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![handle is hein.slavery/ssactsengr0226 and id is 1 raw text is: LOGAN V. LE MESURIER [1847]
of opinion that no sufficient grounds have been stated to enable them to allow the
appeal, and they, therefore, pronounce for the Protest, and dismiss the Respondent
from all further process.
[Mews' Dig. tit. COLONY; III. APPEALS TO PRIVY CouNcIm; 3 Leave to Appeal. On
point (i.) as to leave to appeal (6 Moo. P.C. 107), cf. Crenbidi v. Parker; the
Aspasia, 1856-57, 11 Moo. P.C. 79; (ii.) as to peremption of appeal by act under
decree, see Lo hnan v. laji J.oosub Bhudladina, 1851, 7 Moo. P.C. 373. See also
0. in C. of Dec. 11, 1865 (Stat. R. and 0. Rev. iv., 403) as to appeals in mari-
time causes; Colonial Courts of Admiralty Act, 1890 (53 and 54 Vict., c. 27);
rules as to such Courts, Aug. 23, 1883 (Stat. R. and 0. Rev. i., p. 631); and list
of Courts (up to Dec. 3], 1899), as to which they have been superseded by rules
made by the rule-makinig authorities of such Courts and confirmed by 0. in C.
under s. 7 of the Colonial Courts of Admiralty Act, 1890, in Pulling's Index to
the Stat. R. and 0., 3rd edition (1899), p. 106. The Slave Trade Act, 1824
(5 Geo. IV., c. 113), s. 29, was repealed by the Slave Trade Consolidation Act,
1873 (36 and 37 Vict., c. 88) s. 30.]
[116] ON APPEAL FROM, THE PROVINCIAL COURT OF APPEALS
FOR THE PROVINCE OF LOWER CANADA.
JAMES LOGAN and HART LOGAN,-Appellants; HENRY LE MESURIER,
HAVILAND LE MESURIER, ROUTH, and WILLIAM HENRY TILSTONE,-
Respondents * [Dec. 6 and 7, 1847].
Messrs. H. L. and Co., of Montreal, entered into a written contract with Messrs.
L. and Co., for the sale of a quantity of red pine timber, then lying above the
Rapids, Ottawa River, stated to consist of 1391 pieces, measuring 50,000 feet,
more or less, to be deliverable at a certain boom at Quebec, on or before the
15th of June, then next, and to be paid for by the purchasers' promissory notes
of ninety, days from that date, at the rate of 93d. per foot, measured off: if
the quantity turned out more than above stated, the surplus was to be paid
for by the purchasers at 9 d. per foot, on delivery; and if it fell short, the
difference was to be refunded by the sellers. The price of the 50,000 feet at
the agreed rate, was paid by Messrs. L. and Co., according to the terms of
the contract. The timber was not delivered on the day prescribed in the
contract of sale, and when it arrived at Quebec, and before it was measured
and delivered, the raft was broken up by a storm, whereby the greater part
of the timber was dispersed and lost. Messrs. L. and Co., after the storm,
collected such of the timber as could be saved, paid salvage for it, and applied
the timber saved to their own use. In an action, brought by Messrs. L. and
Co. against Messrs. H. L. and Co., to recover the amount paid on their pro-
missory notes, and for a breach of the contract, and for the difference between
the contract price of 91d. per foot and 101d. per foot, the market price when
the timber was to have been delivered:-
Held by the Judicial Committee, affirming the judgment of the Court of Appeals
in Lower Canada,-
I. That the action was maintainable.
II. That, by the terms of the contract, until the measurement and delivery of
the timber was made, the sale was not complete; and that the transfer of
the property was postponed until the measurement at the delivery; and that
the risk remained with the sellers.
III. That the taking possession of a part of the timber by Messrs. L. and Co.,
* Present: Lord Brougham, Lord Langdale, Lord Campbell, the Right Hon. Dr.
Lushington, and the Right Hon. T. Pemberton Leigh.
628
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