New Brunswick Liquor Exporters' Act-Warrant-Certiorari.
New Woman and the Law...

511

358

Security for Costs where Co-Plaintiff out of Jurisdiction..

Signor Mussolini and Honorary Degrees

Solicitor and Client, Dealings between..

St. John River and the Ashburton Treaty

573

208

56

211

Tribute of Lord Birkenhead to the Memory of his Deceased Brother,

TABLE OF CASES BRIEFLY REPORTED.

A.

ATTORNEY-GENERAL FOR CANADA V. A. E. PUGH.

Crown Soldier Settlement Act, 1919, Section 48-Warrant of

Possession-When May be Obtained..

B.

BARCHA V. ATLAS ASSURANCE COMPANY, LIMITED.

PAGE

134

Fire Insurance Insurable Interest-Non-disclosure to Insurance
Companies of Tax Sale-Change Material to the Risk...... 421

BARSI V. FARCAS.

Garnishment-Moneys Attachable-Balance Payable on Future

Date under Agreement for Sale of Land

BENN V. HAWTHORNE.

Will-Mutual Wills made by Father and Son-Agreement of Son

to Purchase Property from Father upon Terms Favourable

to Father-Made in Consideration of Father's Agreement not

to Revoke Will-Agreement of Purchase Completed by

Conveyance New Will made by Father Revoking Former

Will-Establishment Against Executors of Father of Agree-

ment Not to Revoke-Proof of Agreement-Extrinsic Evi-

dence Corroboration-Enforceability-Specific Performance

-Declaration of Trust by Executors for Son-Statute of

Frauds-Costs

BURD V. MACAULAY.

299-

... 373

Limitation of Actions-Plaintiff Struck by Motor Car-Interpre-

tation of 21 Jac. 1, ch. 16, sec. 3....

422

C.

CANAVAN, W. F., v. A. ST. C. RYLEY.

Patents-Conflicting Applications-Commissioner

of Patents

Functus Officio after Declaration of Conflict-Motion to
Refer Matter Back to Commissioner-Practice

134

CHANNELL V. ROMBOUGH.

Trade-mark-Common Descriptive Word-Right to Exclusive
Use-Trade-mark "O'Cedar "

629

CHILDREN'S PROTECTION ACT OF ONTARIO, IN RE.

Habeas Corpus-Children's Protection Act-Father's Religious

Faith..

69

CORPORATION OF THE TOWN OF WESTON V. THE STEAMER "RIVERTON."

Shipping-Bill of Lading-Carriage-Delivery-Burden of Proof

-Recovery against Ship for Shortage-Customs Duty Paid on

Shortage

DAVIS V. THE KING.

D.

Appeal Jurisdiction-Criminal

Matter-Dissenting Opinion-

Question of Law-Section 1013, as Enacted by 13-14 Geo. V. c.

41, section 1024 Cr. C. ...

135

578

DIAMOND V. WESTERN REALTY Co.

Judgment-Interlocutory-Res Judicata-Appeal-Final
ment-Discretion . .

DONOHUE BROTHERS V. ST. ETIENNE DE LA MALBAIE.
Municipal Corporation-Valuation

PAGE

Judg-

419

Roll-Pulpmill-Machinery

Non-assessable-Action in Nullity before Superior Court-
Art. 50 C. C. P.-Arts. 16 (27), 430, 651, 656, 662, 664, M.C... 578

G.

GARDNER V. CITY OF NIAGARA FALLS.

Wrongful dismissal-Municipal Act, R. S. O. 1914, ch. 192 sec. 246
-Officers Hold Office During Pleasure..

68

GEORGE HALL CORPORATION V. THE SHIP "FIFETOWN."

Shipping-Collision-Canal-Rule 22 of Rules of the Road for

the Great Lakes-Unseamanlike Manoeuvre-Negligence ... 65

GIBBONS ET AL. V. HARRIS.

Medicine and Surgery-Chiropractors-Failure Correctly to
Diagnose Ailment-Wrong Method of Treatment-Liability
in Damages-Opinion Evidence

GRAND TRUNK RAILWAY COMPANY V. MURPHY.

Negligence Railway-Injury to Passenger-Announcement of

Stoppage-Stoppage Short of Station-Mistaken Belief of

Passenger-Finding of Jury

298

132

Damages-Street Railway Accident-Nervous Shock-No Appar-
ent Actual Physical Injury ..

HOWE V. NIAGARA, ST. CATHARINES AND TORONTO RAILWAY COMPANY.

Negligence Railway-Putting Plaintiff off Train for Refusal to

Produce Ticket or Pay Fare-Dominion Railway Act, 1919,

9 & 10 Geo. V. ch. 68, sec. 354-"Usual Stopping Place'

Plaintiff, being Drunk, Getting upon Track and being Run

Over by Train-Rules of Railway Company-Action for Dam-

ages-Absence of Evidence of Negligence-Nonsuit-Find-

ings of Jury-Motion for Judgment on.

J.

422

371

JEWELL V. GRAND TRUNK RAILWAY COMPANY OF CANADA.

Negligence Contributory Negligence-Jury's Findings Set Aside

-Judge's Duty

70

KIDD V. THE KING.

K.

Crown-Dismissal of a Civil Servant or Military Officer-Pre-

rogatives of the Crown-Power of Parliament to Take Away

-Conditions. . .

65

KING. THE, V. ASSESSORS OF TAXES FOR THE TOWN OF WOODSTOCK.

Assessment and Taxes-Bank Branch-Personal Property-Situs

-Transmission of Deposits to Head Office or other Branches

Arbitrary Assessment

530

PAGE

KING, THE, V. CALEDONIAN INSURANCE COMPANY.

