Majority
ACTION-Per C..J.-Where
Ai 1est \lani- ,atisy or jugmet tle nonyappeal notb tle Cort Kig N-E opposition.-Held, taces, oposition that culd rot Q.-Subs lillindicata policy-" "-Condition-Trade
-iyhrs-Champrty
ACQUIESCENCE
ADMIRALTY LAW-MJ'aritio
Iaor--collision channel-Bos- AGENCY
2--Appal
Juri-diction-Life claimed life; $7,000.-Held, 3-Appal-Juridiction--A ra2it.] judgment pealed from condemned the defendants to pay APPEAL-Contin ud.
APPEAL-ontinued.
vatory sale cargo lumber made con- that the damages had been assessed mere sent the parties pending the suit and for guess and were'not justified by any reasonable which credit was given to the defendants.calculation warranted the circumstances Held, that the amount recovered was dif- the
The Supreme Court dismissed the ferent from that demanded, and the amount application with jurisdiction the Supreme Court Canada to entertain an appeal.
Joyce Hart (1 Can.
_Conent.]pTeasecuptotoe Suprem A1vranc Court Canada cannot unless security Laberge The Equitable Lifefor the costs the appeal furished R. and Kunkel Brown reerrd
Goen Eclesrequired Act.
The giving Fed. Rep. referred to.
V. Evansi
Can. R. Evans Mitchell security cannot waived tie respond- Teleolm;
Mllsv. Lmoqs
Mnt calent nor the amount tile Act Limoges; Montrealhi
01etHOSE1.CoK reduced etd PrRt des Placements Can. R. 8---Right of appeal-nterest of appellantand Beauchemin Armstrong Can. Parties action-Art. P. Q.-Sele R. distinguished. I. subststuted lands
Prohibition ayeinst alienation-Arts. C0- Appeal-Jurisdiction-Interloctory pro- Pes judicata.] Where person might Thre apealhave ceeding-Final judgment.] There appeal h be to the Supreme Court Canada from judgnot petition for leave to intervene in made party tie Superior Court profor authority the lands, tory its nature. Hamel Hamel Can.
ale isngt him, inter foloued acta, does not prejudice
5-Appeal per saltum - New;
grounds.] Per Taschereau J.-Where leave 9-pecial leave
& K c. I judgment the that Ontario & Vict. 1 granted vving public interest, ilportant Donion Domiuion.-if Special appeal-Matter contro- great public interest and raises important of danages-Costs.] Motion was made for special leave to appeal the judgment complained plainly right. judgment to entered in favour the plain- -- Appeal-Juridiction-Partial renunciato an reertAtsA.ount
The action for wrongful dismissal plain- contror
1usalto accept conclitionalrenunciation appeal court belou-Gosts enqUite.] I anount tie demande tie limited section 11-Practie-New points ;-ided appeal.] ?er Kili
APPEAL-Continwud.
le set up for the first time the appeal,
Juidiction-Land Titles Act
"Torrens tSyste"-Inroluntary tran. llrs-Regli.try laws.
Conflirmation of tax sqale -Persona
-- Court of diction-ntelocnttory confirmation tax sale transfer judge the Supreme Court the North-West Territories, section tle Land Titles Act, a matter jriadiction tie of Hal fax wick and KillanI JJ.
JY. CO. r.
N.W.T.
-Special cc-' Railway Act, 1903"- Oder of Board of Railway Comnisioners-Ue of public streets of trceks-oegfitu- Proper-ty and riqhts -Jurisdic- Imposoig Where tie judge entertained donbt as to the jrisdiction the Board Railway Commissioners
Canada make the order complained and the qoestions raised public importance, special leave for an appeal was granted, terms, under the provisions
"The Railway Act. 1903."
Will - Execution e aidence
-Appeal- Findings In proceedings for probate the solicitor who drew testifiet that it signed the testatrix that their arrival if the signature it hers and wished tile persons present to witness and answered "yes" the witnesses acknowledged his signature the will but swore that had not heard question asked and answered.
Judge Probate held that the not properly executed and his decision affirmed the Supreme Court Nova
Scotia.
S. Rep. that two courts having pronounced against the validity the will court of appeal.
to appeal to Privy Council refsed,
15-Jdpnent appeal-Art. P.
-Quorum o/ judges -Judgmnt pronounced of disqualjifed judge -Jurisdiction
ASSESSMENT AND TAXES-Assessmnent and taxe-s-Exeiption -Railerays
R. S. NS. c. 73-Imposition tax-Date-Municipal Act-R.S.N.S. c.
(Assessment Act) exempted from taxation the road, rolling stock * used exclusively for the purpose any railway, either course contruction operation, the authority any Act passed the legislature Nova Scotia." Prior the passing this Act the appellants' railway had always exempt from taxation but that exemptwhen the latter into assented 27th, the ''exempted" the above clause, and May, the appellants were taxation their railway. -Held, byTaschiereau C. J., that under the recited clause the railway was exempt taxation. -Held, Sedgewick, Davies, Xesbitt and Killam JJ., that the railway could taxed under the Assessment Act the rate not authorized until the amending Act which it had into valid tax therefor
-Municipal corporation - Contestation roll-Limitations of actions-Interruption Suspensive condition
Constrnction ofstatute-52 V. c. (Q)-62 V. (Q.)-Collection of taxes-Art The prescription three years respect taxes provided the Montreal City Charter, Vict. runs from the date the deposit the assesment roll, finally revised, in the treasurer's when the taxes become due and exigible, and the prescription not suspended interrupted contestation the assessment roll, although the contestalion may been the proprietor the lands assessed.
Judgment appealed from affirmed, Gironard and Nesbitt JJ., dissenting. Leave to appeal to Privy Council granted, - Constitutional law - Conflict of laws - Legislative jurisdiction-Construction of statute -Retroactire
- Redemption of land for taxes- of title- Interest in lands- Equitable estate-N. T. Ord. c. 2; and 30-57 V. c. (D)-Practice-Form of order.] The pro- N. T. Ordinance, and Crown dues, are inconsistent with the provisions the 54th, 59th and 97th sections 70 7 ASSESMENT AND TAXES-Contned
ASSESMENT AND TAXES-Continu. the " Land Titles Act, and consequently, attempted laid upon any part pro tanto, ultra vires the Legislature the land subsidy the North-'cst Council, the North-West Territories. Sedgewick and Kil- North-West Legislative Assembly any mum- JJ. contra.-The section the cipal or corporation the North West Ordinances, providing for Territories Dominion taxation within the an extension the time for redemption meaning the sixteenth clause the Canalands sold for taxes, deals with procedure only dian Pacific Railway contract providing and retrospective and saves the rights exemption from taxation-Per Taschereau mortgagees prior to the tax sale to permit J.
the the Springdale them to in interested persons and re- I trict the whole action arose the deem the lands.
Sedgwick and J* North-West Territories, the Court King's contra.
The Ydun Times L. R.
Bench Manitoba had jurisdiction to In re Kerr Ter. R. entertain the action to render the overruled.-Per Sedgewick and Killam JJ. ment appealed
The provisions the said section cannot want jurisdiction could not waived.which the transfers hal issued and the right I V. Ry.
fy. No' a
N.-W.T
Assignment ol debt-Sheriffls -Equltable Sa.sitJqimealt--Statltte ofLimzitat ions Payiment- Constitutional law-Exemptions from tax- Ratification-Principal and agent.] In ation-Land subsidies of Canadian Pacific Scotia debts cannot under Railway-Extension of boundaries of Alanitoba cution and the act the judgment debtor -- Construction of statutes-- B. N. Acts allowing sale not constitute and 1871-33 (D.)-43 F, c.
table assignuent debts to the purchaser. c. - 1 and (3rd-The purchaser re-eived payment account Sess.), (Alan.)-Construction of contract-Grant debt which, subsequent action in pr'esenti - Cause of action - Jurisdiction the creditor and others, relied to Waiver.] The land subsidy the Canadian prevent the operation the Statute Lt'itations.
Held, that though the creditor might Act, Vict. 1 not grant prs unable deny the validity the payment senti and. consequently, the period twenty could not adopt obtain right years exemption from taxation such lands action thereon and the payment having provided the sixteenth section the made to third party not agent tract for the construction the Canadian Pacdid not interrupt the prescription.
Keighley, Railway begins from the date the actual laxtead & Durant from time to time, after they have been earned, selected, surveyed allotted and accepted the
Canadian Pacific Railway Company.-The emption from taxation " the Dominion, of interest Decree in favour assignee Ghampertous aqreeoient
West Territories in which this exemption ATTORNEY-Notarial projeision in attached was a'lded to Manitoba the latter was -Custody of deeds-Attorney in fact-Implied taxation.-The
BANKS
AND BANKING
Estoppel Forgery-Promissory note-Discount-Duty notify holder:]
the Alanitoban ture Manitoba in respect added terri- for would fall due at that bank a nmed, constrution.
[S. C. R. YOL. XXXV BANKS AND BANKING-conltinad.
BILLS AND
NOTES-Contract Secrity for debt-Husband and t-ife--Parnt and
87,000, inakers feld, bilin.signed.-Held,
-- BOARD OF RAILWAY COMMISSION- ERS-Appeal-Spemial
1903"-Order of Board overs-fe of -Rnror-lof rivil rijhts term.]
- BOSTON HARBOUR-Maritime 'a" Inand l-alers-Rules of nariation- Yarro- BROKER-Principel and flmlbing le sted wis Judicature
Principal and agent-Broker's ofland-ProicnrinU lar-Connercial corporation-Powers of CANADIAN PACIFIC RAILWAY-Aand Contitutional emrptions-from -Land sullidip, of Railray-Extn-ion of Ilanitola-Contruction of eafte 'oostittion of and rritorie' -Jurisdi-tionr air,
CARRIERS-veqligence-Dangerous way- CASES-ontinued.
Operation of railway-Defectice bridle--titon:
pa ticse
E
- ([902]A.ncu. 20)awy
. Ro2 Liability of carrierfor In the abseneQ10
AC.2)ditnuse25 not liable for injuries sustained a gratuitous 12 passenger. Mofatt Bateman (L. R. C
1---Confederation Life Association Miller followed. Harris Perry &- Can. R. followed.
(K. distinguished.-Although railway company may have failed properly maintain bridge under their control as to ensure the 1]3--Connolly City of John N. the mere fact such omission duty not necessary to maintain an action damages for 14--Coen Erans the death gratuitous passenger. Judgment distinguished.
appealed 13. Rep. affirmed.
eeV
15--Coper Laidler CASES-Alaska Packer's Association
16--Cidlen In re Estate of Alicia N. 2--ArUyle Canadian Pariflc Rway.] Rep. affirmed.
16a--Darie v. Montreal Water and Power 3--Attorney General for Ontario v.hamilton R. reversed
Street Railway Co.] followed.
17--Deaulniers Nora
Rep. varied
-- Dominion Bank v. Ewing (7 Ont. L. R. -- Banque du Peuple v. Trottier.]
19--Fraser Abbott Dig. refer- -Beauchenin
R. distinguished
20--The George Bouchard Bernardin La Rdserre Mutuelle des followed
Etats-Unis (Cour Paris, 1904;
21-Gerrard
O'Reilly
Dr. & War. 7--Black Imperial Book Ont. L. R.
-Gion Neleon Ont. 8--Briffs Necswander R.
See 3.
Brooknan Conway applied.
10--Byron N. White v. Sandon Waterworks and Light
Hakfax city of j
CASES-Co,,;iod.
Haout Hamel Can.
Perry
28--Hotte Bireaia
WiQ. 3.
Jore Hart
31--Keighlcy,
Durant
- - Kr ,r,
Ter. L. R. over- Ste
34-Kunke/
Labere Lije
36--Lalhancc PrIt ments S.C.R. distinguished
37--Laishley
R. Special leave appeal refused-184
Lumouce Fournier dit Laroe
Can. discussed and distinguished.
Ru'd
LicombeFat/s affirmed Rep.
42--Mardonald Can. 43--McGibbon 44--Mills (22 45--Mitchell 46--Moffatt Stret Carriire Mutual Found to- 2(6, 49--Nightinuale - 51--O'Dell Greyory Can. R. Prorident Saings Lije
Can. referred to Lapierre -- Ross R. re- 55--Sandbery 56--Sierecreferred
R. affirmed.
CASES-Continued.
CHAMPERTY- -Coin
Smith Smith R. re- valid, being good consideration and severable the remainder the interest.
59-Smitheman Exparte R
2-2 itte land-Conreyance upon conditions 490 -Publc park Trust-Forfeiture-A sigiuneni of interest-Decree infarour of asignee-Cham- 60--S. Morgan Smith Sissiboo Pulp and Paper Rep. affirmed - 3-Solicitor and cliet-Cost.-Confession judgment -Agreement comi-qel-rercharge 61--K.pringdalce Pacffe
Alan. L. R. reversed
82--Talbot Guitmartin Can. R. CHATTELS
Miig
Prospector's /ir- T'slinq %y-Amiexaii' tofre. hold--Trade fixtures Fi. fa. bonis-Sale Bergeron Can. S. C. R. aner enecvtio]
ehecen mini 693wild bolts, out injury to the freehold.
Held, that the Wdrtele Loan Canada quently, it was subject to seizure and Rep. affirmed, but different reasons.
CA
E~TY land C'hampertou agreement-Litigiousrights.] In Brigsyv.News quarter interest in certain mineral claims.
that Newswander
2-Arts.
(Tuorship)
given plaintiff conveyed nine-tenths his moneys advanced and undertaking to 3-Arts
933a,968 (Subtittion)- 193 Briggs recited the proceedings the action and the I 4-Art.
the nine-tenths, conveyed to the remaining one-tenth his interest, the consideration that deed being payable by 5Art.
an(]
(Coaitrrtion oJ the claims to F.
In an action by against F.
for declaration that was entitled to the etc.)-274 quarter interest.
Held, affirming the judgappealed from Rep. that 7-Art.
C. C. (Wills)
title 8-Art.
. (Sale of depts)
-Held, that the transfer one-tenth was
CIVIL CODE- Con/iel.
COMPANY LAWc-Coointind.
fol Se joint rouyany-Trr,.
a ofpartne)
*forinre.] syndicate conssting CIVIL PROCEDURE-Art. patent rights belonging to two other embers Art. (Dmn'g ")
- 3-Art.~~~~~~~~ 77C
.t)
rihts them, trust for the sjdicate, anl peals)
- transferred to the syndicate the company without any consideration the allotment shares proportionately the Set
~t/F.proprietory
Syndicate members, proportion i per cent to the defendints CODE, CRIMINAL patent rights, the other three members per cent the total stock. A CODE MUNICIPAL, QUEBEC was formed and, default its poration within that time, the lands to lai-Inland the pos - 616i
Aii6
COMMISSION
Principal and comiiiision-Sale land-Procuring opiion coipaiy liited, poratiou-Powers
COMMITMENT-Form of worrant-Impri- developient Counnc i/eof seiteice nder agreeient. 2--Criminal coey the lands penitentiary-Form of ailiiis- COMPANY LAW-Conunerial -orporwtionias -Contract-Sile of of miianaer-Broker' ionuission.] Pertiie liiited, tie plaiitiff Horvn
Ns
CONDITION - PC.
