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Les diagrammes suivants illustrent la mAthode. 1 2 3 1 2 3 4 5 6 IP"* ui I I ! I i fitB'iMg^/StT.JBBf^MKJiWilKIFifKK'fK^^^ ^<:^^^=^e-" I IN THE [ipreme .On Appeal to the Full Court BETWEEN DONALD A. SMITH and RICHARD B. ANGUS, Plaintiffs and Respondents, AND SAMUEL GREER, Defendant and Appellant. CASE ON APPEAL J. ROLAND HETT, SOLICITOK FOK APPELLANT. DRAKE, JACKSON & HELMCKEN, Solicitors fob Respondentb. vicToniA, H. c. : JAMES A. COHEN, PRINTEK. FORT STREET. 188H. I I i CoUectio/v \ m THE On Appeal to the Full Court. 10 BETWEEN DONALD A. SMITH nml RICHARD B. ANGUS, Plaintiffs and Rehpondenth, AND SAMUEL TfREER, 2C Defendant and Appellant. CASE ON APPEAL J. ROLAND HETT, SOLICITOH FOK APPELLANT. DRAKE, JACKSON A HELMCKEN, Solicitors for Respondents. 80 40 VICTORIA, B. C. : JAMES A. COHEN, PRINTER, FORT STREET. 1888. I '; > .ri INDKX. 4 StnteiiHMit EnilorsoniPiit mi Writ Pleadings Jvulge's Ni)tes of Evidence Kp<,'istrar'H Notes on Triiil Order for Injunction Order for .hul','ni(Mit Judgment of Hir M. iJ. Begbie 1- Order on Application for No.isuil '•* Judgment KoU Notice of Appeal 19945^ ||H Wxt ^niimm ^mui of ^v\\h\ ^olnmhiiu 10 On Appeal to the Full Court. 20 J3ETWEKN DONALD A. SMITH and RICHARD B. ANGUS, AND SAMUEL GREER, Plaintiffh, Defendant. 30 STATEMENT. This is an appeal from the refusal of the Honorable the Chief Justice made on the 40 7tli clay of February, 1888, to grant a nonsuit in favor of the defendant and the order dated the 7th day of February, 1888, drawn up thereon and from the judgment dated the 5th day of April, 1887, and entered the 3rd day of April, 1888. 1 KNDOIISKMF/ST OK CLAIM OS Wltir or SIM MONS lU.KOllK AM KM ).M KNT Tlio IMiiintilK cliiim is to recover possc^ssion of ;i (rortaiii pi. -co or puuvl of land an. I impiovtMn-nts tluMooi. l.einK piut of Lot 020 (l.oup I Now NV.^«lniiMst..r Dist.i.-l an.l ■more piirticularly describtHl uh follows vi/:--Coinmouoii.o .1 a point on tho ein.t.n Imo of |,) tl.o Coal Harbour and Kn-Hsl. IJay c-xtc-nsion or Hranc-h of li, Canadian PacMt'u! Railway S iW 'iV W 21U f.'ot from a point on tlio Wo, torn llonm' uy of Uiw FaUo Crt-ok Indian llosorvo lUSr, foot North of its S .ntl.uat An-lo, tl.sn. ■ N. V 'MY W. :J2:» foot th.-nco North G9o W. 4:j feet moro or less to the shore of En;,Iish Bav, tlicnco ^^ tstfrly follow- i.iK tho 8hu. . .1 EnKlisl. J3iy Cin f.'ot, Ihonc. S ,nth 170^ ill' K (iU th.Mioo S. 71^ IJO' Hast 31' feet, thonco N. V.V IT/ E. ilHO foot nioro or loati to tho placo of boginnint;, and for inosno profits and for an injunction. Tho PlainttHs also olaini tlio sum of !?;$0.()() (or suoh sum as may bo allowod on tax- ation) for costs. 90 THE FOIJ.OWINU AHE THE I'LEADINdS 1' .%i' STATEMENT OF CLAIM. 1. The phiintiffs aro rosidont at Montroal, Canada ; and nro ownors in too of lot .')20 Group 1 New Wostiuinstor District undor a Cu.wn Urant dated the i:Jlh day of February A.D. IHHO. ' ' 3Q 2 Tiio defendant claims possossion of a portion of tho said land inoln(U-d in tho aaul lot 526 Group 1 ftdjoininH the Indian llosorvo ,Hi False Creek and certain buildings there- on but has no title the'-eto. 3. In the month of August 1880 tlie PlaintifTs rooovorod judgment in this Honorable Court ngainst the defendant for tho siid land an buildings and Iho sai.l Inid for tli.' pur- pose of constructing a lino nf Ib.ilway connecting (he Canadian Pa-ilu- lladw.y wtl. Coal Harbour and English Bay. 6. Tho houses claimed by tho defendant will have to be removed for tho purpose uf making the said railway. "=*="*«»iSKti),oi,a!, }2'&yb^^Li^^t^^ 4> _^ » 6 , Pliiintiffs Claim : 1. Judgment for possession of tlio said land, and costs of suit. Tliat an injunction be awarded restraining tiio defendant from interfering' witl. the plaintiffs in tlie use and occupation of the said