The Equity Decisions of the Hon. John W. Ritchie : Judge in Equity of the Province of Nova Scotia : 1873-1882
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Soon after, and while they were so preparing to leave, fish appeared in the berth, and then, as the plaintiffs say, Coolen, who was in charge of their boat, called out to Buchanan, who was in charge of the defendants' boat, and whose seine was then partly down, to shoot the seine and divide the fish ; this he did and secured one hundred and twenty barrels of mack- erel or thereabout, and having done so refused to divide them, but claimed and retained the whole.
The defendants admit the plaintif...fs' sole and exclusive right to fish in the berth on their arrival there, and they claim that they are entitled to the fish, not on the ground that they had any right to take them, except under the authority of Coolen, but because he told Buchanan to shoot his seine, say- ing nothing about division of the fish till they had been taken.
That the plaintiffs should have unconditionally permitted the defendants to take the fish is highly improbable, as they thereby would not only have lost at least the chance of taking them, but would also have deprived themselves of their right to the berth which, under the regulations, would have passed to the person who had the next turn.
What to read after The Equity Decisions of the Hon. John W. Ritchie : Judge in Equity of the Province of Nova Scotia : 1873-1882?
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To quickly assess the difficulty of the text, read a short excerpt:
Soon after, and while they were so preparing to leave, fish appeared in the berth, and then, as the plaintiffs say, Coolen, who was in charge of their boat, called out to Buchanan, who was in charge of the defendants' boat, and whose seine was then partly down, to shoot the seine and divide the fish ; this he did and secured one hundred and twenty barrels of mack- erel or thereabout, and having done so refused to divide them, but claimed and retained the whole.
The defendants admit the plaintif...fs' sole and exclusive right to fish in the berth on their arrival there, and they claim that they are entitled to the fish, not on the ground that they had any right to take them, except under the authority of Coolen, but because he told Buchanan to shoot his seine, say- ing nothing about division of the fish till they had been taken.
That the plaintiffs should have unconditionally permitted the defendants to take the fish is highly improbable, as they thereby would not only have lost at least the chance of taking them, but would also have deprived themselves of their right to the berth which, under the regulations, would have passed to the person who had the next turn.
What to read after The Equity Decisions of the Hon. John W. Ritchie : Judge in Equity of the Province of Nova Scotia : 1873-1882?
You can find similar books in the "Read Also" column, or choose other free books by Nova Scotia. Supreme Court to read onlineMoreLess
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