168-X;
apptal S. C. R. VOL. XXXV.]
CONDITION- Continuod.
CONDITION- Continued.
dition precedent-Construction of statunte-59 V.
Eidence-Verdict-New trial-Life inc. s-. (B. C.)-Mineral claim -Expro.
surance-Accident policies-Conditions priation -- Watercourses Trespass-Danzages tract - Non-disclosure -WIaiver-Injunction.]
The Sup. Ct.
Words and termns-Rule of interpretation-Warcedent, the performance which intended to contested, shall distinctly pleadings the plaintiff defendant (as
Construction of agreement-Sale of goods the may and, subject thereto, -Breach of contract-Specific performanceall conditions precedent, necessary for the the plaintiff or defendant, shall implied
Syndicate promote joint stock companyhis pleadings."
In action for trespass Partnership-Trust agreement -Construction and mandatory injunction, the defendants contract-Administration majority of partpleaded the right entry under private ner
Lapse of time limit
Specific performand the consent acquiescence the plain.-ne
The plaintiffs replied setting up failure defendants to comply with certain I conditions precedent to the privileges claimed but did not set up another condition precedent CONFLICT OF LAWS.
upon which the judgment appealed proceded though it was not referred to at the eld, Killad
J. contra, that the rule CONSPIRACY--Contract-Security for refers rather to founded contracts - Promissory note-Husband and wife-Parent than to those where statutory authority and chill.
relied upon and that the plaintiffs need not replied they did, but, having done without setting up the condition specially CONSTITUTIONAL
LAW-Appeal-Jurelied upon, appeal, thereby possibly mis- risdiction--Land Titles Act- TorrensSysten" leading the defendants. they were properly -Involuntary transfers-Registry lawes-Conpunished the court being deprived firmation of tax sale-Persona designata-Court their costs appeal.
Per Killam J.
It Oorginaljirisdiction-linterlocutory proceeding was improper for the court appealed to -Constitutional lair- Conflict of laws-Leislaallow the absence proof to set up for the tie jurisdiction-Constructon of statute-Retrofirst time the appeal.
actire efect-Redemption of land sold for taxes -- Vesting of title-Interest in lands-Equitable estate-N. 2: and 30-57 V. c. 28(D)- A'sp
Practice- Form order.] The confirmation a tax transfer judge the Supreme Fire insurance-Contract of re-insurance Court the North-West Territories, under Trade custonis -Conditions of contract section the ''Land Titles Act, is policy-Limitations of
228 to 208the ment the full court afrmina the City of Halifax Can.S . C. Muniipal corporation-Assessment and Sedgewick and Killam J. contra.-The taxes-Co of roll-Limitation of'provisions tie N. ordinance, actions-Interruption prescription-S e11- vesting titles lands sold for taxes sire condition-Construction of statute- tie forthwith upon the execution tion of taxes-Art. C.
the transfer thereof free charges and in- TAXES 2.for
Appeal-Jurisdiction-A 59th Land Titles Act, appeal in court belon-Costs enquite-Nuis- pro tato, ultra rires the Legislature Killani JJ. contra-The the 10.N.
ordinance, providing extensiof taxes, deals with procedure only CONSTITUTIONAL LAW-ontitned,.
and retrospective and saves the rights mortgagees prior to the tax sale to permit redeem the lands.
Sedgewick and Killam
Kerr the said section cannot operate retrospechad issued and the right redemption was gone the present case.
reprit
Gototas--Entry
Stationes' Hdl declining tle
Leave appeal to Privy Council refused
May, of di
Puttfc steatt--B.
Arts atd (D.)-43
(D.)-44
(D.)--44
Ses'.), dian Pacific Railway Company authorized pretpiiti and, consequently, the period
Canadian Pacific Railway begins from the date from the Crown, from time to time, after they
Company.-The tion.-The
CONSTITUTIONAL LAW-Conteinued. respect such added territory and embrace the previous legislation the Parliantent Canada relating the Canadian Pacific Railway and the land subsidy aid its struction.-Taxation any kind attempted to laid upon any part such land subsidy taxation.-Itr judgment that stch Referiaie Court-R. 37-54 4-Li gislatetiri jtriediction.] statute & Vict. does not empower the Governor General Council to refer the dissenting.-The refer important questions law or Legislation to prohibit Sunday the perform- CONTRACT- Ltjeiiisutrane-Wlar risk-Sersiall arny CONTRACT-Contiw d.
CONTRACT-Gonties?.
assured " has hereby consent to engage possibly, have the lay agreement thta military service South Africa in the army was thus spoken and it appeared that, Great Britain any restriction the policy although the defendants became aware the tract to the contrary notwithstanding."
The difference the terms payment mentioned restrictions were against engaging in naval or the mortgage and complained this the military service without permit and travelling plaintiffs' agent, they continued work the or residing any part the torrid assuming that the altered terms payment contingent arrived at South Africa after hostili- would not insisted
Hid, reversing ties ceased and action wasbrought against the the judgment appealed
Sedgewick ani company for return the extra premium the Killam JJ. dissenting, that there not ground that the insured had never been soldiers cient evidence acquiescence the altered the army Great Britain time war.
terms payoent and that, the evidence Held, Girouard and Davies JJ. dissenting, that sheved that defendants were illiterate and the the risk taken the company the war contin- mortgage had tot read over them ning for long time and the insurance remaining request and they had misled its inforce long the annual premiums were paid contents, they could not bound its altered was sufficient consideration for the extra pre- provisions the paynents.
mium
4-Uotsrtctio in South Africa waiver the restriction
Dasstre il.]
The plaintiff against travelling the torrid
John for boors dredging and tuch longer the city ight require notice to appeal to Privy Council refused, the that period, paid at statet rate stbject deductions time that the - Cotntr-ctions of railtay - Injunction dredge unable to reason injury Itereedto the plant or machinery interruptions citeest putliy Pssh/icape coprotiot-rts the the weather. Delays interest-Lapse of
"trantway"-Ayreeenti accont the water being loa high bitt, Sto local territory-Inralid otract Pub although bh parties aware that this policy - Dominion Raiway Act - Work forI would occur at tides at the Act-Qiebec Municipal potters.] agreement corporation that aco alprenie or aedu cti abstain from exercising franchises granted the promotion the convenience the publithe ttt ei fr
B. re).r411 is invalid being contrary to public policy andi the construction tt the pantifered cannot enforced the courts.
covenant that the city should pay the tiue 48lost reason the high ties erroneous new trial.
3-istake-Misepre4entation
Lay alree.
cotttrt-Ctttot iliterat- persons-Eridence.]
C.-Salt qooe/-Delitery.I leased mining rights under lay agreement The construction contract for the the defendants providing livision profitsgoods cannot affected the introductio and payment anu existing debt and for advances evidence mercantile usage utless the dates therein terti the contract are doubtfuland antbiguto secure the advances.
Owing to inac- f- 1it/itel life preniitt a-sessnet-Ratis ag-Pratt, Pu over to the defendants, who were unable to read
A. took out policy and had requested that it should read over mutual association relying stateto In action the mortgage evidence ments contained circulars issued the was given that document signed that date ciation stating that interest the reserve was represented to in terms similar to the would sufficient to cover increases the lay agreement first drawn but it might, death rates and make the policy, after certain CONTRACT-CoGatnid.
Sedgewick JJ. that Lif, Fotri' Ti- 'ovint.
sifn
Soeity Moiit oidable was le Mttttl fv. 7-Pomiiissor-y note--St triy for ttleing coul suis 87,000, C.J. C... HldI, duced conais good Siei/fe Datatto.] CONTRACT-ontiaud. dimensions, thirty Ierforiance until seting, .s/~oiu e. (D.)-44 Coittraetiot Wiktr.] preseitti dian Coipany. Hid, taxation.-The CONTRACT-Contin
CONTRACT-Continued.
are constitutional limitations the powers against the trustees for performance the Legislature Manitoba respect the agreement to convey the lands and transfer added territory and embrace the previous legis- the patent rights the company, incorpo lation the Parliament Canada relating to rated, or damages-Held, that the tenth the Canadian Pacific Railway and the land clause the agreement controlled the adminissubsidy aid its construction. -Taxation tration the affairs the syndicate and that any kind attempted to laid upon any part three-fourths value the members had land subsidy the North-West Council, not joined the formation conpany, the North-West Legislative Assembly or any proposed, within the time limited, the lands or school corporation the North- remained the property the defeidants, West Territories Dominion taxation within patent rights revected their original the meaning the sixteenth clause the owners the plantiff could not Canadian Pacific Railway contract providing performance. 1{ur.
st-ety--Neyli- Co.; -Lc/tts-Rho.~e rotrect-Piutipal itit-ctttiott i'oiIypothec, the plaitiffs became sureties the rity lin/-Specifi debtor and, further security, the debtor iof two their number, the defendants. u rt ied ided 'for further securing patent rights belonging two other meubers; repayment the said interest and the three remaining members, plain- sories and premiums insurance on te said tiff furnishing capital, and all wthat the debtor and sureties ''by agreeing assist, the promotion te ray pledge aft/he ee transferred posed company.
In meantime the and mad over unto the lender" certain were acquired the defendants ind patent constituted rents and seigniorial dues. rights assigned them, trust for the further provided that the actual agent syndicate, and the lands and patent rights were seigniory should remain agent urtil the to transferred the syndicate or the should repaid with interest and insurance cump.ny without consideratiIn Gave the diCsturtid bo te creditPr, and that allotment shares proportionately to the the creditor should have the right to dismiss terest the parties.
The stock the pro- said agent should fail to make out the company to allotted, having nues the seigniory and remit the creditor view the proprietary rights and the amount necessary the payment buted the syndicate members, proportion interest and insurance premnius.
It further M per cent to the defendants provided that the lender should not respon held the property, per cent the owners the debtor and sureties for the agent's the patent rights, the other three members acts, the debtor and sureties assuming responto receive per cent the total stock. sibility therefor. The judgment appealed time limit se within which the found, facts, that the sureties had made a pany to formed and, default its provision the hands the creditor for the incorporation within that time, the lands were purpose payment the premiums out the to remain the property the defendants, the reverues assigned, that, for sch purposes, the transfers the patent rights were to creditor had the mandatary the sureparties the are ties and responsible the due fulfilment position the agreement never such nandate, and that there were made.
The tenth clause the agreement pro- funds derived such reveues psy a vided that, difference opinion, renewal which due shortly before three-fourths value should control.
Owing the death the debtor, and which payment to opinion, the proposed co pany had omitted made through was not formed but, within the time limited, the lect or fault the creditor obtaining the plaintiff, and the other two members, holding funds therefor the agent.
Inconsequence toaether per cent interest in the syndicate, this failure to pay the the benefit caused company to incorporated for the the policy lost. Hidn, affirming the judgdevelopment and exploitation enterprise neut appealed (Q. Idingand demarded that the property and rights ton J. dissenting, that the contemplated should transferred to it under the agreement.
the payment the premiums the creditor This being refused, the plaintiff brought action out the fends assigned; that the creditor CONTRACT- Contin- d.
pro filRTELE
12---Solicitor cliqnt-Costs-Confesionoj judnent--Aqreemient e-in-uranc trial- Acide,,t tract
Alijpesentatons Non-di'- 15--Agreenent for sale
Principal and agnt-Brokr's sion-Sale ofland-Procuring purcha ser--Copany lar-Commercial corporation-Power
17--Principaland ageut-Gambling
18---Will-Testamentary capacity-Eridence
Art. -Marriage contract-Duress
CONVERSIONlands grant-Plan of survey-Gertified
CONVICTION
Crninal
-Verdict-Crown
COPYRIGHT -Literary reprints- Entry Hall-Imperial
Canada.]
Cotii
Sniles BIford r.
-Orde, rr-rity-Inte judqmr jiudicat oder-Re rtjijinal-Practi,afa e le that 2-Solicitor and client-Costs-Confession The solicitor took confession judgment JelN, suit .
4--Special appeal-Matter rsy-Asaessment of of of COSTS-Continued.
COURT-Continu
Appeal-Jri-diction-A mount in contro- 4--Court of record-Inferior tribunal-Criniversy-Conditions and reserrations--Supreme nal law-Venue-ndictment-Commitment to Court Act 29-Refusal accept conditional penitentiary-Form of warrant-Copy of renuciation of appeal in court of enquete - Nuisance Statutory powers
Negligence -- Legal mcxin.
CRIMINAL LAW-COmmitment-Imprisonnent in penitentiary-Form of warrant-Venue -Commencement of The certified sentence COUNSEL-Solicitor and client-Costs-Conthe penitentiary fession, judgment-Agreement with counseland it not necessary that it should contain Overcharge.
every essential averment conviction.mentioned the margin commitment, in the an which COUNTY COURT JUDGES CRIMINAL not require description, it COURT-Criminal law-Venue-Indictment_ necessary that the warrant should describe the Commitment penitentiary-Form of warrant place where the was committed.-A tribunal.
from which theterm imprisonment shall begin to run, under the seventh subsection the Criminal terms imprisonment commence and from the day COURT-Appeals of the passing the sentence. Ex parte Art. P.
Practice-Quorum of jud- - Judgment pronounced in absence of disqualified judge-Jurisdiction.] Art. C.P.Q.
-Crown case reserved -Form charge- Theft-Taking "fraudulently and of right"-Criminal 611-Form FF.-County Crimithe case argued, recused himself as disquali- nal Court-Court in bunco-Jurisdiction of quojudges jurisdiction to hear and decide Crown 2--County Criminal bauco-Jurisdiction of
Court.-The hear and decide Crown reserved stated but the charge did not allege that the that the which the prisoner Appeal-Jurisdiction-Laud Titles Act- 3-- -Indictment-Commitment peni- "-Inroluntary tentiary-Warrant-Criminal laws-Conirmation of tax sale-Per- 754-R.
denignata-Court of
Court the North-West Territories, under local description not required, there matter proceeding origimating in court mitted at the place mentioned the venue in superior jurisdiction and appeal will lie from the margin the record.
final judgment the full court affirming the quence whether or not the trial court should to the Supreme Court Canada.
City considered inferior court. -Under section of Halifax R.
" The Penitentiary Act," R. JJ. trial judge the clerk or acting ST.
INI)EX.
CRIMINAL LAW-Continned.
S.
4-Criminal 242-Wounding with cce
JJ.dissenting.
Principal and aoent-Gambling
-Brokeraye-Crininal
CROWN CASES.
