4. ABANDONMENT.-Of Mining Claim-Express renunciation
not necessary]-Express renunciation of a claim is not
necessary for actual abandonment of it. The right under
No. 32, sec. 3, to mine on Crown lands, originating in pos-
session, terminates with cesser of use of the land possessed.
WARRIOR COMPANY v. COTTER

ACT OF GOD.-Detention of Ship by-Liability for
See SHIP.

ACT OF INSOLVENCY: See SEQUESTRATION.

ACTION.-Right of, for Diverting Road

See CENTRAL ROAD BOARD.

For Damage to an Infant .

1.

PAGE

M. 81

L. 112

L. 61

2.

L. 53

See OATH.

3.

- By Poundkeeper, under 18 Vic., No. 30, sec. 22. .
See JURISDICTION. 6.

L. 45

ACTS OF PARLIAMENT (IMPERIAL): See STATUTES.

No. 145, sec. 126

INDEX.

PAGE

E. 141

See CROWN LANDS. 2.

No. 230

See DOWER.

PAGE

. E. 170; I. E. & M. 77, 79, 84

INTESTATE'S REAL ESTATE. 1, 2, 4, 5, 6.

No. 231, secs. 15, 16, 22

L. 155

See LICENCE.

2.

AFFIDAVIT.-Of matter depending in Court]. An affidavit
filed under the "Instruments and Securities Statute,"
No. 201, sec. 56, verifying the residence and occupation of
the attesting witness to a bill of sale, is not within the
"Common Law Procedure Statute, 1865" No. 274, sec. 379,
an affidavit " read or made use of in any matter depending

PAGE

7. AFFIDAVIT: Verifying petition for winding-up Order. E. 81
See PRACTICE IN EQUITY. 13.

AGENT-Selection under Land Acts by

See CROWN LAND. 3.

APPAREL (WEARING).-Exception of from assignment in
trust for Creditors

See CREDITOR'S DEED. 9.

E. 50

I. E. M. 56

APPEAL.-To Privy Council.-None from rule for a new trial].
The granting of a rule absolute for a new trial is not a
decision by which the merits of the case may be concluded
within the meaning of 15 Vic., No. 10, sec. 33, granting
an appeal to the Privy Council. The refusing of such a
rule is a "decision" by which the merits are concluded.
CROOKS v. ORMEROD.

2.

3.

4.

5.

To Privy Council-Value of matter in issue]. Upon
application under the Order in Council, for leave to appeal
to the Privy Council, the value of the matter in issue
is a fact to be tried and controverted, and upon which
both sides are to be heard.

KETTLE V. THE QUEEN.

To Privy Council-Security by Crown]. Upon leave
being given to appeal against a decision of the Court in
favor of the Crown, the Court is bound by the Order in
Council, if the decree be carried into execution, to require
that the Crown shall enter into security for the due per-
formance of the Order of the Privy Council on the appeal.
KETTLE V. THE QUEEN.

To Privy Council-Costs of].
See COSTS. 1.

To Supreme Court-From Court of Mines-What
must appear on
case stated by Judge; and what on case
stated by the parties]. Under the Act No. 32, sec. 71, on a
case stated by the Judge, it must appear that the parties
cannot agree; and that notice of appeal and security for
costs have been given; and the non-appearance of these
requisites is ground of preliminary objection to the juris-
diction of the Judge of the Court of Mines to state, and of
the Supreme Court to hear, the appeal. But on a case
stated by the parties the non-appearance of these requisites
is no ground of preliminary objection to the jurisdiction,
and the actual defect of the requisites is only to be taken
advantage of by motion, on affidavit of the defect, to strike
the case out of the list.

To Supreme Court-From Justices.] Right to begin.

6.

on

See PRACTICE AT LAW. 2.

7.

on.]

To Supreme Court-From Justices- What must appear
It need not appear on the face of a case stated by

L. 132

E. 141

E. 141

L. 131

L. 24

L. 155