SEWERS, (continued).

Plea in bar to, 641.

Commissioners of, cannot maintain trespass q. c. f. 661, 662.
SEVERAL TENANCY, plea of, 196. (See title Abatement.)
SHERIFF.

Duty of on writ of redisseisin, 71, 72.

Duty of on writ of estrepement, 126.

Duty of in making summons in real actions, 147.

Duty of in executing writ of attachment, 151.

Duty of in executing writ of grand cape, 165.

Duty of in making deliverance in replevin, 625.

Duty of on receipt of writ of re. fa. lo. in replevin, 628.

Proceedings against for not taking sureties, or for taking insufficient sureties in replevin, 658 to
660. (See title Replevin.)

Justification by, under legal process, in trespass, 682. (See title Trespass.)

When he may break open outer and inner doors to execute process, 684, 685.

When he may enter the house of a stranger to execute process, 684, 685.

SINE ASSENSU CAPITULI, writ of entry of, 97.

SLANDER OF TITLE.

Action on the case lies, where special damage sustained, 590.

Wilfully publishing a false lease as a true one, 390.

Lies, though the words are spoken to a stranger, 390.

And though there is another remedy for the damage sustained, 390.

The words themselves must appear to impeach the title, 390.

The slander must go directly to defeat plaintiff's title, 391.

For heir apparent, 391.

Jointenants or coparceners may join in, 391.

Malice the gist of the action, 391.

Does not lie for words spoken bona fide by one claiming interest, 391.

Malice and want of probable cause, 393.

Interest of plaintiff must be proved as laid, 395.

Special damage, 393, 394.

Costs, though damages under 40s. 394.

SPECIAL DAMAGE.

Necessary in action for nuisance in highway, 366. (See title Way.)

Necessary in actions for slander of title, 390.

When and how recovered on rescinding contract for purchase of real property, 400, 401, 402.
In trespass, 671.

STAYING PROCEEDINGS.

In ejectment, 614 to 620. (See title Ejectment.)

In replevin, 652.

STYLE, old or new, 528, 529.

STATUTE MERCHANT, tenant by.

May have assise, 8.

Not liable for waste, 113.

May bring ejectment,

Evidence in, 596.

511.

STATUTE STÁ PLE, tenant by.

May have assise, 8.

Not liable for waste, 113.

May bring ejectment, 511.
Evidence in, 596.

SUMMONS in real actions.

Usually the first process in all real actions, 146.
Whether actual summons ought to be made, 146.
Modes of taking advantage of non-summons, 147.

Must be fifteen days between the teste and return, 147.

SUMMONS in real actions, (continued).

Must be served fifteen days before the return, 147.
Sheriff's duty on receiving the summons, 147.

Due service must be proved by two summoners, 147.
Should be in terrâ petitâ, 148.

Whether the tenant be there or not, 148.

Prayee in aid may be summoned there, 148.

In quare impedit, summons either at church door, or to the parson, 148.
Where lands in several towns, summons in one sufficient, 148.

Must be served before sun-set, 148.

Surest mode of serving summons, 148.

Proclamations on according to 31 Eliz. c. 3, s. 2, 148.

If no church in the parish, summons at common law sufficient, 149.

So if no sermon or prayers between delivery of writ and return, 149.

Where parish is in two counties, and the land in one and church in the other, proclamations
in that church by the sheriff of the county where the land lies, 149.

Where lands lie in several parishes, proclamations in one sufficient, 149.
Sheriff's return, 149.

As to the proclamations, 149.

May excuse himself for not summoning, 150.

By returning tardè, 150.

Or that no one came to shew the land, 150.

But not that the tenant has yielded the lands, 150.

Alias summons, 150.

If not summoned on it, wager of law of non-summons lies, 150.

Tenant may be essoigned on, after tardè returned on first summons, 150.
Deceit for non-summons, 136. (See that title.)

SUMMONS AND SEVERANCE in real actions.

Always before appearance, 172.

After appearance demandant is nonsuited without process, 172.

Nonsuit of one demandant in general not the nousuit of both, 172.

Where the writ is abated by the death of demandant who has been summoned and severed,
172.

In what actions it lies, 173.

Effect of recovery by other demandant after sum. and sev., 173.

SURETIES in replevin bond. (See title Replevin.)

Proceedings against, 655 to 658.

SURRENDER.

Of term, in law, 407, 410.

TENANTS IN COMMON.

