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DIGEST OF ENGLISH REPORTS.

3. A marriage settlement recited, that, by virtue of certain specified instruments, certain specified hereditaments, "and all other the free hold hereditaments in the county of Y., thereinafter expressed to be appointed and released," were limited as the settlor should appoint; and that it was agreed that the several hereditaments and estates in the county of Y., "thereinafter mentioned and intended to be thereby conveyed," should be assured to the uses thereinafter mentioned. The deed then contained an appointment and conveyance of the specified hereditaments mentioned in the recital and of all other the freehold hereditaments, if any, in the county of Y., of or to which the grantor was seized or entitled for an estate of inheritance." Held, that fee simple estate in Y., of which the settlor was seized, but which was not comprised in the specified instrument, and was not recited or mentioned in the conveyance, did not pass.-Jenner v. Jenner, Law Rep. 1 Eq.

361.

4. A conveyance contained a reservation to the grantor of "all mines or seams of coal, and other mines, metals, or minerals," within and under the land granted. Held, that "minerals" included freestone, but that the grantor could get it only by underground mining, and not in an open quarry.-Bell v. Wilson, Law Rep. 1 Ch. 303.

5. A deed attested by one witness, though executed in the presence of two persons who are parties to and execute the deed, is not executed in the presence of two or more witnesses within the meaning of the statute of mortmain. -Wickham v. Marquis of Bath, Law Rep. 1 Eq.

17.

DEVISE,-See WILL

DIRECTORS.

See COMPANY.

DISCOVERY.-See PRODUCTION OF DOCUMENTS.
DISORDERLY HOUSE.

The master and mistress of a house resorted to for prostitution are guilty of keeping a disdisorderly house, though no disorderly conduct is perceptible from the exterior.-The Queen v. Rice, Law Rep. 1 C. C. 21.

DOMICIL

One having no permanent place of abode "dwells" within the meaning of 9 and 10 Vict. c. 95, § 128, giving jurisdiction to the superior courts, at the place at which he may be temporarily residing.-Alexander v. Jones, Law Rep. 1 Ex. 133.

See BANKRUPTCY, 2; WILL, 3. EJECTMENT-See WILL, 7.

EMBEZZLEMENT.

One who by the inhabitants of a parish in vestry has been nominated and elected, and who afterwards by the warrant of two justices is appointed assistant overseer, and performs the duties of an overseer, is well described in an indictment for embezzlement as the servant of the inhabitants of the parish.-The Queen v. Carpenter, Law Rep. 1 C. C. 29.

EQUITY PLEADING.

1. A bill filed by one of the next of kin against the administrator for administration of the estate, and also seeking, as against other defendants, to set aside a deed whereby the plaintiff had assigned a part of his interest in the estate for their benerit, is multifarious.— Bouck v. Bouck, Law Rep. 2 Eq. 19.

2. Demurrer will lie to a bill called a crossbill, if it is not really so.-Moss v. AngloEgyptian Navigation Co., Law Rep. 1 Ch. 108.

3. The rule, that a decree must be enrolled before it can be pleaded to in bar of a second bill for the same matter, is not applicable to a case where the bill is filed to impeach a decree on the ground of fraud.-Pearse v. Dobinson, Law Rep. 1 Eq. 241.

See EXECUTOR De son tort, 1; InterrogatoRIES, 4; PARTIES; RES ADJUDICATA.

EQUITY PRACTICE.

1. The clerk of records and writs may refuse to file an amended bill without reprint, if the amendments are numerous and complicated, though not exceeding two folios in any one place.-John v. Lloyd, Law Rep. 1 Ch. 64.

2. Leave to file a supplemental answer, to correct a mistake in the original answer, must be applied for by motion in court, and not by summons in chambers; and will not be granted, unless the court has materials so that it can judge for itself as to the existence of the alleged mistake.-Charton v. Trewen, Law Rep. 1 Eq.

238.

3. An order to sue in forma pauperis, obtained at any stage of the suit, is good through all later stages, including appeal. — Drennan v. Andrew, Law Rep. 1 Ch. 300.

4. Under a general order, which provides that no depositions taken in any other court shall be read unless by order, an order, of course, may be made to read proceedings in bankruptcy, including depositions.-Lake v. Peisley, Law Rep. 1 Eq. 173.

5. On an appeal from an order overruling a demurrer, and from the whole of the decree made at the hearing, the plaintiff is entitled to begin.-Blackett v. Bates, Law Rep. 1 Ch. 117. (To be Continued.)

GENERAL CORRESPONDENCE-SPRING CIRCUITS, 1867-APPOINTMENTS, &c.

GENERAL CORRESPONDENCE.

TO THE EDITORS OF THE LAW JOURNAL. GENTLEMEN,-Your opinion is asked for on the 8th and 9th sections of chapter 55 of the 29 & 30 Vic., "An act to impose a tax on dogs, and to provide for the better protection of sheep."

