EXECUTORS AND ADMINISTRATORS-(continued.)

optional to take advantage of stat, lim. 530, 782.

but equity will sometimes direct that defence to be set up, 530, 782.
13. When costs allowed to executor or administrator, 531.

would be when action bona fide brought or defended, ib.

but not where misconduct or false account given by him, ih.
if false plea pleaded, would be personally liable to costs, ib.

but costs generally allowed out of the estate, unless guilty of miscon-
duct, ib.

14. When executor should not submit to arbitration, 532.

or compromise, ib.

or give time, ib.

liability of executor or administrator in these cases, ib.
15. When he may pay all creditors equally, ib.

or give a preference, 543.

when and how to prevent preference, 545.

no preference or retainer as to legatees, 552.
16. Should at all times be ready to account, ib.

17. What are assets in hands of executor, ib.

debts due to estate and choses in action are not till received, 533.

property vested in trustee for others is not, ib.

though legal interest vested in him, ib.

lands devised for payment of debts and legacies not legal assets, ib.

18. Conduct when executor has some assets, but not sufficient to pay entire
debt, 534.

not liable to costs for retaining such assets, ib.

19. When executor may legally retain for debt due to himself, ib.

may for reasonable funeral and testamentary expenses incurred by him, ib.

and debts legally paid by him out of his own pocket, ib.

and debt due to himself, before creditor of equal degree, ib.

but not from creditor of higher degree, ib.

may though his debt barred by statute of limitations, ib.

but cannot gain a priority by retaining in case of legacies, 552.

20. The order in which executor or administrator should pay debts and le-
gacies, 535 to 553.

1. Funeral expenses, 536.

2. Expense of proving will or obtaining administration, ib.

3. Debts due to Crown by specialty or record, ib.

4. Debts secured by statute, 537.

5. Debts of record, ib.

6. Recognizances and statutes merchant and staple, 538.

7. Rent and covenants and contracts of tenants, 539.

8. Debts or other unliquidated demands, 540.

9. Simple contract debts, 541.

dilapidations by ecclesiastical person, 547.
legacy duties, ib.

specific legacies and general legacies, 548 to 552.

21. Executor's power to give a preference to creditor in equal degree, 543.

22. Of controlling that power in equity, 545.

by bill filed by any creditor on behalf of himself and others, ib.

23. Legacy duty to be next paid out of assets, 547.

before payment of legacies, ib.

or division of residue, ib.

if not paid will become personal debt of executor, ib.

and of legatee,

ib.

if executor pay legacy without deducting it, he may recover same from le-
gatee, ib.

24. Payment of legacies, 548.

of securing payment of legacies and residue, 551, 715.
proceedings on administration bond, when, 552.

no retainer, priority, or preference amongst legatees, ib.

25. Remuneration to executor for trouble, &c. 553.
not entitled to, unless expressly bequeathed, ib.

therefore the law gives him undisposed of residue, ib.
unless contrary intention expressed by testator, ib.

executor in India allowed 51. per cent. ib.

executor with an annuity allowed expense of collecting rents, ib.
and sometimes expense of an accountant, ib.

and of a solicitor's assistance, ib.

EXECUTORS AND ADMINISTRATORS—(continued.)

but not for carrying on trade as surviving partner and executor, 553.
his allowance of interest in some cases, ib.

26. Distribution and payment of residue, 554.

how to be made, ib.

concise advertisement for heir, 551.

like for next of kin, and other forms, 554, 555.

decree in Ecclesiastical Court, 817.

more complete jurisdiction in Chancery, 815 to 817.
suits more usual in Chancery, ib.

27. Defending and bringing actions, 555.

who to sue, ib.

the process, ib.

the declaration, ib.

the pleas, &c. 556.

the evidence, 560.

the costs, 529 to 532, 558, 559.

proceedings against executors to prevent waste, 715, 716.
proceedings for legacies, distribution, &c. 812, 815 to 817.
injunctions by legatee to prevent waste, 715, 716.

EXECUTOR DE SON TORT.

cannot retain for his own debt, 526, 535.

and takes no benefit by his own wrongful act, 526.

may administer assets in due course of law, ib.

stands in other respects in same situation as lawful executor, ib.

may perform acts of humanity, 512.

such as burying deceased, ib.

providing necessaries for children of deceased, ib.

or for his cattle, ib.

EXPLANATION.

requiring one of ambiguous assault, 562.

or supposed insult or slander, ib.

in other cases, 564.

form of letter requiring one, ib.

EXPOSURE.

indecent, 40.

EXTINGUISHMENT.

what words sufficient to create a fresh grant, 156.

