according approval and direction the defendants' to surveys.-The defendant company acquired superintendent, who also the employees' minewhich had been previously wages and hours labour.
The plaintiff, another company and provided proper system miner, was employed the contractors under surveys ard operation and employed these conditions and was paid them through petent superintendents and surveyors the the defendants.
While at his work in the efficient carrying out their system. acciwinze the plaintiff was injured the fall a I dent occurred consequence neglect to plat hoisting bucket which happened in consequence the working plans according to surveys made defect the hoisting gear that had up to date, the inaccurate plans misleading the reported to the defendants' master-mechanic superintendent that ordered work to and had not remedied.-Held, affirming carried out without sufficient information to the judgment appealed from, Rep. the situation openings or taking the Taschereau J. dissenting, that the plaintiff necessary precautions to secure the safety was common employ with the defendants' the working
The engineers servants engaged the operation the urine who had made the surveys and omitted platting and that even if there was neglect the the information the plans had left the employ duty imposed statute, respect to the company prior to the engagement spection the machinery, the accident killed in the accident. -Held, occurred in consequence the negligence Tasehereau C.J. contra, that the enployersnot one his fellow-servants the defendants were beingcharged with knowledge the neglect excused from liability the ground common their to carry out the employment.
No.
tern provided for the operation their mine, could not held responsible for the Electric plant - Defective appliances sequences failure to provide complete and Master and servant-Electric mine.-Held, that of skilled manager-Contributory negligence.] negligence the superintendent would An electrician engaged with defendants as negligence co-employee the person ager their electric lighting plant and under- injured for which the employers not be took put it in proper working order, the liable at common law, although there might defendants placing him position to obtain liability tinder the British Columbia "Employall necessary materials for that purpose. About Liability Act" three months after had placed in charge negligence the part the superintenthe works was killed by coming in contact dent.--Judgient appealed reversed and a with incandescent light socket the power new trial ordered, Taschereau C.J. being house which had been there during the whole opinion that judgment should entered the time was charge, but, at the time favour the plaintiffs.
Per Taseherean C.J. the accident, was apparently insufficiently employee who left the service the insulated. -Held, that there was breach master cannot le regarded fellow duty the part the defendants towards workman servants engaged subsequently. deceased who had undertaken to remedy the LERoi No.
very defects that had caused his death and the !
failure discover them must attributed to 6-Dangerons way-Defective works him.-The judgment appealed from ployers'Liability Act-Injury servant -Prox- L. R. ordering anew trial was affirmed but ir ate canse-(B. 8. N. c. for reasons different from those stated in the engaged moving cars at quarry the court company.
The cars were loaded at a chute crusher and had taken past 5--Mining plans and surveys-Negligence of unused chute about feet away supported higher official-Duty of absent owners-Oper- I post placed inches the track. of mines
Common having loaded car found that it failed to liability-Employers' liability Act-R. S.
Ubreaking and had to The provisions the third section down the foot-board and back the footthe Inspection Metalliferous Mines Act, rod connected with the brake.
The car then British Columbia, do not impose upon started ard up the steps at the absent mine-owner the absoluteduty ascer- to get the brake the top but was crushed taining that the plans for the working the between the car and the post.
He could have mine are accurate and sufficient and, unless the got the rear the car instead using mine-owner is actually aware inaccuracy or the steps or jumped down and walked along imperfections in srch plans, cannot held after the car until it had passed the post. The responsible for the result accident manager at the quarry had warned the NEGLIGENCE -Contin
NEGLIGENCE-Continued.
danger from the post but had done nothing to against it whereby it was overturned and obviate it.-Held, reversing the judgment killed workman at bench three or four adii- Killan JJ. dissenting, that own negligence nistratrix the workman's estate the jury was the cause his injury and the company found that the accident due to the negliwere not liable.-Held per Davies and Killam not having the properly JJ. that braced.
that tisfinding Liability Act which was evidence negligence. Workmen's Compensation for Injuries Act (R. 0. 160.-Held that 7--Electric
& Soper had contract to illuminate certain ages for such injury Ahearn & Soper pleaded trespasser, and the trial their counsel urged that the work was was connected with the lighting building the city. The
Court Appeal held that this defence was indicate that the building referred to was tract that was employers and the case should re-tried, the the Ottawa Electric directed every dangerous currents to wear rubber gloves which would furnished on application. R. was not wearing such gloves when ie was hurt. -Held, that the fact the absence gloves was not negligence on R's part would warrant the being withdrawn from the jury :
that, to & R. was not bound said rules ; and that though his failure to take precaution was evidence negligence had a right jury in connection with other facts the case.
serrantit was standing railway track in the workshop heavy dray standing near, owing to the horses attached being startled, was thrown
9-Operation of railway-Assault passenger-Duty of
NEW TRIAL-Appeal-Newv trial-Alternaat trial r. -Finding of jury-New trial Principal and agent-Qualifcation juror-Wairer areeparol.] or " expenses and compensation " trial, that per on latter.
