NOTICES (continued.)

by reversioner of his interest in goods seized by sheriff, 568.

of property being in house or on land of another, ib.

to an occupier to remove nuisance on his own land, 569.

of a tree having been blown down on land of another, and of intention to remove
same, ib.

to cease a permitted nuisance, 570.

suggested form of, to remove a nuisance, ib.

correct notices requisite in all cases, 568.

notices after inception of injury in cases of contracts, 582.

notice and demand rescinding purchase of goods bought by an infant, 582.

notice to an indemnifying party utility but not requisite, 584.

notice of having removed a private nuisance to ancient lights and of materials,
651.

to the person, 647.

destroying a libel, 647, 648.

to personal or real property, 648.

of nuisances to commons, 651, 652, 395.

suggested form of notice of having removed nuisance and materials, 651.

abatement of public nuisance, 653, 413.

how to be effected, 653 to 656.

powers given by various acts to commissioners to remove nuisances,

654 to 656.

injunction may be obtained to prevent, 727.
whether public or private, 727 to 729.

NUMBER OF OWNERS.

of personalty, 102.

of realty, 268 to 272.

OATHS.

by executor as to amount of assets, 519, 526.

affidavit by administrator to obtain administration, 527.

oath to found proceedings against hundred, 580.

mandamus lies to justices to admit a person to take oath, &c. in order to be teacher
of a dissenting congregation, 798.

OCCUPANCY. See Special Occupancy.

title by, or possession as to personalty, 102.

title Ly, to realty, 280 to 282.

OFFENCE.

defined, 14, 15.

OFFENDERS, APPREHENSION OF, 617 to 633. See Apprehension of
Offenders.

OFFICERS. See Mandamus.

OFFICES AND SITUATIONS OF A PUBLIC NATURE. See Mandamus.
mandamus lies to admit or restore a party entitled, when office legal and public,
or fixed, &c. by statute, &c. 798.

but not if office of a private nature, 798, 800.

or determinable at will, ib.

nor unless party applying show that he is in all respects entitled, 798.

to admit or restore corporate officer from the highest to the lowest, ib.

and this though he has never had possession of the office, 798, 799.

but if election discretionary, no mandamus issues to proceed to elect, 799.

nor to elect members of an undefined body, ib.

nor to compel a corporate assembly for purpose of removing non-resident mem-
bers, ib.

when office will be presumed to be public, ib.

granted to restore a party to office of clerk or surveyor to the city works, ib.
mandamus lies to restore the treasurer of the new river company, 789.

OFFICES AND SITUATIONS, &c.—(continued.)

ecclesiastical officers and persons, admission of these enforced from the highest to

the lowest, 789.

unless where there is other remedy, ib.

lies to try the right of officiating in a chapel, ib.

to compel bishop to grant a license to a lecturer to preach, ib.

to admit a dissenting teacher duly elected, ib.

to restore to the ministry of an endowed dissenting meeting-house, 800.

but not when expelled by majority of congregation, ib.

to swear in or restore a churchwarden, ib.

or a sexton, ib.

will issue on behalf of a candidate to commissioners of land tax to compel them to
proceed to elect a clerk, ib.

and if elected, lies to swear him in and admit him, ib.

will lie to the warden of a college to admit a chaplain, ib.

and to restore the schoolmaster of a grammar-school by the crown, ib.

to restore the master of a college, ib.

lies even to restore an usher of a grammar-school, ib.

and to compel visitor of a college to exercise his visitorial power by receiving and
hearing an appeal, ib.

in cases of doubtful elections mandamus issues to proceed to a new election, ib.
lies to restore party to office of master of a free-school, ib.

does not issue where party confessedly rightfully removed as regards merits, ih.
nor where suspension not equivalent to a removal, ib.

nor where the words shall and may are not obligatory but discretionary, ib.

nor to compel Archbishop of Canterbury to issue fiat for admission of a doctor of
laws as advocate of the Court of Arches, 801.

nor to the benchers of one of the inns of court to admit a person as a member or
student, ib.

nor to call him to the bar to enable him to practise as a barrister, ib.

nor to the college of physicians to examine a party, ib.

nor absolutely to admit an attorney, ib.

specific agreement to appoint to office of registrar of Consistory Court decreed,
Wheeler v. Trotter, 3 Swanst. Rep. 174.

