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QUSTER. See ADVERSE POSSESSION.

sometimes used for disseisin, 389.
does not mean actual violence, 389.
meaning explained, 389.
by one cotenant to another, 424.

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PARTNERSHIP. See Co-CONTRACTORS.
PART PAYMENT,

as an acknowledgment or new promise, 240-247.
payment of a smaller on account of a greater sum, evidence of a new prom-

ise, 240.
also giving security for part, 240.
or a negotiable note, 240.
also payment of interest, 240.
promise to pay when not inferred, 240.
credit given for interest, same as money paid, 240.
indorsements of payment must be bona fide, 241.
or with the privity of the debtor, 241.
what sufficient evidence of a bona fide indorsement, 212.
statement in the declaration of part payment by defendant, of no avail,

243.-
oral admission of part payment, 244,
must appear that the payment was on account of the demand in suit,

244.
as to whom it may be made, 246.
delivery of goods in part payment, 247.
as to part payment under the Act of 9 Geo. IV. (c. 14), 275–289.

under similar acts in this country, 281–284.
PAWN. See Trust.
PLEADING,

of pleading the statute in actions ex contractu, 285–297.
settled that statute must be pleaded, and why, 285.
the plea of non accrevit, &c., why preferable to the plea of non assumpsit,

287.
in the case of a new promise or acknowledgment, the declaration is on

the original promise, 288.
so if made to or by an executor, 289.
replication to plea of non assumpsit, &c., 290.
to non accrevit, &c., 291.
fraud must be specially replied to, 292.
so the exception of accounts between merchants, 292.
so the exception of persons under disabilities, 292.
plea of nil debet answers to non assumpsit, 293.
non accrevit, &c., proper in action of debt, 293.

(And see Debt.)
pleading the statute in equity, 394–397.
whether the bill may be demurred to, or whether statute must be pleaded,

391, 395.

&c.,

PLEADING, – continued.

in cases where fraud is charged in the bill, 396.
pleadir the statute in actions upon torts, 309, 310.

(And see Torts.)
POSSESSION. See PRESCRIPTION Land.
as in general evidence of title, 3–10.

(And see ADVERSE Possession.)
PRESCRIPTION,

defined as synonymous with limitation of actions, 1.
of two kinds, 2.
as applied to rights and titles, 1-6.

to remedies, 7.
history of, 8, 9.
founded on public policy, 9.

on private justice, 10.
as applied to corporeal and incorporeal hereditaments, 4.
its analogy to statutes of possession, 4, 5.
importance of, as to land titles, 9.
under the Jewish law, 8.

Grecian, 8.
Roman, 8.
Modern continental, 8.
Scotland, 8.

Hindoo, 8, note.
of title to land, 3-6.
principle and importance of, 3-6, 11.

presumption of payment, 11, 78, 159, 171, 172.
PROCESS,

judicial, considered, 311-332.
what is the commencement of, in England, 311.
in this country, the suing out of the writ, 312.
and not the service, if the bona fide intention be to have the writ served,

312.
where the writ is forwarded by mail to the officer, 312.
where the writ is directed to the sheriff of a county in which defendant

does not reside, 314.
date of writ not conclusive as to the time when taken out, 315.
filing of a claim in set-off equivalent to the commencement of an action,

316.
where writ issues against two and served only upon one, 317.
continuances, rule as to, in England, 318.
and in this country, 318-321.
when judyment is reversed, how and when a new action may be coin-

menced, 323.
cases included by construction within the provision of the statute respect-

ing reversal of judgment, 324.
new action may be commenced in case of abatement of suit, by the death

of one of the parties, 325.
no exception to the running of the statute in case of a voluntary aban-
donment of an action, 327.

а

PROCESS, – continued.

as in case of abatement of suit by marriage of feme sole, 327.
in case of nonsuit, no new action can be commenced after six years

expired, 328.
the effect of a written chancery as to preserving the right to an action at

law, 329.
what is the commencement of a suit in equity, 330.
effect of bill filed by one creditor in behalf of himself and others,

331.
a proceeding at law does not, in case of nonsuit, preserve the right to one

in equity, after six years, 332.
PROMISSORY NOTES AND BILLS OF EXCHANGE,

though a note be secured by a mortgage, it remains still a simple contract,

73, 92.
of the currency of the statute upon, 95–109.
statute runs from the time of the falling due of a note, against the pay-

ment by an accommodation indorser, 100.
where goods are sold on a term of credit, and payment to be then made

by a bill, 101.
statute runs on a note, though the maker assign his property to creditors,

102.
where a note is not to be delivered to payee, before the performance of a

condition, 103.
effect of an agreement between maker and payee, 104.
bill or note for money before lent, 105.
notes sold before due, under misrepresentation of payee, 106.
law as to the limitation of notes witnessed in Massachusetts, 107.

in Maine, 108.

