to vote on stock held in pledge, 219.
to sell pledge or collect, 279-297.
AVERAGE, on a loss by jettison, 612.

what included in general, 596, 612.
BAGGAGE, liability for, 498, 502, 570–573.
fare covers baggage, 639–701.
to be checked, 571.

lien on baggage, 648.

on through lines, 572, 573.
delivery of, 558, 560, 574.

checks given for, 574.

extra baggage, 575, 576.
delivery of to carriers, 571.

the delivery must be fairly made,

529.

left behind with carrier, 90.

what amount of money with bag-
gage, 529.

action for that of son, servant or
agent, 576.

sending, without passenger, 576.
BAILEE, competency of persons to act
as, 13-17.

a finder regarded as, 18-24.
has a special property, 36-42.
liability of, when acting gratui-
tously, 43-49, 78-84.

reasonable use of property, 32, 65.
treatment of sealed packages, 49, 67.
individual character of, 50.
voluntary engagement, 51.
restitution by, how made, 54-62.
conversion by, 58-62.
evidence against, 62-64.

cannot resist true owner, 62-64, 73.

SECTIONS.

BAILEE, of baggage or goods left acci-
dentally with carrier, 99.
contract by, consideration, 87-91.
right of action by, 103-105.
conversion by-proof of, 106–109.
breach of contract by, 110.
death of, 114-117.

for gratuitous use, Lorrower, 120–

175.

for mutual benefit, pledges, 176–324
difference between pledgee and

mortgagee, 177–189, 203, 298.
capacity of parties to pledge, 189,
100.

his relation to the property, 191–201
to the subject matter, 202–208.
to the mode of acquiring pledge,
200-223.

to the original debt, 224-233.
pledgee's duty in preserving, 234-
214.

his interest or property in pledge,
245-278.

how foreclosed, 279–297.

duty to account and restore, 298-
311.

remedies by and against, 312–324.
BAILEE FOR HIRE, 325-449.
liability of, 327-331.

lien under common and statute
law, 331.

as a warehouseman, 332-354.

as a forwarder, 535-363.

as carrier and warehouseman, 336,
340.

raising or lowering goods, 343.
scope of duties, 44, 345.
misdelivery, &c., 348.

his lien, as warehouseman, 330, 351.
contract of, receipts in store, &c.,
352.

duty to redeliver, title, proof, 353,
354.

as wharfinger, 355-363.
his lien, 354-368.

his property and liability, 369–372.
his rights under contract, 373-353.
when he is an infant, 378.

care and diligence required, 384-
$383.

liability in respect to servants, 389-
393.

to restore goods, &c., 399-409.
title under bailment for services,
414-419.

right of property and lien, 420–424,

448.

losses-how borne-insurance, 425.
use of diligence and skill, 426,
444, 446.

must fulfill contract, &c., 447.
BAILMENT, general definitions, 1, 2.
classes of, 3.

SECTIONS.

BAILMENT, of choses in action, 2. degrees of liability, 4. degrees of diligence, 5-9.

gratuitous on part of bailee, 10-119.
gratuitous on part of bailor, 120-175.
for mutual benefit of parties, 176–
750.

pledges or pawns, 176–324.
for hire, 325-331-449.

for labor and services, 410-425, 443.
by delivery to innkeepers, 450-479.
by delivery to special or quasi-car-
riers, 480-494.

by delivery to common carriers, 495-750.

BAILOR, parties acting as, 13-17. general property in, 36-42. rights of, 54-62.

must bear expenses, 66-68.

goods deposited by servant, 70, 71. letting animals for their keep, 85. delivering to keep or return, 85, 86. right of action by, 102-105.

when recovery by passes title, 111. effect of his death, 117. Without Reward, 120–175.

of things to be replaced in kind, 120.

property or interest of parties, 128-
134.

degree of care required, 135–137.
use of the goods, 133-141.
ordinary expenses, 142.
fraud, larceny, &c., 143-146.

not liable for certain losses, 147-
154.

evidence, actions, &c.. 155-159.
duty to restore, 160-175.

lender's title not to be disputed,
173, 174.

