5. A freehold cannot be granted to com- 2. He that pays a modus decimandi, in mence in futuro.
6. Whether an use in abeyance shall transfer the remainder in abeyance. 3. Barnes' case. 74 7. The fine of tenant in tail doth not put 4. the state tail in abeyance, but there re- mains still a right in the feoffor, which he may bar. 335, 336, &c.
2. If the collector of a parish accept a sum of money from them who have a chapel of ease, as a benevolence, not a duty, yet the parish may claim their right still.
money and venison, for a park, if all the deer die, is not bound to replenish it. 40 Lessee is not bound to repair a house fallen by tempest. Ibid.
If the debtor die in execution, the cred- itor can have no execution. 52, usque 62
ACT OF THE PARTY.
In misawarding the certiorari shall not prejudice the party, to make it a failer of record in him.
ACTION, AND ACTION UPON THE CASE.
3. Where notwithstanding the acceptance of a new bond in satisfaction of the former, yet the old bond may be sued. 68, 69 4. The acceptance of a rent, unless it be in full satisfaction, cannot amount to a composition, &c. 178, 179 1. Personal, once suspended, is extinct. 20 5. A bailiff cannot accept rents to bind 2. Action upon the case will lie for vexa- his master upon change of the tenants. tion, by suing double execution, if the 154 party knew the first execution was 6. If tenant in tail, the reversion in the served. 205, 206, 266. crown, make a lease not warranted by Action upon the case may declare of the statute, and the issue accept the several wrongs, as words spoken and rent, and is attainted of treason, this indictment exhibited. lease binds not the king; secus, if the reversion had been in a common person. 324
1. Lies against one as his receiver, by the hands of A. though the delivery were from B. by the appointment of A. to the use of the plaintiff. 36
2. If money be delivered from A. to B. to deliver Č., B. is subject to two actions of account, conditionally. Ibid. 3. If an infant deliver money with his own hand, it is but voidable by account. 77 4. When an action of account and debt
may both lie in the same case. 206 5. When the action of account is necessa-
4. Action upon the case may be brought for grinding at other mills, contrary to the custom, et e converso by the tenants or inhabitants, for not repairing the mill at which they ought to grind. 6, 189 5. Action upon the case for words, by an attorney, must show a precedent com- munication of him as attorney.
6. Action upon the case against a common carrier for goods lost. 17, 18 7. Action upon the case may be brought for a deceitful practice, or collusion. 23, 267 When a new action is given by statute, an inferior court shall not hold plea of it; otherwise it is when an old action is given in a new case. 48 9. He that hath cause of action vested in him, against an executor of his own wrong, shall not lose it afterward by granting of the administration to anoth- 49 10. Where the action shall be esteemed as confessed, notwithstanding a verdict. 56
11. Action upon the case lies against a mayor and commonalty, for a false certificate of the custom of London; not against the recorder. 87 12. Where the action may be trespass vi et armis, or trespass on the case, indifferently. 180 13. Where the action may be general, and used either way by the plaintiff.
Ibid. 14. Where the several respect of actions are not to be confounded, and why. 173 15. Action of the case will lie for excessive laboring a horse lent.
187, see Assumpsit 15 16. Action upon the case will lie for a deceit, in levying a fine of lands in ancient demesne. 188 17. Action upon the case will lie for cutting a milldam. 193 18. Will lie against a tradesman, for performing his work falsely or insufficiently.
'He hath forged this warrant' innuendo the sheriff's warrant.
Thou hast poisoned Smith' (for it might be unwillingly) quendam Sam. Smith adtunc defunct. innuendo. 6, 268 3. He shewed me a bill of 46 pounds unsealed' (innuendo the said bill) “and after shewed it me sealed, and he hath forged the said seal to the said writing." 45, 268 4. Thou sellest corn by false measure," spoken of one that is no common ridder nor badger, nor yet alleged to be spoken of him, whilst he was baily, nor of his master's corn, nor to his master's damage.
