in, and the certificate re-signed as of a later date; and this was ordered in a case where the solicitor for the party objecting had himself taken out the certificate, intending to appeal from it, but at the moment not remembering that it was necessary to carry in objections in writing, and had promptly applied for relief.

Order of MAGEE, J., affirmed.

In re Furber, [1898] 2 Ch. 528, followed.

J. C. Hamilton, for plaintiff. Joseph Montgomery, for defendants.

Boyd, C., Street, J., Mabee, J.]

IMPERIAL CAP Co. v. COHEN.

[Jan. 24.

Sale of goods-Contract-Statute of Frauds-Order for goods -Agency-Correspondence.

The travelling salesman of a wholesale dealer is presumably not authorized by the customer who buys from him to sign a contract for the customer as purchaser; and this presumption is not rebutted by a written memorandum of the order being made in the purchaser's presence and a duplicate given to the latter; the entry of the purchaser's name made by the salesman is not evidence per se of his agency.

Held, upon the facts of this case, that there was nothing upon which the Court could conclude that the vendors' agent was acting, as the agent of the purchaser, and the subsequent letters of the purchaser did not identify the contract; and therefore the Statute of Frauds was an answer to a claim for the price of goods for which an order was orally given by the defendant to the plaintiffs' agent, but which the defendant refused to accept. Judgment of District Court of Algoma reversed.

J. E. Jones, for defendant. Middleton, for plaintiffs.

Boyd, C., Clute, J., Mabee, J.]

BRADLEY V. ELLIOTT.

[Jan. 25.

Vendor and purchaser-Contract for sale of land-Specific performance-Authority of agent-Statute of Frauds-Memorandum in writing-Absence of vendor's name-Inadequacy of price.

In an action to enforce specific performance of an alleged contract for the sale of land the only written memorandum of

the contract was a receipt for $100 "in part payment of lot 16," etc., describing it, mentioning also the balance of the price and the purchaser's name, but not disclosing the name of the vendor, and signed "P. W. Black, agent.

Held, that this was not sufficient to satisfy the Statute of Frauds, parol evidence to supply the name of the vendor not being admissible.

Semble, also, on the evidence, that the agent had no authority to bind the vendor by executing a contract, and that, on account of the inadequacy of the price, the Court would be slow to enforce specific performance.

Judgment of FALCONBRIDGE, C.J.K.B., reversed.

H. L. Drayton and Slaght, for defendant. Middleboro, for plaintiff.

Boyd, C.]

ASHLAND Co. v. ARMSTRONG.

[March 14.

Security for costs-Foreign corporation-Residence-63 Vict.

c. 24 (0.)

To satisfy the terms of Con. Rule 1198 a corporation must be incorporated and have its head and controlling office within the jurisdiction where its business is carried on, and "residence," as contemplated by the practice as to security for costs, is not implied where a foreign corporation has only a constructive residence through agents acting in its business interests and licensed so to do in a comparatively small and transient way as the plaintiffs in this action; and the evidence not disclosing sufficient property of the plaintiffs within the jurisdiction they were ordered to give security for costs. Judgment of a local Master affirmed. C. A. Moss, for plaintiffs. Slaght, for defendant.

Boyd, C.]

ATTORNEY-GENERAL V. HARGRAVE.

[March 21.

Action-Attorney-General-Action to avoid Crown mining leases -Misrepresentation-Jurisdiction.

Where an action was brought by the Attorney-General of the province to repeal and avoid mining leases of public lands of Ontario alleged to be granted by the Crown through misrepresentation and fraud on the part of the defendants, and the defendants set up in their defence matter attacking his status as

suing not in the interests of the public, but at the mere private solicitation of interested individuals.

Held, confirming the Master in Chambers, that this portion of the defence was objectionable and should be struck out because not open to investigation in this Court, inasmuch as the exercise of the discretion of the Attorney-General, as representing the Crown in the commencement and conduct of litigation, is not subject to the control of the Court.

Ballantyne, for plaintiff. Johnston, K.C., for defendant.

Full Court.]

Province of Nova Scotia.

