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INKEEPER,

when liable to an action for goods lost, 245 b.

INNUENDO. (See Pleas and Pleadings.)

INTEREST,

ISSUE,

how computed, when partial payments have been made, 69 i.

immaterial, what shall be, 56 a.

when repleader shall be awarded on, 56 b.
judgment on, non obstante veredicto, 56 a.

informal, what shall be, 56 c.

bad on special demurrer, 56 c.

aided after verdict, 56 c.

mixed, may be tried by jury, 244 a.

of non tenure, is supported by proof of fraud, 72 c.

on plea of tender, found for defendant, is a perpetual bar, 199.
no assets, found for defendant, is a perpetual bar, 199.
verdict must be coextensive with, 54 a.

under what, estoppel may be given in evidence, 207.
fraudulent conveyance may be proved, 72 c.
eviction may be proved, 190 a.

JOINDER OF COUNTS.

what counts may be joined, 88 a. 184. 249 a.
consequence of misjoinder, 88 a.

JOINDER OF PARTIES.

in what cases two may join in an action of slander, 89 a.
tenants in common must join, 120 a.

jointenants must join, 120 a.

tenants in common cannot join in real actions, 120 a.
in tort, all the tort-feasors need not be joined, 199 a.

JUDGMENT,

when it may be reversed in part and affirmed in part, 6 c. d.
entire, on several counts, cannot be affirmed in part, 6 d.
when entered against executors, de bonis testatoris, 283 a.
when rendered non obstante veredicto, 56 a. 69 k.
must be rendered on view of the whole record, 56 a.
quod partes replacitent, when to be rendered, 56 b.

when it may be arrested, 56 c. 88 a. 245 a.

when it will be reversed on error, 56 c.

is but a security for the debt, 69 a.

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is not extinguished by bond and warrant of attorney and judg-
ment thereon, 69.

how discharged, 60 a. b.

on covenant for rent, is not extinguishment of rent, 69 a.

JUDGMENT (continued.)

when it may be entered after the death of the party, 129 b.
foreign, its effect, 69 a.

JUNIOR

is not a necessary addition, and is no part of a name,

JUROR.

331.

a stranger may labour a juror to appear, but a party may not, 294 a.

LANDLORD AND TENANT. (See Rent, Lease.),

LEASE. (See Baron and Feme, Rent.)

by ecclesiastical persons, 7 b.

actions on implied covenants in, how brought, 12 a.

agreements for, sometimes construed as leases de præsenti, 35 b.
assignees of, how and where to sue and be sued, 37 a.

rent paid on, how applied, 69 g.

how pleaded, 73 b.

conditions to be void on nonpayment of rent, cannot be avoided
without demand, 331 b.

LIBEL. (See Words.)

what publication of, will support an indictment, 62 b. 215. 120 a.
a civil action, 62 b. 215. 120 a.

LIMITATIONS,

when statute of begins to run, 140 a.

how the time of is to be computed, 140 a.

LUNATIC

may sue and be sued in his own name, and appear by attorney, 216.

MAINTENANCE. (See Champerty.)

MALICIOUS PROSECUTION,

in what cases an action will lie for, 267.

MAXIMS.

de minimis non curat lex, when applicable, 88.
in fictione juris semper æquitas existit, 98 b.

MINISTERS

of churches, are sole corporations, 7 b.

their rights and powers, 7 b.

how they may convey parsonage lands, &c., 7 b.

MISNOMER. (See Pleas, &c.)

MONTH. (See Time.)

MORTGAGE,

payment on account of, how applied, 69 h.

of ship &c., when void, 14 a.

NEW ASSIGNMENT. (See Pleas, &c.)

NOLLE PROSEQUI,

when it may be entered against one of several defendants, 70 a.

b. 180 a.

when it will be a bar to a future action, 70 a.

may be entered after interlocutory judgment, 70 a.

NOTICE,

of prior deed, by subsequent purchaser, its effect, 136 b.
attaching creditors, 136, c.

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of one tenant in common, &c., by cotenant, what shall be, 120 a.

OYER. (See Pleas, &c.)

of writ, cannot be granted, 38 a.

when to be prayed, 81 a.

cannot be prayed unless profert be made, 81 a.

PARISHES.

their rights to parsonage land, 7 b.

cannot convey parsonage to their minister, 7 b.

may consent to conveyance by their minister, 7 b.

what conveyances shall be for the use of a parish, 7 b.

PARTIES. (See Joinder of Parties, &c.)

