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individually, the legal consequence is the same as if the object of the parties were the most charitable and benevolent, though the result may be practically very different, in exciting an improper prejudice in the minds of the jury when the evidence is laid before them for their consideration. Such an intended association constitutes no agreement to share in profits or loss, which is the characteristic of a partnership; it would be absurd to suppose that such a relation could be meant to be created by any of those who consented to act. Could it be imagined that a person would agree to be a partner not only with those who were then named committee-men, but any that should afterwards be named by themselves, or by the projector of the company? and could those subsequently agree to become members, suppose that those previously named could ever have so intended? The truth is, the agreement to become a provisional committee-man means neither more nor less than what the words express, viz., an agreement to act on the provisional committee in carrying into effect the preliminary arrangements for petitioning parliament for a bill, and so to promote the scheme. If afterwards the provisional committee man does act, he is responsible for his acts. (Ante, 383-385-391, 515517.)

But there are other cases in which the question does not assume so simple a form; and where there is evidence that the defendant has not only consented to be a provisional committee-man, but has authorised his name to be inserted in a prospectus, not generally, but a particular prospectus, in which, in some cases, certain persons are described as the acting committee, in others solicitors are named, or engineer, or a secre tary. If such a prospectus has been so publicly circulated with the defendant's consent, (ante 497, 498,) that the jury would presume the plaintiff knew of it, or if the plaintiff has had it shown to him at or before the time of making the contract, and has in either case acted upon it in making the contract, (ante, 499,) the question is, what inference ought a reasonable man to draw from the contents of that paper? This must of course depend upon the terms of each particular prospectus. prospectus states merely the names of the provisional committee and nothing more, and no light can be derived from the context, that circumstance does not alter the liability of the defendant. If not responsible as being one of that committee in fact, he cannot become so by the representation of the fact. If it states the names of the acting committee also, where that has been appointed, is the meaning that the acting committee is to take the whole management to the exclusion of the provisional com

mittee, their provisional character having ceased, in which case the provisional committee would not be liable? (ante, 518;) or does it mean that the provisional committee-men have appointed the acting committee, or the majority of it, on their behalf, and as their agents, in which case they could be liable for the contracts of the acting committee, or the majority, made as agents? (Ante, 519.) Again, does it mean where the solicitor's name is mentioned, that such persons would be regularly employed in that character, by those of the committee who acted, or that he was already appointed by all whose names are mentioned, as their solicitor, to do all solicitor's business on their behalf? and then would arise a further question, what was the business, at the time of the contract usually transacted by solicitors for companies intending to obtain an act of parliament, and on behalf of the company? which is a question of fact to be proved by evidence." (a)

LIABILITIES OF THE REGISTERED

PROMOTERS OF JOINT STOCK COMPANIES AND MEMBERS OF PROVISIONAL COMMITTEES OF MANAGEMENT INTER SE.

To the paragraph of page 508 should be added the following passage. And it has recently been holden that a registered promoter of a provisionally registered railway company, who is appointed secretary by a provisional committee of management, cannot maintain an action against an acting member of such committee, for his salary, or for services rendered in the formation of the company, unless he can show that the latter had contracted in his individual capacity to pay him; there being no more reason for allowing one of the promoters, who has acted as secretary, to sue the committee or the members thereof for salary, than for allowing them to sue such secretary for remuneration for their trouble, attendance, and services as committeemen. And if the committee, or promoters of the project have appointed one of their own members or co-promoters, their secretary, and have collectively entered into an express contract to pay him a certain remuneration, such co-provisional committeeman or co-promoter cannot maintain an action against the committee at large, or any individual member thereof upon such contract, for being himself one of the com

(a) Pollock, C. B., delivering the judgment of the Court of Exchequer in Regnell v. Lewis and Wyld v. Hopkins, 10 Jur. 973; 16 Law J., N. s., (Exch.,) 30. Barker v. Stead, 11 Jur. 90, 91.

mitteemen or projectors, he has in effect appointed himself, and is therefore both employer and employed, and would be both plaintiff and defendant in the action. (Ante 459, 460.) But if any one or more of his co-committeemen or co-promoters contract with him individually, (ante 460-465,) he would then be entitled to sue them upon the contract. (a)

(a) Wilson v. Lord Curzon, 11 Jur. 47. 16 Law J., N. s. Exch. Day v. Sharp, 7 Law Times, 62. 11 Jur. 18.

