PLEADING-continued.

FORMS OF continued.

REPLICATIONS, to plea of set-off, 180.

to claims affected by 3 & 4 Will. 4, c. 27, ib.
actio accrevit infra sex annos, 181.
that plaintiff was beyond seas, ib.
that defendant was beyond seas, ib.
plaintiff's infancy, 182.

if continuing, ib.
plaintiff's coverture, ib.
imprisonment of plaintiff, ib.
if continuing, 183.

merchant's accounts current, ib.

intestate beyond seas till death, ib.

that plaintiff's testator was under disability till death, ib.
by an executor, action recently after testator's death, ib.
in replevin, 185.

REJOINDERS, to replication to plea of set-off, 185.

denying infancy, ib.

denial of intent, 186.

the writ, ib.

that action not within six years from first return, ib.
that defendant did not appear, ib.

ENTRY ON THE ROLL, 187.

ISSUE IN SUPERIOR COURTS, 188.

WRIT OF INQUIRY, 189.

POSTEA, ib.

as to a set-off, 190.

IN EQUITY,

PLEAS, of the statute to a bill for an account, 191.

of discovery, 193.

POSSESSION, when it raises presumption of grant from the

crown, 7.

must be peaceable, to give right by prescription, 8.

defeasance of estate in, 13.

unity of, what it extinguishes, 9.

and what not, ib. 10.

when possession is adverse, 153.

when it must be actual, and not constructive, 15, 151.
of one incumbrancer, how it affects subsequent one, 16.
of one joint tenant, &c. not possession of others, 151.
of younger brother not that of heir, 152.

tenant at will quitting after adverse possession, 149.

POSTHUMOUS HEIR, when statute commences running, 10.
PRESCRIPTION, what presumed to be, 6, 132.

PRESCRIPTION-continued.

when a grant from the crown is presumed, 7.
must be uninterrupted, 8.

of no avail against a plain statutory enactment, 132.
positive and negative, 8.

how right may be acquired, 138.

claims having reference to, how limited, 19, 132.
how destroyed, 132.

right cannot be established by presumption, 136.
statutes relating to, 131, 138.

PRESENTATION, no lapse because the Queen does not present

4.

right of Queen to, on preferment to bishopric, 7.

when to be exercised, 8.

how barred by lapse, 11.

how affected by limitation, 12.

statute relating to, 99.

PRIVY COUNCIL, appeal to, within what time limited, 77.

from the Suddur Dewanny Adawlut, ib.

from Courts of Admiralty, ib. 78.

when it must be brought to hearing, ib.

PROCEEDINGS AT LAW, 42-68.

PROMISSORY NOTE. See tit. BILL OF EXCHANGE.

PROSECUTIONS not affected by Statutes of Limitation, 2, 5, 86.
except for particular offences, 86.

PUIS DARREIN CONTINUANCE, mode of pleading, 50.

Q.

QUALIFICATION of candidates at election, when to be declared,
82.

when officer must certify declaration, 83.

when member must deliver statement of, ib.

QUARE IMPEDIT, time for bringing writ, how limited, 11.

in case of abatement, how continued, ib.

origin of writ, 100.

effect of nonsuit after appearance, ib.

QUEEN. And see tit. CROWN.

not affected by statute unless expressly named, 4.

claim to franchises, heriots, &c. may be made at any time, ib.

QUEEN-continued.

wreck of her goods not affected by non-claim, 4, 82, 99.
no lapse on her non-presentment, 4.

may bring suit at any time against her accomptants, 5.
or their representatives, ib.

proceedings by, for penalties, when commenced, 5, 102.
within what time, 7, 102.

QUIT RENTS, not affected by Statutes of Limitation, 2.

QUO WARRANTO, defendant may plead, and rely on statute,

85.

from what time limitation reckoned, 124.

statute relating to, ib.

R.

REAL ACTIONS, abolition of, 166.

what now remain, 11, 167.

within what time they must be brought, 167.

REAL PROPERTY, claimant to, what he must possess, 144.
action to recover possession of, how limited, 12.
statutes relating to, 142, 176.

