(B) Of the Punishment therein.

It hath been resolved, that a statute, by appointing that an offender shall incur the penalty and danger mentioned in the 16 Ric. 2, c. 5, does not confine the prosecution for the offence to the particular process thereby given.

Vent. 173.

It is holden, that the statutes of pramunire which give a general forfeiture (a) of all the lands and tenements of the offender, extend not to lands in tail.` Co. Lit. 130. (a) Whether the forfeiture of any lands, &c., shall relate to the time of the offence, or only to that of the judgment, Qu.; and vide Cro. Car. 172; Jon. 217. It hath been adjudged, that a pardon of all misprisions, trespasses, offences, and contempts, will pardon a præmunire.

Cro. Ja. 336; 2 Bulst. 299.

The defendant in a præmunire must regularly appear in person, whether he be a peer or commoner, unless he is dispensed with by some writ or grant for that purpose; though in the case of Sir Anthony Mildmay,(b) he was allowed to plead a pardon to a præmunire by attorney: but (c) it has been thought that there was some clause to this effect in the pardon.

3 Inst. 125. (b) 1 Roll. R. 190; 2 Bulst. 290. (c) 2 Hawk. P. C. 273. Upon an indictment of a præmunire, a peer of the realm shall not be tried by his peers.

12 Co. 92, Ld. Vaux's case.

Upon an information on the statute 6 G. 1, c. 18, for setting up a bubble called the North Sea, it was determined, that the court was not obliged by that act to give the whole judgment, as in case of a præmunire, against the defendant, but only such parts of it as in their discretions they should. think fit; and accordingly a fine of 51. was set on the party convicted, and judgment that he should remain in prison during the king's pleasure. 2 Ld. Raym. 1361; The King v. Cawood, Stra. 472.

BINDEX TO VOL. VII.

A.

ABORTION, effect of an attempt to procure, 186.
Absence, when a forfeiture of office, 322.

not, 311.

Accessaries, in manslaughter there are no, 205.
process of outlawry against, 334.

Accord, when not a good plea, 597.

Account by mortgagee, how made, 164.

Acid spirit of sulphur, building for manufacture of, a nuisance, 229.
Action, when prematurely brought, effect of, 516.

Addition of estate or degree, 9.

Animal, when death is caused by an, whether owner is guilty of murder, 186.

Annual rests, when to be made, 170.

Appearance in outlawry, how made, 363.

Appointment, when complete, 290.

Apportionment of interest, when allowed, 179.

dividends not allowed, 179.

Appropriation of payment, when to be made, 262.

by whom to be made, 262.
civil law as to, 262.

Argumentative, pleas must not be, 606.

Arm of the sea, jurisdiction over, 446.
right to fish in, 455.

Arms, papists not allowed to keep, 374.

Assignee of mortgage, how to foreclose the mortgage, 160.

account, 163.

of a bond, rights of, 238.

Assigns, meaning of, 61.

Assize lies for an office, 305.

Authority to buy, what is sufficient, 126.
Averments required in a declaration, 483, 491.
must be positive, 510.

of performance required, 485.
conditions precedent, 485.

Avoidance, requisites of pleas in, 583.

BANK NOTES When a good tender, 176.
Bankruptcy, effect on mortgage, 115.
Baptism, omission of, punished, 375.
Bar, what are pleas in, 531.

B.

695

Benefit of outstanding terms, 118.

of clergy, when party convicted of manslaughter is entitled to, 205.

Bond, what, 237.

cannot be assigned at law, 237.

may be assigned in equity, 237.

when a, will extinguish simple contract, 237.

joint and several, 250.

condition of, when legal, 259

consideration of, when lawful, 259.

breach of condition of, how assigned, 261.

Boxing, consequences of death from, 203.

Breach of the condition of a bond, how to be assigned in pleading, 261.
of covenant, how stated in declaration, 493.

Bread, when the adulteration of, is a nuisance, 228.

Brewhouse, when a nuisance, 229.

Bribery of officer, how punished, 324, 325.

Bridge, when a nuisance, 227.

Burial, fine for unlawful, 375.

Buying office, offence of, 296.

void, 260.

to pay an old debt, when good, 261.

withdraw opposition to insolvent, void, 261.

difference between an executed and an executory, 569.
may be traversed, when, 569.

Conspiracy, consequences of, 201.

Constable, when it is murder to kill a, 200.

Constituimus, when required in a commission, 290.

Continuance, when necessary, 680, 683.

how to be entered, 684.

at what time to be entered, 684.

Conversant, meaning of, 12.

Co-obligors, how liable, 249.

Costs in admiralty, how awarded, 440.

Count, difference between a declaration and a, 464.

when they may be joined, 472.

Covenants running with the land, when mortgagee liable for, 58.
Customs must be accurately stated in declaration, 504.

Custos rotulorum, duties of, 297.

D.

DAMAGES, what amount may be recovered on a bond, 239.

Date, when required in a bond, 243.

manner of making, 498.

De injuriâ, when a proper replication, 536.

proper in assumpsit, 585.

not a proper plea, 586.

De plegiis acquietandis, writ of, 257.

Declaration, what, 464.

difference between a count and a, 464.

conclusion of, 464.

who may be joined as parties in the same, 467. See Parties to actions.
what matters may be joined in, 472.

how far required to agree with writ, 474.

certainty required in, 477, 513.

must show plaintiff's right, 477.

on a penalty, requisites of, 264.

for disturbance of incorporeal rights 481.

averments required in, 483, 491.

must be positive, 510.

of performance, 485.

tender, 488.

Demurrer, judgment on, when quod recuperet, 666.

quod respondeat ouster, 666.

what is good on general, 668.

difference between general and special, 667.
to evidence, 672.

Devisee of equity of redemption, not liable as assignee, 58.
Disabilities of papists, 371.

Disclaimer, plea of, 616.

Discontinuance, what, 684.

when by leave of court, 684.

when to be aided, 684.

Disjunctive covenants, how to be pleaded, 594.
Dissenters, how far incapable to hold office, 312.
Disturbance of an office, how punishable, 305.
Double damages, declaration for, 495.

pleading, when allowed, 648.

Doves are feræ naturæ, 226.

Dowress may redeem a mortgage, 78.

Drunkenness, effect of, on contract, 247.

Duel, death by, is murder, 190.

Duelling, act of New York respecting, is constitutional, 284

Duplicity, what, 642, 644.

how to take advantage of, 642.

Duration of an office, 307.

Duress, effect of, 246.

E.

EMBLEMENTS of mortgaged premises, who is entitled to, 60.
Employment, what, 279.

Encumbrances, notice of, 98.

to whom given, 124.

priority of, 99.

Equitable mortgage, what, 32, 102.

effect of, 33.

Equity of redemption, what, 62.

a party who seeks, must do, 240.

Eregimus, when required in a commission, 290.
Escrow, what, 244.

to whom the delivery of an, must be, 244, 245.
how pleaded, 545.

Esquire, addition of, 10.

Estoppels in pleading, what, 618.

kinds of, 618.

requisites of, 618, 623.

strangers not affected by, 620.
privies bound by, 620.

Etc., effect of, in pleadings, 525.

Evidence, what may be given under general issue, 541.
demurrer to, 672.

Excusable homicide, what, 211.

Executors must all join in actions, 469.

be joined as defendants, 470.

Exigent, when to be awarded, 350.

to whom to be directed, 353.

Exigi facias, effect of, 341.

Extinguishment of a claim, what, 48.

when a bond is an, of a former debt, 237.

F.

FALSE PLEADING, consequences of, 550.

Falsehood required to constitute perjury, 424.