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statement of defence to preceding claim, 382
statement of claim by principal and agent in the alternative for amount
of premiums or for amount of notes given for same, and on account
stated, 383, 384
more than contract of indemnity, 385
in which respect it differs from Marine and Fire Insurance, ib.
insurable interest necessary in case of, ib.
interest at time of contract sufficient, ib.
what constitutes insurable interest, 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
questions be untrue, the untruth need not be intentional, ib.
nor car the question of their materiality be raised, ib.
but, where there is not such condition, mere statements and representa-
tions which are untrue, will not avoid policy, unless fraudulent, ib.
dying “by his own hands,"—what included under term, 385, 386
statement of claim on policy effected by creditor on life of debtor, 385—387
statement of claim by assignee of life policy, 387, 388
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
of fire, ib.
who have an insurable interest, ib.
who may recover whole value of the goods burnt though consignee
unable to recover by reason of value not having been declared under
Carrier's Act, ib.
property must be described in policy, ib.
where there is a condition against alteration of premises insured, a subse-
quent alteration avoids policy, ib.
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.
fire policy was not assignable before Judicature Act (1873), 388, 389
statement of claim on fire policy for partial loss and for trespass, 388,390
statement of defence to preceding claim, setting up non-performance of con-
ditions precedent and fraud, 390 392
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.
issue on claims of plaintiff and defendant to shares, 392, 393
issue on claim to goods seized by sheriff, 393, 394
issue on adverse claims to same property, 394
JOINDER OF PARTIES. Sec PARTIES.
JOINT STOCK COMPANIES,
how they sue and are sued, 102
overholding by one does not make other liable for use and occupation, 629
formerly an action must have been brought in England on judgment
obtained in Ireland or Scotland before execution could be had, 397
so as to judgments obtained in England and Scotland before they could be
enforced in Ireland, ib.
and as to judgments obtained in England or Ireland before they could be
enforced in Scotland, ib.
now holder of judgment in one kingdom can, by registering it in another,
enforce it in the latter under 31 & 32 Vict. c. 54, ib.
before passing of Judicature Acts, actions on, must have been brought in
county where judgment enrolled, the venue being local, 394
aliter now, local venue having been abolished by Order XXXVI. r. 1, ib.
on what judgments action will lie, ib.
in case of foreign or colonial, plaintiff may proceed either on judgment or
on original cause of action, 394, 395
statement of claim on, need not allege that Court had jurisdiction, pre-
sumption being in favour of foreign judgments, 395
plaintiff suing on judgment not entitled to costs without order of Court,
14 & 15 Vict. c. 99, s. 7, ib.
Nul tiel record, ib.
if effect of judgment misstated, how to be denied in statement of de-
provision of 4 & 5 Anne, c. 16, s. 12, as to, ib.
how pleaded, ib.
arrest on ca. sa, formerly amounted to, ib.
arrest in any of the cases in which person may now be arrested for debt
does not discharge debt, ib.
no defence which could have been set up in original action can be pleaded, 395
nor can any matter which is ground for setting aside judgment be raised
by way of defence, 395, 396
but ground for absolute and unconditional injunction may have been for-
merly set up as equitable defence, 396
and now, semble, matter which is ground for conditional injunction may be
set up, ib.
the fact that an appeal is pending cannot be set up as a defence, though it
is a ground for staying execution, 397
matter which is ground of error cannot be pleaded in defence, 396.
in the case of foreign judgments, defence that judgment erroneous in point
of law and on the merits, not allowed, ib.
or that fresh evidence has been discovered showing it to be erroneous, ib.
or for mistake of the law of the foreign country, 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.
(c) for repudiating English law where it was necessary to decide the case, ib.
but semble aliter for mistake in English law, 396, 397
(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-
(9) that defendant was not a resident in or subject of foreign country,
and that judgment passed against him in default of appearance, ið.
(h) that judgment obtained by fraud, ib.
statement of claim on judgment obtained in the Isle of Man, 394-397
statement of defence to preceding claim, setting out that defendant was not
resident or domiciled, and was not served with any process or summons,
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.
Landlord's Liabilities :-
on the lease or agreement, ib.
on parol demise there is implied promise of quiet possession but not
of title, ib.
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.
what constitutes breach of covenant for quiet enjoyment, 399, 400.
refusal to give, or allow tenant to take, possession not a breach, 400
other acts which though interfering with tenant's rights do not constitute
such breach, 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
not fulfilled, ib.
on mere oral contract for hire of realty cannot be sued for not
taking possession, or for rent, or for use and occupation, ib.
covenants to pay rent, 400
tenant remains liable on, after assignment, ib.
there is an implied covenant or promise by assignce to indemnify
but tenant not liable for rent after assignment where there is merely
a reservation of rent, ib.
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
necessarily distinct, ib.
consequence of their being distinct or independent, ib.
