CHURCH AND CHURCH-RATE.

no writ of mandamus lies to compel the making a rate, 793.

but may issue under 10 Anne, c. 11, s. 21, to assemble a meeting to inquire and
agree upon one, ib.

may issue to justices to hear complaint for non-payment of church-rate, 795.

CHURCHWARDENS. See Mandamus.

writ of mandamus lies to swear in a churchwarden, 793.

but not to elect new ones in one instance, ib.

though granted in another, ib.

but lies to compel production of his accounts, ib.
CHURCH-YARD, 51, 164.

CIVIL TAKINGS.

of personal property, 130.
without crime, ib.

resistance of, 597, 598.
remedy by recaption, 641.

CIVILITY. See Courtesy.

expediency of, antecedent to litigation, 439, n. (g), 561, 562, 862, 863.
CLERGY.

limitation of claims relating to, 2 & 3 Wm. 4, c. 71, &c. 100, 747.
CLERKS, 80. See Master and Servant.

discharge of, 81.

embezzlement by, 133, 134.

CLOSE,

term defined, 160.

COMMISSION.

to fix boundaries, 455, 456, 722.

COMMISSIONERS OF SEWERS.

when cannot sue, 239.

COMMON, Right of. See first part, Index, Commons.
operation of statute of limitations respecting, 745, 758.

injuries to, how abated, 651, 652, 395.

2 & 3 Wm. 4, c. 71, limiting rights to, 745.

twenty years' user, effect of, 757.

COMMON OF FISHERY, 224.

COMPANY.

injunction against, to compel performance of works in least injurious manner, 725.
when mandamus will or not issue to, 789, 790, 799 (y).

bill for specific performance against, will not lie unless the duty and rights were
mutual, 827, 828.

COMPENSATIONS.

for batteries and wounds, 38.

for illegal imprisonment, 49.

when a purchaser is compellable to accept, 842 to 844.

when and what allowed to a purchaser for deterioration, &c. 865, 868.

COMPROMISE.

when legal, of a public offence, 17, 3 Bar. & Adolp. 237.

when may be by an executor, 532.

CONCEALMENTS.

of birth, offence of, 35. See also Rex v. Southern, 1 Burn, J., 26th edit. 611, S. P.
consequences of, in equity, 833, 837 to 839.

when or not amount to fraud, 837, 838.

CONDITION PRECEDENT.

what amount to, 493 to 496.

modes of performing same, 493.

sufficient to send a draft of intended deed, when, &c. 494, 495,

when even that is dispensed with, 495.

notice of performance of, when and how, 496.

CONDITIONS OF SALE. See Advertisement, Contract.

of an estate, 295.

what not a material misrepresentation in, 836.

CONFIDENCE.

breach of, prevented by injunction, 714.
CONFIRMATION.

conveyance by, 315.

CONIES, 89. See Rabbits.
how protected, 89.

when may or not be killed, 612.
CONSTABLE. See Apprehension.
duty to prevent prize fight, 673.
or other breach of peace, 672, 673.
duty under a warrant, 673.

protection under statute of limitations, 771 to 774.

protected by, although he did not act bona fide, 773.

mandamus may be issued to compel hearing an appeal against constable's
account, 793.

but only when majority of overseers concurred in appeal, ib.

special constables, appointment of, 672.

CONTRACTS, 112 to 130. See Agreement, Injunctions, Specific Performance, and

Index, first part, tit. Contracts, 419.

precautions to be observed in cases of, 457, 458, 114 to 124.

mistakes in, when aided or reformed, 458.

conditions precedent, what, in case of, 493.

when a notice is requisite in cases of, 496.

when a request or demand is necessary or advisable, 497.

delivery of proper security compelled, 710.

breach of contract prevented by injunction, 711.

as to personal property, when, 711 to 713.
as to real property, 713, 714.

injunctions to prevent breach of, 704 to 731.

