REPLEVIN-continued.

proceedings in replevin at common law, &c.-continued.

when discharged, 1206.

remedy of defendant if the security be insufficient, ib.

by whom a replevin may be maintained, 1207.

plaintiff must have either an absolute or special property in the
goods, ib.

who to sue where goods of feme sole taken, and she marries, ib.

if goods of feme covert taken, 1208.

executors may maintain replevin, ib.

parties having a joint interest may join in replevin, ib.

Declaration, ib.

venue is local, ib.

locus in quo must be stated in the declaration, ib.

plea of non cepit modo et formâ, when proper, 1209.

in inferior courts locus in quo must be alleged within the jurisdiction, ib.
when close ought to be described by abuttals, ib.

how goods ought to be described, ib.

pleas in abatement, ib.

difference between replevin and other actions as to plea in abatement, ib.
coverture must be pleaded in abatement, 1210.

plea of cepit in alio loco, ib.

general issue, what is put in issue by, ib.

Avowry and cognisance, ib.

how far assisted by plea were defective, ib.

several avowries and cognisances affected by new rules, 1211.

money may be paid into court, ib.

by assignees of bankrupt, 280.

avowry for damage feasant, 1212.

what it must allege, ib.

defendant may avow that locus in quo was his soil and freehold, ib.

or may now plead generally that he was seised, ib.

tenants in common, how to avow, ib.

pleas in bar, ib.

escape through defect of fences, ib.

cattle must not be trespassing on highway or in close whence they
came, ib.

right of common, 1213.

tender of amends, 1214.

if made before distress, makes the distress unlawful, ib.

after distress, and before impounding, makes the detainer unlawful, ib.,

1219.

avowry for rent arrear, ib.

at common law, ib.

by statute, ib.

act does not extend to rent-charges, ib.

against owner of part of reversion, 1215.

sum claimed not material, ib.

payment of rent primâ facie evidence of ownership, ib.

when avowry is for parcel of rent, necessary averment, ib.

money may be paid into court on an avowry for rent in arrear, 1216.

when executor, and when heir, ought to distrain, ib.

how joint-tenants, &c. ought to avow, ib.

as to distraining for rent for ready-furnished lodgings, ib.
distress for rent-charge under 5 & 6 Vict. c. 54, s. 18, ib.

pleas in bar, 1216.

eviction, ib.

non dimisit, 1217.

REPLEVIN-continued.

pleas in bar-continued.

non tenuit, 1217.

where issue is taken on non tenuit, 1217, 8.
riens in arrear, 1219.

tender of arrears, ib.

after distress is impounded, tender too late, ib.
tender to full amount must be proved, 1220.
nil habuit not allowable, ib.

set-off not allowed, ib.

Judgment, 1221.

for plaintiff, for damages only, ib.

form of entry in judgment on demurrer, ib.
in judgment on verdict, ib.

for defendant by statute, ib.

what is writ of second deliverance, 1221, n.
cases where stat. 17 Car. II. c. 7, applies, 1221.
verdict for defendant where statute applies, 1223.
effect of jurors giving a defective verdict, 1223.
writ of inquiry, ib.

judgment for defendant upon demurrer, ib.
judgment at common law when still proper, ib.

costs, 1223, 4. See COSTS.

REPLICATION:

replying de injuriâ suâ propriâ absque tali causâ to son assault demesne, 36.
meaning of this replication, when pleaded to a plea of licence, 1312.

in replying to the plea of liberum tenementum, plaintiff may traverse the
command, 1309.

REPRESENTATION:

to first underwriter, effect of, 997, n.

distinction between representation and warranty, 998.

action for fraudulent misrepresentation. See DECEIT.

REPUTATION:

admissible evidence in cases of boundary, 743.

evidence to prove marriage, 10, 751.

probate of a will not admissible to prove declarations of testator as to repu-
tation in questions of pedigree, 800.

REPUTED OWNER, 292. See Bankrupt.

REQUEST:

where it must be made before action brought, 120.

where not necessary, ib.

where proof of is required, 1387, 8.

RESCUE, OR RESCOUS:

of distress, 686, 1226, n. See DISTRESS.

tender after impounding no bar, 687.

usual remedy for wrongfully setting person arrested at liberty is an action on

the case, 1226.

what must be proved, ib.

mere words will not constitute an arrest, ib.

what sufficient, ib.

acquiescence of defendant will complete, though the warrant be not shown,
1227.

writ may not be executed on Sunday, ib.

RESCUE, OR RESCOUS-continued.

arrests which may be made on a Sunday, ib.

when sheriff may or may not excuse himself by returning the rescue, 1228.
damage sustained by the rescue must be proved, ib.

See IMPRISONMENT.

RESIGNATION BONDS. See SIMONY.

RESPONDENTIA:

nature of the contract, 1038.

difference between bottomry and respondentia, and a loan, ib.

statutes relating to money lent upon respondentia, ib.

proof in respect of in bankruptcy, 3247, n.

RESTRAINT:

of marriage, illegal, 59, 507.

of trade, where illegal, 59, 582-4.

