38. Explain the nature, extent, and incidents of the Admiralty jurisdiction relative to disputes between joint owners as to the employment of a ship. 39. In what, if any, circumstances will the owner of a ship be liable for injury occasioned by the negligence or want of skill of a pilot employed by him? 40. What restrictions have been imposed by statute upon the ability of persons holding spiritual preferment to engage in trade? A contract is entered into by a beneficed clergyman in violation of the restriction mentioned in the first part of your answer. What will be the result as to the validity of the contract, and how, if at all, would such result be affected by the circumstance that the person with whom the contract was made was aware that the other contracting party was a beneficed clergyman? INDEX. ABATEMENT OF LEGACIES, 95 ACCEPTANCE OF RICE, contract for, measure of damages, 49 RENT, effect of, 84 ACCESSORY before the fact, 255 after the fact, 254, 255 ACCOMMODATION BILL, proof in case of, 17 ACCOMPLICE, evidence of an, 265 ACCUMULATE legacies, effect of trust to, 92 ACKNOWLEDGED DEED, effect of, 66 ACKNOWLEDGMENT by married woman, not now required, 141 ACT OF GOD, legal meaning of term, 134 ACT OF PARLIAMENT, conversion by, 46 ACTION in respect of married woman's estate, 72, 73 for dissolution of partnership, steps in, 346 ACTIONS, limitations of, 101 ADDITIONAL SECURITY, its effect, 188 ADEMPTION, 196 ADMINISTRATION of assets, 1, 3, 21, 144, 169, 171, 345 ACTION by creditor, 169 DECREE, contents of, 171 under s. 73 of Probate Act, 1857,...284-5 granted to a creditor, 286 ADMINISTRATORS AND EXECUTORS, 59, 60 ADMIRALTY, 300, 365, 368 ADMISSION of tenant for life of copyholds, 47 ADVANCE of money, when partnership created thereby, 146 ADULTERY, divorce on ground of, 289 - NOT PARTNER, though sharing profits, 147 AGENT'S fraudulent representation, 122 AGREEMENT, with parol variation, 209 AGREEMENT TO SELL a ship binding, 305 AIR, OBSTRUCTION TO, 137 ALIENATION of property to go over on, 205 ALTERATION OF DATE of cheque, 26 SCOPE of registered company, 27 ANNUITANT-VENDOR, no partnership though profits shared, 147 ANNUITIES, 198, 237 ANTE-DATING a deed, effect of, 261 ANTICIPATION, effect of restraint on, 67, 70, 75 APPEARANCE Conditional, not necessary, 164—5 APPOINTMENTS, CONTRACTS in relation to public, 40 - APPOINTMENT of new trustees, 218 APOLOGY for libel, 262 APPRENTICE, bankruptcy of master, 352 APPROPRIATION of payments, 6, 7, 354 ARBITRATION, 167, 354 ARCHITECT'S POWERS under builder's contract, 16 ARRANGEMENTS, FAMILY, 61 ARTICLED CLERK, bankruptcy of master, 353 ARTICLES of the Church, construction of, 312 ASSESSMENT of damages, how made, 49 ASSETS, ADMINISTRATION of, 1 - MARSHALLING of, 4 ASSIGNMENT OF POLICY, order and disposition, 13 MARINE insurance, 117 ASSOCIATION, ARTICLES OF, alteration of, 27 not registered when wound up by Court, 33 ATTACHMENT, writ of, 177 ATTEMPT to commit a crime, 255 ATTESTATION of a will, 242 ATTORNMENT CLAUSE in a mortgage, 123, 128 AUCTION, trustees' sale by, and private contract, 216 AUCTIONEER making verbal declarations, 233 AUCTIONEER'S AUTHORITY to bind vendor-trustees when one is a AUTHORITY, paramount conversion by, 46 OF BROKER to bind principal, 42 AUTREFOIS ACQUIT, 267 CONVICT, 267 AVERAGE, general and particular, 117 AWARD, when set aside and published, 354 BAD CHARACTER, evidence of, 167 BAILMENT, 133 BANKERS' BOOK Evidence Act, 1879,...166 LIABILITY on paying a cheque with forged indorsement, 25 BANKERS, PAYMENT to, as agent, 349 BANK OF ENGLAND NOTE, alteration of date of, 26 BANKRUPTCY, 8-16, 379, 380 OF ACCEPTOR, drawer, or indorsee, proof in event of, 17 OF MASTER of apprentice, 353 OF TRADER, effect on lender of money or vendor of PROOF under, 198 Laws, fraud on, 205 LIMITATION for estate to go over on, 205 OF PURCHASER before goods delivered, 241 BANKRUPTCIES, SEARCHES for, 237 BARRING ENTAILS, 57 BEANS, injury to, by collision, 112 BEQUESTS, EXECUTORY, 60 C C BEQUESTS OF LEASES where lessee has option to purchase freehold, 45 BEYOND THE SEAS, 101-102 BILL OF EXCHANGE of bankrupt, effect of, 13 BILL OF LADING, 379 and promissory note, 17, 18 effect of certain clauses in, 113 effect of retaining, 116 when its clauses apply, 113 BILL OF SALE taken by surety, 188 BILLS OF SALE, 18, 19 builder's contract if a, 16 ACTS, registration under, 16 BOND executed by principal and surety, 186 - to secure a child's appointed share, 156 of bankrupt for debt proveable under his bankruptcy, 13 BROKER, SALE of goods through a, 42 BUILDER'S CONTRACT, bankruptcy of builder, 16 BUSINESS, carrying on, by executors, 59 CAB PROPRIETORS, when liable for negligence, 105 C'ESTUIS QUE TRUSTENT remedy against trustees never statute barred, 226 |