SECTIONS.

COMMON CARRIERS, office of bill, stipulations in, 590-594. charter-party, how enforced, 595. carriage of goods, 596-614. duty in stowing goods, 596. mode of carrying, leakage and breakage, 597.

to preserve injured goods, 598.
decay, delays, bad packing &c.,
598, 599.

reshipping or transshipping, 600.
duties by the way, 601-605.
ships, coaches, roads, bridges, &c.
601, 604.

thefts, robbery, barratry, insur-
ance, 605.

employment of other carriers, 606.
under special agreements, 607-669.
damages, loss, delay, &c., 610, 611.
jettison, must contribute for, 612.
wrong or fraud by third parties,
613, 614.

insurance by carrier, 613.
actions by carrier, 614.
delivery by carriers, 615-633.

under different situations, 615-623.
by coach or express carriers, 618.
by water carriers, 619-623.
by railway carriers, 624-623.
to party holding title, 629.
when goods are stopped, 630-632.
carrier's hire or reward, 634-644.
carrier's lien, 645–654.
remedies against, 655–677.
parties to action, 635–667.

burden of proof, 668–672.
damages, 673-677.

carriage of live stock, 678-687.
defences by, 687.

through Blue line, 687.
perishable property, 597-599.

losses from nature of property, 679-
686.

COMPLAINT, against a carrier, 655-664. on special contracts, 653, 664, 586. exceptions, treatment of, 585. CONCEALMENT, on delivery to carrier, 530, 531.

effect of public notices, 554, 555. under statutes, 555-560.

fraud and imposition on carrier,
565, 569.

by bailor letting horses, 373.
when fraud in law, 565, 569.

by paying as for an ordinary parcel, 565, 567, 570. duty to disclose? 568. CONFUSION, pledgee to prevent, 271. his duty towards different parties, 192, 272-274.

CONSIDERATION, in a contract of deposit, 24.

of mandate, 74, 77, 88, 87, 89.

SECTIONS.

CONSIDERATION, under a loan, 123, 130134, 140.

in a pledge, 176, 189, 190. CONSIGNEE, delivery to, when not found, 623.

must pay freight & c. when, 592,593. packages marked C. O. D., 623. action by, being the owner, 665. CONSIGNMENT, to meet advances, 591. CONSIGNOR AND CONSIGNEE, with

whom is the carrier's contract, 635-667.

with the owner, 663-667. CONTRACT, power to make, how revoked, 114-119.

when completed by letter, 118.
by depositary, 10; by mandatary,
87-90.

by skilled workmen, 426-432. carrier's right under, 614. CONTRIBUTORY NEGLIGENCE, by a guest at an inn, 465.

by passenger, burden of proof, 712, 716, 721.

by infants, 720.

standing on platform, 717.

alighting from car, 715, 718, 719.
getting on a moving train, 718.
getting off under advice, 719.
to escape danger, 719.

in suit against a negligent third
party, 720.

burden of proving, 721-723. CONVERSION, by a depositary, 42, 58-64. bailee liable after, 60, 61, 152. waiver of, 42.

by sale of goods, 70–73.
by a mandatary, 93-105.
burden of proof of, 106-109.

by sale or misappropriation, 257,
266-271.

of bonds and notes, 270, 305, 306, 309.

by a refusal to return, 353.

under illegal contracts, 377-379. by misusing hired goods, &c. 381383.

by a misdelivery, 406.

effect of return after, 407. CORPORATIONS, acting as mandataries,

91.

directors and managers of, 92-95. as carriers, 515, 519. COUNTERMAND of authority, 58, 170. allowed when, 58, 134, 170. and when not, 100.

of license to use, 377, 378. COUNSELLOR, right to recover for ser vices, 431.

liable for want of skill, 430. barrister, English rule, 430, 431. CREDITORS, rights as against assignee, 7,294.

SECTIONS.

CREDITORS, several interested in a
pledge, 273, 274, 295.

right to sell goods under pledge,
259-262.

under statute law, 287.

may pledgee's interest be levied on,
263, 264.

rights of creditors of pledgor, 316.
or factor, 316.

sales under a del credere commission
note, 278, 367.

