INDEX.

ABATEMENT,

plea in, of the pendency of prior action, 15
quasi puis darrien continuance, effect of, 73
for non-joinder, 33, 82

effect of non pros,

68

verdict in second action after, 33, 82
cassetur breve entered to, 14

demurrer to, 7, 72

statute relating to, 184

issue of nul tiel record on pleadings in, 72

misnomer not to be pleaded in, 184

personal, 7

where maintainable, 6

commencement of, 10

when plaintiff entitled to costs, 7, 26-39
pauper plaintiff entitled, 7

on a judgment in former action, 29, 170
only one judgment, as to costs in, 4

in assumpsit,

common counts, 65

general issue in, 25

barred by statute, 33
subsequent acknowledg-
ment, ib.

debt on simple contract,
common counts, 65
for sum under 20., 30

ejectment, 34

penal,

when judgment to remain, ib.

heir sued on, false plea by, 36
devisee sued on, ib.

by inferior tradesman, &c. 28
plea justifying battery, 26, 29
putting freehold, &c. in issue,
26, 27

one of several defendants acquitted,32
less than 40s. recovered, 26

29

for malicious injury to property,
quare clausum fregit for mesne profits,

125

statutes relating to, 146, 152
for seizure under custom laws, 29

for injury to reversionary interest, 86
scandalous words, 29

waste, 86, 153

under Recovery of Tenements Act,
25, 32

by husband for injury to wife, 25
patentee for infringement of pa-
tent, 30, 191

notice of objections, 16

nominal plaintiff nonsuited, ib.

costs, on verdict for lessor of the plain-
tiff, ib.

writ of right of dower, &c. 4

quare impedit, 4, 5

by common informers, 7

verdict for defendant, costs in, 57

by executor or administrator, 31

against executor, &c. for wrong done by testator,36

testator's lands bona fide aliened, 37

plea by, if false, 36

payment or release, ib.

infant, 34

APPLICATION

ARBITRATION,

against the settled practice, 105
speculative, or against master's report, ib.
renewed, costs of former not paid, ib.
under Interpleader Act, ib. 106

to stay proceedings after verdict, 38
judge at chambers, 98

power of arbitrator over the costs, 90

when a cause in court, ib.

to compel the attendance of witnesses,
189

where costs to abide the event, 90
several issues, ib. 91

over costs of the reference, 91

costs of the award or certificate,ib.

award, when judgment may be signed under, ib.

under 20., certificate of judge for higher scale of

costs, 30, 52

motion to set aside, ib.

if out of time or rule dis-
charged, 91

set aside and a second trial had, ib.

for the benefit of unsuccessful party alone, 91
must contain finding on each issue, 33

ARREST, and see Execution.

proceedings on, 12

by order of a judge, ib.

defendant when entitled to discharge from, ib. 59, 125

statute relating to, 194

when indorsement of time of, should be made, 12

deposit under 43 Geo. 3, c. 46, ib.

when to be paid into court, 13

proceedings after deposit made, ib.

in case of irregularity, 59

application to court, &c. to set aside, 59, 101, 125
how affected by demand of particulars, ib.
on the ground of privilege, 125

of married woman, application to discharge, 60

for more than recovered, 125

when there was no intention of absconding; ib.
for more than due, depriving plaintiff of costs, 83
defendant discharged, defective affida-
vit, 84

ARREST OF JUDGMENT,

how costs are affected by, 43, 83

where costs have been levied, 83

ASSUMPSIT. See Actions.

ATTACHMENT, WRIT OF,

mode of proceeding to obtain, 108, 109
costs demanded and by whom, 109
by undersheriff, i6.

when filed, 108

death of party to whom payable, 110

returnable, ib.

indorsement of, ib.
to issue de novo, ib.

against sheriff, 101

set aside on terms, 12, 101

witness for non attendance, ib. 107
not producing papers, 107

husband only, wife a party suing, 110
other person, 101, 102

against coroner, 108

to whom directed, ib.

directed to lie in the office, 102, 109

rule for, proceedings on, 108

when discharged, 104

death of party in whose favour granted, 108
another rule to whom granted, ib.

where party privileged from arrest, 109

quasi criminal matter, ib.

money demand, ib.

bail bond, taken in, 109

ATTORNEY,

costs of, ib.

if not inrolled, cannot sue for fees, 91
authority of, to what it extends, 97
duration of, ib.

when he may be changed, and how, ib.

upon what terms, ib.

practising without certificate, 168

right to sue in superior courts, 26

bill of costs,

not affected by courts of request, ib.

delivery of, power of courts to order, 91, 97

from what derived, 92
to what it extends, ib

does not ex-

tend, ib.