L. Cooley, Associated Press $55‘: Writer.) . M 8.-T day's t k FEW “mat tya hmloliar I 0gb ts 11:55:; ‘$3 to B points in perhaps a ' issues and moderate or nomin- ‘elk-Ill?! among not onl s1 *1‘ c put also most lea era. I “m; was dull. ‘averthelesl, ev- T’, o; persistent iquidatioa em- iii‘¢’a“:,,,,d prevailng uacertanties retell i" wrcl’! "1 and a damper on a modest re- iit endured for most of the pour. Subsequently weakest stocks n those which has had the largest i ‘.""'l'fn,., m. Monday, namely, Hershey, I "flora Uuioii, U. B. Steel, referred, Mipieheni Preferred; Woolworth, Pen- 5’ m“; gateway to which were added P781...“ Can, Colombian Carbon In- ‘m iiii Rayon and Coca Cola. Auburn MARKELGOSSIP a point. mils were quiet and trac- tionally lower for the most part. Oils, interested in the forthcoming Inter- national Curtailinent Contference, did fairly walk-Royal Dutch einl hll by its strength abroad. National Lead broke away from the trend with a ii Dent advance while Homestake‘ rallied nearly 8. Sales totalled only 890,410 iihares.,. . Foreign currencies, which recently had been quiet, shied away from the ll. 8. dollar, apparently ecause of fresh fears that inflationary talk in this countr might he translated into action; Ban era attributed art of the dollars weakness to spccn atlve sell- ing, there were rather large exqhlu es ino European monies still on {he gold basis. - , wllkrtrns s-roox uauxnr ma) fniijfj, pa. groilll n. iiie late trading _ rith ll 4 point hrea . Tue. Mon. Fm. 1;, s, steel moa, American Number of advances s3 o3 mephpne, Allied Chemical Du Pent Number of declines 315 380 ,,-,,,,,,,,.i Biscuit, UDiOII iiriiio. lhtl film-l" "Mhilnsed . m 14o c", not losses averaged barely half Iotal issues traded 507 612 f? ivisinci iiiiiis Will-Lil's, May 3.-Thcre were 0.1 nfigHilioii calves, 018 hogs and 43 ,|,;.,.p'iiiiii lambs for anlc on the two upnifdill livestock marks‘: today- TWO hundred and sixty nln head of t-uile have been received at a yards m... iriiii five or six cars also re- ,,,,-;;..| for export on ._the Manchester “and. sailing for Great Britain qnursilui‘. . m... (‘iillle offered were mostly cem- ‘p-iii cows and bulls and they were piling at. steady prices. Common hulls $2.75 to I3 we uni-i and plain tiilciici- s brought around 2.75. , g, t-rc a shade higher Most of 1'08 n» loiiiiii-iu light veal brought around 31pm, fair kinds around 3.25 to 8110 “,4 up to and for one small lot of tho wt rents. ' flood spring lambs brought 5 (gt-IL Slim-p were rom 3.50 to . rings wcrc steady at l5 for hacono, butchers and lights fed and watered, m} rows selling between 3 and 3.50. PRODUCE and d 4 , iioNTit b. May L-Yesterdnyi pirsiiu-ii \ re maintained rnrlny on iin- liiiiiirpiii produce and duir mnr- hi5. A slightly firmer \lilIl‘!\l' 1n de- n-itipcd but. no actual price changes siro recorded. The butlcr market was quote-l most- 1; m, in 18 cents per pound for no Jregrndcil or fresh, in carlots or loss. flirt-iota remained light at 210 boxes. shipments to fro Maritime Prov-lice! .anii Northcrn Ontario were reported, further reducing stocks Yhere with a ,ro sequriit firming of the undertone. ‘iiiilpmv-iils to Newfoundland and thc Clloesc shipments overseas and to Nrivfouiidlantl and West Indies to date ionilisil "l boxes against 5,206 a mi- nuo. Inn market ruled 9% to i0 miis pi-r pound for current recatpts with sumiiicr make at 13 to H1}; cents. ii-i-iiipli- arc ‘Hi8 boxes. _ Tim g iuurkct riiicd fit 18 to 18% rials .<-r dozen for extras, 15% to 10 ttliis or firsts and 13% to 14 cents for sounds, ihciic prices bein foi- gratin-i - iliiniril- and prairie eggs. ecclpts were 'l,-ll.\ tuscs. llir lfliiltf) market hcld steady. -__.________._._i. iNew York Curb lint-ks in (fli-iin ll A .’ Power A (i Elie Iflgh Low Close 2% 2 ‘"7’ 2 by: 21,9 2-, 2v. n. ,.. ,.. . ll 0’ o iii n i . i l‘ ' ' ..'."»"s:.".i..“". W- 'il|l \' ' ' " g‘; (lflrlirt ‘litll fi 0 . .ii.‘.’.I-'.".l'""“ i: ll b Power- A _ 3 t, The Montreal Curb ‘Market i4- uiiitm stint-s s 11' saw -]ti\'. ills Miscellaneous IIONTREAL, lifay 3.