of husband, 219. of wife, 218. after-acquired property, liability of, 189. must be either express or implied, 205. no implication of, by law, 203. revocation of by death or lunacy, 204, 205. question of fact in each case (Debenham v. Mellon), 205. allowance adequate, husband not liable, 208. ante-nuptial contracts: so as to be contributory in winding-up, 174. right of wife to sue on, 177. personal labour and skill contracts, 177. relating to arbitration, 178. relating to property, 178. ante-nuptial debts: what are, 203. husband and wife may be jointly sued for, 202. udgment, form of, for, 175. property available to satisfy, 175. liability of wife for, 174. liability of husband for, 201. to extent of property acquired through wife, 201. marriage, effect of, on, 174. anticipation, restraint of, how far good against ante-nuptial debts, 176. payment of costs out of estate notwithstanding, 187. appointment, power of, not liable for ante-nuptial debts, 176. arbitration, agreement to refer to, binds separate estate, 178. authority of, from husband, 203. revocation by husband's death, 204. or his lunacy (Drew v. Nunn), 205. bankrupt, cannot be made (Coulson, Ex parte), 188. contracts of: binding wife's separate estate, 179. whether existing at date of contract or not, 180. binding husband as his agent, 203. husband and wife, contracts between, 214. personal liability, none (Scott v. Morley), 187. personal skill, &c., for, 186. power to make, before Act of 1882, limited, 214. costs payable out of or to separate estate, 187. coverture: defence of, mode of setting up, 193. MARRIED WOMEN-continued. coverture--continued. special defence in County Court, 193. divorce, effect of, 207. drunkard, spouse habitual, protection against, 199. execution against, 189. discovery in aid of, 190. raud of, 181. foreign marriages, 193. household expenses: wife ordinarily not liable for, 182. husband: however rich she may be (Chard v. Jervis), 182. exceptions for excess of authority, 183. husband's liability for, as for agent (Debenham v. Mellon), 205. injunction, not given against, 187. insurance on her own or husband's life, 192. judgment against separate estate, form of (Scott v. Morley), 189. protection order, 199. separation deed, 216. adultery, effect of, on, 218. annuity under, provable in husband's bankruptcy, 218. covenants independent, 219. creditors, validity of against, 218. damages against co-respondent bar to, 217. divorce, facilitation of, avoidance by, 216. not bar to action for, 217. fraud, brought about by, void, 216. molest, covenant not to, 217. pecuniary covenants, 213. reconciliation, avoids deed of, 219. trustees not necessary for, 216. separate estate: death of, dissolves contract of service (Farrow v. Wilson), 504. enticement of servant, action for, 510. illness of servant, 507. implied promise of obedience, 501. liability for injury to servant: at common law, 500. under Employers' Liability Act, 1880...500. preferential claim to wages on insolvency, &c., 504. secrets of master, not to be disclosed, 482. statutory regulations of contracts between, 498. jurisdiction of justices, 498. payment of wages in coin, 499. Employers' Liability Act, 500. "contracting out" of (Griffiths v. Earl Dudley), 500. to what notice servant entitled, 505. dismissal without notice, 508. for speculation (Pearce v. Foster), 506. for incompetence (Harmer v. Cornelius), 506. when contract should be written, 78, 504. MAXIMS, LEGAL, caveat emptor, 344 (q). ex antecedentibus et consequentibus fit optima interpretatio, 91. executio juris non habet infuriam, 170. ex nudo pacto non oritur actio, 20. expressum facit cessare tacitum, 43. falsa demonstratio non nocet, 94. in pari delicto potior est conditio defendentis, 551. magis de bono quàm de malo lex intendit, 88. modus et conventio vincunt legem, 558. noscitur a sociis, 92. omnis ratihabitio retrotrahitur, et mandato priori æquiparatur, 20, 234. qui facit per alium, facit per se, 221. quoties in verbis nulla est ambiguitas, ibi nulla expositio contra verba verba cartarum fortius accipiuntur contra proferentem, 102. verba debent intelligi cum effectu, ut res magis valeat quàm pereat, 87. verba generalia restringuntur ad habilitatem rei vel personam, 92. verba intentioni debent inservire, 86. vigilantibus et non dormientibus succurrunt jura, 575. MEASURE, sale by statutory weight or, under Weights and Measures Act, 362. MEASURE OF DAMAGES, in action for non-repair of demised premises, 320. generally (Hadley v. Baxendale), 712. And see DAMAGES. MEDICAL MAN, apothecaries, status of, 489, 490. fees, right to, if registered only, 490. for service of unregistered assistant, irrecoverable, 490. implied contract of, for skill, 491. against breach of confidence of patient, 491. physician, status of as to fees, 489. apothecaries sheltered by advice of, 491. damages for loss of special fees by railway accident, 420. striking off register, 490 (0). MEMORANDUM OF AGREEMENT, what is, so as to require stamp, 129. Statute of Frauds, 76. requirement of, signed by, in what cases, 76. MENIAL SERVANT, agreement for hire of, need not be stamped, 135. MERCANTILE CONTRACTS, how to be construed, 90, 110. meaning of expressions in, may be shown by parol evidence, 110. MERCANTILE LAW AMENDMENT ACT, consideration for guarantees, need not be stated, 75, 454. MISTAKE --continued. in quantity of sold goods delivered, 351. in written agreement, parol evidence to explain, 108. of fact, money paid under, recoverable, 60. though with means of knowledge, 60. money paid to agent, 61. forged cheque, 62. money paid into wrong bank, 62. voluntary payments, exception for (Bize v. Dickason), 62. exceptions, in equity, 63. in bankruptcy, 64. in winding-up company, 64. generally, when paid to officer of Court, 64. purchase of wrong lot at auction by, 296. self-deception of buyer, acquiescence of seller in, 345 (c). MODUS ET CONVENTIO VINCUNT LEGEM, 558. MONEY lent, action to recover, 520. by "money-lender," 553. payment of and mode of, 623 et seq. receipt for, and stamp on, 636, 646, 664. tender of, mode of, 665. "MONEY HAD AND RECEIVED," Ch. III., s. 3, p. 50. action for, nature of, 50. against sheriffs, 70. against stakeholders, 57. between principal and agent, 56. to recover debt transferred by creditor's order on debtor to pay plain- to recover fees of office received by an intruder, 69. to recover money obtained by fraud, 64. to recover money obtained by oppression or extortion, 66. to recover money paid by mistake of fact, 60. though with means of knowledge, 60. contract to indemnify bail (Herman v. Jeuchner), 68. to recover money unjustly recovered at law, 68. actual receipt of money by defendant should be proved, 51. exceptions for cases of estoppel, &c., 52. cestui que trust cannot, in general, maintain action for, against trustee, privity, between plaintiff and defendant, must be proved, 52. when plaintiff may waive tort and bring action for, 53, 65. MONEY-LENDERS' ACT, 1900, definitions of "Money-Lender," 554. relief of borrower against harsh terms, 553. "MONEY PAID" at request of defendant, 43. action for, when maintainable (Britain v. Lloyd), 43. plaintiff must have paid money, 43. to use of defendant at his request, 44. implied request, 44, 48. compulsory payments, recovery of (Edmunds v. Wallingford, 45. to avoid distress for rent, 46. repayment of costs of lease, 46. payments on bill of exchange, 47. legacy duty, 46. repair of bridge, 46. |