Page images
PDF
EPUB

Eng. Rep. ]

WORTH V. GILLING AND ANOTHER-GENERAL CORRESPONDENCE.

dant had warned a person to beware of the dog tion agreed to be given for the assignment. lest he should be bitten, was evidence to go to a

Before any of the notes are paid B. dies jury in support of the allegation that the dog

intestate. The widow of B. takes out adminwas accustomed to bite mankind.

istration to her husband's estate, and A. sues Erle, C. J.-It was not necessary to prove that the dog bad actually bitten another person.

her upon the notes, and obtains judgment. If the evidence shewed the animal to be of a The personalty is exhausted by prior claims. fierce and savage nature, that it bad on former

writ of fi. fa. against lands is issued, and occasions evinced an inclination to hire, chit will

under this the sheriff sells the interest of the be enough to sustain the action ]

There was no evidence whatever in this case deceased B. in those lands, which is bought to shew that the defendants, wbu bud only had

by A. All this time the fee is in the Crown, the dug in their possession a few weeks, knew that it was ferocious. In Harlley v. Harriman,

no patents being issued. A. upon this claims 1 B. & A. 620, an averment in a declaration tbat that by the sheriff's sale and conveyance to the defendant's dogs were accustomed to worry him he acquired the interest of the deceased, and bite sheep and lambs, was held not to be

and is entitled to stand in his place, and, upon supported by proof that they were of a ferocious and mischievous disposition, and that they had completing the payments to government, to frequently attacked men : Holroyd, J. saying:

obtain the patent. “ If the allegation as to the babit of these dogs

Is he right in so claiming? In short, is the were struck out of the declaration, a sufficient cause of action would not remain. Then it fol- interest of a purchaser of Crown Lands before lows that it is material, and absolutely necessary patent issues liable to sale under execution ? to be proved. And it will not do to prove

The point is disputed. If the interest is not Another fact, which, if inserted in the declara. tion instead of this, might have been quite suffi

saleable, it occurs to me, there is a very grave cient to support the action; for, the allegation defect in our laws. It would practically enaitself must be proved ”

ble a dishonest debtor to invest a large sum ERLE, C. J.-I am of opinion that there should in Crown Lands (leaving a small sum unpaid) be no rule. Although there was no evidence that

and put his creditors at defiance. the dog bad ever before bitten uby one, it was proved that be uniformly made every effort in

Your obedient servant, his power to get at any stranger who passed by,

A BARRISTER. and was only restrained by ihe chain. There Prescott, July 9, 1867. was abundant evidence to shew that tho defendants were aware of the animal's ferocity : and,

[The question is not, we think, one which if so, they were clearly responsible for the dam

comes within our rule to answer. At the age the plaintiff bad sustained.

same time our columns are open to any one WILLES, J.-There was evidence that the dog was in the habit of jumping at every one who

who may desire to express his opinion on the passed his kennel, endeavouring to bite, and subject, a course frequently adopted in the that the defendants knew it. It is true that he

English law periodicals.-Eng. L. J.] did not appear to have succeeded in biting any person until he unfortunately caught the plaintiff. The defendants admitted that the dog was purchased for the protection of their premises

A question under the Bankrupt Law. Unless of a fierce nature, be would hardly have

TO THE EDITORS OF THE LAW JOURNAL. been useful for that purpose.

Gentlemen,—In my letter to the Local BYLES, J. and KEATING, J., concurred.

Rule refused.

Courts' Guzette for last month, I drew the attertion of the learned Editors of that Jour

nal, and the legal public to a question under GENERAL CORRESPONDENCE.

the Bankrupt laws. I am hoping to see your

comments on it, as well as other legal lights Is the interest of a person in Crown Lands

from the pens of legal contributors, in your before patent issues saleable under fi. fa.

forthcoming July number. The question is, TO THE EDITORS OF THE LAW JOURNAL.

is a debt not included in the Schedule of debts GENTLEMEX, - I would like to have your attached to the assignment of an insolvent, opinion upon a point which I conceive to be under the laro, discharged by his certificate of some interest to the public.

of discharye or not?" A. purchases a piece of land from the gov- I contend that it is not, and although I canernment, makes several payments, and then not at this time lay my hands upon any adassigns his interest to B., taking the promis- judged case it seems to me that every principle sory notes of B. as security for the considera- / of law, and common sense, is against a con

[ocr errors]

GENERAL CORRESPONDENCE–Reviews.

trary construction. The real object of the

REVIEWS. Bankrupt act, is to enable honest debtors to get a discharge, upon giving up all the pro

The Law GAZETTE. San Francisco : Hope & perty they have for the benefit, and upon due

Chaplin. notice to every creditor great and small.

