SHARES-continued.
FORMS-

reply to preceding defence and counter-claim, alleging that misrepresenta-
tions were bona fide made by plaintiffs, 519

rejoinder to preceding reply, 520

statement of claim in action by vendor of shares against purchaser for not
accepting shares, 520

statement of defence to preceding claim, and payment of sum into Court, 520
reply to preceding defence, 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
stock banking company and that the contract of sale was not made in
writing, 521

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
of contract to take debentures alleging warranty by one defendant that
he had authority from other defendant to make contract, 522

statement of defence of principal to preceding claim, alleging no authority
on part of warrantor, 522

statement of defence of warrantor to preceding claim denying that he war
ranted that he had authority to make promise, 522

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
knowlege of sheriff, 524

may by interpleading obtain order protecting him, 524

generally indemnified by order of Court against further proceedings, unless
guilty of some improper conduct, 524

must not break into premises, 524

but semble if he does so, validity of execution not impaired, 524, 525
must not remain on premises unreasonable time, 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 claim in action by plaintiff in the alternative against sheriff for
wrongful execution and sale, 525

statement of defence to preceding claim, alleging that sheriff was acting in
accordance with a writ duly issued, 526

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-
vices, 527, 528

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
this provision must be complied with though claim admitted, 528
aliter where bill of exchange given for amount of bill, 528

bill must not only be delivered, but left with defendant for examina-
tion, 528

delivery to defendant's solicitor sufficient, if he himself afterwards
attends taxation, 528

delivery to one of several persons who join in retainer sufficient, 528
solicitors may make special agreements in writing as to remuneration, 528
such agreement enforced by Court on motion or by petition, 528

where such agreement, no delivery of bill necessary, 528

agreement as to costs between solicitor and client must be signed by both
parties, 529

olicitors may sue on special agreements as to non-contentious business by
44 & 45 Vict. c. 44, s. 8: 529

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
agreement, 529

denial of retainer, 529

denial that alleged services were rendered, 529

plaintiff's negligence no defence unless it deprives defendant of all
benefit, 529

what amounts to negligence disentitling solicitor to recover, 529, 530
where no benefit, solicitor cannot recover costs out of pocket, 529
where he commenced action in Court which he should have known had
no jurisdiction, and which was restrained by prohibition, held not
entitled to recover, 529

where he has done useless work, he cannot recover for it, 530
where there are separate charges for such work, and for beneficial ser-
vices, defendant will be entitled to verdict on such charges, 530
advisability of making a solicitor's negligence subject of counter-claim,
530

where client sued by solicitor who acted as agent of another solicitor,
client may plead that credit given to principal solicitor, 530
quare, whether since Judicature Acts this defence would avail, 530
London agent cannot, as against country lay client, retain moneys
recovered in suit by him to satisfy general balance of an account due
by country legal client, 530

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
general powers of solicitors over suit, 531

stipulation in special agreement under 33 & 34 Vict. c. 28, s. 4, that soli-
citor not to be liable for negligence is void, 531

liability of firm of solicitors for money of client in hands of a member of
the firm, 531

so where bonds are deposited with solicitors, in ordinary course of business,
and stolen by one partner, 531

SOLICITOR-continued.

firm of solicitors is not liable for money entrusted to one of its members as
a trustee, 531

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
unless such breach fraudulently concealed, 531

operation of Statute not removed or suspended by acknowledg
ment in this action, 531

solicitors' lien, 532

And see TROVER.

have lien for general balance on client's papers which they hold in course
of their business, 532

summary remedies by solicitors for their costs, 532

summary remedies against solicitors for deeds or moneys belonging to
client, 532

FORMS:-

statement of claim in action by solicitor for his costs, 527

statement of defence to preceding claim, alleging no retainer, express agree-
ment to charge for costs out of pocket only, that no signed bill of costs
was delivered, that plaintiff's services were useless, and that he had
acted with negligence in bringing an action in wrong Court, and counter-
claim for damages on account of plaintiff's negligence, 529-532

