AN

INDEX

ΤΟ

THE PRINCIPAL MATTERS.

ABANDONMENT:

of contract, 875, 6, 7.

assured may elect to abandon, 976.

A.

what loss is necessary to justify, 977.

notice of, must be given in reasonable time, 978.

when there may be a total loss without an abandonment, ib.

one jointly interested with others may give notice for all, 980.
not necessary in case of total loss, 978.

ABATEMENT:

for non-joinder, stat. 3 & 4 Will. IV. c. 42, s. 8, 128.

of coverture, not within stat., ib.

of nuisance, by commoner, 476.

ABSENCE:

for seven years together affords presumption of death, 751.
ABSENTING:

otherwise absenting himself, when an act of bankruptcy, 233, 4, 5.
ABSTRACT:

vendor must be prepared to verify, 202, 3.

ACCEPTANCE OF BILLS OF EXCHANGE. See BILL OF EXCHANGE.

if drawn by third party not evidence of account stated, 115.

nature of, 380.

presentment for, 379.

qualified, conditional, 379, 380.

supra protest, 382.

of all bills must be in writing, 380.

ACCEPTANCE OF CHARTER:

cannot be partial, 1184.

ACCEPTANCE OF GOODS:

what sufficient, within Statute of Frauds, 862-8.

ACCEPTOR OF BILL OF EXCHANGE:

acceptor paying bonâ fide indorsee of a forged bill, indorsee may retain the

money, 104.

liability of, 339.

VOL. II.

3 A*

ACCEPTOR OF BILL OF EXCHANGE-continued.

is considered as principal debtor, 324t, 399.

effect of entering into composition with, 409.
evidence in action against, 418.

ACCESS:

what is considered as such, 748, 9.

non-access must be proved by other testimony than wife's, 749.
ACCIDENT:

where no excuse for trespass, 1302.

coach-owner not liable for inevitable, 446.

from negligence, 1132.

ACCOMMODATION BILL:

where no effects, notice to drawer of dishonour unnecessary, 405.
as to discharge from, in bankruptcy, 324n, 3240.

ACCORD AND SATISFACTION. See ASSUMPSIT.

plea of, in assumpsit, 133.

with mutual promises good without performance, 134.

creditor agreeing to accept less than just debt not bound, 137.
except against a surety on faith of such agreement, ib.

plea of, in covenant, 554.

whether accord before day of payment can be pleaded to debt on bond, 580.
payment of part, and promise to pay residue, cannot be pleaded in satisfac-
tion to debt on bond, ib.

payment of less sum before the day may be pleaded, 581.

plea of, in trespass, 1309.

ACCOUNT:

action of, at common law, 1.

must be either privity in deed or in law, ib.

since stat. 4 Ann. c. 16, 2.

how to declare on, ib.

bailiff at common law answerable for what he ought to have made, ib.

by statute, for actual receipts only, 3.

on a running account between merchant and broker, ib.

by executors, administrators, and executors of executors, ib.

against executors, &c. of guardian, bailiff or receiver, ib.

lies not against infant, ib.

nor by executor against co-executor, ib.

plea in, 4.

evidence on ne unques receiver, ib.

defendant cannot pay into court, ib.

limitation of time for action, ib.

judgment quod computet, form of, 5, n.

interlocutory only, 5.

proceedings thereon, ib.

auditors, their power by stat. 4 Ann. c. 16, ib.

proceeding in default of bail, ib.

rules for pleading before auditors, 5, 6.

final judgment, form of, 6.

writ of error lies on this judgment only, ib.

execution, ib.

bills of exchange are not within the exception in the Statute of Limitations
as to merchants' accounts, 357.

ACCOUNTANT IN BANKRUPTCY:

present duties of, 217.

office of, abolished, ib.

ACCOUNT STATED:

assumpsit on, 112.

evidence upon count on, 112-5.

debt deficient in legal proof may be established on account stated, if defendant
has had benefit of contract, 115.

infant not liable on, 144.

ACKNOWLEDGMENT:

of debt, what sufficient to take case out of Statute of Limitations, 155.

ACT BOOK:

when proof of persons being executors, 800.

ACT OF BANKRUPTCY. See BANKRUPT.

in general, 226, 227, 230.

must be committed within 12 months of petition, 227.
in England or Wales, ib.

during existence of petitioning creditor's debt, 227, 230.
during trading or after it has ceased, 230.

once committed, cannot be purged, 227.

with intent to delay creditors, 227, 231, 237, 241, 242, 243.

intent to delay sufficient, 227, 231, 232, 234, 235.

intent a question for a jury, 232.

where intent inchoate only, 233.

if transaction amounts to, not protected by 12 & 13 Vict. c. 106, s. 133,
303.

notice of, what amounts to, 305–307.

to whom to be given in case of executions, 306.

to agent of corporate body, 307.

to head bank, ib.

immaterial, if property in hands of bankrupt for special purpose, 305.
intention to commit, or inception of, only, not sufficient, 306.

composition deed may be, 324 kk.

