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Taylor v. Mather Taylor v. Dobbins Thomas v. Bishop Thoresby v. Sparrow Tindall v. Brown Tisdale v. Essex Towers v. Osborn Tucker y. Randall

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Walker v. Constable . .
Watson & al. v. Loring & al.
Watson v. Turner & al.
Wegersloffe v. Keene
Wells, inhabitants of, v. Osborn

& al.
Whitwell v. Bennett
Wilkinson v. Lutwidge
Williams v. Leper
Williams v. Blunt
Wilson v. Clements
Wright v. Wright

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CONTENTS

OF VOLUME I. PART II.

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204

1. Of the requisite qualifications of

candidates for admission as attor

neys, in the common pleas 203 2. of the requisite qualifications of

candidates for admission as attorneys or counsellors, in the su

preme judicial court 3. Of the tax to be paid by attorneys

previous to admission 4. Of the declaration and oath to be

taken and subscribed by attorneys at the time of admission

207 5. Of calling barristers to the bar 207 6. Of the right of parties to manage

their causes personally, or by such
counsel as they shall elect

208 7. What description of persons cannot officiate as attorneys

209 8. Of the duty of attorneys to ap

pear of record ; and the consequence of omitting so to appear 210 9. Of offences and misbehaviour in

their office, for which attorneys
are punishable

210 10 of the liability of attorneys to

an action, for negligence or cor-
ruption in their office

Page. 2. The penalty incurred by an auc

tioneer for receiving goods for sale, of minors or servants ; or for selling his own goods before sun rise or after sun set

214 3. Duty of auctioneers to keep an

account of the persons of whom they receive, and to whom they sell goods

214 4. Of the manner in which the pen

alties incurred by a breach of the act of June 16, 1795, may be recovered

214 TITLE XXI. AUDITA QUERELA

215 1. The court from which this writ

must be siled, and to which it must be returned

216 2. Of declaring for damages 317 3. The respondent's plea

217 4. Of the liberation of the com

plainant in case he be in jail on the execution against which he seeks relief

217 TITLE XXII.

219 1. Of taking bail in civil actions 219 2. Of the bail bond

221 3. Of the liability of the officer for

taking insufficient bail
4. Proceedings of the plaintiff

against the bail on avoidance of
the principal

222 5. What shall discharge the bail 223 6. Proceedings of the bail against the principal

225 7. How the principal is to be dispos

ed of, after being surrendered 226 8. Of bail, in criminal cases 226

TITLE XXIII. BAILMENT 1. A naked bailment

229

BAIL

222

211

TITLE XX.

AUCTIONEERS

213 1. Of the licensing of auctioneers;

and the penalty for their selling at auction without such license 213

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2. A delivery of goods for accom-

modation, or a lending gratis 230
3. A delivery of goods to be used
for hire

231
4. A delivery by way of pledge 231
5. A delivery of goods to be car-

ried, or to which something is to

bę done, for hire
6. A delivery of goods for some

purpose (as to merchandize)
without reward

233
7. Of the property which the bailee

has in the thing bailed

Page.
several parties are chargeable af.
ter indorsement

260
9. Of bills of exchange and notes,

negotiable without indorsement 262
10. What shall amount to an ac.

ceptance of a bill of exchange 263
11. Of the manner of acceptance 267
12. Of the effect of an acceptance ;

and how it may be discharged 268
13. Of the protest of bills of ex.

change
14. Of cases in which the holder

of the bill or note shall be charg-
ed with the loss by reason of his
neglect ; or be exempted from it
for having used a due degree of

diligence
15. of notes considered as joint or

several
16. Uf the declaration....evidence..

interest

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TITLE XXVIII.

BILL OF SALE

TITLE XXIX.

1. Who are bastards

237
2. of the protection of bastard chil-
dren

238
3. Of the maintenance of bastard

children, and herein of the pro-

secution of the putative father 239
4. Of the rights and incapacities of

bastards

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243

TITLE XXX.
BRIBERY, EMBRACERY, AND
EXTORTION

282

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TITLE XXXI.
BURGLARY AND OTHER HOUSE.
BREAKINGS

285

1. What is burglary, at common law 285
2. Of the punishment of burglary
by statute

288
3. Punishment for breaking and

entering in the day time ; or en-
tering in the night time without
breaking, any house, shop, ves-
sel, &c. with a felonious intent 289

BILLS OF EXCHANGE, AND

PROMISSORY NOTES 247
1. Of the origin of bills of exchange

and promissory notes
2. Of the capacity of the contract.

