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statutes relating to, 22 & 23 Car. II. c. 10,

and 29 Car. II. c. 30.

title to personalty under, 108 to 110.
table of next of kin and distributions, 108
to 110.

when no action for distributive share, 110.
no action by legatee under administration
bond until after decree, 8 B. & Cress. 151.
Admittance. See Copyhold.

alienation by, 349.
Advertisement. See Contract.

may bind as a contract, 114 to 116.

of sale of an estate when binding and how
to be framed, 295.

what to contain and how framed, 295, 6.
Advowsons, 215. See Church. Rectory.

in general, 215 to 218.

remedies for injuries to, id. 398.
Aftermath, 181.

Age,

named in a statute or at common law is
attained the day before anniversary of
birth, 1 Sid. 162; 1 Keb. 589; 1 Salk.
44; Raym. 84; 1 Bla. C. 463, n. 13.
Agreement. See Contract, 112 to 130. Vendor
and Purchaser.

expediency of, before conveyance, 293.
between vendor and purchaser of realty, 295.
for lease, 300.

to secure money on mortgage, &c. 300.
suggested form of, for a lease, 300.

Alienation. See Conveyance.

power of, incident to what estates, 242.

Alienation (continued.)

forfeiture by, of too large interest, 243.
title by, 291 to 365.

by feoffment, 291 to 308.

by deed, 291.

what deeds, 291 to 340. See Deeds and
particular heads.

by matter of record in general, 340.

1. private statute, ib.

2. King's grant, 341.

3. fines, ib.

4. recoveries, ib.

by custom, as in the case of copyholds, 345.

1. surrender, 347.

2. presentment, 348.

3. admittance, 349.

by devise, 351. See Devise.

Alteration,

of a conveyance, when does not prevent
estate passing, 304.

Ancient Lights, 206. See Appendant. Prescription.

right to, 206 to 208.

right to, regulated, 284 to 286.

injuries to, in general, 393, 4.
remedy for injuries to, 394.

Animals, 87 to 89.

enumerated, and injuries to, and remedies,

87 to 89-150 to 144.

ordinarily kept confined, 87, 89.

when a dead animal, to be so described, 86.
cruelty to, how punished, 137.
poisoning of, ib.

poisoning fisheries, 193.
Annexations to land, &c.

how far privileged as realty, 149.
Annuities, 225.

Appendant or Appurtenant, or Appurtenances, 153
to 159. See Prescription, 282.

terms not strictly applicable to personal
things, 86.

terms as applied to realty defined, 153 to 159.
when land or coporeal real property cannot
pass under it, 154.

requisites of, in general, 153 to 159.

must be appropriate to the thing to which
attached, 155.

apportionment of, 156.
severance and in gross, ib.

extinguishment of, by unity of seisin, 156, 7
-282.

not of a way of necessity, 2 Bing. 76.
nor watercourse, 215.

what words, as "therewith used," essential

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apprehending vagrants, 176.

Arrest, 19, 20, ch. vii. See Apprehension.
of dead body illegal, 52.

when may be without warrant, 19, 20,
ch. vii.

when by warrant, &c. ch. viii.

found committing, meaning of term, and
when may arrest, 137, n. (i).
Arson, 136, 410. See Malicious Injuries.

injury by, to personal property, 136.
injury by, to real property, 400, 410, 411.
liability of hundred to compensate, 411.
as it respects what buildings, 171.

Assault. See Attempts. Batteries.

defined, 37.

common, ib.

special assaults particularly punishable, 38.
how defended or resisted, 38, ch. vii. viii.
summary punishment for, 22.

suggestion that there should be a summary
remedy for civil compensation, 23, n. (d).
hazard of action for petty assaults, 23.

Assignment,

1. of personalty,

title by, to personalty, 106.

of a chose in action by parol, ib.
voluntary assignment of personalty when
party not indebted at time, valid, and
not within stat. Eliz. 106, 108, 329 to
333; 1 Sim. & Stu. 315; 3 Simons, 1;
1 Dow. New S. 17.
does not pass after-acquired property,106.
equitable assignment or mortgage how

made, and of necessity to give notice,
106, 335, 6, post, chap. v.

lien, 106.

of contingent interest, what words essen-
tial, 106, 7.

of a copyright, how, 107.

possession to be taken, ib.

notice to be given, 106, 108, 335, 536,
post, ch. v.

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When sale of growing crops, 93.
6. When equity will aid want of written
contract in cases of fraud, 117.

7. When contract may be collected from
several documents, 118.

8. All proper and intended terms to be
expressly specified, 118, 293, 294.
When courts will not supply omissions,
Id.; 2 Sim. & Stu. 420; 6 Ves. 34;
1 Meriv. 15.

9. Time of performance when material,
120, 122.

10. Precautions by sureties by bond,
82, 83, 122.

11. Necessary certainty in contracts, 123.
12. Mistakes in contracts how and when
reformed in equity or aided at law, ib.
II. Particular Contracts, 124 to 130.
1. Precautions in contracts of sale, 125.
See Vendor & Purchaser.

2. Precautions in guarantees, 82, 83, 120

to 129.

when Court of Equity will prevent breach
by injunction, 141, ch. viii.

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voting in respect of, 233.

when lands may be granted by, 232, 233.
freehold in lord and trustees unnecessary,
232.

subject to special occupancy, 233.
what fine payable, ib.

fees to steward, 233, 234.

mines, lord cannot open, without custom,
234.

trees, copyholder can cut, only for repairs, ib.
lord cannot cut, ib.

waste, even permissive a forfeiture, ib.
license to demise for more than a year, ib.
forfeiture for felony only during life, 235.
transfer of, 235. See Surrender. Present-

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Creeks, 197.

Criminal Injuries,

distinguished as Felonies, Misdemeanors and
Offences, 14.

remedies and punishments in general, 28 to

31.

to the person in general, ch. ii. per totum,

32 to 83.

to personal property in general, ch. iii. per
totum, 84 to 145, more particularly 130

to 144.

to real property in general, ch. iv. per tot.
145 to 413.

to land, 181.

more particularly, 400 to 413.
Criminal Takings,

of personal property, 131.
Crops, 91, 93. See Emblements.
Cruelty,

to infants, &c. 34.

to animals, 3 Geo. 4, c. 71, 137.

does not extend to bull baiting, ib.

semble any malicious injury now within 7 &
8 Geo. 4, c. 30, s. 24.

Curtilage, 175.

defined, ib.

limited, ib.

but still a higher offence to steal within,

176.

Cujus est solum ejus est usque ed cælum, 180.
Custom,

title by, to personalty, 103.

title to incorporeal property by, 282 to

286.

what, good and what length of user estab-
lishes, ib.

effect of, 2 & 3 Wm. 4, c. 71, upon, 285,
286.

Damage, Illegal, to goods.

remedies for, 135.

Damages, Treble,

how calculated, 27.

Damages, wilful or malicious, not exceeding 51.

to personal property when punishable sum-

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marily, 136, 407, 408.

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