guilty shall operate as a denial that the defendant committed the trespass alleged in the place mentioned, but not as a denial of the plaintiff's possession, or right of possession of that place, which, if intended to be denied, must be traversed specially.

3. In actions of trespass de bonis asportatis, the plea of not guilty shall operate as a denial of the defendant having committed the trespass alleged by taking or damaging the goods mentioned, but not of the plaintiff's property therein.

4. Where, in an action of trespass quare clausum fregit, the defendant pleads a right of way with carriages and cattle and on foot in the same plea, and issue is taken thereon, the plea shall be taken distributively; and if a right of way with cattle, or on foot only, shall be found by the jury, a verdict shall pass for the defendant in respect of such of the trespasses proved as shall be justified by the right of way so found; and for the plaintiff in respect of such of the trespasses as shall not be so justified.

5. And where, in an action of trespass quare clausum fregit, the defendant pleads a right of common of pasture for divers kinds of cattle, ex. gr., horses, sheep, oxen and cows, and issue is taken thereon, if a right of common for some particular kind of commonable cattle only be found by the jury, a verdict shall pass for the defendant in respect of such of the trespasses proved as shall be justified by the right of common so found; and for the plaintiff in respect of the trespasses which shall not be so justified.

6. And in all actions in which such right of way or common as aforesaid, or other similar right, is so pleaded that the allegations as to the extent of the right are capable of being construed distributively, they shall be taken distributively.

INDEX.

Abatement

of suit by death of party, one year allowed in which to renew, 36.
Action,

limitation of possessory, for own, or ancestor's disseisin, 33; of trespass
quare clausum, trover, replevin, &c., must be brought within six years,
56; of assault, battery, &c., within four years, and of slander within
two years, 56; barred by nonsuit, in case of issue joined on plea of dis-
claimer, 57; of account brought against executors of guardians, receiv-
ers, joint tenants, &c., 78; on the case granted for use and occupation
of lands, 81.

Administrators,

appointment of, 17, 21; bonds, and duties of, 62; not chargeable on any
special promise unless in writing, 66; husbands may claim to be named,
of wives' estates, 70; not cited to render accounts unless on demand of
interested parties, 71.

Alienation

of lands shall not be to the prejudice of the lord of the fee, 7; by tenant
by courtesy with warranty, no bar to heir without assets, 10; of part
of a fee causes apportionment of services, 15; fines for, reserved to the
crown, 32; fines for, abolished, 58.

Attach,

lords may, the bodies of defaulting bailiffs to compel an account, 8.
Attaint

may be had for false verdicts, 36.

Attornment

of tenants unnecessary, 77; of tenants to strangers, void, 81.

Bargains and Sales

must be inrolled within six months after date, 28.

Bastard,

he is a, who is born before matrimony, 8.

Benefit of Clergy,

those having, shall not depart from the Ordinary when convict of
felony without purgation, 9.

Choses in Action

are non-assignable, 37.

Contract

for sale of goods, &c., not good, unless partly performed, or in writing,
&c., 68.

Conveyances

Costs,

made during Commonwealth, held to be made of estates in socage, 59;
of estates in land must be registered, 79.

No more costs than damages in petty suits, 53; or in suits for slander
where damages are less than 40s., 57; or in suits for assault and battery
where the judge does not certify, 62; may be given, after demurrer to
one of several pleas, 77; executors liable to pay, as though suing per-
sonally, 96.

Damages

shall be paid for waste by fermors, 9; no more costs than, 53, 57, 62;
given to the families of persons killed by accidents, 110.

De Donis,

statute of, creates estates tail, forbids their alienation, and provides for
their recovery, 11.

Defamation,

in action for, apology may be proved to mitigate damages, 109.
Demurrers,

after joinder in, judgment given as to very right of the cause, 52, 76,
113; special, abolished, 113.

Disseisin,

if disseisor die, and his heir continue, entry may still be made, 41.
Distribution

of money allowed to be made by those in in extremis, 7; of money of in-
testates by view of the church or by nearest relatives, 7; of surplus of
intestates estate, 7, 64, 94; father being dead, mother, brothers and
sisters take equal shares of estate of intestate brother, 71; of proceeds
of estates pur autre vie to be like that of personalty, 101.

Embezzlement,

clerks or servants guilty of, liable to transportation, 88.
Entry

on lands must be lawful and peaceable, 18; by, widow can regain estates
of which husband levied a fine, 40.

Evidence,

statutes of, 90, 107, 111, 114, 117, 119, 120.
Executors

shall have a writ of accompt, 14; shall have an action against tres-
passers, 16, 95; of executors, duties of, 17; a part of, may sell lands, 19;
may recover arrearages of rent, 43; of their own wrong, liable, 54, 70;
not personally chargeable on special promises not in writing, 66; if no
heirs, take estates pur autre vie as special occupants, 68, 83; may collect
proportional rent due by sub-tenant on death of life-tenant, 81, 96; held
to be trustees of any undistributed residue in their hands, 93; compe-
tent witnesses as to execution of the will, 103; actions for damages for
loss of life, brought in name of, 110.

Formedon,

nature and form of writs of, 13; limitation of time in which writs of,
can be sued, 33, 55.

Frauds,

statute of, requiring writing in certain cases, 65-70; extended to execu-
tory contracts of sale, 92, 93.

Fraudulent,

statute of, conveyances, provides penalty for, 47-49; statute of, devises,
provides remedy against devisees, 72, 73.

Guardian,

Heir

appointed by deed or will by father, for child, 60; to have full custody
of child, and estates till majority, 61.

takes estates pur autre vie as special occupant, 68; action lies against,
who disposes of estates of inheritance upon which creditor has prior
encumbrances, 74; may plead in such case riens per descent, 74.

