Third party procedure-

See Equitable assignment-Practice.

Three mile limit-

See Constitutional law.

Time-

Essence of contract, 246, 611

Toll roads-

Expropriation, 39

Trade mark—

Infringement-Visual resemblance-Idem sonans, 273
Coined word-Colourable imitation, 355

Trader-

Is a baker a manufacturer and trader, 324

Trade union-

Officer withholding money of, 417

Inducing workmen to leave employment-Evidence, 694
Pleadings, 694

Benefits during sickness-Insanity of member, 708
See Labour Union.

Tramway-

See Street railway.

Trespass

Excessive force in removing trespasser, 240

Trial-

See Practice.

Trusts and trustees-

The Crown as a trustee, 54

Breach of trust-Form of judgment against trustee, 261
Co-trustee-Joint action-Delegation of trust, 312

New trustee-Statutory power-Donee appointing himself, 347
Precatory trusts discussed, 369

See Insolvency-Railway.

Ultra vires--

See Railway.

United States decisions-

47, 367, 446, 615, 656

Vagrant-

Conviction-Evidence, 78

Valuation-

See Assignments and preferences.

Vendor and purchaser-

Building restrictions, 110, 190

Possession under agreement to purchase-Interest, 163

Restraint on alienation, 274

Statute of Frauds-Absence of vendor's name-Authority of agent, 319
Open contract-Party wall-Latent defect-Obligation to disclose, 339
Verbal contract-Rescission-Deed executed, 516

Possessory title-Land subject to restrictive covenants, 345
Conditions of sale-Vendor allowed to rescind, 346, 422
Absence of title to minerals-Compensation, 346
Sale by Court-Misrepresentation-Costs, 346
Trust for sale-Sale by way of underlease, 504

Description of land-Ambiguity-Evidence to explain, 436
Covenant to convey free from incumbrances, 438

Failure of consideration-Innocent misrepresentation, 516
Recital in deed twenty years old, 638

Cancelling agreement-Damages, 735

See Deed-Mistake in title-Municipal law-Specific performance.

Vendor's lien-

Unpaid purchase money applies to personalty-Arrears of interest, 261

Venue-

Sale of goods-Agreement as to place of trial, 119

Volenti non fit-

See Negligence.

Waiver-

See Acquiescence-Arrest-Damages.

Warranty-

Breach of-Measure of damages, 363, 768

See Contract.

Watercourse-

Floatable stream-Obstruction, 192

Waterpower-Lease of, from Crown-Stoppage-Damages, 231
Obstruction by tying boom of logs to piles, 285

Diversion of, for waterworks purposes, 507

See Ditches and watercourses-Riparian rights-Rivers and Streams

Act.

Water Clauses Act-

Appeal from Commissioner, 46

Grant to municipality for power purposes, 248

Water power-

See Watercourse.

Water works-

Compulsory appropriation under, 326

Arbitration-Matters not under Act-Appeal, 395
Municipality cannot discriminate as to rates, 511

Wills-

Probate Ancillary grant, 277

Resignation of executors-Domicil, 277
Evidence of bona fides-Promoter, 313

Wills, Construction—

Succession duties-Direction to pay debts, 37
Charitable gift-Named place, 101

Dower-Election-Specific devise of part, 114
Absolute estate cut down by later words, 177
Trust-Conditional devise, 185

Distribution of assets, 197

Gift of money "owing at the time of my decease," 262.

Life interest with absolute control-Mortgage, 276

Gift to children as a class-Substitutional gift to issue, 338, 421, 712
Gift to children of woman not testator's lawful wife, 349
Devise of mortgaged estate-Contrary intention, 349
"Born in my lifetime"-Child in ventre sa mere, 422
Discretionary trust for maintenance-Remoteness, 423
Legacy to creditor of larger amount than debt, 425

Legacy to make up a certain amount-Miscalculation, 681

Personal estate, charged with payment of debts-Real and personal
estate, 433

Gift to son and his children-Revocation-Effect of, 632

Election-Satisfaction, 639

Ademption Residue to child and stranger-Advancement, 640
Bequest to widow-"Dower of one-third of my estate," 604
Devise of real estate, but testator not entitled to—Intention, 682
Election-Compensation, 682

Lapsed legacy-Residuary devise, 756
See Charity-Settlement.

Words-

Actual cost, 642

And read as or, 503

Assign, 647

Book debt, 424

Event, 203, 247, 285
Issue, 203

Newsdealer, 40

Workmen's Compensation Act-

See Master and servant.

Writ of summons—

Plant, 733

Power, 706

Preceding section, 527
Reasonable price, 508
Survivors, 225

Trader, 324

Tradesman, 40

Service out of jurisdiction—Substituted service within, 29

Yukon-

Contract to be performed within jurisdiction-Breach within, 334

Judge of-Appointee of Dominion, 388