LIQUIDATED DAMAGES, Distinctions between, and unliquidated damages, 391- LIQUIDATION AND COMPOSITION, As an excuse for non-performance of a contract, 246– When a discharge to debtor, 248, 249. LODGERS' GOODS Cannot now be taken either in distress or execution, 67, LODGING-HOUSE KEEPERS, Liability of, 114. LORD'S DAY ACT, THE, 271. Loss OF SERVICE: See SEDUCTION. Actions for, may arise quite irrespective of seduction, LOTTERIES, 269, 270. LUNATIC: See NON COMPOS MENTIS. Distinction between, and an idiot, 215, 216. Acts done during lucid interval, 217. Can only give evidence during a lucid interval, 436. M MAINTENANCE, Definition of, 265. MALICE, Difference between, in law and in fact, 340. MALICIOUS PROSECUTION, A person obtaining a warrant may be liable for, 333. Three essentials in an action for, 340. Difference between malice in law and malice in fact, Malice in law sufficient to support an action for, 340, 341. The question of reasonable and probable cause is one A prosecution not at the outset malicious may become So, 341. MALICIOUS PROSECUTION-continued. Person cannot sue for, if there is a conviction standing Action for, will lie against a company, 342. No action lies for malicious prosecution of a civil action, Nor by a subordinate against a commanding officer for. Damages recoverable for, 418. MANDAMUS To tribunal in Colonies to examine witnesses there, 458. MARKET OVERT, 303. MARRIAGE, An agreement made in consideration of, must be in Of a female does not appear to revoke any authority she Nor to dissolve a partnership, 134. Position of an infant continuing a marriage engagement Infants not liable on contracts for, but if marriage takes Contracts in general restraint of, are invalid, 264. MARRIED WOMAN May insure her husband's life, and policy may be ex- Position of, and of husband, as to contracts made Position of, and of husband, as to contracts made after Cannot be made a bankrupt unless trading apart from Cases in which a married woman is in the position of a Position of, and of husband, as to contracts made after Effect of notice in papers by husband that he will not A husband is liable for the costs of any proceedings MARRIED WOMAN-continued. Money lent to wife to buy necessaries, 215. Who is liable on a contract by a wife for necessaries Effect of a woman marrying her debtor, 246. A wife cannot sue her husband for a tort committed Representatives of lunatic husband allowed to sue for As to the hiring of servants, 190. Doubtful whether a contract for service for life does not A hiring always presumes reasonable wages, 191. Effect of a general hiring, 191. As to the power of a servant to bind his master by his As to master's liability for his servant's torts, 193, 368. But if he sends for a medical man he will be liable, and Position with regard to injuries done by one servant to And now under Employers' Liability Act, 1880, 193, Length of notice to determine relationship of, 194 194. Effect of death on relationship of, 194. Master's position as to giving a character to servant, 194, Master may reasonably chastise his apprentice, 329. MASTER OF A SHIP: See CAPTAIN OR MASTER OF A SHIP. Actio personalis moritur cum personâ, 288, 321, 374. MAXIMS continued. Caveat emptor, 94, 177. Every man's house is his castle, 68. In pari delicto potior est conditio defendentis et possi- Omnis ratihabitio retrotrahitur et mandato priori æqui- Qui facit per alium facit per se, 116, 368, 369. Quod ab initio non valet in tractu temporis non con- The king can do no wrong, 282, and note (y) on same Volenti non fit injuria, 361, 390. MAYHEM, What it is, 326. MEDICAL MEN, When they may recover their fees, 185, 186. MERCANTILE AGENTS, 123. MERGER, What it is, 9, 13. MESNE PROFITS, 412. MISREPRESENTATION: See FRAUD. MONOPOLIES: See PATENT. The Statute of, 178. MONTH, Meaning of the term, 26, 27. MORAL CONSIDERATION Is not sufficient to support a simple contract, 36, 37. MORAL FRAUD: See FRAUD. MORTGAGE, When a mortgage of fixtures requires registration as a MORTGAGE continued. Distinction between a mortgage of personal property, a Remedy of an equitable mortgagee, 102, and note (a) on MORTGAGOR, Provision of Judicature Act, 1873, as to his powers, When allowed to make leases, 58. MOTIVE Of a defendant cannot be looked to in an action ex con- MUSIC, Provision of Act of 1882 as to copyright in, 179. For an infant, or a married woman, what are, 199, 200, NEGLIGENCE: (See also the different headings of specific acts of negligence.) Liability of voluntary bailee for, 99, 100. Generally as to torts arising peculiarly from, 367- What is, is a question of fact for a jury, 367. Injury arising from negligence of a sub-contractor, Injury arising from negligence in driving hackney Liability in respect of dangerous goods or animals, An action for, may be maintained irrespective of Injuries from nuisances, 371, 372. Liability in respect of engines, shafts, windmills, &c., When an injury is done by several, one or all may be |