DARREIN presentment, 483.

DATE, bill payable at fixed time after, 28.

of making or accepting bill payable on demand, time runs from, 30.
of damage when time runs from, 46.

acknowledgment how proved, 99.

indorsement on bond, how proved, 157.

DAYS of grace, 31.

when last day Sunday, 31.

bank holiday, 31.

DEATH of person entitled to cause of action, 49.

plaintiff or defendant after action, 51, 148, 574.
co-defendant beyond seas, 61, 151.

persons under disability, 62, 151.

defendant in action for injunction, 137.

parties entitled or liable to execution, 179.

trustee, claim of cestui que trust after, 255.

testator out of possession, 321.

abroad of person liable to be sued, 64.

action by and against personal representatives for wrongs com-

mitted before, 135.

time does not run on post obit bond till, 146.

trusts declared to take effect after, 256.

wrongful possession commencing on, 305.

right of administrator accrues on (3 & 4 Wm. IV. c. 27, s. 6), 339.
determines tenancy at will, 342.

DEBT, actions of, 3.

for rent, 6.

grounded on statute, 6.

for money levied by sheriff under fi. fa., 9.

founded on record, 9.

pleading the statute in, 514, 543.

mandamus to levy rates to pay, 14.

statute-barred, creditor's lien for, 15.

not discharged by statute of James, 15, 23.

due to intestate set off against share of next-of-kin, 23.

not barred vested in the Crown, 24, 517.

due to Crown transferred to subject, 517.

promise to pay on demand, 26.

agreement to pay by instalments, 27.

payment of, by one co-surety, 32.

heir or devisee, 35.

by simple contract, acknowledgment of, 65.

amount of, need not be expressed in acknowledgment, 98.

award where submission is not by specialty, 141.

specialty, acknowledgment of, 154.

action of on judgment, 180.

covenant to secure annuity, 198.

for arrears of fee farm rent, 201.

acknowledgment of under 3 & 4 Wm. IV. c. 27, s. 40..219.

secured by trust or charge on land, 257.

mortgage. See MORTGAGE.

charged on land not now kept alive by trust longer than charge,
429.

due from guardians, 586.

DEBTOR deceased, right of simple contract creditor against realty
of, 13.

administration of creditor's goods granted to, 25.

covenant by creditors not to sue, 41.

letter of licence by creditors to, 41.

declaration of at time of payment, 108.

acceptance by, of bill drawn by creditor, 119.

evidence of admission by, 120.

payment of dividend under composition deed by, 126.

part payment by, 107, 226.

clothed with fiduciary character, 251.

DEBTS by simple contract recited in deed, 9.

mutual set-off of, 24.

liability of real estate as to, 13, 22.

liability of husband for wife's ante-nuptial, 35, 122.
partnership, part payment of, 127.

trust for payment of, 255.

of another person, testator providing for payment of, 286.
existing at date of receiving order or winding-up order, 573.
due to bankrupt or company not affected by bankruptcy or
winding-up proceedings, 573.

DECEASED debtor, right of simple contract creditor against real

estate of, 13, 22.

DECEASED-continued.

persons, action for injury to real estate of, 135.

chattels real of, 136.

wrongs committed by, 135.

obstruction of light to property of, 137.

persons claiming estate or interest of, 307.

petition of right in respect of personal estate of, 174, 518.

DECEIT, action of, 46.

DECISION of Tithe and Inclosure Commissioners, 540.
Local Government Board, 541.

DECLARATION of debtor at time of part payment, 108.
deceased persons against interest, 121.
persons paying rent, 382.

DECREE in Equity, 169.

for arrears of tithe rent-charge unsatisfied, 303.

claims brought in under, 564.

incumbrancer coming in under, 566.

laches in prosecuting a, 574.

DEDICATION of road, effect of, 291.

DEED of settlement establishing banking company, liability under, 8.
recital of simple contract debts in, 9.

mortgage without covenant to pay, 163.

evidence of lost, 443.