CUSTODY, sheriff may leave goods with
a receiptor, 28, 34.

of a servant or agent, 70, 72.
restoring, by borrower, 161-165.
differs from possession, 269, 270.
delivery to innkeeper's, 459, 460.
delivery to carrier's, 526.
CUSTOM, warehouseman may advance
under, 351.

carrier may, 607, 642, 643, 652.
effect of on contracts, 588.
affecting delivery to carrier, 524–
527.

delivery by carrier, 620, 626.

to explain bill of lading, 588.
when not allowed, 238.
DAMAGES, general rule of, 112, 677.

in actions against, carriers, 608-610,

673.

caused by delay, 608-611, 677.
proof of damages, C11.
when deducted from freight, 640.
rule of against carrier, 673-677.
when goods are injured, 674.
under executory contracts, 676.
under special agreements, 598.
duty to limit, 598, 599.

for delay of passenger, 702.
DANGEROUS GOODS, delivery of to car-
rier, duty in making, 531.
DANGERS OF NAVIGATION, what so con-
sidered, 587.

how construed as an exception, 586,
587.

in policies of insurance, 589.
See Navigation.

DANGERS OF THE SEAS, RIVERS, LAKES,
586-589.

exceptions of in bill of lading, how
treated in pleading, 586.
scope and effect of, 586, 587.
in policies of insurance, 589.
fire not included in, 586.

duty on happening of loss by, 598.
when contribution for, 612.
collisions from, 737, 745, 745.
loss by covered by statute, 559.
exceptions of in receipt, 561.

DEATII, effect of death of bailee, 114-
116.

of bailor, 117.

effect of on contract of pledge, 265.

SECTIONS

DEATH,causing death or injury to pas

sengers, 695, 747.

bearing of lex loci on, 704.
DEBTS, USURIOUS, effect of giving se-
curities for payment of, 225-228.
pledge of valid securities on, 308.
DEBTS, ILLEGAL, pledges to secure, 225,
227.

given on void coutracts, 228.
DECK GOODS, relation of to cargo, 588,
596.

when to contribute, 583, 596.
DECLARATION OR COMPLAINT, against
carrier, 655-664.

on special contracts, 586, 663, 664.
exceptions in contract, 586.
DELAY, by common carrier, 598, 599,
608-611, 677.

of passengers, 702.

DEL CREDERE, sales under, 367.

effect of sales, note, 278.

DELIVERY, to rightful owner, effect of,
54, 57.

to a stranger, effect of, 58, 59,
348.

effect of a misdelivery, 72, 99, 162,
406.

to keep at a price or return, 85.
to be returned in kind, 120, 121.
on a condition, sale or return, 85.
involved in all the definitions, 1,
10, 74.

on a loan for use, 123-125.

of things as a security, 176, 177.
by an infant, 189.

by transfers, 193, 211, 219, 220.
of negotiable securities, 222, 196,
197, 306.

of goods in bond, 216, 217.
by bailee for special purpose, 270.
for labor and services, 410, 443.
to an innkeeper, 459-461, 467, 478.
of mail matter, 483-485.
of telegraphic messages, 486-494.
to common carrier, 523-531.
of money with baggage, 529.
failure in making, 605.
by the carrier, 615.

under through contract, 616.
to connecting line, 617.

by land carriers, coach or express,
618.

mutual acts in, 619.

notice of landing, &c., 620.
place and duty of, 621, 622.

consignee not found-C. O. D., 623.
ship and railway carriers, 624.
notice of arrival, 625, 626.
time and proof of, 627, 628.
to party holding title, 629.
stoppage in transitu, 631, 633.
See various titles-Baggage,
Freight, Lien, Consignee.

SECTIONS.

DEMAND AND REFUSAL, effect of, 58-64. consequences of, 59-63.

as evidence of a conversion, 42.
waiver of a conversion, 42.
taking back after is not, 407.
of goods by a third party, 70-73.
having right or title, 100.
when not necessary, 97-100.
action to suit the case, 101-105.
proof depends on action, 106–109.
not required to prove conversion,
when, 257, 267-271.
misappropriation, 305, 306, 381-383.
party coming into rights of pledg-
or, 316.

bailor's right to demand, 353, 377-
379.

when goods are deliverable on demand, 408.

after bailor's title terminates, 409. DEPOSITARY; see Deposits, ₫ 10–73. liability of, 43-51.

under a special agreement, 48.
of money in litigation, 12.
duty to redeliver, 54-53.
remedies against, 59-73.

should not gain or lose, 65, 66, 67,
68.

duty to keep, 69.

must restore to owner, 70, 71-73.
special property, 36-39.

duties under civil law, 57.

misconduct under common law, 58. effect of a demand, 59.

consequences of a conversion, 60,
61.

presumptions against, 62.
cannot resist true owner, 63.
right to use, 65.
special expenses by, 68.

cannot pledge and must redeliver,
69, 72.

duty to true owner, 70, 73. DEPOSITS, Contracts of, 10-73.

is there a contract? 10.

subject matter of the contract, 11.
money in court, to await a judg-
ment or decision, 12.

parties to the contract, 13-17.
married women as parties, 13.
incompetent parties-infants, 14.
persons of unsound mind, 15.
intoxicated persons, 16, 17.
finders of goods, &c., 18-21.
in a bank, 41, 45.
rule of liability, 43-51.
under a special engagement, 48.
on spontaneous offer, 50, 51.
redelivery by bailee, 54-58.
remedies for refusal, 59-73.
right to use, 65.

