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THE

ONTARIO LAW REPORTS

CASES DETERMINED IN THE SUPREME COURT OF ONTARIO

(APPELLATE AND HIGH COURT DIVISIONS), TOGETHER

WITH A FEW CASES IN THE COURT OF

APPEAL AND HIGH COURT OF JUSTICE.

1913.

REPORTED UNDER THE AUTHORITY OF THE

LAW SOCIETY OF UPPER CANADA

VOL. XXVIII.

.

EDITOR:

EDWARD B. BROWN, K.C.

TORONTO:
CANADA LAW BOOK COMPANY, LIMITED,

LAW BOOK PUBLISHERS,

32-34 TORONTO ST.

1913

199579

Copyright, Canada, 1913, by THE LAW SOCIETY OF UPPER CANADA.

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Second Appellate Division.
THE HON. SIR WILLIAM MULOCK, C.J.Ex., K.C.M.G.

ROGER CONGER CLUTE, J.
WILLIAM RENWICK RIDDELL, J.
ROBERT FRANKLIN SUTHERLAND, J.
JAMES LEITCH, J.

High Court Division.
THE HON. SIR JOHN ALEXANDER BOYD, C., K.C.M.G.

SIR GLENHOLME FALCONBRIDGE, C.J.K.B.
RICHARD MARTIN MEREDITH, C.J.C.P.
BYRON MOFFATT BRITTON, J.
JAMES VERNALL TEETZEL, J.
FRANCIS ROBERT LATCHFORD, J.
WILLIAM EDWARD MIDDLETON, J.
HUGH THOMAS KELLY, J.
HAUGHTON LENNOX, J.

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66

* By the Law Reform Act, 1909, 9 Edw. VII. ch. 28, which came into force on the 1st January, 1913, the Supreme Court of Judicature for Ontario is to be known as and designated the Supreme Court of Ontario, and the Court of Appeal and High Court of Justice for Ontario as the Appellate and High Court Divisions of the Supreme Court of Ontario. Certain of the cases in this volume were decided by the Court of Appeal and High Court as constituted before the new Act came into force.

ERRATA

66

Page 2, 15th line from top, for “9 O.W.R.” read “13 O.W.R.”

91, head-lines, for “Bank Act, sec, 53," read "Bank Act, sec. 153.".
141, 11th line from top, for “ (1902)” read “(1908).”
161, 23rd line from bottom, for "ch. 152” read "ch. 203."
199, 14th line from top, for "1971” read “1071."
222, 14th line from top, for "507" read “591."
330, lst line of head-note and in head-lines, for "ch. 23" read "ch. 223."
339, 9th line from top, for “L.R. Ch.” read “L.R. I Ch."
351, last line of large print, for "argued” read "agreed."
383, 5th line from bottom, for “[1863]” read "[1893].”
489, 12th line from bottom, for "37 Ch." read "37 Ch. D.”
490, 16th line from bottom, for “Consolidation" read “Consolidated.
540, 10th line from bottom, for "if” read "of.”
640, 14th line from bottom, for “16 A.R.” read “15 A.R.”

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