ACCOUNT STATED:

evidence upon count on, 70 n. (19)
ACKNOWLEDGMENT:

of debt; what sufficient to take case out of statute of limita-
tions, 140.

stat. relating to, 142.

ACTION:

commencement of, on penal statutes, 630.

ACTION ON THE CASE:

where case or trespass is the proper remedy, 435 to 443, 691.
what is the true criterion, 435.

where trespass or case is to be brought for irregular distress,
1349 n.

where trespass or case is to be brought for false imprisonment,
1084 n.

ADJUSTMENT: 995.

ADMINISTRATION:

by whom to be granted, 778.

where void, 779 n.

where administration de bonis non is

during minority of executor, 787.

necessary, 786.

during absence of executor beyond sea, 788.

pending litigation, 789.

evidence of, 813.

effect of statute of limitations as to, 811.

ADMINISTRATOR:

interest of, in property of intestate, 782.

actions by, 799.

against, 804.

plea by, 808, 9.

how he may lay demise, in ejectment, 725.

ADMISSION:

of assets, 795.

ADULTERY:

action for, 8.

form of action, 9.

what will bar the action, 10.

correct statement of Cibber v. Sloper, 10 n. (3)

what circumstances will go in mitigation of damages, 11, 25.

of circumstances operating in aggravation, 25.

when husband and wife live apart, whether action is maintain-
able, 12.

how statute of limitations is to be pleaded, 13.

actual marriage must be proved, 15.

new trial, in what cases granted, 26.

ADVOWSON:

in fee, purchase of, when not simony, 563.

AGENT:

where action must be brought against, and where against prin-
cipal, 88 n.

obtaining money illegally, cannot discharge himself by paying
it over, 90 n.

notice to principal, notice to agent, 227, 828, 9.

principal is civilly responsible for acts of, 828.

authorized to act in usual way of business only, 821.

acceptance of bills by, 303, 4.

see Factor.

AGREEMENT:

nature of, 44, 5.
parol, ib.

illegal, 59.

contrary to public policy, 61.

fraudulent, 65.

immoral, 68.

void by stat. of frauds, 848.

parol evidence of, cannot be given, in what case, 1430, 1.

ALIEN:

wife of, when chargeable as a feme sole, 283.

enemy cannot sue on a policy of insurance, 1002.

ALTERATION:

of bills of exchange, 316, 7.

AMENDMENT:

during the trial, 9 G. 4. c. 15, 526.

AMERCIAMENT:

3 & 4 W. 4. c. 42. s. 23, 24, 527, 8.

in court leet, debt lies for, 538.

what must be averred in the declaration, ib.

ANCIENT DEMESNE:

how proved, 764.

APPOINTEE:

where he cannot be sued as assignee, 493.

APPORTIONMENT:

statutes concerning, 611, 2, 801 n., 1339.

APPRENTICE:

may plead infancy to covenant upon an indenture of apprentice-
ship, 521.

of actions by masters for seducing and harbouring, 1125.

master entitled to wages earned by impressed apprentice, ib.
promissory note given as an apprentice fee, is void, for want of
consideration, if indentures are void, 387.

APPURTENANT:

common, 422.

ARREST:

what acts the officer may justify in making an arrest, 34, 5.
may be made without touching the

person, 34.

evidence of, in action against sheriff for escape, 627.

words merely will not make an arrest, 1233.

trespass for false imprisonment will lie for an unlawful arrest, as

on mesne process not returned, 917.

or not being the person named in the writ, 917,
or if the arrest be made on a Sunday, 921.

or after return day of writ, ib.

original arrests only prohibited on a Sunday, 1234.
of bail on arrests on mesne process, 576.
in bankruptcy, 196.

ARRESTS: see Insurance.

loss by, 972.

ASSAULT AND BATTERY:

what acts amount to an assault, 27.

the remedy, 28.

battery defined, remedy, ib.

where it lies, 29.

See Pleadings-Costs.

ASSETS:

of the replication of assets to a plea of riens per descent, and by
what proof it may be supported, 595.

admission of, by executor, 795.

of reversion, 484.

assignee by parol, 488.

where the heir may be charged as, 489.
where liable, though not named, 490.

where, if named, 490, 1.

of parcel of estate, liable on covenant to repair, 493.

liable to pay rent for a moiety though the other moiety be
evicted, ib.

not liable for breaches incurred before or after assignment, 494.
what will be a sufficient conveyance in order to exonerate, 495.
of term, by way of mortgage, liable to covenants in the lease,

495 n.

but devisee of equitable estate is not liable as, 497, 8.

of the averment of entry and possession of, 496.

the whole estate must be conveyed to make assignee chargeable,

under-lessee not liable as, 498.

but reserving the rent to the lessee will not exonerate assignee,
498.

how to declare against, ib.

actions by and against assignee of reversion are transitory, 499.
as to assignees of bankrupt lessee, see tit. Bankrupt.

ASSIGNMENT:

voluntary, by insolvent, 200.

property of bankrupt vested in assignees, without, 184.

of bond by chancellor, after fraudulent commission, 238.
where lessee may plead, in bar to debt for rent, though he has
assigned over the premises, 610.

of the covenant not to assign without license,

what is a breach, 478.

assignment by operation of law, no breach, 479.

condition discharged by leave once granted, ib.

equity will not relieve against forfeiture occasioned by
breach, 481.

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

ASSUMPSIT:

nature of action, of, 44.

of the indebitatus assumpsit, 69.

will not lie on special agreement to be paid in money until terms
are performed, 73.

nor where remedy of higher nature, 446 n.

of the declaration, 106.

how the contract ought to be stated, 108.

what variance will be fatal, ib.

of stating the consideration, 109.

assigning breach, 110.

averring notice, ib.

or request, 111.

See money paid, and money had and received.-Pleadings.

ATTACHMENT:

meaning of the word in bankrupt statute, 196.

ATTORNEY:

examination of, before admission, 160 n.

must declare employer, 167.

actions by, for recovery of fees, 159.

statute of limitations may be pleaded to action brought by attor-
ney for his fees, 160.

of giving bills to their clients under stat. 3 Jac. 1. c. 7. s. 1.

and cases thereon, ib.

of the stat 2 G. 2. c. 23. s. 23 relating to delivery of bills, 161.
where necessary to deliver a bill, 162, 3.

bill must be left with party to be charged, 163.

conveyancing business not within this statute, 161 n., 165, and n.