RECEIVER. See RAILWAYS, 5. REGISTRATION. makes provision for the giving of special security for the payment of moneys under sec. 107 : Held, that the bond given by the defendants must be taken to be restricted to the performance by the Registrar of the duties imposed upon Of judgment for alimony.]-See him other than the duty imposed by ALIMONY. REGISTRY LAWS. sec. 107; and the action was dismissed. County of Middlesex v. Smailman et al., 349. 1. Registration of subsequent deed 3. Registry Act-Actual notice— -Priority-Proof of valuable con- Imputed notice--Relief on ground of sideration.-Registration of a sub- mistake-Subrogation-R.S.O.1887, sequent deed will not give priority ch. 114, sec. 80.]-The plaintiff over another unregistered deed from registered a lien against certain the same grantor, prior in point of lands. On the day before such time, unless a valuable consideration registration the defendant, an intendfor the former is proved. Mere ing purchaser, had searched the production or registration of the registry and found only two incuminstrument by the party claiming under it is not sufficient proof for this purpose. Barber et al. v. McKay et al., 46. brances registered against the property. Shortly after the defendant completed his purchase, and having paid off the two incumbrances, registered discharges thereof with 2. Bond for performance of duties his deed of purchase, but as he did of office of Registrar- Payment to not make a further search, he did municipality of portion of fees-not discover the plaintiff's lien :--Liability or sureties-R. S. O. ch. 114, secs. 13, 107.]-Action upon a bond of the defendants as sureties for a Registrar of deeds, dated 8th January, 1886, to recover the portion of fees received by him which he should have paid over to the plaintiffs under the Registry Act, R. S. O. ch. 114, sec. 107. The bond was in the form prescribed by schedule A. of the Act, and was conditioned for the performance of the duties of the Registrar's office and against neglect or wilful misconduct in office to the damage of any person or persons. The form was prescribed before the introduction of the provisions now contained in sec. 107 of the Registry Act, which by sec. 13 Held, affirming the decision of Falconbridge, J., that the defendant was entitled to stand in the place of the incumbrancers whom he had paid off, and to priority over the plaintiff's lien. The Registry Act does not preclude inquiry as to whether there was knowledge in fact; and the Court was not compelled as a conclusion of law to say that the defendant had notice of what he was doing, and so could not plead mistake. Brown v. McLean, 18 O. R. 533, specially considered. Abell v. Morrison, 669. RIGHT OF WAY. See WAY. SALE OF GOODS. Intention of purchaser to set-off a claim against vendor-Fraud.]— The plaintiff with the intention of parting with the possession and property in certain flour made an absolute sale of same, on apparently short terms of credit, to defendant, who withheld from plaintiff his intention to pay for the flour by setting up a claim he had acquired against the plaintiff : Held, that this did not constitute a fraud on the defendant's part so as to entitle the plaintiff to disaffirm the contract and replevy the flour. Baker v. Fisher, 650. SALE OF LAND. Agency Association-Colonial Secu5, (0.)—36 Vic. ch. 121, sec. 5, (O.) rities Company-32 Vic. ch. 62, sec. —R. S. O., 1887, ch. 1, sec. 8, sub-s. 47.]-On a reference as to title to land, it appeared that one H. enAssociation to invest for her on trusted certain moneys to a Loan the Association should guarantee to mortgage, under an agreement that her payment of interest at seven per cent. and in consideration thereof should retain to their own use all interest over that rate. The mortgage, which recited the said agreement, was taken to the trustees appointed by the Association, and was made in 1861. By 32 Vict. ch. 62, sec. 5, (O.) all lands, mortgages, &c., held by trustees of the Association were to be deemed vested in the C. S. Company, so that the same might 1. Agreement-When payment to be sold, assigned, &c., by the latter. be made-Title - Prior mortgage- Subsequently the mortgagor released Time to take possession—Interest.]