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NAMES OF CASES.

397

355, 356

Page.

Page. Smith v. Chester 261 Twyne's case

278 Smith & al. v. Nissen & al.

266
Tyte v. Jones

276 Smith v. Sear

267 Smith v. Clark

275

V Smith v. Woodward 362

261 Smith v. Sharp

364

Vaughan v. Fuller
Vivian v. Campion

367
Sparhawk v. Bartlet 219, 220, 221, 222
Spencer's case
Sproat v. Matthews

263

W
Stephens v. Squire

333
Walker v. Constable

332 Syderbottom v. Smith

261

Watson & al. v. Loring & al. 262
Watson v. Turner & al.

335
T
Wegersloffe v. Keene

267 Taylor v. Mather

253

Wells, inhabitants of, v. Osborn Taylor v. Dobbins 254 & al.

342 Thomas v. Bishop 267 Whitwell v. Bennett

274 Thoresby v. Sparrow 362 Wilkinson v. Lutwidge

264, 268 Tindall v. Brown 272 Williams v. Leper

333 Tisdale v. Essex 357, 358 Williams v. Blunt

344 Towers v. Osborn 337 Wilson v. Clements

265 Tucker y. Randall 276 Wright v. Wright

239

CONTENTS

OF VOLUME I. PART II.

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1. Of the requisite qualifications of

candidates for admission as attor

neys, in the common pleas 203 2. of the requisite qualifications of

candidates for admission as attor.
neys or counsellors, in the su-
preme judicial court

204 3. Of the tax to be paid by attorneys previous to admission

206 4. Of the declaration and oath to be

taken and subscribed by attorneys
at the time of admission

207 5. Of calling barristers to the bar 207 6. Of the right of parties to manage

their causes personally, or by such

counsel as they shall elect 208 7. What description of persons cannot officiate as attorneys

209 8. Of the duty of attorneys to ap

pear of record; and the conse

quence of omitting so to appear 210 9. Of offences and misbehaviour in

their office, for which attorneys are punishable

210 10 of the liability of attorneys to

an action, for negligence or cor-
ruption in their office

211

Page. 2. The penalty incurred by an auc

tioneer for receiving goods for
sale, of minors or servants ; or for
selling his own goods before sun
rise or after sun set

214 3. Duty of auctioneers to keep an

account of the persons of whom
they receive, and to whom they
sell goods

214 4. Of the manner in which the pen

alties incurred by a breach of the
act of June 16, 1795, may be re-
covered

214 TITLE XXI. AUDITA QUERELA

215 1. The court from which this writ

must be suied, and to which it
must be returned

216 2. Of declaring for damages

217 3. The respondent's plea

217 4. Of the liberation of the com

plainant in case he be in jail on
the execution against which he
seeks relief

217 TITLE XXII. BAIL

219 1. Of taking bail in civil actions 219 2. Of the bail bond

221 3. Of the liability of the officer for taking insufficient bail

222 4. Proceedings of the plaintiff

against the bail on avoidance of
the principal

222 5. What shall discharge the bail 223 6. Proceedings of the bail against the principal

225 7. How the principal is to be dispos. ed of, after being surrendered

226 8. Of bail, in criminal cases

TITLE XXIII. BAILMENT

228 1. A naked bailment

229

TITLE XX.

226

AUCTIONEERS

213 1. Of the licensing of auctioneers ;

and the penalty for their selling at auction without such license 213

Page.
2. A delivery of goods for accom-
modation, or a lending gratis

230
3. A delivery of goods to be used
for hire

231
4. A delivery by way of pledge 231
5. A delivery of goods to be car.

ried, or to which something is to
be done, for hire

232
6. A delivery of goods for some

purpose (as to merchandize)
without reward

233
7. Of the property which the bailee
has in the thing bailed

234

Page.
several paities are chargeable af.
ter indorsement

260
9. Of bills of exchange and notes,

negotiable without indorsement 262
10. What shall amount to an ac-

ceptance of a bill of exchange 263
11. Of the manner of acceptance 267
12. Of the effect of an acceptance ;

and how it may be discharged 268
13. Of the protest of bills of ex.
change

269
14. Of cases in which the holder

of the bill or note shall be charg-
ed with the loss by reason of his
neglect; or be exempted from it
for having used a due degree of
diligence

270
15. Of notes considered as joint or
several

273
16. Uf the declaration....evidence....
interest

274

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1. Who are bastards

237
2. of the protection of bastard chil.
dren

238
3. Of the maintenance of bastard

children, and herein of the pro-

secution of the putative father 239
4. Of the rights and incapacities of
bastards

243

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TITLE XXXI.
BURGLARY AND OTHER HOUSE.
BREAKINGS

285

1. What is burglary, at common law 285
2. Of the punishment of burglary
by statute

288
3. Punishment for breaking and

entering in the day time ; or en-
tering in the night time without
breaking, any house, shop, ves-
sel, &c. with a felonious intent 289

TITLE XXVII.

