V. Lex loci not applicable to remedy on. 6. Endorsee against the maker of a promissory note given in Connecticut, Lodge v. Phelps, 441. See vol. 1, p. 139, 140, n. (a.) CO-PARCENERS. Co-parceners may demise severally in ejectment. A mere servant or bailiff in Jackson, ex dem. Fitzroy v. Sample, 449. See vol. 1, p. 231. CORPORATION. Of their right to take the lands of Citizens for Corporate Where a special power is granted by statute affecting the property of indi- COSTS. I. Plaintiffs. 1. In debt. a. On bond conditioned for performance of Covenants. b. Recovery of £100 and interest as damages. 2. In Trespass. a. Assault and Battery-Certificate. b. Quare dom. fregit. 3. In actions by Executors. II. Defendants. 1. Against Attorney. Against Executor Plaintiff. III. In special cases. IV. On new trial. V. Certificate. VOL. III. 92 VI. Security for. VII. When they are a debt under the Insolvent Act. I. Plaintiffs. 1. In debt. a. On bond conditioned for performance of Covenants. 1. On a bond in the penalty of $500, conditioned to perform covenants; on Hodges v. Shufelt, 521. See vol. 2, p. 406, 407, n. (a.) b. Recovery of £100 and interest, as damages. 2. On a recovery of £100 of debt and interest by way of damages; held, 2. In Trespass. a. Assault and Battery-Certificate. 3. In assault and battery, a certificate to entitle the plaintiff to costs may be Vielle v. Towers, 444. See vol. 1, p. 221. b. Quare dom. fregit. 4. In trespass qu. dom. fregit, and for an assault and battery, and impreg- costs. 3. In actions by Executors. 5. Executors recovering under £10 in this court are not entitled to costs, Executors of Mahany v. Fuller, 489. See vol. 2, p. 209. II. Defendants. 1. Against Attorney. 6. Application for costs against plaintiffs' attorney denied; one of the lessors Jackson, ex dem. Lewis v. Powell, 482. See vol. 2, p. 67. 2. Against Executor Plaintiff. See Supra, I. 3. III. In special cases. 7. On a removal by habeas corpus, the plaintiff declared before the defendant Murray v. Smith, 431. See vol. 1, p. 105. IV. On new trial. See Dole v. Rensselaer, 458, vol. 1, p. 279. V. Certificate. 8. In an action of trespass, assault and battery, where the damages found by See Supra, I. 2, a. VI. Security for. 9. Security for costs denied, although it appeared that one of the plaintiffs VII. When they are a debt under the Insolvent Act. 10. Plaintiff, an insolvent, being discharged pending the suit, the accruing See Frost v. Carter, 449, and Light v. Strang, 543. Whitaker v. Cone, 501. VIII. Set-off of Judgment against. 11. On a recovery under £20, the defendant's costs were allowed to be set COSTS IN THE COURT OF ERRORS. No costs or damages given in this court in case of a reversal against the party Le Guen v. Gouverneur & Kemball, 605. See vol. 1, p. 436. COUNSELLOR AT LAW. Charge of Divulging Secrets of Client. To charge a counsellor at law with offering himself as a witness, in order to II. Common Pleas of Mandamus to. 1. Of the right to grant new trials. 2. Of Mandamus to. 3. Of their power to discharge Juries. IV. Oyer and Terminer. I. Justices. See JUSTICES' COURTS. II. Common Pleas of Mandamus to. 1. The Common Pleas is an inferior court, and a mandamus will lie to that People on pro. of Gephard v. Common Pleas of Delaware, 462. See vol. 1, p. 181, 184, n. (a.) III. General Sessions of the Peace. 1. Of the right to grant new trials. 2. The sessions have no power to grant a new trial in a case of felony. 2. Of Mandamus to. See Supra, II. 1. 3. Of their power to discharge Juries. 3. On an indictment for a misdemeanor as an inspector of an election, the jury were detained a long time, (— hours,) and several times retired People v. Denton, 505. See vol. 2, p. 275. 4. The court may dismiss a jury in a case of misdemeanor, where it appears The People v. Olcott, 512. See vol. 2, p. 301. IV. Of Oyer and Terminer-Practice. 4. After a conviction of perjury at the Dutchess oyer and terminer, and re- court. 5. Defendant was convicted of a nuisance in the oyer and terminer in West- The People v. Valentine, 460. See vol. 1, p. 336. COVENANT. I. Action of. 1. Where it lies. 2. By whom. 3. Against whom. II. Construction of. I. Action of. 1. Where it lies. 1. Executors are liable upon the express covenant of their testator, so long Ex'rs of Van Rensselaer v. Ex'rs of Platner, 475. See vol. 2, p. 17. 2. By whom. 2. An executor cannot recover rent acccrued after the testator's death upon |