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LEX LOCI, given effect to in contracts, 90 to 95.

is a question for jury on evidence, 91.

contracts construed according to law of place where made, id.
instances where given effect to, 90 to 95.

LIBELS, contract for sale of, void, 418, 664.
action for price of printing, 574, 664.

implied indemnity from publishing of, 505, 664.

LICENCE, easement over realty, deed necessary, 66, note (g).
words of licence, when not an agreement, 74.

when revocable, 214.

by landlord to tenant, to quit when void, 329 to 331.

licence to use land, &c., whether within Statute of Frauds, 303, 304.
covenant to dance at theatre-promisee must first procure licence, 739.
licence to retake goods sold, if price is not paid, is personal, 432.

LIEN, of workmen in general, 545, 546.

for price of goods to be made for ready money, 375, 376.

vendor's lien for price of goods-(See Sale of Goods, Stoppage in transitu),
427 to 431, 844.

carrier's lien against vendee not to affect vendor's stopping in trausitu,
435 to 437.

guarantee, if creditor would give up lien, whether must be in writing,
511 to 515.

not affected by Statute of Limitations, 806.

stipulation for, how construed, 97.

LIFE, contract to serve for, 669.

LIMITATIONS, STATUTE OF.

1. In general: the enactments of the statutes; and to what they apply,
reasons for the limitation; to be favoured, 805, note (q).

no common law bar, only presumption against old claim, 806.
statute does not extinguish debt, only bars remedy; lien still exists;
demand may be revived, id.

arrest for debt barred, court will not interfere, id.

effect of, as to petitioning creditor's debt, fiat, &c., id.

enactments of statute of James, as to contracts, 806, 807.

the late Statutes of Limitations as to real actions, &c., 806, note (z).

to what debts, &c., statute of James applies, 807.

exceptions in, as to merchant's accounts, &c., 807, 808.

parol statement, new consideration, 808.

exceptions in case of judgment or outlawry reversed, &c., id.

in case of infants, married women, creditors beyond seas, &c., 809.
parties in prison, id.

by Law Amendment Act, residence in Ireland, Scotland, Guernsey,
&c., not deemed "beyond seas," id.

statute of Anne, debtors abroad, 810.

creditor or debtor going abroad after cause of action accrued, id.

whether death suspends the statute by or against representative, 811.
limitation in actions for rent on leases, and on deeds and bonds, and
exceptions, &c., id

in debt for annuities, or charges on land, 812.

in case of mortgages, judgments, and liens, 8.

appropriation of payment where one of two debts barred by, 753.

2. From what period the limitation runs.

only from time action might be brought, and cause of it complete, 814.
subsequent disability does not affect, id.

executor, litigation of probate, id.

LIMITATIONS, STATUTE OF-continued.

instances, debt, bills, &c., payable in futuro, &c., 814 to 816.
attorney's bill determination of suit, 815.

co-surety for contribution, id.

promises of indemnity, id.

in actions for breaches of contracts, or against attorneys for negligence,
and factors for not accounting, &c., 816, 817.

in action for use and occupation, 818.

in case of undiscovered fraud, &c., id., note (n).

3. Of the revival of the debt by a new promise, &c., within six years.
1. In general.

Lord Tenterden's act, as to written admission or part payment;
does not alter character of acknowledgment, 819 to 821.
effect of admission by one of several contractors, under the act,
820.

indorsements of payments; statute applies to set off, id.

memorandum need not be stamped, agreement, promissory note,
123, 132, 820, 821.

2. Of the form and nature of the new admission or promise.

principle now settled; new admission must amount to a promise
to pay, or not repel inference of promise; conditional promise,
admission, but refusal to pay, &c.; late important cases,

821 to 827.

promise to pay when able, 821.

what not a conditional promise, id.

instances of insufficient acknowledgments, 822, note (y).

and of admissions held sufficient, but supposed not to be now law,
824, note (g).

admission "without prejudice," or "subject to set-off.” or with an
assertion that debt barred, &c., 828.

acknowledgment must refer to the identical debt; as to the effect
of general admission and only one debt appearing, or of a
balance being due, id.

sufficiency of, for jury's consideration, id.

the paper need not state amount of debt, 829.

effect of second I. O. U. on same paper, 830.

of indorsement on promissory note, id.

date of promise supplied by parol, id.

part payment even of interest, and by one debtor, obviates statute

in toto, 831, 832.

bill of exchange for part, 648, 649.

delivery of goods in reduction of debt, 832.

allowance of part on account, id.

defendant must charge himself by the written instrument; signa-

ture to be "by the party chargeable thereby," id.

effect of loss of written admission, id.

admission after action brought, id.

in case of special contract broken, 833.