ACTS OF BANKRUPTCY:

In case of non-traders:

departing or remaining abroad, 227.

fraudulent transfer of property, ib.

lying in or escaping out of prison, 228.

filing declaration of insolvency, ib.

petition for adjudication, 229.

adjudication of bankruptcy or insolvency in British possessions abroad, ib.
non-payment after judgment debtor summons, ib.

In case of traders:-

departing or remaining abroad, 231.

departure from dwelling-house, ib.

otherwise absenting himself, 233–235.

beginning to keep house, 235.

usual evidence of, by denial to creditors, 236, 237.

personal arrest, 238.

yielding himself to prison, ib.

outlawry, ib.

procuring arrest of person or execution of goods, ib.

suffering execution for demand exceeding 50l., ib.

fraudulent transfer of real or personal property, 239–248.

of whole property for past consideration, 241, 243.
though there be resulting trust, 241.

where consideration partly past debt, and partly present advance,

242.

ACTS OF BANKRUPTCY-continued.

fraudulent transfer of real or personal property-continued.
where effect of is to produce insolvency, 242.

where transfer is for distribution among creditors, 243, 244.
where consideration for transfer is present, 245.

to obtain advances to carry on trade, 247.

where giving promissory notes is consideration for transfer, ib.
where part of property only transferred, ib.
transfer must be to some person, 251.

not void against future creditors, ib.

lying in prison for fourteen days, ib.

no relation to time of arrest, 252n., 253.

imprisonment must be continuous and for legal debt, 253.
when act complete, ib.

trading must be before imprisonment, 254.

escaping out of custody, ib.

act relates to time of arrest, ib.

filing declaration of insolvency, ib.

petition for adjudication, 255.

no relation back to former act of bankruptcy, ib.

paying money to petitioning creditor, ib.

non-payment after judgment debtor summons, ib.

adjudication of bankruptcy or insolvency in British possessions abroad,

256.

non-appearance or refusal to admit debt after summons, ib.

non-payment after appearance and admission, 258.

non-payment of residue after admission of part, 259.

ACTION ON THE CASE:

trespass or case for false imprisonment, 924.

ACTION, NOTICE OF. See OFFICER.

ADJUDICATION OF BANKRUPTCY. See BANKRUPTCY.

de bonis non, 771.

limited or temporary, 772.

evidence of, 799.

effect of pleading Statute of Limitations as to, 797.

ADMINISTRATOR. See EXECUTOR.

action does not abate by death of plaintiff, administrator may continue,

161.

bound, though not named, 767.

interest of, in property of intestate, ib.

what he may do before probate, ib., 770.

each administrator has entire control of personal estate of testator, semble, ib.

property of deceased vests in, at what time, 769.

his title, however, relates back to death, 770.

cannot distrain before administration, ib.

de bonis non, what, 770, 1.

actions by, 784.

against, 789.

plea by, 794.

ADMIRALTY :

effect of sentences in a court of, 1012.
seamen may sue in, for wages, 1247.

ADMISSION:

of deceased persons in ejectment, 741.

when party estopped from disputing execution of deed, 742.

ADMITTANCE:

mandamus lies to admit copyholder, 1092.

ADULTERY:

action for, now abolished, 7.

petition for divorce, or judicial separation, may claim damages, 8, n., 25.
what conduct in the husband will bar his right, 8 & n., 9 & n.

when husband and wife live apart, 9, 10.

wife made co-respondent, 10.

co-respondent may be dismissed from suit by court, if evidence insufficient,

23.

actual marriage must be proved. See MARRIAGE.

proofs of adultery, 22, 3.

what circumstances go in mitigation of damages, 9, 24.

what circumstances operate in aggravation, 23, 4.

new trial, in what cases granted, 24, 5.

costs, 25.

ADVERSE POSSESSION:

doctrine of, in effect, abolished, 731.
apparent exception, 731, n.

ADVOWSON:

in fee, purchase of, when not simony, 592.
ejectment will not lie for, 705.

AGENT. See FACTOR, BROKER, PRINCIPAL.

payment to, 108.

where action must be brought against, and where against principal, 109.
obtaining money illegally, cannot discharge himself by paying it over, ib.
cannot set up jus tertii against principal, 111.

cannot be converted into trustee by notice, ib.

possession of, is possession of principal, ib.

tender to, where good, 160.

notice to principal, notice to agent, and vice versa, 815.

principal is civilly responsible for acts of, ib.

authorised to act in usual way of business only, 807.

drawing or acceptance of bills by, 362.

who is deemed such within Statute of Frauds, 871.
under sect. 1, must be appointed by writing, 829.
secus under sects. 4 & 17, 873.