QUO WARRANTO-continued. he who has concurred in inducing a person to exercise an office cannot but he who cannot be a relator may make the necessary affidavit, ib. test and corporation acts, ib. now partially repealed, 1166. effect of voting for an ineligible candidate, ib. if before notice of the ineligibility, 1167. of the limitation of time for granting an information, ib. limited to six years, ib. how this time to be reckoned, ib. application must be made within twelve calendar months, in case of enactments in 6 & 7 Vict. c. 89; ib. of the construction of charters, and effect of new charter, 1169. where old corporation incorporated by new name, they retain their new charter granted during existence of prior charter, is void ab corporation cannot accept part of a charter, 1170. effect of municipal corporation act upon corporations, ib. crown cannot compel corporation to accept a new charter, ib. necessity of enrolment of surrender of old charter, ib. as to granting a mandamus to fill vacancies, 1171. where charter is silent as to mode of continuing corporation, it has a title to be enrolled a burgess, 1172. when municipal corporation must contract under the common seal, 70 or being absent, ib. person interested in corporation contract incapable of being a coun- meaning of word “ contract," ib. by-laws, every corporation has power to make by-laws, 1173. what by-laws may be made, ib. what is necessary to give validity to corporate acts, 1173, 4. absolutely necessary that all who have a right to be present should be by-law must be consistent with the charter, 1175. by-law cannot explain a doubtful charter, 1176. sixty years' usage considered evidence of a by-law, 1177. of the inspection of the records of the corporation, ib. of the pleadings, ib. defendant can only plead to justify or disclaim, ib. cannot plead that he did not usurp, 1178. defendant may plead that six years have elapsed since he was admitted prosecutor may reply a forfeiture, &c. within six years, ib. where plea contains several facts, form of replication, ib. evidence, 1179. corporation books when admissible, ib. examined copies may also be given in evidence, ib. entry not evidence for corporation, unless it be of a public nature, ib. when deed of a corporation may be given in evidence, ib. QUO WARRANTO-continued. how to prove seal of corporation, 1179. a regular usage for twenty years, evidence of immemorial custom, ib. effect of insertion of name of town in schedule (A.) of municipal act, 1181. judgment of ouster and relator's costs may be given under the statute, 1182. court will grant a new trial in case of an information in nature of quo relator's costs can only be recovered when case is within stat. 9 Anne, RAILWAY COMPANY: R. liability of, on acceptance of parcel to carry, 418. READINESS AND WILLINGNESS: See tit. CONCURRENT ACTS. abolished, with exceptions, 692, n. (1). RE-ASSURANCE, 1019. REASONABLE TIME: as to notice of dishonour of bill or note, 356, 372. abandonment, 974, 5. RECAPTURE. of ship, 963. RECEIPT: legal effect of, 86, 1145. not conclusive evidence that party signing it has actually received the receipt of rent is evidence of subsisting tenancy, 709. receiver, appointed by Court of Chancery, is an agent within stat. 4 Geo. II. RECITAL: when conclusive in a deed, 1340. RECOGNIZANCE: in what order debts due on recognizances ought to be paid by executor, recognizance not enrolled is considered as a bond, ib. RECTORY: in ejectment for rectory, what must be proved, 761. RE-ENTRY: provisions of statute relating to, for non-payment of rent, 733. REGISTER: register, evidence of a marriage, 13, 762. omission in entry will not affect validity of marriage, 13. non-parochial registers, when evidence, ib. register, or examined copy, is evidence to prove christenings, marriages, or not evidence to prove place of birth, ib. registration of marriage, statutes concerning, 20. register of merchant seamen, statute concerning, 1242, 5. REGISTRY: what proof necessary in trover for certificate of ship's registry, 1391. where ship ceases to enjoy privileges of British ship, 1227. who may be registered as owners, 1228. at what place ships shall be registered, 1229. of the requisites of the certificate, 1229, 1230. what is required on the part of the owners to obtain registry, 1230. of the transfer by bill of sale, 1232. when and how registry de novo is to be made, 1237. what is required upon change of master, 1239. penalty for detention of certificate, 1240. evidence of books of registry, 1241. lien by reason of deposit of, 1388 RELATOR: who may be, 1163. new rule concerning, ib. RELEASE: replication to plea of, 141. plea of, to action for breach of promise of marriage, 142. plea of release puis darrein continuance, 141. of the plea of release to debt on bond, 588. fraud may be replied, 588, n. release by one of several obligees will bind all, 588. so a release to one of several obligors may be pleaded by the others, ib. effect of obligee making obligor