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Public domain books are our gateways to the past, representing a wealth of history, culture and knowledge that's often difficult to discover. Martin 224 Barnard's Banking Company v Rey- nolds 86 Bartels v. Marks, notations and other maiginalia present in the original volume will appear in this file - a reminder of this book's long journey from the publisher to a library and finally to you. Google Book Search helps readers discover the world's books while helping authors and publishers reach new audiences. You can search through the full text of this book on the web at | //books .google .com/I ► Lt 30C » ■■* /\ • • - / / / r L - .• • THE CANADA LAW JOURNAL. FROM JAIJf TJAIl Y TO DECEMBER, 1877 TORONTO: i VIJJJNO ft WILLIAMSON, 12 KINO STREET EAST. ' ■• ■■fir or T-;c i^'^.ac^ b TORONTO : Printed by Bell & Co., ! Great West- em Railway Company and Wel- lington, Grey & Bruce Rail Road Company 302 Craig y. Sir Orlando Bridgman (a book of whose precedents has been published); Webb,, a great practiser in the King's Bench, was an able conveyancer, and the present Mr.

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46, 140 Confirmation I7i Consideration 46, 140 Conspiracy 46,140 Constructive total loss 46,140 Construction 171 Contingent interest 46, 140 Contingent remainder 171 Contract 46, 140, 171 Contract to sell 47, 141 Contributory negligence 47, 141 Covenant ^7,141, 171 Creditor with notice 47, 141 Cumulative legacy 171 Custom 171 Cy-pres 171 Damages ^ 171 Damage to caigo 47,141 Damage, measure of 47, 141 Deaf mute 47, 141 Debenture 171 Debt of honour 47, 141 Deed 171 Delivery of cargo 47, 141 Devise 171 Discovery , 47, 141, 172 Distribution 47, 141 Documents 47, 141 Domicile 172 Dower % 172 E Easement 172 Election 172 En ventre sa mere 172 Endorsement of cheque 48 Equitable owner 47, 141 Equity 172 Estoppel 47,141,172 Evidence 47, 141, 172 Exchange 172 Executors and administrators 172 Executory advice /. «cekt 21 QUEBEC REPORTS: Srp KRio K Cor KT« : Mc Kay v. Y Rubinson.- "Loudo D, December, 1876.— The stot'k cftlif above losolvent is now se Utng at prices re^^id- less of cost, as it must K* run ot T at once. Mc Monuiea, at the o U stand, so as to save costs, as all accounts not paiil by 31st December, will be placed in court. Justice Morrison, who held — and we January, 1877.] CANADA LA W JOURNAL, [Vol. If this is to be the law, let it be so enacted, but at present it is not the law, «d we doubt the wisdom of the Courts oeing deprived of a power which, in this country at least, has been sparingly in- voked and discreetly exercised. Justice Morrison did not take the high ground assumed, and rightly so, by the Chief Justice. Thb Vice-Chancellor there adopts the language of Lee on Abstracts, where it is said that a purchaser may be often compelled to complete a contract up- on evidence which would not enable him to recover the estate in an adverse suit against a hostile party in possession. These declarations have now lost their voluntary character, and have now acquired the force of affidavits by virtue of the Dominion Statute, 37 Vict. This is however a question of degree, and if the statements are by well-known persons, who are disinterested, and who have from their age and circumstances special means of knowing the facts, and if their state- ments are not only uncontradicted, but corroborated by other statements it was laid down that according to the fractions of conveyancers, the answers so made to the objections and requisitions were suffi- cient LAW SOCIETY OF ONTARIO, Michaelmas Term, 1876. C., was elected Chairman to preside in convoca- tion, the death of the Hon.

Acceleration 169 Accommodation bill 169 Accumnlation 169 Act of God 169 Action against public officer 44, 138 Ademption 169 Advowson 169 Ancient lights 169 Appeal from Master 326 Appointment 170 Appropriation of payments 170 Arbitration danse 44, 138 Attorney's lien 170 B Ba Ument 44, 138 Bank 44,170 Banker 46, 139 Bankruptcy 170 Base fee 45,139 Bequest 170 Bills of lading 45, 139 Bills and notes 45, 139, 170 Bond by shipmaster 46, 139 Broker 46,139, 171 Ca Us 171 Carrier 46,139,171 Charge 171 Charity 171 Charter party 46, 139 Check 46, 139, 171 Children, ventre sa mere 171 Class 46, 139, 171 Cloak-room ticket 46, 140 Codicil 171 Collateral covenant 46, 140 Colli Bion 46, 140 Colonies, Eng Uah 171 Common carrier 46, 140, 171 Company 171 Concealment 46 Coadition 171 Condition of ticket. Jtistiee of the ^eaee acting malajlde and be- yond juri«diction — Qtiaghing conmction bad on its face 19 NOTES OP CASES: Cha? This is certainly not *^ damning it with faint praiae." A, 2-Vou XIII., N. A.) whose card, published in a Paisley paper, some time ago attracte " run off at once " the stock of an in^ol vent, **at prices regardles A of cost Surely the attorney s in question, vh are said to do a large and respectable business (to a great extent collections) are not aware that their names are appended to a printed notice, said to have been ad- dresseii to a debtor of the insolvent, which reads as follows : " Insulvent Ehtatr op Jei:1! It must always be a subject of regret, to see — ^as we have seen — the Court of Queen's Bench divided against itself i^ a matter so important on public grounds and of such vital interest to the welfare of the Bench We must regret that on every material point the opinions of the two learned Judges were in direct op- position ; and ' we must still say this whether we accept the judgment of the Chief Justice, powerful in its reasoning on the legal points and facts involved, and true to judicial traditions in its as- sertion of the majesty of the law and the dignity of Bench ; or the judgment of Mr. If this be so, the offence of contempt of Court is abol- islied, and the dignity of the Courts, and therein incidentally the due administra- tion of justice, must forever depend solely Mid without other aid upon the good sense and good feeling of the people. 700, as to the ad- missibility of affidavits in establishing questions of fact arising between vendor and purchaser. The important question, as to the principle upon which the court will deal with evi- dence on summary applications, under this act to obtain the opinion of the court in respect to requisitions or objections (s. He laid it down that the evi- dence sanctioned by conveyancers' prac- tice, was sufficient, and that answers given upon matters of fact by means of statutory declarations, were in effect, evidence upon which the court would act in compelling the completion of a purchase. This was one of the objections commonly urged against the admissibility of these declarations as evidence : the other was that of their un- satisfactory character, because made to serve a purpose and expartc.

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