This periodical is welcome after its long Every creditor should have notice and by our insolvent act, as construed, every creditor has journey. It comes with news of what is to be once notified at least. To bar a man of transpiring at the far west, in the legal world. his debt without notice seems very unfair.

It touches upon a variety of subjects, and Another object in having every creditor put in gives many extracts from the English Reports, the list, is that no favouritism may be shown

though in a more disjointed manner we should to one more than to another. If the insolvent

think than would be convenient to its readers. can leave out of his list a creditor of say $50,

A summary of the different cases in one of the with impunity, so he can leave out with equal

District Courts, as published in the Gazette, legality one having a claim of $500. Suppos

shews that a "fusion” of law and equity, to ing him to have an estate (a precious rare

say nothing of matrimonial matters, is a matthing it is true) that will pay 58. in the £, then

ter of a matter of the past in the State of San certain preferred or included creditors are paid, Francisco, for we see that actions of assumpsit, and excluded ones get nothing. That your debt, damages and ejectment, suits for divorce, readers may know in what places in our in applications to quiet titles, foreclosure suits, solvent law, reference is made to the necessity

and assessment cases are adjudicated upon in of giving a full list of creditors I mention the the same Court. A Judge there had need to following, viz. ; Section 2 of the act says “At be a man of prodigious intellect to be able to such meetings he (the insolvent) “shall exhi- decide satisfactorily to himself or to suitors, bit a statement showing the position of his

cases involving such a variety of legal lore. Mr. affairs and particularly a schedule (form B) Hope, one of the editors, is, we believe, a containing the names and residences of all member of the Law Society of Upper Canada. his creditors.” See also subsection 2 of section 2: subsection 16 of section 3: subsection 2 of section 5 : subsection 6 of section

ALPHABETICAL INDEX OF THE STATUTES PASSED 2 : section 11."

BY THE PARLIAMENT OF CANADA, SINCE THE The English Bankrupt act has a special

CONSOLIDATED STATUTES. By T. P. Butler, clause as to the effect of the certificate of dis

B.C.L., Advocate, Montreal. Ottawa : G. E. charge, different from ours. It says "that

Desbarats, 1867. Price 50c. after the discharge the Bankrupt shall not

The above includes an appendix shewing be sued for any debt proveable under the Bank- the amendments to all the Consolidated Statruptcy.” Our act only excludes certain speci-utes—a useful addition to a useful pamphlet. fied debts of a trust nature, and I think sup- The above does not pretend to be more poses that all debts have been put in the than an index, not aspiring to the dignity of a Schedule! A debt to be proveable must be digest, but as giving in a compact form the one acknowledged by the debtor or at least result of the legislation in this Province from alluded to in his list. The Bankrupt act the time of the Consolidated Statutes to the should be construed liberally for creditors end of the last session before the confederation, whose rights are by it infringed on.

it will be of great service to practitioners, and

SCARBORO. in fact to all who have occasion to refer to the Toronto, July 15, 1867.

statutes. [Our correspondent has evidently thought tion does not permit any great amplitude in

Though the apparent scope of the compilaover this subject carefully. Is there not some

the titles used, the subjects are indexed in case in our own courts affecting the question ? Our correspondent will perhaps look this up.

such a way as to be found without difficulty, -Eds. L. J.]

which, by the way, is saying a good deal, when the editor can scarcely be expected to know much about the legal phraseology of this end of the Dominion.

A PROCLAMATION.

Donald Macdonald.
Oliver Blake,
Billa Flint.
Walter McCrea.
George William Allan.

