4th. The Lots to be taken away within One Day after the Sale is ended, at the Buyer's Expense, and the remainder of the Purchase-money to be absolutely paid before the delivery of the Lot. 5th. Upon failure of complying with the above Conditions, the Money deposited in part of Payment shall be forfeited to the Owner of the Lot, he paying thereout all just Expenses, and the Lot shall be re-sold by public or private Sale, and the Deficiency (if any) attending such Re-sale shall be immediately made good by the Defaulter at this Sale. 6th. If any Person shall purchase a Lot, and not pay for it within the Time limited by the 4th Condition, nothing contained in the 5th Condition shall prevent the Auctioneer, or Owner of the Lot, from compelling the Purchaser to pay for it, if the Auctioneer or Seller shall so think fit. 7th. The Vendor shall be entitled to receive the Purchasemoney of each Lot not warranted on the third Day from the Sale Day; and all Horses sold with a warranty of any description on Monday will be paid for on Friday: and all Horses sold with a warranty of any description on Thursday will be paid for on Tuesday, provided that the Auctioneer shall then have received the Purchase-money, or delivered the Lot out of his Custody, but not before. 8th. The Purchaser of any Lot warranted in any way, and not answering the warranty given, must return the same on or before the Evening of the second Day from the Sale, otherwise the Purchaser shall be obliged to keep the Lot with all faults. 9th. All Horses, Carriages, &c., brought to this Repository for Sale, and sold or advertised to be sold by Private Contract, either by Messrs. Tattersall, the Owner, or any one acting as Agent for the Owner of such Horses, Carriages, &c., shall pay the usual Commission; and no Person shall take away his Horses, Carriages, &c., until the Commission, Keep and other Expenses are paid, whether the same have been sold by Public Auction or Private Contract, &c., or are not sold. 10th. All Horses, Carriages, &c., advertised by Messrs. Tattersall (though not upon the Premises at the time of Sale, either by Private Contract or Public Auction) shall pay the usual Commission. Lastly. The Conditions of Sale are: If sold by Public Auction, One Shilling in the Pound; No Lot will be offered for less than Five Shillings. N.B.-No Money paid without a written Order. INDEX. A. ACCEPTANCE AND RECEIPT. In what they consist, 7. Must be of the goods "so sold," id. Acceptance and actual receipt before delivery, 8, 10. Where an article is selected, 8. Question for the Jury, 9. What should be left to them, id. Constructive possession by vendee, id. Must divest vendor of his lien, 10. Seller may become agent for buyer, id. Question for Jury in such case, id. What has been held sufficient as an acceptance and re- Buyer directing expense to be incurred, 11. What has been held insufficient, id. Various acts of ownership, 12. A ready-money transaction, id. Criterion for determining whether goods are accepted or not, 13. Conduct of buyer, id. If more used than necessary to test them, id. Where buyer offers to resell, id. Where goods are agreed to be resold, id. Goods bought out of a larger bulk, id. Purchaser must have exercised his option, 14. He must object within a reasonable time, id. Goods sold by sample, id. More articles sent than ordered, id. Acts must be unequivocal, 15. Acceptance of delivery order insufficient without attorn- ACCIDENT. Unsoundness caused by it, 73. To Hired Horse or Carriage, 251. To Horse in Railway Yard, 284. Pony and carriage running away, 322. Horse running away, 324. From the sudden fright of a Horse, 323, 324. Collision in the dark, 322. Accident itself sometimes prima facie proof of negligence, 327. ACCIDENTAL DEATH. See NEGLIGENT DRIVING. ACCOUNT STATED. Proof of, 186. ACE OF HEARTS. An illegal game, 434. Penalty for setting up, 458. ACTS OF OWNERSHIP. Not necessarily proof of acceptance, 12. Which destroy the right to return goods delivered on exe- ACUTE DISEASES, 74. ADDRESS. Giving one after an accident, 340. Promising to pay for damage, id. Giving false address or name in Gaming House, 462. ADVERTISING. Effect of, by auctioneer, 48. Lotteries, 385. Betting Houses, 386, 454. AFFIRMATION. When it amounts to a warranty, 138. AGENT. Signature by Agent under Statute of Frauds, 26. Who may be an Agent, 27. How constituted, id. Need not be authorized in writing, id. Auctioneer, Agent of both parties, 27, 39. Except when he sues as a contracting party, 27, 43. Auctioneer's Clerk, Agent at an Auction, id. Writing off debt due from Agent by Agent, 34. Money coming to Agent by fraud of Principal, 53. Agent not declaring himself to be so, 54. Cannot delegate his authority, 123. Nor exceed it, 124. Agency determines by Principal's death, id. Difference between remunerated and unremunerated Agent, id. Acting without proper authority, id. His personal responsibility, id. Where he cannot be sued on the contract, id. But is liable in damages, 125. Principal answerable for his fraud, id. Misrepresentation by, collateral to contract, id. Damage caused by his negligence, id. Undisclosed principal, id. Person described as Agent may be proved to be Principal, 126. Principal cannot be proved to be Agent, 127. Their respective rights of action on a contract, id. Warranty by Servant as special Agent, id. Does authority to sell imply authority to warrant, 128. AGENT (continued). Warranty by a Servant as general Agent, 128. Warranty by a Servant forbid to give one, id. Master unwilling to stand by his Servant's Warranty, id. Warranty by a person entrusted to deliver, id. Agent employed to take a Warranty, id. Action against a pretended Agent, id. Betting Agent, 422, 427. And see SERVANT. AGISTER. His possession, 240. Does not insure a Horse's safety, id. Injury by another Horse, id. Eatage let for a certain time, id. Agister has no lien, id. May have a lien by agreement, 243. Horses and cattle being agisted are distrainable, 244. Decision of the Irish Court of Queen's Bench, id. AGREEMENT. See NOTE or MEMORANDUM. Unstamped, admissible to prove fraud, 160. By a hirer, 257. AGREEMENT STAMP. Written warranty does not require, 189. ALDRIDGE'S. Proprietor of, a Horse-dealer, 39. ALTERNATIVE RATES, 281. See CARRYING HORSES. To conceal faults, 156-158. ART UNIONS. Acts to legalize, 385. May obtain charters, 438. ASSISTANCE. To enter a Betting-house, 455. ATHELSTAN. ATTORNMENT. Necessary to make receipt of delivery order an acceptance, Liable to an action for negligence, id. Or for conversion, 40. Selling Horses comprised in bill of sale, 41. Horse sent to a Repository, id. Auctioneer's possession, id. An auctioneer can set up jus tertii, 42. Interpleader by auctioneer, id. Goods privileged from distress, id. His right to remain on the premises, 43. Auctioneer or clerk agent of both parties, id. Purchaser's name signed to a catalogue, 18, 43. Printed particulars of sale, 44. An incorrect catalogue, id. A limited warranty, id. Where it applies only to soundness, 45. Trial of a Horse warranted quiet in harness, 46. Notice of the conditions of sale, id. Notice of particulars, 47. Where a bidder may retract, id. Sale" without reserve," id. Effect of advertisement, 48. Warranty of ownership, id. Auctioneer not disclosing his principal, 49. Liability for non-delivery, id. Puffing, id. |