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النشر الإلكتروني

CHURCHES-Trial of minister of Methodist Church for immorality—
Second charge for same offence-Res judicata-Rules of
discipline-Procedure-Church court-Removal of pro-
ceedings-Certiorari-Delay in applying for: Ex p. Currie,
9 Occ. N. 314; 28 N. B. Reps. 475

CLERK OF THE PEACE-See Assessment and Taxes

CLOSE OF PLEADINGS-See Notice of Trial

CLOUD ON TITLE-See Assessment and Taxes.

COLLATERAL SECURITIES-Power of sale-Negligent sale-Party chargeable
with difference between amount sold for, and
market price, 253

See Banks and Banking-Bills and Notes-Mortgage

COLLECTOR OF TAXES--See Principal and Surety

COLLISION-See Maritime Law

COLLUSION-See Assignments and Preferences-Execution

COMMISSION-See Evidence-Foreign Commission—Solicitor and Client—

Will

COMMISSIONER-See Foreign Commission

OF MINES-See Mines and Minerals

COMMITMENT See Canada Temperance Act-- Married Woman
COMMON CARRIERS-See Carriers

COMPANY-Bill by shareholder on behalf of himself and all others--
Refusal of company to take proceedings-Demurrer, 121
Calls—R. S. O. c. 157, s. 45-Validity of transfer of shares,

69; 20 O. R. 440

Winding-up-Claim by servant Leave to sue company

granted under C. S. Man. c. 9, s. 276—
Directors, 347

Contributories - Purchase by company of its
own shares-Transfer of shares to manager
"in trust"-Object of-Ignorance of trans-
ferror-Transfer of liability - Liability of
manager as contributory, 298; 21 O. R. 264
Contributories-Solvency of company-Excess

of assets over liabilities-Issue of shares at
a discount-Right to do so, 300; 21 O. R.
349

Foreign proceedings - Order refused in Nova
Scotia when proceedings pending in Eng-
land: In re The Halifax Sugar Refinery Co.,
22 N. S. Reps. 71

Insolvent bank-Appointment of liquidators—
Exercise of discretion by Judge, 246; 22
N. S. Reps. 97

COMPANY — Winding-up-Building society — Contributories

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- Liability

of mortgagors-Double liability of share-
holders Matured shares Transfers of
shares not entered in company's books-
Liability of estate of deceased shareholder
-Husband not liable for shares held by
wife-Infant shareholders - Membership-
Priorities-Joint shareholders-Estoppel :
In re St. John Building Society, 9 Occ. N.
348; 28 N. B. Reps. 597

Objections to petition

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Purposes for which
company incorporated- Question of insol-
vency Rights of creditors - Evidence of
insolvency-Time-Trading company, 58;
7 Man. L. R. 255

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Privileged claim for costs, 349

Question of insolvency-Proof-Power purely
statutory, 313

R. S. C. c. 120, ss. 20, 29, 70, 77-Banks and
banking - Shares Subscription for
Transfer of, 125; 18 A. R. 209

R. S. C. c. 129, s. 62-Rule 71-Claim filed
without mention of security-Application
for leave to withdraw, 363

Transfers of stock by directors to avoid double
liability-Paying transferees to accept such
stock-Transferors not liable, 289

See Banks and Banking—Constitutional Law-Costs-Discovery-
Insurance-Judgment Debtor-Shares-Trusts and Trustees

COMPENSATION -See Arbitration and Award-Estoppel-Expropriation of
Land-Highway-Municipal Corporations - Railways

and Railway Companies--Will

CONDITION-See Bond-Churches

PRECEDENT-See Pleading

CONDITIONS OF SALE-See Vendor and Purchaser

CONDITIONAL SALE-See Crown Lands-Evidence-Sale of Goods

CONFLICT OF LAWS-- See Private International Law

CONGREGATION-See Churches

CONSENT-See Costs-Evidence-Mechanic's Lien-Prohibition

CONSIDERATION-See Bills and Notes-Chattel Mortgage-Covenant-Fraud
ulent Judgment-Fraudulent Representations-Maritime

Law-Mortgage

VOL. XI. C.L.T.

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CONSOLIDATION OF ACTIONS-Identity of issues-Application by common

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CONSTABLE-See Municipal Corporations-Notice of Action

CONSTITUTIONAL LAW-Action of trespass-Plea of "act of state "-Pre-

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municipal Courts of colony, 223

Assignments and preferences-R. S. O. c. 124, s. 9
-Ultra vires—Bankruptcy and insolvency, 174;
21 O. R. 152

Authority of Dominion Parliament to establish
criminal Court-Summary Convictions Act-
Police magistrate may act under-Conviction
under R. S. C. c. 148-Minute of adjudication
-Costs-Defendant and wife not competent
witnesses: Ex p. Porter, 9 Occ. N. 501; 28 N.
B. Reps. 587

Conviction for keeping a gambling house-- Criminal
offence-By-law passed under authority of
Provincial statute-B. N. A. Act, s. 91, s-s. 27
-Ultra vires, 117, 205; 7 Man. L. R. 518

Liquor License Act-53 V. c. 56, s. 18 (0.)—54 V.
c. 46, s. 1 (O.)-Local option-Sale by whole-
sale-Sale by retail, 294; 18 A. R. 572

Public Schools Act, 53 V. c. 38-Abolition of sep-
arate schools-Denominational schools-Right
or privilege by practice--Powers of Provincial
legislature to make laws relating to education,
23; 7 Man. L. R. 273

Territory added to Manitoba in 1881-Powers of
Canadian Pacific Railway Company--Provin
cial license to stock companies-Provincial
legislation ultra vires, 113; 7 Man. L. R. 389
Validity of 51 V. c. 15 (0.)-Lieutenant-Governor
-Power of pardon: Attorney-General for Can-
ada v. Attorney-General for Ontario, 10 Occ. N.
336; 20 O. R. 222.

