ANSWER. form of, when, 863. APOLOGY. expediency of being ready to make or receive, 438, 562. APPEAL. mandamus lies to a visitor to hear an appeal and give judgment, 796. or to justices to hear appeal against overseers' account, 801. or to justices at sessions to receive and determine an appeal at subsequent or to receive an appeal during the next sessions, ib. or to adjourn an appeal to next sessions, ib. or to enter continuances and hear appeal, ib. but not where appeal in discretion of magistrates, ib. APPENDANT AND APPURTENANT. See first part, Inder, that title. APPREHENSION OF OFFENDERS. See first part, Index, tit. Apprehension, Arrest. justifiable with force only if a forcible felony attempted, 590. See first modes of apprehension in cases of felonies, 589 to 594. when found committing offence, 617, 598. construction of statute, 598. or whilst committing, 617. 2. At Common Law. when offender may be apprehended, and implements, &c. without warrant, may upon suspicion of felony, if felony committed by some one, 618, 619. not for breach of peace, unless constable have view, 619. either by private person or by a constable, 618. 3. Under Statutes. under the metropolis police act, 620. under general vagrant act, 621. apprehending in area, 176. under larcenies and petty takings act, 623. under act against malicious injuries to property, 624. for maliciously injuring a dog, 625, 626. under night poaching act, 626. trespassing under game act, 627. protection to persons apprehending offenders, afforded by 9 Geo. 4, c. 31, s. 12, against criminal resistance, ib. when parties apprehending offenders are not protected, 628. protection from actions, and why proper, 630. better to obtain a special warrant, 631. necessity for notifying ground or reason for the apprehension, 632. what to be done after the apprehension, 633. when under magistrate's warrant, 673. when otherwise not, ib. motion to set aside awards, within what time to be made, 738. specific performance of an agreement to refer to, when or not enforced, 829 to 831, not enforced unless award made before dissent, 830, 851. enforced on other matters than payment of money when award complete before INDEX. AREA. defined, 176. apprehending vagrants in, ib. 622, 623. ARREST. See tit. Apprehension, and first part, Index, Arrest. ARTICLES OF THE PEACE. See Sureties of the Peuce. before a justice of peace only when breach of peace threatened, 675. when and how to proceed before a justice to obtain, 677. what such articles should state, ib. before magistrates at Sessions should be upon oath, 678. should fully state all the facts, 678. and relationship or connexion between the parties, 677, 678. form of, at Clerkenwell Sessions, 679. stating the threats, &c. 680. at quarter sessions by wife against husband, ib. at Surrey sessions on parchment, 681. by wife against husband in K. B. ib. in the King's Bench, 680 to 683. before the Chancellor, 683. ASSAULT. See Index, first part, Assault. requiring explanation of an ambiguous one, 562. defence of, 594. See Defence. son assault demesne, when defence excessive, 594, 595. ASSETS. See Executors. what are, in hands of executor or administrator, 532. real property devised for payment of debts are not legal assets, 533. ASSIGNMENT. See first part, Index, tit. Assignment. of a debt or chose in action, 459, 460. securities must be delivered up and notice given, 462. of a ship at sea, 460. of personalty as a security, 461. form of notice of, ib. bill lies to enforce contract of purchase of chose in action, 857, 858. ATTEMPTS. See first part, Index, tit. Attempts. defence of, 592 to 595. See Defence. ATTORNEY. See first part Attorney. retainer of, 435. mandamus to examine and admit, when, 792, 798. injunction against, in general, 705. to prevent disclosures of confidential communication, 714. AUTHORITY. distinction between an interest and a mere authority over land, 239. AWARD. See Arbitration, and first part tit. Award. title to real estate by, 328. when bill lies to enforce performance of, 830, 851, 852. within what time motions relating to, must be made, 738, note (s). BACKSIDE. what part of estate this is, 176. BANKRUPTCY. statutes of, 6 Geo. 4, c. 16, and 1 & 2 Wm. 4, c. 56. title to personalty by, 108. operation of statutes of limitation in cases of, 782. of purchaser or lessee when prevents decree of specific performance, 844, 845. larceny of, 87, 88. BETTER EQUITY. what so termed, 463, 470. BETTER SECURITY. protests for, 734, 735. BIGAMY. punishment of, 41. BILL OF SALE. title to personalty by, 106. necessity for taking possession, &c. qualified, 459 to 471. precautions in taking or discounting same, 457, 458. notice not to be too general, &c. 447. nor libellous or reflecting on any particular person, ib. notices should be left at police offices, &c. ib. and inserted in Gazette and newspapers, ib. forms of notices that bill obtained by fraud or felony, &c. 447, 448. See Forms. injunctions to prevent negociation, 706, 707. notice of such injunction, 448. but money may be required to be brought into court, &c. 709. 