AUCTIONS AND REPOSITORIES-(continued).
Person employed to bid, 50.

Effect of previous private warranty, 51.
Agreement not to bid against each other, id.
Mock auctions, id.

Purchaser may transfer his bargain, id.

Where party refuses to take goods, id.

Goods resold without communicating with purchaser, 52.
Auctioneer proper party to receive the price, id.

Has no authority to receive a bill of exchange, id.
He is stakeholder for both parties, id.

Effect of this attribute, id.

As to interest, 53.

Auctioneer's lien, id.

When the Price vests in the vendor, id.

Price obtained by principal's fraud, id.

Agent not declaring himself to be so, 54.

Auctioneer's commission, id.

Entitled to commission though no sale by auction, id.
Misrepresentation made before sale by auction, 153.

BACK-GAMMON.

A lawful game, 433.

B.

BACK SINEWS. See SPLINT and THICKENING OF THE BACK
SINEWS.

BACKING AND GIBBING, 75.

BAGATELLE. See BILLIARDS.

BAILEE.

Vendor may become, 8.

Setting up title of bailor, evidence of conversion, 66.

Innkeeper may become, 220.

Fraudulent appropriation by, Larceny, 251.

A gratuitous Bailee, 260.

Negligence of a Bailee, id.

Of a gratuitous Bailee, id.

BAILIFFS, 459.

BAILMENT. See BORROWING HORSES and BAILEE.

BALLOT IN LAND SOCIETIES, 439, and see LOTTERIES.

BANKER,

At a Gaming-house, 460, 462. And see GAMES AND
GAMING.

BEAR.

Injury from a bear chained in a yard, 348.

BEHN v. BURNESS, Mr. Justice Williams' Judgment in, 143,
145.

As to distinction between Warranty and Representation, id.
BETTING. See WAGERS.

BETTING AGENT.

Decision in Equity as to, 422.

May recover disbursements from principal, 427.
Agreement to pay over winnings by, id.

BETTING HOUSES.

A common Betting House, 448.

Act for the Suppression of Betting Houses, 449.

66

Using" under this Act, id.

"Place" within this Act, id.

Moveable Desk, 450.

Cricket Ground, id.

Pigeon Shooting, id.

Umbrella on Race-Course, 451.

Moveable box within Ring, 452.

Betting at a Club, id.

Purposes for which houses or places are not to be used, id.
Penalty for using them for such purposes, 453.

Penalty for receiving money, &c. on certain conditions, id.

Money, &c. so received may be recovered from the Holder,
id.

Act does not extend to stakes in a Race, &c., id.
Penalty for advertising, &c., 453, 454.

BETTING HOUSES-(continued).

Power to search suspected houses, 454.
Power of Commissioners of Police, 455.
The levy and application of penalties, id.
Where party neglects to prosecute, id.
No objection allowed on matter of form, id.
No appeal from High Court, 456.
The remaining provisions, id.
Extension to Scotland, id.

BIDDING AT AN AUCTION.
Bidding up a Horse, 49.

Person employed to bid, 50.

Agreement by persons not to bid against each other, 51.

BILL OF EXCHANGE. See PROMISSORY NOTE.
Dishonoured, effect of, when goods are in transitu, 34.
Payment for goods, 35.

Agent receiving one, 52.

Breach of warranty no defence to action, 172.

Unless there be a total failure of consideration, id.

Given for a Gaming consideration, 420, 425, 443.
In payment of a bet, 425.

As security, id., 444.

When avoided, id.

Where a note or bill is a gift, id.

Bill not void in the hands of a bona fide holder, id.
Effect of such payment, 444, 446.

Bill accepted with notice of illegal consideration, 446.

BILL OF SALE.

Auctioneer selling horse comprised in, 41.

BILLIARDS.

A lawful Game, 434.
A licence required, 463.
Also for Bagatelle, id.
By whom licensed, id.
Fees payable, id.

The words "Licensed for Billiards," id.

Non-compliance with these regulations, id.

What amount of fine, 464.

Enforced by distress, id.

Billiard table may be rateable, 463, n.

Offences against the tenor of the Licence, id.

First, second, or third offence, id.

When Billiard playing is not allowed, id.
Constables may visit licensed Houses, id.

BITING, 75.

BLACKSMITH. See FARRIER.

BLINDNESS.

Cataract, 75, 76, 79.

Remittent inflammation, 76.

Opacity of the lens held to be an unsoundness, id.

BLOOD AND BOG-SPAVIN, 77.

BOAT RACE, 406, 408, 433.

BOND, given in payment of a bet, 425, 444.

BONE-SPAVIN.

Held to be an unsoundness, 77, 78.

BORROWING HORSES.

Remedy against borrower for detaining, 176.
Lending for use, 258.

Duties of Borrower and Lender, id.

Lender of a Horse, id.

Must not conceal defects, id.

What care is required, id.

As much as the borrower is capable of bestowing, 259.

Showing a Horse for sale, id.

A gratuitous bailee, 260.

Negligence of a bailee, id.

Rule as to negligence of gratuitous bailee, id.
Use strictly personal, id.

Cannot be used by a servant, 261.

Must be used according to the lending, id.
Or else the borrower is answerable, id.
Where no time is fixed for return, id.
Redelivery on request, id.

Borrower bound to feed the Horse, id.
Where the Horse is exhausted, 262.
Where the Horse is killed, id.

Where the Horse dies from disease, id.

Where borrower is answerable for damage, id.
Bailment ended by misuser, id.

BOWLS, 434.

BOWS.

Penalty for lacking, repealed, 384.

BREACH OF WARRANTY.

Requisites to action on, 152.

Buyer neither bound to tender the Horse nor give Notice,

163.

Seller not bound to take back the Horse, id.

Unless the contract was executory, 164.

Street v. Blay, id.

Judgment of the Court of King's Bench, id.

Lord Eldon's opinion discussed, id.
Evidence in mitigation of damages, 166.
Unfitness for a particular purpose, id.
An intermediate profit, id.

Acts of ownership inconsistent with trial, 167.
Confirmed by a later case, id.

Goods are returnable where there is fraud, 168.

But not for non-correspondence with sample, id.
Agreement that a Horse is to be returned if Unsound, id.
Or unsuitable, 169.

BREACH OF WARRANTY-(continued).
Or unfit for a particular purpose, 170.

Verbal offer after sale to take back the Horse, id.
Where goods should be returned immediately, id.
Or the contract becomes complete, id.

Where Buyer should tender the Horse, id.
Sale after tender, 171.

Notice instead of tender, id.

Length of time before Notice, id.

Seller should have the Horse examined, 172.

Breach of Warranty no defence to an action on a Bill of
Exchange, id.

Unless there be a total failure of consideration, id.

Sale by order of court, id.

Pleading in action on, 179.

Warranty must be stated to have been made at time of sale,

Penalty for not making or continuing, repealed, 384.

BUYING, SELLING AND EXCHANGING.