The Western Law Times of Canada, Vol. 6 (Classic Reprint)

Download or read book The Western Law Times of Canada, Vol. 6 (Classic Reprint) written by J. T. Huggard and published by Forgotten Books. This book was released on 2018-02-11 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from The Western Law Times of Canada, Vol. 6 Lord Hobhouse delivered judgment. He stated that the statute 9 Geo. II., c. 35, the statute of Mortmain, it was expressly enacted, should not extend to Scotland. After a time came the question whether it extended to the colonies, and that question was settled in the negative in the case of attorney-general v. Stewart, 2 Mer. 143, deci ded by Sir Wm. Grant in the year 1817. He considered that both the mischief struck at by the Act, and the meth ods prescribed for lawful gifts, were of a local character peculiar to England. Therefore he held that the Act did not extend to Grenada, though it is in general terms, and though the laws of England had been extended in general terms to the island when first ceded in 1763 and again when recovered in 1784. That Opinion has ever since pre vailed, and in the case of the Gilchrist foundation Whicker v. Ham, 7 H. L., it was applied to a gift of land in New South Wales. It seems, however, that it might be argued from Whit by v. Liscombe, 23 Grant 1, that it might be held that the statutes were at one time in force in Ontario, but any question' of this kind is apparently decided by this recent case. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.