quo warranto the remedy when the office is full, 1085, 1175.
mandamus where election merely colourable, ib.

ELEGIT:

ejectment by tenant by, 704.

tenant by, what he must prove in ejectment, 744.
ELOPEMENT:

of wife, liability of husband for debts after, 329.

EMBARGO:

nature of, 970.

effect of, on contract of insurance, ib.

ENGINES (FIRE):

to a colliery, whether fixtures or not, between heir and executor, 1342.

ENTRY:

no actual entry necessary in ejectment, 706.

an entry generally is an entry for the whole estate, ib.

when barred by Statute of Limitations, 731. See STATUTE OF LIMITATIONS.
entry into part is a suspension of rent, but not of a covenant to repair, 555.
what is a waiver of a right of entry for a forfeiture, 717, 8.

ENTRY IN BOOKS OF BUSINESS:

by deceased persons, of payments when evidence, 753.

effect of, against interest of party making it, ib.

EQUITY, COURT OF:

money due by decree of, not recoverable in action of debt, 569.

decrees specific performance of contract within Statute of Frauds after part
performance, when, 833, 849, 853.

how paid in course of administration, 778.

EQUITY OF REDEMPTION:

release of, good consideration, 45.

ERROR:

writ of error, in action of account, can be brought after second judgment
only, 6.

writ of error will not stay execution after verdict in ejectment, unless
plaintiff in error finds bail, 759, 760.

ESCAPE:

action on the case for damages under stat. 1 & 2 Vict. c. 110, s. 31,
607, 8.

after a voluntary escape, defendant cannot be retaken on a Sunday, 1227.
a person wrongfully escaping, may be taken on a Sunday, ib.

is an act of bankruptcy, when, 254.

See RESCOUS.

ESCROW :

what is an, 576.

where conveyance deed of a leasehold estate is delivered as an escrow, the
title-deeds vest in vendee, 1353.

ESTOPPEL:

replying the estoppel to nil habuit in tenementis,

in covenant, 557.

in debt for rent plaintiff may demur, 628.

assignee of reversion may take advantage of estoppel running with the
land, 557.

what is necessary in order to give a party the benefit of an estoppel, 558.
where the estoppel will not operate, 558, 9.

when party is estopped from disputing execution of a deed, 742.

a verdict found in trespass on any fact or title, distinctly put in issue may be
pleaded as an estoppel in another action between the same parties, 1310.
where judgment not conclusive, unless pleaded as an estoppel, ib.
by recital in a deed, ib.

ESTOVERS:

common of, 465.

EVICTION:

lessee may plead eviction, but not a mere trespass, in bar to covenant for
rent arrear, 555.

eviction of part no plea to covenant for non-repair of other part, ib.

plea of, in debt, 626.

plea of, in bar to avowry for rent, 1216.

EVIDENCE:

parol declaration of auctioneer not admissible to vary written memorandum
of sale, 198.

parol evidence not admissible to vary bill of exchange, 421.

to written agreement which ought to have been stamped, 1323.

nor of a bond, in trover for the bond, though notice given to pro-
duce, 1373.

evidence of ownership of a ship, ib.

in petition for divorce for adultery, 12.

in actions by and against assignees of bankrupts, 324y, et seq.

in trover by assignees of bankrupts, ib.

of plea of bankruptcy, 3248.

in actions on bills of exchange, 418.

on promissory notes, 437.

against carriers, 461.

by and against commoners, 483.

of covenant, 563.

plaintiff can recover only secundum allegata et probata, 563, 4.

in debt,

on foreign judgment, 571.

on bond, 575-80.

on statute against bribery at elections of members of parliament, 639.

in actions for deceit, 642-6.

in detinue, 662.

in ejectment, 741, et seq. See EJECTMENT.

on part of plaintiff, ib.

on the part of the defendant, 755.

in trespass for mesne profits, 761.

in actions by and against executors, 799.

effect of parol, of a variation or waiver of written contract, 875.

defendant may prove an apology made or offered, ib.
what may be proved under Not Guilty, 1062.

against newspaper printers, publishers, &c., 1066.
malicious prosecution, 1080.

seduction, 1126.

nuisance, 1146.

relating to partners, 1166.

quo warranto informations, 1193-6.
replevin,

under avowry for rent arrear, 1215.

under pleas of non dimisit, non tenuit, 1217, 8.
under tender of arrears, 1219, 20.

in actions for rescous, 1226.

plaintiff must prove the original cause of action, ib.
the writ and warrant, ib.

the manner of the arrest, ib.

the damage sustained by the rescue, 1228.

in actions under Merchant Shipping Act, 1237.

under Seamen's Wages Act, 1240.

for slander, 1268.

of trespass, 1323.

of trover, 1372.

EXCESSIVE DISTRESS:

action for, 689, 1304.

trespass will not lie for, ib.

EXCHEQUER:

condemnation in, alters property in goods, 1303, 1335.

EXCHEQUER BILL:

property in, passes by delivery, 1351.

