DAMAGE SPECIAL:

must be stated, and proved in slander, 1259, 1269.

it must be the legal and natural consequence of the words spoken, 1260.

DAMAGES:

where jury may give damages in the nature of interest, 424, 1028, 1030,
1324, 1377.

in assumpsit, how computed, 177, 463.
liquidated, 178, 9, n.

unliquidated, cannot be set off, 563.

in covenant, 564.

what circumstances will operate in increase, and mitigation of, under petition
for divorce or separation, 8, n., 25.

how the damages are to be assessed upon a verdict against joint trespassers,
37, 1326.

for injury to property, if recovered against executor, rank only as simple con-
tract debts in administration, 781.

how calculated in assault and battery, 37.

in action against carrier for breach of contract, 463, 4.
for conversion of bill of exchange, how calculated, 1377.
liberal, in action for seduction, 1127.

DATE:

of bill of exchange, 372.

alteration of, 372, 3, 4.

proof of alteration of before issue, lies on plaintiff, 374.

of bond, 573.

of policy, 956.

DAY:

when inclusive, 236, 1101.

when exclusive, 76, 1101.

fraction of, when allowed, 236, 282.

priority of facts on same day, 236.

what shall be deemed day-time in game act, 912.

DAYS OF GRACE:

how computed, 397.

what allowed on bills, in England, ib.

none in France, 399.

DEATH:

presumption of, time of, 751.

of attesting witness, effect of, 577.

DEBT:

of simple contract, how paid, in order of administration, 781.

when it is optional to have debt or covenant, 569, 70.

for what debt lies, ib.

on a colonial decree for payment of equitable claim, ib.

on simple contract to pay a sum certain, 570.

lies on a promissory note or bill of exchange, when, ib.

on judgment of inferior court, ib.

real sum due should be indorsed on writ, ib.

on a foreign judgment, 571.

when particular of demand should be filed with the declaration, 572.
general issue, ib.

plea of payment to part or all, ib.

pleas may be taken distributively, ib.

DEBT-continued.

verdict when several pleas are pleaded which cover whole cause of action,

572.

defendant cannot call in aid defence arising after action brought, ib.

on bond. See BOND.

on bail bond. See BAIL.

on bond, with condition to perform covenants, 612. See BOND.

on bond of ancestor against heir, 616. See HEIR.

on judgment, 622. See JUDGMENT.

for rent arrear, 624.

See RENT.

on penal statutes, 634. See PENAL STATUTES.

on statute for bribery at elections, 638.

provisions of, ib.

declaration, 639.

evidence, ib.

travelling expenses, ib.

DECEIT:

definition of right of action for, 640.

cases where the law will imply warranty, ib.

scienter must be averred and proved, ib.

distinction between deceit and actions for warranty, ib.

against persons not parties to the contract, 642.

not necessary to show that defendant has gained advantage, 643.

or had intention to injure, 644.

incautious statement of matter as within person's knowledge, when he had
only reasonable cause to believe not fraud, 643.

suppression of truth is, ib.

so representation of what party knows to be false, 644.

statement concerning character, credit of a person, &c., must be in writing,

645.

extent of liability of person making representation of the credit of a third
party, 646.

See WARRANTY.

for maliciously suing out commission of bankrupt, 293.

on bills of exchange, 413.

on a promissory note, 437.

against carriers, 459.

in covenant, 539.

debt on simple contract, 578.

on bail-bond, 610.

debt on bond, with condition to perform covenants, assigning the breaches, 613.

debt on bond of ancestor against heir, 617.

debt on judgment in an inferior court, 622.

of debt for rent, 625.

debt for use and occupation, 630.

on statute against bribery, 639.

on the case in nature of deceit, 640.

in detinue, 662.

insurance, 993.

libel, 1057.

DECLARATIONS:

of what persons, are admissible in cases of pedigree, 752, 3.

of wife, in adultery, 23.

of persons speaking against their own interest, 741, 753.

probate of a will not admissible to prove declarations of testator, in ques-
tions of pedigree, 800.

subscription of, in policy on life, 1040.

of prior holder of a bill of exchange, when admissible, 421.

DEDICATION:

of way to the public, 1315.

consent of the owner in fee necessary, 1317.

cannot be a partial dedication, ib.

DEED:

the delivery is the important time, not the date, 540.

delivered by executing party, valid though kept in his own hands, 576.
should be stated in a declaration according to its legal effect, 540.

how to proceed if the deed be not truly set out, 575.

very words of should be set forth only, if construction doubtful, ib.
material parts only need be stated, ib., and note.

special pleas of avoidance, 575.

custody of, 580.

how avoided by rasure, or alteration, ib.

when action is grounded on a deed, it can only be avoided by deed, 554,
581, 596.

where matters dehors the deed may be pleaded, 585.

case will not lie where there is a deed, 483.

exceptions to this rule, ib.

where counterpart is evidence, 742, 5.

where a deed from its antiquity may be given in evidence without proof of
execution, 580, 742.

party having taken beneficial interest under deed is estopped from disputing
execution, 742.

secus as to executory interest, ib.

when subscribing witness need not be called to prove execution, ih.

lessee cannot dispute counterpart for want of stamp on original, 745.
trover for, 1353.

leases exceeding three years from making must be by, 829.
assignments and remedies must be by, 834.