PARTNERS.

when a release to one discharges all, 66.

remedy against, by a surety, 69 b.

secret, may avail themselves of payments by notes of others, 69 e.
surviving, application of payments by, 69 g.

simple contract debt of, is extinguished by specialty of one, 69 a.

by note of one partner, 69 c.

in one firm, cannot sue another, composed, in part, of the same
persons, 69 h.

PAYMENT. (See Extinguishment, Bond, &c.)

what shall be, 68 b. et seq.

of precedent debt by bill of exchange, &c. 69 b. c.
by specialty, 69 c.

by new security with surety, 69.

presumption of, by receiving note, &c. 69 c.

of exact sum, how far necessary, 88.

of judgment, by one joint debtor, discharges execution, 269.
application of, by the debtor, 69 d.

by the creditor, 69 e. f. g. h.
by law, 69 h. et seq.

by the civil law, 69 e.

made on account of rent, 69 g.

to equitable claims, 69 h.

to illegal demands, 69 h.

to keep down interest, 69 i.
made by public officer, 69 i.

PENAL ACTION. (See Action.)

PERFORMANCE. (See Pleas, &c.)

PLEAS AND PLEADINGS.

DECLARATION.

venue in, when local and when transitory, 37 a. 209 a.
wrong, how aided, 5 c.

in slander, the office and necessity of innuendo, 3 &c.
in slander, innuendo refers to antecedent matter, 3 a.
cannot introduce new matter, 3 a. 45 a.

change the sense of precedent words, 3 a. 6 a.
be subject of proof by witnesses, 3 a.

is unnecessary where words are plain, 3 a. 6 a.
when rejected as surplusage, 3 a.

introduction and colloquium, what, and when necessary,
3 a. 6 c.

in what cases two or more may join in, 89 a.

for uttering English words, need not aver they were under-
stood, 126 a.

general count,when good, 181.

in covenant broken, how breaches are assigned, 4 g. h.

profert, when necessary, 38 a. 81 a. 272 a.

omission of, aided, except on special demurrer, 38 a.

form of, in actions by and against administrator dur. min. 251 a.
in debt for use and occupation, 82 b.

what counts may be joined, 88 a. 184. 249 a.

not vitiated by missumming several particulars, 89 b.

on custom to have suit at a mill, 189 a.

averment of notice, when necessary, 51 a. 68 a.

PLEAS AND PLEADINGS.

DECLARATION—(Continued.)

averment of notice, omission of, when fatal, and when aided, 51 a.
of demand, when necessary, 82 b. 331 b. c.

immaterial, what is, 73 a. b. 88 c.

need not be proved, 73 b.

when rejected as surplusage, 284, 198.
what may be considered as surplusage, 198.
surplusage in, does not vitiate, 198.

what may be considered as descriptio persona, 208 a.

of performance, unnecessary in declaration on mutual
promises, 88 b.

in penal actions, what defects are amendable, &c. 328.

bad title in, is fatal, 56 c. 128 a. 198.

good title defectively set forth, how aided, 56 c.

statement of records and written documents in, 55 b. 73 a.
on written instruments, when exact recital is necessary, 73 c.
when the legal effect is to be stated, 73 c.

joinder of counts and parties, 88 a. 89 a. 120 a. 199 a. 184 a. 249 a.
PLEA IN ABATEMENT.

what matter may be pleaded in abatement, 38 a. 5 c.

when one defendant may plead in abatement and another in bar, 245.
when the whole writ shall abate, and when not, 274 a.

PLEA IN BAR.

non feoffavit, when good, 4 b.

by executor de son tort, 49 b. c.

to writ of scire facias, 49 c. 60 a. b. 283 a.

by common carrier, 18 a.

by executors, of retainer, 127.

plene administravit, 49 c. 127.

not guilty by baron and feme, 126 a.

special, amounting to general issue, how aided, 127 a.
local justification in trespass de bonis asportatis, 176 a.
special, in trover, what and when allowed, 187 a.

of eviction, in bar of rent, 8 a. 190 a.

of nul tiel record, when bad, 56 b. 209 a.

what may be, to debt on judgment, 60 a. b.

of prescription, is proved by evidence of more ample right, 64 b.
tender, found for defendant, is a final bar, 199.

no assets, found for defendant, is a final bar, 199.

of performance, in covenant broken, when and how made, 81 a.

of tender and uncore prist, 199.

of estoppel, when necessary, 207.

of nul tiel record, to debt against sheriff, for escape on execution,

209 a.

in slander, the truth of words must be pleaded, 219 a.

joint or several, 70 a. 245.

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