land, or from enter- ing upon or interfering with the sa)d land or improvements. For such farther and other relief as the n itare ot the case requires The Plaintiff proposes that this action shall be trie'^ WU//- : - 30 3 The defendant denies that the plaintiffs recovered a judgment in this Honorable Court against the defendant for the said land and that they were ever placed in posses- sion of the s;.id la ad and says that he has been in possession thereof since the month of Junel88-i. 4. The defendant denies the alh'L'ations contained in paragraph 4 of the Statement of Claim and says that ho has alwavs been m possession of the house upon the said land 8inc.< the erection thereof by him and that the tele-raph po!es alleged to have been erected were erected by the Canadian l^icitic Railway Company and not by the p'^un- ^(^ tills on. land belonging to the d.-fc-ndaiit liot in questioi. mJJiisj»<^tion. 5 And tlie defendant fuither says that th(! alleged Crown Grant if any under which the plaintiffs claim to be entitled to the said land was illegally made to the plaintiffs and is void and tjf no elYect. 6. And further that oven it' tiie alleged Crown Grant if any has been made shall be held to be valid the plaintilVs are iiot the owners of the hereditaments therein com- prised as alleged but are trustees thereof for the Canadian Pacific Railway Company. 7 The Statutes under which the said Canadian Pacific Hailway Company purport to be incorporated do not authorise or empower the said Company to extend their line ] of Railway up to or through or to construct a brancli line of Railway through the said land or give the right of expropriation of the said land or of any other land of the de-^ fendant*' 8 And further the conditions precedent and things to be done and performed by the plaintiffs or the Canadian Pacific Railway Company before acquiring any right or in- i,) terest in the said land have not been done or performed. o The plaintiffs have no authority to construct a line of Railway conne^ing the Canadian Pacific Railway with Coal Harbour and English Bay or either of such places. 10 And the defendant further says that he is the owner in possession of the said land by virtue of a pre-emption record dated the 14th day of April 18^3 m: of a deed of conveyance dated the 24th day of November lH8-i# Delivered the 6th day of May 1887 by J. Solicitor for the defendant* To E. E. Jackson, Esq. Roland Hett oi Langley Street Victoria 20 STATEMENT OF REPLY. The plaintiffs join issue upon herein. the Statement of Defence of above named defendant 30 Delivered this 20th day of June A.D. 1887 by Robert Edwin Jackson. Plaintiffs' Solicitor. To J. Roland Hett, Esq., Solicitor for Defendant. NOTES OF EVIDENCE. (Taken by Sir M. B. Begbie, C.J.) '10 Lachlan A. Hamilton sworn :— , , i i i I am an assistant Land Commissioner with the C. P.R. I know the an 1 and made the plan produced. This represents a portion of lot 526. The defendant h .s p aced a bardcade on t! West boundary of the Indian reserve. I saw it there wo months ago. The construction of the railway has been stopped. That is a -"-^--^^J^'^^-- J^! the defendant's house, i remember a judgment in a similar action to this. Possession 8 was taken under that judgment — possession of the defendiint's house. The defendant re- took possession and I believe has been there over since. I have not boon there to see whether he was there or not. I cannot state accnrately what hvnd ho chiiras now but as far as I know he chiinis the hind lying West of the Indiangre-serve, That is where he en' down the telegraph poles. X Examined. — I really do not know what the land in dispute in this action is. Not the extent of it. When I say the defendant jdaced an obstruction, I mean that 1 saw thoob- ,q struction which was placed across tho cut. But I tiave no knowledge