Under

Contract of Pledge, 176

324. general title in pledgor, 176, 186, 188, 206, 298.

right or power to create pledge, 191-201.

of what property, 202-208. mode of making, 209–223. relation of pledge to original debt, 224-233.

pledge-how preserved, 234-244. what property in pledgor, 245-278. with reference to a sale or foreclosure, 279-297.

right to have a return, 298-311. remedies to enforce, 312-324. Under Bailment for Hire, 325.

of goods or chattels for use, 328, 331, 369-375.

of goods for storage, 332-354. delivering goods to forwarder, 335,

516.

of goods with carrier, 336-340.

SECTIONS.

BAILOR, sales by, effect of, 347. bound by custom, 351. subject to law of lien, 350, 364-3C9. hire, after goods perish, 375. under a Sunday contract, 377. under an invalid contract, 377,378. right to insist on contract, 379–383. must bear what expenses, 385. where bailee recovers value of goods, 386.

under contract of hire or sale, 387. under a joint bailment, 388. liability for servants, 389-398.

right to have a return of goods, 399-403.

rights respecting mode and place,
404-106, 408.

return after a conversion, 407.
after bailment ends, 409.

FOR LABOR AND SERVICES, 410-419.
bailee's property and lien, 420–424.
losses, by whom borne, 425.
care and skill required, 443–446.
work must be done to pass title,
&c., 447.

lien for work, 448, 449.

BANK, effect of deposit in, 41. special deposit in, 45-49.

receiving drafts and notes for collection, 91.

BANK DIRECTORS, duties and liabilities, 92-95.

BARRATRY, insurance against, 589. thefts, &c., 589, 613.

BANKRUPTCY, effect of on bailment, 119. acts and events working a trans. fer, 119.

BARGEMEN, when common carriers, 514. BILL OF LADING, nature and use of 590.

use of as a pledge, 210-215, 590.
considered as a contract, 590-593.
fixing amount of freight, 592.
time for unloading, demurrage,
&c., 593.

master's power to make, 594.
receipt in bill, 584, 585, 640.
clean bill, effect of, 596, 588.
usage to explain, 588.

when a purchaser of vessel is bound
by, 590.

verbal contract, receipts under 584. losses under exceptions in, 597.

BONA FIDE PURCHASER, of a pledge, 258, 266, 267.

advancors so considered, 193–197, 210-218.

of negotiable paper, 222, 303. demand of note secured by collatterals, 256.

BORROWER, liability of, 5-7.

for what degree of skill and care, 135-137.

SECTIONS.

BORROWER, how to use thing borrowed,
138-141.

when liable for fraud, &c., 143-145.
when exempt from liability, 147-
152.

liability after demand, 152.
ordinary wear or decay, 153.
burden of proof in actions against,
155-159.

duty to return, 161–169, 170-175.
incompetency as a party, 125, 127.
his interest or special property,
128-134.

under a precarious loan, 170.

not liable for all losses, 172.
his relation to the title, 173-175.
BRIDGES, duty in building, 429.

railway company liable for, 602.
BURDEN OF PROOF, in suits against a
depositary, 58-62.

in suits against mandatary, 106-
110.

in suits against borrower, 155-159.
showing restitution, 160-169.
showing or excusing losses, 171-
175.

creating pledges, 191–201.

relating to mode of making, 209-
223.

duty in preserving, 234-244.
relating to interest of pledgor and
pledgee, 245-278.

to sale or foreclosure, 279–297.
relating to tille, 305-308.

to remedies, pledges, &c., 312-324.
in bailments for hire, 399-403.
showing return, &c., 405-409.
relating to bailments for services,
414-419.

lien therefor, 420-425.

under contracts for personal ser-
vices, 433-441.

to charge an innkeeper, 455-466,
479.

to charge telegraph company, 489.
to fix character of common carrier,
495-517.

of delivery to carrier, 527.

under special contracts by, 554-
595.

to prove special contract, 560, 561.
or through contracts, 577, 583, 585.
exceptious-delays, 586-589, 609-

614.

in actions against carrier, 668–672,
686.

of passenger-carrier's negligence,
712, 716, 721.

form of action affects, 62, 155–159,
172.

effect of loss by fire, 236.

by receipt in bill of lading, 584, 585,
640.

SECTIONS.

