CRIMINAL PROCEDURE-continued.

evidence of intention to extort money. R. v. Menage, 310.

conversation between prisoner and his mother. R. v. Welsh, 275.

evidence of wife of one prisoner against another. R. v. Thompson, 824.

DAMAGES, measure of, in trespass. Walker v. Sheerman, 259.
contract to pay money by instalments and bills. Morley v. Baker, 146.

for detention of chattel. Dimsdale v. London and Brighton Railway Company, 167.
for nondelivery of goods. Elliot v. Hughes, 387.

for shares. Dantra v. Stiebel, 951.

DAYS, computation of, on demurrage, &c. Bremner v. Dando, 231; Turner v.
Barlow, 950.

DEBTOR AND CREDITOR, deposit of bill for specific advance or on general ac-
count. Ker v. Bullard, 438.

pledge, losing or disposing of, loss of lien. Cooke v. Haddon, 229.

DEED, forgery of. Roupell v. Haws, 784; Painter v. Abel, 518; Richardson v.
Neaves, 815.

DEMURRAGE, action for defence to.

Bremner v. Dando, 231.

lien of shipowner for. Perez v. Alsop, 188.

EJECTMENT, landlord and tenant; half-year's rent and no distress. Hammond v.
Mather, 151.

for forfeiture, interrogatories not allowed in. Blyth v. L'Estrange, 154.

by heir against person claiming under forged deed. Roupell v. Waite, 511.
right to begin. Ibid.

sufficiency of secondary evidence. Ibid. (And see Roupell v. Haws, 784.)

EVIDENCE, oral, in criminal cases, disclosure of communications to police. R. v.
Richardson, 693. (Et vide Criminal Procedure.)

to explain written contract. Meyer v. Barnett, 696.

admissibility of evidence as to previous matters; former attempts to poison, &c.
R. v. Garner, 681; R. v. Cobden, 833.

other forgeries in course of same transaction. Roupell v. Haws, 784.

admissibility of depositions on behalf of party in suit in Chancery. Paget v. Birk-
beck, 687.

written; secondary. Quilter v. Jorss, 644.

copy probate of a will admissible without being stamped with the seal of the Court
under the 20 & 21 Vict. c. 77, s. 64. The stamp of the seal of the Court is re-
quired for a copy only. Rippon v. Priest, 644.

of intention; other letters of prisoner. R. v. Menage, 310.

of former acts of similar nature. R. v. Garner, 681; R. v. Salt, 834; Roupell
v. Haws, 784.

admissibility of deed relating to same property. Brownserd v. Harris, 853.

EXTORTION, indictment for; evidence. R. v. Menage, 310.

FALSE IMPRISONMENT: justification; disturbance. Jordan v. Gibbon, 607;
Hudson v. Slade, 390. (And see all the cases collected in a note, p. 609.)
justification of, on ground of arrest on criminal charge; not sustainable if no felony.
Brittain v. Bank of London, 465.

FALSE PRETENCES: obtaining
tain v. Bank of London, 465.

money by means of, no right to arrest for. Brit-
(And see note.)

FORGERY: forging and uttering indorsement on cheque, evidence of fraudulent in-
tent. R. v. Wardell, 82.

evidence of other cases of. R. v. Salt, 834; Roupell v. Haws, 784.

set up in civil suit. Roupell v. Huws, 784; Richardson v. Neaves, 815; Painter v.
Abel, 518.

what is not so; altering handwriting so as to make the document appear forged.
Brittain v. Bank of London, 465.

evidence to negative silence of prosecutor. R. v. Smith, 504.

GAME, right to arrest upon suspicion of taking. R. v. Spencer, 854, 857.

GAMEKEEPER, shooting, in resistance of lawful apprehension. R. v. Luck, 483.
GOODS, contract for sale of validity of; Statute of Frauds; acceptance. Bowes v.
Pontifex, 740; Cawthra v. Billiat, 850.

variance of brokers' notes. Fisenden v. Levy, 477.

warranty of; breach of; reduction in price; defence to action for price. Bowes v.
Pontifex, 740; Taylor v. Dalton, 263; Schweir v. Thorns, 243.

damages for breach of contract to sell. Elliot v. Hughes, 387.

for breach of contract to ship. Escombe v. Jarvis, 435.

trespass for removing; damages. Walker v. Sheerman, 259.

HIGHWAY, indictment for obstruction to; civil or criminal proceedings. R. v. Paget,
29. (And see note on subject, pp. 28, 29.)

nuisance to, what is; rendering use of less commodious or convenient; dread of
danger. R. v. Train, 22.

obstruction of by telegraph posts. R. v. United Kingdom Telegraph Company,

73.

HUSBAND AND WIFE, liability of husband for necessaries when living apart from
wife; agreement. Collier v. Brown, 67.

parties living together as, liability of man; woman allowed to deal with goods as her
own. Jones v. Green, 241.

estoppel as against creditors. Ibid.

injury to wife; joinder of causes of action. Morley v. Midland Railway Company,
961.

Lovatt v. Tribe, 9.