3. By whom the acknowledgment must be made; by party “charge-

able thereby," not by agent, 833, 211, note (g).

admission by one of several debtors, 833, 834.

by one, of his proportion of debt, 834.

by vestry on note given by churchwardens on parish account, id.
part payment by one of several debtors, affects others, 834, 835.
by stranger without debtor's consent, id.

but not their representatives, &c., if made after death, bankruptcy,
&c., of one, 835.

4. To whom the acknowledgment may be made.

must be made to the creditor himself, or his agent, 836, 837.

LIMITATIONS, STATUTE OF-continued.

payment of interest to administrator, though note not bonum no-
tabilium, 837.

to cestui que trust on money lent by trustees, id.

4. Of issuing and continuing a writ to save the statute.
enactment of Uniformity of Process Act, 837, 838.

writ is the commencement of the suit in all courts, 837, note (m).
issue and record now show when action brought, so that writ need not
be produced, 838.

action in inferior court, removed to King's Bench, statute pleaded, id.
5. Of the pleadings in these cases.

in general sufficient to declare on original debt, aliter where promise
is conditional, &c., to bar the statute, 838, 839.

how to declare in case of executors, assignee, husband and wife, if
new promise, &c. 839.

form, &c., of plea, replication, &c., 840, 841.

should reply Statute of Limitations to plea of set-off, when, 841.

LIQUIDATED DAMAGES.-(See Damages, Penalty).

general rule, what so considered in agreement, reserving a sum on breach
of agreement, and not a penalty: the sum viewed as a penalty if re-
served on any breach of agreement containing minute and trifling
clauses and important stipulations, &c. Instances, theatrical engage-
ments, &c., 863 to 868.

sum to be paid as liquidated damages, on doing a certain specified act, as
marrying another person, ploughing up arable land, not doing work,
&c., 866, 867.

effect of word "penalty" in these cases, 868.

jury must give full amount, id.

taking less than liquidated damages, recovering remainder, 747.

set-off of, 844.

LIQUORS, SPIRITUOUS, sale of, when illegal, 425.

LITIGATION, prevention or settlement of, a good consideration, 44 to 46.
LIVERY STABLE KEEPER, lien of, 546.

liability of, on servant's warranty, 217.

LIVINGS, charges on benefices, illegal, 725, 726.
LOAN OF GOODS.-(See Money Lent).

in case of bailment-(See Bailees), 474, 475.
LOAN OF STOCK, when usurious, 705, 706.

LOAN ON A RISK, when not usurious, 704.

LODGINGS, parol agreement to take, not perfected by entry, void, 320, 321.
general taking of, how construed, 321.

notice to quit them, 349, 350.

liability of infant for, 144.

LONDON, sworn and other city brokers, 547 to 549, and notes; 697.

shop in, market overt, 385, 889.

LOSS. (See Accident).

of bills of exchange, (See Bills of Exchange), 770.

of contract, 785.

of agreement, effect as to stamp, 128.

LOST BILL, promise to pay, when not sufficient, 53.

LOTTERY, sale by, 426, note (u).

LUNACY, no dissolution of partnership when, 259, note (t).

LUNATIC-(See Non Compos), 136 to 140.

MACKEREL, sale of, on Sunday allowed, 724, note (r).

MAINTENANCE OF SUITS, an illegal contract, 676, 677.

MALA FIDES, proof of, requisite to defeat claim of holder of bill, 256.
MANDAMUS, will not issue to Lords of Treasury to pay arrears of pay, &c.
280, note (b).

MANUFACTURE.-(See Sale of Goods).

goods in course of, when property in, passes to vendee, 379 to 383, 393.
MANURE, right of tenant to, 369.

MARK, signature to agreement, &c. by, sufficient, 72.

MARKET, assumpsit for stallage without showing contract, 372, note (ƒ).
MARKET OVERT, what is sale in, &c., 385, 386, 889.
sale in, is within Statute of Frauds, 388.