FALSE IMPRISONMENT. See Imprisonment, Habeas Corpus.

defined, 48.

remedy by escape, rescue, or prison breaking, when lawful, 633 to 639.
when by a third person, 615.

Habeas Corpus, when, 684 to 695.

FALSE PRETENCES. First Part, Index False Pretences.

notices of bills or notes, &c. having been obtained by, 445.

FAMILY ARRANGEMENTS, 67.

FATHER, 61. See Parent and Child.

FEE FARM RENTS, 228.

FEE SIMPLE. See Estate.
estate in, 245.

by what words created, 248.

FEE TAIL, 246. See Estate.

FELONY, what, 14.

what not a felonious taking, 131.

when felony merges or only suspends civil remedy, 10.

difference as to forcible felonies, with respect to modes of defence, &c. 589, 590,

of intended lessee, when court will not decree a lease to him, 844.

INDEX.

FEMALE CHILDREN.
carnal knowledge of, 40.
abduction of, ib.

FENCES, 193. See Hedges, 195 to 196.

injuries, not repairing, 382.

FEOFFMENT, 308.

at common law verbal, but altered by statutes against frauds, 292, 293.
in general, 308.

FIGHTS AND CHALLENGES, 36.
how punished, ib.

how prevented, 36, 672, 673.

FINES AND RECOVERIES.
alienation by, 341.

power of attorney to avoid same, and proceedings thereon, 575, 576.
entry to avoid, and ejectment after, 744, 745.

FINE, COPYHOLD.

not within statute of limitations, 764.

FIRE.

destruction of property purchased before conveyance, no excuse for nonpayment
of purchase money, 846.

aliter as to purchase deeds, ib.

ground for intended lessee refusing to accept lease, ib.

when no ground for equitable relief, ib.

FISH AND FISHERIES.

rights to, in general, 189 to 193, 197, 224.

form of notice not to fish, 452.

stakes, &c. may be placed to prevent fishing, 606.

how protected, 87 to 89.

stealing of, from water belonging to dwelling-house, 192, 193.

in general, 189 to 198, 224.

fish ponds, 193.

navigable rivers, 197, 198.

several fisheries, free fishing, common of fishery, 224.

FIXTURES, 94, 161. First Part, Index, Fixtures.

FOLD COURSES, 182.

FORCIBLE ENTRIES AND DETAINERS.
defined and civil remedies, 375 to 377.
criminal punishments, 401.

remedy by re-entry, 646, 647.

FORFEITURE. See First Part, Index, Forfeiture.

stipulations for, in leases, 478.

in an agreement for lease and ejectment for, 474, 475.
for nonpayment of rent, 480.

demand by landlord to create, 583.

in other cases, ib.

when equity will relieve against, 290, 871, 872.

when not, in case of rent, 482, 871, 872.

owner when not obliged to take immediate advantage of, 754.

FORGERY. First Part, Index, Forgery.

notices of, 448.

in general, 143.

instrument need not be available, ib.

capital punishment when taken away, ib.

FORMS.

of license to marry, 54.

of oath on application for, ib.
of publication of banns, 55.
of certificate of publication, ib.
of register of marriage, ib.

suggested terms of a marriage settlement, 58.

of clause in apprentice deed, 71.

of a will of personalty, 111.

of words to continue or revive an extinguished right, 156, 157, 214.

of table of distribution, 108 to 110.

of table of descent, 278.

of agreement for lease, 300.

of agreement for mortgage, ib.

of a will of land and personalty, 360.

of notice not to trust a wife, 441.

when wife has absented herself, 442.

where wife still resides with her husband, ib.

not to trust a son or daughter, ib.

of authority of agent having ceased, 443.

of public notice of dissolution of partnership, ib.

of private notice, 445.

not to give credit to a partner, 444.

by one partner to another of intention to dissolve partnership, pursuant

to a power in deed for that purpose, 445.

the like when partnership for indefinite time, ib.

that partnership will expire on named day, &c. ib.

of dissolution as to one and of new firm, 446.

of dissolution and that one partner will continue trade, ib.

that bills, &c. obtained by fraud, 448.

of forgery of acceptance or fraud, ib.

of felonious stealing or loss of bank notes, ib.

where bill of injunction has been filed, ib.

of apprentice, &c. illegally absenting himself, 450.

not to trespass, 452.

to ascertain any event, 454.

to tenants of a conveyance to a purchaser, 466.

of attornment before suit, ib.

by a mortgagee not to pay rent to mortgagor, 468.

of memorandum of acknowledgment of a deposit of deeds to create an
equitable mortgage, 469.

of an equitable mortgage by mere deposit of title deeds, 470.