his executor, 588, 9. if feme obligee take obligor to husband, this is a release in law, 589. covenant not to sue will operate as a release by construction only, ib. covenant not to sue must be perpetual, in order to enure as a release, 590. covenant not to sue by one of plaintiff's partners, effect of, ib. release of all actions will not discharge covenant before breach, 547. release by discharge under insolvent act, ib. RELIGION: of witness, 883, 4. REMAINDER-MAN: effect of acceptance of rent by, 717. RENT: of premises destroyed by fire, 470, 1, 498, n., 1402. by whom and against whom it may be brought, 618, 9. lies by statute on lease for life, though life is continuing, ib. lies by statute, by executor of person seized of rent-service, &c., in fee against whom the action must be brought, 619. lessee for years, having assigned term, may sue for rent reserved, ib. action of debt for double value may be brought by one tenant in com- mon without companion, 620. this action may be brought after a recovery in ejectment, ib. tenant not delivering up possession after he has given notice to quit, of declaring in debt for use and occupation, 624, 1405. form of declaration, 624, 5. pleadings where demise is by deed, 625. of the pleadings in debt for rent arrear, 622, 3. long payment of a small rent, presumption from, 758. acceptance of by remainder-man, effect of, 717. receipt for rent up to certain day, evidence of commencement of tenancy,712. grantee of, may distrain goods of a stranger, 670. distress for, on lands in different counties, 679. on lands in possession of many tenants, ib. rent reserved by parol is in equal degree with bond debt in the administra- See DISTRESS-LANDLORD AND TENANT-NOTICE TO QUIT. REPAIRS: covenant to repair, 497, 718. its effect on lessee and lessor, 497, 8. binds, though damage caused by accident, 469, 470, 471, 497, 8; or by what satisfies the covenant, 498, 9. old premises, 499. heir, though not named, may sue on a covenant for not repairing, 500. plea by heir claiming to retain money laid out in repairs, where bad, 613. REPLEVIN: in what cases a replevin may be maintained, 1185. definition of a replevin, ib. lies only for goods and chattels, 1186. cannot be maintained for things affixed to the freehold, ib. of the proceedings in replevin at common law, and the alterations made how proceedings commenced at common law, ib. of the duty of the sheriff in the execution of replevin, 1189. See tit. SHERiff. both avowant and person making cognizance may take an assignment, form of declaration on repievin bond, ib. construction of replevin bonds, 1191, 92. under what circumstances bond will be considered forfeited, 1191. REPLEVIN-continued. breach in the declaration ought to pursue the condition of the bond, 1192. liability of sureties, 1192, 3. when discharged, ib. of claiming property, writ de proprietate probandâ, 1195. mode of proceeding in such cases, ib. of the process for removing the cause out of the inferior courts, ib. writ of pone at common law, ib. writ of pone under stat. West. 2.; 1196. writ of recordari facias loquelam, ib. effect of delivery of re. fa. lo. to clerk of county court, 1197. writ of accedas ad curiam, ib. species of re. fa. lo. where plaint is in the lord's court, ib. by whom a replevin may be maintained, ib. plaintiff must have either an absolute or special property in the goods, ib. if goods of feme covert taken, ib. executors may maintain replevin, 1198. parties having a joint interest may join in replevin, ib. of the declaration, ib. venue is local, ib. locus in quo must be stated in the declaration, ib. in inferior court locus in quo must be alleged within the jurisdiction, when close ought to be described by abuttals, ib. how goods ought to be described, 1199, 1200. of pleas in abatement, 1201. difference between replevin and other actions as to plea in abatement, ib. of the plea of cepit in alio loco, 1201. general issue, what is put in issue by, 1202. of the avowry and cognizance, 1203. how far assisted by plea where defective, ib. how money may be paid into court, ib. avowant is plaintiff within stat. of Anne, ib. avowries and cognizances affected by new rules, ib. of the avowry for damage feasant, 1204. defendant may avow that locus in quo was his soil and freehold, ib. difference between trespass and replevin in this respect, 1205. pleas in bar, ib. escape through defect of fences, ib. cattle must not be trespassing in close whence they came, ib. right of common, 1206, 7. tender of amends, 1207. if made before distress, makes the distress unlawful, ib. after distress, and before impounding, makes the detainer unlawful, ib. avowry for rent arrear, 1208. payment of rent primâ facie evidence of ownership, ib. sum claimed not material, 1209. when avowry is for parcel of rent, necessary averment, ib. money may be paid into court on an avowry for rent in arrear, ib. how joint-tenants ought to avow, ib. as to distraining for rent for ready-furnished lodgings, ib. |