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LIQUIDATED DAMAGES,

Distinctions between, and unliquidated damages, 391-
395.

LIQUIDATION AND COMPOSITION,

As an excuse for non-performance of a contract, 246–
248.

When a discharge to debtor, 248, 249.

LODGERS' GOODS

Cannot now be taken either in distress or execution, 67,
68.

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,
and instance of, 365, 366.

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 ARREST, 339.

MALICIOUS PROSECUTION,

A person obtaining a warrant may be liable for, 333.
Definition of, 340.

Three essentials in an action for, 340.

Difference between malice in law and malice in fact,
340.

Malice in law sufficient to support an action for, 340,

341.

The question of reasonable and probable cause is one
for the judge, 341.

A prosecution not at the outset malicious may become

So, 341.

MALICIOUS PROSECUTION-continued.

Person cannot sue for, if there is a conviction standing
against him, 341.

Action for, will lie against a company, 342.

No action lies for malicious prosecution of a civil action,
342.

Nor by a subordinate against a commanding officer for.
bringing him to court-martial, 342.

Damages recoverable for, 418.

MANDAMUS

To tribunal in Colonies to examine witnesses there, 458.
MARINE INSURANCE: See ASSURANCE.

MARKET OVERT, 303.

MARRIAGE,

An agreement made in consideration of, must be in
writing, 45.

Of a female does not appear to revoke any authority she
may possess as an agent, 122.

Nor to dissolve a partnership, 134.

Position of an infant continuing a marriage engagement
after attaining full age, 198.

Infants not liable on contracts for, but if marriage takes
place it is generally binding, 202.

Contracts in general restraint of, are invalid, 264.

MARRIED WOMAN

May insure her husband's life, and policy may be ex-
pressed to enure for her separate use, 176.

Position of, and of husband, as to contracts made
before marriage, 203-206.

Position of, and of husband, as to contracts made after
marriage and during cohabition, 206-212.

Cannot be made a bankrupt unless trading apart from
her husband, 208.

Cases in which a married woman is in the position of a
feme sole, 207, 208.

Position of, and of husband, as to contracts made after
marriage, but during separation, 212, 213.

Effect of notice in papers by husband that he will not
be liable for his wife's debts, 214.

A husband is liable for the costs of any proceedings
rendered necessary by his conduct, 214, 215.

MARRIED WOMAN-continued.

Money lent to wife to buy necessaries, 215.

Who is liable on a contract by a wife for necessaries
when husband is dead unknown to her, 215.

Effect of a woman marrying her debtor, 246.

A wife cannot sue her husband for a tort committed
during coverture, even though she has since obtained
a divorce, 330.

Representatives of lunatic husband allowed to sue for
wife's torts in connection with property, 330, note (c).
MASTER AND Servant,

As to the hiring of servants, 190.

Doubtful whether a contract for service for life does not
require to be by deed, 190, 191.

A hiring always presumes reasonable wages, 191.
Different kinds of servants, 191.

Effect of a general hiring, 191.

As to the power of a servant to bind his master by his
contracts, 192.

As to master's liability for his servant's torts, 193, 368.
Servant entitled to wages during temporary illness, 193.
Master not bound to provide medical attendance for his
servant, though he is for apprentice, 193.

But if he sends for a medical man he will be liable, and
cannot make deduction from wages, 193.

Position with regard to injuries done by one servant to
another acting in course of common employment at
Common Law, 193, 377, 378.

And now under Employers' Liability Act, 1880, 193,
378-380.

Length of notice to determine relationship of, 194
When master may discharge servant without notice,

194.

Effect of death on relationship of, 194.

Master's position as to giving a character to servant, 194,
195.

Master may reasonably chastise his apprentice, 329.
Damages recoverable by a servant for wrongful dis-
missal, 420.

MASTER OF A SHIP: See CAPTAIN OR MASTER OF A SHIP.
MAXIMS,

Actio personalis moritur cum personâ, 288, 321, 374.

MAXIMS continued.

Caveat emptor, 94, 177.

Every man's house is his castle, 68.
Ex dolo malo non oritur actio, 256.
Expressum facit cessare tacitum, 19, 60.
Ex turpi causâ non oritur actio, 283, 373.

In pari delicto potior est conditio defendentis et possi-
dentis, 258.

Omnis ratihabitio retrotrahitur et mandato priori æqui-
paratur, 118.

Qui facit per alium facit per se, 116, 368, 369.

Quod ab initio non valet in tractu temporis non con-
valescit, 272.

The king can do no wrong, 282, and note (y) on same
page.

Volenti non fit injuria, 361, 390.

MAYHEM,

What it is, 326.

MEDICAL MEN,

When they may recover their fees, 185, 186.
No privilege in giving evidence, 448, 449.

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.
But a moral obligation which was once a legal one will
support a promise, 37.

MORAL FRAUD: See FRAUD.

MORTGAGE,

When a mortgage of fixtures requires registration as a
bill of sale, 64.

MORTGAGE continued.

Distinction between a mortgage of personal property, a
lien, and a pledge, 102.

Remedy of an equitable mortgagee, 102, and note (a) on
same page.

MORTGAGOR,

Provision of Judicature Act, 1873, as to his powers,
57, 58, 287.

When allowed to make leases, 58.

MOTIVE

Of a defendant cannot be looked to in an action ex con-
tractu, but can be in an action ex delicto, 405.

MUSIC,

Provision of Act of 1882 as to copyright in, 179.

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For an infant, or a married woman, what are, 199, 200,
209.

NEGLIGENCE: (See also the different headings of specific acts

of negligence.)

Liability of voluntary bailee for, 99, 100.
Liability as to fires caused by, 298, 384.

Generally as to torts arising peculiarly from, 367-
390.

What is, is a question of fact for a jury, 367.

Injury arising from negligence of a sub-contractor,
369.

Injury arising from negligence in driving hackney
carriage, 369.

Liability in respect of dangerous goods or animals,
370, 37I.

An action for, may be maintained irrespective of
privity, 371.

Injuries from nuisances, 371, 372.

Liability in respect of engines, shafts, windmills, &c.,
near a public road, 372, 373.

When an injury is done by several, one or all may be
sued, but there is no contribution, 373.

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