NEUTRALITY: person residing in neutral country may insure, 960. See INSURANCE. NEW ASSIGNMENT: in trover, 1372. NEWSPAPERS: statute (6 & 7 Will. IV. c. 76,) relating to printers of, 1066. property in, may be in the order and disposition of bankrupt, 287. NIL HABUIT IN TENEMENTIS : plea of, in covenant, 557. lessee by indenture estopped from pleading this against lessor, ib. NON-ACCESS: neither husband nor wife competent to prove, 740. NON-ASSUMPSIT: limitation of, under new rules, 130. effect of, in actions on express contracts, 131. on implied contracts, ib. what evidence admissible under, 131, 2. infra sex annos, plea of, 1210. NON CEPIT: plea of, in replevin, 1210. NON DETINET: plea of, 662. NON DIMISIT: in replevin for rent arrear, 1217. NON EST FACTUM: replication to plea of release in assumpsit, 152. plea of, in covenant, 560. what it puts in issue, ib. how covenant should be stated, 561. what may be given in evidence under it, when pleaded to debt on bond, effect of pleading this defence after setting out bond untruly, ib. a verdict on plea of, by executor, is an admission of assets, 782. NON INFREGIT CONVENTIONEM: when pleadable, 561. NONJOINDER: plea in abatement for, 121. how to take advantage of nonjoinder of co-obligor in action on a bond NOTES, PROMISSORY. definition, 425. See BILLS OF EXCHANGE. common law doctrine respecting actions on promissory notes, altered by what notes are within this statute, 425, 6. what not, 427-31. banker's cash notes, 431. joint and several notes, 432. how declared on, ib. consideration between immediate parties, want or illegality of, may be stamp, 434. payment of, when due, must be demanded within a reasonable time, ib. mode of computation, ib. notice of default of payment by maker must be given by indorsee to prior indorsers, when, 435, 6. remedy on a note under C. L. P. Act, 437. evidence necessary to support action, ib. what defendant may prove, 439. analogy between an indorsed note and a bill, 440. debt lies on, where there is privity of contract, 570. NOT GUILTY: "by statute," plea of, 30, 933. effect of plea of, in action against carriers, 461. in actions for libel, 1059. in slander, 1266. NOTICE: to principal, notice to agents, 815. to head bank, of act of bankruptcy, notice to branches, 307. to bailiff who distrains, of act of bankruptcy, whether notice to landlord, 307. to one execution creditor, of act of bankruptcy, notice to all, 307. of act of bankruptcy, what is, 305, et seq. of non-acceptance of bill, to drawer, 384-7. to indorser, 387, 8. of non-payment, 399. where notice may be presumed, ib. waiver of objection for want of, what is, 405, 6. to tenant of sale of distress, 682. subscribed to writ in ejectment, 693. by tenant to landlord of delivery of writ in ejectment, 725. notice required to be delivered to J. P. before action brought, 927. requisites of this notice, 928. what notice of dissolution of partnership is required, 1166. NOTICE TO QUIT: notice to quit given by landlord under 4 Geo. II. c. 28, s. 1, 630, 1. on tenancies from year to year, half-a-year's notice must be given, 707. ejectment cannot be maintained without giving, 708. length of, may be varied by express agreement, ib. no distinction between land and houses, ib. where tenant holds over, 709. where tenant holds under a void agreement, ib., 710. where tenant enters upon the different parts at different times, 711. NOTICE TO QUIT—continued. insufficient notice will not amount to surrender, 708. what shall be considered as evidence of tenant's receiving it, ib. cases where notice to quit is not necessary, 719, 21. in the case of mortgages, 720, 1. in case of adverse or inchoate possession, 721. in what cases an action may be maintained, 1129. injury to habitation or land, 1129. erection of anything offensive, whereby house of another is rendered a reasonable use of a person's right, no ground, ib. how far defendant may allege long duration, 1130. mere inconvenience not sufficient ground for this action, ib. aliter as to discomfort, 1129, 31. a nusance to a public highway no ground, unless there is special what is sufficient damage, 1131, 2. where party liable for consequences of his own negligence or unskil- where, by reason of an erection, the light and air are prevented coming to when jury entitled to presume a grant, &c., ib. presumption limited by stat. 2 & 3 Will. IV. c. 71, ib. total privation