may offer himself for admission on the next avoidance: Walsh v. Bishop of Lincoln, L. R. 10 C. P. 518.

Slave Trade. Illegal, and contracts relating to avoided, 5 Geo. 4, c. 113, 6 & 7 Vict. c. 88. As to construction of the statutes on contracts made abroad, Santos v. Illidge, 6 C. B. N. S. 841, 28 L. J. C. P. 317, in Ex. Ch. 8 ib. 861, 29 L. J. C. P. 348.

Solicitors. The principal Act is 23 & 24 Vict. c. 127. Unqualified persons are forbidden to practise and a solicitor omitting to take out annual certificate cannot recover costs. Special agreements in writing between solicitor and client as to remuneration are now valid, 33 & 34 Vict. c. 28, ss. 4-15, if not in the nature of champerty, s. 11: *they cannot be sued upon, but may be enforced or set aside in a discretionary manner on motion or petition, ss. 8, 9. See Rees v. Williams, L. R. 10 Ex. 200. A promise to charge no costs at all in the event of losing the action is good apart from the statute, and is not touched by s. 11. Jennings v. Johnson, L. R. 8 C. P. 425.

Spirits, &c. (sale of). *In small quantities, 24 Geo. 2, c. 40, s. 12 (Tippling Act); 25 & 26 Vict. c. 38; 30 & 31 Vict. c. 142, s. 4. Το passengers on ship during voyage, 18 & 19 Vict. c. 119, s. 62.

Spirits (methylated), as to making, warehousing, sale, &c.: 18 & 19 Vict. c. 38 (and several later Acts).

Sunday. Work in ordinary callings by tradesmen, &c., and public sales by any person on Sunday forbidden, also travelling with boats or barges, 29 Car. 2, c. 7. See Benjamin on Sale, 442-5.

Tobacco. Growing tobacco is forbidden by 12 Car. 2, c. 34, 1 & 2 Will. 4, c. 13 (extending the prohibition to U. K.): and the tobacco trade is further regulated by a great number of Customs and Excise Acts.

*Trade Union Contracts, 34 & 35 Vict. c. 31, s. 4.

Usury. The various statutes which fixed (with sundry exceptions) a maximum rate of lawful interest were all repealed by 17 & 18 Vict. c. 90. It would be perhaps needless at such a distance of time to mention this, were it not that by an extraordinary oversight the last edition of Story on Contracts (§ 722) represents the statute of Anne (12 Ann. stat. 2, c. 16) as still regulating the law of interest in England. As to securities given after repeal of usury laws for money lent on usurious terms before the repeal, Flight v. Reed, 1 H. & C. 703, 32 L. J. Ex. 265.

Wagers. 8 & 9 Vict. c. 109, supra, p. 276. Benjamin on Sale, 435. As to the extent of the exceptions, Parsons v. Alexander, 5 E. & B. 263, 24 L. J. Q. B. 277, Coombes v. Dibble, L. R. 1 Ex. 248, Diggle v. Higgs, 2 Ex. D. 422, Trimble v. Hill (appeal to J. C. from New S. Wales on colonial statute in same terms), 5 App. Ca. 342. Forbearance of proceedings to enforce payment of racing debts by purely conven

tional sanctions is not an unlawful consideration; qu. whether or not a good consideration; Bubb v. Yelverton, 9 Eq. 471.

Wages. Payment otherwise than in money forbidden, 1 & 2 Wm. 4, c. 37 (Truck Act), in the trades enumerated in s. 19. Cutts v. Ward, L. R. 2 Q. B. 357. The stoppage of wages for frame rents, &c. in the hosiery manufacture is forbidden, and all contracts to stop wages and contracts for frame rents and charges are made illegal null and void, by 37 & 38 Vict. c. 48. See Willis v. Thorp, L. R. 10 Q. B. 383, Smith v. Walton, 3 C. P. D. 109.

Weights and Measures. Standards defined, and use of other weights and measures forbidden. 5 Geo. 4, c. 74, 5 & 6 Wm. 4, c. 63, 18 & 19 Vict. c. 72, 22 & 23 Vict. c. 56. The use of the metric system is legalized by 27 & 28 Vict. c. 117. Sales by customary weights or measures which are well known multiples of standard weight or measure are not unlawful: Hughes v. Humphreys, 3 E. & B. 954, 23 L. J. Q. B. 356, Jones v. Giles, 10 Ex. 119, 23 L. J. Ex. 292.

NOTE G. (p. 365).

Indian Contract Act on Unlawful Agreements (ss. 23, 24, 26, 27, 28, 30, 57, 58).

[It is thought unnecessary to set out here the illustrations, of which there are several, to s. 23, as the cases put are sufficiently obvious. It must be remembered, however, that the illustrations are an integral part of the enactment. None is given on the head of public policy, whether from a desire not to limit judicial discretion or from the difficulties attending the subject: so that the courts are apparently left to fall back upon the English authorities. The sections or clauses which distinctly differ from the corresponding English law are marked with an asterisk.]

23. The consideration or object of an agreement is lawful unless it is forbidden by law; or is of such a nature that, if permitted, it would defeat the provisions of any law; or is fraudulent; or involves or implies injury to the person or property of another; or the Court regards it as immoral or opposed to public policy.

In each of these cases, the consideration or object of an agreement is said to be unlawful. Every agreement of which the object or consideration is unlawful, is void.

24. If any part of a single consideration for one or more objects, or any one or any part of any one of several considerations for a single object is unlawful, the agreement is void.

