tractu of the body corporate to third parties,
553. Exceptions to the rule that contracts
binding upon the corporation must have been
made under the common seal, 554-557. Of
the dissolution of corporations, 558. See In-
corporated Joint Stock Companies.
CO-SURETIES, liabilities of, 227, 447, 448.
See Contribution.

COUNTERMAND. See Revocation.
COVENANTS, how created, 153. What words
amount to, 154-156. Interpretation of, 143
-157, cannot be discharged by simple con-
tract, 144. Covenants by tenants to yield up
erections and improvements, 144. Covenants
to repair, 153, 155; to leave premises in good
plight, 155. Conditional covenants, 184, 186.
Covenants to repair and pay rent, 185. Cove-
nants for the performance of an entire act or
duty, 186, 187; of several and distinct acts
188-192. Right of action on, 183-192.
Indivisible covenants, 186, 187. Divisible
covenants, 188-192; effect of part perform-
ance, 186. Dependent and independent co-
venants, 192. Mutual covenants and condi-
tions, 186, 201. Implied covenants, 206, 208.
Joint and several covenants, 267-273, 305,
306. Covenants with firms in partnership,
279. Covenants running with the land, 295,
349. Covenants between grantor and grantee,
releasor and releasee, 296. Covenants be-
tween landlord and tenant, lessee and rever-
sioner, 297. Covenants real annexed to rever-
sionary estates, 298-300. Right of action of
assignees, 301. Continuing breaches, 301, 302.
Personal covenants which will not run with the
land, 306. LIABILITIES on Covenants, 369.
Of the liability of a covenantor acting on be-
half of a third party, 370; or of an agent co-
venanting on behalf of his principal, 371, 372.
See Principal and Agent. Non-liability of
covenantors acting on behalf of the crown, 371.
Covenants with partnerships by their trading
name, 373. Ascertainment of the party to be
charged, 373, 374. See Joint and Several
Contracts.

COVERTURE, effect of, 336-343, 610-636.
Suspension of, 343, 637. Dissolution of, 343,
348. Effect of such dissolution on the rights
and liabilities of the widow, 637-639. See
Wife, Widow.

CREDIT, nature and effect of, 41, 202, 850.

An agreement to give credit divests the work-
man of his right of lien, 782, 826.
CREDITORS, nature and definition of in the
Roman law, 850.

CROPS AND GROWING PRODUCE, sale
of, 127. Away-going crops, 152. Of the right
to distrain and sell crops and growing produce,
697, 698, 702, 708. See Distress.
CULTIVATION, express and implied contracts
as to, 152, 175. Duty of the tenant to culti-
vate according to custom, 715, and the preva-
lent course of good husbandry, 716, 717.
CURTILAGE, meaning of, 644.

CUSTOM AND USAGE, parol evidence of,
152, 153. Influence of custom upon the
meaning of words, 153. Effect of custom and
usage of trade upon the interpretation of con-
tracts, 164-166; upon the legal force and
effect of contracts, 309, 310, and upon the
liabilities of lessees and tenants, 715-717;
and of infant apprentices, 749, 750.
DAMAGES recoverable in actions ex contractu,
174-182. Effect of bonds, covenants, and
agreements to pay penalties, 169-174, or a
fixed sum as the ascertained damage in case of
a breach of a contract, 174-182. See Liqui-
dated damages. Price.

DATE of lease for life, 642, 643, and for a term
of years, 646, 647.

DEATH of one of several joint contractors of
partners, effect of, 285, 286, 362-366, 882.
See Survivorship.

DEBTOR, definition of the term in the Roman
law, 850. Debtor by way of mutuum, b.

855.

DECEIT, effect of, 218. Implied warranty
against, in contracts of sale, 219, 220. Deception
by agents, 407. Principal responsible for,
407-409. See Concealment. Recovery of
money obtained by deceit, 234.

