CHOSE IN ACTION-continued.

express notice of assignment to be given to debtor, ib.

debtor, &c., may interplead where assignor disputes assignment, or where
there is any other opposing or conflicting claim made to debt, ib.

may interplead before action brought, 238, 239

nothing to be deemed an assignment under Act which would not formerly
be either a legal or equitable assignment, 239

cheque is not assignment by drawer of amount in banker's hands to credit
of payee, ib.

debtor in action on assignment of debt may set off claim against original
creditor, ib.

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-
ture Act, 1873, 238, 239

statement of defence to preceding claim setting forth rescission, payment
into court of part, and denial of performance of a condition precedent,
239-242

reply to preceding defence, 242, 243
rejoinder, 244

CLAIM, STATEMENT OF. See PLEADINGS.

CLERGYMEN,

the 34 & 35 Vict. c. 44, enables clergymen permanently incapacitated to
resign their benefices, and are thereon entitled to pension of one-third of
the value of the benefice, 246

pension a charge on revenues of living and recoverable from incumbent, ib.
pension not assignable, ib.

FORMS-

statement of claim by, for possession of rectory and glebe lands, 244-246
statement of claim by clergyman who has resigned his benefice for payment
of pension under 34 & 35 Vict. c. 44, 246

CLERK,

notice to which entitled. See WRONGFUL DISMISSAL.

COLLISION,

statement of claim against pilot for negligence causing. See NEGLIGENCE.
statement of claim against railway company for negligence causing, ib.

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.
where commission payable (by agreement) on sale, none payable unless
sale, 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,
247, 248

where agent employed to find purchaser at a given price, finds one, but
principal then refuses to sell, what amount claimable, 248

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
the sale of a steamer, 249

statement of claim by shipbroker for commission on finding a charterer, 250
statement of claim by auctioneer and valuer for commission on a sale,
250, 251

statement of claim for commission by army agent on effecting regimental
exchange, 251, 252

statement of claim for commission upon valuable contract procured by aid
of the plaintiff, 252, 253

COMMON CARRIERS,

who are, 254

liabilities of, at common law, ib.

bound to carry all goods offered to them, if reasonable charge tendered,
ib.

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
Queen's enemies, ib.

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
friction, 255

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
carrier by land not liable for loss, &c., of specified articles, if above 10.
in value, unless value declared at time of delivery to carrier, 255-256
carrier may demand increased charge, 256

to give receipt for the increased charge, 256
general notices limiting liability invalid, ib.
special contracts not affected by Act, ib.

Act not to protect carrier against felonious act of his servant, ib.
carriers by land and sea within Act as to land journey,

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-
vant, ib.

nor semble of carrier himself, ib.

aliter, where loss through wilful misfeasance or stolen by carrier's
servants, ib.

provisions of 17 & 18 Vict. c. 31 (Railway and Canal Traffic Act),

railway companies, &c., may make reasonable conditions (reasonableness
to be determined by Court) respecting the receiving, forwarding, &c.,
of animals, articles, &c., 257

test for determining reasonableness of conditions, 258

railway companies, &c., not liable beyond specified sums for certain
animals, unless value declared and increased charges paid, ib.

the sums or rates to be notified as prescribed by Carriers' Act, ib.
may make special contracts, but not to be binding unless signed by
consignor or person delivering, 258

company not exempt by reason only of consignor not having signed
special contract, ib.

provisions of Act only apply to carriage of goods, &c., over lines worked
by the company, ib.

COMMON CARRIERS-continued.

provisions of 31 & 32 Vict. c. 119 (Regulations of Railways Act, 1868), 258
if journey partly by sea, a notice exempting from liability for injury
through fire, &c., at sea, if published in booking office, is binding, ib.
what amounts to a delivery to carrier, 259

decisions on, ib.

where carrier should deliver, ib.

not liable as such for safety of goods after constructive delivery, ib.
measure of damage where goods lost or destroyed, 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
delay necessitating other means of transit, 260

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
carrier that he should be liable for loss in case of delay, ib.

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
acts or defaults of consignor contributing to loss, ib.

fraudulent concealment of value or risk, ib.

COMMON CARRIERS BY SEA,

shipowner and master of ship liable at common law as insurers, 261
how liability restricted, 261, 262

statutory modifications of liability of, 262

provisions of 17 & 18 Vict. c. 104, exempting shipowner (not master) from
liability for loss by fire without his actual fault, ib.

and for loss by robbers, or embezzlement of certain articles, unless true
nature and value declared by shipper, ib.

neither shipowner nor master liable for loss occasioned by default of pilot,
by s. 388 of same Act, ib.

shipowner not liable beyond so much per ton of ship's tonnage, by 25 &
26 Vict. c. 65, where loss without his fault or privity, ib.

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
time, 263

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
his business occasioned by delay, ib.

but may recover charges for other means of conveyance and hotel expenses
occasioned by the delay, &c., ib.

as to remoteness, sec Hobbs v. London & South Western Rail. Co.,
cited ib.

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
liability given on depositing it, 264

effect of such conditions as a defence in action for loss of luggage, 265
decision of Court of Appeal on point, ib.

FORMS-

statement of claim in action against carrier for non-delivery of part of goods
sent, and late delivery of others, 254-263

statement of defence to preceding claim, 264, 265

statement of claim against carriers for injury to goods during transit, 265,
266

statement of defence to preceding claim, setting out Carriers' Act, and non-
compliance, 266

statement of claim against carrier for non-carriage, and alternatively for
loss and conversion of goods, 267

statement of defence-denial that defendant was a common carrier, 267,
268

statement of claim against railway company for delay and non-arrival of
train, and consequent loss of market for horses, 268, 269

statement of defence to above, setting up special contract, 269, 270
statement of claim by carriers against consignors for freight, 271
statement of claim by carriers against consignees for freight, ib.
statement of defence and counterclaim to above, 271, 272

statement of claim by railway company for carriage of coals on a special
contract, 272, 273

statement of defence to preceding claim, 273

reply to preceding defence, ib.

statement of claim against a lighterman for injury to goods during transit,
in the alternative on his liability as common carrier, and on special
undertaking, 274, 275

statement of defence to preceding claim, 275, 276

statement of claim against carrier by sea for non-delivery of part of goods
sent, 276

For statements of claim, &c., in the case of injuries to passengers,
see NEGLIGENCE.

COMMON INDEBITATUS COUNTS ABOLISHED. See PLEADINGS.
COMPANIES,

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-
fendant to aver performance of, generally, not affected by Judicature Acts
and Rules, 277

nor provision thereof prohibiting general denials of such perform-
ance, ib.

FORMS-

allegation of performance of, 226. And see passim, Forms under INSURANCE
(MARINE).

CONSTABLES. See FALSE IMPRISONMENT; MALICIOUS PROSECUTION;
ASSAULT AND BATTERY.

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
and designs for ornamenting articles in manufacture, 278

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
unlawfully printed, 277, 278

CORPORATIONS,

COSTS,

how they sue and are sued. See PARTIES.

statement of claim against corporation of borough for negligence. See
NEGLIGENCE.

where executor fails in plea of ne unques executor. See EXECUTOR AND
ADMINISTRATOR.

not allowed to plaintiff in actions on judgments without order of the
Court. See JUDGMENTS.

statement of claim for breach of, by husband to pay annual sum to trustee
for his wife, 279

statement of defence to preceding claim that the covenant was entered into
in consideration of the compromise of a suit in the Divorce Court, ib.
statement of claim in action on covenant to pay off an advance by instal-
ments and interest, 280

statement of defence to preceding claim, 280, 281

covenants to cultivate according to. See LANDLORD AND TENANT.