extended, and, in particular, the Commission is authorized to continue the work already begun by it of establishing shelters or houses for the children of soldiers (c. 29). Courts. A Bill designed to abolish appeals from any Ontario Court to the Privy Council was introduced by the Attorney-General. Subsequently it was withdrawn in order that there might be opportunity for fuller discussion, on the understanding that it would be introduced again at a later session. By consent of the parties an action beyond the ordinary jurisdiction of the County Court may be tried in that Court. The County Courts Act is amended by authorizing the judge to "award all costs of or incidental to such action on the scale of the Supreme Court in the same manner as if such action had been tried or disposed of in the Supreme Court" (c. 32). The Surrogate Courts Act is amended by the provision that the fees payable to the Crown shall be calculated upon the value of the whole estate, including the real estate as well as the personal estate. The judge is empowered to employ skilled assistants in investigating and auditing intricate accounts. In order to prevent the evasion of the Succession Duty Act, it is provided that probate or letters of administration shall not issue until the judge is satisfied that there has been no undervaluation and has made inquiries as to the dealings with the estate prior to the death of the testator or intestate (c. 33). The jurisdiction of the Division Courts is doubled-with, however, a right of appeal which does not exist in the case of smaller claims. As a result of the amendment the Division Court now has jurisdiction up to $120 in "personal actions," up to $200 in an action on a claim or demand of debt, account, or breach of contract, or covenant, or money demand . . . provided that in the case of an unsettled account the whole account does not exceed $1,000." The jurisdiction with regard to other kinds of claims is increased in the same proportion. Sale of Goods. Upon the recommendation of the Conference of Commissions on Uniformity of Legislation in Canada, the Sale of Goods Act, 1893, was adopted in New Brunswick and Prince Edward Island in 1919, and in Ontario in 1920 (c. 40). The Ontario statute differs from the original statutes in that s. 24 of the original statute is omitted, and s. 22 of the original statute, relating to market overt, has been replaced by s. 24 of the Ontario statute: "The law relating to market overt shall not apply to any sale of goods which takes place in Ontario." Subject to slight local modifications the Sale of Goods Act is now in force in all the provinces except Quebec. Partnership. The Partnership Act, 1890, was adopted in 1920 in New Brunswick, Prince Edward Island, and Ontario (c. 41)—upon the recommendation of the Conference of Commissioners on Uniformity of Legislation in Canada. It is now in force in all the provinces except Quebec. Labour and Wages.-The amount to which wages are exempt from attachment is increased (c. 42), and numerous amendments are made to the Workmen's Compensation Act (c. 43). The Minimum Wage Act (c. 87) provides for a commission to determine and establish a minimum wage for female employees in any particular branch of business. Social Legislation. The Deserted Wives' Maintenance Act, which provides for a weekly allowance to be paid by the husband to the wife under an order made by a magistrate, is amended by increasing the amount from $10 to $20 a week (c. 44). The Mothers' Allowances Act provides for the payment of an allowance to widows, or the wives of inmates of the hospitals for the insane or of permanently disabled men. The person receiving an allowance must be the mother of at least two children under fourteen years of age and they must be living with her. She must be resident in Ontario and a British subject. The Act is to be administered by a provincial commission and local boards. If in the opinion of the local board the mother is a proper person to have the care and custody of children, and has not adequate means to care for them without assistance, an allowance may be made to her-one-half the amount being paid by the municipality and one-half by the Province (c. 89). Surveys. The Surveys Act, 1920, is a technical statute, comprising the result of a careful revision and consolidation of the former statutes on the subject (c. 48). Assessment. Exemption from taxation of income from personal earnings is increased, in the case of householders or heads of families, from $1,700 to $2,000 in cities and towns and from $1,400 to $1,700 in other municipalities. In the case of other persons, the exemption is increased from $700 to $1,000 in cities and towns, and from $500 to $800 in other municipalities. A further exemption of $200 for each dependent child under eighteen years of age is provided for (c. 63). Public Libraries.-The revised Public Libraries Act provides additional and more elastic facilities for the establishment of free public libraries. It also authorizes every municipal council to levy and assess a special rate for public library purposes sufficient to produce an amount not exceeding 50 cents per capita of the inhabitants of the municipality -subject to increase in certain special cases. This limitation, based upon population, is substituted for the former limitation, which was based upon the amount of total assessments for taxation purposes (c. 69). "Temperance" Legislation.