LOTTERY TICKETS, insurance of, ii. 1073 M MANDAMUS to a visitor refusing to hear an appeal, 90, n. (h) to admit a lecturer, ibid. to admit a freeman of the city of London, 372 to summon jurors upon a court-leet, 452 to affix the seal of the University of Cambridge, 547 to licence a meeting-house, 606 to grant administration, 640 to make a poor's rate, 667 to permit a court-leet and court-baron to be held, ii. 716 to commissioners to execute their powers, ii. 708 does not go to the Inns of Court, 90, n. (h) to restore and admit, distinction between, 26, n. (0) lis pendens, 430, 668 non fuit electus, 431 subsisting mayor de facto must be a party to, 445 MARKET, trespass for setting tables in, ii. 1116 MARRIAGE, when void, 192 per verba de præsenti, ibid. n. (u) consent necessary, ibid. false representation upon treaty for, 364, n. (h) How proved in cases of parish settlements, 367 in cases of crim. con., or bigamy, 632 MASTER OF A SHIP may bind the owners by his contract, 568, n. (n) MEETING HOUSE, mandamus to licence, 606 MERCHANTS, opinion and custom of, 299, 300, 417 MESSUAGE, what passes by the word, in a will, ii. 726 can only be taken advantage of on plea in abatement, ii. 1120 nine over-ruled without directing issues, 420 Court of equity can decide on rankness of a modus without rankness of, a question of fact and not of law, ibid. MONEY HAD AND RECEIVED, stock cannot be recovered in action for, ii. 684 country bank notes may, ibid. n. (ƒ) action of, to recover premium of insuring lottery tickets, ii. MONEY PAID INTO COURT, in action of covenant, ii. 837 in debt for penalties on the game laws, ii. 1052 when lunar and when calendar, 450, n. (a) redemption of, under 7 G. 2, c. 20, ii. 726 MORTGAGEE, infant, 575 power of, under 7 Ann. c. 19, ibid. when ejectment by, stayed on payment of money due, ii. 726 MORTMAIN, statutes of, 90; ii. 1182 MURDER, where the stroke is given upon the high seas, 459 MUTINY ACT, 29 N. NE EXEAS REGNO, writ of, 287, n. (w) NEGATIVE, when to be proved, 230 NEW ASSIGNMENT, in trespass quare clausum fregit, ii. 1090 nature of, 1170, n. (n) NEW TRIAL, advantage of, 464 general reasons for, ii. 987 NEW TRIAL-continued. surprise, when ground for, 298 when not, ii. 802 dissimilar verdict in similar action, ibid. granted upon discovering new evidence by the attorney, after a mistake or omission by counsel or attorney, ii. 956, n. (1) after two concurring verdicts, ii. 963, n. (a) where jury gave their verdict reluctantly, ii. 983 have cast lots, ii. 1299, & n. (c) in a penal action, ii. 1226, & n. (g) not granted where justice is evidently with the plaintiff, where no new light can be thrown in, 418 after a nonsuit, 532, n. (k); ii. 698 though verdict against evidence, ii. 851 where bill of exceptions tendered, ii. 929 for excessive damages, ii. 929, 942 unless outrageously disproportionate, ii. 1327 where granted without payment of costs, 298 where plaintiff has refused to be nonsuited, 670 where nonsuited in compliance with Judge's direction, in ejectment, 348 in a writ of right, ii. 941 after a trial at bar, ii. 942, n. (f) NOLI PROSEQUI of indictment against an ambassador, 545 NONSUIT, new trial after, 532, n. (k); ii. 698 on plaintiff's failing to give material evidence, where venue judgment as in case of, in a writ of right, ii. 1093 Term's notice of moving for, ii. 1223 action on judgment of, special bail, ii. 1274 NOTICE of declaration— where no special bail, and a common appearance, ii. 1061 of moving for judgment as in case of nonsuit, ii. 1223 where a party is bankrupt or insolvent, ii. 748, n. (a) NOTICE TO QUIT, by the tenant, under 11 G. 2, c. 19,-533 year to year, NOTICE TO QUIT-continued. must expire at the time of entering upon the substantial should be half a year's notice in yearly tenancies, ii. 1225, may be otherwise by express agreement, ibid. always has reference to the letting, ibid. OCCUPANT, 0. special, of copyhold pur autre vie, ii. 1148 OFFICER, executing search-warrant, when justified by the result, OFFICER IN THE ARMY, half-pay of, not assignable, ii. 1137, 1140, n. (e) ONUS PROBANDI, of compliance with corporation acts, 229 of defendant's exemption or qualification, 230, n. (i) OVERSEERS, accounts of, 395 cannot be appointed for extra-parochial place, 419 who may be, ibid. & n. (d) appointment of, by mayor of a corporation, 649 not quashed after year expired, ibid. upon a Sunday, 651, n. (t) after one by other justices, ibid. when voidable, must be avoided by person outlawed, 20 only where suit commenced by original, ii. 925, n. (d) OYER, void condition of a bond taken advantage of upon, ii. 1108 P. PAPISTS, purchases by, 151, n. (p) in Ireland, hold land in gavelkind, 675 discovery of trusts of an advowson, ii. 881 PARDON, 32, 103, n. (t) effect of, and how pleaded, 479; ii. 797 PARISH APPRENTICE may cancel indenture without consent of parish, 592 when arrested, how discharged, ii. 788 PARTIALITY, when ground for removing trial of an information, 378 proceedings in writ of, under 8 & 9 W. 3, ii. 1134, 1159 PARTNER, action against one of several, ii. 695, 947 bond to secure service of a clerk to a sole trader, who af- what acts considered a continuance of a partnership, ii. PARTY-WALL, trespass for building, ii. 959 PAUPERIS FORMA, defendant, removing indictment, cannot defend in, 230 PAYMENT OF DEBTS, where it gives a fee, ii. 1215 of bond, when presumed, 532, n. (7) power of Quarter Sessions in eases of, 369, n. (r) PERPETUITY of estate tail granted by the King, 660, n. (ƒ) PILOT, PLEA, who may be, ii. 690 of attainder, no bar to civil action, 31 to the merits, statute of limitations, bankruptcy, and in- of an account stated, no bar to an action, 65 of solvit ante diem, 210 of judgment recovered, when not issuable, 376 of set-off, 389, n. (d), 394; ii. 910 puis darrein continuance, 389, n. (d) of bankruptcy, ibid. of liberum tenementum in trespass, ii. 1090 of nul tiel record, does not require counsel's signature, ii. 816 |