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DIGEST OF ENGLISH LAW REPORTS-REVIEWS.

suing and laboring clause, and a warranty against particular average. During the voyage the vessel put into a port of distress, so damaged that she became a total wreck. The cargo was landed and forwarded in another ship to its destination, at an expense less than the chartered freight, and on its arrival the full chartered freight was paid to the owners. Held, that the ship-owners could recover from the insurers, under the suing and labouring clause, the expense of forwarding the cargo by the second ship; and that the application of that clause was not excluded by the warranty against particular average.-Kidston v. Empire Marine Insurance Co., (Exch. Ch.) Law Rep. 2

C. P. 357.

See AWARD, 2; MARSHALLING OF ASSETS. INTEREST.

1. An agent had the entire management of his principal's affairs for several years, during which he was never called on to account; errors were then discovered in some of his accounts, and he paid a small sum, alleging it to be in final settlement, and that little, if anything, more was due. On bill filed and accounts taken, a large sum was found due. Held, under the circumstances, fraud not being proved, he was not chargeable with interest on the balances in his hands till the date of the certificate of the amount due.-Turner v. Burkinshaw, Law Rep. 2 Ch. 488.

2. At the time of an inquisition by a jury before the sheriff, as to the compensation to be paid for land taken by a railway company, there was an executory agreement by which that company would be ultimately amalgamated with another company in which the sheriff was a shareholder. Held, that the sheriff was not "interested in the matter in dispute" so as to invalidate the proceedings.-The Queen v. Manchester, Sheffield and Lincolnshire Railway Co., Law Rep. 2 Q. B. 336.

INTERPLEADER.

A sheriff, in possession of goods under a writ of fi. fa., was served with notice of an adjudication in bankruptcy against the debtor, and notice by the assignee to quit possession. The execution creditor then obtained an order requiring the sheriff to make a return to the writ. The sheriff sold the goods. Held, that the sheriff was entitled to file a bill of interpleader against the assignee and the execution creditor; and the assignce was, on interpleader, entitled to the proceeds of the sale. Child v. Mann, Law Rep. 3 Eq. 806.

JUDGMENT.-See SCIRE FACIAS.

REVIEWS.

THE LAW AND PRACTICE UNDER THE ACT FOR QUIETING TITLES TO REAL ESTATE IN UPPER CANADA. By ROBERT J. TURNER, Esq., Barrister-at-Law, Referee of Titles. Toron

to: Adam, Stevenson & Co., Law Publishers, 1867.

This manual, giving all the information that can at present be collected on the subject of which it treats, will be gladly received by the profession; and none the less so from the acknowledged ability of its editors, and we use the plural number as we understand that Mr. Leith was also concerned in it.

It commences with some practical instructions as to the preliminary investigation of the title, the preparation of the case to be submitted, and the mode in which the application and the evidence to support it should be brought before the Referee. Then follows a letter from Mr. Vice-Chancellor Mowat, who, when in parliament, was the framer of the act (which letter, together with the preliminary chapter, added to and slightly altered, has already been published in the Law Journal) Then is given the Act for Quieting Titles in extenso, and the orders of of Court Chancery of August 31, 1867.

Some practical remarks upon those parts of the act requiring explanation, and as to the means of proof and evidence, as to vendor's lien, mode of appeal, a tariff of costs, together with a number of useful forms to be used in the course of the proceedings, and an index.

We

The information to be derived from, and instruction given in this book, are the more valuable, as coming from those who are practically engaged in the working of the act, and who here speak, as it were, ex cathedra. unhesitatingly recommend it to the Deputy Masters who have been appointed to certain duties under the Act, to the profession, and all others interested "in the premises."

There is every reason to believe that the aid of this Act will be largely invoked, and familiarity with its provisions on the part of the profession will be as beneficial to clients who desire to "speed" their causes, as to the Referees, whose time is often wasted by the want of the knowledge as to minor details, which this little would supply them with.

THE YEAR BOOK AND ALMANAC OF CANADA, FOR THE YEAR 1868. John Lowe & Co., 67, Great St. James Street, Montreal.

This "Annual Statistical Abstract for the Dominion, and Record of Legislation and of Public Men in British North America," as it calls itself, meets with our unqualified approval. It reflects as much credit upon its intelligent and careful editor, Arthur Harvey, F.S.S., &c., of Ottawa, as upon the publishers. The printing and type is superior to anything of the kind that we have seen produced in

REVIEWS-APPOINTMENTS TO OFFICE.

Canada, and is equal, we should say, to anything that comes from England.

The mass of information it contains is very great, and is collected with great care and judgment. The present volume, which is the second annual one, contains, amongst other things, partly in addition to and partly instead of the information given in the first volume, A chapter on the boundaries of British North America, giving the text of the treaties, and the decisions of the Commissioners in relation thereto, An historical sketch of the official proceedings preliminary to Confederation,- A general view of the climatology of British North America, A paper shewing the monthly traffic receipts of all our railways for several years past,-A statement respecting the value of our fisheries,-A complete alphabetical list of the post-offices and telegraph stations in the Dominion, &c. &c. Many of these papers are of peculiar interest in the present juncture, and for future reference will be invaluable.