DEPOSITUM, definition of, 3.
liability under, 6.

SECTIONS.

DESTRUCTION, of things bailed, effect of on a bailment, 375, 409. by a casual fire, 48, 149, 235, 236, 333, 359, 360, 543, 604.

at an inn, 463, 467, 478. DETERMINATION, of contract of bailment, 114-119.

of contracts of pledge, 298-305.
of contracts of hire, 375, 404-409.
by infants, 378.

DEVIATION, from contract, when ex-
cused, 439, 440, 442.
when not excused, 447.
from course of voyage, 539.

from instructions, 540, 97, 580. from published rules by R. R., 729. DILIGENCE, kinds or degrees of, 4-9. by a depositary, 43-51. sealed packages, 49. individual character, 50.

under a spontaneous offer, 51. See Care and Diligence. DISCRIMINATIONS IN FREIGHT, allowed, 519, 520.

and disallowed, 519, 520.

DISORDERLY PERSONS, how treated as passengers, 688-694.

need not be received, 689, 690.
or at an inn, 471.

DISPATCH, in carrying goods, 608.
under contract, 608, 609.
ENEMIES, who are public enemies, 547.
and who not so regarded, 547.
ground of rule, 547, 548.

EQUAL AND IMPARTIAL TERMS; carriers must act on, 519, 520.

EQUIPMENT, of railroads and other carriers, 601, 602.

construction of road, bridges, &c., 602.

EQUITY, when synonymous with justice, note 9.

ESTOPPEL, doctrine of, 29, 30.

bailee estopped from disputing the
title of the bailor, 73, 173.
bailor, when estopped, 191, 192.
as between receiptor and sheriff,
9, 320.

ESTRAYS, compensation for keeping, 20. EVIDENCE, of contracting capacity, 1417.

to prove larceny by finder, 21.
in action against depositary, 62.
against mandatary, 96-101, 106-110.
against borrower, 155-159.

as to place and mode of return,
160-169.

respecting restitution of pledges, 298-307.

remedies given for, 312-324.

to show character of bailee for hire, 334-337.

carrier at depots, 334-340.

SECTIONS.

EVIDENCE, of warehousemen's right
to advance freight, 351.

receipts of grain in store, on freight
&c. 352.

onus of proof, 354.

when changed, 399–402.

to establish character of carrier,
496, 517.

by carrying parcels, 503.
character of ferryman, 506.
owners of vessels, 512.

of delivery to carrier, 523-531.

of special contracts by carrier, 552-
595.

by published notices, 554-560.
under statutes, 555-59, 573.
of contract, by checks, tickets,
notices, 560, 574.

receipt embodying contract, 561,
585-595.

specifying amount of goods, 584,
585.

actual notice, 569.

delivery of baggage to carrier, 529,
530, 570-575.

of exemptions, 562-569.

from sea perils, &c. 586-589.

of through contracts, 573, 577–585.
against insurer, 589.

clean bill of lading, 588.

effect of bill on freight, demurrage,
&c. 590-595.

stowage, leakage, breakage, &c.,
596, 597.

decay, delay, packing, transship-
ping, 598-600, 608, 611.

ships, cars, roads, bridges, 601-604.
carrier's liability for losses, 602-
613.

contract governs, 614.

SECTIONS

EXECUTORY CONTRACTS, of pledge, 198,
199, 200.

of pensions, or salaries, not due,
203, 204.

of goods to be made to order, 410-
413, 414.

to make on shares, 416-418.
when title passes, 447.

EXEMPTIONS FROM LIABILITY, stipula-
tions for by common carrier, 552-
560.

freedom of contract, 561-569.
from specified perils, 586-589.
EXPERTS, liability of when acting gra-
tuitously, 77.

skill required of in their calling,
426-432.

in a bailment for services, 444,
445.

EXPENSES, by whom borne, owner, 20.
of saving from sea perils, 23.
to protect property, 66.
borrower to pay ordinary, 142.
what to be paid by pledgor, 299.
what to be paid by hirer, 385.
by an exempt carrier, 598.

as an element of damages, 702.
of collection by pledgee, 241, 242,
299.

to preserve chattels, 330.

by common carrier, 598.

