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FULL COURT, 4TH NOVEMBER, 1903.

ROSS v. THOMPSON.

Water rights-Decision of Gold Commissioner- Appeal fromEvidence on

-Petition-Trial.

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.
Charles Wilson, K.C., for the respondent.

(MARTIN, J., 3RD OCTOBER, 1 02

REX v. HAYES.

Criminal lawGrand jury-Constitution ofCriminal Code, s. 656-Jurors

Act Amendment Act, 1899, s. 2.

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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

ANNUAL

DIGEST

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,

AND

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,

TOGETHER WITH

TABLE OF THE CASES DIGESTED
(With References also to the Occasional Notes for 1903.)

AND A TABLE OF THE CASES AFFIRMED, FOLLOWED, ETC., IN THE

CASES DIGESTED.

EDITED BY

EDWARD B BROWN, B.A.,

Of Osgoode Hall, Barrister-at-Law.

TORONTO:
THE CARSWELL CO., LIMITED, 30 ADELAIDE STREET EAST,

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.

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List of Reports Containing the Cases Comprised in this Digest

with the Mode of Citation.

COURTS.

REPORTS AND MODE OF CITATION.

Judicial Committee of Privy Council.... [1903] A. C.
Supreme Court of Canada...

.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."
59, 28th

0. R." read “Q. R."
117, 5th
bottom, for Beniot" read

“ Benoit."
232, 11th

bottom, for “Man. L. L.” read “ Man. L. R." 350, 8th

top, for 0. P. R.” read “Q. P. R."

top, for
top, for “

66

66

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