FRAUDS, STATUTES OF-continued.

contract to take in at intervals parts of extensive work, 67, 68.
agreement to let carriage or hiring of servant, 68.

does not apply, if contingent, whether will occur in a year, id.
nor where contract complete on one side, 69.

how applies to sale of goods delivered within the year, 68.

The seventeenth section as to the sale of goods-(See Sale of Goods), 386.
railway shares not within, 387, note (r).

agreement required by statute need not be in any particular form, 70.
indorsements on draft lease, signature in subscription book, id.
signature to separate paper referring to another, &c. id.
offer must be accepted in writing-(See Offer), 71.

signature of party or agent, id.

agreement or letter "I promise," without signature, id.
printing, pencil, sufficient, 71, 73.

signature by one party for the other, 72, 403, 404.

authority to sign, when must be in writing, 72.

signing by mark, id.

FREIGHT, when cannot be apportioned, voyage being incomplete, 735, 736,

744.

commission on, 547, note (f).

consignee, when liable for, 878.

FRIENDLY SOCIETY, infant may be member of, 145.

FROM, lease to commence "from &c." how construed, 781, note (x).

FUNDS, stock in, not money, 588.

FUNERAL EXPENSES, executors liable personally for, 273.

liability of husband for funeral of wife, 596.

FUTURE DEFECTS, warranty as to, 458.

GAME, sale of, 424, 425.

GAMING-(See Horse Racing).

statutes against, common law, 712, 713.

loss at one sitting, 712, and note (e).

common gaming house, 713.

money less than 107., fairly won, recoverable, id.

cricket and other games of skill, id.

betting on players, 713.

work and labour in running race, 714.

securities, bills, &c. for money won, 714 to 716.

money lent to play with, or money paid for loss, 714, 590.

wagers-(See Wagers), 495.

wagering policies, 716.

sale of goods not in possession of vendor, 716.

GENERAL ISSUE IN ASSUMPSIT-(See Observations in Notes to the

different Defences, List thereof, and title, Defences).

GIFT, not effective if not by deed or delivery, 51, 57.

gratuitous promises, 50.

GOODS SOLD-(See Sale of Goods).

common count for, when lies and when not, 440 to 443, 395.

when, if goods obtained by fraud, 408.

payment by, 750.

GOODWILL OF BUSINESS, sale of, and agreement to recommend cus-

tomers, 691, and note (u).

misrepresentation as to, 685.

agreement not to practise on sale of, 664 to 669.

sale of, must be stamped, 132.

GOVERNMENT AGENTS, liability of, &c. on their contracts, 279, 280.
GOVERNMENT OFFICER, when not liable, though funds in hand, 617,
278, 280.

GRATUITIES, when not recoverable back from intruder in office, 641.
GRATUITOUS PROMISES, are void.-(See Consideration), &c. 50.
gifts, 51, 57.

GRATUITOUS WORK, contract to work without reward—(See Consideration,
Services, and Work), 38 to 42.

GUARANTEES AND INDEMNITIES.

I. Of the general nature of a guarantee, &c.
must be a principal debtor liable, 499.

guarantee for a married woman or infant, &c. 499, 515.

acting as agent without authority, 499, 227, 228.

must be an express consideration, though promise in writing, and in-
stances, 500, 52.

creditor need not bind himself to supply goods on guarantee to pay
for goods, 500.

construction of guarantee, 96, 500.

recital in, &c. 526, 527.

promise to indorse bills for commission, how construed, 78, 535.
by broker against loss on resale, 536.

guarantee, if loan or credit for goods to third party, how construed,
530,531, 588.

construction of bond, &c. to be surety for a person as clerk, officer,
&c. 523 to 525.

guarantee by one partner for firm, 252.

engagement that another person should concur in an act, binding if a
consideration exist, 60.

surety paying debt of bankrupt, 186.

insolvent debtor not discharged as to his contract to indemnify, 203.
and of the nature of an indemnity, id.

implied, by landlord to tenant against ground rent, 335, note (h),
500, 501, 594, 595.

to distraining broker, bail, or surety, &c, 500, 501.

by assignee of lease to indemnify lessee, 502.

if a party do an act apparently lawful for another, 501, 504.

indemnity to sheriff, 678.

when money paid lies by surety or other persons paying defendant's
debt, &c. on express or implied indemnity, 591 to 601.-(See Money
Paid.)

contribution between wrong-doers, 502, 503, 505, 600, 601.

