Books, &c.,

Bankers' books, provision as to admission in evidence,
422, note (u).

A person's own, are not evidence, but he may refresh
his memory by reference to them, 442.

Companies' books, &c., like provision, 442, note (u).
BOTTOMRY BOND,

Definition of, &c., 171.

In such a security the Usury Laws never had any appli-
cation, 171.

BREACH OF CONTRACT,

Consequences flowing from, 20.

BREACH OF PROMISE OF MARRIAGE,

Ratification of promise of marriage made during in-
fancy gives no right of action, 198.

Damages recoverable for, 417.

In actions for, parties are now competent witnesses,
435.

Plaintiff's evidence must be corroborated, 435.

BROKERS,

Difference between, and factors, 123.

BURDEN OF PROOF,

Is on party seeking to prove affirmative in an action,
449, 450.

But presumption of law may put it where it would not
otherwise be, 450.

Onus of proof where a voluntary settlement is called in
question is on the person taking the benefit, 451.
Child born during wedlock is presumed legitimate, 451.
BUSINESS,

When entries in the course of, admitted in evidence,
429.

C

CAPTAIN OR MASTER OF A SHIP

Has power during voyage to sell or hypothecate ship
and cargo, 169.

Generally he has unlimited discretion how to act, 169.
Jettison, 169.

May imprison or reasonably chastise sailors, 329.

CARRIER,

Definition of a common carrier of goods, 105.
Liability of carriers of goods at Common Law, 106.
Reason of extensive liability, 104, 105.

Provisions of the Carriers' Act, 106, 107.

Provisions of the Railway and Canal Traffic Act, 108.
Railway and Canal Traffic Act, does not apply to con-
tracts by companies to carry beyond the limits of
their own line, 109.

Provisions of the Railway Regulations Act, 109, 110.
Duty of carrier of goods, 110.

As to carriage by a railway company over their own and
another line, 110.

Who is to sue the carrier, 110.

As to carrying dangerous goods, 110, 111.

As to railway passengers' personal luggage, 111.
As to goods deposited in a cloak-room, 111.
Liability for injuries to passengers, 111, 112.
Liability of, by sea, 172, 173.

Damages recoverable against, 414, 415.

CASES,

For index of, see ante, p. xxv.

CATTLE,

Obligation as to fencing out, 288, 289.

CAVEAT EMPTOR,

Meaning and instance of the rule, 94.

But the rule of, does not apply to the contract of insur-

ance, 177.

As to furnished houses, 76.

CERTIFIED CONVEYANCERS

May recover their fees, 181.

CHAMPERTY,

Definition of, 265.

CHARACTER,

Master's position as to giving character to his servant,

194.

Evidence affecting a person's character, 430.

Persons of infamous character may yet give evidence,
433.

CHARITIES,

Liability for contract made on behalf of, 189, 190.

CHARTERPARTY,

What it is, 172.

Difference between, and a bill of lading, 172.

CHEMISTS AND DRUGGISTS

Cannot recover for advice, 185.

CHEQUE,

Definition of a, 139.

The rules as to bills and notes generally apply to, 163.
Time within which it should be presented, and conse-
quences of non-presentment, 164.

When a cheque deemed overdue, 163, 164.

Consequences of a banker paying a forged cheque or a
cheque with the indorsement forged, 164.

A banker cannot recover the amount of a cheque from a
person to whom he has paid it on discovering that his
customer's account has been overdrawn, 164.

Crossing of, 165-167.

Crossing it "not negotiable,” 166.

Case of Smith v. Union Bank of London, 167, note (e).
When a good tender, 231.

CHILD: See INFANTS-PARENT AND CHILD.

Rule as to when testimony of children is admitted, 437-
If born during wedlock presumed legitimate, 451.

CHOSE IN ACTION,

Definition of, 137.

Not generally assignable, but exceptions, 137, 138.
Provision of Judicature Act, 1873, as to, 138, 139.
CLERGYMEN

Have no privilege as to giving evidence, 448-449.
CLOAK-ROOM,

Liability of a railway company for goods deposited in,

CLUBS,

CODE,

III.

Liability for contracts made on behalf of, 189, 190.

As to advantages of, 2, 3.

First attempt at, 3, note (c).

COGNOVIT,

Definition of, 8.

Essentials as to execution of, 8.

Difference between, and a warrant of attorney, 9.

COLLISION: See CONTRIBUTORY NEGLIGENCE.

Duty as to removing obstruction in the case of, 383.
COMBINATION.

When provision of a trust deed void, 188, note (x).
Of employers to decrease or limit wages illegal, 264.
Of employees to increase wages also illegal, 264.
This is subject to Trade Unions Act, 1871, 264.
COMMON LAW.

Origin of, 1.

As distinguished from equity, 3.

COMPANIES,

Difference between limited and unlimited, 188, 189.
More than twenty persons cannot carry on business
without registration as a company, 188.

Combination by more than twenty persons, 188, note (x).
Contracts by, 189.

Statutory provision as to various documents in evidence,
422, note (u).

COMPARISON OF HANDWRITING,

Proof by, 439, 440.

COMPOSITION,

As to rights against a surety after accepting a composi-
tion, 44, 45.

With creditors as an excuse for non-payment of a con-

tract, 247, 248.

COMPULSION: See DURESS.

Money paid under compulsion of law cannot be re-
covered back as money had and received, 249, 250.

CONSIDERATION,

What is a valuable, 15, 16.

What is a good, 16.

A simple contract must have a valuable, 16.

A deed does not require one, 16.

But though not requiring one it is liable practically to
be called in question in three ways, through want of
it, 16, 17.

Whether it is sufficient cannot be inquired into, 32, 33.
Must appear on the face of a written simple contract,
except in two cases, 33, 34.

The exceptions are (1) Bills and Notes; (2) Guarantees,

33, 34.

CONSIDERATION—continued.

May be either executed, executory, concurrent, or con-
tinuing, 34.

When an executed consideration will support a promise,
34, 35.

A merely moral consideration is not sufficient for a
simple contract, 36, 37.

But a moral obligation which was once a legal one is,
37.

As to an impossible consideration, 38, 39.

A pre-existing debt is sufficient for the handing over of
a negotiable instrument, 156.

CONSTABLE,

As to liability of, 333, 334.

Entitled to notice before action, 333.

Demand for warrant must be made, 333.

Course then to be taken, 333.

When he may arrest without warrant, 333, 334.

CONSTRUCTION OF CONTRACTS,

Rules for, 21-26.

CONTEMPT OF COURT, 335, 336.

CONTRACTS: For particular contracts, see other titles.
Different divisions of, 6, 7.

Of record, 7.

Specialties and simple contracts, differences between,
13-18.

Express and implied contracts, difference between,
18, 19.

Executed and executory contracts, difference between,

19.

Rules for construction of contracts, 21-26.

When an agent's authority to sign must be by writing,
48.

As to land generally, 51-76.

One party to a contract cannot sign for the other, 49.

When a liability on contract arises, 221, 222.

When an action may be brought before the time for
performance, 221, 222.

Performance of contracts generally, 223–234.

Excuses for the non-performance of, 234-250.

Illegality of a contract is never presumed, 259, 260.

Distinction between contracts and torts, 279.