SECTIONS.

FREIGHT, from whom collectible, 643.
when one catrier is substituted for
another, 644.

discriminations on freight, 519,
520.

right of a carrier to pay freight
earned and collect whole amount
on delivery of goods, 607, 652,
642, 643.

warehouseman may advance, 351.
GARNISHMENT AND INTERPLEADER, 55.
allegations in bill of, 55.

GENERAL LIENS, what parties have,
350, 364-363.

not favored, 364–368.

bailee's property and lien, 420–424,
447.

innkeeper's lien, 473-476.
boarding-house keeper's lien, 477,

478.

carrier's lien, 645-654.

carrier's lien on baggage, 701.

lien of a mortgagee of lands, 178,

187.

effect of pledgee's lien, 259-262.
sale of goods held under, 268, 269.
foreclosure of pledgee's lien, 279-

297.

GENERAL SHIP, effect of advertising as,
482.

when a vessel is not, 512.
GRATUITIOUS BAILEES, liable for what
care, 6.

depositaries, 43-51.
mandataries, 78-86.

a collecting agent, 91, 320.

GRATUITOUS LOANS, when a sale and
when a bailment, 120, 121.
loan for use, 123.

of negotiable paper, 122.
when a loan not gratuitous, 124.

terms of loan like a license, 123,
125.

parties to the bailment, 126, 127.
borrower's interest, 128, 129.
lender's interest 131, 132.
under an indefinite loan, 133.
right to countermand, 134.
degree of diligence required and
skill, 135-137.

how loan to be used, 138-141.
expenses under, by whom borne,

142.

fraud in procuring, effect of, 143-

145.

when lender liable for defects, 146.
borrower, when exempt from lia-
bility, 147-149.

depends on general rule, 150, 151.
liable after demand, 152.
ordinary wear or decay, 153.
valued loans, 154.

in actions, burden of proof, 155–159.

SECTIONS

GRATUITOUS LOANS, implied agreement
to restore, 160.

mode, time and place of return, 161-
168.

under a joint bailment, 169.
under a precarious loan, 170.
borrower not liable for loss, when,
171, 172.

cannot set up title, 173.
conversion, title, 174.
statute of limitations, 175.
GROSS NEGLIGENCE, recognized, 4-7.
depositary liable for, 43-51.
not the same as fraud, 47.
in a mandatary, 78-84.

in directors of a corporation, 92-
94.

in a borrower of goods, 135, 136,
161, 171.

in a pledgee, 234, 235, 240.
in failure to collect, 320.
stipulations for exemption from,
554, 556, 557, 561-568.

negligence in carrying passengers,
711-721.

by water, 735-749.

GUARDIAN, rights of, 57, 104, 105, 114-
117, 119.

effect of good faith in bailee, 70-73
rights of depend on title, 119.

contracts for passage by agent,
son, or servant, 576.

GUESTS, at or iun, who are, 455-458.
innkeeper's duty to receive, 471,
472.

rights of for losses, 459-470.
liability of for reasonable charges,
473-478.

rights of action by, 472, 479.
HACKNEY COACHMAN, when a common
carrier, 504.

or a passenger-carrier, 504.

HIRE, BAILMENTS FOR, 3, 325-449.
bailments for labor and services,
410-425, 443-449.

of custody, contract for, 327-331
of storage, warehousemen, 332–354.
wharves and piers, 355.
contracts of by wharfingers, 356-

368.

of things for use, 369-409.
special property under, 371, 372.
duty of lessor under contract, 373,
374.

after the things perish, 375, 409.
of use where there is no bailment,
376.

under illegal bailments, Sunday
contracts, 377.

under invalid contracts, infants,
378.

hirer's contract, scope of, 379–383
care and diligence required, 384.

whom borne, 385.

actions and remedies, 386-388.
burden of proof, 399–402.

liability in respect to servants, 389-
398.

accession, income or increase, 403.
termination of contract, 404.
duty and incidents of return, 405-
409.

losses, by whom borne, 425.

OF LABOR AND SERVICES GENERAL-
LY, 426-442.

skill required of professional men,
426-432.

of personal services, nature of con-
tract, 433-438.

delays, excuses, &c., 439, 440.
voluntary services, 441.
care, skill, diligence, 443-446.
baileo must fulfill, 447.
his demand and lien, 448.
mechanic's lien, 449.