—his equity of redemption to the C. In an agreement for the sale of land S. Company, in full satisfaction of it was provided that the cash pay- the mortgage moneys, but not so as ment should be made and the mort- to merge the mortgage. By 36 Vic. gage for the balance given, "so soon as the solicitors for the purchaser shall be satisfied with the title:"Held, that the meaning of the contract was that payment was not to be required, until such title was shown as would justify the purchaser in taking possession, and following to the vendor. Wells v. Maxwell, 32 Beav. 552, that Held, that, inasmuch as the above no satisfaction being given as to a | Acts made no mention of H., the prior mortgage affecting the land until two years after the agreement, the purchaser could not prudently take possession until then, and interest on the purchase money should only be allowed from that time. McLean and Walker, 161. ch. 121, sec. 5, (O.) all lands mortgages, &c., held by the C. S. Company, were to be deemed vested in the C. T. Company, so that the same might be sold, assigned, &c., by the C. T. Company. Afterwards the latter company conveyed the lands vendor could not make a good title. free from her claim, who, unless the moneys advanced by her had been repaid, was in equity substantially the owner of the mortgage, and i Re she chose to adopt the act of the trustees in taking a conveyance of the equity, then of the land. Muck2. Title to land-Private Acts—lin v. Dowling, 441. Equitable interest - Person Person not named in Private Act Canada SEDUCTION. Action by brother service Infant defendant Loss of - Certain shares not numbered or capable of identification, transferable on the books of a company, were the appointment of guardian-Rules transferred by the plaintiff to as security for 261, 313.]-In an action for seduc- brokers, "in trust tion it appeared that the plain- tiff's transferees afterwards transpayment of a loan. The plaintiff was the brother of the girl se- ferred the shares to others as security duced; and that the girl, though in the service of another person, yet them than were due by plaintiff to for other and larger sums due by (by agreement with her mistress, them. Each transfer subsequent to entered into at the time of her enthat of the brokers was made "in gagement) was at liberty to perform, trust." and did perform certain services at home for the plaintiff, under contract with him for which she received compensation: Held, that the plaintiff was entitled to maintain the action. Rist v. Faux, 4 B. & S. 409, specially referred to; Thompson v. Ross, 5 H. & N. 16, distinguished. It also appeared that the defendant was not quite of age, and that no guardian had ever been appointed, but that the fact of infancy was wellknown to the defendant's parents and to the solicitor and counsel who appeared for him at the trial, and no objection on this ground was taken till this motion before the Divisional Court: Held, that under Rules 261 and 313, the appointment of a guardian was not imperative; the Court had a discretion; and in this case the judg ment obtained against the defendant at the trial should not be interfered with. Furnival v. Brooke, 49 L. T. N. S. 134, followed. Straughan v. Smith, 558. The plaintiff was aware that the brokers were raising money on his shares, but was assured by them that he could redeem his stock on payment of the amount due by him. deem the shares, in an action by the The brokers being unable to replaintiff against the last transferees, who had sold them for a large sum after tender by plaintiff of amount due by him, to compel them to account for their value : Held, that the form of the transfer to the last holders was sufficient to put them on enquiry, and that they were chargeable with notice of the facts and of the plaintiff's rights in regard to the shares; and that he was entitled to the value of the stock borrowed on it from the brokers, after payment of the amount he had and that the value of the shares was to be taken at their highest market value between plaintiffs tender and the conclusion of the trial herein. Duggan v. The London and Canadian Loan and Agency Company et al., 272. SHARES. Pledge of for loan-Transfers "in SPECIFIC PERFORMANCE. Discovery of want of title-Repu trust" Pledge by transferee for diation on other grounds-Control larger loan-Notice of trust-Right of title-Fraud.]