Entered according to Act of Congress, in the year 1851, by

JOHN BOUVIER,

in the Clerk's Office of the District Court of the Eastern District of Penn

sylvania.

L 6716

NOV 1 1 1932

DEACON & PETERSON, PRINTERS,

66 SOUTH THIRD STREET.

TABLE OF CONTENTS.

BOOK IV. OF REMEDIES.

T. 1. Of precautions to be adopted before the commencement of an action, 3.

C. 1. Of the choice of a professional man, 3.

S. 1. Of attorneys, solicitors and proctors, 4.

S. 2. Of counsellors at law, 5.

S. 3. Of notaries public, 8.

S. 4. Of conveyancers, 9.

C. 2. Of the brief of the case, 10.

C. 3. Of the means of securing evidence, 11.

8. 1. Acts to be done by plaintiff, 12.

S. 2. Acts to be done by defendant, 14.

T. 2. Of remedies without legal assistance, 19.

C. 1. Of remedies by the act of the party aggrieved, 20.

S. 1. Of self-defence, 20.

S. 2. Of recaption and reentry, 20.

S. 3. Of abatement of nuisances, 24.

S. 4. Of the remedy by distress, 25.

§1. Of the rent for which a distress may be made, 28.

A. 1. Of the nature of the rent, 28.

A. 2. Of the amount of the rent, 29.

§2. Of the persons entitled to make the distress, 30.

A. 1. By tenant in severalty, 30.

A. 2. By joint tenants, 30.

A. 3. By tenants in common, 30.

A. 4. By husband and wife, 31.

A. 5. By tenant by the curtesy, 32.

A. 6. By tenant in dower, 32.

A. 7. By tenant for life, 32.

A. 8. By heir or devisee, 33.

A. 9. By trustees and guardians, 33.

3. Of the things which may be distrained, 34.

A. 1. Of goods absolutely exempt from distress, 34.

A. 2. Of goods conditionally exempt from distress, 37.

4. Of the time when the distress ought to be made, 38.

95. Of the place where a distress may be made, 39.

A. 1. On the land, 39.

A. 2. Off the land, 40.

§6. Of the manner of making the distress, 41.

A. 1. By whom to be made, 41.

A. 2. The form of seizing a distress, 41.

A. 3. Of the quantity of goods to be taken, 42.

A. 4. Of the proceedings after the seizure, 42.

7. Of the effects of the distress, 43.

C. 2. Of remedies without legal assistance by the act of both parties, 44.

S. 1. Of accord and satisfaction, 44.

1. Of the parties to an accord, 44.

§ 2. Of the requisites to a good accord and satisfaction, 44.

§ 3. Of the effect of an accord and satisfaction, 46.

S. 2. Of arbitration, 46.

§ 1. Of the submission, 46.

A. 1. It must be consonant with the submission, 49.

A. 2. It must be certain, 50.

A. 3. It must be equal and mutual, 51.

A. 4. It must be lawful and possible, 52.

A. 5. It must be final, 53.

A. 6. The form of the award, 53.

A. 7. The effect of the award, 53.

1. Of the remedy on the award, 53.

2. Effect of the award on the title of property, 54.

C. 3. Of the remedies without action by operation of law, 55.

S. 1. Of the right of retainer, 55.

1. Who may retain, 56.

A. 1. Of the right of a sole executor to retain, 56.

A. 2. Of the right when there are several executors, 56.

§ 2. Against whom an executor may retain, 57.

A. 1. Where the deceased was bound alone, 57.

A. 2. Where the testator was bound with others, 57.

A. 3. Where one person is executor of both obligor and ob-

ligee, 57.

§ 3. On what claims the executor may retain, 58.

§ 4. What amount may be retained, 59.

S. 2. Of remitter, 60.

S. 3. Of the right of lien, 61.

§ 1. Of the kinds of liens, 61.

§ 2. How liens may be acquired, 62.

§ 3. Of the claims for which liens attach, 64.

§ 4. How liens may be lost, 65.

§ 5. Of the effect of liens, 66.

T. 3. Of courts in general, 67.

C. 1. Of courts of record and not of record, 68.

C. 2. Of supreme, superior, and inferior courts, 69.

S. 1. Of the supreme or superior courts, 69.

S. 2. Of the inferior courts, 70.

C. 3. Of courts of civil and criminal jurisdiction, 71.

S. 1. Of courts of civil jurisdiction, 71.

S. 2. Of courts of criminal jurisdiction, 71.

C. 4. Of the territorial jurisdiction of courts, 71.

C. 5. Of the division of courts and their objects, 72.

S. 1. Of courts of common law, 72.

S. 2. Of courts of equity, 73.

1. Of the constitution of courts of equity, 74.

§2. Of the jurisdiction of courts of equity, 75.

S. 3. Of courts of admiralty, 78.

S. 4. Of courts martial, 79.

T. 4. Of the courts of the United States, 80.

་

D. 1. Of the central courts of the United States, 82.

C. 1. Of the senate of the United States as a court, 82.

S. 1. Of the organization of the senate as a court, 82.

S. 2. Of the jurisdiction of the senate as a court, 82.