- Appeal-Order for trial- Where the court whose judgment appealed from ordered new trial the ground that the verdict was against the weight evidence: that this was not an exercise discretion with which the Supreme Court Canada would refuse to interfere and the verdict at the trial was restored.-The argument NEW TRIAL-Continued.
of appeal to the Supreme Court of Canada must based the facts and confined to the grounds relied courts
4-Neligence - Electric wire - Trespasser- Evidence-Conit-ibutory negligence.] Ahearn &
Soper had contract to illuminate certain buildings for the visit the Duke of York to
Ottawa and obtained power from the Ottawa wires were strung telegraph pole fastened with tie-wires the ends which were uninsulated. an employee the 0.
was sent the latter to place transformer on the same pole and, in doing his hands touched the ends the tie-wire by which received shock and fell to the ground being seriously injured.
To an action for damages for such injury & pleaded that R. had right to the pole and was trespasser, and the trial their counsel urged that the work he was doing was connected with the lighting building. in the city. The Court
Appeal held that this defence was established and dismissed the action.-Held, reversing the judgment appealed from Ont. R.
that the counsel's address did not indicate that the building referred to was not those to ill:minated under the contract and the evidence did not shew that R. was not engaged in the ordinary business his ployers and the should be re-tried the jury having failed to agree at the trial.-A rule the 0. E. directed every employee whose work was near apparatus carrying dangerous currents to wear rubber gloves which would be furnished application.
R. was not wearing such gloves when hurt.-Held, that the mere fact the absence gloves was not such negligence R.'s part as would warrant the being withdrawn from the jury ; that as to & was not bound said rules;
and that though his failure to take such precaution was evidence negligence he had a right to have it left to the jury and considered in connection with other facts in the r.
Damages--R. N. c. 17-Procedure-Oharge jury-Report trial judge- "
and servant-Contract of service- Termination notice-Incapacity of servant- Permanent disability-Findings ofjuryof eridence.
NEW TRIAL-Continued.
7-Charge jury Constitutional law Legislative Assembly-Powers of Speaker-Precincts of House of Assembly- Expulsion. - NOTICE-Master and servant-Contract service-Termination notice-Incapacity servant-Permanent disability-Findings ofjury OWNERSHIP-Sale of goods-Owner not in possession-Authority to sell-Secret agreement PARLIAMENT-Constitutional law-Legislative Assembly-Powers of Speaker-Precincts of House of Assembly-Expulsion.
- PARTITION-Conveyance of land-Description of property- Partition-Petitory action- " Quebec Act, "-Introduction of English law- Champerty -Maintenance- Affinity and consanguinity-Parties interested in litigation-Litigious rights-Pacte quotd litis-Illegal consideration -Specific performance -Retra it successoral-Pleading.
- PARTNERSHIP- Company law-Payment for shares-Tranfer of business-Debt due partnership - Set-off- Counterclaim - Accord and satisfaction-Liability subscrption for shares -- R. S. B. c. and
- PAYMENT-Company law - Payment for shares-Transfer of business assets-Debt due partnership--Set-off-Counterclaim -- Accord and satisfaction-Liability subscription for shares -R. S. B. c. and the formation joint stock company to take over a partnership business, each partner received a proportionate number fully paid up shares, at their par value, in satisfaction his interest in the partnership assets.-Held, reversing the judgment appealed from B. Rep. Davies J. dubitante, that the transaction did not amount to payment in for shares subscribed the partners within the meaning sections and The Companies Act, and that the debt owing to the shareholders as the price the partnership by them against their individual liability upon PETITION or RIGHT-Public work-Lands PLEADING-ontinued.
injuriously affected-Closing highway-Inconve- being joined in the action for performnient substitute-- Right of action.
-ance-The defence retrait droit liti5i7ux which can set only the debtor the litigions right in qnestion. PLAN -Expropriation of land -Statutory
Powell Watters referred authority-Manufacturing site-Surrey-Loca- to.-Where conveyance tion-Trespass.
share immovable the tion rtrait cannot set upnr
Baxter Phillips Can. C. 2-Highway-Road allowances-Reserrations and Leelerr v. Beandry C. Jur. rein township survey-General instructions-Model ferred
Moreover, the present the plan-Eridence.
