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.

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.

consideration requisite to maintain a contract in general, ib.

consideration, legal, definition of, ib.

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

consideration precedent, what is good, 343.

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.

cases in which the Crown cannot grant, 26.

PARLIAMENT. See HOUSE OF COMMONS, Statute.
PARSON,

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.

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.

liability of agent, 376-378.

co-partnership, 378.

husband and parent, 379.

sheriff, ib., 380.

ratification of agent's act, 380-383.

in actions of tort, 383, 384.

agent cannot delegate his authority, 384, 385.
except by the usage of trade, 386.

liability of master for tort by servant, 386-388.
exceptions, where the tort is wilful, 389.

public functionaries, ib.

servants of the Crown, 390.

criminal law, 391, n.

PROCESS

cannot be served on Sunday, 19.

mistaken serving of, whether actionable, 95.

PROPERTY.

sic utere tuo ut alienum non lædas, 160—171.
in land, 172, 175.

in minerals, 175, 176.

in trees, 177-180.

how acquired by occupancy, 329.

in animals feræ naturæ, 330.

QUARE IMPEDIT

by the Crown, where preferment has lapsed, 29.
by tenants in common, 121.

QUARTER SESSIONS,

where concurrent in jurisdiction with assizes, 12.

surety on replevin bond discharged by death of distrainee, 114.

RES INTER ALIOS ACTA, 432.

RETAINER. See EXECUTOR.

REVERSIONER. See CASE, EXECUTOR, FIXTURES.

what is incident to the reversion, 203.

SALE OF GOODS. See CAVEAT EMPTOR, CONTRACT, MARKET OVERT.

effect of a sale on credit, 307.

SEA-WALL,

who liable to repair, 108.

SEISINA FACIT STIPITEM. See HEIR.

rule explained, 226—228.

did not apply to estates tail, &c., 229.

succession of a sister in preference to a half-brother, 233.

rule applied to copyhold estate, 234.

SET-OFF.

inapplicable to heir of devisee, ib.

to estates tail, ib.

abrogated by Inheritance Act, 228, 235.

See PRINCIPAL AND AGENT.

law of, 134.

SHERIFF. See BANKRUPT, DOMUS, EXECUTION, EXTENT.

liability of, for ministerial acts, 8, 52.

action against, for an escape, 95.

continuing in possession after return-day of the writ is a tres-
passer ab initio, 140.

liability of, for mistaken seizure, 155.

may summon the posse comitatus, 201.

liability of, for acts of his officer, 318, 379.

SLANDER. See CASE.

privileged communications, 150.

literary criticism, 151.

SPECIAL CASE,

plaintiff refusing to prepare, 71.

SPECIALTY. See BOND, COVEnant, Deed.

how discharged, 408-411.

by agreement under seal, 408.

accord and satisfaction, 410.

SPECIAL VERDICT,

how construed, 70.

STATUTE OF FRAUDS. See CAVEAT EMPTOR, CONTRACT, Lease.

STATUTE OF LIMITATIONS. See LIMITATION.

effect of a conditional promise, 281.