MONKMAN v. ROBINSON. Examination of Judgment Debtor-Refusal to answer questions—Unsatisfactory answers. A judgment debtor upon his examination refused to answer questions as to his wife's property. Held, that his refusal was justifiable. Held, that, as an examination of a judgment debtor may involve the disclosure of matters in which others are interested, in such case, if the questions are so put as to be directed to the debtor's own connection therewith, they must still be answered; but that the debtor's connection with them must appear before the transactions themselves can be gone into. To a number of questions, the debtor replied that he did not know or that he had forgotten. Held, that these answers could not be said to be unsatisfactory, although there was a strong suspicion that they were not altogether truthful. The questions upon an investigation of this kind must upon their face be relevant to the subject matter of the investigation, and not merely such as may or may not happen to be so. An answer may be quite satisfactory in its relation to the question as being a full and complete answer, and stating what are the facts sought to be discovered, while the statements themselves may disclose an eminently unsatisfactory state of things. It is of the answers in their relation to the questions, and as disclosing what are the facts of which discovery is sought that the statute appears to treat. DUDLEY v. HENDERSON. Livery Stable Keepers-Lien for board of horses-Posting up of Act. In replevin for detention of horses, the defendants avowed "that at and prior to the time of the said detention, they were keeping a boardingstable in the City of Winnipeg in the Province of Manitoba, and as such had the custody and possession of the said goods and chattels, and that at the time of the said detention the defendants had a lien on the said goods and chattels for money payable by the plaintiff to the defendants for stabling, boarding and caring for the said horses, and the said money being still due and unpaid, the defendants detained the said goods for a lien as security for the said money, which is the alleged detention." The plaintiff pleaded "that at the time of the said detention the defendants had not conspicuously posted up in the office and in two other places in their said stable a copy of the Act of the Legislature of the Province of Manitoba, passed in the 47th year of Her Majesty's reign, Chapter 15." Upon demurrer to the plea and exceptions to the avowry. Held, by Killam, J., that the plea was bad inasmuch as the statutes did not require the copy to be posted up when the goods were detained. but only related to goods or property brought to the hotel while a copy of the act was posted up. Held, also, that section 9 of the Con. Stat. cap. 56, is not incorporated with the Act 47 Vict. cap. 15, and that therefore the right of a lien did not depend upon the posting up of the Act. MCMASTER v. JASPER. Interpleader-Application for security for costs-Style of cause. An application for security for costs of interpleader proceedings, made after the issue of the interpleader order, must be styled, not in the original cause, but in the interpleader issue. RANKIN v. MCKENZIE. Taxation-Fees in Master's Office-Counsel fees. In a proper case an appeal from the Master will be allowed upon the quantum of counsel fees. Two fees of $100 each reduced to two of $50 each. The Master may allow, upon proceedings in his office, one fee of $20 instead of the usual $1 or $2 per hour; but has no power to exceed that amount. STEWART v. JACKSON. Costs of former suit-Staying proceedings. Plaintiff had filed a bill to set aside, on the ground of fraud, a purchase of lands made by him from the defendant. The bill was dismissed because the plaintiff, after his discovery of the fraud, had affirmed the contract. In the present action of damages for the deceit, the defendant applied to stay all proceedings until payment of his costs of the previous suit. Held, reversing the judgment of Wallbridge, C. J., that as the causes of action were not the same, nor substantially the same, and the plaintiff's conduct was not vexatious, the action should not be stayed. SUTHERLAND v. MCKINNON. Security for costs-Payment into Court in lieu of a bond-Interlocutory costs. Money paid into Court in lieu of giving a bond for security for costs will be ordered to be paid out in satisfaction of interlocutory costs. TABLE OF CASES, No. 12.-Vol. VI. ARMIT v. THE HUDSONS BAY COMPANY. Interpleader by defendant-Costs. BEEMER v. INKSTER. Replevin-Writ improperly issued-Action against sheriff. BOYER v. THE TOWN OF WOODSTOCK. 495 499 Principal and agent-Municipal corporation-Committee appointed with specific duties-Extent of authority. 493 BROWN v. THE CANADIAN PACIFIC RAILWAY CO. Railway Company-Liability as carriers or warehousemen-Baggage left at station-Pleading-Demurrer. 