513 controversy did not relate a succession ani, ).
any event, the assignor could not exercise the droit retroit siwcessorul. how- PLEADING-Action for account-Partition ever, that tle retention fractional interest of estate-Requte civile-Amendment of plead- the property might have the preings-Supreme Court Act, 63--Order nunc serving the right it successorni. [Leave pro tunc-Final or interlocutory judgmentto appeal to Privy Coned refused.] Form of recocation-Res judicata.]
a reference to amend certain accounts already taken, a judgment rendered 30th September, adjudicated on matters issue between the parties and, the accountant's
Contract mnnicipal corporation report, homologated 25th October, judg- Powers-By-law or resolution Right of action ment was ordered to entered against the -Confession of judgment
Evidence Admisappellant for 30th January, sious-Estoppel record-Art. C.- The appellant a requ4te civile to Concurrent fort
Pratie. the latter judgment within six months after it appeal had been rendered, but without referring to the
EVsNic first judgment the conclusions the petition.
It was objected that the first judgment had the 4-Appal-Prac'ice- Exception rt. res judicata as to the matter dispute P. Q.-Acquiescence--Motion quash River and was final judgment inter partes.-Held, impcoements-6ontinving damages- Contractthat whether the first judgment was final or Protective works-Discretion of merely interlocutory, the petition in revocation Varying minutes oijdgment-osts. must taken impeaching both former judgments relating to the accounts upon which based; that it came time as it had been POLICE MAGISTRATE-(ourts ofygneral filed within six months the rendering the of pence
Criminal lair Jurssaid last judgment ; and that it virtually raised diction of magist rate Criminal anew all the issues relating to the taking the Constitutional lai Constitution of criminal judgments. courts motion to amend the petition to include specifically any necessary conclusion against the judgment 30th September, had POSSESSION-Cron land-Acdrerse possesbeen refused in the court below and was re- sion-Grant during Jar. c. (Imp.) newed the appeal to the Supreme Court Informationforintrusion.] Though there has Canada. -Held, that, as the facts set forth in been adverse possession Crown lands more the petition necessarily involved contestation than twenty years the Jac. 1. the accountant's reports dealt with in the not prevent the granting the first judgment, the case was proper one for without first re-establishing title the exercise the discretion allowed section formation intrusion.
Judgment appealed the Supreme Court Act and that the from Rep. reversed, Davies amendment to the conclusions the petition J. dissenting.
(Leave to appeal Privy should permitted nuc pro tunc.
V. Council granted, July,
2--Petits-y action-Parties-Litigious rights 2- Title land-Colonrable title Possession -- Pacte quotd litis-Illegal contract-Specsic of part of land
Statute of limitations -Eriperformance causes of action
The part land claiied Retrait successoral-tTiers ddtenteurs.] There under colour title is constructive can objection to the demande au pdtitoire the whole which may ripen into an inde- POSSESSION-Continued.
feasible title if open, continuous for the whole statutory period. -Carrying lumbering operations during successive winters with no acts possession during the remainder year not constitute continuous possession. And it not exclusive where other parties lumbered on the land continuously at intervals, during any portion such period.
3-Title land-Sea beaches - Servitude- Possession annale - Possessory action.]
possession necessary to entitle a plaintiff to maintain possessory action must tinuous and uninterrupted, peaceable, public and proprietor for the whole period a year and day immediately preceding the disturbance complained
4-Sale goods-Owner not in possession- Authority sell-Secret agreement-Estoppel
5--Title to lands-Crown grant -Description
- Implied reservations -Navigable waters - Floatable streams
Inlet of navigable river- Crown domain
Public law-Construction deed
Evidence Estoppel- Waiver-Adverse
PRACTICE- Requtte civile - Amendment - Supreme Court Act, 63-Discretion-Order nunc pro tunc.] motion to amend a petition revocation final judgment to include specifically any necessary conclusions against former judgment deciding the issues in part and to accountant's report, had refused in the court below and was renewed the appeal to the Supreme Court Canada.-- Held, that, as the facts set forth the petition necessarily involved a contestation the accountant's reports dealt with the judgment, the was proper one for the exercise the discretion allowed section the Supreme Court Act and that the amendment to the conclusions the petition should permitted nunc pro tunc.
