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. LIBELS, contract for sale of, void, 418, 664. implied indemnity from publishing of, 505, 664. LICENCE, easement over realty, deed necessary, 66, note (g). 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. 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), carrier's lien against vendee not to affect vendor's stopping in trausitu, guarantee, if creditor would give up lien, whether must be in writing, 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, no common law bar, only presumption against old claim, 806. 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. by Law Amendment Act, residence in Ireland, Scotland, Guernsey, 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. 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. executor, litigation of probate, id. LIMITATIONS, STATUTE OF-continued. instances, debt, bills, &c., payable in futuro, &c., 814 to 816. co-surety for contribution, id. promises of indemnity, id. in actions for breaches of contracts, or against attorneys for negligence, 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. Lord Tenterden's act, as to written admission or part payment; indorsements of payments; statute applies to set off, id. memorandum need not be stamped, agreement, promissory note, 2. Of the form and nature of the new admission or promise. principle now settled; new admission must amount to a promise 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, admission "without prejudice," or "subject to set-off.” or with an acknowledgment must refer to the identical debt; as to the effect 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. but not their representatives, &c., if made after death, bankruptcy, 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- to cestui que trust on money lent by trustees, id. 4. Of issuing and continuing a writ to save the statute. writ is the commencement of the suit in all courts, 837, note (m). action in inferior court, removed to King's Bench, statute pleaded, id. in general sufficient to declare on original debt, aliter where promise how to declare in case of executors, assignee, husband and wife, if 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 sum to be paid as liquidated damages, on doing a certain specified act, as 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. liability of, on servant's warranty, 217. LIVINGS, charges on benefices, illegal, 725, 726. in case of bailment-(See Bailees), 474, 475. LOAN ON A RISK, when not usurious, 704. LODGINGS, parol agreement to take, not perfected by entry, void, 320, 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. MANUFACTURE.-(See Sale of Goods). goods in course of, when property in, passes to vendee, 379 to 383, 393. MARK, signature to agreement, &c. by, sufficient, 72. MARKET, assumpsit for stallage without showing contract, 372, note (ƒ). MARRIAGE. (Se Husband and Wife, Separation, Deed). no action by executor of promisee for breach of promise, 98. 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 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 excessive damages in action for not marrying, 875, note (e). marriage settlement, when fraudulent against creditors, 410, note (n). MARRIAGE BROCAGE, illegal, 672. MARRY, PROMISE TO-(See Marriage), 536. MASTER AND SERVANT.-(See Principal and Agent). 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. 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. hiring for life, 579. of servant's misconduct, what warrants discharge without warning, and set-off against wages, 841. MASTER AND SERVANT-continued. when wages presumed to be paid, 581, 749. 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 implied duty of, 553, 554. MEMBER OF JOINT STOCK COMPANY, no authority to accept bills 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 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. 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. 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 general equitable nature of the count, and form of it, 601, 602. assignee of a licence of mortgaged premises cannot sue if fresh licence lies only in general where money has been received; exceptions if must show specific title to particular sum; judgment creditor having in general defendant must originally have received the money for liability may exist though no money received by defendant, 605, 606. |