distinction between, and legal liability barred by rule of law, 31.
money paid under, cannot be recovered, 62.

not consideration to support promise (Eastwood v. Kenyon), 28.

circumstances considered in determining, 146.
definition of, in Sale of Goods Act, 147.

how far question for jury (Ryder v. Wombwell), 146.
liability for under Infants Relief Act, 144.

wife and children of, necessaries for him, 147.

liability of drunkard for, 143.

for wife, what are, and what not, 206.

loan for, irrecoverable at law, 207.

recoverable in equity (Jenner v. Morris), 207.

NEGATIVE COVENANT,

"performance" of (Harman v. Ainslie), 328.

indirect specfiic performance by enforcement of, 704.

NEGLIGENCE,

different degrees of, defined, 367.

gratuitous bailee's liability for gross, 368.

liability for, of carrier of passengers, 388.

of railway company, 417.

effect on, of contributory negligence of passenger, 419.

innkeeper's, presumed to be cause of loss, 376.

of solicitor, 512.

what is gross, 513.

when a defence to action on solicitor's bill, 512.

of surgeon, 490.

implied contract for skill, 491.

NEGOTIABLE INSTRUMENT, Ch. XVI., p. 429. And see BILL OF

EXCHANGE-PROMISSORY NOTE-CHEQUE.

defence of acceptance of, in payment of debt, 641.

"NET CASH,"

meaning of term, 89.

"NET PROCEEDS,"

meaning of the term, 89.

"NEVER TO PAY,"

promise "never" rejected in, 101.

NEXT FRIEND,

infant sues by, 152.

NEW TRIAL,

in breach of promise of marriage, none reported, 477.

frequently refused, 477 (x).

ruling of judge as to stamp, not ground for, 134.

NEWSPAPER

contracts by advertisement in, 535.

literary copyright in articles in, 531.

reprinting of edited contribution to, 534.

NON-PERFORMANCE OF CONTRACT,

excuses for, 608, 614. And see PERFORMANCE OF CONTRACT.

NOTE,

in writing, signed under Statute of Frauds, 77.

promissory, application of Bills of Exchange Act to, 429. See PROMISSORY
NOTE.

NOTICE,

of act of bankruptcy, 164.

to contracting party to perform contract, 606.

to landlord bound to repair, of disrepair (Makin v. Watkinson), 322.

to tenant before proceeding for forfeiture, 329.

text of s. 14 (1) of Conveyancing Act, 329.

to railway passenger of cloak-room conditions (Van Toll v. S. E. R. Co.),
416.

to servant, to quit service, 502.

"month's warning, or month's wages," 502.
of Death, effect of, on cheque, 444. See Death.
public:

by carrier, not to limit liability, 400.

by railway or canal company, 407.
by innkeeper, of limited liability, 379.

NOTICE TO QUIT,

implied half-yearly in yearly tenancy, 324.

for expiration of anniversary (Sidebotham v. Holland), 325.
under Agricultural Holdings Act, year's notice, 325.

except other notice stipulated for (Barlow v. Teal), 326.

notice by post (Van Grutten v. Trevenen), 325.

optional, effect of (Ahearn v. Bellman), 327.

part of premises, bad, 327.

except under Agricultural Holdings Act, 327.

recovery of premises held over after, 328.

in County Court (50l. limit), 328.

before justices (207. limit), 328.

time of quitting (Doe v. Culliford), 326.

waiver of, effect of, and what amounts to, 327.

written, need not be (unless agreed for), though usually is, 326.

NOVATION OF CONTRACT,

what it is, 725.

need not be in writing, 725.

exception for life insurances, 725.

NUDUM PACTUM,

definition of, 20.

ex nudo pacto non oritur actio, 20.

NUISANCE,

contract for the prevention of public, good, 567.

though part of consideration, forbearance to prosecute for past, 567.

0.

OBLIGATION,

definition of, 1.

imperfect, promises founded on duties of, give no right of action, 28.

OFFENCE, PUBLIC AND CRIMINAL,

agreement to compound, illegal, 565.

money paid to compromise, cannot be recovered as money had and
received, 68.

OFFER,

acceptance of by post, though not made by post, 16.

by letter, effect of verbal rejection of, 18.

extinguishment of, by death of proposer (Dickinson v. Dodds), 14.

presumption as to continuance of intention to contract in case of, 15.
in writing verbally accepted, when sufficient for Statute of Frauds, 81.
right to retract, before acceptance, 14.

time to consider, effect of giving (Cooke v. Oxley), 9.

may be withdrawn any time before acceptance, 9-11.

withdrawal must be communicated (Stevenson v. M'Lean),
10 (j).

criticism of Cooke v. Oxley rule, 11.

revocation of, does not operate from posting (Henthorn v. Fraser), 10.
on Stock Exchange, description of, 537.

