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DECLARATIONS-(continued.)

II. RELATING TO THE CHARACTER IN WHICH THE PLAINTIFF SUES OR
THE DEFENDANT IS SUED- — (continued.)

7th BY AND AGAINST CLERKS, TREASURERS, TRUSTEES, AND PUBLIC
OFFICERS APPOINTED TO SUE AND BE SUED BY STATUTE.

58. commencement of declaration by a clerk or treasurer to trustees,
&c. empowered to sue by statute, 26

59. do. by clerk or treasurer to a company empowered to sue by
statute, 27

60. do. against such clerk or treasurer, ib.

61. do. by the trustees of a friendly society, ib.

62. do. by one of the public officers of a banking company, under 7
Geo. 4, c. 46, ib.

63. do. against one of the public officers of a banking company, 28
MODELS OF CONCISENESS IN DECLARATIONS IN ASSUMPSIT AND DEBT AS
PRESCRIBED BY REG. GEN. T. T. 1 W. 4, AND REG. GEN. HIL. T.
4 W. 4.

observations on these rules in general, 29

Reg. Gen. T. T. 1 W. 4..30

recital of object of the rule, ib.

forms prescribed under that rule, 31

1. count on a promissory note against the maker by payee or in-
dorsee, as the case may be, ib.

2. count on a promissory note against payee by an indorsee, ib.
several indorsements, 32

3. count on a promissory note against indorser by indorsee, ib.
4. count on an inland bill of exchange, against the acceptor, by the
drawer, being also the payee, ib.

5. do. against the acceptor by the drawer, not being the payee, ib.
6. do. against the acceptor by indorsee, ib.

7. do. against the acceptor by the payee, ib.

8. do. against the drawer by payee on non-acceptance, 33

9. do. against the drawer by indorsee on non-acceptance, ib.

10. do. against indorser by indorsee on non-acceptance, ib.

11. do. against payee by indorsee on non-acceptance, ib.

12. directions for declarations on bills where action brought after
time of payment expired, ib.

1. on bills payable after date, ib.

2. on bills payable after sight, 34

directions for declarations on bills or notes payable at sight, ib.

directions for declarations on foreign bills, ib.

COMMON COUNTS.

1. goods sold, 34

2. work and materials, ib.

3. money lent, ib.

4. money paid, ib.

5. money received, ib.

6. account stated, ib.

7. general promise applicable to all the counts, ib.

8. general breach, ib.

directions how to frame declarations when there is a count on a bill or

note besides the common counts, ib.

DECREE,

assumpsit on Scotch decree by assignees of a bankrupt, 179

debt on Scotch decree, 306

DEED (see Bond. Covenant. Debt.)

on a deed-poll, 307

trover for, 639

DEFECT OF FENCES (see Damage Feasant. Fences.)

DEFENDANT,

commencement of declaration where one outlawed, 18
DEL CREDERE COMMISSION,

assumpsit on promise to be responsible in, 257

DELIVERY (see Lease. Sale.)

for not delivering goods bought, 197 to 199

of writ to sheriff, and of warrant to bailiff pleaded, 322

DEMAND (see also Request.)

of copy of warrant from a constable, 4

declaration on note payable on, averring demand, 83
particulars of, 5 to 7 (see Particulars of Demand.)

DEMISE (see Landlord and Tenant. Lease. Notice. Title pleaded.)
statement of,

in ejectment, 669 to 675 (see Ejectment.)

by lease, 391

DEMURRAGE,

assumpsit for, 51

for detaining ship beyond days of demurrage, &c. 161, 165
debt for, 308

covenant for, 376

DEPOSIT MONEY,

action to recover, 168, note (b)

how to frame declaration, ib.

DEPOSITUM,

what, 246

DESCENT (see Rien per Descent.)
title by, stated, 413

DESCRIPTION,

in notices of action, 1 to 4 in notes

DETINUE,

commencement of declaration in, 428

Declarations in,

first count on a bailment to re-deliver on request, 428

second count on a supposed finding, ib.

debt and detinue in the same declaration, 429

DEVASTAVIT,

law as to, suggesting, &c. 340, note

suggested, in action against administratrix, on judgment, ib.

DEVISAVIT VEL NON,

feigned issue, to try, 174

DEVISE AND DEVISEE (see Bond. Will.)

devise in fee-simple pleaded, 424, 426

title by, since 1 Vic. c. 26..427

declaration against devisee and heir, 333 (see Bond.)

DILAPIDATIONS (see Covenant. Landlord and Tenant. Rector. Waste.)

