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LIMITATION OF ACTIONS, 101-104

LIMITED COMPANY's memorandum of association, 27

LIQUIDATED DAMAGES, proof for, 9

LIQUIDATION, discharge under, its effect as regards after-acquired pro-
perty, 10

LIS PENDENS, 237

LOCKE KING'S ACT (17 & 18 Vict. c. 113), 127

Loss, constructive total, 119

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OF GOODS, effect upon assignment of assurance, 117

LUNATIC, vendor becoming, after conveyance defectively drawn and
executed, 234

MACHINE, contract to supply a, 42

MAINTENANCE of infants, 104

MANDAMUS, writ of, 176

MANSLAUGHTER in French waters, 381

MARINE ASSURANCE, assignment of, 117

MARITIME LIEN, 300, 308

MARKET overt, purchase in, 240

MARRIAGE ARTICLES differing from settlement, 342

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effect on a will, 243

GIFTS precedent and subsequent in respect of, 38
over on second, 38

restraint of, 375

SETTLEMENT, 342

when a part performance or contract, 210

MARRIED WOMAN as one of selling trustees, 233

as witness, 296

a tenant for life, 199

coercion of, 251

election of, 56

limitation to, as if intestate and unmarried, 376

reversionary interest of, 376

MARRIED WOMAN'S liability as contributory of a company, 36

Property Act, 1882,...66, 79, 141, 259, 339, 376.
And see TABLE OF STATUTES.

power to dispose of realty when husband an in-
fant, 73

responsibility for fraud, 62, 70

MARRIED WOMAN'S will, 247, 280-281

WOMEN, 66-71

MARSHALLING, 4, 126, 344

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ASSETS in favour of charities, when done, 23

MASTER AND SERVANT, 105-109

OF SHIP's liability for negligent stowage, 111

MASTER'S AUTHORITY to pledge ship, 305

MATRIMONIAL Causes Act, 1878,...381

MAXIMS, 109, 128, 210

MEASURE OF DAMAGES on breach of contract, 42, 48

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MEMBER OF UNLIMITED COMPANY who has sold his shares, 37

MEMORANDUM OF ASSOCIATION, alteration of, 27

MERCANTILE Agents, 182

LAW, 111

MESNE PROFITS, judgment for, as well as the land, 177

MINING LEASE, 88

MISFORTUNE, effect on a crime, 251

MISREPRESENTATION, 119–122

MISTAKE IN CONTRACT, when specific performance decreed, 211
maxim as to, 210

MISTAKEN Over-payment, effect of, 183

MISTAKES in settlement, 342

MONEY PAID INTO COURT, how to keep it there, 168

"MONEY," meaning of, in a will, 248

MONITION to remove church ornaments, 318

MORTGAGE by a married woman of her property, 69

by tenant for life, how power affected, 202
exercising power so as to raise a, 159

MORTGAGEE, when a trustee for mortgagor, 225

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of shares of a company, 36

joining to release dower, 54

MORTGAGEE'S RIGHTS against mortgagor's tenant, 123

MORTGAGES, 122–130, 305

of ship and freight, 305

MORTMAIN ACTs, effect on bequests, 21

MUTUALITY, how far necessary, 211

NECESSARIES, when they give a lien, 300

NECESSITY, when an excuse for criminal misconduct, 259
NEGLIGENCE, 130–133

of a cab driver, 105

NEGOTIABILITY of promissory note, 354
NEIGHBOURING PROPRIETORS, 133-135

NEW TRUSTEES, appointment of, 218

"NEXT OF KIN" and "next of kin according to statute," meaning of,
50, 51

66

of married woman under the statute as if she had died
intestate and unmarried," meaning of, 158

NON-ACCEPTANCE of rice contracted for, measure of damages, 49
NON-DELIVERY OF CARGO, action for, 114

NOTICE, 135

OF TRIAL of an action, 165

of Dishonour of a bill, 17

NOVATION distinguished from Clayton's case, 7
NUISANCE, 136

NULLIUS FILIUS, will of testator who is a, 245

ORDER and disposition, assignment of policy, 13--14
FOR ADMINISTRATION, contents of, 171