INDEX.

ABANDONMENT of a damaged cargo, 783.
ABATEMENT, plea of, 875,876. When an action
brought by husband and wife does not abate
by the death of the husband, 337, 348.
ACCEPTANCE of goods sold within the statute
of Frauds, 71-75, 77-80. Part acceptance
and receipt of goods sold, 78. Acceptance of
a guarantee, 114. Acceptance of a delivery
order, 62-68. Acceptance of money orders,
drafts, and bills of exchange, 120-123, 209
-312, 314-317, 375-381, 382. See
Offers, Delivery Orders, Novation and sub-
stitution.

ACCEPTILATION, nature of, 3.
ACCOMMODATION BILLS AND NOTES,

26. Liabilities of accommodation maker, ac-
ceptor, or indorser, 26, 27. His right to be
repaid the amount he has been compelled to
pay on the bill or note, 230. See Bills of ex-
change and Promissory notes.
ACCOUNT between partners, 466-476.
ACCOUNT STATED, 236. What amounts to
evidence of an account stated, 236, 237.
I. O U. evidence of, ib. Implied promise to
pay the amount due, ib. Account stated be-
tween partners, 237, 467-471. Ratification
by adults of an account stated during infancy,
870. See Infants, Lunatics.
ACKNOWLEDGMENTS under seal, 2, 3, 4,

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action of, 361, 362. See Executors. Admi-
nistrator de bonis non, 364, 365. Administrator
durante minore ætate, 363. Joinder of ad-
ministrators in suing, 361.

ADMISSION, written evidence of, admissible

without a stamp, 133-135. Effect of, 160,
161. Admission of partnership, effect of, 499.
Admission by agent when it binds the prin-
cipal, 411.

ADULTERY, effect of, 623, 628, 629.
AFFREIGHTMENT, contracts of, 776. See
Charter Party, Freight.

AGENTS, right of action of, upon contracts en-
tered into by them for their principals, 256,
262, 263. Contracts by agents who have an
interest or a special property in the subject
matter of the contract, 263. Factors, auc-
tioneers, policy brokers, &c., 263, 264, 265.
Liabilities of AGENTS upon contracts under
seal, 369-372, 393, 394. And upon simple
contracts, 374-382. Agreements and under-
takings in writing by an agent whose repre-
sentative character is not disclosed on the face
thereof, 414. Bills of exchange and promi-
sory notes signed by agents without qualifica-
tion of their liability, and without a disclosure
of the agency, 415. Effect of a declaration
of the agency upon the face of the contract.
416-418. Of the immunity from liability of
agents buying and selling on behalf of a known
principal, 419, 420. Liability of a person who
contracts as agent, but without authority, from
his supposed principal, 420, 421. And of an
agent who contracts on behalf of an irrespon-
sible principal, 421, 422. Liability of the
agent in respect of money received by him in
the name of his principal, 423-428. General
duties, obligations, and liabilities of the agent,
211, 212, 428, 745, 766-771, 772-775,
845-849.

AGISTERS OF CATTLE, 774, 775.
AGREEMENTS. See Simple Contracts. Stamps.
Agreements in consideration of marriage, 95.

Agreements not to be performed within a year.
96. Agreements for a tenancy, 138, 142.
Agreements for leases, 163. Agreements ex-
empt from stamp duty. 129.

ALIEN AMI, right of action of, 342, 637.
ALIEN ENNEMI has no civil rights, 342.
Rights and liabilities ex contractu of the wife
of an alien ennemi, 343, 637.
ALLOTMENT, sale of letters of, 541-543.
ALLOWANCES to incoming tenants, 152. To
married women living separate from their hus-
bands, 636.

ALTERATION of deeds, 13. Of simple con-
tracts, guarantees, bills, notes, &c., 162. Of
the restamping of altered contracts, 139, 140.
See Stamps.

AMBIGUITY, latent, 148, 149. Patent, 149,
150. See Interpretation.
ANNUITY, nature of, 303. Distinction between

a rent and an annuity, ib. Assignment of
304. Right of action of assignee of, ib.
ANNUITY DEEDS, nature and requisites of,
12, 303. Inrolment, 13. Stamp, 119 In-
terpretation of covenants to pay annuities,
189, 190. Covenants to pay an annuity to
divers parties in certain specified shares and
proportions, 270. When the parties have
a joint interest in one entire annuity, ib.
When they have several interests in separate
annuities due to each, 271.
APARTMENTS. See Furnished Apart-

ments.

