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A47718 The third part of the reports of severall excellent cases of law, argued and adjudged in the courts of law at Westminster in the time of the late Queen Elizabeth, from the first, to the five and thirtieth year of her reign collected by a learned professor of the law, William Leonard ... ; with alphabetical tables of the names of the cases, and of the matters contained in the book.; Reports and cases of law argued and adjudged in the courts at Westminster. Part 3 Leonard, William. 1686 (1686) Wing L1106; ESTC R19612 343,556 345

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awarded not good p. 100 Two Matters are in Issue the Jury find the one and says nothing to the other if a good Verdict p. 149 Where eating and drinking of the Jurors at their own charges doth not make the Verdict void otherwise if at the charges of any of the parties p. 267 Unity Of possession where shall extinct a Common p. 127 Usurpation Where puts the King out of possession where not p. 17 W. WAger of Law Where cannot be upon an Agreement that one Creditor be acquitted against the other for Debt p. 212 258 Warrants Of Attorny to acknowledge a Deed not good p. 84 Warranty Tenant in tail of an Advowson in gross grants the same in Fee a collateral Ancestor releaseth with Warranty a bar to the Issue p. 212 Wasts p. 7 60 What a sufficient Plea in it what not p. 9 Wills General words in a Will where not enlarge special words before in it p. 18 Words in a Will or Testament conditional where construed not to give tail by Implication Upon a Devise for three where the words of the Will shall be taken distributively and not jointly p. 117 Not to be taken by Implication p. 131 In a Will a thing implyed shall not control a thing expressed p. 167 Withernam Upon return of a Withernam if the Plaintiff tendereth the Damages he shall have a special Writ to restore his Chattel p. 236 Writs In a recovery upon a Writ in the Court of a Mannor the party who recovered in it cannot be put in possession with the Posse Comitatus p. 99 In the nature of a Scire Facias out of the Court of Admiralty to repeal Letters Patents of an Office is good p. 192 FINIS An Exact TABLE to the Three Parts of Reports of Mr. William Leonard And a Correction of divers Mistakes in Printing of Cases and other Matters in all the Three BOOKS A Denotes the first B the second and C the third Book A Abatement of Writs IF one of three Executors die pend brevi the Writ abates A. 44. Administrator sued as Executor may abate the Writ if the Administrat was committed before Action brought A. 69. A Feme sole Plaintiff takes Baron the Writ is not abated but abateable A. 168 169. If matter of Abatement appear in any part of the Record the Court after Judgment will reverse the Judgment A. 255. Action does not abate if the Defendant die after the first Judgment in Trespass and before the Return of the Writ of Enquiry A. 263. Death after Issue joyned no cause of Abatement in the Civil-Law A. 278. The Writ shall abate if it appear the Plaintiff cannot recover the thing in demand A. 333 334. In what Real Actions two Tenants may plead several Tenancy B. 8. It an Action shall abate after the Verdict if it appear to be brought before time A. 186 187. B. 20. Writ shall abate if the Feme be put before the Baron B. 59. Where upon pleading Joyntenancy or Villenage the Writ shall abate without any answer to the Pleas B. 161 162. Where a Writ shall abate Ex Officio Curiae B. 162. A Writ of Deceit not abated by the death of one Defendant C. 3. Abeyance In what Cases a Use may be in Abeyance B. 18. C. 21 22 23. The like of a Remainder B. 73. Acceptance Where the Issue of him in Remainder accepts the Rent of Tenant for life it is a good affirmance of his Estate A. 243. What Acceptance of Rent by Lessor shall bar him of his Re-entry for non-payment A. 262. The Acceptance of Rent by the Feme confirms the Lease of the Husband C. 271. The like by Issue in Tail of a Lease not warranted by the Statute C. 271. The like by an Infant at his full Age C. 271. The like of a Lease by a Predecessor and the Successor accepts the Rent C. 271. By the Wives Acceptance of Dower out of Lands exchanged she agrees to the Exchange C. 271. One disclaims and after the Lord accepts the Rent of the Tenant the Lord is barred of his right Sur Disclaimer C. 272. Pending a Cessavit Tenant aliened the Lord accepts Services from the Alienee he is barred C. 272. Accord and Concord No Bar if not executed A. 19. C. 212. Account Duresse a good Bar to it A. 13. Capias ad Comp. after a former executed A. 87. The power of Auditors A. 219. Of what things an Auditor by Deed may make Allowance A. 219. The power of an Auditor deputed by a private person A. 219. The difference of an Auditor deputed by Parol and by Deed A. 219. After Account and the Defendant found in Arrear and then the Defendant dies yet the Plaintiff shall recover A. 263. Lies not for the profits of Lands if the Defendant were in by Title A. 226. C. 24. If the Jury ought to assess Damages A. 302. B. 118 196. C. 150 192 230. What may be pleaded in Ear or must be pleaded in discharge before the Auditors B. 30 31 195. If a Factor account to one of many joynt Traders it is sufficient B. 75 76. If the Defendant plead that the Plaintiff gave him the Goods he must traverse that he was Bailiff to render account B. 195. If it lies against a meer Trespasser or wrongdoer C. 24. Where Account or an Action upon the Case lies against one who receives Mony to buy Cattle and does not buy them C. 38. In some Cases it lies against an Apprentice C. 62. Action upon the Case for Tort See Nusance Trover Slander For Erecting a Fould-course in disturbance of the Lord who had one by Prescription A. 11. By a Father against the Master of his Son for beating and laming his Son whereby he was disparaged in Marriage A. 50. Where it lies for malitiously indicting of Felony A. 107 108. Lies and not Trespass for pulling down Hurdles in a Market A. 108 109. Lies against an Under-Sheriff who took Mony to return but did not return a Summons A. 146. Against a Justice of Peace for Arresting one for Felony without accusation A. 187. Against a Mayor for not taking Bail to an Action A. 189. By Tenant in ancient Demesne for taking Goods for Toll A. 231 232. B. 190. By a Sheriff against a Prisoner who escaped out of Execution satisfaction being acknowledged A. 237. If it lies for retaining anothers hired Servant A. 240. Lies for a Tenant in Fee for a Nusance though he may have an Assise A. 247 273. Con. C. 13. If it lies for diverting a Mill-stream without Prescription A. 273. If it lies against a Justice of Peace for refusing to examine one who is Robbed A. 323 324. For conspiring with a Factor to cheat the Plaintiff who was a Joynt Trader with the Defendants in Account B. 75 76. For laying too much weight on a Floor which fell into the Plaintiffs Wares B. 93. An over-loading a borrowed Horse B. 104. By a Commoner for over-charging the Common with Conies B. 203. Against