Imatges de pàgina
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ABANDONMENT.- Is the act of giving and not less than two years,—or to be up or deserting; but specially in law, imprisoned in any other gaol or place abandonment 18 the notice given to the of continement for any term less than insurer by the assured in cases of ma- two years, with or without hard labour; rine insurance, where there is a con- and who oever is convicted of any structive total loss, that the latter aban. offence against this section shall be in. dons to the former all interest in the capable of taking any estate or interest, thing insured. C. C. 2538, 2543. It is legal or equitable, in any real or per. also applied to the discontinuance or sonal property of such woman, or in withdrawal of a suit in a jury trial. which she has any such interest, or C. C. P. 395; and to the cession made which shall come to her as such heiress, by a debtor arrested on capias. C. C. P. co-heiress or next of kin as aforesaid; 363. Any person having a common right and if any such marriage as aforesaid in a wall may abandon bis share in it shall have taken place, such property and renounce to its use, and thus avoid shall, upon such conviction, be settled contributing to its repair C. C. 513 o. in such manner as the Court of ChanACTION—CAPIAS—INSURANCE (Marinescery in Ontario, the Supreme Court in JUDGMENT.

Nova Scotia or New Brunswick, or the

Superior Court in Quebec, shall apABDUCTION.— Is applied to the un point, upon any information at the suit lawful taking away of a woman or girl of the Attorney General for the Provhy force or fraud. Special statutes de ince in which the property is situated. fine and fix punishments for these 32-33 Vic. ch. 20, s. 54. offences.

" Whosoever by force takes away or 11 Where any woman of any age has any interest, whether legal or equit- any age, with intent 10 marry or carn

detains against her will any woman, of able, present or future, absolute, con

a ly know her, or to cause her to be ditional or contingent in any real or

married or carnally known by any other personal estate, or is a presumptive heiress or co-heiress or presumptive person, is guilty of felony, and shall be

liable to be imprisoned in the penitentnext of kin, or one of the presumptive next of kin to any one having such in iary for any terin not exceeding fourteen terest, whosoever fiom motives of lucie, to be imprisoned in any other gaol or

years

and not less than two year3,-or takes away or detains such woman against her will with intent to marry than two years, with or without hard

place of continement for any term less or carnally know her, or to cause her

labour." id. s. 55 to be married or carnally known by any other person; and whosoever fraudu. lently allures, takes away or del ains 46 Whosoever unlawfully takes or cau. such woman, being under the age of ses to be taken any unmarried girl twenty-one years, out of the possession being under the age of sixteen years, and against the will of her father and out of the possession and against the mother, or of any other person having will of her father or mother or of any the lawful care or charge of her, with other person having the lawful care or intent to marry or carnally know her charge of her, is guilty of a misdemeaor to cause her to be married or carn. nor, and shall be liable to be imprisonally known by any other person is ed in any gaol or place of confinement, guilty of felony, and shall be liable to other than a penitentiary, for any term be imprisoned in the penitentiary for less than two years, with or without any term not exceeding fourteen years hard labour." id. s. 56.

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ABSENTEE.--An absentee, within the the bon was, nor to whom, nor where it meaning of title fourth, bk. 1, C. C., is is payable, nor without pioof that the one who having had a domicile in bon is in existence and that it was the Lower Canada has disappeared, without property of the defendant at the time any one having received intelligence of the institution of the action. Poirier of bis existence. C. C. 86.

& Lareau, judgment reversing 21 Dec.,

1876. Sir A. A. Dorion, C. J., Monk, But persons who never had a domi- Ramsay, Sanborn and Tessier, JJ. cile are sometimes subjected to the Box- Prom. Note-JURISDICTION-Sexsame liability as absentees. So, if the | VICE BY ADVERTISEMENT_SUMMONS. defendant has left his domicile in Lower Canada, or has never had such domi. ACCEPTANCE.-Is the signification cile, but has property there, upon a re in the form required by law of one's -turn stating that he cannot be found in willingness to be bound contractually. the district, may be ordered to appear v. COMMUNITY BILL OF EXCHANGE within two months. C. C. P. 68.

GIFT--LEGACY--SALB ---SOCCESSION (Uni

der Benefit of Inventory)—TRANSFER. Without prejudice to the foregoing mode of summons, a defendant who has The acceptance of an indication of not and who never had any domicile in payment by a person, not authorizedl, the Province of Quebec, but who re does not make it a perfect delegation, sides in the Dominion of Canada, so as to prevent the vendor from aromay be served with summons at cepting payment froin the purchaser. his domicile, leave being granted by Gerin-Lajoie & Desaulniers. Q: Judy. the judge or proper officer, on affidavit, ment confirining, 7 Dec. 1981. Sir A. À. (1) if he has property in the Province Dorion C. J., Ramsay, Tessier, Cross, of Quebec, or (2) when the cause of Baby, JJ. 2 Dec. d’A. 241. action arose there.

