mandamus will not be issued to justices to make a rate to reimburse two inhabi-
tants in defence of indictment for not repairing a bridge, 803, 804..

nor to make a church rate, 804.

except in certain cases under modern acts, ib.

nor a rate to reimburse churchwardens, ib.

when the making of a parish rate will not be decreed in equity, 871.

REAL ACTIONS.

statutes of limitations relating to, 746 to 760.

sixty years' possession not an absolute title, 747, n. (a).

REAL PROPERTY. See First Part, Index, Real Property.
precautions to be observed by vendors of, 463.

by purchasers of, 465, ante, Purchaser.
by mortgagees, 467.

equitable mortgagee of, when not secure, 463.

when party may himself defend without aid of legal assistance, 597.
homicide, when justifiable in defence of, ib.

what preventions to prevent trespassers may be placed on, 603.

injunctions respecting, 721 to 731.

operation of statutes of limitations respecting, 745 to 759.

bills for specific performance of contracts relating to, 860 to 863.

RECAPTION. See Taking, First Part, Index, Recaption.

caption, when purchaser has acquired property, lawful, 125, 130, 131; 7 Bar. &
Cres. 26; 9 Bar. & Cres. 59, 60.

when allowed, 639.

by husband of a wife, when illegally deprived of, 639.

parent of child, 639, 63, 70.

master of servant or apprentice, ib.

in cases of relatives, 640.

of personal property, when, 641, 130, 131; 9 Bar. & Cres. 59, 60.

in case of fraudulent purchase or in stopping in transitu, 644 to 646.
of real property, when, 646, 375.

REGISTER. See Ship.
of marriages, 62.
of births, ib.

of deaths, ib.

REGISTRY.

of births, &c. 62; 8 Bar. & Cres. 813; 1 Ph. Ecc. Ca. 315.

of deeds and notice thereof, 305.

RELATION.

meaning of term, 109, 110; 1 Turner & Russ. 161.

defence by, when justifiable, 613 to 616.

compelling maintenance of, how, 802.

RELATIVE RIGHTS, 53 to 83. First Part, Index, Relative Rights.

RELEASES, 314. See Lease and Release.

conveyance by, 314, 315.

REMAINDER AND REVERSION. First Part, Index, Remainder and Reversion,
REMAINDER-MAN AND REVERSIONER.

waste and other injuries between, 386.

REMEDIES WITHOUT OR WITH LEGAL ASSISTANCE.

See Preventive Measures, and

Specific Remedies, Specific Performance; and Inder, first part, Remedies.
First, Preventive remedies by parties themselves without legal interference,586 to 668.
I. Of preventive and other remedies without legal assistance, 586.

when a party cannot adopt a preventive remedy and also an action, 587.
cautions as to the means of prevention, ib.

II. Of defence, resistance, and prevention of particular injuries, 589 to 612.
1. defence of the person in particular, and when homicide excusable, 589.
1. against felonies, 589 to 591.

2. against misdemeanors, 529, 530,

2. defence of personal property, 597.

3. defence of real property, 599.

what preventions may be placed upon land, 603.

III. Defence by relation, servant, friend, or stranger, 613 to 617.
interference of friends, 614.

of strangers, 615.

in cases of illegal restraint of liberty, ib.

defence and prevention of injury to relative rights, 617.

IV. Of apprehending offenders and their utensils, 617 to 633. Seel fully

Apprehension.

1. by private individuals without warrant, 618.

2. by constables, 618, 619.

3. under warrants, ib.

apprehending under the metropolis police act, 620.

general vagrant act, 621.

the act against larcenies and petty takings, 623.
malicious injuries to property, 624.

the night poaching act, 626.

the game act, 627.

the act against criminal resistance, and for pro-
tection to persons apprehending, ib.

when parties apprehending offenders are protected, 628.

preferable to obtain a warrant, 630.

protection of persons apprehending from actions, ib.

consideration of the expediency of these powers of apprehending,631.
better to act under a special warrant, ib.

of the necessity for notifying the ground or reason for the appre-
hension, 632.

what to be done by a private person or constable immediately after
the apprehension, 635.

