Que pour les causes susdites, le demandeur est bien fondé à demander la répétition de la dite somme de $1.50 etc. etc. Le défendeur ne plaida pas à cette action, et la cour, après examen des témoins et audition au mérite, accorda au demandeur les conclusions de sa déclaration. Action maintenue. J. G. D'Amour, proc. du demandeur. (J. G. D.) COUR DE CIRCUIT. dit, en d'autres termes l'homme de peine, qui pût invoquer le bénéfice du statut. Les hommes de profession, les artistes, les artisans ou hommes de métier, bien que payés à la journée, à la semaine ou au mois, comme la chose peut arriver quelquefois, ne seraient pas pour cela des journaliers, ni d'après la signification de ce mot, ni dans le sens que la loi y attache, et ne pourraient réclamer le bénéfice du statut promulgué uniquement pour venir en aide au pauvre journalier. Afin de mieux déterminer à quelle classe MONTRÉAL, 10 septembre 1884. appartenait le défendeur, il fut lui-même exa Coram LORANGER, J. miné comme témoin et tout en se disant journalier, il admit cependant que ses occu BROWN et al. v. GORDON et MCARTHUR et al., pations dans la manufacture des tiers-saisis, Tiers-saisis. 44 & 45 Vic. c. 18-Journalier-Gages. JUGÉ: 1. Qu'aucune autre personne que le journalier (homme de peine), n'a droit de se prévaloir de l'acte de la législature de Québec 44 et 45 Vic. ch. 18, lequel pourvoit à ce que "les gages échus des journaliers ne soient saisissables que pour un montant n'excédant pas la moitié des dits gages. 2. Que le défendeur en cette cause, qui est employé dans une fabrique de papier à tapisserie et dont l'occupation est de peindre ou graver les fleurs sur ce papier, n'est pas un journalier et n'a pas droit au bénéfice du dit acte. était de dessiner ou graver les fleurs sur le (J. G. D.) RECENT ONTARIO DECISIONS. Negligence-Sufficiency of Railway BellSpeed of trains in cities, etc.—Fencing track on highway Contributory negligence. By the Les tiers-saisis en cette cause, firent la dé- Consolidated Railway Act, 1879, every lococlaration suivante : motive engine shall be furnished with a bell of at least thirty pounds weight, which shall be rung at the distance of at least eighty rods from every crossing over a highway, and be kept ringing until the engine has crossed the highway. The judge charged the jury, that the object was that a person passing at the crossing should receive warning of the approach of the train, and the bell must be such a bell as would reasonably give that warning. Held, a proper direction. "That at the time of the service made upon us of the writ of saisie-arrêt issued in this cause, said defendant was in our service and worked and was paid by the day. That at the date of said service of the said writ, there was due and owing to the defendant, as his pay for six days, the sum of $12; one half of which sum is liable to seizure under and by virtue of 44 & 45 Vic. ch. 18. The price agreed to be paid to defendant is $2 a day and he is paid every fortnight." A l'encontre de la prétention émise dans cette déclaration, que la moitié seulement du salaire du défendeur était saisissable, les demandeurs prétendirent que le défendeur n'était pas journalier, il était plutôt artiste et que son salaire entier était saisissable. Il n'y avait, suivant eux, que le journalier proprement By the same Act no locomotive shall pass through any thickly peopled part of any city, etc., at a speed greater than six miles an hour unless the track is properly fenced. Held, that this applies as well to the crossing of a highway as to other parts of a city, etc., and that the defendants were guilty of a breach of the Act in running a train at a greater speed than six miles an hour across a highway in a village where the only portion of the track not properly fenced, was that portion which crossed the highway. The plaintiff was well acquainted with the locality in question, and had known it to be a dangerous crossing for many years, yet when approaching it in his waggon he did not look to see if a train was coming, though he could have seen the train in question in time to have stopped his horses before reaching the track. He did not observe the train until he was on the track, and it was too late to avoid being struck. The jury found for the plaintiff. Held, that there was evidence of contributory negligence, and a new trial was directed.-Corrigan v. The Grand Trunk Railway Co. (Queen's Bench Division). Gratuitous bailment· Negligence-Liability of bailee.-The plaintiff left a sum of money with the defendant, a shopkeeper, for safe keeping. The money was put in a safe in the defendant's shop, but when the plaintiff applied for it the next day, the defendant told him that it had been taken out and he could not give it to him. On the evidence, the jury found, in answer to questions submitted to them, that the defendant was wanting in ordinary diligence in taking care of the money, in unlocking the drawer in which it had been placed, and leaving it unlocked while he went to the cellar to get goods for customers, who were then left alone in the shop, and that the money was lost through the defendant's negligence. They also found that the defendant wrongfully appropriated the money. Judgment was directed to be entered for the plaintiff upon these answers, and the court refused to disturb the judg. ment.