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GUARANTEES—continued.

FORMS-

statement of claim on guaranty of the honesty of servant, 335—338
statement of claim on guaranty of the payment of rent, 338, 339
statement of defence to preceding claim, 339
statement of claim on guaranty for rent of farm and return of stock thereon,

339–341
statement of defence to preceding claim alleging that terms of tenancy were

altered, &c., 341, 342
reply to preceding statement of defence, 343
statement of defence to claim (not given) on guaranty that certain bills

would be paid at maturity, setting forth concealment of material facts,
fraud, &c., 343-345

HEIR. See RECOVERY OF LAND.
HIGHWAYS. See NUISANCE ; TRESPASS.
HIRE. See BAILMENT ; CHARTER-PARTY.
HIRING. See WRONGFUL DISMISSAL.
HOTEL KEEPER. See INNKEEPER.
HUSBAND AND WIFE,

ACTIONS BY-

wife could not at law or in equity sue alone, 345
exceptions to this rule, 345, 346
where husband a convict, 345
where he is presumed to be dead or to have abjured the realm, ib.
where wife is judicially separated from her husband, 345, 346
where she has obtained a protection order under 20 & 21 Vict. c. 85, s. 21,

346
for recovery of wages, earnings, and property declared by 33 & 34 Vict.

c. 93 to be her separate property, ib.
what classes of property within that Act, ib., 347
for recovery of property belonging to her before marriage, which husband

by writing declared should be her separate property, ib.
semble, married woman trading separately may sue alone for libel or slander

of her in her trade, 347
married woman may in any case sue alone by leave of Court or judge, ib.
status of divorced wife, ib.
when husband must be joined in actions by wife, ib.

where action on contract made with wiie before marriage, ib.
where action to enforce a right of wife as executrix, ib.
where suit is for tort to person or reputation of wife before or during

marriage, ib.
cases in which action may be brought in name of wife alone, or of husband

and wife, ib.
where action for injury to wife's realty during marriage, ib.
where action on contract with wife during marriage, ib.
where action on negotiable instrument given to wife before mar-

riage, ib.
effect of death of husband or wife, 347, 348
ACTIONS AGAINST-
married woman cannot as a rule be sued alone, even with respect to her

separate estate, 348
nor in cases under the Married Women's Property Act, 1870, ib.
Exceptions to rule-

where husband civilly dead, ib.
where he is presumed to be naturally dead, ib.

HUSBAND AND WIFE-continued.

ACTIONS AGAINST- Exceptions to rule that wife cannot be sued alone-continued.

where wife has obtained protection order, 348
where husband is an alien enemy, 348
where wife has obtained leave to defend alone on giving security for costs

under Order XVI., rule 8, ib.
liability of husband on contracts and torts of wife before marriage, ib.
distinctions based on the date of the marriage, and having reference to the

effect of the Married Women's Property Acts, 1870 and 1874, ib.
liability of husband on contracts and torts of wife during the marriage,

348-350
wife cannot during coverture bind herself personally, 349
but she may sometimes bind her separate estate, ib.
she may bind her husband by her contracts, ib.
and her husband and herself by torts, ib.
but execution is only against husband, ib.
general rule as to extent to which married woman may bind her husband

by contracts, 349, 350
effect of death of husband or wife on liability of survivor, 350
FORMS-
statement of claim by husband and wife for slander upon the wife, and

assault on husband, 345--350
statement of defence to preceding claim, 350
statement of claim by husband and wife for personal injuries to the wife, 351
statement of defence to preceding claim, 351, 352
statement of claim against husband and wife to charge wife's separate pro-

perty in respect of debt of wife sued on, 352
statement of defence to preceding claim. 353
statement of claim against husband on promissory note given by wife before

marriage, 353, 354
statement of defence to preceding claim, setting up Married Women's Pro-

perty Act, 1874, 354, 355
statement of claim against husband and wife for libel published by the

wife, 355

ILLEGALITY,

No action can be maintained on promise to do an illegal act or an act wit

an illegal object, 355
nor on a promise founded on illegal consideration, or on several considera-