SUPREME COURT.

THE KING . BONNEVIE.

[Feb. 15.

Criminal law-Suspended sentence-Previous conviction. Under the provisions of the Criminal Code, s. 971, where a prisoner is convicted of an offence punishable with not more than two years' imprisonment "and no conviction is proved against him," the Court, in consideration of the trivial nature of the offence or of any extenuating circumstances, instead of at once sentencing the prisoner, may direct his release on his entering into a recognizance, etc.

Held, that the proper time for proving the previous offence under the provisions of this section of the Code s not upon the trial, but afterwards. And when there has been a previous conviction which has not been called to the attention of the magistrate, but of which he has a personal recollection, it is his duty to proceed on his own initiative and to inform himself by sending for witnesses or documents, and he may do this when the prisoner comes before him for sentence.

J. J. Power, for prisoner. Attorney-General, for the Crown.

Full Court.] CITY OF HALIFAX 2. WALLACE.

[Feb. 15.

Municipal corporation-Rates and taxes-Sale of property after assessment-Personal liability of vendor.

A lot of land owned by defendant was assessed for rates and taxes for the year 1903-1904 and on the 15th March the

book of general assessment was delivered to the collector of rates and taxes. On the 25th April, 1903, defendant conveyed the land to the ladies of the Sacred Heart Convent, who at once took possession. Under the provisions of City Charter s. 302 the annual assessment is required to be made up and delivered to the collector not later than the 15th of March in each year, and (s. 303) is to be rated on the owners of real and personal property by an equal dollar rate, and by other sections provision is made for the recovery of the amount in proceedings to be taken against the owner of the property. It being clear from the wording of the Act that in addition to the lien on the property there is also a personal responsibility on the part of the person assessed.

Held, that the owner of the property, when the property had once been assessed in his name, could not escape such liability by parting with the property.

F. H. Bell, for plaintiff. T. J. Wallace and J. Terrell, for defendant.

A married woman will not be appointed sole guardian of the person and estate of an infant.

PORTWARDENS OF SAINT JOHN v. MCLAUGHLAN.

Portwardens-Fecs of office-Competition.

Portwardens appointed by the City of St. John have no exclusive right to examine hatches of vessels arriving at the port so as to entitle them to fees for the services paid to an outside

person.

C. A. Skinner, K.C., for plaintiff. A. O. Earle, K.C., and J. R. Armstrong, K.C., for defendant.

Barker, J.]

[Oct. 20, 1905.

EASTERN TRUST Co. v. JACKSON.

Donatio mortis causa-Evidence-Delivery for safe-keeping.

A person on his death-bed handed to his wife out of a satchel which he kept in a closet of his bedroom $2,000 in bonds and $1,550 in cash, telling her to "take them and put them away; wrap them up and lock them up in your trunk." At the same time he handed to her a pocket book containing $150, saying that it was for present expenses. A few minutes later he handed to his business partner remaining contents of satchel, consisting of $1,000 belonging to the firm. Subsequently he made a will bequeathing to his wife $3,000, a horse, two carriages, and all his household effects; to his partner his interest in partnership property; to two grand-nephews $500 each; and to nieces and nephews the residue of his estate. His private estate was worth about $8,000. When giving directions for the drafting of his will, on the amount of the legacies to his wife and grand-nephews being counted up, he said, "there is more than that."

Held, that there was not a donatio mortis causa to the wife, the deceased intending no more than a delivery for safe-keeping. J. A. Belyea, K.C., for plaintiff. A. O. Earle, K.C., for

legatees. A. J. Gregory, K.C., for Mrs. Jackson.

Barker, J.]

EVANS v. EVANS.

[Dec. 19, 1905.

Husband and wife-Purchase in wife's name-Gift.

Where property purchased by a husband as a home for himself and wife was by his direction conveyed to her, so that the title might be in her in case of his death, it was held that a gift was intended, to take effect upon his death if she should survive him:

A. J. Trueman, K.C., and W. H. Trueman, for plaintiff. W. B. Wallace, K.C., and E. S. Ritchie, for defendant.