Demand-(continued.)
Of joinder in demurrer, 302.
Of term and number of the roll on nul tièl record of same court pleaded,
Of possession, where tenancy expired by effluxion of time, 400; the like,
where tenancy expired by notice to quit, 400.
Notice of filing recordari, &c. with demand of declaration in Q. B. in re-
plevin, 421; of declaration in Q. B. in replevin, 425.
Of avowry, 434, 38.
Of plea in scire facias, 471, 485.
Of perusal and copy of a warrant from a constable, 532; the like, from a
gaoler, 532.
Of oyer by defendant, 594; the like, by plaintiff, 594.
Demand and refusal of costs, 633-see "Costs."
Demise-see" Ejectment."
Demurrage, affidavit to hold to bail for, 215.
Demurrer, proceedings upon, 301.
Demurrer to a declaration, 301; to a plea or rejoinder, 301; the like, to
a replication, 301; joinder in demurrer, 302; demand of joinder in
demurrer, 302.
Notice of inquiry on back of demurrer or joinder, 302.
Demurrer book, 302; notice of setting down the demurrer for argument,
Præcipe for rule for judgment, 303; rule for judgment, 303.
Judgment for plaintiff on demurrer to a declaration or replication where
there is no issue in fact, 303; the like, on a demurrer to a plea or re-
joinder, 304; the like, on a demurrer to a replication or plea in abate-
ment, 304; the like, on a demurrer to a plea in abatement, 304.
Judgment for defendant on demurrer to a declaration or replication, 305;
the like, for defendant on demurrer to a plea or rejoinder, 305; the like.
for a defendant on demurrer to a plea in abatement, 305; the like, for a
defendant on demurrer to a replication to a plea in abatement, 305.
Judgment where there are issues in fact and issues in law, and where the
issue in law is determined first, 305.
Judgment where there are issues in fact and issues in law, and where the
issues in fact are determined first, 307.
Judgment on demurrer to one count of the declaration in assumpsit on
which damages are assessed by the court, and a nolle prosequi to the
other counts, 308.
Judgment on demurrer to one count in the declaration in assumpsit, &c.
with award of inquiry thereon, and a relictà verificatione by defendant
as to the plea, 308; the like, in debt, with a relictâ verificatione and
remittitur damna, 309.
Judgment on demurrer in debt on bond, with suggestions of breaches, &c.
399; execution on a judgment on demurrer, 309.
Demurrer Book, 302-see" Demurrer."
Demurrer to evidence, when jury are discharged, 85; joinder, by defendant,
85; joinder, by plaintiff, 85.
Deposit with Sheriff in lieu of Bail, &c.
Affidavit for defendant to obtain the money out of court, 234; rule there-
on, 234; the like affidavit for plaintiff, 234; rule thereon, 235; notice
of defendant's intention to pay 101. into court, and to allow the sums
deposited in the sheriff's hands in lieu of bail to him, to remain in
court in lieu of special bail, 267; rule for paying into court 101. for
costs, and to allow sums deposited in the sheriff's hands in lieu of bail
to the sheriff to remain in court in lieu of special bail, 267.
Deputation to grant Replevin, 415.
Detinue, action of, præcipe in, 227; writ in, 228; postea in, 93; judgment
in, 105; execution in, 152.
Devastavit, return of nulla bona testatoris nec propria with a devastavit, to a fi.
fa. on a judgment against executor or administrator de bonis testatoris,
and et si non for costs against him de bonis propriis, 519; entry of,
upon roll, and award of fi, fa. or ca. sa. 519-see" Executor."
Devisee-see "Heir."
Dies datus-see" Continuances."
Direction of Writs-see the title of the different places and writs.
Discharge on a supersedeas, return of, 236.
Continuances of mesne process, 539; in ejectment after declaration and
before issue joined, 368, 379; after issue joined, and before verdict,
305; after demurrer, and before judgment, 303; when no longer re-
quisite, see 305, n. (b).
Rule to discontinue- before plea pleaded, 612; the like, after plea pleaded,
612; entry of discontinuance on roll, 612; execution for defendant,
613.
Distress for Rent, &c.-see "Replevin."
Distringas, to compel appearance, &c., 19—see "Summons, Writ of, to compel
Appearance."
Distringas, as execution in detinue, in Q. B. or C. P., 152; the like, in Exch.
