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not necessary to demand payment of drawer, 336.

how to declare on a bill, 366.

where several actions are commenced by holder, upon what
terms court will stay proceedings, 369.

of the reference to the master to compute principal and interest,
after interlocutory judgment, 370.

at what time application may be made for this rule, ib.

how to proceed after interlocutory judgment, on bill for foreign
money, ib.

what must be proved on executing writs of inquiry, ib.
pleading under the new rules, 370.

evidence-proof against acceptor, 371.

against indorser, 373.

foreign bill, in case of, protest must be proved, 375.

and on inland bills, if stated, 375 n.

acceptor, in what case a witness, 375.

where payee may prove bill void for want of stamp, ib.
in what cases interest is recoverable, 376.

how computed, 377.

demand, of principal in particular, sufficient, 378.
See Indorsement-Protest.

BILL OF LADING:

where property passes by indorsement of, 1380.

BILL OF SALE:

of ship, what valid, 1246.

BODY CORPORATE:

when extinct, 1178, 9.

BONA NOTABILIA, 777.

BOND:

when a bond is payable, if a day is not mentioned in the con-
dition, 542.

of bonds, covenants, or promises, to pay money at several days-
when action may be brought, 543.

place of date must be set forth in declaration, 543, 4.

of the pleadings to debt on bond, 544.

non est factum, ib.

how to prove execution, 545.

proof of delivery, ib.

of the general rule that subscribing witness must be called to
prove the execution, ib.

of the exceptions to this rule, 546.

how to prove deed executed in the East Indies, 548.

bond thirty years old may be given in evidence without proof of
execution, ib.

exception to this rule, 549.

what evidence will avoid the bond, 550.

of avoiding bonds on the ground of immoral consideration, 551.
of bonds made in restraint of trade, 551.

what restraint the law permits, ib.

bond given for the purpose of suppressing a prosecution for
perjury is illegal, 553.

obligor may plead matter whether consistent or not with the
condition, 555 n.

of considerations illegal by statute :-gaming-sale of offices-
simony-usury, 556 to 566.

bond originally good, cannot be avoided in the hands of a bonâ
fide holder, on the ground of subsequent usury, 565.

bond conditioned to perform covenants, 588.

how the obligee used to proceed at common law, ib.

inconveniences of this mode, ib.

of the remedy provided by stat. 8 & 9 W. 3. c. 11., 588.
construction of this statute, 588 n.

bond debts, where bona notabilia, 780).

how paid in a course of administration, 794.

replevin bond,

condition of, 1198.

how construed, 1200.

how the breach may be assigned, 1202.

penalty of, fixed by stat. 11 G. 2. c. 19. s. 23, 1203.

in trover for a bond, not necessary to set forth date, 1412.
for debt on bond of ancestor against heir, see Heir.

BOROUGH:

exclusive right of trading in, abolished, 1184.

BOTTOMRY:

definition of, 1050.

difference between bottomry and a mere loan, 1051.
statutes relating to, ib.

BOUGHT AND SOLD NOTES: 172, 874, n.

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book of, where evidence, 874 n.
insurance, how to receive payment, 996.
authority of, when revocable, 1008 n.

BULL, PAPAL:

exemption of tithe by, 1319.

BURGESS:

enrolment of, by occupancy and payment of rates only, 1178.
BYE-LAWS:

Where good, 1179.

void, 1182.

evidence of, 1183.

C.

CANCELLING:

wills, what an effectual cancelling, 890, 901.
acceptances of bills of exchange, 327.

CANONS:

of 1603 not binding on laity proprio vigore, 777 n.
CAPTURE:

definition of, 969.

of losses by, ib.

insurance against all captures does not include British capture,
971.