OFFICES AND DIGNITIES, 221.

OPINION. See Arbitration.

when opinion of third person binding, 852.
when not, as to value, &c. 828 to 831.

ORCHARDS AND GARDENS, 177.

ORDERS.

will not in general be enforced by mandamus, 801.
but disobedience of them punished by indictment, ib.

OVERSEERS OF THE POOR.

mandamus lies to justices of the peace to nominate, ib.

and to appoint overseers in an extra-parochial place, ib.

or a separate hamlet, ib. or township, Rex v. Salop, 3 B. & Adolph. 910.

or when the present had been appointed on a Sunday, ib.

to preceding overseers to deliver over books to successors, ib.

or to the overseers to make a rate, ib.

rule for which is absolute in the first instance, ib.

lies to overseers and guardians to pass their accounts, ib.

to justices to swear an overseer to his accounts, ib.

to proceed to pass overseer's accounts, ib.

or to levy the balance, ib.

or to hear an appeal against his account, ib.

or a complaint against him for not paying over the balance, ib.
mandamus relating to poor-rate, 802, 803.

OUSTERS. See Index, First Part, tit. Ousters.

OUTHOUSES. See Index, First Part, tit. Outhouses.

apprehending when found in, under vagrant act, 622, 623.

OUTLAWRY.

when statute of limitations begins to operate, 761.
OWNERSHIP.

necessity of securing evidence of acts of, 455 to 457.
repealed acts within twenty years as to covenants, 757, 758.

OYSTER BEDS, 193.

how described in a conveyance, 4 B. & Cres. 485; 6 Dowl. & R. 536.
larcenies in, 193.

injunction to prevent injuries in, 726, note (o).

when mandamus lies to, 790, note (e), and Rex v. Martin in Fields, 3 B. & Adol. 907.
PARKS. See Deer.

injuries in, 222, 223.

PARLIAMENT, 264.

PAROL CONTRACT, 112, 124.

precautions in contracts of sale, 125.

PARTICULARS OF SALE.

of real estate, 295.

PARTITION.

conveyance by, 313.

PARTNERS. See Index, First Part, tit. Partners.
notices of dissolution, 443, note (s).

form of notice not to give credit to one, 443.
several other forms, 444 to 446, in notes.

PARTNERSHIP. See Partners.

steps to be taken in dissolution of, 443.

forms of notice of, 444 to 446. See Forms.

injunction against partners, 704.

proper use of joint property, stock, &c. secured by injunction, 813, note (ƒ), 814.
when or not specific performance of an agreement respecting, decreed, 850, 851.

PART PERFORMANCE.

effect of, in equity, 832.

should be charged in bill, 829, note (t).

PASTURES IN COMMON.

exclusive rights of, 182.

PATENTS.

injunction to prevent infringement of, 718.

PAYMENT AND PAYMENTS.

injunction to prevent improper payments, 715.

what takes case out of statute of limitations, 762, 763, 767, 768.

presumption of payment of specialty after twenty years, 769, and id. note (y).
when enforced or not by mandamus, 802, 791, note (m).

if a public debt or debts, may be, 802.

of a poor-rate, when due from corporation who have no goods, ib.
but in case of magistrate's order non-payment is to be indicted, ib.

when specifically decreed in equity, 858.

same where remedy at law doubtful, 860.

of a judgment when decreed out of surplus rents, 870.

PEACE OFFICERS. See Constable, Justices of Peace, Apprehension.
PENAL ACTIONS.

common informer cannot sue without express authority, 25, note (n).
limitation of, in 31 Eliz. c. 5, s. 5, 770, 771.

decisions thereon, ib.

other acts, ib.

construction of acts as to time, &c. 774.

penalties when to be proceeded for before justices, 784.

PENALTIES.

what are, or are stipulated damages, 871, 872.

when recovery thereof restrained in equity, 871.

PERFORMANCE, SPECIFIC, 141. See Specific Performance and Specific Relief.

PERMIT.

court will compel the delivery of a proper one by mandamus, 802.

PERMITTED NUISANCE.

notice to cease one, 570.

PERPETUITY, 243.

