BROKER.

claim by a broker for commission, &c., 166.

claim against a sharebroker for not purchasing according to order, 167.
claim against a broker who by the usage of a particular trade, is liable
as a principal for not accepting goods sold, 167.
distinction between broker and factor, 165.

usages of particular trade or market, Stock Exchange rules, &c.,
165, 332.

payments by broker thereunder; indemnity, 165, 232, 290.

payments or commission in respect of wagering contracts, not
recoverable, 166, 712.

broker not disclosing principal's name, may be personally liable by
usage, 165-167.

broker must not himself be vendor to or purchaser from his
principal without his knowledge, 166.

conspiracy to make sham market for shares: an illegality, 664.
effect of contract note not being duly stamped, 664.

And see AGENT, and SHARES.

BUILDING CONTRACTS, 366. See WORK.

BUILDING SCHEME, 266.

BUILDING SOCIETIES, 346. See SOCIETIES.

BUSINESS, 354. See TRADE, and PARTNERS.

CAB,

a cab proprietor liable for negligence of his driver, 467.

I. Carriers of Goods by Land.
statements of claim in contract:
for the carriage of goods, 170.

the like, by a railway company, 174.

by a carrier for the carriage of a horse, and for expenses occasioned by
non-removal thereof within a reasonable time, after arrival at
destination, 177.

against a carrier for not carrying and delivering goods, 174.

against a carrier for injury to goods, 175.

against a carrier for not carrying and delivering within a reasonable
time, 175.

against a carrier for damage done to furniture in removing it, 175.
against a carrier for not carrying and delivering goods in time for a
market, 176.

against a railway company to recover overcharges extorted contrary to
s. 90 of the Railway Clauses Consolidation Act, 1845..178.
statements of claim in tort:

against a common carrier for refusing to carry goods, 372.

against carriers for losing goods, 372.

against a carrier for misdelivery of goods, 373.

duties of carrier at common law; implied contract with carrier,

168.

statement of claim against carriers; may in general be framed
either in contract or in tort, 168.

test of action being of contract or of tort, 168.

CARRIERS-continued.

effect of charging defendant as a common carrier; allegations of
duty immaterial; mode of charging liability of carrier, 168.
parties in actions against carriers, 169, 170.

in whose name action should be brought; when the consignee
should sue and when the consignor, 169.

receipt of goods by carrier not an acceptance by consignee in cases
within s. 4 of the Sale of Goods Act, 1893..169.

waiver of lien, a consideration for express or implied promise,
169, 170.

loss of passenger's luggage; who to sue for, 170, 179.
parties to be made defendants, 170, 172, 667, 668.

duties of carriers of goods by land, 170, 171.

acts of God, carriers not liable for, 171.

not liable for damage caused by defects of the thing carried
without default on their part, 171.

vice of animals, improper packing, &c., 171.

common carriers, who are, 171.

when justified in refusing to carry, 171.

railway and canal companies; special contracts varying liability;
conditions under the Railway and Canal Traffic Act, 1854..171,
670.

railway companies carrying over other companies' lines, 172.
carrying from or to a place beyond the realm, 172.

delivery should be within reasonable time, 172.

Railway and Canal Traffic Acts, &c. ; companies to give reasonable
facilities for traffic; prohibition of undue preferences, &c.;
railway commissioners, 172, 173.

companies to charge all persons equally; actions for overcharges,
173, 178, 666.

overcharges for packed parcels, 178.

damages against carriers, what recoverable; remoteness; effect of
notice, &c., 173, 174, 176.

after completion of the contract of carriage, carriers are only
liable for negligence, as bailees, 177, 371, 372.

action for expenses reasonably incurred as such bailees, 177.
misdelivery of goods by carrier, a conversion, 372.

defences, &c., in actions of contract:

defences to an action for the carriage of goods, denying that the goods
were carried for the defendant, 664.

