protected from larceny and malicious injuries, 93, 94, 410, 411.
FUGITIVE DEBTOR.

proceeding against, 735.

FUNDS, 96, 97. See Stock.

property in, 96, 97.

FUNERAL EXPENSES.

amount of, should not exceed 201. if deceased insolvent, 514.

if otherwise, according to his rank, ib.

executor or administrator may retain for, 534.

GAME ACT. See tit. Game, Hares, Night Poaching, Preserves, Warrens, in Inder to

Part First, 421.

GOOD-WILL.

contracts for sale of and relating to, when or rot specifically enforced, 858, 859.

GRANTS AND GIFTS, 309. See Gifts and Grants.

of personalty, 104 to 108.

equitable interest in personalty, distinctions, 365.

of real property, 309.

GRANTS OF KING, 341.

GRASS, NATURAL, 92.

not emblements, ib.

GROUND.

adjoining or belonging to a dwelling-house, 178, 179.

GROWING CROPS, 91.

GUARANTEES, 126. See Index, Part First, titles, Guarantees, Contract, Surety.

GUARDIAN. See First Part, Index, titles, Guardian, Parent and Child, 422.

may legally detain clothes of ward eloping, 617.

may recover possession of ward by petition, without filing bill, 788.
Injunction, 702.

how to constitute a child ward of court, 810, 702, n. (o).

HABEAS CORPUS. See Imprisonment.

enactments of statutes, 684 to 687.

summary relief from imprisonment by, 684 to 695.

any one may obtain writ of, 684.

whether imprisoned legally or illegally, ib.

except in cases of treason or capital felony plainly stated in commitment, 685.
returnable immediately before chancellor, ib.

or Court of King's Bench in term time, ib.

or judges or barons in vacation, ib.

who may issue writ of, ib.

affidavit to obtain, must show reasonable ground for issuing it, 686, 687.

if judge, &c. refuse writ, penalty 500l., 686.

even if refusal proceed on honest doubt, ib.

by 31 Car. 2, c. 2, writ to be obeyed immediately, ib.

mode of obtaining writ, ib.

by 56 Geo. 3, c. 100, may be issued in vacation, ib.

who may obtain it, 689.

alien enemy cannot, ib.

but other alien may, ib.

person committed for contempt by House of Lords or Commons cannot, ib.

nor if committed by rule of court, ib.

person illegally imprisoned in madhonse may, ib.

seaman improperly impressed may, ib.

married women may when, ib.

or person on her behalf, 690.

when husband may have writ, ib.

when an infant child may, ib.

or father on behalf of, ib.

on behalf of apprentice, 70, 690.

master on behalf of apprentice, when not, 690, 691, 700.

practical proceedings to obtain writ of, 691.

form of written request to judge to issue, ib.

present practice on application to Chancellor, 694.

practice of discharging a party on summary application, ib.

See

a parent or guardian may enforce restoration of his ward by petition, without filing

a bill, 788, n. (b).

how to constitute an infant a ward in chancery, 702, n. (o).

HARBOURING.

demand of wife, child, apprentice or servant before action, 565,

HARBOURS AND PORTS, 200.

HARES, 89. See Index, first part, Game, Animals.

HARE WARREN. See Game, Animals.

HAY-BOTE, 260.

HEALTH, 42. See Nuisances.

injuries to, and remedies in general, 42, 43. See further Analytical Table.

HEALTH-(continued.)

mala praxis and remedies, 42, 43.

selling stale beer as foreign wine, 6 Mod. 301; but see 2 Burr. 1125, and Burn's J.
tit. Cheat.

HEDGE-BOTE, 260.

HEDGES, FENCES AND DITCHES, Inder, part first, Hedges. See Boundaries.
HEIR, 276, 278. See Descent, 276.

devise to, how it operates, 363.

HEIR LOOMS, 95.

should be preserved, 512.

not to be applied in payment of debts, ib.
unless deficiency of assets, ib.

how specific delivery of, enforced in equity, 855.
HERBAGE, prima tonsura, &c. 181.

HERBS, 93.

HEREDITAMENTS, 153.

defined, and what that term comprehends, 153.
devise of, when does not pass the fee, 159.

HERIOT.

distress or seizure for, 665.

HIGHWAYS, 200. See Mandamus.

HOMICIDE, 33. See Murder, Inder, part first.

when homicide or an inferior injury is justifiable, 589, &c.

when killing amounts to manslaughter, ib.

no prevention of crime, which, if completed, would amount to felony, ib.
the resisted felony must have been of a forcible nature, 590.

any one may interfere to prevent it, ib.

where homicide or inferior injury justifiable, in defence of

1. Person, 589 to 597.

2. Personal property, 597 to 599.

3. Real property, 599.

HORSES, 131, 133, 137. See Animals, and Horses, Index, part first.
HOSTILITIES, ANTICIPATION OF.

preliminary steps to be taken before, 561 to 585.

HOUSE, 167, 168. See Burglary, Dwelling-house, Messuage.
may be broken open to prevent murder, 590.

may be pulled down though a neighbour's fall, 653.
HOUSE-BOTES, 259.

