COMMON-continued.

where parties under disability, 374.
where tenancy for life or years, 375.
interruption of enjoyment, 375.

right of common of pasture; cattle levant and couchant, &c., 375.
mode of pleading prescriptive rights; mere general allegations of
the right not now sufficient, 375, 376.

restricted or qualified rights should be so pleaded, 376.

divisible allegations of the right; verdict for divisible part, 376.
claims of injunctions, &c., 376, 377.

lord of manor, enclosure or approvement by; taking gravel, &c. ;
statutes, 377, 865.

right of common not in general claimable for an indeterminate
body of persons, 377.

instances of former declarations for disturbance of common, 377.
defences in actions for disturbance of common, pleading, 376, 861.
mere general denials of the right, insufficient, 861.

defences, a right of common; how pleaded, 861.

prescription at common law, 862.

right of common appurtenant, and right of common in gross, 862.
easement in gross, or profits à prendre in gross, not within the Act,
862, 898.

prescriptive rights under the Prescription Act, 862.

pleading prescriptive rights under the statute and at common law,
862.

lost grant, 862, 996.

pleading enjoyment for different periods under the statute, 862.
effect of joinder of issue, 862, 863.

in what cases special reply necessary, 863.

licence or agreement; unity of possession, 863.

pleading exceptions, incapacities, disabilities, &c., 863.

instances of former pleas in various cases, 863.

approvement and enclosure, 865.

customs to enclose part of the waste of a manor, 865.

COMMON COUNTS,

under the former system of pleading, what they were, 52.

COMPANY,

statements of claim in contract:

by a company under the Companies Act, 1862, against a shareholder for
allotment money and calls, 183.

by a company formed by an Act of Parliament, incorporating the
provisions of the Companies Clauses Consolidation Act, 1845, against
a shareholder for a call, 185.

by a company for allotment money, 186.

against a like company, under s. 65 of the Companies Clauses Consoli-
dation Act, 1845, for costs and expenses incurred in obtaining the
company's Special Act, 186.

by the assignee of a debt assigned by a liquidator, appointed under the
Companies (Winding-up) Act, 1890..187.

by or against the public officer of a banking co-partnership, suing or
being sued as nominal plaintiff or defendant under a statute, 118.
statement of claim by a foreign company, 193.

other forms of claims in contract, by or against companies: see CARRIERS,
INSURANCE, &c.

defences in contract:

defence to an action for a call that the call was not duly made, 681.
defence to an action for calls that the defendant was induced to take the
shares by fraud, 708.

COMPANY-continued.

defence to an action for calls that the defendant was an infant at the
time of taking the shares, 736.

defences to actions brought against railway companies as carriers of
goods or passengers: see CARRIERS, and NEGLIGENCE.

incorporated companies; how to sue and be sued, 182.

banking co-partnerships suing or sued by public officer, 115.
companies under the Companies Acts, 1862 to 1893; registered
name, 182.

winding-up thereunder; liquidator bringing or defending actions
in the company's name, 182.

statutory provisions simplifying pleadings and proofs in actions
for calls, 183, 184.

such calls constitute a specialty debt, 183, 683.

statement of claim for calls under the Companies Clauses, &c.,
Act, 1845; interest on calls; calls payable by instalments,
183, 184.

action for calls by companies, within the Stannaries Act, 1869, in
name of the purser, 184.

liability to calls; registered shareholder, 184.

actions for calls by unincorporated companies, in absence of
statutory powers, 185.

allottee of shares, when bound to accept allotment, 186.

claims under the Companies Clauses, &c. Act, for costs and expenses
of obtaining special Act, 186.

promoters' contracts to repay preliminary expenses, in general not
ratifiable by the company, 187.

assignment of things in action by the liquidator in a winding-up,

187.

contracts by companies, how made, 675, 676.

provisions of the Companies Acts, 1862 and 1867, and of the
Companies Clauses Consolidation Act, 1845, on this subject,
676.

in what cases directors or agents, signing bills or notes, are per-
sonally liable, 676.

defence to actions on contracts under seal, that the company's seal
was improperly affixed, when available, 677.

contracts ultra vires of the company; incapable of ratification,
677.