OF ATTACHMENT of claims against a ship, 308

to assign leaseholds vested in tenant for life as trustee, 171–172

ORDERS, INTERLOCUTORY, what are, 175

ORNAMENTS, removal of, in a church, 318

OUTLINE OF AN ACTION, 162

OVER-PAYMENT between brokers by mistake, 183

OWN PROPERTY if settled till bankruptcy void, 205

PARDON in criminal cases as a defence, 267

PATENT RIGHTS, 148

PARTICIPATING POLICY-HOLDERS liable as contributories, when, 143
PARTICULAR and general average, 117

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POWERS of appointment, 151

PARTIES to administration action (partners), 144

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PARTITION DEed, 141

PARTNERS, when survivor of, deemed a trustee, 226

PARTNERSHIP, 142-148

DISSOLUTION, 345-346

equitable lien on dissolution of, 100

winding-up of insolvent, 378

PAST MEMBERS of a company, liability of, 36

PAYMENTS, appropriation of, 6, 354

PAYMENT of balance of debt after close of bankruptcy, 11

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of shares of limited company, 31, 32

into Court, 99, 168

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PERSONAL ESTATE bequeathed to be enjoyed in succession, 97
PENALTIES AND Forfeitures, 149

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in money, summary powers of, 381

PENALTY, proof in respect of, under a bankruptcy, 9

PERPETUITIES, rule against, when powers come within, 151, 157
PERSONALTY, LEGACIES payable out of, 92

reversionary interest of married women in, 74

PETITION of right, 378

PEWS in a church, 314

PILOTAGE, compulsory, 302

PILOT, when owner liable for negligence of, 382

PLEAS in criminal cases, 266

POLICY-HOLDERS, how far partners, 142

POSSESSIO FRATRIS, doctrine of, and its object, 83

POSSESSION, action to recover, if maintainable after disclaimer of lease,

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OF SHIP, action for, 306-307

POSSIBILITY, a bare, 213

POTATOES, Contract for sale of crop of, 41

POWER in the nature of a trust, 150, 225
distinguished from an estate, 213

OF APPOINTMENT, 332

will exercised under, 363

POWERS, 150, 162

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OF APPOINTMENT makes property subject thereto, liable for

debts, 3

POWER OF REVOCATION in settlement, 204

SALE by tenant for life, 324

effect of mortgage upon, 202

to pay debts, when implied, 334

TO REVOKE, uses of settlement, 375
PRACTICE of the Supreme Court, 162, 178
PRELIMINARY ACT, 367

PRESCRIPTION, 178-181

ACT, 1832,...179

PRESCRIPTIVE RIGHT to a profit à prendre, 79

PRINCIPAL AND AGENT, 182-186, 349, 379

how far partners regarded as, towards each other,

142

SURETY, 186-188

PRIORITY of creditor by judgment against executor, 345
PRIVATE AND PUBLIC nuisances, 137

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CONTRACT, sale by trustees by, 216

PRIVY COUNCIL, doctrines laid down in ecclesiastical cases, 311
PROBATE, 277-287

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OF WILL of person domiciled abroad, 278

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PROCEDENDO, WRIT OF, 178

PROFIT à prendre, 79

PROMISE to answer for debt, default, &c., of another, 64, 65

PROMISSORY NOTE, 354

payable on demand, when interest due thereon, 102
NOTES and bills of exchange, 17

bequeathed for separate use, 227

PROMOTER of public company, 378

PROPRIETORS, neighbouring, 133

PROOF against assets of company since Judicature Acts, 35

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for penalty or liquidated damages, 9

in case of bankruptcy on accommodation bill, 17

of debt payable on contingency, 15

of wife of bankrupt for annuity secured by a separation deed, 198
on bankruptcy of drawer, acceptor, or indorser of bill or note, 17
PROPERTY in a ship when it passes under a contract to builder, 44
PROTECTOR of a settlement, 57

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