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INDEX.

A.

ACTION.

Of debt or covenant.

Effect of, against heir, and mode of pleading to, 1 Will. 4,
c. 47, ss. 6, 7..223.

Will lie against devisee as well as heir, Ibid. s. 8..223.
Heir-at-law liable to, though he may have sold the pro-
perty before action brought, Ibid. s. 6..223.

ACCOUNTS.

Mode of rendering, in Master's office, 1, 295.

Copied into schedules and annexed to report only, to be
charged 6d. per folio, 2, n.

Preliminary.

After appearance Court may order preliminary accounts to
be taken before the Master, 94, 343.

Will be ordered, if proper, though cause set down for
hearing, 95, n.

Order for taking, may be obtained as well by petition as
on motion, 95, n.

Q. if order for, will be made where any of defendants are
out of the jurisdiction, 95, n.

ADMITTANCE-see tit. "COPYHOLD."

ADVANCING CAUSE-see tit. "CAUSE."

AFFIDAVITS.

On considering decree, Master to state whether affidavits to be
received in proof, 2, 292.

And if he do not, they cannot be afterwards received except
by consent, 2,n.

Previously read in Court may be used before the Master, 2,
296.

Cannot be used before Master after witnesses have been exa-
mined vivá voce, 2, n.

In support of state of facts may be referred for scandal, but not
for impertinence, 2, n.

T

AFFIDAVITS-continued.

In reply not to be read before the Master, except, &c., 3, 296.
Used in Master's office, ought to be regularly filed, 2, n.

Of prisoners to be taken by warden or gaoler, 1 Will. 4, c. 36,
rule 20..155.

AGREEMENTS.

By guardians of infants, or committees of lunatics, may be made
on petition, 1 Will. 4, c. 65, s. 26..275.

AMENDMENT OF BILLS-see tit. " BILLS."

ANNUITIES.

Times for payment of, to be specified in orders directing their
payment, 3, 316.

ANSWER.

Not necessary to any statement or charge in bill, unless
defendant is specially interrogated to it, 3, 362.

Nor to any interrogatory which may be demurred to, 4,
368.

Of prisoner to be taken by warden or gaoler, 1 Will. 4,
c. 36, rule 20..155.

May be put in by plaintiff for defendant in contempt who
refuses to answer after notice, 1 Will. 4, c. 36, rule 11..
147.

On sheriff's return of non est inventus to an attachment
for not answering, plaintiff entitled to writ of sequestra-
tion, 18, 138, 360.

What affidavit will be required, 139, n.

Dedimus for.

May be sued out without order, 4, 308.

Mode of suing out, 4, 308.

If defendant demur and answer, he must sue out a special
dedimus, 4, n.

Exceptions to.

Must be delivered within two months, 5, 282.

When time for filing, begins to run, 5, n.

For insufficiency, if not submitted to within eight days,
plaintiff may refer answer for insufficiency, 5, 282.
Intervals of vacation not to be reckoned, 5, 303, 6, n..
As to the service of order for referring answer for insuffi-
ciency, 5, 6, n.

Within what time to be proceeded upon after second or
third answer, 6, 300.

When submitted to, when taken to a first answer,

defend-

ant allowed four weeks to put in further answer, 7, 311,
363.

ANSWER, Exceptions to-continued.

Will not fail on account of not following literally the words
of the interrogatory, 6, n.

Costs of, and how to be borne, to be certified by the Master,
7, 311.

From what time answer to be deemed sufficient, or insuffi-
cient, after exceptions, 8, 283.

Course of proceeding, where third answer reported insuffi-
cient, 8, 283.

Further answer may be put in pending exceptions to first
answer, 8, n.

For scandal or impertinence, form of, and proceedings be-
fore the Master, 9, 10, 283, 312.

Time for answering.

Defendant after appearance allowed eight weeks to answer
original or supplemental bill, or bill of revivor, and five
weeks to answer amended bill, 11, 308, 363.

No more time allowed in country than in town causes, 11,
363.

After expiration of time allowed, plaintiff may file a note,
13, 364.

Effect of such note, 13, 364.

Interval between the day fixed for appearace and that on
which appearance entered not reckoned, 14, 309.

Secus as to interval where security for costs given, 14, 309.
Where plaintiff amends, without requiring further answer,
defendant allowed eight days to consider whether he will
answer, 14, 309.

What time allowed when defendant submits to answer ex-
ceptions to first answer, 7, 311.

Master to fix time for further answer, where he finds
answer insufficient, 6, 282, 311.

Applications for time to answer to be determined by the
Master, 15, 169, 312.

Upon what condition Master to grant further time, 15, 312.
See tit. "DEFENDANTS."

APPEARANCE.

No order for messenger or serjeant-at-arms to compel appear-
ance, 16, 360.

If not entered within eight days, plaintiff may apply for leave
to enter, 16, 360.

When special appearance may be entered by defendant, and
consequence of, 17, 366.

Mode of proceeding for taking bill pro confesso where appear-
ance not entered, 1 Will 4, c. 36, s. 3..130.

May be put in for defendant having privilege of parliament, on
return of sequestration, Ibid. s. 12.. 136.

APPOINTMENTS.

For portions or just debts not to be affected by 1 Will. 4, c. 47. .

222.

Illusory, to be valid in equity, 1 Will. 4, c. 46, s. 1..219.
See tit." ILLUSORY APPOINTMENT.'

ASSETS.

Where Master makes a separate report of debts and legacies,
he may certify as to the assets, 99, 297.

Traders' estates deemed assets to be administered in Courts of
Equity, 1 Will. 4, c. 47, s. 9..223.

Now extended to all persons, 3 & 4 Will. 4, c. 104..224, n.

ATTACHMENT.

No attachment to be issued for compelling obedience to any
process, order, or decree of the Court, 17, 360.

On return to, of non est inventus for not answering, plaintiff en-
titled to writ of sequestration, 18, 360.

What affidavit required where bill taken pro confesso, 1 Will. 4,
c. 36, s. 15, rule 1..138, 139, n.

ATTAINDER.

Lands, &c. vested in any trustee or mortgagee not to be es-
cheated by his attainder, 4 & 5 Will. 4, c. 23, s. 3..262.
ATTORNEY.

By whom and in what manner attorneys may be appointed
for femes covert, infants, and lunatics, 1 Will. 4, c. 65, ss. 3,
4 and 5..268, 269.

B.

BANK OF ENGLAND.

What officer of, to make transfers, 1 Will. 4, c. 60, s. 32..
260.

BILL.

Amendment of.

Plaintiff entitled to one order for, after answer, before
replication, 18, 300.

Application for further order to amend, how to be sup-
ported, 19, n.

Every such order to be obtained within six weeks after
answers deemed sufficient, 19, 300.

And to contain an undertaking by plaintiff to amend
within three weeks, 21, 284.

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