2--Time for appealing-Expiration of time limit-Extending tion the sixty days from the pronouncing entry the judgment appealed to permit an application for special leave which must
PRACTICE-Continued.
be made within the sixty days. Aso
3-Jury-- Charge to-New trial-Misdirection -Report judge.) ground a motion for a new trial was misdirection the charge to the jury. The trial judge reported to the full court that he had not made the remarks' claimed to misdirection and stated what he actually did say.-Held, that this proceeding lealt 4- Appeal--Discretion--Amendment--Formal The Supreme Court should not interfere with the exercise discretion a judgment.-Such 5-Appeal-Order for trial- Weight evidence-Discretion-New grounds on appeal.] Where the court whose judgment appealed from ordered a new trial the ground that the verdict was against the weight evidence; -Held, that this was not an exercise discretion with which the Supreme Court Canada would refuse to interfere and the verdict at the trial restored.-The argument an appeal to the Supreme Court Canada must based the facts and confined to the grounds relied - 6-Appeal-Exception-Pleading - Acquiescence-Art. P. Q.-Varying minutes judgment-Costs.] Where a respondent, appcal the court below, has failed to set the exception resulting from acquiescence the trial court judgment, provided article the Civil Procedure, he cannot, afterwards, take advantage the same tion motion to quash further appeal to the Supreme Court Canada.-On an application to vary the minutes judgment, settled the Registrar, for reasons which had not but
Concurent findings of courts-Duty of second appellate court.
PRACTICE-Continued.
PRINCIPAL AND AGENT -Continued. Discretionary order - Costs - Exemplary 3--Ownership
Lease -Sherifs sale- Title damages-Interference court of appeal.-153 to land - Insurable interest -Fire insurance- Trust-Beneficiary contrivances- 9--Appeal-Jurisdiction-Amount in controrersy-Future
Contract municipal corporation - Powers-By-law or resolution-Right of action ofjudgment--Evidence--Admissions
-Pleading-Estoppel record-Art.
C.-Concurrent findings fact-Practice
PRINCIPAL AND AGENT-Agent's mission -- Breach of duty - Secret profit.]
).
$500.
1'.
2--Joint stock company - Subscription for shares-Authority of agent-Conditional agreement.]
PRIVILEGE-Constitutional law-Legislative Assembly - Powers of Speaker - Precincts House of Assembly-Expidsion
PROVIDENT SOCIETY-Railways-Negligence-Braking apparatus-Sand ralres-Defects in machinery-Employer's liability-Condition of indemnity-Lord Campbell's Act-Right PUBLIC LAW--Title to lands-Grant from Naviigable waters-Floatable streams-Inlet narigable river-Crown domain-Construction Estoppel - PUBLIC WAY.
PUBLIC WORK-Lands injuriously highway-Inconvenient Right action ] The owner land convenient.-The that owner.-Where - "QUEBEC ACT, " -The laws relating Price Negliqence - Braking apparatus-Raiway Act, 243--Sand- vales
-Notice defects in machinery-Liability society-Contract indemnifying employer-Indemnity and satisfaction- Lord Campbell's Act-Art. C.-Right action.] The "sander" and sand -valves railway locomotive, may be used connection with the brakes stopping train, do not constitute part of the " apparatus and arrangements" for the brakes the wheels required section the
Act 1888-Failure to remedy defects the sand-valves, upon notice thereof given at the repair-shops conformity with the company's rules, merely the negligence an employee and not negligence attributable to the company itself ; therefore, the company may validly contract with its employees exonerate itself liability for such negligence and such contract a answer to an action under article the
Canada. oe renier Can.
R. followed. -Giroard J. dissented the ground that the negligence found the jury negligence both the company its
(Leave to appeal to Privy
Council granted, July,
2-Negligence-Assault passenger-Duty ofconductor.] If passenger railway train danger injury froi fellow passenger, and the conductor knows, or has an knowing such danger, it the duty the latter to take precautions to prevent it if or neglects to the company liable the threatened injury inflicted.
Pounder Nlorth Easterin Railway
1 Q. dissented from.
Judgment the
Court Appeal (5 Ont.
(Leave appeal refused Privy Council,
June,
.
3-Highway crossing
Negligence
Rate speed
Crowded districts
Fencing c. 29 250 (D)-55 & c. 6 and (D).]
In passing through thickly peopled portion city, town village a railway train not limited tbe speed hour prescribed by &
Vict. c. long the railway fences both sides the track are tained and turned into the cattle guards at highway crossings provided sec. said
Act. Judgment the Court Appeal Ont.
