A New Law Dictionary and Institute of the Whole Law

36
36

ACTIONS AND SUITS—continued.

II. Particular varieties of, considered

- continued.

Assise of Nuisance

Utrum

Assumpsit, action of,

Its origin,

Its later extension, Slade v.

Moricy,

Its present use

Auditâ Querelâ, writ of,

36

Its uses,

ACTIONS AND SUITS- continued.

II. Particular varieties of, considered

continued.

Transitory actions-continued.

Why so called

363

Trespass on the case,

See also tits. JUDGMENT ;

JURIES; PROCEDURE;

WRITS.

VI. Remedies otherwise than by action

or suit :

Abatement of nuisance

Ground for summons to inter-

plead

16

Attachment, debts,

Mode of proceeding under 17

& 18 Vict. c. 125,

No attachment of wages, 33

& 34 Vict. c. 30

36

Attachment, foreigo,

Places where admissible,

Mode of proceeding,

Lord Mayor's Court .

36

Distress,

Power of, what is, and how

given,

Requisites to,
Things liable to,
Things not liable to,
Things conditionally exempt,
Place for distraining,

General rule with exceptions 121

(2.) Under C. L. P. Act, 1854 225

.

(4.) Common bail,--what

it is

40-41

(B.) In criminal cases,

(1.) In cases of felony,

(2.) In cases of misdemea-

nour

41

Calling the plaintiff,

Amounts to a non-suit

51

Carrying costs,

Meaning of,

Where damages under 40s.,

Occasions for .

54

Challenge,

Varieties of,

(1.) Against persons,

(a.) To the array,—what

is, and grounds of,

(6.) To the polls,—what

is, and grounds of,

Requisites to execution of,

PAGE

three years.

.

ACTIONS AND SUITS—continued.

VI. Remedies otherwise than by action

Suit of the King's peace

349

ADMIRALTY LAW,
Admiralty, Court of,

Jurisdiction of,
County Court jurisdiction,
Peculiarities of procedure,

Effect of judgments in Admiralty 14-15

Two varieties of

172

Harbours

175

Jetsam,

How distinguished from flotsam,

How distinguished from lagan 196

Navigation,

Right of public,

In public river,
Public right extinguished,
Public easemel

247

What it includes

What services entitle to,
Success of services,
Forfeiture of,
Persons entitled to,
Amount of

319

See also title CONTRACTS; sub-

title MERCANTILE; and title

INTERNATIONAL Law.

BANKRUPTCY LAW,

Absconding debtor,

Under Debtors Act, 1869,

Under Absconding Debtors Act,

1870

Absenting oneself (see next title) 4

Act of bankruptcy,

What it is,

Varieties of it under Bankruptcy

Act, 1869

11

BANKRUPTCY LAW—continued.

Assignees, now called trustees,

Take subject to all equities

35

Bankruptcy,

Persons liable to be made bankrupts,

Six grounds for making bankrupt,

Time for presenting petition,

Jurisdiction in bankruptcy,

(1.) London district,

(2.) Country district,

Powers of Chief Judge of London

district,

Effects of adjudication in,

(1.) As to vesting of property,

(2.) As to duties and powers of

trustee,

Close of the,

(1.) Order of discharge,

(2.) Undischarged bankrupt,

(a.) Three years' immunity,

(6.) Unpaid balance after

42-43

Commission of bankrupt,

Composition with creditors,

What it is,

Mode of carrying out,

Validity of, reason for,

Under Bankruptcy Act, 1869 72

(1.) By the Common Law (see

Common Law, Heads of),

(2.) By Equity Law (see Equity

Law, Heads of),

(a.) Under 13 Eliz. c. 5, and

27 Eliz. c 4,

(6.) Under Bills of Sale Act,

1854,

(3.) Under Bankruptcy Act, 1869,

(a.) Fraudulent conveyance,

&c., 6 months before

order of adjudication,

s. 6,

(6.) Order and disposition

clause, s. 15,

(c.) Executions levied fewer

than 14 days before
notice of act of bank-

ruptcy, s. 87,

(d.) Post-nuptial settlements,

(aa.) Made within 2 years

of bankruptcy,

(65.) Made between 2 and

10 years of bank-

ruptcy,

(cc.) Made beyond 10

years of bankruptcy,

(e.) Fraudulent preferences

within 3 months of

bankruptcy,

281

.

PAGE

BANKRUPTCY LAW-continued.

Bankruptcy-continued.

Fraudulent gifts—continued.

