« PreviousContinue »
Digest of English Reports.
of both the real and personal estate there. Held, that the prosecution of these proceedings would be restrained, it not appearing that they could be carried on against the real estate alone.--Ilope v. Carnegie, Law Re 1 Ch. 320.
See BillS AND NOTES, 5; MARRIAGE, 1. CoxsIDERATION.
See Deep, 1; RELEASE; TENANT FOR LIFE AND
REMAINDER Max, 3. CONTEMPT.--Sce NUISANCE, 3. CONTRACT.
1. A. proposed to B. & C., home agents of A.'s foreign consignees, that they should make advances to him against the consignments, and that “the proceeds of sales above the advances” should go in payment of an old debt of B. & C. against A. B. & C. agreed to this by a letter, which,-after saying that there were two ways of making advances, one for A. to draw on B. & C., and take and negotiate their acceptances; the other, for B. & C. to advance cash to A., and draw on him for the amounts, A. to accept, and B. & C. to negotiate--concluded, “and we shall retire that acceptance from proceeds of the sales.” A. directed his consignees to remit to B. & C.; and B. & C. drew on A., negotiated his acceptances, and remitted the proceeds to him. Afterwards, B. & C. directed the consignees to remit, not to themselves, but to C. & D., bankers (C. being a partner in both firms,) as a security for advances by C. & D. to B. &C. B. & C. became bankrupt. Held, that C. & D. had notice of the arrangement between A. & B. & C.; and the remittances in the hands of C. & D. were appropriated in equity. first to the payment of A.'s acceptances, and then to the discharge of the old debt.--Steele v. Stuart, Law Rep. 2 Eq. 84.
2. One who would otherwise be entitled to set aside a contract for fraud, cannot do so, if, after discovering the fraud, he has acted in a manner inconsistent with the repudiation of the contract.-- Ex parte Briggs, Law Rep. 1 Eq. 483.
3. A contract between the W. Railway Company and other parties provided, that any difference should be referred to T., “if and so long as he should continue the company's principal engineer.” The W. Company afterwards became amalgamated with the N. B. Company, under a statute which provided that all contracts should be proceeded with; the N. B. Company being in all respects in such matters substituted for the W. Company. Held, that T., who continued engineer of the W. portion of the railway, but was not principal engineer of the amalgamated railway company, was still
the proper referee.--In re Wansbeck Railway Co., Law Rep. 1 C. P. 269.
4. One who makes a contract for sale or hire, with the knowledge that the other party intends to apply the subject matter of the contract to an immoral purpose, cannot recover on the contract: it is not necessary that he should expect to be paid out of the proceeds of the immoral act. -- Pearce v. Brooks, Law Rep. 1 Ex. 213.
5. On a bill by a bankrupt, who had compounded for eight shillings in the pound, and whose bankruptcy had been annulled, a secret bargain by him to pay one creditor in full, in consideration of his becoming surety for payment of the composition, was set aside with costs.-- Wood v. Barker, Law Rep. 1 Eq. 139. See BILL OF LADING, 2; CARRIER 6, 9; Cove
NANT ; Frauds, STATUTE OF; LEASE, 2; SPE-
The certificate of a previous conviction is sufficient, by virtue of 8 & 9 Vict. c. 113, $1, if signed by an officer who purports to have custody of the records, though he is therein described as deputy clerk of the peace of a borough. And the certificate need not aver, that the quarter sessions at which the conviction took place were held by the recorder.-- .
The Queen v. Parsons, Law Rep. 1 C. C. 24. COPYRIGIT.
1. The compiler of a directory, containing information derived from sources common to all, cannot spare himself the labor and expense of original inquiry by adopting the information contained in previous works on the same subject. He must work out the information independently for himself, and can only legitimately use the previous works for the purpose of veri. fication.-Kelly v. Morris, Law Rep. 1 Eq. 697.
2. An alien may acquire a copyright, under 5 & 6 Vict. c. 45, in his book published in England while he is residing temporarily in a British colony, although not entitled to a copyright by the laws of that colony's legislature. -Low v. Routledge, Law Rep. 1 Ch. 42.
3. The plaintiff registered under the copyright of Designs Act a piece of cloth having woven on it a chain-work ground, with shaded and bordered six pointed stars arranged in a quincunx. Held, that this was sufficient registration of the entire pattern, as the “ design;" but that the whole combination only, and not single parts, though new, were protected.