DEEDS. See Covenant. Nature and requisites
of, 1, 6. Sealing and delivery of deeds, 2, 6,
9, 185. Delivery as an escrow, 9, 10. Attes-
tation of deeds, 10. Stamps on deeds, 11, 119,
120. Inrolment and registration, 12, 13. Al-
teration of deeds, 13. Deeds requiring a con-
sideration in equity, 14, 16. Deeds, inter par-
tes, and deeds poll, 11. Interpretation of
deeds, 143, 158. Estoppel by deed, 2, 5, 144.
Parol evidence of duress, fraud, or illegality in
avoidance of a deed, 145. Ordinary rules of
interpretation, 146. Latent and patent am-
biguity, 148, 149. Parol evidence of custom
and usage, 152, 153. Conditional covenants
and obligations, 183-194. Who may sue UPON
A DEED, 238. Of the maxim that a stranger
to a deed inter partes cannot sue thereon, 239.
Right of action on deeds poll, 241. Of the
right of action of the principal on a deed ex-
ecuted for him by an agent, 256. Of the
right of action of partners on deeds entered
into with the firm, 278, 279. Of the right of
action on covenants by partners inter se, 282,
283. Survivorship amongst joint contractors,
285. Of the parties who ought to be made
plaintiffs in actions upon deeds, 267-278.
Joint and separate rights of action upon deeds,
267-273, 278-281, 283, 285. Who may
be sued upon a DEED, 369. Covenants and ob-
ligations by one person on behalf of another,
370, 374. See Covenants. Contracts under
seal with firms in partnership, 375. Ascer-
tainment of the parties to be charged, 375.
See Partners.

DEFECTS in things sold, concealment of, 219,
220. Latent defects, 220, 223, 224. Patent
Defects, 220, (o). See Concealment.

DEFENDANTS in ACTIONS ex contractu,
369-882. See Parties to Actions.
DEL CREDERE AGENT, definition of, 260
(n.) Right of action of, 261.

DELAY, effect of in the performance of contract,
190-192, 198.

DELIVERY OF DEEDS, 2-9, as an escrow,
9, 10.
DELIVERY OF GOODS SOLD, 47-69, 73---
80. Constructive delivery takes place when,
55-68, 71-78. Delivery to carriers, 252,
809. Delivery to Agents, 423-428, 840.
DELIVERY ORDERS, transfer by, 62-68.
Acceptance of, 63, 64, 314-317.
DEMURRAGE, shipowner's right of action for,
783. Interpretation of charter party as to
payment of, 784. Liability for the payment
of demurrage under bills of lading, 785.
DEPOSIT, letting and hiring of places of, 727,
728. Written acknowledgment of deposit
exempt from stamp duty, 132, 133. Nature
of a deposit, 829. Deposits how made, 830,
831. Liabilities and implied engagements of
depositaries, 315, 316, 831. See Bailments
without Reward.

DEPOSITS, return of, 511-515. See Joint
Stock Company.

DESERTION of the wife by the husband, 631
-635, of the husband by the wife, 629-
631. See Husband. Wife.
DEVIATIONS. See Building Contracts, 216,
217. Deviations in the course of a voyage,
effect of, 796.

DIRECTORS, covenants by, 371. Simple con-
tracts by, 381-383-391. Right of action
of, 287-289. Liabilities of, 381-391. See
Joint Stock Companies.

DISCHARGE of servant for misconduct,746,747.
DISCLAIMER, effect of, 656.
DISSOLUTION of partnership, 500. Public

notification thereof when necessary, 501. Dis-
solution of joint stock companies, 537, 538,
and of provisionally registered railway com-
panies, 543-545, and of joint stock banking
companies, 567.

DISTRESS FOR RENT. Origin of the power
of distress, 688. Exercise of the power of
distress, 689. Who is entitled to distrain,
690, 694, 695. Distress by joint tenants and
tenants in common, 690, 691. Reservation
of a fixed rent essential to the lawful exer-
cise of the power of distress, 692. Rent when
due, 693. Construction of agreement, ib.
694. Of the time and place for making a
distress, 695. Of the landlord's right to fol-
low and distrain goods removed from the de-
mised premises, 696. What things may be
distrained, 696. Property of third parties on
the demised premises, 697-701. Goods and
chattels privileged from distress, 701. Tenant's
fixtures privileged from distress, 702. Things
conditionally exempt, 703. What amounts
to a distress, 703. Impounding and se-
curing the goods, 704. Pound breach, 705.
Replevin for a wrongful distress, 705. Notice

Appraisement
Costs and ex-
Excessive dis-

of distress and inventory, 706.
and sale of the distress, 707.
penses of the distress, 708.
tresses, 709. Recovery of extortionate charges,
232-234.

DIVORCE, a mensa et thoro, nature and effect
of, 626-628. Divorce a vinculo matrimonii,
637-639. See Husband.