L. reversed, Girooard J. dissentig.
REQUtTE CIVILE-Action Jor account- Part ition of estate-Requite cinile-Amendment of pleadings-Supreme Court Act, 63- Order nunc pro tunc-Final or interlocutory
REQUtTE CIVILE-Continued.
jpgment-Fon ed6 petition rerocation--Res jndicelta a reference to amend certain accounts judgment rendered 30th September, adjudicated matters issue tween the parties and, the accountant's report, hoinogolated 26th October, judgnent was ordered to entered against the appellant for 30th January, The appellant moequte chile to revoke the latter judgment within months after it had been rendered, but without referring to the firstjudgment the conclusions the petition. It objected that the first judgment had the res jvdicata to the matters pute and judgment inter partes. - Held, that whether the first judgment or merely interlocutory, the petition cation must taken as inpeaching both former judgments relating to the account upon which it was hased ;that it time it had within months the rendering the said last judgent; and that it virtually rsised anew all issues relating to the taking the accounts affected the two former jdgments.-A to amend the petition as to include specifically any cessary conclusions against the judgment 30th September, had refused the court and was renewed the appeal to the Supreme Court Canada.-Held, that, as the facts set forth the petition necessarily involved contestation the accountant's report dealt with the first judgment, the a proper for the exercise the discretion allowed section the Supreme Court Act and that the amend ment to the the petition should permitted nunc pro tune.
RES JUDICATA-Commissioner of Xines- Appeal from decision-Quashing appeal-Final judgmenzt-Estoppel-Madam
W'here appeal from decision the Commissioner Mines for Nova Scotia application for a lease mining land quashed the Supreme Court the province the ground that not decision from which an appeal could asserted the judgment the Supreme Court final and and binding the applicant and the commissioner not a party to it. -The quashing the appeal would not, necessarily, determination that the decision not appealable the grounds stated had not shewn it so-In the present the the appeal precluded the commissioner or his successor afterwards claiming that the decision was appealable. If the commissioner after such appeal quashed, refuses to decide upon the application lease the applicant him to writ mandamus.-Judg- RES JUDICATA-Continued.
RIVERS AND STREAMS-ontinued. inent for account-Partition of civile-Amendment of pleadings-Discretion-Supreme 63-Order pro tune-Final judgment
Form of petition in revocation-Decision of lends Grant from Crown Inlet of navigable ricer-Implied resereations-Crown RETRAIT DE DROITS LITIGIEUX.
domain-Public law-Construction of Eidence Estoppel
Waiver.]
RETRAIT SUCCESSORAL.
gated.-An REVOCATION OF JUDGMENT.
assmed ROAD.
ROMAN CATHOLIC BISHOP-Corporasole-Roman Bishop-Devise of tion of
419 on the survey Tonship neteur, in RIVERS AND STREAMS- Floating boa Damnge--R.
poblicworksin S.
2--Riicer dainaes an ptitoire, Protectre iorks of truction.-Held, not.-3. RIVERS AND STREAMS-Continued.
was evidence the intention the Crown to make unqualified conveyance all the lands and lands covered with water situated within the limits designated in the grant
4-- Water commission-Consti nction of statute
-Damages to existing vorks-A ppropriation water
5---Title land-Accession-Sea beaches- Servitude-Access to navigable waters -- Possession annale-Possessory action
SALE- Continued.
built upon and to pay its value, besides having the right to recover damages according to the circumstances.-The judgment appealed was reversed.
2----Sale of timber on Crown lands-Contract -Agreement in writing- Constrution ofterms -Sale timber - Terms of payment.] The appellant held rights unpatented lands and agreed to sell the timber thereon to respondent one the conditions to payment therefor being that, the Crown grant issued, the respondent should settle judgment against the appellant which they both understood could,at that time, purchased for the issue of the grant, about months after- SALE-Sale of lands-Warranty-Latent wards, the judgment creditor refused to accept jects-Scle or exchange- Datson paiementfull settlemen at the latter date Misrepresentatson-Fraud-Errors-Rescission took proceedings enforce execution for the contract-Damages.] Where the vendor full amount.
The execution opposed sold, with warranty, a building constructed behalf the appellant, the respondent himself must presumed to have lug surety for the costs and being made a aware latent defects and, that respect, to party the pruceedings.-Held, affirming the have acted in bad faith and fraudulently judgment appealed from
Rep. making the sale.-The vendor, defendant, that the agreement to settle the outstanding the agreement for sale, represented that a block judgment not made unconditionally the buildings which was selling to the respondent, but limited settling it for plaintiff had constructed him solid after the issue the Crown grant for the -stone and brick and described them in land.
Held, Davies J. (dissenting)
, that formal deeds subsequently executed relating to the costs incurred unsuccessfully opposing the sale.
