DEED-continued.

extrinsic evidence in support of, or in opposition to,
234-8

execution of, by agent, 1135

DEFAMATION. See LIBEL-SLANDER.

DISHONOUR, 741, 742. See BILLS AND NOTES.

DISSEISIN, 263

DISTRESS,

by whom made, 470

when made, 471, 472
how made, 473-5

sale of, 476, 477

what may be taken, 478

lodgers' goods, 479-481a

distraining in an unauthorized way, 482

goods fraudulently removed, 483

DISTRESS-continued.

excessive distress, 484

for damage feasant, 1260

tender of sufficient amends, 1261

duty of persons impounding animals, 1262

DISTURBANCE,

putting down an affray, 17, 54

of franchise, 297

of common, 298

of right of way, 299

of tenants, 300

of patronage, 301

DITCHES, 451, 460

DIVORCE, 385-394

DOCK WARRANT,

countermand of, 1251

DOCTOR. See MEDICAL MEN.

DOCUMENTS. See EVIDENCE.
right to inspect and copy, 1434
notice to produce, 1435, 1436
notice to admit, 1437
of a ship, 1006

DOGS,

ferocious, 31-3

injuries to, 310

destruction of game by, 314

injuries by dogs to sheep or cattle, 311-313

DOVEHOUSE,
waste in, 287

DOWER,

title to, 372

writ of right of dower, 1298

dower unde nihil habet, 1298

DRAIN, 271, 272, 463, 464

DRIVING,

furious or careless, 35, 1071-4, 1292
duty in, 36

DURESS,

written instruments obtained by, 234

EASEMENT, 438. See NEIGHBOURING PROPRIETORS.

EJECTION, 13, 14. See EJECTMENT.

EJECTMENT, 513, 514, 1298, 1325, 1326

ELEGIT, 823, 831

EMBARGO, 992

EMPLOYERS AND EMPLOYED,

MASTER AND SERVANT.

obligation to remunerate, 142

responsibility of an employer for the acts or negligence of
the person employed, 1069-1084. See 43 & 44 Vict.
c. 42, Appendix, page 643.

responsibility of person employed, for his want of care,
knowledge or skill, 1086

when the employer may withhold pay, 1086
employing another person's task-workman, 1098
non-commencement or non-completion of work in time,

1100

ENTRY, 14, 16, 1255

ESTOPPEL,

not generally caused by simple contract, 152

by conduct or expressions, 1282

judgment an estoppel, 1333

EVIDENCE,

direct and indirect, 1378, 1379

primary and secondary, 1380

general rule as to the kind of evidence to be adduced,
1381

keeping back a higher evidence, 1381

admissibility of secondary evidence, 1381

kind of secondary evidence which is receivable, 1385
extrinsic evidence, 1386

hearsay evidence, 1387

on matters of public and general interest, by declarations
of deceased persons, &c., 1388

of pedigree, by such declarations, &c., 1389

declarations of deceased persons, in other cases, 1390,

EVIDENCE-continued.

entries or memoranda, 1392

opinions of witnesses, 1393

self-serving and self-disserving evidence, 1394
how much evidence is requisite, 1395

sufficiency of one witness, 1396

duty to give evidence, 1397

against public policy, 1398

privileged communications, 1399, 1400

tending to expose to a prosecution, penalty, or forfeiture,
1401

persons incompetent to give, 1402, 1403

of parties and their wives, 1404

in support of action for breach of promise of marriage,

1404

objection to evidence on account of the character of the
witness, 1405

persons having a pecuniary interest, 1406

burden of proof, 1407, 1408

acknowledgment of receipt of money, 1409

plaintiff must prevail by the strength of his own case,

1410

substance of issue must be proved, 1411

what may be rejected or is unnecessary, 1412

of the character of the parties, 1413

admission by a married woman or a guardian, 1412
in another proceeding, 1414

presumption,

different kinds of presumptions, 1415

of knowledge of law and of the consequences of acts,

1416

of that which is usual, 1417

of that which is right, 1418

from possession or receipt of rent, 1419

of receipt of letter, 1421

of payment, 1422

of continuance of the same state of things, 1423

with reference to life or death, 1424

as to stamp, 1425

proof of deeds, wills, and other documents, 1426-

1430

from ancient documents, 1420

of contract, 231, et seq.

how judgment as to handwriting may be formed, 1431
right to have context read, 1432

from a record, 1433

EVIDENCE-continued.

right to inspect and copy documents, 1434
notice to produce documents, 1435, 1436
notice to admit documents, 1437

EXCAVATION,

injury by, 302, 440, 441

EXCHEQUER BILLS,
transferable, 645

EXECUTION. See DEBTOR AND CREditor.
right of execution creditor, 517, 830, 831

EXECUTORS AND ADMINISTRATORS,
defined, 1041

who may be, 1042

acts before probate or administration, 1043
personalty vests in, 1044

effect of transfer to, by a bank, 1045

liable to creditors and legatees, 1044

rights of executors or administrators to damages, cove-

nants, or duties, 41-4, 1046

right of retainer, 1047

liability in matters of contract, 1048

in matters of tort, 1051, 1051a

presentment, notice of dishonour, transfer, and payment
of bills and notes, 1050

where personally liable, 1052, 1053

promise by, to answer damages out of their own estate,

159

distribution of the assets, 1055

of a deceased partner, 620, 621, 624, 625

payment to one, 857

action for a distributive share or legacy, 1056

executor de son tort, 1058-1060