did not amount to an acceptance by the latter, so as to take the case out of the 17th section of the statute of frauds. Game, p. 865.-In an action against a gamekeeper for a penalty for using a gun to kill game without being qualified, evidence of the real title to the manor is admissible', for the purpose of negativing the existence of a colourable title in the person under whom the defendant claims to act. Entries in the books of the clerk of the ' peace of deputations formerly granted to game-keepers by the real owner of the manor, are also evidence to shew that manorial rights were publicly exercised by him, and that the person whose title was set up by defendant, knew that he had not any title. Imprisonment, p. 882, n.-A constable acting under a warrant commanding him to take the goods of A., takes the goods of B., believing them to belong to A.: it was holden", that he was entitled to the protection of the stat. 24 G. 2. c. 44. s. 8., and that an action against him must be brought within six calendar months. Innkeeper, p. 1322,-An innkeeper shall be charged, if there be a default in him or his servants, in the well and safe keeping of his guest's goods and chattels within his common inn; for the innkeeper is bound in law to keep them safe without any stealing; and it is not any excuse for him to say that he delivered to the guest the key of the chamber in which he is lodged, and that he left the chamber door open. And although the guest doth not deliver his goods to the innkeeper to keep, nor acquaints him with them, yet if they be carried away or stolen, the innkeeper shall be charged; and so, though they who stole the goods be unknown. But if the guest's servants, or he who comes with him, or he whom he desires to be lodged with him, steals or carries away his goods, the innkeeper shall not be charged; for here the fault is in the guest to have such companions or servants. Calye's case, 8 Rep. 33 a. So an innkeeper is not answerable for the goods of his guest which are lost through the negligence of the guest out of a private room in the inn, chosen by the guest for the purpose of exhibiting to his customers his goods for sale, the use of which was granted by the innkeeper, who at the same time told the guest that there was a key and that he might lock the door, which he neglected to do. Burgess v. Clements, B. R. Trin. 55 Geo. 3. B. Ř. 4 Maule and Selwyn, 306. Quo Warranto, p. 1120.-An entry in the public books of a corporation, is not evidence for them", unless it be an entry of a public nature. 1 Hunt v. Andrews, 3 B. & A. 341. m Parton v. Williams & others, 3 B. & A. 330. n Marriage v. Lawrence, 3 B, & A.142. AN INDEX TO THE PRINCIPAL MATTERS. ABANDONMENT: where ship is captured, and afterwards recaptured, aban- and the same rule holds, if ship be recaptured before ABATEMENT: of nusance by commoner, 425. plea in, J nor by executor against co-executor, ib. evidence on ne unques receiver, ib. auditors, their power, 6. bail, proceeding in default of bail, ib. ACCOUNT STATED: evidence of, 70 n. (21.) of debt; where sufficient to take case out of statute of ACTION: commencement of, on penal statutes, 621. where case or trespass is the proper remedy, 432 to 440, what is the true criterion, 432. where trespass or case is to be brought for irregular dis- where trespass or case is to be brought for false imprison- ADJUSTMENT: 945. ADMINISTRATION: by whom to be granted, 747. where void, ib. n. where administration de bonis non is necessary, 754. during minority of executor, 755. during absence of executor beyond sea, ib. pending litigation, 756. evidence of, 727. ADMINISTRATOR: interest of, in property of intestate, 750. actions by, 766. against, 771. plea by, 775. how he may lay demise, in ejectment, 703. ADMISSION : of assets, 763. ADULTERY: action for, s. form of action, 9. what will bar the action, 11 n. correct statement of Cibber v. Sloper, 10 n. (4). what circumstances will go in mitigation of damages, of circumstances operating in aggravation, 25. when husband and wife live apart, whether action is how statute of limitations is to be pleaded, 14. actual marriage must be proved, 15. new trial, in what cases granted, 26. ADVOWSON: in fee, purchase of, when not simony, 549 n. where action must be brought against, and where against obtaining money illegally, cannot discharge himself by principal is civilly responsible for acts of, 792. authorized to act in usual way of business only, 786 n. see Factor. AGREEMENT: nature of, 44. parol, 45. illegal, 59; printed, by mistake, 56. contrary to public policy, 62. immoral, 68. void by stat. of frauds, 806. parol evidence cannot be given to support an action or ALIEN: wife of, who has deserted the kingdom, may be charged enemy cannot sue on a policy of insurance, 953. of bills of exchange, 312, AMERCEMENT: in court leet, debt lies for, 527. what must be averred in the declaration, ib. ANABAPTIST: marriage of, 22 n. |