AN

INDEX

TO THE

PRINCIPAL MATTERS.

ABANDONMENT:

notice of, 906.

where ship is captured, and afterwards recaptured, aban-
donment made after recapture is rendered invalid,
though recapture was not known, 909.

and the same rule holds, if ship be recaptured before
action brought, though abandonment was made before
recapture, 1311.

lies not against infant, 4.

nor by executor against co-executor, ib.
plea in, 4.

evidence on ne unques receiver, ib.
judgment quod computet, form of, 5.
proceedings thereon, 6.

auditors, their power, 6.

bail, proceeding in default of bail, ib.
rules for pleading before auditors, ib.
final judgment, form of, 7.
ACKNOWLEDGMENT:

of debt; where sufficient to take case out of statute of
limitations, 132.

ACTION:

commencement of, on peual statutes, 600.
ACTION ON THE CASE:

where case or trespass is the proper remedy, 416 to 424.
what is the true criterion, ib.

where trespass or case is to be brought for irregular dis-
tress, 1224 n.

where trespass or case is to be brought for false imprison-
ment, 998 n.

ADJUSTMENT: 917.

ADMINISTRATION:

by whom to be granted, 725.

where void, ib. n.

where administration de bonis non is necessary, 732.

during minority of executor, 733.

during absence of executor beyond sea, ib.

pending litigation, 734.

evidence of, 705, 6.

ADMINISTRATOR:

interest of, in property of intestate, 728.

actions by, 744.

against, 749.

plea by, 753.

how he may lay demise, in ejectment, 682.

ADULTERY:

action for, 8.

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,

12, 25.

of circumstances operating in aggravation, 25.
when husband and wife live apart, whether action is
maintainable, 12.

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, not simony, 531 n.
AGENT:

where action must be brought against, and where against
principal, 86, 7. n.

obtaining money illegally, cannot discharge himself by
paying it over, 88 n.

principal is civilly responsible for acts of, 770.

authorized to act in usual way of business only, 764 n.
acceptance of bills by, 288.

see factor.

AGREEMENT:

nature of, 44.

parol, 45.

illegal, 59.

contrary to public policy, 62.

fraudulent, 65.

immoral, 67.

void by stat. of frauds, 784.

parol evidence cannot be given to support an action for
use and occupation, where there is an unstamped
agreement in writing, 1295.

ALIEN:

wife of, who has deserted the kingdom, may be charged
as a feme sole, 269.

enemy cannot sue on a policy of insurance, 887.

licence to, 449.

ALTERATION:

of bills of exchange, 300.

AMERCEMENT:

in court leet, debt lies for, 509.

what must be averred in the declaration, ib.

ANABAPTIST:

marriage of, 22 n.

ANCIENT DEMESNE:

must be pleaded within 4 days, 693.

Quæ. Whether it is necessary that it should be verified

by affidavit, ib.

how proved, 714.

APPOINTEE:

cannot be sued as assignee, 469.
APPRENTICE:

may plead infancy to covenant upon an indenture of ap-
prenticeship, 495.

of actions by masters for seducing and harbouring, 1038.
master entitled to wages earned by impressed appren-
tice, ib.

promissory note given as an apprentice fee, is void, for
want of consideration, if indentures are void, 370.
APPROVEMENT:

of commons, 409.

APPURTENANT:
common, 405.

ARREST:

what acts the officer may justify in making an arrest, 34.
may be made without touching the person, 35.
evidence of, in action against sheriff for escape, 597.
words merely will not make an arrest, 1132.

trespass for false imprisonment will lie for an unlawful

arrest,

as on mesne process not returned, 849.

or not being the person named in the writ, 850.
or if the arrest be made on a Sunday, 852.
or after return day of writ, 853.

original arrests only prohibited on a Sunday, 1133.
of bail on arrests on mesne process, 548.

in bankruptcy, 196.

loss by, in insurance, 898.

ASSAULT AND BATTERY:

what acts amount to an assault, 27.

ASSETS:

the remedy, 28.

battery defined, remedy, ib.

where it lies, ib.

see declaration-pleadings-costs.

of the replication of assets to a plea of riens per descent,

and by what proof it may be supported, 565.
admission of, what is, 741.

what is not, 743.

ASSIGNEE:

of reversion, 461.

assignee by parol, 464.

where the heir may be charged as, 465.

where liable, though not named, 466.
where, if named, 467.

appointee cannot be sued as assignee of person appoint-
ing, 469.

of parcel of estate liable on covenant to repair, ib.
liable to pay rent for a moiety though the other moiety
be evicted, ib.

not liable for breaches incurred before or after assign-
ment, ib., 470.

what will be a sufficient conveyance in order to exone-
rate, 470.

of term, by way of mortgage, liable to covenants in the
lease, 470, 1 n.

but devisee of equitable estate is not liable as, 472.

of the averment of entry and possession, 471.

the whole estate must be conveyed to make assignee
chargeable, ib.

and the estate conveyed must be the legal estate, 473.
under-lessee not liable as, ib.

but reserving the rent to the lessee will not exonerate as-
signee, ib.

how to declare against, ib.

actions by and against assignee of reversion are transi-
tory, 474.

as to assignees of bankrupt lessee, see tit. Bankrupt.
ASSIGNMENT:

to assignees of bankrupt, how proved, 252.

general assignment passes future acquired personal pro-
perty of bankrupt, 230.

of bond by chancellor, after fraudulent commission, 231.
where lessee may plead in bar to debt for rent, that he
has assigned over the premises, 580.

of the covenant not to assign without licence,

what is a breach, 450.

assignment by operation of law, no breach, 451.
discharged by leave once granted, 452.

for assignment of bail-bond, see tit. Bail.

ASSUMPSIT:

nature of action of, 44.

of the indebitatus assumpsit, 68.

will not lie on special agreement until terms are per-
formed, 70.

nor where remedy of higher nature, 427 n.

of the declaration, 99.

venue, ib.

as to the day, ib.