CROWN LANDS - -scription grant-Plan of surrey-Gertified license-Testmachinery-Annexation
-Fi. fa.
and tares-Constitutional law ta.rtion subsidies
Parific
Manitoba-Construction of and Territories-Construction presenti-Cane
CUSTOM OF TRADE oj tract-Arts.
custom "Rider"
of Art.
CY-PRES-Will-De rise -Discretion of excu- Failure of of derise-Cost direction-Findinqs jury lamaqes-Art.
Q.]
powers-Neglience- Damarles-Costs appellants; that incurred.-Held, DAMAGES-Continued.
DEETOR AND CREDITOR-Continued. that, although the nuisance complained was vent the operation theStatute Limitations. caused the defendants acting under rights -Held, that though the creditor might secured to them special statute, yet, as able deny the Validity the payment there was negligence found against them could not adopt it to obtain right evidence sufficient to support that finding, the action thereon, and the payment having maxim sic utere tuo t alienun non ledas ap- made to third party not his agent plied and the powers granted their special did not interrupt the prescription.
Keighley, charter did not excuse them from liability. The Aaxtead & Durant C. Canadian Pacifc Railway Roy I followed.
2-Contract
Pronisory ee
Husband and Parent and child- 3-0verholding tenant-Neyligence- Trespasser-Licensec-Master and servant.] trespasser or bare licensee injured through negligence may maintain an action.-The workmen a DEED
Mistake
Alisreprcsentions Lay contractor for tearing down portions build- agreeent-Mortyage-Execution of documents ing order to make alterations turned a illiterate persons-Eidence.
water tap in where they were working and neglected to turn it whereby goods the story below were damaged water.-Held, 2-Consrnction of Contract-Cstom of trade Davies and Nesbitt JJ. dissenting, that the act -Arts the workmen done course their employment; that it was negligence ; and that the owner the goods could recover damages -3-Agreement of sale of land Falsa though was possession merely as over- demonstatio-Position renlor's signatureholding tenant who had not ejected.
Speciic performance.
4941 I
4---Special leare to appeal-Matter in controtersy-Assessment of damages-Costs. - 4-escripion qrat-Mininj leqse Eridence
Certified copy
Plan of surrey 5-- Construction of contract- Implied coreunt
5--Assesmnt and taxation -onstitutional lar-Bxe nipt ions front taxation Land subsi- 6--Practie-PleadinU-Condition precedent dies of Canadian Pacific Railway-Extenson -Construction of statute-59 V. c. houndnies Manitoba
Construction (B. C.)-ilineral claim-Expropriation- Fstatutes in respect constitution of Canada, ter courses- Wateriworks- Wairer-Injunction Munitoba and North- Territories-Constrnction of contract-Grant in prasenti-CauSe action-Jurisdiction
Waiver.
Construction of agreement- Sale goods- Breach of contract-Specifi- performance-Da.
DEBTOR AND CREDITOR.
Assignment debt - Sherif's sale - Equitable assignment Statute of Litmitations-Payment- Ratifcution - Principal and agent.] In
Scotia debts cannot sold under execution and the act the judgment debtor allowing sale not constitute an equitable assignment debts to the purchaser.
DELIVE RY - Sale of goods -Construction of cont-ac-t-Cu-tomr of trade DESCRIPTION - Agreement of the sale land-Falsa dcmnostratio-- Position of rendor's signature -Specific perfromance.
9-Crown lands lease version
Title to land- Eridence--- Description in grant-Plan of surrey-Gerti/ed copy-- DISCHARGE-Principal and agent-Satis- EMPLOYERS' LIABILITY-Contin'ed. faction and discharge -Payment in adrancepetent person to attend to the working the Custody of deeds-Notarial profession in elevator it was not liable at R. Q.-Attorney infact-Im- negligence although it liable under the plied mandate - Eridence-Parol-Commence- Employer's' Liability Act.
ment proof in wrting-Art.
Admissions-Art. 0.
Q.-Practice- Adduction eridence-Objections testimony 3-eglienc-Employers' Liability Act -Rale of public order
- - - Defect ways, &c.-Care in moving cars ntributory negligence.] 0., workman -Primaldd Surety-Laches Surety--Mort gage-Pledge-Co assist, the two set the track facing two DURESS
Will
Testamentary capacity.the track which, after they had Eridence
C.- Marriage working for a time, engine was attached which the towards then, and 0. not hearing or seeing them in time was run EMINENT DOMAIN injury.-Held, also, that the employees engaged moving the cars were under EMPLOYERS'obligation and employee-Disobedience of
JI. that place specially provided for cutting the iron defect the ways, works, per JJ. rsstansil was not disobeyed.
Lamoureux Fournier dit
-Negligence-Master and serrant-Find- ('an.
ingsofjury-Yeir trail.] constructingthe for elevator staging had to raised and serraut-Danger- le trorks -Knol of master-Employers' uitil coitractor liable at common law.-Held, per Nesbitt J. for which, under the evidence, defend S. C. R. YOL. XXXV.]
EMPLOYERS' LIABILITY-Continued.
EVIDENCE- Continued.
many the questions submitted were irrelevant payment thereof alleged to have made to to the issue and may have confused the jury, as the mandatory the creditor.-The there should trial.
V. prohibition parol testimony, certain which must judicially noticed, and, where ERROR-Misrepre.entation-Lay agreementevidence has been improperly admitted at Mortgage-Execution of documents illiterate the trial without objection, the adverse party persons-Evidence.
cannot take objection to the irregularity ESTOPPEL-Conlduct- Forgery
Prom ijsory
PINCIPAL 1. note-Discount-Duy notify holder.] & trial-Life merchants at Montreal, received from the ce--Conditions of coattrart-.Misrerrcsentation Dominion Bank, Toronto, notice in the usual
N o form that their note favour the Thomas
Wdsate-Rue of ie rrati. Phosphate for would due at that Unless the evidence strongly predominates bank on date named and asking to pro- against the verdict the conclusion vide for it.
The name & had been that the jury either wilfully disregarded to said note which the bank had discount- tie evidence failed to nderstand appreed.
days after the notice was mailed at
Toronto the proceeds the note ad beeidat ciate it, trial ought nt to rocedsof otebadbee dr~vnOn application for insurance, the appliout the bank the payees. Held, affirming cant stated, reply to questions to insurances the judgment the Court Appeal (7 Ont. L. his then that carried policies Sedgewick and Nesbitt JJ. dissenting, several insurance companies ned, but that receipt said notice E. & were did not mention two policies which le had under a legal duty to inform the bank, tele- accident insurances companies insuring graph or telephone, that they had not made the death or note and not doing they were afterwardsagis yfrm cidn.Th noteandnot oilg the wee aferwrdsquestions answered not specially refer to estopped from denying their signature thereto. accideit insurance, but the policy provided that the statements the aprlication should Leave to appeal to Privy Council refused constitute warranties and part the tract.
2-fduhal insurance-Natural
, the Jdstice dissenting, that dent insurance" not insurance the character met-pratiatattained a-rad enbrced ''insurance War-anzty-il!iaepresegta
PuiomAqi~cneMsak-Peogpno e truthfully answered according to de natural contrat.
330and nse,and, the words capable intercprtation Sherif's sale-Equitable asnentSttute
Limitations- Paymnent-Rati agent.
company which framed. aonfede ration Life Asoctation Miller, (14 Reserve ie
Fomtr, EVIDENCEEidence- -Prol-Contmoence t referred oa proof in writingcArt.
Adni.-sions-Art. P. Q.-Practice- Adduction of evidence-Obections to testimony
3-Will
Execution
Etidence Appeal- Findings in courts theplaintiffdo, that testatrix with art. the Code Civil Procedure, answered "yes"; each the witnesses acknowlthe will was not properly executed and decision was atirmed the Supreme Court lands-MininU Trespasgrant-Plan of survey-Uertified
EVIDENCE-Contiuned.
8-Construction of trade and C.-Sale of goods-Deli- Pactice-Pleadingof statute-Damages Will-7stamenfary capacity-Art. 831 C.-Marriage contract--Duress.
Ste
" Wni
EXECUTION -- 5-Negligence iwharj-Dangerous licere'lesting machinery-Annexation for -hold-Trade fa. Evidence-Findings of jury-Non-suit.] The licensees mining area Nova Scotia erected mill boat was swinging out and was feet away lands the Crown, for the purpose le jury that aginst board for different
2-Assignment debt-Sale sheriff-Jay- Rotfication-Jrincipal facts), that, there proof any negliinately the EXECUTORS
ADMINISTRAthat TORS- Devise-Discretion time-Fail. nreofobject
Cy-pres-Costs EXEMPTIONS of taxes-Railways taxe-R.
chard taxes-Aonstitutional controversy-Actuaries
Mi.srepresentation-Lay ment-Mortgage illiterate from taxation-Land Pacifc Railway-Extension of contract-Grant presentiof action-Jurisdiction- EXPROPRIATION-Practice
-' FERRIES - Negligence - Ferryboat wharf-- B. Rule 168-New points raised appeal- Dangerous way - Precautions for preventingt Condition precedent-Construction of statuteaccidents - - Evidence --- Findings of jury-Non- C.)-fineral claim-- Waiver
Irzjunction.I Where trespasser, taking proper steps to that FIXTURES would have the right to expropriate the held order to enable the necessary proceed- FORFEITURE - Title to land
Conveyance gs to taken and compensation made upon conditions-Public park - Trust-Forfeiv. Richardson upon co3sinditio-ubictrs Dceeia-u Cowper Laidler applied. ture-Assignment of interest-ecree n 1a2rour But where there has been acquiescence equi- assignee-Champerious agreement junction ought not granted, where the legal right tie lnff ben re
FORGED NOTE-Estoppel-Discount bank ~sb eprve ice-Dtyt oiyhle
Gerrard v. O'Reilly
)r. & War.
-Duty nots/y holder
Barber
Smith (L. R. Eq. referred to.-By the FRANCHISE - Construction radway-Indefendants' charter Vict.
junction-Interested party-Public corporations it was provided that the powers to -Franchises public interest-Lapse of charappropriate and acquire lands should sub- Agreement as local territory-Invalid contract Public Workfor Canada-Quebec Act-Municipal Code-Limitation FRAUD Mutual
Xaturat Mortuary approval.
time after calls-Rate of assessment-Rating at attained age-Pufuing Warranty--Misrepresentation -Acquiescence-Mistake-Rescission sites the lanl to expropriated.
Held, contract-Estoppel
Principal and agent-Gambat ling storks-Advances agent-Brokerage- HARBOUps fit.-Per
AND WIFE ontract Probut child-Pressure approval had obtained the defendants position.--Judg- IMMOVEABLES
6D
INDICTMENT Crininal law-Crown case -Right of ac olando re byfenchld-Press reserved
Form of charge
Theft Takilq "fraudulently and colour of right Criminal and 611-Form INDICTMENT-Continued.
F P.]
The prisoner was charged before the
County Court Judges' Criminal Court with unlawfully stealing goods, but the charge did not allege that the was committed fraudulently and without colour right. - Held, affirming the decision appealed from, that the which the prisoner accused was sufficiently stated the charge.
P.
2--Criminal penitentiary
Warrant
The venue mentioned section the the crime charged to have been committed and, in cases where description is required, there implied allegation that the was committed at the tioned the venue the margin the record.
It no consequence whether or not the trial court should considered an inferior court.
INJUNCTION-ontinued.
that corporation has allowed its powers to the construction new lines to lapse non-user within the time limited its charter. -Per
Girouard and Davies JJ.
railway company which has allowed its powers to struction to lapse non-user within the time limited its charter and which not railway line within the limits municipality where such powers were granted has interest sufficient to maintain an injunction prohibiting the constrution therein another railway or tramway.
Where company subject to the Dominion Railway Act, with powers to construct railways and tramways, has allowed its powers to the construction non-user 3--Criminal Lair
Criminal Ss. decree-Cloud title nder the statute another-- INFANT--Contract-Promisory note-Se-urity for and trie -Prent and, child-Pressure.
Ro- .
INJUNCTION-Construction of railway-In- Practice-Pleadin. -Expropriation-Treejunction-Interested party-Public -Franchies st-Lapse of that territory-Inralid policy-Dominion Rail Jtadrantage of Canada-Quebec Railway Laidler 2 of powers.] agreement a corporation applied.
But where there has abstain from exercising franchises granted for acquiescence equivalent to fraud upon the courts.-Per Gerrard Sedgewick
INLAND WATERS -Maritime law-collision-Rles of narigation-Narrow tran- INSURANCE ACCIDENT-Evidence- Verdict-New tvial-Life insurance-Condition
-Misrepresentation - Non-disclosure- Accident policies
Warranties
Words and terms-Rule of tion for insurance, the applicant stated, reply questions to insurances his life then force, that carried policies in ral life insurance companies named, but did not mention two policies which had accident insurance companies insuring him against death or injury from accidents.
The questions answered did not specially refer to accident insurance,but the policy provided that the statements in the application should constitute warranties and form part the contract.- Held, affirming the judgment appealed from, the Chief Justice dissenting, that "accident insurance" not insurance the character embraced the term " insurance tained the application and, consequently, that the questions had sufficiently truthfully answered according to the natural and ordinary meaning the words and, if the words used were capable interpretation having another or different meanthen the language ambiguous and the construction to its meaning must against the company which the questions were framed. Confederation Life Association Miller (14
R. followed.
Mutual Reserve
Life Insurance Foster, Times L. R.
See 1.
INSURANCE, FIRE- Fi insurancetract of re- insurance-Trade custom-Conditions
-" Rider " to policy-Limitation of actions- Commenrement-of prescription-Art.
0.]
contract re-insurance consisted a blank form policy insurance ordinary with " rider " attached setting forth the conditions re-insurance. The policy tained clause providing that no action should maintainable thereon unless commenced within months next after the
'' rider " provided that the re-insurance should subject to the same risks, conditions, valuations, privileges, settlement, etc., as the original policy, and that any, should payable ten days after presentation proofs payment the company re-insured.- Held, reversing the judgment appealed from, incongruity between the limitation twelve months in the form the main policy and the condition in the rider agreement as to claims for re insurance and, consequently, that the action for recovery the amount the re insurance prescribed the conventional limitation twelve months from the date
INSURANCE FIRE -Continued the occasioning the
FIRE V. - INSURANCE, LIFE- War risk--Service in South Africa-Extra premium-Special dition-Consideration for premium.] Policies the lives members the fourth tingent for the war South Africa were issued and accepted condition payment each case an extra annual premium "whenever and as long the occupation the assured shall that soldier army Great Britain time war."
Each policy also provided that the assured has hereby contrary, notwithstanding."
