s. 3 of R.S.M. 1902, c. 91, and sub-s. (f) of s. 2 defining the meaning of the word "lands" by a fair interpretation of the words "as though charged in writing by the judgment debtor under his hand and seal," which should be read as implying such a charge as an adult could create.

Re South, 9 Ch. Ap. 369, distinguished on the ground that the wording of the corresponding English enactment, s. 13 of 1 & 2 Vict. c. 110, requires that the judgment debtor should have "had power to charge" the land.

2. Notwithstanding the provision in s. 21 of R.S.M. 1902, c. 48, that the land should "go to the personal representative" of the defendant's deceased wife, and no such representative had yet been appointed, yet the defendant had the beneficial interest. in the lands owned by the wife which was such an interest as would be bound by the registered judgment subject to any debts that might be proved against either of the estates. Martin v. Magee, 19 O.R., at p. 713, and 18 A.R., at p. 389, followed.

3. In the absence of an administrator to the estate of the defendant's wife, the plaintiff could not have any order for a conveyance by the administratrix of the wife's father's estate of her daughter's interest therein, and, therefore, such administratrix was neither a necessary nor a proper party to the action and should not have been joined as a defendant.

Wilson and Hartley, for plaintiff. Royal, for defendant.

Richards, J.]

[April 16.

COSENTINO v. DOMINION EXPRESS CO. Bailment Negligence-Involuntary bailee. The plaintiff's claim for $1,010 was based on the following facts. Wishing to send that amount to his brother in Toronto he procured at the office of the defendants an envelope such as they use in forwarding money by express, enclosed the bank notes, to the amount of $1,010, and mailed the letter and registered it. The letter reached Toronto, but was not delivered, owing to its being defectively addressed. The officials of the Dead Letter department at Toronto, guided by the printed matter on the outside of the envelope, enclosed the letter in one of their envelopes used for returning such letters, addressed it and sent it by registered mail to the defendants at Winnipeg. In due course it was delivered to the defendant's cashier, who received it in a protected cage or pen in which he performed his duties. After receiving the package the cashier, in ignorance of its contents, laid it unopened on the chief clerk's desk, which

stood open to the public and to all of the defendants' officials. The chief clerk was not at his desk when the package was placed there and said he never saw it and there was nothing to shew what became of it afterwards. The defendants' Winnipeg office had never before, apparently, received a registered dead letter.

Defendants claimed that they received the package, supposing it to have come in the ordinary course of their business; that they never knew, till after its loss, that it was of any special value; that they never assumed or were under any special obligation as to it; that they in fact took such care of it as was reasonable considering their ignorance of its value; and that, without negligence on their part, it was lost or was stolen by some one not in defendants' employ.

Held, that even if it could be assumed that the package had been lost or had been stolen by a stranger, the defendants were guilty of such negligence as to the package as to make them liable for its loss.

Though the defendants received the package without intending to become parties of it, they were under as great an obligation to take care of it as a finder of lost goods is under after he has voluntarily taken them up; and, according to Storey on Bailments, s. 85, such finder is bound to take the same reasonable care of them as any voluntary bailee by agreement. See also s. 83 (a) as to the liability of a riparian owner in respect of property cast upon his land by a river.

Hoskin, for plaintiff. Robson, for defendants.

Province of British Columbia.

SUPREME COURT.

MACLEAN v. CITY OF FERNIE.

Irving, J.] [March 14. Municipal law-By-law-Majority of three-fifths-Persons entitled to quash.

Certain persons not qualified, and others not authorized, having voted on a city by-law granting electric light and water franchises,

Held, 1. The by-law was defective and must be quashed.

2. Under s. 88 of the Municipal Clauses Act, as enacted by s. 24 of c. 52, 1902, only the applicant and the corporation have a status before the Court on proceedings to quash.

J. A. Macdonald, K.C., for the motion. A. E. McPhillips, K.C., contra.

Irving, J.]

LEVY v. LEVY.

[March 20.

Divorce-Practice-Affidavit of documents-Discovery tending to shew adultery.

In a petition for dissolution of marriage, the respondent applied for an affidavit of documents.

Held, on the authority of Redfern v. Redfern (1891) P. 139, that discovery will not be ordered of a party to divorce proceedings when it is sought for no other purpose than to prove such party guilty of adultery; but that, on respondent filing an affidavit shewing that discovery is not sought for the purpose of proving the adultery of the petitioner, but for the purpose of discovering documents relating to the matters in questions, other than the misconduct of the petitioner, discovery will be ordered. Walls, for petitioner. Helmcken, K.C., for respondent.

North-West Territories.

SUPREME COURT.

Sifton, C.J.]

RE LATIMER.

[Jan. 25.

Extradition-Evidence to justify-Offence under both foreign and Canadian law-Analogy to committal for trial for similar offence in Canada-Extradition Act, R.S.C. 1886, c. 142,

s. 11.

