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CARRIAGE,

negligent driving of, 176

rules of the road as to driving of, 176

collision with another carriage, where contributory negligence, 176
duty of driver of, towards foot passengers, 177

joint hiring of, 177

liability of master for negligence in servant whilst driving, 177
liability of hirer of, 177

CARRIER,

distinction between liability for carriage of goods and of passengers, 199

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carriage of, by railway company, subject to special regulations, 214

COLLISION

between carriages on highway, 176

COMMISSIONERS,

mandamus to, 365

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misrepresentations by directors of, 272

fraud in prospectus of, 272

extent of liability of, for reports issued by its directors, 276

officers of, liable for concoction of fraudulent reports, 278

prohibition against, for use of identical name of a subsisting company, 335
has the same rights as a private trader in respect of name, 336

COMPANIES ACT, 1867, s. 38

provisions of, 280

interpretation of enactment, 280

only applies to shareholders, 284

does not give remedy against the company, but only against persons omitting

to disclose contracts, 284

meaning of words "knowingly issuing," 284

measure of damages, 284

COMPENSATION

for injuries under the Employers' Liability Act, 164

CONCEALMENT

of defect in chattel, 264

CONSTABLE,

duty of, in regard to taking person into custody, 23
may in certain cases arrest without warrant, 24, 26
statutory protection from vexatious action, 30

CONSTRUCTION OF WORKS,

liability of railway company for injury caused by, 197
mandamus to company to enforce, 368

CONTEMPT OF COURT,

committal for, 29

CONTINUING,

trespass, 67

nuisance, 224

CONTRACT,

distinction between action founded on, and on tort, 1, 389
undisclosed, by company, 280-85

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plagiarism, not necessarily an invasion of copyright, 294

book on common subject by different authors, 295

no copyright in title of book, or name of newspaper, 297

may exist in respect of matter or arrangement of book, 297
in cartoons, 297

gratuitous distribution may constitute infringement of, 297

representation of drama founded on novel, not an infringement, 297
though printing and publication is, 298

limitation of action, 298

COPYRIGHT--continued.

notice of objections, 298

importing for sale, and "selling knowingly," 298

"person aggrieved," 299

forfeiture of copies, 299

dramatic, 299. See DRAMATIC COPYRIGHT.

musical, 305

Musical Compositions Act, 1882,

provisions of, 306

Fine Arts Copyright Act, 1862; 306, 310. See ART, WORKS OF.

in engravings, 310. See ENGRAVINGS, COPYRIGHT.

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under the Statute of Gloucester, 379

County Courts Act, 1867, s. 5; 379

Judicature Act, 1875, O. LV., 379

Rules of Supreme Court, 1883, O. LXV., 379

combined effect of the Judicature Act, 1875, and O. LXV. of the Supreme

Court Rules, 1883; 380

discretion of Court where no provision for costs in statute, 381

meaning of term "incident to all proceedings in High Court," 381

discretion of judge, 381

'meaning of term "good cause," 381

original jurisdiction of Divisional Court in matter of costs, 382

application "at time of trial," 383

Judge at chambers has no jurisdiction over costs under O. LXV. r. 1, 383

where several issues, costs to follow "event" of each issue, 383

apportionment of costs, 383.

where there is a counterclaim, 383

where claim and counterclaim both dismissed, 384

successful defendant may be deprived of costs, 384

provisions of County Courts Act, 1867, s. 5, do not apply to counterclaim, 384

of "third parties," 385

in actions triable in the County Court, 385

in action remitted from High Court to County Court, 386

in action removed from County Court to High Court, 386

in action removed by certiorari into a Superior Court, 386
arbitrator's power over, 387

on reference, 387

when doubtful whether action is founded on contract or tort within the words
of s. 5 of the County Courts Act, 1867; 389

under-sheriff may certify for, under s. 5 of the County Courts Act, 1867; 391
statutes giving double and treble costs, 391

in particular actions, 392

no contribution, when costs levied on one of two joint wrong-doers, 392

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