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FULL COURT, 4TH NOVEMBER, 1903.
ROSS v. THOMPSON.
Water rights-Decision of Gold Commissioner- Appeal from—Evidence on
Appeal from decision of FORIN, Co. J., refusing to hear new evidence on an appeal before him under s. 36 of the Water Clauses Consolidation Act, which provides that the appeal should be in the form of a petition setting forth the facts and law relied on, which petition, along with an affidavit verifying it, should be filed and served, and to which the respondents should file and serve their answer.
Held, that the fact that there was to be a petition and an answer contemplated the raising of issues, and that the appeal should be a trial de novo. Appeal allowed with costs.
S. S. Taylor, K.C., for the appellant.
(MARTIN, J., 3RD OCTOBER, 1 02
REX v. HAYES.
Criminal law—Grand jury-Constitution of—Criminal Code, s. 656-Jurors
Act Amendment Act, 1899, s. 2.
Motion to quash an indictment on the ground that thirteen grand jurors had not been returned, as required by s. 2 of the Jurors' Act Amendment Act, 1899.
A sheriff, when about to summon, pursuant to s. 48 of the Jurors' Act, one of the jurors drafted to serve on a grand jury, ascertained that the juror was demented, and did not summon him.
Held, that the grand jury was not legally constituted, and that an indictment found by the jurors who had been summoned must be quashed.
A motion to quash such an indictment is not an objection to the constitution of the grand jury within the meaning of €. 656 of the Criminal Code.
Duff, K.C.. Peters, K.C., and G. E. Powell, for the accused.
Davis, K.C., and Harold Robertson, for the Crown.
THE CANADIAN LAW TIMES
OF CANADIAN CASES REPORTED AND
NOTED DURING THE YEAR 1903,
DECIDED IN THE JUDICIAL COMMITTEE OF THE PRIVY COUNCIL, IN
THE SUPREME AND EXCHEQUER COURTS OF CANADA,
AND IN THE COURTS OF ALL THE PROVINCES,
A BRIEF SUPPLEMENTARY DIGEST OF CASES DECIDED BY THE COURT OF APPEAL AND HIGH COURT OF JUSTICE FOR ONTARIO, DURING THE YEAR 1903, AND REPORTED IN VOLUME II.
OF THE ONTARIO WEEKLY REPORTER,
TABLE OF THE CASES DIGESTED
AND A TABLE OF THE CASES AFFIRMED, FOLLOWED, ETC., IN THE
EDWARD B BROWN, B.A.,
Of Osgoode Hall, Barrister-at-Law.
Entered according to Act of the Parliament of Canada, in the year one
thousand nine hundred and four, by The CARSWELL COMPANY, LIMITED, in the Office of the Minister of Agriculture.
List of Reports Containing the Cases Comprised in this Digest
with the Mode of Citation.
REPORTS AND MODE OF CITATION.
Judicial Committee of Privy Council....  A. C.
.32 S. C. R. (part), 33 S. C. R. (part). Exchequer Court of Canada.
.8 Ex. C. R. (part). Ontario-All the Courts..
.+ 0. L. R. (part), 5 0. L. R., 6 O. L. R.
(part). Quebec-King's Bench..
Q. R. 11 K. B. (part), Q. R. 12 K. B.
(part). Quebec-Superior Court.
Q. R. 21 S. C. (part), Q. R. 22 S. C.,
Q. R. 23 S. C., Q. R. 24 S. C. (part). Quebec—Practice
.5 Q. P. R. (part), 6 Q. P. R. (part). Nova Scotia-Supreme Court
.35 N. S. Reps. (part), 36 N. S. Reps.
(part). New Brunswick-Supreme Court.......35 N. B. Reps. (part), 36 N. B. Reps.
(part). New Brunswick-Equity.
.2 N. B. Eg. Reps, (part). Manitoba—King's Bench...
14 Van, L. R. (part). British Columbia-Supreme Court.......9 Brit. Col. L. R. (part), 10 Brit. Col.
L. R. (part). North-West Territories-Supreme Court..2 Terr. L. R. (part), 5 Terr. L. R.
(part). Canadian Law Times Occasional Notes. .23 Occ. V.
ERRATA IN DIGEST.
Column 43. 3rd line from top, after “S. C." insert “556." 15, 17th
* Belder” read Belcher."
0. R." read “Q. R."
bottom, for “Man. L. L.” read “ Man. L. R." 350, 8th
top, for 0. P. R.” read “Q. P. R."