CANAL CARRIERS, who are, 511-514.
those who are so engaged, 514.
CANALS, freezing of, an act of God, 537,
538.

excusing delay, 537, 538.
CAPTORS, rights and duties of, 547.
title of, how perfected, 547.
CAPTURE, losses by, 547.
CARE AND DILIGENCE, degrees of, 4-9.
by a depositary, 43-51.
sealed packages, 49.

bailee's personal character, 50.
under a spontaneous offer, 51.
required of a mandatary, 78-86.
of a borrower, 135-137.
when not liable, 147-152, 172.
required of a pledgee, 234-244.
rule stated, 234.

qualifications of rule, 235–237.
treatment of collaterals, 238-244.
required of a birer of chattels, 329,
370, 384.

of a warehouseman, 333-349.
of a forwarder, 334.

of a wharfinger, 356-363.
of a lessor of chattels, 373.
towards servants, 395.

required of bailee for services, 444-
446.

required of innkeepers, 462-466.
of guests, 465.

of telegraph companies, 487, 493.
of common carriers, 532-351.
to escape superior force, 541.
under special stipulations, 562–570.
exceptions of specific perils, 586-
589.

in the transportation of goods, 596-
614.

in delivery by the carrier, 615–633.
in carriage of live stock, 678-687.
in receiving passengers, 688, 689,
696, 697.
regulations to

secure order and

safety, 689-697.
relating to tickets, 700, 703, 729,
730.

cannot stipulate against duty, 705.
rule of diligence, 707-723.

to furnish safe conveyance, 710-
713.

duties by the way, 714-723, 729.
observing law of road, 724-728.
usual stopping places, 729.
use of tickets, 729, 730.

to avoid dangers, 710, 718-720, 723,
731.

of passenger carriers by water, 732,
735.

CARRIAGES, carrier must furnish safe,

601.

so must a livery stable keeper, 373
374.

645-654.

it a specific lien, 645.

when it does not arise, 646. when it attaches, 647.

on baggage, 648.

detached from part, 649.

preserved on storing goods, &c. 650. released by contract or delivery 651. for advances to former carrier, 652. charterer's rights, 653. enforcing or defeating, 654.

failure to comply with statutelights, 738.

meeting vessels-rules of naviga-
tion-origin of, 739-744.

admiralty rule-collisions, 745, 546.
common law rule, 746.
statutory provisions, 747.

of steam passenger vessels, 748.
intent and effect of statutes, 749.
master's duty, &c., 750.

CARTMEN, when common carriers, 500.

ceive and carry, 688-698.

orderly persons, 689.

right and duty to perserve order, 689-694.

to furnish seats, &c., 695.
safety of stations, depots, platforms,
696.

receiving passengers, 697, 698.
payment of fare, 699–701.
lien on baggage, 701.

how rendered available, 701.
contracts to carry, 702-706.

essence of, delay, damages, 702. through contracts, 703.

lex loci contractus, 704.

exemptions, 705.

where no contract, 706.

general liability of, 707-723.

for servants, coaches, cars, &c. 708710.

for tracks, road bridges, 710.

330.

inevitable accidents, 147-149, 171. losses by fire, 48, 149, 235, 333, 359, 360, 543.

from thieves, 45, 172, 235, 359.
destruction of things bailed, 375,
409.

sickness, death, effect of, 438.
losses by at inns, 463, 478, 467.
loss by fire in carrier's hands, 235,
543, 604.

CATTLE; see Live Stock.

CHARACTER OF BAILEE, when material, 50.

CHARTERER, when considered owner, 482.

under statute, 558, 559. CHARTER-PARTY, contract of, 595. enforcement of, 595.

712.

acts of force and wrong, 713.

fences, cattle guards, 714.

getting on and off-contributory negligence, 715-723. standing on platform, 717.

leaping from car to escape peril, 719.

imputable negligence, 720.

proof of contributory negligence,

741.

liability to servants, 722.

on account of servants, 723.
bad or rash conduct, 723.

must observe law of road, 724-728.
duties by the way-refreshments,
729-731.

stop-over tickets, 729.

restriction in use of tickets, 730. notice of danger-duty after accident, 731.

intoxication-racing, 723. CARRIERS OF PASSENGERS BY WATER; duty of, and under statute, 732,733. rules of navigation-lights, 734. general duty-precautions, 735. common law rule of liability, 736. inevitable accidents-collisions, 737.

pledges, 177.

likeness and unlikeness to mort

gages on lands, 178.

effect of a chattel mortgage, 179.

right of possession under, 180. mortgagor's right of redemption, 181.

mortgagee not obliged to foreclose,
182.

mortgage, how extinguished, 183.
sale under mortgage, 184.
sale on execution, 263.
follows debt, as incident, 185.
difference between it and a pledge,
186, 188, 206, 298.

difference between it and a condi-
tional sale, 188.

a deed and mortgage of lands, 187. CHECKS, for baggage, effect of, 574. duty to give, 571.

checking through, 572.