by the trustee of a term for securing an annuity to pay him the rent for
satisfaction of arrears, &c. 471.

to quit by landlord to tenant from year to year, 483.

by agent for landlord, 484.

by landlord when commencement of term doubtful, ib.

the like more general, ib.

by a joint tenant to determine tenancy of a moiety, ib.

by tenant from year to year, of intention to quit, ib.

by agent to determine composition for tithes, ib.

pursuant to agreement in printed demise of a public house,
signed, &c. 485.

by a landlord to determine lease at end of first seven years, ib.
by carrier before 11 Geo. 4, and 1 Wm. 4, c. 68, 487.

another form, ib.

at a waggon office, stating what extra charge, when certain articles sent
are of more than 10%. value, 490.

on a card by waggon carrier, 491.

suggested form of agreement, stipulating for a lien and for a power of sale, 492.

the like for a general lien and power of sale, 493.

of notice that corn bought is ready for delivery, and request to take away the same
or that it will be resold, 496.

of request to execute counterpart of lease, 498.

of demand of payment, ib.

of dishonor of inland bill, 501.

of notice of nonpayment of a bill, &c. 502.

full form of same, ib.

of written notice of a tender, 508.

FORMS (continued.)

of second notice or request in above cases, 510.

of executor's declaration of assets as in lieu of inventory, 518.

of executor's account upon oath thereon, and annexed to declaration, 519.
of general notice on behalf of executor to pay debts, &c. 521.

like more concise, 522.

like under a decree, ib.

of executor's oath, 525.

of affidavit to obtain administration, 527.

of warrant, granting administration, ib.

of advertisement for an heir, 554.

like for next of kin, ib.

like for next of kin and heir, pursuant to decree, 555.

of letter in case of ambiguous slander, 564.

of demand of a wife, child, &c. illegally harboured, 565.

of demand of goods, &c. to precede a conversion, 566.

notice of a tree having been blown down, and of intention to remove same, 569.

notice to remove a nuisance, or that the party will himself remove, 570.

of demand of possession by landlord, on stat. 1 Geo. 4, c. 87, s. 1, 572.

entry upon, and demand of possession of land, &c. or to prevent the operation of

the statute 21 Jac. 1, c. 16, s. 1, 573.

power of attorney to make entry to avoid a fine, 575.

entry and demand thereupon, 576.

memorandum of the entry, ib.

of party's oath of a partial demolition and damage to goods, 580.

of an examination before a justice, 581.

justice's memorandum of party's readiness to be examined on oath and entering
into his recognizance, 581.

of a recognizance to prosecute for such felony, ib.

of justice's notice of his having entered into a recognizance to prosecute, ib.
of notice, claiming return of goods from an infant, 582.

of notice to an indemnifying party, 584.

of notice of traps, &c. having been set on grounds, 609.

of a notice of having removed an obstruction to an ancient window, and where
materials are deposited, 651.

of notice of having distrained, &c. cattle damage feasant, 659.

of notice of distress under 2 W. & M. sess. 1, c. 5, s. 2, and of having impounded,
&c. under 11 Geo. 2, c. 19, s. 10, 664,

of having distrained growing crops, on 11 Geo. 2, c. 19, s. 8, 664.

of a distress for the arrears of a rent charge, with express power of distress, ib.
information before justice to require sureties for keeping peace, 679.

of commitment thereupon for refusing sureties, ib.

articles of peace exhibited at sessions, Clerkenwell, Middlesex, ib.
of stating the threats, &c. 680.

articles of the peace by a wife against her husband, ib.

of articles of the peace at the Surrey sessions, on parchment, 681.

articles of the peace by a wife against her husband, in K. B. ib.

of written request to judge to issue au habeas corpus, 691.

to restrain working colliery, &c., render account, and deliver up possession, 724.
writ of injunction to stay cutting of trees, or other waste, 727.

writ of ne exeat regno, 733.

FOUND COMMITTING.

explanation of term, in power of apprehension, 617.

offender quickly pursued, when may be apprehended, ib.

when he may under vagrant act, 623.

when he may not under malicious injury act, 624, 625.

when he may upon quick pursuit, 625.

when apprehension not legal, 628 to 630.

FOWLS. See Animals.

poisoning, actionable, 137.

semble, punishable under general clause in malicious injury act, 7 & 8 Geo. 4, c. 30,

s. 24.

dog can only be killed while in the act of destroying, 598.

FOXHUNTING.

though tolerated, illegal, 612.

hunters may be warned off, like other trespassers, ib.

master or huntsman liable for aggregate damage, ib.

though he himself do not trespass, ib.