NOTICE:

of action against officers, 100 n.
of non-acceptance of bill, 331, 4.
of non-payment, 352, 3.

where notice may be presumed, 358.

of auctioneers' conditions, 687 n.

to tenant of distress, 686, 7 n.

subscribed to declaration in ejectment, 727.

by tenant to landlord of delivery of declaration in ejectment,
731.

of the notice required by stat. 24 G. 2. c. 44, to be delivered to
J. P. before action brought, 924.

requisites of this notice, 924 n., 925 n.

what notice of dissolution of partnership is required, 1160.
notice to determine composition, 1316.

NOTICE TO QUIT:

on tenancies from year to year, half a year's notice to quit must
be given, 710.

no distinction between land and houses, 711.

how the notice must be given where tenant holds over,
where tenant holds under a void agreement, ib., 713.

712.

where tenant enters upon the different parts at different times,
713.

requisites of notice, ib.

forms of notices which have been holden good, 714.

need not be directed, 715.

what shall be considered as evidence of service, 716.

landlord may wave notice by subsequent acknowledgment of
the tenancy, 717.

cases where notice to quit is not necessary, 721.

in the case of mortgages, 721, 2.

NUDUM PACTUM:

assumpsit will not lie on, 45 n.

NUL TIEL RECORD: 586, 601.

NUSANCE:

case lies for nusance to habitation or land, 1132.

e. g. for darkening windows, ib.

twenty years' enjoyment of lights sufficient to maintain action
for obstructing them, 1133.

not necessary to shew total privation of them, ib.

instances of nusance for which an action may be maintained,
1137.

to support an action for nusance in public highway, plaintiff
must shew special damage, 1138.

and that he was using ordinary caution, 1139.

what shall be deemed such special damage as will maintain an
action, 1138.

case lies for not repairing highway, where special damage, 1140.

action for nusance may be brought by reversioner or tenant in
possession, 1140.

or alienee, ib.

tenants in common may join, 1141.

person erecting nusance, or his alienee, is liable, ib.

of the general issue, and what may be given in evidence under
it, 1142.

of the evidence necessary to support an action for a nusance,
1143.

0.

OBLIGATION ON BOND:

debt on, 542.

bond from party replevying, 1198.

OBLIGEE:

release by, 570.

OBLIGOR:

how one of two obligors sued must plead, 549.
release to, 570.

OFFICE:

stat. against sale of offices, 557.

what offices are within this statute, ib.

excise, though no part of the revenue at the time of making this
statute, yet within the mischief, 559.

bond given by officer for securing all the profits to person ap-
pointing, is void, 558.

so bond to surrender when person appointing chooses, ib.

OFFICER:

officer in the army may justify even maihem for disobeying
orders, flagrante bello, 35, 6.

assumpsit does not lie against excise officer for recovery of
duties which he has paid over, but otherwise if not paid over,
89 n.

whether excise officer is entitled to a month's notice before ac-
tion brought, 100 n.

where peace officer may justify an arrest, 935.

of justifications by officers, how pleaded, 34, 5, 931.

OPTION:

of determining lease, 447 n.

OVERSEER:

whether promise made by overseer to pay for cure of pauper is
binding, 56.

liable to refund money illegally received for maintenance of
bastard child, though he has paid it over to successor, 90 n.

entitled to the protection of stat. 24 G. 2. c. 44. s. 6, 927 n.
trespass will not lie against overseer who distrains for poor-
rate, 1350.

OWNER:

reputed, 209.

OYSTERS:

right to dredge for, 838.

P.

PARCELS:

exceeding value of 107. see stat. 11 G. 4. and 1 W. 4. c. 68.,

402.

PARCENERS:

ejectment by, 724.

must join in an avowry for rent arrear, 1222.

PARENT:

may justify assault in defence of child, 32.

may chastise his child moderately, 35.

may maintain action for seduction of daughter, 1126.

PARISH:

officers, liability for accident to casual poor, 56.

as to what overseers may give in evidence under the general
issue since new rules, see Haine v. Davey and another,
4 Ad. & Ell. 892.

