ASSUMPSIT-(continued.)

Pleas in bar, in

release, 487.

set-off, pleas and notices of (see title "Set-off") 488 to 496.
court of conscience act, 496.

statute of limitation, 497, 8.

executors, pleas by and against (see title "Executors,") 489 to 506.
Replications in,

in general,

commencements, 641, 2.

conclusions, 642, 5.

to infancy, denial of generally, 643.

[643.

that the meat, &c. were necessaries, and nolle prosequi to residue,
to infancy, ratification after defendant came of age, 644.

to insolvent act, admitting plea, 6-45.

to tender, denial of tender and of set-off, 645.

⚫ a writ issued before the tender, 646.

a writ with several continuances, 647.

a prior demand, 649.

a subsequent demand, 650.

admission of tender and similiter to general issue, 650.
to accord and satisfaction, denial of delivery of bond, &c. 650.
to arbitrament, denial of the award, 651.

to judgment recovered in same court, nul tiel record, 651.

in another court, nul tiel record, 652.

to release, non est factum, 652,

obtained by fraud, 652.

to set-off nil debet, 652.

on a recognizance, &c. nul tiel record and nil debet, 658.
statute of limitations, 653.

to court of conscience act, defendant indebted in more than 40s. 654.
to statute limitations, that defendant did undertake, &c. 654.

that cause of action did accrue, &c. 654.

a writ sued out in time, 655.

a writ with continuances, 655, n. d.

that plaintiff was beyond sea, &c. 655.

that defendant was beyond sea, &c. 656..

other replications, 656.

to pleas by and against executors (see title "Executors,") 657 to 665.
New assignments in, 700.

Rejoinders to pleas of

infancy, that the goods were not necessaries, 706, 7.
that defendant did not ratify the promises, 707.

tender

[707.

[day, 708.

to latitat, that when it was issued plaintiff had no cause of action,
to a latitat, shewing time when it was issued, 708.

to process out of the Exchequer, and tender at a prior hour of the
denial of prior demand, 709.

denial of subsequent demand, 709, 10.

release, that the release was obtained fairly, 710.

shewing actual time of issuing the writ, 710.

[710.

limitations, that the cause of action did not accrue within six years,

traverse of the intent of issuing the writ, 710, 711.

suit not commenced within six years of defendant's return, 711.

ASSUMPSIT-(continued.)
Rejoinders to pleas of

executors

no assets come to hand since exhibiting bill, 711.
judgments against defendant fairly obtained, 711, 2.
Demurrers in (see title Demurrer.")

ATTORNEY. (See titles "Agent," "Abatement," and "Privilege.")
declaration by an attorney in K. B. 29.

bill against do. 29.

do. where cause of action accrues in vacation, 29.

by an attorney of C. P. 30.

bill against do. 30.

declaration thereon, 30.

[&c. 63.

assumpsit by for fees, &c. for every description of business and journeys,

by an agent against another attorney, 66.

against an attorney for negligence, &c. 134.

pleas by in abatement (see title "Abatement,”) 458 to 464.

form of in a quantum meruit or valebant count, 36 and 185.
of policy of insurance being effected by plaintiff as agent, 111.
of facts occurring after agreement and promise, 115.

of plaintiff's having stayed proceedings in an action, 121, 123.
of expiration of reasonable time, 130.

of performance of condition precedent, 247.

AVOWRIES.-(See title "Replevin.")

usual commencement and conclusion of, 556,7.
for rents, 560 to 563.

for poor rate, 563.

for a distress damage-feasant, 564 to 567.
for a return, 558, 9.

AUCTIONEER.-(See titles "Agent" and "Attorney.")

AUTER ACTION PENDANT,

plea of in abatement, 466, 7.

in bar in a penal action, 537.

AWARDS AND ARBITRATION,

statement of making of, after time enlarged, 485, 6.
declarations on

indebitatus assumpsit on, 82.

do. on an umpirage, 83.

in assumpsit, 119.

in debt, 188.

pleas in debt on

no award made, 524.

stating award and pltff's non-performance of condition precedent, 524.

other pleas, 525.

replications stating award and breaches, 668.

rejoinder no such award, 712..

BAIL BOND,

declarations on and relating to

debt by assignee of sheriff when first suit was by bill, 210.
the like where proceedings in first action were by original, 214.
the like in C. P. against principal or bail, 215.

the like in Exchequer, 216.

case for not assigning of, 360.

pleas in debt upon

no process against principal, 525, 6.

ease and favour, 526.