DEER:

no property in, unless tame and reclaimed, 1306.

DEFAMATION. See LIBEL-SCAN. MAG. SLANDER.

DE INJURIA SUA PROPRIA. See REPLICATION.

DEL CREDERE. See FACTOR.

commission, nature of, 804, 5.

need not be accepted in writing, 847.

when factor under, has a lien on price, 813.

DELIVERY:

of attorney's bill. See ATTORNEY.

of deed. See DEED.

of goods, what sufficient to satisfy Statute of Frauds, 862, 3, 4.

of goods, what sufficient to determine right to stop in transitu, 1285–92.

how far partial delivery vests in purchaser, 1336.

to carrier, vests property in vendee, 456, 1331.

DELIVERY ORDER:

will not prevent stoppage in transitu, 1294.

acceptance of, not an acceptance of goods within Statute of Frauds, 867.
DEMAND:

of possession, where tenant holds over vexatiously, under C. L. P. Act, 772.

DEMAND AND REFUSAL:

need not be proved in trover by assignees, 318.

evidence only of a conversion, 1349.

DEMESNE LAND:

evidence of, 754.

DEMISE:

parol, when good, 829, 30.

may be special, 830.

words of present, constitute a lease, ib.

DEPARTING:

from realm or dwelling-house, with intent to delay creditors, act of bank-
ruptcy, 219.

DEPARTURE:

of vessel, on a particular day, 1005.
with convoy, 1008.

DEPENDENT-COVENANTS. See CONDITIONS PRECEDent.

DEPOSIT:

at sale by auction, when recoverable, 200.

the auctioneer should retain the deposit till sale is complete, ib.

question whether deposit is forfeited, on purchaser not completing, depends

on whole agreement, ib.

when purchaser may recover deposit and interest, 200, 1.

a special count for the interest must be added, 201.

auctioneer not liable for interest on the deposit, ib.

DEPOSITION:

in bankruptcy, evidence, when, 318.

of deceased witness, evidence of, ib.

where such deposition is not evidence, 752.
of Gentoo, 887.

DEPUTATION:

to gamekeeper, 914.

DESCENT:

statute 3 & 4 Will. IV. c. 106, concerning, 740, 1.

DETAINMENTS:

of kings and people, insurers liable for, 969.

DETENTION:

unlawful, how declared on, 919.

unlawful, new taking, ib.

DETERMINATION:

of suit, proof of, necessary, in action for malicious prosecution, 1075.
DETINUE:

where this action will lie, 660.

the goods, or value, may be recovered, ib.; but see 663.

DETINUE—continued.

property must be in plaintiff at the time of the action, 660, 1.

property without possession is sufficient, 661.

lies for specific goods only, ib.

defendant must be in possession, ib.

grounds of action, 662.

triable before the sheriff, 660, n.

declaration when for several articles, 662.

plea of non detinet, effect of, ib.

plea of lien allowable with it, 662, n.
other pleas to, 662.

judgment in alternative, 663.

but by C. L. P. Act, judge may order return of specific chattel, ib.

DEVASTAVIT:

what is such, 782.

DEVIATION:

nature and effect of, on contracts of insurance, 1015.

must be voluntary act of persons having management of ship, 1015, 6, 7.
unreasonable delay equivalent to, 1018.

intention to deviate not a deviation, 1019.

to succour vessel in distress, whether justifiable, 1020,

what will justify a deviation, 1018.

grounds of necessity, ib.

DEVISE. See WILL.

DEVISEE OF TERM:

what he must prove in ejectment, 741.

payments for, postponed to debts of deceased, 781.

DEVISEES:

liability of, upon bond made by testator, 619.

DIRECTORS:

of joint-stock company, drawing and acceptance of bills by, 359.
DISCLAIMER:

dispenses with notice to quit, 720.

DISCONTINUANCE:

in pleading, 4, n.

DISHONOUR:

of bill, notice of. See BILLS OF EXCHANGE.
DISPOSITION. See ORDER AND DISPOSITION.

DISSEISOR:

account does not lie against, 1.

DISTRESS:

formerly considered as a pledge only, 664.

goods distrained not liable to distress of another subject, 664, 5.
distress by common law, 665.

landford cannot distrain unless there has been actual demise, ib.
secus where tenant holds over after notice by landlord, ib.

in case of bankruptcy or insolvency of tenant only one year's rent can
be distrained for, 306, 666.

by prescription, ib.