PARISH REGISTERS:

proof of baptism, &c., 760.

PARLIAMENT:

see Bribery.

PARSON:

see Tithes.

PARTICULAR:

of demand, 368, 379.

PART PAYMENT:

effect of, 134.

PARTNER:

commission of bankrupt against, 258.

may accept bill drawn on firm if on joint account, 305.
may pass the partnership interest in bill by indorsement, ib.
but secus, if creditor knows that it is without consent of the
other partners, 306.

after bankruptcy of one partner, bill must be indorsed by sol-
vent partner and assignees of bankrupt, ib.

assumpsit lies on express promise to pay balance struck after
dissolution, 446 n.

participation of profits and loss is necessary to constitute a part-
nership as between the parties, 1144.

where there is a partnership, as between the parties and stran-
gers, the law will presume that they are partners inter se,
1145, 6.

in respect of creditors, he who takes a moiety of profits shall be
liable to losses, 1146.

although an agreement may constitute a partnership as between
the parties and strangers, yet it may not have that effect as
between the parties themselves, ib.

one partner cannot execute a deed for another, without a parti-
cular
power, 1149.

but one partner may bind another by the acceptance of a bill, ib.
a new partner, however, cannot be bound in this manner for
debt of old partner, ib.

one partner cannot pledge the security of another for his own
private debt, 1150.

in whom the property in partnership effects is, when one part-
ner becomes a bankrupt, 1151.

authority of one partner to draw bills to charge another is only
an implied authority, 1150.

solvent partner may dispose of partnership effects, 1151.

how partners ought to sue, 1154.

what notice ought to be given of a dissolution of partnership,
1160.

a person who suffers his name to be used in a firm, if no part-
ner, may be a witness for the firm, 1161.

effect of act of bankruptcy by one partner, 1397.

PARTY:

assumpsit cannot be maintained by person not party to agree-
ment, 52.

party bringing covenant on deed-poll must be named therein,
445, 6.

PASTURE:

converting into tillage, 452.

PATRON:

of bonds given by clerks to patrons, 562, 3.
statutes concerning, 563.

PAWN:

where trover lies by and against pawnee, 1393, 4.

PAWNBROKER:

trover lies against for goods stolen, 1393.

PAYMENT:

by bill, 74 n.

good plea in assumpsit, 134.

where several demands, party paying may apply it as he pleases

at time of payment, ib.

payment of money into court, stat. concerning, 137.

of payment of money into court in actions against carriers,

417.

and in covenant, 530.

where payment may be pleaded to debt on bond, 567, 8.

of plea of payment at the day, and after the day, 568, 9.
PEACE OFFICER:

where he may justify arrest, 935.

PEDIGREE:

hearsay evidence admissible as to pedigree, 761, 2.

hence declarations of members of family are evidence as to pe-
digree, ib. See Hearsay.

but declarations must be ante litem motam, 762.

husband to be considered as member of wife's family, 762.

PENAL STATUTES:

rules relating to actions on, 630.

limitation of actions on, 632.

PENALTY:

on bonds with penalty conditioned for payment of money only;
principal, interest, and costs only are recoverable by stat.
4 Ann. c. 16. s. 13, 589 n.

infancy may be pleaded to bond with penalty, 566.

so to bond conditioned for payment of interest, 567.
PENDENTE LITE:

administration, 789.

PENSION:

definition of, 1334.

PEREMPTORY MANDAMUS:

where grantable, 1112.

PERFORMANCE:

how pleaded where covenants in the affirmative, 530.

negative, ib.

must be pleaded in terms of covenant, 531.

PERILS:

insured against, 952.

of the sea, 967.

PERJURY:

persons convicted of, incompetent witnesses, 884.

but

may be restored to their competency by pardon, if indicted
at common law; but otherwise if indicted on statute,
645, 885.

copy of judgment, entered upon a verdict of conviction, must be
produced, 885.

PERMISSION:

occupation by, 755.