SUGGESTIONS FOR MEMORIAL TO CHRISTOPHER ROBINSON. 99 the title is conferred as a mark of honour and distinction like the degree of "doctor," and to give him certain rights of preaudience in Court. The desire of the profession to perpetuate the memory of the late Christopher Robinson finds expression in various suggestions. The Ottawa Bar suggest the erection of a statue. Others would prefer the founding of a scholarship in connection with the Law Society, or possibly the University of Toronto. Others would like (and this should be done in any event) a brass tablet to be placed in the historic Cathedral Church of St. James, Toronto. As to the first suggestion it is questionable whether it would be possible now to produce a statue which would sufficiently portray his likeness and figure. Statues, also, are becoming common. In Lord Bacon's apothegms we find the following: "Cato the elder, what time many of the Romans had statues erected to their honour, was asked by one in a kind of wonder why he had none. He answered, 'He had much rather men should ask and wonder why he had no statue, than why he had a statue.'" Speaking for ourselves we should prefer, as most appropriate, the suggestion to found a law scholarship to be held by a student of Toronto University. In connection with this matter we give the following extract from the annual report of the Board of Trustees of the County of York Law Association: "The Trustees have had under consideration the question of honouring in a suitable manner the memory of Mr. Robinson, by a memorial which shall be lasting and at the same time appropriate and worthy of that eminent member of the profession, whose loss is so deeply deplored by all. At the first meeting of the Trustees after his death the following resolution was adopted: "The Trustees of the County of York Law Association desire to place on record their deep sense of the loss sustained by the lamented death of Mr. Christopher Robinson, K.C. So many eloquent tributes have already been paid to his memory that we can only add to them a few words of admiration and respect. We recall with pleasure that he was one of our first Presidents, and that we owe to him some of the most valuable books on the shelves of our library. For upwards of half a century he worthily upheld the highest traditions of an honourable profession. His reputation extended far beyond the confines of this Province, and of the Dominion. He represented the cause of Canada before two great International tribunals, winning the admiration of the English-speaking world by his efforts on her behalf. He was 'A man who lived in honour, died in fame, 'And left on memory's page a stainless name. The report continues as follows: "The Trustees feel assured that if an appeal be made to perpetuate Mr. Robinson's memory, it will meet with universal and hearty response from the members of the profession throughout the Dominion. The Trustees recommend that the Toronto Bar should co-operate with the Bar of the Province and with others who were his friends and admirers in taking the necessary steps to perpetuate his memory in a fitting manner, and that they be authorized to appoint a committee for that purpose which shall form part of a general committee to be formed with all convenient speed." The Law Quarterly Review for January last refers to the loss sustained by the death of the late Mr. Christopher Robinson, K.C., as follows: "Since our last issue death has removed a very prominent member of the Ontario Bar in the person of Mr. Christopher Robinson, K.C., of Toronto, Canada. Apart from his professional eminence, it is perhaps seldom in any community that the death of a private citizen has been followed by such an outburst of appreciation for his general personal qualities as has followed that of Mr. Robinson. The resolutions of public bodies, and leading articles in the local papers, representing every variety of political view, together with the accounts the latter give of the crowds which attended the funeral service, all bear witness to the extraordinary esteem in which he was held by the members of the community in which he passed his life." REVIEW OF CURRENT ENGLISH CASES. DAMAGES SUBSIDENCE - MEASURE OF DAMAGES INJURY. PROSPECTIVE Tunnicliffe v. Leigh Colliery (1905) 2 Ch. 390 was an action to recover damages occasioned by the subsidence of land caused by defendants' mining operations, and the question of damages was referred to a referee who assessed the damages down to the date of the judgment, but in doing so made an allowance for the present depreciation in value caused by the risk of a future further subsidence. From this finding the defendants appealed, and Eady, J., held that the referee had erred in principle, and that nothing should have been allowed for the possibility of any future subsidence, as to do so might have the effect of compelling the defendants or their successors in title, to pay twice for the same damage. WILL-CONSTRUCTION-CHARITABLE GIFT "CHARITABLE, EDUCATIONAL OR OTHER INSTITUTIONS" IN A NAMED PLACE.