QUIET ENJOYMENT:

proof of breach of covenant for, 400.

when breach particularised, it must be proved, id.

QUIT RENT:

presumption of, 22.

R.

RAILROAD:

variance in statement of object of, 69.

transfer book of company, not evidence of title of transferee, 148.

book of proceedings of directors, generally evidence of facts therein
stated, id.

company acting as carriers, subject to usual common law liabilities, 363.
when mortgagee of, can recover in ejectment, 441.

RASURE:

of old deed, attesting witness must be called, 93.

unless very ancient, id.

attorney not privileged from proving, in deed of client, 124.

RATIFICATION:

of memorandum within the statute of frauds signed by stranger, good,

265.

of debt of wife by husband, after separation and adequate allowance,

276.

by infant, of promise, 312. See Infant.

of authority of agent to sign notice to quit, 424,

of bailiff to make distress, 458.

READY AND WILLING:

proof of averment of, 266.

REAL PROPERTY. See Vendee, Vendor, Use and Occupation, Covenant, Ejectment.
REASONABLENESS:

of time, afforded by notice to produce, 8.

reasonable time presumed where none mentioned in contract, 11.
after lapse of reasonable time, factor presumed to have accounted, 21.
"reasonable reward" supported by evidence of specific sum, 60.
reasonable price and time, 61.

of time of presentment of bill payable after sight, whether a question
for court or jury, 212.

proof on count to marry in a reasonable time, 253.

of attorney's charges, must be proved, where items not taxable, 255.

but cannot be entered into at trial, where there are taxable items,
258.

"reasonable price" not proved by contract at "shipping price," 267.
RECALLING:

of witness, in discretion of judge, 128.

RECEIPT:

may be proved by parol, though given in writing, 1. 39.

for rent, a presumption of payment of former rent, 20.

by deceased person, not evidence of title of party claiming
under him, 33.

when conclusive, and effect of, in general, 39. See Admissions.
in full of all demands, effect of, id.

for debt and costs, by plaintiff's attorney's town agent, evidence of pay-
ment against plaintiff, 43.

RECEIPT (continued)

-

in steward's book more than thirty years old, proves itself, 93.

custody of, id.

unstamped, may be used by witness to refresh his memory, 131. 173.
may be proved by parol, though unstamped, 154.

foreign, unstamped, evidence in England, though stamp required by
foreign law, 166.

stamps on, 171.

what instruments require a receipt stamp, 172.

on bill, primâ facie evidence of payment by acceptor, 211.
evidence of consideration in action on warranty, 249.

containing warranty of horse, admissible to prove it, 250.

of money, proof of, in action for money had and received, 291.

by agent, of money received for principal, not evidence against former,

id.

demand of, when it vitiates tender, 333.

by carrier, 359.

of year's rent up to particular day, primâ facie proof of commencement
of tenancy, 418.

RECEIVER:

appointed by Court of Chancery, may make demand within 4 Geo. 2.
c. 28., as to double value, 406, 407.

notice to quit by, when good, 424, 425.

RECITAL:

in deed, effect of, on receipt contained in deed, 39.

admission by, 47.

in deeds, id.

in release, of lease for a year, id.

of writ, taking and sale of goods, in bill of sale, in trespass against
sheriff, id.

in charter, of former charter, 48.

effect on other admissions in same deed, id.

in a bond, id.

effect of statements in previous deeds against party claiming under
them, id.

if used as an admission, must be proved by attesting witness, id.
of appointment of umpire, in award, not evidence of that fact, 100.

of conveyance, in inquisition post mortem, evidence for party claiming
under it, 137.

RECOGNIZANCE:

variance in statement of, 65.

to prosecute, evidence of defendant's being prosecutor in action for ma-
licious prosecution, 385.

RECORD:

admissions on, 38. 48. See Admissions.

variance in statement of, 64.

stated by way of inducement, sufficient to prove it substantially, id.
aliter, where gist of the action, id.

in action for false return, id.

in action of debt on judgment, id., 65.
in action for malicious prosecution, 6.5.
in action for malicious arrest, id.
in action for escape, id. ·

may be amended, when, 69.

mode of proof of, 73.

by writ of certiorari, id.

when not on issue of nul tiel record, id.

by exemplification, id. See Exemplification.

judgment in paper no evidence of judgment, id.

nor minute book of sessions, id.

nor minute book of clerk of peace, of preferment of indict-
ment, id.

nor original indictment indorsed as a true bill, id.

acquittal proved by minutes on trial before same judge, sitting
under same commission, id.

hearing of appeal, by production of record, id.

if no record, by minute book kept at sessions, id.

by examined copy, id. See Copy.

office copy, 74. See Copy.

not complete till inrolled on parchment, id.

rule of court not a record, 77.

indorsement on, of name of interested witness, 111.

proof of, on plea of comperuit ad diem in debt on bail bond, 404.
entering of record, proceedings in bankruptcy, under 2 & 3 Will. 4.
c. 114., 544, 545.

RECOVERY:

ancient, seisin presumed, 20.

against co-trespasser not joined, inadmissible in mitigation, in trespass,
q. c. f., 489.

RECTOR:

entries by, as to receipt of dues, evidence for successor, 33.
ancient documents in possession of, when admissible, 85, 86.
RE-EXAMINATION :

of witnesses, 128.