1st. If the owner of a flock of sheep comes to his barn yard or field on any morning, and finds a number of his sheep killed or injured, sees no dogs, and, after diligent search and inquiry, has been unable to discover the owner or keeper of the dog or dogs, if any, has the magistrate's jurisdiction a right to award damages to the owner of said sheep, on suspicion that his, the owner's sheep, were killed by dog or dogs.

Is the owner, who must be interested, a competent witness to swear into his own pocket from ten to one hundred dollars, and also to be his own valuator, to put whatever value he, the owner, placed on his own sheep; or must his damage or loss be sustained by disinterested evidence.

An answer to the above will set at rest a good deal of dissatisfaction which prevails at present in this township.

I may just add from information and claims to the municipal council, that there has been more damage done to sheep since the above act has been in force than there has been in years previous.

Yours,

AN OLD SUBSCRIBER.

Toronto Tp., Feb. 12, 1867.

APPOINTMENTS TO OFFICE.

COUNTY JUDGES.

JOHN BOYD, of Osgoode Hall, Esquire, Barrister-at-Law, formerly Junior Judge of the County Court of the United Counties of York and Peel, to be Junior Judge of the County Court in and for the County of York. (Gazetted January 5, 1867.)

NOTARIES PUBLIC.

JOSEPH BAWDEN, Esquire, Attorney-at-Law, to be a Notary Public in Upper Canada. (Gazetted 19th January, 1867)

EDWARD ALLEN, of Mono Centre, Esquire, to be a Notary Public in Upper Canada. (Gazetted 19th January, 1867.)

CORONERS.

JOHN BINGHAM, of Orono, Esquire, M.D, to be an Associate Coroner for the United Counties of Northumberland and Durham. (Gazetted 19th January, 1867.)

GEO. LLOYD MACKELCAN, of Stoney Creek, Esquire, M.D., to be an Associate Coroner for the United Counties of Northumberland and Durham. (Gazetted 19th January, 1867.)

WILLIAM MCGILL, of Oshawa, Esquire, M.D., to be an Associate Coroner for the County of Ontario. (Gazetted 19th January, 1867.)

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TRADES UNIONS AND CO-OPERATIVE ASSOCIATIONS.

DIARY FOR MARCH.

1. Friday St. David's School reports to be made. Supt. of Sep. Sch. to give notice to Clerk of Municip.

3. SUN... Quinquagesima. 4. Mon... Last day notice of trial for Co. Court. Recorder's Court sits.

5. Tues... Shrove Tuesday.

6. Wed... Ash Wednesday. Notice for Chancery rehearing term to be served.

10. SUN... 1st Sunday in Lent.

12 Tues... Quarter Sess, and Co. Court sittings in each Co. 14. Thurs. Error and Appeal sittings. Chancery rehearing term begins.

17. SUN... 2nd Sunday in Lent. St. Patrick's Day.

24. SUN... 3rd Sunday in Lent.

25. Mon... Lady Day.

27. Wed... Appeals from Chancery Chambers.

31. SUN... 4th Sunday in Lent.

NOTICE.

Subscribers in arrears are requested to make immediate payment of the sums due by them. The time for payment so as to secure the advantages of the lower rates is extended to the 1st April next, up to which time all payments for the current year will be received as cash payments.

THE

of workmen to raise their wages was illegal, (per Grose, J., in Rex v. Mawbey, 6 T. R. 619, 636,) and if followed by overt acts, was indictable (see People v. Fisher, 14 Wendell, 9; contra, The Commonwealth v. Hurst, 4 Metcalfe, 111). The Legislature of England, by various statutes, from the reign of Edward the First to that of George the Fourth, prohibited agreements either of masters or workmen, for the purpose either of raising or lowering wages, or of altering hours for labour, or otherwise affecting their mutual relations. These agreements were by some of the statutes enacted to be, and by others declared to be illegal, and the parties entering into them made subject to punishment. But by the English statute, 6 Geo. IV., cap. 129, an entire change of the law was made. By section two, all the statutes prohibiting such agreements are enumerated and absolutely repealed. By section three, prohibition is restricted to endeavours by force,

Upper Canada Law Journal. threats, or intimidation, molestation, or ob

MARCH, 1867.

TRADES UNIONS AND CO-OPERATIVE

ASSOCIATIONS.

The struggles between labour and capital have been of long duration. But inasmuch as capital is generally represented by the few who are powerful, and labour by the many who are without the power of wealth, co-operation, or combination on the part of the latter has has been found necessary. Fair play is the object to be attained; but man, in affairs of business, is essentially selfish. The employer wishes to have his work done for as little as possible, while the employed wants as much as possible for his labour. The opposite interests produce conflict, and when the conflict is long continued, distress and loss to the one party or the other, if not to the public, is the sure result.

