ASSIGNEES OF A BANKRUPT.-(See Bankrupt). promise to them if they would not examine bankrupt, 58, 59. rights on contracts of bankrupts until certificated-(See Bankrupt), 192, 196. of contracts between the bankrupt and the assignees, 195, 196. agreement to indemnify stranger on becoming assignee, 264, note (y). to be joined with creditor's assignee in action, 264. of official assignee, id. assignee not to be sued as such, 263, 264, 265. may lend money, 264. cannot declare as such and in own right, id. one cannot bind the other, 264, 265. when liable as assignee of a term holden by bankrupt by taking to the pre- mises, 265 to 268, and notes. estopped from disputing landlord's title, 332. payment of rent to, where assignment void, 333. contract by solicitor to fiat to indemnify assignee, 671. assignees cannot buy bankrupt's estate, 294, 295. ASSIGNEES OF INSOLVENT DEBTOR.-(See supra). cannot be sued for dividends, 268. may compound for debts; submit to arbitration, 268, note (c). liability for use and occupation, when, 371, 886. ASSIGNEE OF LEASE estopped from disputing landlord's title, 332. ASSIGNMENT OF DEBT, LEASE, CONTRACT, &c. assignment of lease, how affected by Statute of Frauds, 329. assignment of a debt or chose in action is a sufficient consideration, 42, 43. assignment of goods not in esse, 418. assignment of debt, substitution of debtor, money had and received, &c. when amounts to a payment, 751, 757, and note (r). assignment of personal contract by promisee, as to let and repair carriage, in general as to assignment of lease.--(See Landlord and Tenant, Vendors effect of assignment "subject to rent," &c. as to liability of assignee to assignment of copyright to be in writing by Statute of Frauds, 72. ASSOCIATIONS.-(See Companies). ATTAINTED PERSONS, contracts with, 183, 184. cannot hold land, 294. ATTORNEYS, promise without reward to invest money, &c. 40, 41. 99. acting as such cannot purchase client's land, 294, 295. when personally liable on agreement by him, though made as such, 227, his liability, &c., in case of loss, &c. of money of his client intrusted to not in general liable for expenses of a witness he subpoenas, 229, 587. not within prohibition of 29 Car. 2, c. 7, s. 1 . . 724. ATTORNEYS-continued. implied duty to use due care and skill, liable for crassa negligentia, instances, not liable for absence, &c. of counsel, 556. liable for disclosing privileged communications, id. when may act for opposite party, id. refunding costs unnecessarily incurred, 558. liable for mistakes, &c. of agent, id. when his negligence, &c. will afford an answer to an action for his bill, and cannot sue for fees if only his clerk residing at a distance conducted the bu- agreement that his clerk should have the fees, &c. id. note (i). whether bound to continue the prosecution or defence of a suit once com- operation of statute of limitations as to claim of, 562, 815. statute no bar to client's remedy by summary application to the court for in action on bill what he must prove, 562. who he must sue, 563. defence to action by, 564. agreement to save client harmless, when maintenance, 676. as to the delivery of his bill signed under the statute, 562, note (h). may set off his debt though bill not delivered a month, 848. his agreement to charge only money out of pocket, or a specific sum, 564. client suing in formá pauperis, id. cannot sue if not qualified, or fraud on court, &c. id. may sue two who jointly retained him, though not jointly interested, id. his claim on another attorney who requested him to transact the business attorney's claim if subpoenaed as a witness, 587, note(n). costs of preparing leases, deeds, &c. between two parties, 563, 564. action for money had and received against, to obtain back money recovered receiving money for client, when not liable for same to third person, 610. action against, to recover money allowed to him on taxation before master, payment to him when binding on client, 745. tender to him, 795. payment to client in fraud of attorney, 745, note (q). when action against, for negligence, &c. barred by statute of limitations, 817. how and when the statute attaches on his bill, 562, 815, and note (u), 808. when use and occupation lies, though no attornment, 372. when does not estop tenant from disputing title-(See Landlord and AUCTION AND AUCTIONEER, verbal representation of, at auction, 108, particulars and plans, 295. conditions of sale that errors shall not vitiate, 295 to 299. auctioneer may sue, when, 230, 404. cannot sue in defiance of true owner's claim against vendee, 851, and sale of lands within Statute of Frauds, 305, 389, 403. sale of goods, 389, 403. what an acceptance of goods on sale at auction, 394. 404, note (?). AUCTION AND AUCTIONEER-continued. auctioneer is agent, unless authority retracted, competent to sign under Sta- tute of Frauds, 305, 403, 404. when agent for both parties, 305. his clerk's signature, 404, 305, note (o). auctioneer liable only for deposits, remedy against him, 307, 308, 311. puffers at an auction, 312, 692. sale of separate lots of land by auction, whether one contract, &c, 298. mistake in describing premises sold by auction, 295, 296. auctioneer cannot buy estate he has to sell, 294. verbal declarations at auction contrary to conditions, &c. 108, note (n). sale by, on credit, 221. AUTER ACTION PENDANT-(See Another action pending, Rules, &c.) 786, 787. AUTHOR, action against, for not supplying MS., 236, note (h). no remuneration if work illegal, 565. claim for writing part of treatise for periodical work, when good, id sale, &c. of copyright to be in writing, 72. agreement to write for one theatre only, good, 667. AUTHORITY.