bailiff to arrest without warrant anyone insulting the judge or Manitoba. interrupting the proceedings. R. S. M. 1902, c. 52 (Elections), s. 58, a registration clerk has power to arrest personators and disturbers; s. 241, a deputy returning officer has power of arresting, by verbal order, any disturber at the election. R. S. M. 1902, c. 72 (Home for Incurables), s. 33, permits the summary arrest by officers or employees of disorderly persons within the institution. R. S. M. 1902, c. 101 (Liquor Licences), s. 147, allows the arrest, "on view," of gamblers and the proprietor of the licensed premises. R. S. M. 1902, c. 116 (Municipal), s. 82, a deputy returning officer has power to arrest disturbers at election. R. S. M. 1902, c. 133 (Pollution of Streams), s. 6, permits a peace officer to arrest, "without any warrant on view," any offender against this Act. R. S. M. 1902, c. 149 (Reformatory for Boys), s. 35, permits the summary arrest of disorderly persons within the institution by the officers or employees. R. S. M. 1902, c. 169 (Petty Trespasses), s. 3, a trespasser may be arrested without warrant by peace officer, owner, &c. C. S. N. B. 1903, c. 33 (Protection of Game), s. 43, a New warden or constable may arrest without warrant persons Brunswick. violating Act. C. S. N. B. 1903, c. 34 (Fisheries), s. 31 (d), peace officer may arrest without warrant, offender against Act. C. S. N. B. 1903, c. 36 (Public Parks), s. 16, police may remove disturbers or violators of rules. C. S. N. B. 1903, c. 53 (Public Health), s. 54 et seq., gives powers of isolation of infected persons. C. S. N. B. 1903, c. 99 (Reformatories), s. 9, arrest of vagrant child. C. S. N. B. 1903, c. 166 (Towns Incorporation), s. 110, arrest by police constable, without warrant, for certain municipal offences. C. S. N. B. 1903, c. 175 (Pedlers), s. 6, a constable may arrest, without warrant, a pedler who refuses to show his licence. R. S. N. S. 1900, c. 5 (Elections), s. 85, arrest of disturber on Nova verbal order. R. S. N. S. 1900, c. 55 (Compulsory Attendance at School), s. 23, truants may be arrested by truant officer. R. S. N. S. 1900, c. 70 (Municipal Corporations), s. 70, presiding officers at elections may arrest on verbal order. R. S. N. S. 1900, c. 71 (Towns), s. 203, constable may, on view, arrest person for furious driving. R. S. N. S. 1900, c. 99 (Railways), s. 274, provides for sunmary arrest by railway constable. Scotia. Nova Canada. Ontario. Ontario. Ontario. Alberta and wan. British Columbia. R. S. N. S. 1900, c. 102 (Public Health), ss. 22 et seq., removal of infected persons. R. S. N. S. 1900, c. 116 (Prevention of Wrongs to Children), s. 3, officer may take into custody child under sixteen found in improper house. USE OF MILITARY FORCES (a). 4 Edw. VII. c. 23 (The Militia Act), provides, ss. 80-87, for the aid of the civil power. The procedure is by requisition from the civil authorities. The officers and men become without further appointment special constables, but act only as a military body in obedience to "their militia superior officer only " (b). HANDCUFFING PRISONER (c). Where the warden of a prison directed a constable to arrest a workman who was detected conveying tobacco to a prisoner, and the constable, though under no apprehension of an escape, handcuffed him and led him through the public streets to the police station, it was held that, though the arrest was legal, the constable was liable in trespass for the handcuffing (d). LUNATICS (e). Where the defendant, knowing the plaintiff to be sane, maliciously procured from the medical superintendent a warrant for his arrest, it was held that trespass would not lie (ƒ). STATUTES RELATING TO CONFINEMENT OF R. S. O. 1897, c. 317 (Lunatic Asylums: Public). R. S. O. 1897, c. 318 (Private Lunatic Asylums) (g). C. O. N. W. T. 1898, c. 90 (Insane Persons). R. S. B. C. 1897, c. 101 (Hospitals for Insane Act). This deals with both public and private asylums. (a) P. 202, supra. (b) The extent to which the volunteer militia are subject to military law and to the command of their officers is discussed in Cole v. Cooke, Q. R. 12 K. B. 519. (c) P. 209, supra. (d) Hamilton v. Massie, 18 0. R. 585. cannot plead insanity in answer to an action for assault: Taggard v. Innes, 12 U. C. C. P. 77. (f) Dobbyn v. Decow, 25 U. C. C. P. 18, his remedy was case for the malicious procedure. (g) This Act applies to inebriate asylums established under s. 529 of the Municipal Act (3 Edw. VII. c. 19). R. S. M. 1902, c. 80 (Insane Asylums Act). C. S. N. B. 1903, c. 100 (Provincial Lunatic Asylum). R. S. N. S. 1900, c. 46 (Local Lunatic Asylum). PARENTAL AUTHORITY (a). Manitoba. New Nova Scotia. The Criminal Code, s. 55, recognises in a parent "force by Canada. way of correction," tempered by s. 58, making him "criminally responsible for any excess." SCHOOLMASTERS (b). By the various School Acts of the Provinces, teachers are required as a matter of duty "to maintain proper order and discipline" in their schools (c). As a rule the methods of maintaining these things are not detailed, although in some instances a power of suspension is specified (d). The Criminal Code, s. 55, authorises parents, persons in the place of parents, schoolmasters, &c., to use force by way of correction towards any children under their care "provided such force is reasonable under the circumstances"; but by s. 58 everyone by law authorised to use force is criminally responsible for any excess" (e). 