How they must sue and be sued in real actions, 7, 9. (See titles Parties and Abatement.)
May have writ of partition, 130.

How vouched, 262.

Join in action for nuisance, 372.

Where they have joined in lease may join in use and occupation, 405.

One may sue alone in debt for double value, 479.

Demise by, how laid in ejectment, 550.

How they must avow in replevin, 634.

Must join in trespass quare clausum fregit, 665.

In trespass q. c.f. may plead non-joinder of cotenant in abatement, 668.

That defendants are tenants in common with plaintiff, good evidence under general issue in
trespass, 673.

Aliter that plaintiff is tenant in common with a third person, 674.

TENANT in REAL ACTIONS who must be made, 8, 9. (See titles Parties and Abatement.)
TENANT IN TAIL AFTER POSSIBILITY.

Not liable in waste, 112.

Aliter his assignee, 112.

That plaintiff became, pending the suit, pleaded in waste, 242.

TENDER.

Plea of, in covenant for rent, 462.

Plea of, in debt for rent, 475.

Plea in bar of, in replevin, 639.

Of amends in replevin for distress damage feasant, 641.
Of amends for involuntary trespass, 689.

TENEMENT not sufficiently certain in ejectment, 483.
TENET or TENUIT in waste, 123. (See title Waste.)

TERM.

Prior, pleaded in dower, 223.

Relief in equity, 223, note (d).

Where conveyance of presumed, 493 to 497. (See title Ejectment.)
Of years, how vested in assignees of bankrupts, 509.

TERMINI.

When stated in plea of right of way, 680. (See title Trespass.)
TERMOR.

May have assise of novel disseisin, 64.

Cannot be made tenant in real action, 8, 65.

His entry not tolled by descent, 85. (See title Entry.)
His possession the possession of the freeholder, 44, 85.
Refusing to restore lands is a disseisor at election, 63.
May enter in name of reversioner to avoid fine, 81.
Liable for waste, 110, 111, 112.

Receit of, 286, 289.

Feoffment and fine by, effect of, 498.

Fine by, effect of, 499.

Cannot have trespass before entry, 663.

TERRETENANTS.

How sued in deceit for non-summons, 137. (See title Deceit.)

How sued in deceit for impleading ancient demesne lands in C. P. 140.

One who is charged as, cannot disclaim, 194.

All must be named in assise of rent charge, 199.

Scire facias against, on error on judgment in real action, 348.

TIMBER, 117. (See titles Trees and Waste.)

TITHES.

Right of advowson of, 28.

Assise for, 68.

Action against owner of, for suffering them to remain on plaintiff's land, $56. (And see title
Nuisance.)

In what manner they ought to be set out, 356, 357.

Right of way to carry, 363.

Ejectment for, 487, 545. (See title Ejectment.)

TOLL.

Action by lord of manor for disturbance in collection of, 370.

Assise for, 68.

TOLT, writ of, writs of right, 20, 21.

TOUT TEMPS PRIST, plea of in dower, 224.

TREES.

What are timber trees, 117.

What is underwood and seasonable wood, 117.

When excepted out of demise not waste to cut them down, 120. (See title Waste.)

Aliter when only excepted by lessee in underlease, 112.

Overhanging the house of another a nuisance, 353, note (c).

When reserved in lease lessor may enter to shew them, 363.
In whom the ownership is, 666.

TRESPASS quare clausum fregit.

Nature of the injury, 661.

BY WHOM.

By tenant at will or at sufferance, any possession being sufficient against a wrong-doer, 661.
By persons having an interest or property in the soil, 661.

Commissioners of sewers, &c. have not such interest, 662.

Plaintiff must have been in actual possession, 662.

Heir at law, bargainee, conusee of a fine, surrenderee, devisee, reversioner cannot sue be-
fore entry, 662.

Nor parson

before induction, 662.

But lessor may have trespass before entry on death of tenant at will, 663.

So where tenant at will commits voluntary waste, 663.

Plaintiff must have had the immediate possession, 663.

Possession by relation in some cases sufficient, 663.

After re-entry by disseisee, 663.

But not after fine levied with proclamations, 664.

Whether against a feoffee of the disseisor, 663, note (k).

Where a person has an interest in the soil, exclusive possession not necessary to enable him
to maintain trespass, 664.

TRESPASS quare clausum fregit, (continued).

By persons who have no property or interest in the soil, 664.
But such persons must have an exclusive possession, 665.

Who must join, 665.