76 5. Thou art a thief, and hast stolen a tree.' 77 6. Thou art a common maintainer of suits, and I will have thee thrown over the bar,' spoken of an attorney.
19. Will lie against a sheriff, for a false return, and where. 20. The action shall be laid where the cause of action appeareth to arise.
187, 188 21. Where the plaintiff hath choice to lay his action in divers places, see Election.
15, 19, 23, 24. See Admiralty. 10 22. Where a confession of the action, after issue joined, shall be refused, and where not.
23. The action may not be brought before cause of action given. 199, 217 24. Where the action is falsified of the plaintiff's own showing, judgment shall be arrested.
Thou art a bankrupt,' spoken of one who is no merchant.
126 Thou art a common barrator,' spoken of a carrier. 140 9. He is in a gaol for stealing a mare.' 177 10. For Welsh words, which upon examination of witnesses appear to be of dubious sense, and to signify more properly bearing away, than stealing. 11. 'I arrest you for felony.' 12. He was indicted for felony,' without averring that he was not indicted; tamen quare, for the words themselves.
Ibid. 13. Thou art a filching fellow, and didst filch from I. D. one hundred pounds." 249
14. 'I charge him with felony for taking money out of the pocket of H. Stacy.'
25. Action upon the case will lie against a holster for goods embezzelled, without declaring de communi hospitio. Ibid. 15. I have matter enough against him, 26. Where an action upon the case will for Mr Hartly hath found forgery lie for a suit in a proper court, and against him, and can prove it,' though where not. 266, 267 spoken of an attorney. 305, 327 27. Action upon the case will lie for pro- 16. Thou art a thief and hast stolen my secuting a suit in an improper court. furze.' 331
WHERE IT WILL LIE.
17. By an attorney, for speaking of him to a third person, Your attorney is a bribing knave, and hath taken twenty pounds of you to cozen me.' 9, 268 18. For calling a man thief after a general and special pardon. 67, 81, 82 19. For calling a man felon or thief, at this day, after clergy. 294 20. For words that are slanderous, to one or more, though he or they be not named, but signified.
89 21. By an attorney, for saying, 'Thou art a
champertor, 117. though it be a word of art, it shall be presumed to be under- stood; because English.
117 22 Thou art main-sworn,' which in the North is 'perjured,' without averring the sense, or that it was spoken in their presence, who understood it; because it is in English. 23. For calling one idoner in Welsh, which is perjured, without averring the sense; but it must be averred to be spok- en in their presence who understood Welsh. 126, 191 24. Thou art a healer of felons,' which in the West is smotherer, or coverer of felons, without averment of the sense, or presence of those who understood it, because it is English. 126 25. The devil appears to thee every night, in the likeness of a black man, upon a black horse, and thou conferrest with him, and whatsoever thou askest of him, he gives it thee, and that is the reason thou hast so much money.' 26. Thou art a common barrator,' spoken of a justice of peace, attorney, or public officer.
140 27. Thou hast stolen my corn out of my barn,' and yet it may be but petit larce- 184
28. If Sir I. S. might have his will, he would kill all the subjects in England, and the king too, and he is a maintain- er of papestry and rebellious persons;' Or for the same words, though proved to be spoken with this addition, 'I think in my conscience that Sir I. S.' &c. 180, 181 29. Thou didst steal a sack,' spoken posi- tively, though by way of accusation be- fore a justice. 192
30. He hath caught the French pox, and carried it home to his wife.' 219 31. Mr Deceiver hath cozened the king,' spoken of Mr Receiver, with an innu- endo. 267, 268 32. He hath foresworn himself before the council of the marches in Wales, and I will sue him for perjury there.' 283 ACTION DE SCANDALIS MAGNA- TUM.
1. Will not lie for bringing a writ of for- gery against a peer, though he be not found guilty.
266 ACTION OF THE CASE UPON AN ASSUMPSIT.
9. Upon an assumpsit in consideration of a promise, without averment of the per- formance. 88, 106 10. Upon an insimul computaverunt, with- out shewing for what the monies ac- counted for, were due.
