BILLS OF EXCHANGE, &c.,-continued. acceptance by partners, 167, 168 directors of joint-stock, mining, and railway companies have no power to acceptance by agents, ib. nature of liability of acceptor in relation to other parties to bill, 173 what necessary to constitute title by, 169 how indorsement stated in pleading where intermediate transfers, ib. PRESENTMENT FOR ACCEPTANCE, 172 presentment of bill payable a certain time after sight, ib. PRESENTMENT FOR PAYMENT, 174 days of grace, ib. where presentment to be made, ib. depends on way in which bill accepted, ib. NOTICE OF DISHONOUR, ib. See infra, GENERAL DEFENCES, &c., under this what excuses from giving, 174, 178 circumstances excusing non-notice to be stated in pleading, 175 waiver of notice, ib. FORMS- statement of claim by payee of bill against acceptor, 164, 165 statement of claim by payee of bills against acceptor, and on original debt, 165-169 statement of claim by indorsee against acceptor, 169 statement of defence thereto alleging no consideration, 170, 171 reply thereto, 171 statement of claim by indorsee against acceptor on a bill payable at a parti- statement of claim by indorsee against drawer for default of accceptance, statement of claim by indorsee against drawer of bill, 173 statement of defence thereto, 173, 174 statement of claim by indorsee against drawer for default of payment, statement of defence to preceding claim, 176 statement of claim by payee against drawer for default of payment where statement of claim by payee against drawer for default of payment where statement of claim by holder against acceptor, drawer, and endorsers, statement of claim by acceptor of an accommodation bill, who has been what are foreign bills, 179 a bill of exchange primâ facie inland, ib. how foreign bills are drawn, ib. FORMS- statement of claim by indorsee against acceptor, 179, 180 statement of claim by indorsee against indorser, 180, 181 BILLS OF EXCHANGE, &c.,-continued. not negotiable at common law, 181 quare is note payable to maker's orders negotiable, ib. in action against maker no presentment need be averred, ib. aliter, if undertaking is to pay at a particular place, ib. in action on note payable on demand, no demand need be averred, ib. 182 maker and indorser may be joined as co-defendants under present practice, what necessary to state and prove in action against indorser, 184 FORMS- statement of claim by payee against maker for default of payment, 181, 182 statement of defence and counter-claim thereto, 182 reply, 183 rejoinder, ib. statement of claim by indorsee against maker, ib. statement of claim by indorsee against maker and indorser, 183, 184 notice (in lieu of statement of claim) where writ specially indorsed with statement of defence thereto, 185 reply, 185, 186 statement of claim by indorsee against maker on two notes, also stating CHEQUES (Bankers')— points of resemblance and difference between, and bills, 187 holder of, cannot compel banker to pay it, ib. effect of delay in presenting, for payment, ib. as to notice of dishonour on non-payment when presented, 187, 188 "crossing specially," ib. bankers liable if they pay, otherwise than directed by Act, ib. FORMS statement of claim by payee of cheque against drawer for non-payment, statement of claim by indorsee of cheque against indorser, 188 statement of defence thereto, 188, 189 statement of defence (to special indorsement and notice in action on cheque) statement of claim by bearer of crossed cheque against drawer for non-pay- GENERAL DEFENCES TO ACTIONS ON BILLS, NOTES, AND CHEQUES- this defence modified by C. L. P. Act, 1851, 191 want of consideration, ib. when not a defence, ib. illegality of consideration, ib. non-presentation, 192 BILLS OF EXCHANGE-continued. no notice of dishonour, 192 who entitled to, ib. what notice should contain, ib. who should give notice, ib. when to be given, ib. what days excluded from computation of time, ib. sufficient that notice is posted, 193 voluntary discharge, ib. giving time to party primarily liable in case of accommodation bills, ib. fraud a defence as between immediate parties, ib. aliter, as to claims by third parties, ib. BILL OF LADING, what is a, 194 made in parts, ib. what it contains, ib. indorsee of, may sue in his own name, ib. what title acquired by indorsement, ib. fraud prevents property passing by indorsement, ib. when bill of lading may be countermanded, 195 construction of clause as to non-liability for breakage, &c., ib. FORMS- statement of claim on, for injury to goods comprised in, 194-196 statement of claim in