6
5
Index. ACT101^—cojiti7ivfid.
Attorney-General, consent before action necessary in certain cases, 23 information by, 3 auctioneer, against, for resale in error, action founded on tort, 49 See AucTiOK and Auctioneees. bankruptcy, cause of action vesting in trustee, 21, 55 convict, of, effect on application of Forfeiture Act, 1870... 30 defence to provable debt, 21 motion by trustee, when not an action, 5 petition, presumption of damage, 13 trustee's right of action for felonious torts against bankrupt, 29 barratry, 52 Board of Trade, action against, for detaining ships, 18 {^) carrier, against, for delivery after notice to stop in transitu, 49 special assumpsit lay formerly, 37 cause of action, 6 meaning within Common Law Procedure Act, 1852... champerty, 53 Charity Commissioners, leave of, to sue, when necessary, 23 charity as excuse for maintenance, 53 conditions precedent to action, 22 26 consent before action necessary in certain cases, 22 conspiracy, old action for, 41 constable's warrant, demand for inspection of, 26 consuls, no diplomatic privilege, 20 contract and tort, importance and mode of distinction, 48 50 conversion, when demand necessary, 23 convicts, subject to Forfeiture Act, 1870. ..29 costs, decree in matrimonial cause, order for payment of costs not a final ju ment, 3 execution, of, not "costs of action," 5 (.?) " extra costs " from unfounded legal proceedings not natural damage, 14 libel action, of, agreement to indemnify against, 54 security for, by plaintift: in High Court without visible means, 48 solicitors' agreement to charge nothing for, not maintenance, 54 solicitors' bill of, delivered one month before suing on it, 23 counterclaim against foreign Sovereign, 19 when treated as an "action," 4 county court, remission of actions from High Court, 48 what actions cannot be commenced in, 49 {k) Crown, no action against, 17 except in certain colonies, 18 set-off against, 18
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—
servants, 18
by bankruptcy petition, 13 by criminal charge, 13 unnecessary where private right infringed,
damage, presumption proof
of,
remoteness
of,
of,
7
16
when essential for cause of action, 9 alsque injuria, 10 16 act of state, 14 Act of Parliament, act authorised by, 14 common peril, defence against, 12 defamatory statements, privileged, 12 fatal injuries, 12 legal proceedings without malice, 13 seduction, 11 trade rivalry, 11 use of name, 11 user of land, 10 defamatory statements, privilege, "absolute" and "qualified," 12 definitions, 2 statutory, 3 demand before action necessary in certain cases, 23 de minimis non curat lex, 16 detinue, old form of action, 41, 44 when demand necessary, 23 diplomatic ofiicers, privilege of, 19 embracery, old action of decies tantum, 41 error, old action of, 45
—
damnum
—
(
2
)