who placed it there except from a document tixed on the obstruction — a long document to the effect that the defendant claims the ground and warns settlers off. It is signed by the defendant. I did not see the telegraph poles cut down i.e., the actual operation of cutting, I saw them down, after they had been cut I saw the writ of possession. It referred to a small portion about 7 acres. The C.P.U. tojk possession of that small portion at least I was told st> by the Sheriff. I sent some sri vants of the Company along with tho Sheriff to take possession. I saw him start on ♦uat errand but I cannot say that I ever saw him on the land and I do not know of my own personal knowledge that he went on the hmd. The nearest telegraph poles were 300 or 400 feet East of the 7 acres extending thence eastwards. The 7 acres had been marked out before the Sheriff put us in actual possession I'could not state the exact day. My knowledge of the SiieriflTs second visit is only by report from the Sheriff and the employes of the Company. So as to the defendant retaking possess- ion after the late judgment I have no personal knowledge only what I was told by the Sheriff and our employes. The C.P.R. are pushing the work of the extension. It was not completed before the 31st December 1886. 1 never offered on behalf of the Company to settle with the defen- dan' '• respect of these 7 acres, nor made any proposition with any such viev, except perhaps a few years ago wlien he was eni^loyed with me on the survey there may have been some conversation. That may have been one year ago. I cannot recollect distinct- ly except that he agreed to give us peaceable possession and to withdraw : bat I never made him any offer, I did not withdraw the proceedings. It was the Sheriff' who withdrew. To the Jury : -This writ of possession and the Sheriffs assistance was only as to the small piece of 7 acres. There were telegraph poles on it, the property of the Domin- ion Government. These poles were not cut. The Crown Grant as to the lot 526 was put in, and the plans, and the judgment in the previous case. Mr. Taylor moved for a nonsuit. I reserved leave on all the grounds taken viz. Estoppel, waut of notice, illegality of the grant, inability of the Company to hold the land, «fec. N.B. Crown Grant was not to the Company, but to two individuals. A Crown 30 40 -J'- Grant ciin on]y ho impeached by tlio Ciowii, by iiifonn.iHoii, Osilinnir v. AFiu'i/kh (I.'J A|»|). Cii. 234, 238) and see fannnr v Liriinjsfone (5 Duval 222.) [Semble even (»f tlie gmiit illegiil or the Couipany uniibln to hold under it yet until set aside it must be allowed full cfT'iset. Surnble also, the question cannot b^ inquinsl in- to in this fiction.] Samuel Gueek sworn : iO I am tlie defendant. I know the land in dispute. I reside on it evtu' since June, 1884. I am not sure that it is within those lines on this map it is soiaewlien; thereabouts on the beach. It extends below high-water mfirk. liOgs come right up to my door on the tide. There are 7 houses in all including barn Ac, and dwelling house— perhaps 100 fruit trees. It is not true to my knowledge that anyb'ody was put in possession ; but I do -not know tiie exact lines. I have certainly never been put out of possession of my house nor my things turned out of it. TIk; Sheriff told mo that he did not know where the lines were but that he had 130.000 security and that he wouhl put me out rigiit or wrong. I never cut down a telegraph pole there to my knowledge, [marginal note--How eoul I he know, if he did not know whom the lines were.] Thrne are telegraph polos with- 2 J in'^OO feet of ray house. They were there before I went there. The nearest poles erect- ed by the Company were 430 feet to the oast of my house. That is where I cut the poles down. That was the nearest pole. X Examined--I remambjr the 18th August. The Slieriff cime to me with a writ to my house. 