speed or stopping when he saw, such sale, is not complete until or should have seen, the frighten- the amount of the indemnity to ed team was the direct cause of be paid is first settled in the the injury to the plaintiff; and manner pointed out by that that the verdict should not be section, namely: namely either by disturbed. agreement or arbitration; and Although a street railway where the plaintiff, in his declacompany may be permitted by ration claiming damages under its charter to run its cars on the that section for the wrongful sale public streets at high rates of of his lands by the defendant speed, it is not, therefore, re- municipality for alleged arrears lieved from the duty of exercising of taxes, showed that the lands proper care to prevent accidents. had been brought under the Lines v. Winnipeg Electric Street Real Property Act by the taxRailway Company .. 77 purchaser, but did not show any agreement with defendants as to the amount of indemnity, nor that any arbitration had been held to ascertain such amount, a demurrer was allowed. Clemons v. St. Andrews SUMMARY TRIAL. SUNDAY. See CRIMINAL LAW, 1. SURVEY-RE SURVEY. TAX SALES. 1. Damages against municipality-Assessment Act, R.S.M., 111 2. Place of sale Conducting sale in a fair and open manner.] This was an issue under the Real Property Act to determine the validity of a sale of lands for taxes due to the Municipality of Winchester. Section 154 of the Assessment Act provides that a sale for arrears of taxes shall take place at such place as the council shall by resolution or by-law appoint, or in the absence. treasurer. C. 101, S. 192—Right of action of such appointment, at such Compensation.] Where the public place in the assize town owner of land which has been or city of the Judicial District sold for arrears of taxes, when wherein the municipality is situno taxes were due thereon, ated as may be chosen by the cannot recover it back by reason of its having been brought under the operation of the Real Property Act, his right of action against the municipality under section 192 of the Assessment Act, R.S. M., c. 101, for the loss or damage sustained by him on account of The council did not appoint any place for the holding of the sale, and the treasurer appointed. the sale to take place at a small hall in the municipality, and not at the assize town or city of the Judicial District, which is Bran don. Moreover the sale began at 11 o'clock in the morning, was continued for about an hour, and then the auctioneer, officials and audience all went away to dinner and were absent for about an hour, during which time no one was left in charge of the hall which was locked up, nor was any notice put up at the door with reference to the sale, and the land in question was sold after the sale was resumed in the afternoon, and for just the amount of the taxes. Held, that under these circumstances it could not be considered that the sale had been conducted in a fair and open manner, and that under section 190 of the Assessment Act it should be set aside and a verdict entered for defendants as mortgagees. Scott v. Imperial Loan ..190 Co.... See LIMITATION OF ACTIONS, 1. THREAT OF CRIMINAL PRO CEEDINGS. See DURESS. TRUSTEE. See SET OFF. ULTRA VIRES. See MUNICIPAL LAW, 1, 2, 3, 4. UNCERTAINTY. See MUNICIPAL LAW, 2. VARYING ORDER. See PRACTICE, 2. VENDOR'S LIEN. See FRAUDULENT CONVEYANCE, 1. WAIVER. See DURESS. See EXPROPRIATION. See MISREPRESENTATION. WITNESS. See CRIMINAL Law, 3. WORDS. "Amount in question." See APPEAL FROM COUNTY "Not transferable." See NEGOTIABLE INSTRUMENT. "Up to." See PRACTICE, 8. "Working expenditure." See RAILWAY, 1. WORKMEN'S COMPENSATION FOR INJURIES ACT. Retrospective legislation-Limitation of actions-Notice of injury -Negligence.] The plaintiff sued for an injury sustained by the negligence of a fellow