INDEX.

A.

ABANDONING pleadings, 180; abandoning judgment, 703, 704; abandoned
possession of premises, what is, 770. See further, "Waiver."

Abatement of suit by death, 1178, 1182, see "Death;" by bankruptcy, 825,
826, see "Bankrupt."

Abatement, Pleas in.

For non-joinder, 651.
For misnomer, 652.

Of privilege of attornies, 653.

Parol demurrer, 653.

In ejectment, &c., 653.

The plea, when and how pleaded, 653, 655.

Affidavit of truth, &c., 654.

Amendment of, 655.

Replication, demurrer to, &c., 655. ·

Cassetur breve, 656.

Issue, &c., 656.

which party to begin on trial, 268.

Judgment on, 656.

Costs on, 656.

Subsequent proceedings, 658; time for pleading, after, 657; entry of
proceedings in second issue, 657; declaration in second action,
657, 651.

Abatement of writ of error, 354.

Abbreviations in attorney's bill, what allowed, 73.

Abode. See "Residence."

Absconding of tenant, service of declaration in ejectment in case of, 740.
Absence of witness, &c., new trial for, 1093; of counsel, &c., 1092.

Absolute rules, 1184, 1195. See "Rules and Motions.”

Absolutely, declaring so, 136.

Accedas ad curiam, 795; proceedings on, &c., 795.

Accepting of bail, 583; of issue, 202, 1048.

Account books, proof by entries, &c., in, 229.

Act of parliament. See" Statutes."

Act of state, proof of, 224.

Actio personalis moritur cum personâ, 1178.

Action, in what actions defendant may be held to bail, 480; statement of cause
of, in affidavit of debt, 486; statement of, in writ, 106, 516.

Adding bail, 589.

Adding pleas, 182.

Addition of parties, in writ of summons, 106; in writ of capias, 514; indorse-
ment of on ca. sa., 451.

Addition of bail in bail-piece, 579.

Addition of deponent in affidavit, 1212.

Adjournment day, notice of trial for, &c., 206; adjournment of execution of

inquiry by sheriff, 717.

Administration, how proved, 221.

Administrators, actions by and against, &c., 874. See "Executor."
Admiralty, proceedings in, how proved, 221.

Admission of an attorney, 29 to 33.

Admission of guardian, &c., to prosecute, &c., for infants, 889.

Admission to sue in formâ pauperis, 918.

Admission notice, &c., to admit a document, &c., in evidence, 213.

Admission into prison, right of public to, &c., 863.

Adverse claims, 999. See" Interpleader."

Advowson, extending of, 443.

Affidavit, generally.

General rule as to form of, 1207; clerical errors in, 1208.
Title of, 1208; in the court, 1208; in the cause, 1209.

Deponent's abode, 1211.

Deponent's addition, 1212.

Addition of other parties, 1213.

Deponent's signature, 1213.

Jurat, 1213; erasure, &c., in, 1214; amendment of, 1215.

Before whom to be sworn, 1215; before judge, commissioner, &c., 1215;
before attorney in cause, or clerk, 1215; commissions for taking of,

in Scotland and Ireland, 1216; before British consul, 1217; where
sworn abroad, 1217.

When to be sworn, 1217.

When to be filed, 1217; affidavit sworn in country, 1218.

How long in force, 1218.

Defects, when aided, amended, &c., 1218.

Affidavit of execution of articles of clerkship, 21; of service under, 30; of

stamp duty being paid, and of enrolment, 32.

Affidavit to obtain rule nisi, 1185, 1190.

Affidavit to shew cause against rule nisi, 1191.

Affidavit to obtain distringas, 127.

Affidavit to enter appearance for defendant, 126.

Affidavit to hold to bail.

Form of, 484.

How intitled, 484.

Deponent's abode and addition, 485.

Names, &c., of parties, 485.

Statement that defendant is about to quit England, 486.

Statement that an action is pending, 486.