1 did not know the parties who were with the Slieriff ; not their u unes. I do not remember things being moved by the Sheriff's ofBeor " to my knowledge." I had no revolver I took an axe afterwards.. They were then outside. I stoovl in the door defending it. (This was objected to as inadmissible and irrelevant. Objection overruled ; on crjsa examination.) 80 Question. — Did you put up a barricade in the line of the Itailway. N.B. This might perhaps have been objected to, k)ut was not. I claim the land up to the Indian IJeserve. I had. no wea])ons when I made the claim. But I have been there with weapons. I often go shooting. I have no rifle. I have a shot gun. The barricade extends oO feet across to the fence. I have warned people off. I never threatened to shoot them. The contents of the notice were to w irn all parties not to cross that line nor to break any fences. I have cut telegraph poles 2 ^0 or 3 times could not say whether 12 times. I think, not so often as 20 times. I think from 9 to 12 times. They were on my land whore I had my crops sown within 800 yards of the West boundary of the Indian reserve. 1 claim all the land up to the Indian reserve ; by the same title. I claim more than 7 acres perhaps 100 .icres I never measured it. I cannot say where my boundaries are or where the linos are. It has never been sarveyed. 1 never put any posts in the ground. [ have no crown grant. 10 'I'o tlio ('<)\iit : - I lunii^Iit llic 7 iicns fium llic fmiin'r owncis. 'I'lic inijuovt'- monts w«'i(i tlioro wliiii I entered. To tho Jury :— 1 bonj^'lit from " ditlerciit parlies. 1 hon^'lit pait from tlie Indian atjent. the otli<>r i)r)rlioii of tlie land I a('(|nirt'd from a ]»i('-em|)l()r in lH(t'.\. Ili-^ ri'. cord i.s rof^istered at New Westminster. No (iertitieate of improvements 1 allowed Mr. Drake* to anieinl pleadiiifrs to inelude all land claimed liv ("neer under tlie same titles and (lireete(l tlie jnrv to tind vt^rdiet for plaintifVs allowing,' tiieiu at Mr. T.'iylor's retiuest, to add if tliey tlion.i;lit tit ii rider to tliejr verdict, tind- ing tluit tliH defendant Inis been in octMipntion of tlu; land since .Inn(i ISSl. [No sucli issut* WHS niised or riiiseahh! hetween tli" parties however -and I did not mys(»lf see relevance of it, \ ID or w hat it has to do with this record. M.n.B.] . .Mr. Drake asked for an injunction restraiiiin-j; the defemlant from iloing any ae^t on rny pait of lot /J'it) whereby the pliintitVs may be hindered from construction of their railway or teie.i^raj»ii line or the works or approaches connected therewith re- spectively, ordered iiccordinp;ly. NOTE. ^[r. Taylor asked tho Hoiioralile the C'liief Justice to direct the Jury to find whether or not the lauds in (ptestion were re(]uired by the piainlitfs fot the purpose of construct- ing a niilway or for other purjio.scs of public .ulviiutage. This the Chief Justice ri'fused to do. .' . ' '20 COPY PARrOF KEilTSTRAPv'S NOTES ON TlilAE. C J. allows nraemlmftut of ftll lands beflides the 7.\ acres. - ^ Jury find a verdict for the pItiiutitVs and th.at S. Greer has been in possession of tiie hind since ISSl. Mr. Driiko nskH for injunction leave ^veii. m) Adjourned till Tuesday at \'l noon. ♦ •> •JO OKpEJl FOR INJUNCTION MADE AT TRIAL. Friday, the iiftli day of Au-^ust, A. D. 1HS7. This action coming on for trial this day befyre tie; Honorable the Chief Justice and a Special Jury in j)resence of Mr. Drake, (^. C. of counsel for plaintiffs ,ind of ]\Ir. , Hett and Mr. Taylor of counsel for defendant, and the sjicciid jury having found that the defendant was occupying part of tli.' land in (piestion herein since June, 1S.S4, and a <.' 