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INDEX.

A.

AFFIDAVITS, 1; definition of, 1; how drawn, 1; how sworn,
2; general form of, 2; affirmation in lieu of, 1; form of
affirmation, 3; oath, 4; affirmation,
how signed, 4;

by illiterate person, 4.

AGREEMENTS, SEE CONTRACTS.

4i

ARBITRATION, 46; general observations, 46; statutory enact-
ments as to, 48, 49; submission to, not revocable without
leave, 49; examination of witnesses, 50; determination
of arbitrator's powers, 51; time for making award, 51;
enlargement of time, 51; how conducted, 52; award on,
52; how set aside, 54; umpire on, 55; enforcement of
award, 55; form of arbitration deed, 56, 59; form of
arbitration bond, 61; form of appointment of umpire,
63; form of appointment or third arbitrator, 64; form of
enlargement, 63, 64; oath to witness, 65; appointment
to proceed, 65, 66; award, 66, 67, 68; clauses in award,
69; affidavits of execution, 70, 71.

ASSIGNMENT, 72; what, 72; when to be filed or registered,
72; form of, of agreement to purchase, 73; of bond by
endorsement, 76; of Crown Lands, 78; affidavit of exe-
cution of, 79; of lease, 80, 84, 86; to secure debt, 88; of
judgment, 92; of mortgage, 94, 97; of debts, 98, 102; of
policy, 103; of goods, 104, 106.

AUCTIONS AND AUCTIONEERS, 109; auctioneer agent of
buyer and seller, 109; how conducted, 110; forms of
contract, 111; conditions of sale, 112, 114.

B.

BILLS AND NOTES, 116; definition of, 116, 132; foreign

BILLS AND NOTES, (Continued.)

bills, 116; inland bills, 116; must be in writing, 117;
form of bill, 117; observations on form, 118, 132; form
of note, 132; stamps on, 134.

BONDS, 134; nature of, 131; penalty on, 135; recovery of,
135; form of single bond, 135; bond with condition,
136; to convey land, 137; for payment of purchase
money, 138; of indemnity, 140; to pay rent, 141.

C

CHATTEL MORTGAGES, 142; statutory enactments as to,.
143, 147; must be filed, 143, 146; future advances, 144;
removal of goods, 146; renewal of, 147, 148; form of,
148; affidavit of mortgagee, 152; witness, 153; to secure
endorsements, 153; affidavit of mortgagee, 158; wit-
ness, 159; to secure future advances, 160; affidavit of
mortgagee, 165.

CONTRACTS, 5; definition of, 5; are express or implied, 5 ;
consideration, 6; when to be in writing, 6; Statute of
Frauds, 7; under $40, 8; over $40, 9; form of, for sale
of lands, 10; for lease with right to purchase, 12, 15;
to build house, 23, 29; sub-contract, 39; bond by builder
and sureties, 41; for repairs, 43; for sale of merchant's
stock, 44; for sale of grain, 45.

D.

DEEDS, 167; must be written or printed, 167; contents of, 168;
dower, bar of, 169; by married women, 169; how signed,
169; how registered, 170, 173; form of bargain and
sale, 174, 178; statutory deed, 182; married woman's deed,
183; deed of gift, 185; certificate of acknowledgment,
186; affidavit of execution, 186.

DISTRESS, SEE LANDLORD AND TENANT.

DIVISION COURTS, 187; jurisdiction of, 188; claim not to
be divided, 189; suit, how entered, 189; mode of proce-
dure, 190; particulars of claim, 190; notice of defence,
191; service of summons, 192; suit against partners, 193;
hearing of cause, 193; adjournment, 194; tender, plea
of, 194; payment into Court, 195; set off, 196; subpoena,

DIVISION COURTS, (Continued.)

197, 198; affidavits, how sworn, 198; execution, 199, 202;
arbitration, 199; confession, 200; jury, 201; cross judg-
ments, 202; transcripts, 203; death of parties, 203; exe-
cution against lands, 204; neglect of Bailiff to levy, 204;
immediate execution, 205; judgment summons, 205;
committal to gaol, 206; proceedings against absconding
debtors, 207, 209; attachment of debts, 209; interpleader
209; form of undertaking by next friend, 210; affidavit
for leave to sue in adjoining division, 211; affidavit for
attachment, 214; replevin, 216, 218; claim in replevin,
218; particulars in contract, 219; tort, 220; claim for
rent, 220; interpleader claim, 221; application for judg-
ment summons, 222; affidavit for garnishee order, 222;
defendant's notices, 223, 225; affirmation by quakers, &c.,
225;
affidavit of disbursements, 226; for revival of judg-
ment, 227.