V. Of resistance of imprisonment, and when an escape, rescue, or pound
breach is lawful, 633 to 639.

1. by party himself, 633.

homicide, when justifiable, ib.

when murder, ib.

necessity of submitting to lawful imprisonment without inquiring

into existence of debt, or truth of charge, 637.

imprudence of resistance, 638.

REMEDIES, PREVENTIVE-(continued)

VI. Of recaption of a relative, or of personal or real property, 639 to 647.
See Recaption.

1. recaption of the person of a relative, 640.

2. recaption of personal property, 641.

3. recaption of real property, 646.

VII. Of the removal of injuries by abatement, &c. 647 to 656.

1. private nuisances, 647.

1. nuisances or injuries to the person, 647.

2 & 3. abatement, &c. of, to personal or real property, 648.
form of notice on removal, &c. of nuisance, 651.

trees, property in, and cutting same, 652.

2. public nuisances, 653.

powers given by various acts to commissioners to remove nuisances,
654 to 656.

VIII. Of distresses and seizures, 656 to 659.

1. when or not advisable to distrain damage feasant, 656.

1. who may distrain damage feasant, ib.

2. necessary to ascertain whether trespass justifiable, 657.
3. cattle must be taken whilst in act of doing damage, ib.
4. cannot be impounded after tender of amends, 658.

5. cattle distrained must not be beaten or worked, &c. 659.

6. of notice to owner of distress damage feasant, ib.

2. of distresses for rent, and when or not advisable to distrain, 660.
1. distress can only be made where subsisting tenancy, 661.

2. there must be a tenancy under a demise, ib.

3. tenancy must also be at a certain fixed rent, ib.

4. party distraining must have immediate reversion, ib. 3 B. & A. 629.
5. distress must be made upon the premises, 662.

6. what things may be taken under a distress, ib.

7. where things distrained may be impounded, ib.
8. notice of distress must be given, 665.
form of notice of distress, ib.

of growing crops being distrained, 664.
of distress for arrears of rent charge, ib.

3. distresses and seizures for other claims, ib.

as rent charge, ib.

sewers rate, ib.

poor rate, ib.

highway rate, ib.

heriot, ib.

IX. Of obtaining satisfaction by set-off, 665, 666. See Set-off.
X. Of setting off judgment and costs against each other, 667.

XI. Of remedies by retainers, lien, &c. ib. See Lien.

of the right of lien or retainer in general, 668.

Secondly, Of Preventive Remedies by Legal Authority, 669 to 735. See ante, 923,
Preventive Measures.

by courts of law, ib..

by courts of equity, 695 to 734.

by injunction, ib. See Injunctions.

IX. Prevention of loss in other cases, 734, to 735.

Protests for better security, 735.

Proceedings against fugitive debtors, ib.

REMOVAL AND ABATEMENT. See Abatement, Nuisance.

1. Of private nuisances, 647 to 653.

1. To the person, 647.

of destroying a libellous picture, ib.

2. To personal property, 648 to 653.
3. To real property, ib.

2. Public Nuisances, 653 to 656.

RENT CHARGE, 226.

not within statute of limitations, 228, 756, 764, n. (t), 778.
cannot distraiu for, upon growing crops, &c. 227.

cannot distrain for, upon tenant in possession under a prior demise, 227, 1 Rol.
Ab. 669, pl. 45.

not an incident of tenure, and therefore if the same unexpectedly appear as an in-
cumbrance, purchaser is not bound to complete, Esdaile v. Stephenson, 1 Sim. &
Stu. 184. See difference, Quit Rent.

RENTS.

when recoverable by distress, 140, 141, 660 to 664. See Distress.

in general, 225, 660 to 664.

out of what issuing, 225.

several kinds of, 226 to 229.

remedies for double rent or value, 376, 377.

RENT, CORN, 223.

RENT, FEE-FARM, 224.

RENT, RACK, 228.

RENT SECK, 227.

RENT SERVICE, 226.

REPAIRING FENCES.

injuries for not, 382.

notice necessary before entry, 649, 650.