2. Upon dishonour. notices of non-payment of, 499. necessity of notice to perfect right, ib. time when notice may be given, ib. manner of giving notice, ib. requisites in form of notice of non-payment, 501. suggested form of notice of dishonour, ib. short form of notice of non-payment, 502. full form of notice of non-payment, ib. duplicate of letter and address should be kept by person sending, 503. prudence of having two witnesses for fear of death or absence of one of them, ib. but most prudent to leave written notice, ib. Court of Equity will, by injunction, restrain negociation, 706 to 708. BILLS, other. will compel delivery of proper bill or note, 706. will restrain defendant from pleading statute of limitations to, for injunctions, 695 to 731. of peace, 726. pendency of bill, its operation on statute of limitation, 781. for an account, 868 to 870. BILLS OF PEACE. may be filed to have all rights tried in one issue, 726. less in use than formerly, ib. confined to quieting possession of corporeal hereditaments, ib. did not extend to profits of an office, ib. BOOKS. injunction to prevent piracy of, 718 to 721. to prevent writing another on same subject contrary to covenant, 721. BOOKS AND DOCUMENTS. mandamus issues to compel a removed clerk to deliver up books of a public cor- to compel overseers to deliver up parish books to their successors, ib. or in the case of a vestry clerk, ib. nor will it lie to compel attorney or steward to deliver up documents, ib. but will at the instance of the lord of the manor or judge of a court, ib. BOROUGHS. right of voting for, 263. BOTES. See Trees. defined and right to, 259 to 262. trees blown down or severed, 5 Bar. & Cres. 897; 8 Dowl. & Ry. 651. necessity of fixing and keeping up, 455, 195, 196. of securing evidence of, from time to time, 455. proceedings in equity respecting, 455, 722. when commission for, may be obtained, 722. necessity for instituting proceedings within twenty years after encroachment, BREACHES OF CONTRACT, 13. See Contract, Covenant, Injunctions, Specific when Court of Equity will grant injunction to prevent, 711, 714. specific performance of, when decreed, 852 to 862. See Specific Performance. BREACH OF COVENANT. when or not ground for refusing decree of specific performance, 845. BRIDGES, 198. See Public Works. when mandamus will issue to compel repairs, 790, 791, BRUISES. See Defence. BURGAGE, 167. BURGLARY. See title Burglary, Index, first part, and tit. Messuage, Curtilage, ib. place, 169 to 171. at what time, 411. BURIAL. general law relating to, 50. will be enforced by mandamus, 793. but not in a particular manner or place, ib. CANALS AND CANAL SHARES, 95, 197, CAPTURES. remedies for, must be in Prize Court. 818. 2, n. (b). even in case of false imprisonment, 818, Holt, C. N. P. 113. but trusts relating to, are enforced in equity, ib. summary proceedings respecting, under 1001. ib. operation of statutes of limitation in cases of, 780. CART BOTE, 260. CARNAL KNOWLEDGE. of female children when or not capital, 40. attempt particularly punishable, 9 Geo, 4, c. 31, s. 25, ib. CARRIERS. present liability of, 11 Geo. 4, and 1 Wm. 4, c. 68, 488 to 492. precautionary measures to be observed by, 486. decisions previous to 11 Geo. 4, and 1 Wm. 4, c. 68, notices, 486, 487. forms of carriers' notices previous to 11 Geo. 4, c. 1, s. 4, 487. present mode of limiting carrier's liability, 488. express special contract given effect to by act, 490. action may be brought against one proprietor only, ib. no plea in abatement for non-joinder of others, ib. rates of carriage of gold and silver coin, jewellery, &c. ib. form of notices of same, ib. have not a general lien for carriage of successive packages, 491. unless expressly so stipulated and customer acquiesces, ib. what an implied acquiescence, 492. suggested form of agreement for general lien, ib. CASE. CAT. special, statement of, may be compelled by mandamus when sessions have agreed that there should be one, 793. unless it appear that it will be of no utility to state it, ib, or sessions have not agreed to state one, ib. when not protected by law, 88. CATCHING BARGAINS. when relieved against in equity, 458. when at law by giving only real damages, ib. CAUSE OF ACTION. statute of limitations, how construed, 765, 766. CERTAINTY. what requisite in contract, 123. when want of, prevents decree of specific performance, 828 to 831. CHALLENGES AND FIGHTS, 36. defined and how punished, 26, how prevented, 36, 674. prize fights, duty of justices and peace officers to prevent, 36, (g), 673. CHAPEL, 164. CHARACTERS OF SERVANTS, 78. giving of, 78, 7 Bing. 105. slander of, 78, 45, 46. CHASE, 222. CHILD. See Index, first part, tit. Children and Parent and Child; post, tit. Parent demand of restoration of, 564. form of demand, 565. recaption of, by parent or guardian, when allowed, 639. CHOSES IN ACTION. See first part, Index, Choses in Action. contracts relating to, when specifically enforced, 857, 858. CHURCH, CHAPEL AND CHURCH-YARD, 51, 164. |