Page images
PDF
EPUB

RIGHTS AND WRONGS — (continued).
debtors and creditors generally, 181.
shipowners and charterers, 194.
insurers and insured, 205.

bailors and bailees generally, 227.
executors and administrators, 231.

3. Relations of life in respect of employment, 234.
masters, servants, workmen, and apprentices, 234.
principals and agents, 242.

carriers, passengers, and owners of luggage, 253.
innkeepers and guests, 260.

lodging-house keepers and lodgers, 262.

IV. Enforcement of private rights, and redress of and pro-
tection from private wrongs.

preliminary remarks, 264.
damnum absque injuriâ, 264.
damnum defined, 264.
injuria defined, 264.

injuria sine damno, 264.

division of rights and wrongs into those founded on
contract, and those independent of contract, 265.
transactions which have a contractive, a tortious,
and a criminal aspect, 265.

responsibility for consequences of tort, 266.

1. Prevention of wrong by a mere personal act, 267.
defence, 267.

stoppage in transitu, 267.

2. Redress by the act of the parties, 268.

(1) redress by act of the injured party, 268.
recaption, 268.

entry, 269.

abatement of nuisances, 269.

excessive exercise of a limited right, 270.

distress for rent, 270.

distress for damage feasant, 270.

seizing of heriots and things lying in franchise, 272.

(2) redress by the joint act of the parties, 272.
accord and satisfaction, 272.

arbitration, 273.

3. Redress by the operation of law, 274.

retainer, 275.

remitter, 275.

RIGHTS AND WRONGS-(continued).

4. Redress and protection by the Courts, 276. See

RULES,

ACTION.

enumeration and classification of the different
courts, 276.

courts to the interposition of which the foregoing
pages are confined, 278.

by action, 279.

by other proceedings, 304.

operating as judgments, 184.

SALE. See VENDORS AND PURCHASERS.
contracts for, 35, 36.

SALVAGE, 201.

SATISFACTION,

accord and, 272.

of a bill or note, 175.
SCIRE FACIAS, 286.
SEAWORTHINESS, 221.

SEDUCTION,
action for, 239.

SEPARATION,
judicial, 79, 84.
by consent, 87.

SEQUESTRATION, 341.

SET-OFF, 193.

SEWER,

unguarded, 7.

SHAFTS,

unguarded, 7.

SHIPOWNERS AND CHARTERERS.

registration, 194.

shares in a ship and number of registered share-
holders, 194.

mode of transfer, 195.

certificate of sale, 195.

mortgages, 195.

certificate of mortgage, 196

U

SHIPOWNERS AND CHARTERERS (continued).

transmission of mortgage, 196.

discharge of mortgage, 196.
charter-party, 196.
freight, 197.

shipper, charterer, freighter, owner, 197.
demurrage, 197.

conveyance in a general ship, 198.

bill of lading, 198.

power to hypothecate, or sell the ship, 200.
responsibility of shipowner, 200.

charges payable by merchant or consignee, 201.
salvage, 201.

general average, 202.

bottomry, 202.

respondentia,

interest, 204.

203.

effect of hypothecation, 204.

order of payment of loans, 204.

SHOPMAN,

authority of, to receive money, 245.

SLANDER. See LIBEL.

scandalum magnatum, 21.

vituperation, 21.

when the circumstances rebut presumption of malice, 22.
truth of the charge, 22.

imputation of heresy, adultery, or unchastity, 22.

words actionable on account of some special damage, 22.
imputation of a contagious disease, 22.

words injurious to a man in his profession or business, 22.
repetition of a slander, 23.

slanderous imputation in answer to enquiry, 24.

malice in ordinary cases, and in the case of privileged
communications, 24.

communications made in prosecution of crime, 24.
liberty of counsel, 24.

liberty of judges and magistrates, 25.

interpretation of slanderous expressions, 25.
slander of title, 25.

damages, 26.

SOLICITOR,
duty of, 252.

STAMP,

on bill, draft, or order, to be defaced, 173.
on receipts, 188.

presumption as to, 398.

STATUTES, 181.

STOLEN GOODS,

sale of, 115-17.

[blocks in formation]

TORTS-(continued).

disproportionate injury in return, 5.
injuries from nuisances, 6-8.

injuries from negligence or carelessness, 8.
injuries from furious or careless driving, 8.
duty of persons driving and walking, 8.
injuries to the health, 6, 9, 57.

action by personal representative of a person killed by
a tort, 9.

II. Injuries affecting corporal liberty.
corporal liberty defined, 10.
how violated, 10.

in what wrongful or false imprisonment consists, 10.
authority of a justice of the peace to arrest, 11.
where a constable may arrest without warrant, 11.
where a private person may arrest without warrant, 12.
arrest of a person about to leave England to avoid a
demand, 14.

confining a person of unsound mind, 15.
amount of damages, 15.

III. Injuries to character and reputation, 16.
IV. Malicious prosecution, 27.

V. Injuries affecting proprietary rights, 54.
1. in real property, 54.

ouster, 54.

abatement, 54.

intrusion, 54.

disseisin, 54.

deforcement, 55.

trespass, 55.

nuisances, 56.

waste, 60.

subtraction, 65.

disturbance, 65.

2. in personal property, 67.

deprivation of possession, 67.
damage, 67.

wrongful taking, 67.

wrongful detainer, 67.

using another's trade marks, 67.

TRADE MARKS,

using another's, 67.

implied warranty as to, 122.

« EelmineJätka »