Art. 1. Federal and State statutes. 2. Debt on judgment at common law. DEBT FOR PENALTIES, AND STATUTES QUI tam, &c. 3. If a statute provides some forms, it does not, necessarily, ex- clude others. 4. Where a penal action is local. 5. Many rules in construing statutes. 6. When a statute takes effect. 7. Statutes against natural justice or equity. 8. Statutes public or private. 9. Forfeitures. 11. Demand of rent to fix the penalties, right of entry, &c. 12. Condition of reentry in leases. 13. Several essential incidents to rent. DEBT ON SIMPLE CONTRACT. 2. The usury to avoid a contract must be in the very contract Art. 7. Mutual account, some items within six years. 8. Pleas and evidence. 9. Acknowledgment or admission, &c. of a part. 10. Plt. may reply fraud to this plea. 11. Limitation of twenty years. 12. Cases in Massachusetts as to twenty years. 13. Massachusetts cases on the said statutes further. 14. Acts of limitation not originally pleaded. 15. Special replications to pleas of limitation. 16. Limitations, or time of suing prescribed in Louisiana. CHAPTER CLXII. PLEAS, NIL DEBET, NON EST FACTUM. Art. 1. Nil debet in various actions. 2. Non est factum. CHAPTER CLXIII. NUL TIEL RECORD, PLEA OF, IN SEVERAL CASES. CHAPTER CLXIV. PLEAS. OYER. CHAPTER CLXV. PLEA OF PAYMEMT. Art. 1. In sundry cases, and notes. 2. Who applies the payment. 3. When a bill pays a debt or not. CHAPTER CLXVI RECORD, MATTERS OF IN BAR. Art. 1. Nature of records. 2. Matter consisting with the record may be averred. 3. When a record may be altered. 4. When the record entered and the one pleaded are the same in substance, &c. or variant. 5. A record of a former judgment pleaded in bar. 6. Manner of pleading a former judgment or record. Art. 3. Release to one, or by one, of several. 4. Requisites in pleading a release. 5. Releases in law pleaded. 6. General words when restrained. 7. When a release, &c. is a defeasance. 8. Releases of debts by executors and administrators. 9. Releases in Massachusetts. 2. Debts due to one as surviving partner, set off against his own debts due from him. 3. Unliquidated damages cannot be set off in England. 4. Where liquidated damages may be set off by the obligee in a bond. 5. Cases in the United States. 6. Judgments set off, &c. persons having or claiming liens thereon. CHAPTER CLXIX. PLEAS. SAVED HARMLESS Art. General principles. 2. Question, when is a surety damnified so that he has a right to sue. 3. Pleas of, several forms. 4. General rule in pleading. 5. If the surety pay more than the real debt, it is his own loss. CHAPTER CLXX. TENDER AND BRINGING INTO COURT MONEY, PLEADED. Art. 1. General principles., 2. Sundry rules in tenders, &c. illustrated by cases. 3. The effect of a tender, the party to receive being absent. 4. By whom a tender is to be made. 5. In what money a tender must be made. 6. Where a tender is to be made. 7. When a tender is to be made. 8. To whom a tender is to be made. 9. When uncore prist is to be pleaded. 10. When touts temps prist is to be pleaded. 11. Profert in curia when to be pleaded. 12. Bringing money into court. |