-To an action for to redeem - Measure of value.]-specific performance of an agreement for the exchange of lands the agreement was admitted, the only defence being fraud and a repudiation therefor. A month prior to the trial, the defendant ascertained that the plaintiff's wife and not the plaintiff was the owner of the land, and that she had executed a deed thereof to! be delivered to the defendant. No claim for repudiation was made on the ground of want of title. At the trial the defendant was allowed to amend by setting up that neither at the time of the agreement nor at the commencement of the action was the plaintiff the owner of the land, without any averment that on the discovery thereof the defendant repudiated on such ground : Held, that the amended defence constituted no answer to the action, and that the defendant not having repudiated when he ascertained the plaintiff had no title, it was sufficient if the plaintiff made title on the reference therefor. Paisley v. Wills, 303. R. S. C. ch. 1, sec. 7, sub-sec. 22.]-See PROHIBITION, 1. R. S. C. ch. 99, secs. 26, 96, 104.]-See HIDES. R. S. C. ch. 109, pt. 1.]-See RAILWAYS, 6. R. S. C. ch. 120, sec. 56.]-See BANKS AND BANKING. R. S. C. ch. 123, secs. 12-14.]-See BILLS OF EXCHANGE AND PROMISSORY NOTES, 1. R. S. C. ch. 129, sec. 83.]-See COMPANY, 2. R. S. C. ch. 142, secs. 5, 10.]-See ExTRADITION, 2. R. S. C. ch. 157, sec. 3.]-See CRIMINAL LAW, 3. R. S. C. ch. 157, sec. 8, sub-sec. 2.]See JUSTICE Of the Peace, 2. R. S. C. ch. 162, sec. 44.]-See CRIMINAL LAW, 3. R. S. C. ch. 163, sec. 4.]-See CRIMINAL LAW, 1. Of building lease.]-See TRUSTS-See CRIMINAL LAW, 1. R. S. C. ch. 174, sec. 2, sub-sec. (c); 143.] AND TRUSTEES, 2. STATUTES. C. S. U. C., ch. 103, sec. 9.]—See CRIMINAL LAW, 1. 29 & 30 Vic. ch. 122.]-See GAME. 32 Vic. ch. 62, sec. 5 (0).]-See SALE OF LAND, 2. 36 Vic. ch. 121, sec. 5 (0).]-See SALE OF LAND, 2. 37 Vic. ch. 38, sec. 5 (D.)]-See CRIMINAL LAW, 1. 38 Vic. ch. 16, secs. 1, 5 (0.)]—See LIMITATIONS OF ACTIONS. 46 Vic. ch. 27, sec. 13 (0.)]-See WATERS AND WATERCOURSES, 3. 100-VOL. XIX. O.R. R. S. C. ch. 174, secs. 80, 140.]-See PROHIBITION, 1. R. S. C. ch. 178, sec. 62.]-See JUSTICE OF THE PEACE, 2. R. S. O. ch. 1, sec. 8, sub-sec. 47.]— See SALE OF LAND, 2. R. S. O. ch. 25, sec. 20, sub- sec. 2.]— See EXECUTION. R. S. O. ch. 44, sec. 30.]-See ALIMONY. R. S. O. ch. 44, sec. 62.]-See COURTS. R. S. O. ch. 51.]-See PROHIBITION, 2. R. S. O. ch. 61, sec. 10.]-See HUSBAND AND WIFE, 4. R. S. O. ch. 74, sec. 1.]-See CONVIC TION. R. S. O. ch. 102, sec. 30.]-See MORT- R. S. O. ch. 104, sec. 4, sub-sec. 2.]— R. S. O. ch. 108.]-See VENDOR AND R. S. O. ch. 108, sec. 4, sub-sec. 2.]— R. S. O. ch. 111, secs. 4, 43.]-See R. S. O. ch. 114, secs. 13, 107.]-See R. S. O. ch. 114, sec. 80.]-See REGIS- R. S. O. ch. 124.1-See BANKRUPTCY R. S. O. ch. 124, sec. 2.]-See BANK- R. S. O. ch. 124, sec. 7, sub-sec. 2.]- R. S. O. ch. 124. sec. 9.]-See ALIMONY. R. S. O. ch. 125, sec. 6.]-See BILLS OF R. S. O. ch. 132, secs. 3, 14.]— See R. S. O. ch. 141, sec. 3.]-See MASTER R. S. O. ch. 154.]-See INNKEEPER. R. S. O. ch. 184, sec. 565.]-See MUNI- R. S. O. ch. 193, sec. 2, sub-sec. 10, R. S. O. ch. 194.]-See LIQUOR LICENSE R. S. O. ch. 194, sec. 12.]-See INN- KEEPER. R. S. O. ch. 194, secs. 49, 70, 105.]— R. S. O. ch. 194, sec. 70.]-See INTOXI- R. S. O. ch. 205.]-See CONVICTION. R. S. O. ch. 205, secs. 6, 11, 22.]-See R. S. O. ch. 205, sec. 49.]-See MUNI- R. S. O. ch. 208, sec. 15.]-See MASTER R. S. O. ch. 208, sec. 15, sub-sec. 4.]— R. S. O. ch. 221, sec. 10.]--See GAME. Statute of Limitations.] — See R. S. O. ch. 167, sec. 132.]—See IN- LIMITATIONS STATUTE of. R. S. O. ch. 170, sec. 20, sub-sec. 23.] |