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Reports of Mining Cases Decided by the Courts of British Columbia and the Courts of Appeal Therefrom to the 1st of October, 1902 Volume 1; With an Appendix of Mining Statutes from 1853-1902 and a Glossary of Mining Terms

Reports of Mining Cases Decided by the Courts of British Columbia and the Courts of Appeal Therefrom to the 1st of October, 1902 Volume 1; With an Appendix of Mining Statutes from 1853-1902 and a Glossary of Mining Terms


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1903 Excerpt: ...is then called upon to shew his title. The plaintiff not having done this, his action has failed at an initial step, and I think was rightly dismissed. Ma"io. Ikving, J.: --This case is provided for by section 28. By that _' section the certificate of work establishes the title of the holder SCohTR tlieref-except in the case of fraud. An action to set aside the cer Ok Canada, tificate should be brought by the Attorney-General. Judgm-nt s to the other objection that the learned Chief Justice neglected Irving'J to examine tne defendant's title, I fail to see how that objection can be substantiated, as the plaintiff in making his case, admitted that the defendant held certificates of work; that in itself is affirmative evidence of the defendant's title and no further examination was necessary. Af ARTIV -T Martin, J.: --This case cannot be distinguished from Lawr v. Parker in which the Court delivered judgment on the seventh instant. There, no work at all was done on the claims, by mistake. as alleged. Here also no work was done, by deliberate intention, as alleged. But the result is the same because the question of fraud cannot be raised unless the Attorney-General is a party to the suit. Jn view of the recent decision of this Court in Gelinas el al. v. Clark, supra, Manley v. Collorn, supra, and Lawr v. Parker, supra, the learned trial Judge was right in holding that the certificates of work, if regular in themselves, were conclusive evidence that the work had been done. At the same time I think it in the interest of the mining public that the question of the proper construction of sec. 28 should be submitted to a higher Court. So far as regards section 11, my views thereon have already been expressed in Schomberg v. Holden (1899), (i B. C. 419, ante, ...



Product Details
  • ISBN-13: 9781130899795
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 468
  • Spine Width: 24 mm
  • Width: 189 mm
  • ISBN-10: 1130899799
  • Publisher Date: 01 Mar 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 830 gr


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Reports of Mining Cases Decided by the Courts of British Columbia and the Courts of Appeal Therefrom to the 1st of October, 1902 Volume 1; With an Appendix of Mining Statutes from 1853-1902 and a Glossary of Mining Terms
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