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CARRIACE.-Vide ante, p. 190.

CARRIED INTO, in 24 Vict. c. 10, s. 6, is used in a wider sense than "imported." Dapueto v. Wyllie (1874), L. R. 5 P. C. 492. CARRYING ON BUSINESS, in 9 & 10 Vict. c. 95, s. 60, of a railway company, applies only to the station where the general superintendence of the whole company is centred. Brown v. L. & N.W. Rail. Co. (1863), 32 L. J. Q. B. 318; Palmer v. Caledonian Rail. Co. (1892), 8 Times L. R. 502.

CASH, in 30 & 31 Vict. c. 131 (Companies), s. 25. See In re Johannesberg Co. (1891), 1 Ch. 119.

CATTLE, in 28 & 29 Vict. c. 60, includes pigs (Child v. Hearn (1874), L. R. 9 Ex. 176) and horses (Wright v. Pearson (1869), L. R. 4 Q. B. 582).

CAUSE OF ACTION means everything which the plaintiff would have to prove if traversed in order to support his claim to the judgment of the Court. Cooke v. Gill (1872), L. R. 8 C. P. 107.

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includes an assignment of a cause of action. Read v. Brown (1888), 22 Q. B. D. 128.

in 53 Geo. 3, c. 127, s. 1, is “not a technical word signifying one kind or another, it is causa jurisdictionis, any suit, action, matter, or other similar proceeding competently brought before and litigated in a particular court." Per Lord Selborne in Green v. Lord Penzance (1881), 6 App. Cas. 671.

CAVEAT, in 15 & 16 Vict. c. 83, s. 20, means "anything in the nature of an opposition at any stage, and is not confined to the opposition at the Great Seal, which was the meaning of 'caveat' under the old practice." Per Lord Cairns, L.C., in Johnson's Patent (1880), 13 Ch. D. 398, note (1).

CHANCELLOR, THE LORD, is to be taken in all Acts as a compendious expression for "the Lord High Chancellor of Great Britain for the time being"; when used in reference to Ireland only, the Lord Chancellor of Ireland for the time being; unless the contrary intention appears in the Act in which the expression is used. Int. Act, 1889, s. 12 (1). As to the first, see National Debt Redemption Act, 1889 (c. 4), s. 18.

CHARGE OR CONTROL, in the Employers' Liability Act, 1880 (43 & 44 Vict. c. 42), s. 1 (5), is construed as being two expressions, both meaning the same thing, but not including the case of a person who merely had the duty to clean and oil the machinery of the

locking apparatus and points on a railway. Gibbs v. G. W. R. (1883), 11 Q. B. D. 22.

CHARGE UPON LAND, in 19 Geo. 2, c. 28 (Parliamentary Elections), does not include taxes and rates. See s. 5.

CHARGED UPON LAND, in the Limitation Act, 1832 (3 & 4 Will. 4, c. 27), s. 1, applies to payments in the nature of tithes imposed by 37 Hen. 8, c. 12, on houses in the City of London. Payne v. Esdaile (1888), 13 App. Cas. 613.

CHARITABLE PURPOSES, technically, and in the eye of a Court of justice, "has a meaning so extensive as to include everything which is expressly described as a 'charitable use' in 43 Eliz. c. 4, s. 1, or is within what has been called the equity of the statute, but there is perhaps not one person in a thousand who knows what is the technical and legal meaning of the word 'charity."" Per Lord Cairns in Dolan v. Macdermott (1868), 3 Ch. App. 678. in the Income Tax Act (5 & 6 Vict. c. 35), sch. A., s. 61, has the legal technical meaning given it by English law. Commissioners of Income Tax v. Pemsel (1891), A. C. 532.

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CHARITY, in 16 & 17 Vict. c. 137, s. 66, applies to every institution in

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England and Wales endowed for charitable purposes, even though the constitution of the charity or the corpus of the property should be abroad." Re Duncan (1867), 2 Ch. App. 392.

