Mechanics' lien- Request and credit of owner, 72 Parties-Sub-contractor against contractor, 84 Percentage of contract price-Reserve, 245 Mental suffering— Damages for, 411, 702 Mines and minerals— The Mines Act of Ontario discussed, 89 Placer mines-Leaseholders-Rights, 246 Covenant to win, work and get, 265 Action to avoid Crown leases-Attorney-General, 320 Mines Act "Machinery hereinafter mentioned," 526 Mistake- Rescission of contract-Election to affirm, 85 See Improvements. Mistake of title- Improvements to chattels under, 329, 606 Money lender→ See Interest. Mortgage Redemption-Parties-Purchaser from mortgagee, 85 Mortgagee in possession-Rents and profits-Compound interest, Final order irregular-Death of infant mortgagor not noticed, 278 Motor cars— Dangerous speed-Evidence, 594 Municipal law- Contract for purchase of land-By-law, 39 Railway aid-Condition precedent, $$$ Electric works-By-law-Quashing, 162 Sale of lands of corporation, 163 Bridge over 300 feet in length, 374 Township_bridge-User by other municipalities, 190 Sale of goods within limits, 395 Snow fences-Compulsory arbitration, 396 Expropriation-City of Winnipeg charter, 734 Municipal law-Continued. Negligence Lumber on highway, 80 Excavation in street, 242 Drain becoming insufficient-Exercise of statutory powers, 308 See Hawkers and peddlers-Public schools-Waterworks. Municipal ownership- Judicial utterances as to, 157, 158 Navigable waters— See Watercourses. Necessaries- To be provided by husband for wife, 602 Negligence- Contributory-Plaintiff putting himself in peril, 38, 242 Volenti non fit injuria, 406 Boarding house keeper-Theft of goods of boarders, 64 Finding of jury-Evidence, 160, 186 Landlord and tenant-Liability of employer for negligence of contrac- Presumption of-Principal and agent, 165 Postoffice official, 260 Injury to infant-Careless driving-Rights of infant's father, 270 Escape of bees-Scienter, 723 See Bailment-Crown-Electricity-Lord Campbell's Act—Medical Nervous shock- Damages for, 411, 702 Newfoundland— Discussion of the fishery question, 737 Newspapers- Blackmailing and conspiracy by exposed, 256, 257 New trial- No substantial change in evidence, 121 Nonsuit- Evidence to rebut, 246 Notice― Constructive Prior equity-Knowledge of solicitor, 522 Nuisance- See Electricity-Highway. Option- See Contract. Order- Final or interlocutory, 709 Osgoode Legal and Literary Society— Parent and child- Liability of father for infant's torts, 362 For medical attendance, 764 See Necessaries-Negligence. Parliament- See Constitutional law. Particulars— Order for, after close of pleadings, 437 Parties- Joint tort feasors-Election, 75 Striking out and adding, 281 Joinder of causes of action-Pleading, 360 Joinder of plaintiff having separate cause of action, 399 See Devolution of estates-Mechanics' lien-Mortgage-Pleading. Patent of invention- Cream separator-Improvement, 65 "Exercise and vend"-Sale in England-Delivery abroad, 178 Pneumatic straw stacker-Assignment, 386 License Condition-Notice of restriction as to user, 422 Crown's right to use-Compensation-Condition precedent, 716 Partnership— Dissolution-Continued use of firm name, 106 Surviving partner-Mortgage of real estate by, 263 Assignment of book debts by one partner-Forgery, 634 Advance on warehouse receipts-Banking, 718 Pauper- In workhouse-Master and servant, 417 Peddlers- See Hawkers and peddlers. Payment into Court- See Practice. Pedigree- See Marriage. Perjury- Prevalence of, discussed, 249 On examination for discovery, 696 Pilotage Act- When ships are not ships under, 358 Pleading- Embarrassing defence-Striking out, 83 Statement of claim-Amendment-Parties, 281 Joinder of causes of action, 281, 360 Striking out part of statement of claim in which some of parties not interested, 360 See Practice-Libel and slander. Issuing writ in name of one solicitor of a firm, 286 Reference for-Motion for judgment, 516 Practice-Continued. Close of pleadings-Lapse of time, 78 Striking out pleadings-Final and interlocutory order, 161 Leave to defend-Right to appeal, 315 Service of subpoenas-Process of contempt, 172 Joinder of actions-Conspiracy, 192 Plea of tender before action with payment into Court-Costs, 200 Staying action-Cause of, arising out of jurisdiction, 229 Judgment by confession-Setting aside, 243 Declaratory judgment-Objections to, 339, 340 Varying order-Mistake, 398 Payment into Court without denial of liability, 419 Amendment-Parties, 526 Dismissing for want of prosecution, 691 See Examination Master's office-Nonsuit-Order-Particulars- Partner - Production-Revivor-Specific per- formance Subpoena-Venue-Writ of summons. Presumption of death— See Administration. Principal and agent- Authority to agent-Notice-Evidence, 87 Scope of Ratification, 116 Agent exceeding, 227 Sale of land, 385 Undisclosed principal-Payment, 125 Agent borrowing-Application of loan to pay principal debt, 227 Set off, 653 Failure of agent to account-Costs, 691 Knowledge of agent imparted to principal, 767 See Architect Contract-Husband and wife-Vendor and purchaser. |