The restrictions hostilities ceased and action was brought extra premium the ground that the sured had never been soldiers the army war.-Held, paid was sufficient consideration for the extra South Africa was a waiver the restriction against travelling the torrid Pon-i- Mutual lie insusance-Natural premium systen-Level ium-Mortunary calls-Rate of assessment-Rating at tttained age-Fraud -Puffing statements - Misrepresentation-Acquiescence- -Mistake -Rescission contract-Estoppel.] took out a policy ments contained circulars issued association stating that interest the reserve fund would sutficient to cover increases certain period, self-sustaining.
The rates having been increased, paid the assessments years under protest and then allowed policy to lapse and sued for a return the decision that the contracts were ab initio. Held, Sedgewick and Nesbitt JJ. dissenting, that the statements in the circulars only INSURANCE LIFE-Continuned.
JUDGMENT-ontined.
pressed the expectation the managers the available to pay these costs, and upon the appliassociation to the future and did not pre- cation the appellants the amended the vent the rates being increased the discretion judgment, directing that the costs the appel the directors.
The Reserve Fund lauts should paid the respondents forth. Life Association Foster Times R. with after taxation.
Sarings v. Mon-at Can. R.
-Per chaRe Ordr were the premiums for which had received value appeal-Pratice.
being insured as long the contracts were
La
Etats-Unis (Cour d'Appel, Paris, ofdenane-Retraxit- Amont appel.
trial-Lifr insurcliew-Costs-Confession -Arident
Contract-Conditions ranty-Words and terms-Rule
6-Right of appellont- Q.-Art, Will-Sales INTERPRETATION-Eridence oya/ist trial- iisurance-Accident
Warranty-Words and terns
Judgmets appeals-Art. ofitdges judge-Jurisdiction. INTERVENTION-Interloutory proreedinU
QUUM.
-Final
-Fialjdymnt
12JURY-P ract ire-Jiiiy trial- Fiiidiigs as rounds- JUDGE-Judgments Art chavge-Noii
Q.-Quorin judgEs--Judrient toJacts-New trial.] jiide Jiris- trial jury, the directing the jury the bound to their attention the manner which the should applied them according their findings to tie facts, the extent to which should pending the the is JUDGMENT- Appeal- Jurisdiction-Interwhere the the charge was proceeding-Fiiial There iefecti-e in this respect and, consequently, left no appeal to the Supreme Court Canada from the jury inaconfused state mind astotie a judgment petition for leave intervenc questions issue, there should new trial. Iamel affirmed, dissenting.
J.-In miiiite
Pactce after iiji-ia-Findiniq ofjiiry.I Inan JURY-Continued.
invokes the doctrine volenti non ft injuria must have finding the jury that the person injured voluntarily incnrred the risk unless plainly appears the plaintiff's evidence as to justify the trial judge withdrawing from the jury and dismissing the action. Sedgewick and Nesbitt JJ. dissenting.
3---Railways - Negligence - Free pass--Consideration for transportation
Findings of jury-New trial-Excessive damages
-Art. 0. P.
- 4-Construction of contract-Implied covenant
Verdict-Damages trial
5-Evidence- Verdict - New trial-Contract
Alisrepresentation
Non-di- LANDLORD AND TENANT-Negligence
Overholding tenant- LANDLORD AND TENANT--Con. to turn it off whereby goods the story below were damaged water.
Held, Davies and Nesbitt JJ. (dissenting)
, that the act the workmen was done course their employment; that it was negligent; and that the owner the goods could recover damages though was possession merely as over- LEASE-Mining lease-Prospector's license- Testing machinery-Annexation the freehold rade f]xtures-Fi-fa de bonis- Sale under LEGAL MAXIMS
-"Sic stere tuo at alienum non luedas." Volenti non ft injuria."
LICENSE
LIEN-Mechanics' lien--Machieryfurnished- R S.N.S. ss. and 8-Contract price.] Under the Mechanics' Lien Act Nova Scotia R. lien 6-Negligence - Proximate cause--New trial LEGISLATION-onstittional law-Sunday observance-Legislative jurisdiction.] Logislation to prohibit Sunday the performance 7 crminl
Crminl Coe,
892work and labour, transaction business, engagig gain or keeping open places ss.o241,t242-rotinn renee
607d the jurisdiction the for Hamilton servant-Findings jury-Newu
625581
9--Negligence-Ferryboat wharf-Dangerous for
Eridence-Findings of jury-Non-suit
2-Construction ofstate-Appeal Jarisdiction-'' "-Laud Act- Registrylans--oi~firmation taxsale-- LACHES-ATandate-Principal and suretydeignata-Cour oforiginaljurisdiction -Iter- Release of surety - Mortgage -- lictoj laceed-Lgiarustition--Retronc Construction of conti act-Principal and aqent eject of statute-Redemption of land sold for taxes- oftitle-Interest in lands--Equil. TITLES
LIEN-Cont ineed.
mill has then been fully paid there nothing upon which the lien can operate, as pail
SSIsno
LIMITATIONS OF ACTIONS-Fre insurance-Contract of re-insurance-Trade
Rider" policy-Limitation of Art.
Ntw
LIMITATIONS OF ACTIONS - Con. Municipal Interruption statute-52 (Q.)-62 of taxes-Art. -Sherifs sale-quitable Statute of Limitations-Payment--Ratification--Principal and aent.] Statute interrupt laxtead Durant
LITERARY PROPERTY
LITIGIOUS RIGHTS-Forecosure of mort- LORD'S DAY
Sunday LORD'S DAY-Continued.
General for Ontario Hamilton Railway followed.
MACHINERY
MAINTENANCE
MANITOBA
Constitutional law-Exemptions from taxation
-Land subsidies the Canadian Pacific Railway-Extension of boundaries of Manitoba- Construction of statutes in respect the constitution of Canada, Manitoba and North- Territories-Construction of contract-Grant in presenti
MARITIME LAW-collision--Inland waters
-Narrow channel-Boston harbour.] Rule fairway or mid-channel which lies on the star- - MARRIAGE CONTRACT-Will- Testamentary capacity-Evidence-Art.
appeal was against the judgient the Court preme Court Canada dismissed the appeal with costs, for the reasons given the court below.
R.
MARRIED WOMAN - Promissory
Security for debt-Husband and wife-Parent stock speculations, advancing money to at high rate interest in the course the other's debt it was agreed between them
MARRIED WOMAN-Continued. that he that the MASTER AND SERVANT-Negligence- Dangerous of master-Emplaintiff:-Held at law.-Held, Landlord and
Trespasser-Neygoods the story below were damaged MASTER AND SERVANT--Con.
water.
Held, Da'ies and Nesbitt dissentgent; that
3--Neglience Finditg jury- Voleti fit
Liability et.
tars ofjtry-Nene trial
MAXIMS.
MECHANICS' LIEN.
MINES AND MINING-Continted. of posts-Forstattle 16-61 J3, r.
st Tradt lthttres Fi. fa. tnder MINES AND MINING laids presentation-Lay agreemnt-t-Mortgae-Exeof persons-Aridltce.] resing tn ioli.-Held, turiig teiure unter that that ofstatute-59 )1.0.)
Expropriatioitthat, Waiter-Itjnction.
latd-Sale rights-Litithat rtghls-Chainperty.
upon.-Held, that, tin grant-Plat sar'ey-Cerlified MINORITY- Contract - Promissory note -! MUNICIPAL CORPORATIONS-Con. Security for debt-- Husband and wife-Parent I constructing tramway upon such highways and child-Pressure.
with the permission the municipality under the provisions article the Quebec CHILD.unicipaCode. The municipality has power, ANDCHILD
I tnder the provisions the Municipal to MISTAKE - Misrepresentation-Lay agree- authorize the construction tramway ment-Alortgage
Execution qf documents exsting corporation notwithstanding that such illteatepcons~rdene.
Y'oporation allowed its powers to the illiterate personi-Kridence.
construction lines lapse non-user within the time limited its charter.-Per Girouard and JJ. railway company Mutual life insurance-Natural which has allowed its powers to construction systm-Lerel prenum-Mortuary of -- Rating at attained age-Fraud its charter and railway statements- Warranty-Misrepresen- a'iuiicpaliiy tation-Acquiescence- qf contract-'such sui- Estoppel.
330'cient maintain an injunction prohibiting the tramway.
Where company subject the MORTGAGE -Mistake -Misrepresentation - Dominion Railway Act, with powers to Lay agreement-Execution of documents illi- stuct railways and tramways, allowed its terate not competent for it enter into agreement municipality for the construction a 2--Foreclosure-Redemption-Assirnient pend- tramway within the municipal limits under the inq suit-Procedure in court below-Costs. provisions article the pal
Ry. 3-Mandate-Principal and surey-Negligence-Laches- Release surety-Mortgage pledge-Construction of contract- Principal and 2-A&ses.wnent and taxes-Exemptions -Rail. agent.
wnys c. 73-iposition tax-Date Municipal Act-R.S.NMS. c. MOVEABLES.
ment exempted "the road, exempted nder MUNICIPAL CODE, QUEBEC.
exempt MUNICIPAL CORPORATIONS.
struction of r-ailray-~Ijunction- Interested party-Public corporations -Franchises in ter cane into lic interest-Lapse ofchateredpowers-' Rail, way" or "tramway" -Agreement as local was struck out the abov'e Invalid
Public policy- Dominion Railway Act
1o-k for general advantage of Canada - IRailway
-Held, Tasn Mutnicipal -Limitation of powers.] cherean J.. that the above recited that rilway courts.-Per edim JJ. ha'ing ald
MUNICIPAL CORPORATIONS-Con.
I NEGLIGENCE-)ange-ous nay-Operaion and of railway-Defective -Limitations -Interruption of *ers-Liability ofcarrierfor In condition-Construction of absence statute-52 (Q)-62 carrier not liable fcr injuries sustained a of taxes-Art.
Harris Perry distingmshed.]-Although rail. filed Rep. Girouard JJ. atfined.
2-Employer employe-Disubedieuc, orders-Dange-ous ok.q land \here gven park- Forfeiture f ecee arurOfasilne of i)nterest--Decree in farour of
Champertos injuries, cannot employer reaponsile Assennt from taxation-Land
Pacifc railway-Extension ofthe
Fournir dit contract-Grant presentiofaction- ~npr~sent
NARROW CHANNEL
Marime
Inland Narro that enstances,
NAVIGATION-M1aritime law-Inland ters-Narropr railway that iitending vessel."-Held, trackbe NEGLIGENCE-Continued.
NEGLIGENCE- Contiud.
that 7-Daiceges-Oerholdiagtcnunt--Trespasser away him.
In an action the
Alrespasser ductor's widow was non-suited at the trial bare licensee injured through negligence and new trial was granted the Court maintain action-The workmen Appeal.-Held, reversing the judgment, the tractor for tearing down portions building Court Appeal, Davies and Killan JJ. dis- order to make alterations turned water that -tap allowed to pass semaphore beyond the station neglected turn whereby the justified, that water-Held, would before the train cane to stop reversing the judgment appealed from at the station, and the deceased had not, Rep. Davies and Nesbitt JJ. dissenting, contrary rule, left the train while motion, that the act the workmen done course could not have into contact with said their employment that it was negligent engine, the plaintiff not entitled to recover. and that the owner the could recover -Held, per Davies and Killam JJ. dissenting, damages though was merely that the act the deceased getting the overholding tenant had not train when did not the proximate cause ejected.
have the opinion the jury to whether or
Eieyloye ilin ct-eet utoy icorks, & ior car employ eRKETT.
a
26defendant company directed by superior .5-Mater sercaut-Daugerouse workscut sheet iron and the rails the master-Eiployer's Liability Act.] pany's railway track for the purpose. an employee in a entered the elevator superior assist and the two sat the the second to down to the ground track facing other.
0. had hack to and while the elevator it the two cars stasding the track to which, after bottom shaft and T. injured.
they workiug for time, engine the trial action for damages it was proved attached backed the cars towards that old; 0. not hearing or seeing time off-Held, to the dropping out the key the pinion that 0 tuse reasonable precautins gear which had replaced; and the jury safety what knew to dangefound that the vibration and general dilapida- rous situation could not recover damages tion the running gear caused the key again forsuch injury.-Held, that the employees fall out occasioning the accident.
appeal engaged moving the cars tinder oblithe judgment the Court Appeal gation that there person the -Held per Seigewick, hitt Killam that the wantof no exrciingduecar inordr~t specially provided cutting the sheet irons gent for not exercising care in order to
(a) and was, therefore, liable at common law. The Employers' Liability Act.-Held per -Held, per Nesbitt J. thatas the company had Cironard and Davies JJ., that it was employed competent, person to attend to the it not the the injury 0. working the clevator it not liable at I for his negligence although it liable under the Employer's Liability Act. 9--Davqerous icay, &c.-aleter and 424 sertant--4indings of jury-'ew trial.] In constructir the bins elevator, staging ti-Enployer and workman-Voleeti ft the work progressed injuria-Finding of/jury.] In action claim- held standing the top until compensation for injuries caused secured underneath. negligence the defendant invokes the "hen secured workmen stood the staging doctrina coleti non ft injuria and nailed planks the sides the the jury that the person injured planks ru aloug tramway at the voluntarily incurred the risk unless it plainly the rollers and thrown to side appears the plaintiff's evidence to justify tie farthet the tramway. While trial judge it from the jury two nen the top the holding and dismissing the action.
Sedgewick and the staging until itcould secured, plaik NeshittJ.J. dissenting.
top the adjoining pile falling hit top the bin and they NEGLIGENCE-Continued.
'NEGLIGENCE-Continued.
precipitated to the bottom and one them -New
Excessive damages killed.
In action his widow against the C. P. Q.
contractor for building the elevator twenty-five their answers verdict was entered for the 13---Forged note-Estoppel-Discount bank plaintiff.
Idington J. (dissenting)
, that -Notice-Duty notily holder the falling the plank caused the accident there finding that the same 14-- Appeal - Amount in due to the negligence the defendant nor any trorersy-Conditions and reserrations-Supreme that the death deceased due to negli- Court Act, 29-Refual accept conditional gence for which, under the evidence, defendant renanciation-Costs of appeal court belowenquete-Nuisance- tatutory the issue and may have confused the jury, there
Ferry wharfway- Precautions for pre renting accidents
-Fidings of jury -Yon-suit.]
passenger, pontoon wharf, as ferry boat was swinging out and a feet away the wharf th gangways %sithdrawsn, attempted to aboard over the stern ildrowned.
ig proper means to dents at their wharf, the jury found that the drowning caused the fault the the gangway openings leading the pontoon to the
15--Jury trial -- Practice - Findings to negligence--Qnestions as to special grounds- Judge's charge -Non-direction Misdirection- Application of laetofacts-New trial NEw 2.