COMMISSIONERS.-The Charity Commissioners for England [and Wales] for the time being. Int. Act, 1889 (c. 63), s. 12 (14). CHATTEL OR VALUABLE SECURITY, in 24 & 25 Vict. c. 96, s. 75, does not include a policy of insurance which has become due. R. v. Tatlock (1877), 2 Q. B. D. 163.

CHIEF SECRETARY, when used with reference to Ireland, means the Chief Secretary to the Lord Lieutenant for the time being. Int. Act, 1889 (c. 63), s. 12 (10).

CHILD, in 43 Eliz. c. 2, s. 7, does not include grandchild. Maund v. Mason (1874), L. R. 9 Q. B. 254.

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in Statute of Distributions.-Vide ante, p. 192.

when used in a statute, "means exactly what Wood, V.C., said as regards the word 'children' in a will, that is, children according to the law of England." Per Jessel, M.R., in Re Goodman's Trust (1880), L. R. 14 Ch. D. 622; overruled (1881), 17 Ch. D. 266, diss. Lush, L.J.

CHURCH, as used in 5 Geo. 4, c. 36, s. 1, includes chancel. Rippin v. Bastin (1869), L. R. 2 Adm. & E. 386.

CLAIM, in the Parliamentary Registration Acts, declaration in support of a claim to vote. (1890), 24 Q. B. D. 144.

CLAUSE OF A WILL, in 29 Chas. 2, c. 3, s. 6,

includes a statutory

Ainsley v. Nicholson

66 means some collocation of words in the will which, when removed out of the will, will leave the rest of the will intelligible": per Lord Cairns in Swinton v. Bailey (1879), 4 App. Cas. 77; and, per Mellish, L.J., (S.C.) 1 Ex. D. 121, "the word 'clause' is not used in any strict or technical sense, but merely means the same thing and has the same effect as 'part.'

COAL, in the Metropolitan Streets Act, 1867, s. 15 (30 & 31 Vict. c. 134), does not include coke. Fletcher v. Fields (1891), 1 Q. B. 790. COLLUSION, in the Matrimonial Causes Act, 1860, s. 7.—See Hunt v.

Hunt (1878), 47 L. J. P. D. & A. 22; Alexandre v. Alexandre (1870), L. R. 2 P. & D. 164; Butler v. Butler (1890), 15 P. D. 67 (C. A.).

COLONIAL LEGISLATURE.-The authority other than the Imperial Parliament or the Queen in Council competent to make laws for a British possession (including India). Int. Act, 1889 (c. 63), s. 18 (7); cf. Statt. 1890, c. 52, s. 26.

COLONY.-Any part of the Queen's dominions except the British Islands and British India. Int. Act, 1889, c. 63, s. 18 (3).

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Where parts of the Queen's dominions are under both a local and a central Legislature (e.g., Canada and Australia), all parts under the central Legislature are one colony for the purposes of this definition. Cf. Army (Annual) Act, 1890, c. 4, s. 9 (2). COMMENCEMENT.-Vide ante, p. 177.

COMMISSIONERS OF WOODS or OF WOODS AND FORESTS.-The Commissioners for the time being of her Majesty's Woods and Forests and Land Revenues. Int. Act, 1889 (c. 63), s. 12 (12).

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OF WORKS.-The Commissioners for the time being of her Majesty's Works and Public Buildings. Int. Act, 1889 (c. 63), s. 12 (13).

COMMITTED FOR TRIAL, refers in England and Wales to any person committed to prison or admitted to bail by a court, judge, justice, or coroner, with a view to his being tried before a judge and jury. Int. Act, 1889 (c. 63), s. 27.

COMMITTED TO PRISON, as used in 40 & 41 Vict. c. 21, s. 57, means "ordered to be kept in prison." Mullins v. Treasurer of Surrey

(1881), 7 App. Cas. 1, 9.

COMMITTEE, as used in the articles of association of a limited company,
need not necessarily consist of more than one person.
Re Taurine
Company (1884), 25 Ch. D. 118.

COMMON LODGING-HOUSE, in 14 & 15 Vict. c. 28, and 16 & 17 Vict. c. 41, means a common lodging-house kept for the purpose of profit, and open to all comers of whatever class (Booth v. Ferrett (1890), 25 Q. B. D. 89; Langdon v. Broadbent (1878), 37 L. T. 436); and does not include charitable institutions, even where persons of the poorest classes are allowed to sleep in a common

room.