Winding-up Act, R. S. C. c. 129, s. 3-Intra vires—
Foreign corporation doing business in Canada
-Liquidation: Allen v. Hanson, 18 S. C. R. 667

CONSTITUTIONAL LAW-50 V. c. 4, s. 141 (N. B.)-Power of Provincial Leg-
islature to pass Appointment of Canada

Temperance Act inspectors-B. N. A. Act-
Trade and commerce-Administration of jus-
tice, 183

51 V. c. 2, s. 4 (O.)-Rule 30-Powers of Provincial
Legislature to clothe Master in Chambers with
power to try controverted municipal election
cases. 172; 21 O. R. 162

See Appeal-Criminal Law-Navigation-Schools
RIGHT-See Municipal Corporations

CONSTRUCTIVE FRAUD-See Principal and Surety

SERVICE-See Writ of Summons

CONTEMPT OF COURT-Newspaper articles-Scandalizing a Judge-Judge

sitting in Chambers acts as delegate of the
Court-Jurisdiction in prohibition- Master's
report-Procedure -- Interrogatories-Attach-
ment--By whom application for, may be made:
Reg. v. Ellis, 9 Occ. N. 379; 28 N. B. Reps. 497
Publication stating a decision of the Court to be a
judicial outrage-Charging Judge with dis-
honest motives-Attachment for contempt—
Execution of-Practice-Filing interrogatories
--Defendant declining to answer-Sheriff-
Escape from custody: In re Hawke; Reg. v.
Hawke, 28 N. B. Reps. 391, 400

See Costs

CONTINGENT INTEREST-See Will

POSSIBILITY-See Judgment

CONTRACT--Action by Crown upon contract for carriage of passengers on
Intercolonial Railway-Information-Statutory defence
--Demurrer--Illegality of contract-Dominion Elections
Act, 1874-Crown rights-Interpretation of statutes-
R. S. C. c. 1, clause 46, s. 7: Reg. v. Pouliot, 9 Occ. N. 76;
2 Ex. C. R. 49

Advance of money to railway company-Agreement by bond-
holders to give preferential lien-Construction of, 218

Claim for extra and additional work due under Intercolonial
Railway contract-31 V. c. 13, ss. 16, 17, 18-37 V. c. 15
-Change of chief engineer before final certificate given-
Reference of suppliant's claim to engineer-Report on
certificate by chief engineer recommending payment of a
certain sum-Effect of-Approval by commissioners or
minister necessary, 87; 18 S. C. R. 371

CONTRACT-Construction of-Supply of printing paper-Omission in
schedule-Evidence--Implied contract to furnish paper

required for departmental printing, though not specified :
Clarke v. Reg., 2 Ex. C. R. 141

Exchange of goods-Short delivery by defendant-Whether
demand of deficiency necessary before action: McLeod v.
Walker, 28 N. B. Reps. 550

For construction of public work-Delay in exercising Crown's
right to inspect materials-Independent promise by
Crown's servant, effect of-Government Railways Act,
1881-Estoppel, 353

Obstruction of highway by Crown in construction of railway
-Interference with route of mail-carrier-Contract with
Crown to carry mails-Implied undertaking of Crown-
Breach, 292; 2 Ex. C. R. 374

Performance-Action for price of goods sold and delivered-
Quality of goods: Record Foundry and Machine Company
v. McKay, 21 N. S. Reps. 541

Public work-Sub-contractor-Rescission-Quantum meruit—
Arbitration-Setting aside award: Kennedy v. Pigott, 18
S. C. R. 699

Sale of goods-Order for machinery-Want of ratification-
Reasonable time for acceptance, 351

Waiver of tort-Election-Acceptance of delivery of goods,
343

Whether for sale of goods or for work and labour-Warranty
of title Lumber cut on Crown land-By whom stump-
age payable-Surveyor of lumber appointed by purchaser
-Incompetency of surveyor: Thomas v. Miller, 28 N. B.
Reps. 202

See Assessment and Taxes-Building Contract-Carriers-Damages
-Expropriation of Land-Interest-Judgment — Municipal
Corporations-Municipal Elections - Partnership-Railways
and Railway Companies-Sale of Goods-Sale of Land-
Specific Performance-Statute of Frauds-Vendor and Purchaser
CONTRIBUTION-See Assessment and Taxes-Maritime Law
CONTRIBUTORIES-See Company

CONTRIBUTORY NEGLIGENCE-Weight of evidence-Appeal from trial Judge,
248; 22 N. S. Reps. 84

See Negligence

CONTROVERTED ELECTIONS-See Elections

CONVENIENCE-See Vene

CONVERSION-See Arrest-Building Contract—Pleading—Will

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