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. 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 where no time of engagement agreed on principal may revoke authority, 108 AGENTS-continued. bound to exercise reasonable amount of care and skill, 108 mercantile, have implied authority to sell at such times, places, and prices 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 rejoinder, ib, statement of claim, in action against agent for not accounting or paying statement of claim in action by agent for losses on sales and re-sales for FORMS- statement of claim for loss of cattle through negligence and misconduct of 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. ALTERNATIVE PLEADINGS. See PLEADINGS. not bound after 21, ib. covenants by master and bondsman independent, ib. APPRENTICE-continued. FORMS- statement of claim in action by master for misconduct of apprentice on 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 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 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 if amounting to a felony, quare whether plaintiff precluded from suing, ib. statement of claim for assault (with claims for trespass and trover com- statement of claim against railway company for assault by their servants, statement of defence to preceding claim, that the assaults were committed statement of claim for assault by schoolmaster on pupil, 129 statement of defence to preceding claim that pupil was moderately and law- statement of claim against constable and surgeon for indecently assaulting 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 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 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 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- statement of claim in action for injury to goods in furnished apartments by 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 statement of claim for negligence of bailees (two defendants) in not taking statements of defence to preceding claim, 141, 143 statement of claim for negligence of bailees in not properly packing silk, 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, 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 name in which trustee to sue, ib. what interests of bankrupt pass to trustee, 154 when trustee may affirm or disaffirm dealings of the bankrupt, 155, 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. payment to person who has committed act of bankruptcy, when good 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, statement of claim by trustee in liquidation, 158-160 statement of claim by trustee in bankruptcy for damages for breach of con- statement of claim by trustee of Scotch sequestration registered in London DEFENCES- statement of defence to claim (not given) that defendant's creditors accepted 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. |