REPLEVIN, (continued).

Is a plea in bar, 633.

Statute of limitations, 633.

Must be actio non accrevit, &c. 633.
Justifications under certain statutes, 633.

AVOWRY AND COGNISANCE.

Must shew a good title in omnibus, 638.

Several may be pleaded under stat. 16 Anne, c. 16, 633.

Need not be averred, 634.

Distinction between, 634.

"Well avows," instead of "well acknowledges," matter of form only, 634.
The command in cognisance traversable, 634.

But one jointenant, &c. has authority without express command, 634.

Who must join in.

Tenants in common must sever in avowry for rent, 684.

Aliter for damage feasant, 634.

Parceners and jointenants must join in avowry, 634.

Husband and wife may join in avowry for rent jure uxoris, 634.

Or the husband may avow alone, 634.

For rent arrear.

What it was necessary to state in, at common law, 634, 635.

Stat. 11 Geo. 2, c. 19, 635.

But it may still be advisable in some cases to avow as at common law, 635
Avowries for damage feasant or rent charges not within the stat. 635.

Exact amount of rent due need not be stated, 635, 636.

Nor that rent is still due, 636.

But terms of tenancy must be exactly stated, 636.

Where distress has been made under authority of certain statutes, avowry is special, 636.

11 Geo. 2, c. 19, cattle clandestinely conveyed away, 636.

8 Anne, c. 14, on distress, within six months after tenancy expired, 636.

Form of avowry under stat. S2 H. 8, c. 37, 636.

For damage feasant.

Title set forth, 636.

But" defendant's soil and freehold" sufficient, 637.

That defendant was "seised" too general, 637.

So that he was possessed of a messuage, and lawfully entitled to common in the locus in
quo, 637.

By tenant for years, 637.

By husband jure uxoris, 637.

By force of a warrant, &c.

General avowry under certain statutes, 637.

For an amercement or customary demand, 637, 638.

PLEAS IN BAR.

To avowry for rent arrear.

Non demisit, 638.

Non tenuit, 638.

What is evidence under.

Exact amount of rent due need not be proved, 638.

Where plaintiff did not come in under avowant, that the rent was paid by mistake, 638.

That defendant's title had expired, 638.

That plaintiff occupied under agreement for lease, 638.

Nil habuit in tenementis bad plea, 638.

Riens in arrear, 638.

Only puts in issue the satisfaction of the rent, 638.

Payment of rent to mortgagee with defendant's assent, 639.
As to part, and tender as to rest, 639.

Eviction, 639,

Tender, 639.

Money need not be brought into court, 659.

Under stat. 11 G. 2, c. 19, as to distress for growing crops, 639.

De injuriâ, &c. 639.

Non est factum, 639.

Abuse of distress, 639.

Not in cases of distress for rent, 640.

Former distress, 640.

Statute of limitations, 32 H. 8, c. 2, 640.

Where there are several avowries or pleas in bar, and some found for plaintiff and some
for defendant, 644, 645.

In case of judgment non obstante veredicto, 645.

For return irreplevisable at common law, 645.

And for damages and costs in cases under stat. H. 8, 646.

For arrears of rent and costs under stat. 17 Car. 2, c. 7, 646, 647.

Inquiry need only be of the sum in arrear, and not of the value of the distress, 647.
Defendant may still have the common law judgment for a return in addition, 647.
Fifteen days' notice of execution of writ of inquiry, 647.

After verdict.

For return irreplevisable at common law, 647.

And for damages and costs in cases under stat. H. 8, 647.
Omission to find supplied by writ of inquiry, 647.

For arrears of rent and costs under stat. 17 Car. 2, c. 7, 648.

Omission to find cannot be supplied by writ of inquiry, 648.

But defendant may waive the benefit of the stat. and take a judgment at common
law, 648.

After nonsuit of the plaintiff at common law, 648.

For return, but not irreplevisable, 648.

Writ of second deliverance, 648. (See post.)

For damages and costs, in cases within stat. H. 8, 648.

After nonsuit before issue joined under stat. 17 Car. 2, c. 7, 649.

Writ of inquiry for rent in arrear, as well as the value of the distress, 649.

No suggestion necessary, if defendant has previously avowed, 649.
dant may also enter judgment for return at common law, 649.
Aserepeat, after issue joined under stat. 17 Car. 2, c.7, 650.
pleaded

Writ of retorno habendo, 650.

Proceedings where the cattle are eloigned, 650, 651.

Ca. sa., fi. fa., or elegit, for damages and costs, under statutes 17 H. 8, 651.

Fi. fa. or elegit for arrearages of rent and costs under stat. 17 Car. 2, c. 7, 651.
Quare whether ca. sa. under that stat. 651.

At common law, judgment for return after nonsuit, not irreplevisable, 653.

Stat. West. 2, c. 2, 653.

Operates as a supersedeas to the writ of retorno habendo, 654.

But not to writ of inquiry under stat. Hen. 8, 654.

Nor to writ of inquiry under stat. 17 Car. 2, c. 17, 654.

Defendant may make cognisance, 654.

Judgment in for return irreplevisable, 654.

But in case of distress damage feasant detinue will lie, after tender of amends, 654, 655.
PROCEEDINGS AGAINST THE SURETIES. (See ante as to the Bonds.)

Construction of the condition to prosecute with effect, 655.

Means with success, and extends to all the proceedings, 655.

Where suit is stayed by injunction, no breach, 655.

Whether to prosecute with effect, and to make a return, are independant conditions, 655.
Whether judgment under stat. 17 Car. 2, is a waiver of the retorno habendo, and of the con-
dition to make a return, 655, 656.

Who may take assignment of the bond, 656.

In what court action may be brought, 656.

Declaration, 656, 657.