ACCESSION.-The right of the owner But an action for the liquidation of a to all his property produces, and to all partnership begun in Jersey, whose that is joined to it as an acce:sory, is chief place of business was there, can called the right of accession. C. C. Art. not be instituted in this Province, by a 408. 0. ACCESSORY. person having no domicile and who never had any domicile here, but was ACCESSORY.-The accessory in civil domiciled and resident in Jersey against law is what accompanies the princip: co-partners who likewise have not and thing, what joins itself to it or unite, never had any domicile here, the cause itself with it. Merlin vo. accessoire. of action (the alleged dissolution of And so as to property all that it propartnership)not having arisen here, and duces, or is joineu to it, to form part The parties not having been personally of it, C. C. art. 408. And so in sale all that served here, although the said partner is designed for the perpetual use of ship had carried on business in this the principal must be delivered. C.1'. Province and was possessed of property art. 1499. Securities, privileges and hyhere. Gosset & Robin Q. Judgment con- pothecs are accessories of a debt. C. U. firming 18 June, 1876. Sir A. A. Do ion, art. 1574. In criminal law," an accessC. J., Monk, Ramsay, Sanborn and Tes- ory is he who is not the chief actor in sier, JJ., Monk and Ramsay, JJ., dis. the offence, nor pre-ent at its perforpıRep. 2 Q. L. R. 91.

ance, but is someway concerned therein,

either before or after the fact com One, who never had any domicile in mitted.” 4 Blackstone, 35. Lower Canada, cannot be ca'led in by adverti-ement, under art. 68 C. C. P., The accessory passes with the thing because it is alleged that he is the sold; but what is an accessory, is die owner of a bon, if the bon be not pro matter of fact, and it is not sufficient to duced, and if it does not appear by the show that a thing was used along with pleading and proof what the nature of another thing to establish that the one

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was the accessory of the other. Bell & ACCOUNT.-Is the statement furnishGardener et al. Judgment confirming, ed by one who ha-,or has had, the admi14 June, 1878, Sir A. A. Dorion, C. J., nistration of the property of another, Ramsay, Tessier, Cro:s, JJ., Monk, J., or in which another has an interest, or

on whon such administration devolves

by law, and who, in the language of the Article 435 C. C., does not declare civil law, is called comptable." Every that the property of material belonging tutor is accountable for his administra to another is transferred to the work. tion when it has terminated.” C. C. art man when the added workınanship is 308. And in certain cases before it has so important that it greatly exceeds terminate I, C. C. art. 309. “ Upon the the value of the material employedl. dissolution of the partnership,each part The workman has only the faculty of ner or his legal representative may deretaining the thing on paying the owner mand of his co-partners an account and the price of the material

, and thus be partition of the property of the partcoming the owner. Beard & Milliken. nership;" &c. C. C. art. 1898. o. ComJudgment confirming, 31 Oct. 1883. MUNITY- BeneFICIARY HEIR. Sir A. A. Dorion, C. J., Monk, Ram-ay, Cross, Baby, JJ., Rep. 6 Leg. News, Where an account has been rendered 381. (1)

and accepted, the Tutor cannot be

called upon to render another account And so where settlers, in good faith, without asking to have the first account cut timber included in the timber set aside. Desgroseilliers & Riendeau reserve of another, made it into logs et vir., M. Judgment reversing, 22 June and drew it to the jetée for trans- 1873. Dorion, C. J., Monk, Ramsay, Sanportation, and the logs were seized by born, Tessier, JJ. the owner of the reserve, and the value of the standing timber was about $310, An action to account will be dismissed and the va'ue of the logs, including the on demurrer if it appear by the allega cost of transport to the jetée, was four tions of the declaration that the Defentimes as great, the seizure will be dant has accounted, and that there has maintained and the party who made been a settlement, if there be no conthe logs will be ordered to deliver clusions to set the settlement aside. them up unless he pays $310, the value Chevalier & Cuvillier et al, M. Judg. of the standing timber. (arts. 434-5 ment confirming, 21 June 1879. Sir A. C. C.) Reynor et al. & Thompson, Q. A. Dorion, C. J., Monk, Ramsay, TesJudgment confirming as regards the sier, Cross, JJ., Rep: 2 Leg. News 239. seizure, but reforming as regards the Where an administrator has renamount, the S. C. having made appel- dered an account to his ward, and paid lants liable for the va ne of the loss, over the balance apparently due to her, instead of the value of the standing which account and balance have been timber, 7 Dec., 1882. Sir A. A. Dorion,C.J.. accepted by her, she cannot sue for a Ramsay, Tessier Cross, Baby, JJ. (2) new account without conclusions to set Rep. 3 Dec. d' 4. 75, 5 Legal News 421, aside the foriner account. Pierce & 12 Rev. Leg. 150.

Butters. M. Judgment reversing, 17 Dec.

(1) Note. Article 434, C. C. says, was in the particular case ; and at all events, the the owner," and art. 435, C. C. says, the carriage of an article from a place where it workmanship is then considered as “ the prine has little or no commercial value to a place cipal part.”. The chief justire treated these as where it must alınost necessarily be brought, rices de rédaction which the doctrine must and on whi. h its main value depends, seem to correct.

stand on the same footing as the workman.

ship. However, the articles do not say so, (2) Note. This Court appears to have made and it would be easy to suggest extreme cases do distinction between the cost of transport where it would be difficult to maintain the and workmanship. Possibly it did not siguity doctrine extended.

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