SHARES-continued. reply to preceding defence and counter-claim, alleging that misrepresenta- rejoinder to preceding reply, 520 statement of claim in action by vendor of shares against purchaser for not statement of defence to preceding claim, and payment of sum into Court, 520 statement of claim in action by purchaser of shares for their non-delivery, 520 statement of defence to preceding claim, alleging that company was a joint reply to preceding defence, 521 statement of claim by a stock broker for "differences," 521 statement of defence to preceding claim and counter-claim, 521 reply to preceding defence and counter-claim, 521 statement of claim in action against defendants in the alternative for breach statement of defence of principal to preceding claim, alleging no authority statement of defence of warrantor to preceding claim denying that he war statement of claim of a mandamus to allot shares in a railway company, 523 SHEEP, injuries to, by dogs. See FEROCIOUS ANIMALS. SHERIFF. See FALSE IMPRISONMENT; ISSUE, INTERPLEADER. liable for acts of his officers in the execution of their duty, 524 but not where they act collusively with execution creditor without the may by interpleading obtain order protecting him, 524 generally indemnified by order of Court against further proceedings, unless must not break into premises, 524 but semble if he does so, validity of execution not impaired, 524, 525 instances of actions against sheriff, 525 solicitor of execution creditor not liable for sheriff's fees, 525 FORMS:- statement of claim in action against sheriff for wrongful execution, 524 statement of defence to preceding claim, alleging that sheriff was acting in reply to preceding defence, 526 statement of claim in action against a sheriff for selling with undue haste and without sufficiently advertising, 526 statement of claim in action against a sheriff for a false return, 526 statement of claim in action against a sheriff for extortion, 527 SHIPOWNER. See CHARTER PARTY; BILL OF LADING. SLANDER. See DEFAMATION. SMALL POX HOSPITAL, statement of claim in action for nuisance by, 444 SOLICITOR, what essential to be proved in action by, to recover for professional ser- 1. must take out certificate, 527 Law List is prima facie evidence of his qualification, 528 2. retainer, 528 need not be in writing, 528 3. that business for which retained has been done, 528 4. that bill has been delivered pursuant to 6 & 7 Vict. c. 73, s. 37, 528 bill must not only be delivered, but left with defendant for examina- delivery to defendant's solicitor sufficient, if he himself afterwards delivery to one of several persons who join in retainer sufficient, 528 where such agreement, no delivery of bill necessary, 528 agreement as to costs between solicitor and client must be signed by both olicitors may sue on special agreements as to non-contentious business by defences to actions by solicitors for their charges, 529 denial of plaintiff's qualification, 529 denial that he had taken out certificate, 529 denial that bill had been delivered where there has been no special denial of retainer, 529 denial that alleged services were rendered, 529 plaintiff's negligence no defence unless it deprives defendant of all what amounts to negligence disentitling solicitor to recover, 529, 530 where he has done useless work, he cannot recover for it, 530 where client sued by solicitor who acted as agent of another solicitor, actions against solicitors, 530, 531 liable for gross negligence or ignorance only, 530 definition of "gross ignorance" in the case of a solicitor, 530, 531 as to power of solicitors to enter into a bona fide compromise of a suit, 531 stipulation in special agreement under 33 & 34 Vict. c. 28, s. 4, that soli- liability of firm of solicitors for money of client in hands of a member of so where bonds are deposited with solicitors, in ordinary course of business, SOLICITOR-continued. firm of solicitors is not liable for money entrusted to one of its members as defences to actions against solicitors, 531 denial of retainer, 531 denial of breach of duty, 531 denial of damage, 531 Statute of Limitations, 531 runs from breach of duty complained of, 531 operation of Statute not removed or suspended by acknowledg solicitors' lien, 532 And see TROVER. have lien for general balance on client's papers which they hold in course summary remedies by solicitors for their costs, 532 summary remedies against solicitors for deeds or moneys belonging to FORMS:- statement of claim in action by solicitor for his costs, 527 statement of defence to preceding claim, alleging no retainer, express agree- reply to preceding defence, alleging that it was a nice question as to the rejoinder to preceding reply, 532 statement of claim in action by solicitor upon a special agreement in regard tatement of defence to preceding claim, alleging fraudulent misrepresenta- reply to preceding defence, 533 statement of claim in action against a solicitor for professional negligence statement of claim in action against a solicitor for professional negligence, 533 statement of defence to preceding claim, alleging notice by defendant to reply to preceding defence, alleging that defendant had in his possession statement of claim in action against solicitor for detaining deeds from a statement of defence to preceding claim, alleging defendant's lien on the reply to preceding defence, alleging express agreement by defendant to do SPECIAL CASE. See ISSUE, INTERPLEADER. SPECIAL DAMAGE, statement of claim for, 195 SPECIALLY INDORSED WRIT, claim by. See PLEADINGS (STATEMENT OF CLAIM). INDEX. 719 SPECIFIC PERFORMANCE, is in the discretion of the Chancery Division, 536 what contracts the Court would not enforce, 536, 537 no defence to action for, that by Statute of Frauds specific performance. the Chancery Division can enforce specifically an agreement for a separa- no defence to action for, that defendant, though he understood what the reluctance of Court to decree specific performance of an ambiguous agree- effect of a negative stipulation, 537 quare where Court can enforce specific performance of agreement to sell distinction between seeking and resisting specific performance in the admissibility of parol evidence to vary written contract, 537 in defence, parol evidence on ground of fraud, mistake, surprise, or acci- plaintiff's 's case must be free from all circumvention and deceit, 537 specific performance of contracts relating to personalty not generally cases where specific performance of contract of personalty will be decreed, 538 where part performance relied on by plaintiff to supply want of compliance what acts constitute sufficient part performance, 538 as to effect of promises to leave money by will, 538 statute is no defence if contract was not reduced to writing through the Court may decree specific performance, where misdescription of property purchaser can generally insist on specific performance with abatement for FORMS:- statement of claim in action for specific performance by vendor against statement of claim in action for specific performance by vendor against examples of defences to actions for specific performance, 539 statement of claim in action by purchaser of land for specific performance statement of defence to preceding claim alleging mistake by defendant, 540 statement of claim in action by vendor against purchaser claiming specific statement of defence to preceding claim, alleging misrepresentation by statement of claim in action by lessor against lessee for specific performance, 541 statement of defence to preceding claim, alleging misrepresentation and statement of claim in action by purchaser of a picture for specific perform- ance, 542 statement of defence to preceding claim, 542 י STAKEHOLDER, money paid into hands of, he and principal having no notice of bankruptcy, See BANKRUPTCY. STATUTE OF FRAUDS. See PLEADINGS (STATEMENT OF DEFENCE); SALE OF statement of defence, setting up Statute of Frauds, 306, 506 STATUTE OF LIMITATIONS. See LIMITATION; PLEADINGS. STOCK. See SHARES. STOCKBROKER. See SHAres. STOPPAGE IN TRANSITU, definition of, 543 meaning of "insolvent" when relating to right of stoppage in transitu, 543 when the right of, is lost, 543 as to when the transitus is at an end, 543 right of vendor after purchaser has re-sold goods, on notice to intercept as to extent of rights of unpaid vendor to stop in transitu when purchaser FORMS :- statement of claim in action against a railway company for failing to stop statement of defence to preceding claim, alleging no notice received until SURRENDER ACCEPTED. See USE AND OCCUPATION (DEFENCES). URVEYOR, FORMS :- statement of claim in action by surveyor for services rendered in connection statement of defence to preceding claim alleging in alternative employment |