DE INJURIA SUA PROPRIA-continued.

absque tali causâ, where a good replication, 35.
where not, 1330.

DEL CREDERE:

commission, nature of, 810 n.

DELIVERY:

of attorney's bill, 159, 161.

of deed, what sufficient, 537.

of goods, what sufficient to satisfy stat. of frauds, 858 n.
to carrier, vests property in vendee, 406, 7.

DEMAND AND REFUSAL:

evidence only of a conversion, 1380.

DEMESNE LAND:

meaning of term, 897.

DEMISE:

how laid in ejectment, 714, 5, 6.
from year to year, 698.
DENOMINATION:

of stamp, 311.

DEPARTING:

the realm, act of bankruptcy, 190.
DEPARTURE:

of vessel, on a particular day, 994.
with convoy, 997.

what shall be, in replevin, 1173.

DEPOSIT:

at sale by auction, when recoverable, 176.

DEPOSITION:

where not evidence, 756, 7.

of Gentoo, 876.

DEPUTATION:

to gamekeeper, 902.

DESCENT:

liability of heir having assets by, 585.

stat. 3 & 4 Will. IV. c. 106, concerning, 741, 2.

DESCRIPTION:

allegation of, must be literally proved, 1067 n.
matter of, must be proved, as laid, ib.

DETAINMENTS:

of kings and people, insurers liable for, 957.
DETENTION:

unlawful, how declared on, 907.

unlawful, new taking, 1201.

DETERMINATION :

of suit, proof of, necessary, in action for malicious prosecution, 1058, 1066.

DETINUE:

where this action will lie, 655.

the goods or value may be recovered, ib.

property must be in plaintiff, at the time of the action brought, 656.
the property, without having had possession is sufficient, ib.
detinue will lie for specific goods only, ib.

defendant must be in possession, 657.

grounds of the action, ib.

bailment not traversable, ib.
judgment in, 658.

DEVASTAVIT:

what is such, 790.

DEVIATION:

nature and effect of, on contracts of insurance, 1004.

must be voluntary act of persons having management of ship, 1006.

unreasonable delay equivalent to, 1007.

intention to deviate not a deviation, 1008.

to succour vessel in distress, whether justifiable, 1009.

what will justify a deviation, 1005.

grounds of necessity, 1007.

DEVISE: See WILL.

DEVISEES :

liability of, upon bond made by testator, 590.

DEVISEE OF TERM:

what he must prove, 743.

DIRECTORS:

of joint stock company, drawing and acceptance of bills by, 331.

DISCLAIMER:

dispenses with notice to quit, 710.

DISCONTINUANCE:

in pleading, 4 n.

DISHONOUR:

of bill, notice of, 352.

DISSEISOR:

account does not lie against, 1.

DISTRESS:

distress formerly considered as a pledge only, 659.

for what a distress may be taken at common law, by prescription, by
statute, 660.

of the general rule, that all moveable chattels may be distrained for rent
arrear, 662.

what things are privileged absolutely, 663.

what conditionally, 665.

what may be distrained damage feasant, 666.

who may distrain,

recoverors of manors, &c., 667.

personal representatives of tenants of freehold rents, ib.
husbands seised in right of their wives, 667.

tenants pur auter vie, ib.

DISTRESS-continued.

person entitled to separate herbage, 669.
tenant in common, ib.

executor, ib.

mortgagee, ib.

commoner, ib.

lessee for years having assigned, cannot distrain, 670.
of the time at which a distress may be taken,

at common law, 670.

by stat. 8 Ann. c. 14, 671.

distress for rent must be taken in the day-time, ib.

of the place where a distress may be taken,

distress for rent service must be taken on the land, 672.

of distraining in houses, 672 n.

if separate demises, distress must be on the several premises, 673.
of fresh suit, ib.

how to proceed when goods are clandestinely removed, 673, 4.

of driving the distress out of the hundred, 674.

remedy for the same, ib.

where growing crops may be laid up, 675.

of the sale of distresses for rent arrear under stat. 2 Will. & Ma. c. 5,
ib.

of abusing the distress, and thereby becoming a trespasser ab initio,
680.

trespass will not lie for excessive distress merely, 681.

nor for irregular distress, where irregularity is not an act of trespass,

1320.

action on the case for excessive distress, 681.

DISTURBANCE:

of common, 422.

of seat in pew, 1113.

DITCHES:

rule concerning, 1314.

DIVIDENDS:

no action to be brought for bankrupts', 244, 5.
apportionable, 603.

DIVORCE:

by Jewish law, proof of, 19.

DOCK WARRANT :

where transfer of property, 1279.

DOGGET:

of judgment, when necessary, 785, n.

DOMESDAY:

book, evidence as to ancient demesne, 757.

DOMICILE:

personal property distributed according to law of, 751.

DONATIO MORTIS CAUSA :

nature of, 1347.

DOOR:

breaking open, rule as to, 1332.

DORMANT PARTNER:

liability of, 1137.

DOUBLE RENT:

stat. 11 Geo. II. c. 19, s. 18, tenants holding over after notice given by
themselves liable to, 599.

DOUBLE YEARLY VALUE:

tenants wilfully holding over after determination of term, 596.

DRAFTS:

on bankers, where exempt from stamp duty, 314.

DRAWEE:

of bill, 301.

presentment to, 327.

competency of, 375.

DRAWER:

of bill, 301.

where he may sue acceptor, 330.
competency of, 375.

DRUGS:

sale of, to brewer, illegal, 59, 60.
DRUNKENNESS:

where ground of avoiding deed, 536.

DURANTE ABSENTIA:

administration, 779.

DURATION OF LIFE:

presumption of, 753.

DURESS:

plea of, to debt on bond, 542.

must be of the person, ib.

replication to plea, ib.

of goods, does not avoid agreement, 84.

DUTY: See AUCTION.

DYERS:

lien of, 1374.

for general balance by usage only, 1374, (z).

E.

EARNEST:

what amounts to, 858.

EASEMENT:

enjoyment of, under 2 & 3 Will. IV. c. 71, 1111, 2.
unity of possession suspends prescriptive, 1112.
evidence of right to, 435.

injury to, how proved, 1120.

EAST INDIES:

how to prove deed executed there, 540.

ECCLESIASTICAL COURTS:

probate granted by, conclusive, while unrepealed, 776.
EFFECTS:

when want of, will excuse notice of dishonour, 333.

specific, of testator, not seizable by assignees of bankrupt executor, 775 n.,
776 n.

EJECTMENT:

nature of the action, 684.

party who has the legal estate must prevail, 685.

plaintiff must recover on the strength of his own title, 687.

for breach of covenant to repair, 709.

by whom ejectment may be brought, 689.

what description will be sufficient of the thing for which ejectment is
brought, 694.

instances of insufficient description, 695.

of entries before ejectment brought, 696.

of the declaration, 714.

of the notice subscribed to the declaration, 717.

of the pleadings, 728.

evidence, 743.
verdict, 759.
judgment, 760.

execution, 761.

costs, 762.

See ERROR-NOTICE TO QUIT-MESNE PROFITS.

entry into part is a suspension of rent, but not of a covenant to repair,
512, 3.

what is a waiver of a right of entry for a forfeiture, 707.

by auctioneer binds parties as to sale of land as well as goods, 853.

EQUITY OF REDEMPTION:

release of, good consideration, 42 n.

ERROR:

writ of error, in account, can be brought after second judgment only, 6.

no writ of error allowed after verdict in ejectment, unless plaintiff in error
finds bail, 763.

of the costs of error in replevin, 1208.

VOL. II.

3 c