-Porteous v. Meyers (Queen's Bench Division). Broker-Pledge of stock-Sale by pledgee. The plaintiff, a broker, pledged stock with the defendants, also brokers, for advances, the plaintiff's object being to buy stock largely and hold it for a rise in the market, and it was agreed that if the plaintiff was in default for interest, or in keeping up margins, the defendants could sell the stock on two days, notice. The defendants being in need of the stock, used it. Subsequently they alleged the plaintiff was in default, and he being ignorant of the disposition of his stock gave the defendants his notes for the amount claimed by them. Afterwards he ascertained that his stock had been sold. The defendants pleaded the custom of brokers as to their right to sell the stock. Held, that the custom alleged was not proved, nor would it be valid; that the parties might agree to be bound by such a mode of dealing, but in this case no such agreement was proved. Held, also, that the defendants might lawfully have repledged to enable them to raise their advances to plaintiff, but that the sale and other disposition by them without notice to plaintiff, and without default on his part, were wrongful, and entitled the plaintiff to recover the prices at which defendants sold the stock.—Mara v. Cox et al. (Queen's Bench Division). RECENT U. S. DECISIONS. Insurance Policy-Agreement to AssignMeasure of Damages. The measure of damages for failure to assign a fire insurance policy to the purchaser of the property insured is the cost of procuring a similar policy, and not the amount of injury by fire to the property which the plaintiff neglected to re-insure. Loker v. Damon, 17 Pick. 284; Miller v. Mariner's Church, 7 Greenl. 51; Grindle v. Eastern Express Co., 67 Me. 317; Hoadley v. Northern Transportation Co., 115 Mass. 304.-Dodd v. Jones, S. J. C. Mass., 18 Rep. 306. Common Carrier-Limited Ticket-Right of Ejection-Manner of Exercise of Right-Excuse. -1. A common carrier has a right to eject from its cars a person holding a ticket limited as to time, who claims the right to ride on presentation of such ticket and refuses to pay his fare. 2. Such right must, however, be exercised reasonably; the carrier has no right to eject an intruder in such manner as to endanger his safety; and while the carrier is not required to put off the intruder at a station or stopping-place, it cannot put him off at a place where his life or health would be endangered. 3. Where the conductor of a railway train has ejected an intruder at an improper place, it is no excuse, in an action for damages against the corporation, that the conductor told the intruder to leave at the next station the train came to, and that nevertheless the intruder rode past the said station.-Texas and Pacific Railway Co. v. Mc Donnell. Ct. of App. of Tex. 18 Rep. 187. Carriers-Through Lines-Respecting Liability of Connecting Carriers-Delivery-Block in Through Lines-Loss by Fire-Negligence. Several connecting carriers having entered into certain contract arrangements for continuous transportation on through bills of lading, at settled rates of compensation, providing that each line should be responsible alone for its acts or omissions, do not thereby become liable as partners for the undertakings, representations, or misconduct of the carrier who receives merchandise from the shipper. Where cotton was delivered to a carrier to be transported from Memphis, Tennessee, to Woonsocket, Rhode Island, upon through bills of lading, exempting liability from fire, issued by the receiving carrier in pursuance of such arrangement between the connecting carriers, and the cotton was delayed at Norfolk by reason of a block caused by accumulation of freight on the line intended to convey it therefrom, and was stored in the defendant's warehouses, where it was burned. Held, that the company so storing the cotton was not bound to send the cotton forward by other lines, and was not liable for the loss. The fact that the company had effected an insurance on the cotton is unimportant. Deming v. Norfolk & W. R. Co. Circuit Court, E.D., Penns. 21 Fed. Rep. 25. CRIMINAL LAW. which the offence could not be committed; and if the accused was in such a condition of mind from intoxication as to be incapable of forming such intent, he could not have committed the crime or incurred guilt.