--Barley, Cap. ailan western no 3 fil oats Canadian westren no ll 40: oats feed no 1 3i); flour spring wheat patents firsts 5.00: flour seconds 4.40: flour bakers 4.30: 2.00; flour white corn 4.50; bran ton 21.25; shorts ton ‘2-1/25: middlingiitou 28.25; rolled oats bag 00 pounds 2.00- 2310; hay no 2 per ton car lots 10.00: cheese crent make 00%-10; cheese summer make 12-12%: butter no 1 fin. est 17%—18.:-eggs fresh specials ln cartons 2-1; eggs fresh extras in car- ou tons 23: eggs fresh firsts in cartons 20: potatoes new no 1 Florida 150 lbs. 10.50-11.00; potatoes new no i! Fl r- ida 150 hounds 7.00-—7.li0: otatoes i; d Que whites 80 pnunils .'l0— 0: potatoes old Que and N B grcen mountains 80 lwunds (045. COTQTN NEW YORK, lifay rt-Potton futures gogcillaosttxulsrl.‘ (fmlilfik hégfizilan 0%, c pr ll , ny u .'i . Jiiiy 511-121, an? us: sep s90, 02E coo, Nov 000, Dee 0 2-14. Spot closed qulct. lifiddling 575. isvronr-oor. Cotton spot moderate business done. Prices 4 pontis ligher American snid- tlling fair 501, strict good middling 5i , good middling 474i, strict mill- dllag 4110, middling 401 trict lovcmid- dllng 450, low middling 6, strict; m. dinnry 121i, gnnd ordinary 300, rc- cclpts were 1,000 bales including 400 American. F0 reign Exchange ' r .,- ‘Mt ‘VPREAI’. lliay .1. (By the Cunnil- lnn Piessl-Britsh and fore] change in relation ‘to the dollar. as complied by the Rnyntfllnbk of ("maria rinsed today as follow-r: Argourinn peso . . . . .. .. 020 Austi-piu viouiid _ , 3,2915 Austria echi-ilng not q Rrazll mllrvls .;. Belgium iieian .. ,, .. . Rnlmirvi lav not cuotcil (‘hlnn lion»: 3 not qmitod Czechoslovakia crown . . . , . ... ~ Denmark krone . 01".‘?! V-‘lnlanfi fipmark .. .. 0020" Wann- fnmc ,.. ,.. . . 0.0M" llcrvprwv rolsclimnrk . 0.2001 GrcaPllr-ltaln pound , '. 410i? first-M! drcvbmn ant quoted "nllnlill flnrla Hungary pengo not quoted Yhda runes ... ... ... Ttalv lirr- ' Japan You Jufroslavia divinr .. New scainnd pound , Nnrwny krone Poland zloti ltoumanin lcu “pain pcseta Sweden krone . flwltsorlanil franc .. . ,, 0.2183 1-10 c. premium l'---i-iii|:'pi| iii-in- r-y markets. which have shown ei-iil- cnccs of nervous chills whenever the suggestion of possible inflation of Un- ited States currency is mentioned to- dui- bacon selling dollars and. piiltliiil their dollar balances into other cur- rencies. * Foreign exchange authorities stated the movement. which was ividespread, began in Europe and later extended to the United States markets. They said the shifting of international funds from the United States to foreign can- u-es was the distinct reaction of the world to the passage of the Golds- borough. Blll by the House of Repre- sentatives, directing the federal 1e- srrre to restire commodity prices to flu- lcvol of 1130111. i020 by manipulat- imi of curre-r-y rnil credit. While us- aurnnces were cabled to foreign cent- res that no uiilindled currency in- flation plan was contemplated, selling of’ the dollar continued. Roma of rho selling u-iis recorded as spcculatirev. ' The United States dollar wohbled in - France, Belgium, Swltzcrlantl and llol.‘ land. As a result, the currencies of all thosn nations were quoted above thc gold export point-or that price 0 at which it is cheaper to ship gold “Imam, A 111%: Lexi Clog; afifi. "- "- "h i] C Scagrams 1% "is i I Deni: 2103's w‘ s“ 8r; i. Elsi-rill‘ .4, , ‘st-ac .\lii "u, _ ~_ " glib-r "liffllll ... . as M 6.7 . alicr liirnni Pfil , 91,5 Canadian Gov’t. Bond Quotations B sked °'"' Id a Ema of (‘an ... 514-94" 10o 100a (n ii ,..ii -s1 don 10o ,.. ... 4 -l l. M w . 0. 0i , Ila; l.-I'or- (lraae Iritall from Now York in payment of foreign t obli nfions than to buy the currencies of. hose nations with Unltcd States money. The currencies of Belgium and Hol- land went to new hllh prices for the year. The Dutch (milder, a gold eur- rsncy, was conspicuously strong and exehaa e dealers reported heavy shift- ing of nlances to Holland. The Guild- er closed at 40.58 cents for cable tran- sfers, up 08 of a cent. Other foreign currencies which are well cemented to a gold showed strength at the cost of the dollar. Belgian francs advanced 0.1 of ac-i eat to 14.05 cents. French francs were up 1-10 point to 3.04% cents, re- versing the franc's recent downward trend: and again putting it shove the gold. Swiss fraaica also Joined thc up- ward pronessio . In London. however. the dollar and the pound sterling closed the day at prices unchanged from the previous (Twa- Canadian dollar in the New York r4 market was frsctionally weaker. 