between sureties, 597, 598.

one surety indemnifying the other, 598, 599, and notes.

on publication of libel at defendant's request, no implied indemnity, 505.
by proprietor against editor of newspaper, id.

to accommodation acceptor, 505, 506, 597, 598.

when indemnity does not extend to costs of defending claims of cre-
ditor, 505, 506, and notes.

when a moral obligation to indemnify suffices for a promise, 597, 598.
sufficient consideration that plaintiff would allow defence of action
against him to proceed, defendant being interested in question, 34.
continuing consideration, when sufficient for promise to indemnify, 64.
covenant to pay annuity to third person, and indemnify plaintiff,
broken if nonpayment, though no damage, 89.
Statute of Limitations, when commences, 815.

II. Guarantees, how affected by the Statute of Frauds.

enactment of statute 29 Car. II. requiring writing signed, 506.
and of Lord Tenterden's act, as to false representations of credit,
&c. of third person, to be in writing, id. note (k).

GUARANTEES AND INDEMNITIES-continued.

1. When the Statute of Frauds applies.

only to collateral engagements, and where some credit is given
to third party; instances, 507, 516.

question for jury to whom credit was given, 507.
circumstances to be considered, 507, 508.

attorney's refusal to continue action withont guarantee, statute
applies, 509.

in consideration of withdrawing record in action for unadmitted
assault against third party, 510.

to pay damages in consideration of forbearance to sue third per-
son, id.

guarantee of del credere agent, 210, 511.

statute does not apply where no credit to the third party, though
delivery to him, 511.

not by party promising to apply fund of debtor to satisfy cre-
ditor, 512.

nor to promise to procure third party to perform act, id.

instances of original credit not being given to defendant, 511 to
513.

and of statute not applying, defendant raising a new consider-
ation, and in effect purchasing debt by taking goods, &c. on
which creditor had a lien, or means of getting paid, 511.
as promise to pay landlord rent, if he would not distrain, &c. 513.
or to pay debt if lien or bill of sale given up, 514.

to give bail-bond if no arrest, id.

where debt destroyed or discharged by new parol agreement, id.
writing not necessary if the original debt is to cease entirely and
debt is purchased, id.

in consideration plaintiff would discharge defendant out of custody
on a writ of execution, 515.

or withdraw execution, id.

guarantee for infant or married woman, 515, 499.

not necessary, if defendant were originally partly liable, id.

to pay money on transfer of debt due from third person on sub-
stitution of debtor, 516.

to indemnify surety, or if party would continue to defend suit, &c.
516, 517.

by one surety to indemnify co-surety, 599, note (i), 516.

2. Of the Form and Requisites of a written contract to guarantee—
consideration must appear on face of the writing itself-in-
stances of insufficient memoranda, 517 to 520.

if ambiguous, void, 518, 519.

effect, if bad as to part, but good as to another provision
therein, 519, 520.

when the consideration sufficiently appears, and can be collected,
and instances, 520 to 522.

express and past consideration, and no new consideration, 522.
sufficient if it can be collected from connected correspondence,
instances, id.

to pay "with interest," 274, note (g).

bill of exchange for debt of third person an exception, 522, and
note (r).

parol evidence to explain who was the principal, &c. 106.- (See
Evidence).

III. To what extent sureties are liable.

surety for person in office of limited duration, 523, 524.
only for things included in office at time of engagement, 523.
for "A." does not extend to him and partner, &c. 524, 525.
of a continuing or standing guarantee, or a guarantee for a cer-
tain debt or one transaction only, instances of each, 525, 526.

GUARANTEES AND INDEMNITIES-continued.

surety discharged on death of one of a firm, &c. 525.
warrant of attorney, how considered, 526, note (o).
recalling continuing guarantee or security, 525, note (k).
must make demand, &c. on surety, 734, and note (x).
surety paying on void guarantee, 592.

contribution between, 598, 599.

remedy: must declare specially, 507, note (n).
arresting surety, affidavit, &c. 527, and note (y).
costs incurred, when recoverable, 501, 505, 506.