The law has ever watched combinations of masters or workmen with a jealous eye. The interest of the public is the steady progress of commerce and manufactures. Whatever tends to interrupt this progress, attracts attention, and at times is visited with punishment. How far it is lawful to combine, and when unlawful, shall be the subject of our present enquiry. It was at one time supposed, both in England and the United States, that a combination

struction to affect wages or hours, and these are declared illegal and punishable. By sections four and five, it is declared that neither masters nor workmen shall be punishable for agreements in respect of wages or hours, unless they infringe the provisions of section three.

Judges in expounding this statute have used language denoting that, in their opinion, the agreements either of all masters or all workmen, either as to wages or hours, unless within section three of the Act, are legal (see Regina v. Harris, Car. & M. 661; Regina v. Selsby, note a to Rowlands' case, 2 Den. C. C. 384; Regina v. Rowlands, 17 Q. B. 671, 686; Hilton v. Eckersley, 6 El. & B. 47).

It therefore becomes of importance to know precisely the language of section three, and it is as follows:-" If any person shall, by violence to the person or property, or by threats or intimidation, or by molesting, or in any way obstructing another, force, or endeavour to force, any journeymen, manufacturer, workmen, or other person hired or employed in any manufacture, trade, or business, to depart from his hiring, employment, or work, or to return his work before the same shall be finished, or prevent, or endeavour to prevent, any journeyman, manufacturer, workman, or other person not being hired or employed, from hiring himself to or from accepting work or employment from any person or persons; or if any person shall use or employ violence to the person or

TRADES UNIONS AND CO-OPERATIVE ASSOCIATIONS.

property of another, or threat or intimidation, or shall molest or in any way obstruct another, for the purpose of forcing or inducing such person to belong to any club or association, or to contribute to any common fund, or to pay any fine or penalty, or on account of his not belonging to any particular club or association, or not having contributed or refused to contribute to any common fund, or to pay any fine or penalty, or on account of his not having complied or of his refusing to comply with any rules, orders, resolutions or regulations made to obtain an advance, or to reduce the rate of wages, or to lessen or alter the hours of working, or to decrease or alter the quantity of work, or to regulate the mode of carrying on any manufacture, trade or business, or the management thereof; or if any person shall, by violence to the person or property of another, or by threats or intimidation, or by molesting or in any way obstructing another, force or endeavour to force any manufacturer or person carrying on any trade or business, to make any alteration in his mode of regulating, managing, conducting or carrying on such manufacture, trade or business, or to limit the number of his apprentices, or the number or description of his journeymen, workmen or servants, every person so offending, or aiding, or abetting, or assisting therein, being convicted thereof, shall be imprisoned only, or shall and may be imprisoned and kept at hard labour for any time not exceeding three calendar months."

This section does not subject to punishment persons who meet together for the sole purpose of consulting upon and determining the rate of wages or prices which they shall require or demand for their work, or for the hours or time for which they shall work in any manufacture, trade or business, or who shall enter into any agreement, verbal or written, among themselves, for the purpose of fixing the rate of wages or prices which they shall require or demand for their work, or the hours of time for which they will work (s. 4).

Nor does the section subject to punishment any persons who may meet together for the sole purpose of consulting upon or determining the rate of wages or prices which they shall pay to their journeymen, workmen, or servants, for their work, or the hours or time of working in any manufacture, trade or business, or who shall enter into any agreement, verbal or written, among themselves, for the

purpose of fixing the rate of wages or prices which they shall pay to their journeymen, workmen or servants, for their work, or the hours or time of working (s. 5).

A threat, within the meaning of section three, must be an intimation made with the intention of forcing or unduly influencing the conduct of the person to whom it is addressed. It is now, however, too late to say that the word threat is limited to the declaration of an intention to do acts which have an intimate connection with personal violence. The cases that have been decided show that the word must have a wider sense, viz.: a threat, by act or words, for the purpose of doing some injury to another person. But it is essential that it should be made for the purpose of intimidating the person to whom it is addressed (see Walsby v. Anley, 30 L. J., M. C. 121; O'Neill v. Longman, 4 B. & S. 376; Hilton v. Eckersley, 24 L. J., Q. B. 353; Wood et al. v. Bowron, 2 L. R., Q. B. 21, S. C., 10 Cox, C. C. 344; Hornby v. Close, 2 L. R., Q. B. 153).