defence to an action against a carrier, denying the receipt of the goods
for the purpose or on the terms alleged, 664.

the like, denying the receipt of the goods on the terms alleged, with a
statement of the terms on which they were received, 665.

defence by carriers, showing that the damage or loss occurred through
no fault on their part, 665.

the like, showing that the damage or loss occurred through defective
packing, 665.

denial of alleged damage to goods, 665.

denial of failure to deliver within a reasonable time, 665.

denial of an alleged contract to deliver in time for a particular market, 665.
defence to an action against a railway company for overcharges, that
the alleged overcharges were paid voluntarily and with full know-
ledge of the facts, 666.

defence to an action under s. 90 of the Railways Clauses Consolidation
Act, 1845, that the charges were not contrary to that enactment, 666.
defence that the goods were within the Carriers Act, 1830, and were
above the value of £10, and were not declared or insured, 666.
reply to a defence under the Carriers Act, 1830, that the loss was
occasioned by the felonious acts of the defendants' servants, 669.

CARRIERS-continued.

defence to an action against a railway company for loss of or injury to
goods, that the goods were received and carried under a special
contract exempting the defendants from liability under the Railway
and Canal Traffic Act, 1854..670.

defences in actions of tort:

denial that the defendant was a common carrier, 860.

defence to an action for refusing to carry, that the plaintiff was not
ready to pay the carriage, 860.

denial of alleged negligence, 928.

defence to an action for detention, that the goods were detained in exer-
cise of a right of lien, 891.

the Carriers Act; articles to be declared; increased charges;
notices of increased rates; unnecessary to join partners as
defendants; special contracts, &c., 666-668.

felony of servants, 668, 669, 670.

payment into Court, 668.

what articles are within the Act, 669.

carrier bound to demand increased charge on declared value, 669.
the Act only applies to carriers by land, 669.

servants of sub-contractors, &c., 669, 670.

special contracts with carriers, 670.

the Railway and Canal Traffic Act, 1854, special contracts under,
670-674.

what are reasonable conditions, 671-673.

effect of alternative rates of charge, 672.

to what traffic the provisions of this Act apply, 673, 674.

passengers' luggage, 673, 675.

the Act does not apply to goods merely received for safe custody,

674.

loss or injury from accident, or from plaintiff's default, 674.

lien of carrier, 911.

II. Carriers of Passengers.

statements of claim:

by a passenger against a railway company, for personal injuries sus-
tained in a collision, 373.

forms of statement of claim in actions against railway companies for
personal injuries sustained from other kinds of negligence, 477, 478:
see NEGLIGENCE.

against carriers by the executor or administrator of a passenger killed
by the negligence of the defendants, under 9 § 10 Vict. c. 93..426.
against a railway company for loss of a passenger's luggage, 181.
defences:

denial that the plaintiff was a passenger, 674.

denial of the alleged want of care and skill, and of the alleged injuries,
674.

defence of a special contract by which the passenger agreed to relieve the
defendants from all liability for personal injury, 675.

denial of alleged negligence, 860, 928.

defence of contributory negligence to an action for damages for personal
injuries, 860.

defence to an action for loss of a passenger's luggage, that the loss arose
from the conduct of the plaintiff, 675.

in what cases carriers may refuse to receive a passenger, 178.

carriers of passengers, liable only for negligence, 178.

action by passengers; who to sue or be sued, 170, 179, 180.

railway company, liable for negligence of other companies on the
journey contracted for, 178, 179.

special contracts relieving railway companies from liability for
negligence, 179, 675.

CARRIERS-continued.

no warranty by carrier that the carriages are road-worthy, but
liability for discoverable defects, 179.

railway company bound to provide reasonable accommodation,

179.

implied contract to carry within reasonable time; special condi-
tions, when binding, 180.

damages for not carrying or for delay, 180.

damages for personal injuries by negligence, 181.

actions by executors, &c., for death caused by negligence, 426:
see EXECUTORS.

liability for loss of or injuries to passenger's luggage, 181.

special conditions as to luggage, within the Railway and Canal
Traffic Act, 1854..673.

railway company not usually liable for merchandise brought as
personal luggage, 181.

personal luggage, what, 181.

delivery of luggage at end of journey, 182.