08011! BEVERUIS IONTIIIIIAL. May it. (By the Canad- Ian Prnss)-Grosa revenues of the gene-flan Nlltiglilldnélllxllillg 43f the r . were fiiiifllllii-“f.'~‘l~...'f'..i.i viii. not...» r tiio corres Olidllagmlfiliflfl in 1931, decrease of 1.250, flour winter wheat patents choice 230- D lliloNTRfiAlinlMflj al-nieitnir any- n. x7. flli-iwilletili" I cd fairly steady standard any Qmgthe quail es qieieesrioonituaiseiieiipuieraul em‘ I \ manna... tlonireai Market ~ Sillelights MONTREAL, May 3. (By the Can- adian Pressy-The familiar picture of a sagging market was scen at the Montreal stock exchange today. Prom- flrst: mortgage sinking fund bonds, ‘ Biscuit Company, lins not been aid. ‘ A bondholders’ protcctlvcv comm ttce, formed some weeks ago, is working on a plan of reorganization for the coin- any. Exchnnga sales totalled 0,321 shares against 0,430 yesterday. Bond sales ,400 with no important price changes. States funds at a premium of 12 l-lil per cent, SUGAR NEW YORK, May 3.——Raw sugar was quiet nnil unchanged today at 2.00 for s s po . The day's busln or . td l 12,700 tons. May ‘Ectltsrsedgrfiglfalaulyorllly, Sch (i1. 141F821, Jan 70 March 81, and The only change in tlin refined sit- uation locally was tho announcement by refiners that thnt ilio 21/, cont per hundred allowance in llcu of tho four payment plan would be continued un- til tomorrow. Prices locally were list- ed at 3.80 for fine granulated and whilc thcra was n fair enquiry report-l ed, it was only for nearby require- meats. ' Accordllng to n prominent sugar ec- onomlst licrc thc consiidptlnn of re- fined sugnr in the United States for this first three months of this year was estimated at 1,100,153 tons. against 1,215,410 tons for the same time last year. Grain Market CHICAGO CHICAGO, May 3.—Selling of wheat bought of lute on correct cxpectancc of bullish private crop estimates led to sharp setbacks in prices today af- tcr an curly advance. At the‘ bottom of tho downturn. wheat showed n loss of more than nluo cents u. bushel from tho recent high. The decline curried the market to thrrioimst prices touched in more than a month. Wheat closcii unstable, 14% under yesterday's finish, corn Iii-bl. down, unis 1,4,, off to M. up and provisions un- changed to 12 cents decline. ‘VINNIPEG WINNXPEG, May 3,—i\iid weakness at Chicago presumably on higher private crop report, estimates was reflected in setback; in all three wheat futures in tho grain pit here today. Wheat closed unsettled 1', to 11/, cents lower than Saturday's close. llny declined one cciit at 50%; July one to 9t, iit 011,5 to 01% and October eased 11,4, to close at 611%. Chicago allvnnilrd rntlicr sharply at the start hut there was no response here and the market to tho south de- clined. '.l‘liere appcnrcd to have been some expectation that prices would advance on the private crop estimate. but when this failed to materialize there was a general feeling of letting go. The average csflmntc of experts put thc yield at 4li.'l.000,000 bushels, or 5,000,000 bushels higher than the govermncnt report. A lgbt iniprori-mcnt was noted in cash wheat demand at slightly higher spreads. (‘onrst- grains \\'t'I‘(‘. dull and actual sales confined to burl-y and rye for export. session Of DI‘. Thbillfif TOCK maturing lliay 1, Jiiiil of the Cnnniln ‘ Sterling closed lit $4.1M! and United S T it Bearing lT C 1 -' lVcs Elcc ... ,.. 22 211,1; 2i, \Voolworth 0C _. , 3 32 (Elli Worth Pump ... ... 5%, ITORONTO. May ).-lliinlng c e‘ High '1 . O . Sales Stock R Wheat-May 50%; July 0113-155; Oct for the week hblitl 'offi'ces THEQHARIDTTETOWN GUARDIAN 1V1) Foul) QU TA TICONS New Yorkj ' 1 Stock Market -- ' Quotations ii. lnent issues touched new low icveiii Stocks Hill! 140W Lit" while the index of 20 representative all; (‘up ... ... ,.. 351/1 stacks went tovlltltl, a I10“ all tint) A“; I111; ‘fa. ... . “B, WV‘ My“ Trading was light with public inter- A" (louver ‘4 4 43“ est at a low ebb. international Nickel AMINO" . 57 . 