Plea and defence, 657.

Sureties only liable to amount of penalty of bond and costs of action, 657.

Cannot plead time given to principal, 657.

Nor that plaintiff has taken judgment under stat. 17 C. 2, c. 7, 657.

Plea of fraud, 657.

Replication, 658.

Writ of inquiry unnecessary, 658.

Relief by rule under stat. 11 Geo. 2, c. 19, 658.

PROCEEDINGS AGAINST THE Sheriff.

Attachment cannot be had, 658.

By whom the action must be brought, 658.

Action may be maintained after assignment of replevin bond, 658.

Extent to which the sheriff is liable, 659.

Evidence requisite.

Of the replevying, 659.

Replevin bond need not be proved when produced, 660.

Of insufficiency of sureties, 660.

RESTITUTION on error, in REAL ACTION, 350.

RETORNO HABENDO, writ of, 650. (See title Replevin.)
REVERSIONER.

In tail cannot create discontinuance, 44, 46.

May have assise on ouster of his tenant for years, 64.

May enter in name of his tenant to avoid a fine, 80.

Death of, does not toll entry where preceding estate is for life, 81.

Aliter where it is for years, 82.

May enter to make claim on ouster of his tenant for years and disseisin of himself, 87.

Entry of, when preserved, after disseisin by stat. 32 H. 8, c. 33, 87.

What writs of entry he may have. (See title Entry, Writs of.)

When he may sue in waste, 107, 108, 109.

To what fixtures he is entitled, 115.

Cannot have deceit for non-summons of tenant for life, 137.

REVERSIONER, (continued).

Receit of, in real actions, 287.

When he may have error on judgment in real action, 346.
May have action for a nuisance injurious to reversion, 372.
Effect of fine levied by, 500.

When barred by the statute of limitations, 505.

Cannot have trespass before re-entry, 662.

When he may justify an entry upon the land demised, 687, 688.
REVOCATION OF WILL, proof of, 593.

RIENS IN ARREAR.

Plea of, in debt for rent, 475.

Plea in bar of, in replevin, 658.
RIGHT, WRIT OF.

Where applicable, 19.

Writs in the nature of writs of right, ib. 31.

WRITS OF RIght Proper, ib.

Right patent, 20.

Quia dominus remisit curiam, ib.
Præcipe in capite, 21.
Right of London, ib.
By whom brought, 22.
Seisin necessary, ib.
Against whom, ib.
For what, ib.

Limitation of, 10, 177.
Process in, 23.
Count in, 176.

Pleas in bar in, 215.

Jury process in, 297.

No damages in, 307.

Judgment in, 329.

RIGHT CLOSE IN ANCIENT DEMESNE.

Where it lies, 23.

How removed, 24.

Jury in, 24.

Foreign plea in, how tried, 24.
Copyholder cannot have it, 25.

RIGHT DE RATIONABILI PARTE.
By and against whom, 25.

No grand assise, 26.

View does not lie, 26.

Nor voucher, 26.

RIGHT OF ADVOWSON.

When necessary before stat. Westm. 2, 26.

Alterations made by that stat. 26.

And by stat. 7 Aune, c. 18, 27.

Never necessary to be resorted to now, 28.

Writ of right of advowson of tithes, 28.

RIGHT OF DOWER, 29. (See title Dower.)

RIGHT, WRITS IN THE NATURE OF WRITS OF

RIGHT, sur disclaimer, 31.

DE RATIONABILIBUS DIVISIS, ibid.

RIGHT OF WARD, ibid.

DE CONSUETUDINIBUS ET SERVITIIS, 32.

CESSAVIT, 32. (See title Cessarit.)

ESCHEAT, 34. (See title Escheat.)

NATIVO HABEndo, 35.

QUO JURE, 36.

SECTA AD MOLENDINUM, ibid.

NE INJUSTE VEXES, 37.

RIVER.

Public navigable, obstruction of for twenty years no bar, 359.
In the nature of a highway, 360, 366.

Fresh, to whom the soil belongs, 666.

SAVER DEFAULT.

Only necessary where the process is grand or petit cape, 168.
Before appearance or after, 168.

An infant feme covert, or vouchee, need not save a default, 168, 169.
What excuse sufficient, 169.

Usual excuse nou-summons, 169,

Wager of law of non-summons, 169.

How waged, 169.

Day given to perfect it, which must be in person, 169.

Essoign lies on that day, 169.

On default on adjournment day demandant has judgment, 169.

How perfected, 170.

Number of compurgators, 170.

In case of corporation, or where tenant is ill, trial may be by jury, 170.
Release of default, 170.

At what time it may be, 170.

When released appearance entered, 170.

Counting by demandant a release, 170.

So essoign by him at return of grand cape, 170.

Release to one of several jointenants release to all, 170.

What pleas the tenant may plead before saving his default, 170.

On default saved the writ abates, 170.

If tenant fails, demandant has judgment of seisin, 170.

SCHOOLMASTER having freehold office, how ejected, 525.

SCIRE FACIAS. (See title Terrelenants.)

General non-tenure, no plea in, 192.

Special non-tenure good, 192.

Jointenancy, plea of in, 200.

To revive judgment in real actions, 343.

After recovery in quare impedit, where a clerk has been admitted pendente lite, 345.
In ejectment, 611.

SECOND DELIVERANCE, writ of, 653. (See title Replevin.)

SECTA AD MOLENDINUM.

Writ of, 36.

Process in, 151.

ACTION ON THE CASE IN THE NATURE OF, 357.

What customs are good as to suit to a mill, 357.

Who are bound by, 358.

Owner of mill bound to keep it in order, 358.
Declaration in, 375.

Plea in, 379.

Evidence in, 379, note (i).

SEISIN.