REGISTER:

of bishop, blank in, for patron's name, supplied by parol, 18.
secondary evidence of will, 95.

evidence of right of nomination to curacy, 149.

evidence of vicarial endowments, id.

parish, how proved, 83.

of baptism, how proved, 84.

no evidence of identity, id. 149.

non-parochial, under 3 & 4 Vic. c. 92., id.

effect of, in evidence, 150.

not proof of time or place of birth, id.

books of Fleet, Queen's Bench, and May Fair, inadmissi-
ble, 150.

unless as declaration of the parties, id,
evidence of time of marriage, 151.

of navy office, evidence of death of sailor, 146.

of bishop, proper repository of terrier, 86.

and of sequestrator's receipts and accounts, 87.
RELATION:

possession by, sufficient to support trespass, 484.

act of bankruptcy by lying in prison twenty-one days has no relation
to first day, 542.

of title of assignees of bankrupts, 550,

RELEASE:

of interest, instrument need not be produced on the voir dire, 107.
effect of, 3 & 4 Will. 4. c. 42., when equivalent to, 111.

witness rendered competent by, 121.

from drawer to acceptor of bill, id.

though not accepted, id.

from one of several plaintiffs, sufficient, 122.

from costs, by attorney, id.

partner or part owner, id.

joint, by commoners, with one stamp, id. 155.

aliter, by guardian, 122.

or residuary legatee, id.

or corporator to corporation, id.

stamp on, 155, 156. 173.

cannot be given in evidence under non assumpsit, 327.

when not a discharge of co-contractor, id.

plea of, supported by covenant not to sue, id.

aliter, in case of covenant by one of several joint creditors, where
action by all, id.

discharge of one joint and several debtor, a discharge of all, id.
when a defence in action for disturbance of way, 347.

of tenant by landlord, no defence in action against sheriff, 608.
REMAINDER-MAN:

incompetent to establish preceding estate tail, 108.

may take advantage, as privy, of judgment for another remainder-man,

134.

admittance of tenant for life, admittance of remainder-man, 440.
incompetent witness in ejectment for the land, 453.

REMANET:

where cause made, a subpoena must be resealed and reserved, 100.
RENT:

presumption of payment of, from receipt for later arrears, 20.

of quit rent to lord of manor, from long payment of small unvaried
rent, 22.

receipt of, from undertenant, proof of use and occupation by receiver,
198.

when tenant liable for proportion of, 199.

wrongfully paid, when recoverable, 294.
interest not recoverable on formerly, 299.

proof of rent due in action for excessive distress, 392.

plaintiff cannot recover, unless distress excessive with reference to
real rent, 393.

expulsion from part of premises, a suspension of the whole rent, 395.

RENT(continued)

payment of, primâ facie sufficient to charge party as assignee in cove-

nant, 396.

forbidding plaintiff's tenant to pay, no breach of covenant for quiet
enjoyment, 400.

covenant for arrears of, may be brought within twenty years, 403.

evidence in action of debt for, 404.

on plea of non demisit, id.

proof of demise, id.

title of plaintiff, as assignee of the reversion, id.
variance in statement of demise, 405.

in statement of rent, id.

on plea of nothing in arrear, id.

proof of payment, id.

defence,

that debt due to plaintiff shall go in satisfaction, id.

when sums expended in repairs may be given in evidence, id.
compulsory payment of charge on the land, id.

statute of limitations, id.

must be on special plea, id.

evidence in action of debt for double rent, 408. See Double Rent.
payment of, to common agent, evidence of joint-title in ejectment, 413.
payment of, under error, no estoppel in ejectment, 418.

payment of, a proof of tenancy from year to year, id.

variation in, during tenancy, does not create a new tenancy, 425.

receipt of, evidence of commencement of tenancy, 424.

waiver of notice to quit, 427.

payment of, to third person, where a forfeiture, 428.

evidence on ejectment on breach of condition for non-payment of, 429.
acceptance of, when a waiver of forfeiture, 431.

tender of, prevents accruing of forfeiture, 432.

receipt of, by ancestor, evidence of seisin in fee, 433.

meaning of word, in 3 & 4 W. 4. c. 27. s. 2. 451.

avowry for, in replevin, 454.

effect of tender of, on distress, 458.

RENT CHARGE:

ejectment for, 430.

to whom made, id.

REPAIRS:

liability to, ratione tenuræ, not proveable by reputation, 28.
want of, a good defence in action for use and occupation, 202.
of ship, goods sold to defray, not loss by perils of the seas, 240.
liability for, 285.
See Ship.

of fences, who is liable for, S36. 485.

of pew, done by owner of house, evidence of annexation, 349.
proof of breach of covenant to repair, 398. See Covenant.

when the defendant in debt for rent may shew repairs, 405.

when notice to repair is a waiver of forfeiture in case of covenant to
repair, 431, 432.

REPLEVIN BOND:

attesting, a taxable item, 256.

in action against sheriff for taking insufficient pledges, when execution
of need not be proved, 94. 615, 616.

proof of insufficiency of sureties (who are competent witnesses), 616.
REPLEVIN:

right of beginning in, 177. 454.