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Powers, revocation and appointment, 1924.

differ from trusts, 1922.
by what words created, 1938.
for what object created, 1939.
incidents to, 1940.
execution of, 1941.
mode of execution of, 1944.
extent of the execution of, 1945.
restraining, 1932.
enabling, 1932.
relative, 1934.

appendant, 1934.

in gross, 1934.
collateral, 1935.
how created, 1936.
by what instrument created, 1937.

of executors, 2186.
Power of appointment, general, 1926.

particular, 1926.
execution of, 1927.
illusory, 1927.
naked, 1931.

coupled with an interest, 1931.
effect of mistakes in the execution of, 3837.

difference between defective execution and non-execution of a, 3837.
Power of attorney, 893.
Prayer of a bill for relief, 4177.

of a bill for process, 4181.
Precatory words, effect of, 3957.
Precautions to be adopted before the commencement of an action, 2416.
Precedent condition, what, 742.
Precedent binding in equity, 3725.
Preceptive statutes, 108.
Precludi non, what, 2973.

when proper, 2977.
Premises of a deed, what, 2034.
Premises of a bill, what, 4162.
Premium, what, 1199.

why so called, 1199.
Prescription, what, 2192.

title by, 2192.
positive, what, 2193.
negative, what, 2194.
general rules relating to, 2195.
origin of the right of, 2195.
conditions requisite to a, 2196.
time to gain a title by, 2198.
what things can be gained by, 2199.
parties to a, 2200.
right by which to claim a, 2203.

gained by act of limitations, 2202.
Presence, what is, 2136.

constructive, 2136.
Presentment of a bill, 1153.

to whom, 1154.
where, 1155.
when, 1156.

excuses for not making a, 1157.
President of U. S., by whom elected, 61.

qualification, 62.
term of his office, 63.
time of his election, 63.
powers and duties of, 65.

which he exercises alone, 66.
which he exercises with congress, 67.

which he exercises with senate, 68.
not bound to disclose state secrets, 3219.
Press, liberty of the, 214.

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a

a

Presumptions, what, 3063.

legal, 3064.
conclusive, 3065.
inconclusive, 3067.
of fact, 3067.
of law, 3064.

of payment after twenty years, 868.
Prêt à usage, what, 1078.
Price, what, 927.
requisites of, 928.

must be serious, 928.
must be certain, 929.

must be paid in money, 930.
of goods lost, how ascertained, 1224.
of hiring, when requiring, 990.
essential to a sale, 636.
how stated in a declaration, 2873.

difference between value and, 2873, n.
Primary 'obligation, what, 702.
Primary evidence, what, 3057.
Princes, effect of detention by, 1218.
Principal contract, what, 702.
Principal debtor, who is a, 1385.

who may be, 1273, 1385.
Principal obligations of,'1385, 1421.

there is no surety unless there is a, 1385.
Principal in agency, who is a, 1269.

numbers of, 1274.
when to join with agent in a suit in equity, 4042.
when not to join, 4042.
and agent, fraud between, 3868.
when civilly liable for agent's acts, 1337.
when civilly liable for sub-agent's acts, 1337.
right of, to sue, 2663.
rights of, 1324.

against agent, 1325.

against third persons, 1328.
liabilities of, 1331.

to his agent, 1332.

to third persons, 1335.
bound by delay, when, 1313.
Prisoner, effect of contract made by a, 583.

service of writ on, 4192.
Private corporations, what, 184.
Private right of way, what, 1634.

requisites of, 1634.
how established, 1635.
how used, 1636.

is an appurtenance, 1637.
Private sale, what, 977.
Private statutes, what, 105.
Private writings, how proved, 3129.

production of, 3121.

effect of, 3136.
Private charity, what, 3983.
Privateers, what, 556.

rights of, 556.
Privies, who are, 3102.

how far bound, 3102.

when to sue out writ of error, 3325.
Privilege, what, 2799.

absolute, 2800.
limited, 2801.
of ambassadors, 2800.
of bankrupts, 2800.
of insolvents, 2800.
of executors, 2800.
of members of congress, 2801.

Privilege of electors, 2801.

of militia men, 2801.
of parties attending court, 2801.
of ambassadors cannot be waived, 2229.
from arrest, when there is a, 2269, 3384.
of defendant, wbat, 2899.

not to be sued, who entitled to, 722.
Privity required to recover in assumpsit, 3439.

effect of, 2068.
of contract, when an account lies on, 3942.
demurrer for want of, 4259.
persons who have no, not to be parties, 4089.
between parties, effect of, 3667.
effect of termination of, 3667.
how proved, 3667.
effect of want of, between parties, 4237.

how created, 4237.
Prize, what, 554.

who may make a, 555.
what may be captured as a, 559.
in what place to be made, 562.
condemnation of, 566.
suits, jurisdiction of district court in, 2622.
courts, jurisdiction of, 567.

court, what, 2622, n.
Pro confesso, taking bills, 4201, 4442.
Pro retorno habendo, judgment, 3584.
Probable cause, what, 2269, 3507.

always presumed, 2269.

what is want of, 2269.
Probate of a will, what is, 2184.

effect of, 2184, 4333.
Probity is the base of eloquence, 3247.
Procedendo, when proper, 3367.
Proceedings in an action, 2789.

at law, when stayed by injunction, 3791.
Process, what, 2790.