NEW TRIAL- Eridence - Verdict- Conditions-Policy life insurance-irepresentation.]
imates against the verdict to lead the conclusion that the jury either wilfully dlisregarded the evidence or to understand appreciate it, trial ought not to be granted.
hal 2--Practice
Jury boat preparatory to
Questions as special grondspontoon," but that "was not then aware, Judge's chargle-Yon-direction -Misdirectionthat the boat had left the wharf."-Held, Application of law tojacts.] Upon a trial appreciation the bound to their attention to the man. there proof which law shotld applied which proxi- according which should confused ferry had withdrawn and the boat appealed C. got under way, the company could not held Davies J. dissenting.-Hfld, per Nesbitt J., that special Bouchard (2S R. followed. submitted to the jury to enable them to state -Principal and surety-Laches str of
Principal and and servant- Findofjury-New trial.] -Railways-Free pass-Consideration Jor ortation-Misdirection jury
S. C. R. VOL. XXXV ]
ITEW TRIAL -Continued.
NOTARY-Continned.
stood the staging and nailed planks has not any actual or ostensible the the bin. The planks were run authority invested his tramway at the side the bins rollers and clients under instruments executed thrown to the side the bin farthest from and remaining his custody member the tramway.
While two men on the top the notarial profession that province. the bin were holding up the staging until it ing pile fell In falling it hit the top the bin and they were precipitated to the bottom and one them killed.
In an action NOTICE-Discount forged note-Notice by his widow against the contractor for build- bank-Duty notify holder-Estoppel. ing the elevator, twenty-five questions were submitted to the jury and on their answers a verdict was entered for the plaintiff.-Held, Iding- NUISANCE-Rejusal accept conditional ton J. dissenting, that while the falling the renunciation appeal court plank caused the accident there was finding
Statutory powers that the same was due to the negligence the Negligence-Legal maxim.]
defendant nor any that the death deceased for damages occasioned nuisance was due to negligence for which, under the to neighbouring pioperty, the plaintiffrecovered evidence, defendant was responsible.
There-! assessed the trial court fore, and because many the questions sub- without distinguishing between special damages mitted were irrelevant to tle issue and may suffered up to the date action and damages have confused the jury, there should a new claimed for permanent depreciation property.
Before any appeal instituted, -Railways
-Negligence-Free pass-Con- the plaintiff to accept a sideration for transportation-Misdirection- reduction persisting merely Findings of jury-Excessive damages-Art. for special damages to date action, with 0. P. Q.
- - - - - 1 and reserving the right to claim all Seesequet damages, including damages for perma- Se~~~~ PRCREI ent depreciation, but without admitting that Construction of contract-Implied the damages suffered up to the time the nant- Verdict-Damages action did not exceed the amount actually recovered.
This refused the defendants it not the costs and 6-Negligence-Railwoay company - Proxi- contained reservations, and appeal taken mate cause - Imprudnce of person injured them, which the Court King's ----------------allowing the appeal, reduced the amount the judgment reserved to plaintiff the right action for subsequent special damages NON-SUIT-Negligence-Ferryboat wharfand damages for permanent depreciation Dangerous way-Precautions for preventin[ gave full costs against the appellants, the accidents-Evidence-Findings jury-Non- ground that they should have accepted the suit.
693renunciation filed.-Held, Davies J. dissenting, suit
693that the Court King's Bench erred holding .
that tie defendants had right to reject the NORTH-WESTconditional renunciation and in giving costs NORT-WET
TERITRIES
Assss.against the appellants; tha.. the should ment and taxation-Constitutional law-Exemp- dismissed to the with costs, tions from taxation-Land subsidies of tle the reservation further action for deprecia- Canadian / acific Railway-Extension of digsallowed, but that the judgment daries of Manitoba-Construction of statutes in that respect to the constitution of Canada, Manitoba with the reservation to temporary damages and the North- Territories-Const-uction of, accruing the action, should affirwed. contract-Grant in presenti-Cause of actionthe costs at the enquite were considerably the large amount damdges claimed, it deemed advisable, under the circumstances, to order that NOTARY-Principal and agent-Satisfaction should pay their costs thus incurred. and discharge-Payment in advance-Custody -Held, that, although the nuisance of deeds-Notarial projession in Quebec-Art. plained the defendants acting R.S.Q.-Attorney in fact-Implied man- under rights secured to them special statute, dale.I notary public, the Province there negligence found against them NUISANCE-Continued.
upon evidence sufficient to support that finding, the maxim sic utere tuo ut alienum non lwdas applied and the powere granted their special charter did not excuse them from liability.
The Canadian Pacific Railway Roy
OPPOSITION-Opposition afin de charge- Order for security-Interlocutory judgment- Res judicata-Fubsequent final order-Revision of appeal-Practice.
PARENT AND CHILD-Contract--Security for -Promissory note-Husband and wife.]
without means, and a rich lender, were engaged together stock speculations, advancing money to at high rate of interest in the course such business.
being eventually heavily in the other's debt agreed between them that could procure the signatures his and daughter, each had property her security, would give him a further advance
Though unwilling at first the wife and daughter finally agreed to notes in favour for sums aggregating over $7,000, which were delivered to W.
Neither the makers had independent advice.-Held, reversing the judgment appealed from, Tascherean
J. that though the twenty-three years old was still subject to the dominion and influence her father and the contract made her without independent advice was not binding.
Cox r.
PARTNERSHIP-Syndicate to promote joint stock company-Trust agreement-Construction of contract - Administration majority partners-Lapse time limit - Specific performance.] syndicate consisting members agreed to form joint stock company for the development, etc., properties owned two their number, the defendants, under patent rights belonging to two other members;
the three remaining members, whom plaintiff was furnishing capital, and all members agreeing assist the promotion the proposed company.
In the meantime the lands were acquired the defendants and patent rights were assigned to them, in trust for the syndicate, and the lands and patent rights were to transferred to the syndicate or to the company without any consideration the allotment shares proportionately to the interest the parties.
The stock in the proposed company was to allotted, having view the proprietary rights and moneys contri- PAR TNERSHIP- -Continued.
buted the syndicate members, proportion follows, to the defendants held the property, per cent to the owners the patent rights, the other three members to receive each per cent the total stock. time 4imit was fixed within which the pany was to formed and, default its incorporation within that time, the lands were to remain the property the defendants, the transfers the patent rights were to void and all parties were to the position the agreement had never made.
The tenth clause the agreement provided that, case difference opinion, three-fourths in value should control. te difference opinion, the proposed pany was not formed but, within the time limited, the plaintiff, and the other two bers, holding together per cent interest the syndicate, caused company to incorporated for the development and exploitation the enterprise and demanded that the property and rights should transferred to under the agreement.
This being refused the plaintiff brought action against the trustees performance the agreement to convey the lands and transfer the patent rights to the company, incorporated, or for damages.- Held, that the tenth clause the agreement controlled the administration the affairs the syndicate and that, three-fourths value the members had not joined in the formation a company, proposed, within the time limited, the lands remained the property the defendants, the patent rights had reverted to their original owners and the plaintiff could not enforce perform- PAYMENT -- Principal and agent - Satisfaction and discharge-Payment in adrance- Custody of deeds-Notarial profession in -Art. R. 0. - Attorney in fact--Implied mandate-Evidence-Parol
Commencement of proof in writing- Art. Admissions - Art. P. - Adduction of eridence-Objections to testimony- Rule
2-Debtor and creditor-Assignment debt- Sheriffs sale-Equitable assignment-Statute Limitations-Ratification-Principal and agent PENITENTIARY- Commitment---Imprisonment in penitent iary-Form of warrant- -Commencement of sentence.] The certified copy sentence sufficient warrant for the imprisonment a convict the penitentiary PENITENTIARY-Coniinued.
it not necessary that it should contain every essential averment a formal viction.-Where the venue mentioned the margin a commitment, the case which not require local description, it is not necessary that the warrant should describe the place where the was committed.-A warrant commitment need not state the time from which the term imprisonment shall begin to run, as, under the seventh subsection section the
Criminal terms imprisonment meuce and from the day the passing the sentence.
parte
Commitment - Sentence - Form of warrant.] Under section " The Penitentiary
Act," R. chap. a copy the senthe trial court certified judge the clerk or acting clerk that court a sufficient warrant for the commitment and detention the convict.
PENSION- Appeal--Jurisdiction-Life pension--A mount in controversy--Acthuaries tables.]
The action for the first monthly instalannum claimed the plaintiff, for declaration that he was entitled to such annual pension from the society, payable equal monthly instalments each, during the remainder his and for a condemnation against the society for such payment during his lifetime.
motion to quash the appeal, the appellant affidavits shewing that, according to the mortality tables, used assurance actuaries, upon the plaintiff's average expectation life, the cost an annuity equal to the pension claimed would over
$7,000.-Held, following Rodier v. Lapierre.
R. Macdonald V. Galican
R. ; La Banque du Peuple
Trottier Can. R. 422); O'Dell
Gregory Can. R. 661); and. Talbot v.
Guilmartin Can. R. that the only amount in controversy was the amount the first monthly instalment demanded and, consequently, that the Supreme
Court Canada had no jurisdiction to hear the appeal.
PLAN-Crown lands-Mining lease-Trespass
-Con version- Title lands- Kvidence-Description in grant-Plan of survey--Gertied copy.] The provisions section " The
Evidence Act," R.
not permit the reception a certified copy copy plan survey deposited the
Crown Lands to make proof the origi- PLAN-Continued.
nal annexed to the grant lands from the Crown.
- Practice-Pleading-Condition precedent -- Construction of statute-59 V. c. (B.C.) - Mineral claim -Expropriation Watercourses- Waterworks-Damayes-- Waiver -Injunction-Trespass- Practice -- Pleading - B. C. Rule 168-New points raised appeal-Condition precedent--Construction of statute-59 c. (B.C.)-Tre'pass--Damages- Waiver-Injunction.] The Sup. Ct. Rule provides that "any condition preto contested, shall distinctly specified in his pleadings the plaintiff or defendant the case may and, subject thereto, averment the performance or occurrence all conditions precedent, necessary for the the plaintiff or defendant, shall plied his pleadings."
trespass and mandatory injunction, defendants pleaded the right entry under private Act, and the consent or acquiescence the plaintiffs.
The plaintiffs replied setting up the failure defendants comply with certain conditions precedent to the exercise the privileges claimed but did not set up another condition precedent upon which the judgment appealed from proceeded though was not referred to at the trial.-Held, Killams J. contra, that the rule refers rather to founded contract than to those where statutory authority relied upon and that the plaintiffs need not have replied as they did, but having done without setting the dition specially relied upon in appeal, thereby possibly misleading the defendants, they were properly punished the court below deprived their costs in appeal. PLEDGE-Mandate--Principal and surety- Negligence-Laches-Release of surety-Mortgage- Pledge-Construction of contract-Principal and agent
POSSESSION - Title land - Trespass- Pos ession - Right of action - Enclosure by fencing
PRACTICE- Railways -Negligence - Free pa.ss-Consideration for transportation Misdirection-Findings of jury-New trial-Exces- PRACTICE-Cotinued.
sire damages-Art. 509 C. P. Q.] Where there plained of is plainly was misdirection as to the assessment damages merely and it appeared to the court that the damages assesseI the jury were grossly 6
B. C. Ride w excessive, the Supreme Court Canada made points raised appeal-Oondition precedent special order, applying the principal article
Construction statute the Civil Procedure, directing 9. (B.C.+Alineral claim-Expropriet ionthat the appeal should allowed and a
Watercourses-Trespass Damages- Wairertrial had to damages, unless the plaintiff Injunction.] The C. Sup. Ct. Rule proconsented that the damages should be reduced vides that "any condition precedent, the perto amount mentioned.
forinance which intended contested, shall distinctly pleadings the plaintiff defendant the 2 - Court of equity - Title to land -and subject thereto, averment the per- Declaratory decree-Cloud title-Injunction- forance or occurrence all conditions pre- New grounds appeal.] Court Equity cedent, necessary for the the plaintiff will not grant decree confirming the title to defendant, shall implied pleadland claimed possession under the statute ings." -In action for trespass and limitations restrain injunction person datory injunction, the defendants pleaded the fron selling land another. -The Chief Justice right entry under private and the took no part the judgment the merits and consent or acquiescence the plaintiffs. Sedgewick J. dissented from the judgment plaintiffs replied setting up the failure the majority the court.-Per Taschereau defendants comply wih certain conditions J.
Where leave to appeal per saltum has been precedent the exercise the privileges granted the ground that the court last claimed but did not set another condition resort the province had already decided the precedent which the judgment appealed questions in issue the appellant should not Jrom proceeded though it was not referred to allowed to advance new grounds to support his at the trial.-Held, Killam J. contra, that the rule refers rather to founded contract thsn those where statutory authority -- Foreclosure of mortgage - Redemp- relied upon and that the plaintiffs need not tion - Assignment pending suit Practice -have replied they ut having done Procedure in court below-Costs.] This action without setting up the condition specially was several suits affecting the title to relied upon appeal, thereby possibly lands under circumstances stated Mr. Jus- leadin tice Ont R , at pages the dfnat ey wereprpe The Supreme Court refused to interfere with the costs appeal.-Per Killain J. the decision the provincial court matters improper for the court appealed to allow procedure, but, under the special circums- t a tances the the court dismissed the time the appeal.-Where trespasser, appeal without costs.
r.
taking proper steps to that would have Appeal - Security for
Waiver the right to expropriate the lands dispute, Consent.]
The case appeal to the injunction should withheld order to Supreme Court Canada cannot unless enable the necessary proceeding taken security for the costs the appeal is furnished and compensation made.
Richardas required the Act. The giving and v. Laidler of such security cannot waived the reapplied.
But where there sponlent nor the amount the Act has acquiescence equivalent to fraud reduced his consent. upon the defendant the injunction ought granted, even where the legal right the plaintiff has proved.
Gerrard Appeal
Special leare
& V. O'Reilly Dr. & War Wilmot Barber c. ser. (D.)]
Special leave to appeal Johnson Wyatt De'. J. & from judgment the Court Appeal for and Smith Smith Ontario, & Vict. 1 may referred to.By the defendants' charter granted in involving matters public Vict. 9,25 (B.C.)), provided that terest, important questions law, construction the powers enter, survey, ascertain, set imperial or Dominion statutes, conflict and take, hold, appropriate and acquire lands tween Dominion and provincial authority, or should subject to the making questions law applicable to the whole sation and that ihe powers, other than the Dominion.
Though a is great public powers "to enter, survey, set out and ascerinterest and raises important questions law am," should not exercised or proceeded leave will not granted the judgment with until approval the plans and sites the Lieutenant Governor in Council.
the jury and dismissing the action. defendants entered lands the plaintiffs, ewick and Nesbitt JJ. dissenting. without making compensation or obtaining e such approval.
