we do decree the said right honourable Augustus John Hervey to be admonished to desist from his boasting and asserting that he was contracted to or joined with the said honourable Elizabeth Chudleigh in matrimony as aforesaid: and we do also pronounce, decree, and declare, that the said right honourable Augustus John Hervey ought by law to be condemned in lawful expenses made or to be made in this cause on the part and behalf of the said honourable Elizabeth Chudleigh, to be paid to the said Elizabeth Chudleigh or her proctor and accordingly we do condemn him in such expenses, which we tax at and moderate to the sum of £100 of lawful money of Great Britain, besides the expense of a monition for payment on this behalf by this our definitive sentence or final decree, which we read and promulge by these presents. "J. BETTESWORTH. "ARTH. COLLIER. "PET. CALVERT. "WM. WYNNE." INDEX. ACCEPTANCE of an estate, estoppel by, 4 possession, estoppel by, 241, note (g) by landlord, estoppel arising from, 261 person having no title, raises no estoppel, 239 ACCEPTOR OF BILL, liability of, under Bills of Exchange Act, 1882, 284, 285, 296 by bankrupt in commission of bankruptcy, effect of, 341, 342 insurance company, by accepting notice of assignment of bonds, non-payment of calls by shareholder, effect of, 346–348 partners in forfeiture of shares, effect of, 346, 348 suffering judgment, effect of, 342 surety, effect of, 349, 350 trustee in trading of bankrupt, effect of, 351-353 waiver of rights, effect of, 343 effect of, in estoppel by representation, 309 examples of estoppel by, 341–353 in forgery of signature, effect of, 350 in order that an estoppel may arise, there must be, an agreement or licence, if rights are to be abandoned, 341 a duty to speak, or assert a right, 349, 350 knowledge of the thing acquiesced in, 350 principle of estoppel by, 344, 345 public rights cannot be waived by, 343, note (ƒ) FF ACQUITTAL cannot be pleaded as an estoppel in a subsequent action, 113 foreign, effect of, in England, 161 is not, as a rule, evidence in civil cases, 112, 113 ACTION against magistrate, conclusive effect of conviction in, 22 estoppel by authorising settlement of, 319 for maliciously conspiring to obtain foreign judgment in rem, signing judgment, conclusiveness of judgment in, 22 in foreign court, effect of pendency of, see Lis pendens. in personam, meaning of, 75, 159, 160 in rem, meaning of, 75, 159, 160 of ejectment, nature of, 23 trespass formerly no bar to action in detinue or account, 31 ACT OF PARLIAMENT, conclusiveness of certificate of commissioners under, 99 recital in, 39 statement in schedule in, 39 if Private, does not bind strangers so as to prejudice their interests, 39 is a record, 39 no estoppel in face of, 40, 200, note (i) persons may not defeat object of, 198-200 persons may waive provisions of, if intended for their benefit, 199 ACTS OF DIRECTORS, ratification of, by shareholders, 210. See Directors. ADMINISTRATION, grant of, effect of, 76, 85-87 exclusive jurisdiction of ecclesiastical courts in, 406 foreign letters of, conclusive effect of, in England, 85, note (q) ADMINISTRATOR, action by A. suing as, no bar in subsequent action by A. suing as estopped by verdict against his intestate, 53 ADMINISTRATRIX, action by A. suing as, no bar to subsequent action by A. suing as ADMIRALTY, adjudications in, 76, 82, 83 conclusive effect of sentences in, 422, note (ƒ) condemnations of vessels in, their operation as judgments in rem, courts of, subject to prohibition in case of excess of jurisdiction, 102 cases of collision in, effect of, 83 maritime lien in, effect of, 83 on claims of salvage in, effect of, 83, 159 judgment in personam in, no bar to subsequent action in rem, 59, 83 ADMIRALTY, FOREIGN SENTENCES OF, are judgments in rem, 159, 183 cannot be pleaded as an estoppel on collateral matters, 186, 400 in England, in actions on policies of insurance, as to the if pronounced in dominions of a co-belligerent, notwithstanding the premises that led to the adjudication, 187 enforced in England on principles of comity, 183, note (i). grounds for decision must be clearly stated on face of sentence not conclusive as to the premises that led to the adjudication, 186 not recognised in England, if pronounced in dominions of neutral on what collateral matters they are evidence, 185, 186 presumed to have been pronounced on ground of vessel being reason for conclusiveness of, on collateral matters, 184, 185 reasons for are examinable, if any ambiguity is apparent on face of when not conclusive, 187 ADMISSIBILITY of depositions in other actions, rule as to, 55, note (~) ADMISSION, by conduct explained, 3 conclusion arising from, a definition of estoppel, 2 |