DEMAND-(continued.) when excessive, costs will sometimes be given, 57. of apology, when should be made, ib. of perusal and copy of warrant, 61. when should be made, ib. form of demand, 62. not necessary where party has not acted strictly in obedience to the warrant, ib. when to be repeated, ib. DEPOSITIONS. See Oath. DETAINER, 236. See Forcible Entry and Detainer. DISCOVERY, BILL OF. See Bill of Discovery. DISTRESS. See Justices of the Peace, Landlord and Tenant. unreasonable costs of distress, where sum distrained for not more than 20%., summary proceedings when rent in arrear, 241. enactments in this respect, 242. jurisdiction given to justices, ib. in cases of fraudulent removal to avoid, 245. provisions of 11 Geo. 2. c. 19. s. 4, ib. for unlawful charges under distress warrant, 250. DISTRESS WARRANT. See Commitments, Justices of the Peace. mode of enforcing penalties by, 212. can only be made under express enactment, 212, 13. no replevin lies, 213. goods distrained under, may be sold, ib. DOCUMENTS. production of, before arbitrator, may be enforced, 98. DOG. penalty for stealing of, 135. EDUCATION OF ARTICLED CLERKS. See Attorney and Solicitor. for the Bar. on whose demise the action should be brought, 47. should not be on demise of cestui que trust, ib. when unnecessary, 231, 2. ENLARGEMENT. See Arbitration. of time for making award, 96. power of, generally given to arbitrator, ib. should be made according to terms of reference, ib. or award would be void, ib. in general, discretionary in arbitrator, ib. when Court will order it, 97. for what it should be made, ib. form of, ib. ENROLMENT. See Attorney and Solicitor. Students of articles of clerkship, with affidavit of execution, must be within six months, of name on rolls of Court, 5. ENTRY. See Attorney and Solicitor. of affidavit of execution of articles of clerkship, 5. of notice of intention to apply for admission, ib. of name and place of abode on obtaining admission, ib. VOL. II. U ENTRY OF NAME. See Attorney and Solicitor. necessary on obtaining admission and taking out certificate, 5. EQUITY DRAFTSMAN. See Students for the Bar. his functions considered, 42. EVIDENCE. See Justices of the Peace. duty of attorney to ascertain, before commencing proceedings, 21, 46, 53. his liability in case of negligence, 53. who to ascertain evidence, 53, 4. when bill for a discovery of, may be filed, 54. or to perpetuate testimony, ib. evidence before arbitrator, how to be taken and stated, 101, 2. before justices on summary proceedings, how to be taken, 188. oath to be administered, ib. mode of examination, 189. of taking evidence, ib. should be taken verbatim, ib. at least all the words material, 190. should not be taken in the words of statute, ib. should be read over to witness, ib. how should be stated in conviction, 190, 200. omission of justice to do so, observance may be compelled by mandamus, 190,200. ↑ must state the facts, and not merely the result, 190, 200. what evidence on face of conviction will suffice, 201. on appeal, fresh evidence admissible, 218. EXAMINATION. See Attorney and Solicitor. of articled clerk previous to admission, 5, 12, 13. by 2 Geo. 2. c. 23. s. 2, judges empowered to examine as to fitness, 12. suggested propriety of clerks being examined by other officers, 13. with power of appeal to judges, ib. EXCEPTIONS. See Justices of the Peace. when to be stated in information, 166, 7, 8. to be proved by defendant, 167, 191. when to be stated in conviction, 203, 4. EXECUTORS. See Arbitration. when they may consent to arbitration, 77. should guard against personal liability, ib EXEMPTIONS, 166 to 168. See Exceptions. EXPEDITION. attorney's duty to expedite, 25. importance of, ib. EXPENCES. impropriety of increasing, by any means, 25. FEES. See Attorney and Solicitor. stipulations relating to, considered, 26 to 32. FISH. See Justices of Peace. penalty for destroying of, 135. FORCE. See Forcible Entry and Detainer. what sufficient to justify justice's proceedings in cases of forcible entry and detainer, 234, 5. FORCIBLE DETAINER, 236. See Forcible Entry and Detainer, Justices of the Peace. FORCIBLE ENTRY AND DETAINER. See Justices of the Peace. Forcible Entry, Vol. 1. right of justices to interfere, 231. what a forcible entry, 232, 3, 4. even by party having a right to possession, 232. how he should act, ib. cannot take possession by force, ib. when party may safely act without assistance of a justice, 233. court of equity, in cases of wrongful possession, will grant injunction to prevent waste pending legal proceedings, ib. jurisdiction of justice, ib. founded on statute law, ib., FORCIBLE ENTRY AND DETAINER-(continued.) two descriptions of forcible ousters, 233. 