APPENDIX.

Reported cases from Ontario disposed of by the Supreme Court of Canada from 1st of March, 1903, to 1st of July, 1903.

305.

HENNING V. MACLEAN, 4 O.L.R. 666.-Affirmed 33 S.C.R.

MONTREAL AND OTTAWA R.W. Co. v. CITY OF OTTAWA, 4 O.L.R. 56.-Affirmed 33 S.C.R. 309.

THORNE V. PARSONS, 4 O.L.R. 682.-Affirmed (sub. nom. Thorne v. Thorne) 33 S.C.R. 376.

50-VOL. V. O.L.R.

ACCOUNT.

See EVIDENCE, 4.

ADMINISTRATION.
See WILL, 8.

ALIEN.

See CRIMINAL LAW, 4.

AMENDMENT.

INDEX.

See BILLS OF EXCHANGE-
CRIMINAL LAW, 2, 4, 5-
MALICIOUS PROSECUTION
-PARTIES, 2--PLEADING, 1.

ANNUITY.
See WASTE.

APPEAL.

the Court of Appeal was set for
the 10th November. The appeal
case was not prepared in time
to enter the case on the 6th
November, and the plaintiff's
solicitor refused to consent to
its being entered on the 10th
for the sittings beginning on
that day. The case was entered
without consent on the 17th
November, and a motion was
made to confirm the entry :-

Held, that the plaintiff's
solicitor should have consented
to the proposed entry on the
10th November, and the subse-
quent entry should be confirmed;
and, as both parties were nearly
equally blamable for delay,
there should be no costs.
McLaughlin v. Mayhew, 114.

2. Court of Appeal-Leave
to Appeal-Solicitor-Payment
by Salary-Costs Taxation.]
The solicitor of a municipal
corporation was appointed under
1. Court of Appeal-Late En- the terms of a by-law which
try-Refusal of Consent-Con- provided for his receiving a
firmation Responsibility for yearly salary of $1,800 for all
Delay-Costs.]-The defendants services performed by him, in-
on the 19th May gave notice of cluding costs of litigation
an appeal to the Court of Appeal incurred on behalf of the
from a judgment delivered on corporation, and any costs
the 22nd April, and gave security awarded to the corporation were
on the 22nd May. Reasons of to be paid over to the city
appeal were not served till the treasurer. This by-law was
10th September, and reasons amended by a by-law providing
against appeal not till the 13th that all costs payable to the
October. The next sitting of corporation in any action should

--

be paid to the solicitor as part | Proceedings - Merits.] — Upon
of his remuneration in addition an application to extend the
to his salary. After the passing time for appealing from the
of the amending by-law the Court of Appeal to the Supreme
corporation claimed to have the Court of Canada the applicant
right to tax profit costs in an must shew a bona fide intention
action against the corporation to appeal, held while the right
which had been dismissed with to appeal existed, and a suspen-
costs prior to the passing of sion of further proceedings by
such amending by-law.
reason of some special circum-
Leave to appeal to the Court stances. No such case having
of Appeal from a judgment of a
Divisional Court refusing to
allow such profit costs having
been moved for :-
:-

been made out here, and the
Court not being impressed with
the merits of the defence, leave
to extend the time was refused,
In re Manchester Economic

Held, that, having regard to
the litigation and the decisions Building Society (1883), 24 Ch.
on the subject, leave should not D. 488, followed.
be granted. Jarvis v. Great West- Hunt, 97.

Smith v.

ern R. W. Co. (1859), 8 C.P. 280, See ARBITRATION AND AWARD,
Stevenson v. Corporation of 3--Costs, 7--Criminal LAW, 1--
Kingston (1880), 31 C.P. 333, PARLIAMENTARY ELECTIONS, 1,3
and Meriden Britannia Co. v. PLEADING, 1-PRACTICE, 3.
Braden (1896), 17 P.R. 77,
referred to. Ottawa Gas Co. v.
City of Ottawa, 246.

3. Divisional Court-County
Court Appeal-Final Order.]—
A motion by the defendant to
set aside a judgment in a county
court as irregular and void was
dismissed by the county court
Judge, who gave the defendant
leave, on payment of $5, to
move on the merits for leave to

defend :-

:-

Held, that this was a final
order and that an appeal lay
therefrom. O'Donnell v. Gui-
nane (1897), 28 O.R. 389, dis-
tinguished. Voight Brewery Co.
v. Orth, 443.

APPORTIONMENT.

See DAMAGES-WASTE.

ARBITRATION AND AWARD.

1. Order for Leave to Enforce
Award Time - Arbitration
Act, sec. 45-Motion to Set aside
Award.]-An application under
sec. 13 of the Arbitration Act,
R.S.O. 1897, ch. 62, for an order
giving leave to enforce an award,
need not be made within six
weeks after the publication of
the award.

Section 45 of the Act does
4. Supreme Court of Canada not apply to such an application,
Extension of Time-Inten- but only to applications to set

tion to Appeal-Suspension of aside awards.

An order under sec. 13 is ment in that regard. On appli-
necessary when the reference
has been made out of Court.

Objections properly the sub-
ject of a motion to set aside the
award were not given effect to
upon appeal from an order under
sec. 13. Re Lloyd and Pegg,

389.

-

cation by one of the parties,
under sec. 41 of the Arbitration
Act, R.S.O. 1897, ch. 62, for a
direction to the arbitrators to
state a special case as to what
was the true construction of the
contract as to the amount of
charcoal called for per month
under it -a matter upon which
they had reached and announced
a conclusion:--

2. Stating Case - Matter
Arising in the Course of the
Reference" Revoking Sub- Held, that the claim referred
mission Arbitration Act to leaving the proper construc-
R.S.O. 1897, ch. 62, sec. 41.] tion of the agreement open, this
-Arbitrators were appointed was a question of law " arising
under the arbitration clause in in the course of the reference
an agreement between two within the meaning of the said
companies, whereby, inter alia, section, and a special case might
one agreed to provide the other properly be directed as to it.
daily with a certain quantity of Held, also, that a special case
cordwood, which the latter having been directed as to this,
agreed to carbonize into char- the principal question, it might
coal, and to deliver to the properly be made to include two
former to the maximum quan- other questions in dispute,
tity of
85,000 bushels per though, had they been the only
month. The arbitration clause questions which the applicants
provided that "in case of any desired to have stated, it would
dispute arising between not have been proper to direct
the parties in regard to the the case as to them.
meaning or construction of this

A party to a reference is not
agreement
or of the entitled ex debito justitia to
mutual obligations of the parties have a special case directed
whenever a question of law
arises in the course of a refer-
ence. This is a matter resting in
the discretion of the Court.

or of any other act, matter
or thing relating to, or concern-
ing the carrying out of the true
spirit, intention, or meaning of
these presents, the same shall There is no general rule that
be determined by arbitration." where the arbitrators are speci-
Disputes arising between the ally qualified to decide the
parties, one of the claims re- question of law, this direction
ferred to the arbitrators was for should not be given, at all events
damages for alleged short de- where the arbitrators have
livery of charcoal, such shortage ruled upon the question.
being claimed whatever the Semble, that different con-
proper construction of the agree- siderations apply to the exercise