McCrea v. Ho'dsworth, Law Rep. 1 Q. B. 264. CORPORATION.-See COMPANY.
DIGEST OF ENGLISH REPORTS.
CRIMINAL Law. 1. Under a private act providing that com- See AIDING TO ESCAPE ; BIGAMY; CONVICTION ; missioners for settling claims might certify DISORDERLY HOUSE; EmbeZZLEMENT; costs, and that, in case of difference, costs PRETENCES; INDICTMENT; JURY, 1; Mali. should be taxed by a master of a superior court cious MISCHIEF; MASTER AND SERVANT, 3 ; of law, according to the rules, and on payment RAPE; Receiving STOLEN Goods; Turest. of the fees observed and paid in actions at law, ENING TO ACCUSE; WITNESS, 3. held that the masters taxed as persona designatæ, | DAMAGES. not as officers of the court, and the court can
1. In an action for breach of promise, if the not review their taxation. In re Sheffield Water
plaintiff has been seduced by the defendant, it works Act, Law Rep. Ex. 154.
is no misdirection to tell the jury, that, in esti2. The legal representative of a plaintiff in
mating damages, they may consider the altered error (the plaintiff below), coming in after the
social position of the plaintiff in relation to her commencement of proceedings in error, is not
home and family through the defendants' conunder the Common Law Procedure Act, 1852,
duct.—Berry v. Da Costa, Law Rep. 1 C. P. on affirmance of the judgment, liable for the 331. defendant's costs below.–Parker v. Tootal, Law
2. A child of seven years, by his next friend, Rep. 1 Ex. 41, 115.
brought an action, and recovered damages for See APPEAL, 1; Equity PRACTICE, 7; Execu- injuries from the defendant's horse. Nine days
TOR, 3; LEGATEE, 2, 3; PRODUCTION OF after the trial, the child died, and judgment
though the damages were presumably given on
the supposition that the child would live, yet COVENANT.
the court would not grant a new trial; and that 1. A covenant against building, entered into
the child's death between verdict and signing by a purchaser of land with the vendor (the
judgment was no ground for staying the proowner of adjoining lands), his heirs and assigns,
ceedings.—17 Car. II. c. 8, § 1; and 15 & 16 for the benefit of said adjoining lands, runs Vict. c. 76, Kramer v. Waymark, Law Rep. with the land, and may be enforced by a sub- 1 Ex. 241. sequent purchaser of part of such adjoining
See Carrier, 7, 8; PATENT, 2 ; Trade Mark, 2. lands who would sustain substantial injury by
DECLARATION OF TITLE, its breach, though he has acquiesced in breaches which did not cause substantial injury, and
On a bill praying a declaration that a legal though all persons entitled to the benefit of the estate did not pass by a deed, the court refused covenant do not join in the suit. — Western v.
to declare the legal right; but decreed that Macdermot, Law Rep. 1 Eq. 499.
"the court, being of opinion that the estate did
not pass, dismiss the bill."-Jenner v. Jenner, 2. Defendant A. was the purchaser of pre
Law Rep. 1 Eq. 361. mises, part of an estate formerly belonging to
DEDICATION. See HighwAY. the plaintiffs, of which all the purchasers of such parts as were sold bad covenanted not to
DEED. use the premises so purchased as a beer-shop. 1. Though a nominal consideration is exA. on the 11th of February, without the plain. pressed in a deed, the real consideration, if not tiffs' consent, but without their interference, inconsistent with the deed, may be proved opened a beer-shop on the back of his premises, aliunde. — Leifchild's Case, Law Rep. 1 Eq. which he leased in June to the co-defendant B., 231. who with his consent, but without that of the
2. An old man granted real estate, including plaintifts, carried on the same business. On
his dwelling-house, by deed, to trustees for. & the 8th of July, the plaintiffs notified B. to charity, subject to a lease made by him shortly desist. A purchaser of another house on the before to his sister at a pepper-corn rent for same estate had also, without consent, but with
twenty years, determinable on the death of out interference from the plaintiffs, opened a himself and of his sister, with whom he contibeer-shop at the back of his premises. Held, nued to reside on the premises, and who was that there had not been such acquiescence and acting in concert with him. Held, that the waiver by the plaintiffs as to preclude them from grant was void under the statute of mortmain. enforcing the covecant. - Mitchell v. Steward,
as not conveying bond fide all the grantor's Law Rep. 1 Eq. 541.
interest. --- Wickham v.