R. v. Townley, 839.
Hall v. Semple, 340.

INSANITY, defence to action on contract.
medical evidence as to. Ibid.
certificates of, as to. Ibid. Moss v. Tribe, 297.
defence of, in cases of murder. R. v. Burton, 772;
medical certificates of, under the statute; action for.
temporary, arising from delirium tremens. Scott v. Wakem, 336.
liability of medical men for restraints imposed in such cases.
Fraser, 859.

INSPECTION of books of account. Fergusson v. Coombes, 87.

Ibid.; Symm v.

of agreement or other document, not the title of the applicant. Edwards v. Bond,
100.

of real or personal property, by jury, party, and witnesses; right of party to, coupled
with production at trial and evidence before jury. Meyer v. Barnett, 702. (And
see note, Ibid. See also Line v. Taylor, 731, and note.)

INSURANCE, MARINE, implied warranty of seaworthiness; flat-bottomed boats
built for river navigation, rendered relatively seaworthy. Clapham v. Langton,
626; Bouillon et Compagnie v. Lupton, 726.

warranty to sail at a certain time; deviation; excuse for sailing later; commence-
ment of voyage, what is. Ibid.

on ships, &c.; constructive loss; abandonment. Lindsay v. Leathley, 902; Jardine
v. Leathley, 80.

iron steamer with plates, said to have been started, requiring repairs. Lindsay v.
Leathley, 902.

loss by perils of seas; injuries below water line. Harrison v. Universal Murine
Insurance Company, 190.

INSURANCE, on life; answers to inquiries. Fowkes v. Manchester and London Life
Insurance Company, 440.

INTERPLEADER, claim by third party, adverse to employer. Best v. Heyes, 113.
estoppel in, as against creditors. Jones v. Green, 241.

INTERROGATORIES, when allowed; not against defendant in ejectment on a for-
feiture. Blythe v. L'Estrange, 154.

against clerk to commissioners as nominal defendant.
not in support of the case of the applicant, disallowed.

Mason v. Wythe, 153.
Tamvaco v. Lucas, 110.

JOINDER of causes of action; husband and wife; injury to wife. Morley v. Mid-
land Railway Company, 961.

JOINT liability in trespass. Paget v. Birkbeck, 683; Sowerby v. Wadsworth, 734.
JURY, trial by; procedure; knowledge of jury as to matters of business; recourse to,
either in absence of evidence, or to test its truth.
(And see cases collected in notis. Ibid.)

as to duty of bankers. Foster v. Bank of London, 217.
as to duty of brokers. Bradley v. Goddard, 638.
misconduct of, in acting on the law as to costs.
note as to, p. 72.)

Schweitzer v.

Long, 687.

Poole v. Whitcombe, 70. (See

R. v.

R. v. Smith, 123.
Marsh, 523.

LARCENY, evidence of possession not accounted for.
taking with intent to steal, evidence of. R. v. Hore, 315.
bailee; member of benefit club; embezzlement.
LEAVE AND LICENCE, plea of. Symm v. Fraser, 859.

Watts v. Ainsworth, 12.

LETTERS, contract contained in; Statute of Frauds.
written proposal orally accepted. Laing v. Smith, 97.
proof of warranty by. Stuckey v. Bailey, 1.
unanswered, admissibility of. Gore v. Hawsey, 509.
use of, in criminal case; on indictment for extortion; inspection and production of,
before and at trial. R. v. Colucci, 103.

LIBEL: privilege; right of free discussion; a public writer is not privileged merely
because he writes with honesty. Campbell v. Spottiswoode, 421. (And see note.)
but within the scope of fair discussion a public writer is not liable, unless he
writes recklessly. Morrison v. Belcher, 614. (And see cases collected and com-
mented on in notis.)

discussion of conduct and character of public man. Seymour v. Butterworth, 384.
publication not privileged in a private matter; dealings of a trader. Behrens v.
Allen, 135.

LIBEL-continued.

publication privileged, fair answer to plaintiff's charges. Kanig v. Ritchie, 413.
justification; charge of falsehood, &c. Ibid.

justification in charge of felony. Roberts v. Richards, 507.

LIEN, of wharfinger on salvage. Grant v. Humphrey, 162.

of railway company for charges, not for warehouse room of article detained as lien.
Dimsdale v. London and Brighton Railway Company, 117.
of shipowner for freight, or demurrage. Perez v. Alsop, 188.
loss of, by losing or disposing of article. Cooke v. Hadden, 229.

LIMITATIONS: part payment on account by principal. Hartland v. Jukes, 149.
by co-surety. Cockerell v. Sparkes, 150.

LOAN OF MONEY, employment to obtain; liability for commission.
Reed, 226; Thompson v. Clark, 181; Mason v. Clifton, 899.

Green v.

MALICIOUS INJURY TO PROPERTY, what is. R. v. Brown, 821.
MANSLAUGHTER, accelerating death of person already diseased. R. v. Murton,

492.

shooting gamekeeper in resisting lawful apprehension. R. v. Luck, 483.