ratification of contracts which are ultra vires of the directors, &c.,
678.

contracts made by promoters before incorporation, 678.

effect of company adopting benefit of services, &c., 678.

persons dealing with company deemed to have notice of matters
stated in its Act of Parliament, or in its Memorandum or Articles
of Association, 677.

but not usually bound to inquire further, 678.

personal liability of directors for breach of warranty of authority,
92, 678.

liability to account for profits gained as trustees or agents, 94,

679.

liability to make good losses sustained by misappropriation or
misfeasance, 679.

liability for false statements in prospectus, 436.

prospectus to specify previous contracts made by company, or its
promoters, 437.

liquidator not personally liable to shareholders or creditors for
non-performance of duties, 679.

illegality of contracts with unregistered companies required to be
registered under the Companies Act, 1862..679.

COMPANY-continued.

set-off of calls by company, when sued by shareholder, 679.
shareholder, sued for calls, may set off debts due from the com-
pany, except in cases of winding-up, 679, 683.

effect of winding-up as to set-off and counterclaim, 679, 680,
683.

application of the "mutual dealings" clause of the Bankruptcy
Act, 1883, in cases of winding-up, 680.

in actions by liquidator, on transactions subsequent to the winding-
up, no set-off, &c. of previous transactions with the company,

680.

power of staying actions against company after commencement of
winding-up proceedings, 680, 681.

after winding-up order, no action to be commenced or proceeded
with against company without leave, 681.

transfer of actions after winding-up order, 681.

pleading in actions for calls, 681.

denials must be specific; mere general denial not sufficient, 681.
evidence; register of shareholders, 681.

what are good defences to actions for calls, 681-683.

set-off against calls not allowed under the Companies Acts, where
the company is being wound up, 683.

period of limitation in actions for calls, what, 683.

shares under the Companies Acts, to be paid in cash, unless regis-
tered contract to the contrary, 683.

what amounts to payment in cash, 683.

shares of limited companies, not issuable at a discount, 683.
estoppel of company by statements in share certificates, 683.
statements of claim in tort:

against railway companies for negligence causing personal injury to a
passenger, 373, 478: see CARRIERS, and NEGLIGENCE.

by an owner of land against a company for a mandamus requiring them
to issue their warrant to the sheriff to summon a jury to assess a
disputed compensation under the Lands Clauses Consolidation Act,

1845..380.

actions by or against incorporated companies for wrongs, 378,
379, 397-399.

action by shareholder against a company for fraudulent mis-
representations, 378.

action for rescission of contract, 379.

against directors or promoters for misrepresentations in prospectus,

436.

maliciously presenting a winding-up petition, 379, 459.

register of shareholders; action for not registering, or for wrong-
fully removing name; mandamus, &c., 379.

rectification of register; summary jurisdiction, 379.

effect of notice to treat under the Lands Clauses, &c., Act, 1845..
380.

procedure as to compensation for lands taken or injuriously
affected, 380, 381.

action for not issuing warrant to sheriff for a jury, when it lies,
380, 381.

judge's order for trial, under the Regulation of Railways Act,
1868..380.

defences to action on a verdict or award under the Lands Clauses,
&c., Act, 381.

application of the Arbitration Act, 1889, to such arbitrations,

103.

"injuriously affecting"; compensation for, when claimable, 381.
And see CORPORATION.

COMPENSATION,

under the Lands Clauses, &c. Act, 380, 381: see ARBITRATION.
under the Employers' Liability Act, 468; see MASTER AND
SERVANT.

when the only remedy for acts authorized by statute, 483, 484.

COMPOSITION WITH CREDITORS.

I. Compositions and arrangements with creditors under the Bank-
ruptcy Acts, 127, 637.

See BANKRUPTCY.

II. Compositions and arrangements with creditors apart from the
Bankruptcy Acts.

defence that the defendant paid a composition for the debt under an
agreement with the plaintiff and other creditors, 684.

reply that the deed or instrument was not registered, 685.

payment of composition under a valid agreement with creditors, a
satisfaction of the debt, 684.

defence of tender of composition, with payment into Court, 684.
effect of default by debtor; revival of original debts, unless other-
wise provided, 684.

conditional execution of deed, 685.

creditor not bound, where bad faith on part of debtor, corrupt
preference, &c., 685.

