representation, ii., 216, 219. effect of union of legal and equitable ti- n., different heirs to the same person, in rules of descent, subsequent to the year descent now traced from the purchas- inconvenience of this rule, ib. through an alien, ii., 226, n., 250, 251. changing the stock of descent, ii., 240, n. change of, by recovery, ii., 362, n. by soldiers, i., 416; iv., 102. Digests, i., 81. courtesy of, ii., 126, n. within what time to be pleaded, iii., 301, n. Direct prerogatives, i., 239. to purchase and convey, ii., 291. Disabling a man's limbs or members, iv., Disabling statutes, ii., 320; iv., 432. Discontinuance, ii., 275; iii., 171, 295. Disfiguring, iv., 207, 208, n. Dismembering, punishment by, iv., 377. Disseizin, ii., 195, 302; iii., 169. writ of entry sur, iii., 183. Dissenters, Protestant, iv., 50 disturbing worship of, iv., 54, and n. Description of property, construction of Dissuading witnesses, offense of, iv., 126. particular words, i., 19. Detainer, forcible, iii., 179; iv., 148. Determinable fee, ii., 109, n. See "Es- Detinet, action of debet and, iii., 156. Devises, ii., 374; iv., 430. See "Wills." executory, ii., 172, 175, n. fraudulent, iii., 430, n. Die eat sine, iii., 316, 399. Diet, excess in, 171. Diets, i., 147. Distrainers, must find a proper pound, iii., Distress (continued). fixtures can not be taken, iii., 9. formerly looked upon as a mere pledge, must be made by day, iii., 10. goods clandestinely carried off premises can not be made twice, iii., 11. must not be excessive, ib. remedy for excessive, ib. how to be disposed of, iii., 12. sale of, iii., 13. party distraining not to be deemed tres- irregularity in, does not make the land- lord a trespasser ab initio, iii., 213. law of domicil, ii., 387, n. modern writ of, iii., 287, n. notice to defendant to appear, ib. in detinue, iii., 413. of common, iii., 237. of patronage, iii., 242. of tenure, ib. of ways, iii., 241. Dogs (continued). stealing, iv., 236, and n. Dome-book of Alfred, i., 64; iv., 411. regulates succession to personalty, ii., Dominions, foreign, i., 110. Dowager, queen, i., 224; iv., 81. Dower, title by, in general, iv., 424. of wife of heir, who died without hav- how prevented, ii., 136. unde nihil habet, writ of, iii., 182. writ of admeasurement of, ib. Drawbacks, i., 315. Drawing to the gallows, iv., 92, 337. mine, iv., 246, n. Druids, their customs, i., 63; iv., 408. punishment for, &c., iv., 64, n. Dueling, iii., 337, 351; iv., 145, 185, 199, Disturbance of religious assemblies, iv., Dukes, i., 397, 409. 54, and n. Disturber, ii., 278. Diversity of person, plea of, iv., 396. clerks making false, iv., 250, and n. right of bishops, i., 20, n.; iv., 436. Divine service, tenure by, ii., 102. Dumb and deaf persons, trial of, iv., 324 and n. Dum fuit infra ætatem, writ of, iii., 183. Dock, stealing from, iv., 240, and n. Duplicity in pleading, iii., 308, 311. Duress, conveyance by person under, ii., Earl, i., 116, 398. Earl-marshal, his court, iii., 68; iv., 267. Easement, distinguished from rights of description and classification of, ii., how gained and transferred, ii., 36, peculiarity of right to light and air, ii., right of way, by grant, by prescription, grants by ecclesiastical persons, ii., abandonment of, ii., 9, n., 264, n. See Advowson," the civil, iii., 62; iv., 415, 421. method of proceeding in, iii., 98. when separated from civil, iv., 415, Ejectment (continued). must specify in the rule of court the if lease, entry, and ouster not confessed consequence thereof, ib. exception in favor of landlords, iii., question may be re-tried, ib. when a court of equity will interfere effect of judgment in, iii., 205, n. Election of bishops, i., 377; iv., 115, 421. of magistrates, i., 340; iv., 413, 427. of Scotch peers, i., 169; iv., 116. Elections should be in public, i., 178, #. counties, i., 172, n. ouster of estate held by, iii., 198. what may be taken in execution under when capias ad