COLUMN I. 4. free from all incumbrances. 5. And the said (covenantor) covenants with the said (covenantee) that he will execute such further assurances of the said lands as may be requisite. COLUMN II. 4. And that free and clear, and freely and absolutely acquitted, exonerated, and for ever discharged, or otherwise by the said covenantor or his heirs well and sufficiently saved, kept harmless, and indemnified of, from, and against any and every former and other gift, grant, bargain, sale, jointure, dower, use, trust, entail, will, statute, recognizance, judgment, execution, extent, rent, annuity, forfeiture, reentry, and any and every other estate, title, charge, trouble, and incumbrance whatsoever, made, executed, occasioned, or suffered by the said covenantor or his heirs, or by any person claiming or to claim by, from, under, or in trust for him, them, or any of them. 5. And the said covenantor doth hereby, for himself, his heirs, executors, and administrators, covenant, promise, and agree with and to the said covenantee, his heirs and assigns, that he the said covenantor, his heirs, executors, or administrators, and all and every other person whosoever having or claiming, or who shall or may hereafter have or claim, any estate, right, title, or interest whatsoever, either at law or in equity, in, to, or out of the said lands and premises hereby conveyed or intended so to be, or any of them, or any part thereof, by, from, under, or in trust for him, them, or any of them, shall and will from time to time and at all times hereafter, upon every reasonable request, and at the costs and charges of the said covenantee, his heirs or assigns, make, do, execute, or cause to be made, done, or executed, all such further and other lawful acts, deeds, things, devices, conveyances, and assurances in the law whatsoever, for the better, more perfectly, and absolutely conveying and assuring the said lands and premises hereby conveyed or intended so to be, and every part thereof, with their appurtenances, unto the said covenantee, his heirs and assigns, in manner aforesaid, as by the said covenantee, his heirs and assigns, his or their counsel in the law, shall be reasonably devised, advised, or required, so as no such further assurances contain or imply any further or other covenant or warranty than against the acts and deeds of the person who shall be required to make or execute the same, and his heirs, executors, or administrators, only, and so as no person who shall be required to make or execute such assurances shall be compellable for the making or exe No. 16. Act 8 & 9 V. c. 119. COLUMN II. cuting thereof to go or travel from his usual place of abode. 6. And the said covenantor doth hereby, for himself, his heirs, executors, and administrators, covenant, promise, and agree with and to the said covenantee, his heirs and assigns, that the said covenantor and his heirs shall and will, unless prevented by fire or other inevitable accident, from time to time and at all times hereafter, at the request, costs, and charges of the said covenantee, his heirs or assigns, or his or their attorney, solicitor, agent, or counsel, at any trial or hearing in any action or suit at law, or in equity, or other judicature, or otherwise, as occasion shall require, produce all and every or any deed, instrument, or writing hereunder written, for the manifestation, defence, and support of the estate, title, and possession of the said covenantee, his heirs or assigns, in or to the said lands and premises hereby conveyed, or intended so to be, and, at the like request, costs, and charges, shall and will make and deliver, or cause to be made and delivered, true and attested or other copies or abstracts of the same deeds, instruments, and writings respectively, or any of them, and shall and will permit and suffer such copies and abstracts to be examined and compared with the said original deeds by the said covenantee, his heirs and assigns, or such person as he or they shall for that purpose direct and appoint. 7. And the said covenantor, for himself, his heirs, executors, and administrators, doth hereby covenant, promise, and agree with and to the said covenantee, his heirs and assigns, that he hath not at any time heretofore made, done, committed, executed, or wilfully or knowingly suffered, any act, deed, matter, or thing whatsoever whereby or by means whereof the said lands and premises hereby conveyed, or intended so to be, or any part or parcel thereof, are, is, or shall or may be in anywise impeached, charged, affected, or incumbered in title, estate, or otherwise howso ever. 8. And the said releasor had remised, released, and for ever quitted claim, and by these presents doth remise, release, and for ever quit claim, unto the said releasee, his heirs and assigns, all and all manner of right, title, interest, claim, and demand whatsoever, both at law and in equity, into and out of the No. 16. Act 8 & 9 V. c. 119. No. 17.-9 & 10 Vic. ch. 62. An Act to Abolish Deodands. WH (18th Aug. 1846.) THEREAS the law respecting the forfeiture of chattels which have moved to or caused the death of man, and respecting deodands, is unreasonable and inconvenient; Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That from and after the First day of September, One thousand eight hundred and forty-six, there shall be no forfeiture of any chattel for or in respect of the same having moved to or caused the death of man; and no coroner's jury sworn to inquire, upon the sight of any dead body, how the deceased came by his death, shall find any forfeiture of any chattel which may have moved to or caused the death of the deceased, or any deodand whatsoever; and it shall not be necessary in any indictment or inquisition for homicide to allege the value of the instrument which caused the death of the deceased, or to allege that the same was of no value. No. 17. Act 9&10 V. c. 62. Deodands and forfeiture of chattels moving to or causing death abolished from and after 1st Sept., 1846. W No. 18. Act 9 & 10 V. c. 93. No. 18.