BILLS OF EXCHANGE, AND

PROMISSORY NOTES 247

1. Of the origin of bills of exchange
and promissory notes

248
2. Of the capacity of the contract-

ing parties to a bill of exchange
or promissory note

249
3. Of the consideration

250
4. What bills of exchange or pro-

missory notes are of a negotiable
nature

253
5. Who may make an indorsement 255
6. Of the several kinds of indorse-
ment

257
7. The nature and effect of the in.
dorsement

257
8. In what manner and order the

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Page.

tation, district, precinct or parish 308

15. Of a treasurer's execution or

warrant of distress against a col-
lector; the sale of property under
it; at what time such execution
is to be returned ; duty of the
sheriff holding the same to pay
over the moneys thereby collect.
ed: The sheriff's liability for
neglect in this particular

308
16. Proceedings in case a collector

absconds, baving in his hands as-
sessments unsettled

311
17. Proceedings where constables

or collectors have had rates com-
mitted to them, and have remov-
ed, or are about to remove from
the commonwealth

312
18. The fees of collectors

313
19. What property is exempted
from distress

314
20. What shall be deemed sufficient

evidence that a collector has
posted notifications for the sale of
lands

314

21. Power of a preceding collector

to perfect his collections after a

succeeding collector is chosen 314

304

9. Of their power and duty, in case

a tax-debior absconds

304

10. Of their power and duty in re-

ference to tax-debtors who have

deceased, removed, or intermar-

ried

304

11. Their power to command aid

when impeded in the execution

of their office ; and herein of the

liability of such as refuse their aid 306

12. Their duty to exhibit accounts

of moneys collected ; and herein

of the penalty which they incur

for the neglect of such duty 306

13. Their liability for neglecting to

make a seasonable collection and

payment of moneys to the trea-

surer and receiver general 307

14. Their liability for neglecting to

make a seasonable collection and

payment of moneys to the trea-

surer of any county, town, plan-

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Page.

TITLE XXXVI.

Page.
to double costs

343
4. In what cases a party is not enti-
tled to any costs

344
5. Of cost in criminal cases

345

CONTINUANCE

324

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1. In what case the defendants are

entitled to a continuance, where
the sheriff sues the inhabitants of
his county for an escape which
happens through the insufficiency
of the jail

324
2. Of a defendant's right to a con-

tinuance, who is sued, as surety,
on a probate bond

324
3. Provisions for continuances,

where the defendant is out of
the commonwealth, at the time
of the service of the writ

325
4. A defendant's right to a conti-

nuance, when sued as executor
or administrator

326
5. Of continuing indictments, by

reason of the pendency of a civil
action for the same cause, or by
reason of the absence of a wit-
ness

328

signees

1. Of covenants considered as ex-
press or implied

350
2. Of mutual and independent cove-
nants

351
3. Of contingent and dependent co-
venants

351
4. Of concurrent covenants

352
5. Of covenants secured by penalty,

or bond, for performance 353
6. Of void and illegal covenants 354
7. Of joint and several covenants 354
8. Of covenant in reference to as-

355
9. Of covenant in reference to heirs
and executors

357
10. Of covenants for quiet enjoy-

ment; and to save harmless 357
11. Of covenant for repairs

358
12. Of covenants of seizin ; and a
right to convey

359
13. Of covenants of warranty

360
14. Of the exposition of covenants 361
15. Uf the pleadings on the part of

the plaintiff, in actions of cove-

nant
16. Of the pleadings on the part of
the defendant

365
17. Of the damages

367
18. Of the judgment

367

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362

1. Of promises by executors and ad-
ministrators

330
2. Of contracts for the sale of lands,
&c.

332
3. Of promises to answer for the
debt, &c. of a third person

333
4. Of agreements in consideration of
marriage

335
5. Of contracts not to be performed

within one year from the time of
the making thereof

335
6. Of contracts for the sale of goods
&c. for the price of ten pounds, or

336

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more

TITLE XLII.

TITLE XXXVIII.

CUSTOMS AND PRESCRIPTIONS 371

CORONERS

339

TITLE XXXIX.
Costs

341
1. In what cases a party is entitled
to full costs

341
2. In what cases a party is not en-
titled to full costs

343
3. In what cases a party is entitled

1. Distinction between custom and
prescription

371
2. The legal requisites of a custom 372
3. The several species of things

which may, or may not be pre-
scribed for

375
4. Of the manner of prescribing 375
5. The limitation of prescription

376

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