RETAINER. See LIEN. EXECUTOR.

may be given in evidence on plene administravit, 798.
of the right of retainer by an executor, 798.

executor de son tort cannot retain, ib.

RETURN:

of premium, 1031.

requisites of, to a mandamus, 1102.
See MANDAMUS.

REVERSION. Sec ASSIGNEE. COVENANT.

REVOCATION:

method of express revocation of will, 892.
implied revocation, 895.

RIENS IN ARREAR:

plea to an avowry for rent arrear, 1219.

RIENS PER DESCENT:

defence in action for covenant against heir, 530.

RIGHT OF SHOOTING:

what gives, 910, 1.

RISK:

inception of, delay in, where it discharges policy, 1018.

ROLLS OF COURT. See COURT ROLLS.

ROOKS:

feræ naturæ, 908.

RUNNING ACCOUNT:

remedy for balance of, is by account, 3.

balance declared, action of assumpsit lies for, ib.

S.

SAILING:

time of, 1001.

with convoy, 1004.

SALE:

what is, 272, 302.

of office illegal, 587.

doctrine relating to the sale and warranty of horses. See WARRANTY.

SALE-continued.

in whom the property is upon the sale of goods, 1333.

under what circumstances vendor may resell his goods, ib.

where sale is complete by delivery of goods to carrier, 456, 1331.
bill of, requisites of, to transfer ship, 1234.

by auction. See AUCTION.

of goods, 17th section of Statute of Frauds, as to, 861.

of land, 4th section of Statute of Frauds, as to, 849.

of goods, not generally an act of bankruptcy, 241, 245, 301.

SALVAGE:

persons preserving goods which have been abandoned at sea have a lien on
them for compensation, 1362.

SATISFACTION. See AccORD.

SATISFIED TERM:

presumption as to, 634 n., 5.

SCANDALUM MAGNATUM :

of the remedy for this injury, 1252, 3.

how to declare, 1253.

words actionable in the case of a peer, which would not be in the case of a
commoner, ib.

SCHOOL:

keeping, when breach of covenant as to trade, 491.

SCIENTER:

must be averred and proved, 640.

SCIRE FACIAS:

not necessary to make husband party to wife's suit, 353.
when administrator de bonis non may sue out, 771.

SCOTLAND:

marriages in, 750.

where party seeking to avail himself of law of England, cannot claim the
benefit of law of Scotland, 150.

SEA. See BEYOND SEAS.

perils of, 964.

SEAMEN:

register of, 1238.

of their wages,

allotment of, 1240.

discharge and payment of, 1241.

legal right to, 1242.

mode of recovering, 1247.

forfeiture of, 1244.

agreement relating to, must be in writing, 1239.

must specify the wages and voyage, ib.

seamen not obliged to produce the written agreement in court, 1240.
of the penalties imposed upon seamen for desertion, &c., 1244.

what shall be deemed desertion, 1246.

freight the mother of wages, when, 1242.

of the remedies for the recovery of seamen's wages,

in the Court of Admiralty, 1247.

at common law, 1248.

before justices, ib.

SEA-WORTHINESS:

implied warranty of, 1016. See INSURANCE.
none as to seamen's service, 1243.

SECOND DELIVERANCE:

writ of, obsolete, 1221, n.

SEDUCTION:

action for, 1125.

SEISIN:

unity of, of land and way over land, 1140, 1320.

SEIZURE:

owner of ship, seized as forfeited, cannot maintain trespass, 1303, 4.
SENTENCE:

sentences of foreign courts of admiralty are conclusive evidence, in actions
on policies, upon all subjects within their jurisdiction, 1012.

where a warranty of neutrality shall be falsified by foreign sentence, ib.
but these sentences must be legal sentences, 1014.

of imprisonment, computation of time in, 251.

SEPARATE MAINTENANCE, 330, 507, 8.

SEPARATE USE:

property settled to, not in order and disposition of bankrupt, 298.
SEPARATION:

judicial, supersedes divorce à mensâ et thoro, 7, 8.

effect of, between husband and wife, in case of adultery, 9, 10.

of deeds of separation, 330, 507, 8.

covenant by husband in case of, 507, 8.

SEQUESTRATION

assignees of bankrupts may obtain, 278, n.

SERMON:

as to whether comments on, privileged, 1051, n.

SERVANT. See MASTER AND SERVANT.

carrier not protected from loss or injury arising from felonious act of,
442, 3.

SERVICE:

of writ in ejectment, 723, 4.

of notice to quit, 714.

SET-OFF:

at common law and by statute, 166.

cases in which set-off is allowed, 167.

debt due from wife dum sola, cannot be set off, 361.

in cases of executors, 167, 8.

cannot be of debt barred by Statute of Limitations, 168.

or of a penalty, ib.

must be of legal (not equitable) interest, 169.

must be pleaded specially, ib.

particulars of, R. G., T. T. 1 Will. IV., ib.

reducing demand under 40s. does not faffect jurisdiction of superior court,
170.

replication to, ib.

in covenant what may be set off, 563.

when simple contract delt may be set off against a specialty, 602, 3.

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