Specific performance of, when or not decreed, 820 to 868. See Specific Per-
formance.

parties must have been competent to contract, 825, to 867.

mutually binding essential, 827.

must have been certain in its terms and exceptions, 828.

illegality vitiates, 831.

when or not enforced, 821 to 868. See Specific Performance.

part performance, operation of, 832.

CONTUSIONS.

what, 37.

CONVERSION. See Trover.

when constituted, 565, 566.

demand of goods, 565.

CONVEYANCES. See first part, Index, Conveyance, Deeds, Alienation, Vendor and

Purchaser.

by infant, feme covert, or lunatic when decreed or dispensed with, 815.
CONVEYING WORDS, 302.

CONVICTIONS.

within what time, 784, 785.

mandamus will issue to compel magistrates to set out evidence in, 793.
but not to enforce, when validity doubtful, 794.

COPYHOLD. See Admission, Admittance, and first part, Index, Copyhold.
mandamus lies to lord or steward to compel an admission to, 794..

or to admit a purchaser, ib.

or a devisee, 794.

or even an heir, ib.

mandamus lies to inspect court rolls when or not, 810.

N. B. The Vice-Chancellor's decision in King v. Turner, referred to ante, 365,
was, on 22d May 1833, overruled by the Chancellor, who agreed with K. B.
in Right v. Banks, 3 Bar. & Adol. 664.

COPYRIGHT, 98. See first part, Analytical Table,
injuries to and remedies for, 139, and note.
injunction against infringement of, 718.

when Court of Equity will interfere to protect, 719.

CORN RENTS, 229.

CORODIES, 225,

INDEX.

CORPORATIONS.

when bound by statute of limitations, 2 & 3 Wm. 4, c. 71, 745.

when have no goods, K. B. will compel payment of public rate (as poor rate) by
mandamus, 802.

so a corporation in case of clear liability may be by mandamus compelled to repair
bridge, 790, 791, note (m).

but not if obligation be disputable, 791.

when mandamus will or not issue to a trading corporation, 789, 790.

when or not to elect, admit, or restore, officers, 798.

CORPOREAL AND INCORPOREAL PROPERTY.
distinguished, 150, 203.

titles or modes of acquiring right to, 272. See Titles.
CORRECTION.

of children, 64.

of apprentices, 71.

must be moderate, 34, 35, 64, 71.

not of servants, 73.

of sailors, when allowed, 173, 1 Cromp. & Jer. 291.

COSTS. See Index to first part, tit. Costs.

how far affected by precautionary measures, 438, 439, 498, 499, 561, 562.
when costs in equity are recoverable at law, 498, 499.

when allowed to an executor or administrator, 529 to 532, 558, 559.

of setting off judgment and costs against, 669.

costs relating to mandamus, 807 to 810.

court will refuse writ of mandamus to levy a rate for costs, unless the power to
award them be clear, 795.

Costs as to bill for specific performance, 861, note (y), 862, 863, 868.

COURTS.

when for the benefit of suitors mandamus lies to enforce the holding of, 794.

and this even to the place of holding, ib.

writ issues to compel the holding of a copyhold court, 795.

COURT OF EQUITY. See Injunction, Specific Performance, Specific Relief.
has extensive jurisdiction to prevent private injuries, &c. 695.

but will not interfere to prevent a crime, 697.

or publication of a libel, ib.

construction of statutes of limitation in, 775 to 782.

COURTS, INFERIOR.

mandamus to, 795.

COURT ROLLS. See Copyhold.

mandamus for a lord of manor against steward to compel delivery of, 792.
or for the judge of a court against officer, ib.

inspection of, will be enforced by mandamus, 810, 811.

but not where party applying claims the possession, ib.

COURT YARDS, 176.

COURTESY. See Civility.

Expediency for evincing, 439, note (g), 561, 562, 862, 863.
in applying for mandamus, 807 to 810.

