CHOSE IN ACTION-continued. express notice of assignment to be given to debtor, ib. debtor, &c., may interplead where assignor disputes assignment, or where may interplead before action brought, 238, 239 nothing to be deemed an assignment under Act which would not formerly cheque is not assignment by drawer of amount in banker's hands to credit debtor in action on assignment of debt may set off claim against original but may not make it the subject of a counterclaim, ib. FORMS- statement of claim in action on debt assigned under 25th section of Judica- statement of defence to preceding claim setting forth rescission, payment reply to preceding defence, 242, 243 CLAIM, STATEMENT OF. See PLEADINGS. CLERGYMEN, the 34 & 35 Vict. c. 44, enables clergymen permanently incapacitated to pension a charge on revenues of living and recoverable from incumbent, ib. FORMS- statement of claim by, for possession of rectory and glebe lands, 244-246 CLERK, notice to which entitled. See WRONGFUL DISMISSAL. COLLISION, statement of claim against pilot for negligence causing. See NEGLIGENCE. COMMENCEMENTS AND CONCLUSIONS OF PLEADINGS. INGS. COMMISSION. See AGENTS. all agents impliedly entitled to, by engagement, 247 See PLEAD- amount of, in absence of stipulation, determined by usage of trade, ib. as to shipbroker's commission, ib. as to house agent's commission, ib. right to, how affected by death of principal, ib. right of agent to, where authority revoked otherwise than by death, where agent employed to find purchaser at a given price, finds one, but when agent may claim beyond, for services, ib. FORMS- statement of claim for commission by house agent, 247, 248 COMMISSION-continued. FORMS- statement of claim by several plaintiffs in the alternative for commission on statement of claim by shipbroker for commission on finding a charterer, 250 statement of claim for commission by army agent on effecting regimental statement of claim for commission upon valuable contract procured by aid COMMON CARRIERS, who are, 254 liabilities of, at common law, ib. bound to carry all goods offered to them, if reasonable charge tendered, and to deliver them within reasonable time, ib. are insurers of the goods entrusted to them for carriage, ib. and liable for loss occasioned in any way except by the act of God and the meaning of the expression "act of God," ib. liability for injuries to live stock during transit, 254, 255 not liable for injuries caused to goods by ordinary wear and tear or nor for natural decay of perishable goods, ib. may limit their liability by special contract, ib. statutory modifications of liabilities of, 255-259 provisions of 11 Geo. IV. & 1 Wm. IV. c. 68 (Carriers Act), 255-257 to give receipt for the increased charge, 256 Act not to protect carrier against felonious act of his servant, ib. decisions as to what packets and articles within Act, 257 not protected under Act where delay the ground of action, ib. if value not declared, carrier not liable for gross negligence of his ser- nor semble of carrier himself, ib. aliter, where loss through wilful misfeasance or stolen by carrier's provisions of 17 & 18 Vict. c. 31 (Railway and Canal Traffic Act), railway companies, &c., may make reasonable conditions (reasonableness test for determining reasonableness of conditions, 258 railway companies, &c., not liable beyond specified sums for certain the sums or rates to be notified as prescribed by Carriers' Act, ib. company not exempt by reason only of consignor not having signed provisions of Act only apply to carriage of goods, &c., over lines worked COMMON CARRIERS-continued. provisions of 31 & 32 Vict. c. 119 (Regulations of Railways Act, 1868), 258 decisions on, ib. where carrier should deliver, ib. not liable as such for safety of goods after constructive delivery, ib. measure of damage where delay in transmission, 259, 260 in case of refusal to carry, same rule as to damages applies as in case of when value of contract lost by default of carrier may be recovered, ib. as to notice of prospective profit, ib. semble, notice should be so given as to make it a term of contract with what damages cannot be recovered, ib. remoteness, ib. cases on, ib. who entitled to sue for loss, &c., 