*comperuit ad diem, 527.

other pleas, 527.

replication, denying the ease and favour, &c. 669.

BAIL, PLEADING BY AND AGAINST.-(See title " Recognizances.")
BAILEES,

assumpsit against, 142 to 162.

1. depositum; for not taking care of goods, 142, 3.

2. mandatum; for not performing some act, 142, &c.

[143.

3. commodatum; against bailee having care of goods, &c. lent to him,

4. pignori; against a pawnbroker for losing a pledge, 144.

5. locatio, or bailee for reward.

1. locatio rei,

against hirer of a horse for immoderate riding, &c. 145.
against the hirer of household furniture, 148.

2. locatio operis faciendi,

against watchmaker for loss of watch delivered him to repair, 149.
against a wharfinger for loss of goods, &c. 150.

against a farrier for badly shoeing plaintiff's horse, 154.

3. locatio operis mercium vehendarum,

against a carrier by land for loss of goods, &c. 155.

against a coach owner for not carrying plaintiff, 157.

1

against captain of a ship on bill of lading for loss of goods, 159.

against an agent for not accounting, &c. 161.

case against in general, 319 to 324.

BAILIFF. (See titles " Servant" and " Cognizance.")

traverse of defendant's being bailiff, 680.

BANK NOTES,

trover for, 370, 1.

BANKRUPTCY.-(See title "Assignees.")

plea of defendant's bankruptcy generally in assumpsit, 474.
the like where defendant obtained his certificate after action brought, 475.
proceedings on stated, 475 to 479.

plea of plaintiff's bankruptcy in debt, 518.

BARGAIN AND SALE ENROLLED.
pleaded, 267.

BARON AND FEME.-(See title "Husband and Wife.")

BASTARDY BONDS,

declarations on, 198.

plea in action on, non damnificatus, 528..

replication, 669.

rejoinder, 712.

BATTERY AND ASSAULT,

declarations for (see title “Trespass,” and Anrlytical Table,) 417 to 425.
BEGINNINGS.-(See title " Commencement" and " Declarations.")
BEQUEST,

of chattel, real, or personal property, how pleaded, 281.

BILLS OF EXCHANGE, &c.(See the Declarations in "Chitty on
assumpsit,
[Bills," Index tit. Precedents.)

for not delivering of in payment for goods, 124.

for not indemnifying an accommodation acceptor, 127.

trover for, 370.

plea of delivery of in satisfaction, 484.

set-off on, 494.

præcipe against, 26.

BOARD AND LODGING,

assumpsit for board and lodging, 45.

lodging and necessaries provided, 54.

BONDS. (See also titles "Bail Bonds," "Replevin Bonds," "Deed,"

debt on bonds,

1. generally, 195.

in the King's Bench, 195.

in the Common Pleas, 195.
in the Exchequer, 196.

counts on several bonds, 196.

excuses of profert, 197.

2. specially stating conditions and breaches,

in general, 197.

on bastardy bond, 198.

on annuity bond, 200.

on bond to replace stock, 200.

on bond to perform covenant in another indenture, 202.

[" Escrow.")

3. relating to character, &c. in which the party sues or is sued, 203, &c.
general observations, 203.

by baron and feme, 203.

by surviving obligee, 203.

by assignees of a bankrupt, 204.

by executor of obligee, 205.

by an administrator, 206.

against baron and feme, 206.

against executor or administrator, 207.

against heir of obligor, 208.

against the heir and devisee of obligor, 209.
trover for, 370.

plea of bond given in satisfaction, 482.

BREACHES-(continued.)

against ditto, 87, 88.

at the suit of husband and wife, 88.

against husband and wife, 90.

at the suit of assignees of a bankrupt, 90, 92, 93, 94.
at the suit of executors, 95, 96, 98, 99.

against executors, 99, 100, 102, 103.

at the suit of administrators, 13, 105, 106,
against administrators, 107, 108, 169.

in debt,

CAPIAS SPECIAL-(See title " Original Writs.")

CAPIAS AD RESPONDENDUM

pleaded in K. B. or C. P., 214, 216.

CAPIAS AD SATISFACIENDUM

pleaded, 191, 591, 593.

plea by bail that none was issued against principal, 536
arrest under, 591, 593.

replication setting out, 673, 4.

CARRIAGES, &c.

assumpsit for hire of, 55.

for standing of, 45.

work and labour with, 70.

case for negligence in driving of, 329.

trespass for driving of against plaintiff's carriage, 426.
CARRIAGE OF GOODS.-(See title "Freight.")
assumpsit for, 70.