EXECUTION:

when execution and act of bankruptcy on same day, priority may be
inquired into, 252.

taking prisoner in execution, satisfaction of judgment, 616, 622.

goods of debtor bound by delivery of writ of, 1335.

in action of account, 6.

suffering of, when act of bankruptcy, 238, 305.

if perfected by seizure and sale, protected against assignees of bankrupt, 304.
but not if procured by bankrupt, 305.

EXECUTOR:

action of account lies by executor, and by executor of executor, 3.

and against executor of guardian, bailiff, or receiver, ib.

but not by one executor against his co-executor, ib.

of assumpsit does not abate by death of plaintiff, executor may con-
tinue, 161.

nature of interest of executor, 767.

bound, though not named, ib.

may commence action before probate, ib.

may release or take release or pay a debt of testator, ib.

act of one binds all, 767, 8.

EXECUTOR-continued.

nature of interest of executor-continued.

executors have joint interest in estate of deceased which survives
768.

are trustees of residue undisposed of for persons entitled under statutes
of distributions, 769.

payment to, discharge of debtor, ib.

goods of testator cannot be seized for executor's debt, unless he has
converted them, 768.

if he becomes bankrupt, specific effects of testator cannot be seized, ib.
property vests in, from death of testator, 769.

executor's interest, how transmissible, 770.

executor of executor, power of, ib.

when administration de bonis non is necessary, 770, 1.
administrator de bonis non may sue out sci. fa., when, 771.

limited or temporary administrations,

during minority of executor, 772.

absence of executor beyond sea, ib.
pending litigation, 773.

during lunacy, ib.

fresh probate,

granted, when, 774.

executor de son tort, cases of, ib.

what acts will constitute, 775, 6.

question for a jury to decide, 775, n.

party receiving a debt, to provide for funeral of deceased, not liable as
when, ib.

acts of, will not bind real executor, when, ib.

an agent of executor cannot be charged as, 776.

must be declared against as rightful executor, ib.
disposition of the estate of deceased, 777.
order of payment, 777-81.

admission of assets,

sperate and desperate debts, 781.

judgment against executor by default is, 782.

executor paying interest on a bond, effect of, ib.

mere submission to arbitration is not, 783.

actions by executors and administrators, 784.

against trespassers for injuries done to goods, real estate, or person of
deceased, 784, 5.

when executor must sue in his individual or representative character,
785, 788.

executor of tenant for life may recover proportion of rent reserved, 786.
executor may have an action of account, ib.

may sue in assumpsit attorney for insufficiency of title to estate
purchased by deceased, 787; or vendor for loss, ib.

may sue for breach of collateral covenant, ib.

but not on covenant running with the land, ib.

executors must join in bringing actions, though all have not proved, 788; or
are infants, ib.

joining several causes in one action by executors, 789.

where money recovered on each count will be assets, the counts may
be joined, ib.

actions against executors and administrators, ib.

by legatee of a specific chattel, 790.

not for a distributive share of intestate's property against executor or
administrator, ib.

or for legacy generally, ib.

VOL. II.

3 G

EXECUTOR—continued.

actions against executors and administrators-continued.

neglect to distribute effects among next of kin without decree of court,
no breach of administration bond, 790.

executor may render himself liable in equity for legacy by admitting
assets, 783, n.

when acting executor is responsible for his co-executor, 791.
trespass for wrong done by deceased, when, ib.

action on special promise of executor in writing, 792.

what causes of action may be joined against executors, 792, 3.
what executors are to be made defendants, 794.

infant executors must defend by guardian, ib.

right of retainer,

executor may retain assets, when, 798.

executor de son tort cannot retain for his own debt, ib.

a promise to charge executor personally must be in writing, 837.

pleadings,

plea of plene administravit, 794.

must specially plead a bond or debt, 795.

executor may confess judgment, when, 796.

may plead puis darrein continuance, ib.

how time is computed under a plea of the Statute of Limitations, 153,

797.

in case of administrator, 797.

evidence,

legal evidence of the will, what, 799. See PROBATE.

retainer may be given in evidence under a plea of plene administravit,
801.

assets mean legal assets at once available, ib.

in actions by and against executors, the character in which they sue is
not in issue, unless specially denied, 815.

judgment,

costs,

on plea of plene administravit, 815.

de bouis testatoris, 802.

where executor is nonsuited, ib.

by stat. 3 & 4 Will. IV. c. 42, s. 31..803.

EXECUTOR DE SON TORT. See EXECUTOR.

EXEMPLIFICATION:

of probate, where evidence, 800.

EXPRESS:

malice, where not necessary to prove, 1064, n., 1268, 9.
libel itself may prove malice, 1051.

where necessary, 1081.

warranty. See WARRANTY.

breach of, in insurance, 1005.

time of sailing, ib.

safety of ship at particular time, 1003.

to depart with convoy, 1004.

neutral property, 1006.

EXTRA PAROCHIAL:

persons cannot claim pew, 1142.

F.

FACTOR. See BROKER-AGENT-PRINCIPAL.

foreign and home, 804.