Nv0 AND THE MUNICIPAL COR- A
APPELLANTS* PORATION OF THE TOWNSHIP
'Feb OF
NORTH
GRIMSBY,
(DE- FENDANTS).......................
AND
THE MUNICIPAL CORPORATION
OF THE TOWNSHIP OF SOUTH RESPONDENT. GRIMSBY (PLAINTIFF)............
ON APPEAL FROM THE APPELLATE DIVISION OF THE SUPREME
COURT OF ONTARIO
In 1882 the County of Lincoln owned the Queenston and Grimsby Road as county property but not as a "County road". In that year the Township of Grimsby in said county was divided into. the municipalities of North and South Grimsby and the Act making the partition provided that South Grimsby should not be liable to pay any part of the cost of maintaining this road which was wholly in North Grimsby. In 1917 the county, as authorized by the Highways Improvement Act, passed a by-law for the assumption of main roads in order to form a system of county highways the Q. and G. Road being included. South Grimsby, being called upon to pay its share of the cost, brought. action for a declaration that it was not liable for such payment so far as it related to the said road.
PRESENT:-Sir Louis Davies C.J. and Idington, Duff, Anglin and Mignault JJ.
37653-11