satisfaciendum may is- Isle of, now a division of the county of secular authority of bishop of, determ- destroying powdikes in, iv., 244. now the only mode of trying title of Embargo, i., 270. lands, iii., 197, n. notice to be given to the tenant in pos- regular method of bringing an action invention of new method of trying ti notice to tenant in possession, iii., 203. landlord may be made defendant, iii., tenant must confess lease, entry, and Embassadors, how appointed, i., 253. violation of privilege of, iv., 70, 441. by clerks or servants, iv., 231, n. by bankrupts, iv., 156, and n. by persons in the public service, iv., 122, n. by persons employed in the post-office, by artificers, &c., iv., 160. n. 261. Endowment of vicarages, i., 387. adhering to, &c., offense of, iv., 82. Enfranchisement of villeins, ii., 94. English courts, not so subject to delays as variety of, arises from adapting their English tongue, pleadings required to be but practicers continued to take notes proceedings ordered to be in, except Engravings, copyright in, ii., 407. Enlarging statutes, i., 87. Enrollment of annuity, ii., 461. of bargain and sale, ii., 338. Entails, ii., 112; iv., 427, 431. See "Es- of personalty, ii., 398. Entry, ii., 312; iii., 5, 174. when it may be made, iii., 175. within what time must be made, iii., could not formerly be made after aliena- nor upon deforcement, iii., 178. a speedy remedy in Saxon times, iii., forcible, iv., 148 in burglary, iv., 226, and n. VOL. IV.-K K 433. said to vary with the chancellor's foot, sometimes makes merely technical dis- jurisdiction founded on a common-law rules of property, interpretation, and general nature of, iii., 429. can not alter the common law, ib. sends some matters to law, iii., 431. remedies defective assurances in some interferes in whose favor, iii., 431, n. jurisdiction in bankruptcy, iii., 428. favors creditors' children, &c., iii., 431, n. jurisdiction to enforce agreements, iii., relief against penalties, iii., 435. 439. Equity (continued). reserved, iii., 453. Equity of redemption, ii., 159. of statute, i., 61, 62, n.; iii., 431. Error, writ of, iii., 406; iv., 391. where prosecuted, iv., 391. plaintiff in, must find bail, iii., 411. in equity, iii., 454. in lunacy, iii., 427. upon mesne process, action on the case after judgment, action of debt for, ib. voluntary, prisoner can not be taken negligent, when sheriff is excused for, offense of, iv., 129, and n. of vagrants, iv., 170, n. Escheat, i., 302; ii., 11, 72, 89, 214; iv., 338, 413, 418. distinguished from purchase and de- lord takes, subject to tenant's encum- where there is a trust, ii., 246, n. none when corporation becomes extinct, of gavelkind lands, ii., 84. writ of, iii.. 194. Escrow, ii., 307. Escuage, ii., 74; iv., 422. son of, entitled to kill game, when, iv., 174. Essoign day, iii., 277, and n. conditional limitations, conditions, and in remainder, ii., 163. See "Remain- rules as to limitations by way of remain- der, executory devise, and springing freehold, to commence in futuro, ii., 144, alienation of, ii., 287, et seq., 290, n. in severalty, ii., 179. in joint-tenancy, ii., 179, et seq., 192. crown can not be joint-tenant of a chat- Estate (continued). adverse possession by tenant in com- partition by tenants in common, ii., 194. a freehold or a chattel, ii., 16, 2. in demesne, ii., 105. abeyance of the freehold, ii., 107. grant to corporation, ii., 108. fee-simple, conditional fee, and determ- 110. base fee, ii., 109. tail, ii., 110, et seq. tail, in an annuity, ii., 41, 112. incidents to estate-tail; waste, dower, destruction of entail, ii., 116, 348, 354, tail, in copyholds, how barred, ii., 371. tail, liable for debts to the crown, or of a bankrupt, ii., 119. tail, may be appointed to a charity, ib. not of inheritance, ii., 120. civil death, ib. estovers, emblements, &c., ii., 122. pour autre vie, in incorporeal heredita- pour autre vie, is assets, ii., 260, 379, n. |