DISCOUNT,

for not procuring discount of a bill, 202, 258
for usury on, 359 to 362

DISTRESSES,

assumpsit on promise to pay the rent on plaintiff's withdrawing a dis-
tress, 187

by broker for not indemnifying him from loss by reason of the dis
tress, 234

case for illegal distresses,

as to number of counts in actions relating to, 533

for double value of goods, no rent being in arrear, 534

for distraining beasts of the plough, 535

for distraining tools of trade, ib.

for distraining for more rent than was due, 536

for an excessive distress, 537

for distraining a second time on same goods for same rent, 538
for driving distress out of hundred, 539

for impounding distress off premises, and not giving notice, ib.
for refusing to re-deliver goods on tender, 540

for selling goods within the five days, 541

for not removing goods after the five days, 542

for selling under a distress without having goods appraised by ap-
praisers, ib.

for distraining by other persons than by bailiffs sworn in, 543
for selling a growing crop before gathered and appraised, ib.
for not selling for best price, ib.

for selling more goods than necessary, 544

for not giving a copy of charges, under 57 Geo. 3, c. 93..545
for several injuries, in one count, ib.

for not leaving overplus in the hands of the sheriff, &c. 544

for rescue of cattle, &c. distrained for rent, 550

for pound-breach of cattle distrained for rent, 551

for rescue of cattle, &c. distrained damage feasant, ib.

for pound-breach of cattle distrained damage feasant, 551

for misusing a distress, 510

against a bailiff for misconducting a distress, 503

against landlord for not indemnifying plaintiff from a distress by
ground-landlord, 546, 230

against sheriff for refusing to replevy on tender of replevin bond,
on a distress for poor rates, 633

trespass for taking a distress, 658

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DRAMATIC COMPOSITION,

case for representing of, &c., 576

DRAWER AND DRAWEE,

assumpsit by and against, 32, 99, 100 to 131 (see Bills of Exchange.)

DRIVING,

carelessly, case for damage by, 486 to 488

DURANTE MINORE ÆTATE, 24, 78, 79 (see Administrator.)

DWELLING-HOUSE (see Houses.)

EATAGE OF GRASS, &c.

assumpsit for, 41

depasturing, &c. 49

EDUCATION,

assumpsit for educating defendant's child, &c. 62

EJECTMENT,

declarations in,

observations on, in general, 668

by original in Q. B.

on a single demise, 669

premises in general how to be described, 671, 672
the demise, 670

plaintiff's entry, 671

the ouster, ib.

the notice to appear, 672

notice to appear under 1 Geo. 4, c. 87..673

the like in another form, ib.

on 1 Will. 4, c. 70, s. 36, ib.

on two demises with one ouster, ib.

on two demises with two ousters, 674

on demises by tenants in common, &c. 675

by a joint-tenant or parcener, ib.

by a lessor or superior landlord against lessee, 676

on a demise by deed, for tithes, ib.

by a bill in Q. B. 677

in the Exchequer, ib.

on a vacant possession, 678
notice to appear thereto, ib.

ENGRAVER,

case against, for using for his own purpose plates engraved by him for
plaintiff, 510

ENGRAVING,

case for pirating, 575

ENROLMENT,

of specification pleaded, 576

ENTRANCE MONEY,
assumpsit for, 62

ENTRY (see Ways.)

under a lease stated, 391, 392

by an assignee, 395

EQUITABLE INTEREST,

assumpsit by vendor of, 213, note (a)

ESCAPES,

Case for,

against sheriff for escape on mesne process, 552
the like for not arresting on opportunity, 554
the like for false return of non est inventus, 555
the like for escape on final process, 557

against keeper of Queen's Prison for escape on mesne process,
prisoner removed by habeas corpus, 555

a general count against keeper of Q. P. where defendant in custody
on a surrender in discharge of bail, 556

against keeper of Q. P. where prisoner committed to his custody
in execution, 559

the like more general, without stating how original defendant was
in his custody, 561

against keeper of Q. P. where prisoner charged in execution on
judgment in C. P. removed into Q. B. on error, &c. 561

ESTATES,

title in, pleaded (see Title pleaded and the respective titles.)
sold, assumpsit for, 37, 38

assumpsit for not making title or abstract, or conveyance, on sale of, 209
for not completing purchase of, 213

covenant for breach of good title, 388

ESTOVERS (see Common.)

declarations for disturbance of common of, 617

EXCESSIVE DISTRESSES (see Distresses.)

EXCESSIVE LEVY,

for levying on a judgment entered up under warrant of attorney, when
part had been paid, rest not due, 546

second count for issuing fieri facias where nothing due, 548
for procuring a fieri facias for more than the judgment, ib.
against sheriff for, and converting overplus to his own use, ib.

EXCHANGE, BILL OF (see Bill of Exchange.)

EXCHANGE OF HORSES, &c.

assumpsit to pay money upon, 200

upon a warranty on, 206

EXCHEQUER, COURT OF,

forms of declaration in, 12 to 28

declaration at the suit of one of side clerks, 15

debt on judgment of, 337

EXCISE OFFICERS,

notice of action to, 3

EXECUTED CONDITION,
assumpsit on, 254

EXECUTION,

case, for escape, where prisoner in custody in, 557, 559, 561

EXECUTORS (see Administrators.)

Commencements and Conclusions of Declarations by and against,
beginning of a declaration by an executor in Q. B., C. P. or Ex-
chequer, 20

do. against an executor, ib.

do. by an executor against an executor, 21

do. by executor of an executor, ib.

do. by a surviving executor, ib.

do. by husband, and wife executrix, ib.

do. against husband and wife, wife being executrix, ib.

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