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LIGHTS;

claims to use of, may be alleged generally, in actions upon the case, &c. 37. how alleged, in pleadings to actions of trespass, &c. Id.

LIMITATION,

of actions, &c. relating to real property;

at common law: 16.

by stat. of Merton, (20 Hen. III.) c. 8. Id.

Westm. I. (3 Edw. I.) c. 39. Id.

32 Hen. VIII. c. 2; Id.

in writ of right, or prescription, &c. of ancestor's seisin, or posses-
sion. Id. 17.

of possessory actions, of ancestor's seisin or possession. 17.
of actions, by persons of their own seisin or possession. Id.
of avowry or cognizance, for rent, suit, or service. Id.

of formedon in reverter, or remainder, and scire facias upon fines.

18.

bar to actions, &c. for default of seisin or possession, within time

of limitation. Id.

savings for infants, &c. Id.

copyholds within the statute. Id.

to what cases it did not extend; Id. 19.

by stat. 1 Mar. stat. 2. c. 5. p. 19.

21 Jac. I. c. 16. § 1; Id.

writs of formedon. Id.

ejectment. Id. 194.

entry into land, &c. to be made within twenty years. 19.
action thereon, when to be commenced. 20.

proviso, in favour of infants, &c. Id.

3 & 4 W. IV. c. 27; (Limitation of Actions, &c. :)

entry, distress, or action, for recovery of land, &c. to be made, or

brought, within twenty years after right accrued. 20.

when right shall be deemed to have accrued; 21.

in case of estate in possession: Id.

on dispossession. Id.

abatement. 22.

alienation. Id.

in case of future estates. Id.

forfeiture, or breach of condition; Id.

where advantage of forfeiture is not taken by re

mainder-man. Id. 23.

reversioner to have a new right. 23.

in case of administrator. Id.

tenant at will. Id.

tenancy from year to year. Id. 24.

where rent has been wrongfully received. 24.

receipt of rent, to be deemed receipt of profits. Id.
a mere entry, not to be deemed possession. Id.

no right to be preserved by continual claim. Id.

possession of one coparcener, &c. not to be possession of the

others. 25.

younger brother, not to be possession of the heir. Id.

effect of acknowledgment in writing, given to person entitled, or his agent. Id.

time allowed, where possession was not adverse, at time of passing the act. 26.

in cases of infancy, coverture, idiotcy, lunacy, unsoundness of mind, or absence beyond seas. Id. no entry, distress, or action, to be made or brought, beyond forty years after right accrued. Id. 27. no further time allowed, for succession of disabilities. 27.

LIMITATION,
of actions, &c. relating to real property;

by stat. 3 & 4 W. IV. c. 27; (Limitation of Actions, &c. :)

Scotland, Ireland, and the adjacent islands, not to be deemed beyond seas. 27.

when right to estate in possession is barred, it will bar right to future estates. Id.

where tenant in tail is barred, &c. in what cases remaindermen shall not recover. Id. 28.

time allowed for recovery of lands, &c. by ecclesiastical, or eleemosynary corporations sole. 28, 9. for recovery of advowsons. 29, 30.

right of party out of possession, at what time to be extinguished.

how long real actions may still be brought;

when claimant has no right of entry. 13.

30, 31.

his right of entry is taken away, by descent cast, discontinuance, or warranty. Id.

no descent cast, discontinuance, or warranty, to bar right of en

limitation of suits in equity; 31.

try. Id. 14.

in cases of express trust. Id.

fraud. Id.

saving jurisdiction, on ground of acquiesence, &c. Id. mortgagor, in what time to be barred. 31, 2.

money charged upon land, and legacies, in what time to be deemed satisfied. 33.

no arrears of dower to be recovered, for more than six years. Id. rent, or interest, to be recovered for a longer pe

act to extend to spiritual courts. 34.

riod. Id.

not to extend to Scotland, nor to advowsons in Ireland. Id.

