ASSIGNMENT OF PERSONAL CON- TRACTS. Assignment of bonds and perso- nal covenants, 307. Assignee must sue in the name of the original obligee or covenantee, ib. Exceptions to the rule, ib. Bail bonds, ib. Replevin bonds, ib. Irish judgments, ib. Scotch bonds and India bonds, 308. signment of simple contracts, and right of ac- tion of the assignee, 309. Assignment and negotiation of bills of exchange and promissory notes, 309-312. Assignment of bills of lad- ing and West India dock warrants, 312. See Novation and substitution. ASSIGNMENT OF RENTS, nature and effect of, 303-305. Authentication of, 91. ATTESTATION of deeds, 10.
ATTESTED COPIES OF DEEDS, stamp on, 12
ATTORNEYS, liability of, on undertakings given by them on behalf of their clients, 378 -381. On a promise without reward to in- vest money for their clients, 845, 846. Gene- ral duties, obligations, and liabilities of attor- neys, 210, 211, 212, 768. See Principal and Agent.
ATTORNMENT, written evidence of, admis- sible without a stamp, 138. AUCTION, sale by, 39, 81, 118.
auctions, ib. Effect of misdescriptions of the thing sold, 116, 220, 221. Effect of a sale in several lots at separate prices, 116. And in one aggregate price, ib.
AUCTIONEER, his authority as agent for both vendor and purchaser, 81 82, 118. His au- thority to sign for both, so as to satisfy the statute of frauds, 118. His rights and liabi lities in respect of goods sold by him, 264,415, 418. His lien for the charges of the sale. 264.
AUTHENTICATION OF CONTRACTS. Nature and effect of authentication under seal, 2, 4. When it is necessary, 85, 90. Au- thentication by a signed writing, 91-147. When it is required, ib. Signature by agents, 117, 118. The authority to sign need not be in writing, 394. Of the stamp-
ing of contracts, 118-142. See Stamp, Frauds. AUTHORITY, written evidence of, admissible without a stamp, 136, 137. Of the authority of the agent to execute deeds, 256, 392. And to sign writings for his principal, 394. Of particular authorities and implied general au- thorities of agents to bind their principals, ex contractu, 395, 396-404. Also of married women to bind their husbands, 611-613. Of partners to bind one another, 477-479-481. And of directors of joint stock companies to bind the company at large, 531. An appa- rent general authority cannot be cut down or controlled by private instructions or a private agreement between the principal and agent, 401, 402. Revocation of authority, ib. Pub- lic announcement thereof, ib.
AUTHOR'S contracts between authors and publishers for the publication of a book on joint account, 457. Nature and effect of such contracts, ib. When the author is re- sponsible for the payment of the price of the paper, and the printing ordered by the pub- lisher, 495. When he is not so liable, 479, 480, 494, 496. Contracts between an au- thor and publisher for the writing of a book by the former for a certain sum to be paid by the latter, 759-769. Right of action of the author for the contract price when the pub- lisher incapacitates himself from performing his part of the contract, 760. See Taskwork, Printers, Publishers, Copyright.
AVERAGE. See General Average, Primage, and Average.
AWARD, covenants to abide by, 185. See Arbitration.
AWAY-GOING CROPS, tenant's right to, 678. See Landlord and Tenant. BAIL-BOND, assignment of, 307.-Action by the assignee, 308. See Bond. BAILMENTS FOR HIRE, nature and effect of, 769. Bailments of chattels to be used for hire, 718-723. See Letting and Hiring of Chattels. Bailments of chattels to be worked up, mended, or repaired for hire, 769. Liability of the bailee for injury to such chattels from neglect or unskilful execution of the work, 770, 767. Also for loss by rob- bery, fire, waste, or decay, 770, 771. Of the re- delivery of the articles, 772. See Taskwork. BAILMENTS WITHOUT REWARD. Of a deposit or simple bailment without reward, 829. Nature and creation of a deposit, 830. Right of action for the recovery of deposits, 835-838. See Bankers, Stakeholders. plied engagements and liabilities of the depo- sitary, 831. Of the safe keeping of the goods and chattels intrusted to him to be kept, 832 -834. Restoration of the deposit, 835-838. Liabilities resulting from the taking posses sion of goods by finding, 838. Implied en- gagements and liabilities of the depositor, 839.
