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CHAPTER VII.
BANKRUPT.
I. Of the Alterations made in the Bankrupt Laws by Stat. 6 Geo.
IV. c. 16; 1 & 2 Will. IV. c. 56, establishing a Court of
Bankruptcy; and other Statutes
PAGE
183
II. Of Persons liable to be Bankrupts
187
III. Of Persons not liable to be Bankrupts
189
IV. Of the several Acts of Bankruptcy, 189; and of the Bank-
VI. Of Property in the Possession of the Bankrupt as reputed
VII. Of Warrants of Attorney, Conveyances, and Payments made
by and to Bankrupts
231
VIII. Of Actions which may be brought by the Assignees of a Bank-
rupt, and in what Manner they ought to sue
238
I. Of the Liability of the Husband
1. In respect of Contracts made by the Wife before
Coverture
2. In respect of Contracts made by the Wife during
270
3. In respect of the Children of the Wife by a former
Husband
II. In what Cases a Feme Covert may be considered as a Feme
3. Where the Husband and Wife may join, or the
Husband may sue alone, at his Election
292
IV. Of Actions against Husband and Wife
296
CHAPTER IX.
BILLS OF EXCHANGE AND PROMISSORY NOTES.
I. Of the Nature of a Bill of Exchange
II. Of the Capacity of the Contracting Parties to a Bill of
301
303
Exchange
III. Of the Requisites in a Bill of Exchange, 309; and herein of
the Stamp, 311. Date, 316. Alteration of Bill, 317. Of
the Person to whom the Bill is made payable, 319. Words
"or Order," 320. Consideration, 320. Gaming, 321.
Usury
IV. Presentment for Acceptance, 327. Acceptance, 327. Qua-
lified Acceptance, 328. Liability of the Acceptor, 330.
Non-Acceptance, and Notice thereof, 332. Protest, 338.
Liability of the Drawer on Non-Acceptance
322
341
V. Of the Transfer of Bills of Exchange, 342. Of the Party in
whom the Right of Transfer is vested
349
VI. Of Presentment for Payment, and herein of the Days of
Grace, 350. Non-payment and Notice thereof, 352.
Protest
359
362
VII. Of the Acts of the Holder, whereby the Parties to the Bill
may be discharged
VIII. Of the Action on a Bill of Exchange, 366.
the New Rules, 370. Evidence, 371.
terest
IX. Of the Nature of a Promissory Note, 379.
c. 9, s. 1, placing Promissory Notes
Pleading under
Recovery of In-
Inland Bills of Exchange, 379. What are Negotiable
Notes within the Statute, 380. Of Bankers' Notes, 385.
Joint and several Notes, 385. Consideration, 386. Stamp 387
X. Of the Time when a Note ought to be presented for Payment 388
XI. Of the Declaration, 390. Pleadings, 390. Evidence, 391.
Conclusion
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
393
395
400
III. Of the Lien of Carriers
IV. By whom Actions against Common Carriers ought to be
404
V. Of the Declaration, 409; and Pleadings under the New Rules 412
VI. Evidence
ib.
II. Of Common of Pasture, 415; and herein of Common Appen-
dant, 416; Common Appurtenant, 417; and Common.
III. Of the Interest of the Owner of the Soil subject to Right of
Common; and herein of Approvement and Inclosure
IV. Of the Remedy for Disturbance of Right of Common
V. Of Surcharges by Commoners
VI. Pleadings, 424, 428. Evidence
CHAPTER XII.
CONSEQUENTIAL DAMAGES.
Of Actions on the Case for Consequential Damages; and herein of
the general Rule for distinguishing Actions of Trespass
vi et armis from Actions of Trespass on the Case
CHAPTER XIII.
COVENANT.
414
419
42
423
425
430
V. By whom the Action of Covenant may be maintained.
1. Heir.
2. Executor
3. Assignee
VI. Against whom the Action of Covenant may be maintained
VII. Of the Declaration, 493; and herein of Dependent Covenants
and Conditions Precedent, 498; Concurrent Covenants,
503; and Independent Covenants
VIII. Of the Pleadings
504
510
I. Of the Action of Debt, and in what Cases it may be maintained 528-
II. Debt on Simple Contract, 529. New Rules
532
III. Debt on Bond, 534. Of the Pleadings.
535
1. General Issue, Non est Factum, and Evidence
thereon. New Rules
6. Payment, 561. Solvit ad Diem, 562. Solvit post Diem, 562; and Evidence thereon
558
560
563
7. Release
8. Set-off
566
IV. Debt on Bail-bond, 570. Stat. 23 Hen. VI. c. 10, 570.
Assignment of Bail-bond under Stat. 4 Ann. c. 16, 575.
Declaration by Assignee, 576. Of the Pleadings, 578.
Comperuit ad Diem, 578. Nul Tiel Record
V. Debt on Bond, with Condition to perform Covenants, 581.
Assigning Breaches under Stat. 8 & 9 Will. III. c. 11,
579
581,2,3
VI. Debt on Bond of Ancestor against Heir, 585. Pleadings,
587. Riens per Descent, 587. Replication, 587. Of the
Liability of the Heir for the Value of the Land aliened
under 11 Geo. IV. & 1 Will. IV. c. 47, s. 6, 589. Of
the Liability of Devisee under the same Statute, 590.
Judgment, 592. Execution
592
VII. Debt on Judgment, and New Rule as to the Plea of Judg-
ment recovered in another Court
593
VIII. Debt for Rent Arrear, 595. Stat. 4 Geo. II. c. 28, against
Tenants holding over after Notice from Landlord, 596.
Stat. 11 Geo. II. c. 19, against Tenants holding over after
Notice given by themselves, 599. Declaration, 600. Debt
for Use and Occupation, 601. Pleadings, 601. Eviction,
602. Nil habuit in tenementis, 604. Statute of Limitations 604
IX. Debt against Sheriff, &c. for Escape of Prisoner in Execu-
tion, 605. Stat. 13 Edw. I. c. 11; 1 Ric. II. c. 12, 605, 6.
What shall be deemed an Escape, 607. Of Recaption,
611. By whom the Action for an Escape may be brought,
613. Against whom, 613. Declaration, 615. Pleadings,
616. Evidence
X. Of the Statutes, and General Rules, relative to Actions
founded on Penal Statutes
617