The duty of an extradition judge in hearing an information. for an extraditable offence is to order extradition if the evidence adduced, in the absence of contradiction, is such that a magistrate holding a preliminary enquiry in a similar case should commit for trial.

Semble, the extradition judge must be satisfied that the of fence disclosed in the information is criminal both under Canadian law and under the law of the demanding country and that it is within the extradition treaty.

James Short, for State of Pennsylvania. W. L. Walsh, K.C., M. S. McCarthy, and P. J. Nolan, for W. H. Latimer.

LAW SOCIETY OF UPPER CANADA.

The following shews the result of the recent election of Benchers:-H. H. Strathy, 822; G. F. Shepley, 793; M. Wilson, 769; A. B. Aylesworth, 747; G. Lynch-Staunton, 715; A. H. Clarke, 714; C. H. Ritchie, 708; D. B. Maclennan, 701; J. M. Glenn, 699; Donald Guthrie, 689; G. C. Gibbons, 683; F. H. Chrysler, 685; S. G. McKay, 674; Alex. Bruce, 635; John Hoskin, 634; W. Kerr, 624; W. R. White, 603; Walter Barwick, 602; E. S. Smith, 600; W. D. Hogg, 599; W. R. Riddell, 586; W. D. McPherson, 578; Jas. Bicknell, 575. G. H. Watson, 571; W. B. Northrup, 568; R. M. Dennistoun, 556; A. C. McMaster, 533; Z. A. Lash, 533; J. W. Nesbitt, 517; J. E. Farewell, 510.

UNITED STATES DECISIONS.

NEGLIGENCE MASTER AND SERVANT:-Negligence or error of judgment, of a competent foreman having authority to hire and discharge the men, in refusing to permit the selection, from a store of rope, of a piece sufficient for the use intended, and insisting upon the use of a piece which proves to be insufficient, is held, in Vogel v. American Bridge Co. (N.Y.) 70 L.R.A. 725, not to render the master liable for a resulting injury to a workman, since the risk of injury from such fault is assumed by the men as incidental to the execution of the work in its details.

A mason contractor is held, in Mooney v. Beattie (Mass.) 70 L.R.A. 831, to owe no duty to his employees to inspect stone received from the quarry to ascertain if it is free from explosives used to blast it from the quarry bed. The duty of a master to inspect materials upon which a servant is to work is the subject of a note to this case.

SALE BY SAMPLE.-A manufacturer who sells goods by sample is held, in Nixa Canning Co. v. Lehmann-Higginson Grocer Co. (Kan.) 70 L.R.A. 653, impliedly to warrant that they are free from any latent defect that could not be discovered upon ordinary examination of the sample. Warranty on sale of goods by sample is the subject of a note to this case.

BANKING:-A bank sends to another bank, which is its regular correspondent, for collection, a draft indorsed for collection and credit is held, in Garrison v. Union Trust Co. (Mich.) 70 L.R.A. 615, to have no right to assert its title against the lien upon the proceeds to which a third bank, to which the draft is forwarded for collection, is entitled in the ordinary course of business to balance its account against the intermediate bank.

RAILWAYS:-The refusal of the agent at the intermediate terminal to indorse a return-trip ticket, which indorsement, according to the terms of the ticket, is necessary to validate it, is held, in Texas & P. R. Co. v. Payne (Tex.) 70 L.R.A. 946, not to be a final breach of its contract, by the carrier, so as to preclude recovery by the passenger of any damages that may subsequently accrue; and, where the passenger is ejected from the train when attempting to use the ticket, under circumstances of humiliation, it is held that he may recover damages therefor.

That it is not negligence, as matter of law, for a passenger who is upon a train so crowded that he cannot find a seat, and becomes sick because of lack of proper ventilation, and tobacco smoke, to seek relief upon a platform when unable to reach a window, is declared in Morgan v. Lake Shore & M. S. R. Co. (Mich.) 70 L.R.A. 609.

CHRISTIAN SCIENCE:-A statute making it a misdemeanour to give Christian Science treatment for a fee is held, in State v. Marble (Ohio) 70 L.R.A. 835, not to be an interference with the rights of conscience and of worship.

OLD FOLKS' HOMES:-An agreement by an applicant for admission to an old folks' home to deliver to it all property which he may subsequently become the owner of, in consideration of maintenance during life, is held, in Baltimore Humane Soc. v." Pierce (Md.) 70 L.R.A. 485, to be void as against public policy. The question of validity of agreement to transfer future-acquired property in consideration of maintenance is treated in a note to this case.

MUNICIPAL LAW:-Knowledge of a policeman concerning a defect in a street is held, in Cleveland v. Payne (Ohio) 70 L.R.A. 841, not to be such notice to the municipality as to make it responsible for damages resulting from the defect, in the absence of any statute or ordinance charging policemen with the duty of repairing or looking after the streets.