Mandate or gratuitous commission, 839. Na- ture and creation of, 840-842. Liabilities and implied engagements of the mandatary, 842. Bailments of chattels to be carried from place to place gratuitously, 843. Bailments of chattels to he mended or repaired gratuit- ously, 844. Bailment of money for invest- ment, 845. Bailments of living animals to be fed and taken care of by the bailee, 846, 847. Bailments of perishable commodities, 848. Liability of the mandator, 849. Pay- ment of expenses, ib. Commodatum and mutuum or gratuitous loan, 850. Nature and creation of, 851. Liabili- ties of the borrower, 851-854. Restoration of the thing borrowed, 855, 856. BANKERS. Implied promise to honour check, 211, and to repay money deposited in their
hands, 835, 838. Deposit with bankers in the nature of a loan to them, 835, which must be repaid, although they have been robbed or defrauded of the money, 855. Liabilities of bankers to the payees of drafts and orders for the payment of money after they have as- sented to such drafts or orders, or have agreed to hold the money to the use of the payee, 250, 251, 63, 64-67, 315, 316. Re- vocation of such drafts and orders by the de- positor before the bankers have assented to them, 250, 251. Sums of money deposited by several persons jointly cannot be recalled by one of them, 835. Payment to one of several joint depositors does not discharge the bankers as against the others, 835-839. Of the right of action of bankers upon contracts to secure the repayment of advances, 435- 442, or the honesty and good conduct of clerks, 433-435, 287, 289, 562. See Joint Stock Banking Companies.
BANKING COMPANY, See Joint Stock Bank- ing Company.
BANK NOTE, exemption from stamp duty in favour of, 123. See Bill of Exchange, Pro- missory Note.
BANKRUPTCY, nature and effect of, 319. Transfer of the bankrupt's beneficial interest in contracts to his assignees, 320. Right of action of the assignees, 321-323. Right of action of the assignees upon the bankrupt's executory contracts, 324, and for the recovery of property conveyed or money paid away by the bank- rupt, 325, or lost at play, 326. Right of action of the assignees upon contracts made by the bankrupt during the bankruptcy, 327. Of the joinder of all the assignees as plain- tiffs in actions upon the bankrupt's contracts, 328. Of the right of action of the asssignees upon contracts in which the bankrupt is in- terested in right of his wife, or in which he has a joint interest with other persons, 329. Debts due to the wife, and the wife's choses in action do not pass to the assignees, 310. Transfer to the assignees of the bankrupt's interest in a partnership. 311. Of the join- der as plaintiffs of the assignees of joint con- tractors who have become bankrupt, 332. Of the appointment of new assignees, 332-334. Right of action of the trustee under the Scotch Bankrupt Act, 329. Commissions of bankruptcy against firms in partnership. 332. Right of action of THE BANKRUPT, 322. A bare legal title or interest, unaccompanied by any beneficial interest, does not pass to the assignees, 322. Right of action of a bank- rupt trustee, 322, or of a bankrupt who has no beneficial interest in the contract on which he sues, 323. Right of action of the bank- rupt upon contracts entered into by him during the bankruptcy, 326, 327. Of the bank- rupt's right to the earnings of his own per- sonal labour during the bankruptcy, 328. Of the right of action of a bankrupt upon con-
tracts entered into by him during a third bankruptcy, 329. BANKRUPTCY OF ONE OF SEVERAL PARTNERS, effect of on the rights and lia- bilities ex contractu of the co-partnership, 311. Actions must be brought in the names of the assignees and the solvent partners, 311. Right of the assignees to use the names of the solvent partners to obtain possession of the bankrupt partner's share in the choses in action of the copartnership, 331, 332, cannot be divested by a release by the bankrupt, ib. BANKRUPTCY OF JOINT CONTRAC TORS. Of the right of action of the as- signees under separate commissions against joint contractors, 332. BANKRUPTCY OF PARTNERS. commissions against firms in partnership, 332. Right of the assignees to recover the separate debts due to each partner as well as the joint debts of the whole firm, ib.
BARGAIN AND SALE of lands, 14, 15. Of chattels, 40.