Deeds of Arrangement Act, 1887; deeds or written agreements
assigning property for benefit of creditors or arranging for
a composition, &c., void, unless registered, 685.

adding names of creditors in schedule after registration, 686.

COMPOUNDING FELONY, &c., 728. See ILLEGALITY.

COMPROMISE, 211, 353. See FORBEARANCE; SOLICITORS.

CONCEALMENT. See FRAUD; INSURANCE.

CONDITION. See BONDS; CONDITIONS PRECEDENT, &c.

CONDITIONS PRECEDENT.

averment in a statement of claim that performance of a condition precedent
was excused by the defendant, 188.

a like form, alleging prevention of performance by a breach of the
contract on the part of the defendant, 189.

a like form, alleging that the defendant disabled himself from perform-
ing the contract, 189.

statement of claim containing a specific averment that a particular condi-
tion has been fulfilled, 189, 283.

defences denying the fulfilment of conditions precedent, 585, 781, 814,
815, 853.

defence setting up a material condition which does not appear from the
statement of claim, 617.

conditions precedent in actions on contracts, 188.

general averment of performance or concurrence of conditions
precedent, formerly in use under the C. L. P. Acts, 188.

such general averment is now implied under O. XIX. r. 14..188.
matter of excuse for non-performance must be pleaded in the first
instance, 188, 189.

what amounts to excuse or waiver of performance, 189.

absolute refusal to perform a contract, or preventing its perform-
ance, &c., 189.

mode of pleading where the party pleading contests the perform-
ance or occurrence of conditions precedent necessary to his
opponent's case, 188, 686.

CONFESSION,

confession of a defence arising after action, 687.

signing judgment for costs on delivery of such confession, where
defence sets up matters arising after action, 555, 686.

in what cases this procedure applies, 687.

its effect in preventing another action for same cause, 687.
And see DEFENCES ARISING AFTER ACTION.

CONFESSION AND AVOIDANCE,

pleadings in; meaning of the term, 1, 2, 545, 552.

CONSIDERATION,

debt for executed consideration, how sued for, 52.
a contract by deed requires no consideration, 53, 98.
consideration for a simple contract (other than a bill or note) must
be stated; mode of stating, 51, 53, 97.

unnecessary to allege consideration for a bill or note, 130.

failure of consideration; partial failure of consideration; complete
failure of part, 298, 299, 645, 646.

forbearance, when a sufficient consideration, 210, 705.
illegality of consideration, pleading, 649, 727.

part of consideration illegal, 728.

CONSTABLE. See POLICE.

CONTRACT,

distinction in pleading between contracts under seal and simple
contracts, 51, 53, 97: see CONSIDERATION.

actions for debt on contracts; actions for damages for breach of
contract, 51-53.

statements of claim in such actions, how pleaded, 51-57, 96-99.
defences in such actions; mode of denying the contract and the
breach, &c., 548-553, 616–619.

mode of denying, in actions on agreements, &c., 616.

distinction between actions on contracts and actions for wrongs, 3,

168.

effect as to costs, 3, 168.

And see AGREEMENTS; CONSIDERATION; DEED.

CONTRACTOR,

actions by and against, on building contracts, &c.: see WORK.
employer, when liable for negligence of contractor, 467, 468.
CONTRIBUTION. See GUARANTEES; MONEY PAID; THIRD PARTY.
CONVERSION,

statements of claim:

for conversion of goods, 390.

the like, by a trustee in bankruptcy, 371.

against an auctioneer for a conversion of the defendant's goods by selling
them for a third person, and delivering them to the purchaser, 390.
for trespass to the house of the plaintiff, and wrongful seizure of the
goods of the plaintiff therein, with a claim for conversion of the goods
seized, 528.

by the grantee of a bill of sale of household furniture against a person
who has taken possession thereof under a wrongful sale by the grantor,

390.

for wrongful conversion of cheques and bills belonging to the plaintiff,
with an alternative claim for the proceeds thereof, 300.
defences:

denial of the alleged conversion, 866.

defence denying the plaintiff's property in the goods, 866.