MARRIAGE-continued. in Scotland-continued. irregular marriage in, when invalid, 1035. in Ireland, 1035. law conforms to common law of England, id. proof of residence, consent, &c., unnecessary, id. abroad in British dominions, id. valid if in conformity with local law, id. in India before registrar, 1036. stat. 28 & 29 Vict. c. 64, id. Marriage Act, 1890, s. 3, and Consular Marriage Acts, apply, id. abroad at a British embassy, id., 1037. in ambassador's chapel valid, 1036. in chapel of factory, id. within the British lines, id. by consuls, id., 1037. Consular Marriage Acts extended to governors, &c., 1037. on board Queen's vessel, on foreign station, id. when parties are domiciled in the foreign country, id. how avoided on ground of impotence, id. validity of, may now be proved under stat. 21 & 22 Vict. c. 93, id., 1040. MARRIED WOMAN. See Husband and Wife; Separate Estate; Wife. acknowledgment of deeds by, proved by certified copy, 99. when husband liable on her contracts, 540 et seq. See Wife. actions by and against alone, 1232. may sue and be sued under provisions of 45 & 46 Vict. c. 75, id. See Married Women's Property Act, 1882. at common law coverture of defendant at time of contract, a defence in action of contract, id. must be specially pleaded, id. feme covert living apart not liable as a feme sole, id. nor wife of Englishman or foreigner resident abroad, id. divorce à menså et thoro did not render a wife liable as feme sole, id. aliter, divorce à vinculo, id. after judicial separation, wife is feme sole for purpose of contracts, suits, &c., id. so on obtaining protection order, id. husband abjuring the realm, or transported, wife liable as feme sole, id. nullity from impotence will not disprove defence of coverture, 1233. not estopped by her previous admissions as feme sole, id. provisions of stat. 45 & 46 Vict. c. 75, as to, 1230 et seq. See Married Women's Property Act, 1882. liable in respect of her separate estate, 1233. See Separate Estate. form of judgment against, 1234. Statutes of Limitations apply to actions against, id. as to injunction to restrain husband from entering wife's house, id. MARRIED WOMAN-continued. when liable to be made bankrupt, 1083. See Bankrupt. MARRIED WOMEN'S PROPERTY ACT, 1882, 45 & 46 Vict. c. 75..1234. married women capable of acquiring and disposing of property as feme sole, s. 1 (1), id. section restricted by sects. 2, 5..1238. carrying on separate trade, liable to bankruptcy laws, in respect she may so trade although residing with husband, id. bankruptcy, id. but not unappointed capital, id. property of woman married after Dec. 31st, 1882, to be held by her as feme sole (s. 2), 1234. effect of execution of general power of appointment by will (s. 4), id. property acquired after Act, by woman married before Jan. 1st, 1883, to be held by her as feme sole (s. 5), id. does not apply to title acquired before date, 1238. secus, as to spes successionis to property only, as possible next of kin, Add. 1238. savings bank deposits, stocks, shares, &c. in name of, deemed to be separate property of married woman (ss. 6, 7), 1235. so where in joint names of married woman and others (s. 8), id. husband need not join in transfer (s. 9), id. so when wife is executrix, &c. (s. 18), 1236. married woman may effect policy on life of herself or husband (s. 11), 436, 1235, 1236. Act not to interfere with settlement of married women's property (s. 19), 1236. but restriction against anticipation shall not protect it against ante-nuptial debts, id. only applies to settlements made after August 18th, 1882..1238. decisions on s. 19, id. what property passes to trustee in bankruptcy, 1083, 1238. married woman may contract in respect of her separate estate, s. 1 (2), 1236. rights of, to sue and liability to be sued, id. husband need not be joined, id. married woman may sue alone for torts committed before Act, 1237. in respect of her person or property, id. if husband joined, damages are separate property, id. judgment can be obtained against her separate property only, id., 1238. and only if she had separate property at time of contract, 1237. with respect to which she might have contracted, id. what not such property, id., 1238. onus of proving separate property is on the plaintiff, 1238. may be sued like man, but power to contract and remedy limited, and action barred by judgment against co-contractor, id. effect of restraint against anticipation of her property, 1233, 1237, 1238. form of judgment, 1234. contract of married woman deemed to bind separate estate (s. 1 (3)), 1236. and all that she may acquire (s. 1 (4)), id. MARRIED WOMEN'S PROPERTY ACT, 1882-continued. remedies for married woman for protection of separate property (s. 12), 1236. liability of wife for her antenuptial contracts or torts (s. 13), 1237. husband (s. 14), id. joint action against husband and wife in respect thereof (s. 15), id. liability of husband for wife's antenuptial debts, 1231. unsatisfied judgment against wife after marriage, no bar, id. Statute of Limitations runs in his favour, id. not determined by wife's death, id. Englishman married in England protected by s. 15..id. action against wife alone, or against husband and wife for her tort action for fraud against wife, id. legal personal representative of married woman has her rights and liabilities (s. 23), 1237. husband liable thereunder for wife's contracts, 1238. contract includes acceptance of trust or office of executrix (s. 24), id. liabilities extend to breach of trust or devastavit, 1237. husband not liable unless he acted, &c., id. property includes thing in action, id. Statute of Limitation to action of tort brought by wife, runs from where husband can sue wife for money lent, &c., id. does not alter devolution of personal property of intestate wife, id., 1239. MASTER, verdict against, in action for negligence of servant, evidence for, in action against servant, to prove amount of damages, 191. action by servant against, for wages and wrongful dismissal, 495. See Servant. not liable for goods ordered by servant without authority, 532. unless he accept or adopt them, id. or has in other instances paid for goods so ordered, id. not liable when he always gives servant money to pay, which servant embezzles, id. liable where he has in one instance authorized the servant to buy on credit, id. may sue for work done by his apprentice, after desertion, 561. liable for negligence of servant, 734. when liable for the trespass of his servant, 935. or for irregularity or illegality in making distress, 909. liability of, for negligence of fellow servants, 759 et seq. See Negli gence. by statute, 762 et seq. See Employers Liability Act, 1880. may maintain action for seduction of servant, 911. See Seduction, Action for. cannot maintain action for death of servant by defendant's negligence, 742. against carrier for injury to servant, when not party to contract, 623, 735. in action against, by servant, for giving bad character, express malice when justified in giving bad character of servant, 870, 871. MASTER OF SHIP, notice to owner to produce document delivered to, sufficient, 9. MASTER OF SHIP-continued. signing bill of lading, and dying, handwriting of, may be proved, 407. capture by collusion with, a loss by capture within the policy, 420. negligent steering of, is not, id. may bind owners by signature to charter-party or bill of lading, 444. implied authority limited by law of country of ship, id. breaks contract by sailing with cargo, without giving bills of lading, 446. but not necessarily guilty of conversion, id. liable as a common carrier, as an insurer, 455. but, semble, not bound to carry goods tendered, 601. has general authority to bind owner for goods sold or money lent for registered owner held liable for necessary repairs ordered by, 562. receiving goods at wharf, renders owners responsible, 617. has power to chastise mariner, reasonably, 916. may bring trespass for injury to vessel, 924. jettison by, not a conversion, 969. has a particular lien on passengers' luggage for passage money, 979. MASTER'S OFFICE. See Central Office of the Supreme Court of Judi- cature. books of, evidence to prove person a solicitor, 210. MATE OF SHIP, becomes master if master die on voyage, 562. delivery of goods to, on wharf, binds shipowner, 617. MATERIALS, building, not recoverable under a claim for goods sold, 529. MAXIMS, actio personalis moritur cum personâ, 1209, 1215. caveat emptor, 468. cujus est solum, ejus est usque ad cælum et ad inferos, 35. in pari delicto potior est conditio defendentis, 635, 991. omnia præsumuntur ritè et solenniter esse acta, 43. quicquid plantatur solo, solo cedit, 1099. volenti non fit injuria, 740, 757, 759, 763. MEASUREMENT, of distance, how made, 641. MEASURES, oral evidence to explain statutory meaning of words, when admis- sible, 27. MEDICAL ACTS. See Surgeon. MEDICAL MAN. See Physician; Surgeon. MEDICAL REGISTER. See Register. MEETING-HOUSE. See Dissenters' Meeting-House. MEMBER OF COMPANY. See Joint Stock Company. MEMBER OF PARLIAMENT, privilege of, in speaking defamatory words in parliament, 868. MEMORANDUM, of agreement not signed will not exclude oral evidence, 3. waiving warranty in marine policy, exempt, 411. as to particular average in marine policy, effect of, 430. what sufficient within Stat. of Frauds, s. 17..510 et seq. See Frauds, must be made before action brought, 512. MEMORANDUM OF ASSOCIATION, of joint stock company, 1157. See Joint Stock Company. variance between, and prospectus, 1167, 1168. MERCANTILE INSTRUMENT, interest payable on, at common law, 594. See Interest. MERCANTILE LAW AMENDMENT ACT, stat. 19 & 20 Vict. c. 97. See TABLE OF STATUTES. MERCHANT, oral evidence admissible to show sense of contracts by, 22. MERCHANT SHIPPING ACTS, 1854, stat. 17 & 18 Vict. c. 104. provisions of, relating to shipping documents, 129. to register of marriages, 128. of births and deaths now re- liability of shipowners, 457, 742. when pilotage is compulsory, 744. bankruptcy of mortgagor of ship not to affect mortgagee, 1098. Amendment Act, 1855, stat. 18 & 19 Vict. c. 91. copy of register of seamen admissible in evidence, 129. provisions as to lien of shipowner, 454. liability of shipowner, 457, 746. regarding navigation of ships, 743. 1873, stat. 36 & 37 Vict. c. 85. provisions in case of collision, 743. See Negligence. MERCHANT SHIPPING DOCUMENTS, how proved, 129. effect of, 216. MERGER, of simple contract in specialty, when it takes place, 660. none of estate, where none in equity, J. Act, 1873, s. 25 (4)..1002. MESNE PROFITS, action for, 943 et seq. See Trespass. METROPOLITAN POLICE. See Constable. |