370 EXCHEQUER COURT REPORTS. [VOL. XV. IN RE 1915 251 BARS OF SILVER ET AL., Feb. 18. (DEFENDANTS) APPELLANTS; AND THE CANADIAN SALVAGE ASSOCIATION ; (PLAINTIFFS) RESPONDENTS. No. 2. Admiralty Law—Shipping—Salvage—Release and Bail—Competency of incorporated company to contract as Surety—Practice. Held, that in a salvag e case arisin g in the Quebec Admiralty District an incorporated company duly authorized by law to carry on the business of suretyship may be accepted as bail for the purpose of releasing the property salved. THIS was a motion by way of appeal from an inter- locutory order of the Local Judge of the Quebec Admiralty District refusing the bond of an incorporated company, authorized to carry on the business of suretyship in Canada, offered as bail for the release of 251 bars of silver bullion salved from the wreck of the Empress of Ireland. February 18th, 1915. The appeal was argued before the Honourable Mr. Justice Cassels at Ottawa. George F. Gibsone, K.C., in support of appeal. A. C. M. Thomson, contra.
VOL. XV.] EXCHEQUER COURT REPORTS: CASSELS, J:—There is no rule or practice forbidding a surety company duly authorized by law to carry on business in Canada being accepted as bail in a pro- SILPR ceeding in the Quebec Admiralty District. Rules 45-52 respecting bail do not attempt to exclude such A~oc ANON. companies, and while the forms of the bond and affidavits of justification are made to apply to indivi- dual sureties, it must not be overlooked that the interpretation clauses to the rules declare that "person" shall include a body corporate. There will be an order declaring the sureties offered by appellants not to be incompetent by reason of their being incorporated companies; and that the proceedings for release and bail be remitted to the Registrar of the Quebec Admiralty District to be continued before him in due course as to the sufficiency of the security. 76298-24h 371 1 915 BAR$1oF ,AN T A H D S I AN Rea s o nafor Judgment. Appeal allowed.
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