The chapter on "Our Boundaries" again brings forcibly to our remembrance the craft of the United States authorities and the imbecility and disregard of the public interests of those concerned on behalf of the British Government in the settlement of the boundaries between the United States and these Provinces. The unblushing effrontery, or, to use the words of the editor, "the injustice, arrogance and fraud" on the part of the American authorities, which is shewn by a succint statement of the facts and documents, is not a pleasant subject to dwell upon it may, however, be profitable as a warning to us for the future. The following remarks, which we quote from this chapter, have a refreshing vigor about them which we much admire:

"Injustice, arrogance and fraud do not always prosper loug. It would be hard to tell how it may be brought about, but the writer entertains the hope that some day by purchase, by the vote of the people of the districts in question, by voluntary, or perhaps even by involuntary cession on the part of the United States, these districts, as well as the country between the Kennebec and the St. Croix, all parts of our home farm, will be re-united to the Dominion."

It would be idle to attempt in our limited space to give even an outline of the contents of this volume. It is only by the compactness and excellent arrangement of the matter, that it could be put into the 167 pages of which the "Year Book for 1868" is composed. A well executed map of the Dominion adds to the completeness of the publication.

All who are interested in the progress of the Dominion should provide themselves, from time to time, with a complete series of this record of its statistics.

THE NEW DOMINION MONTHLY-NOVEMBER AND DECEMBER 1867. Montreal: John Dougall

& Son, 126 Great St James St. $1 00 per annum in advance.

Many have been the attempts made to es

stablish a Magazine of light reading for the British Provinces of North America. All, so far, have failed, though many were for a time at least supported by considerable talent and industry. It seems scarcely possible to hope, flooded as the country is with the many excellent serials of England, at very reasonable rates, that the present attempt will be more successful. Times however have somewhat changed the daily increasing wealth and population of the provinces, their recent confederation giving us "a local habitation and a name," and the exceedingly low price at which this publication is published, may, and we hope will, combine to make it more successful than its predecessors.

This magazine is a combination, partly original and partly selected, with a corner reserved for the benefit of the younger portions of a family. The matter is of a sketchy, interesting character, and we are glad to see that the Hon. Thos. D'Arcy McGee, whose literary abilities are so well known, is one of the contributors to its pages.

We do not desire to criticise this enterprising and creditable attempt to supply from amongst ourselves that which we have had to seek from other sources. We wish it all success.

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American Law Review-Reviews of
Appeal-

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Pendency of, from judgment of Error and Appeal in Upper Canada, no bar to suit

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Affidavit to hold to bail-Stating "for money," &c., but omitting "by plaintiff to

defendant," insufficient .. . .

128

Setting aside order for, made by County Judge......

When Judge in Chambers, or when court should interfere

Amount for which defendant held to bail ordered to be reduced.........
When putting in special bail waives irregularities.........
Charging defendant in execution—Within what time to be done.........
County Judge declining to entertain application for supersedeas
Consequent right of defendant to discharge on habeas corpus.....

Arson, Fraudulent-

The law of, considered

Articled clerks-

Admission-Effect of Trinity Term being abolished

Assessment-

Land occupied by railway company........

Confirmation of, notwithstanding reservation of point by County Judge
Attachment-See Insolvency.

Attachment of debts-

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Application to pay over-Effect of client taking a note from attorney and another... 151
Impropriety of agreements between, when prejudicial to client..........
Agreement with client beforehand to pay specific sum in lieu of costs illegal
See Costs (at Law).

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151

......... 128

PAGE

Autrefois convict--

Indictment for manslaughter-Death subsequent to a prior conviction for assault... 319

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Action on consideration-Note given to third persons as trustees for plaintiff......... 209
Surety as maker of joint promissory note-Alleged delay of holder to demand pay-
ment from principal ....

Bishops, Colonial-

Independent Legislature-Coercive jurisdiction

323

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Calls to the Bar-See Law Society.

Chancery sittings-See Circuits.

Change of venue-See Venue.

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Charging defendant in execution-See Prisoner.

Circuits-

Chancery-Spring sittings, 1867-Table of, and of dates for service, &c.

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211

Conviction-See Autrefois Convict.

Co-operative Associations-

Law as to, considered......

Costs (at Law)-

57

Fees to counsel in Insolvency matters

of defendant

Verdict in seduction for 5s.-Plaintiff not entitled to costs without certificate.........
But otherwise on demurrer in favor of plaintiff......

Damages on demurrer remitted

Costs of the day-Order to defendant to put off trial on payment of costs-Option

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Taxation of-

43

Costs (in Chancery)—

Vouchers should be produced before fees allowed..........
On revision, vouchers filed with Deputies to be produced....................
See Practice (at Law)-Security for Costs.

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When fee on subpoena allowable

Sale by puisne incumbrancer-Proceeds insufficient to pay all..............
Taxation of-

102

154

A retention of money by a solicitor not a payment by client
Unnecessary letters not taxable

128

128

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