30% went to its-lowest point in scvcrnllAll" 4"!“ "35 ,1 1,, years when it sold at 6% down 1,5 and 3"" M001 i-YI 12/5 "7, Dominion Bridge was also at a new fIKII-zi - “an? low _i_st:- 12, off n-polnt. Building Pro- i,“ l-flfm" -.- ' u, .... ' ducts was another to scrape into new 2"“ 1 ---i . v 21% -' a ' territory, off V‘ at 141,5. “m! “W! --~ . e 97! 85 8% ‘T e issues man to overcome ‘M’ - , 1 g‘ the general trend. They were Dryden 9 '- IQ 32 3,,,_ Paper, 14 higher at 1%. Bell Tdophonc E2,‘ ,1 2J- up 1,4 at 851/; and Eastern Dairies, up r3-l 33% a point at 1|. Among losses were Char- , , 137! 5‘ ics oiirii, 0111/‘ at no; lilcCoil si-oa- f" 1'01"" . - - 31% P?’ fall’) tenac, off M. at 8%; Quebec Power oft ,1‘~‘"nM?'-°"" ... ... 10A 12] ‘m; 1 at lfibnillllfliilll Pacific, oft‘ I. in yonavczflllihluly- --~ 1%?‘ 15 '15 12* “"1 “Wm” I'm"- ‘m '4 ‘" lions-tour Oil 10% 111:2 10% Power led'in activity with sales of I" "" . w 17 10 1091f 1,842 followed by Nickel slid C. P. R. " 5 5% 5.12 yvith sales of 1,000 and llliil rcspective- I ' 5g; 5% 5% L. l. , _ __ . _, It was announced that half yearly II‘°"I""*'T",' "' ' 6% l?!‘ interest duc May 2 on tho 8V, por cent “Fm ""1 9 . is Pnc . (‘a rb Mining Exchange sales Low Clost thin n e. n _t_ii,- of constructive 1mm 5°11" '- '------- l 11% "V4 new: dcrewipmellitépnnd faccdkwith a 2M0 57"‘ -- 70 70 70 continued pleciipm-im-the Wall Btregt llltltiiAtex ... 01 0i arket, the local took market in to- ' \'"° 019s m“ d y'l“sesllon icon lliucd to sag into 1'99 B HQHIIIBEI‘ - 01W: “W: new 10's, 8mm“! in. ugh; denungm A; 3.5015 Bitlgofld ... . 04% O4 0-1 tho close the average price of tivrnty 100° Blmkerhm. ~ 011/; 01% m-l/g stocks showed a loss mi the day of .01‘ film B "5 llltlul?" if,“ 35;: 3;, w h tli_e lnqll-x isloiilsig nt the new inin f9" 3"“ U1" -4 -,-; J aiiiuni of18iilti."N'e'\v‘lniva riii- thc your 19"," “will” 01% 1w “"4 orjilonger weroretnhlishcd by lntcr- f4" If°m° - “Q 979 ‘W,’ nht ninl Nlckcljlloininion Bridge anrl '5" ("lmmm - v- ‘I? ‘h’ ‘b ‘llutlllltig Products. The ilay‘s market If“) "°"|"F°' ‘ ' " 45" “"0 "440 o... almost completely devoid of feat- 59x3 . . ... -014, -12? .824: Ilrth, - \EF a use - — .- lllgb grade bonds. were moderately 7‘ a 82 toidny with ‘provinclals éinlrlimun- an -a s? n"goo< ‘ cmhni sn rl'up ' functionally. international Issues were m,” huh" ' " 1,8,4. H“ “P; iitemly. C. . Iifii again being thc w‘) Mflmyl“ " " ” I85 J principal feature in trailing. Public -50 1mm"? "c", " 70% 7025 70% litliltles wore mostly inactive, as were limo ‘mmnlhu " m“ on‘ m“ induslrials, although the general liIl- * fir‘? f" ' " 31% derfono was good and prices rcmain- “on P '9 "3 {i000 Nornlllln 4810 Sarnln . 4810 Sherritt 30 1210 Siscoe ...., 501/, bill-f. 501 St. Anthony . . 00 00 0 500 Suil Basin 100Sylranite . 40 4t! 40 1000 Tasbotn , , 011/; 01% 011,-’; 1.015 Tack hughes .. 3B0 305 {i110 500 Thomas Cad 03 03 0.’! 10‘! Vlpond , ... 27 '27 1Y1 200 “Write Ack 28 ‘J’! 2B 2510f) “flit Cong . 28 28 2R 128.1 \Vrlghtlsill.‘, o .. 220 221 2'27 ilrer 21 oTinl sales 155,000 shares. UNLISTEI) 500 (‘on lifan ... 05:15. 050, 0.1"‘. 50 lj-ltesenrch . . 60 (i0 d0 100 il-(Jopper ... ,. 8.1 70 B6 5x20 llldorsdo ,, 1i.‘! 101 101 2.3 Hudson Hay 1.'L'i 155 155 47.1 Nick 1 , . n75 our 57a 500 Kirk Kilt] 55 55 b? 7500 McLeod . 02% 02 025.’. 2050 P-Oreille 52 b0 ."il H000 Pen Pete A, . 011/ 0" 02 mo Ventures .. ca»; 2m 251/, CURB 900 Brownlee , 01% 01% 01% 04 02 o1 t . 1500 Ribago ... Montreal A Stock Market Quotations ended April so, i982. were was announced at the today. This was a de- cren f $154, f g preparations offered to the public. gfézifihfor ti? citriggllitglleflllizuliisl --___._.._.