66 Where the action of the schoolmaster does not amount to assault or trespass, but merely to the suspension of the pupil from instruction, it would appear that a mandamus, and not an action, is the proper remedy (ƒ). SHIPMASTER (g). The Criminal Code provides: Sect. 56, Discipline on Ships. It is lawful for the master or officer in command of a ship on a voyage to use force for the purpose of maintaining good order and discipline on board of his ship, provided that he believes on reasonable grounds that such (a) P. 215, supra. (b) P. 217, supra. (c) See R. S. O. 1897, c. 292, s. 76 (1); c. 293, s. 41 (3); c. 294, s. 35 (3); C. O. N. W. T. 1898, c. 75, s. 102 (2); R. S. B. C. 1897, c. 170, s. 72 (3); R. S. M. 1902, c. 143, s. 194 (c); C. S. N. B. 1903, c. 50, s. 85; R. S. N. S. 1900, c. 52, s. 105 (a). (d) E.g., R. S. O. 1897, c. 292, s. 76 (9). (e) Applied in Rex v. Gaul, 36 N. S. R. 504 (1904). A schoolmaster may be convicted of assault for the too severe chastisement of a pupil: Reg. v. Smith (1893), 14 C. L. T. 54 (New Brunswick). (f) McIntyre v. Blanchard School Trustees, 11 O. R. 439; cf. British Columbia case, Phelps v. Williams, 1 B. C. R., Pt. I., 257. (g) P. 218, supra. Canada. Canada. New force is necessary, and provided also that the force used is reasonable in degree. This of course is qualified by s. 58, as to excess. Apparently, in New Brunswick, sailors are not considered to Brunswick. be over tender in their feelings. For where a sailor at the wheel had allowed the vessel to slightly veer from her course "the master of the ship approached him using very coarse and insulting language towards him, and struck him a blow in the face with his fist, which he said left a red mark and was inflamed. The master also called for a hammer and told the sailor he would knock his brains out with it." Held not sufficient to entitle him to a discharge under s. 58 of the Seamen's Act; sailors in general were not much alarmed at abusive language, and the assault was not very serious (a). Nova Scotia. A master confining one of his crew whom he suspected of stealing, during a search (having produced warrants to be issued against him), was sued for false imprisonment. Held that he acted within the scope of his authority (b). See Gordon v. Gordon (c) as to common law right of correction of seamen by master. (a) Ex parte Lowery, 13 C. L. T. 251 (1893). (b) Leith v. Trott, 4 R. & G. 120. Right to service a species of WHERE the relation of master and servant exists the right which the one has to the service of the other is regarded by the law as a species of property or interest, a wrongful infringement property. of which causing actual damage is a good cause of action (a). It has been already pointed out that an action lies for maliciously procuring a breach of contract, whether the contract be of service or otherwise (b). This remedy is merely a particular application. of the general principle that each man shall be answerable for the damage which he intentionally causes to his neighbour without any legal excuse or justification, but has only of late years been fully recognised in the English law (c). Actions for Historical origin of loss of service, on the other hand, are of great antiquity, and had their origin in a state of society when service as a rule was a matter not of contract but of status (). At common law if A. took the servant of B., he took what originally at any rate. was regarded as the chattel of B., and thereby he committed a trespass. So if a servant was beaten this was a trespass on the property of the master. It was early settled, however, that such a trespass was not actionable per se, but that it was necessary to allege, with a per quod, actual damage by reason of the loss of service (e). The action, therefore, though founded on a notion of trespass, was in substance for the consequential damage, and there was considerable fluctuation of opinion as to its proper (a) Per Cur. Grinnell v. Wells, (1844) 7 M. & G. p. 1041. (b) See above, pp. 17 and 24, 25. (c) In Bowen v. Hall, (1881) 6 Q. B. D. 333. As to the further extension in Flood v. Jackson, (1895) 2 Q. B. 21, see above, p. 25. (d) Year Book, 11 Hen. IV. fol. 2, M. 22; Hen. VI. fol. 30. (e) Robert Marys's case, (1612) 9 Rep. p. 113 a. action for loss of service. |