Marquis of Bath, Law See LEASE, 4, 5; PARTIES, 2.
Rep. 1 Eq. 17.
DIGEST OF ENGLISH REPORTS.
3. A marriage settlement recited, that, by EMBEZZLEMENT. virtue of certain specified instruments, certain One who by the inhabitants of a parish in specified hereditaments, “and all other the free vestry has been nominated and elected, and hold hereditaments in the county of Y., there- who afterwards by the warrant of two justices inafter expressed to be appointed and released," is appointed assistant overseer, and performs were limited as the settlor should appoint; and the duties of an overseer, is well described in that it was agreed that the several heredita- an indictment for embezzlement as the servant ments and estates in the county of Y., “there- of the inhabitants of the parish.—The Queen v. inafter mentioned and intended to be thereby Carpenter, Law Rep. 1 C. C. 29. conveyed,” should be assured to the uses there
EQUITY PLEADING. inafter mentioned. The deed then contained an
1. A bill filed by one of the next of kin appointment and conveyance of the specified
against the administrator for administration of hereditaments mentioned in the recital and of
the estate, and also seeking, as against other all other the freehold hereditaments, if any, in
defendants, to set aside a deed whereby the the county of Y., of or to which the grantor was
plaintiff had assigned a part of his interest in seized or entitled for an estate of inheritance."
the estate for their benerit, is multifarious.Held, that fee simple estate in Y., of which
Bouck v. Bouck, Law Rep. 2 Eq. 19. the settlor was seized, but which was not com
2. Demurrer will lie to a bill called a crossprised in the specified instrument, and was
bill, if it is not really 80.
.-Moss y. Anglopot recited or mentioned in the conveyance, did
Egyptian Navigation Co., Law Rep. 1 Ch. 108. not pass.—Jenner v. Jenner, Law Rep. 1 Eq.
3. The rule, that a decree must be enrolled 361.
before it can be pleaded to in bar of a second 4. A conveyance contained a reservation to
bill for the same matter, is not applicable to a the grantor of “ all mines or seams of coal, and
case where the bill is filed to impeach a decree other mines, metals, or minerals," within and under the land granted. Held, that “minerals"
on the ground of fraud.-Pearse v. Dobinson, included freestone, but that the grantor could
Law Rep. 1 Eq. 241.
INTERROGATOget it only by underground mining, and not in
RIES, 4; PARTIES; RES ADJUDICATA. an open quarry.--Bell v. Wilson, Law Rep. 1 Ch. 303.
EQUITY PRACTICE. 5. A deed attested by one witness, though
1. The clerk of records and writs may refuse executed in the presence of two persons who
to file an amended bill without reprint, if the
amendments are numerous and complicated, are parties to and execute the deed, is not executed in the presence of two or more witnesses
though not exceeding two folios in any one within the meaning of the statute of mortmain.
place.—John v. Lloyd, Law Rep. 1 Ch. 64. - Wickham v. Marquis of Bath, Law Rep. 1 Eq.
2. Leave to file a supplemental answer, to 17.
correct a mistake in the original answer, must DEVISE,- See WILL,
be applied for by motion in court, and not by
summons in chambers; and will not be granted, DIRECTORS.
unless the court has materials so that it can See COMPANY.
judge for itself as to the existence of the alleged DISCOVERY,- See PRODUCTION OF DOCUMENTS.
mistake.— Charlon v. Trewen, Law Rep. 1 Eq. DISORDERLY HOUSE.
238. The master and mistress of a house resorted
3. An order to sue in forma pauperis, obtained to for prostitution are guilty of keeping a dis
at any stage of the suit, is good through all disorderly house, though no disorderly conduct
later stages, including appeal.
Drennan v. is perceptible from the exterior.- The Queen v.
Andrew, Law Rep. 1 Ch. 300. Rice, Law Rep. 1 C. C. 21.
