LEGAL DEPARTMENT. 629 



The facts of the case were as follows : — • 



The plaintiffs were the grantees, and one H the grantor in a bill 



of sale which specified certain property conveyed, and contained the fol- 

 lowing clause : ' ' And all property owned or to be owned by me, and 



including all renewal stock or stock to be purchased by me. ' ' H 



subsequently acquired possession of a horse and colt. The colt was 

 the progeny of a mare conveyed by the bill of sale. The horse was bought 



in for H at a sale had at his direction to satisfy a lien which he 



claimed for keep. H made a formal delivery of the horse and colt 



to the plaintiffs, stating that he delivered them to be held on the terms of 



the bill of sale, but H always retained the actual possession. The 



defendant (the sherif?) seized and sold the horse and colt under the 



execution against H and the plaintiff claiming that the property 



was not his brought action to recover same. 



Held that the colt, being the progeny of a mare conveyed by the bill 

 of sale, passed to the plaintiffs. (Nicholson v. Tempk, 4 New Bruns- 

 wick, R. 248. ) 



CRUELTY TO ANIMALS. 



By the Municipal Act (R. S. O. 1897, c. 223, s. 540) it was enacted 

 that municipalities shall have power to pass by-laws for the prevention of 

 cruelty to animals as follows : — 



For preventing cruelty to animals, and for preventing the destruction 

 of birds, the by-laws for these purposes not being inconsistent with any 

 statute in that behalf. 



By Chapter 172, Revised Statutes of Canada, it is enacted that every 

 one who wantonly, cruelly, or unnecessarily beats, pounds, illtreats, 

 abuses, overdrives or tortures any cattle, poultry, dog, domestic animal 

 or bird, — or who while driving any cattle or other animal is, by negli- 

 gence or ill usage in the driving thereof, the means whereby any mischief, 

 damage, or injury is done by any such cattle or other animal — or who 

 in any manner encourages, aids, or assists at the fighting or baiting of 

 any bull, bear, badger, dog, cock, or other kind of animal whether of 

 domestic or any other nature, shall, on summary conviction before two 

 Justices of the Peace, be liable to a penalty not exceeding fifty dollars, or 

 to imprisonment for any term not exceeding three months with or with- 

 out hard labor or to both. 



Anyone building, making, maintaining, or keeping a cock pit on 