A

For the Province of Quebec. James Leslie. Asa Belknap Foster. Joseph Noël Bossé. Louis A. Oliver. Jacques Olivier Bureau. Charles Malhiot. Louis Renaud. Luc Letellier, de St. Just. Ulric Joseph Tessier. John Hamilton. Charles Cormier. Antoine Juchereau Duchesnay. David Edward Price. Elzear H. J. Duchesnay. Leandre Dumouchel. Louis Lacoste. Joseph F. Armand. Charles Wilson. William Henry Chaffers. Jean Baptiste Gouévremont. James Ferrier. Sir Narcisse Fortunat Belleau, Knight. Thomas Ryan. John Sewell Sanborn.

CA NA DA.

By the QUEEN.

PROCLAMATION. For uniting the Provinces of Canada, Nova

Scotia, and Nero Brunswick, into one Dominion, under the name of Canada.

WHEREAS by an Act of Parliament, passed on the twenty-ninth day of March, one thousand eight hundred and sixty-seven, in the thirtieth year of Our reign, intitutled : “An Act for the Union of Canada, Nova Scotia and New Brunswick, and the Government thereof and for purposes connected therewith,” after divers recitals, it is enacted, “that it shall be lawful for the Queen, by and with the advice of Her Majesty's Most Honorable Privy Council, to declare, by Proclamation, that on and after a day therein appointed, not being more than six months after the passing of this Act, the Provinces of Canada, Nova Scotia and New Brunswick shall form and be One Dominion under the name of Canada, and on and after that day those Three Provinces shall form and be One Dominion under that name accordingly;" and it is thereby further enacted, " that Such Persons shall be first summoned to the Senate as the Queen by warrant, under Her Majesty's Royal Sign Manual, thinks fit to approve, and their names shall be inserted in the Queen's Proclamation of Union;" We, therefore, by and with the advice of Our Privy Council, have thought fit to issue this Our Royal Proclamation, and We do ordain, declare and command that on and after the first day of July, one thousand eight hundred and sixty-seven, the Provinces of Canada, Nova Scotia and New Brunswick shall form and be One Dominion under the name of Canada :

And We do further ordain and declare that the persons whose names are herein inserted and set forth are the persons of whom We have by Warrant under our Royal Sign Manual thought fit to approve as the persons who shall be first summoned to the Senate of Canada:

For the Province of Ontario.
John Hamilton.
Rodedrick Matheson.
John Ross.
Samuel Mills.
Benjamin Seymour.
Walter Hamilton Dickson.
James Shaw.
Adam Johnson Fergusson Blair.
Alexander Campbell.
David Christie.
James Cox Aikins.
David Reesor.
Elijah Leonard.
William MacMaster.
Asa Allworth Burnham.
John Simpson.
James Skead.
David Lewis Macpherson..
George Crawford.

For the Province of Nova Scotia. Edward Kenny. Jonathan McCully. Thomas D. Archibald. Robert B. Dickey. John H. Anderson. John Holmes. John W. Ritchie. Benjamin Wier. John Locke. Caleb R. Bill. John Bourinot. William Miller.

For the Province of New Brunswick.
Amos Edwin Botsford.
Edwin Baron Chandler.
John Robertson.
Robert Leonard Hazen.
William Hunter Odell.
David Wark.
William Henry Steeves.
William Todd.
John Ferguson.
Robert Duncan Wilmot.
Abner Reid McClelan.
Peter Mitchell.

Given at our Court, at Windsor Castle, this

twenty-second day of May, in the year of our Lord, one thousand eight hundred and sixty-seven, and in the thirtieth year of our reign.

GOD SAVE THE QUEEN.

A PROCLAMATION-APPOINTMENTS TO OFFICE.

CANADA.

Murray, that Lady, of whose legitimacy Sir

Thomas had vainly endeavoured to convince the By His Excellency the Right Honorable

House of Lords, retained her maiden surpame. CHARLES STANLEY VISCOUNT MONCK, Baron

In society she was generally known as the PrinMonck, of Ballytrammon, in the County of

cegs d'Este; and the bilious satirists of Inns of Wexford, in the Peerage of Ireland, and Court used to speak of Sir Thomas as “the Prince." Baron Monck, of Bally?rammon, in the It was said that one of Wilde's familiar associates, County of Wexford, in the Peerage of the soon after the lawyer's marriage, called at bis United Kingdom of Great Britain and house and asked if the Princess d'Este was at Ireland, Governor General of Canada, &c., bome “ No, Sir, " replied the servant, "the &c., &c.