(And see Usury.)
suits against notaries, for neglect in charging indorsers, 138.
against attorneys for neglect in collecting, 139.
statute runs from date when on demand, 95.
though payable with interest, 95.
or if not, to draw interest during the life of the promisor, 95.
no term of grace allowed on notes on demand, 95.
a receipt for money like a note on demand, 95.
notes payable after demand, demand is necessary, and the time runs only

from a demand, 96.
but demand must be made within a reasonable time, and what is, 96.
on notes and bills, " after sight,” or “after notice,” statute runs from

presentment and notice, 97.
but presentment and notice must be in a reasonable time, and what

is, 97.
difference between a bill or note “after date” and “after sight,97.
statute runs from time of refusal of acceptance and notice, 97.
payable at a particular place, presentment must be made at that place,

98.
statute runs from the last day of grace, 99.

the time of payment by an accommodation acceptor,

100.

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REAL ACTIONS. See DowER, ENTRY, FORMEDON, WriT OF Right.

still retained in this country, though abolished in England, 333-339.
in disuse in England before abolisbed, 334.
abolition of, by Statute of 3 and 4 Will. IV. c. 27, 336.
writs of dower and quare impedit only retained, 336.
reasons assigned for abolition of real actions in England, 337.
in what States abolished in this country, 339.
not much resorted to where in force, 339.
in force in the States which were colonies, unless expressly abolished,

339.
but mode of proceeding in, simplified, 340.
are designated and limited in reference to the interest claimed, 341.
distinction between droitural and ancestral droitural, 341.
and between possessory and ancestral possessory, 341.
how limited before the Statute 32 Hen. VIII., and how by that statute,

342.
how by Statute of James I., 342.
law of limitation of, as established in England before the Statute of 3 and

4 Will. IV., 342.
REAL PROPERTY. See LAND.

considered in connection with real actions, 333-337.
REPLEVIN. See Torts.

9

SEISIN,

the meaning of, 386.

Coke's quaint explanation of, ib. note.
SET-OFF. See MUTUAL Accounts.

a demand barred cannot be set off, 74, 75.
unless in cases of mutual accounts, 75, 144.
filing of a claim in set-off equivalent to the commencement of an action to

save the statute, 316.
SLANDER. See Torts.
SPECIALTIES,

are not within the statute, 79–94.
as if the liability is created by the requisition of a statute, 80.
distinction between liability imposed by statute, and having relation to

it, 81.
statute not pleadable to judgments of courts, 82.
as to a judgment in a justice's court, 85.
and to courts not of record, 85.
statute applies to foreign judgments, 83.
cannot be pleaded to an award under seal, 86.
or if the submission be under seal, 86.
nor in debt on an indenture reserving rent, 87.
nor to bonds, 88.
but payment of, presumed, 93.
one co-obligor paying may sue the other in assumpsit, and may be barred

accordingly, 89.
statute does not apply to legacies, 90.

.

SPECIALTIES, – continued.

promissory note, though secured by mortgage, not a specialty, 73, 92.
warrant of attorney to confess judgment not a specialty, 91.

specialties limited by statute 3 and 4 Will. IV., to twenty years, 94.
STATE. See Courts — NULLUM TEMPUS, &c.
STATUTE. See LIMITATION OF Actions.

of limitations, is construed strictly, 23, 29, 485.
construction of English acts of limitation, how applicable in this country,

14, 21, 27.
Federal courts bound by the construction of the statute by State courts,

24, 28.
construction of statute of limitations as to the action of assumpsit, 70.
liability created by a statute, not within the statute of limitations, 82.

(See SPECIALTIES.)
origin, &c., of late statute of 3 and 4 Will. IV., 15.
SURETY,

when cause of action arises in behalf of a surety, 89, 131 et seq.

TENANTS IN COMMON,

nature of their title and possession, 420.
one may be disseised by another, 421.

(And see COTENANCY.)
TIME. See MONTH NULLUM TEMPUS, &c.

its effect upon land titles and personal demands, 1-11.
how computed in construing the statute, 42–53.
same in law and equity, 42.
whether the day on which the right of entry or cause of action accrues is

to be included or excluded, 43, 50.
the earlier cases on the subject, 43–45.
later and different decisions, 46, 50.
when months are mentioned in a statute, whether is meant lunar or cal-

endar, 51.
when a thing is ordered by a particular day, that day excluded, 52.
meaning of instanter, 53.
time does not run when there is no person to sue, 51-61.
or a person to be sued, 62, 63,

or when a person is restrained from suing by a law, 63.
TORTS,

assumpsit lies for torts quasi ex contractu, and how and when barred, 71,

72, 136-142, 299.
limitation of actions upon, 298–310.
for private nuisance, 300.

slander, 301-303.
trover, 304.
replevin, 305.
detinue, 306.
trespass, 307.
criminal conversation, 308.
pleading the statute in actions upon, 309, 310.

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