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CHAPTER II.
REMEDIES BY THE ACTS OF THE PARTIES.
Art. 1. In certain cases from necessity.
2. By recapture.
3. By re-entry on lands, and one's going on the lands of another
to take his goods, &c.
4. Abating nusances.
5. Taking chattels, damage feasant in what cases, &c.
6. By accord and satisfaction.
7. By arbitration and notes.
CHAPTER III.
ACTION WHAT.
Art. 1. Is a lawful demand of one's right, how, &c. and actions how personal, real, and mixed, on contracts and torts, &c.
2. Who may be plt.
3. How in actions several persons may be plts., and general forms in using.
CHAPTER IV.
WHEN THE PLT. HAS A RIGHT OF ACTION, AND OF WHAT KIND IN VARIOUS CASES.
CHAPTER V.
WHEN PLT. HAS AN ELECTION IN ACTIONS, AND MAY, IN SEVERAL CASES, SUE
EITHER.
CHAPTER VI.
PLT. MUST WAIT TILL THE CAUSE OF ACTION IS ACCRUED OR ACTIO NON
ACCREVIT.
Art. 1. The principle of law how settled.
2. Principle of survivorship in actions.
CHAPTER VII.
ACTIO PERSONALIS MORITUR CUM PERSONA. ACTIONS ON CONTRACTS'S
ON TORTS DIE WITH THE PARTIES, &c.
CHAPTER VIII.
ACTION OF ACCOUNT.
SURVIVE,
Art. 1. Is founded on contract and privity in law, &c. for things un-
certain.
2. Sundry cases.
Art. 3. Three cases in Massachusetts, and declarations, &c.
4. Pleading in account, and evidence.
CHAPTER IX.
ACTION OF ASSUMPSIT. MONIES HAD AND PAID, &c.
Art. 1. On promises not under seal, expressed or implied, the three
settled grounds thereof.
2. For monies had and received, when due in equity and good
conscience.
3. Monies paid by mistake.
4. Monies obtained by deceit.
5. When the consideration fails.
6. For monies paid on a void authority.
7. Monies obtained by extortion, imposition, embezzling, &c.
8. For monies paid on judgments reversed, erroneous, void, &c.
9. For the proceeds of one's property another obtains by wrong
and sells.
10. For monies paid on contracts illegal and void in law.
11. For monies mispaid to an agent, not paid over, &c.
12. Several cases, monies had and received, &c. .
13. In assumpsit, husband cannot recover monies secured to his
wife's sole and separate use.
14. When there is a warranty, this action for monies had and received does not lie.
15. For monies paid, laid out, and expended.
16. On illegal contracts.
17. For monies paid by sureties, bail, &c.
18. For monies lent-and agent and principal as to contracts.
19. When the plt. must, or may not sue in auter droit, or in his
own right, various cases and principles considered.
20. When one agrees to pay another's debts, how far assumpsit
lies, and how far there must be a written promise.
21. Certain promises raised by law, the principles whereon, and
sundry cases.
22. How an express promise excludes an implied one, or not, or
plt. may recover on his common counts or not.
CHAPTER X.
ACTION OF ASSUMPSIT. AGISTMENT.
Art. 1. Agistment, assumpsit as to.
2. Agistment on Massachusetts statutes.
ASSUMPSIT.
CHAPTER XI.
AGREEMENT WRITTEN, HOW REQUIRED or not.
Art. 1. Agreement what, &c.
2. Earnest, the effects of paying it, &c.
3. Effects of the word pro or for, and of conditions in agreements.
4. Writings where necessary to support an action on an agree-
ment, and sales at auction.
5. A parol agreement cannot control a deed, how far can a
writing.
6. Parol agreement as to lands.
7. The manner of placing the signature, &c.
8. How a letter will, in equity, amount to an agreement.
9. Parol agreements as to lands, in equity.
10. How far parol agreements can affect written ones.
11. Agreements waived.
12. Agreements partly performed.
13. Promises not within the statutes of fraud as to lands.
CHAPTER XII.
ACTION OF ASSUMPSIT. APPRENTICES.
Art. 1. Between master and apprentice, &c. as far as it relates to them. 2. Sundry principles and cases on which this action rests.
CHAPTER XIII.
ACTION OF ASSUMPSIT.
Art. 1. General principles.
ARBITRATIONS AND AWARDS.
2. The submission must be by parties capable of contracting, &c.
3. The effects of a good award to extinguish the former rights
of action.
4. How the award may be a bar, though not performed; when it
gives a new duty in lieu of the former.
5. General principles necessary in every award.
6. An award when certain or not.
7. An award mutual or not.
8. An award where certain, by relation to something dehors.
9. Referee act of Massachusetts and cases decided on it.
10. Mutual releases-time of submission, a known fact, &c.
11. Awards void in part.
12. How awards may be performed.
13. When awards are final and certain, or not.
Art. 14. Several rules, illustrated by cases.
15. Mistakes of arbitration, and several cases.
CHAPTER XIV.
ACTION OF ASSUMPSIT. ASSIGNMENTS.
Art. 1. The principles and effects of assignments.
2. English cases.
3. American cases.
CHAPTER XV.
ACTION OF ASSUMPSIT. ATTORNIES.
Art. 1. Assumpsit for their fees.
2. Where he has a lien for costs, and assumpsit lies thereon.
3. Submission to arbitration by attorney, &c.
2. How one finding goods, or bailee of them gratis, is answerable.
3. Of hiring.
4. Of pledges.
5. Of goods delivered to be carried for a reward.
6. Or to be carried without a reward.
7. Certain principles in these cases.
9. Possession.
10. Bailee's reward.
11. Bailee's neglect or default.
12. Bailee's care and diligence.
13. As to gross negligence.
14. The bailee's keeping the thing, after legally demanded by
the bailor, tender, &c. the effects.
15. Ordinary care, what.
16. When is one's property bailed or sold.
17. Roman and French laws on this subject.
Art. 18. Reasons for bringing into one view the essential principles of
bailments, &c. in assumpsit.
19. Pleas in cases of bailments.
CHAPTER XVIII.
ACTION OF ASSUMPSIT. BANKRUPTCY.
Art. 1. General principles in bankrupt cases.
2. Bankrupt actions in England, &c.
CHAPTER XIX.
ASSUMPSIT. BARON AND FEME.
2. His rights to her property, power over her person, torts as
to her, &c.
3. The effect of his recovering a chose in action that was hers, &c.
4. Her rents.
5. His rights as her administrator.
6. His rights by judgment, &c.
7. The husband's right when a bankrupt.
8. How he is liable for her debts or not.
9. Where husband and wife live separate.
10. Her separate liability.
11. His being an alien enemy, the effects as to this action, &c.
12. When divorced from bed and board, this action and how effect-
ed.
13. Where she is not liable to be sued, though living separate.
14. Where she elopes, the effects.
15. She is not liable to be sued, though she carry on trade by her-
self and live apart.
16. Marriage in fact, or by acknowledgment, binds the husband in
regard to her contract for necessaries.
17. When she is executrix or administratrix.
18. In cases of abduction, his remedies.
19. Her title to his estate further, &c.
20. Her appointments, &c.
21. Several cases.
22. Certain material principles, resulting from the above and oth-
er cases, considered on thirteen grounds.