of suit by death of party, one year allowed in which to renew, 48.

causing death made basis of action for benefit of persons bereaved,
162; action to be brought in the name of executor or administrator of
deceased, 162.


in case of, of appellee on malicious appeal, appellors to suffer, 14.

limitation of possessory, for own, or ancestor's disseisin, 45; of tres-
pass quare clausum, trover, replevin, &c., must be brought within six
years, 85; of assault, battery, &c., within four years, and of slander
within two years, 85; barred by nonsuit, in case of issue joined on plea
of disclaimer, 86; should follow entry to avoid a fine, 113; of account
brought against executors of guardians, receivers, joint tenants, &c.,
116; on the case granted for use and occupation of lands, 123; time
of, relating to real property, limited, 173-176.


appointment of, 21, 28; bonds, and duties of, 91; not chargeable on
any special promise unless in writing, 95; husbands may claim to be
named, of wives' estates, 99; not cited to render accounts unless on
demand of interested parties, 101-102.


jurisdiction defined, 21, 22.


[blocks in formation]


of lands shall not be to the prejudice of the lord of the fee, 8; by ten-
ant by courtesy with warranty, no bar to heir without assets, II; of
part of a fee causes apportionment of services, 17; fines for, reserved
to the crown, 42; fines for, abolished, 87; as to charitable uses hostile
to, 77, 121.

where parties, are entitled to have one half aliens on the inquest, 20.
lands, houses, slaves, &c., in the colonies of, liable to be sold for debt,
120; act as to attestation of wills made applicable to, 125.



lords may, the bodies of defaulting bailiffs to compel an account, 9.
may be had for false verdicts, 49.


of tenants unnecessary, 111; of tenants to strangers, void,



by whom and when allowed, 66; bond may be assigned to, and sued
on by plaintiff in case of default, 114.

Bargains and Sales

must be inrolled within six months after date, 38,


he is a, who is born before matrimony, 9.

Benefit of Clergy,

those having, shall not depart from the Ordinary when convict of
felony without purgation, io; limited to those actually within holy
orders, 25, 31.

Bills of Lading,

[see Factors.]

Charitable Uses,

statute of, 77-80.

Choses in Action

are non-assignable, 50.


houses, lands, and negroes in the, to be sold to satisfy debts, 120.

rights of, defined by factors acts, 132, 135, 156, 176.
Contingent Remainders

assimilated to shifting uses and executory devises, 176.


for sale of goods, &c., not good, unless partly performed, or in writing,
&c., 97, 142.



fraudulent, parts of statutes of, 70, 72; made during Commonwealth,
held to be made of estates in socage, 88; of estates in land must be
registered, 117.

No more, than damages in petty suits, 80; or in suits for slander where
damages are less than 40 s., 86 or in suits for assault and battery where
the judge does not certify, 91; may be given after demurrer to one of
several pleas, 110; payment of, on dismissing bills in equity, 115; de-
fendant to get, when defective writ of error is quashed, 115; executors
liable to pay, as though suing personally, 145.



shall be paid for waste by fermors, 9; no more costs than, 80, 86, 91;
given to the families of persons killed by accidents, 162.

person negligently causing accidental, liable to family of deceased in
action brought by executor or administrator, 162.

De Donis,

statute of, creates estates tail, forbids their alienation, and provides for
their recovery, 12.


in action for, apology may be proved to mitigate damages, 161.

after joinder in, judgment given as to very right of the cause, 75, 108,
165; special, abolished, 165.


if disseisor die, and his heir continue, entry may still be made, 54.

of money allowed to be made by those in extremis, 7; of money of
intestates by view of the church or by nearest relatives, 7; of surplus
of intestates estate, 7, 93, 143; father being dead, mother, brothers and
sisters take equal shares of estate of intestate brother, 102; of proceeds
of estates pur autre vie to be like that of personalty, 150.


Widow's right of, and to quarantine, defined. 7; elopement with ad-
vouterer, forfeits, 16; in what estates widow has no, 35; may be en-
forced when jointure is defective, 35.

[blocks in formation]


clerks or servants guilty of, liable to transportation, 130.

on lands must be lawful and peaceable, 21; by, widow can regain estates
of which husband levied a fine, 53; to avoid a fine must be followed by
action, 113.


pertain to lord of the fee in case of petit treason, but to the king in
case of high treason, 19.