Probate Succession Duty-Surety Bond of Executor-Lien of

Crown.

KING, THE, v. WM. GOLDSTEIN ET AL.

Expropriation-Leasehold-Compensation for Damage to Lessee

-Loss of Estimated Profits of Business Not Recoverable-

Diminution in Good-will-Elements of Damage...

295

..... 133

KING, THE, V. SAYWARD TRADING AND RANCHING COMPANY LIMITED AND

OTHERS.

Crown Soldier Settlement Board-Principal and Agent-Right
to Sue in Crown's Name-9-10 Geo. V. ch. 71, secs. 4 and 41
-Agreement by Settler Disposing of Property-Validity.... 68

KNOX BROS., LIMITED, V. THE STEAMER "HEATHERFIELD" AND OWNERS.

Shipping Charter-party-Discharging of Cargo "Default "-

Delay Fixed or Ascertainable-Lay Days-Demurrage-

"Running Days."

216

LIVESLEY V. HORST.

L.

Contract-Conflict of Laws-Foreign

Contract-Damages for

Breach-Assessment of Damages--Application of Foreign

Law-Sale of Goods Act, R. S. B. C. (1911), c. 203, s. 64...... 629

M.

MACDONALD-CRAWFORD LIMITED V. BURNS ET AL.

Guarantee No Primary Liability Attaching to Principal Debtor
-Transaction Ultra Vires of Association.

MANTLE LAMP COMPANY OF AMERICA, INC., V. NIXON.

Sale of Goods-Guarantee-Fraud-Estoppel

MICHAUD V. THE CANADIAN NATIONAL RAILWAYS.

423

221

Procedure-Action against Canadian National Railways-Trial
of Issues of Fact by Jury

71

MORWICK V. PROVINCIAL CONTRACTING CO. LTD.

Damage Caused by Spark from Engine-Dangerous Thing-Rule
in Rylands v. Fletcher-Judge's Failure to Submit Specific
Questions to Jury-Mistrial-Discretion-Evidence
Plaintiff Insured not Material

that

71

N.

NEW BRUNSWICK AND CANADA RAILROAD COMPANY V. NEW BRUNSWICK

RAILWAY COMPANY.

Railway-Lease-Covenant by Lease to Pay Taxes-Dominion
Income War Tax Act 1917-Liability of Lessee for Income
Tax

NEWTON V. NEWTON.

Husband and Wife-Judicial Separation-Legal Cruelty-Defini-

tion-Modern Modification

530

... 297

NIAGARA, ST. CATHARINES AND TORONTO RY. Co. v. THE LAKES AND ST.
LAWRENCE TRANSIT COMPANY.

Shipping-Canal Navigation-Navigable Waters-Swing or
Draw Bridges over Same-Rules of Board of Railway Com-

missioners-Validity-Collision-Negligence

67

0.

OSTRUM V. THE SHIP "MIYAKO.”

Shipping and Seamen-Wages of Engineer-Loss Thereof by De-
sertion-Jurisdiction

PAGE

216

P.

PERMUTIT COMPANY V. BORROWMAN.

Patents Conflicting Applications

Interference Motion to

Amend Claims in the Application Filed Before Commissioner

after Notification of Interference-Functus Officio Jurisdic-

tion of the Court-Practice....

PROVINCIAL SECRETARY-TREASURER OF NEW BRUNSWICK V. ROYAL TRUST
COMPANY, ADMINISTRATOR OF THE ESTATE OF ANNA M. FERGU-
SON, DECEASED.

Succession Duty-Mortgage Specialty Debts-Situs...

REDICAN V. NESBITT.

R.

66

220

of

Vendor and Purchaser-Contract for Sale-Completion-Cheque

for Purchase Money-Stoppage Payment-Fraudulent

Misrepresentation-Instruction to Jury-Misdirection...... 132

REX V. ALBERTS

Criminal Law-Prisoner before Magistrate-Jurisdiction over

offence ..

REX EX REL. JAQUES V. MITCHELL.

... 298

Municipal Elections-Irregularities at Polls-Violation of Secrecy

of Ballot-Consolidated Municipal Act, 1922-Election not

Conducted in Accordance with Principles of Act"—"Other

Person"— Ejusdem Generis Rule Interpretation Act, R.

S. O. 1914, ch. 1, sec. 29 (x)-Election Declared Invalid and

New Election Ordered..

217

"ROBERT L. FRYER" AND THE "WESTMOUNT."

Shipping-Collision-Harbour-Narrow Channel-Negligence.... 295

ROBINS V. NATIONAL TRUST Co.

Practice Particulars of Undue Influence Alleged Limited to the

Names of the Persons Charged with Undue Influence...... 372

ROMAN CATHOLIC SEPARATE SCHOOL BOARD V. CITY OF TORONTO.

Municipal Law-By-law-Building Restrictions-Prior Status of

Owners-Deposit of Plans-Legal Right to Permit-Muni-

cipal Act, 1 Geo. V., ch. 13, sec. 10....

S.

SMITH V. ATTORNEY-GENERAL Of Ontario.

Constitutional Law-Temperance Legislation-Canada Temper-

ance Act, Part IV., 10 Geo. V., ch. 8 (D.)-Ontario Tem-

perance Act - Prohibition of Sale of Liquor - Action for

Declaratory Judgment-Parties-Status

420

420

STARR V. CHASE.

Trade Union-Provisions of Constitution-Unlawful Purposes-

Restraint of Trade-Protection of Property-Resort to Courts

-Necessity to Plead Illegality

531

SUCCESSION DUTY ACT, IN RE.

Succession Duty-Conflict of Laws-Marriage in Country where

Polygamy Lawful-Legacies to Wives of Property in British

Columbia

298