of claims to rights of common, or of way, &c.; 35, 6.

time for, how reckoned. 36, 7.

what shall be deemed an interruption. 37.

of claims of modus decimandi; 38, 9, 40.

exemption from, or discharge of, tithes. Id.

time for, how reckoned. 41.

presumption, in support of, when not allowed. Id. 42.

of personal actions;

by stat. 21 Jac. I. c. 16. § 3. p. 42.

to what actions confined. Id. 43.

after removal of cause from inferior court. 51. 119. by stat. 2 W. IV. c. 39; (Uniformity of Process act :) proviso, respecting. 51. 77. 107.

proceedings necessary to prevent operation of. Id. by stat. 3 & 4 W. IV. c. 42; (Law Amendment act :) upon contracts:

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LIMITATION,

of personal actions;

by stat. 3 & 4 W. IV. c. 42; (Law Amendment act :)

for wrongs:

trespass, or case, by or against executors or administrators. 15. all actions for penalties, &c. given to party grieved. 43.

infants, femes covert, &c. excepted out of. Id. 44.

proviso, for defendants beyond seas. 44.

in case of acknowledgment in writing, or by part payment. Id. after judgment, or outlawry reversed. Id. 45.

extended to every part of united kingdom. 45. entries of process, to save statute of. See tit. Entries. LOCAL ACTIONS,

may be tried, on suggestion, in any county. 138. LONDON;

writ of right in. 2.

LUNACY;

effect of, on stat. 3 & 4 W. IV. c. 27. p. 26.

M.

MAIL CONTRACTOR;

bringing money into court, in action against. 139. may be sued, without joining his copartners. 140. MALICIOUS ARREST;

money not to be paid into court, in action for. 139. MALICIOUS PROSECUTION;

money not to be paid into court, in action for. Id. MAN,

isle of, statutes of limitations extend to. 27. 45. MANDAMUS; writ of, what, and how enforced at common law. 206.

for examining witnesses in India, on stat. 13 Geo. III. c. 63. § 44. pp. 158, 9. powers and provisions of the above statute, extended to the colonies, &c. by stat. 1 W. IV. c. 22. p. 160.

rule for, in K. B. founded on judge's order, to examine witnesses in New South
Wales. 313.

writ of, to examine witnesses in India, or the colonies, &c. Id. 314.
judges, to whom directed, empowered to enforce attendance, and examination of

costs of, and proceedings thereon, to be in discretion of court. Id.
proceedings on, by stat. 9 Ann. c. 20.; pp. 206, 7.

return to be made to first writ. 207.

witnesses. 160.

prosecutor may plead, &c. and party making return may reply, &c. Id.
further proceedings on, to trial, judgment, and execution, for prosecutor. Id.

on judgment for party making return. 208.

208.

persons against whom damages shall be recovered, not liable to be sued in other actions. Id.

court may allow a convenient time to return, or to plead, or reply, &c. Id. statutes of jeofails extended to. Id.

provisions of 9 Ann. c. 20. extended to all other writs of mandamus, by stat. 1 W. IV.
c. 21. p. 209.

when directed to officers, &c. not interested, or merely ministerial; Id.
proceedings on:

rules and orders; Id.

may be made conformable to stat. 1 & 2 W. IV. c. 58. pp. 209, 10. return to, and issues on, by whom and how made, and joined. 210. judgment for, or against whom to be given. Id.

remedy thereon. Id.

not to abate by death, resignation, or removal of officer. 210.

MANDAMUS;

when directed to officers, &c. not interested, or merely ministerial;

MANDATE,

costs on;

remedy for recovery of. 210.

of application for, and of writ, if issued and obeyed, to be in discretion
of court. Id. 211.

to sheriff, in county palatine; 84. 96.

forms of, on distringas. 270, 71.

capias. 275, 6.

to bailiff, in Isle of Ely, &c. 83.