APPOINTMENT, written evidence of admissible
without a stamp, 136, 137. Appointment of
agent. See Principal and Agent, Autho-
rity.

See

APPORTIONMENT of rent as between the
heir and the personal representative, 355.
Apportionment of freight, 780, 781.
Freight. Apportionment of wages, 743, and
of the contract price for work aud labour, 199
-201, 759-766. Apportionment not al-
lowed when the contract is entire and has not
been abandoned or rescinded, 186, 194–196,
761. Aliter when the contract is divisible
and apportionable, 196-199, 762. Or has
been abandoned, 213, 214. Or the employer
has retained the benefit of the work, 215, 765.
See Taskwork.

APPRAISEMENT. See Distress.
APPRENTICESHIP, contracts of, 747. Na-
ture and requisites of the contract, 12, 25, 26,
752, 753. Authentication of the contract,
748. Stamp on apprenticeship deeds, 11.748,
749.

Disclosure on the face of the contract of
the consideration or premium given with the
apprentice, 12, 748. Penalties for the nondis-
closure thereof, ib. Liabilities of the parties
to the contract, 749. Liability ex contractu
of an infant apprentice by the custom of Lon-
don, 749. Liability of the infant's sureties,
750. Liability of the master, ib. Payment
of wages, 751. Dissolution of the contract, ib.
General duties, obligations, and liabilities of

the master and apprentice, ib. Discharge of
the apprentice by award of justices, 751. Pa-
rish apprentices, 752, 753. Liabilities of per-
sons who seduce apprentices from their mas-
ter's service, 215.
ARBITRATION DEEDS, requisites of, 185.
Stamp, 119. The deed must be mutually
binding upon all parties, 185, and must there-
fore be executed by all, ib. Avoidance of the
deed by the bankruptcy or insolvency of one
of the parties prior to the award, ib.
ARBITRATOR, right of, to remuneration, 214,

758.

ARCHITECT, right of action of, for his com-
mission, plans, and specifications, 764. See
Taskwork.

ARREARS OF RENT pass to the personal re-
presentative, 354. See Rent.
ARTIFICERS, rights and liabilities of, 759—
771. Lien for the price of their work, 775.
See Taskwork.

ASSENT of parties to contracts, 37-39, 577,
872.

ASSIGNEES OF BANKRUPTS AND IN-
SOLVENTS, right of action of, 319-332.
Appointment of, 332-334. See Bankruptcy
and Insolvency.

ASSIGNEES OF ESTATES, 297, 321, 336,
349, 354. Of the right of action of the as-
signee of a term of years against the original
lessor upon covenants for title, quiet enjoy-
ment, repairs, &c., 297. Of the right of ac-
tion of the assignee of a reversion upon cove-
nants by the original lessee, grantee, or tenant,
to pay rent to repair or cultivate and manure
lands granted or demised to him, 298, 299,
301. Liabilities of assignees of terms of years
and for life, and of assignees of reversions upon
covenants annexed to the estates holden and
enjoyed by them, 296-303, 321, 336, 349,
354. See Covenants running with the land,
Surrender.

ASSIGNEES

OF PERSONAL CON-
TRACTS. Of the right of action of the as-
signee of a personal covenant, bond, or simple
contract, in the name of the assignor, 306—
308. When the assignee may sue in his
own name, 308, 309-312. Assignees of Re-
plevin bonds, Scotch bonds, India bonds,
Irish judgments, Bills of exchange, Promis-
sory notes, &c. See Assignment of Personal
Contracts.

ASSIGNEES OF RENTS, right of action of,
303. Of the distinction between a rent and
an annuity, 303-305. An action of debt
when maintainable by the assignee of a rent,
304. An action of covenant not maintainable
by the assignee unless there be either a privity
of estate or a privity of contract, 304, 305.
ASSIGNMENT, change of interest by, 295-
312. See Estates, Leases, Medicines, Patent
rights.
ASSIGNMENT OF CONTRACTS REAL
See Covenants running with the land.

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