pleadings, 625, 6.

proof necessary to support the action for escape, 626.

ESCROW:

what is an, 545.

ESTOPPEL:

of replying the estoppel to nil habuit in tenementis,
in covenant, 523.

in debt, 613.

assignee of reversion may take advantage of estoppel running
with the land, 522.

what is necessary in order to give a party the benefit of an es-
toppel, 523.

where the estoppel will not operate, 524, 5.

a verdict found in trespass on any fact or title, distinctly put in
issue, may be pleaded as an estoppel in another action be-
tween the same parties, 1356.

ESTATE:

pur autre vie, where assets by descent, 800.

EVICTION:

lessee may plead eviction, but not a mere trespass, in bar to
covenant for rent arrear, 520.

EVIDENCE:

debt, 611.

avowry, 1222.

use and occupation, 1427.

in action for adultery, 14.

in actions by assignees of bankrupts, 254.

in debt,

on bills of exchange, 371.

on executing writ of inquiry, 370.
on promissory notes, 393.

against carriers, 417.

by and against commoners, 429 to 434.
of covenant, 533.

on foreign judgment, 539.

on bond, 545.

against sheriff for escape, 626 to 630.

on statute against bribery at elections of members of
parliament, 641.

in actions for deceit, 651.

in detinue, 666, 7.

in ejectment,

on the part of lessor of plaintiff, 750.

on the part of defendant, 766.

in trespass for mesne profits, 774.

in actions by and against executors, 813, 4.
factor, 833.

in actions on policies of insurance, 1036.
for libel, 1070.

for malicious prosecution, 1087.
for a nusance, 1143.

relating to partners, 1159.

in quo warranto informations, 1186.
in actions for rescous, 1235.

under shipping act, 1256.

for slander, 1281.

on stat. 2 & 3 Edw. 6. c. 13. for not setting out
tithes, 1332.

for trespass, what may be given in evidence under the
general issue, 1353, 4.

of trover, 1411.

EXCHEQUER BILL:

passes by delivery, 1392.

EXECUTION:

when execution and act of bankruptcy on same day, priority
may be inquired into, 207.

taking prisoner in execution, satisfaction of judgment, 621.
EXECUTOR:

when entitled to standing corn, 1388 n.

account by and against, 3.

where executor may sue in covenant, 482.
see Administration.

EXEMPLIFICATION: 814.

EXPRESS:

malice, where not necessary to prove, 1079 n., 1089.

warranty,

action lies on, 649.

in insurance, 1012.

EXTRA PAROCHIAL:

persons cannot claim pew, 1136.
tithes, 1327.

F.

FACTOR:

his employment, 818.
pledge by factor, 819.

sale by, 820.

factor, lien of, 826.

principal responsible for, 828.

alterations in law of, by statute, 829 to 833.
factors good witnesses from necessity, 833.

FALSE IMPRISONMENT:

what is such, 917.

under process issuing out of superior and inferior
courts, 932.

out of foreign court, 934.

money not to be paid into court, in action for, 930.
FEE-FARM RENT, 672 n.

FEME COVERT:

where considered as feme sole, 280.

suing with or without her husband, 286.

FENCES:

escape of cattle, through defect of, 1216.
obligation to repair, 1217.

FIAT:

substituted for commission of bankrupt, 185 n.

FINE:

actual entry necessary to avoid fine levied with proclamations,
but not a fine at common law, 708, 9.

in what cases an entry is barred by fine and non-claim, 737, 8.
how proved, 741.

fines and recoveries abolished by stat. 3 & 4 W. 4. c. 74. 708 n.,
737.

FIRE:

insurance against, 1056.

loss by, in marine insurance, 978.

FISHERY:

several, 837.

free, 838.

common of, 840.

FIXTURES:

what are, 1387.

what not, 1389.

not removed during term become the property of landlord,
ib.

FLEET BOOKS:

not evidence, 24.

FORBEARANCE:

of suit, where a consideration, 48.

where not, 50.

By R. G. H. T. 4 W. 4. Reg. 5. pleas of an agreement to accept
the security of a third person, in discharge of the plaintiff's
demand, and of the same agreement, describing it to be an
agreement to forbear for a time, in consideration of the same
security, are not distinct; for they are only variations in state-
ment of one and the same agreement, whether more or less
extensive, in consideration of the same security, and not to
be allowed.

FORFEITURE:

what shall be a waver of, 719.

FRACTION:

of a day, when allowed, 207, 620.

FRAUDS, STATUTE OF:

of the persons who are supposed to have drawn this statute,
842.

first and second section, 843.

third section, 847.

fourth section, 848.

first clause of fourth section as to liability of personal represen
tatives, 849.

second clause, as to answering for the debt, &c. of another,
850.

third clause, as to charging persons upon agreements made in
consideration of marriage, 860.

fourth clause, as to agreements made upon a sale of lands, or
any interest in them, ib.

fifth clause, relative to agreements not to be performed within
a year from the making, 864.

seventeenth section, 867.

opinion of Blackstone as to the property of the game being

vested in the king alone, 904.

stat. 1 & 2 W. 4, c. 32, concerning, 907.

penalties for killing game at improper seasons, 913.

penalties imposed by certificate act, 914, 5.

see Wager.

GAMING:

statutes against, concerning bonds, bills, notes, &c., 321.

see Wager.

GENERAL AVERAGE, 953.

GENTOO:

⚫ deposition of, 884.

GIFT:

verbal, effect of, 1380.

GLEANING:

illegal, 1346.

GLEBE:

neglect to cultivate, not actionable, 52.

GOODS:

what deemed acceptance of, 868.

GRANT:

of right of way, 1364.

GROSS:

common in, 424.

GUARDIAN:

in socage, I and n., 702 and n.
testamentary, 703 n.

GUEST:

goods and money of, where innkeeper liable for, 1443, 4.

HABEAS CORPUS:

of escapes upon, 617.

H.

HABERE FACIAS POSSESSIONEM:

writ of, 770.

HAND-WRITING:

of witnesses to bond, 546.
of witnesses to will, 887 n.

HEARSAY:

evidence, when admissible, 761.
husband within exception, 762.

declarations post litem motam not admissible, ib.

HEIR:

account by, 1.

covenant by and against, 482, 488.

debt on bond of ancestor against, 592.

not bound unless named, 592 n., 3 n.

rules as to the heir taking by purchase or descent, 595.
plea by, 595.

judgment against, 599.

where witness, 887.