DOCK WARRANTS, assignment of, 312. See
Assignment.

DOMESTIC SERVANTS, nature and defini-
tion of, 738. Rights, duties and liabilities of,
736-747. See Master and Servant.
DORMANT PARTNER, right of action of,
282. 288. Liability of, 492-494. His
liability quoad third parties cannot be con-
trolled by a secret agreement between himself
and the other members of the firm, 494. Of
the distinction between a dormant partner and
a secret sub-joint contractor, 451, 452, 494,
495. See Authors.

DOUBLE RENT for holding over, 676.
DOUBLE YEARLY VALUE for holding
over, 675.

DRAFT. See Orders.

DRUNKARDS, contracts with, 872. Legal
incapacity of drunkards to contract, ib. Of
the distinction between complete and partial
intoxication, 873.

EARNEST AND PART PAYMENT, effect
of, in contracts of purchase and sale, 79, 80.
EASEMENT, nature of, 86. Grant of must be
by deed, 85-89. What amounts to a grant
of an easement, 86, 87. See Licence.
EMBLEMENTS, tenant's right to, 677.
EMPLOYMENT, written evidence of when ad-
missible without a stamp, 137.

EQUITABLE ESTATES & INTERESTS,
14-16, 170, 171, 299, 300. Lessee estopped
from showing that his lessor has only an
equitable estate in the demised premises, 711.
ESCROW, delivery of deed as an, 9, 10.
ESTATE, privity of, 298, 299.
ESTATES, grants, assignments, and surrenders
of, 90, 91. Agreements for the sale or assign-
ment of, 129. Estates for life, 646, 647.
Estates for terms of years, 647-651. See
Landlord and Tenant. Covenants annexed
to estates, 297, 298-303. See Covenants
running with the land.
ESTOPPEL by deed, 6, 143, 144. Estoppel
as between landlord and tenant, 688. Tenant
may show that his lessor's interest in the de-
mised premises has expired, 711.
EVIDENCE, oral when admissible, 146-149,
152; in aid of insufficient written evidence of
a contract, 160. Oral evidence of a discharge,
161, 162. See Interpretation.
EXCEPTION, words of, in contract how con-
strued and interpreted, 154, 156.
EXCHANGE, authentication of, 90.
EXECUTORS AND ADMINISTRATORS,
right of action of, for breaches of covenants in
the testator's lifetime, 351-353. Also for

MM M

non-payment of rent covenanted to be paid,
354. And for the non-performance of cove-
nants annexed to life estates and terms of
years, 354, 355.
And for the recovery of
rents and rent charges, 355, 356. Right of
action of the executors upon bonds and per-
sonal covenants made with the testator, 357,
and upon contracts under seal made with them
in their representative character, 357,358 Also
upon simple contracts made with the testator,
358, and bills of exchange and promissory notes
payable to the latter, 359; and all such ex-
ecutory contracts as can be completed and ful-
filled by the personal representative, 359. Of
the right of action of executors and adminis-
trators upon contracts entered into by them in
the course of their administration, 360. Bills
and notes made payable to the personal repre-
sentatives, 360, 361. Of the number of the
plaintiff's when suing as executors, 361. Sur-
vivorship amongst executors, 362. Continu-
ance of the chain of representation on the
death of the surviving executor, 363.
nistration de bonis non, 364, 365.
LIABILITIES of executors and administrators
on promises to pay the debts of their testators
or intestates, 21, 95, and on contracts made
by them in the course of their administration,
382, and for the use and occupation of land
demised to their testator or intestate, 711.
EXECUTORY AND EXECUTED CON-
TRACTS, 35, 71, 54-68.
EXEMPTION. See Stamps.

Admi-

EXECUTION on joint judgments recovered by
husband and wife, 337, may be taken out by
husband alone, ib.; survives to the husband
on the death of the wife, 345, and to the wife
on the death of the husband, ib. 348.

Execu-

tion against one of several joint contractors,
495; against the members of completely re-
gistered joint stock companies, 533; and rail-
way companies, 551, and joint stock hanking
companies, 565.

EXECUTRIX. See Feme covert cxecutrix.
EXTENT, 689, supersedes ordinary civil pro-

cess and the landlord's warrant to distrain, ib.

FACTORS, sales by, 263,264. Right of action of,
ib. Liability of for the safe keeping of goods in-
trusted to them to sell, 775. See Agent.
FAILURE OF CONSIDERATION, effect of,
234. Of the right to recover back money
paid upon a consideration that has failed, 234,
235; or to abate a price agreed to be paid,
199-201.

