http://dx.doi.org/10.14288/1.0060922
data provider: CONTENTdm
alternative: JUDGMENT--BARNARD V. WALKEM.
is referenced by: http://resolve.library.ubc.ca/cgi-bin/catsearch
is part of: Sessional Papers of the Province of British Columbia
creator: British Columbia. Legislative Assembly
issued: 2016-03-30
issued: [1880]
aggregated CHO: https://open.library.ubc.ca/collections/bcsessional/items/1.0060922/source.json
format: application/pdf
note: 43 Vic. Judgment—Barnard v. Walkem. 429 IN EQUITY. IN THE SUPREME COURT OF BRITISH COLUMBIA. Before the Honourable the Chief Justice, Hon. Mr. Justice Crease, and Hon. Mr. Justice Gray. Judgment—F. S. Barnard, Plaintiff, vs. G. A. Walkem, Defendant. C J. This matter now stands for judgment on the application for an interlocutory order upon the defendant to restrain him from sitting and voting in the Legislative Assembly. The defendant has already demurred to the bill for want of interest in the plaintiff, and that demurrer has been overruled in the usual way. The plaintiff now moves on notice for an interlocutory injunction, and evidence has been taken, the most important part of which is the statement of the defendant himself, whose examination has been reduced to writing. The jurisdiction is, so far as I am aware, entirely novel, being founded on tho 9th section of tho British Columbia Statutes of 1879, No. 9.—(: The Court, or a Judge, may "restrain from sitting or voting in the Legislative Assembly any person elected to or " sitting or voting in the said Assembly contrary to the provisions of this Act." Section 1 declares that "No person accepting or holding any office, commission, or employment, "permanent or temporary, to which an annual salary or any fee, allowance, or emolu- "ment, or profit of any kind or amount whatever from the Dominion of Canada is "attached," shall be eligible to, or sit or vote in, the House of Assembly. Section 2 contains a similar declaration of incapacity as to any person undertaking any "contract" or "agreement" with respect to the public service of the Dominion, or under which Dominion money is to be paid for any service or work. Section 10 provides that "the "words 'contract' and 'agreement' in this Act .... shall not apply to a mere isolated "and single instance of ordinary work done, where immediate payment therefor respectively " is intended to be made." It was strenuously urged at the bar that this exemption extended to the "e…
has type: Legislative proceedings
identifier: J110.L5 S7
is shown at: 10.14288/1.0060922
language: English
provider: Vancouver : University of British Columbia Library
publisher: Victoria, BC : Government Printer
rights: Images provided for research and reference use only. For permission to publish, copy or otherwise distribute these images please contact the Legislative Library of British Columbia
source: Original Format: Legislative Assembly of British Columbia. Library. Sessional Papers of the Province of British Columbia
title: IN EQUITY. IN THE SUPREME COURT OF BRITISH COLUMBIA. Before the Honourable the CHIEF JUSTICE, HON. MR. JUSTICE CREASE, and HON. MR. JUSTICE GRAY. JUDGMENT--F. S. BARNARD, Plaintiff, vs. G. A. WALKEM, Defendant.
type: Text