Reports of Cases Decided in the Court of Appeal Volume 27

Reports of Cases Decided in the Court of Appeal Volume 27

By (author) 

List price: US$11.66

Currently unavailable

Add to wishlist

AbeBooks may have this title (opens in new window).

Try AbeBooks

Description

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1901 edition. Excerpt: ...they, like any other owner of land, were taking proceedings under the Ditches and Watercourses Act in respect of land actually owned by them. Shepley, in reply. May 15th, 1900. MACLENNAN, J.A.: --This is an appeal from an award made by the Official Arbitrator in favour of the plaintiff for $250 damages to his land, alleged to have been caused by the defendants by the construction of a ditch. The plaintiff had set the arbitrator in motion under the provisions of the Municipal Arbitration Act, R.S.O. ch. 227, and it was objected before him that he had no jurisdiction, inasmuch as the acts of the defendants which were complained of were done under the Ditches and VVatercourses Act, and that the defendants were not liable therefor. 'The Official Arbitrator overruled the objection and proceeded with the arbitration and made the award complained of, holding that the Ditches and Watercourses Act was inapplicable to such a case, and that the plaintiff was entitled to compensation under sec437 of the Municipal Act as for land injuriously affected by the exercise of its powers by the defendant municipality. It is not disputed that the defendants assumed to act under the Ditches and Watercourses Act, and took the several steps prescribed by that Act, and did what they did' in pursuance of the award of the engineer as usual in such cases. I am quite unable to appreciate the reasons given for holding that the Ditches and Watercourses Act was inapplicable to such a case. It is clear from sec. 3 of this Act that a municipality, in respect of roads within its jurisdiction, is an owner within the Act, and may initiate proceedings under it; and from sec. 7 that it may do so without filing the declaration of ownership required from other owners. If the...show more

Product details

  • Paperback | 248 pages
  • 189 x 246 x 13mm | 449g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236903102
  • 9781236903105