HOUSE-BREAKING. See Burglary.

in day-time no longer punishable capitally, 2 & 3 Wm. 4, c. 62, 132.
HUNDRED, 137. See Index to part first, tit. Hundred.

when liable for felonious and tumultuous damage to personalty, 137.

destruction of what buildings, 172, 173, 410.

proceedings against, to be observed, 576.

to realty, 411.

person damnified (or servant) must make oath and submit to be examined within
seven days, 577..

and enter into recognizance to prosecute, ib.

the seven days exclusive of day of damage, 578.

before what justice the examination to be taken, ib.

his liability in case of refusal upon proper request, ib.

who to be examined, 578, 579.

the oath, 579.

suggested form of, 580.

the examination, ib.

suggested form of, 581.

form of memorandum by justice of party's readiness to be examined and enter
into recognizance, ib.

form of recognizance, ib.

form of justice's notice of party having entered into recognizance to prose-

cute, ib.

HUSBAND AND WIFE. See Index to part first, tit. Husband and Wife, 423.
rights, duties, and liabilities of, 53.

notice by husband not to trust wife, 441:

demand of wife when harboured, 565, 566.

demand of goods purchased by a wife where husband has not affirmed contract,

582.

articles of peace against husband, 681 to 684.

suit in Ecclesiastical Court for cruelty, 684.
divorce on account of cruelty, ib.

injunction relating to, 702.

compelling maintenance, 806.

suits for legacies, 815 to 818.

coverture of either party, when or not ground for refusing specific performance,
826, 827.

restitution of conjugal rights specifically enforced in Spiritual Courts, 788, 789.
but contract to marry not specifically enforced, 788.

marriage articles specifically decreed, 850.

IGNORANCE.

when it affects validity of contract and prevents decree of specific performance,

833.

ILLEGAL DAMAGING.

of personal property of a civil or criminal nature, 135.

ILLEGAL DETENTIONS, 185.

ILLEGAL IMPRISONMENT. See Imprisonment.
compensation for, 49.

ILLEGAL TAKINGS.

of personal property, 130.

IMPRISONMENT, ante, tit. False Imprisonment, see post, Habeas Corpus, (Index to
part first, like title), Imprisonment, Malicious Arrest, Prosecution, Habeas
Corpus.

considered by Lord Holt a provocation to all mankind, and therefore third persons
may interfere, 615.

when strangers may interfere to prevent unlawful, ib.

when lawful to resist, 633 to 635.

when not, ib.

of the necessity for submitting to lawful imprisonment, 637.

the imprudence of resistance, 638.

of habeas corpus to relieve from, 684 to 695. See Habeas Corpus.

discharge from, upon summary application, 694, 695.

IMPROVEMENTS.

defined, 174.

when not removeable, ib.

INABILITY OF VENDOR. See Vendor and Purchaser, Specific Performance.

INCORPOREAL REAL PROPERTY. See Index, Part I., same title.

suits for legacies, 816.

infancy of either party ground for refusing specific performance, 825.
inability to contract as respects suits for specific performance, ib.

INFERIOR COURTS AND JUDGES THEREOF. See Mandamus.

mandamus lies to compel justices of the peace and other ministerial officers to
perform duties, 795.

writ issues to compel justices to give judgment on an information of seizure, 795.
to hear an application of journeymen millers to make a rate, ib.

or hear any other matter required by statute to hear, ib.

to hear complaint respecting nonpayment of a church rate, ib.

to sheriff to compel him to enter plaint in replevin, ib.

to justices to make compensation to sheriff in lieu of abolished gaol fees, 796.

to commissioners of bankrupt to issue their warrant for further examination, ib.

to arbitrators under canal act to appoint umpire, ib.

to a visitor to hear an appeal and give judgment, ib.

to compel inferior court to give judgment, ib.

but not to grant a new trial unless former one a nullity, ib.

to a canal company in a local act to assess value of land taken by them, ib.

but not unless application made in reasonable time, ib.

may be issued to compel justices to allow expenses sustained by appellant
parish, ib.

also lies to compel warden of a college to affix corporate seal to an answer in
Chancery, ib.

but will not be granted unless act required to be done clearly within the act, or

duty to be performed, ib.

nor to perform act subjecting justices to an action, ib.

not to dismiss an appeal, ib.

or to rehear an appeal after judgment at sessions, ib.

would be otherwise if no judgment given, ib.

nor to compel justices to come to a particular prescribed decision, ib.

but lies when justices at sessions decided they had no jurisdiction when they had,

and so dismissed the appeal, ib.

will not issue to compel the rehearing of an appeal, ib.

will not lie to review a decision on ground that a wrong decision had been come
to, 797.

nor if a party had omitted to give any notice of appeal, ib.

will not lie to compel justices to proceed upon an order of removal which they
had previously by order suspended, ib.

nor to proceed where they legally could not do so,

ib.

nor to regulate the practice of the quarter sessions, ib.
unless it manifestly appear wrong or unjust, ib.

nor to compel a bishop to state his reasons for refusing to admit a party as deputy
register, ib.

nor to compel mayor of a town corporate to propose a resolution for repealing cer-
tain bye-laws, ib.

when justices have discretionary power court of K. B. will not interfere, ib.

INFORMATION. See Criminal Information.

INFRA DIGNITATEM.

application of rule in equity, 823.