MARRIAGE. (Se Husband and Wife, Separation, Deed).
promises of marriage-

no action by executor of promisee for breach of promise, 98.
must in general be mutual obligation, exception, 536, 537.
nature of promise, and evidence thereof, id.

need not be in writing, or stamped, 537.

covenant by C. that A. shall marry B., not excused by A.'s refusal,

740.

when to be performed; effect of general promise, 537, 538.

request to marry, breach, &c., 538, note (k).

defences, pre-engagement, bad character, gross manners, &c.; wilful
misrepresentation of property, &c., 538 to 540.

no action by executor, after death of promisee, 541.

promise "to marry A. or pay 1000l. damages," 866, 867.

promise in consideration of discharging party from promise, bill in
equity to discover promise, 536, note (r).

excessive damages in action for not marrying, 875, note (e).

marriage settlement, when fraudulent against creditors, 410, note (n).
promises in consideration of marriage, to be in writing, &c., 537.
release by feme creditor marrying her debtor, 783.
contracts in restraint of marriage, 671, 672.

MARRIAGE BROCAGE, illegal, 672.

MARRY, PROMISE TO-(See Marriage), 536.

MASTER AND SERVANT.-(See Principal and Agent).
master not liable for medicines for servant, 216, note (g), 581.

when otherwise, 581.

nor for his wilful tort, 215, note (ƒ).

liability of domestic servant for loss of goods, 476.

implied promises by master and servant on hiring, 575, and notes.
slave's right to wages, 576.

wages of servants in certain trades to be paid in money, 575, note (c).

contract to hire servant, whether to be in writing, form thereof, 576.

general hiring of domestic servant, and of clerk, &c.; effect of, 576 to 579.
turning away domestic servant without warning, what wages are payable,
576, 580.

hiring for life, 579.

of servant's misconduct, what warrants discharge without warning, and
without paying current wages, 579, 580, and notes.

set-off against wages, 841.

MASTER AND SERVANT-continued.

when wages presumed to be paid, 581, 749.
trover for livery, 580, note (o).

infant servant, deduction against, 581.

promise by master of ship to pay extra wages, 52.

MEANING OF WORDS, 81, 82.

MEDICAL MEN.-(See Physicians, Surgeons, Apothecaries, Chemists, and
Druggists).

implied duty of, 553, 554.

MEMBER OF JOINT STOCK COMPANY, no authority to accept bills
in name of director, 213.

MEMBERS OF CLUBS, committee pledging credit of, 212, 215.

are not partners, 245.

MERCANTILE CONTRACTS, construction of, 83, 84.

parol evidence to explain, 83, 100, 403.

when a question for the jury, 83.

instances, 83, 84.

MERCHANTS' ACCOUNTS, operation of Statute of Limitations as to-(See

Limitations, Statute of), 807, 808.

MERGER, by taking specialty, for simple contract debt, 783.

by judgment, 787.

by other means, 783, 784.

MESSENGER UNDER COMMISSION OF BANKRUPT, his remedy for
his bill, 573, 574.

MISDEMEANOR, compounding it, contract bad, 674, 675.

MISREPRESENTATION.-(See Fraud).

of auctioneer, 108, note (n).

proviso as to, in conditions of sale, and effect of, 295 to 299.
proving it by parol, 108, 113.

of a goodwill of business, 685.

MISTAKE, in describing premises sold by auction, 295, 296.

in written agreement, but no ambiguity, not to be explained by parol, 99.
money paid under mistake of facts or law, when recoverable-(See Money
had and received), 627 to 633.

mistake in items of account stated, 655.

agent mistakenly giving credit as for money received, 605.

bankers mistakenly paying forged bill or check, 597, 631, 632.

MONEY HAD AND RECEIVED.

1. In general: for what the common count for money had and received
lies; and of its form and nature.

general equitable nature of the count, and form of it, 601, 602.
does not lie to recover deposit on purchase of an estate, when, 602.
if money in dispute has been deposited with stakeholder, to abide
event, &c. latter only can be sued, 603.

assignee of a licence of mortgaged premises cannot sue if fresh licence
obtained, id.

lies only in general where money has been received; exceptions if
stock or provincial notes, checks, &c. received as money, 603, 604.
against infant wrongfully embezzling money, 151.

must show specific title to particular sum; judgment creditor having
elegit, suing receiver, where former incumbrances, 604.

in general defendant must originally have received the money for
plaintiff's use, and exceptions, id.

liability may exist though no money received by defendant, 605, 606.

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