11 verdict in favor uf tliu phiintitth iiiul tin* writ having tliiu dny Ixmmi hiih'.kIi'iI in tlii>4 iictioii |iiirsuiint to loavo from the Hiiid tlio Hoiioriihio tli« Cliiof Jiislico ho us to incliiilc III! tiio luiul cliiinitid by tiio dcfi'iidant in lot iVJiJ, ^ronp 1, New Wcstniinslcr District, and upon tliti application of tlio plaiiititTs, This Court Doth Ordtw that tiic (h'Tcndunt, his Hurvaiits, agontn iind workmen and all persons claiming under him hn an I he and tii'V und eiicli of tliem is niid nro iiereby restrainud and onjoined from InttM-ftring in any manner with the idaintifTs in the eonHtruction of the Railway and teh>;^raph liiwts over the said hind, beiiifj; lot r)2(), group 1, aforesaid, or any part thereof, or any works eouiiected ^(| tiierewith until judgment in this action or until the further order of this Court. IJv the (Unnt. J.VMKs ('. I'uKVosr, Ue;;istrar. OKDEli 1 OU JUDGMKNT. 'J.> Friday, the tiflh day of August, A. D. 1HS7. This action coming on for trial this day l)efore tiuj HouoimIjIo tie Cliinf Justice .ml a Special Jury in pr»)suncn of Mr. Drake, (^. C. of (Ji)uns)l for rhe p! li'tHI's, an 1 of Mr. Hett and Mr. Taylor of Counsel for the defendant, and the Special Jury havin^' f(niud a verdict in favor of the plaintiflFsi, and that th" defend lut was oec'-xing put of the land in question herein since Juno, 1HS4, and the writ of summons naving this day l)i;eii amended pursuant to le.ive from the Honorable the Chief Justice so as to iiiciii le ,dl tiie land claimed by defendant in lot oiO, Group 1, New Westminster District and the said the Honorable the Chief Justice having ordered thit judgment lierein be entered in favor of the plaintiffs sul>ject to leave to the defendant to move to set aside the judgmi'iit or for judgment of nonsuit to be entered. This Court Doth Order and adjudge that the plaintiff's recover possession of the land in the siid writ mention i 1 being part of lot 52(), Group 1, New Westminster District and more paticularly descril)"d as folimvs, viz.: commencing at a point on tli'i centre lino of the Cod Harbor and LCngiisli Ij.iy lirancli or extension of the Cauadiau Pacific Kailway, S. (51 30' W., 2114 foot from a point on the Western boundary of the False Cret^k Luliaii Ilosorve, lOS") feet, noitii of its Soiith West angle, thcnn'O North I" 'Mf W. Mi!} f.>et, thence North (iO' W. l'] feet mere or loss to the shore of English IJay, tin-nce Westerly, following the shore of English iJ ly (IG'5 lo t, theuce South 17" 31" E. (5(5 feet, thence South 7' • :^!»' E ist 311 feet, th.-nce North 13<- l.j East 330 feet more orless to the place of beginning, together with the possession of all oilier lands claimi'd by the de^Midintin the Slid lot 5'2(5. This Court Doth Furtiier Order and Adjudge that the defendant do pay to the plaintiff's their costs of suit to lie taxed. 4.» By the C^ourt, H.XHVr.Y CoO.MliK, Deputy lie-iistrar. 10 1^ JUDOMKNTOKSIIt M. U. ni;(}|{IK, (!. .1. ON JlKFlISINd TO CillANT A SOU- HUIT IN FAVOll OF TIIK r)FFKNl).\NT. TliiH iH nil notion of ttjtuttiiutiit in wliicli vordict nnd jinlKinuiit liiivu huitn untentd for tln' pliiintiffs, l)iit Mr. Iltftt. accurdiii^; to Ifiivo rtmorvod iit tlm trial, Iihm rnovnd to Hut iisidii tliiit jiid^iiiKiit mid ohtttr ii iioiisiiil f.>ro itelioii : 2iul. 'I'liiit ti fornuM- jiid^nutnt in tlit> pliiintitt'H' fnvor ii^niinHt tliin huiiio dtifondnnt wiih no t>Htoppi>l on tho di'ftMidiint: — und Mrd. 'i'liut tho \>\i\ui from tlio (Jrowii on which tlio pluintill's i(>liud wiiH iinconHtitntioniil and void not hein^ in oonformity with the sttituto, Tlio first two j^rouiids iniiy viuv shortly >>•» diHinisH«(d. The iiotici* to tlin dcf-'Mdint rc(inirod to hn i^iviMi l)y tho pliiintitTs in ojoctnH'iil is not in-cosHnrv when tlio dofcndiiiit IH nil qHh>ntatioa>l tiospaHsm^ It is r»'(|nir<(d when ii landlord Honks to onforce pOHHossioij against a ttmant holding' over. And as to tho soconil olijt'ction, aIiliouj,di tlin jiidj,'iiiont in tho proviouH action liotwooii tlio saiiio partii's li iviii^ liooii a jiidijini'iit in tho dofoiidiiiitK al)8oiico, has not p(trhaps tho forco, of an ostoppol, tlicro is no doiiht lint that it is evidunuM for tho plaintilTs, and this is nccordin;»ly atatod in tho caso \Vri;,'Iitinaii v. Fiojd V.) rirant,({'hap. 5.'