EXPRESS CARRIERS, effect of their con-
tract, 606.

right to sue actual carrier, 606.
limit of recovery in action, 606.
special trusts assumed by, 607, 623.
express companies common carriers,
516.

of parcels, contracts by, 555-574.
See Negotiable Paper, and Money.

to carrier's hire, 634-644.

to carrier's lien, 645-654.

in actions against carrier, 655–677.
EXCEPTIONS, in bills of lading, &c. 604,
586-589.

absence of, liability of carrier for
losses by theft, fraud, or violence,
605.

by special contracts, 552-569.
EXECUTION, pledges not liable to at
common law, 259.

how far liable under statutes, 259-
263.

executions against bailees, 263, 264.
against mortgagor of goods, 263.
EXECUTORS AND ADMINISTRATORS,
114-119, 251, 279.

under contracts of pledge, 298, 313,

321.

effect of death of pledgor or
pledgee, 251, 265.

209-218.

services, 20.

when guilty of larceny, 21.

estrays and wrecks, 19, 22.

293, 249, 250.

may agree upon a sale of a pledge,

283.

salvage, 23.

FIRE; losses by fire, by whom borne, 48,

149.

borrower not liable for, 149. pledgee not liable, 235, 235.

no presumption of negligence from a loss by, 236.

a bailee for hire not liable for, 333, 359, 360.

when carrier liable for, 543, 617. losses of baggage by, 571.

effect of exemption from by stipulation, 705.

general rule, 236, 543, 604.

losses by fire at an inn, 463, 467,

478.

carrier's exemption by statute, 543, 617.

FORCE IRRESISTIBLE, when an act of
God, 532-548.

natural forces, 537, 542, 544.
when it is no excuse, 533-541.
enemies armed with, 547, 543.
losses from, effect of, 143–151, 171.
robbery or theft, 45, 235, 237, 359.
casual injury by force, 330.
injury by to warehouse, 344, 345.
effect of, destroying the goods bail-
ed, 409, 443.

FORECLOSURE, OR SALE, of pledges, 2.9-297.

mo:les of, 279, 280, 297, 317.
preliminary steps, 281-236.
statutes relating to, 287.

under special relations, 288, 289.
factor's right to sell, 230.
who may purchase, 291, 292.
choses in action, 293.

under a mortgage of a mortgage,
294, 324.

where a pledge covers several debts, 295.

pledgee may, but is not bound to sell, 296.

may foreclose in equity, 297, 313, 701.

of a lien for keeping cattle and horses, 331.

FORFEITURE, of title under a chattel mortgage, 179-182.

mortgagor's right to redeem, 181,
313.

legal title in mortgagee, 182.
payment after forfeiture, 183.
legal title in pledgor, 186.

a deed when a mortgage, 187.
effect of keeping the property,
301.

in favor of owner, 103, 104. in favor of bailee. 104. in favor of a carrier, 614. FORWARDER, liability of, 335.

mode of doing business, 335. express companies more than, 516. contracts to forward, 363. FRAUD OR BAD FAITH, depositary liable for, 45-47.

in procuring loan, 143–145.
when lender liable for, 146.

in use of effects, by pledging, 192,

193.

by factors pledging goods, 194, 195. in the use of negotiable paper, 196, 197, 306, 305, 222.

in preserving pledge, &c., 238-244.
wrongfully appropriating pledge,
254-258.

appropriation by bailee, 319, 301.
toward bailor, by bailee, 348.
in lessor of chattels, 373, 374.
by an infant bailee, 373.
in use of chattels, 402.

in sending telegraphic messages,
493.

in delivering goods to carrier, 529–
531.

in delivering parcels, 564-567.
concealment of value, 565-568.
of goods as baggage, 565, 567, 529,
530.

in delivery to ship carriers, 558.
of third parties, liability for, 613.
insurance against, 605, 613.

in procuring bill of lading, 210, 211.
in the use of the bill, 212-215.

by the use of evidences of title, 215-220.

fraud in law, 529, 530, 565.

FRAUD IN LAW, a silent concealment of the value of goods delivered to a common carrier, 529, 530, 565. carrier's duty to inquire value? 567, 538.

FREIGHT, carrier's hire or reward, 634644.

contracts for, 634, 592.
when it becomes due, 635.
under bill of lading, 592, 636.
purchaser when liable for, 636.
when voyage is arrested or goods
relanded, 637, 638.

when paid in advance, 639.

when losses to be deducted from,

610.

insurance on, 641.

to be paid on delivery, 633, 642.