plaintiff bank for $6, an employee of the payee erased the name and the amount, substituted his own name and $1,000, indorsed the altered cheque and deposited it to his credit with the defendant bank. The defendants refused to advance more than $25 on the cheque until they should learn that plaintiffs would pay it. The defendants stamped the name of their bank on the back of the cheque and put it through the clearing house in the usual way, after which it was paid by the plaintiffs. Defendants then honoured the cheques of the forger for $800 more, after which the forgery was discovered. Either bank, before paying the cheque, might easily have ascertained the forgery by communicating by telephone or otherwise with the Provincial Treasurer's office. Held, following Rex v. Bank of Montreal, 11 O.L.R. 595, that the plaintiffs could only recover from the defendants the balance of $175 still in their hands, which, in their statement of defence, they had offered to pay, and that the stamping of the name of the defendant bank on the back of the cheque was not, under the circumstances, an indorsement of it but was only for the purpose of identification and to indicate that the cheque was the defendants' property. Wilson and Frank Fisher, for plaintiffs. Munson, K.C., and Laird, for defendants. Province of British Columbia. SUPREME COURT. Irving, J.] REX v. JIMMY SPUZZUM. [Oct. 23. Criminal law-Evidence, admissibility of-Complaint in case of rape-Questions put to complainant by her aunt the following day. In a trial on an indictment for rape, the Crown offered as a witness an aunt of the complainant, who went to the latter's house on the afternoon of the day after the alleged rape, and put to the complainant certain questions. Held, (overruling an objection that what complainant said in answer to questions was in the nature of conversation and not complaint, and following Rex v. Osborne, (1905) 74 L.J. K.B. 311, and it not appearing that the questions were of a leading or suggestive character, that the evidence was admissible. McQuarrie, for the Crown. Myers Gray, for accused. Full Court.] [Nov. 10. STAR MINING AND MILLING Co. v. B. N. WHITE CO. (Foreign). Practice Appeal-Trial-Security for costs. The action proceeded to judgment and plaintiffs duly appealed, but the appeal was stood over several sessions of the appeal Court for want of a competent quorum. Defendants then applied under s. 114 of the Companies Act, 1897, for security for costs of the action and of the appeal. Held, affirming the decision of HUNTER, C.J., that by s. 101 of the Supreme Court Act, as amended by c. 15 of the statutes of 1905, the legislature intended that all appellants should be placed on the same footing as regards the limit of security. Bodwell, K.C., and Lennie, for appellants. Davis, K.C., and S. S. Taylor, K.C., for respondents. Book Reviews. The Law of the Domestic Relations, including Husband and Wife: Parent and Child: Guardian and Ward; Infants, and Master and Servant, by WILLIAM PINDER EVERSLEY, B.C.L., M.A., of the Inner Temple, Barrister-at-law (third edition), London: Stevens and Haynes, law publishers, Bell Yard, Temple Bar. And Toronto: And Toronto: Canada Law Book Co., 32 Toronto Street, 1906. An excellent work, scientific in arrangement and clear in expression. The prefaces of the present third edition, and the second edition (published ten years ago) set forth the develop ment and changes which have taken place, and are taking place in the two great relations in life: husband and wife and parent and child. The former in the direction of the separation of husband and wife in regard to business relations, which, however, as the author points out, gives opportunities for frauds, too frequently noticed in cases recently before the Courts, and which those who have occasion to deal with husbands and their wives as traders have found to their cost. The struggle which has taken place between the legislature and judges in regard to the relation of husband and wife ought to be and surely might be put an end to by some sweeping legislative enactment, which would both prevent such frauds, and at the same time give wives proper freedom as to property. As to infants, the tendency to interference, both by the legis lature and the Courts, with parental and tutorial control of young persons is very marked. This has been a boon to those unfortunates whose parents realize nothing of their responsibility to their prodigy, but it is a tendency which has its dangers, and some of the necessary results of this are being seen, and may be looked upon as one of the signs of the times. The bulk of the work is taken up with these two subjects. The law of Master and Servant is not treated at any length; nor is there any need when we have the great work of Mr. Labatt on that subject to refer to, a work which covers the whole ground, and is as remarkable for its accuracy as for its industry and research. Digest of cases determined in the Ontario Courts, Supreme and Exchequer Courts of Canada, and Canadian appeals to the Judicial Committee of the Privy Council. This is the first quinquennial supplement to the digest of Ontario case law, and has been prepared by Edwin Bell, LL.B., Barrister-at-law, under the instructions and by the authority of the Law Society of Upper Canada. The work seems to have been done with the care and intelligence that Mr. Bell gives to his legal literary work. Toronto, Canada Law Book Co., Limited, 32 Toronto Street. ANALYTICAL INDEX Of the Contents of this Volume. Absconding debtor- Form of affidavit for arrest, 769 Accident- See Bees-Fatal Accidents Act-Lord Campbell's Act. Accord and satisfaction- Return of article purchased, 614 Account stated— Admission of liability is a promise to pay, 269 Acquiescence- After knowing of misrepresentation, 361 Action- Death of plaintiff-Revivor-Crim. Con., 71 Administration- Advances out of lunatic's estate-Hotchpot, 226, 680 Statute of Limitations-Co-executors, 337, 712 Marshalling assets-Debts charged on lands, 347 Probate action-Costs out of estate-Liability of real estate for, 506 See Lunatic. Administration of justice- See Legal administration. Admiralty- See Maritime law. Adulteration- Purchase of sample for analysis, 341 Advertisements- Contracts for display, on buildings, 57 Agent- See Principal and agent. Alimony- Cruelty Evidence-Condoned acts, 113 Misconduct before marriage-Condonation, 198 Property in wedding presents, 198 Costs-Scale, 204 Cruelty-Cumulation of circumstances-Apprehension of violence, 356 Amendment- See Practice. Appeal- In criminal cases in England, 414, 582 Ground of, not raised at trial, 403. From findings of fact, 610 Different motion on the appeal from that in Court below, 716 To Privy Council-Winding-up order, 41, 430 Appealable case, 60, 235, 311 Rules as to appeals, 88 Allowing security-Amount exceeding $4,000, 235 Leave to prove value, 235 Dismissed as incompetent-Special leave, 311 To Supreme Court. From Quebec-Jurisdiction, 161, 507 Winding-up Act-Must be a final judgment, 184 To Court of Appeal, Ontario. From order for new trial-Security-Stay, 67 Matter not of general interest and amount small, 760 Under Liquor License Act-Justice of the peace, 193 Appearance- Withdrawal of-Conditional, 193 Appointment- See Power of appointment. Arbitration- Right of appeal, 276 Setting aside award, 326 Restraining by injunction, 398 Arbitration clause in statute ousts jurisdiction, 597 Architect- Scope of authority-Agency, 631 Arrest- Ca. sa.- Absconding debtor-Affidavit for arrest, 769 Assault- Forcible removal of trespasser, 120 See Constable. Assessment- See Certiorari-Taxes. |