88 11. Upon an assumpsit to pay fifty-two pounds in consideration of so many oats sold, as should amount to the sum of six shillings nine pence the quarter, though ninety-six quarters, six bushels, came to three farthings more. - Ibid. 12. Upon an assumpsit to pay for dying of sixty kerseys, though the declaration mis-sum them at fiftynine, if it appear they were sixty.
13. Upon an assumpsit to pay one hun- dred pounds in consideration that the plaintiff endeavoured to obtain the king's pardon to the defendant for felo-
17. Upon a general indebitatus, without shewing how, because it may be for rents, or on specialties. 5 18. Upon an assumpsit to pay as much for one load of wood delivered, as the ven- dor should receive on the sale of anoth- er, without notice given of the sale and price. 51 19. Upon an assumpsit to deliver a horse, after sufficient surety given to pay elev- en pounds, without tendering the obliga- tion sealed, setting forth the sum of it, and the sureties' names in certain. 69, 70, 77 20. One assumpsit will not lie for two as- sumpsits, made by the defendant in sev- eral rights.
21. Upon an assumpsit in consideration of a promise, unless they were both made at one instant, for else they are but nuda pacta. Ibid. 11. 22. Upon an assumpsit in consideration of a voluntary courtesy. 23. Upon an assumpsit for some kind of executory considerations, without the averring the performance. Ibid. 24. Against an executor, upon a promise of the testator, to do a collateral act, as to build a house, &c. 25. Upon an assumpsit, in consideration
ADMIRALTY. See Prohibition.
of forbearance of suit, without showing 1. Cannot hold plea of things done upon how long the forbearance should be.
Though the libel say infra jurisdictio- nem maritimam. 80, 213 Nor of obligations made at sea, be- cause they bind, according to the com- mon law. 11 4. Nor of obligations or promises made at sea for debt due at land, for it is not a marine cause. 12
5. Nor of things done in any port or ha-
79, 212 6. Nor of an agreement made at sea, and put in writing sealed at land; otherwise of a bare putting in writing. 79, 212 7. Nor of the property of an alien's goods, though pretended by an ambassador to be confiscated to his master, a foreign prince. Ibid.
8. The clause of the statute primus pontes is only for death and mailem. 79, 213 9. An action upon the statute will lie for a suit in the admiralty not proper for the jurisdiction.
196 10. If the admiral sit in Middlesex, and summon in Essex, the action upon the statute may be brought in either county.
9. The next avoidance is a chattel, lo- cally, where the advowson is, not where 1. The pain of allegiance cannot be im-
posed but in case of allegiance. 272
304 1. Is not procurator for private causes. 304
12. The essoin is de placito terræ. 13. If a man seised of a manor with the advowson, grant the three next avoid- ances to one or more persons, one usur-
pation by the grantor puts them all out of possession. 322, 323 14. How an usurpation upon the lessee works upon the reversioner, being heir or purchaser. 338 usque 342
AGENT AND PATIENT. See Election, 7, 8, 9.
1. Where a mittimus directed to the bish- op of Durham, commanding him to send a record to the justices of the county palatine to be tried there, is well enough, and may be executed by the bishop, though he himself be one of the jus- tices. 138, 139
AGREEMENT OR DISAGREEMENT.
1. Ceaseth by being put in writing under
The imparlance roll amended by the plea roll, because the instructions to the clerk were right. Ibid. 3. A count upon a fine of land mistaken was denied to be amended, because pleaded without a serjeant's hand. 249 4. The original writ of ejectment was amended after verdict, and devisit made demisit.
5. The imparlance roll denied to be amend- ed, according to the original writ. 250 6. If judgment given before the justices of assize, in a qu. impedit, may be amend- ed in the common pleas. 3:27 7. Where the writ and pannel agreeing, were yet both of them amended and altered, upon force of affidavits. 328 8. Where after a verdict the true name of a juror in a habeas corpus shall be
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