-People v. Blake, Supreme Ct., Calfornia, Pacific Reporter, June 19, 1884. - Homicide-Extenuation — Evidence. --The accused hearing from his sister that A. had whipped their brother, became greatly enraged, went out instantly and killed A. Held, the circumstances of the whipping, which the accused did not know at the time of the killing, are incompetent to prove provocation. The provocation which excuses must be something which a man knows of and resents at the time he does the killing, not what time or accident afterwards brings to light.Johnson v. Commonwealth, Supreme Ct., Kentucky, Colorado Law Rep., June 19, 1884. CANADA GAZETTE NOTICES. John Macpherson Hamilton, of Sault St. Marie, barrister-at-law, is gazetted Queen's Counsel, and the same gentleman is appointed District Judge for the Provisional Judicial District of Thunder Bay. The appointment by the Hon. George Irvine, Q.C., Judge of Vice-Admiralty Court for Lower Canada, of the Hon. Thos. McCord, one of the Justices of the Superior Court, as Deputy Judge of the Vice-Admiralty Court, is approved by the Governor General, the appointment bearing date 6th Oct., 1884. GENERAL NOTES. At the last extension of the borough franchise in England an old worthy being found entitled to a vote was canvassed for it by each of the contending parties. His answer was,-" Na, na; I ha'e waited fifty years for a vote, an' noo that I ha'e got, I mean to keep it." Autrefois acquit-The greater crime includes the lesser.-Where a grist mill, and all its contents, including the books of account of the owners of the mill, are destroyed by one single fire, and the defendant is prosecuted criminally for setting fire to and burning the mill, and on such charge is acquitted, held, that such acquittal is a good defence to a subsequent prosecution for setting fire to and burning the books of account.-State v. Colgate, Supreme Ct., Kan., Central L.J., May 16, the American Law Review are:-1. Corporate Taxation; 1884. While Radical processions are marching through the streets of London, with banners inscribed, "Down with the Lords," the Mikado of Japan is busy organizing a peerage. He has created eleven princes, twentyfour marquises, seventy-six counts, three hundred and seventy-four viscounts, and seventy-four barons. The contents of the September-October number of 2. Sunday and Sunday Laws; 3. Law Reforms in Germany; 4. Suing the State; 5. Are Persons Born Evidence--Drunkenness-Intent.--Drunken- within the United States Ipso Facto Citizens thereof; ness is admissible in evidence on the question 6. Notes; 7. Correspondence; 8. Book Reviews; 9. of intent, where the intent is an element in the constitution of the offence, and without Other Books Received; 10. Bi-monthly Digest of Cases Reported in the Law Periodicals. The contents are, as usual, of a high order of excellence. The Legal News. VOL. VII. NOVEMBER 8, 1884. No. 45. LEGAL BUSINESS. Several of our contemporaries, both in the United States and in England, have referred lately to a falling off in the volume of legal business. So far as England is concerned the decline, if it exists at all, has not affected the cause lists, for the Law Journal, of Oct. 25, says: "The Cause Lists for the forthcoming sittings show an increase as compared with those of Michaelmas, 1883, in all business except divorce, which shows a slight decrease. The Court of Appeal has 422 entries, as against 399 last year, and 248 the year before. The Chancery Division has 842 entries, as against 809 last year, and 778 the year before. The Middlesex Nisi Prius causes are 1,118, as against 886 last year, and 600 the year before. Of these, 586 are for trial without juries, as against 146 last year. The Divisional Court business shows 247 entries, as against 214 last year. The Divorce List has 206 entries, as against 214 last year, and 170 the year before." And yet the Law Times of June 21 amongst us, the columns of a law journal are occupied to little purpose in recommending them. The curious feature of the Review's article is that what are assumed to be Canadian grievances, are about the last things of which Canadians are disposed to complain. "It will be a cold day in England "when any of the British colonies gives to England a Lord Chancellor, or even a "Colonel of Dragoons." A colony did give to England not long ago a very prominent minister, and Canadians are not unknown fact is that Canadian ambition does not tend in the Imperial military service. But the very strongly in that direction. Canadians are probably much prouder of having given a champion oarsman to the old country and to the world than they would be of giving a general to the British army. But if they wished to become Colonels of Dragoons we don't know what obstacle lies in the way. The Review repeats a misstatement to which we think we referred some time ago; that the "best places in Canada" are "filled by Englishmen foisted upon the Canadians by 'Imperial influence." This is a misapprehension. The Canadians appoint their own judges, their own bishops, their representatives in Parliament. Ministers only hold office by the will of the majority elected by the people. The professional classes are exa decent living appears every year to dimin-clusively Canadians. Where, then, are the ish, and at the present moment it may be safely said that the dearth of new business is unprecedented. On the other hand, the said: "The number of barristers who earn number of 'distressed members' increases." COLONIAL DEPENDENCE. best places that are monopolized by English men? The office of Governor-General, it is true, is filled by Imperial appointment, but so long as England has men like Lord