4. Under a general order, which provides
that no depositions taken in any other court DOMICIL
shall be read unless by order, an order, of One having no permanent place of abode "dwells” within the meaning of 9 and 10 Vict.
course, may be made to read proceedings in
bankruptcy, including depositions. - Lake v. c. 95, § 128, giving jurisdiction to the superior
Peisley, Law Rep. 1 Eq. 173. courts, at the place at which he may be tempo
6. On an appeal from an order overruling a rarily residing.-Alexander V. Jones, Law Rep.
demurrer, and from the whole of the decree 1 Ex, 133.
made at the hearing, the plaintiff is entitled to See BANKRUPTCY, 2; WILL, 3.
begin.-Blackett v. Bates, Law Rep. 1 Ch. 117. EJECTMENT-See WiLL, 7.
(To be Continued.)
GENERAL CORRESPONDENCE-SPRING CIRCUITS, 1867—APPOINTMENTS, &c.
SPRING CIRCUITS, 1867.
TO THE EDITORS OF THE LAW JOURNAL.
EASTERN CIRCUIT, GENTLEMEN,—Your opinion is asked for on
The Hon. Mr. Justice A. Wilson. the 8th and 9th sections of ch er 55 of the
Monday Mar. 18. 29 & 30 Vic., “An act to impose a tax on Brockville
Tuesday...... April 2
. dogs, and to provide for the better protection Perth ......
Tuesday...... April 9. of sheep."
Tuesday...... April 23. 1st. If the owner of a flock of sheep comes Ottawa
Wednesday... May 1. to his barn yard or field on any morning, and L'Orignal
May 9. finds a number of his sheep killed or injured, Pembroke
May 14. sees no dogs, and, after diligent search and
MIDLAND CIRCUIT. inquiry, has been unable to discover the
The Hon. Mr. Justice J. Wilson. owner or keeper of the dog or dogs, if any,
Monday Mar. 18. has the magistrate's jurisdiction a right to
Monday Mar. 25. award damages to the owner of said sheep,
April 2. on suspicion that his, the owner's sheep, were
Tuesday...... April 9. killed by dog or dogs.
Tuesday...... April 16. Is the owner, who must be interested, a
April 22. competent witness to swear into his own pocket Picton.
Wednesday... May 1. from ten to one hundred dollars, and also to be his own valuator, to put whatever value
NIAGARA CIRCUIT. he, the owner, placed on his own sheep; or
The Hon. Mr. Justice Hagarty. must his damage or loss be sustained by dis- Hainilton
Monday Mar. 18. interested evidence.
April 1. An answer to the above will set at rest a Barrie
April 8. good deal of dissatisfaction which prevails at
April 15. present in this township.
April 30. I may just add from information and claims Owen Sound...
May 13. to the municipal council, that there has been
OXFORD Circuit. more damage done to sheep since the above
The Hon. Ur. Justice Morrison.
Monday Mar. 18.
Mar. 25. Toronto Tp., Feb. 12, 1867.
April 1. Cayuga
April 8 Stratford
April 15. APPOINTMENTS TO OFFICE.
April 22. Simcoe
April 29. COUNTY JUDGES. JOHN BOYD, of Osgoode Hall, Esquire, Barrister-at-Law,
WESTERN CIRCUIT. formerly Junior Judge of the Couniy Court of the United Counties of York and Peel, to be Junior Judge of the County The Hon. The Chief Justice of Upper Canada. Court in and for the County of York. (Gazetted January 5, 1867.)
Tuesday... Mar. 19. NOTARIES PUBLIC.
Thursday ..... Mar. 21. JOSEPH BAWDEN, Esquire, Attorney-at-LAW, to be a Notary Public in Upper Canada. (Gazetied 19th January,
Thursday..... Mar. 28. 1867.)
Wednesday.. April 3. EDWARD ALLEN, of Mono Centre, Esquire, to be a Notary Public in Upper Canada. (Gazetted 19th January,
April 30. 1867.)
Tuesday...... May 7. CORONERS.
Sarnia JOHN BINGHAM, of Orono, Esquire, M.D., to be an Asso.
May 13 ciate Coroner for the United Counties of Northumberland and Durham. (Gazetted 19th January, 1867.)
The Hon. the Chief Justice of the Common Pleas. Northumberland and Durham. (Gazetted 19th January, 1867.)
