LANDLORD AND TENANT. See Justices of the Peace. summary proceedings by, in cases of forcible entry and detainer, 238. proceedings of justices, 241 to 251. 1. Where rent in arrear and premises deserted, 241. 2. In cases of fraudulent removal to avoid distress, 245 to 248. LEGAL QUALIFICATION. See Attorney and Solicitor. how the want of in an attorney, &c. may affect client, 15, 16. penalty of 507. for acting without regular admission, 15. presence of uncertificated attorney, when insufficient, 16. prudence of ascertaining that party is attorney of proper court, ib. LETTER. propriety of writing before litigation, 56. unless party likely to abscond, ib. charge of, formerly not allowed, ib. but now otherwise, ib. terms of such letter, ib. LIABILITY OF ATTORNIES. See Attorney and Solicitor. in general, not liable where point of law doubtful, 21, 32. when acting under counsel's opinion, 21, 32. liable for practical errors, 33. in these cases remedy by action, ib. court will not summarily interfere, ib. unless when guilty of want of integrity, ib. and then although no suit, &c. pending, ib. LIABILITY OF JUSTICES, 228. See Justices of the Peace. in actions for in the newspapers, who to be defendants, 48. certified copy of affidavit filed at stamp office evidence of liability, ib. printer, on giving up author, ground of mitigation of damages, ib. and suit against him should be abandoned, on payment of costs, 49. LIEN. when goods deposited by way of, should be stipulation for power of sale, 59, 60. when attorney, &c. should give notice to secure his lien, 69. LIMITATION. of prosecutions under 7 & 8 G. 4, c. 29. to three months, 136. of actions against parties bonâ fide acting under the same, six months, 139. of prosecutions under 7 & 8 G. 4, c. 30, three months, 141. commencement of. See Proceedings between Retainer and Litigation. consideration of subject in general, 46 to 72. MAGISTRATES. See Justices of the Peace. MALICIOUS INJURIES TO PROPERTY. summary proceedings for, 139. See Justices of the Peace. provisions of act, 7 & 8 G. 4, c. 30, 139. proceedings may be before one justice, but preferable before two, 139, 140. who may order compensation, 140. party aggrieved may be a witness, 140, 141. act not to apply, when, 140. not essential to prove malice, 140. persons found committing may be apprehended without warrant, 141. scale of punishment, 141. form of conviction, 142. party aggrieved may appeal, ib. MANDAMUS. when it lies against justice, 190, 201, 229, and see Justices of the Peace. proceedings to obtain same, ib. MARRIED WOMAN. cannot consent to a reference, 77. INDEX. MASTER OF ARTS. taking degree of, entitles clerk to admission as an attorney, &c. after service same exception in favour of students for the bar, 38. MEMORANDUM. bill of discovery lies to compel a party to admit having signed one to avoid the MORTGAGE. goods deposited by way of, should stipulate for power of sale, 59, 60. duty of attorney, &c. in respect of, 24. should be conducted with candour and liberality, ib. when communication should be restricted, ib. when there should be no concealment, ib. when attorney, &c. will have to pay costs for concealing facts, ib. NEIGHBOURS. in actions between, respecting nuisances, &c. proper to refer, 75. for libels in, who to be defendants, 48. NON-ATTENDANCE. of party, when arbitrator may proceed ex parte, 82. of defendant, when justice may proceed ex parte, 184. NON-JOINDER, 51, 52. See Abatement. of parties in cases of contracts, 51. defects of former law remedied, 52. plea of non-joinder ineffectual, where omitted party resides out of the king- exist in every state of Europe, ib. peculiar weight and respect attached to their acts, ib. must serve by indentures of apprenticeship for seven years, ib. such indenture must be duly stamped, ib. such service must be bona fide during whole term, ib. what not a sufficient service, ib. may stipulate to pay part of profits to widow or family of deceased partner, 41 G. 3, c. 76; and see more fully, Candler v. Candler, 1 Jac. Rep. 231, 2. to practise, must obtain a faculty, 36. if guilty of misconduct, may be struck of the Roll of Faculties, ib. penalty of 50%. for practising without being admitted, ib. provisions of the statutes respecting, 37. when any attorney or solicitor may practise as notary, ib. by 44 G. 3, c. 98, may draw deed, conveyance, &c. ib. but not be concerned in any suit, ib. NOTICE. of intention to apply for admission to practise as an attorney, &c. 5. must be affixed outside the Court, ib. and entered at Judge's chambers, ib. of lien, when necessary, 69, 70. NOTICE OF ACTION. See Justices. precautions to be observed in giving, 60. of action, and requisites, 63. regulations with respect to notices in general, ib. to justices in particular, ib. provisions of 24 G. 2, c. 44, with respect to, the intended writ must be stated, 65. what it must state, ib. precision and technicality not requisite, 66. VOL. II. Y ib. NOTICE OF ACTION (continued). should be nearly in form of subsequent declaration, 67. form of action need not be stated, ib. to whom to be addressed, ib. on whom to be served, ib. indorsement on notice of attorney's name and abode, 68. what a sufficient description, ib. under 7 & 8 G. 4, c. 29 and 30, one calendar month's notice of must be given, NOTICE OF APPEAL. when appeal may be made, 214. must explicitly state all the objections, 216, 217. when must be served, 217. ОАТН. to be taken by clerk on admission to practise as attorney, &c. 5. warrant to apprehend must be on oath of credible witness, 178. OFFENCE. how to be stated in information, 164 to 168. See Justices of the Peace. ORDER OF REFERENCE. See Arbitration. when may be amended, 89. when may be revoked, 102. PARTNERS. one of several may consent to a reference, but not to bind his partners, 77. when proposal of, may be accepted, 59. PARTY AGGRIEVED. when