action on, for damage to goods in consequence of statement of claim by indorsees of, for price of goods sold as part of statement of claim by consignee for injury to portion of goods shipped and BOARDING HOUSE KEEPER. See INNKEEPER. when conditional, effect of illegality in condition, 199, 200 no particular form of words necessary to constitute a document a bond, 200 FORMS- statement of claim in action on annuity bond, 199, 200 statement of claim in action on bond to secure due performance of duty and BOOK. See COPYRIGHT. BREACH OF CONTRACT. See SALE; STOCK; WORK AND LABOUR. statement of claim for breach of contract by defendants to make a propeller statement of claim for breach of contract to construct ships, 202, 203 statement of claim on nearly the same facts, i.e., where no stipulation of statement of claim for breach of agreement to contribute to the expenses of statement of defence thereto, 206, 207 reply, 207 BREACH OF PEACE, assault in preventing, justified. See ASSAULT AND BATTERY. BREACH OF PROMISE OF MARRIAGE, promise need not be evidenced by writing, 207 but corroboration of plaintiff essential by 32 & 33 Vict. c. 68, s. 2, ib. what averments necessary in statement of claim for, ib. measure of damages for, ib. DEFENCES:- denial of promise, ib. promise conditional and condition unfulfilled, ib. discovery of immoral or depraved conduct on the part of the plaintiff since material misrepresentation by plaintiff of circumstances of family or exoneration, 207, 208 what sufficient evidence of, 208 statute of limitations, ib. what will not constitute a defence, ib. bodily infirmity of plaintiff supervening after promise, ib. insanity of plaintiff though unknown to defendant at time of promise, ib. that defendant was married at time of promise, if plaintiff was ignorant FORMS- statement of claim for breach of promise to marry, 207-208 statement of defence to preceding claim, 208, 209 statement of claim for breach of promise to marry and for breach of special statement of defence to preceding claim, that the promise and agreement BRIBERY, statement of claim for penalty for. See PENALTY. BROKER. See STOCKBROKER. BUSINESS, statement of claim for misrepresenting value of. See MISREPRESENTATION. CARRIER. See COMMON CARRIER. CASE, action on the. See LIMITATION. CATTLE. See AGISTMENT. injuries to, by dogs, &c., actions for. See FEROCIOUS ANIMALS. CERTIFICATE. See ARCHITECT; SOLICITOR. CHARTER-PARTY, definition of, 214 correlative rights and duties of charterer and shipowner, ib. in actions by shipowner he must allege and prove compliance with what constitutes a warranty or condition precedent, implied warranty of seaworthiness at commencement of the voyage, ib. demurrage, when action lies for, 215 CHARTER-PARTY--continued. as to delay occasioned by unforeseen events, 215 liability of parties as to loading and delivery where charter-party silent, ib. who may sue for, ib. pro rata freight, ib. lien for freight, 215, 216 shipowner has no lien for goods shipped for unliquidated damages for not FORMS- statement of claim by shipowner against charterer for not loading, statement of defence to preceding claim, 217 statement of claim for not loading (another form), 217, 218 statement of claim against charterer for not loading according to charter- statement of defence to preceding claim, 220, 221 statement of claim against charterer for balance of hire of vessel chartered statement of defence and counterclaim to preceding claim, 222, 223 reply to preceding defence, 223 rejoinder, 224 statement of claim by shipowner for expenses of discharging cargo, shippers statement of defence that ship did not go to place of destination, and that statement of claim in the alternative for balance of freight and damage for statement of defence to preceding claim that defendant exercised option to reply to preceding defence that notice of cancelment not given within statement of claim for difference between estimated amount of freight under statement of defence and counterclaim (for injury to goods) to claim (not statement of claim by shipper against shipowner for refusing the services of statement of claim against shipowner for delay and deviation, 233, 234 statement of claim for delay and deviation (another form), alleging loss by statement of claim for damage to cargo, the vessel not being staunch as CHEQUES. See BILLS OF EXCHANGE, &c.; BANKERS. CHOSE IN ACTION, formerly not generally assignable, 238 provision of Judicature Act, 1873, making them generally assignable, ib. must be absolute, and not by way of charge only, ib. |