REPAIRS. See Landlord and Tenant.

ancient writs de domo reparanda, 819.
de reparatione facienda, 820.
de curia claudenda, ib.

REPETITION of precautionary measures suggested, 510.

REPLEVIN.

when it lies, 131.

joint tenants and tenants in common, 269, 271.

the entry of plaint in, may be compelled by mandamus, 804.

is the best specific remedy at law for recovery of personalty, 811, 812.
lies in all cases of illegal distresses or takings, ib.

semble, also for illegal detention, 811.

sheriff is bound to grant replevin of goods distrained for poor rate, ib.

action on case lies against him for refusing replevy, ib.

but not, if goods taken in execution, or under conviction, Rex v. Birchell, 8 Mod.
209; Burn's J. Distress under Warrant, 1021; Fenton v. Boyle, 2 New R.
399; Bac. Ab. Replevin, O; Com. Dig. Action, M.

lies if distress for rate be given to commissioners for rates, Attorney General v.
Brown, 1 Swanst. 301; Pritchard v. Stephens, Willes, 673, n. (1); Wilson v.
Weller, 1 Brod. & B. 57; Cortis v. East Kent Water Works, 7 Bar. & Cres. 338,
398; Sewers' Rate, semble, Pritchard v. Stephens, 6 T. R. 522; Papillon v.
Buckner, Hard. 478.

REPUTATION, 43. See Libels, Slander.

REQUEST. See Demand.

when necessary in general, 497, 649, 650.

form of, to take away goods bought, 496, n. (g).

RESCUE. See Resistance.

when or not lawful, 633 to 639.

RESIDUE OF ASSETS.

how to be disposed of, 554.

RESISTANCE, 586 to 669. See Defence.

of resistance of illegal imprisonment in general, 615, 616.

of resistance, escape, rescue, and prison breaking, when or not lawful, 633, 634.

depends on want of jurisdiction, or defect in proceeding, 633 to 637.

does not depend on existence of debt, or innocence of charge, 637.

homicide in resistance, when only manslaughter, 633, 634.

the imprudence of resistance, 638.

but detainer by a third person may be legal, ib.

RETAINER.

of an attorney, solicitor, proctor, or agent, 435.

RETAINING, REMEDY BY.

by executor and administrator, when, 534.
not by executor de son tort, ib.

for legacy no preference, 552.

of this mode of remedy in general, 667, 668.

RETAKING. See Recaption.

REVERSION. First part, Index, Reversion.

necessity for, to support distress for rent, 661, 3 B. & Adolp. 629.
REVERSIONER.

notice by, of his interest in goods seized by sheriff, when necessary, 568.
REVOCATION.

who such, under vagrant act, and may be apprehended, 621 to 623.

ROOKERY.

in general, 189.

not protected, 89, 189.

ROOKS, 89, 189.

person may legally shoot same on his own land, 611.

or so near a rookery as to disturb their building there, ib.

SACRILEGE.

defined, and punishment, 132.

SEAMEN. See Sailor.

SAILOR.

correction of, 73. See general rule, 1 Hagg. Rep. 272, 384, 395; 1 Cromp. & J. 291.
indictable misdemeanor to leave him abroad, 49, (c).

SALES. See Vendor and Purchaser, and id. Index to first part, 432.

when a fixed price is essential, 828 to 831.

prevented by injunction, 715.

when an order for sale of a perishable commodity may be obtained, 870, 871.

SEA BANKS AND WALLS, 199, 200.

when may be defended by groynes, &c. 610.

SEA MARKS, 200.

Making false lights or signals to bring ships into danger, how punished, 136.

SECRETS.

disclosure of, prevented by injunction, 714.

SECURITIES, 97.

bill and injunctions to deliver up, 706, 709, 710.

bills to compel execution and delivery of, 859, 710, 711.

for money, 97.

what passes under that name, and when not a mortgage in fee, 9 Bar. & Cres. 267.

SECURITIES OF PEACE. See Sureties of Peace.

mandamus will be issued to justices to compel them to take securities where party
resides at a distance, 804.

but it is said will not interfere with their local original jurisdiction, ib.