-The Dominion Parliament in 1919 adopted an amendment to the Canada Temperance Act, providing that in any province" in which there is at the time in force a law prohibiting the sale of intoxicating liquor for beverage purposes" its Legislative Assembly might request that a vote of the electors in all the electoral districts of the province should be taken for or against the following prohibition: 'That the importation and the bringing of intoxicating liquors into such province may be forbidden."" In the event of the majority of the votes being in favour of the prohibition, provision was made for the bringing of the prohibition into force in the province by Dominion Order in Council. The Province of Ontario having been, since the passing of the Ontario Temperance Act, 1916, a province in which the sale of intoxicating liquor for beverage purposes (other than native wines) has been forbidden, the Legislative Assembly in 1920 adopted the necessary resolution under the Canada Temperance Act, and, in anticipation of a vote favourable to the prohibition of importation, also passed the Liquor Transportation Act, 1920 (c. 80), with the intention of supplementing the Canada Temperance Act by making it an offence to transport liquor from one place in Ontario to another, or to deliver liquor or receive delivery in Ontario for sale or consumption, subject always to the exception in favour of native wines. The particular practice against which the Liquor Transportation Act was aimed was that known as circuiting "—that is, the sending of orders from Ontario to (say) Montreal, and thence returned to breweries and distilleries in Ontario to be filled in Ontario. The vote in Ontario took place in 1921, and the oppressive system under which the inhabitants of that Province live was completed by a Dominion proclamation bringing into force the prohibition of importation. The Legislative Assembly in 1920 also made a number of amendments to the Ontario Temperance Act with a view of "strengthening" its provisions and assisting in its administration and enforcement (c. 78). Education.-Besides the revision and consolidation of the Public Schools Act and amending Acts, numerous other changes are made in the school laws (cc. 99-104). An annual sum of $6,000 is to be awarded by the Minister of Education in the form of scholarships to residents of Ontario for the purpose of enabling them to pursue courses of study in France (c. 103). 7. PRINCE EDWARD ISLAND. [Contributed by W. E. BENTLEY, ESQ., K.C.] Fifty-six Acts were passed during the year 1920, of which twenty-one were public in character, Most of the public Acts deal with local matters, such as taxation, public schools, improvement of highways, agriculture, domestic animals, horse-breeding, and the inspection of bees. Partnership. For the purpose of promoting uniformity of legislation, the Partnership Act, 1890, as enacted in England, was adopted, with some necessary modifications. This statute is now in force in all the Provinces of Canada except Quebec. In the last-mentioned Province the general law of partnership is governed by Articles 1830-70 and 1892-1900 of the Civil Code of Lower Canada. Factors. The Factors Act, 1889, enacted by the British Parliament, was adopted. This statute has been adopted by all the provinces of Canada except Manitoba and Quebec. In Quebec, Articles 1735–54 of the Civil Code of Lower Canada are based upon the former British legislation, superseded in the United Kingdom by the Factors Act of 1889. Legitimation.-C. 12 enacts as follows: If the parents of any child heretofore or hereafter born out of lawful wedlock have heretofore intermarried or hereafter intermarry, such child shall for all purposes be deemed to be and to have been legitimate from the time of birth. Nothing in this Act shall affect any right, title, or interest in or to property, if such right, title, or interest has vested in any person : (a) Prior to the passing of this Act in the case of any such intermarriage which has heretofore taken place, or (b) Prior to such intermarriage in the case of any such intermarriage which hereafter takes place. 8. QUEBEC. [Contributed by the HON. MR. JUSTICE FABRE SURVEYER.] Acts passed-166: Public-84; Private-82. Annex to Montreal Court House.-It must not cost, including the acquisition of the land, more than $2,000,000. The land acquired, if not purchased amicably, shall be expropriated under the Quebec Railway Act, but the sole arbitrator shall be the Quebec Public Service Commission (c. 4). Montreal University Grant.-A sum of not more than $1,000,000 payable by annual instalments of $200,000 each, may be paid to aid in the establishment of a university at Montreal (c. 8). Post-graduate Courses in Paris.-Five annual scholarships of $1,200 each may be granted for the purpose of helping students to follow postgraduate courses in Paris, France, the conditions of such scholarships to be published in the Quebec Official Gazette (c. 9). Standard Time.-In that part of the Province which lies east of the meridian of sixty-eight degrees west longitude, it is reckoned as four hours behind Greenwich time; in that part of the Province which lies west of such meridian, five hours (c. 11). Quebec Public Service Commission (c. 21).