What is the test for whether a city by-law is enforceable in the absence of a by-laws?
Saskatchewan, Canada
The following excerpt is from Gowans-Kent v. Assiniboia Club, 1915 CanLII 238 (SK QB):
Manning v. City of Winnipeg, 21 Man. Repr., p. 203, was decided upon the ground that the statute required a by-law; and also that there was no acceptance by the corporation of the service.
DeGrave v. Monmouth, 4 C. & P., p. 111, does not seem to assist us except that it is authority for the proposition that goods ordered by the mayor of a corporation may, when supplied, be adopted by the council by a mere examination of them.
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