RECEIPT of profits by prior incumbrancer, effect of, 16.
of rents, to be deemed receipt of profits, 166.

REJOINDER, when defendant must deliver, after rule, 50.
under terms to " rejoin gratis," ib.

་་

for forms of, see tit. PLEADING.

REMAINDER-MAN, rights of, how affected by forfeiture, 13,

147.

when they first accrue, ib.

after fraudulent sale by tenant in tail, 158.
barred, when tenant in tail is barred, 13, 156.

by possession, under an assurance, 14, 156, 157.
possession adverse to tenant in tail runs on against, 156.

RENT, definition of, 143.

when created by act of parliament, not affected by statute,

2.

nor quit rents, ib.

action for the recovery of, when to be brought, 12, 144.

when right deemed to have first accrued, 12, 145.
received under lease in writing, 14.

RENT-continued.

tenancy from year to year, 14.

arrears of, action for, how limited, 16, 170.

when executor must distrain for, 16, 175.
action of debt for, see tit. DEBT ON SPECIALTIES.
statutes relating to, 114, 116, 142.

REPLEADER, motion for, when to be made, 53.

REPLEVIN, plaints of, within what time limited, 24.
when removed to superior Court, 30.

rule to declare, when to be obtained, 48.

replication when proceedings should be set out, 31.
rule for special jury in, when to be obtained, 51.
how to prevent the operation of the statute, 24.

REPLICATION, when special matter must be replied on specialty,

25.

in replevin, 31.

to plea of set-off, barred by statute, 35.

Statute of Limitations, its conclusion, &c., 40, 41.

when it sets out the process, 41.

when conusance is demanded, 31.

when plaintiff must deliver after rule, 50.

for forms of, see tit. PLEADING.

REPRESENTATIVE of deceased co-contractor, effect of payment
by, 28.

within what time he may issue process, 30.
executor of, how affected, ib.

REVENUE, removal of suit concerning, into Exchequer, 31.
when to be brought there, 97.

REVERSIONER, rights of, how affected by breach of condition,
&c. 13, 147.

when they first accrue, 13, 148.

when estate in possession barred, how affected, 155.

REVIVOR, suit of, not affected by limitation, 4.

RIGHT of presentation, see tit. PRESENTATION, LAPSE, &c.
of way, when absolute and indefeasible, 21, 133.
how affected by unity of possession, 9.
claims in respect of, how limited, 20.
disability, how it affects, 137.

how defeated, 21, 134.

when it is not defeated, 134.

of common, action for, when to be brought, 19.

ROLL, entry on, form of, 187.

S.

SCIRE FACIAS, to repeal letters-patent, when notice to be given,

79.

upon recognizance, when to be brought, 25.

disabilities affecting, ib.

how taken out of the statute, ib.

if judgment more than a year old, must proceed by, 57.
more than ten years old, how obtained, ib.

bail summoned upon, when they must render principal, 61.

SCOTLAND, limitation there, 8.

SEAMAN'S WAGES, suit in Admiralty Court for, how limited,

81.

what disabilities affect, ib.

appeal from, when to be brought, ib.

statute relating to suits for, 113.

SEISIN of homage, &c. 6.

what it includes, ib.

SERVICES, Queen's claim to, not affected by limitation, 4.
when seisin of superior includes inferior, 6.

SESSIONS, appeals to, computation of time, 88.
when certiorari may be applied for, ib.

under Vagrant Act, when to be made, 89.
Dean's Forest Mines Act, ib.

Custody of Insane Person's Act, ib.
New Poor Law Amendment Act, ib.

against poor rate, ib.

grounds of appeal, when to be sent, 90.

against overseer's accounts, ib.

SET-OFF, when barred by statute, 35, 130.
mode of replying to plea of, ib.

forms of replications, 180.

SEVERAL DEFENDANTS, one or more not affected by limita-
tion, verdict, &c. 41.

SEVERAL MATTERS, rule to plead, when required, 40.

how obtained, ib.