CARRIER:

of common carriers and their responsibility, 397.

who are common carriers, ib.

how far their liability extends, 398,9.

as to losses by fire, 399.

by robbery, 400.

coach owners not liable for inevitable accident, 401.

stat. 11 G. 4. and I W. 4. limiting the responsibility of carriers
by land, 402.

lien of, 408.

of actions against common carriers-must be brought by the
owner of the goods, 410.

same rule holds, in the case of carrier by water, 411.

of the declaration, on the custom of the realm, breach of duty,
assumpsit, 413.

trover will not lie against carrier for mere loss, 415.

where trover will lie, 416 n.

pleading under new rules, 416.

ship-owners liable in respect of freight-of declaring against
partners, ib.

owners of chartered ship liable, though king's pilot on board, ib.

in what cases money may be paid into court, 137, 417.

master good witness in action against ship-owner, 417.
book-keeper a good witness, 418.

CASE:

where case or trespass is the proper remedy, 435.

where case lies, though remedy of a higher nature, 446 n.
where special action on the case or trover, 1413.

case lies against sheriff for taking insufficient pledges in reple-
vin, 1202, 3.

case lies for preventing a party from distraining, 690.

so for rescuing a distress, ib.

against a sheriff for an escape on mesne process, or in execution,
615 n.

for a nusance.

disturbance of common, 428.

how to declare, ib.

disturbance of seat in a pew, 1136.
darkening windows, 1132, 3.

malicious prosecution, 1077.
- arrest, 1082.

for a rescous of person arrested, 1233.

for shooting off a gun to the injury of plaintiff's decoy, 442.
use and occupation, 1419.

CASUAL EJECTOR:

judgment against, 730.

CAVEAT EMPTOR:

where this rule applies, 86, 647 n.

CERTIFICATE:

of the judge under stat. 22 and 23 Car. 2. to entitle plaintiff to
full costs, 39.

under stat. 8 and 9 W. 3, that there was a reason-

able cause for making a person defendant in
trespass, 40, 41.

under stat. 43 Eliz. c. 6. to deprive plaintiff of full
costs, 41. stat. 21 Jac. 1. c. 12. double costs, 923, 4.
bankrupt's certificate, 238.

game certificate, 907. 914.

CHANCERY:

bill in, 762.

CHAPEL:

as to marriage in, 21. see 11 G. 4. & 1 W. 4. c. 18.
CHARTER :

construction of, 1176.

cannot be partial acceptance of, 1177.

CHURCH SEAT:

action on the case for disturbance of, 1136.
CHURCHWARDEN:

is within the meaning of the words
24 G. 2. c. 44., 927 n.

"other officer," in stat.

CLAUSUM FREGIT:

where it lies, 1340.

CLUB:

liability of members of, 1152.

COCKFIGHT:

wager on, 1436, 1441.

COGNIZANCE:

in replevin, nature of, 1214.

COMMAND:

traversable in replevin or trespass laid transitorily, and now in
trespass, quare clausum fregit, 1215 n.

COMMERCE :

illegal, 1002.

COMMISSION:

of bankrupt, fiat substituted for, 185 n.
maliciously suing out, 238, 443 n.
supersedeas of evidence of, 266.
COMMISSIONERS OF BANKRUPT:
commitment by, 923.

COMMITTEE OF LUNATIC:

cannot bring ejectment, 704.

COMMON :

right of, defined, 419.

of pasture, 421.
its kinds, 421, 3.
appendant, 421.
sans nombre, ib.
appurtenant, 422.

because of vicinage, 421.

in gross, 424.

of fishery, 840.

of the interest of the owner of the soil, 425.

of the statute of Merton and other statutes relating to improve-

ment, 426.

what right the lord may enclose against, 426, 7.

right of common, plea of, 1217.

COMMONER:

in what case may abate nusance, 427.

of action on the case by, 428.

how to declare, ib.

what injury sufficient to maintain action, ib.

how to plead licence from Lord to dig turves, ib.

of the ancient remedy for surcharge, 429.

of the modern remedy by action on the case, ib.
how to declare, ib.

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