"due

and, by sec. 36 of that Act, upon dants had acted without any enquiry by committee the enquiry," or to set up any irregu Benchers or committee shall have larities there might have been in the power to examine witnesses under preliminary proceedings. oath.

Per HAGARTY, C.J. O., and OSLer, J. A. The power to take evidence under oath was, unless, waived, imperative.

Per HAGARTY, C. J. O., and OSLER, J. A., also :-Notice to the treasurer was unnecessary.

Upon a charge of professional mis conduct, the plaintiff attended before the Discipline Committee, the Standing Committee of Convocation to whom all charges of such nature are referred, and without objection allowed witnesses to make unsworn Per BURTON, J. A.-The power statements, and cross-examined them to take evidence under oath was thereon, he also making an unsworn discretionary. Hands v. The Law statement himself. Society of Upper Canada, 41.

In calling the committee together, no notice of the meeting was sent to the treasurer of the Society, an ex officio member thereof, he being in Europe, and the notice to the other members did not state the purpose of the meeting. Subsequently the committee reported to Convocation that the complaint had been fully established, and recommended that the plaintiff be disbarred. the consideration of this report the evidence was read before Convocation, and the plaintiff appeared with counsel and practically admitted the charge taking no objections to the proceedings, whereupon Convocation. adopted the report and resolved that

Upon

BENCHER.

See LAW SOCIETY.

BENEVOLENT SOCIETY.

See LIFE INSURANCE.

BILLS OF EXCHANGE AND
PROMISSORY NOTES.

See ASSIGNMENT-CONTRACT, 2.

he be disbarred, &c. An action to BILLS OF SALE AND CHATTEL

have this resolution declared void,

and to restrain further proceedings, was dismissed by BoYD, C., (16 O.

MORTGAGES.

Affidavit of bona fides-DescriptR. 625.) This judgment was sub-ion of chattels-Concurrent mortsequently reversed by the Queen's gages.]-The affidavit of bona fides Bench Divisional Court, (17 O. R. in a chattel mortgage taken to 300), whereupon the defendants secure the mortgagee against his enappealed to this Court :dorsement of two promissory notes, which were referred to in a recital, stated that the mortgage ecuted in good faith and for the express purpose of securing me the said mortgagee therein named, against his endorsement of a certain promissory notes for (sic) or any re

Held, (reversing the decision of the Divisional Court) that the plaintiff having appeared before Convocation and substantially admitted the charge, and the propriety of the report of the committee, could not be permitted to say that the defen

was ex

See ASSIGNMENTS AND PREFER G. 352, observed upon as being no

Re O'Heron, 11 P. R. 422, overruled.]-See LIFE INSURANCE.

McMartin v. McDougall, 10 U.C. | misrepresentation or any other cause R. 399, commented on.]-See BILLS which would enable the Court to OF SALE AND CHATTEL MORTGAGES. decree such relief; but as the Court, if a shareholder were to make a claim against the corporation for compensation in damages in respect of some matter not connected in any way with the validity of the shares held by him, could not decree a cancellation pro tanto of those shares,

Ramsden v. Lupton, L. R. 9 Q.B. 17, distinguished. See BILLS OF SALE AND CHATTEL MORTGAGES.

Russell v. Russell, 14 Ch. D. 471, distinguised.]-See MASTER AND SER

VANT.

Smale v. Burr, L. R. 8 C. P. 64, distinguished. See BILLS OF SALE AND CHATTEL MORTGAGES.

SO

the corporation itself cannot validly compromise a claim for damages against it by accepting the surrender of and by cancelling shares of its capital stock held by the claimant.

Judgment of the Common Pleas Division reversed. Livingstone v. Stoddart v. Wilson, 16 O. R. 17, Temperance Colonization Society, questioned.]-See ASSIGNMENTS AND 379. PREFERENCES, 1.

See ASSIGNMENT.

COMPANY.

-

CONSTITUTIONAL LAW.

1. Criminal law-Criminal procedure-B. N. 4. Act, sec. 91, subsec. 27-51 Vic. ch. 32 (0.)—52 Vic. ch. 15 (0).-The "Act to provide against frauds in the supplying of Shareholder - Calls - Surrender milk to cheese or butter manuof shares-Cancellation of shares-factories," 51 Vic. ch. 32 (0.), though Compromise-Invalid resolution.]-penal in its nature, does not deal A trading corporation has authority with criminal law within the meanas an incident of its existence to ing of section 91, sub-section 27, of compromise all bonâ fide claims made the B. N. A. Act, but merely proagainst it, and therefore has power tects private rights and is intra vires. to compromise claims made by a shareholder to be relieved of his shares either by reason of fraud or

So also the "Act respecting appeals on prosecutions to enforce penalties and punish offences under

Provincial Acts," 52 Vic. ch. 15 (O.), is not legislation dealing with criminal procedure within the meaning of that sub-section and is intra

vires.

