NEW right to receive given by judgment of revivor, 178. decree for arrears of tithe rent-charge, 303. not given by leave to issue execution, 180. judgment debt created by judgment in action on judgment, 180. NEXT of kin not taking advantage of statute in administration actions, 21. setting off of debt due from, 23, 24. time running against, 172, 187. part payment by administrator to one of, 229. NIGHT poaching limitation of prosecution for, 528. NON Compos Mentis. See INSANITY. NON-PAYMENT of annuity, action for, 146. rent, relief from forfeiture for, 214. ejectment in Ireland for, 337. for more than 12 years by lessee, 329. tithes and tithe rent-charge, 284. annuity charged on land extinguished by, 306. when not extinguished by, 433. NOTICE-continued. of equities disseisor gaining title with, 425. bonâ fide purchaser for valuable consideration without, 449. apportionment under Local Government Act, 1858..532. NULLUM tempus occurrit regi, 516. Act (9 Geo. III. c. 16), 518. Acts amending, 521. Irish (48 Geo. III. c. 47), 520. liberties and franchises excepted from, 525. OBSOLETE Court, mandamus to hold, 541. OBSTRUCTION of light to property of deceased person action for, 137. OCCUPATION road, ploughing up part of, 294. minerals under, 294. permissive, admission by occupier of, 341, 343. cestui que trust, 355. OCCUPIER. See OCCUPATION. OFFENCES against Revenue laws, 514. Customs Acts, 527. OFFER to accept lease, effect of, 344, 384. refer to arbitration, 71, 89, 383. OFFICE, information against person claiming to hold corporate, 535. OFFICER public, acting under a statute, 593. OMISSION to perform a statutory duty, 598. ONE year limitation (penal action by informer), 512. (5 & 6 Vict. c. 97), 588. ONUS of proof. See BURDEN OF PROOF. OPERATION of statute in conferring title merely negative, 493. ORDER to carry on action by or against executors &c., 52,1137, 575. on change of parties, 179. of foreclosure absolute, effect of, 269, 458. ORDINARY, right of presentation lapsing to, 489. ORIGINAL parties to judgment, effect of revivor on, 177. execution as between, 179. writ, loss of, 561. renewal and amendment of, 560, 561. ORIGINATING summons issuing of, is commencement of action, 559. OUSTER of one partner in title, 376. OUTLAWRY of patron, right of Crown to present to benefice on, 489. OUTSTANDING legal fee acquired by disseisin, 424. OWNER of land who is liable to indemnify, payment by, 226. of estate in possession dealing by after time has begun to run, 326. remainder of particular estate being also immediate reversioner, 334. unascertained, receipt of rent by agent for, 364. equitable of land, remedies of, 420. of part of mortgaged property payment &c. by, 229, 461. -326. OWNERS, recovery of expenses of making street from adjoining, 531. OWNERSHIP, acts of, 293, 352. admission of, 383. PAPIST, when patron is, right of universities to present, 490. PARISH church, cleaning the, when a "service" within 3 & 4 Wm. IV. c. 27, s. 1..282. poor, class of persons within 3 & 4 Wm. IV. c. 27, s. 1.. PARLIAMENTARY election petitions, limitations for, 537. PAROL evidence of acknowledgment, 99, 222, 381. PART of mortgaged property payment &c., by persons in possession land, exclusive possession of, 311, 378. charged, acknowledgment by owner of, 229. PART payment of principal of debt under 21 Jac. I. c. 16.. 107. what sufficient, 107. must support implied promise, 108. on eve of bankruptcy, 110. by agent, 114. to agent, 114. on note after endorsement over, 115. what amounts to, 117. receipt of rents by mortgagee not, 117. by cestui que trust, 118. proof of, 120. after marriage, of wife's ante-nuptial debt, 122. by one of several co-contractors &c., 125. partner, 127. co-contractor who is executor of co-contractor, 127. by personal representatives, 129. heir or devisee, 129. reply of to plea of statute bad, 547. can be given in evidence under reply joining issue on defence of need not be set out in statement of claim, 549. PART payment under 3 & 4 Wm. IV. c. 27, ss. 40 & 42 and 37 & 38 what sufficient, 225. by person having partial interest in land charged, 229, 461. PART payment under 3 & 4 Wm. IV. c. 42, s. 5..153. proof of, 157. by co-contractor &c., 160. PART payment of principal of mortgage debt under 7 Wm. IV. and PARTIAL interest acknowledgment &c. by person having, 229, 232, 461. PARTICULAR assets, right of residuary legatee to, 183. estate created by devise, 307, 309. dispossession of person entitled to, 323. future estate expectant on, 315. estates and remainders created by settlement, 322. possession of wrong-doer during, 322. settlement by parties having, 326. PARTIES having particular estates and reversions, settlements by, 326. PARTNER surviving, not trustee for representatives of deceased part- ner, 12. when statute runs in favour of, 36. and executors of deceased partners, account acknowledgment by, 104. payment by, 127. in title possession by one, 376. PARTNERS Statutes of Limitations do not run between, 11. account between, 241. misrepresentation by one of several, 260. PARTY grieved, action for penalties by, 141, 512. to trust, direct equitable remedy of cestui que trust against, 252. PATRON, right of, to present when barred, 484. PAYMENT of interest on debt under 21 Jac. I. c. 16..107. what sufficient, 110. note which does not carry interest, 107. presumed to be for debts unbarred, 111. appropriation of, 111. on eve of bankruptcy, 110. under judgment, 113. on one of two collateral securities, 113. by agent, 114. to agent, 114. on promissory note after endorsement over, 115. to husband, 115. to cestui que trust, 115. to person acting as administrator, 116. receipt by mortgagee of rents &c. is not, 117. proof of, 120. by one of several co-contractors &c., 125. by co-contractor who is executor of co-contractor, 127. executor, effect on legatees of, 129. heir or devisee, 129. need not be set out in statement of claim or replied, 549. PAYMENT of interest on debt under 3 & 4 Wm. IV. c. 27, ss. 40 & must be by person liable to pay, 225. by person in possession of mortgaged property, 228. having partial interest in land, 229. |