NEW PROMISES AND ACKNOWLEDGMENTS- - Continued. Vermont, 219. Virginia, 220. Maryland, 221. Delaware, 222. North Carolina, 223. South Carolina, 224. Tennessee, 226. Illinois, 227. Missouri, 228. Alabama, 229. Bell v. Morrison, generally acknowledged as the leading authority, and the the conclusions established by before mentioned decisions, briefly stated, 231. return of a debt in an insolvent's petition, not a sufficient acknowledgment, 233. subsequent acknowledgment of contract broken, to do an act, of no avail, 234. an established distinction in respect to acknowledgment, between a promise conditional new promises and acknowledgments, 235 to 237. of no avail unless condition complied with or event happening, 235, 280. 236. same rule governs a new conditional promise, though made before the six indefinite new promises and acknowledgments, 238, 239. indefinite in respect to the particular debt, 238. indefinite as to amount of demand acknowledged, 339. in writing under the act of 9 Geo. IV. (c. 14), 270 to 284. the object to prevent fraud and perjury, and not to change the legal con- writing must be signed by the party, 272. debtor must be personally chargeable, 273. the act excludes mutual accounts unless in writing, 274. policy of the act how far adopted in Virginia, 280. in Massachusetts, Maine, Vermont, Michigan, 281. NON-FEASANCE, assumpsit lies for damages resulting from, 71, 136 to 142. See Process. NULLUM TEMPUS OCCURRIT REGI. the maxim considered, and its application in this country, to both the State and United States governments, 34 to 41. NULLUM TEMPUS OCCURRIT REGI- Continued. how far it extends to the agents of the State governments in this country, to the transferrees and agents of the United States, 40. NUISANCE. See Torts. OUSTER, See Adverse Possession. sometimes used for disseisin, 389. by one cotenant to another, 424. PART PAYMENT. as an acknowledgment or new promise, 240 to 247. payment of a smaller on account of a greater sum, evidence of a new also giving security for part, 240. or a negotiable note, 240. also payment of interest, 240. promise to pay when not inferred, 240. credit given for interest, same as money paid, 240. indorsements of payment must be bonâ fide, 241. or with the privity of the debtor, 241. what sufficient evidence of a bona fide indorsement, 242. statement in the declaration of part payment by defendant, of no avail, 243. oral admission of part payment, 244. must appear that the payment was on account of the demand in suit, 244. delivery of goods in part payment, 247. as to part payment under the Act of 9 Geo. IV. (c. 14), 275 to 289. PARTNERSHIP. See Co-contractors. PAWN. See Trust. PLEADING. of pleading the statute in actions ex contractu, 285 to 297. settled that statute must be pleaded, and why, 285. the plea of non accrevit, &c., why preferable to the plea of non assumpsit, in the case of a new promise or acknowledgment the declaration is on the so if made to or by an executor, 289. replication to plea of non assumpsit, &c. 290. fraud must be specially replied to, 292. so the exception of accounts between merchants, 292. non accrevit, &c., proper in actions of debt, 293. And see Debt. pleading the statute in Equity, 394 to 397. whether the bill may be demurred to, or whether statute must be pleaded, in cases where fraud is charged in the bill, 396. pleading the statute in actions, upon torts, 309, 310. And see Torts. POSSESSION. See Prescription Land. as in general evidence of title, 3 to 10. And see Adverse Possession. PROCESS. judicial, considered, 311 to 332. what is the commencement of, in England, 311. in this country, the suing out of the writ, 312. and not the service, if the bona fide intention be to have the writ served, 312. where the writ is forwarded by mail to the officer, 313. where the writ is directed to the sheriff of a county in which defendant date of writ not conclusive as to the time when taken out, 315. filing of a claim in set-off, equivalent to the commencement of an action, 316. where writ issues against two and served only upon one, 317. continuances, rule as to, in England, 318. and in this country, 318 to 321. when judgment is reversed, how and when a new action may be com- cases included by construction within the provision of the statute respect- new action may be commenced in case of abatement of suit, by the death no exception to the running of the statute in case of a voluntary abandon- as in case of abatement of suit by marriage of feme sole, 327. in case of nonsuit, no new action can be commenced after six years ex- the effect of a written chancery as to preserving the right to an action at PROCESS- Continued. what is the commencement of a suit in equity, 330. effect of bill filed by one creditor in behalf of himself and others, 331. a proceeding at law, does not, in case of nonsuit, preserve the right to one PRESCRIPTION, defined as synonymous with limitation of actions, 1. of two kinds, 2. as applied to rights and titles, 1 to 6. to remedies, 7. history of, 8, 9. founded on public policy, 9. on private justice, 10. as applied to corporeal and incorporeal hereditaments, 4. importance of, as to land titles, 9. under the Jewish law, 8. Grecian, 8. Roman, 8. Modern continental, 8. Scotland, 8. Hindoo, 8, note. of title to land, 3 to 6. principle and importance of, 3 to 6, 11. presumption of payment, 11, 78, 159, 171, 172. PROMISSORY NOTES AND BILLS OF EXCHANGE. though a note be secured by a mortgage, it remains still a simple contract, of the currency of the statute upon, 95 to 199. statute runs from the time of the falling due of a note, against the payment where goods are sold on a term of credit, and payment to be then made by statute runs on a note, though the maker assign his property to creditors, 102. where note is not to be delivered to payee, before the performance of a effect of an agreement between maker and payee, 104. bill or note for money before lent, 105. notes sold before due, under misrepresentation of payee, 106. law as to the limitation of notes witnessed in Massachusetts, 107. in Maine, 108. And see Usury. suits against notaries, for neglect in charging indorsers, 138. statute runs from date when on demand, 95. though payable with interest, 95. or if not, to draw interest during the life of the promisor, 95. PROMISSORY NOTES AND BILLS OF EXCHANGE—Continued. a receipt for money like a note on demand, 95. notes payable after demand, demand is necessary, and the time runs only but demand must be made within a reasonable time, and what is, 96. on notes and bills, "after sight," or "after notice," statute runs from pre- but presentment and notice must be in a reasonable time, and what is, 97. payable at a particular place, presentment must be made at that place, 98. REAL PROPERTY, See Land. the time of payment by an accommodation acceptor, 100. considered in connection with real actions, 333 to 337. REPLEVIN. See Torts. REAL ACTIONS. See Writ of Right, Formedon, Entry, Dower. still retained in this country, though abolished in England, 333 to 339. in disuse in England before abolished, 334. abolition of, by statute of 3 and 4 Will. IV. (c. 27), 336. writs of dower and quare impedit only retained, 336. reasons assigned for abolition of real actions in England, 337. in what States abolished in this country, 339. not much resorted to where in force, 339. in force in the States which were colonies, unless expressly abolished, 339. but mode of proceeding in, simplified, 340. are designated and limited in reference to the interest claimed, 341. and between possessory and ancestral possessory, 341. how limited before the statute 32 Hen. VIII., and how by that statute, 342. law of limitation of, as established in England before the statute of 3 and 4 SET-OFF. See Mutual Accounts. a demand barred cannot be set off, 74, 75. unless in cases of mutual accounts, 75, 144. filing of a claim in set-off, equivalent to the commencement of an action to SEISIN. the meaning of, 386. Coke's quaint explanation of, id. note. |