III. Carriers by Water: see SHIPPING.

CASE, ACTION ON THE, 767, 919. See ACTION.

CATTLE. See AGISTMENT; COMMON; DISTRESS; REPLEVIN; TRESPASS.

CAUSE OF ACTION. See ACTION.

CERTIFICATE,

want of, a defence to solicitor's action for costs, 843.
also, to action by apothecary for charges, 288.

architect's certificate, when a condition precedent to actions by a
builder or contractor, 366, 853.

CERTIORARI,

commencements of statements of claim in actions removed by
certiorari from a County Court or other inferior court, 75, 76,

468.

certiorari in actions under the Employers' Liability Act, 1880,
468.

CHAMPERTY. See MAINTENANCE.

CHANGE OF PARTIES ON MARRIAGE, DEATH, &c., 30.
PARTIES.

CHARACTER,

in which parties sue or are sued, 48.

See

representative character must be stated in the writ and statement
of claim, 48, 49.

denial thereof, or refusal to admit, must be specific, 49, 550.

defences of set-off must be in the same character as that in which
the parties sue or are sued, 823, 824.

the same rule applies in general to counter claims, 573, 575.

injuries to character: see DEFAMATION.

character of servant, 878, 879.

representations as to character or credit, 439: see FRAUD.

CHARTERPARTY. See SHIPPING.

CHEQUES, 151, 655. See BILLS OF EXCHANGE, &c.. and BILL OR NOTE
TAKEN FOR THE DEBT.

CHOSE IN ACTION. See ASSIGNMENT; HUSBAND AND WIFE, &c.

CHURCH. See DILAPIDATIONS, 410; TRESPASS TO LAND, 978, 987.

CIRCUITY OF ACTION,

defences on the ground of, 649, 806.

CLAIM,

of debt or damages, in statement of claim, 60.

in counterclaims, 579.

CLASS,

See DAMAGES; RELIEF OTHER THAN DAMAGES; EQUITABLE
CLAIMS.

suing on behalf of a, 24, 73.

CLOSE OF THE PLEADINGS, 563.

CLUB,

actions by some of the members on behalf of all, 24.

COGNIZANCE. See REPLEVIN.

COHABITATION, 227, 728.

COLLISION. See CARRIERS; NEGLIGENCE; SHIPPING, &c.

COLONIAL LAW, 705. See FOREIGN LAW.

COMMENCEMENTS AND CONCLUSIONS OF PLEADINGS,
of statements of claim, 42, 43, 75—77.

of defences, 556-560.

of replies and rejoinders, &c., 563-565, 568-570.

of counterclaims, and of defences and counterclaims, 577-580,
588, 590.

of replies thereto, 581-587, 591.

of objections in point of law, 602-604.

COMMON,

statements of claim:

for a disturbance of the plaintiff's right of common or pasture by
digging up the turf and soil and enclosing, 377.

for a disturbance of a right of common of pasture by wrongfully putting
cattle on the common, 378.

defences to actions for disturbance to common:

denial of the alleged acts of disturbance, 861.

denial of the plaintiff's possession of the land in respect of which he
claims the right of common, 861.

denial of a general averment of the plaintiff's right of common, 861.
defences setting up a right of common in actions for trespass to
land, &c. :

defence alleging a right of common of pasture under the 2 & 3 Will. IV.
c. 71, s. 1..861.

defence by a freeholder, of a right of common by prescription at common
law, 864.

defence by a tenant, of a right of common by prescription at common
law, 864.

reply of approvement of common, 865.

provisions of the Prescription Act, 1832..374-376.

periods of prescription under the Act, 374, 375.