MARSHAL,

of King's Bench prison;

ancient mode of detaining prisoner in custody of, in K. B. 114.
present mode of detaining him, on stat. 2 W. IV. c. 39. Id.

writ of detainer to; See tit. Detainer.

MASTER,

direction and form of. 115.

copy of, and indorsements on, to be delivered to. Id.
declaration on, to allege prisoner to be in custody of. Id.
commencement of. 113. 115, 16. 289.

in Exchequer of Pleas, by whom formerly appointed; 54.

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writ of summons against corporation aggregate, may be served on. 74.
MEMBER OF PARLIAMENT;

mode of proceeding against by bill, abolished. 61.

need not be described in process, as having privilege of parliament. 66. 262. (a.)

writ of summons against, to enforce provisions of stat. 6 Geo. IV. c. 16. § 10; pp. 75.

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to be subscribed to writ of summons, in ordinary cases. 68, 9. 263,

the like, against member of parliament. 264.

the like, to writ of capias. 69. 92. 274.

to be indorsed on writ, issued in continuation of preceding writ. 51. 77. 265.
MESNE PROCESS;

entries of, to save statute of limitations. See tit. Entries.

MISNOMER,

not to be pleaded in abatement. 66. 142.

MIXED ACTIONS; See tit. Actions, mixed.

damages in 11, 12.

what, and when to be abolished, by stat. 3 & 4 W. IV. c. 27. § 36. pp. 12, 13.

excepted out of that statute. 13.

not within stat. 2 W. IV. c. 39. p. 62.

MODUS DECIMANDI;

263.

act for shortening time required in claims of, or exemption from, or dicharge of tithes,

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charged on land, at what time to be deemed satisfied. 33.

MONEY,

charged on land;

interest in respect of, not recoverable for more than six years. 33, 4.

bringing into court;

on application for relief against adverse claims. 129.

in action against common carriers. 139.

in all personal actions, with certain exceptions. Id.

MORTGAGOR;

in what time barred of his equity of redemption. 31, 2.

NEW TRIAL,

N.

after trial of issue, before sheriff, &c. on stat. 3 & 4 W. IV. c. 42. § 17. p. 154.
certificate for immediate judgment and execution. 177, 8.

NOLLE PROSEQUI;

costs on. See tit. Costs.

NON APPEARANCE,

of third party, adverse claim barred by. 129.

NON COMPOS MENTIS,

persons, excepted out of statutes of limitations. 26. 42, 3.

time allowed to persons, for resisting claims to rights of common, or of way, &c. 38.
claim of tithes by persons, when not affected by stat. 2 & 3 W. IV. c. 100. p. 41.
NON EST INVENTUS;

return of, to writ of summons. 51. 77. 107. 264.

NONJOINDER;

distringas. 85. 104. 110. 271.

capias; 110. 286.

alias, or pluries. 99.

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of intention to apply for admission, as an attorney. 255.

to be subscribed to writ of distringas. 269.

or warning, on writ of exigi facias. 278.

of filing declaration in chief, and to plead, &c. when plaintiff appears for defend-

ant, on serviceable process. 294.

filing declaration de bene esse, on bailable process. 295.
motion, on interpleader act, in action by executors, for trial of right to property,
claimed by assignees of a bankrupt. 296.
inquiry, and assessment of damages, on stat. 8 & 9 W. III. c. 11. § 8. p. 304.
executing writ of trial. 309.

time and place appointed for examination of witnesses, on interrogatories. 516.
to appear and plead to declaration in ejectment, on stat. 11 Geo. IV. & 1 W. IV. c.

NULLA BONA ;

return of, to writ of distringas. 85. 104. 110. 271.

70. § 36. p. 329.

OATH,

0.

of witnesses, to be examined upon interrogatories. 165.

by whom administered. Id.

power of arbitrator to administer. 170.

or affirmation, on admission of attorney. 260.

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