HIRE-CONTRACTS OF, 1–9, 10–12.
by a mandatary, 91.

by a directoriu a corporation, 92-95.
where things are to be returned in
kind, 120, 121.
loans for keep, 137 a.
valued loans, 154.

involving various bailments, 325-
331.

for use or manufacture, 325.
for safe keeping, 327, 323.
to pasture or to keep, 329-331.
WAREHOUSEMEN, 332-355.
by a forwarder, 35.

in a double capacity, 336-339.
custom may indicate capacity, 333-
341.

or show right to advance freight, 351.

or to interpret receipt, 352.

when warehouseman's duties be

gin and end, 342-354. duties in building, 344, 345. WHARFINGERS, 356-363. liability of, 356–360.

for their servants, 361.

under contracts to forward, 352, 363. HIRE OF THINGS, 369-388, 399403.

rights of parties under contract, 370-380.

hirer limited to use agreed for, 381383.

care and diligence required, 384388.

liability in respect of servants, 389398.

evidence in suits against, 399-403. rights of hirer under contract, 403. termination of contract, 404-409.

towing boats, &c., 480, 562, 563,
affreightment, 481.

post-office department, 483-485.
telegraph companies, 486-494.

HIRE, CONTRACTS OF FOR SERVICES, 426-440.

under a general retainer, 426.

or an agreement for compensation by will, 441.

by physicians and surgeons, 77, 427, 428.

by engineers and architects, 429. by attorney or counsel, 430, 431. by ministers and clergymen, 432. contracts for personal services, 433, 434, 435.

damages for breach of, 435, 440.
contracts of by infant or appren
tice, 436.

agreements for a term, 437.
sickness or death, 433.
delays by employer, 439.
voluntary services, 441.

agreement for board not implied,

duty to furnish accommodations,

695.

colored people, 695.

to preserve order, 690-694.

to protect passengers, 601.
conduct of passenger, 691.

enforcement of rules of order, 692-
694.

stations, depots, platforms, 696,
receiving passengers, 697.
persons lawfully on board, 698.
PAYMENT OF FARE, 699–701.

right and mode of enforcing, 700,
701.

CONTRACT, 702-706.

essence of and mode of making.702.
through contracts-coupon tickets,
703.

lex loci contractus, 704.
exemptions, 705.

where there is no contract, 706.
or an illegal contract, 706.
GENERAL LIABILITY, 707–731.
application of general rule, 707-

710.

ground of rule, 711, 712.

with reference to dangers, 713, 714.
getting on and off, 715–719.
under advice, 719.

standing on platform, 717, 695.
criminal acts of strangers, 713.
action against negligent third par-
ty, 720.

liable for acts of servants, 722, 723.
duty to observe law of road, 724-
728.

carrier's duties by the way, 729-
731.

respecting tickets, 729, 730.
duty after accident, 731.
PASSENGER CARRIERS BY WATER,
732-750.

under State statutes, 733.
rules of navigation-lights, 734,
735, 738-740.

origin of rules-Trinity House, 741.
meeting of vessels, 739-744.
admiralty rule-collisions, 745.
common law rule, 743, 546.
statutory provisions, 747, 749.
of steam passenger vessels, 748.
master's duty and authority, 750.
HIRER, duties of in emergency, 330.
hirer for use, of deposit, &c., 325,
327.

of custody and storage, 328-354.
of things for use, 369-409.
interest or property in, 369–372.
lessor's duty under contract, 373-
375.

where the property is destroyed,
375.

hiring carriage and horses, withi
driver, 376.

under illegal or invalid contracts,
377,378.

bound by the terms of the contract,

379-333.

duty of care and diligence, 384; ex-
penses, 385.

right to recover, 386; hire or sale,
337.

under a joint bailment, 388.
liability in respect of servants,
389-398.

burden of proof in suits, on whom,
399-402.

increase of cattle-accession, 403.
duty to restore chattels, 404-409.
HOTELS, synonymous with inus, 453.
See Inn, Innkeepers, 450-479.
HOYMEN, when common carriers, 499,
544.

