. The Montreal law reports [microform]. Law reports, digests, etc; Law; Jurisprudence; Droit. 6âCOTJBT OF QUKBN'S BEN0H> 121, UM. C. P. R. do. k Robiuon. Judge has evidently misunderstood the contintio^ of the appellants. They did not contend that this/prescription created a presumption of indemnity or saUsfaction, but that it was evident, from the terms of theAArticle 1050, that if the claim of the deceased were extinguished in any wi»y, whether by payment, prescripticW^or otherwise there* was no new right of action in favbr of his widow created by his decease. It is submitted that if the
. The Montreal law reports [microform]. Law reports, digests, etc; Law; Jurisprudence; Droit. 6âCOTJBT OF QUKBN'S BEN0H> 121, UM. C. P. R. do. k Robiuon. Judge has evidently misunderstood the contintio^ of the appellants. They did not contend that this/prescription created a presumption of indemnity or saUsfaction, but that it was evident, from the terms of theAArticle 1050, that if the claim of the deceased were extinguished in any wi»y, whether by payment, prescripticW^or otherwise there* was no new right of action in favbr of his widow created by his decease. It is submitted that if the right of action can be extinguished by paymtit to the injured person during his lifetime, jt can also U extinguished by lapse of time, provided that the law hat fixed such lapse of time as alimitatjion to the right to recover. /. a Patton, QC., and C. A. GeofriJn, , for resptfh- dent:â .â â .:â¢; â .-â ^: : The respondent's action is taken nkder the provisions of Article 1066, specially excepted iri isub-section 2 of Ar- . ; tide 2262, relied upon by the appellAn,t8. \ j Article 1056 provides that " in alfcsises whete the per- son injured by the commission of An offence or a qua^i- , offence, dies in coijsequence iwZ/ioitf/Aawmg- obtained intUm- uUy or satisfaction, his consort and ihis ascendant and de- scendant relations have a right, hk only within a year after his death, to recover from the persibn who committed the offence or quasi-offence, or his Vepresentatives, all dam- ages occasioned by such ;/ ' ⢠To ordinary minds nothing cati bo clearer than this ar- ticle, which is new law, and w^lich gives a specific right ~ of action, and limits the time yithin which it m\ist be instituted. Sub-section two of'Article 2262 also refers to ^^Q tpeeial provisions of Art. 10^, and e^fcepts them. The ap- pellants, however, pretend to have discovered another' ' * interpretation of these articles, which, until all other means of defence had failed them,
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