Rules as to the ownership of walls, ditches, trees, highways, and rivers, 665, 666.
AGAINST WHOM.

Principal and all who aid him, 667.

One who commands or assents to the trespass, 667.

Except infants and feme coverts, 667.

Master not liable for wilful trespass of his servant, 667.

Stat. 6 Anne, c. 18, as to guardians, &c. holding over, 667.

Owner of cattle mansueta naturæ, 667.

After abuse of authority in law, 667, 668.

Tenants in common must be joined, 668.
DECLARATION.

Venue, 668.

Quod eum, 668.

Continuando, 669.

Divers days and times, 670.

Plaintiff may prove a single trespass before first day, 670.

Plaintiff's possession must appear, 670.

Certainty and locality of the locus in quo, 670.

What proof of abuttals sufficient, 670.

Strict proof of parish laid not required, 671.

Damage.

What may be alleged in aggravation of damages, 671.
Special damage must be stated, 672.

Alia enormia, what may be given in evidence under, 672.

Vi et armis and contra pacem, 673.

EAS.

General issue, what evidence under, 673.

Soil and freehold in defendant, 673.

Or in one by whose command he entered, 673.

Command must be proved, 673, (ƒ).

Declarations of owner after trespass inadmissible to prove it, (ibid).
That defendant is tenant in common with plaintiff, 673.
Justification under stat. 11 Geo. 2, c. 19, as to rents, 673.

In actions by justices of the peace, &c. 7 Jac. 1, c. 5, 674.

In actions against churchwardens, &c. 21 Jac. 1, c. 12, 674.
What cannot be given in evidence under, 674.

Defect of fences.

In what cases cattle are considered to be trespassing, 681.
Sufficient to state defendant's possession of his close, 681.

Not necessary to shew by what title plaintiff is bound to repair, 681.
Under legal process.

Defendant must shew the process, &c. specially, 682.

TRESPASS quare clausum fregit, (continued).

Party or a stranger must shew the judgment as well as the writ, 682.

The officer need only shew the writ, 682.

If the two join, the plea must set out the judgment, or it will be bad as to both, 682.
Officer justifying under mesne process must shew it returned, 682.

Unless he be an inferior officer, not having power to return, 682.

Final process need not be shewn to be returned, 682.

Unless ulterior process is to be resorted to, to complete the justification, 682.

Justification under authority of inferior court.

Jurisdiction must in all cases be stated, 683.

Party or stranger must shew that the cause of action arose within the jurisdiction, 683.
Semble aliter as to officer, 683.

The proceedings may be set forth with a taliter processum est, 683.
Precedent summons should appear in justifying under capias, 683.

Justification of entry into dwelling house.

In entering house of the party against whom process has issued, sheriff's justification does
not depend on the event of finding defendant there, 684.

Inner-door of party's house must not be broken open without previous demand, 684.
Unless the party be within, 684..

So as to stranger's, 684.

Onter door of person charged with misdemeanour, must not be broken without previous
demand, 685.

Justification of excise officer under stat. 20 Geo. 1, c. 10, 685.

Licence, 685 to 688. (See title Licence.)

Accord and satisfaction, 689.

Arbitrament, 689.

Release, 689.

Statute of limitations, 689.

Estoppel, 689.

Tender of amends under stat. 21 Jac. 1, c. 16, 689.

No plea to voluntary trespass, 689.

Nor to trespass committed by mistake, 690.

Replication of latitat sued out, 690.

Or insufficiency of amends, 690.

REPLICATION AND NEW ASSIGNMENT.

To plea of liberum tènementum.

Where the declaration is general not naming the close, 690.

Where the declaration names the close, 690.

Plea to the new assignment, 691.

General issue, 691.

Justification, 691.

Second new assignnient to, 691.

To plea of right of common.

Traverse of the right, 691.

Traverse of the levancy and conchancy, 691.

Approvement of common, 691.

New assignment, 692.

To plea of right of way.

Traverse of the right, 693.

Under which evidence may be given of the way having been stopped by the order of

two justices, 693.

New assignment, 693.

Replication and new assignment also, 694.

To plea of defect of fences, 695.

To plea of justification under legal process,

De injuriâ generally bad, where process of court of record is pleaded, 695.

Aliter in case of process of court, not of record, 695.

Denial of the writ or warrant, 695.

Admitting the writ or warrant, de injuriâ absque residuo causæ, 695.

New assignment, 696.

To plea of licence.

De injuriâ generally, bad, 696.

New assignment, 697.