What acts are not fraudulent,

(a.) Contracts made bonâ fide and

for value,

(6.) Executions executed by

seizure in case of land,

Executions executed

by

seizure and sale in case of

gouds,
Executions in either case be-

fore order of adjudica-
tion

166-169

Insolvency,

Courts for, origin of,

(1.) Distinguished from bankruptcy,

(2.) Distinguished from composition 220

Petitioning creditor

277
Privileged debts

290

Provisional assignee,

Modern substitute for

295

Wain, wainage,
Protected in bankruptcy

382

COMnox Law,

1. General sources of,

Requisites to validity of parti-

COMMON LAW-continued.

II. Heads of Common Law Jurisdic.

tion-continued.

Fraud, Remedies for--continued.

Limited availability of these

remedies,

Mode of pleading,

Cases in which Law has juris-

diction, and Equity not 161-165

Fraud, legal apart from moral,

Meaning of phrase,

Not actionable, Cornfoot v.

Fouke

165

Frauds, Statute of,

Contracts requiring to be in

writing under s. 4,

Contracts comprised in, s. 17

165-166

Fraudulent gifts,

Varieties of,

(1.) At Common Law,-cri-

terion of,

(2.) Under stats. of Eliza-

beth,

(a.) 13 Eliz. c. 5,-crite-

rion of,

(6.) 27 Eliz. c. 4,-crite-

rion of,

(3.) Under Bills of Sale Act,

1854-criterion of,
(4.) Under Bankruptcy Act,
1869-acriterion of

166-169

Husband and wife,

(1.) Rights of husband,

(a.) Real estate of wife,

(6.) Personal estate of wife,

(2.) Rights of' wife,

(a.) Real estate of husband,

(6.) Personal estate of hus-

band,

(3.) Liabilities of husband,

(4.) Liabilities of wife 179-80

On personal property, depends

on what,

On real property, depends on

Principle underlying law of,

And see titles CONTRACTS; CRI-

MINAL LAW; EQUITY LAW;

RCAL PROPERTY LAW; TORTS.

COMPANY Law,

Allotment, letters of

22

What are,

How certified

107
Custom of merchants,
Reason for acceptance of

107
Declaratory act

112

Les mercatoria

217

Usage.

374

And see title COURTS; sub-title

SOURCES OF Law.
II. Heads of Common Law jurisdic-

tion,
Contracts

81-82

Crime.

104

Delicto, actions ex,

Relation of, to other actions 114

Fraud,

Various definitions of,

Remedies for,

(1.) Action on the case, -

place for, and not,

(2.) Common indebitatus

count,-place for, and

not,

COMPANY LAW-continued.

Friendly societies continued.

Persons liable,

Mode of settling disputes,

Winding-up of, 23 & 24 Vict. c. 58 170

Gild,

Primary meaning of,

Secondary meaning of,

Incorporation of

172

Industrial and provident societies 187

Joint stock companies,

.

What are,

COMPANY LAW-continued.

Amalgamate,

Requisites to,

Power to,

Corporations unable to . . . . 23

Apportionment,

Under Lands Clauses Consolidation

Act, 1845.

28

Banks, joint stock,
Law prior to 1826, number limited

to six,
Law since that year, sixty-five

miles beyond London,
Under letters patent, 7 & 8 Vict.

c. 113,

Under Joint Stock Banking Com-

pany Act, 1857, and Companies

Subject to Companies Act, 1862,

Now subject to Friendly Societies

Acts

50

Burials,

Constitution of Board .

Calls (see title JOINT STOCK COMPANY) 51

Canals, shares in,

Regulation of carriage and traffic on,

Rights of public over

51

Clubs,

Not within Winding-up Acts,

Lauds Clauses Consolidation Act,

(a.) In ordinary matters,

(6.) In extraordinary matters,

Distinction between executed and

executory contracts,

Case of corporation sole,

Whether within Statute of Frauds,

No right to vote,

Effect on borrowing power . . . 110
Friendly societies,
Regulated by statutes 13 & 14 Vict.

c. 115, and 18 & 19 Vict. c. 63,
Individual members not liable,

Their uses and abuses

221
Municipal corporation

246

Spiritual corporations .

Statutes regarding

388

CONSTITUTIONAL LAW,

1. The relation of sovereign and subject:

21 & 22 Vict. c. 48. 3

Present form of 3-4

Alien (see next title).

20

Allegiance,

Definition of,

Four varieties of, namely,

(1.) Natural-definition of,

(2.) Acquired-

(3.) Local-

(4.) Legal -

Decision in Calvin's Case,

Permanency of allegiance,

Prior to Naturalization Act,

1870,

Since that Act,
Allegiance to sovereign de facto,

.

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A New Law Dictionary and Institute of the Whole Law: For the Use of Students ...