BARON AND FEME. See Husband and Wife. BARRISTERS, 214, 758. BET. See Wager.
BETROTHMENT, contracts of, 574. Nature and effect of the contract, 575. Need not be in writing nor be stamped, 578. Right of action on, 576. Liability on, 577. Time of performance, 578. Extent and duration of the liability, 579. Conditional promises of marriage, 579, 580. Avoidance of the con-
tract by misrepresentation and deceit, 580, 582. Discharge of the engagement by the misconduct of either party, 581, 582. Dis- pensation of the contract 583. What amounts to a sufficient excuse for its non-performance, 583, 584. Dissolution of the contract by mutual consent, 584, 585.
BIDDINGS at Auctions, 39. See Auction. BILLS OF EXCHANGE AND PROMIS- SORY NOTES, nature and incidents of, 309 -312. Stamp, 120-123, 140. See Stamps. Of the consideration, 26. Oral evidence of want of consideration, 25. Available only as between the immediate parties, 26. Failure of the consideration as between the imme- diate parties, 201. Effect of partial failure, ib. Alteration of bills and notes, 139, 140. 162. Construction and interpretation of bills and notes, 164, 166. Transfer thereof by indorsement and delivery, 309. Of the different kinds of indorsement, their nature and effect, 310-312. Rights and liabilities on bills and notes 280-282, 375, 376, 381, 382. Right of action thereon of agents, 262. Liabilities thereon of agents, 376, 381, 415, 416. Rights and liabilities of partners, 279, 482, 488. Effect of changes in the members of the firm by death, retire- ment, &c., 280. Bills of exchange drawn by one partner on another, 465, or by one part- ner on the firm at large, 460, or by a share-
holder in a joint stock company upon the company or the directors thereof, 527, 532, 533, 564. Bills of exchange drawn by the directors of completely registered joint stock companies, 292, 532, 533, or incorpo- rated joint stock banking companies, 564, or by infants, 858. Rights and liabilities of assignees of bankrupts on bills and notes pay- able to or by the bankrupt, 323, and of a husband on bills and notes payable to or by his wife before or after marriage, 338, 610, 612, and of executors and administrators on bills and notes payable to or by their testator or intestate, 359, or to or by themselves as personal representatives, 360, 361, 382. Bills and notes payable to one man to the use or on behalf or for the benefit of another, 262, 381, or made, accepted, or indorsed on be- half of a third person, 381, or by persons who describe themselves as "executors," tees," "commissioners," &c., &c., 381, 382. Accommodation bills and notes, 26. Liabi- lity of the maker, acceptor, or indorser to a bona fide indorsee for value, 26, 27. The right to recover the amount paid on the bill or note, 230. Effect of a promise to pay a bill over-due. 237. Discharge of a principal by taking a bill or note from his agent. 405, 406. Acceptance of a bill from one of seve- ral partners, 482-486. Of the number of the plaintiffs and defendants in actions on bills and notes. See Joint and Separate Rights of Action. Joint and Several Liabi- lities.
BILL OF LADING, nature and effect of, 61, 779. Transfer of property by, 61, 62. Right of action on, 263 Payment of freight under, 417, 782, 783. Liability on and parties to be made defendants, 779. See Freight. BILL OF SALE, requisites of 69, 204. Effect of
not following it up by a transfer of the posses- sion of the things sold, ib.