DEFAULT in payment of instalments, whole debt recoverable on, 27.
DEFEASANCE of estate in possession, 332.

tail, 403.

DEFENCE of statute must be pleaded, when, 542.

form of, 545.

reply of fraudulent concealment to, 38.

promise not to plead statute to, 94, 554.

set-off, reply of statute to, 24, 546.

equitable in High Court, 235, 269.

DEFENDANT, absence of beyond seas, 55.

return of from beyond seas, 58.

effect of making an incumbrancer a, 567.

DEFINITION clause of 3 & 4 Wm. IV. c. 27, s. 1..277.

DELAY, equitable principles as to, 236, 241, 264.

only bar to equitable relief, not to legal rights, 263.
in circumstances of continuing embarrassment &c., 265.
for time short of statutory period, 266.

how affecting period over which account is taken, 433.
in applying for criminal information, 533.

DELIVERY of goods sold on credit, time does not run from, 27.
goods to creditor amounting to part payment, 117.
bill drawn by debtor to creditor, 119.

DEMAND, when not necessary, '26.

necessary, 146.

promise to pay on, 27, 30.

implied promise to account on, 28.
bill or note payable on, 30.

and refusal when time runs from, 43.
of chattels from bailee, 44.

possession by lessor at will, 342.
rent, absence of proof of, 360.

notice of by local board, 531.

DEMISE, action of debt for rent upon indenture of, 141, 168, 197, 204.
acknowledgment in, 154.

by lessor at will, 343.

DEMONSTRATIVE legacy payable out of reversionary fund, 186.
DEMURRER, question of statute might be raised in equity on, 557.
DEMURRERS, abolition of, 558.

procedure substituted for, 558.

DENIAL of plaintiff's right, plea of statute is not a, 547.
DEPOSIT of title-deeds, advance of money on security of, 9, 163.

DESCENT cast, 273, 412.

DETERMINATION of preceding particular estate, 315.

DETINUE, 3.

lease, lessor's right to recover in ejectment on,

when time begins to run in, 43.

DEVASTAVIT, action against executor founded on, 10, 603.

paying statute-barred debt not a, 20, 603.

is within 21 Jac. I. c. 16, 250.

when executor cannot set up, 250.

DEVISE is a, within 2nd branch of 3 & 4 Wm. IV. c. 27, s. 3..307.

particular estate created by, 307.

of existing rent-charge, 309.

by testator who has been dispossessed, 321.

to person beneficially subject to annuity, 434.

of lands subject to payment on trust, 434.

mortgaged estates by mortgagee who afterwards purchases
equity of redemption, 436.

DEVISEE pleading the statute, 22.
payment of debt by, 35.

part payment or acknowledgment by, 129.

for life, payment of interest on bond by, 158.

of moiety of real estate charged with debts, payment of interest
by, 231.

in trust purchasing at undervalue, 262.

DEVISEES, contribution between, 22, 35.

effect of payment by administrator on, 159.
of testator who has been dispossessed, 321.
in remainder of mortgagor when barred, 322.

DEVISOR, discontinuance of receipt of rent by, 309.

DILIGENCE, reasonable in case of fraud, 451.

DIRECT equitable remedy of cestuis que trustent, 251, 417, 425.
trusts, 356.

DIRECTORS are trustees, 12.

DISABILITIES, successive, 61, 139, 151, 191, 393.

reply of to plea of statute, 546.

in Ireland, 139.

no provision for in 3 & 4 Wm. IV. c. 42, s. 2..136.

27, s. 42..196, 217.

provisions of 3 & 4 Wm. IV. c. 27, and 37 & 38 Vict. c. 57 as to,
390.

as to estates tail, 409.

summary of provisions as to, affecting mortgagor and mortgagee,
477.

no provisions for with respect to rights of presentations, 491.
in penal actions, 513.

DISABILITY under 21 Jac. I. c. 16, s. 7..54.

of plaintiff's absence beyond seas abolished, 55.
imprisonment, 55.

coverture, 56.

plaintiff, action may be brought during, 56.