original, 2791.
mesne, 2791.
final, 2791.
judicial, 2791.
by what authority issued, 2792.
how sued out, 2793.
how served, 2794.
how returned, 2794.
kinds of, 2796.
effect of regular, 3490.
effect of irregular, 3491.
regular, 2270, 2277.
when wholly void, effect of, 2277, 2279.
when misapplied, 2277, 2279.
effect of misapplying, 2229.
resistance to, when justified, 2229.
consequence of misapplying, 3593.
what is abuse of, 3593.

of contempt, what, 4194.
Prochein ami, power to bind infant, 346.

cannot give a release, 3203.

may file a bill in equity, 4033.
Proctor, who is a, 1280, 2417, 2582.
Product, what, 2468.
Præcipe, what, 2793.
Præmium pudititiæ, what, 3857.
Profert in curiâ, when to be made, 2866, 2888.

required at law, 3828.

not necessary in equity, 3828.
Professional men, how chosen, 2417.
Profits, what, 2378.

a

Profits à prendre, 1601, 2378.
Profits rendre, 1601, 2378.
Profits of partnership, community of, 1456.

how divided, 1463.

when the subject of a partnership, 1500.
Prohibition, when writ of, to be sued, 2569.
Prohibitive statutes, what, 109.
Promise, what is a collateral, 913.
Promise avoids the bar of the statute of limitations, 866.
Promise of marriage need not be in writing, 915.
Promissory note, 1129–1173.

what, 1129.
parties to, 1130.
requisites of, 1131.
form of, 1132.
negotiability of, 1133.
indorsement of, 1137–1142.

protest of, 1168.
Promissory representation, what, 1213.
Promissory warranty, what, 1212.
Promissory covenants, what, 2045.
Promulgation of laws, what, 80.
Promutuum, what, 1125.

resembles a mutuum, 1126.
Proof, what, 3053.
Proof of marriage, what is, 262.
Proof of filiation, 311.
Proof against filiation, 318.
Proof must be confined to the issue, 4416.
Property, what, 417, 455, 2126

analysis of, 456.
perfect, 461.
imperfect, 461.
personal, 462.
tangible, 467.
not tangible, 478.
movable, 462.
absolute, in possession, 468.
qualified, 475.
difference between possession and, 458.
difference between domain and, 457.
difference between real and, 447.
difference between things and, 417.
right of, 216.
origin of the right to, 452.
what things are the objects of, 421.
literary, what, 509.
in unpublished works, 510.
possession separated from, 453.
changed by an abandonment, 1221.
changed by a sale, 939.
what, may be devised, 2126.
what, cannot be devised, 2126.
injuries to personal, 2301.
illegal taking of, 2303.
embezzlement of, 2304.
what is damage to personal, 2306.
when transferred by judgment, 1560.

bond, what, 3558.
Propter affectum, challenge, 3043.

defectum, 3043.

delictum, 3043.
Prospective law, 116.
Prostitution, letting a house for the purpose of, effect of, 771.
Protection due by parents to children, 285.
Protest of a bill, what, 1168.

Protest in pleading, when proper, 2981.

Protestando, what, 2981.

kinds of, 2981.
Protestation, effect of, 4272.
Protestation to a plea, use of, 4294.
Prout patet per recordum, when proper, 2929.

origin of, 2929, n.
Proviso, meaning of, 735.
Public, meaning of the term, 3072.
Public agents, powers of, 1292.

liabilities of, 1292
Public books, when evidence, 3107.
Public charity, what, 3983.
Public corporations, what, 183.
Public decorum, how preserved, 2226.
Public documents, when evidence, 8096.
Public duty, injuries for breach of, 2742.
Public good, battery may be justified for the, 2220.
Public justice, contract against, void, 3858.
Public lands, how surveyed, 2091.

how sold, 2091.
Public, no prescription can be acquired against the, 2202.
Public policy, what are contracts against, 3854.

contracts against, are void, 607.

equity will not support an action against, 4250.
Public sale, what, 976.
Public statutes, what, 104.
Public things, what, 425.
Public trust, contract in violation of, void, 3858.
Public verdict, what, 3262.
Public ways, what, 1629. See Ways.

how used, 1632.

kinds of, 1633.
Public passage, what, 1633.
Public quay, what, 1633.
Publication of evidence in chancery, what, 4435.

of laws, what, 80.
of letters, when forbidden, 3789.
of a libel, what, 2244.

how made, 2244.

must be malicious, 2245.
of slander, how made, 2258.
of notice of dissolution, effect of, 1514.
of a will, what, 2137.

how made, 2244
of works, how made, 511.

by acting, 512.

by reciting, 512.
Publisher, when liable for acts of his servant, 2299.
Puis darrein continuance, pleas, 3018.
Pur autre vie, what, 1714.
Pur cause de vicinage, common, 1653.
Purchase money, who is bound to see to the application of, 3950.

when a lien, 3963.
Purchase with notice of prior title, effect of, 3877.
Purchase for a valuable consideration, effect of, 4340.
Purchaser for a valuable consideration, rights of, 2014.
Pure pleas, what, 4278, 4328.

requisites of, 4280.
Purpresture, what, 2386, 3802.
Putative father, duties of, 288.

Q.
Quæ est eadem, use of in pleading, 2964.
Quæ sata solo cedere intelliguntur, maxim of, 1572.
Qualification of president, 62.

senators, 46.

members of house of representatives, 56.
VOL. II.-4 W

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