BLANKS in a deed or written contract, effect of, 13, 14, 151. If material blanks left in a deed are filled up after the execution of the instru- ment, the deed must be redelivered and re- stamped, 13, 139. Effect of filling up blanks in simple contracts, 140, 162. Effect of leav- ing blanks in contracts, 151. When the con- tract will be read as if the word omitted had been duly inserted, 151, 160, 164. BOARD AND LODGING, implied promise to pay for, 217, does not arise as between near relations, 738. (See Service with Relations) Liability of an actual or reputed husband for the board and lodging of his actual or reputed wife, 628-636, 639, 640. Liability of infants and lunatics for board and lodging, 861-863, 873, 874. Board and lodging of prostitute, 640, when the price thereof cannot be recovered, ib. BONDS, nature and requisites of, 2, 5, 157, 158. Stamps on, 119, 120. Penal obligations, 169. Construction and interpretation of bonds, 146-158. Mistakes and blanks in, how recti-
fied and supplied, 151. Bonds obtained by fraud or duress, 145, or procured from infants, 858, or given by agents or trustees, 369, 393, or to them for the use or on behalf, or for the benefit of their principals, or cestui que trust, 169. Joint and several bonds, 271, 272, 285. Bonds to or by firms in partnerships, 279, 280, 281. Of the parties to be made plaintiffs in actions upon such bonds, 280, 281. Liabilities thereon, 269, 372. Ascertainment of the parties to be made defen- dants, 373. Extinguishment of the liability by reason of changes in the constitution of the co- partnership, 435-437. Assignment of bonds, 307, 308. See Assignment, Bankruptcy, Hus- band, Executors.
BOOK. See Author, Copyright. BORROWING AND LENDING, nature and effect of the contract of, 850. Right of action of the lender, 855, 856. General duties, obliga- tions, and liabilities of the borrower, 851. His liabilities greater and more extensive than those of the hirer of chattels, 853. He is responsible for the slightest breach of trust, 852, but not for inevitable accidents, 853. Countermand of loan, 856. See Bailment without reward, Horses, Car. riages, Ships.
BORROWING AND LENDING BY WAY OF MUTUUM. See Mutuum. BOUGHT AND SOLD NOTES, nature and effect of, 82, must correspond, 83. Discrepancies between them and the entry in the broker's books, 83. Signature thereof by brokers, ib. Stamp, 526. BROKER'S, agency of, 82, are the agents of both vendor and purchaser, ib. Their right of action for the price of goods sold by them, 263, 264. Policy broker's right of action on policy, ib. His liability, 425. See Agent. BUGS, nuisance of, rendering houses uninha- bitable, 684, 724, does not justify a lessee of an unfurnished house in quitting possession and re- fusing to pay rent. 683-685, aliter in the case of demises of ready furnished apartments, 719, 724, 725. BUILDING CONTRACTS, nature and effect of, 755. Of the construction and interpretation of building contracts, 184-192. Of the right of action for the contract price, 194. Production of the architect's certificate, 184. Effect of the non-completion of the building by a time speci- fied, 198, 763, 205. Effect of deviations from the contract, 215, 216. Of the abandonment of the special contract, and the builder's right to charge by measure and value, 215, 217. His right to charge for extras, 216. What are deem- ed to be extras, 217. Useless and defective work, 765, 766. Reduction of the contract price by reason thereof, 199-201. Destruction of the work before payment, 760-763. Approval of the work, 764. Liabilities of the builder for negligence and want of skill, 766, 767-769. See Taskwork.
CALLS cannot be lawfully made by the direc- tors or managers of provisionally registered joint stock companies, 506. Of the liability for
donment of a damaged cargo and non-payment of freight, 783.
CARPENTERS, their rights and liabilities in respect of work done by them, 214-217, 759 -771.
CARRIAGES, letting and hiring of, 718. Im- plied warranty on the part of the lessor, 719. His liability to pay for inevitable expenses incur- red by the hirer in repairs, 721. Liabilities of the hirer, 721-723. Of the use of the thing let, 722. See Borrowing. CARRIERS FOR HIRE NOT BEING COM-
MON CARRIERS, 791. Contracts for the letting and hiring of the work of carrying, 791. Liabilities of persons who undertake the work of carrying merchandize on the high seas, for hire, 792. Of the delivery of the goods to the carrier to be carried, 809. Damage to goods by the way, 793. Loss of goods by robbery, fire, or accident, 794, 797, 798. Loss by the act of God, the perils of the sea and the dangers of navigation, 795. Delivery of the goods at the place of destination, 798, 799. Limitation of the responsibility of owners and part owners of ships by statute, 799-801.
Liabilities of Carriers by Land not being com- MON CARRIERS, 801. General duties, ob- ligations, and liabilities of carriers of pas- sengers by land, not being common carriers, 801. Carriers of goods by land, 802. Loss of goods by the way, 802. Of the delivery of the goods by the carrier, 803. Of the parties to be made plaintiffs in actions against carriers for loss of or damage to goods, 251, 252, 254. CARRIERS OF PASSENGERS, 194, 805. Liabilities ex contractu of carriers of passengers for hire, 805, 806, 808. Loss of passengers' luggage, 810. Of the rights of persons taking places by coach, 804, 805. See Common Carriers.