__ ‘Whit-f asks an inquisitive young coast and-ail country merchants I147», “is, the moat popular color for bio-end extremity moderate in ‘no one should he without e these matters, but, we should pre- uFHQQII-QNN 000.1 a ' hqsitiforsale. so, being easily pre- e bride?" Y! be a little particular in “ Court was set aside by Justices Ar- ' falling agreement of the parties to’ u‘ ant having shot a fox escaped from ,. world, in which foxes are regarded ,,,, dict of the Jury be set aside or in ' the alternative that Judgment be "I entered for the plaintiff for the ,/ shows and exhibitions are each year l’ held in this Province and other PAGE FIVE Black, cross or patch foxes cs- caped from ranches are domestic annuals and are to be regarded leg- ally as such if caught running at large in the Province. This, in ef- fect, was the decision reached in the appeal ease of Herman A. Eb- ers, plaintiff, vs. Cay MacEaahern, defendant in which a. Jury verdict given previously in the Supreme senault and Saunders. A verdict for the pizmtlfl for $50 was sug- gested by the appeal judges, or, this verdict, a new trial on the question of damages for the defend- the ranch of the plaintiff. The fact that Prince Edward Is- _land is the only province in Canada and perhaps the only place in the legally as domestic annuals, was re- ferred to in the judgments. Counsel in the case were Mr. Gil- bert Gaudet, K.C., for plaintiff and Mr. Donald MacKinnon, K.O., for defendant. The Judgments of the Appeal Judges were given as follows: MR. JUSTICE ARSENAULT This is an action for damages 5 tried at the last session of this Court before the learned Chief Jus- tice and a Jury. The action was for the wrongful killing of. a fox be- longing to the plaintiff which es- caped from the ranch ohFs-ank Mc- Kay where said fox was being ranched by the plaintiff and which was shot. by the defendant. The only question left to the Jury by the learned Chief Justice was to find. the value o! xthe fox and, whether through a misunderstand- ing of their dutyvor through per- varsity, the Jury-found" "that-the fox was ofmo value. "‘-‘-' ~ " This application is" that the yer- amount claimed on the grounds set out in the application. The questions for consideration, iii this case are two-fold. First, are‘ silver or black foxes domestic ani- mals in this Province? Second, if this is answered in the affirmative was the jury Justified in finding that the fox shot by the defendant was of no value? The substantial question reserved by the learned trial Judge for the consideration of this Court is whether reached foxes in this Province are domestic anl- 1 male and therefore within the pro- 15 visions of the Domestic Animals Act. Silver and black foxes have been bred in captivity 1n this '_P_rovincg for many years. Originally no “doubt! wild foxes were captured and held. in captivity but for a period ex- tending back twenty-five years or more such has not been the case and foxes now ranched are foxes which have been bred in captivity for generations past. It is a. matter of common know- ledge that a great many farmers own mnches and are breeding foxes and that foxes have become Just as much part of a farmer's livestock as his cattle, sheep and pigs. Fox to serve such likevpurposes. Not a "Wild Animal" It has been in-ged that the fox iii ferle natures, a wild animal, and that; it can only be considered the and that once it regains its freedom as it is kept in confinement by him I sliver and black foxes have long been recognized as part of the live stock of the Province and have been so classed and the Legislature has but given legal acknowledgment to the facts by incorporating them along with horses sheep and poul- try and subjecting them to the pro- visions of the Domestic Animals Act. Such being the case, a person has no’ more right to shoot or kill in this Province than he would have to shoot or kill any other do- mestic animal. tlon. Was the Jury Justified in find- ing that; the fox was of no value to the plaintiff? If a horse or cow or dog were killed without Justifica- tion, the damages sustained would not be measured by the value of the animal after it is dead but by its value alive. The measure of dam- ages ln this case was the value of the fox alive as a domestic animal at large. fact that the annual ts at. large and there is s. possibility of expenses in connection with its capture, thc damages should not be the full value of the fox in the ranch, and r am of opinion that the Judge's, seats. piss. poultry. cats. does. charge m this respect was flghm» and all other animals which by ancl so in estimating the amount the defendant should pay this is a matter that can well be taken into consideration. the person who had