LANDLORD AND TENANT-continued.
Tenant's Liabilities -
no contract to repair implied from relation of landlord and tenant
having been established, 401
measure of damages in actions on covenants to repair, ib.
(a) where landlord's interest continues, ib.
(b) where it is forfeited or terminated, ib.
depends on state of premises at the commencement of tenancy, ib.
if dilapidation prevents landlord from letting, ib.
landlord may claim as special damage that his lease has been forfeited
by the breach of defendant's covenant to repair, ib.
and may recover the amount he has been compelled to pay in action
for breach of covenant to repair, ib.
covenant to insure, ib.
runs with the land, being by virtue of 14 Geo. 3, c. 78, s. 83,
virtually a covenant to repair, ib.
covenant to cultivate in husbandlike manner, 402
how claim for breach of to be stated, ib.
covenant not to carry on particular trade, ib.
decisions as to what constitutes a breach of, ib.
covenant not to assign, ib.
sub-demise no breach of, ib.
unless where covenant is not to let or assign over,” ib.
assignment by one joint tenant to another violates, ib.
where covenant is not to assign without consent, such consent is
not to be withheld arbitrarily, 402, 403
measure of damages for breach of, 403
covenant to yield up at end of tenancy, ib.
measure of damages for breach of, ib.
landlord may recover cost of ejecting under tenant left in possession
by tenant, ib.
so the expense of compromising an action brought by a person to
whom he had let after expiration of defendant's tenancy, ib.
such damages may semble ho recovered independently of covenant, 404
the acceptance of rent for period of holding over does not affect
landlord's right to sue for breach of, 403
actions against assignees of lease, ib.
sub-demise for whole remaining term is an assignment, ib.
executor de son tort entering and taking possession of lease liable
as assignee, ib.
so a person entering into possession or receiving rents and profits is
liable as assignee, though not an executor de son tort, ib.
trustee of debtor's estate for benefit of creditors who has not repudiated
lease, liable as assignee, ib.
trustee in bankruptcy liable for rent falling due between adjudication
and disclaimer of lease, ib.
assignees not liable for breach after they assign away, ib.
notice to landlord of the assignment unnecessary, ib.
assignment to a pauper to escape liability for future rent not void on
ground of fraud, unless there be a secret trust for benefit of assignor,
assignee may be sued after assignment for breaches before assign-
ment by him, 404
not liable for breaches committed before assignment to him, ib.
actions for double rent for holding over, ib.
provisions of 11 Geo. 2, c. 19, s. 18.
apply only where tenant has given a valid notice, ib.
holding over must be wilful and contumacious, ib.
actions for double value, ib.
LANDLORD AND TENANT-continued.
actions for double value-
provision of 4 Geo. 2, c. 28, 404, 405
defendant may show that plaintiff waived notice to quit or demand
of possession, 405
such waiver should now be specially pleaded, ib.
statement of claim for rent, 398—405
statement of claim for rent and royalties against assignees of lease of
colliery and breach of covenant to work it in a miner-like manner,
statement of claim by trustee and cestuis que trust for breach of covenant
to repair, 407
statement of claim by tenant from year to year for breach of implied pro-
mise of quiet enjoyment, 408
statement of defence to preceding claim, setting out waiver of right to
proper notice by accepting shorter notice, 408—409
statement of claim for breach of covenant for title and quiet enjoyment, 409
statement of defence and counterclaim to preceding claim, 410
statement of claim against landlord, under agreement, for improvements
by tenant, 410, 411
statement of claim against landlord for breach of covenant to make im-
provements on demised premises, 411, 412
statement of defence (claim not given), setting out an eviction by landlord,
LEASE. See LANDLORD AND TENANT.
LEAVE AND LICENCE,
form of defence of, to trespass de bonis asportatis, 601
LESSOR AND LESSEE. See LANDLORD AND TENANT ; RECOVERY OF LAND.
LIBEL. See DEFAMATION.
LIEN. See TROVER.
LIFE INSURANCE. See INSURANCE.
LIGHT. See EASEMENT.
LIMITATION OF ACTIONS,
tabular view of period of, in the various actions, 413—417
from what time statutes run, 417–419
in case of breach of contract, 411
in case of torts, 418
when currency of statutes suspended by disability of plaintiff, ib.
when defendants beyond the seas statutes do not begin to run until their
when one of several co-debtors beyond seas, statutes only suspended as to
meaning of " beyond seas,” ib.
provisions as to persons beyond seas apply to persons resident abroad as
well as to natives of United Kingdom, 418, 419
when a statute of limitation once begins to run no supervening disability
will interrupt it, 419
revival of barred claim by subsequent payment, ib.
where two debts and one barred effect of payment made generally, ib.
payment by agent sufficient, unless authority exceeded, ib.