BUYING, SELLING AND EXCHANGING-(continued).

Bargain and Sale, 3.

Executed and executory contract, id.

Entire contract, id.

Severable contract, id.

Verbal contract, id.

Written contract, id.

Right of rescission, 4.

Right of trial, id.

Buying a Horse under 107., id.

Where neither party can be off, 5.

Striking a bargain, id.

Contract not to be performed within a year,

Statute of Frauds, s. 4, id.

Requisites under s. 4, id.

Buying a Horse at 101. or upwards, 6.

Statute of Frauds, s. 17, id.

Extended by 9 Geo. 4, c. 14, id.

Effect of extension, id.

Requisites under s. 17..7.

id.

Horse suitable for, 121, 137.

Defects in Railway Carriages, 268, 274, 275.

Carriages racing, 297.

Defect in, presumption from, 307.

May be removed, if obstructing tradesman's door, 331.

CARRYING HORSES.

A common Carrier, 264.

Railway Companies common Carriers, id.

Duty of common Carriers, id.

Bound to carry within reasonable time, id.
And to deliver safely, id.

CARRYING HORSES (continued).
Exceptions, 264.

Meaning of "Act of God," id., 265.

Rule as to Inherent Vice, 265.

Blower v. Great Western Railway Company, id.
Proof of, 266.

Rule applies to common Carriers by Sea, 267.

When Carrier may refuse to carry animals, 268.
Onus of proof of non-liability, id.

Must carry for reasonable charges, id.
Defects in Carriages, id.

A special contract to carry, id.
Binding at Common Law, 269.
Hardship thus occasioned, id.
Remedy 17 & 18 Vict. c. 31, id.
Sections 1-6, id.

Section 7, id.

Application of Section 7..270.
Construction of Section 7..271.

Peek v. North Staffordshire Railway Company, id.

General Notices invalid, 272.

Condition limiting liability, id.

"Condition" and "Special Contract" synonymous terms, id.
Special Contract binding on company without signature, 273.
Effect of signature by agent, id.

As to reasonableness Court to decide, id.

General effect of these decisions, 274.

What conditions just and reasonable, and what not, id.

"To be free from all risks"-Cattle suffocated, id.

"To be free from all risks of conveyance"-Unsound truck,

275.

Owner's risk at lower rate, 276.

Condition as to time within which loss should be declared,
to create claim, id.

Condition as to special rate, id.

As to package insufficiently packed, id.

As to non-liability for loss of market as to fish, id.

As to cheese, id.

As to loss of market coupled with "injury" to cattle, 277.
Condition as to value coupled with unreasonable rate, 278.
Where value untruly declared, 279.

Condition as to general non-liability, id.

As to non-liability beyond their own limits, 280.

If part of special contract is reasonable, such part may be
relied on, 281.

Alternative rates, id.

What is wilful misconduct, 282.

Plaintiff must prove more than culpable negligence, id.

Onus of proof, 283.

General effect of the decisions as to conditions, id.

Delivery by Carrier, id.

Notice of consignee's refusal to consignor, id.

Effect of consignee's refusal, id.

Compensation paid in error to consignor no answer to action

by consignee, 284.

CARRYING HORSES-(continued).

Liability of company when accident happens to Horse
within yard, 284.

Opinion of Cockburn, C. J., id.

Of Mellor, J., 285.

Of Blackburn, J., id.

Declaration of value under 17 & 18 Vict. c. 31, s. 7,

Non-compliance with a rule as to receipt, id.

Through carriage on railways, id.

What company liable, id.

id.

Through carriage, partly by railway and partly by sea, 287.

Regulation of Railways Act, 1868, id.

Company to furnish particulars of charges, 288.

Regulation of Railways Act, 1871, id.

Effect of section 12.. 289.

Doolan v. Midland Rail. Co., id.

Steamboat and railway companies to disinfect carriages,
boats, &c., 290.

Contagious Diseases (Animals) Act, 1878, id.
"Reasonable time," id.

A Ferryman, 291.

Damages, 292.

Injury must not be too remote, id.

Failing to provide Horse-boxes, id.

CART.

Carter in, killing child, guilty of manslaughter, 296.

Left in the street, 306, 310.

Tackle breaking, 307.

Shafts breaking, id.

Name on the Cart, 340.

CATALOGUE.

At a sale, 18.

Purchaser's name signed, 18, 43.

Conditions separated, id.

Terms of, must not be varied from, 44.

Incorrect, may be explained, id.

Description amounting to a warranty, 142.

CATARACT, 75, 79.

CATARRH, 82.

CATTLEGATE OWNERS, rights of, 360.

CAVEAT EMPTOR. See WARRANTY.

Rule in buying and exchanging, 113, 133, 136, 137, 155.

Exceptions well nigh eaten up rule, 113.

Still however rule of law, 114.

Dictum of Mr. Baron Martin, id.

When it does not apply, 137, 153.

Possession of the means of knowledge, 153.

Jockey Club, 410.

Betting at, 452.

Subscription Club, 458.

COACHMAN.

A hired carriage, 253.

Wearing hirer's livery, id.

And see HIRING HORSES and NEGLIGENT DRIVING BY

SERVANT.

COCKFIGHTING.

Illegal, 440.

Keeping a place for, id.

Penalty for, 440, 441.

COIN.

Tossing with, a sport, 431.

Using as instrument of gaming, 436.

Betting odds and paying, 437.

COMMENDATIO SIMPLEX NON OBLIGAT, 138.
COMMISSION.

Auctioneer's, 54. See AUCTIONEER, LIEN, Sale.
COMMITTEE OF A RACE. See STEWARDS.
COMMON.

Turning a vicious Horse upon a common, 355.
CONDITIONS.

Annexed to Warranty, when to be specially pleaded, 192.
Of carrying. See CARRYING HORSES.

CONDITIONS OF SALE.

Catalogue must refer to them, 43.

Separation from Catalogue, id.

Printed particulars, 44.

Warranty limited as to time may be one of them, id.

Notice of conditions, 46.

Annexed to the Warranty, 182, 192.

Form used at Aldridge's, 579.

At Tattersall's, 581.

CONJUNCTIVA.
Inflamed, 75.

CONSIDERATION.

Under sect. 4 of the Statute of Frauds, 5.

Failure of it in the case of Sunday dealing, 36.

Where a good title is a condition of the contract, 114.

Grossly inadequate, 162.

Statement of, 177, 181.

Executed or executory, 181, 182.

Certainty required in statement of executory, 181.

If the Horse turn out "lucky," id.

Conditions precedent must be performed when consideration
executory, 183.

Proof of, 187.

Where promissory note has been given in payment of a bet,

420.

Notice of illegal consideration, 444, 446.

Security for money lent for gaming, 443.