No doubt it was supposed by the Legislature, when passing this Act, that if workmen on the one hand refused to work, or masters on the other refused to employ, such a state of things would not long continue, and that the party whose pretensions were not founded on reason and justice would ultimately give way-the masters, if they offered too little, or the workmen, if they demanded too much. But the frequent disagreements in England between employers and workmen have been found to cause so much private suffering and public loss, that the Queen in her recent speech, when opening the present session of the Imperial Legislature, drew attention thereto, and announced her intention of issuing a commission to enquire into and report upon the organization of Trades Unions and other Societies, whether of workmen or employers, with power to suggest any improvements of the laws that may be found

necessary,

The result will be looked for with great interest. The attempt to prevent collisions between capital and labour, and yet preserve to each its peculiar rights, is, though simple in theory, most difficult in practice. It is the right of the capitalist to have labour at a fair compensation, and it is the right of the labourer to have a fair compensation for his personal strength, energy and skill. But as each views the amount of "fair compensation" from his

RULES OF COURT-JUDGMENTS, HILARY TERM, 1867.

own stand point, it is no wonder that they often disagree. Complete legislation on such a subject is impossible, and yet some legislation is necessary, and so far as England is concerned, further legislation is imperatively demanded.

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1. In "Easter" and "Michaelmas" Terms, the first Friday, the second Monday, the second Wednesday, and the third Monday, will be "Paper Days" in the Court of Queen's Bench; and the first Saturday, the second Tuesday, the second Thursday, and the third Tuesday, in the Court of Common Pleas.

2. County Court appeals must be set down for argument for the first or second Paper Days of each Term, such day being the first Paper day next after the date of the Appeal Bond, unless leave be granted by the Court, upon special affidavit, to set it down for a subsequent Paper Day: and the Court will hear County Court appeals on the first and second Paper Days of each Term in preference to the other cases set down upon the Paper.

3. On the last Tuesday and Friday in "Easter" and "Michaelmas " Terms, the Court of Queen's Bench; and on the last Monday and Wednesday, in the said Terms, the Court of Common Pleas, will take the New Trial Paper, and proceed therewith, in like manner as on the other days appointed by Rule of Court for that purpose.

Dated 12th February, A. D. 1867.
(Signed) WM. H. Draper, C. J.

WM. B. RICHARDS, C. J., C. P.
JOHN H. HAGARTY. J., Q. B.
Jos. C. MORRISON, J., Q. B.
ADAM WILSON, J,, C. P.
JNO. WILSON, J., C. P.

JUDGMENTS-HILARY TERM, 1867.

COURT OF ERROR AND APPEAL.

Present - DRAPER, C. J.; The CHANCELLOR ; RICHARDS, C. J. C. P.; HAGARTY, J.; A. WILSON, J.; J. WILSON, J.; MOWAT, V. C. Thursday, March 14, 1867 Grant v. Brown.-Appeal from Court of Chancery allowed and bill dismissed.

McKenzie v. Yielding.-Appeal from Court of Chancery dismissed with costs.

Hunt v. Spence. -Appeal from Court of Chancery dismissed with costs.

Chancery dismissed with costs.
Flower v. Duncan. - Appeal from Court of

Clissold v. Machel-Appeal from Court of Queen's Bench dismissed with costs.

Friday, March 15, 1867.

Commercial Bank v. Wilson.-Case remitted back to Court of Chancery, with a declaration that judgment at law is totally void.

Dickson v. McFarlane.-Appeal from Court of Chancery, dismissed with costs, Hagarty, J., dissenting.

Commercial Bank v. Colton-Appeal from Court of Common Pleas, dismissed with costs.. Draper, C. J., Van Koughnet, C., and Mowat, V. C., dissenting.

Pettigrew v. Doyle -Appeal from Court of Common Pleas, dismissed with costs, Draper, C.J. Van Koughnet, C., and Hagarty, J., dissenting..

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Gore Bank v. Crooks.-Rule absolute to enter nonsuit, and plaintiff's rule discharged. Irwin v. Donnelly.-Rule nisi discharged. Parsons v. Pharibee.--Rule absolute for new trial on payment of costs.

The Queen v. Gemmell.-Conviction quashed. Davidson v. McKay.-Rule nisi discharged. Foster et al. v. Glass.-Rule nisi discharged. Leave to appeal granted subsequently.

Mitchell v. Barry.-Rule absolute for new trial. Costs to abide the event.

Jackson v. Kassell.-Held, that an affidavit of affiliation to the effect that defendant was the father of her child, and not saying " really the father," as required by the statute Con. Stat. U. C. cap. 77, is bad. Rule absolute to enter a nonsuit.

Walmsley v. Walmsley.-Judgment for tenant on both demurrers.

The Queen v. Connolly.-Held, that an attempt to have connection with a lunatic, with her consent, is no offence; and Per Cur., conviction quashed.

Seragy v. The Corporation of the City of London. Held, that the beneficial occupant of city property is subject to taxes, though the property itself is exempt from taxation. Held also, that the decision of the Court of Revision, or a County Judge, on the complaint of a person complaining of being improperly placed on the assessment

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