Judgment of the Queen's Bench Division, 17 O. R. 58, reversed.

Whether proceedings to quash a conviction under an Ontario Act should be taken before a single Judge, or a Divisional Court. Quære. Regina v. Wason, 221.

2. British North America ActBankruptcy and Insolvency-Banking and Incorporation of banksProperty and civil rights-Crown -Taxation-Tax sale-R. S. O. (1887) ch. 193, sec. 7, sub-sec. 1.]— Certain lands, after the grant from the Crown, became by certain mesne conveyances the property of the Bank of Upper Canada and upon the failure of that bank were conveyed to its trustees, and were subsequently, with the other assets of the bank, vested in the Crown by 33 Vic. ch. 40 (D.) The Crown then sold them and the purchaser gave a mortgage back to secure part of the purchase money. The mortgage contained the usual provision for payment of taxes, but the taxes were not paid and the lands were sold, this action being brought to set aside the tax sale.

Per BURTON, J. A. That the Act was ultra vires as an interference with "Property and Civil Rights in the Province" and that the lands remained in the trustees subject to taxation. That even if the Act was intra vires still the lands, being vested in the Crown in the place and stead of the trustees voluntarily selected by the shareholders of the bank, were not exempt from taxation.

Per MACLENNAN, J. A. That the Act was ultra vires and the lands subject to taxation, but that, upon the evidence, the sale was fraudulent and void as far as the interest of the Crown was concerned.

The judgment of the Queen's Bench Division, 17 O. R. 615, was therefore affirmed, BURTON, J. A., dissenting. Regina v. County of Wellington, 421.

See RAILWAYS, 1.

CONTRACT.

Parent

1. Master and servant. and child.]-The plaintiff, while a child of very tender years, had been placed by her father with the defendant, who was not a relation, to remain with him until she attained eighteen years of age, he agreeing to Held, per HAGARTY, C. J. O., and support her during that time, to send OSLER, J. A., that the Act, 33 Vic her to school, to supply her with ch. 40 (D,), was intra vires, as deal- clothing, and to give to her certain ing with "Bankruptcy and Insol-articles when she reached the age of vency" or "Banking and Incorpor- eighteen. She remained with the ation of Banks." That the lands defendant until she was nearly were therefore properly vested in twenty years of age, being in all the Crown as trustee, and that the interest of the Crown as mortgagee and trustee could not be sold for arrears of taxes, but was exempt under R. S. O. (1887) ch. 193, sec. 7, sub-sec. 1.

respects treated as a member of the family, and doing such work as a member of the family would naturally do.

Held, that the plaintiff had no implied right to remuneration for

services rendered after she attained the age of eighteen, and that in the absence of any express agreement for payment of wages, she could not

recover.

Judgment of the County Court of Elgin reversed. Peckham v. Depotty, 273.

recover the amount of the notes given by the defendant.

Judgment of the County Court of Hastings affirmed on other grounds. Bonisteel v. Saylor, 505.

See DAMAGES-SALE OF LAND.

CONTRIBUTORY NEGLIGENCE.

See Doan v. Michigan Central Railway Co., 481.

See Grant v. The Peoples Loan and Deposit Company, 85.-Temperance Colonization Society v. Fair2. Bills of exchange and promis-field, 205.-The Electric Despatch sory notes Illegality Public Company of Toronto v. The Bell policy.] The plaintiff purchased Telephone Company of Canada, 292. from an alleged company bushels of hullless oats paying therefor $10 a bushel and receiving the company's bond to sell for him thirty bushels of oats at the same price. The company found in the defendant a purchaser of thirty bushels of oats and the plaintiff's oats were sold to him and the defendant's notes for $300 were transferred to the plaintiff, the defendant getting the company's bond to sell sixty bushels for him at the same price. This was but one of a very large number of similar JUSTICE OF THE PEACE. transactions and both the plaintiff and the defendant were aware of this, and that these transactions could not be carried out without some one else being induced to enter into a similar transaction by which their own would be completed and a loss probably suffered by their successors. The oats were not worth more than ordinary oats and the transactions were in fact speculative and frandulent.

Held, [BURTON, J. A., dissenting], that the transaction could not be dealt with as an isolated one, but that the whole scheme must be looked at; that the tendency of that scheme was clearly contrary to the general well being of the public and therefore that the transaction in question forming part of that scheme was against public policy and illegal, and that the plaintiff could not 70-VOL. XVII. A.R.

CONVICTION.

See CONSTITUTIONAL LAW, 1.]—

COVENANT.

See The Electric Despatch Com pany of Toronto v. The Bell Telephone Company of Canada, 292.

COVENANTS FOR TITLE.

Local improvement rates].-The defendant joined in a petition to a municipal council to pass a by-law to open a street through the property of the defendant and others under the local improvement clauses of the Municipal Act. The petition was adopted and a by-law passed under which the work petitioned for was done. Subsequently the defendant sold his land to the plaintiffs and conveyed it to them by deed made