Dufferin, Lord Lorne and Lord Lansdowne to send us, we think that will hardly be counted a grievance. Our contemporary The symbols of royalty, in the eyes of our esteemed neighbour, the American Law Re-proceeds to make what, we fear, must be regarded as a rash promise. "If Canada were free, she would in course of time, and by a "natural movement, become a member of "the American confederation. The Cana"dian provinces would add four States to "the American Union; the highest offices "within the gift of the republic would be "opened to Canadians; Americans would delight to honor themselves by making such a statesman as Sir John A. Macdonald their President; and the conservative influence view, are as red rags to a bull. Every reminder that the British empire holds sway over a portion of this continent elicits a fresh outburst of mingled amazement, indignation and contempt. We accept, of course, the warmth displayed by our contemporary as a flattering indication of his friendly interest in our welfare, and we shall not even be guilty of the impertinence of suggesting, that as independence and annexation to the United States are not live questions here, are not espoused by any political party" of Canada in American politics would be THE TICHBORNE CLAIMANT. The great impostor who occupied so much of the attention of the courts and of the public ten or twelve years ago, has been released on a ticket-of-leave, there being three years and four months of his sentence not yet expired. What a ticket-of-leave implies, is not generally known here, and we avail ourselves of the following summary of the conditions from the Law Journal : NEW PUBLICATIONS. NATURALIZATION AND NATIONALITY IN CANADA; Expatriation and Repatriation of British Subjects; Aliens, their disabilities and their privileges in Canada. The Naturalization Act, Canada, 1881; with notes, forms, and table of fees to be taken by commissioners, justices of the peace, notaries public, stipendiary and police magistrates, clerks of courts, registrars and other officials; with appendix containing treaty, etc.; also naturalization laws of the United States, with forms, etc. By Alfred Howell, of Osgoode Hall,Barristerat-law. Author of Surrogate Courts Practice." Carswell & Co., Publishers, Toronto and Edinburgh. sions of the Naturalization Act. The census of 1881 showed the population of foreign nationalities resident in the Dominion to be 124,369, and the accessions since that date to the vast territory recently opened in the Northwest are very large, so that the subject is of growing importance to the profession. In the earlier portion of his work the author treats of the old rule of perpetual allegiance in the United Kingdom, Canada and the United States. The authorities and cases are collated with care, and the essay will be found generally interesting. The book is issued at a low price (cloth, $1.50, half calf $2), and will doubtless have a large circulation. Within the compass of a slim octavo of 132 pages, Mr. Howell has brought together a considerable amount of information, to assist those who may be called upon to advise persons contemplating naturalization or desi"His license to be at large on ticket-of-rous of obtaining the benefit of other provileave is on the terms that he produce it when called upon, that he abstain from any violation of the law, that he do not associate with notoriously bad characters, nor 'lead an idle and dissolute life without visible means of obtaining an honest livelihood.' He must, on his release, personally notify his residence at the police office of the district in which he is, and any change of residence which he may make within the district from time to time. If he goes from one police district to another, he must personally notify his residence to the police of the district which he is leaving and the district to which he goes, and he must, once in every month, report himself at a police office. If he fail to make the necessary notification within forty-eight hours, or fail to report himself regularly, he is liable on conviction to forfeit his license, or to be imprisoned for one year with hard labor. If he break any of the somewhat vague conditions of his license, he is liable to be sent to prison with hard labor for three months, and if he be convicted of any indictable offence, his license is forfeited. Finally, a whip-hand is kept over the convict, by the license being in force only unless it shall please her Majesty sooner to revoke it,' so that the convict may be sent back to serve his term whenever the Home Secretary in his discretion may think proper." REPORT OF THE COMMISSIONERS ON THE CONSOLI DATION OF THE STATUTES OF CANADA.— Printed by order of Parliament, 1884. The present Report comprises a draft of 62 chapters, forming a large proportion of the work to be done under the Commission. To each chapter a table is appended, showing what Acts are proposed to be consolidated, the portion consolidated, the portion which it is proposed to repeal, the portion to be consolidated elsewhere, &c. When changes of any extent have been found necessary, a note in |