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Crossed cheques

Amendment Act,1932 (22 & 23 Geo. 5, c. 44); Slingsby v. Westminster Bank Ltd., (1931) 1 KB 122, affirmed sub nom. Lloyds Bank Ltd. v. Savory & Co., 1933 AC 201; see also 'NOT NEGOTIABLE.' If the

De praerogative regis

De praerogative regis, the statute 17 Edw. 2, st. 1, which enacts, in affirmance of the Common Law, that the King shall have ward of the lands of natural fools, taking the

Debt

action of debt lay where a person claimed the recovery of a liquidated or certain sum of money affirmed to be due to him; and it was generally founded on some contract alleged to have taken place

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Ei incumbit probatio, qui dicit, non qui negat: cum per rerum naturam factum negantis probatio nulla sit

dicit, non qui negat: cum per rerum naturam factum negantis probatio nulla sit.-(The proof lies upon him who affirms, not upon him who denies; since, by the nature of things, he who denies a fact cannot produce

Exemplary damages

on the ground (amongst others) of excessive damages was discharged by the High Court. The Court of Appeal affirmed this judgment, but laid it down that the Court had power to refuse a new trial on the

Ejusdem generis

For a discussion of the rule, see Tillmanns & Co. v. S.S. Knutsford, Ltd., (1908) 2 KB 385, affirmed, (1908) AC 406. For instances of the application of the rule, see Maxwell or Hardcastle on Statutes; Leake

Evidence

App Cas 150. (2) The point in issue is to be proved by the party who asserts the affirmative; according to the maxim affirmanti non neganti incumbit probatio. See BURDEN OF PROOF. (3) It will be sufficient

Hire

consideration, since the Common Law does not furnish any direct recognition of them. But it may be safely affirmed that they are so consonant with general justice, and with the nature of the contract, that, in the

Converse

far the most fertile source of purely syllogistic fallacies is the tendency of the mind to convert universal affirmatives without limitation.'-Bain's Logic, Deduction, p. 114.

Foreign Attachment

by the Recorder of London, in the reign o Edward IV., to be, that if a plaint be affirmed in London before, etc., against any person, and it be returned nihil, if the plaintiff will surmise that

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