Illustration.

A. promises to superintend, on behalf of B., a legal manufacture of indigo and an illegal traffic in other articles. B. promises to pay to A. a salary of 10,000 rupees a year. The agreement is void, the object of A.'s promise, and the consideration for B.'s promise, being in part unlawful.

26. Every agreement in restraint of the marriage of any person, other than a minor, is void.

27. Every agreement by which any one is restrained from exercising a lawful profession, trade or business of any kind, is to that extent void.

Exception 1. One who sells the good-will of a business may agree with the buyer to refrain from carrying on a similar business, within specified local limits, so long as the buyer, or any person deriving title to the good-will from him carries on a like business therein,* provided that such limits appear to the Court reasonable, regard being had to the nature of the business.

Exception 2. Partners may, upon or in anticipation of a dissolution of the partnership, agree that some or all of them will not carry on a business similar to that of the partnership within such local limits as are referred to in the last preceding exception.

Exception 3. Partners may agree that some one or all of them will not carry on any business other than that of the partnership, during the continuance of the partnership.

28. Every agreement by which any party thereto is restricted absolutely from enforcing his rights under or in respect of any contract by the usual legal proceedings in the ordinary tribunals, or which limits the time within which he may thus enforce his rights, is void to that extent.

Exception 1. This section shall not render illegal a contract, by which two or more persons agree that any dispute which may arise between them in respect of any subject or class of subjects, shall be referred to arbitration, and that only the amount awarded in such arbitration shall be recoverable in respect of the dispute so referred.

*When such a contract has been made a suit may be brought for its specific performance, and if a suit other than for such specific performance, or for the recovery of the amount so awarded, is brought by one party to such contract against any other such party in respect of any subject which they have so agreed to refer, the existence of such contract shall be a bar to the suit.

Exception 2. Nor shall this section render illegal any contract in writing by which two or more persons agree to refer to arbitration

any question between them which has already arisen, or affect any provision of any law in force for the time being as to references to arbitration.

30. Agreements by way of wager are void, and no suit shall be brought for recovering anything alleged to be won on any wager or entrusted to any person to abide the result of any game or other uncertain event on which any wager is made.

This section shall not be deemed to render unlawful a subscription or contribution, or agreement to subscribe or contribute, made or entered into for or toward any plate, prize, or sum of money* of the value or amount of five hundred rupees or upwards, to be awarded to the winner or winners of any horse-race.*

Nothing in this section shall be deemed to legalize any transaction connected with horse-racing to which the provisions of section 294 A. of the Indian Penal Code apply.

57. Where persons reciprocally promise, firstly to do certain things which are legal, and secondly, under specified circumstances, to do certain other things which are illegal, the first set of promises is a contract, but the second is a void agreement.

Illustration.

A. and B. agree that A. shall sell B. a house for 10,000 rupees, but that if B. uses it as a gambling house, he shall pay A. 50,000 rupees for it.

The first set of reciprocal promises, namely to sell the house and to pay 10,000 rupees for it, is a contract.

The second set is for an unlawful object, namely, that B. may use the house as a gambling house, and is a void agreement.

58. In the case of an alternative promise, one branch of which is legal and the other illegal, the legal branch alone can be enforced.

Illustration.

A. and B. agree that A. shall pay B. 1,000 rupees, for which B. shall afterwards deliver to A. either rice or smuggled opium. This is a valid contract to deliver rice, and a void agreement as to the opium.

NOTE H. (p. 404).

Indian Contract Act on Impossible Agreements.

53. When a contract contains reciprocal promises, and one party to the contract prevents the other from performing his promise, the contract becomes voidable at the option of the party so prevented;

and he is entitled to compensation from the other party for any loss which he may sustain in consequence of the non-performance of the

contract.

Illustration,

A. and B. contract that B. shall execute certain work for A. for a thousand rupees. B. is ready and willing to execute the work accordingly, but A. prevents him from doing so. The contract is voidable at the option of B., and if he elects to rescind it he is entitled to recover from A. compensation for any loss which he has incurred by its non-performance. 56. An agreement to do an act impossible in itself is void.

A contract to do an act which after the contract is made becomes impossible, or by reason of some event which the promisor could not prevent, unlawful, becomes void when the act becomes impossible or unlawful.

Where one person has promised to do something which he knew, or with reasonable diligence might have known, and which the promisee did not know to be impossible or unlawful, such promisor must make compensation to such promisee for any loss which such promisee sustains through the non-performance of the promise.

Illustrations.

a. A. agrees with B. to discover treasure by magic. The agreement is void.

b. A. and B. agree to marry each other. Before the time fixed for the marriage A. goes mad. The contract becomes void. c. A. contracts to marry B., being already married to C., and being forbidden by the law to which he is subject to practise polygamy. A. must make compensation to B. for loss caused to her by the non-performance of his promise. d. A. contracts to take in cargo for B. at a foreign port. A.'s government afterwards declares war against the country in which the port is situated. The contract becomes void when war is declared.

e. A. contracts to act at a theatre for six months in consideration of a sum paid in advance by B. On several occasions A. is too ill to act. The contract on these occasions becomes void (a).

67. If any promisee neglects or refuses to afford the promisor reasonable facilities for the performance of his promise the promisor is excused by such neglect or refusal as to any non-performance caused thereby.

(a) A. would apparently be bound under s. 65 to restore a proportionate part of the payment, which in England he would not unless there

were something in the particular contract to show that the payment was intended to be apportioned.