PENALTY;

implies a prohibition, and a contract to do an act which subjects
a party to a penalty is void. 7.

obligor in a bond liable only to the amount of the. 740.

PERFORMANCE;

a good plea in covenant. 698.

plea of, in an action on a bond. 768.

PERSONAL;

covenant, what. 618.

representatives are bound when named in a covenant. 680.
trespass lies for injuries to, property. 1405. 1408.

PETITIONING CREDITOR;

of bankrupt, to give a bond to the lord chancellor, to prosecute

the commission. 215.

debt of, what shall be sufficient to support a fiat. 235. 1549.
who may be. 256, et seq.

PEW;

when trespass will lie for breaking. 1441.

PHYSICIAN,

cannot sue for fees. 83.

PLAINT; see REPLEVIN.

removal of, from an inferior to a superior court. 1327.

PLEADINGS; see ASSUMPSIT; DEBT; COVENANT.

non assumpsit. 126, 127.

in actions by assignees of bankrupt. 295.

in an action on a bill of exchange. 494.

in actions against carriers. 536.

in an action on the case. 599.

in debt on bond. 767.

on bail bond. 779.

in actions by executors. 1007.

in actions against executors. 1005.

in actions on policies of insurance. 1220.
under the statute of limitations. 1272.

in an action for malicious prosecution. 1295.

in replevin. 1329.

in an action for slander, or a libel. 1589.
in trespass for an assault and battery. 1413.

in trespass for false imprisonment. 1437.

in trespass for injuries to real property. 1447.

in trover. 1492. in an action on the warranty of a horse. 1510.

PLEDGES; see REPLEVIN.

PLENE ADMINISTRAVIT;

replication to a plea of. 1006.

what evidence may be given under. 1007. 1559.

POLICY OF INSURANCE; see INSURANCE.

POLL; see ELECTION.

POSSESSION; see ENTRY; ADVERSE POSSESSION; TRESPASS;

TROVER.

of co-parcener, joint tenant, or tenant in common, is not to be
deemed that of their companion. 838.
not adverse, when the title of the claimant is acknowledged. 839.
when vacant, how to proceed in ejectment. 854.

POSSESSION, continued.

when demand of, must be made before ejectment. 862.
when writ of, may be immediately issued in ejectment. 943.
plaintiff in trespass for injuries to property must have actual, or
right of. 1405. 1439. 1441.
defence of, a sufficient justification in trespass for an assault.
when sufficient to maintain trover. 1476.

POUND; see DISTRESS.

cattle put in, must be supplied with food by distrainer. 810.
remedy for breach of. 814.

amending the record. 1309. 1571.

1414.

judgment according to the right and justice of the case. 1314.

judge's certificate respecting costs. 1315. 1571.

speedy execution. 1921.

in replevin. 1342.

PREMIUM;

paid under a void indenture, not recoverable. 68.

for insuring a lottery ticket, recoverable. Id.

1571.

insured entitled to a return of, when no risk has been run. 1289.
PRESENTMENT OF A BILL OR NOTE; see BILLS OF EXCHANGE.
for acceptance, within what time to be made. 416.

for payment, should be made within a reasonable time. 434.
and within the usual hours of business. 439.

when it must be made at a particular place. 440. 442.

PRESUMPTION; see LIFE.

PRINCIPAL; see AGENT.

when he may sue and be sued upon contracts made by agent. 96.

PRINTING;

105.

charge for, cannot be enforced if done in contravention of the

PRIVILEGE;

of attorneys. 193.

of parliament, in case of bankruptcy. 212.

of carriers. 528.

of a married woman from arrest. 1105.

PRIVILEGED COMMUNICATIONS; see SLAnder.

what are in general. 1363.

law. 10.

any thing said bona fide in giving a character of a servant. 1366.
words used in judicial proceedings. 1369.

words used by a barrister or a member of parliament. 170.

criticisms of literary works. 1370.

plea of, must deny malice. 1992.

PRIVILEGED PUBLICATIONS;

parliamentary proceedings are. 1371.

so are reports of judicial proceedings in general. 1375.

PRIVITY;

of contract must exist to sustain an action for money had, &c. 51.
PROBABLE CAUSE; see MALICIOUS PROSECUTION.

is a mixed question of law and fact. 1291.

PROBATE; see EXECUTORS.

how to be taken out where there are bona notabilia. 963.

an executor cannot maintain an action before. 972.

PROCESS;

how to be issued to avoid the statute of limitations. 1251.
wrongful execution of, will subject a party to an action of tres-

PROFERT ;

allegation of, in a declaration in covenant. 690.

PROFESSIONAL MEN;

compensation to. 88.

