La revue de jurisprudence du recueil des décisions de Québec, 10. köide

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Charles C. de Lorimer, 1904

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Contents

161
28
688
361
286
595
527
609

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Page 341 - ... he shall be released from all further or other proceedings, civil or criminal, for the same cause (m).
Page 7 - But more usually these forfeitures created by statute are given at large to any common informer; or, in other words, to any such person or persons as will sue for the same; and hence such actions are called popular actions, because they are given to the people in general. Sometimes one part is given to the king, to the poor, or to some public use, and the other part to the informer or prosecutor; and then the suit is called a qui tam action, because it is brought by a person 'qui tam pro domino rege,...
Page 343 - ... adduced, his acquittal on that indictment may be successfully pleaded to a second indictment; and it is immaterial whether the proper evidence was adduced at the trial of the first indictment or not.
Page 229 - ... then only for such sum as the said arbitrators shall award ; and the obtaining the decision of such arbitrators, on the matters and claims in dispute, is hereby declared to be a condition precedent, to the right of any member to maintain any such action or suit...
Page 231 - There are two cases where such a plea as the present is successful : first, where the action can only be brought for the sum named by the arbitrator ; secondly, where it is agreed that no action shall be brought till there has been an arbitration, or that arbitration shall be a condition precedent to the right of action.
Page 100 - An auctioneer is a person, who is authorized to sell goods or merchandise at public auction or sale for a recompense, or (as it is commonly called) a commission.
Page 349 - This is an appeal from the judgment of the Court of King's Bench for the Province of Quebec (Appeal Side...
Page 220 - He whose land borders on a running stream, not forming part of the public domain, may make use of it as it passes, for the utility of his land, but in such manner as not to prevent the exercise of the same right by those to whom it belongs ; saving the provisions contained in chapter 51 of the Consolidated Statutes for Lower Canada, or other special enactments.
Page 133 - Si, dans les cas ci-dessus, le grevé de restitution au profit de ses enfants, meurt, laissant des enfants au premier degré et des descendants d'un enfant prédécédé, ces derniers recueilleront, par représentation, la portion de l'enfant prédécédé.
Page 107 - ... with ordinary caution are likely to be misled. It would be a mistake, however, to suppose that the resemblance must be such as would deceive persons who should see the two marks placed side by side. The rule so restricted would be of no practical use.

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