CASUAL POOR. Liability of parish officers for necessaries and medicines furnished to, 389. CERTIFICATE. Bankrupt's certificate under second commission, 339.
CESTUI QUE TRUST cannot sue at com- mon law, 242, 243.
CHARACTER, representations as to, how to
be authenticated in order to create a right of action, 95. CHARITIES AND CHARITABLE INSTI- TUTIONS. Liabilities of the trustees, mana- gers, and directors thereof, 381, 383-391. CHARTER PARTY, nature and effect of, 776, 777. Stamp, 119, 120. Construction and interpretation of, 165, 166. When the contract
amounts to a demise of the ship, 776, 777, and when it is merely a contract for the carriage of merchandize, 777. When the naming of the port of destination by the charterer is a con- dition precedent to the shipowner's liability to send out the vessel, 184. When the departure of the vessel at a time specified is a condition pre- cedent to the liability on a covenant to provide a return cargo, ib. Interpretation of covenants to provide cargo, 191, 782. Rights and liabili- ties of the shipowners and master upon the ordi- nary form of charter party, 777–779, 238 - 244. Rights and liabilities of the charterer, 779. Payment of freight, 780-782. See Freight. Payment of demurrage, 783, 784. See Char- terer. General Average. Carriers. CHARTERER, liability of for stores furnished for the use of the vessel. 779. Liability of for freight, 780, 781. See Freight, Charter Party, Demurrage, General Average and Contribution. Liabilities of a charterer who enters into sub-contracts with third parties for the conveyance of merchandize on board the vessel, 792. See Carriers on the High Seas. CHATTELS, sale of, 40-84. Letting and hiring of, 718-723. See Goods and Chat- tels.
CHEQUE, payment of by bankers, 211. See
CHOSE in ACTION, assignment of, 307. Right of action of the assignee, 306–308. Parties who ought to be made plaintiffs in such actions, 305. Husband's right to recover possession of his wife's choses in action, 337, 338. His liability thereon, 610. Extinguish- ment of choses in action by novation and sub- stitution, 312-317.
CHURCH WARDENS, liabilities of, 338, 389, 391. One churchwarden has no implied au- thority from the mere tenure of office to bind his colleague, ib. CIVILITER MORTUUS, who may be said to be, 342, 343. Effect of, 637, 638. See Hus. band.
CLUBS, liabilities of the members of managing committees of clubs upon the contracts, and for the debts and engagements of such com- mittees, 385. Of the non-hability of the sub- scribers in respect thereof, ib. Liabilities re- sulting from orders given by the steward, 355, or one only of the members of the committee of management, 387.
COACHMAKERS, right of action of, for the price of work done, 759-766. Liabilities of, 766-771. See Taskwork.
COACHMAN, letting and hiring of, 738. See Master and Servant.
COACH PROPRIETORS, what constitutes a partnership between, 450, 451. Rights and liabilities of, inter se, 463, 470, 471, and quoad third parties, 480, 495. Of the severalty of interest and separate liabilities of coach pro- prietors, 480. Of the authority of one of them to bind another by his contracts, ib. Letting
and hiring of carriages and coaches, 719-723.
See Carriages. COGNOVIT, 2, 5. No stamp necessary if it is a mere acknowledgment, 134. Aliter if it be an agreement, or contains terms or conditions for the payment of money by instalments, ib. COHABITATION. Liabilities resulting from the contracts of kept mistresses, 639, 640 COLLECTOR, liability of for the repayment of money obtained by extortion, misrepresenta- tion, or deceit, 232-234. He cannot be sued in respect of money received, if his principal or employer has the least colour of right to the money, 423-428. See Agent. COMMISSION of bankruptcy. See Bank- ruptcy.
COMMISSIONERS of public works, roads, &c. 383. Right of action of commissioners of turn- pike roads, 289. Liabilities of commissioners of public works, 383-391.
COMMITTEES. See Clubs, Joint Stock Com- panies, Charities.
