LAND,

legal definition of, 172, 175.

LANDLORD AND TENANT. See DOMUS, EJECTMENT, FIXTURES,

LEASE, PROPERTY.

apportionment of rent, when land lost by casualty, 109.

in case of eviction, 319.

liability of, premises being destroyed by fire, 110.

of tenant for waste, 177, 179.

where tenant may cut down trees for repairs, 178.
right of tenant to emblements, 180, 182, 184, 199.
to away-going crop, 185–189.

liability on covenants running with the land, 204, n.; 313.
custom of the country in farming, where applicable, 284.
qui sentit commodum sentire debet et onus, 313.

applied to the liability of tenants to repair, ib.
landlord's lien for one year's rent, 391.

LAPSE

of church preferment to the Crown, 29.

notice to patron of presentee's insufficiency, 80.

LEASE. See LANDLORD AND TENANT.

for any term warranted by power to lease for a greater, 76.
where void or voidable, 78.

when act of God discharges lessee, 111.

of minerals gives right to open mines, 198.
right of lessor to enter to fell timber, 199.

effect of a covenant to repair, 305.

agreement for, how affected by the Statute of Frauds, 306.
under a power, 309, n.

how a power to lease may be exercised, 310.

LIBEL. See CASE, SLANDER.

LIEN.

what malice will sustain a prosecution for, 152.

See LANDLORD AND TENANT, LIMITATION, PRINCIPAL AND
AGENT.

of a broker on goods of his principal, 307, 373, n.
of a banker, 307.

LIMITATION OF ACTIONS, 393.

ejectment, ib., 394.

debt and covenant, 395, 396.

on simple contracts, 396, 397.

ex delicto, 397.

writ of error, 398.

prescription, ib., 399.

MALICIOUS PROSECUTION,

action for, 45, 98.

MANDAMUS

does not lie to the Crown, 99.

MARINE INSURANCE.

perils of the sea, what, 104-106.

MARKET OVERT

defined, 368.

sale in, 333.

custom of London, 369.

MARRIAGE. See HEIR.

extinguishes a debt between the parties, 53.

exceptions, ib.

can a clergyman be sued at law for refusing to perform? 99, n.
consensus facit matrimonium, 213.

per verba de præsenti, 214.

per verba de futuro, 215.

between parties under age, 216.

consent of parents or guardians, 217.

of members of the Royal family, 218.

according to the lex loci, for what purposes valid, 222.

at British embassies, &c., 222, n.

MASTER AND SERVANT. See PRINCIPAL AND Agent.

servant justified for acts done in defending master from felony, 7.
communication of the character of a servant is privileged, 151.
what constitutes the relation of, 386, 387.

MINERALS. See LEASE.

property in, 175, 176.

MISDEMEANOUR. See CONSPIRACY, CRIMINAL LAW.

in trespass, all are principals, 158.

MONEY HAD AND RECEIVED,

where the action for, lies, 37, 124, 128, 322.

action for freight on treasure paid by captain of a king's ship, 122.
money paid voluntarily, 129.

under compulsion, ib.

under compulsion of law, 131, 132.

MONEY PAID,

where recoverable, 122-125, 323.

action for, by surety against co-surety, 346, n.

INDEX.

MORTGAGE. See EJECTMENT.

how a posterior mortgage may be tacked to a prior, 332.

MURDER. See CRIMINAL LAW.

special malice not requisite to be proved, 145, 154.

NEW TRIAL,

on account of misdirection, 47.

in penal actions, 48.

not granted where the matter in dispute is inconsiderable, 156.

NON COMPOS MENTIS,

lunatics and idiots not chargeable for their acts, 9, 147.
civilly liable, 150.

NUDUM PACTUM,

definition of, 336.

consideration requisite to maintain a contract in general, ib.

consideration, legal, definition of, ib.

a contract under seal, 337.

a benefit to plaintiff or detriment to defendant, 341.
what moral obligation is sufficient, 342.

consideration precedent, what is good, 343.

executed, 344.

implied request, ib.

implication of law, 345.

concurrent, 346.

mutual requests, 347.

continuing, 348.

executory, ib.

NUISANCE,

indictment for, 4.

action, ib.

cannot be pardoned by the Crown, 26.

case for, 162, 165.

NULLUM TEMPUS OCCURRIT REGI. See QUARE Impedit.

meaning of the maxim, 27.

how qualified by statute, 28.

OMNIA PRÆSUMUNTUR RITE ESSE ACTA, 427.

OPTIMUS INTERPRES RERUM USUS, 415.

OUTLAWRY. See ERROR.

right of, to emblements, 182.

PARTNER. See PRINCIPAL AND AGENT.

when executors of a deceased, may take his place, 306.

how parties may limit the effects of their partnership, 312.
as in the case of freehold lands, ib.

responsibility of, how created, 315.

PAWNBROKERS.

acts relating to, 369.

PENALTY,

seizure for, under the revenue laws, 30.

debt for, under statute, 93.

PETITION OF RIGHT,

remedy by, for wrong occasioned by the Crown, 25.

case where it will not lie, 390.

effect of pleading over, 59, 60, 77.

surplusage, 83, 84.

certainty in, 87.

apices juris, 88.

in trespass, where authority is pleaded, 143.

ambiguous, shall be taken fortius contra proferentem, 257.
cured by pleading over, ib.

relative words, how referred, 293.

POLICY OF INSURANCE,

Court will consolidate several actions on the same, 136.

on a life, avoided by suicide of assured, 148.

interpretation of general terms in, 295, 308.
evidence in action on, 441.

PRACTICE.

effect of irregularity in legal process, 57, 61.

PRECEDENT

must be followed, 61–63.

exceptions, 62.

PRIMOGENITURE,

law of, 331.

PRINCIPAL AND AGENT. See CAVEAT EMPTOR, Contract, Lien.

right of set-off, 69, 315.

general rule, qui facit per alium facit per se, 373–391.

payment to or by agent, 374.

delivery of goods to a carrier, 375, and n.

agency for sale of goods, 375.

del credere, ib.