E.

EXECUTORS AND ADMINISTRATORS, SEE WILLS.

F.

FENCES, SEE LINE-FENCES AND WATER-COURSES.

FIXTURES, SEE LANDLORD AND TENANT.

G.

GOODS, SALE OF, SEE CONTRACTS.

I.

INSOLVENCY, 228; statute relating to, 228; who are traders,
229; assignment, how made, 229; official assignee, 229;
First meeting of creditors, 230; statement of assets and
liabilities, 230; appointment of creditor's assignee, 230;
effect of assignment, 231; compulsory liquidation, 231,
233; discharge of insolvent, 233; form of claim, 234.

1.

LANDLORD AND TENANT, 236; leases, 236; yearly ten-
ancy, 237, 238; holding over, 237; distress, 238, 243;
action for rent, 238; distress after expiration of term,

LANDLORD AND TENANT, (Continued.)

239; at what time rent payable, 240; distraining goods in
execution, 241; costs of distress, 243; action for rent,
244; repairs, 244; notice to quit, 244; form of lease of
house, 245; land, 249; house and farm, 253; statutory
lease, 259; distress warrant, 260; inventory, 261; notice
of distress, 262, 263; request for delay, 263; notice to
quit by landlord, 264; by tenant, 284.

LINE-FENCES AND WATER-COURSES, 265; statutes relat-
ing to, 265; removal of, 265; water-fences, 266; open-
ing ditches, 266; disputes, as to, 267; mode of procedure
by fence-viewers, 267, 268; enforcing award, 269; ap-
plication to Justices, 270, 272; fees, 272; provisions of
amended act, 273; non-resident lands, 273; extension
into adjoining municipality, 275.

M.

MASTER AND SERVANT, 276; contract of hiring, 276; when
to be in writing, 277; when presumed, 277; hiring of
domestic servants, 278; relative duties of, 279; appren-
ticeship, 279; usual covenants on, 280; statutes relating
to, 281; summary proceedings under, 281; remedy for
wages, 281; act respecting minors, 282; orphan child-
ren, 283; illusage of apprentice, 284; punishment of
apprentice, 284; form of apprenticeship indenture, 285;
apprenticeship of girl, 287; assignment, 288.

MORTGAGES, 289; what they are, 289; how discharged, 290;
should be in duplicate, 291; remedies on, 291; forms of
statutory mortgage, 292; affidavit of execution, 294; dis-
charge, 294; assignment of, 296; mortgage of lease, 299.

N.

NATURALIZATION, 305; who are aliens, 305; statutes affect-
ing, 305; how naturalized, 306; certificate of, 308; how
recorded, 308; forms of oath, 309.

NOTICE TO QUIT, SEB LANDLORD AND TENANT.

P.

PARTNERSHIP, 310; what constitutes a part: 310; general and

special, 311, 317; authority of partners, 312; dormant

PARTNERSHIP, (Continued.

and secret, 312; determination of, 814; limited, 315; how formed, 315; extension and alteration of, 316; dissolution of limited, 318; registration of names of firm, 318; from of deed, 319; dissolution, 327; notices of, 322; limited liability certificate, 324; declaration for registration, 324.

PATENTS OF INVENTION, 325; patent office, 325; statute relating to, 326; who may obtain patent, 326; application, how made, 327; contents of petition, 327; specification, 328; drawings, 328; specimens of ingredients, 328; effect of patent, 829; errors and mistakes, 829; assignment of, 329; infringement of, 330; fees, 330; form of petition, 331; oath, 332; specification, 333; surrender, 334; disclaimer, 334; assignment, 385. PROMISSORY NOTES, SEE BILLS AND NOTES.

R.

RENTS, SEE LANDLORD AND TENANT.

S.

SERVANT, SEE MASTER AND SERVANT.

W.

WILLS, 337; who may make, 337; will of lands, 337; will of personalty, 338; must be in writing, 338; except of soldiers and sailors, 338; how executed, 338; appointment of executor, 339; who may be executor, 339; executor must prove will, $40; duty of executor, 340; payment of debts and legacics, 341; of intestacy, 341; how intestate's estate distributed, 341, 342; rights of widow and children, 341, 342; wills of married women, 343; letters of administration, 343; codicils, 344; how wills revoked, 344; forms of will, 344, 347; codicil, 344, 347.

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