63; Pulcifer’ vy. Page, 82 Me. 404, 54 Am

321; Lemons y. Wells, 78 Ky. 117; Mayrant v. Richardson, 1 Nott & McC. 347, 9 Am.

503; McCourt v. People, 64 N. Y. 585.

467. It has been said from the bench that

254, 34 Atl. 30.—Monocy counts. A species of common counts, so called from the subject-matter of them; embracing the indebitatus assumpsit count for money lent and advanced, for money paid and expended. and for money had and received, together with the insimui computassent count, or count for mone due on an account stated. 1 Burrill. Pr. 13 e counts. Where a plaintiff has several distinct causes of action, he ia allowed to pursue them cumulatively in the same action, subject to certain rules which the law prescribes. Wharton—Special count. As opposed to the common counts, in pleading, a special count is a statement of the actual facts of the particular case, or a count in which the plaintiff's claim is set forth with all néeded particularity. Wertheim v. Casualty Co., 72 Vt. 826, 47 Arcl. 1071.

523: Com. v. Barney, 10 Cush. (\Mass.) 4%0; Derrickson v. Edwards, 29 N. J. Law, 474. 30 Am. Dec. 220.

195, 33 Atl. 978; State v. Scott, 39 La.

145.

248.

195; -Ap al of eae 105 Pa. 155 ;. State Vv. Easterlin, 1S. C. 71, 39 8. E. 250.

61; Evans vy. Lincoln Co., 204 Pa. 448, 54 Atl. 821. The taking of beasts or other personal property by way of pledge, to enforce the performance of something due from the party distrained upon. 8 Bl. Comm. 231. The taking of a defendant’s goods, in order to compel an appearance in court. Id. 280; 3 Steph. Comm. 361, 363. The seizure of personal property to enforce payment of taxes, to be followed by its public sale if the taxes are not voluntarily paid. Marshall v. Wadsworth, 64 N. H. 386, 10 Atl. 685. Also the thing taken by distraining, that which is seized to procnre satisfaction. And in old Scotch Jaw, a pledge taken by the sheriff from those attending fairs or markets, to secure their good behavior, and returnable to them at the close of the fair or market if they had been guilty of no wrong.

413. —Eaves-drip. The drip or dropping of water from the eaves of a house on the land of an adjacent owner; the easement of having the water so drip, or the servitude of submitting to such drip; the same as the stillicidium of the Roman law. See STILLICIDIUM.

488, 27 Atl. 529; Richman v. Baldwin, 21 . J. Law, 408; Raflroad Co. v. Perdue,

349.—Exzecutor lucratus. An executor who has assets of his testator who in his lifetime made himself liable by a wrongful interference with the property of another. 6 Jur. (N. 8S.) 543.—General executor. One whose power is not limited either territorially or as to the duration or subject of his trust—Joint executors. Co-executors; two or more who

418, 69 Am: Dec. 69.

160.

502.—Malice aforethoucht. In the definition of ‘“‘murder,” malice aforethought exists where the person doing the act which caus-

117, 44 Atl. 364; Placard v. State, 148 Ind.

395, 34 Atl. 180; Brower v. Bowers, 1

39L

250; Belden v. Perkins, 78 Ill. 452; Wilcox v. Jackson, 7 Colo. 521; 4 Pac. 966; Gloucester Bank v. Worcester, 10: Pick. ‘(Mass.) 531; LilNenthal: v. Ballou, 125 Gal. °183, 5?

152; Armour Bros. Banking Co. v. Addington, 1 Ind. T. 304, 37 8S. W. 100. "