tions, any of which is illegal, ib.
if there are several promises, some legal and others illegal, founded on

legal consideration, only the illegal promises are void, ib.
test for determining when illegality precludes a person from maintaining

action, ib.
plaintiff cannot recover for work done, &e., if in violation of Act of Parlia-

ment, ib.
printer cannot recover for printing obscene, or blasphemous book, ib.
indemnity by railway company to promoters of another railway for expences

should they fail to obtain a bill, illegal, ib.
aliter, a promise by railway company to pay landowner in consideration of

withdrawing opposition to bill for extension of powers, ib.
London broker cannot recover commission unless duly licensed under

6 Anne, c. 16
but he may recover for money paid to a seller on account of his principal

for which broker is by usage liable as principal, ib.
money lent for purpose of playing illegal game cannot be recovered, ib.
aliter, as to money paid at request of defendant on fulfilment of wagering

contract, 355, 356

ILLEGALITY-continued.

bond to secure racing debt is void, 356
as to letting for illegal purposes, ib.
contracts made on a Sunday, ib.
contracts in restraint of trade, ib. See GOODWILL.

how defence of illegality must be pleaded, ib.
FORM-
statement of defence to annuity bond that it was made in consideration of

compromising a suit in the Divorce Court, 279
statement of defence to promissory note, that it was given for amount of

betting debt, 182

IMMORAL CONSIDERATION,

party to immoral contract or one involving encouragement to immorality

cannot recover for breach of it, 356
brothel keeper cannot recover for board, &c., supplied to prostitute, ib.
rent of room let for prostitution cannot be recovered, ib.
so hire or price of brougham supplied to prostitute, with knowledge that

it was to be used for attracting men, ib.
plaintiff in such cases need not be proved to have looked to proceeds of

prostitution, ib.
person selling goods, &c., to prostitute not evidently purchased, &c., for

prostitution, not precluded from recovering, 356, 357
bond or agreement in consideration of future illicit cohabitation invalid,

357
but bond or deed in consideration of past cohabitation is valid, ib.
aliter, a parol agreement, whether verbal or written, ib.

how defence of immorality should be pleaded, ib.
FORM-
statement of defence to annuity deed that it was given in contemplation of

future cohabitation of an adulterous character, 256, 257

INCONSISTENT CLAIMS AND DEFENCES. See PLEADINGS; Statement

of Claim ;Statement of Defence.”

INDEBITATUS COUNTS abolished. See PLEADINGS.

INDEMNITY,

acceptor of bill for accommodation of another entitled to implied, 178
assignor of lease entitled to implied, from assignee for money he has been

compelled to pay as rent accruing after assignment, 449
FORM-
Statement of claim by acceptor of accommodation bill for amount which he

has been compelled to pay, 178, 179

INDORSEMENT. See Bills OF EXCHANGE, &c.

INFANCY,

infants not now liable on any contracts, whether by special or simple con-

tract, except for necessaries, 357
whether for repayment of money lent or payment for goods supplied, ib.
no promise made after full age to pay debt contracted or ratification of

promise made during infancy valid, ib.
unless there has been some new consideration for the promise or ratification

after full age, 357
what are

necessaries," 357, 358
necessaries for infant's wife on same footing as those for himself, ib., 358

INFANCY- continued.

no defence to action for necessaries that infant had sufficient allowance to

enable him to pay for necessaries, ib.
or that he had a sufficient supply of necessaries, ib.
infants not liable on account stated even for necessaries, ib.
such account not admissible as an admission that necessaries were

supplied, ib.
nor for money lent though laid out in purchasing necessaries, ib.
nor on bill for amount of necessaries, ib.
infant liable on bill accepted after majority, though drawn before, ib.
but not for goods delivered to him after majority which were delivered to

carrier before, ib.
liable for a tort though action in form ex contractu, as where he is sued for

money had and received, which he has fraudulently appropriated,

&c., ib.
not liable for fraudulent misrepresentation, ib.
nor on a warranty given by him, ib.
no answer to defence of infancy that infant fraudulently represented him-