ICE, stoppage by considered act of God,
537-545.

on the lakes and rivers, 537-542.
canals and harbors, 537-539.
does not dissolve contracts, 537.
delays by snow and frost, 537,
533.

ILLEGAL CONTRACTS, not enforcible

224-229.

pledges to secure performance of,
224-229.

usurious contracts, 227, 303.

pledges to secure void contracts,
228.

because made on Sunday, 377, 550.
for tavern bills, 452.

pledging salaries or pensions, 203,
204.

stipulating for a penalty, 186, 187,
250, 282, 298.

exemptions stipulated for by car-
rier, 552-560, 563, 566.
of passengers, 693, 705.

violations of statutes, 714, 717, 733,
749.

illegal preferences by carriers, 518-
522.

IMPLIED CONTRACTS.

nature
ground of, 10, 74, 77, 87–91.
under a pledge, 176, 279.
of a factor in possession, 290.
to preserve property. 230.
of a forwarder, 334, 335.
of the owner of a wharf, 355.
of the hirer of chattels, 379.
for skill in business, 427-432.
when not implied, 441.

and

under a contract to tow boats, 480
by a common carrier, 432-151.
INCORPORRAL PROPERTY, how pledged
199, 200, 205, 208, 220, 221.

equities, liens, &c., 193, 199, 221. shares of stock and choses in action, 219-221.

policies of insurance, 220. INCREASE OR INCREMENTS, accrue to the owner, 52, 163.

under contracts of pledge, 299, 300.

increase of herds and flocks, 369, 372, 403.

effect of loss or destruction, 409, 425.

on the hire agreed upon, 375. INDEMNITY, rule of damages designed to furnish, 112, 677.

contracts designed as, by receiptor to sheriff, 28-35.

of sale or return, 85, 349.
accepting trust for a third party,
100.

to cover expenses, 142.
valued loans, 154.
duty to furnish, 192.

duty towards a surety, 224, 272,
302, 310.

towards several creditors, 273. where some of the debts are secured, 274.

pledge a contract of, 298-300, 224, 232.

effect of appropriating the propertỷ, 301.

pledges to fulfill contracts, 203.
cumulative securities on a debt,
304.

for a usurions debt, 308, 309.
design of liens, 350, 364-366, 420-
425, 448, 449.
innkeeper's lien, 473–478.
bailee's lien for hire, 331.

bond of, given on stoppage in tran-
situ, 632.

INEVITABLE ACCIDENT, what is, 532545.

specifications of, 537-544.
effect of on freight, 545.
terms considered, 546.

public enemy, pirates, robbers,

547.

ground of general rule, exempting from, 548-551.

bailees not liable for losses by, 171, 234-237.

INFANTS, capacity to contract, 13, 14, 126, 189.

contracts of hire by, 378.
contracts by, to work, 436, 437.

pledges and chattel mortgages by,
189.

liable for torts, 378.

right of action by against carrier, 698.

hire, 3.

nature of their business, 450-454. who are such, 450-454.

who are considered guests, 455-458. delivery to, modes of, 459-461. responsibility of, 462-433.

as qualified by statute, 467-470, 478.

duty of to receive guests, 471, 472. lien of and how available, 473–476. lien of boarding-house keepers, 477. actions against, 479.

INNS, common law character of, 453. combined with boarding house, 456. hiring accommodations in, 457. an old description of, appendix. INSURANCE, policies of, as collaterals, 220, 304.

warehouseman not liable as an
insurer, 333.

bailee may insure, 425, 360.
by common carrier, 549.

against certain perils, 589, 605.
on freight, by carrier, 545.

insurance against sea perils, &c.,

589.

against fraud, theft, &c., 613, 589. law regards proximate cause of loss, 589.

INTEREST, regarded as the natural increase of property, 52, 163. allowed by the rule of damages, 112. to be accounted for by pledgee, 298, 300.

loans on usurious interest, 227, 308. INTEREST INSURABLE, what, 350. sheriff has, 35. factor has, 425.

common carrier has, 605, 589.
on freight, 641.

a bailee has, 360, 425. owner of goods has, 425. INTERPLEADER, bill of, when, 55. allegations in the bill, 55. IRRESISTIBLE FORCE, when it excuses a

common carrier, 532-545, 547-551. when bailees not liable for losses by, 171, 234-237. innkeepers, 464.

