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IX. Of the Nature of a Promissory Note, 425. Stat. 3 & 4
Ann. c. 9, s.1, placing Promissory Notes on the footing
of Inland Bills of Exchange, 425. What are Negoti-
able Notes within the Statute, 425. Of Bankers'
Notes, 431. Joint and several Notes, 432. Considera-
tion, 432. Stamp
X. Of the Time when a Note ought to be presented for pay-
PAGE
434
ment ..
XI. Of the Declaration, 437. Pleadings, 437. Evidence, 437.
Conclusion
439
CHAPTER X.
CARRIERS.
I. Of Common Carriers and their Responsibility
II. Of the Stat. 11 Geo. IV. & 1 Will. IV. c. 68, limiting
the Responsibility of Carriers by Land as to the Loss
of Parcels of a certain Description. Stat. 7 Geo. II.
c. 15; 53 Geo. III. c. 159
III. Of the Statute 17 & 18 Vict. c. 31, s. 7—the Railway and
Canal Traffic Act, 1854 ..
IV. Of the Lien of Carriers
V. By whom Actions against Common Carriers ought to be
brought
VI. Of the Declaration, 459; and Pleadings under the New
Rules
441
447
452
455
CONTENTS.
CHAPTER XI.
COMMON.
I. Of Right of Common
II. Of Common of Pasture, 466; Appendant, 467; Appur-
tenant, 468; In Gross
III. Of the Interest of the Owner of the Soil subject to Right
of Common
IV. Of Approvement and Inclosure
V. Of the Remedy for Disturbance of Right of Common
VI. Of Surcharges by Commoners
VII. Prescription 2 & 3 Will. IV. c. 71
VIII. Evidence, 482; Levancy and Couchaney
465
469
CHAPTER XII.
COVENANT.
I. Of the Action for Breach of Covenant, 487. Where As-
sumpsit, &c., will lie though there be a Deed
II. Of the Construction of Covenants
III. Of the different Kinds of Covenants
1. Express, 492; running with the Land
2. Implied..
3. Alternative
V. By whom the Action of Covenant may be maintained
VI. Against whom the Action of Covenant may be maintained
1. Heir
2. Executor
..
530
3. Assignee
531
II. Debt on Simple Contract
III. Debt on Bond, 573. Of the Pleadings
1. Non est Factum, and Evidence thereon
2. Accord and Satisfaction
3. Duress
4. Illegal Consideration
may
be main-
569
1. Immoral, 582. In Restraint of Trade, &c.
2. Gaming, 586. Sale of Office, 587. Simony
-Resignation Bonds
582
590
IV. Debt on Bail-bond, 604. Assignment of, under Stat. 4
Ann. c. 16, 608. Declaration by Assignee, 610. Of
the Pleadings
611
612
V. Debt on Bond, with Condition to perform Covenants
VI. Debt on Bond of Ancestor against Heir, 616. Pleadings,
Riens per Descent, 617. Of the Liability of the Heir,
619. Of the Liability of Devisee, 619. Judgment, 621.
Execution
VII. Debt on Judgment, 622. Costs
621
623
VIII. Debt for Rent Arrear, 624. Declaration, 625. Plead-
ings, 626. Eviction, 626. Nil habuit in Tenementis,
628. Payment, 629. Statute of Limitations, 629. For
Use and Occupation, 630.
over, for double Value, 630.
over, for double Rent, 633.
IX. Debt for Penalties
Against Tenants holding
CHAPTER XV.
DETINUE.
I. Of the Action of Detinue, and in what Cases it may be
maintained
II. Of the Pleadings and Evidence
III. Of the Judgment..
CHAPTER XVI.
DISTRESS.
I. Of the Nature and Origin of a Distress
II. Of the Causes for which a Distress may be taken
III. Of the Things which may or may not be distrained
IV. Who may distrain
672
676
678
680
685
V. Of the Time at which a Distress may be taken..
VI. Of the Place where a Distress may be taken
VII. The Manner of disposing of Distresses; and herein of the
Sale of Distresses for Rent Arrear
VIII. Of Pound Breach and Rescue
IX. Of abusing the Distress, and of Irregularity in the Pro-
ceedings by the Party distraining