of light, not necessary to support action, 1135. enjoyment of light without interruption for twenty years, establishes no property in the water, in proprietor of each bank of stream, 1137. any interference with this right must either be by grant or license, or mill-streams, 1137, 8. no distinction in law between natural and artificial water-courses, 1138. how far uninterrupted user for twenty years gives right of action for stat. 2 & 3 Will. IV. c. 71, respecting title to ways, water-courses meaning of enjoyment "as of right," 1140. NUSANCE-continued. water, right to-continued. ways, pew, enjoyment must be continuous, 1140. unity of possession only suspends a prescriptive easement, ib. unity of ownership destroys it, ib. where land is leased for years, ib. no right acquired against lessor by user as against lessee for lives, 1141. extent of right of, a question for jury, ib. may be lost by abandonment, ib.; not by short discontinuance, ib. what gives right, 1141, 2. and remedy at common law, 1142. apportionment of, ib. by and against whom an action for a nusance may be maintained, ib. does not lie against bodies incorporated by statute unless excess of action maintainable as well for continuing as for erecting a nusance, pleadings, as to statement of right under 2 & 3 Will. IV. c. 71, ib. effect of plea of "not guilty," 1146, 7. evidence, 1146. costs, what plaintiff must prove, ib. nusance must be shown to be in county where venue is laid, ib. as to sufficiency of declaration, ib. a parol license executed is not countermandable, 1147. secus, while it remains executory, ib. if coupled with interest cannot be revoked, ib. damages, in first action usually nominal, 1143. this action within stat. 3 & 4 Vict. c. 14, 38, 1148. O. OBLIGATION ON BOND. See BOND. bond from party replevying, 1203. OBLIGEE: release by, 599. of bottomry bond, right to prove in bankruptcy, 3247, n. OBLIGOR: one of two obligors sued, must plead in abatement, 580. OFFICE: person usurping and receiving fees of, action lies against, 84. money paid for sale of an office bad consideration for a bond, 588. statute against sale of offices, 60, 587. what offices are within this statute, 587, 8. what offices are subjects of quo warranto, 1175. bond given by officer for securing all the profits to person appointing, is OFFICER: officer in the army may justify even maihem for disobeying orders, flagrante assumpsit does not lie against officer for recovery of duties which he has whether revenue officer is entitled to a month's notice before action brought, where peace-officer may justify an arrest, 936. of justifications by officers, how pleaded, 30, 1, 933. what shall be said to be done in pursuance of an act, 321, n. ORDER AND DISPOSITION: effect of bankrupt having, 240, n, 297. See BANKRUPT. ORDER OF DISCHARGE. effect of generally, 324c. See BANKRUPT. in case of joint or separate commissions, 324d. if assignee of bankrupt becomes bankrupt, 324d. releases bankrupt from all debts contracted before filing petition, 324e. not from unliquidated damages, 324e, 324g, 324i, 324k. unless assessed by court, 324f. no release of rent, 324d. poor-rates, when proveable, 324ƒ. rent, 324f, 324g. payments due at stated periods, or by instalments, 324f. money due on judgments, 324g. costs, 324e, 324g. debts due in futuro, debts payable upon a contingency, and contingent liabilities, 324h, 324i, 324k, 3241. covenant to pay premiums of insurance, 324k, 3241. liability to co-surety for contribution, 324k. to indemnify nominal plaintiff against costs, 324k. to a schoolmaster for board and tuition of bankrupt's son, 324k. to pay instalments of annuity, 3247. or calls on railway shares, 324. sureties for bankrupt, when they may prove, 324m, 324n, 324o. if consequential damages incurred by the non-payment, 324m. must be pleaded, 324s. whether binding on creditors, who had no notice of suspension of pro- of bankrupt, where proceedings suspended, 324ce. may be suspended, 215. when bankrupt entitled to, though order not pleaded, 324s. OUSTER IN QUO WARRANTO: where judgment of, admissible as evidence, 1194, 5. OUTLAW: whether he can petition for adjudication of bankruptcy against himself, 238. may hold real property for benefit of parish, 698, 9. where trespass will not lie against, for distress for void poor-rate, 1304, 7. mandamus to nominate, lies, 1090. mandamus to, to make rate, lies, 1091. |