Princess d’Este is not at home, but the Prince

is !”- Jefferson's Book about Lawyers.
To all whom these presents shall come-
GREETING :
A PROCLAMATION.

JEFFREYS AND TAX FIDDLER — Though Jeffreys

deligbted in music, he does not seem to have Whereas Her Majesty the Queen, by Her

beld its professors in high esteem. In the time Letters Patent, under the Seal of the United

of Charles II. musical artists of the hunbler Kingdom of Great Britain and Ireland, bearing grades liked to be styled “mu-itioners ;” and on date at Westminster, on the first day of June, A certain occasion, when he was sitting as Recorin the Thirtieth year of Her Reign, hath been der for the City of London, George Jeffreys pas graciously pleased to constitute and appoint greatly incensed by a witness who, in a pompous me to be Governor General of Canada, with voice called himself is musitioner. With a speer all and every the powers and authorities in the Recorder interposed-"A musitioner! I the said Letters Patent contained, and which thought you were a fiddler !" "I am a musitionbelong to the said office; Now Know Ye, and er," the violinist answered stoutly. “() indeed.” I have therefore, with the advice of the

croaked Jeffreys. This is very importani-highly Queen's Privy Council for Canada, thought fit

important-extremely important! And pray Mr. to issue this Proclamation to make known,

Wituess, what is the difference between a musi

tioner and a fiddler?” With fortunate readiness and I do hereby make known Her Majesty's

the man answered, said appointment; of all which Her Majesty's

“ As much sir, as their is

between a pair of bagpipes and a recorder." loving subjects, and all others whom it may

Jefferson's Book about Lawyers. concern, are to take notice thereof and govern themselves accordingly. Givex under my Hand and Seal at Arms, APPOINTMENTS TO OFFICE.

at OTTAWA, this First day of July,
in the year of Our Lord one thousand

CORONERS.
eight hundred and sixty-seven, nnd in

LEANDER HARVEY, of Watford, Esquire, M.D., to be the thirty-first year of Her Majesty's

an Associate Coroner for the County of Lambtop. (Gazetted reign.

22a4 June, 1867 ) MONCK.

PETER F. CARSCALLEN, of Tamworth, Esqulro, to be By Command,

on Associate Coroner for the County of Lennox and Adding. JOHN A. MACDONALD.

ton. (Gazetted 22nd June, 1867.) Canada Gazette, July 1st, 1867.

CHARLES FRANCIS BULLEN, of Wellington Square, Esquire, to be an Associate Coroner for the County of

Halton, in Upper Canada. (Gazetted 29th June, 1867.) THE LAW OF EVIDENCE. - The bill wbich has GEORGE LANDERKIN, of the Village of Hanover, Espassed the House of Representatives, removing quire, M.D., to be an Associate Coronor for the County of ibe disability of witnesses from interest, &c., in Grey, in Upper Canada. (Gazetted 29th June, 1867.) civil cases, is so entirely in accordance with the

COMMISSIONERS. progress of the age we live in, that we are sur.

JAMES BREUD BATTEN, of Westminster, England, prised that it has not long ere this been made a part of the law of Pennsylvania. In the courts

Esquire, Solicitor, to be a Commissioner for taking affidavits of the United States, New York, New Jersey,

in and for the Canadian Courts in England. (Gazetted 15th

June, 1867.) and many of the other States, the old doctrine

NOTARIES. has been repudiated, and everywhere to the

NELSON GURDON BIGELOW, Esquire, Attorney-at-Law, great satisfaction of the bar and bench. fully satisfied that the majority of our bench

&c., to be a Notary Public for Upper Canada. (Gazotted

29th June, 1887.) and bar are in favor of the change, and bope the Senate will not fail to concur in the action of the

HENRY POTTEN, of Brantford, Esquire, Attorney-at. House, and that the bill may become a law at

Law, to be a Notary Public for Upper Canada. (Gazetted the present session.—Legal Intelligencer.

29th June, 1867.)

We are

TO CORRESPONDENTS.

