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Memoir of the Life of the Honorable William Blowers Bliss - Page 35 |
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never parted with its original title, it retains the full power of granting lands, notwithstanding another may have possessed himself in the meantime, and be in occupation of such lands, except the power of the Crown has been restrained, and limited by Statute. In the present case no Statute has that operation, and effect, and without entering into any consideration of the Policy of the law where it is my business ‘only so state what I conceive to be the law, I am of opinion that the direction of his Lordship the Chief Justice was in this respect incorrect." This opinion abounds in legal authority showing most thorough research, in support of the conclusion reached, and although a recent decision in the Supreme Court of Canada affirmed by the Privy Council on appeal has held that that part of his opinion which limited the Crown’s right to grant where there was adverse possession for twenty years was erroneous yet in the particular case under consideration he was undoubtedly right. There are so many reported cases in which he gave elaborate and important judgments that it is a matter of difficulty to select those which deserve especial notice. In the well known case of Woodberry vs Gates, N. S. R. 255, will be found a clear exposition of the law bearing on conventional boundaries between adjoining owners. "The law," he says, "is ever the guardian of good faith, and interposes by a wholesome rule to prevent its violation. Who does not see that it would be a breach of good faith if these admissions, and this agreement could be thus set aside? The affairs of life could not be carried on with safety unless such conduct could be relied on with perfect certainty. It would doubtless be more prudent, better in every respect, if the parties in such cases executed deeds to perfect their intentions, but men—-especially in these remote situations do not generally conduct their business with a legal adviser at their side, and though in such matters technical and legal difficulties may interfere to defeat their arrangements, the law will generally be found subservient to justice as I think it is here." |
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