it so confined loses his property in it. How can it be said that a. fox which gets out of its ranch and wanders out re- gains its freedom? For an animal to regain its freedom it ts necessary that it should have once been free and then held in captivity and ll’ it then escapes it. can be said to have regained its freedom. The fox 1n question and in fact rimched foxes in the Province generally never had any freedom to regain. They and their parents for generations back, have been bred in captivity as hovel other animals. It is true that they are confined by their owners but so are horses, cattle, sheep and hogs-perhaps to a but nevertheless they are all sub- Jecl: to a. certain degree of confine- ment and restraint. lesser degree 'l‘he pertinent point here is that silver black, cross or patch fox We now come to the second ques- True it ls that, considering the l In view of the fact that this, Court holds that a ranclied fox in. this Province is a. domestic animaif rabbits, game 0g a" kinds, mo“ and that the defendant does not deny that the fox in question was an escaped fox and that he shot it. i am of opinion that the plaintiff] entitled to a verdict iirio the ver-l dict should be for a reasonable amount. The Jury found that the fox wast of no value. We think this verdict cannot’ stand and in the circum- stances, unless the defendant sub- mits to have this verdict changed to a verdict for $50.00 and costs‘ and the plaintiff agrees to accept‘ this amount, there will be an order for a newtrtal ho assess demaiesl only with costs to the plaintiff of y uie first min and of this applivfl-l tion. ment to this chanBe, will be an order for Judgment for the plaintiff for $50.00 and costs of the trial and of this application. I Should there be an agree- tlien there MR. JUSTICE SAUNDERS 1- ' 84%,"- Ji"! ‘mil’- °°‘ ha?’ pgzzv-I-Jtr of. ti, piii-te of Canada and at llvc stock _ " >'—- av 8MB. July 33,1“. Oct 1,,.,,,:,l,"i.i,‘,a v 1Q), fairs. The Live Stock Branch at 'I'liis action was brought to rc- w- ii:.*'"n.§-"- °-'--"Y-.Z "i: i" 31°33; ‘Jfiifmfifiitii ifiifiiii. 23123133 ”£.‘.‘.‘Z.°‘.§ ‘liff’.'l‘il°.“.if.’i m}?fiQE1HP5QQFdnS2Q9~HQfm}, "s; I“; 1?: ,3” cattle, sheepysnd horses. In faction his farm premises. The plaintiff :o§vaortrfztlc'ilg,m&'ling ,1 ‘Iilslinjlmlfg? lined 13 13 11'4- foxcs have commonly been regard- a owned a pair of sliver black foxes‘ gxoiitsgoizonci/z z 341% t ‘pool :12; iv 3515:, "L: f: latrtiltialésufrovince for many years ‘ and had them reached w h Olltifli ma coal, rr-Jectcd 22oz, trot-ii aiu. 45; animals and in class- =Frank McKay, of East Roya Y- e ‘stylized lzlizrvnelflog 5% ing them among the domestic ani- Frank _McKay, like many other ‘rpm, 1b,, 3 e ,,. w,“ no 4 n w as}? if l" 3v, gt. msi the Legislature in 1919 only farmers in this Province, We! 91i- "° 5 9 " “'4- “° “ ° W 32"‘- ‘"'°" °"/- 2° ‘a’: Blve recognition to the fact that gaged in the breeding and raisnigi Boson» wuss-s- fo zixieyuweredthen {considered as part of fixer but: lftorxssitforigiiael e231; slim?‘ “If; a:;1::""°d B 3. of ciiii"rfi'i' a’! 2g 2g the PrlivlnQTExersm: 11231:; fa was a 1222s bred fox. I have no . . 2g, gig’; I sauna any Ant that makes the dog or cat doubt that this fox was thc progcnv| o“ m" 60,243,,‘ srontm] _ m, s. domestic animal, they are con» of foxes bred incaptlvity for agrcat s sidered-suchbecauae they have be- many years. It escaped from its ‘ _ uonmlunfiTmftln "m. come subservient to the use of man pen and was at large for several zzchupflt - m om_c°n8,der_ p," o; m, dud," Pam“, “m”, and so the fox has now been made days. The defendant about this time had lost some of bis poultry-l l-le saw every evidence of these hav- ing been kilied by some animal. as, feathers and blood were strewn: over the snow. He believed it was, the Dillliiilfl‘! fox that did the kill- ‘iing, although as a fact he did not property of the individual so long _:ice the fox kill any. The fox came to the defendant's a little after; aigk,_and_v,eat_risbt__strsiebt-J°=i pbatioally ferae natures, nioiign i I decision of the Court being that t found at liberty which are tiierc- i Escaped Foxes Declared‘ To Be Domestic Animals‘ Jury VerdictSet Aside In