INDEX.

ABATEMENT,

pleas in, abolished. See PLEADINGS.

ACCEPTANCE,

under 17th section of Statute of Frauds. See SALE OF GOODS.

ACCIDENT. See NEGLIGENCE.

not necessarily evidence of negligence, 461

ACCOMMODATION BILL. See BILLS OF EXCHANGE.

ACCORD AND SATISFACTION, 105

what constitutes, ib.

accord without satisfaction or satisfaction without accord no defence, ib.
payment of a smaller sum no satisfaction for larger amount, ib.

aliter where greater amount unliquidated, ib.

acceptance of, by one joint creditor binds others, ib.

an answer to action for libel. See DEFAMATION.

FORMS-

statement of defence of, to action for negligence, 105, 106

reply to preceding defence alleging fraud and misrepresentation, 106

statement of defence of, to action for malicious prosecution, 431
statement of defence of, to action for breach of warranty, 642

where no time of engagement agreed on principal may revoke authority, 108
unless agent has authority coupled with interest, ib.

AGENTS-continued.

bound to exercise reasonable amount of care and skill, 108

mercantile, have implied authority to sell at such times, places, and prices
as they think advantageous, ib.

not generally liable for price of goods sold on credit, 109

aliter, if del credere agents, ib.

FORMS. See forms under COMMISSION.

statement of claim in action against agent for selling on credit contrary to
instructions, and for selling at lower price than directed, 108-110
statement of defence and counterclaim to preceding claim, 110-112
reply, 112

rejoinder, ib,

statement of claim, in action against agent for not accounting or paying
for goods consigned to him for sale, alleging alternatively a del credere
liability, 112, 113.

statement of claim in action by agent for losses on sales and re-sales for
defendant, 113, 114.

FORMS-

statement of claim for loss of cattle through negligence and misconduct of
agister, 114-116

statement of defence to preceding claim, 116-118

reply, 118, 119

AGREEMENT,

as to mode of setting out in pleading. See PLEADING.

ALTERATION,

effect of, on a contract, 119.

instances of alterations which vitiate, ib.

when made by a stranger, ib.

effect of, when made by mutual consent, ib.

FORMS-

statement of defence of, to action on deed or written contract, ib.
statement of defence of, to action on promissory note, 184

ALTERNATIVE PLEADINGS. See PLEADINGS.

not bound after 21, ib.

covenants by master and bondsman independent, ib.
master bound to maintain apprentice though ill, 120, 121
master may moderately chastise, 121

APPRENTICE-continued.

FORMS-

statement of claim in action by master for misconduct of apprentice on
covenant in indenture, 120, 121

statement of defence and counter-claim to above, 121, 122

reply and demurrer to above, 122, 123

ARBITRATION. See AWARD.

ARCHITECT,

liability of, when engaged to determine disputes between builder and
employer, 123

is only liable for fraudulently withholding certificate, ib.

and not for mere error in discharge of duty, ib.

FORM-

statement of claim by builder against architect for fraudulently withholding
his certificate, 123-125

ARREST.

See MALICIOUS ARREST; FALSE IMPRISONMENT.

ASSAULT AND BATTERY,

definitions and illustrations of, 125

negligent act may be, ib.

justification of, ib.

self-defence, ib.

defence of one's house or land, 126

moderate chastisement, ib.

constables executing warrants, ib.

a ground for action or prosecution, ib.

where case finally determined before justices, prosecutor precluded from
suing, ib.

if amounting to a felony, quare whether plaintiff precluded from suing, ib.
FORMS-

statement of claim for assault (with claims for trespass and trover com-
bined), 125-127

statement of claim against railway company for assault by their servants,
127, 128

statement of defence to preceding claim, that the assaults were committed
in restraining plaintiff from entering a carriage when in motion, and in
removing him for disorderly conduct, 128

statement of claim for assault by schoolmaster on pupil, 129

statement of defence to preceding claim that pupil was moderately and law-
fully chastised for disorderly conduct, 129, 130

statement of claim against constable and surgeon for indecently assaulting
a female prisoner, 130

statements of defence, ib.