Some time after entry the defendants obtained the necessary order judgment after entry.] The minutes council approving the plans and sites the ment settled the registrar directed that lands to expropriated.-Held, that making the appellants' costs should paid out compensation was not a condition precedent certain moneys court, and this form the making the survey and taking possession judgment was duly entered and certified to the the land, and as the said order council clerk the urt
Subsequently it was not dealt with at the trial the rights the made appear that there moneys parties could not properly determined on court vailable pay these costs, and upon the the material presented; the injunction, should appliation the appellants the court amended therefore, refused and the parties left to the judgment, directing that the costs the take proceedings they should respectively appellants should paid the respondents fit.-Per forthwith after taxation. That approval the plans had not been obtained till time after the de fendants
Opposition ain charge - Order Aor had taken and appropriated the security-Interlocutory judgment
Resjndirta there was trespass for which the -Subequent fteal order-eision of merits plaintiffs were entitled to recover, but after appeal ePractice.c the approval had obtained the defend.
o ants remained rightfully rossession and could not compelled mandatory injunc- I"
tion replace the land its former position. 11a
Principal and agent
Satisfaction and Jngmen appealed Rep.
disjurgmen-ayment in adance-cistody deedsotarial rofession Art. Co.~BONEU
-.
N.WIEC p
R. S.aQ.p-pattorney in fact-Implied mandate Jury trial
Findings as negligence Eidence- Parol proo in Questions special gro sritiyArt.1233C.. -Adminsios charge-ot-directio-Missirectio-Apli- .1'. 0.
Practice Adduction eidence cation of law fact s-New trial.] Upon bjectiopsptoetestimony-Rul oj p-blicorder. 14 trial jury, the judge directing the jury to the bound to call their attention to lanner which the law should 12- Will
Devise- Discretion aJ executors applied thei according to their findings Withholding income-Reasonable time Failure the the extent which should of devise- Cy.pres-Costs.
depending the ircumn stances the trying, and, where the form the charge wuas deetoite law is onIocl teratn defective this respect and, conse- Appeal-Jurisdiction-Amountin troquently, left the jury a confused state versy-Conditional renunciation -- Reservations mind the questions issue, there should appealin below--Costs enquite a new trial.-Judgment appealed from -Nuisance Statutory powers-Negligence -- Rep. affirmed, Davies J. dissenting. Legal maxim.
per Nesbitt J.
That action founded negligence it advisable that questions should submited to the
Verdict-New trial. Neligence
Employer and workman- Agreement r the sale land Falda Volenti non ft injuria-Finding of jury.] In 1Pthe rolenti ft injuria must have a finding the jury that the perinjured voluntarily incurred the risk unless 1 ailway company--Proximate it plainly appears the plaintift's evidence cause-Imprndence 0/person injured. the trial judge withdrawing it
PRINCIPAL AND AGENT-Con. 17-Judgment pronounced in absence of disqua- ration and obtained, from the general manager, lifiedjudge-Quorum-Jurisdiction. statement the price, and other particulars with that object in view. brought person the manager who was able and willing to Special leave appeal-Terms imposed. irchase at the price mentioned and after discussion, made deposit account the price and proposed slight variation to the terms.
They failed to and the PRESCRIPTION~ Fire insurance-contract ager another person the following of re-insurance--Trade custom-Conditions of day.
The broker claimed his commission contract-" Rider" policy - Limitations oj agent for the sale the property having found actions - Commencement of prescription-Art. qualified purchaser at the price quoted.- Rep.
Taseherean J. Gironard J. dubitnute, that the broker could not recover commission he had failed to secure purchaser the terms PRESSURE- Contract-Security for debt- Under the circumstances, the owner did not Promissory note-Husband and wife-Parent accept the purchaser produced and the with him, there could inference the request necessary law the basis obligation pay the plaintiff commission.- PRINCIPAL AND AGENT - Satisfaction Per Taseherean J. J. That and discharge-Payment in adrance-Custody the general manager a commercial corporaof deeds -Notarial profession in Quebec-Art. tion could not make binding agreement R. Q.-Attorney in fact -Implied man- the its real estate without special authodate Eridence
Parol - Commencement of, rization that purpose.
proof writing-Art.
P. Q.-Practice-Adduction of evidence- Objections testimony-Rule public 3-Broker-Gambling in stocks-Ad-anres by order.] A, notary public, in the Province agent-Criminal S.
P. speculated Quebec, has not any actual or ostensible au margin stocks, grain, through & thority to receive moneys invested for his brokers Toronto, in March, clients under instruments executed before directed to buy bushels and remaining his custody a member wheat at stated prices.
The order was placed the notarial profession thatprovince. Admis- with and the price sions made to the effect that a notary had & forwarded to the latter cover invested moneys and collected interest loans the margins.
P. having written the brokers to for the plaintiff do not constitute evidence know stood the transaction received agency the part the notary, nor could an answer stating that "no doubt the wheat they amount to commencement proof bought and has carried, whether writing required art. the Civil it not, our has to proread connection with art. the tect the deal for you" which gave them Civil Procedure, to permit the adduc- his note for which they represented to tion parol testimony to the anthorizatio the amount advanced.
Shortly after the the notary to receive payment the capital failed and P. became satisfied that invested or to the re-payment thereof they had only conducted bucket shop and the alleged to have made to him the man- transaction had real substance.
accorddatary the creditor.-The prohibition ingly repudiated his liability the note parol testimony, in certain cases, the Civil C. & sued for the amount the Code not rule public order which must
Held, Davies and JJ. (dissenting)
, that judicially noticed, and, where such evidence the evidence shexed that the transaction has been improperly admitted at the trial not which the wheat actually purwithout objection, the adverse party cannot chased that & acting therein take objection to the irregularity appeal. agents of the Buffalo firm; that 14 not completed until the acceptance the firm in notified Toronto; 2-Broker
Sale of land - Commission for'and being consummated Toronto it procuring purchaser-Company lae -Commerwithin the terms 201 Crim. cial corporation - Contract - Powers of general plaintiff could not recover.-Held Davies manager.] land broker volunteered to make and Killam JJ. dissenting, that assuming & sale real estate owned trading to have agents in the transaction PRINCIPAL AND AGRNT-Con.
PRINCIPAL AND AGENT-Con. they were not authorize-d to advance any money for their principal beyond the sums deposited with them for the purpose.-Held per Davies a ebtor -eitb- Asigment t and Killam JJ. that the transaction was
*mi'alen-Ea te at ification pleted in and the absence evidence of that it illegal law there the defence illegality only raised plea under PRINCIPAL AND SURETY ilfandate rule the Judicature Act Ontario.
Laches of Surety 380 Mortgage
Pledge
Construction of contract 4- Principal and surety -Negli
Principal and agent-Arts, - Laches-Release of surety-Mortgage- Upon the execution a Pledge - Construction of contract -- Arts. deed obligation and hypothec, the plaintiffs the execution sureties for the debtor and, further deed obligation and hypothec, the plain- security, tre debter assigned ard delivered to became sureties for the debtor and, for the mortgagee, pledge, policy further security, the debtor assigned and deli- assurnce upon for the amount the vered to the mortgagee, way pledge, a the the clauses the deed pro. policy assurance upon his for the amount 'for further securing the repayment the loan.
the clauses the deed pro- the said loan, interest and accessories and vided "for further securing the repayment premiums insurance tre policy the said loan, interest and accessories and that tie debtor and sureties "by pledge premiums insurance the said policy"
( titre d'antichrdse, transferred that the debtor and sureties " way pledge unto the said lender" certaii constituted rents ei titre d'antichrdse, transferred and made over aid seigiorial
The deed further unto the said lender " certain constituted rents vided that tre actual agent the seigniory and seignorial dues. The further provided should remain agent until the should that the actual agent the seigniory should repaid interest and insurance premiums remain agent until the loan should repaid disbursed the creditor, ard that the creditor with interest and insurance premiums disbursed should have the right to dismiss said agent the creditor, and that the creditor should should fail make out the revenues tre have the right to dismiss said agent should be seigniory and remit to the creditor the amount fail to make out the revenues the seigniory necessary for the payment interest and and remit to the creditor the amount necessary insurance premiums.
It further provided that for the payment such interest and insurance the lender should not responsible tre premiums.
It further provided that the lender debtor aid sureties for th6 agent's acts, the should not responsible to the debtor and debtor ard sureties assuming responsibility sureties for the agent's acts, the debtor and therefor.
The judgment appealed found, sureties assuming responsiblity therefor. The facts, that the sureties had rade provision judgment from found, facts, that the hands the creditor for purpose the sureties had a provision the hands payment the out the revenues the creditor for the purpose payment assigned, that, for purposes, the creditor the premiums out the revenues assigned, had the mandatary the sureties and that, for such purposes, the creditor hal responsible for the dre fulfilimet cone the mandatary t-e sureties and respon- date, and that there wee suffiien-t funds for the due fulfilment niandate, derived such revenues to pay renewal and that there were sufficientfunds derived which dre shortly the revenues to pay renewal premium which the debtor, and which payment had due shortly the death the debtor, omitted to made through neglect and which payment had omitted fault the creditor obtaining the funds made through neglect or fault the tderefor from the agent.
In consequence creditor obtaining tre funds therefor this failure to the premium the benefit the agent.
In consequence this failure the policy was eld, affirming the pay the benefit the policy was' rient appealed (Q. K. lost. -Held, affirming the judgenent appealed pington
J. dissenting, that the conte - 3,
Idington J. disset- 'plated the payment the premiums the that the contemiplated the creditor funds assigned that the the premiums the creditor out the funds creditor had failed to proper diligence in assigned,; that tae creditor had failed to respect tre paynret the preium lid proper diligence respect the payment that the sureties therefore, entitled the premium and that the srreties there- discharged pro tanto and the property pledged fore, entitled to be discharged pro tento and the released accordingly.
property pledged released
[S. C. R. VOL. XXXX. PROMISSORY NOTE-Forged note-Eytop- RAILWAYS
Con/inued.
pel-Discount bank-Yotice-Duty 'ytered powers-" Railway Agreement as local territory-Invalid contract Publicpolicy-Dominion Railway Act-Work for general advantage of Canada-Quebec Railct-Quebec Miunicipal Gode-Lim i/a/ion PROCEDURE-Forclosure of nortgage-Re. of powers.] agreement corporation to demption-Assignment suit-Procedure abstain from exercising franchises granted in court below-Costs.
the promotion the convenience the public invalid being contrary to public policy and cannot be enforced by the courts.-Per Sedge- PUBLIC ORDER- -CustodyoJdeeds--otarial wickandKillamJJ.
A company having power profession in Quebec-Art. R. S. Q.-Attor- to construct railway within the limits the ney fact-Implied mandate-Eridence-Parol municipality has not an interest the -Commencement of proof in writing-Art. mnicipal highways would entitle it to an C. C.-Adnissions-Art. P. -- Prac- injunction prohibiting another railway company tiee-Adduction of evidence-Objections constructing tramway such highliony-Rule public order.
ways the permission the municipality under the provisions article the bec Municipal Code.
The municipality has Ipower, under the provisions the Municipal PUBLIC POLICY- Construction of railway to authorize the construction train -Injunction-Interested party--Public corpo- way by existing corporation notwithstandrations - Franchises in public interest-Lapse that such corporation has allowed its of chartered powers-" Railway " or " Tram- powers the construction to "-Ayreement local territory-Invalid lapse user within the time limited its charter.--Per and Davies JJ. Arailfor of Canadawhich allowed its powers Code-Limit- to construction to lapse non-user within the 48 time limited its charter and which not own railway line within the limits muniappeal-" interest sufficient to maintain injunction 1903"-Order of Board of Railway Commis- prohibiting the construction therein another sioners of public streets-Removra railway or traway.
Where company sublaw-Property Jurisdiction of Board -Imposing termsto construct railways and tramways, has allowed its powers to the construction lines to Seelapse by non-user within the time limited, it is 4.not competent for it enter into PUBLIC STREETS-Special leare appeal with municipality the construction a fBado rmway within the municinaI limits the -alay Act, 1903"-Order of Board of
Connissioners- stretsvisions article the Munic tracks-Constitutional law-Pro- al Cole.
perty and ciril rights-Jurisdiction of Board- -Neglig e-Dangerous way
Opera/ion of raiway-Deer/ire -Gratuitous UORUM-Appeals
Liability carrier for datages.] Art. Q.--Practice- of the absence evidence gross negligence, a judge-Jurisdiction.] Art. P. Q. per- gratuitous passenger.
iloja mits four judges the Court King's P.
)
Harris Perry & to judgmnt heard before
K. distinguished.] when the remaining judge, after hearing the Although railway company have argued, recused himself disqualified, properly maintain bridge fnder their control Davies and contra. ANRRs to ensure the safety persons travelling 330 upon their trains, the mere fact of such omission duty does not coistitute evidence the gioss RAILWAYS- Construction railway-I negligence necessary maintan action i junciion-Inerested party-Public daniages the death gratuitous passcnger. iterest-Lapse Judgment appealed Rep. S. C. R. XXXV.]
RAILWAYS-Continued.
3---Negligence---Raiway company-Proximate cawe-Imprudence of person injured.] A railway train was approaching a station London and the conductor jumped before reached it intending to cross a track between his train and the station contrary to the rule prohibiting employees to a train motion.
light engine was at the time coming towards the track wished to cross which struck and killed
The light engine was moving slowly and showed red light the end nearest the conductor which would indicate that it was either stationary or going away from
In action the conductor's widow she nonsuited at the trial and trial granted the Court Appeal.
reversing the judgment the Court
Appeal, Davies and Killam JJ. (dissenting)
, that the light engine had been allowed to pass a semaphore beyond the station the tion, which justified, that it would pass before the train came to stop at the station, and if the deceased had not, contrary to rule, left the train while motion, could not have into contact with said engine, the plaintiff not entitled to recover. -Held, per Davies and Killan JJ. dissenting that the act the getting the train when did was not the proximate cause of the dent and plaintiff entitled to have the nion the jury to whether or not deceased
4--Appeal-Special leave-- "Railway Act,
"-Order of Board of Railway Commissioners-Use of public streets-Removal oftracks
-Constitutional law-Property and civil rights
Jurisdiction of board- Imposing terms.]
Where the judge entertained doubt to the jurisdiction the Board Railway Commissioners for Canada to make the order complained and the questions raised were public importance, special leave for appeal was granted, terms, under the provisions
"The Railway Act,
Employers' Liability Act- Defect in ways, Care in moving cars
-Contributory negligence.] 0., workman in the employ defendant company directed superior to cut sheet iron and to use the rails the company's railway track for the purpose.
The superior to assist and the two sat the track facing each other. 0.
had his back to two cars standing the track to which, after they had working for a time, an engine attached which backed the
RAILWAYS-Continued.
them in time was run over and had his off.-Held, that 0. did not use reasonable precautions for safety in what knew to dangerous situation and could not recover damages for such injury.-Held, also, that the employees engaged in moving the cars were under no obligation to that there was person on the track before doing so.- Held, per Sedgewick, Nesbitt and JJ., that the want place specially provided for cutting the sheet iron was not defect in the ways, the company within the meaning (a) The Employers' Liability Act. -Held per Girouard and Davies JJ., that it was such defect was not the cause the injury to O.-DINION 6-Negligence- Free-pass-Consideration for transportation-Nisdirection-Findings of jury 7--Construction of statute - Assessment and taxes - Imposition of taxes - R. N. S. RAILWAY COMMISSION.
