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INDEX.

PAGE.

Abandonment-See Charter Party-Insurance.

Abatement-Nonjoinder of defendant-Evidence-Pleading

Account-See Mortgage.

Accumulation-See Appointment-Devise.

Accused Persons-See Evidence.

Action-

Joinder of wife-Separate Estate.....

See Cause of action-Charge-Company-Contract-Costs-Executors and Adminis
trators-False representations-Frauds, Statutes of-Innkeeper-Principal and
Agent-Rent-Theatrical engagement.

323

197

Ademption-

Devise-Subsequent sale-Rents due before completion......
Legacy to daughter-Subsequent covenant to pay her money...

345

345

Recital of debt-Release-Subsequent codicil and subsequent debt....
See Devise.

345

Administration of Justice-Recent changes in..........

270

Administration of Justice Act-

Affidavit under sec. 29, by whom to be made-Partner-Attorney's Clerk....... 46, 105

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Procedure Changes caused by Act......

62

Striking out false pleas-Defence for time-Acknowledgment of falsity of plea in ex-

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Omission to make endorsement on Bill-Neglect to proceed-Con. Order 488

Upon petition filed after decree of divorce...

Allotment-See Company.

Alteration--See Affidavit.

Alternative contract-Sec Damages,

Ambiguity-See Legacy.

16

16

141

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Amendment at Trial-Appeal to Court.......

See Administration of Justice Act-Stay of proceedings.

Amendment of the Law-Judicial suggestions for.....

American Law Review........

Ancient Light-See Party wall.

Annuity-Charge upon corpus..

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Value of Mode of calculating-" Carlisle Tables"-For joint life—Admission of
evidence....

See Election-Legacy.

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111, 141
Answer-Striking out cause when answer filed without authority-Proper parties to move....... 16
Anticipation-

Double execution by tenant for life without power of anticipation, of power of ap
pointment after death-Liability of income.........

Appeals-Court of, in Quebec......

Appointment-

To child for life with power to appoint-Proper execution of.......
To wife for life with power to appoint-Proper execution of.........
Void appointment-Destination of funds-Rents.....
See Anticipation-Lien-Power-Priority-Settlement.

Appropriation-See Bills and Notes.

Arbitration-

Improper conduct of arbitrators-Irregularities-Waiver...

Jurisdiction of Court where no arbitrator appointed-Injunction.......
Plea-Agreement to pay such sum as might be awarded.

Arrest-See Insolvent Act.

Articles See Corporation.

Assent-See Legacy.

Assessment-Market value of Railway......

Assignee See Rent Charge.

Assignment-See Bankruptcy-Policy.

Assurance-On life of husband for benefit of wife.......

Attachment of debts in Division Courts.........

See Contempt.

Attestation--See Will.

Attorneys-Allowing colonial attorneys to practice in England......
Notice signed by Clerk with authority.....

Auction-

See Costs-Trust.

Advertising sale-No contract with any one acting upon it...
Description in Catalogue-Connection with sales ledger-Statute of Frauds
See Vendor and Purchaser.

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Average-See General Average.

Award--See Arbitration-Specialty Debt.

Baggage-See Carrier.

Bail-The Law respecting....

Bailment-See Defective Building-Negligence-Warehouse Receipt.

Bank--See Lien-Negligence.

Bankruptcy-

Assignment of property after act of insolvency in pursuance of former agreement is

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Covenant from third party to grant contract to nominee does not pass to assignee
Covenant-Joint and several-Rights of creditors...

Foreign Bankruptcy-Court will not inquire into propriety of claims proved under..... 20
Fraudulent preference-Plea of-Averment that proceedings in liquidation is neces-

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Bankruptcy-

PAGE.

Transfer when insolvent, but not under pressure-Bona fide transaction-Fraudulent

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President Grant's message on.........

See Company-Covenant-Executors and Administrators-Insolvent Act-Lien- -Lim
itation-Married Woman-Partnership-Trover.

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.........

........

198

2

.122, 185

Bench and Bar......
Bequest-See Ademption - Annuity-Appointment-Charity-Class-Condition-Devise-Elec-
tion-Evidence-Executors and Administrators--Illegitimate children-Legacy-Lex
loci-Limitation-Marshalling assets-Mortgage-Trust-Undue influence-Vested

interest-Will.

Bill of Lading—

Absence of words "or order or assigns "-Constructive notice of agreement....... 346
"Quantity and quality unknown "-Invoice quantity.....

Signing by master without mate's certificate that goods on board......
See Freight-General average-Hypothecation-Insurance.

Bill in Equity-Scandalous allegations in.......

Bills and Notes-

Appropriation of property to drawee........

Cheque sent with request to accept renewal bill-Cheque must be returned if bill not

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Pleas traversing acceptance-Proof under, of alteration in date.........
Request by acceptor not to present for payment-Discharge of drawer.

See Bankruptcy-Damages-Evidence-Letter-Mortgage-Trust.

Blackwood and the British Quarterlies-Notices of........

