Judgment of the Court
DAVIES J.-I think this case turns entirely upon the meaning of the resolution passed by the Municipality of Inverness in January, 1902, and which was subsequently, in 1903, confirmed and made law by the Legislature of Nova Scotia.
The previous filing of the plans by the railway company may not have operated to pass the title of the whole fifty-one acres of McIsaac's land, attempted to be expropriated by the railway company, by reason of the limitations imposed upon this mode of expropriation by the general railway Act. I do not find it necessary to express any opinion on this point. But, when the statute of 1903 was passed confirming the municipal resolution and making it a part of the statute law of the province, the question is reduced to the meaning of that resolution and enactment and whether or not they provided for and included the lands of the respondent which the company had clearly attempted to expropriate and take.
As to the actual taking, surveying and fencing of the fifty-one acres there is no doubt, and as to the fyling of a plan by the company, shewing the whole fifty-one acres to have been taken many months before the resolution was passed, there is no dispute. The only question argued at length before us was whether I.s this plan so filed could be considered as within the specific terms of the resolution.
J.
Four distinct plans had been filed, and I have no difficulty in acceding to the argument of Mr. Mac- Donald, adopting, on this point, the judgment of Fraser J., that the whole four plans must be read together as they are capable of being read, each being in some respect supplementary and complementary to the other, and together constituting the plan referred to in the resolution as the railway plan file. If this is done and the enactment of the resolution construed, as it must be, as a statutory compact, binding alike on the company and the municipality, then all doubt as to the quantity of plaintiff's land taken is at an end.
The appeal should be dismissed with costs. Appeal dismissed with costs.