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TABLE OF CONTENTS.
BOOK I.
The courts of common law at Westminster, and the judges
and officers thereof.
CHAPTER I.
The courts and their jurisdiction, sittings, &c.
Their jurisdiction, 1;-the terms, 2;-proceedings in va-
cation 3-sittings in hanc in vacation, 4;—nolidays,
4;-computation of time, 4;-term's notice, where re-
quired, and how given, 5;-who may practice in these
courts, 6.
CHAPTER II.
The judges.
The judges, 7;—at nisi prius, 7;-at chambers, 7;—
on circuit, 8;-their authority to make general rules, 8.
CHAPTER III.
The immediate officers of these courts.
The masters, 9;-the marshal, 10;-commissioners, 11;
fees of the officers of the court, 11-19;-office hours,
20;-holidays in the offices, 20.
CHAPTER IV.
Sheriffs.
SECT. I. Sheriffs, their deputies and duties, 21:-sheriffs, 21;
-undersheriffs, 21;-sheriffs' deputies, 21;—
sheriffs' officers, 21;-duties of sheriffs and their
officers, 22.
II. Sheriffs' poundage, and their officers' fees, 22:-
sheriffs' poundage, 22;-officers' fees, 23-27.
III. Proceedings by and against sheriffs, 27 :-actions
by them, 27;-actions against them, 28;-rule
to return a writ of mesne process, 29;-return
thereto, 30;-rule to bring in the body, 31;—
rule to return a writ of execution, 33;-attach-
ment for not returning a writ or not bringing in
the body, 35;-attachment, when and on what
terms set aside, 38.
CHAPTER V.
Attornies.
SECT. I. Articled clerks, 41.
1. Binding and service, 41 ;-in what cases, 41;
who may take articled clerks, 42;-the
articles, 43;-service, 44.
2. Examination, 47 :- :-
3. Admission, 50:-notice of intention to apply
for it, 50;-swearing, admission, &c. 53.
II. Attorney, 56.
1. His certificate, privileges, &c., 56:-certifi-
cate, 56;-entry of the name, &c. in the
book at the master's office, 58;-certificate,
after default made in taking it out for a
year, 59;-admission in other courts, 62;-
unqualified persons acting, 63;-attorney,
prisoner, 65;-privileges of attornies, 66.
2. Their employment and duties, 68 :-suing and
defending by attorney, 68;-change of at-
torney, 70;-service of rules, notices, &c.
upon attornies, where and when, 71;-
clients, how far bound by their acts, 72 ;-
their undertakings, 72.
3. Remedy of attornies for costs, 73:-delivery
of their bill, 73;-action, 76;-their lien
for costs, 79;-lien of agents, 83;—taxa-
tion of costs, 83;-costs of taxation, 89.
4. Punishment of attornies for misconduct, 91:-
for indictable offences, 92;-for culpable
misfeazance, as an attorney, 93;-gross
negligence or ignorance, &c., 94;-cul-
pable nonfeazance, 96;-the motion, &c.,
96a;-striking an attorney off the roll, at
his own request, 96c.
III. Agents to attornies, 96c:-their duties, &c., 96c.
BOOK II.
Proceedings in actions generally.
Limitation of action.
Limitation of action, what, 97;-process sued out, &c., to
save the statute, 98.
Process and other proceedings in the action, to declaration.
SECT. I. Writ of summons, 100:-in what cases, 100;-how
directed, 101;-teste and duration of the writ,
102;-cause of action, &c., 103;-how indorsed,
103;-how sued out, &c., 106;-how served,
106;-alias and pluries writs, 108;-defects in
the writ, how taken advantage of, 109.
II. Distringas, 110:-in what cases, 110;-how sued
out, 113;-teste and return of the writ, 113;-
how indorsed, 113;-defects in the writ, how
taken advantage of, 113;-how executed, and
proceedings thereon, 114.
III. Appearance, 115:-by defendant, 116;-by plain-
tiff for defendant, 116;-after a distringas, 118.
IV. Outlawry, 119.
1. In what cases, 119:-process, 119;-exigi
facias, 120;-writ of proclamations, 121;
-sheriff's return, 122;-capias utlagatum,
122.