Statement of cause of action, 486; must be such that perjury can be
assigned, 486; must be direct and positive, 486; exceptions, 487; by
executors or assignees, 487; by partner, 488; stating right to sue
by law of foreign country, 488; on a deed, 489; on a bond, 490; on
an award, 490; on Irish judgment, 490; on bill or note, 490; for
causes of action recoverable on the common counts, 492; statement
of defendant's request, 493; in trover, 493; on a penal statute, 494;
may be good in part and bad in part, 494; must be single, 494; must
correspond with writ, 495; must correspond with declaration, 495.
Negative of tender, 495.

Jurat, &c., 495. See further, "Affidavit."

Mode and time of swearing, 495.

By whom to be made, 495.

Before whom to be sworn, 496; in England, 496; in a foreign country,

496; Ireland or Scotland, 496.

When to be sworn, and duration of, 497.

Affidavit for attachment against sheriff for not returning writ, 542; for not

bringing in body, 553.

Affidavit of merits, 569, 570, 705.

Affidavit of justification accompanying notice of bail, 583.

Affidavit to oppose bail, 597.

Affidavit of extra costs, 1162.

Affidavit to obtain judge's certificate for immediate execution, 397, 332.
Affidavit to enter judgment on old warrant of attorney, 693.

Affidavit to set aside regular judgment by default, 705.

Affidavit of service of declaration in ejectment, 743.

Affidavit to verify plea in abatement, &c., 655.

Affidavit to verify plea puis darrein continuance, 300.

Affidavit on writ of error, of truth of error in fact, 357.

Affidavit to change venue, 956.

Affidavit to obtain judgment as in case of nonsuit, &c., 1075.

Affidavit to obtain a new trial, 1101.

Affidavit to compel attendance of witness before arbitrator, 1228.
Affidavit to set aside, &c., award, 1239, 1253.

Affidavit to obtain attachment, &c., to enforce award, 1258.

Agent to attorney, 45, see further "Attornies;" notices, &c., to, 45, 208;
payment of debt, &c., to, 46; lien of, 46; when attorney liable to, for bill,
46; attorney acting as agent for unqualified person, 45; indorsement on
process, as to, 51; taxation of bill of, 46, 76; need not deliver signed
bill, 46.

Agreement, between attorney and client, not to restrain taxation of bill,
76; inspection of, 1023; order to produce, to get stamped, &c., 1025;
not to bring error, 349; not to issue execution, 396; terms of, should be
expressed on cognovit, 675; on warrant of attorney, 682; when sci. fa.
to revive judgment not necessary after, 817.

Alias capias, 450; fi. fa. 438; alias ca. sa., &c., 450; attachment, 1270.
Alien, privileged from being holden to bail, 467; plea of alien enemy not
issuable, 162; not allowed to be pleaded with another plea, 175; when
may be jurors, 305; time to render principal when an alien, 623.

Alleging diminution, 369.

Allocatur, attachment, &c., for not paying costs on, 1273, &c.

Allocatur exigent, 930.

Allowance of bail, 606, 607.

Allowance of writ of error, 357.

Allowances to prisoners, 862.

Almanac, proof of, 224.

Alteration of writ of summons, 119; of warrant of attorney after execution,
690; of process, &c., attachment for, 1276.

Ambassadors and servants cannot be held to bail, &c., 466; security for costs
in action by, 1013.

Amendment generally.

When and how, 1112; after demurrer, 1112; at Nisi Prius, 1113; after
verdict, &c., 1113; after judgment and before error, 1114; after
error brought, 1114; terms of amendment, and remedy for costs of,
1114.

What amendable at common law, 1115.

What amendable by statute, 1115; misprision of clerks, 1115.

What aided at common law, 1116.

What aided by statute of jeofails, 1116; in civil actions, 1116; in penal
proceedings, 1116; actual amendment unnecessary under, 1117.
Amendment, &c., of particular proceedings.

Entry of warrant of attorney, 1117; infant appearing by attorney, when

aided, 1118.