CHEESE FACTORY, character of, 416. CHOSES IN ACTION; See Pledges, Pledg es of Choses in Action, Collateral Securities.

may be pledged, 205, 205. CLEAN BILL, what is, 596, 612, 588. effect of, 588.

SECTIONS.

SECTIONS

CLEAN BILL, fixing amount, 584, 585.
CLERGYMEN AND MINISTERS, contracts
by, 432.

COMMODATUM a loan for use, 123-127.
borrower's interest, 128, 129.
lender's interest, 131-134.

504.

COFFEE HOUSE, when an inn, 453, 454.
COLLATERAL SECURITIES, mortgages,
real and personal, 176–190.

power to give, 191-201.
under factors act, 194, 195.
negotiable paper, 193, 197, 222.
how to be preserved and used, 238–
244, 256.

rights of the parties to, 245-248.
holder's rights and remedies, 249–
271.

applying proceeds of, 272-278.
special interests or rights of prop-
erty, 198-201-221.

pensions or salaries, 203, 204.
incorporeal things, how used as,
205, 206.

bills of lading used as, 210-215.
written evidences of title, 214-218.
shares of stock used as, 219, 283,
284.

choses in action, policies of insur-
ance, 220.

relation of to original debt, 224–
233.

sale or foreclosure, right of, 279-
282.

agreements regulating, 283, 288.
proceedings in, 284–289.
sales by a factor, 290.

who may purchase, 291-294, 324.
when may and when must sell, 295-
297.

to be accounted for, 298–311.
rights of third parties respected,
302-307, 310.

to secure usurious loan, 227, 308.
unlawful detention, 311.
remedies by owner, 312-324.
right to redeem, 313-315, 317, 318.
right of a purchaser, 316.
actions when brought, 320-324.
COLLISIONS, of ships a sea-peril, 546.
rules relating to, 737.

at common law, 746.

in admiralty, 745.

COMMISSIONS OR MANDATES, 74–119.
contract and subject of it, 74-76,
77, 87-91.

rule of diligence, 78–86.

directors of corporations, 92-95.
remedies against bailees, 96-102.
by bailor or bailee, 102-105.
burden of proof, 106–110.
termination of the bailment, 113-
119.

COMMODATUM, or gratuitous loan, 3,
120-175.

the character assumed, 495–499.
cartmen, draymen, porters, 500.
wagoners, old customs, 501.
stage coaches, 502, 503.
hackmen and cabmen, 504.

baggage express companies, 500.
ferrymen when chargeable as, 505–
507.

masters of vessels, 508-510.

owners navigating vessels, 511-
514.

railroads as carriers, 515.

express companies, 516.
special agreements to carry, 517.
duty to receive and carry, 518–522.
on equal terms, 518-520.

cannot impose his own terms, 521,
553.

rights in receiving, 522.

delivery to the carrier, 523-531.
usages affecting, 524-526.

when carrier becomes liable, 528.
good faith in making, 529, 530.
dangerous goods, 531.

rule of responsibility, 532-536.
acts of God, exceptions, 537-546.
losses by the public enemy,547-551.
liable as insurers, 549-551.
implied duties and stipulations,
550, 551.

special contracts by, 552–595.
history and effect of public notices,
554-560.

under statutes, English and Ameri-
can, 555-560.

receipts embodying contracts, 561.
freedom of contract, 562-565.

general words of exemption, 566-
563.

mode of receiving and receipting
goods, 567-569.

receiving and checking baggage,
570-575.

through contracts, 572-585.

effect of New York statute, 573.
tickets, checks, evidence, 574.
through contract, when implied,
577-585.

agent, son, servant, 576.
through contracts, English rule,
578, 583.

through lines, 579.

address on goods, effect of, 580–583.
verbal and written contracts, 554,
bill of lading, receipt in, 584, 585,
590.

exceptions, perils of seas, rivers,
lakes, 586, 587.

clean bill of lading, 588.