}!)) roliod upon hy liic dofcMnlant's own coiinsol, hasidcs I am not at all siiro that hoiii;.; botweon tho saino parti s and cmbraiMii^ tho same lands, thisjndi^'ini'iit has not, until sot aside tho foroo of an estoppel. Howevor, tin* plaintilTs havo not rolioil upon this at all Init have proved their title over a}j;aiii. CJortainly noithor of those grounds would justify ine ill diiortiiij4 a nonsuit. Nor lA the third fj;ron lid niueh more material. It is Irno this is an action of eject men t, and tho pi dntiirs must suecood by the st'eiij,'[li of their own title, and not by tho wcsaknoss of tho defoud.int's title. Thoy must show a title to po.sso3sion, which precludo.s the possibility of tho d''fondaiit's liavin}» Huch a ri^^lit. Accordingly tlujy |)roduco a grant from tho Crown dated in IScSCt. riie question immodiatoly arises is this a f^ooil (^raiit? The defendant may impo.ich it by showing that it has iiovor boon duly executed, porlia[)s, (as he certainly might impeach a will, if the plaintiff claimed o. g. as devisee) that it had boon obtained by fraud or mi.stake ; i} t carrying out the ro.il intention, etc. But he does not assail tho exeeuliuii of the grant or suggest that its offecrt was not delilier.itoly intended : lie says that the crown can only grant lands according to the terms and provisions of the statute : and that these have not been complied with. That the grant was made to the plaintiffs ■ under S. 08 of IM.Sl (J. l(), which autliori/oil "such free or partially free grants to be , made of the unoccupied and im.ippropri.ite 1 ('r)wn Lmds for the encouragement of immigration or other parpos« s of ])ublie advantage with such i)rovisioiis, restrictions and nrivili'^; ■ ■» as to the fjiiMiti'M t !rover:i )r ii ''ouucil :n iv .iee u alvisililc." .Vnd the defend. lilt urges tline objeetic s against the v.ilidity of the grant, lie .says " thesv) lauds Were not unoccupied (u- un.ippropii.Ued, because 1 was there an I I had a;)proj)ri.itcLl tho portion 1 now claim for my o.vn beuelit, moreover the grant does not mention the purpose of jniblic advantage for which the lands were granted or that the lands were granted from aiiv such motive, or in trust for any proposed benefactor and so tho grant(M>s are enabled to sell tlio I ud and put the money in their own pock"ts. Mesides I deny tint this grant was for tho public advantage at all, it was merely to .f.well the assets of tho C P. II., for whom the plaintiflfs are tnistena, though that is not expressed in tiie gr.int nor in tiie action. h 18 As to this last objection, I have rop-Mtflly l.a.l occasion to ol)serv6 ll.at no jud-c^ of ,v Civil Court has un-ler our constitution any .uitliority to examino into the expediency or the iinnruaence of the advice given l.y a ministry to the Lieutenant Governor. The Ministry have come to the conchision that the issue of the Crown Grant is advantageous and have advised that it sliouhl issue, they are responsibh; for that advice m tlu. House of Assembly alone. I cannot li.sten to (he .h^fendant urging such a topic at all, as the trusts not being set forth in the deed, th.tt is merely a matter ov tl.o f.,r.n of the .conveyance and is so far from being a fatal defect, that it is not even an irregularity It is the jo commonest and most convenient method that when trust property is ,nten,le,l f. be s.,ld, all notice of the trusts should bo kept of the deed which vests it in the trustees and as o Mr Greer's occupation and