INFANCY-continued. no defence to action for necessaries that infant had sufficient allowance to 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 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 liable for a tort though action in form ex contractu, as where he is sued for 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- plaintiff cannot treat breach of contract as tort in order to make infant FORM- statement of defence, setting up infancy, 357 INJUNCTION, conditional or unconditional may be granted by any Division of the High for forms claiming. See EASEMENT; TRESPASS. INNKEEPER, provisions of 26 & 27 Viet. 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, il. 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 claim against hotel keeper for injury to plaintiff's goods, 361 statement of defence alleging defendant's insanity at time of contract and reply to preceding defence, 262, 263 INSOLVENCY, entitles consignor of goods to stop them in transitu, 594 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. marine insurance a contract of indemnity, ib. (aliter, life policy, see post, 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, in- when ship never heard of after sailing presumed to have foundered, decisions as to what is sea-worthiness and deviation, ib. no implied warranty of sea-worthiness on time policies, 367 fraudulent misstatement, though immaterial, avoids, 368 concealment of material fact, even without fraud, vitiates policy, 367 FORMS- statement of claim for total loss, particular and general average losses, and statement of defence to preceding claim alleging unseaworthiness and con- 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 defence to preceding claim, alleging "no interest," unsea- statement of claim on policy for loss of cargo seized on the Danube by the statement of claim on two policies for partial loss by peril insured against, 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 INSURANCE (MARINE)-continued. FORMS- statement of defence to preceding claim, 382 statement of claim by principal and agent in the alternative for amount INSURANCE (LIFE), more than contract of indemnity, 385 in which respect it differs from Marine and Fire Insurance, ib. interest at time of contract sufficient, ib. what constitutes insurable interest, ib. decisions, ib. amount of insurable interest only can be recovered, ib. assignment of, ib. notice of, to be given to insurer, ib. effect of fraudulent misrepresentation by assured, on policy, ib. where there is a condition that policy shall be void if written answers to nor car the question of their materiality be raised, ib. but, where there is not such condition, mere statements and representa- FORMS- statement of claim on policy effected by creditor on life of debtor, 385-387 INSURANCE (FIRE), policy, is a contract of indemnity, 388 insurer can only recover amount of actual damage or loss, ib. necessary to show an interest in subject-matter at times of insurance and who have an insurable interest, ib. warehousemen, ib. carriers, ib. who may recover whole value of the goods burnt though consignee property must be described in policy, ib. where there is a condition against alteration of premises insured, a subse- aliter, if there is no such condition, even where a dangerous trade is set policy covers loss caused by negligence of assured, if there be no fraud, ib. statement of claim on fire policy for partial loss and for trespass, 388-390 INTEREST. See COMPOUND INTEREST; BILLS OF EXCHANGE, &c. procedure on, not affected by Judicature Acts, 392 provisions of 2 W. 4, c. 58, and 23 & 24 Vict. c. 126, ib. FORMS- issue on claims of plaintiff and defendant to shares, 392, 393 issue on adverse claims to same property, 394 overholding by one does not make other liable for use and occupation, 629 JUDGMENTS, formerly an action must have been brought in England on judgment so as to judgments obtained in England and Scotland before they could be and as to judgments obtained in England or Ireland before they could be now holder of judgment in one kingdom can, by registering it in another, before passing of Judicature Acts, actions on, must have been brought in aliter now, local venue having been abolished by Order XXXVI. r. 1, ib. in case of foreign or colonial, plaintiff may proceed either on judgment or statement of claim on, need not allege that Court had jurisdiction, pre- plaintiff suing on judgment not entitled to costs without order of Court, DEFENCES- Nul tiel record, ib. if effect of judgment misstated, how to be denied in statement of de- Payment- provision of 4 & 5 Anne, c. 16, s. 12, as to, ib. Release- how pleaded, ib. Discharge- arrest on ca. sa. formerly amounted to, ib. arrest in any of the cases in which person may now be arrested for debt no defence which could have been set up in original action can be pleaded, 395 but ground for absolute and unconditional injunction may have been for- and now, semble, matter which is ground for conditional injunction may be the fact that an appeal is pending cannot be set up as a defence, though it matter which is ground of error cannot be pleaded in defence, 396. in the case of foreign judgments, defence that judgment erroneous in point or that fresh evidence has been discovered showing it to be erroneous, ib. but defendant allowed to plead the following defences :--- (a) that Court had no jurisdiction, ib. (b) errors on the face of the judgment, ib. (e) for repudiating English law where it was necessary to decide the case, ib. (d) that judgment contrary to natural justice, 396 (e) that judgment not final and conclusive, ib. (f) that defendant was not summoned, and had no notice of proceed. (g) that defendant was not a resident in or subject of foreign country, FORMS statement of claim on judgment obtained in the Isle of Man, 394-397 JUSTICES OF THE PEACE. See FALSE IMPRISONMENT. JUSTIFICATION. See DEFAMATION. LAND. See RECOVERY OF LAND; SALE OF LAND. LANDLORD AND TENANT, how relation of, created, 398 when it must be created by deed, ib. when covenants run with the land, 399 liabilities of parties on execution of lease or agreement, ib. on the lease or agreement, ib. on parol demise there is implied promise of quiet possession but not landlord bound to deliver possession, ib. no implied warranty that premises, &c., reasonably fit for habitation or aliter, on letting house and furniture, ib. covenant for quiet enjoyment, ib. implied from word "demise" and "let," ib. aliter, where express covenant for quiet enjoyment or possession, ib. measure of damages in actions for breach of covenant for title or quiet Tenant's Liabilities:- bound to accept possession, 399 unless he has agreed to tenancy on a condition which landlord has on mere oral contract for hire of realty cannot be sued for not tenant remains liable on, after assignment, ib. there is an implied covenant or promise by assignee to indemnify but tenant not liable for rent after assignment where there is merely no defence to action for rent that tenant induced to accept lease by liability for repairs, 401 covenants relating to, ib. covenants to repair, and to repair after notice, generally but not consequence of their being distinct or independent, ib. |