In the appendix to this volume will be found the Rules prescribed for the trial of Election Petitions,-Local and Dominion,—as in force in June, 1882. The rules applicable to Local elections remain unchanged but new rules for the trial of petitions relating to the Dominion elections were adopted July 15th, 1882. The changes made are substantially as foreshadowed in the note at the end of the appendix, but in order to be exactly right the following corrections should be made, which include those, indicated in the note above referred to:

1. Wherever the words "Election Court," "Election Judge," or "Election Judges" are used, strike out the word "Election."

2. In rule I., line 2, after the words "office of the," insert the words "Prothonotary at Halifax, who shall be."

3. In rule V., rule XXX., rule XXXVIII. and rule XLVII. for the words "IN THE ELECTION COURT" substitute the words "IN THE SUPREME COURT."

4. In rule VI., line 5, for the words "

Superior Courts of Common Law," substitute the words "Supreme Court."

5. In rule XXII., line 2, after the word "Court," insert the words " or the Judge who is to try the same."

6. In rule XXVIII., line 1, after the word "the" insert the words "Court for the." For the word "it" in line 2, substitute the words "the trial."

7. In rule XXIX. for the words "by rule" substitute the words "a rule."

8. In rule XXX., line 1, after the word "any" insert the word "election."

9. In rule XXXI., line 1, for the word "at" substitute the word "for."

10. In rule XXXII., for the words in italics "as in section 30," substitute the words "the name of the Electoral Division." For the word "requested" in line 6, substitute the word "required."

11. In rule XXXIII., for the words in italics "name of electoral division," substitute the words "here name the electoral division." 12. In rule XXXIV., line 3, strike out the words " as the case may be."

13. In the teste of the subpoena, (p. 553), insert the words "the Honorable James McDonald."

14. Add the following rule,

LI.

All rules heretofore in force for the trial of Controverted Elections of members of the House of Commons are hereby revoked.

INDEX.

INDEX.

ABANDONMENT OF DISTRESS.

See DISTRESS FOR RENT, ABANDONMENT OF.

ABSCONDING DEBTOR PROCESS.

The attorney of A, B & C on the 16th July took out writs of attach-
ment which were levied on property of the defendants in Halifax County
on July 17th, and on July 19th he issued a writ of attachment at the
suit of D, which was forwarded with the other three writs on the same
day to the sheriff of Hants, where they were levied on defendants'
property there. On July 17th a writ was issued at the suit of E and
levied on the Halifax property on the same day but subsequently to the
levies at the suit of A, B & C, and on the 19th July a writ was issued
and levied on the Halifax property at the suit of F.

Held, reversing the decision of YOUNG, C. J., who had confirmed the
report of the Master, that the property levied on in Hants had been
rightly appropriated in the first place to the payment of D's claim and
the balance to the claims of A, B & C.

Held also, that an appeal from the order of YOUNG, C. J., having
been refused, a motion to rescind it could be resorted to.
In re Cameron's Circus

ACCORD AND SATISFACTION.

Plaintiff brought action for $84.33 for work done, &c, for defendant,
to which defendant pleaded payment after action brought. It appeared
in proof that while plaintiff was in prison on a charge the nature of
which was not disclosed, defendant obtained from him a written acknow-
ledgment, as follows: "This day I have settled all matters of account
and the suit brought against me by John McCabe for $84.33." (Sgd.)
"F. H. McNutt." The signing of this was followed by the payment of
fifty cents by defendant to plaintiff, which the County Court Judge
held to be sufficient under the plea. Yet he gave the plaintiff judgment
for ten cents to enable him to tax summary costs.

The COURT set the judgment aside and remitted the case to the County
Court.

McNutt v. McCabe

ACCOUNTANT GENERAL.

See Regula Generalis ....

ADMINISTRATION BOND, ACTION ON.

See EQUITABLE DEFENSE.

ADMISSION TO THE BAR.

248

372

522

See SPECIAL SESSION.