DECLARATIONS-(continued.) II. RELATING TO THE CHARACTER IN WHICH THE PLAINTIFF SUES OR 7th BY AND AGAINST CLERKS, TREASURERS, TRUSTEES, AND PUBLIC 58. commencement of declaration by a clerk or treasurer to trustees, 59. do. by clerk or treasurer to a company empowered to sue by 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 63. do. against one of the public officers of a banking company, 28 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- 2. count on a promissory note against payee by an indorsee, ib. 3. count on a promissory note against indorser by indorsee, ib. 5. do. against the acceptor by the drawer, not being the payee, 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 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 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 DEMISE (see Landlord and Tenant. Lease. Notice. Title pleaded.) in ejectment, 669 to 675 (see Ejectment.) by lease, 391 DEMURRAGE, assumpsit for, 51 for detaining ship beyond days of demurrage, &c. 161, 165 covenant for, 376 DEPOSIT MONEY, action to recover, 168, note (b) how to frame declaration, ib. DEPOSITUM, what, 246 DESCENT (see Rien per Descent.) 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 DISTRESSES, assumpsit on promise to pay the rent on plaintiff's withdrawing a dis- by broker for not indemnifying him from loss by reason of the dis 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 impounding distress off premises, and not giving notice, ib. 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- for distraining by other persons than by bailiffs sworn in, 543 for selling more goods than necessary, 544 for not giving a copy of charges, under 57 Geo. 3, c. 93..545 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 against sheriff for refusing to replevy on tender of replevin bond, trespass for taking a distress, 658 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 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 ENGRAVER, case against, for using for his own purpose plates engraved by him for ENGRAVING, case for pirating, 575 ENROLMENT, of specification pleaded, 576 ENTRANCE MONEY, 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 against keeper of Queen's Prison for escape on mesne process, a general count against keeper of Q. P. where defendant in custody against keeper of Q. P. where prisoner committed to his custody the like more general, without stating how original defendant was against keeper of Q. P. where prisoner charged in execution on ESTATES, title in, pleaded (see Title pleaded and the respective titles.) assumpsit for not making title or abstract, or conveyance, on sale of, 209 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 second count for issuing fieri facias where nothing due, 548 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, EXECUTION, case, for escape, where prisoner in custody in, 557, 559, 561 EXECUTORS (see Administrators.) Commencements and Conclusions of Declarations by and against, 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. |