ing parties to a bill of exchange
or promissory note

249
3. Of the consideration

250
4. What bills of exchange or pro-

missory notes are of a negotiable
. nature

253
5. Who may make an indorsement 255
6. Of the several kinds of indorse-

ment
7. The nature and effect of the in.
dorsement

257
8. In what manner and order the

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257

COLLECTORS OF TAXES 293
1. The choice of collectors ; their

308

Page.

tation, district, precinct or parish 308

15. Of a treasurer's execution or

warrant of distress against a col-
lector; the sale of property under
it; at what time such execution
is to be returned ; duty of the
sheriff holding the same to pay
over the moneys thereby collect-
ed: The sheriff's liability for

neglect in this particular
16. Proceedings in case a collector

absconds, baving in his hands as-
sessments unsettled

311
17. Proceedings where constables

or collectors have had rates com-
mitted to them, and have remov.
ed, or are about to remove from

the commonwealth
18. The fees of collectors

313
19. What property is exempted
from distress

314
20. What shall be deemed sufficient

evidence that a collector has
posted notifications for the sale of
lands

314

21. Power of a preceding collector

to perfect his collections after a

succeeding collector is chosen 314

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oath of office; the penalty which

these officers incur on refusal to

appear and take such oath, or to

serve in such office ; and herein

of the proceedings in such case 295

2. Proceedings in case any town or

district neglect to choose a con-

stable or collector, or where a

plantation neglects to choose a

collector

297

3. The power and duty of collectors

in relation to unimproved lands of

non-residents, and improved lands

of proprietors living without the

commonwealth

298

4. Duty of collectors in certain ca-

ses, previous to the advertisement

of non-resident proprietors' land

for sale, for non-payment of taxes 299

5. Of their power and duty in rela-

tion to persons taxed for real es-

tate in their possession, but who

are not owners thereof

300

6. Of their power and duty where

owners or tenants of improved

lands do not reside where such

lands lie

302

7. Of their power and duty in refer-

ence to persons who refuse to pay

their taxes

502

8. of their power and duty in refer-

ence to tax-debtors who are about

to remove from the common-

wealth, and whose taxes are

made payable at two or more

times of payment

304

9. Of their power and duty, in case

a tax-debior absconds"

304

10. Of their power and duty in re-

ference to tax-debtors who have

deceased, removed, or intermar-

ried

304

11. Their power to command aid

when impeded in the execution
of their office; and herein of the

liability of such as refuse their aid 306
12. Their duty to exhibit accounts

of moneys collected ; and herein
of the penalty which they incur

for the neglect of such duty 306
13. Their liability for neglecting to

make a seasonable collection and
payment of moneys to the trea-

surer and receiver general 307
14. Their liability for neglecting to
make a seasonable collection and
payment of moneys to the trea-
surer of any county, town, plan-

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TITLE XXXVI.

Page.
to double costs

343
4. In what cases a party is not enti-
tled to any costs

344
5. Of cost in criminal cases

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1. In what case the defendants are
entitled to a continuance, where
the sheriff sues the inhabitants of
his county for an escape which
happens through the insufficiency

of the jail
2. Of a defendant's right to a con-

tinuance, who is sued, as surety,

on a probate bond
3. Provisions for continuances,

where the defendant is out of
the commonwealth, at the time

of the service of the writ 32
4. A defendant's right to a conti-
nuance, when sued as executor
or administrator

326
5. Of continuing indictments, by

reason of the pendency of a civil
action for the same cause, or by
reason of the absence of a wit-
ness

328
TITLE XXXVII.

1. Of covenants considered as ex-
press or implied

350
2. Of mutual and independent cove-
nants

351
3. Of contingent and dependent co.
venants

351
4. Of concurrent covenants

352
5. Of covenants secured by penalty,
or bond, for performance

353
6. Of void and illegal covenants 354
7. Of joint and several covenants 354
8. Of covenant in reference to as-
signees

355
9. Of covenant in reference to heirs

and executors
10. Of covenants for quiet enjoy-

ment; and to save harmless 357
11. Of covenant for repairs

358
12. Of covenants of seizin ; and a
right to convey

359
13. Of covenants of warranty 360
14. Of the exposition of covenants 361
15. of the pleadings on the part of

the plaintiff, in actions of cove.
nant

362
16. Of the pleadings on the part of
the defendant

365
17. Of the damages
18. Of the judgment

367

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TITLE XLII.

TITLE XXXVIII.

CUSTOMS AND PRESCRIPTIONS 371

CORONERS

339
TITLE XXXIX.
Costs

341
1. In what cases a party is entitled
to full costs

341
2. In what cases a party is not en
titled to full costs

343
3. In what cases a party is entitled

1. Distinction between custom and
prescription

371
2. The legal requisites of a custom 372
3. The several species of things

which may, or may not be pre-
scribed for

375
4. Of the manner of prescribing 375
5. The limitation of prescription 376

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