260, 261 special property entitles sender to sue, 261 DEFENCES- value not declared, &c., 11 Geo. IV. & 1 Will. IV. c. 68, 261 fraudulent concealment of value or risk, ib. COMMON CARRIERS BY SEA, shipowner and master of ship liable at common law as insurers, 261 statutory modifications of liability of, 262 provisions of 17 & 18 Vict. c. 104, exempting shipowner (not master) from and for loss by robbers, or embezzlement of certain articles, unless true neither shipowner nor master liable for loss occasioned by default of pilot, shipowner not liable beyond so much per ton of ship's tonnage, by 25 & CARRIERS OF PASSENGERS- liability of, less than that of carriers of goods, 262, 263 extent of liability of, 263 issuing passenger ticket evidence of contract to carry within reasonable liability of, in respect of passengers carried on a free pass, ib. for passengers' luggage, ib. where passenger takes merchandise as personal luggage, 263, 264 measure of damages, 264 passenger not entitled to general damages for derangement of or loss in but may recover charges for other means of conveyance and hotel expenses as to remoteness, sec Hobbs v. London & South Western Rail. Co., DEFENCES- denial of negligence, ib. contributory negligence, ib. See NEGLIGENCE. in case of luggage, that passenger took it under his personal care, 264 COMMON CARRIERS-continued. DEFENCES- where luggage deposited in cloak room, and ticket with conditions limiting effect of such conditions as a defence in action for loss of luggage, 265 FORMS- statement of claim in action against carrier for non-delivery of part of goods statement of defence to preceding claim, 264, 265 statement of claim against carriers for injury to goods during transit, 265, statement of defence to preceding claim, setting out Carriers' Act, and non- statement of claim against carrier for non-carriage, and alternatively for statement of defence-denial that defendant was a common carrier, 267, statement of claim against railway company for delay and non-arrival of statement of defence to above, setting up special contract, 269, 270 statement of claim by railway company for carriage of coals on a special statement of defence to preceding claim, 273 reply to preceding defence, ib. statement of claim against a lighterman for injury to goods during transit, statement of defence to preceding claim, 275, 276 statement of claim against carrier by sea for non-delivery of part of goods For statements of claim, &c., in the case of injuries to passengers, COMMON INDEBITATUS COUNTS ABOLISHED. See PLEADINGS. how they sue and are sued, 102 COMPOSITION. See BANKRUPTCY. COMPOUND INTEREST, form of claim for, 206 COMPROMISE OF SUIT IN DIVORCE COURT. See ILLEGALITY. CONCEALMENT. See FRAUD; INSURANCE; SALE. CONCLUSIONS OF PLEADINGS. See PLEADINGS. CONDITIONS PRECEDENT, provision of Common Law Procedure Act, 1852, allowing plaintiff or de- nor provision thereof prohibiting general denials of such perform- FORMS- allegation of performance of, 226. And see passim, Forms under INSURANCE CONSTABLES. See FALSE IMPRISONMENT; MALICIOUS PROSECUTION; CONTINUING BREACHES. See LANDLORD AND TENANT. CONTRACT, BREACH OF. See BREACH OF CONTRACT. CONVERSION. See TROVER. COPYHOLD, suits by devisees of, for recovery of land. See RECOVERY OF LAND. COPYRIGHT, statutes regulating, in books, 277, 278 statutory definition of "book," 277 decisions under statutes, ib. statutes regulating, in engravings, sculptures, models, copies, and casts statute regulating, in paintings, drawings, &c., ib. statutes regulating, in dramatic and musical works, ib. as to rights of alien authors, ib. FORM- statement of claim for infringement of copyright of book, by selling copies CORPORATIONS, COSTS, how they sue and are sued. See PARTIES. statement of claim against corporation of borough for negligence. See where executor fails in plea of ne unques executor. See EXECUTOR AND not allowed to plaintiff in actions on judgments without order of the statement of claim for breach of, by husband to pay annual sum to trustee statement of defence to preceding claim that the covenant was entered into statement of defence to preceding claim, 280, 281 covenants to cultivate according to. See LANDLORD AND TENANT. |