FALSE PRETENCE, goods obtained by, 50.
FARM, what is comprehended under the term in
grants and leases, 643, 644.
FARRIER, liabilities of, 211, 212, 766.
FEES of office received by an intruder, right of
action for, 233. Liability of sheriff for exact-
ing illegal fees, ib., and of vestry clerk for
wrongfully detaining the burial fees of the
rector, ib.

FEME COVERT EXECUTRIX, right of
action of, 340, 341. The husband must be
made a co-plaintiff, 341, 365, 366.
FERRYMEN, liabilities of, 211, 212, 766
FIAT IN BANKRUPTCY, effect of, upon leases,
712.

FIRE, loss or destruction by, when it affords no
answer to an action for non-payment of rent,
685, 686; or non-performance of covenant,
712-714; or non-payment of goods bought,
42, 43; or non-delivery of goods sent to a
common carrier to be carried, 807. Limitation
of the liability for loss by fire by statute, 733
(z)

FIRM. See Partnership.
FIXTURES, contracts for the sale of must be
stamped, 129. Tenant's right to fixtures on
leaving, 679. Trade and ornamental fixtures,
680, 681.
FORBEARANCE of suit a good considera-
tion for a promise, 31, 32, 110. See Con-
sideration Guarantee.

FORFEITURE, 656, 657. Waiver of a for
feiture, 657. Forfeiture of wages, 743, or the
price of work done, 193, 761-766. For-
feiture of shares on non-payment of calls, 528,
549, 565.
FORGERY of drafts and orders for the payment
of money, effect of, upon the liability of bank-
ers and depositaries, 233, 234, 835, 855.
FRAUD, effect of, on the contract of sale, 49, 50,
50, 69. Oral evidence of fraud in avoidance
of deeds and simple contracts, 145. Misrepre
sentation and concealment amounting to fraud,
219, 220, 235, 236, 407-411-414, 442,
816-818. Sale "with all faults" does not
mean with "all frauds,' 220. Misrepresenta-
tion, effect of, 166-168. Misrepresentation
by agents, effect of on the rights and liabilities
of the principal, 407-411. Recovery of
money or the price of goods obtained by frand,
217, 218, 234, 235, 236. Fraud on the cre-
ditors of an insolvent debtor, 229, 234. See
Fraudulent preference. Fraudulent agree
ments to omit a debt from an insolvent's sche-
dule, ib. Fraudulent sales and assignments
made to cheat creditors, 69. Fraud on sure-
ties avoiding the contract of suretyship, 442,
443. Fraudulent representations as to the
character or credit of a third party, authenti-
cation of, 95. Fraudulent release of a cause
of action, 307, 342. Fraud on drunkards and
lunatics, 873, 874; and on the marital rights
of an intended husband, 590-592. Frand
avoiding contracts of betrothment, 580–583.
Fraud on parties to marriage settlements, 587
-590, and on parties to the contract of mar-
riage, 606-609. See Illegality.
FRAUDS, STATUTE OF, as affecting con
tracts for the sale of goods and chattels, 70—
84. Fixtures and railway shares, 93. Leases,
91. Contracts for an interest in land, 92;
furnished lodgings, 93, 94. Agreements made
in consideration of marriage 95. Agree-

HAY AND STRAW, distraining of, by land-
lords, 707.

HEIR AT LAW, right of action of, upon cove-
nants running with the land, 313, 344, 349.
See Covenants running with the land. The
heir's right of action upon covenants affecting
the value of the inheritance, 350, and for con-
tinuing breaches of real covenants, 350.
HEREDITAMENTS, grants and conveyances
of, 643.

