HONORABLE JAMES HORSFIELD PETERS,
MASTER OF THE ROLLS AND ASSISTANT JUDGE OF THE SUPREME COURT
ATTORNEY GENERAL v. WESTAWAY,
(Road Compensation-On information against owner
of land for preventing opening of new road laid out by
Commissioners under 14 Vic., Cap. 1, sec. 14, being
opened, it must be alleged that it ran through defend-
ant's land,)
(Support of poor relations-Son-in-law not liable under
7 Vic., Cap. 7, to support wife's father,)
(Public Wharf-power of Governor and Council to
make regulations under 15 Vic., Cap. 34--cannot im-
pose excessive rates on some boats or head money on
passengers going by them-the term vessel does not
comprehend boats,)
(A person employed as a shopman, and who lives in
employer's house, liable to conviction under the Ser-
vant's Act 3, Wm. 4. Cap. 26,)
(Absent Debtor Act-Summons to Trustee or Gar-
nishee must be served by Sheriff-none but defendant
in the suit can take advantage of a mere irregularity
-but a stranger may object to irregularity which ren-
ders proceedings void,)
BRECKEN & UXOR v. WRIGHT,—
(Construction of Will-acquiescence,)
(Merchant Seaman Act 28 Vic., c. 18, s. 22-though
jurisdiction of Justices is confined to £50-where
Justices to ascertain balance enquired into accounts
exceeding £50, Court will not set aside Judgment,)
BELL, ROBERT, in the matter of,—
(Appeal from Insolvent Court-to sustain a charge of
undue preference, the payment or transfer must be
voluntary, i. e. originating with the debtor-if made in
consequence of threat or pressure, or in expectation of
procuring further advances, it is not voluntary,)
BANK OF P. E. I. v. McGOWAN, SHERIFF,—
(Escape-Limit Bond-Where prisoner has given a
Limit Bond under 12 Vic., cap. 1, S. 1, and escapes be-
fore Bail justify, Debt for, Escape does dot lie against
the Sheriff-Action must be under the Statute for a
breach of the Bond,)
CORMACK v. WORREL,—
(Absent Dabtor-Agent may defend first trial without
waiving principal's right to rehearing,)
COLLEGE, ST. ANDREW'S, v. GRIFFIN AND OTHERS,(Corporation cannot demise lands by parole,)
COMPTON v. CROSSMAN,
(Replevin-One seal to a deed by several grantors
sufficient, if it appears that each intended to use it-
Until entry Widow has no right to Dower-Where
reserved rent was £5 and a ton of hay and avowry
alleged only the money to be due without acknowl-
edging satisfaction for the hay held no variance,)
CALLIGAN, APPLT. v. HOBKIRK, RESPDT.,-
(Highway-to constitute right of way by user short of
20 years, evidence must shew owner's intention
to dedicate Where A grants a piece of land
to B, and afterwards lays off the residue in Building
Lots with Streets for the convenience of his grantees,
B acquires no right to use the Streets,)
(Redemption of Land sold for tax under 11 Vic., c. 7,
sec. 12-Relation of owner and purchaser-Purchaser
not allowed for clearing wild land, nor for cost of new
buildings-Purchaser claiming for improvements
must prove exactly what each improvement was,)
(Sheriff's fees-Sheriff levying on land under Execu-
tion not entitled to poundage if debt paid to plaintiff
before day of sale-Quaere if entitled to poundage where
land levied on, in any case unless he receives and
pays the money,)
(Judge at Chambers will not discharge a prisoner
committed by Court of Governor and Council for con-
tempt in not paying alimony pursuant to decree,)
DOE D. COLVILLE & OTHERS v. MARTIN,-
(Ejectment-Statutes of Limitations-When tenancy
at will merely converted into tenancy at sufferance,
owner barred in 20 years from end of first year of ten-
ancy at will.-Acknowledgment of title under 11 Sec.
must admit right to possession-Discovery of new
evidence-when new trial granted for, in ejectment,)
DOE D. TULLIDGE v. ORR,—
(Statute of Limitations-of possession-death abroad
after may years' absence without receipt of any rents
and profits not necessarily a discontinuance of posses-
sion-the return of owner who was under disability at
passing of Act and who has sold while under, such
disability-does not determine the disability,)
(Land Tax Sale under 11 Vic., Cap. 7,-Want of Notice
of sale cured by the 22 Sec.-Sheriff's deed void if
lands not described by metes and bounds at time of
sale,)
(Judgment as in case of nonsuit-Plaintiff must shew
that the not proceeding to trial according to Notice
was not caused by his own negligence,)
DOE D. STEWART v. MCPHEE,
(Ejectment for want of property to distrain-where
bailiff in searching for property to distrain on—in pass-
ing hovel asked tenant if it contained property, and he
answered, no-held tenant was not estopped on trial
from shewing that it contained property,)
DOE D. McDONELL v. McISAAC,—
(Perpetuity-Determinable Fee-Trustees' Estate-
where with respect to the two first trusts, the trustees'
estate would only be commensurate with the trusts,
but the other trust required the fee-held that the
latter trust being void the trustees' estate determined
on the expiration of the first trusts,)
DUNCAN, HODGSON & ROBERTSON v. THE MONTRE-
AL ASSURANCE COMPANY,-
(Policy partly printed and partly written-Insurance
-Warranty-time of sailing-Where ship insured in
time, policy covering- -date of sailing from Liver-
pool-with liberty to sai! from Charlottetown not later
than 15th December, sailed from Charlottetown on
the 17th of December-held underwriters not liable
-policy partly printed and partly written, all must be
constructed together if possible, if not the writing
prevails.
(Riparian owner of stream-Has right to the water in
its natural course, without interruption in quantity, or
retardation of flow-Action lies for injury to right,
though no actual damage sustained,)
(Injunction-Running Water-Mere recovery at Law
for injury to right of riparian owner does not per se,
entitle him to injunction, but equity will restrain if
injury substantial or recurring,)
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