REFERENCES TO SUPREME COURT OF CANADA-Constitutional law Sunday observance - Reference Supreme Court - R. S. C. s. 37-54 & V. c. 25,s. Legislative jurisdiction.] The statute & Vict. does not empower the ernor General Council to refer to the Supreme Court for hearing and consideration supposed or hypothetical legislation which the legislature province might enact the future. Sedgewick J. dissenting.-The said section provides that the Governor Council may refer tant questions law or fact touching any other matter with reference to which fit to exercise this power."-Held, Sedgewick J. contra, that such "other matter" must ejusdem generis with the subjects specified. IN to appeal to Privy Council refused, REGISTRY LAWS--Construction of statute Land '1itles Act-Registry laws-Confirmation of tax sale-Persona designata-Court of original jurisdiction-Intrlocutory proceeding-Con- REGISTRY LAWS-Continued.
I SALE-Agreement for the sale of land-Falsa stitutional law- Conflict of laws
Legislative demonstratio-Position of rendor's signature- Retroactive of statute -Re
Spectfic performance.] the demption of land sold for taxes- Vesting of title negotiations between and the sale -Interest in lands-Equitable estate two city lots the corner Hastings street and Westminister avenue, Vancouver, B.C., signed document follows :- RES JUDICATA-Opposition afin charge
June 28th, 1902-Received -Order for security-Interlocutory judgmentfrom James Borland th ten dollars Res judicata-Subsequent final order-Revision being deposit the purchase Lots 9 of merits appeal-Practice and District Lt purchase price twenty thousand dollars the balance to paid within July) days, I agree to -he James Borland 2--Right of appeal-Interest appellantin simple free from all iicumbrances. Parties to action- Art. P. Q.-Arts.
953a, C. C-Will-Sales of 'ubsti- Hastings & Westr ited lends Prohibition alienation-193 lots the corner the streets tioned were, fact, lots and block were the only lots defendant oned. In RESPONSIBILITY an action for performance the agreeinent for sale of the lands the trial judge found that these were the lots intended he and also that the words below the signature formed part the receipt.
Held, arming the RETRAXIT-Appeal-- Jnrisdictioet-Amionnt judgment appealed Rep. in controversy appeal-Retraxit.] The
Killain dissenting, that the inaccuracy met appealed from the defendants the description in the receipt dito pay balance the amount demanded crepancy which should disregarded and the which had beein realized defree made performance respect conservatory a cargo lumber made the lots actually bargained for between the consent of the parties pending the suit and for parties.
COT which credit was given the defendants.
Held, that the amount recovered was
Leave to appeal to Privy Council ent lrom that demanded, and the amount the5th July, original demand exceeded t2,000, there jurisdiction the Supreme Court Canada to 2-Priucipnt and agent
Broker entertain appeal.
Joyce Hart ( j
S. land-ud-mision for procuring purchaser- R. Levi Reed Company law-dontmercial corporationCon Labege The bEquitable Life Assurance Soci- tract-Powers of general manager.] land and Kenkel Brown broker volunteered make sale real estate (99 Rep. referred v. Evns owned trading corporation and obtained, ; v. Evans;
the general manager, statement the Trenholme ills Limoges Mont. price, and other particulars with that object real Street Railway Carrire
He brought person the manager and Lachance was able and willing to purchase at the price Pr t Placement. S. mentioned and after discussion, and Beauchemin v. Arentrong made deposit account the price and proslight variation to the terms. They failed and the manager to another person the following day.
The broker RIVERS AND STREAMS- Waterworks- claimed his commission agent for the sale of Waiver AsInjunction the property having fond qualified purchaser 309 at the price quoted.- Hld, affirming the jug. inent appealed frun 9an. Rep. Tas cherea
J. and Girouard J dubitante, that the broker not recover a commission as SABBATH-C'onstitntional lnw..Sndny obser- he had failed secure a, purchaser the terms Supreme Court of spcifled. Under the circumstances, the Canada-Legislatie jurisdiction.
e did not accept the purchaser produced the deal with him, there could inference the requet necessary law the basis SALE-Continued.
an obligation to pay the plaintiff a commission.
3--Construction of contract-Custom trade and C.C.-Sale of goods- 4-Construction of agreement-Sale of goods- Breach of contract
Specific peiyormance- 5-Sale sheriff -Book debts-Assignment of debt-Statute of Limitations-Payment- Ratification- Principal-and agent.
- 6-Mining lease-- Prospector's license-- Testing machinery-Annexation the freehold-Trade flxtures-Fi. Ja. bonis-Sale under execution.
SHERIFF-Debtor and creditor-Assignment of debt-Sheriffs sale-Equitable assignment- Statute of Limitations--Payment-Ratification
-Principal and agent.] In Nova Scotia debts cannot sold under execution and the act the judgment debtor in allowing such debts to the purchaser.--The purchaser
-lied
SHIPPING-Continued.
and that was not obliged to observe extreme and unusual precautions to avoid injury a storm exceptional violence.
2-Jury trial-Practice-Findings as negligence-Questions as special grounds-Judge's charge-Non-direction -Misdirection-Application of law facts-New trial.
- Maritime law-Collision-In land waters- Rules ot narigation-Narrow channel-Boston SOLICITOR-Solicitor and client-Confession of judgment - Agreement with counselcharge.] solicitor may take security from a between them has not been terminated and the costs not taxed but the amount charged against the client must made up nothing but a reasonable remuneration for services and sary disbursements.-A country solicitor had agreement with barrister at Halifax for a division counsel earned the latter business given him the solicitor.
The solicitor took confession judgment from client for which included the whole amount charged the Halifax counsel only part which was paid to him. Held, that though the arrangement was improper it did not vitiate the judgment entered the confession but the amount not paid to counsel should deducted therefrom.
though the creditor might unable to deny SPECIFIC PERFORMANCE
Agreement the validity the pAyment could not adopt for thesale of land-Falsa denonstratio-Posiit to obtain right action thereon and of vendor'ssiga/ure-Secfc performance.] the payment having been made to a third party the conclusion negotiations between C. was not his agent did not interrupt the to the two city lots the Keighley, Maxtead & corner Hastings street and Westminster Durant followed.
avenue, Vancouver, B.C., signed ment follows
" 28th, 1902.-Received SHIPPING-Negligence-Careless mooring of from James Borland the ten dollars major.] The plaintiffs tug, " Vi- being deposit the purchase Lots 9 gilant," was moored at wharf Vancouver & District Lot purchase Harbour with another tug, the " Lois," belon- price twenty thousand dollars the ging to the defendant, lying outside and moored balance to paid within July) days, there line attached to the "Vigilant."
1 agree to give the said James Borland The " Lois " was left thjt position all night simple free all incumbrances. with in charge and fenders out the side next the " Vigilant." During the night
( a heavy gale came up and the "Lois" pounded o
Vigilant " causing her considerable
The lots the corner the streets damage.-Held, affirming the judgment appealed tioned fact, lots 9 and 10in block from, that, the defendant was not tres- and were the only lots defendant owned. in an passer, was not guilty negligence, under action performance the agreement thir the coc lanfs the tiations bdetwn th ircmstnces inleainghis ug sh nd B.o sas the lnsle oftwoity lotse fon thet SPECIFIC PERFORMANCE-Con.
SPECIFIC PERFORMANCE-Con. these were the lots intended be and interest the parties.
The stock the proalso that the words the signature corpany to allotted, having formed part the receipt : Held, the proprietary rights moneys ing the judgment appealed from Rep. trihuted the syndicate members, pro- Killam J. dissenting, that the inaccuracy portion per cent the defendthe description the receipt was mere ants held the property, per cent discrepancy which should disregarded and the owners tie patent rights, the other three the decree made for performance members to receive per cent the respect thelotsactually bargained for between total stock.
time limit was within the parties.
which the company to formed and, Leave to appeal to Privy Council refused, defanlt its incorporation uithin that 5th July, tine, the lands were to remain the property 5th ulythe defendants, the transfers the patent 2--Contract per- rights were become and parties the position i contract writing N1. agreed to sell to P. had never been made.
The tenth cedar poles specified dimensions, the contract the aireement provided that, containing the following provisions: "All poles difference opinion, three-fourths value as they are landed Arnprior are to shipped should control. differences in opinion, time to time they are in ship- the proposed company was not ht, ping condition.
Any poles remaining Arwithin the time limited, the plaintiff, and the prior over month after they are in shipping other members, holding together per condition to paid for estimate thirty interest the syndicate, condays therefrom per cent discount.
pany to incorporated the development For shipments cash days from dates exploitation the enterprise invoices per cent discount."--Held, that manded that the property and rights should for poles not shipped P. was not obliged to pay transferred it under the agreement. on the expiration one month after they were'This being refused, the plaintiff brought action in shipping condition, but only after days against trustees for performance from receipt the estimate such poles..
the agreement to convey the lands and transrefused to deliver logs that had been the fer the patent rights to the company, incorground one month without previous payment porated, for damages.
Held, that the tenth and P. brought an action for perform- clause the agreement controlled the and damages claiming that he could not istration the the syndicate and called upon to pay until the poles were inspected that, three-fourths value the members and passed him, and also that MI. should had not joined the foruation a company, supply the cars. M1. counterclaimed for the price proposed, within the time limited, the lands the poles.-Held, Sedgewick and Killam remained the property the defendants, the JJ. dissenting, that party had miscon- patent rights had reverted to their original ceived his rights under the contract, and no owners and the plaintiff could not enforce judgment could be rendered for either. PHE.s specific performance.
3-Partnership-Syndicate for joint Truo contract-Administration of partners-Lapse of limit-Speiic performance.] syndicate consisting members agreed to form joint stock company for the development, etc., properties owned two their number, the defendants, under the three remaining members, whom plaintiff was furnishing capital, and all bers agreeing to assist the promotion the proposed company.
In the meantime the lands were acquired the defendants and the patent rights were assigned to them, trust for the syndicate, and the lands and patent rights were to transferred to the syi-dicate or to the without any consideration sate the allotment shares proportionately to the
STATUTE lien-Machinery furnished-R. (1900) end 8-Contract Under the Mechanics' Act Nova Scotia, R. S. lien for machinery for mill not attach until it delivered and if the contractor for building the mill then been fully there nothing upon which the lien operate as the Act the owner cannot liable for greater than that due to the contractor.-B., holder more than half the stock pulp company for which had paid cheque, aid also director, to sell to the pany land, build mill and furnish working capital receipt all the bond issue and cash on hand.
The was accepted and the stock, issued fully paid up, was deposited with trust company and the cash, his STATUTE-Continued.
STATUTE-ontinned.
cheque and the price shares, given to such land subsidy the North-West The stock was sold and, from the pro- 1 Council, the North-West Legislative Assembly the land was paid for, the working or any municipal corporation in the capital promised given to the company and North-West Territories Dominion taxation the balance paid to from time to time, within the meaning the sixteenth clause the was constructed. The machinery the Canadian Pacific Railway contract providsupplied an American company but ing for exemption from taxation. it delivered all the money had
Ry. ; paid out above. -Held, affirming the judg- - Ry. ;
Ry. r. ment appealed from Rep. that all the money had been paid before livery the company was not liable under the 3onstittionl law-Sunday observance Len ct th mahiur~.Rejerence Supreme Court
R. 1. -eld, also, that the Act which requires the owner to retain per cent the diction.] The statute & Viet. s. contract price until the work completed did not empower the Governor General not apply as price for building the mill was Council to refer to the Supreme Court specified but the price was associated with hearing and consideration supposed hypoother considerations from which it could not thetical legislation which the legislature a separated.
V. SissInoO province might enact the future. Sedge. J. dissenting.The section provides that the Governor Council may refer 2-Assessment and taxation - Constitutional portant questions fact touching specilair
Exemptions from taxation
Land subsi- subjects "or touching any other matter with dies of the Canadian Pacific Railway - Exten- reference to which tit to exercise this tion of boundaries of Manitoba- Construction of power Held, Sedge% ick J. contra, that statutes-B. N. Acts and 1871-33
''other matter" must ejusdem generis with (D.)-43 (D.)-44 the subjects struction contract-Grant land subsidy the Canadian Pacific Railway
Company authorized the Act, Vict. I
Leave to appeal Privy Council refused, not a grant in prasenti and, conse- 26th July, quently, the period twenty years exemption from taxation lands provided 4-Gonstruction of statute-Assessment and the sixteenth section the contract for the taxes-Exemptions-Railways
Imposition construction the Canadian Pacific Railway taxes-.
N.
begins from the date the actual issue letters patent grant from the Crown, from time to time, after they have been earned, s
Municipal corpo-ation-Assessment and selected, surveyed, allotted and accepted
Contestation ioil
Limitations the Canadian Pacific Railway Company.-The actions-Inter-ption ofprescription-Suspensive exemption was from taxation " the Domin- condition- Construction of statute-Gollection or any province hereafter to established
Art. C or any municipal corporation therein ".-Held,
West Territories in which this exemption 6-AppealJurisdiction-A mount in controattached was added to Manitoba the latter vrsyConditions and reservations-- Supreme a province " thereafter established " and Court Act 29-Refnsal conditional added territory continued to subject renunciation-Costs of appeal in court belowto the said exemption from taxation.-The ofeaqute
Nuisance-Statutory powerslimitations respect legislation affecting Negliyence-Legal maxim.
the territory added to Manitoba, virtue the Dominion Act, Vict. upon the terms and conditions assented to by the Manitoban Acts Vict., (3rd Sess.), chs. and 6,:
are constitutional limitations the powers the Legislature Manitoba respect such
-- Practice- Pleading- Condition precedent added territory and embrace the previous legisostruction 2f statute-59 9,25 lation the Parliament Canada relating to(BC)
the Canadian Pacific Railway and the land courses Watenvorks-Trespass- Damages subsidy aid its construction.-Taxation Wairer-Injunction.
aiy kind attempted laid upon any
[S. C. IR. VOL. XXXV. STATUTE-Continued.
Construstion of statute--Appeal-Jurisdiction-" Torrens System "-Land Titles Act
-Registry laws-Coifirmation of tax sale- Persona desinata-Court original jurisdiction-Interlocutory proceeding-Constitutional law-Conflict of laws-Legislative jurisdiction- Retroactive of statute -Redemption of land sold for taxes-Vesting of title-Interest in lands
Construction of statute--Mines and minerals
-Location ofclaim-Planting of posts -Formalities required statute-R. 8 B.
s. V. c. (B.C.).
