(continued)

acceptance of goods, or note in writing, 267. See Frauds, Stat.
of.

not recoverable unless property has passed, id.

as where goods remain to be weighed, id.

or where there is no specific appropriation, id.
where goods resold, quære, id.

defence, id.

purchaser refusing to accept, liable, though goods
resold, id.

goods not according to sample or contract, id.

may be returned on discovering defect, id., 268.

but if sample not mentioned in sale note, no defence, 268.
if part agrees with contract, purchaser must take such
part, id.

unless in case of joint order, id.

purchaser by sample, may inspect the whole bulk, id.
that vendor has not, and has not contracted for, the goods,
quære, id.

effect of words "more or less," id.

assumpsit for not delivering, 269.

what plaintiff must prove, id.

contract complete on acceptance of proposal, id,

but offer may be retracted before acceptance, id.

proof of averment that plaintiff was ready and willing to accept, id.
demand sufficient, id.

damages, where goods are to be delivered on a future day, id.

in contracts to replace stock, id.

assumpsit for goods sold and delivered, 270.

what plaintiff must prove, id.

contract of sale, id.

trading corporation aggregate may be sued as an individual, id.
unless power of contracting by parol not implied, id.
waiver of tort, id.

goods lent, or delivered on sale or return, and de-
tained an unreasonable time, id.

plaintiff must show title to property, id.

value of fixtures not recoverable on this count, id.
nor of standing trees, id.

aliter, of trees carried away, id.

nor of materials in building, 271.

nor contract price for making steam engine, id.

of growing crops recoverable on count for crops
bargained and sold, 270.

so crops agreed to be taken by incoming from
outgoing tenant, id.

where goods are taken as part of price, whether necessary
to declare specially, 271.

auctioneer may maintain action in his own name, id. 】

delivery, id.

what amounts to, id.

where goods retained by vendor till payment, id.

where part only are delivered, id.

goods hired to be retained and paid for if damaged, id., 272.

contract to deliver means at reasonable hours, 272.

waiver of deviation from agreed mode of delivery, id.

third person at defendant's request, id.
carrier, id.

of hay on land of third person, who allows it to remain, id.
partner, id. See Partner.

wife, 275.

See Wife.

value of, 281.

See Frauds, Statute of.

if no agreement, must be proved, id.

presumed to be of the cheapest commodity, if not proved, id.
cannot be enhanced, by vendor using superior materials, id.
when interest may be recovered as part of price, id.

defence, id.

evidence in reduction of damages, id. See Damages.

action brought before credit expired, 282. See Credit.

when bill or note has been given for goods and dishonoured, id.
formerly interest not recoverable on money due for goods sold, 299.
payment for, by bill or note, 325.

presumptive proof of payment for, 21. 326.

where, and in what manner, the property in, passes, 504. et seq.; and see
Trover.

where goods are ordered to be made, at what period the property vests,

505. See Trover.

evidence of conversion of, 511. et seq.

See Trover.

where they pass to the assignees of a bankrupt, as being in his order,
disposition, and control, 551. See Reputed Ownership.

executor finishing goods ordered from testator, cannot sue for goods
sold and delivered by testator, 577, 578.

GOVERNOR:

of hospital, competent witness for hospital, 117.
GRANARY:

action against hundred for demolition of, 587.
GUARANTEE:

effect of payment into court, in action on, 46.

delivery of, proved by delivery of unstamped guarantee, 154.

for payment for goods by third party, exempt from stamp, 157.

notice to the party for whom it is given, not necessary before defending

action for money paid, 289.

when statute of limitations begins to run on, 313.

will not form subject of set-off, 328.

plea of tender, in action on, admits it to be in writing, 330.

damages in trover for, 525.

against contingent damages, not the subject of mutual credit, 563.

GUARDIAN:

admissions by, not evidence against infant, 41.

incompetent witness for infant, 110.

release by, to witness, not sufficient, 122.

answer of, to bill in Chancery, not evidence against infant, 139.
in socage, possession by, is seisin of infant, 434.

evidence in ejectment by, 442.

holding over without consent, a trespasser under 6 Anne, c. 18., 484.

when evidence of notice in action against carriers, 361.
HANDWRITING:

admitted in action on bill of exchange by plea of payment into court, 46.
evidence of, of attesting witness, when admissible, 87. 89.

proof of, 91.

degree of knowledge of witness, id.

by having seen party write, id.

by correspondence, id., 92.

by inspector of franks, who has never seen party write, in-
sufficient, 92.

so witness who only speaks from knowledge of party's charac-
ter and habits, id.

comparison of, how far admissible, id.

in case of ancient writings, id.

by court and jury allowable, id.

if the documents are in evidence for other purposes in
the cause, id.

whether person of skill may speak as to genuineness of, id.
of drawer of bill, admitted by acceptance, 208.