COMMODATUM, or gratuitous loan, 850-856. See Borrowing.
COMMON CARRIERS, definition of, 803. General duties, obligations, and liabilities of common carriers, 804. Rights of persons taking places by coach, 804, 805. Carriage of passengers by railway, 805. Common car- riers of goods, 806. Of the delivery of goods to common carriers, 809. Liabilities of com- mon carriers for loss of or injury to the goods by the way, 807-809. Loss of passengers' luggage, 810. Of the delivery of the goods at the place of destination, 811. Notices of ac- tion to railway companies, 812. Limitation of the common carrier's liability by express contract, 813. Carrier's notices, ib. Effect of, 815-818. Notices on railway tickets limiting the liability of railway carriers, 818. Waiver of the notice, 819. Carrier's act, 820 -824. Construction of, 825. Carrier's lien, 826, and charges, 827. Railway charges, ib. 828.
COMPANY. See Joint Stock Company. COMPOSITION DEED, stamp on, 139. Com- position with creditors, 229, 230. CONCEALMENT OF DEFECTS in things sold, effect of, 219-221, 223, 224, and in things hired, 684-687, 719. Concealment by agents, 407, 412. Principal responsible for, 408, 409. Concealment on the part of the principal and not of the agent, effect of, 411-414.
CONCEALMENT OF RISK in cases of in- surance and of contracts for the carriage of merchandize by common carriers, 816-818, 825. CONDITIONS, 183-205. Effect of part per- formance of, 186. Entire and indivisible con- ditions, 187. Divisible conditions 188-192. See Consideration. Mutual conditions, 201 -205. Accomplishment of conditions, 204,
205. When a tender or offer to do a thing equivalent to actual performance, 205. CONSIDERATION in the case of deeds, 1, 5, 14-16-in the case of simple contracts, 2, 3, 4, 17-39. When requisite to sustain the contract, 15, 16, 18. Good and valuable con- siderations, 27-39, 246-254, 308. Insuf- ficient and nugatory considerations, 21-24. Illegal and void considerations, 24. Failure of consideration, 24. Disclosure of the consi- deration on the face of a simple contract in writing, 107-109, 113. Performance of the consideration, 193. No beneficial service no pay, ib. Entire and indivisible considera- tions, 194-196. Divisible and apportionable considerations, 196-201. Of the doctrine that the consideration must move from the plaintiff, 245-254. See Parties to Actions. What is a sufficient consideration to sustain a promise, 246-254. Consideration of benefit to the defendant and loss to the plaintiff, 246, 247. Forbearance of legal proceedings, 308. CONSIGNOR AND CONSIGNEE. Of the
right of action of the consignee for the loss of goods delivered to a carrier to be carried, 251 -254. He is in general the only party enti- tled to sue the carrier, 252. The consignor may sue if he is the owner of the goods at the time of the loss, ib., or has entered into a spe- cial contract with the carrier for the carriage of the goods, 253. Liabilities of the con- signee, 782, 783, 785.
CONTINGENT INTERESTS, grants and assignments of, 90.
CONTRACT. Authentication of contracts, 3, 86-142. Legal force and effect and inter- pretation of contracts, 143-182. See Deed, Simple Contract, Consideration. CONTRIBUTION between co-sureties and joint-contractors to their common liability, 210, 227, 228, 230, 447, 448. Contribution between partners, 472-474. Contribution between members of the committee of manage- ment of provisionally registered joint stock companies, 508. Contribution between the subscribers and shareholders after complete registration, 534. Contribution between share- holders of joint stock banking companies, 565, 566.
CONTRIBUTION AND GENERAL AVER- AGE. See General Average and Contribu- tion.
CONVOY, stipulation as to sailing with, in poli- cies of insurance, effect of, 165. COPARCENERS, right of action of, 273, must sue jointly for the recovery of rent due to them, ib. Distress for rent by coparceners, 690.
COPYRIGHT, sale or assignment of, 95, (s.) CORPORATIONS. Effect of incorporation at common law, 290, 552. Of the right of action of corporations upon contracts made with the body corporate, 291, 292. Rights of corpora- tors inter se, 292, 293. Liabilities ex con-
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