work-ed within two years from the inan. The accident causing the occurrence of the accident causinjury occurred in May, 1894; ing an injury or death." no notice of the injury had been given within twelve weeks, and the action was not commenced until 1st October, 1895; so that at the time of the passing of chapter 48 of the Statutes of 1895 the plaintiff's right of The plaintiff also claimed that action for the injury under the defendants were liable at comWorkmen's Compensation for mon law under the principles Injuries Act, 56 Vic., c. 39, had applied in Smith v. Baker [1891], ceased to exist by virtue of sec- A.C. 325, and Webster v. Foley, tion 7. By the amendment of 21 S.C.R. 580, but the answers 1895, however, this section was of the jury showed no defect in repealed and the following the works or machinery or syssubstituted therefor :- No tem of using the same; and the action for the recovery of com- plaintiff was non-suited. Dixon pensation under this Act shall v. Winnipeg Electric Street R'y be maintainable unless commenc-Co.... Held, that this legislation was not retrospective and had not the effect of restoring a right of action which was gone before it was passed. ..528 s. 194. See LIMITATION OF Dominion Controverted Elections Assessment Act, 1892, c. 26, s. 8. See SALE OF GOODS. ss. 3 & 4. See GROWING CROPS, MORTGAGE of. See ELECTION PETITION, 1, 2. See CRIMINAL LAW, 3. C. 27, S. 7. See BOUNDARY LINES. Bills of Sale Amendment Act, 57 Executions Act, R.S.M., c. 53, Vic., c. 1, s. 2. See BILLS Of Sale, 1. Canada Evidence Act, 1893, s. 5. See CRIMINAL Law, 2. County Courts Act, R.S.M., c. 33, See COUNTY COURTS, 2. S. 20. See EXECUTION. Foreign Corporations Act, R.S.M., C. 24, S. 13. See CONTRACT, 2. Interpretation Act, R.S.M., c. 78, See BILLS OF Sale, 1. Joint Stock Companies Act, Judgments Act, R.S.M., c. 80, S. 12. See EXEMPTIONS. Liquor License Act, R.S.M., c. 90. s. 35. See LIQUOR LICENSE ACT. See ELECTION PETITION, 3. See MUNICIPAL LAW, 3, 4. Amendments, 1895, c. 32, See MUNICIPAL LAW, 1, 4. Amendments, 1896, c. 15, s. 16. See MUNICIPAL LAW, 4. Queen's Bench Act, 1895. s. 38, s-s. 35. See COSTS. s. 49. See JURY. s. 86. See COUNTY COURTS, 1. Rule 168(b), (d). See PRACTICE, 1 Rule 318. See PRACTICE, 5. Rule 338. See GARNISHMENT. Rule 425. See GARNISHMENT. Rule 500. See SECURITY FOR COSTS, 2. Rules 732, 736. See PRACTICE,6. Rules 803 to 807. See FRAUDU LENT CONVEYANCE, 1. See SALE OF LAND. Rule 983 (a). See PRACTICE, 8. Railway Act, 1888, c. 29, s. 2, s-s. (x). See RAILWAY COMPANY, 1. Real Property Limitation Act, R.S.M., c. 89, ss. 4, 24. See LIMITATION OF ACTIONS, 1,2. Shops Regulation Act, 1894, C. 42, S. 2. See MUNICIPAL LAW, 2. Workmen's Compensation for Injuries Act, 1895, c. 48. See WORKMEN'S COMPENSATION FOR INJURIES ACT. 4 & 5 Anne, c. 16, s. 10. See GARNISHMENT. 8 Anne, c. 14, S. I. See SHERIFF. II Geo. 2, c. 19, s. 19. STATUTE OF FRAUDS. 1. Sale of land Quantum meruit.]—The plaintiff's claim was for the balance of the purchase money of a piece of land which had been sold by the plaintiff to the defendant, and the plaintiff had procured a conveyance of the land to the defendant, who had accepted the the plaintiff's agreement, but same as made in performance of there was no agreement of sale to satisfy the Statute of Frauds. Held, following Giles v. McEwan, (ante p. 150), that notwithstanding the absence of an agreement in writing the plaintiff was entitled to recover the value of the land conveyed, which prima facie was worth the amount the defendant had agreed to pay. McMillan v. Williams, 9 M. R. 627, distinguished on the ground that plaintiff there had sued on the agreement. Holmwood v. Gillespie..... .186 2. Hiring and service-Quantum meruit-Joint creditors.] The plaintiffs, husband and wife, made a verbal contract with the defendant to serve him on his |