OFFICE,

fees of, when recoverable by action against intruder, 66.

liability of surety for fidelity of holder of, 447, 456.

to be obtained by desert only (12 Ric. 2, c. 2), 595.

repeal by Promissory Oaths Act, 1871...595.

sale of, when illegal at common law, 564.

by statute, 595.

emoluments of, partnership in good (Sterney v. Clifton), 596.

OFFICIAL LIQUIDATOR,

power of, to contract, 270.

OMNIS RATIHABITIO RETROTRAHITUR, &c., 20, 234.
"ON,"

meaning of in contracts, 88.

OVERSEERS OF THE POOR, 277. See PARISH OFFICERS.

P.

PARDON,

contract to pay money for endeavouring to obtain, illegal, 567.
PARENT,

liability of, for education, necessaries, &c., of child, 29, 158.

PARISH COUNCIL, OR MEETING,

disqualification of councillors by interest, 274.

PARISH OFFICERS, GENERALLY, Ch. IX., s. 5...275.

PAROL CONTRACTS, what, 6.

PAROL EVIDENCE,

inadmissibility of, to contradict writing, 105.
insufficiency of by Statute of Frauds, 77.
by Sale of Goods Act (107. value), 77.

ambiguity, latent, may be explained by, 109.

patent, cannot be explained by, 109.

of alteration or waiver of written agreement by new contract, 114.

or collateral agreement, 115.

of custom of country, 107.

of custom of trade, 110.

of date of instrument, 105, 112.

to add to written agreement, 113.

to annex terms to avoid uncertainty, 115.

to explain mercantile terms, 108.

theatrical terms, 111.

to show whether contracting party was principal or agent, 110.

PART PAYMENT,

effect of, to take a debt out of the Statute of Limitations, 685.
under Sale of Goods Act, in "earnest " (107. value), 340.

of purchase-money is not part performance, 299.

PART PERFORMANCE,

of contract, when remuneration can be recovered for, 496.
specific performance decreed on ground of, 703.

if acts unequivocally connected with contract alleged, 703.
continued tenancy from year to year, not, 703.
payment of rent when (Nunn v. Fabian), 704.

PARTICULARS OF SALE OF LAND,
conditions implied or expressed, 290, 291.

effect of mistake in, 292.

PARTIES TO CONTRACT,

acts of, when Courts will consider in construing contract, 96.
assent of, 8 et seq. See ASSENT.

must be competent to contract, Ch. VII.,

rules as to capacity or incapacity of:

aliens, 161.

bankrupts, 164.

convicts, 163.

p. 140.

married woman, Ch. VIII., 173. See MARRIED WOMEN.

PARTNERSHIP, Ch. IX., s. 2...251.

codification of law by Partnership Act, 1890...251.

extracts from that Act, 252 et seq.

existence of partnership, 252.

partner how bound, 254.

"holding out," 255.

dissolution, 257.

gazette and notices, 258.

liability of retiring partner, 259.

acts and contracts of, which bind firm, rules as to, 254.

notice that firm not bound, 254.

agent, firm bound by authorised acts of, 254.

bankruptcy, dissolution by, 258.

continuing partner, powers of, after dissolution of, 260.
dissolution of, by death, bankruptcy, illegality, &c., 257.
by High Court for lunacy, misconduct, &c., 258.
existence of, rules for determining, 252.

receipt of share of profits, evidence of, 252.

but not of gross returns, 252.

joint tenancy does not create, 252.

annuity out of profits to widow does not, 253.
remuneration of servant out of does not, 253.

firm, what contracts by partner bind, 253.

bill of exchange, 254.

borrowing money, 254.

not bound by arbitration submission, 255.

or by deed or lease, 255.

joint tenancy does not constitute, 252.

not loan at interest varying with profits, 253.
mala fides in person dealing with, effect of, 256.
notice that firm not bound, 254.

number of partners, restriction on, 260,

10 for banking, 260.

20 for other purposes, 260.

payment to one partner, how far binding, 625.

recognition by firm of unauthorised act, 257.

retiring, liability of, 259.

surgeon and apothecary, between, 490.

warranty of horse, effect of, 253.

widow of partner not partner by annuity, 253.

PAST CONSIDERATION, 33 et seq. See EXECUTED CONSIDERATION.

appropriation of (Clayton's case), 632.

by creditor, when allowed, and when not, 632. And see APPROPRIATION.
by cheque, when good, 628.

stopped cheque, 628.

by half bank-notes, 630.

by post, when good (Pennington v. Crossley), 629.

by post-office order, 630.

by third person, when good, 630.

by whom to be made, 623.

in forged bank-notes, a nullity, 630.

in money, in what currency to be made, 100.

Limitation Statute, part payment stops running, 685,

payment to or by agent, 686.

rule as to disputed debts, &c., 687.

payment of interest, 687.

modes of, 628.

of part of liquidated sum, before day, discharge of whole, 627.
place of, 632.

debtor must seek out creditor (Haldane v. Johnson), 600 (b).
presumption of, circumstances which will raise, 509, 627.
receipt for, and stamp, 636.

to agent, when good, 624.

to broker, 625.

to executor or administrator, 626.