Interesting Appeal Case Before The Supreme Court In » Which 1919 Amend- ment To Domestic Animals Statute, islativeAnnals, Is Cited As AiuthorityForgDecision. " Unique In Leg- - I the hen house and the defendant‘ L; v i. e it may happen that the habits shall be sometimes tamed and confined by the art and industry . of man. Such as are deer in a park. rabbit or hares in an eri- ciosed warren, doves in a. dove- liouse, pheasants or partrldges in a mew, hawks that are fed and commanded by their owner. and ‘ fish in a private pond or in tanks. These are no longer the property of a man, than whilc they coa- tiuuc in his keeplffg or actual possession: but if at any time they regain their natural liberty. his property instantly ceases; nless they have animus rever- tendi, wblchls only to be known by their usual custom of return- n ing It would also appear from Black- shot him. The plaintiff claims the stone than an animals were 0,151“- value of the fox as a live animal. ‘ally wild. If, therefore, IIOTS$, cat- The action was tried at the last “c, cm, were at one time wild am. January sitting of this Court before , rials and are now known to be d0- the learned Chief Justice and he lmestjc or tame gnlm3l5,th15 change charged-the Jury as follows: , “The whole question for you to decide is narrowed down to one. l You are to fix the value of thc fox. The rest of thc questions involved in determining whether it will have to be ultimately paid or not are questions of law which will be considered later. "It is only in the event of the according to lawthe defendant is bound to pays. price for this fox that. your verdict will come into effect." The Jury returned a verdict of no value for the fox. The plaintifl on the 26th clay of January, 1032, gave the defendant a notice of motion to have the ver- dict given herein set aside and a new trial hacl between the parties, or in the alternative that Judgment be entered for the plaintiff for the amount claimed together with the costs of the action or for an order that the defendant pay to the plaintiff the costs of and occasioned by the motion of such other order as may seem Just, upon the follow- ing grounds: 1. ‘Phat the verdict was contrary to the evidence. 2. That the verdict was contrary to the evidence and to the direction of the learned trial Judge and per- verse. 3. That the verdict was against the evidence and against the weight of evidence. 4. That the verdict was contrary to law. ' Authorities Cited Lord Halsbury in his Laws of Englandpvol. 1, p. 365, par. ‘796, 5W5? . . ' "The common law follows the civil law in classifying animals in two divisions, as follows: (1) Domestic or tame. This class includes cattle, horses, sheep, habit or training live in associa- tion with man. . <2) Wild (ferae naturae) and not classified as domestic or tame. This class includes not only lions, tigers, eagles and oth- ers of an undoubted savage na- ture but also deer, foxes, hares, nust have taken place when they ‘seldom were found wandering at urge and when released from con- flncmexit. had thc animus revertendl owing to their association with man, or by his industry have been subjected to his will and have rio disposition to escape his dominion. Question In Issue The question now is, are foxes domestic or tame animals. I am convinced beyond doubt that foxes in this Province, owing to thc fact that they have been bred in captivity for many years and have 1 received exceptional care and at- tention, have greatly changed in ’ their habits and disposition. I am far from saying that when released they havc the animus revcrtendi or that they would have no disposition __ to escape the owner's dominion. I am equally convinced, however, that the legislators of our Pro- vince believed their habits and dis- position have so completely chang- , ed and altered as to be now regard- ed ss domestic or tame animals. We have in this Province an Act known as "The Domestic Animals Act," passed in the your 1888. This Act is intended to regulate the run- . nlng at large of tame animals within the Province. It has no re- lation whatever to wild animals or ' what are generally‘ known and de- scribed as animals Ierae naturae; it might very