Brampton... ..... Monday Mer. 18. WILLIAM MCGILL, of Oshawa, Esquire, M.D., to be an City of Toronto Monday Mar. 25. Associate Coroner for the County of Ontario. (Gazetted 19th January, 1867.)
County of York Monday
TRADES UNIONS AND CO-OPERATIVE AssociatIONS.
Upper Canada Law Journal.
DIARY FOR MARCH.
of workmen to raise their wages was illegal, (per
Grose, J., in Rex v. Mawbey, 6 T. R. 619, 1. Friday Si, David's School reports to be made. Supt. of
636,) and if followed by overt acts, was indictSep. Sch. to give potice to Clerk of Municip. 3. SUN... Quinquagesima.
able (see People v. Fisher, 14 Wendell, 9; 4. Mon... Last day notice of trial for Co. Court. Recorder's
contra, The Commonwealth v. Hurst, 4 Met5. Tuer... Shrove Tuesday. 6. Wed... Ash Wednesday. Notice for Chancery rehearing
calfe, 111). The Legislature of England, by term to be served.
various statutes, from the reign of Edward the 10. SUN... 1st Sunday in Lent. 12 Tues... Quarter Sess. and Co. Court sittings in each Co. First to that of George the Fourth, prohibited 14. Thurs. Error and Appeal sittings. Chancery rebearing term begins.
agreements either of masters or workmen, for 17. SUN... 2nd Sunday in Lmnt. St. Patrick's Day. 24. SUN... 3rd Sunday in Lent.
the purpose either of raising or lowering wages, , 25. Mon... Lady Day.
or of altering hours for labour, or otherwise 27. Wed... Appeals from Chancery Chambers. 31. SUN... 4th Sunday in Lent.
affecting their mutual relations. These agree
ments were by some of the statutes enacted NOTICE.
to be, and by others declared to be illegal, and Subscribers in arrears are requested to make immediate the parties entering into them made subject to payment of the sums due by them. The time for payment so
punishment. But by the English statute, 6 as to secure the advantages of the lower rates is extended to the let April next, up to which time out payments for the cur
Geo. IV., cap. 129, an entire change of the law rent year will be received as cash payments.
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, threats, or intimidation, molestation, or obstruction to affect wages cr hours, and these
are declared illegal and punishable. By secMARCH, 1867.
tions four and five, it is declared that neither
masters nor workmen shall be punishable for TRADES UNIONS AND CO-OPERATIVE agreements in respect of wages or hours, unless ASSOCIATIONS.
they infringe the provisions of section three. The strugg'es between labour and capital Judges in expounding this statute have used have been of long duration. But inasmuch as language denoting that, in their opinion, the capital is generally represented by the few who agreements either of all masters or all workare powerful, and labour by the many who men, either as to wages or hours, unless within are without the power of wealth, co-operation, section three of the Act, are legal (see Regina or combination on the part of the latter has v. Harris, Car. & M. 661; Regina v. Selsby, has been found necessary. Fair play is the note a to Rowlands' case, 2 Den. C. C. 384 ; object to be attained; but man, in affairs of Regina v. Rowlands, 17 Q. B. 671, 686 ; business, is essentially selfish. The employer Hilton v. Eckersley, 6 El. & B. 47). wishes to have his work done for as little as It therefore becomes of importance to know possible, while the employed wants as much precisely the language of section three, and it as possible for his labour. The opposite inte- is as follows:-“If any person shall, by viorests produce conflict, and when the conflict lence to the person or property, or by threats is long continued, distress and loss to the one or intimidation, or by molesting, or in any way party or the other, if not to the public, is the obstructing another, force, or endeavour to sure result.
force, any journeymen, manufacturer, workThe law has ever watched combinations of men, or other person hired or employed in any masters or workmen with a jealous eye. The manufacture, trade, or business, to depart from interest of the public is the steady progress of his hiring, employment, or work, or to return commerce and manufactures. Whatever tends his work before the same shall be finished, or to interrupt this progress, attracts attention, prevent, or endeavour to prevent, any journey. and at times is visited with punishment. How man, manufacturer, workman, or other person far it is lawful to combine, and when unlawful, not being hired or employed, from hiring himshall be the subject of our present enquiry. self to or from accepting work or employment
It was at one time supposed, both in Eng. from any person or persons; or if any person land and the United States, that a combination shall use or employ violence to the person or