Hilary Rules,

of pleadings in particular actions, 121-124.

Illusory Appointments,

statute as to, 94.

Inrollments,

statute of, 27.

Jeofails,

statutes of, 49, 76.

Knights-service,

those holding by, in capite allowed to devise two thirds of lands, 31;
tenure by, abolished, 58.

Lands

shall not be aliened to prejudice lord of the fee, 7; proceeds from sale
of, ordered by will, not personal assets, 22.

Leases

for short terms, binding on wife, heirs, &c., when made by tenant in
tail, courtesy, &c., 39; wife to join in making and sealing, of her estates
of inheritance, 40; estates, interests of freehold, or terms of years, not
evidenced by writing to have force of leases or estates at will only, 65;
not exceeding three years excepted, 66.

Limitation,

statutes of, 10, 32, 54; persons under disability excepted out of statutes
of, 35, 57; verbal promise to pay a barred debt not enough to take out
from statute of, 91.

Mortgages,

fraudulent, void, 51; parties in interest shall contribute to pay off,
after death of mortgagor, 114.

Mortmain,

statutes of, 8, 16.

Murder,

no benefit of clergy to those committing, save to those in orders, 18.
Novel Disseisin,

writ of, granted to one who has been ejected from lands held in elegit, 14.
Ordinary,

to pay debts of intestate like executor, 14; to grant administration to
next of kin, 17, 21; to require administrator to give bond, 62; shall
grant administration cum testamento annexo as heretofore, 65.

Partnership,

Pleas,

Poor,

act as to, 115; receipt by lender, agent, widow of deceased partner, an-
nuitant, or servant, of part profits, does not make them members of, 116.

several matters may be pleaded in defence by leave of court, 77.

parents, grandparents, and children assessed by justice of peace for the
support of, 53.

Posthumous

children enabled to take estates as though born in father's lifetime, 75.

Powers,

appointments under, not invalid on the ground of exclusion of part of
the objects of, 118.

Prescription,

claim of, not necessarily to date back more than sixty years, 33.
Pretenses,

statute of false, 87; person obtaining money under false, deemed offen-
der against the peace, 87.

Quia Emptores,

Rent,

statute of, 15.

avowry for, not to be made after fifty years, 33; of wife's estates of in-
heritance not to be granted beyond husband's life unless by fine in which
she joins, 40; in arrear on wife's estate after her death may be distrained
for by husband or his executor, 45; in arrear on life estates may be sued
for as though on estates for years, 80; due from tenants at will, &c.,
holding over, may be distrained for, 80; right of distress made incident
to rents seck, of assize, &c., 80.

Reversion,

in case of grant of, the grantees have right to enforce conditions, 42;
and the particular tenants have remedy for breach of covenant against
such grantee, 43.

Socage,

those holding in, allowed to dispose by will of all lands, 31; tenure by
free and common, made universal, 58, 59.

Specialty

debts of deceased persons not to have priority of payment over simple
contract debts, 116.

Trusts,

Uses,

declaration of, must be in writing, 67; unless raised by implication of
law, 67; estates subject to execution, 68; estates taken by descent are
assets charged with ancestor's obligation, 68; funds not allowed to ac-
cumulate beyond time limited, 89; interpretation of, when made by
will, 106.

statute of, 23; every person to whose use another stands seized of estates,
shall be deemed seized thereof himself, 24; and shall have remedies like
those before had by the feoffee to uses, 27; continued existence of any
scintilla juris is unnecessary to give effect to springing uses, 115.

Waiver

of one breach of a covenant not to be deemed to extend to others, 115.
Wardships,

liveries, primer seisins, &c., abolished, 58.

Warranty,

by what words in feoffment, feoffor bound to, 10; by tenant for life void
as to reversioner, 78; by ancestor having no estate of inheritance void
as to heir, 78.

shall be construed as before stat. of uses, 26; tenants in socage may
convey estates by, 31; tenants by knights-service in capite may convey
two-thirds of estates by, 31; tenants in fee not holding of king may dis-
pose of estates by, 46; made by any woman covert, minor, idiot, or
insane, not good, 47, 102; must be in writing, signed, &c., 66; not
revocable save by new will or codicil, 66, 104; cancelled by burning,
tearing, obliterating, 67; nuncupative, void unless made in terms of
statute, 69; witness beneficially interested, having attested, can claim
no benefit, 85; statutes of wills, 97-111; all real and personal estates
may be devised by, including legal, equitable and copyhold estates, 97;
is revoked by subsequent marriage, 103; real estate failing to go as
devise, falls into the residue, 105; real estate devised by, without words
of limitation, passes in fee, 105; words in a, importing want or failure
of issue are construed to mean failure during lifetime of testator, 106;
an estate tail as legacy shall not lapse if legatee leave issue competent
to take, 106.

Witness

beneficially interested in a will cannot attest unless he relinquishes
claim, 84; cannot refuse to testify because he may subject himself to a
civil suit, 90; incompetency of witness to prove execution does not in-
validate will, 103; not excluded by reason of incapacity from crime, 108;
husbands, wives, or parties to suit, not made competent, 108, 111, 117;
rules as to incompetency as established in Maine and Massachusetts,
119, 120.

Writing

Writs

required by statute of frauds, 65-70; required to confirm debts con-
tracted in infancy, or to bind one to any assurance of the credit of
another, 92.

of entry sur disseisin in the post provided, 9; of entry, novel disseisin,
&c, limited as to prescription, 10; of waste, granted against tenants by
courtesy dower, for life, &c., 11; of formedon, granted, 13; of fieri
facias, allowed him recovering a debt, 14; of elegit, granted, 14; pro-
vision made for new, 15; of partition, granted to tenants in common,
&c., 28; of right, not granted to aid recovery of estates of which there
has been no seisin within sixty years, 33.