1. forcible entry and expulsion, ib. 2. forcible detainer where entry not forcible but illegal, ib. 1. Forcible entry and forcible detainer after such entry, 234. when justices may proceed to give possession, ib. when not, ib. must have view of continuing force, 234, 5. when jury must be empannelled to try forcible entry, 231. upon finding of force, justice may then proceed, ib. when he may break open doors, 235. and cause offenders to be arrested, ib. justices' duty on finding force, ib. proceedings in case there is no continuance of the force in view of justice, ib. 2. Forcible detainer, 236. proceedings under, ib. enactments respecting, 236, 7. justice cannot act when wrong-doer has been continually in possession for three years, 237. what a forcible detainer, 238. may be whether entry forcible or not, ib. instances of forcible detainer, ib. between landlord and tenant, ib. when conviction by justices insufficient for not stating that the entry was illegal, 238, 240. decisions of the judges as to what an illegal entry under 8 Hen. 6. c. 9, 238, 9. when tenant holding over guilty of illegal entry, 239. in these cases prudent to try right in a civil action, ib. practical proceedings in cases of forcible entry and detainer, 240. statutes give jurisdiction to one justice, ib. most prudent for two to act, ib. complainant should be sworn as to his right to estate, and of the forcible or illegal entry, ib. or conviction not shewing that entry illegal, would be bad, ib. when case doubtful, justice should not act, ib. but leave party to try right, ib. or should issue warrant to sheriff to impannel a jury, ib. when offenders may traverse finding of justices, ib. restitution should not be awarded before the jury have found force, 241. or defendant decline traversing, ib. FORCIBLE OUSTERS. See Forcible Entry and Detainer, Justices of the Peace. are of two descriptions, 233. 1. forcible entry and expulsion with continuance of force, ib. FORM, WANT OF. not to vitiate information after appearance and plea, 170. FORMS OF. articles of clerkship for more than five years recommended, 6. new articles to make up for lost time, 6. written retainer of attorney for plaintiff, 20. the like for a defendant, 20. terms of letter from plaintiff's attorney to defendant before action, 56. written demand of interest under 3 & 4 W. 4, c. 42, s. 28, 57. terms of an apology, 37. demand on a constable of perusal and copy of warrant, 62. notice of action to a justice for false imprisonment, 66. Relating to Arbitrations. agreement of reference not under seal, 88. the like by cross bonds, ib. indenture of reference, ib. recital of general or particular grievances referred, ib. FORMS OF (continued.) stipulation to abide by award, ib. power to enlarge, ib. agreement that submission shall be made a rule of Court, 89. that parties and witnesses to be examined on oath, ih. costs of the action to abide event, ib. all other costs in discretion of arbitrator, ib. proviso that an award signed by two or three arbitrators shall suffice, ib. extensive power to enlarge, ib. power to regulate or fix terms on which a nuisance may be continued, 89. stipulation against revocation by death, marriage, bankruptcy, &c., 90. power to examine parties and witnesses on oath, ib. stipulation to state a candid and explicit account of claims and produce stipulation that arbitrator shall expressly, upon face of award, adjudicate stipulation that arbitrator shall, if required, state evidence and points of law power to award costs of delay, 91. power to proceed ex parte in case of absence or not bringing forward power