to whom the statute applies, 19. Plea and Pleading, see tit. Replication. Possession, not pleadable to debt for arrears of rent reserved by inden- in debt, if necessary to be pleaded? q. 215. old way of pleading, 223. when pleaded to the whole of a declaration, and bad in part, 225. may be pleaded to part of the trespass complained of, 231. non assumpsit infra sex annos, when insufficient, 215 to 218. actio non accrevit infra sex annos, safest way of pleading, 218. must answer the promise laid in the declaration, 219. 221. must disclose the matter which the statute makes a bar, 226. Profits, bare perception of, no disseisin, 24. taking of by a stranger with the true owner for 20 years, 2 Promise, see tit. Acknowledgment. to pay debt barred, restores the remedy, 188. aliter, formerly, without new consideration, ib. 24. to executor, cannot be given in evidence under non assumpsit may be raised from an acknowledgment of debt, 190. Promissory Note, joint and several acknowledgment by one of the drawers of, 202. Prout patet per recordum, see tit. Replication, Replication, 231 to 243. Right, of a latitat must show the return and continuance, 232. capias need not show an original precedent, 236. promise to executor, all the promises in the declaration being varying from the declaration in an immaterial matter, no de- in time, if the time in the declaration were not materi- in time and place, to follow the plea, no departure, 243. special, must conclude with a verification, 238. in the statute, means right of entry, 17. Set-Off, cannot be of a debt barred by the statute of limitations, 94. Sheriff, statute pleadable to indebitatus assumpsit against a sheriff for mon- Specialty, Glander, aliter, if case be brought, 96. statute not pleadable to debt grounded on, 86. of title, not within the statute of limitations, 101. Stranger, taking a moiety of the profits by, for more than twenty years, 24. though he make a lease by indenture, 37. aliter, if he make actual entry, ib. T Tenant, possession of, 27. declaration by, that he is in possession for a stranger, 37. Time of Limitation see tit. Accounts. for suing writs of formedon, 10. making entry into lands, &c. 18. in actions of accounts, 3. assumpsit, 83. debt, 86. detinue, 3. case, 96. for slander, 102. trover, 97. replevin, 3. trespass to lands, 111. personal property, 3. persons, 111. with consequential damages, 113. runs immediately on an adverse possession, 19. right to enter aceruing, 37. when against tenants in common, &c. 28. when it begins to run in trover, 97. trespass for crim. con. 115. to commence new action within the equity of the fourth section, 237. Tradesman, see tit. Accounts. Trespass, to lands, 110. for mesne profits, ib. passes over all mesne acts, 84. for continued imprisonment, 113. Trover, see tit. Pleading, Time. omitted in the perclose of the statute, 3. implied in the general words, “actions upon the case,” 97. cause of action in, accrues on the conversion, ib. refusal, evidence of, ib. special, must show how the possession has been, 23. Within age, see tit. Assumpsit. W privilege by reason of, not saved by the statute in assumpsit, 181. Words, 102 to 110, see. tit. Costs. actionable in themselves, 109. no more costs than damages, if under 40s. ib. not in themselves actionable, ib. the special damage is the cause of action, ib. INDEX [TO THE NOTES, &c.} ÁBANDONMENT, Vide Title, VOLUNTARY ABANDONMENT. suit terminated by, and not revived, takes no time ACCOUNTS, Vide Titles, MERCHANDIZE, PRINCIPAL AND FACTOR. exceptions concerning, 70, n. [1.] parties within, 70, n. [1.] Merchants, 70, n. [1.] foreign, 70, n. other per- sons 70, ACCOUNTS, continued. closed by cessation of dealings between the parties, AC ETIAM CLAUSE, writ with, a good continuance of common pro- ACKNOWLEDGMENT, Vide Titles, EXECUTOR, PAYMENT, PROMISE. [2.] it is evidence only of a new promise, 188, n. [2.] takes a case out of the Statute, 188, n. [2.] 190, conditional, effect of it, 188, n. [3.] 189, n. [1.] 546. to an Executor, cannot be given in evidence by an Executor cannot be given in evidence un- to a person who is in existence to what sufficient, 188, n. [3.], 190, n. [1.], [2.] & Affidavit of debt by an Insol- filing account as an Exhibit in to settle, 190, n. [1.] & Agreement to arbitrate, 190, n. [1.] to refer, 190 n. [1.] refusing to pay, and advising sufficient, if made after commencement of Suit, 190, n. [3.] 547. need not be made to the Plaintiff, but may be |