HIRING AND SERVICE, contracts of, 736
-738. Duration of the term of hiring and
service, 738. Yearly hirings of domestic or
menial servants defeasible by custom, 738.
Indefeasible yearly hirings, 739. Hiring by
the month and week, 740, 741. Service at
will, 741. General duties, obligations, and
liabilities of masters, 742. Payment of wages,
743. Presumption of payment, 744. Juris-
diction of justices, ib. Duties and obligations
of the servant, 745. Dissolution of the con-
tract, 746. Dismissal and notice to leave,
746, 747. See Master and Servant.
HORSES, sale of, 220, 223. See Warranty.
Letting and hiring of, 719. Implied warran
ties on the part of the lessor, 719, 720. Lia-
bility of the latter to pay expenses incurred
by the hirer in curing the horse of a danger-
ous disease, 720. Liabilities of the hirer to
provide necessary food and medicines for the
horse, 722, 723. To take care of it, to use
it well, and in the mode tacitly or expressly
agreed upon, 721,722, 854. See Letting and
hiring of chattels. Borrowing and lending of
horses, 851. Liabilities of the borrower, 851
-856. Of the consequences of using a horse
for a purpose different from that for which he
was borrowed, 852. Injuries to the horse
from want of skill in riding, 854, or from
want of proper food, medicines, or care, 723.
Loss by robbery, fire, or inevitable accident,
853. See Borrowing, Bailments without re-
ward.

HUSBAND, right of action of upon the wife's
rel and personal contracts under seal, 336.
Covenants running with the wife's lands, 336.
Of the joinder of the wife as a co-plaintiff in
actions upon such contracts, 336. Reduction
of the wife's choses in action into possession,
337. Of the husband's right of action upon bonds
and covenants made with the wife during co-
verture, 337. Husband's right of action upon
the wife's simple contracts, 338. When the
wife may be joined with the husband as a co-
plaintiff, 338-340. Of the husband's right
to administer when his wife is a feme covert,
executrix, or administratrix, 340. Of the
right of action of the surviving husband upon
the contracts of his deceased wife, 343-346.
See Widower.

LIABILITIES of the HUSBAND upon the wife's
CONTRACTS during COHABITATION, 609.
Con-
tracts made by the wife before marriage, 609,
610. Contracts made by the wife during mar-

riage, 611, 612. Liability of the husband for
the price of goods sold to the wife, 613. Of
the implied authority of the wife to contract
for the husband, 614, 615. Loans of money
to the wife, 616. Subsequent sanction and
adoption by the husband of the wife's con-
tracts, 616, 617. Exemption of the husband
on the ground of credit having been given to
the wife, 618-621. Proof of the marriage,
ib.

LIABILITY of the husband in respect of the wife's
debts and engagements after SEPARATION OF
DIVORCE, 621. See Separation, Divorce.
Exemption of the husband from liability when
the separation is occasioned by the adultery of
the wife, 628. Proof of the adultery, 629.
Desertion of the husband by the wife, 629.
Wife's offer to return, effect of, 630. Desertion
of the wife by the husband, 631. Liability of
the husband for necessaries furnished to the
wife during a separation caused by his own
cruelty and misconduct, 632, 633. What
things may be said to be necessaries, 634.
Illegality of deeds providing for future separa-
tion, 625. Covenants by the husband to pro-
vide alimony, or pay an annuity to the wife,
624, 625. Effect of a subsequent reconcilia-
tion, 626. Effect of an offer on the part of the
husband to continue cohabitation, ib. Settle-
ment of property in deeds of separation, 626.
Liability of the husband on the wife's contracts
after separation, 628. See Husband. Hus-
band's liability upon the wife's contracts for
necessaries during a separation by mutual
consent, 635. Termination of such liability
by the husband's requiring the wife to return
to him, 635, 636. Husband's liability for
necessaries not discharged by an unperformed
covenant to pay an allowance to the wife, b.
ILLEGALITY OF CONTRACTS made contra
bonos mores, or in contravention of the policy
of the law or of acts of parliament, 214, 231;
or of the law of bankruptcy and insolvency,
325, 326; or in restraint of marriage, 571;
or for encouraging and promoting gambling,
168, 169; or imprudent matches, 569, 570;
or clandestine marriages, 572, 574; or the
separation of husband and wife, 625; or for
delaying or defeating the just claims of cre
ditors, 69. Illegal marriages, 606-609. Of
the defence of illegality and fraud, 145.
Avoidance of deeds and simple contracts, b.
162. See Prostitution, Fraud, Public
Policy.

IMPLIED COVENANTS AND PROMISES,
206-209-217, 226-237. Implied con-
tracts of sale, 217-219. Implied warranties,
219-226. Implied promises in respect of
money lent, 226. Money paid. 227-231.
Money had and received, 231-236. Account
stated, 236, 237. Implied promises between
vendor and purchaser, 219; landlord and
tenant, 643, 710-717; lessor and hirer of
chattels, 718--723; innkeeper and guest,