- STATUTES-Continued.
14--55 & V. [Criminal 611-Form FF]
- 15--55 & c. (Criminal 754-Indictment]
16--55 [Criminal 955-Sentences]
17--57 & c. [Land Titles ]-461 18--60 & V. c. 34, s. 1 (D.) [Appeals]rom STATUTES-30 (Imp.) [B.N.A. Act, Ontario]
19--60& Virt.ch 34 (D.) [OntarioAppeals] [B.N.A.
c. [Manitoba].
- 550,20 -3
Ediv. VII c.58,.
[Railway Act,
[Manitobal.
- 21--Art. R. Q. of notarial (D.) of mintes]
5'- 22--52 c c.79
[Montreal City Chaterl 6--- C. c. [Supreme Cort Act]
c. [Montreal City 7--R.
;. [References Supreme Charter]
---- Court of
Coto
.
8--R. Act]
R. S. N. S. c. and 8 [Penitentiary
- .
[Penitentiary Art]
11--54
12--55
201-Gaminu]
27-R.
S. N. S. c [Limitations 13--55 & V. c. [Criminal 29--2 Edw. VII., c. (N.S.) [Assessment] STATUTES-Continned.
and f3rd Sess.]
R. B. s. [Staking
V. [Charter
Sandon Water and Light Co.]
- 33-61 V. c. [Mining claims]
N.
T. Crd., c. 2; [Land tax
35--N. W. T. Ord. c.
N.
T. Ord.
SUNDAY OBSERVANCE-Continned. alfor Ontario v.Hamilton Street Railway SURVEY precedent-Construrtion of statute-59 V. (B. C.)-Aineral claim-Expropriation- Watercourses- - Wairer-Injunction-'lrespass.
2-Crown land-Mining lease
Concersion-Title to land-Eridence-Description in grant-Plan of survey-Certiied copy. SYNDICATE.
SUBSTITUTION-Right of appeal-Interest TAXATION.
of appellant-Parties to action-Art. 770. P. Q.
-Sale of substituted lands-Will-Prohibition alienation-Arts.
C.-Res judicata.] TENANT.
nor made party the Superior Court pro- TITLE TO LAND-Title land-'oeeyance upon conditions Public park-Trustorder authorizing the sale to him, res inter Foijeitnre-Assignment of rerersionary interest alios acta, not prejudice his rights and, -Decree in farour assignee
Champertons therefore, cannot maintain an appeal there- agreement.] conveyed lands the city purposes park public recreation with conditions prohibiting their for certain SUNDAY OBSERVANCE.
Constitutional purposes and, within time limited, lan-Sunday observance-Reference Supreme'that the city clear the land stumps Court-R. 8 C. 37-54 & and roots, plough, and harrow the 4-Legislatire jurisdiction.] The statute according the natural contour the ground, & Vict. does not empower the it down, build to it and "maintain Governor General Council to refer to tle the is such proper and condition, that the city held the lands the proviso section provides that the Governor Council it appeared that about one-sixth tle laud left its natural state, forest," fit ejs- requiring but lation to prohibit Sunday the performance population not increase the bition purposes, they bad not and had covered TITLE TO LAND-Continued.
[ TITLE TO LAND-Continued.
chaparal and bracken.
Held, Sedgewick J. Retroactive efect-Redemption of land sold for dissenting, affirming the judgment appealed taxes - Vesting of title - Interest in lands - . from, that there was no such breach the Equitable estate -N.
W. T. Ord. trusts as could warrant declaration for- c. ; and 30-57 & feiture under the provisoes the deed c. (D)-Practice-Farm of order.] The veyance.-Per Killam J.-Had there been provisions the T. Ordinances, chap. breach trust, the resulting forfeiture could vesting titles lands for taxes have been decreed favour the assignee the purchaser forthwith upon the execution the transfer thereof free all charges and incnibrances other than liens for existing taxes and Crown dues, are inconsistent with Trespass-Right of action-Fences-Eu- provisions the 54th, 59th and 97th closure-Possession.] The action was for tresti the Land Titles Act, and, pass but the question dispute was, reality consequently, pro tanto, ultra rices the the title to the lands.
The Supreme Court Legislature the North-West Territories. affirmed the judgment appealed from
Sedgewick and Killam JJ. contra.
N.he
Rep. which decided that the mere section the
V. Ordinance, chap. 12 closure the land another, the proprietor providing for an extension the time the adjoining land, putting up fence 'for redemption lands for taxes, deals for the purpose protecting the lands both with procedure only and retrospective and parties against incursions cattle, such saves the rights mortgagees prior to the tax ing being made mutual consent and arrange- to permit them inteient to that end, could not have the persons and redeem the lands. dispossessing the actual owner the land wick and KillamjJ. contra.
The Ydn (15 closed, nor prevent him from maintaining Times referred to.
In Kerr action for trespass against an intruder thereon Ter. R. overruled.-Per Sedgewick or prevent any using his land for pur- and Killan JJ. The provisions the poses other than those for which it had been section cannot operate retrospectively which the transfers 3-Sale of mierat claim
Litigio2 rights and the right redemption was Chaniperty.] In Briga N-ander
S. the plaintiff held entitled conveyance defendants quarter
. T.
terest certain mineral cinis. In that action
Croumb lands lense -Trespass Newswander al.
only nominal
Oot ersioe
Title lands fendants, the real interest in the being scription in grat-Plat of. survey F. After the judgment was given plaintiff copy.] The provisions section conveyed nine-tentss his interest to o., the Evidence Act,"
. 160, expressed consideration being moneys advanced not permit the reception certified and undertaking
. to pay the costs survey deposited the that action and another brought Briggs, Crown Lands to make proof the onand, subsequent deed, which recited the ginal annexed to the grant lands from the proceedings in the action and deed the Crown.
nine-tenths, conveyed to the remaining one-tenth his interests, the consideration that deed being payable instalments.
decree-Cloud title-In. Briggs afterwards assigned the junction.
tioned judgment and interest the claimsS to F.
w a against F.
e claration that he was entitled to the quarterL
.igit of appeal-Interest of appellate interest. -Held, affirming the judgment appeal- Parties actioit Act. P. ().-Sales of from Rep. that the transfer substituted lands
Will- Prohibition against the nine-tenths was chaipertous and ali natn ionK Arts. C.the court would not interfere to assist claiming title acquired. -Held, that the transfer one-tenth valid, beingtled for consideration and severable from the aSale-Falsa deqofstratio-Specfc per/or. remainder caims e-i
4-constitutional la
Cotflict ofla s
Legis- 9
Syndicate promote joint stock atire juisdiction
Const ction of statute- -Partnership-Trust greement-Costru,-li n TITLE LAND--Continued.
of contract- Administration majority partners-Lapse of pe-for- "TORRENS SYSTEM"
" 4.
TRADE CUSTOM -Fire insurance tract of re-insurance-Conditions of
Rider" Limitations of prescription-Art.
TRADE FIXTURES-Mining lease-Pros.
pector's license -Testing machinery -Annexation freehold-Trade fixtures-Fi. Ja. de bouis-Sale under execution.] The licensees
- Privy
TRAMWAY -Construction railway- Injunction-Interested party-Public corporation
-- Public interest---Lapse ofpowers- "Railway"
territory-Invalid tract -- Public policy -Dominion and railway Acts-General advantage of Canada- Municipal Code-Limitations of powers.] Per charter.-Per
TRAMWAY-Continued.
line within the limits municipality where such powers were granted has no interest cientto maintain an injunction prohibiting the construction therein another railway tramway.
Where company subject to the Dominion Railway Act, with powers to struct railways and tranways, has allowed its powers as to the construction new lines to lapse non-user within the time limited, it not competent for it to enter into an agreement with municipality for the construction a tramway within the municipal limits under the provisions article the Quebec Muni- TRESPASS-Negligence-Trespasser- Licensee-Overholding tenant.] trespasser or bare land
Right action-Enclosure jencing - 3-Practice-Pleading- Condition precedent -Construction of statute-59 V. c. Mineral
Watercourses - Waterworks - Damages -Waiver-Injunction.
Crown lands-Mining lease--Conversion- Title to land-Evidence-Description in grant- Plan of survey-Certified copy.
- TRUSTS-Title to land - Conveyance upon conditions-Public park- Trust- Forfeiture- Assignment of reversionary interest-Decree in favour of assignee-Champertuous agreement.] park or public recreation place with conditions prohibiting their use for certain specipurposes and, within a time limited, that the city should clear the land stumps and TRUSTS-continued.
[ VENDOR AND PURCHASER-Con. the land had been left in its natural state, I agree give the said James Borland " virgin forest," but that the remainder had simple free all incumbrances. been clearedandmadefit for "ordinary athletics,
(Sg.)
JOS. Scotch athletics" although not suitable for games or sports requiring " nice " level ground. It appeared, also, that the road had been built but 1 The lots the corner the streets that, population did not increase in the vici- tioned fact, lots 9 and in block nity,the grounds were not in demand for athletic and the only lots defendant owned. In or exhibition purposes, they had not been used an action for performance and had somewhat covered with under- agement for lands the trial judge growth chaparal and bracken.-Held, Sedge- found that these were the lots intended to wick J. dissenting, affirming the judgment and that the words below the appealed from, that there such breach ture formed part the receipt.-Held, the trusts as could warrant declaration for- ing the judgment appealed feiture under the provisoes the deed Killain J. dissenting, that the inaccuracy veyance.-Per Killam J. Had there been a the description the receipt mere breach trust, the resulting forfeiture could crepancy which should disregarded and the have been decreed in favour the assignee decree made for performance in respect VANCOUVER.
the lots actually bargained for between the Will-Construction of residuary clause- Power of selection - Discretion of trustees
5th July,
Vagueness or uncertainty - Designated class of beneficiaries.] devise in will direct
VENUE-Criminal law- Venue-Indictment ing the distribution the residue the testator's estate among his brothers and sisters minal 754-R. c. nephews and nieces who should most need
The venue mentioned section it, at the discretion trustees therein the Criminal means the place where named, valid and confers absolute power the crme charged to have committed upon the trustees selecting beneficiaries from and, where description the classes persons mentioned. McGibbon required there implied allegation that the Abbtt
63)folowe ;Rossv committed at the mentioned Abbott App. Cas. followed; Rss v.
R. referred to. the venue the margin the record, DoRt.
ro consequence whether or not the trial court joint
-Partnership- Trust agreement-Construction of contract-Administration majority of partners-Lapse of time limit-Specfic performance.
Commitment-Form of warrant Imprisoament in peniteniay-Vnue--Vommencement UNDUE INFLUENCE-Contract-Security for debt--Promissory note -Husband and wije
-Parent and child.
- VERDICT- Criminal la
7.241, ounding ith intent-on- 7.rict ion-Crounn case reseri-ed.] an indict- VENDOR AND PURCHASER--Agreeinent for wounding with intent verdict ment for the sale of land -Falsa demonstratioguilty without malicious intent" an acquit of signature-Specific perforce Verdc e ri rance-Arcident policy
Conditions -Mirepresentations-Non-disclosurera7 ty.
3-egligence-Dangrous ways,&c.-Master and serrant-Findings ofjury New trial. price twenty thousand dollars the
VIS MAJOR-Negligence-Careless mooring ofvessels-Vis major.]
The plaintiff's tug,
" Vigilant," moored at a wharf in Vancouver Harbour with another tug, the "Lois,"
belonging to the defendant, lying outside and moored there a line attached to the "Vigilant."
The "Lois"
left in that position all night with no one charge and fenders out the side next the " Vigilant."
During the night heavy gale came up and the
" Lois " pounded the " Vigilant " causing her considerable damage. - Held, affirming the jndgnient appealed from, that, the defendant was not trespasser, was not guilty negligence, under the circumstances, in leaving his tug did and that he was not obliged to observe extreme and unusual precautions to avoid injury storm exceptional violence.
WAIVER-Case appeal-Security for
Waiver consent- Reduction of amount security.
- New points raised appeal - Condition precedent-Construction of statute-Damages- 3-Assessment and taxes-Constitutional law
-Exemptions from taxation-Land subsidies
Canadian Pacific Railway-Extension the boundaries of Manitoba- -Construction statutes respecting the constitution of Canada, Manitoba and the North-west Territories-Construction contract-Grant in presenti-Cause of action-Jurisdiction- Waiver.
- WARRANT-Commitment penitentiary- Form of Warrant-Copy of sentence.]
Under section " The Penitentiary Act," R.
court certified by judge or the clerk acting clerk that court sufficient warrant for the commitment and detention the vict. Judgment appealed from Can.
R. affirmed.
2-Commitment-Form of warrant-Imprisonment in penitentiary-,Venue -Commencement of
Evidence - Verdict - New trial-Life insurance-Accident policies-Conditions of contract-Misrepresentations -Nondisclosure- Words and terms-Rule of interpretation.
WARRANTY-Continued.
2-Mutual life insurance-Natural premium system-Level premium-Mortuary calls-Rate of onsessment-Rating at attained age-Fraud -Puffing statements - Misrepresentation -- Acqu iescence-Alistake -Rescission contract- WATERCOURSES- Practice - Pleading- Condition precedent-Construction of statute- (B. C.)-Mineral claim- Watercourses -Waterworks - Trespass-Damages-Waiver-Injunction. WATERWORKS - Condition procedent-Cons8ruction of statutec. ss. (B. C.)-Mineral claim- Expropriation -Watercourses -Waterworks - Trespass-Damages- Waiver-Injunction. 309 WILL-Discretion of executors-Withholding income-Reasonable time-Failure of devise-Oy-pres-Costs.] the will to apply a portion the income the Jesuit three months from the date the decree. The action estate, a decree that the income the residue particular directed the will, with further directions.
The Supreme Court made order varying the decree by striking out the date named, be applied semi-annually the defendants to the promotion and support, in the City Halifax or its vicinity, such charitable institutions and religious orders in connection with the Roman Catholic Church, and such manner and in such proportions as the executors, their discretion, might think proper in accordance with the terms the will and the powers thereby conferred upon them. leave to either party to apply to the court below WILL-Con/inued.
WILL-Con/inue1.
defendants.
asked the testatrix the signature to it onstrction clause-Powerto f of of that -Designatd of question asked and answered.
the residue the testator's estate among his brothers and sisters or nephews and nieces who and don wa should most in need it, at the discretion Supree Cogrt ofNoa Sco
Hed trustees therein named, valid and confers th judgment aae aS.Rp absolute power upon the trustees selecting 42 that ain nst beneficiaries from the classes persons men- be versdy a s
0.-Marriage contract-Duress.] WORDS AND TERMS- Inturace was the judgment the Court Re- EIRABIN.
477 "Rail-ay.
4-Signature of
Eridene
Tra
Lois et règlements cités
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- sections 70
- s. 37
- art. 1
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Citations non résolues
- section 11