JETTISON, contribution for, 612, 537,

596.

modo of settling, 612.

effect of losses by, 537, 545.

when goods are improperly stowed, 593.

JOINT BAILMENT, duties under, 56, 169. death of a joint bailee, 116. remedies under, 338.

JOINT CONTRACTS, by carriers, 572-577. not common, 57-579.

action of tort not based on, 658. JUSTICE, meaning of, 9.

personal services, 433-438.
delays by employer, 439, 440.
accepting goods made to order, 442.
voluntary services, 441.

whero a inan is employed in his vo-
cation, his implied agreement,
426-432.

when not so employed, 445.
LARCENY, by finder of money or goods,
21.

by other bailees, 145.

by common carrier, severing par-
cels, 145.

from common carriers, 605.
proper action for by owner, 660.
LAW, rules of not flexible, 9.
LAW OF THE ROAD, what is, 724, 725.
in overtaking or passing, 726.
right of way-footmen, 727.
cars, carriages, crossings, 728.
applied to vessels, when, 740-744.
LEAKAGE, BREAKAGE, &c. losses by, 597
from negligence in stowing, 598.
LEASES, of land with stock, 415.

effect of contract, 372.
waste of premises, 403.

of animals to be returned in kind,
120.

LENDER, for gratuitous use, 120-175.
who is such, 120-122, 124.

rights and interest of, 130-134, 170.
qualified by borrower's interest,
128, 129.

right to insist on terms of loan,125,
133-141.

fraud on, 143-145; expenses, 142;
restitution, 160-175.

LIABILITY, rules or degrees of, 4-9.
of a depositary, 43-51,

of mandataries, 78-86.

of borrowers, 135-141.

of warehousemen, 332-349,

of forwarders or wharfingers, 334,
340, 350-333.

of innkeepers, 462-470.

of common carriers, 532-551.

of passenger-carriers, 707-723.

SECTIONS

LIABILITY, of pledgees, 234-244.
of special carriers, 480.

of public officers, 25-28, 83-85.
of directors of a corporation, 92-95,
LIABILITY, once incurred remains, 42,
58-61, 402, 407.

to a third party, 58, 100.
to the true owner, 63, 71.
of pledgee in preserving pledge,
234-244.

and in restoring, 298-311.

in what forms of action, 312–324.
in respect of servants, 331, 389-398.
of the hirer of things, 379-358.
by bailee where goods are insured,
425.

for an infant or apprentice's wages,
436, 437.

not waived when, 42, 58-61, 402, 407
under joint bailments, 56, 116, 169,
338.

joint contracts by carriers, 572–579.
action of tort not based on, 658.
LICENSE, to sell liquors at retail, 451.
regarded as a trust, 452.

a loan for use resembles, 123, 138-
141, 170.

when a hiring is like it, 377, 378.
LIENS; a finder has no lien, 20.

taking up an estray under statute,
20.

salvors have a lien, 22, 23.
sheriff's property and lien, 33-35.
power of pledgee under, 201.
assingee of policies, 220.

rights of pledgee under, 245–278.
foreclosure of pledgee's lien, 279–
297.

ineffectual foreclosure, 291, 292, 324
for keep or pasture of cattle, 331.
warehouseman's lien, 350, 351.
wharfinger's lien, 360, 354.
factor's lien, 360, 365–363.

under a bailment for services, 420-
424.

to manufacture, 416, 447, 448.
mechanic's lien by statute, 449.
innkeeper's lien, 473–476.
boarding-house keeper's lien, 477,
478.

common carrier's lien, 645-054.
passenger-carrier's lien, 701.

LIGHTERMEN, when common carriers,
499, 511.

LIGHTNING, considered an act of God,
537, 543.

modern tendencies of opinion, 536.
LIGHTS, to be carried by vessels, 734,
733, 741.

See Statute in Appendix.
LIMITATION, of liability by common
carriers, 518-521.

by special contract, 552, 553, 561.