Office, grant of by ecclesiastical persons, 285.
ceremony to complete the creation of an, 290.
offence of buying and selling an, 296.
remedies to recover an, 305.

duration of, 307, 311.

cannot be granted in reversion, 310.

may be granted to commence in futuro, 310.
when held during good behaviour, effect of, 311.
by whom to be executed, 311.

when void on account of officer's incapacity, 312.
manner of executing, 313.

when incompatible, 313, 314.

may be executed by two or more persons, 315.
of deputy, what, 316.

of the forfeiture of, 320.

Officer, defined, 279.

public, 280.

private, 280.

civil, 280.

political, 280.

judicial, 280.

ministerial, 280.

military, 280.

de jure, 283.

de facto, 283.

by whom to be appointed, 281, 283.
who may be appointed, 284.

qualifications of, 284.

may be removed, when, 311.

may lose his office by incapacity, 312.
judicial, cannot make a deputy, 317.
superior responsible for inferior, 319.
corruption of, how punished, 323.
oppression of, how punished, 323.
civil liability of, 325.

bribery of, how punished, 324, 325.

Officium, what, 279.

Omissions in a declaration, effect of, 492.
Outlaw is not liber et legalis homo, 349.

cannot be a juror, 349.

an auditor, 349.

sue, 345.

may be heir, when, 349.

tenant by the curtesy, 349.

scire facias in, 367.

effect of reversal of, 368.

Outlawry, what, 326.

effect of, 327.

in what cases it lies, 328.

in civil cases, 328.

criminal cases, 328.

Parliament, papists cannot sit in, 376.

Parties to an obligation, 246.

obligation when good although voidable as to one of the, 247.
who must be made, to redeem a mortgage, 95.

to actions, who may join, 467.

in actions ex contractu, 467.
plaintiffs, 467.

original parties, 467.

executors and administrators, 469.
husband and wife, 469.

Pauper, when entitled to sue in formâ pauperis, 420.
whether defendant can defend in formâ pauperis, 421.
when admitted to defend in formâ pauperis, 422.
in what cases dispaupered, 422.

Payment, when appropriation of, to be made, 262.
what debts first entitled to, 262.

plea of, 265.

VOL. VII.-89

Payment, presumption of, when it arises, 275.

Peer may be outlawed, 331.

Penalty, declaration on, 264.

whether damages may be recovered beyond the, 239.

Pendency of suit in another state, plea of, 635.
Per infortunium, homicide when justified, 184, 211.
Performance, plea of, when allowed, 266.

when to be averred in a declaration, 485.

Performavit omnia, effect of plea of, 265.
Perjury, what, 424.

Pleading, formerly ore tenus, 458.

in the Latin tongue, 458.
rules respecting, 458, 459.
defects in, how cured, 459.
effect of surplusage in, 460.
several parts of, 462.
order of, 462, 463.

rules to avoid prolixity in, 591.
effect of surplusage in, 601.
of negative pregnant in, 608.
estoppels in, 618.

profert when required in, 623.
duplicity in, 642. See Duplicity.
departure in, 651.

repleader, what, 657. See Repleader.
demurrer, what, 662. See Demurrer.

Pledge, what, 28.

Poisoning, who is guilty of murder by, 188.

Popery, offence of not making declaration against, 376.

Popish recusants, who are, 370.

how punished, 370.

disabilities of, 371.

offences of, 690.

punishment of, 693.

Precedency among mortgagors as to the right to redeem, 89.

Premium pudicitiæ, bond given for, void, 260.

Presumption of payment, when, 275.

destroyed by an admission within 20 years, 275.

Principal process of outlawry against,
and surety, liability of, 257.

payment of interest, 275.

endorsement of credit by obligee, 275.

showing inability of debtor, 275.

insolvency of debtor, 275.

the fact that parties are near relations, 276.
the absence of the debtor, 276.

continued absence of creditor, 276.

334.

Priority, what mortgage has a, 129, 133.

when two mortgages are given simultaneously, neither has a, 133.
redemption will be decreed according to the, of mortgagees, 156.

Profert, pleading with a, 623.

when dispensed with, 624.

who has the right of, 62, 79.

what fund liable to, 67.

who entitled to money paid on, 84.

precedency in right of, 89.

whether purchaser of rights of another is entitled to, 104.
person claiming, must do equity, 134.

manner of, 151.

Registry of a mortgage, effect of, 129, 132, 133.

equivalent to notice, 132.

take effect according to priority, 133.
of assignment of a mortgage, effect of, 132.

Rejoinder, what, 462.

Reliques, papist's houses may be searched for, 375.
Remedies by joint-obligors against each other, 257.
Removal from office, when it may be, 311.

Rent, when mortgagee accountable for, 180.
Renvoy, not now used, 443.

Repairs, when mortgagee allowed expenses for, 163.
mortgagee bound to make, 163, 180.

Repleader, what, 657.

how awarded, 657.

in what cases awarded, 658.

at what time awarded, 661.

not allowed after a discontinuance, 662.

Replication, what, 462.

Repugnancy, effect of, 601.

Res judicata, effect of, 639. See Former recovery.
Restraints to which papists are subject, 373.
Rests, when the master may make annual, 170.
Retraxit, what, 214.

difference between nolle prosequi and, 215.
when to be entered, 215.

when a nonsuit amounts to a, 215.

effect of, as to one of several joint-obligors, 255.

Reward for executing an office, when lawful, 324.

Riens in arrere, when a good plea, 531.

Riparian owners, rights of, 453, 455.

River, what is a public nuisance in a, 228.

navigable, 453.