The walls subsequently began to the execution the judgment, upon crack it was discovered that portion paid the respondent, properly charthe buildings had built framed lumber geable against the filled and encased with stone and brick manner to deceive the purchaser.-Held, that the contract was vitiated account error
Sale of goods-Owner not in possessionand fraud and should set aside, and that, Authority sell-Secret agreement-Estoppel.] the vendor knew the faulty construction, Te owner contract writing, liable not only for the return the price, agreed sell and deliver to McK.. but also for damages.- Held, also, that the title not pass until they were paid for. nature the contract depended upon the being custody company intentions the parties as disclosed the last order to deliver them agreed. E., instrument signed them, relation thereto. dealer lumber, telephoned the ask- -In the present the sale was made in part lug bad them for sale and answered consideration vacant city lots given "No, I have sold them to McK." then payment pro tanto, and during the time the purchased portion them who defendant was possession the lots did notpay the owner thereforand brought erected buildings upon them with his actiontorecovertheprice from E.--Held,affirm materials. -Held, that, even if the contract ing the judgient appealed Rep. amounted to contract exchange, it Nesbitt and Killam JJ. dissenting, that the subject to rescinded the same manner and owner having induced that for reasons similar to those which would avoid could safely purchase could a sale, and, if the contract set aside for not afterwards deny the authority the latter faith the part the defendant, the plaintiff to -- Held per Nesbitt and Killam JI., that has options similar to those mentioned there was evidence that the owner articles and the Civil knew the identity theperson making the Code, that is to say, may either retain the inquiry telephone, and nothing said property built payment the value the latter to indicate that would not make the improvements, or cause the defendant to further inquiry to McKs authority to remove them without injuring the property, there was no estoppel.-Held, per Taschereau compel the defendant retain the property C.J. that the owner had given
SALE-Continued.
'SHIPPING-Continued.
parent authority to sell, and knew that had the time and left insurance, the agreed to buy for that purpose, sale by him obligation was not fulfilled and the owner could to fde purchaser was valid.
not recover damages.-Per Killam J. The r.
tract would have fulfilled the arrived at Fort William in time to load -- Contract-Resolution municipal corpor- under the conditions which might supposed ation-Acceptance of purchase--Eri- toexist arrival.
Judgment appealed from dence-Written instructions--Staute of frauds Out.
(Leave to appeal -Eetoppel refused Privy Council, July, and fraud
Co.
Evidence-Concurrent findings of lower courts
SPEAKER - Constitutional lan- Legislative Duty second appellate court
Assembly
Powers
Speaker Precincts House of Assembly Ecpulsion
SAW-LOGS-Floating saw-logs in rivers and streams-Damages-R. N. S. c.
SPECIFIC
PERFORMANCE - Petitory s.
265 action Specific perjormance of contract-Join- See ~vra
1i of canses of action.] There ptitoire SEA BEACHES-Title land-Acccessionannale -Possessory action
See ITL
8.STATUTE.
CONSTRUCTION OF- "Que- SERVITUDE-Title to land-Accession-Sea Act, 1774"- Ciminal law -Champerty.] beaches-Passage of navigable waters--Possession The laws relating champerty - ere intro. annale-Possessory duced into Lower Canada the-" part the criminal law England and public order the principles SET-OFF-Company lawv-Paymentfor shares which and the reasons for which apply well -Traniser ofbusiness-Debt partnership- to the Province to England and Counterclaim-Accord and satisfaction-Lia- the other provinces the Dominion Canada. bility subscription for shares-R. B. C. c
Price Afercier referred to.
Leave to appeal to Privy Council refused.) SHAREHOLDER-Joint stock company- Subscription for shores-Principal and agentgligence--Railways-Braking appa- Authority of agent-Conditional agreement. rates-Railway Act 243-Sand valves of defects in snachinery-Liability of eeCcompayProvident society
Contract indem- SHERFF'SSAL
Cwurshp
Lese itying employer -indemnity and Satisfaction- SHERIFF'SLord
Campbell's ct-Art. .- Right -- Title land -Trust- Benellciary-Fraudu. f action.] The "sander" and sand-valves lentcan ciranes
Etopcl.
1a, railway lo-omotive, which may used connection with not constitute part the "apparatus and SHIPPING- for loading--Loading at port -- Custom - Obligation of char- wheels required section thecRailway terer.] bhip, the terms the charter, Act
Failure to remedy defects in the was to load grain at Fort William before noon saud-valves, upon notice thereof given at the December 5th.-Held, per Taschereau C.J. repair shops conformity with the company's and Davies (Gironard and Nesbitt JJ. dis- rules, merely the negligence employee senting), that to load at Fort William meant and not negligence attributable the company to load at the elevator there ; that the obliga- itself therefore, the company validly tion the ship-owner was to have the contract with its employees to exonerate placed under the elevator in time to loaded itself from iabilityfor such negligence and where, finding several vessels ahead him, article the Civil Lower Canada. the captain saw that could not loaded The Queen Grenier Can. C. STATUTE, CONSTRUCTION OF-Con.
