GENERAL INDEX

VOL. 5.

NOTES ARE INDEXED BY THE WORD "ANNOTATED" AFTER THE PARAGRAPHS TO
WHICH THEY APPLY.

(Separate Cumulative Index to Notes in Vols. 1-5 Precedes this.)

1. The owner of a horse is not negli-
gent as a matter of law in turning it into a
field which he knows or should have known
to be defectively inclosed, from which it
escapes onto the highway. Per Bankes, J.
in Jones v. Lee, 5: 127, 106 L. T. N. S. 123.
Also Reported in 76 J. P. 137, 28 Times
L. R. 92, 56 Sol. Jo. 125.

2. The act of the owner of a horse not

2. Depreciation in value of the sur-
face owner's property brought about by the
apprehension of future damage by subsi-
dence in consequence of removal of the sub-known to be vicious or inclined to attack
jacent mineral gives no cause of action by
itself. West Leigh Colliery Co. v. Tun-
nicliffe & Hampson, 5: 916 [1908] A. C. 27.
Also Reported in 77 L. J. Ch. N. S. 102,
98 L. T. N. S. 4, 24 Times L. R. 146.
Defenses.

3. The objection of want of authority
in the solicitor to institute or continue an
action must be raised by a proceeding to
strike out the case, and cannot be heard
at the trial as a defense to the action.
Continental Tyre & R. Co. v. Daimler Co.
5: 304 [1915] 1 K. B. 893. Also Reported
in [1915] W. N. 441, 84 L. J. K. B. N. S.
927, 20 Com. Cas. 209, 59 Sol. Jo. 232.

ADJOINING OWNERS.

Of salt mines, see Mines.

ADMIRALTY.

See Prize and Capture.

AGENCY.

See Principal and Agent.

ALIEN ENEMY.

See also War.

mankind, in putting it into a field defective-
ly inclosed from which it escapes onto the
highway through a gap in the fence of
which the owner knew or ought to have
known, cannot be considered the proximate
cause of an injury to a tandem bicycle and
its riders by colliding with the horse, as it
suddenly bolted across the road, which fell
down and then jumping up lashed out and
injured one of the plaintiffs and damaged
the bicycle. Jones v. Lee, 5: 127, 106 L. T.
N. S. 123. Also Reported in 76 J. P. 137,
28 Times L. R. 92, 56 Sol. Jo. 125.

(Annotated)

3. The act of the owner of fowls in per-
mitting them to stray on the highway can-
not be considered as the proximate cause
of injury sustained by a bicyclist and his
machine which was upset by a fowl which,
being frightened by a dog, flew into its
spokes. Hadwell v. Righton, 5: 115 [1907]
2 K. B. 345. Also Reported in 76 L. J.
K. B. N. S. 891, 71 J. P. 499, 97 L. T. N.
S. 133, 23 Times L. R. 548, 5 L. G. R. 881.
(Annotated)

4. Quære, whether the occupiers of

Property of, as subject of prize, see land adjoining the highway are not en-
titled to allow their poultry to stray about
1035

Prize and Capture.

5 B. R. C.

1036

APPEAL AND ERROR-BILLS AND NOTES.

the highway? Hadwell v. Righton, 5: 115 | firm to negotiate a sale of her property, [1907] 2 K. B. 345. Also Reported in 76 L. J. K. B. N. S. 891, 71 J. P. 499, 97 L. T. N. S. 133, 23 Times L. R. 548, 5 L. G. R. 881.

APPEAL AND ERROR.

but which were in fact a conveyance to himself of the property, which he afterwards disposed of for his own benefit. Lloyd v. Grace, S. & Co. 5: 498 [1912] A. C. 716. Also Reported in 81 L. J. K. B. N. S. 1140, 107 L. T. N. S. 531, 28 Times L. R.

Right of alien enemy to appeal, see 547, 56 Sol. Jo. 723.
War.

An appeal will lie to the Supreme Court of Canada from a judgment for $1,000 with interest from a date anterior to the issuance of the writ, under a statute (60 and 61 Vict. chap. 34, § 1 (c)) authorizing appeals where the amount involved is over $1,000. Canadian R. Acci. Ins. Co. v. McNevin, 5: 870, 32 Can. S. C. 194.

ASSIGNMENT.

Right to rescind assignment of life insurance policy where person insured proves to have been dead at the time, see Insurance.

1. An assignment of claims against a certain person is not invalid as savoring of maintenance or being otherwise against public policy because made in consideration of a covenant by the assignee that if he shall recover the amount of the claim he will pay over to the assignors the amounts of their respective debts or so much thereof as he may be able to realize after payment of the costs necessarily incurred by him; or because of the assignee's ulterior purpose of forcing the debtor into bank ruptcy with a view of getting him removed from the directorate of a certain company. Fitzroy v. Cave, 5: 601 [1905] 2 K. B. 364. Also Řeported in 74 L. J. K. B. N. S. 829, 54 Week. Rep. 17, 93 L. T. N. S. 499, 21 (Annotated)

Times L. R. 612.

2. An assignment of the surplus of a garnished fund, of which notice is given to the garnishee, gives the assignee a right thereto superior to a subsequent garnishment. Yates v. Terry, 5: 446 [1902] 1 K. B. 527. Also Reported in 71 L. J. K. B. N. S. 282, 50 Week. Rep. 293, 86 L. T. N. S. 133, 18 Times L. R. 262.

AUCTIONEERS.

Construction of contract of employment, see Contracts.

Breach of collateral duty by, as affecting right to commission, see Principal and Agent.

BAGGAGEMAN.

Coupling of cars by, as engaging in more hazardous occupation than that insured, see Insurance.

Liability of owner of horse at large
on highway for injury to bicyclist,
see Animals.
Liability of owner of fowl which flies
into spokes of machine, for injuries
sustained by bicyclist, see Animals.

BILLS AND NOTES.

Giving of notes as payment of insurance premiums, see Insurance.

1. The Bills of Exchange Act is now the code of law on the subject, and in cases where it differs from the old law it must prevail; but if the words used in the act are fairly capable of being construed as meaning the same as the words used by judges previously to the act in stating the law, it is right to give them that meaning in the absence of anything to indicate a