to proceed ex parte in a fuller form, ib. agreement to prevent an executor from being liable without assets, ib. power to award the entry of a judgment to secure payment, ib. stipulated damages to be paid in case of unreasonable delay by either affidavit of signature to the agreement of reference by attesting witness, ib. arbitrator's appointment of the first or other meeting, 94. appointment of peremptory and final meeting, and intention to proceed ex arbitrator's enlargement of time for making his award, 97. affidavit to obtain a judge's order or rule for a witness to attend before an judge's order thereupon for the attendance of the witness with a named oath or affirmation to be administered by an arbitrator to a witness, pur- award in favour of a plaintiff upon a reference of a cause and all matters in award under an order of Nisi Prius for plaintiff, but subject to facts for award of release, 114. certificate instead of an award, ib. Forms of Proceedings before Justices of the Peace. form of conviction prescribed in 9 Geo. 4, c. 91, 134. form in 7 & 8 Geo. 4, c. 29 and c. 30, 138. form of information on recent acts or on any penal statute, 156. complaint or information for a common assault and battery on 9 Geo. 4, c. 31, information on 7 & 8 Geo. 4, c. 29, s. 40, for breaking a dead fence with intent information on 7 & 8 Geo. 4, c. 30, s. 24, for a wilful or malicious injury, ib. oath to obtain a summons, 173. summons to the defendant on a complaint or information and after oath, 177. acquittal by justices, 194, n. FORMS OF (continued.) certificate of dismissal of complaint under 9 Geo. 4, c. 31, s. 27, 195. recognizance of appeal against a conviction under the Game Act, 1 & 2 W. 4, judgment of affirmance of the sessions on an appeal against a conviction on notice, pursuant to 13 Geo. 2, c. 18, of an intended motion for a certiorari to affidavit in support of application for a certiorari, stating facts and objections, FOUND COMMITTING. See Justices of the Peace. offender under 7 & 8 Geo. 4, c. 29, may be apprehended without warrant, 136, meaning of that term in different acts, ante, 1 vol. 617 to 631. FRAUDULENT REMOVAL. See Justices of the Peace, Landlord and Tenant, summary proceedings in cases of, 245. provisions of 11 Geo. 2, c. 19, s. 4, ib. complaint must be in writing before two justices, ib. justices to summons parties concerned, 246, 7. examination to be on oath, ib. value of goods removed to be ascertained, 246. and parties offending to pay double the value, ib. refusal to do so, a distress warrant to issue, ib. default of distress, party to be committed for six months, ib. party appealing must enter into recognizance, &c., ib. order to be stayed pending appeal, ib. what a fraudulent removal, 246, 7. jurisdiction of justices, 247. requisites of the order, ib. advisable to be drawn up with same precision as a conviction, 248. oath and warrant to authorize the breaking a dwelling-house to seize goods fraudulently removed, ib. enactment of 11 Geo. 2, c. 19, s. 7, ib. caution to be observed before granting, 248, 9. FRIENDLY SOCIETY ACT. arbitration compulsory under, 74, 125. parties precluded from suing in cases within its enactments, 135, 6. GAME ACT. See Justices of the Peace. summary proceedings under 1 & 2 W. 4, c. 32, 142. penalties under, 142, 3. distribution of penalty, 143. form of information stated, 172, in note. form of conviction prescribed, 143. proceedings for penalties under, 143, 147. conviction and commitment under, when valid, 146. HOUSE DOVE. penalty for killing, &c. of, 135. INFANT. cannot consent to a reference, 77. is subject to summary information and conviction, 152. INFORMATION. See Justices of the Peace. within what time it must be exhibited, 147. provisions of different statutes, ib. month, how to be construed, ib. when the first day to be included, 147, 8. decisions in this respect contradictory, 148. who to prosecute information, 149. requisites to be observed, 150, 1. against whom, 151. in general before one Justice, 154. form and strictness required in general, 155. form of, 156, 171, 172. substance of, varies according to nature of complaint, 157. |