4. Surety, how discharged.

by conduct of the creditor inconsistent with the contract, 527.
fraud, &c. or secret arrangement, 527, 528.

signing note on faith that another surety would join, 529.
whether by composition deed with debtor-(See Composition),
id. and notes (a) and (h), 532.

or signing his certificate, 532.

giving time to principal: general principle, and instances, 529, 530.
extinguishment of debt, release, 529, 530.

covenant not to sue, &c. 530.

taking his bill, 533 and note (ƒ), 534.

not by mere forbearance or neglect to sue or examine accounts, 532.
or taking merely further security, id.

release or agreement to release-(See Release), 781, 529.

by altering terms of agreement, substituting others in lieu, &c.
530, 531.

mere gratuitous forbearance not, 532.

guarantee for credit or loan to third party, how broken, id.

guarantee by specialty, no discharge by parol or written agree-
ment, &c. with principal, 534.

in case of bills of exchange, when time given, discharges any
and what parties, 534 to 536, and notes.

discharging surety by loss of securities, &c. 535.

by omission to resort to other securities, id.

guarantee to indorse bills for third person must be presented for
indorsement in reasonable time, id.

by broker, to indemnify on loss by resale, &c. same principle,
535, 536.

GUARDIANS OF POOR, contracts and liability of-(See Parish Officer),

283 to 291.

HACKNEY COACHMAN, liability of, as a carrier, 480, note (m).

may ply on Sundays, 724, note (q).

HAY, right of incoming tenant to detain, till manure be brought in, 369, n. (b).
HEALTH, contracts injurious to, 421, 678, 695.

HEIR, land liable in equity for simple contract debt, although debtor not a
trader-(See Land), 7.

promise by heir to pay ancestor's debt, 36.

liability of heir, &c. regulated by statute 1 Will. IV. c. 47 .. 7.
when liable, and may sue on contract to sell lands, &c. 308.

HEREDITAMENT, 370, note (1).

use and occupation for, 370.

HIGHER SECURITY, when contract extinguished by taking, 783.

HIRE OF GOODS, liability of hirer of goods, 479, 443.

implied promise of hirer, 76.

promise to deliver horse, &c. it dies, no liability, 736, note (i).
written contract, cannot add terms by parol, 109, 881.

HIRE OF GOODS-(continued).

married women hiring goods, 178, note (y).

loss by accident in cases of bailees, 471, 570, 571.

contract to let and repair carriage is a personal contract, discharged by
transfer thereof by coachmaker, 739.

stamp on contract, 131.

HIRE OF HOUSE, infant when liable for, 144, note (d), 149, and note (m).

HIRE OF LABOURER on Sunday good, 725, note (u).

HIRER OF POST HORSES, not liable for negligence of driver, 479, in note,

890.

HOBBETT, sale of corn by, void, 423, 696.

HONORARY GUARANTEE, money paid on, when recoverable, 592.

HORSE, hirer of, what he impliedly promises-(See Bailments), 76, 479.
sale of stolen horses, 385, note (n).

sale of, within Statute of Frauds, 386, note (r), 391.
indictment for conspiracy to sell unsound horse, 416, note (n).
warranty of, 454, 456, 457, 464 to 467.

infant not liable on warranty of, 151.

unsoundness of, 464.

horse racing, 716, 717.

contract for covering mares on Sunday not illegal, 724.

HORSE RACING.-(See Gaming).

when legal: bets on, &c., 716, 717.

HUSBAND AND WIFE.

1. Of the effect of marriage upon the contract of a feme sole.
benefit of, vest only conditionally in husband; she must join, and if she

survive, she is entitled, 157, 158.

marriage pending suit, plea in abatement, 158.

discharge out of custody, id., note (n).

by insolvent act, as to debt contracted dum sola, 159.

his liability upon such contract, 158, 653.

on account stated as to her debt dum sola, 653.

she is liable if she survive, 159.

set-off in case of, 850.

effect of feme creditor marrying her debtor, 783.

2. Of the contracts of a married woman during marriage.

1. Of the husband's rights thereon, 159, 160.

2. Of his LIABILITY upon such contracts, 160 to 162.
1. In general, rests on agency, 160, 168.

his death revokes her implied power, 162.

2. During cohabitation-strong presumption of his authority and
liability in general, 162, 163.

even although adultery during that time, 162.

liability for extravagant articles he saw her wear, 163, 164.
but cohabitation not conclusive, 164.

exceptions if she only was trusted, 164, 165.

and cases where extravagant articles ordered not suitable,

and no evidence that he assented, &c. 165 to 170.

question for a jury, when, 166, 167, note (y).

his liability if she trade, 167, 168.

difference between his general and special notice not to deal
with her, 168.

money lent to her, 169, 588, 589.

liability for, in equity, 169.

reconciliation after her elopement, id.

liability if no marriage, but cohabitation, id.