MARRIED WOMAN, action against; setting aside writ as irregular. Hiscock v.
Hollings, 95; Wilson v. Hollings, 96.

liability of, on contracts; evidence of marriage. Hamblin v. Shelton, 133.
injury to; joinder of in action. Morley v. Midland Railway Company, 961.
deposition of; admissibility of. R. v. Croucher, 285.

MASTER AND SERVANT, liability of master to action for wages on dismissal.
Cook v. Sherwood, 729.

action for wrongful dismissal; justification; misconduct. Smith v. Allen, 157.
liability of master or employer for injury to servant in course of employ; knowledge
of danger by employer or servant. Ogden v. Rummens, 751.

use of dangerous machinery by young person. Grizzle v. Frost, 622.
injury arising from common negligence of persons in different employments. Fletcher
v. Peto, 369; Woodward v. Peto, 389; Smith v. Dowell, 238.

MEAT, sale of, knowing it to be diseased, indictments for and evidence on.
Crawley, 109; R. v. Jarvis, 108.

MEDICAL MEN, liability of, to action for negligence. Rich v. Pierpont, 35.
for improperly signing certificate of insanity. Hall v. Semple, 337.

R. v.

for putting patients under bodily restraint in cases of delirium tremens. Scott v.
Wakem, 328; Symm v. Fraser, 859.

MONEY had and received, what is. Kahnweiler v. Dobson, 309.

MURDER : constructive; by means of arson. R. v. Horsey, 287. (And see note,
p. 288.)

defence of insanity in.
on the case, p. 253.)

839.

R. v. Vyse, 247. (See note, and Dr. Hood's comments
Moral depravation. R. v. Burton, 772; R. v. Townley,

NEGLIGENCE, liability of master or employer for; as to use of dangerous machi-
nery by young persons. Grizzle v. Frost, 622.

so as to any dangerous employment, as shoring up ruinous or falling buildings, &c.,
the question will be, whether the employer knew more of the danger than the ser-
vant. Ogden v. Rummens, 751. (And see Muster and Servant.)

NEGLIGENCE-continued.

liability of employer for neglect or misfeasance of contractor in bad work or materials.
Clothier v. Webster, 4.

liability of owners for, in management of fixed property; contributory. Witherley
v. Regent's Canal Co., 61.

of carrier, damage to goods.

Cor v. London & North Western Railway Co., 77.

-

NISI PRIUS: practice; comparison of handwriting evidence of experts on.
Roupell v. Haws, 784. (And see cases collected in notis.)

secondary evidence, sufficiency of. Roupell v. Waite, 511; Roupell v. Haws, 784.
admission of execution of deed; explanation of admission; denial of execution;
forgery. Painter v. Abel, 518.

amendment at; to raise “real question in controversy between the parties." Cowan
v. Lascelles, 631. (See Amendment.)

issues not joined; amendment; adjournment. Harrison v. Cant, 277.
adjournment of trial; terms of. Bremner v. Dando, 231.

admission of written document unstamped, for purpose of stating case.
Burton, 278.

admission of unstamped document to show fraud. Roupell v. Haws, 784.

Wallon v.

trial, postponement of; obtaining it by misrepresentation; speedy execution. Swaby
v. Vallez, 230.

right of party to conduct money as witness. Reed v. Fairless, 958.

evidence, admissibility of secondary, proof sufficient to let in; document in foreign
country. Quilter v. Jorss, 644.

probate copy of. Rippon v. Priest, 644.

knowledge by jury. Schweitzer v. Long, 687. (And see cases collected in notis.)

PARTNERS, authority of, to draw bills in partnership name. Leverson v. Lane, 221.
Colonial brokers. Schweitzer v. Long, 687.

PLEADING: leave to plead several matters.
setting aside pleas as fraudulent. Ibid.
leave to add pleas after issue joined.

Lascaridi v. Gurney, 125.

Carrick v. Holderness, 99.

setting aside, as embarrassing. Cottula v. Soames, 93; The Great Ship Co. v. Rus-
sell, 94; Taylor v. Smith, 91.

effect of never indebted in action for calls. Consols Insurance Co. v. Newall, 130.
practice as to; demurrer; issue of fact; effect of verdict for plaintiff on bad count.
Oxenham v. Smythe, 85.

POLICE, privilege of, as to disclosure of sources of information. R. v. Richardson,
693.

questions by, to prisoners, improper. R. v. Mick, 822.

PRACTICE. (See Process; Nisi Prius.)

PRINCIPAL AND AGENT: action by principal against agent for selling goods
bought for principal; defence to. Lienard v. Dresslar, 212.

action by principal for misrepresentation of authority. Hughes v. Græme, 885.
liability of, for commission. Cousins v. Mitcheson, 236; Marsh v. Jelf, 234; Green
v. Reed, 226; Thompson v. Clark, 181; Topping v. Healey, 328.

PROCESS, service of, abroad. Dantra v. Stiebel, 951. (And see note, p. 955.
Service of, by mistake. Kelly v. Lawrence, 830. (And see notes.)

PUBLIC OFFICERS, dismissal of; action for; when not maintainable; discretionary
power of removal. Dickson v. Combermere and others, 527. (And see cases on
the subject collected in notis, pp. 528, 529.)
3 U

VOL. III.

F.F.