HEARSAY:

general rule, 26.

admissible in questions of pedigree, id.

declarations of family, descriptions in will, inscriptions on monu-
ments, &c., id.

declarations of deceased parents, to prove legitimacy of
children, id.

or their ages, id.

pedigree in family mansion, id.

pedigree privately made, id.

inadmissible, if professing on the face of it to be col-

lected from registers, &c., id.

ring, worn with inscription, id.

memoranda of parent as to time of child's birth, id.

aliter, as to place of birth, id.

dates on tombstones, 27.

bill in chancery, quære, id.

recital in family conveyance, id.

cancelled will, id.

but not probate, id.

or a copy of the register, id.

enrolment of will in books of ecclesiastical court, id.
declarations need not be contemporaneous with facts, id.

of deceased husband as to legitimacy of wife, admissible, id.
of illegitimate relations, or servants, inadmissible, id.
of deceased person, as to his own marriage, admis-
sible, id.

of deceased mother, as to non-access, inadmissible, id.

HEARSAY

(continued)

old depositions in a suit, not proved aliunde to have been made
by relations, inadmissible, 27.

what proof of relalationship of declarant sufficient, 28.
objection that declarant stood in pari casu with the person
who tenders the evidence, id.

declarant must be dead, id.

inadmissible post litem motam, id.

though not known to declarant, id.

need not be an actual suit, id.

admissible to prove public rights, and rights in nature of such, id,

341. 346.

manorial custom, 28.

custom in borough corporate to exclude foreigners, id,
boundary between parishes, &c., id.

parish modus, id.

toll traverse, or ferry, id.

inadmissible to prove prescriptive private right, id., 341. 346.
as obligation to repair ratione tenura, 28.

exemption of sheriff from performance of public duty, id.
tradition of particular fact inadmissible, 29.

as of a farm modus, id.

declarations of deceased occupier of land, on question of
public way, id.

of deceased lord of manor, as to extent of waste, id.
ancient entries, or orders of justices in sessions, on questions
of locality, id.

ancient leases, id.

award inter alios on question of boundary of parish, id.
finding of jury on commission to ascertain bounds, id,
aliter, interlocutory order, id.

as to the parties from whom the declarations proceed, id,
in cases not strictly public, id.

in cases strictly public, 30.

answers of tenants of a manor, id.

user need not be shown, id.

must not be post litem motam, id.

distinction where there are two suits not on same custom,
id.

depositions in old suit admissible without proving character of
deponents, id.

declarations of parishioners, where admissible, id.

of deceased corporator, id,

inadmissible, if declarant still alive, 31.

admissible, when part of the transaction, id.

in action for false representation of solvency, declarations of
plaintiff that he trusted the party on the faith of the representa-
tion, id.

declarations of drawee of bill in action against drawer, id.

aliter, what passed between drawee and holder after bill pre-
sented, id.

letter sent with bill by plaintiff to defendant, id.

instructions to solicitor, to prove consideration of conveyance, id.
declarations of trader as to absenting himself, id.

of bankrupt as to the state of his affairs, id.

answers to bankrupt's letters, to prove his knowledge of the
state of his affairs, 31.

of party felling timber, to rebut presumption of ownership, id.
of plaintiff in action of assault, id.

of plaintiff in conversation with defendant, if part of res gesta,

id.

act done not qualified by subsequent declarations made
alio intuitu, 32.

of wife, in action for crim. con., id.

of testator, as to intention, where will disputed, id.

of third persons, as to character, id.

assertions of ownership, id.

by old leases, id.

entry of licences in court rolls of manor, to prescriptive rights, id,

33.

old table of tolls, 33.

aliter, mere entries in corporation books, id.

as of resolution to take tithe in kind, against claim for
modus, id.

must be accompanied by some exercise of ownership, id.
entries made by persons inadmissible for themselves or their repre-
sentatives, id.

of receipt of rent, to prove title, id.

in corporation books, to prove title of corporation to appoint
curate, id.

survey of manor no evidence against stranger, id.

aliter, where taken by person under whom both parties claim,
id.

admissible, of persons having no interest to inisrepresent, id.
declarations of deceased rector, &c., admissible for successor, id.
though made by deceased impropriate rector, id.

though impropriator be a corporation aggregate, id.
of witnesses at a former trial, 34.

when witness is dead, id.
between the same parties, id.
how proved, id.

admissible, of persons speaking against their own interest, id.
though of facts not within their own knowledge, id.

of surgeon, entry in book of, bill paid, id.

of steward, entries of money received by, id.

of master of vessel, bill of lading, id.

receipt given to surety by deceased creditor, to prove advance to
principal debtor, id.

of deceased occupier of land, as to renting under a particular per-

son, 35.

deed by deceased party, stating legal ownership in another, id.
written attornment by tenant in possession, to prove seisin, id.
of deceased collector of rates, entries of money received by, id.
quære as to oral declaration of, 36.

so of deceased clerk, 35.

of land-tax collector, to show occupation, id.
of deceased accountant, id.

ancient minister's accounts rendered to lord of manor, id.
party making the declarations must appear to be dead, id.
not sufficient that he is abroad, id.