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tirst, and afterwarls the Court of Queen's Bench, have found the facts and the law in this case to be in favor of Reshondendents. Sth. Because Appellant’s action has been rightfully dismissed with costs,

Mr, Aerr, QC. in reply, pRpes the ditérence between a servitude in the Province of Quebec, and an easement., The laws of Tease and hire as contained i in the Code, were appli. cable to all kinds of tenure “all corporeal things might be leased cr hired” (1) :even incorporeal things might be lensed or hired (2). The allegations of the Pluintifti S declaration were sufficiently wide to enable the Courts to adjudicate on all the points raised by him (3): upon the whole he contended that the appellant was entitled to a judgment in his favour.

The Chief JCsricE: The statute under which defendants were created a Corporation, 12 Vic. cap. 154, recites that the sround on which St. Andrew's Church was erected for the publie worship and exercise of the religion of the Church of Scotland, in Montreal, was purchased by Alexander Rae and William Hunter, as trustees, for the congregation worshipping in the said chureh, and held under a deed dated 3rd May, 1805, for the benefit and behoof of the said church, and the congregwation thereof, and for no other purposes. The statute further recited the purchase of certain lots forming part of the Beaver Hall property, in the city of Montreal, by certain trustees of the said church, for the use and behoof of the said congregation of the said church, and on which there was then being built à church suitable for the increased numbers of the said congregation. The inconvenience of the trustees not having à corporate capacity was also referred to, and the Legislature proceeded to constitute the then existing trustees (who are named) a body corporate and politie, by the name of “The Minister and Trustees of St. Andrew's Church, Montreal.” They were authorized to make, establish, and put in execution, alter or re peal such by-laws, rules, &e., as Shall not Le contrary to the Constitution and laws of the province, or to the provisions of the Act, or to the Constitution of the Church of Scotland, as established in Scotland, as may appear to the ( Jerporation necessarv or expedient for the interests thereof. Three of the members of the Corporation to form à quorum, for all matters to be done and disposed of by the Corporation. Section 2: The Corporation were to hold, stand, and be possessed of the lots of

1) Civil Code, L. C. 1605.

(2) Civil Code, L. C,, 1606.

(3) Code Civ, Proc., L, C,, Part, 20.