well have been called "The Tame Animals Act." When thfsAct was passed no such industry was known in this Province as the fox industry. It is true that a. few pioneer fox men were then engaged in raising and breeding foxes. The year 1910 was the beginning of the breeding and raising of foxes in captivity on a large scale. It soon spread to great proportions. It is well known that in the years 1912 and 1913 fabulous prices were paid for silver foxes. - In fact all foxes were highly prized I. and valued and it is reasonably.» safe to conclude that few, if any, _ foxes were then to be found run- I nlng at large in our province. ' 1t is also reasonably safe to ' pigeons, tvlid fowl and the like, conclude that since the year -- and all fishes, reptiles and 1n- 1910 practically ell foxes in .- sects." In ,Kent's Commentaries on American Law, Blackstone series, vol. 2, p. 348, it is said: "Animals ferae riaturae, so long as they are reclaimed by the art and power of man, are also the subject of a-quallfictl property; but when they return to their natural liberty and ferocity, with- out thc animus revertendi, thc property in them ceases. . . If‘ an animal belongs to the class of tame animals. . . he is then clearly a subject of absolute property; but if he belongs to tho class of animals which are wild by nature and owe all their tem- porary dociilty to the discipline of man, such as deer and several kinds of fowl, then the animal ls a subject of qualified property, and which cortinués so long as the tsmeness and dominion rc- main." And lie sums up by saying (p. 349): "The common law has wisely avoided all pcplexlng questions and refinements. . . . and has adopted the test laid down by Puffendorf. by referring the question, whether the animal be wild or tonic, to our knowledge of his habits. derived from fact and cxpci-icncc." Blackstone says (vol. 2, p. 991): "A qualified property may sub- sist in animals ferac riaturae per industrlam liominis; by a man's reclaiming tlicm and making them tsmc by art, industry and education; or by so confining them within his own immediate ' power that they cannot escape and use their natural liberty. And, referring to theories and arguments that all animals were originally or instinctively wild, he says (pp. 891, 392): "Our law apprehcnds thc most obvious distinction to‘ hc, bctivcen such animals as we generally sce tame, and are therefore seldom, if ever, found wandering at. large, which it cells domitae naturac; and such creatures cs arc usually this Province have been raised and __ bred in captivity. It is well known that hundreds of fox ranches have been built. throughout the Province ' at a very great expense and that many thousands of foxes have been raised 1n captivity. The Island has for years been known as the home v of the fox industry. We have here the head office of thc Canadian National Fox Breeders Association - and the Dominion Experimental , Fox Breeders Station. It is well known that for years foxes have ‘ been regarded in this Province as " the chief llvc stock of many farm- crs. Foxes are handled with great- cr care and given much more at.- tcntion than any other of thc llvc stock on thc farm, duo to thc fact that they are so valuable and have proved to be so profitable. All- foxa are now registered and pcdi- . grees carefully kept and they are _, now being exhibited at a great many shows and exhibitions. 158B Statute After many years of confinement I and breeding their habits and dis- position bccamo so completely changed that in the year 1919 they were regarded by the fox breeders as tamc or domestic animals and the legislators of our Province in 1919 included them in “The Dom-o cstic Animals Act." The Act of 1988 is as follows: 1. This Act may be cited as ' “The Lioincstlc Anflais Act." i 2. In this Act unless the con- I text otherwise requires: 1 (s) 'l'iie expression "animal", except in the second part of this Act, means and includes horses, neat cattle, e121 ep, swine, turkeys, geese and all other domestic fowl. (b) The expression “animal" in the second part. of this Act means ' and includes a stallion, bull, ram or boar pig. fore supposed to be more em- lceatiaissd tin-Pest]! f‘,