PLEADING AND EVIDENCE FOR DEFENDANT―(contd.).
Evidence in reduction of damages, 195.

Defence for residue of the price, id.

Defence for money had and received, id.

Defence to an action on a breach of warranty, id.

A surreptitious warranty, id.

Condition annexed to a warranty, 196.

Evidence in reduction of damages, 197.

Defence to an action for a false warranty, id.

Defence to an action for fraudulent representation, id.

Disputing the warranty, id.

Disputing the unsoundness, &c., id.

Subsequent recovery, 198.

Competency of witnesses, id.

PLUGGING, 158.

POLICE. See CONSTABLES, BETTING HOUSES, GAMING HOUSES.

POLICE MAGISTRATE.

Powers equal to that of two justices, 454, n.

POLICY.

Wagering, 424.

POLL-EVIL, 97.

POSSESSION.

Constructive, by vendee, 9.

Only presumptive proof of ownership, 28.

POST. See LETTER, PRICE.

POST-HORSES.

Innkeeper not liable for refusing to supply, 217.
Statutes, 578.

POST OBIT.

When security for a bet may be set off against subsequent

Damage done when, 252.

P. P., meaning of, 411, 412.

PRESCRIPTION.

Prescriptive right to kill game, 362.

To resort to races, a good custom, but not an easement
within Prescription Act, 390.

PRICE.

Under 101., 4.

Day agreed upon for payment, id.

107. or upwards, 6.

PRICE (continued).

When agreed upon, material part of bargain, 19.

"On moderate terms," held sufficient statement, id.

A reasonable price is to be inferred, when none stated, 20.
But price should be ascertained, or ascertainable, 28.
Condition as to, ascertainable, id.

Effect where not ascertainable, 29.
When sent by post and lost, 34.

Who entitled to receive it at an auction, 52.

When price vests in vendor at an auction, 53.

Where auctioneer is innocent agent of principal's fraud, id.

A sound price not tantamount to a warranty, 117.

Action for price of Horse, 175.

Goods sold and delivered for payment of, 177.
Money had and received for payment of, 178.
For repayment of part of the price, id.
For price of Horse wrongfully sold, 179.

Proof of payment of price, 187.

Defence to action for residue of, 195.

PRICKING, when shoeing. See FARRIERS.
PRINCIPAL.

Effect of, not being disclosed by auctioneer, 49.
PRINCIPAL AND AGENT, 123. See AGENT.

PRINTED PARTICULARS OF SALE.

Auctioneer not to vary from terms of, 44.

PRIVATE WAYS. See WAYS.

PRIZE.

Chance of obtaining, too remote ground for damages, 292.
To be awarded to the winner, 391.

PRIZE FIGHT.

Money lent for stakes of, 442.

PROFESSIONAL JOCKEY, 403, 408, 411.

PROMISSORY NOTE. See BILL OF EXCHANGE.
Breach of warranty no defence in action on, 172.
Unless there be a total failure of consideration, id.
Given for a Gaming consideration, 420, 425, 444.
Void between the parties, 444, 445, 446.

Good in the hands of a bona fide holder, 420, 444.
Effect of payment, 420, 444.

Identification of, 443.

PROOFS. See PLEADING AND EVIDENCE.

PUBLIC WAYS. See HIGHWAYS.

PUBLICAN.

Allowing gaming, 441, 442.

Lending money for unlawful gaming, 442.

PUFFING.

At an Auction, 49.
Sale void, 50.

PUMICED FEET, 97.

PUNCTURE.

In nailing, 229.

PURCHASE.

Without inspection, 137.

Of goods, with preconceived design of not paying for them,

160.

Custom to race, id.

To resort to races, id.

Though a good custom, not an easement within the Pre-

scription Act, 390.

Stakeholders, id.

Sweepstakes, id.

Matches, id.

The Act for the Suppression of Betting Houses, id.

Entry for a Race, 391.

Race not to be run within a year, id.

"Scratching" a Race-Horse, id.

RACING, WAGERS AND GAMING-(continued).

Terms of a Race, 408.

Rules of a regatta, id.

Stewards, &c., cannot waive any Condition of a Race, 409.
Rules of the Jockey Club, 410.

Arbitration of the Jockey Club, id.

Sporting Phraseology, id.

A "Selling" Race, 411.

A professional Jockey, id.

Horse regularly hunted with Hounds, id.

Match for a particular meeting, id.

Betting on a Race not illegal, 415.

RACKETS, 383, 434.

RAILWAY. See CARRYING HORSES, HUNTING AND TRES-

RAM.

PASSING.

Scienter in case of injury by, 354.

RATE.

Increased, for Carriage, under 17 & 18 Vict. c. 31, s. 7.
See CARRYING HORSES.

RAT-TAILS, 98.

READINESS AND WILLINGNESS.

Averment of, to deliver, 175.

Not sufficient in a case of condition precedent, 175.
To accept, 177.

Meaning of, 185.

Defence that plaintiff was not ready and willing, 194.

REARING, 98.

RECEIPT. See ACCEPTANCE AND RECEIPT, STAMP, DELIVERY,
PLEADING.

RECOVERY.

Subsequent, no defence to action on breach of Warranty,
198.

RECOVERY OF STOLEN HORSES. See STOLEN HORSES.

REGATTA, 383, 433.

Rules of, 408.

REGULATION OF RAILWAYS ACTS, 287, 288. And see
CARRYING HORSES.

REINS.

Breaking, 307.

No defence, id.

Entrusted to a Stranger, 335.

REMITTENT INFLAMMATION, 76.

REPLEVIN.

Maintainable for any unlawful taking of goods, 68.

REPOSITORIES. See AUCTIONS AND REPOSITORIES.
Rea's Repository in Southwark not market overt, 56.

REPRESENTATION. See WARRANTY DISTINGUISHED FROM
REPRESENTATION and FRAUDULENT CONTRACTS.

Does not affect a written Warranty, 118, 119.
Untrue, if immaterial, does not avoid sale, 123.
Distinguished from Warranty, 138.

The Correct Rule, 141.

False, requisites of action for, 152.

Known to be untrue, 153.

Made before sale by auction, id.

Made by a bidder at, 154.

Not known to be true, id.

Not founded upon a well-grounded belief, id.

To prevent inquiries, id.

Through a third party, 155.

By a third party, id.

Bona fide, id.

As to the character of another, id.
Influence of, need not be proved, 151.

RESTITUTION.

Order for, of stolen goods, 66.

If complied with at once, no special damages claimable, id.