496 CITY OF HALIFAX v. THE WESTERN ASSURANCE CO. Provincial Legislature-Power to authorize the imposition of license fees on Insurance Companies-Construction of British North America Act, section 92, sub-section 9. COLQUHOUN v. McRAE. 489 Sheriff-Seizure-Sale-Fees-Poundage. 485 CONWAY v. SCOTT. Replevin-Action on bond—Original action still pending-Court of Assize. 500 DUDLEY v. HENDERSON. Livery Stable Keepers-Lien for board of horses-Posting up of Act. 501 DULMAGE v. DOUGLAS. Constitutional law-Law Stamps Act-Ultra vires. 494 ESTATE OF DOOLEY, In re. Will-Appeal from judgment admitting to probate-Undue influence by spiritual adviser-Judgment below sustained. 492 504 FERGUSON v. CHAMBRE. Examination of judgment debtor-Debt secured-Order refused. FIELDING v. MÖTT. Application for mining areas-Conditions precedent to entry-Leases in unproclaimed districts-Limitation of number of areas-Irregularities in application-Signature of commissioner to lease-Construction of terms in Mines Act-Conflicting applications-Errors in description. 491 FLEMING, In re. Executor-Compensation--Commission-R. S. O. cap. 107, ss. 27, 41. 484 FORSYTH v. BELL. Representation as to ownership of goods-Transfer of title by delivery— LANDRY V. THE CITY OF OTTAWA. By-law-Application to quash-Single Judge-Divisional Court. Foreign judgment—Judgment in default of plea–Setting aside judgment— Interest. 495 McBEAN v. McBEAN. Reference-Account--Withdrawing admissions. MCCASKELL v. McCASKELL. Rent charge-Rent service-Rent seck-Apportionment. McDONELL v. THE BUILDING & LOAN ASSOCIATION. Costs, scale of Illegal distress—Injunction—Damages-Subrogation — County Court-Equity side of. MCDOUGALL v. HALL. Deed-Omission to tender for execution before action brought-Evidence that execution would have been refused-Dispensing with tender. McEWAN v. DILLON. Landlord and tenant-Breach of contract-Damages, measure of. Contract-Breach-Evidence. 486 483 485 483 481 480 481 502 Surgeon-Malpractice-Evidence-Inconsistent findings of jury. 480 MCMASTER v. JASPER. Interpleader-Application for security for costs-Style of cause. MCQUAY v. EASTWOOD. MONKMAN v. ROBINSON. Examination of Judgment Debtor-Refusal to answer questions-Unsatisfactory answers. MORROW v. CONNOR. Jury notice-Quit amaction-Municipal councillors-Trustees-Exclusive jurisdiction of Court of Chancery. O'HERON, In re. 501 486 Insurance-Benevolent Societies-47 Vict. cap. 20 (O.)—R. S. O. cap. 167. 486 PHILIP v. MCLAUGHLIN. Landlord and Tenant—Summary ejectment—Expiration of tenancy—Writ of restitution. Summary Conviction-Certiorari-Proceeding without summons-Waiver. 499 ROBERTSÖN v. WILLIAMS. Absent or absconding debtor-Summons to agent to disclose property-Right of judgment creditor to choses in action-Construction of words" goods and credits in the possession or under the control" of agents. RUMSEY v. CUNNINGHAM. 488 Action brought by assignee in name of assignor-Proof of sale and delivery -Account stated--Admission. 490 RYAN, Ex parte. Practice-Rule nisi granted by Judge at Chambers-Filing of papers. SHERWOOD v. GOLDMAN. 493 Writ of summons-Indorsement of plaintiff's residence-Irregularity. SINCLAIR v.. HOLLAND. 488 Timber driver-Where entitled to take charge of timber drive-LienCon. Stat. cap. 109. 493 SINCLAIR v. MULLIGAN. Constitutional law-Law in force in Assiniboia-Evidence. 500 STEWART v. JACKSON. Costs of former suit-Staying proceedings. 502 SUTHERLAND v. MCKINNON. Security for costs—Payment into Court in lieu of a bond—Interlocutory costs. 502 TABLE OF CASES. THE MANITOBA & N. W. R. CO. v. ROUTLEY. iii Interpleader issue-Abandonment by execution creditor-Sheriff's fees. THE EASTERN JUDICIAL DISTRICT BOARD v. THE CITY OF WINNIPEG. Judicial District Boards-Separation of Winnipeg from Selkirk—Winnipeg's liability to board-Equalized assessment-Judicial noticePleading-By-laws not under seal-Action for debt under statute. THE HALIFAX BANKING CO. v. THE DOMINION SALVAGE AND WRECKING CO. Courts of one Province cannot restrain proceedings in Courts of another Province-Proceedings by liquidator of insolvent company to restrain sale of goods by execution creditor-Laches. 494 503 490 THE BANK OF B. N. A. v. THE WESTERN ASS. CO. TODD v. Dun. Mercantile agency-Libel-Privilege. TOMLINSON v. THE NORTHERN RAILWAY CO. Examination of plaintiff before trial— Issue of forgery or personation—Ex parte order. 488 482 Third party-Costs-Indemnity-Rules 107, 108. 487 TOUSSAINT v. THOMPSON. Illegal contract-Agreement between one creditor and the debtor to purchase debtor's stock from assignee. 498 WARNER v. HOUSLEY. Exemption-Married women-Fi. fa. lands-Decree to enforce before return of fi. fa. goods. 496 WILKINS v. McLEAN. Reasons against appeal-Delay. 479 WOLTZ v. BLAKELEY, In Re. Prohibition-Division Court-Order for imprisonment-Division Court Clerk. 484 |