PROMISE; see ASSUMPSIT; CONTRACT; CONSIDERation.

pass. 1444.

by husband to pay wife's debt contracted before marriage, not

binding. 37.

to do a thing without a reward, when binding. 38.
if entire, and part be void, it is void altogether. 42.
to pay a stranger to the consideration, void. Id.
by an infant after age, to be valid must be in writing. 138. 340.
so must that of a bankrupt to pay a debt discharged by certificate.

328.

so must that of an executor to pay debts of testator. 1022.
to answer for the debt of another must be in writing. 1023.
to pay the debt of an infant need not be in writing. 1024.
if entire, and void in part for not being in writing, it is altogether
void. 1030.

need not be in writing if the third party be not liable. 1025.

1031.

must be in writing, to obviate the statute of limitations. 1256.

1258.

PROMISSORY NOTE; see BILLS OF EXCHANGE.

properties of. 337.

PROSECUTION; see MALICIOUS.

PROTECTED TRANSACTIONS; see BANKRUPTCY.

dealings with a trader two months before his bankruptcy are.

PROTEST; see FOREIGN BILL.

PUBLICATION;

proof of, in an action for a libel. 1393. 1572.

PUBLIC POLICY;

contracts against, are void. 23.

PUFFING; see AUCTIONS.

267, et seq.

Q.

QUANTUM VALEBANT;

when a vendee of goods is liable for. 93 to 96.

QUIET ENJOYMENT; see Covenant.

covenant for, extends only to disturbance under a lawful title.

what constitutes a breach of such covenant. 624.

622.

R.

RATIFICATION ;

of a contract by an infant after age. 138.

REAL PROPERTY;

limitation of actions in respect of. 1275.

no land to be recovered but within twenty years after right of

action has accrued. 1976.

when trespass will lie for an injury to. 1458.

RECEIVING HOUSE; see CARRIER.

RECITAL; see CONDITION; BOND.

RECOGNIZANCE;

definition of; ranks above specialty debts. 980.

REGISTER;

examined copy of, is evidence of marriage. 1457.
REINSURANCE; see INSURANCE.

RELEASE;

will discharge a covenant. 652. 654.

must be specially pleaded. 699.

RENT;

when debt lies for. 716.

when there may be an apportionment of. 718. 1557.

when not. 725.

limitations in recovery of. 726. 1283.

double, when recoverable. 729.

is the highest remedy known to the law; taking bond or other

security for, will not extinguish it. 793.
reserved by specialty, not barred by the statute of limitations un-
til after ten years. 1285.

REPAIR; see COVENANT.

covenant to, not broken by ordinary decay. 616. or by making
an alteration. 617.

REPLEVIN;

when an action of, will lie. 1323.

of the mode of proceeding in. 1325.

the declaration. 1328. the pleadings. 1329.

avowries and cognizances. 1331.

of the plaintiff's replication to an avowry or cognizance. 1335.
evidence. 1347. judgment. 1339.

costs; practice. 1341.

writs of recaption and second deliverance. 1343.

proceedings on the replevin bond. 1944. 1571.

proceedings against the sheriff for taking insufficient pledges. 1347.

REPLICATION; see DE INJURIA; NEW RULES.
to a plea of infancy. 138.

of nil debet to a set off. 161.

to a plea of tender. 169.

in assumpsit. 176.

REPUTED OWNERSHIP; see BANKRUPTCY.

what constitutes. 246, et seq.

REQUEST;

necessary, to support a promise, when the consideration is past.

36. 38.

and where the defendant has derived no benefit from the plain-
tiff's acts. 37.

of defendant, must be express or implied in an action for money

when it must be averred in the declaration. 1201.

RESCUE ;

definition of; remedy for. 814.

RESPONDENTIA; see BOTTOMRY.

RESTITUTION;

when the court will award writ of. 944. 1559.

REVENUE; see EXCISE.

paid. 70, 71.

non-observance of regulations of, without fraud, will not avoid a

contracts in contravention of, when void. 16.

REVERSIONER;

may bring an action for obstruction of lights. 560.
or for any injury to his interests. 585.

REVOCATION; see WILLS.

REWARD;

contract. 8. 18.

offering, by advertisement, will support assumpsit. 29.
carrier without, liability of. 527.

RIENS IN ARRERE;

a bad plea in covenant. 695.
demurrable in debt. 723.

RISK; see CARRIER.

commencement and termination of, in policy of insurance. 1143.

1145.

if none has been run, there must be a return of premium. 1209.
RUNNING DOWN;

vessels at sea; case lies for. 542.

S.

SALE; see AUCTION.

of public offices, illegal. 25.

of a distress, how to be made. 810.

when property in goods passes by. 1470.

SCIRE FACIAS;

pleadings in debt on. 716.

SCRIVENER;

definition of; may be a bankrupt. 204.