WAYS-continued.

public right of way; how pleaded, 999.

limited dedication of highway; qualified right, &c., 999.
public highway may cease to be such, 999.

no estoppel by previous judgment against plaintiff on indictment
for obstructing, 999.

defences justifying removal of obstructions from public highway
or from public navigable river, 990, 999.

effect of joinder of issue on defences of right of way, 1000, 1001.
in what cases plaintiff should amend claim or reply specially under
r. 6 of O. XXIII, 565, 995, 1000.

effect of leave and licence, unity of ownership, &c., 1001.

WHARFINGER, 113. See BAILMENTS.

WIFE. See HUSBAND AND WIFE.

WITHDRAWAL OF CLAIMS, DEFENCES, &c. See DISCON-

TINUANCE.

WITNESS,

statement of claim against a witness for not attending in pursuance of a
subpœna, 542.

defence to the above action, that the testimony of the defendant was not
material, 1002.

remedies against witness for not attending on subpoena, 542, 543.
remedy by action for damages; actual damage must be shown, 543.
damages for costs occasioned by the non-attendance, 543.

defences,

defence that the evidence was not material, that no sufficient tender for
expenses, &c., 1002.

conduct money, when recoverable back, 543.

privilege of witness as to defamatory statements, 879, 880, 882.
privilege from arrest, 461.

WORK,

statements of claim:

for work done and materials provided, 365.

by a servant against a master for salary or wages due, 286.

by an agent for remuneration for work done, 87.

the like, by an auctioneer, 110.

by a broker, for commission, &c., 166.

by a carrier, for the carriage of goods, 170.

the like, by a railway company, 174.

by a medical practitioner, for medical attendance, &c., 288.

by a solicitor for work done, &c., 352.

against a workman, for using bad materials and workmanship, 367.
against a coachmaker, for not using reasonable care and skill in repairing
a carriage, 367.

by a master against workmen or others for wrongfully procuring his
servants to break their contracts with him, or for illegally con-
spiring to hinder the master's customers from dealing with him, 544.
defences, &c. :

defence to an action for work done, &c., denying the request, 851.
defence to a like action, that the alleged work was not done, 851.
defence to a like action, that the work was done so negligently and
improperly as to be of no value, 851.

connterclaim for damages for using inferior materials and not completing
the work according to contract, 852.

WORK-continued.

defence that payment was only to be made on the certificate of the
architect, and that he had not certified, 852.

defence that extras were only to be paid for if ordered by the architect
in writing, and that the claim is for extras not so ordered, 852.
defence and counterclaim to an action for work and materials, 853.
reply to the preceding defence and counterclaim, 854.

set-off of liquidated damages due under a building contract, 833.
claims for work done, &c., when applicable and how pleaded, 365.
claim for materials; when recoverable as goods sold, 365.
ordinary contracts for work and materials, not within s. 4 of the
Sale of Goods Act, 1893..365.

work done under special contract, but not according to its terms;
right to reject; what amounts to acceptance, 365, 366.
where remuneration contingent on completion, no claim for part-
performance, unless completion is prevented by the employer, 366.
effect of revocation of employment before completion, 366.
architect's certificate, when a condition precedent, 366.

action where certificate withheld by wrongful collusion of employer *
and architect, 366.

implied contract by trader or artificer to use reasonable skill, 367.
no claim for work, where useless from want of proper skill or care,
367.

implied contract for reasonable price, where no price fixed, 851.
negligence and inferiority of work; when a defence pro tanto, 851,
852.

counterclaim on that ground, where express contract as to price,
851, 852.

stipulation in building contracts that no payment for extras unless
ordered in writing, 852.

stipulation for liquidated damages for delay; in what cases a
defence that the delay was caused by acts or defaults of the
employer, 853.

WORKMEN,

injunction to restrain illegal acts of, 447.

WRIT. See PROCESS; SHERIFF; WRIT OF SUMMONS.

WRIT OF SUMMONS,

special indorsement, 77. See SPECIAL INDORSEMENTS.

general indorsement; may be altered, modified or extended by
statement of claim subsequently delivered, 57.

defence, how pleaded, where writ generally indorsed, and no
statement of claim delivered or required, 549.

renewal of writ, 771.

WRITING. See AGREEMENTS; DEED; DOCUMENTS; FRAUDS, STATUTE
OF; LIMITATION, STATUTES OF, &c.

WRONGS,

mode of pleading statements of claim in actions for wrongs, 50,
51; and see STATEMENTS OF CLAIM.

mode of pleading denials of acts, &c., complained of in actions
for wrongs, 855, 856.

distinction between actions for wrongs and actions on contracts,
3, 168.

effect as to costs under the County Courts Acts, &c., 3, 168.

THE END.

PRINTED BY C. F. ROWORTH, GREAT NEW STREET, FETTER LANE, E.C.