Entered according to Act of the Parliament of Canada, in the year one thousand eight hundred and ninety-two, by THE Carswell COMPANY (Limited), in the office of the Minister of Agriculture.

PRINTED BY

THOS. MOORE & Co., LAW PRINTERS 22 & 24 ADELAIDE ST. EAST

TORONTO.

Attachment of debts-Judgment for damages—Non-entry of-Solicitor's lien for costs- Amount of―Powers of Division Court Judge-R. S. O. c. 51, s. 197.

The judgment of the Judge who tries the cause, with a jury or without one, is now an effective judgment from the day on which it is pronounced; and where damages are awarded thereby, they are attachable as a debt, without the formal entry of judgment. Holtby v. Hodgson, 24 Q. B. D. 103, followed.

Where solicitors claimed a lien for costs upon a judgment recovered, the amount of which was the subject of a garnishee suit in a Division Court :

Held, that the Judge in the Division Court had power under s. 197 of the Division Courts Act, R. S. O. c. 51, to decide upon the proper sum to be allowed in respect of such lien, and was not bound to refer it elsewhere.

W. M. Douglas, for the appellant.
W. H. Blake, for the respondent.

VOL. XI. C.L.T.

High Court of Justice.

QUEEN'S BENCH DIVISION.

REGINA v. DAY.

[THE JUSTICES IN BANC, 26TH NOVEMBER, 1890.

Criminal law-Statements of prisoner to detectives—Admissibility of evidence.

During the trial of the prisoner for murder questions arose as to the admissibility in evidence of statements made by the prisoner to certain detectives, in answer to questions put to him by the detectives, the prisoner being at the time in the custody of the detectives.

Held, upon a case reserved, that the statements were admissible in evidence.

J. R. Cartwright, Q.C., for the Crown.

German, for the prisoner.

REGINA v. RAY.

Criminal law-Bigamy-Proof of first marriage.

Upon an indictment for bigamy the first marriage must be strictly proved as a marriage de jure. Evidence of a confession by the prisoner of his first marriage is not evidence upon which he can be convicted.

J. R. Cartwright, Q.C., for the Crown.

Lyman Lee, for the prisoner.

[THE DIVISIONAL COURT, 17TH NOVEMBER, 1890.

MARTIN v. MCMULLEN.

Guaranty-Construction of-Limited suretyship for a floating balancePayment of part of debt-Right to rank upon insolvent estate of principal debtor.

The plaintiff's testator gave the defendants a guaranty in the following terms :— "In consideration of the goods sold by you on credit to M., and of any further goods which you may sell to M. upon credit during the next twelve months from date, I hereby undertake to guarantee you against all loss in respect of such goods so sold or to be sold, provided I shall not be called on in any event to pay a greater amount than $2,500.”

M.

The

The whole debt owing to the defendants by M. at the expiration of the period limited by the guaranty was $5,556. made an assignment for the benefit of his creditors. plaintiff paid the defendants $2,500, and claimed to rank upon the estate of M. in respect thereof.

Held, STREET, J., dissenting, that the guaranty was a limited suretyship for a floating balance and was to be construed as applicable to a part only of the debt, co-extensive with the amount of the guaranty; and the plaintiff was entitled to a dividend from the estate of M. in respect of the $2,500 paid. Judgment of STREET, J., 19 O. R. 230, reversed.

McCarthy, Q.C., for the plaintiff.

Gibbons, Q.C., for the defendants.

MECHIAM v. HORNE.

Canada Temperance Act-Incorporation into, of ss. 62, 64, 66, 67 of R. S. C. c. 175-Distress, dispensing with-Imprisonment for costs of commitment and conveying to gaol-Warrant of commitment-Excess of jurisdiction -Folice magistrate-Summary conviction drawn up after Act ceased to be in force-Nullity-Conviction not quashed-Evidence of sufficient

distress-Non-suit.

The defendant was the salaried police magistrate for the county of Ontario, in which the Canada Temperance Act was in

force prior to the 11th May, 1889, when the Order-in-Council declaring it in force was revoked.

On the 11th January, 1889, the plaintiff was convicted before the defendant of a second offence against the Act and adjudged to pay a fine of $100 and $12.05 costs.

On the 20th March, 1889, the defendant issued a warrant of commitment reciting the plaintiff's conviction before him and the imposition of the fine and costs; declaring that the plaintiff had no goods and chattels; and directing her committal to gaol for sixty days "unless the said several sums and all the costs and charges of the said distress and of the commitment and conveying of the said Nellie Mechiam to the said common gaol, amounting to the further sum of 75 cents and shall be sooner paid unto you."

At the trial of an action for the arrest and imprisonment of the plaintiff under this commitment a conviction of the plaintiff was put in dated 11th January, 1889, but which was not drawn up till February, 1890. The conviction adjudged that the plaintiff should pay the penalty and costs according to the adjudication, and if these sums were not paid forthwith, then, inasmuch as it had been made to appear that the plaintiff had no goods or chattels whereon to levy by distress, that she should be imprisoned for sixty days unless these sums and the costs and charges of conveying to gaol, should be sooner paid.

The conviction had not been quashed.

It appeared by the examination of the defendant that the 75 <cents in the warrant was charged for the warrant, and that the blank was left for the constable to fill in the costs of conveying to gaol. The constable, however, did not fill in the costs but indorsed a memorandum of them on the back of the warrant, making them $13.40.

Held, that the result of ss. 62, 64, 66, and 67 of R. S. C. c. 178, which are incorporated into the Canada Temperance Act, R. S. C. c. 106, by virtue of s. 107, is to enable the convicting magistrate to order the levy by distress of the penalty and costs, to dispense with such levy where he thinks it would be useless or ruinous, and to order the defendant to be imprisoned for a term not exceeding three months unless the