SIR THOMAS ILUE AND THE PRINCESS D'Este: - After Sir Thomas Wilde (subsequently Lord Truro) in arried Augusta Emma d’Este, the daugh. ter of the Duke of Sussex and Lady Augusta

“A BAREISTER" - "SCARBORO”-under "General Corres pondence."

THE LATE Hon. SAMUEL BEALEY HARRISON.

THE

Upper Canada Law Journal.

[ocr errors]

DIARY FOR AUGUST.

Samuel Warren. The late Mr. Esten, one of

the Vice-Chancellors of Upper Canada, was 1. Thurs. Lammas.

also for a short time one of his pupils. 4. SUN... 7th Sunday afler Trinity. 11. SUN... 8th Sunday after Trinity.

Mr. Harrison subsequently gave up this busi14. Wed... Last day for service for County Court. Last day for County Clerk to certify county rates to

ness to his brother Richard, and being on the municipalities in countirs. 18. SUN... 9th Sunday after Trinity.

15th June, 1832, called to the bar, he left the 21. Wed... Long Vacation ends.

lucrative but somewhat monotonous chambers 24. Sat. ... St. Bartholomew. Declare for County Court. 25. SUN... 10th Sunday after Trinity.

of a special pleader for the more precarious, but 28. Wed... Appeals from Chancery Chambers.

more brilliant prospects of the bar. Fortune here also smiled upon him, and his many friends prophesied that he was on the straight road to high professional distinction.

He went the Home Circuit, where his brethren were Montague Chambers, Shee, Channell,

Russell Gurney, Gaselee, Dowling, and others. AUGUST, 1867.

Ill health and a desire for change, however,

induced him, after a few years, to come to this THE LATE HON. SAMUEL BEALEY country and try his fortune as a colonist, II ARRISON.

This he did in the year 1837, and settled It is with feelings of extreme regret that at Brontè, in the County of Halton, we record the death, after a comparatively, where he went into milling and farming with short illness, of the Hon. Samuel Bealey Har- his accustomed energy. But he was not long rison, Judge of the County Court of the allowed the questionable pleasures or profits County of York, at his residence in Toronto, of this retirement, for he was most unexpecton the 23rd of July last, in the sixty-sixth | edly to himself, in June 1839, requested by year of his age.

Sir George Arthur, then Lieutenant Governor This event which inflicts so severe a loss of Upper Canada, to act as his private not only upon his immediate relatives and secretary. He filled this office until Mr. Charles friends, but also on the whole community, calls Poulett Thompson, afterwards Lord Sydenfor more than a passing notice; and though ham, who entertained a high opinion of his his name is so well known, and his sterling capacity, appointed him Provincial Secretary worth so well appreciated, that we can do on the 10th February 1841, at the time of the nothing to add to his reputation or increase union of the two Canadas, and three days afterthe love and respect of all who knew him, we wards he was made a member of the Execumay yet collect some few particulars of a life tive Council. replete with the gists that make a man useful Mr. Harrison was elected member for Kings. in his generation, and blessed with that kindly ton in the first Parliament of United Canada, nature which could not help but win the love on 1st July 1841, in the room of Mr. Manaof those who might even try to be his enemies. | han, who resigned the seat and was made col

Ile was the eldest son of John Harrison, lector of customs at Toronto. He continued Esq., of Foxley Grove, in Berkshire, and was in office until his resignation on 30th Septemborn in Manchester on the 4th March, 1802. ber 1843, on the question of the removal of At the age of seventeen, he was admitted to the seat of government from Kingston to the Honorable Society of the Middle Temple, Montreal. and after a period of diligent study he commenc- In politics Mr. Harrison was always a ed his professional career as a special pleader. reformer, but not extreme in his views, which In this branch he speedily acquired a large and he expressed with much clearness and force, remunerative business which he conducted though without attempt at oratorical display with much ability for several years. During whilst his strong common sense, clear head and" this time, he had as his students, a number of business habits rendered his services of great young men many of whom have since risen to

value to the government. When Mr. Bald. the highest honors in their profession. Amongst win, in September 1841, introduced his celethe best known of these were, we believe, Lord brated resolutions as on Responsible Govern. Chief Justice Cockburn, and the late Mr. ment, Mr. Harrison was selected by Lord

« PreviousContinue »