-It replaces the Quebec Public Utilities Commission dealt with in s. 3 of c. 3 of Title 4 of the Revised Statutes, 1909. It consists of three members, appointed by the Cabinet for ten years, but removable for cause. No commissioner can hold any office or carry on any employment inconsistent with his duties, nor hold any stock or security in any public service, nor have any interest in any device which may be used for the purpose of any public service. The President of the Commission must give his attention exclusively to his duties as such, and follow no other occupation. The Secretary of the Commission holds office during pleasure. The jurisdiction of the Commission extends to all matters within the jurisdiction of the Railway Committee of the Executive Council; to all questions relating to the transportation of goods on the lines of any tramway company; to all matters within the jurisdiction of the Minister of Public Works and Labour, to whom it is substituted, and mentioned in ss. 6592 to 6596 of the Revised Statutes; to contestations regarding tolls of public services; to disputes between public services and municipalities with regard to the use of railways or watercourses by the former, or to the placing of rails on public roads, or to the extension of services; to all questions of municipal administration referred to it by the Cabinet; to all contestations as to the right of floating timber on rivers, lakes, or streams; to expropriations for municipal purposes, in the cities of Quebec and Montreal. The commissioners may summon, swear, and hear witnesses and experts, inspect properties under the control of any public service, and require the production of documents. If a public service disobeys the orders of the Commission it may send a certificate of such disobedience to the Attorney-General, who, after the publication of a public notice thereof in the Quebec Official Gazette, may take action to dissolve the public service or to annul the letters patent incorporating it. An appeal lies to the Court of King's Bench (appeal side) from any final decision of the Commission upon any question as to its jurisdiction or upon any question of law, except on expropriation matters; but such appeal can be taken only by permission of a judge of that Court given upon petition presented to him within fifteen days from the decision (c. 21). Taxes upon Non-commercial Corporations.-By c. 24 the provision of the Revised Statutes regarding taxes upon commercial firms, partnerships, or corporations are extended to those which are not commercial. Montreal University.-The Montreal Branch of Laval University becomes a distinct corporation, comprising faculties of theology, law, medicine, philosophy, letters, sciences, veterinary medicine, dentistry, and pharmacy, which are merged (c. 38). Venereal Diseases.-A committee of three members of the Superior Board of Health is entrusted with the adoption of all useful measures respecting the treatment of venereal diseases (c. 58). Students at Law who have been on Active Service. Those who, admitted to the study of law in January 1920, or prior thereto, have been on active military or naval service during the war, may be admitted with only two years of clerkship if they have otherwise complied with the requirements of the Council of the Bar, and take the Bar examination not later than July 1923 (c. 63). Companies Act (c. 72).—The Act is divided into three parts: I. Companies incorporated by letters patent. II. Companies incorporated by an Act of the Legislature. III. Corporations or associations having no share capital, incorporated by letters patent. Part I does not apply to railway, insurance, or trust companies. Publication of the letters patent in newspapers is no longer required. Letters patent may authorize the issue of shares without nominal or par value. Such authorization, however, is subject to restrictions to ensure that shareholders and third parties who have business dealings with such companies are sufficiently protected. Companies may amalgamate by complying with certain formalities. A company which has achieved its object may obtain a cancellation of its charter without winding-up proceedings. Notice of the head office of a company, or of any change therein, must be published in the Official Gazette. A creditor of the company, before proceeding against an individual shareholder who has not paid his calls, must apply to the company, which, to avoid liquidation, shall call in the instalments necessary to satisfy the creditor's claim. Companies may purchase their own preferred stock. Preferred stock certificates must contain full information as to the right of preferred stockholders. The letters patent may authorize a company to issue share warrants, or certificates to bearer transferable by delivery which may be accompanied by coupons representing future dividends. The bearer of a share warrant may, upon surrendering his certificate, be registered as a shareholder. Reduction of a company's capital must be approved by the Provincial Secretary, if a creditor objects thereto. Bondholders are entitled, on payment of a small sum, to obtain copies of the trust deed. Directors are authorized to distribute unissued stock in lieu of dividends, when there are profits, or to credit shareholders on unpaid balances due on their shares. Profits may be utilized as additional capital. The assets of a company which has achieved its object may be distributed among its shareholders, after publication of a notice in the Official Gazette. In the absence of any date fixed in the letters or by-laws, annual meetings shall take place on the fourth Wednesday of January, or, should same be a dies non, on the next juridical day. A detailed balance-sheet, not more than four months old, must be laid before the shareholders at every such meeting. A register of mortgages and charges must be kept, and remain open for inspection, during business hours. If a shareholder has reason to believe that it is in the common interest that an inspection be had, the Provincial Secretary may, upon application, order such inspection, the costs of which shall be borne by the applicants, unless the Provincial Secretary directs the same to be paid by the company. The appointment of auditors, whose powers and duties are fully stated, is obligatory. In addition the company is bound to forward every year, to the Provincial Secretary, a statement giving a summary of its affairs. |