COVENANTS. See Contracts, Conveyances, Deeds, Specific Performance.
expediency of, preliminary to actual conveyance, 293.

to stand seised to uses, 324.

for title and quiet enjoyment, 341 to 345.

when breach of, ground for refusing specific performance, 845.

COWS. See Animals, Horses.

stealing of, no longer punishable capitally, 132.

3 M

CRIMES (continued.)

prevention of, by lunatics, 670.

by justices and peace officers, 672, 673. See Justices.
but no other preventive process at law, ib.

nor will injunction issue to prevent libel or crime except for infant, 697.
inspection of documents not enforced against party in case of, 811, (k).

CRIMINAL INFORMATION.

against magistrate must be moved for in first term, 738, 785.
when must be moved against other person, 785, 786.

CRIMINAL INJURIES. See first part, Index, Criminal Injuries.

CRIMINAL TAKINGS.

of personal property, 131.
CROPS, 91, 93. See Emblement.
CRUELTY. See Child.

to infant, &c. 34.

to animals, 3 G. 4, c. 71, 137.

does not extend to bull-baiting, ib.

semble, any malicious injury now within 7 & 8 Geo. 4, c. 30, s. 24, as unneces-
sarily injuring a dog, 625.

CUJUS EST SOLUM EJUS EST USQUE AD CŒLUM, 180.

CURIA CLAUDENDA.

writ of, 820.

CURTILAGE, 175.

defined, ib.

limited, ib.

but still a higher offence to steal within, 176.

CUSTOM-HOUSE OFFICER.

limitation of action against, three lunar months, 743, (n), 722.

CUSTOMS. See first part, Index, Customs,

twenty years' uninterrupted enjoyment evidence of, 757,

enactments of 2 & 3 Wm. 4, c. 71, as to what length of enjoyment shall perfect
right, 745, 764, note (y).

when the king, ecclesiastical person, and corporation bound, 745, 746.

DAMAGE FEASANT.

when or not advisable to distrain, 656.

who may distrain damage feasant, ib.

should first ascertain whether distress justifiable, 637.

cattle must be taken in act of doing damage, ib.

cannot be impounded after tender of amends, 658.

must not be beaten or worked, &c. 659.

notice to owner of distress damage feasant, ib.

DAMAGE, ILLEGAL, TO GOODS.

remedies for, 135.

DAMAGES.

when amount to be recovered increased by precautionary measures, 438, 561.
treble, how calculated, 27.

wilful or malicious, not exceeding 51. to personal property, when punishable
summarily, 136, 407, 408,

DECREE. See Injunction, Specific Performance.

DEEDS. See first part, Index, Deeds. See Conveyances, Vendor and Purchaser.
injunction to compel delivery up of, 709.

to order proper deeds to be executed and delivered, 710, 711, 815.

deposit of, as security, 333.

necessary notices in case of, 460 to 472.

deeds relating to conveyances, 321.

DEFENCE AGAINST INJURIES.

mode of defence in general, moderate and not using dangerous instrument, 587,
588.

what are the means and degrees allowed in general, 587 to 589.

First, Of Person, 589 to 597.

when even homicide in self-defence is justifiable, 589.

when excusable, 589.

when a felony was intended, 589, 590.

when it was reasonably apprehended, 591.

when no felony was intended or apprehended, 592.

what must be the means and degree of defence, 592 to 597.

retaliation not allowed, 596.

personal combat, ib.

defence against animals or to save life, 597.

when defence of person by relative, &c. allowed, 613.

Secondly, Of Personal Property, 597.

the means and degree of defence allowed, 597 to 599.

Thirdly, Of Real Property, 599.

when a forcible felony, ib.

when a forcible ejectment, ib.

no dangerons weapon to be used, 602.

what force may be used to expel, 602, 603.

what preventions may be placed on land, 603.

a dog, &c. but with what notice, 603, 604.

other danger, 605.

not killing poultry, &c. 606, 607.

not killing dog, 607.

not spring guns, 608.

dog-spears, 608 to 611.