COMMUNICATE AND

COMMUNICATIONS, in Official Secrets Act, 1889 (52 & 53 Vict. c. 52), s. 8, "include any communication, whether in whole or in part, and whether the document, sketch, plan, model, or information itself, or the substance or effect thereof only be communicated."

COMPANY.-See Public company whether incorporated or not.

in the Railway Companies Act, 1867 (30 & 31 Vict. c. 127), ss. 3, 4, includes a dock company which has a short line of railway attached although the railway is ancillary to the dock. G. N. R. v. Tahourdin (1883), 13 Q. B. D. 370.

INCORPORATED BY ACT OF PARLIAMENT.—An insurance company incorporated by charter, in virtue of powers given by an Act of Parliament, is a company incorporated by Act of Parliament within the meaning of an investment clause. Elve v. Boyton (1891), 1 Ch. 501.

COMPETENT COURT, in 32 & 33 Vict. c. 62, s. 5, "must be understood to mean a Court acting within the local limits of its existing jurisdiction." Washer v. Elliott (1876), 1 C. P. D. 174.

CONCERNED IN THE CONTRACT, in Public Health Act, 1875 (c. 55), sch. II., r. 64," has no very definite meaning, and was perhaps purposely employed for that very reason, viz., to prevent the conflict between interest and duty that might otherwise inevitably arise." Nutton v. Wilson (1889), 22 Q. B. D. 748 (Bowen, L.J.). CONDUCT AND AFFAIRS OF BANKRUPT, in s. 28 (2) of the Bankruptcy Act, 1883, means conduct arising out of or connected with the bankruptcy, but is not confined to the matters specified in s. 28 (3). Re Jones (1890), 24 Q. B. D. 589.

CONSOLIDATED FUND, in the Naval Defence Act, 1889 (c. 8), s. 8, means the Consolidated Fund of the United Kingdom of Great Britain and Ireland.

CONSUL OR VICE-CONSUL.-For the purpose of the application of the Extradition Acts, 1870 and 1873, to British possessions, includes any person recognised by the Governor of a British possession as a consular officer of a foreign State (1873, c. 60, s. 7). This enactment was passed to cover the Canadian decision in Lamirande's case (1866), 10 Lower Can. Jur. 289.

under 12 & 13 Vict. c. 68 (Marriages of British Subjects Abroad)—

(a) A consul-general or consul authorized or directed by writing under the hand of a Secretary of State to solemnise and register marriages.

(b) Any person duly authorized to act in the absence of any such consul.

(c) Where there is no British consul resident in any foreign place, any British vice-consul or consular agent directed or authorized in writing under the hand of a Secretary of State to solemnise and register marriages in such place.

CONSULAR AGENT, in the 1st schedule to the Fisheries Act, 1868

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(21 & 32 Vict. c. 45), is equivalent to "consular officer" as defined in that Act, s. 5. The definition of 1868 is slightly affected by that in the Int. Act, 1889 (52 & 53 Vict. c. 63), s. 12 (20).

OFFICER, in all Acts, includes consul-general, consul, vice-consul, consular agent, or any person for the time being authorized to discharge the duties of consul-general, consul, or vice-consul. Int. Act, 1889 (c. 63), s. 12 (20). This definition is based on that contained in the Sea Fisheries Act, 1868 (31 & 32 Vict. c. 45), with the substitution of "authorized to discharge" for "discharging." In the earlier Act also, "consular agent" in the convention scheduled to the Act is defined as equivalent to consular officer.

in the Merchant Shipping Act, 1876 (c. 80), s. 13, means "any consul-general, vice-consul, consular agent, or other officer recognised by a Secretary of State as a consular officer of a foreign State." This seems to be superseded by the definition of 1889. But the word authorized is ambiguous, unless it be conceded that consular authority depends upon his exequatur or the recognition by a Secretary of State for the British Crown and not upon the mandate contained in a foreign commission.

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