-Gironard J. dissented the ground that the negligence found the jury was negligence both the company and its ployees.
(Leave granted for an appeal to the
Privy Council, July,
-- Railway crossing-Rate of speed-Crowded districts - Fencing - (D)-55 & V. c. ss. and passing through thickly peopled portion a city, town village railway train limited the maximum speed miles hour prescribed & r6 V. c.
long the railway fences both sides the track are maintained and turned into the cattle guards at highway crossings as provided said Act. Judgment the Court
4--Arbitration and award-British Colubia
A rbritation Act-Setting aside award-Misconduct of arbitrator - Partiality - Jurisdiction of majority-Decision in absence third arbitrator-Judicial discretion.] reference under the British Columbia Arbitration
Act authorized two out three arbitrators to make the award. Afternotice thefinalmeeting the third arbitrator failed to attend, on account personal inconvenience and private affairs, but both parties appeared at the time appointed objections were raised account the abthe third arbitrator.
The award was then made the other two arbitrators present. reversing the judgment appealed from Rep. that, under the circumstances, there was cast upon the two arbitrators present the jurisdiction to decide whether or not, in the exercise judicial discretion, the proceedings should further delayed the award made them alone the absence the third arbitrator, and it inconsistent with natural justice that they should decide upon making the award themselves.-Held, further, that although the third bad previously suggested further audit certain accounts that had already examined the arbitrators, there nothing this circumstance to impugn the faith the other two arbitrators deciding that further delay was unnecessary. -Where it not appear that an arbitrator in a position with regard to the parties or the matter in dispute such as might cast suspicion upon his honour impartiality, there must proof of actual partiality or unfairness order to justify the setting aside the award.
STATUTE, CONSTRUCTION OF-Con. Mining plans and surveys-.NTegligence higher officials-Duty of absent owners-Ope. ration of metalliferous mines - Common liability-Employers' Liability Act-R. B. the "Inspection Metalliferous Mines Act, British Columbia, not impose upon absent mine-owner the absolute duty ascertaining that the plans for the wN orking the mine are accurate and sufficient and, unless the mine-owner actually aware inaccuracy or imperfections such plans, cannot 1A held responsible for the result at accident surveys.-The plat accident.-Held, mine.-The tendent mine would be negligence a employers would not be liable at common law, superintendent.-Per sequently.-Judgment appealed from reversed and trial ordered. Taschereau C.J. being 6--Rivers and streams- Floating logs-Damage-R. N. s.
authority STATUTE, CONSTRUCTION OF-Con. STATUTE, CONSTRUCTION OF-Con. ld,
Act not, therefore, inoperative gives of lanitoba clainscriinal 50().)- (ilan Transfer presenti pricedent--I maimpose and adnisteriug that Appropriationofwater.] uses."-Held, to thertiami that statutory approiate ae aside serapa othr prposes. 190.)
CAN
'rant durin- Jar.
for itru.sion.]
magistrate-Criniinl 785--Conitulair-Constitution of
Danerous troy, braced.-Held, 6-51 c. s.
[The Railway
7--51 (D) [Railway
8--55 c. 6, (D) [Rail- 9--Criminal
11--36 c. (Ont.)
[ Water Commis- STATUTE OF FRAUDS-Contract-esolution municipal corporation-Aceptance ofer purchase - Evidene-iWritten instru- STATUTE OF LIMITATIONS lands-Adrerse possession-- Grant during -information for intrusioni-21 Jac. I,
(Imp.)- - - - - - 2--Possession of part of lands-Colourable title-Eridence
STATUTES-21 Jac. c. (Imp.) [Limit- 2---14 III. 83--[Quebec Act,
3--R.
S. c. [Supreme Court Act] - STIPENDIARY MAGISTRATE- Courts of oj -Criminal - - SUCCESSION- Partition-Litigious rights- Pacte de quotd licis - Illegal Pleading-Retrait retrait Baxter Beaudry retrait successoral.-Semble, retrait SU1MARY TRIAL.
STATUTES- Continued.
13---R. S. 0. c. Workmens' c. (N.S.) [Expropriation of (N.S.)