Bottomry Bond-See Wages.

199

346

21

199

346

142

142

21

346

.84, 267

294

135

Brice's treatise on the doctrine of Ultra Vires.....

British North America Act-Power of Local Legislatures to enforce laws by both fine and im-
prisonment

Broker-

........

Damages against party causing insolvency of, by not meeting engagements.......
Death of Principal-Selling stocks before ordinary time-Amount Broker entitled to.. 199
See Evidence.

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Damages for Breach of Contract-Loss of baggage-Detention and expense............

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PAGE.

Charge-Purchase of reversion by tenant of renewable lease upon which there is a charge........... 199
Charity-See Annuity-Appointment-Legacy-Mortgage.

Bequest in trust for such descendants as might need aid is charitable............
Increase in value of property-Application of-Mixture with other property.....
See Contract-Cy Pres-Marshalling assets.

199

21

Charter Party-

Advance by Charterers-Loss-Claim to repayment.
Construction of-Warranty as to position of vessel.....
Insurance on freight-Release of Charterer by delay

142

142

142

Lump sum as freight-Destruction of part of cargo-Liability for freight,
See Contract.

346

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Collateral Agreement-See Landlord and Tenant

Collision See Beale v. Marchais, L. R. 5 P. C. 316-Negligence.
Colonial Attorneys practicing in England...
Commerce-Tribunals..............

Commercial Travellers-Samples with not Luggage...

Commission-Proof of due taking of—Affidavit before a Notary..
Commissioners for taking Affidavits―Jurisdiction over......
Common Carrier-See Carrier.

Common Recovery-See Devise.

Company-

Breach of Trust-Guarantee-Application of funds...
Calls on shares--Indemnification to vendor--Bankruptcy
Directors--Election of-Voting by proxy........

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Directors not liable for false prospectus to holder of shares not an original allottee... 346
Disputes among governing body-Injunction-Receiver.........

200

preparing

False prospectus-Action for issuing-Director cannot set up that he took no part in

346

Purchase by Broker for several principals-Liability of each....

200

Transfer of shares-Invalidity...

Qualification of directors-Contract to take stock-Attending meeting as director... 346
Amalgamation of companies.......

198

200

See Mortgage-Partnership-Penalty.

Complicity-See Extradition.

"Comprehensible" Law Book

Condition--Ignorance of until time for preformance elapsed..

See Arbitration-Landlord and tenant-Legacy-Mortgage Trust-Vendor and pur-

chaser.

Conditional Limitation-See Settlement.

Condonation-See Fraud.

Conflict of laws-See Marshalling assets.

Confusion-See Charity.

Consolidation of the Statutes...

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Contempt of Court-Liability of married woman to attachment-35 Vict. Cap. 16, (Ont.)...... 106
Contingent fees.........

Contingent remainder-Sce Devise.

Contract-

Breach of Notice of intention not to perform--Right to sue....
Cause of action-What it comprises......

Claim under-Deficiency of specifications....

14

77

Consideration for-Supply-Party not obliged to give order..........

84, 143

143

201

PAGE.

Contract-(continued.)

Construction of-Susceptible of two meanings-Jurisdiction......
Delivery of goods in equal portions-Countermanding-Demand for balance...
Demurrage Illegality-Objection by defendant to complete..
Determinable-Nature of....

326

200

22

200

House and premises now occupied-Building attached-Penalty-Damages...
Injunction to prevent breach-Party applying breaking his part......................

347

143

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Time for ending-" For twelve months, after which time three months' notice ".

347

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Conviction-Action against magistrate for not returning--Division Court jurisdiction-Tort...... 320
Copyright-Sufficiency in setting forth name of publisher...

Coroner-Office of........

Production of prisoner before by habeas corpus..

Corporation-

Authority of officers-Agreement not under corporate seal.........
Clerk-Contract for engagement of must be under corporate seal..
Paid up shares-Liability to contribute.......

Subpoena duces tecum

See Company-Contract-Municipal Corporation-Writ.

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78

45

347

201

216

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Records Entering-Precedence of Barristers-Time for in country causes.................

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Defending suit caused by negligence of third party-Right to recover costs of......... 22
Plaintiff entitled to have suit brought without his authority stayed without payment of 148
Revision of taxation after payment of

16

Security for Nature of property necessary as answer to application for..

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See Demurrer books-Election cases-Lien-Privileged communication.

35

6

Meeting of..

186

.........

Covenant-

Land adjoining to be left for common benefit prohibits building........
Right to convey-Liability on-Inadvertenee......

347

43

Shipping goods from dock, construction of...

143

......

See Arbitration Contract-Landlord and Tenant-Lease-Legacy-Penalty-Settle-

ment.

Cremation-Benefits and disadvantages of.....

Criminal Law-Offences against Laws of China include those against Law of Nations..

See Embezzlement-Indictment-Larceny Rape.

Criticisms on Text Writers, Reporters, and other legal authorities......
Cross-examination- Affidavit on production not within Con. Order, 268 .......

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