reply to preceding defence, alleging that it was a nice question as to the
jurisdiction of the said Court, and express direction by defendant to
proceed in said Court, 532

rejoinder to preceding reply, 532

statement of claim in action by solicitor upon a special agreement in regard
to conveyancing business, 532

tatement of defence to preceding claim, alleging fraudulent misrepresenta-
tion by plaintiff and payment into Court, 533

reply to preceding defence, 533

statement of claim in action against a solicitor for professional negligence
in making application under Order XIV., 533

statement of claim in action against a solicitor for professional negligence,

533

statement of defence to preceding claim, alleging notice by defendant to
plaintiff that former would not act further unless certain sums paid for
fees, etc., and counter-claim for costs, 534

reply to preceding defence, alleging that defendant had in his possession
sufficient money from the plaintiff for the purposes mentioned, 535
rejoinder to preceding reply, 535

statement of claim in action against solicitor for detaining deeds from a
client, 535

statement of defence to preceding claim, alleging defendant's lien on the
deeds and counter-claim for costs, 535, 536

reply to preceding defence, alleging express agreement by defendant to do
the work in question for certain sum, which plaintiff has paid, 536
rejoinder to preceding reply, 536

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.
could not be decreed against plaintiff, 536

the Chancery Division can enforce specifically an agreement for a separa-
tion and for a compromise of a divorce suit, 537

no defence to action for, that defendant, though he understood what the
words of agreement were, mistook their legal effect, 537

reluctance of Court to decree specific performance of an ambiguous agree-
ment, 537

effect of a negative stipulation, 537

quare where Court can enforce specific performance of agreement to sell
medical practice, 537

distinction between seeking and resisting specific performance in the
admission of evidence, 735

admissibility of parol evidence to vary written contract, 537

in defence, parol evidence on ground of fraud, mistake, surprise, or acci-
dent admissible, 537

plaintiff's

's case must be free from all circumvention and deceit, 537
where specific performance may injure third person, 537, 538

specific performance of contracts relating to personalty not generally
decreed, 538

cases where specific performance of contract of personalty will be decreed,

538

where part performance relied on by plaintiff to supply want of compliance
with Statute of Frauds, 538

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
fraud of the defendant, 538

Court may decree specific performance, where misdescription of property
sold, and give compensation to party aggrieved by mis-description, 538
if misdescription substantial, Court may refuse specific performance
altogether, 538

purchaser can generally insist on specific performance with abatement for
misdescription, 539

FORMS:-

statement of claim in action for specific performance by vendor against
purchaser, 536

statement of claim in action for specific performance by vendor against
purchaser's executor, 538

examples of defences to actions for specific performance, 539

statement of claim in action by purchaser of land for specific performance
and damages, 540

statement of defence to preceding claim alleging mistake by defendant, 540
reply to preceding defence, 540

statement of claim in action by vendor against purchaser claiming specific
performance of a verbal contract partly performed, 540

statement of defence to preceding claim, alleging misrepresentation by
plaintiff, 541

statement of claim in action by lessor against lessee for specific performance,

541

statement of defence to preceding claim, alleging misrepresentation and
concealment by plaintiff, 542

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,
cannot be intercepted by trustee, 158

See BANKRUPTCY.

STATUTE OF FRAUDS. See PLEADINGS (STATEMENT OF DEFENCE); SALE OF
GOODS; SPECIFIC PERFORMANCE.

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
the sub-purchaser's purchase money, to the extent of his own unpaid
purchase money, 543, 544

as to extent of rights of unpaid vendor to stop in transitu when purchaser
becomes insolvent, 497

FORMS :-

statement of claim in action against a railway company for failing to stop
in transitu when ordered by owner, 543

statement of defence to preceding claim, alleging no notice received until
after delivery of goods by defendants, 543

SURRENDER ACCEPTED. See USE AND OCCUPATION (DEFENCES).

URVEYOR,

FORMS :-

statement of claim in action by surveyor for services rendered in connection
with a projected railway, 544

statement of defence to preceding claim alleging in alternative employment
of plaintiff on terms that defendant should not be liable personally to
plaintiff, 544