NEGLIGENCE-continued. The liability of carriers of passengers depends on ques tion of, 373, 374. Maxim of actio personalis moritur cum personâ, and statutory provisions thereon, 374-377. When master liable for injury done to a servant by Causing injury to land or buildings, 381-385. By sheriff's officers, 385. Defences to an action for, 386-390. Contributory, 387-390. NEGOTIABLE INSTRUMENTS: See BILLS OF EXCHANGE AND PROMISSORY NOTES. NEWSPAPER, Reports of proceedings in, privileged to a certain extent, 349, 350. Report to, by person not a reporter of, 349, note (0). Course that may be taken by proprietor of, in respect of libel, 353, 354. Proprietor, editor, or publisher of, not liable to be prosecuted for libel in, without allowance of Director of Public Prosecutions, 352. NEW TRIAL May be granted on the point of damages, 397. NOMINAL DAMAGES: See DAMAGES. NOMINAL PARTNER: See PARTNERSHIP. NON COMPOS MENTIS, Two classes of persons of this kind, and difference between them, 215. Liability of such persons on their contracts, 216, 217. Idiots cannot give evidence, and lunatics only can during a lucid interval, 436. NON-PERFORMANCE OF CONTRACTS: See also particular titles. Excuses for, generally, 234-250. NOTICE TO INSPECT AND ADMIT, Object of giving, &c., 438, 439. NOTICE TO PRODUCE, Object of giving, &c., 423. NOTICE TO QUIt, 56, 57. NOTING AND PROTESTING, What is meant by, and when necessary, 158. NUISANCE, Definition of, 291. Instances of nuisances, 291, 371, 372. What sufficient to constitute a, 292. Party may be liable for, as a probable consequence of An act may be a nuisance though a benefit to others, 292, 293. A person coming to a nuisance has still a right to have May be committed, though act authorised by Parlia- Differences between a public and a private nuisance, 293, 294. When a private remedy lies for a public nuisance, 265, Abatement of, 295, 296. Notice usually necessary before entering on another's A person may not go on another's lands to prevent a May arise peculiarly from negligence, 371, 372. Damages recoverable in respect of, 417. Must not be illegal or immoral, 39. OFFICER, SUPERIOR, Not liable for acts done in the course of his duty, or Is justified in detaining subordinate, 331. No action lies against, for malicious prosecution in OMNIS RATIHABITIO RETROTRAHITUR ET MANDATO PRIORI ÆQUI- ONEROUS PROPERTY, May be disclaimed by trustee in bankruptcy, 73. ONUS PROBANDI Is on party seeking to prove affirmative in an action, 449, 450. But presumption of law may put it where it would not Rule in the case of voluntary settlements, 45I. OPINION, When matters of, are receivable in evidence, 442, 443. P PARENT AND CHILD: See INFANTS. Father justified in chastising his child reasonably, 329. Child born during wedlock is presumed to be legitimate, PAROL EVIDENCE Is not admissible to vary a written contract, but is PAROL LEASE, When good, 55. Effect of, when required to be in writing, 55, 56. PARTIES TO ACTIONS Are now good witnesses, 435, 436. PARTNERSHIP, Different kinds of partners, and liability of each, 127– What will constitute a partnership as between the PARTNERSHIP-continued. No positive rule of law that losses to be borne in same Effect of case of Cox v. Hickman, and statute 28 & 29 Position of lender of money or vendor of goodwill under As to liability of other partners for act done by one, 132, 133. Introduction of a new partner and his position, 133. Grounds on which the Court will decree a dissolution, Discretion of Court in suit for dissolution as to ordering Partners must all be competent to contract, 135. Provisions of Judicature Act, 1875, as to, 136. PATENT, Definition of a, 177. The Statute of Monopolies, 178. Term for which it may be granted, &c., 178. PATENT AMBIGUITY, Parol evidence not admissible in the case of, 24, 25. PAWN, Distinction between, and a lien and a mortgage, 102. Effect of pawn against true owner's will, 104. PAYMENT, Definition of, and generally as to, 224. Rule as to appropriation of payments, 225. Exception to rule, 225. A smaller sum cannot satisfy a greater, except in some special cases, 226, 227. But something different may, 226. Effect of payment by a cheque, bill, or note, 227, 228. Through the post, 228. Into court, 228, 456, 457. Of interest or part payment of principal prevents PAYMENT-continued. Effect of such a payment by one of several persons PEDIGREE, To prove matters of, hearsay evidence is admitted, 425, PENALTY, Sum agreed to be paid by way of, cannot be enforced, 392-395. Provision that on failure to pay one instalment the PERFORMANCE OF CONTRACTS: See also particular titles. Performance of contracts may sometimes be presumed, Excuses for non-performance generally, 234-250. PERSON, THE, TORTS AFFECTING, 322-366. See also particular Assault and battery, 322-330. False imprisonment, 331-339. Malicious arrest, 339. Malicious prosecution, 340-342. Libel and slander, 343-360. Seduction and loss of service, 360-366. Injuries to the person from negligence, 368–381. PHYSICIANS, When they may recover their fees, 185, 186. POLICY OF ASSURANCE: See ASSURANCE. POST, When a contract taking place through, is complete, 32. POWER OF ATTORNEY, Provision of Conveyancing Act as to, 121, note (ƒ). Cases in which presumptions furnish evidence, 430-432. Various cases of, 451. PRIMARY AND SECONDARY EVIDENCE: See EVIDENCE. Difference between, and reason for difference, 422, 423. |