self of full age, ib.
plaintiff cannot treat breach of contract as tort in order to make infant

liable, ib.
FORM-

statement of defence, setting up infancy, 357
INJUNCTION,

conditional or unconditional may be granted by any Division of the High

Court, 396

for forms claiming. See EASEMENT ; TRESPASS.
INNKEEPER,

provisions of 26 & 27 Vict. c. 41, as to liability of, 358, 359
effect of error in the notice required by the Act, 359
common law liability of, as to receiving guests, ib.
who are innkeepers at common law, ib.
managers in whose name licence taken out are not innkeepers, ib.
lien of, on goods of guest, ib.
formerly had no power to sell under such lien, ib.

but may now do so after six weeks' detention and month's notice, ib.
defences to actions against-
that statute not complied with, 359, 360

how far denial of negligence a defence, 360
FORMS—

statement of claim for value of goods stolen in defendant's inn, 358—360
statement of defence to preceding claim, 360, 361
statement of claim against hotel keeper for injury to plaintiff's goods, 361
statement of defence to preceding claim setting up Innkeeper's Act, and
noncompliance therewith by plaintiff

, 361, 362
INNUENDO. See DEFAMATION.
INSANITY,

when a defence, 362
FORM-
statement of defence alleging defendant's insanity at time of contract and

that plaintiff knew of it, ib.

reply to preceding defence, 262, 263
INSOLVENCY,

entitles consignor of goods to stop them in transitu, 594

in.

or

or

INSURANCE (MARINE),

what is a policy of, 363
two kinds of, ib.
voyage policies and time policies, ib.
insured must have insurable interest in subject matter of insurance, ib.
such interest must exist at time of contract and at time of loss, ib.
marine insurance a contract of indemnity, ib. (aliter, life policy, see post,

Insurance, Life)
consequences of above doctrine, ib.
decisions as to what constitutes insurable interest, 363, 364
when risk begins and when it ends, 364
what perils are usually insured against, ib.
effect of policy “ lost or not lost," ib.
decisions as to what are perils of the sea, 364, 365

loss by perils of sea, when remotely caused by negligence of crew,

surers liable, 364
when ship never heard of after sailing presumed to have foundered,

365
what constitutes a "stranding,"ib.
loss, either“ total" "partial,” ib.
total loss, either “ actual “constructive,” ib.
definitions of "total” and “constructive" losses, ib.
notice of abandonment, 365, 366

when and how to be given, ib.
how loss calculated on valued policy, 366
how calculated on open policy, ib.
deduction of one-third " new for old," allowed in case of repairs, ib.
implied warranties in voyage policies, 365, 367

sea-worthiness, 366
no deviation, 366, 367

decisions as to what is sea-worthiness and deviation, ib.
no implied warranty of sea-worthiness on time policies, 367
material misrepresentation avoids, 367, 368
fraudulent misstatement, though immaterial, avoids, 368
concealment of material fact, even without fraud, vitiates policy, 367

but insurer not bound to communicate rumours, opinions, &c., 367
FORMS—
statement of claim for total loss, particular and general average losses, and

expenses under suing and labouring clauses, 363-370
statement of defence to preceding claim alleging unseaworthiness and con-

cealment, 370
statement of claim by shipowner on policy for total constructive loss, 370,

371
statement of claim on policy for damage to vessel insured against, 371, 372
statement of claim on policy for total loss of cargo, 372, 373
statement of defence to preceding claim, alleging " no interest," unsea-

worthiness, deviation, and material misrepresentation, 373, 374
statement of claim on policy for loss of cargo seized on the Danube by the

Russian Government, 374, 375
statement of claim on two policies for partial loss by peril insured against,

and for damages under suing and labouring clause, 375–377
statement of claim on policy by shipper for partial damage and loss, 377,

378
statement of defence to preceding claim, 378
statement of claim by shipowner on policy for loss of freight through

damage to cargo, under stipulation in charter-party, 378—380
statement of claim by assignee of policy on cargo for particular average loss

and expenses under suing and labouring clause, 380—382

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