mariner not obliged to produce the written agreement in of the penalties imposed upon seamen for desertion, what shall be deemed desertion, 1259 n. of the regulations : ship-owners must not advance to seamen, beyond sea, freight the mother of wages, ib. if ship be captured, or lost in the voyage, seamen lose ship seized by way of retaliation, and afterwards re- where impressed seaman is entitled to wages pro tanto, of the remedies for the recovery of seamen's wages: in the court of admiralty, 1263, 4. and at common law, 1264. SEA WORTHINESS : implied warranty, 1030. SECOND COMMISSION: of bankrupt, 257. SECOND DELIVERANCE: writ of, when it must be sued, 1227. in what case it operates as supersedeas to the retorno habendo, SECURITY: pleas of an agreement to accept the security of A. B. in dis- SEDUCTION: action for, 1126. SEISIN: unity of, of land and way over land, 1366. SEIZURE: owner of ship, seized as forfeited, cannot maintain trespass, hostile seizure is not necessarily capture, so as to defeat sea- SENTENCE: of council at war, where evidence, 36. sentences of foreign courts of admiralty are conclusive evidence, in actions on policies, upon all subjects within their jurisdic- where a warranty of neutrality shall be falsified by foreign sen- but these sentences must be legal sentences, 1023. SEPARATION: effect of, between husband and wife, in case of adultery, 12. SEQUESTRATION: nature of this proceeding, 197. SERVANT: see Master and Servant. of carrier liable for personal neglect or misconduct, 404. of declaration in ejectment, 729. of notice to quit, 714, 6. SET-OFF: at common law, 149, 573. by statutes, ib. particulars of, 151. debts must be mutual and due in same right, 150, 576. in cases of executors, 150. cannot be of debt barred by statute of limitations, 151. cannot be of a penalty, ib. reducing demand under 40s. does not affect jurisdiction of su- perior court, 152. cannot be given in evidence under notice, 151. to debt on bond, 573 to 576. SHERIFF: remedy against, for escape, at common law, 614. by statute, ib. liable for escape after recaption on escape warrant, 616. must appoint deputies to make replevins, 1196. Jiable for taking insufficient pledges, 1202. extent of liability, 1202, 3. cannot be made a trespasser by relation, 1348. cannot justify breaking open outward door to execute process, in civil suit, 1360. trover lies by sheriff against person taking away goods seized in seizure by, after bankruptcy, 232. SHIP: ship-owners not liable for embezzlement by mariners, 405. nor for any loss exceeding value of vessel and freight, ib. nor for any loss by fire, 406. nor for jewels, &c. unless the value is specified, ib. action against ship-owner must be brought by consignee of master of ship has no lien on ship for money expended in re- sale of the whole of a ship by part-owner is not equivalent to see Insurance-Registry. SIMONY: statutes relating to, 560, 1. resignation bonds, when simoniacal, 563. SLANDER: scandalum magnatum, 1266. of the action for slander, 1268. SOCIETY: what special damage sufficient to support action, 1274, 5. meaning of the term innuendo, 1277. office of the innuendo, ib. in what case averment of colloquium is necessary, ib. evidence, 1281. costs, 1283. see Pleadings-Libel. one member of amicable society cannot maintain trover against SOLD: bought and, notes, 874 n. SOLVIT AD DIEM, AND SOLVIT POST DIEM: of pleading payment at common law and by statute, 567. SPECIAL DAMAGE: in nusance, 1138, 40. slander, 1274. SPECIALTY: assumpsit will not lie on, 446. exceptions to this rule, ib. n. SPIRITUOUS LIQUORS: debt for, 59, 135. STABLE-KEEPER: liable for the negligence of his servants, 402. proprietor of, how far liable as common carrier, 401. STAMP: amount of stamp duties on bills and notes, 309, 310. stamp must be of proper denomination, 313. where new stamp is required on bill of exchange, 314. STANDING CORN: where it goes to devisee of land, 1388 n. STATUTE MERCHANT OR STAPLE: in what order to be paid by executors, 793. STATUTES: See Table of Statutes in vol. 1., after Names of Cases. where bond for securing money paid for stock-jobbing differ- STOLEN HORSES: statute regulations as to, 1381. STRANDING: loss by, 953, 5. STRANGER: covenant for act of, 507. SUBSCRIBING: witness, 545, 883, 1041. SUBSCRIPTION: of wills, 873, 899. SUNDAY: date of bill on, 316. execution of writ on, 1234. SUPERSEDEAS: evidence that commission issued on a particular day, 266. insurance, defence must be specially pleaded, 123, 1007, 1030. principal cannot be released without its operating for the benefit SURRENDER: defendant discharged out of custody on giving bail bond, cannot by stat. of frauds, leases, &c. cannot be surrendered without heir of copyhold estate may surrender before admittance, 701 n. SWEAR IN: mandamus to, where colourable title in two sets, 1095. TAX: T. a wager on the amount of, illegal, 1441. TAXABLE ITEMS: in bill of attorney, 162, 3. TENANCY: at will not favoured, 710. TENANT: wifully holding over, 604, 5. what are fixtures as between landlord and tenant, 1389. see Notice to Quit. TENANT IN COMMON: of account by, against his companion, 2. how he must declare in ejectment, 724, 5. of trespass by, against his companion for mesne profits, 773. of trover by, against his companion, 1397. of joining in actions by, 1141, 1216. TENDER: bank-notes, legal, where, 154. plea of in assumpsit, 152, 5. what good, 153. at what time must be made, 154. tender and refusal equivalent to performance, 115. TERM: makes detainer unlawful, ib. cannot be pleaded in replevin under stat. but may in trespass, 1369. latitat may be replied, ib. outstanding, where it bars an ejectment, 697, 8. |