ASSIGNEE. See CHOSE IN ACTION; BANKRUPT; LANDLORD AND TENANT.

statement of claim in action against ship-owner for not preparing a proper
average statement, 131, 132

statement of claim in action for average on sale of a wrecked cargo, 132, 133

liability of defendant to be held to bail or arrested on capias not taken
away by Abolition of Imprisonment for Debt Act, 135

modification of the law on the subject, ib.

FORM-

statement of claim in action on recognisance against bail, ib.

BAILMENT,

what constitutes a, 136

liability of hirer of chattels, ib.

implied authority, to expend money in repairing chattels, .
liability of gratuitous borrower of chattels, 136, 137

liability of pawnbroker, 137

liability of gratuitous mandatory, ib.

liability of paid mandatory, ib.

two classes of, ib.

liability different with reference to each, ib.

FORMS-

statement of claim in action for misusing horse and dog-cart hired by defen-
dant, 136, 138

statement of claim in action for injury to goods in furnished apartments by
lodger, 138

statement of defence and counterclaim to preceding claim, 138, 139

reply, 139, 140

rejoinder, 140

statement of claim in action for negligent keeping of furniture whereby
it was burned, 140

statement of claim for negligence of bailees (two defendants) in not taking
proper care of wine in their warehouse, 140, 141

statements of defence to preceding claim, 141, 143

statement of claim for negligence of bailees in not properly packing silk,
143, 144

statement of defence to preceding claim, 145, 146

BANKERS,

liability of, for dishonouring customer's cheque, 146

in the case of branch banks, ib.

as to right of party other than customer to sue banker, 147

liability of, for payment of forged cheques, ib.

as to payment of cheques which bear forged indorsements, ib.

FORMS

statement of claim against bankers for dishonouring a customer's cheque,

146-148

statement of claim against bankers for dishonouring customer's cheque,
setting out special undertaking that it should be paid, 148, 149
statement of defence to preceding claim, 149, 150

statement of claim in action by bankers to recover money paid by mistake,

151, 152

BANKING COMPANIES,

how they sue and are sued, 102

BANKRUPTCY,

actions by trustees in, 153
property vested in trustee on, ib.
relation back of title, ib.

name in which trustee to sue, ib.

what interests of bankrupt pass to trustee, 154
rights of action for breach of contract pass, ib.
when rights of action for tort pass, 154, 155
order and disposition clause, 155

when trustee may affirm or disaffirm dealings of the bankrupt, 155, 156
protected transactions in, 156

ss. 94 & 95 Bankruptcy Act, 1869, their effect, ib.

when execution creditor protected, 156, 157

trustee and solvent partner suing together, 157

claims by trustee in, may not be joined with claims in any other capacity, ib.
defences to actions by trustees in, 157, 158

payment to person who has committed act of bankruptcy, when good
against creditors, ib.

mutual credits-set-off, 157, 158

what claims may be set-off, 158

actions by trustees under liquidation, ib.

relation back of title of, ib.

actions against bankrupts, ib.

when bankruptcy a defence, ib.

liability for debts incurred by fraud notwithstanding discharge, 159

when composition a defence, 158, 159

when liquidation by arrangement a defence, 159

FORMS-

statement of claim by trustee in bankruptcy for debt due to bankrupt,
153-157

statement of claim by trustee in liquidation, 158-160

statement of claim by trustee in bankruptcy for damages for breach of con-
tract made with the bankrupt, 160

statement of claim by trustee of Scotch sequestration registered in London
Bankruptcy Court, 161, 162

DEFENCES-

statement of defence to claim (not given) that defendant's creditors accepted
a composition, 162, 163

reply thereto, 163

statement of defence of liquidation by arrangement, 163, 164

reply thereto, 164

BATTERY. See ASSAULT AND BATTERY.

BEASTS,

that gain the land. See DISTRESS.

BETTING. See WAGER.

BILLS OF EXCHANGE, &c.,

choice of remedies on, 164, 165

provisions of Bills of Exchange Act, 165, 166

claim on bill may be combined with claim on original debt, 166

advantage of suing under Bills of Exchange Act, ib.

ACCEPTANCE-

provisions of 19 & 20 Vict. c. 97, s. 6, as to acceptance, ib.

conditional acceptance, 167

effect of acceptance of blank bill, ib.

three forms of acceptance, and effect of each, ib.