Estates pur autre vie,

made devisable, 97; disposition of in certain cases to be assimilated to
that of personal property, 125.

Estates tail,

in gifts in tail, donors will to be observed, 12; when those enjoying,
make leases, such shall be good against the lessors, their wives, heirs,
and successors, 51.

[blocks in formation]

shall have a writ of accompt, 15; shall have an action against tres-
passers, 18, 144; of executors, duties of, 20; a part of, may sell lands, 26;
may recover arrearages of rent, 59; of their own wrong, liable, So, 99;
not personally chargeable on special promises not in writing, 95; if no
heirs, take estates pur autre vie as special occupants, 97, 125; may
collect proportional rent due by sub-tenant on death of life-tenant, 123,
145; held to be trustees of any undistributed residue in their hands, 142;
competent witnesses as to execution of the will, 152; actions for dam-
ages for loss of life, brought in name of, 162.

Executory Contracts

of sale, require writing, 142.


acts concerning, and agents, by which are defined the respective rights
of real owners of goods, and those who deal in good faith with such
factors or agents, 132-134, 135-139, 156-159, 176-177.

False pretences,

statute of, 129.


by what words in a feoffment a, is bound, 11; lands not to be held of,
by feoffee but of the chief lord of the fee, 16.

[blocks in formation]

readings of, and who are bound by them, 17, 23; explanatory act con-
cerning, 57-59; entry to avoid, must be followed within a year by
action prosecuted with effect, 113.


nature and form of writs of, 14; limitation of time in which writs of, can
be sued, 45, 84.


statute of, requiring writing in certain cases, 94-99; extended to execu-
tory contracts of sale, 142.


statute of, conveyances, parts of, 70, 72; statute of, devises, provides
remedy against devisees, 103, 104.


appointed by deed or will by father, for child, 89; to have full custody
of child, and estates till majority, 90.

Habeas Corpus,


act regulating service and return of writs of, 68. 100.

takes estates pur autre vie as special occupant, 97; action lies against,
who disposes of estates of inheritance upon which creditor has prior
encumbrances, 104; may plead in such case riens per descent, 104.
Hilary Rules,

of pleadings in particular actions, 178-181.

Illusory Appointments,

statute as to, 143.


statute of, 38,


chattels of freeman dying, to be distributed by nearest relations, 7;
Ordinary bound to answer for debts of those dying, 15; to whom ad-
ministration of estates of persons dying, may be committed, 21, 28; one
benefitting by fraudulent administration of estate of person dying,
chargeable as executors de son tort, 80; for better settling of, estates,
91; distribution of residue of estate of, 93.


statutes of, 72, 75, 82, 109.

Joint Tenants

for term of life or years may procure severence by writ of partition,
39, 53.



those holding by, in capite allowed to devise two thirds of lands, 42;
tenure by, abolished, 86-90.

shall not be aliened to prejudice lord of the fee, 7; on sale of part of,
services to be apportioned, 17; proceeds from sale of, ordered by will,
not personal assets, 29; in America, liable for debts, 120;



recoveries by feigned titles do not destroy enjoyment of, by fermors,
30; for short terms, binding on wife, heirs, &c., when made by tenant
in tail, courtesy, &c., 51; wife to join in making and sealing, of her es-
tates of inheritance, 52; estates, interests of freehold, or terms of years,
not evidenced by writing to have force of leases or estates at will only,
94; not exceeding three years excepted, 95.

in actions for, it may be shown that apology was offered, 161; plea of
no malice and apology, 161.

consignees', to merchandise entrusted to agents and factors, see factors
acts, 132, 135, 156, 176.


statutes of, 11, 45, 83, 113, 173; persons under disability excepted out of
statutes of, 47, 86, 174; of the time in which entries in shop-books may
be used to prove debts except between merchant and merchant, 82; of
the period during which property may be left to accumulate, 131; verbal
promise to pay a barred debt not enough to take out from statute of,



fraudulent, void, 74; parties in interest shall contribute to pay off, after
death of mortgagor, 166.


statutes of, 8, 17.


no benefit of clergy to those committing, save to those in orders, 25.

« ElőzőTovább »