2. Outlawry upon final process, 123.
3. Reversal of outlawry, 123 :-upon motion,
123;-by writ of error, 124.
V. Writ of capias, 125.
1. In what cases a defendant may be holden to
bail, 125;-in what actions, 126;-in as-
sumpsit, 126;-debt, 127;- covenant,
128;-detinue, trespass, case, trover, 128;
-in actions by persons in autre droit, 130;
for what amount of debt, a party may be
holden to bail, 130;-who may be holden
to bail, 132;-not the royal family, &c.,
132;-in what cases their domestics, 132,
133;-not peers or peeresses, 133;-
nor members of parliament, 133;-not
ambassadors or their domestics, 133;-
not attornies, in what cases, 134;-bank-
rupt or insolvent, 135;-executor, &c.,
136;-feme covert, 136;-infant, 137 ;-
lunatic, 137;-soldiers and seamen, 137;
-in second action for the same cause, 137.
2. The affidavit, 141-title, 141;-deponent's
addition, 141;-names of parties, 142 ;-
statement of the debt, 143 ;-statement
that defendant is going abroad, 146;-ju-
rat, 147;—when to be made, 147;--where
made, 147;-by whom, 147;-- before
whom sworn, 148;-discharge of defend-
ant, when, &c. for a defect in the affidavit,
149.
3. The capias, 151-how directed, 151;-teste
and duration of the writ, 153;-names
and descriptions of the parties, 153;—
cause of action, &c., 155;-how indorsed,
155;-how sued out, &c., 157;—alias and
pluries writs, 159;-defects in the writ,
how taken advantage of, 160.
SECT. VI. The arrest, 161 :—warrant, 161;-arrest, 161 ;—
privilege from arrest, 163;-taking to prison,
165; detainer, 165.
VII. Bail bond, &c., 168.
1. Bail bond, 168 :-the bond, 169 ;--forfeiture
and assignment of it, 169; action, 170 ;-
bail discharged, how and in what cases,
170;-regular proceedings set aside, on
payment of costs, 172;-bond in what
cases to stand as a security, 174.
2. Deposit with the sheriff, 175.
VIII. Bail, 176.
1. Special bail in town causes, 176 :-putting in,
176;-notice of bail, 178;-(ordinary
notice, 178;-notice when accompanied
by affidavit of sufficiency, 181;-notice of
putting in and justifying at the same time,
183;)-exception and notice thereof, 183;
-adding bail, 185;-justification, in what
cases, where, &c., 186;-notice of justifi-
cation, 187;-opposing the justification,
and grounds thereof, 189;-further time, rejection, allowance, 191;-costs, 193.
2. Country bail, 194-when and how put in,
195;-affidavit of justification, 195;-
affidavit of caption, 196 ;-notice of bail,
196; exception and notice thereof, 197;
-justification, 197.
3. Bail by prisoners, 197.
4. Deposit of money in lieu of special bail, 199:-
when and how paid in, 199;-when and
in what cases taken out by plaintiff, 200;
-when by defendant, 200.
5. Proceedings against bail, 201-ca. sa. against
the principal, 201;-scire facias, 204 ;-
action of debt, 204.
6. In what cases bail discharged, 205.
7. Render in discharge of bail, 208 :- - in
what cases, 208;-within what time,
209;-(time enlarged, when, 211);-by
whom and how, 212;-Render to the
county gaol, in what cases, 214; when
and how, 214.
SECT. IX. Proceedings against traders subject to the bankrupt
laws, 215-affidavit, 215;-bond, how dis-
charged, 216.
X. Removal of causes from inferior courts, 217.
1. Before judgment, 217:-in what cases, 217;
-in what cases not, 217;-return of the
writ, 218;-appearance, 218;-declara-
tion, &c., 219.
2. Removal of causes after judgment, 219-by
writ of error, &c., 219;-for the purpose
of execution, 219.
Proceedings from declaration to plea.
SECT. I. Declaration, 221.
1. Form of it, 221-the commencement, 221.
Notice to plead indorsed, 223. Striking
out counts, 223.
2. When to declare, 224;-declaration de bene
esse, 224.
3. How to declare, 225 :-notice of declaration,
226;-particulars of demand annexed, 227.
4. Irregularities in declaration, how and when
objected to, 227.