to whom the statute applies, 19.

Plea and Pleading, see tit. Replication.
statute of limitations,

Possession,

not pleadable to debt for arrears of rent reserved by inden-
ture, 87.

in debt, if necessary to be pleaded? q. 215.

old way of pleading, 223.

when pleaded to the whole of a declaration, and bad in part, 225.
relates to a distinct, and not to a continued act, 229, 230.

may be pleaded to part of the trespass complained of, 231.

non assumpsit infra sex annos,

when insufficient, 215 to 218.

actio non accrevit infra sex annos,

safest way of pleading, 218.

must answer the promise laid in the declaration, 219. 221.
should conclude with a verification, 223.

must disclose the matter which the statute makes a bar, 226.
or will be bad on special demurrer, 223.

Profits,

bare perception of, no disseisin, 24.

taking of by a stranger with the true owner for 20 years, 2

Promise, see tit. Acknowledgment.

to pay debt barred, restores the remedy, 188.

aliter, formerly, without new consideration, ib.
conditionally, upon condition being performed, ib.

24.

to executor, cannot be given in evidence under non assumpsit
to the testator, 189.

may be raised from an acknowledgment of debt, 190.
must be raised to a person living at the time of acknowl
ment made, ib.

Promissory Note,

joint and several acknowledgment by one of the drawers of, 202.
may be given in evidence against the others, ib.

Prout patet per recordum, see tit. Replication,

Replication, 231 to 243.

Right,

of a latitat must show the return and continuance, 232.
need not be with a prout patet per recordum, 234.
need not show a bill of Middlesex precedent, 235, 236.
clausum fregit must show return and continuance, 232.
aliter, if by special original, 232.
sed quære, 233, 234.

capias need not show an original precedent, 236.

promise to executor, all the promises in the declaration being
laid to the testator, a departure, 257.

varying from the declaration in an immaterial matter, no de-
parture, 239.

in time, if the time in the declaration were not materi-
al, 241.

in time and place, to follow the plea, no departure, 243.
of the fourth section, 237.

special, must conclude with a verification, 238.

in the statute, means right of entry, 17.

Set-Off,

cannot be of a debt barred by the statute of limitations, 94.

Sheriff,

statute pleadable to indebitatus assumpsit against a sheriff for mon-
ey levied under a fieri facias, 83.

Specialty,

Glander,

aliter, if case be brought, 96.

statute not pleadable to debt grounded on, 86.

of title, not within the statute of limitations, 101.

Stranger,

taking a moiety of the profits by, for more than twenty years, 24.
receipt for rent by, no possession to take it out of him having right
36.

though he make a lease by indenture, 37.

aliter, if he make actual entry, ib.

T

Tenant,

possession of, 27.

declaration by, that he is in possession for a stranger, 37.

Time of Limitation see tit. Accounts.

for suing writs of formedon, 10.

making entry into lands, &c. 18.

in actions of accounts, 3.

assumpsit, 83.

debt, 86.

detinue, 3.

case, 96.

for slander, 102.

trover, 97.

replevin, 3.

trespass to lands, 111.

personal property, 3.

persons, 111.

with consequential damages, 113.

runs immediately on an adverse possession, 19.

right to enter aceruing, 37.

when against tenants in common, &c. 28.

when it begins to run in trover, 97.

trespass for crim. con. 115.

to commence new action within the equity of the fourth section, 237.
when it begins to run, no subsequent disability stops it, 60, 62.

Tradesman, see tit. Accounts.

Trespass,

to lands, 110.

for mesne profits, ib.

passes over all mesne acts, 84.

for continued imprisonment, 113.
with consequential damages, ib.

Trover, see tit. Pleading, Time.

omitted in the perclose of the statute, 3.

implied in the general words, “actions upon the case,” 97.

cause of action in, accrues on the conversion, ib.

refusal, evidence of, ib.

special, must show how the possession has been, 23.

Within age, see tit. Assumpsit.

W

privilege by reason of, not saved by the statute in assumpsit, 181.

Words, 102 to 110, see. tit. Costs.

actionable in themselves, 109.

no more costs than damages, if under 40s. ib.

not in themselves actionable, ib.

the special damage is the cause of action, ib.
carry full costs, ib.

INDEX

[TO THE NOTES, &c.}

ÁBANDONMENT, Vide Title, VOLUNTARY ABANDONMENT.
ABATEMENT,

suit terminated by, and not revived, takes no time
out of the Statute, 163, n. [1.]

ACCOUNTS, Vide Titles, MERCHANDIZE, PRINCIPAL AND FACTOR.
between Merchant &c.

exceptions concerning, 70, n. [1.]

parties within, 70, n. [1.]

Merchants,

70, n. [1.]

foreign,
70, n.
[1.]
inland,

70, n.
[1.]

other per-

sons 70,

ACCOUNTS, continued.

closed by cessation of dealings between the parties,
are not accounts stated, 71, n. [1.] & [2.]

AC ETIAM CLAUSE,

writ with, a good continuance of common pro-
cess, 147, n. [3.]

ACKNOWLEDGMENT, Vide Titles, EXECUTOR, PAYMENT, PROMISE.
does not revive the old debt, 188, n.

[2.]

it is evidence only of a new promise, 188, n. [2.]
190, n. [1.] 201, n. [1.]

takes a case out of the Statute, 188, n. [2.] 190,
n. [1.] & [2.]

conditional, effect of it, 188, n. [3.] 189, n. [1.]

546.

to an Executor, cannot be given in evidence
under a Count upon an Assumpsit to his
Testator, 189, n. [2.]

by an Executor cannot be given in evidence un-
der a Count upon an Assumpsit by
his Testator, 189, n. [2.]
must be made, by a person competent to make
it, 189, n. [2.]

to a person who is in existence to
receive it, 189, n. [2.]

what sufficient, 188, n. [3.], 190, n. [1.], [2.] &
[3.] 546, 547.

Affidavit of debt by an Insol-
vent, 190, n. [1.]

filing account as an Exhibit in
Chancery, 201, n [1.]
stating an account, admitting
the debt, 190, n. [1.]
Recital in a Deed, 190, n. [1.]
Offer to pay principal with out
interest, 190, n. [1.]
& [2.]

to settle, 190, n. [1.] &
[2.] 201, n. [1.]

Agreement to arbitrate, 190,

n. [1.]

to refer, 190 n. [1.]

refusing to pay, and advising
plaintiff to bring suit,
190, n. [2,]

sufficient, if made after commencement of Suit,

190, n. [3.] 547.

need not be made to the Plaintiff, but may be
made to any other person, 190, n. [2.] 548.
of the debt, may be in whole or in part, 547.