appropriation of the land, he is and h,is been often judicially deckred to be a mere trespasser on land which has been publicly reserved: which he must be taken to have well known to be reserved and his claims, moreover, extend beyond what any subject, except and under vc'ry peculiar circumstances, can po.ssess or acqnue - which no pro,.mptor could accpiire and which perhaps even the Provincial Legislature could not by itself bestow. He claims laud extending even belo.v high wa er mark : where the tide ebbs and flows. Tli>' occupation and appropri.itioi, reterrod to m the statute, must be taken to mean something legal or capable of being legalized or recognized, other- o,j wise the 58th section would confer little or no power on the Lieutenant Governor il any grant under it (which is evidently intended of wild and unfrequented locaiuies) were liable to be defeated by the accident of some unknown or wilful trespasser haviug pitched a tent or erected a shanty within the limits mention.-d iu the grants. I think tlwefore that the judgment in favor of the plaiutitts m n.st stand, and this application must be lofu.sed with coats. ORDER ON APPLICATION FOR NONSUIT. yy Tuesday, the 7th day of February, 1888. This action having on the tifth day of August, A. D. 1887 been tned before the Honorable the Ciiief Justice and a Special Jury and the s tid jury having found a . verdict in favor of the plaintiffs, and the said the Honorable the Chief Justice having ordered that judgment be entered for the plaintiffs subject to leave to the defendant to move to set aside judgment, or for judgment of nonsuit to bo entered. Now on motion before the Court for judgment on behalf of the defendant made unto [his Court the 9th day of August. A. D. 1887, by Mr. Hett and Mr. Taylor of Counsel for defendant and having heard Mr. Drake. Q. C. of counsel for plain iffs. rins ,^ Co-irt did i^^'^4^ i'f - "•^atumammfi-i^T j M u ■ JUDGMENT. Friday the 5th clay of August A. D. 18R7. Pursuant to the order of this Honorable Court made herein the 5th day of August A.T>. 1887 whereby it was ordered that the plain>,ifFs recover possession of the land in the said writ miintioned being part of h)t 520 Group 1 New Westminster district and more particularly descrii)ed as follows, viz : commencing at a point on the centre line of the Coal Harbour and English Bay Branch or extension of the Cauadia i Pacilic r,ailway S.61° 30' W. 2114 feet from a point on the Western boundary of the False Creek Indian Reserve 1085 feet Nortu of its South West angle, thence North 1'^ 30' W. 323 feet, thence North 09'^' W. 43 feet more or lesn to tiie shore of English Bay, thence Westerly following the shore of English Bay, 063 feet, thence South 17^' 31' E. 66 feet, thence South 71'= 30' East 341 feet, thence North 13 J 5 East 380 feet more or less to the place of beginning to- gether with the possession of all other lands claimed by the defendant in the said lot 526, and costs of suit. It is this day adjudged that the pUiintiifs do recover possession of ihe above mentioned lands and that the plaintiffs recover of the defendant $242.70 taxed costs. Judgment signed this 3rd day of April A.D. 1888. Harvey Coombe, Deputy Registrar. NOTICE OF APPEAL. 10 2C Take notice that the Full Court will be moved on Monday the 9th day of July 1888 or so soon thereafter as Counsel can be heard by Mr. Taylor of Counsel for the defen- dant on his behalf that the order of this Honorable Court made herein and dated the 7th day of February 1888 and the Judgment made herein dated the 5th day of Aug- ust 1887 and signed on the 3rd day of .April 1888 may respectively be rescinded and Judgment be entered for the defendant. 30 Dated tiie 2nd day of June 1888. Yours iSc, J. Roland HErr, Solicitor for the above named defendant. 40 To Messrs. Drake & Co., Plaintiffs' Solicitors.