-(See Principal and Agent). a bare authority revocable, 214. order on debtor or agent to pay third party, when not revocable, 616, 617. AWARD.-(See Arbitrament and Award). AWAY-GOING CROPS (See Custom of the Country), 366, 370, 101, 109. extent of indemnity, 501, note (n). contribution between, 598. cannot plead time given to principal debtor, 534, note (n). BAILIFF, sheriff's bailiff or officer, action for fees, &c. 583 to 585, 598. BAILMENTS AND BAILEES, division of the subject; different sorts of 1. Depositum-deposit without reward, 472. 2. Mandatum, or commission-to do something to goods without reward, voluntary engagements not acted upon, or acted upon negligently, 3. Commodatum-use of goods without reward, 474. 4. Pignori acceptum-pledge for debt, 474, 475. pawnbrokers, 475. 5. Locatum, or hiring. 1. Locatio operis faciendi-work to be performed for reward, in- domestic servant, 476. innkeepers-custom of the realm, and rules as to liability, &c. for 2. Locatio Rei-hire for use for reward; general rule; hirer of horse, 3. Locatio operis mercium vehendarum :— 480, 498. Lien of bailees, 546. ·Carriers -(See Carriers), BAKERS, Sunday contract of, 724, note (r). BANKERS, implied promise to honour customer's check, 19, 20. paying check, &c. forged or improperly altered, remedy, 597, 631. as to their claim to compound interest, 648. when bound to obey order of customer to pay his debtors, &c. 616, 617. when not bound by entries of credit in books, 606, 252. cannot pay one of two trustees depositing money, 746, 747. taking bankers' notes instead of cash for bill or check, discharges debtor, when, 751, and note (p). giving time to principal releases surety, 534. interest when payable on deposits with, 645, 646. interest payable on checks on, 646. BANKERS' PASS BOOKS, when not evidence of an account stated, 650. BANKING COMPANY, member of, no authority to accept bills, &c. 212. BANK NOTES, tender of debt in, 801. BANKRUPT.-(See Assignees of). Set off in bankruptcy, 852 to 854. 1. Of the effect of his certificate in regard to his contracts before bank- general rule, discharged if creditor might have proved, even as to re- as to debts not due at the time, id. moral obligation to pay, sufficient consideration, id. debts for which he was surety or liable for another, 186, and notes. when not for unliquidated damages, 187. creditor proving, to relinquish suit, &c. 188. need not join bankrupt with solvent partner, 860, 861. solvent partner may use names of assignees of bankrupt partner in plea of discharge by him and proof, 189, 859, 860. replication and evidence, &c. 860. future effects, 189. foreign or Scotch certificate, &c. 190. money had and received to recover money extorted to procure cer- 2. Of his subsequent promise to pay former debt: moral obligation and liability in general, 47, 191. must be in writing, and signed, 191, and note (i), 211. 3. Of the contract of an uncertificated bankrupt: but he may sue if they do not interpose, 194. whether if they contract with and employ the bankrupt, he can sue they are absolutely entitled if his contract be before bankruptcy, 196. 4. Contracts of the assignees, 263, 268. account stated with assignees, 652. BANKRUPT LAWS, contracts in contravention of, void, 670, 671. BARRISTER.-(See Counsel). cannot recover fees; not liable for neglect, 572. BASTARD, liability of father of, for necessaries for child, 148, 285. enactment of 4 & 5 Will. 4, c. 76, respecting, 285. liability of mother for support of, id. of father when mother unable, id. securities of indemnity to parishes void, 286. decisions on former law, 286, note (c). money had and received lies by father of bastard to recover money paid BENEFICES, illegal charges on, 725, 726. BET. (See Stakeholders). bets on parties gaming, 713. at races, 716. party paying illegal bets for another, 600, 601. BILL OF PARCELS, when sufficient memorandum of contract, 398, 400. BILLS OF EXCHANGE. of the defence, that a bill has been taken on account of the debt: in general a good plea (to be specially pleaded) to action for original but bill for part no satisfaction for whole of debt, 774. what evidence of such taking, 749. when it is presumed a bill was given for the debt sued on, 767. during currency of bill or renewed bill, claim suspended, unless fraud, &c. but, unless expressly agreed to the contrary, original remedy revives on dis- taking provincial notes of bankers who have stopped payment, 769, note (m). renewed bill taken, cannot sue on former, though costs incurred, &c. id. taking bill for debt presumptive discharge of debt, id. effect of loss of bill, 770, 33, 53. or altering it, 772. creditor suing on original demand must show dishonour of bill, &c. 770, 771. effect of taking agent's bill, as regards principal's liability, 772, 747. taking bill from one of several covenanters, and getting judgment thereon, as to inquiring into consideration for the bill, between what parties, and to remedy if bill not given for debt according to agreement, 774. receipt indorsed on bill, who presumed to have paid it; is not conclusive, to be in writing, 72, 73. stamp on, when containing matters of agreement, 123. consideration for, rules as to, 28, 29. when may be inquired into, 773, 774. debt lies on, though not made for "value received;" Hatch v. Trayes, promise to pay lost bill, 33, 53. or waive laches, or neglect in presenting, &c. 48. promise to guarantee by indorsing bills, means if required in reasonable |