-9 & 10 Vic. ch. 93. An Act for Compensating the Families of Persons Killed by Accidents. (26th Aug. 1846.) HEREAS no action at law is now maintainable against a person who by his wrongful act, neglect, or default, may have caused the death of another person, and it is oftentimes right and expedient that the wrongdoer in such case should be answerable in damages for the injury so caused by him; Be it therefore An action to be enacted by the Queen's most Excellent Majesty, by and with the maintainable advice and consent of the Lords Spiritual and Temporal, and Com- against any mons, in this present Parliament assembled, and by the authority death through person causing No. 18. Act 9 & 10V. c. 93. neglect, &c., notwithstanding the death of the person injured. Action to be for the benefit of certain relations, and shall be brought by and in the name of executor or administrator of the deceased. Only one action shall lie, and to be commenced within twelve months. Plaintiff to deliver a full particular of the person for whom such damages shall be claimed. Construction of Act. Act to take effect after passing, and not to apply to Scotland. Act may be amended, &c. of the same, That whensoever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who would have been liable if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony. II. And be it enacted, That every such action shall be for the benefit of the wife, husband, parent, and child of the person whose death shall have been so caused, and shall be brought by and in the name of the executor or administrator of the person deceased; and in every such action the jury may give such damages as they may think proportioned to the injury resulting from such death to the parties respectively for whom and for whose benefit such action shall be brought; and the amount so recovered, after deducting the costs not recovered from the defendant, shall be divided amongst the before-mentioned parties in such shares as the jury by their verdict shall find and direct. III. Provided always, and be it enacted, That not more than one action shall lie for and in respect of the same subject matter of complaint; and that every such action shall be commenced within. twelve calendar months after the death of such deceased person. IV. And be it enacted, That in every such action the plaintiff on the record shall be required, together with the declaration, to deliver to the defendant or his attorney a full particular of the person or persons for whom and on whose behalf such action shall be brought, and of the nature of the claim in respect of which damages shall be sought to be recovered. V. And be it enacted, That the following words and expressions are intended to have the meanings hereby assigned to them respectively, so far as such meanings are not excluded by the context or by the nature of the subject matter: that is to say, words denoting the singular number are to be understood to apply also to a plurality of persons or things; and words denoting the masculine gender are to be understood to apply also to persons of the feminine gender; and the word " person shall apply to bodies politic and corporate; and the word "parent" shall include father and mother, and grandfather and grandmother, and stepfather and stepmother; and the word "child" shall include son and daughter, and grandson and granddaughter, and stepson and stepdaughter. VI. And be it enacted, That this Act shall come into operation from and immediately after the passing thereof, and that nothing therein contained shall apply to that part of the United Kingdom called Scotland. VII. And be it enacted, That this Act may be amended or repealed by any Act to be passed in this session of Parliament. INDEX. A. Alien, right to jury de medietate linguæ, 181. punished, 253. for lucre, how punished, 253. Abortion, attempt to procure, how punishable, 209, Amendment 252. Absence of certain public officers, how provided for, of defendant, how service of writ effected in Accessaries to murder before the fact, how punish- after the fact, 197, 237. punishable, when principal not attainted, several may be charged in the same informa- Accidental homicide, not punishable, 197. Action, proceedings on, in Supreme Court, Civil in Petty Debt Court, 188-195. Forms at various stages in action of, Joinder of clains not to apply to ac- Executors may bring or defend, 85. Trespass, action for, not exceeding £5, may Trover, 190. Civil Court, of Record allowed in certain cases, at discre- in Actions for Ejectment, at discretion of Inadvertent mistake in writ may be amended Irregularity in Writ may be amended on pay- Rejoinder of Defendant may be amended be- Plaintiff, plea in abatement for, may be Proceedings in, 128. Criminal Court. Dilatory Pleas may be amended, 240. Verdict after amendment of Record shall be of full force, 247. Appeal from Court of Chancery, Right of, to Privy Summary convictions, how and to whom Superior Courts to Privy Council, 82. Appearance, default of, by Defendant, judgment in must be indorsed on Writ, 125. to writ may be entered any time before judg- Adverse claims, relief against, for parties having Apprentices, laws referring to, 264. no interest, 95. Decision of Court final, 95. Advertising Rewards for stolen property, how -- Advowson, right of recovery of, limited, 587. Agreement to pay a sum in result of trial of issue, may be enforced by judgment and execution, 129. Arbitration once agreed to, submission not revocable Reference to, has same effect as verdict of Arbitrator may administer oath, or take affirma- tion, 92, 119. Arrearage of Rent may be distrained for by Exe- Arrest on Capias, how discharged, 100. of Electors prohibited for forty-eight hours Alien may hold land on lease, not to exceed 21 years, Arson, penalty for, 212. Naturalization of, enactments respecting, 60- |