he may be a witness, 136, 7. when so, penalty applied to county rate, &c. 137, 141. PENALTY. See Justices of the Peace. proceedings for, under 7 & 8 G. 4. c. 29 & 30, 135, 139. when so, penalty applied to county rate, &c. 136, 7. distribution of, ib. punishment when penalty not paid, 138. form of conviction for, ib. when the King may remit, ib. proceedings for under 1 & 2 W. 4. c. 32, 142. practical proceedings to enforce, 147. PERJURY. party guilty of false swearing before arbitrator, guilty of perjury, 98. PERUSAL OF WARRANT. when demand of, should be made, 62. when unnecessary, ib. PETITION. in cases of difficulty articled clerk may petition Court, 5, 13. and no court of appeal or higher tribunal, ib. PHYSICS AND NATURAL PHILOSOPHY. PIGEON. penalty for killing or wounding of, 136. considerations who to be, 47, 48. PLAINTIFF-(continued). who to be, in action of ejectment, 47. assignee of bond or chose in action must sue in name of obligor, ib. barrister's, &c. duty with respect to, 44, 45. should not be incumbered with unnecessary statements, 44. POSSESSION. See Forcible Entry and Detainer. PRACTICE. See Attorney and Solicitor. attorney, &c. liable for errors in, 33. PRECAUTIONARY PROCEEDINGS. Justices of the Peace. withheld by forcible entry and between retainer of attorney and commencement of legal proceedings, 46 to PREMIUM. articles of clerkship should contain covenants for return of, in case of death or other event, ib. when Court of K. B. will compel return of, 10. without resorting to a court of equity, ib. PRINTER. of libel giving up author, ground of mitigation of damages, 49. PROCEEDINGS BETWEEN RETAINER AND COMMENCEMENT OF LI- consideration of subject in general, 46. Fifteen steps may be necessary, as follows, 46 to 72. First, ascertain the party injured, and who to sue, 47, 48. in actions of ejectment, on whose demise, ib. but must be on demise in name of trustee, ib. assignee of bond or chose in action must sue in name of obligee, ib. except on a bill or note, ib. who to sue and be sued requires consideration, ib. as error would in general be fatal on trial, ib. attorney should secure proper authority to sue, ib. duty of executors and administrators where claimant unknown, ib. course to pursue when title deeds, &c. in possession of agent, &c., 48. sometimes difficult to determine, ib. as in the case of malicious injuries, ib. necessity of sufficient discovery before proceeding, ib. in cases of torts or contracts, advisable to advertise, ib. but must avoid libellous expressions, ib. for a libel in newspaper, by referring to affidavit filed at Stamp certified copy of which, evidence of liability, but this only to proprietor or publisher, ib. ib. printer of libel giving up author, ground of mitigation, ib. and suit against him should be abandoned on payment of costs, 49. of bill to perpetuate testimony when wrong doer unknown, ib. difficulties in cases of contracts, ib. of writing letter to party supposed to be liable, ib. either to make compensation, ib. or to disclose name of offender, ib. when necessary to file bill for discovery, ib. when parties would be bound to answer, ib. when landlord may file a hill for discovery against tenant, ib. when not, ib. PROCEEDINGS BETWEEN RETAINER AND COMMENCEMENT OF LI- TIGATION-(continued.) bill lies against lessee and mortgagee, when, 50. of the right to obtain a discovery of the parties to be made de- would not be enforced when on face of bill no remedy, ib. of joining defendants in actions of trespass, 51. when acquitted, defendants, by 8 & 9 W. 3. c. 11, entitled to costs, ib. provisions of that statute extended to all personal actions, ib. duty of attorney to ascertain precise parties, ib. of the parties in cases of contracts, ib. in the case of nonjoinder ib. defects of former law remedied, 52. plea of nonjoinder ineffectual where omitted party resides out of Thirdly, of the cause or ground of action, and how to be ascertained, 52. when bill of discovery should be filed, ib. as to compel defendant to admit or deny a promise of marriage, ib. or to discover assets, ib. or to exhibit an account of assets and expenditure in the Ecclesiastica! doubtful whether it lies to discover whether a particular person or where he resides, ib. provisions of 6 Ann, c. 18, to discover death of party, ib. Fourthly, ascertaining the evidence, 53, 212. should be ascertained in first instance, 53. even before intimation to opponent of intended litigation, 53. his liability in case of negligence, ib. danger of relying merely on client's statement, ib. safest course to examine the principal witnesses, ib. when bill for a discovery may be filed against defendant, 54. or to perpetuate testimony, ib. Fifthly, of bills for discovery, and costs thereon, 54. principal points in connexion with proceedings considered, ib. when bill prays only a discovery, and not relief, plaintiff not to have but defendant entitled to his costs, ib. reason for this rule, ib. when a different rule would prevail, ib. Sixthly, demand of a legal security in lieu of one defective, 55. essential to know if written security sufficient, ib. and properly stamped, ib. when bill necessary to enforce delivery of proper security, ib. when may sue at law for not giving it, ib. demand of one should be first made, ib. when stamp omitted, may be impressed at any time, 56. except in cases of bills and notes, ib. better to delay that expense until necessary, Seventhly, Attorney's letter before action, 56. propriety of doing so considered, ib. unless party likely to abscond, ib. omission engenders angry feelings, ib. ib. formerly charge of such letter not allowed, ib. terms of such letter, ib. when demand of interest should be made, 57. form of such demand, ib. at law, demand of the precise sum not material, ib. but otherwise in equity, ib. when costs will be given where demand excessive, ib. |