PERSONAL ACTIONS.

operation of statutes of limitations respecting, 760 to 774. See Limitations, Stat. of.
PERSONAL PROPERTY. See Index, First Part, tit. Personal Property.
precautions in purchasing or mortgaging same, 459, 460.

necessity for taking possession qualified, 460.

when party may himself defend without aid of legal assistance, 597.
homicide, where justifiable in defence of, ib.

when breach of contract relating to, prevented by injunction, 712, 713.

when specific performance of contract relating to, decreed, 822, 823, 712, 713,
and 852 to 860.

PERSONAL RIGHTS TO POSSESSION.

in property not tangible, as copyright, 98.
PERSONAL SECURITY, 32 to 47.

absolute in first instance, ib.

Jies to justices to make a rate in aid, after inquiring whether it be necessary, ib.
but not if other parish be within an exclusive jurisdiction, ib.

nor to make a rate assessing stock in trade and personal property, 802, 803.

it lies to justices to sign or allow a rate, 803.

and if two different rates, they will be compelled to elect which to sign, ib.

will not be issued to command overseers to collect the rate, ib.

yet it will, to compel the party rated to pay, at least when a corporation, ib.

it issues after refusal, to compel justice to summon a party, even a bishop, in
arrear, ib.

and if he show no cause, to issue his distress warrant, ib.

but not, if the liability be doubtful, ib.

nor to direct that certain persons be inserted in the rate, ib.
nor to regulate equality of assessment, ib.

PORTS AND HARBOURS, 200,

POSTMASTER-GENERAL.

no action lies against, for loss of bills, &c. stolen out of letters, 491.

POSSESSION. See Index to First Part, tit. Possession.

considered to be essential to take, of personalty, 102, 103, 107.

that doctrine qualified, 459, 460.

twenty years' possession of land when sufficient title in ejectment, 241, 274.
when even priority of possession a prima facie title, 274.

undisturbed possession or enjoyment of an easement, when or not conclusive, 284,
757, 758.

what is an adverse possession or not, 748 to 755. See tit. Adverse Possession.
demand of possession of land

POWER.

by a landlord, under 1 Geo. 4, c. 87. to determine permissive occupation, 573.
N.B. This would suffice to cause an actual ouster between tenant in
common, if he should refuse joint possession.

entry to avoid a fine, 575 to 577.

devise under, 364.

POWER OF ATTORNEY.

to make entry and avoid a fine, 573.
form of, 575.

PRECAUTIONARY MEASURES.

First. Before inception of an injury, 435 to 561.

I. Retainer of attorney, solicitor, proctor or agent, 435.

who to be retained or not, and upon what stipulation, 435, 436.

prudence of having questions, &c. stated and answered in writing, 436.

II. General observations on the expediency of, 437 to 440.

III. Securing evidence of the right or of the injury, 440.

IV. Independent of contract by giving notice, &c. 441.
1. Notice not to trust a wife, ib.

form of, when wife has absented herself, 442.

form of, where wife still resides with her husband, ib.

2. Notice not to trust a son or daughter, ib.

3. Notice of authority of agent having ceased, 443.
necessity of avoiding libellous expressions, ib.
form of notice, ib.

4. Notice of dissolution of partnership, ib.

form of public notice, ib.

form of private notice, 445.

or not to give credit to a partner, 443.

form of notice, 444.

form of notice by one partner to another of intention to dissolve
copartnership, pursuant to a power in deed for that purpose, 445.
the like, where partnership for indefinite time, ib.

form of notice in Gazette, that partnership will expire on a named
day, and a new firm continue the trade, ib.

form of notice in Gazette of dissolution of partnership as to one,
and of new firm, 446.

form of notice of dissolution, and that one partner will continue
trade, ib.

forms of notice of dissolution, and who to pay accounts, &c. ib.

5. Notice of bills or notes having been lost or obtained by fraud or
felony, ib.

necessity of immediate public notice, ib.

notice must not be too general or mislead, 447.

nor libellous or reflecting upon any particular person, ib.

should be left at police offices, &c. ib.

should be inserted in Gazette and newspapers, ib.
form of notice that bills obtained by fraud, &c. 448.
form of notice of forgery of acceptance or fraud, ib.

of felonious stealing or loss of bank notes, ib.
where bill for injunction has been filed, ib.
6. Notice of apprentice, &c. illegally absenting himself, 449.
form of notice, 450.

7. Notices not to trespass, ib.

suggested general form of notice not to trespass, 452.

separate notice after repeated trespasses, ib.

form of notice not to fish, ".