-(R.S.O. c. 333, s. 6). In re Allen, Hargreaves v. Taylor (1905) 2 Ch. 400, a testator bequeathed money to trustees, "upon trust for such charitable, educational or other institutions in the Town of Kendal, and also for such other general purposes for the Town of Kendal or any of the inhabitants thereof, as my trustees shall in this absolute, uncontrolled discretion think fit." And the testator without in any way binding the trustees recommended to their attention the claim of four specified charitable institutions of the Town of Kendal. It was contended that the general words in the bequest had the effect of rendering the gift void because it was within the discretion of the trustees to apply the gift to purposes which were not "charitable" within the Statute of Elizabeth (R.S.O. c. 333, s. 6); but Eady, J., upheld the bequest as a good charitable bequest, because, on the true construction of the clause, the purposes for which the money could be applied were all limited to general or public purposes for the benefit of the Town of Kendal and its inhabitants. CONFLICT OF LAWS-POWER OF APPOINTMENT-TESTAMENTARY EXECUTION OF GENERAL POWER-FOREIGN DOMICIL-INATTESTED WILL EVIDENCE OF INTENTION-WILLS ACT, 1837 (1 VICT. c. 26) ss. 9, 10, 27—(R.S.O. c. 128, ss. 12, 13, 29). In re Scholefield, Scholefield v. St. John (1905) 2 Ch. 408. Kekewich, J., following In re D'Este (1903) 1 Ch. 898 held that the provisions of s. 27 of the Wills Act (R.E.O. c. 128, s. 29) to the effect that a general testamentary power of appointment may be exercised by a general bequest not referring either to the property or the power unless a contrary intention appears in the will, does not apply to a will which is not executed in accordance with the Wills Act, though it be a valid will according to the place of domicil of the testatrix, and as such admitted to probate in England; and that such a will cannot be implemented by unsigned memoranda in the handwriting of the testatrix shewing an intention on her part that the subject matter of the power should pass to the legatee named in the will, although such evidence would be admissible according to the law of the place where the will was made; because the question of the execution of the power, must, in such case, be determined upon evidence admissible by the law of England. EXPROPRIATION OF LAND-STATUTORY POWER-DIVERSION OF LAND TO OTHER THAN AUTHORIZED PURPOSES. Atorney-General v. Pontypridd (1905) 2 Ch. 441 deserves a short notice, though decided under special statutes, because it lays down the principle that where land is authorized by statute to be expropriated for a specific purpose, it is not competent for the expropriators to divert it to some other purpose. In this case, under statute, a municipal body expropriated certain land for establishing a generating station for the supply of electricity, and on part of the land not required for that purpose they erected a refuse destructor to be worked in connection with the generating station, and it was held by Farwell, J., that this was ultra vires of the municipal body, and an injunction was granted restraining the use of the destructor buildings erected on the lands expropriated otherwise than for the production of electricity. Quebec.] REPORTS AND NOTES OF CASES. Dominion of Canada. SUPREME COURT. [Nov. 27, 1905. QUEBEC SOUTHERN RY. Co. v. CITY OF SOREL. Municipal by-law-Railway aid-Condition precedent-Part performance-Assignment of obligation-Notice-Signification -Art. 1571 C.C. An action for the annulment of a municipal by-law will lie, although the obligation thereby incurred be conditional and the condition has not been and may never be fulfilled. Where a resolutory condition precedent to payment of a bonus to a railway, under a municipal by-law in aid of construction and operation of works, has not been fulfilled within the time limited on pain of forfeiture, an action will lie for the annulment of the by-law at any time after default notwithstanding that there may have been part performance of the obligation undertaken by the railway company and that a portion of the bonus has been advanced to the company by the municipality. In an action against an assignee for a declaration that an obligation has lapsed and ceased to be exigible on account of default in the fulfillment of a resolutory condition exception cannot be taken on the grounds that there has been no signification of the assignment as provided by art. 1571 of the Civil Code of Lower Canada. The debtor may accept the assignee as creditor and the institution of the action is sufficient notice of such acceptance. The Bank of Toronto v. St. Lawrence Fire Ins. Co. (1903) A.C. 59 followed. Appeal allowed with costs. Beaudin, K.C., and Belcourt, K.C., for appellants. Beique, K.C., and Robertson, for respondents. Quebec. I HUARD V. GRAND TRUNK RY. Co. [Nov. 27, 1905. Negligence Railways - Collision - Traffic agreement - Negligence of employee-Joint employ. Where injuries resulted from a collision between two Intercolonial Railway trains negligently permitted to run in opposite directions on a single track of a portion of the Grand Trunk |