- - RH. N. c. liability]
S. N. S. c. [Floating in 17--49 Viet. (Man.) [Manitoba Claims] 18---R. S. B. c. [Joint 4--R.
S. c. [Supreme Court Act] 19--R. B. C.
[Employers' liability]
Vct. c.50
[Mnitba0
-60Viet. c. ( B.C. ) [Ins pection of Metal- 5--48 and 49 Vict., c. 50 (D.)
[ Mlanitoba ieosMns
Mines]ALS allon-ances-Re- TITLE TO LAND-Continned.
creditors.-A plan ofterolicy onte groun of land-Description 8old-Porti/ion Ieti/ory and ionyinity Poljes -anner riq/is 1'cte EAST'lormance-Retrail Expropriation of land
Statutory p'aintifs
Manufacturing of line-Execution SWAIMP
TITLE O-nership
Leae sale
-Fire Prinpipal iotwithitauding Fraudulent -Etoppel.]
veynce trust mniiain ithut performance-2 TIat acknoledging, oily retrait successo-l company--Held, that
Baxer Phillips ait
Jur. sieca/not retrail ret/-it DiaUaE fradulent
TITLE TO LAND-ontinued.
TITLE TO LAND-Continued.
. -- Appeal - Time for bringing appeal
6--Title lauds-Grantfiron
Delays occasioned court---Jurisdiction- scrip/ion-Narigable waters-Floatable streams Controversy inroled.] action an pititoire -- inlet of norigable ri-er-Implied rese,-tions brought the City Hull against the
Crown domain-Public law-Construction respondents claiming certain real property deed- Aidence
Waiccr.] the the Government Quebec had sold and the Province granted to the city for the
The tle law England, waters can deemed Attorney General for was permitted navigable unless they are actually capable intervene and take up thefait cause the being navigated-An or inlet a naviplaintiffsivithout being formally summoned gable river cannot assumed to either warranty. -Held, the controversy navigable floatable, consequence its between the parties related to a title to real connection with the navigable stream, unless estate, both appeals would lie to the Supreme itself navigable floatable matter Court Canada notwithstanding the fact that faet-The land dispute forms part the the liability the intervenant might merely bed a stream, called the Brewery Creek. for the reimbursement than which was originally narrow inlet the Ottawa River (dry during the summer time 11-LL which the survey the 4--Crown claims-48 & V. (D.)-49 c. to that survey the defendants' anteur, -Const-uction of statute-Operation
Urant-Transfer prcesenti-Condition
Uder dent A sertien and ientsflcaonsttuio and representatives tands-Recenues and Constitutional law]
frs setio th
''ctfor the out interference the part the Crown, had )aw.]
The first section of the " Act forth tinal Settlement the Claims the Province pos-ession the lands both sides the creek and the that dring City Hull uses."-Ield, patent that statutory an pettomce, Attorneyrantor.field,affirning judgment appealed that, Brewery navigable ior Councio, lands covered with water the original grant passed to the grantee part the property desribed, 5-.Croa lndsGrat ierng dcese session-Inquest of office-Information jor terrupted the bed the creek trusion-Posession
Jac. I. Rep. 260) J. dissenting.
533 7-Con-rable title
Possession-Statute TITLE TO LAND -- Continud.
]
constitute during ecritudL ation.]
aid
Cou- CoUrTURE-I
Kpiopr
10--Appeal J,risdiction P(titory boudiry Er'ution of
TRAMWAY
Muicipt frlchisoidin scparat/ thirty clauses
Ist subsequeltly.
TRAMWAY -Contin dissenting, Sta. ~2 soj coumse/-Ciontritnutoryngiiu- Disa TRUSTS Ship -Lase -Sherifs rontriranres- VENDOR AND PURCHASER- Murjooi of party witingsuli- [S. C. B. Vo. XXXIV. VENDOR AND PURCHASER-Con.
WARRANTY derects - Bad faith I'reunplion.] filled the lad Priinii.sEi. WATERCOURSES
Proride
Cha,, jury lhenr thereto.-Held,
WATERWORKS roooisioii-ter.]
WAR WILL
Catholic will VERDICT
Order jbr
St. (tfjnst charity, in ti-nt Te~auuieathommobyiontirequired foy ofheeworkt, realta
Fndpaityfserva
. trust tions for which they and established." -Held, affirming judgment WAIVER-Tile from that private property -Description
N\ aeigable floatable testator well ldet of enigable riverTImplied reservations- property
Crown domain
Public Construction thi that deed- Eidenre--Estoppel- Possession adrerse other alter its costructiO. CLsY
WITNESS-- Action executors Interested WORKMEN'S COMPENSATION FOR witness
INJURIES.