Original writ, or bill, 1118; plaints in inferior courts, 1118.

Process, 1118; altering and re-sealing, &c., 1119; copy served not
armendable, 1119; aided by verdict, 1119; waiver of defect in, 1082;
defect no ground for error, 1119.

Appearance, 1119.

Bail-piece, 1120; recognisance of bail, 1120.

Declaration, 1120; what allowed, 1120; in ejectment, 736; time of
application for, 1121; costs of, 1122; what defects aided by verdict,

Amendment, &c.—(continued.)

1122; what on judgment by confession or default, &c., 1123; order
for may
be abandoned, 1123; time for pleading after, 157.
Particulars of demand, &c., 1123; notices, &c., 1126.

Pleas, and subsequent proceedings, 1123; replication, 1124; avowries
and pleas in bar, 1125; withdrawing pleas, &c., 180; misprision of
clerks in, 1125; what defects in aided by verdict, 1125; what by
judgment, by confession, or default, 1125.

Notice of disputing bankruptcy, patent, &c., 1126.

Demurrer, 1126; after argument of, 1112.

Writ of inquiry, 1126.

Writ of trial before sheriff, 1126.

Issue, 1127; objection to, when made, and how waived, 1128; re-pleader,
where issue immaterial, 1128.

Jury process, 1128; what defects in, aided by verdict, 1128.

Nisi Prius record, 1129; when amended by the court, 1129; when by
judge at Nisi Prius, 1129.

Verdict, 1130; to give the finding its legal effect, 1130; by judge's
notes, &c., 1131; by act of the party, 1132; special verdict, 1132;
for what court will award a venire de novo, 1107; where postea lost,
1132.

Judgment, 1132; what aided by verdict, &c., 1133; where roll lost, 1133.
Scire facias, 1133; what aided by verdict, 1134.

Writ of error, 1134; what amendable, 1134; in what court, 1134; bail
on, 1135; costs of, 1135; transcript, 1135; of assignment of errors,
1135.

Execution, 1135; for what, when and how, 1135; when not, 1136; no
statute of jeofails as to, 1136.

Sheriffs' return, 1136.

Rules of court, orders, &c., 1136.

Affidavits, 1136.

Amends, tender of, plea of, by justice, &c., 913.

Amercement, statement of, in judgment, 335.

Ancient demesne, plea of, 750, 653; may be extended under elegit, 443;
county court, &c., cannot proceed in question of, 794.

Annuity, reference to compute, in action for, 709; staying proceedings in,
on payment of arrears, &c., 984; damages in, 321; setting annuities
aside, 1044; setting aside warrant of attorney for, 690; setting aside exe-
cution in, for excess, 698; clause of scire facias in warrant of attorney to
secure, 699; docketting judgment for, 697, 337, 338; bond for, within the
8 & 9 W. 3, c. 11, 699; sci. fa. on judgment for subsequent arrears of,
when necessary, 698.

Answer, in equity, how proved, 219; in ecclesiastical court, how proved, 221;
in admiralty court, how proved, 221.

Apothecary, exempt from being juror, 303.

Appearance, what, 121, 193; of parties by attorney, 49; attorney's undertaking
for, 58; condition for, in bail-bond, 537; how entered, by defendant,
on writ of summons, 131; by plaintiff for him, 122; affidavit for, not
necessary, 131; to scire facias, 835; in replevin, 796; upon exigi facias,
930; in ejectment, 749; must be entered by defendant, or he cannot
noupros, 1052; must be entered before judgment by default, 701; or on
cognovit, 679; amendment of, 1119; waiver of defects in, 1046; cannot
be entered nunc pro tunc, 679.

Appointment of master, must be attended to, 58.

Appointment of attorney, how, 50.

Appointment of arbitrator, 1228; of umpire, 1234.

Appraisement, &c., of goods under fi. fa., 422; under distress, 790.
Arbitration.

The reference.

Where there is a cause in court, 1220; attorney no power to refer,