Distringas nuper vicecomitem quod venditioni exponat, 164; the like, as to
part, and fi. fa. for the residue, 165.
Distringas after a pone per vadios, against defendant for not appearing in re-
plevin, 423; alias and pluries distringas in, 424.
Distringas Juratores, in Q. B. 70; the like, in Exch. 71; when a view is to
be had by a common jury in Q. B. 73; the like, by a special jury in
Q. B. 73; on rule for a view by a special jury in Exch. 74.
Docket Paper, of judgment, 108; in Q. B. 273, 281, 284, 291; in Q. B. on
a judgment by cognovit, 322; entry of, on docket-roll, in C. P. 322,
334; docket papers in scire facias, 473, 487; in Q. B. on entry of
writ of summons and award of an alias, 543; in Q. B. on entry of pro-
ceedings under interpleader act on record, 590; in Q. B. on judgment
of non-pros, 610; on cassetur breve, 613.
Docket Roll in C. P. entry on, 281.
Documents, notice requiring admission of in evidence, 52; admission there-
under, 54.
Double Costs, suggestion for, 645.
Double Rent, affidavit to hold to bail for, 213.
Durham, county palatine of-see "Palatine County," direction of writs to,
20, n. (a), 21, n. (b).
Eat inde sine die, judgment of-see" Judgment for Defendant."
Education, affidavit to hold to bail for, 214.
Ejectment-in ordinary cases, 357.
Notice to quit, by landlord, 357; notice by joint-tenant or tenant in com-
mon to determine tenancy of a moiety, &c. 358; notice to quit by te-
nant, 358; acknowledgment under 3 & 4 Will. 4, c. 27, s. 14, taking
effect as the possession of the person really entitled at the date of the
acknowledgment, 358.
Original writ, 358; sheriff's return thereto, 359.
Declaration by original, and notice to appear in Q. B. or C. P. on a single
demise, 359; the like, on two demises and one ouster, 360; the like,
with two ousters, 360; declaration by bill, in Q. B. 361; declaration
and notice to appear, in Exch. 362.
Affidavit of service of declaration and notice, 362; of service on tenant,
362; of service on several tenants on same day, 363; of service on se-
veral tenants on different days, 363; of service on wife, 363; of service
on one of tenant's family, 363; special affidavit where service was not
made in the regular way, 364; rule to show cause why the service
should not be deemed good service, 365; affidavit of service thereof,
365.
Rule for judgment against casual ejector, in Q. B. or Exch. 366; the
like, as to part of premises, 366; the like, where several tenants, 366;
the like, in C. P. 366.
Præcipe for appearance of casual ejector in ejectment by original, where
no appearance by tenant or landlord, 367.
Judgment against casual ejector in Q. B. by original, 367; the like, in
C. P. 367; the like, in Exch. 368; the like, in Q. B. by bill of a dif-
ferent term, with an imparlance, 368.
Execution against casual ejector, 368.
Consent rule by tenant or landlord, in Q. B. or Exch. 369; the like, in
C. P. 369; rule in Q. B. or Exch. for admitting landlord to defend,
370; the like, in C. P. 370; præcipe, for appearance, 371; bail-piece,
in Q. B. 371.
Cognovit in, 372; judgment for plaintiff on cognovit after issue joined,
372; the like, where the cognovit is only for part of the premises, and
defendant confesses mesne profits, 373; execution thereon, 374.
Warrant of attorney, to confess judgment in, 374.
Order for particulars, 374; particulars of premises, 374; particulars of
breaches on a forfeiture, 375.
Rule for staying proceedings, on payment of rent and costs, in Q. B. or
Exch. 375; the like, in C. P. 376; the like, on payment of mortgage
money, &c. in C. P. 376; rule for staying proceedings till guardian ap-
pointed for an infant lessor to answer costs, 376; the like, till security
be given for costs, 376; affidavit to ground motion for the name of one
of lessors of plaintiff to be struck out of declaration, on account that he
did not consent to its insertion, 377.
Consolidating ejectments, 377.
Judgment of non pros. for not replying, in Q. B. by original, 377.
Issue, by original, in Q. B. or C. P. 378; issue in Q. B. by bill, 378;
issue in Exchequer, and the like where the issue is or is not of a term
subsequent to declaration, with an imparlance, 379; notice of trial,
Nisi prius record, in Q. B. 379; in C. P. 380; in Exch. 380.
Rule for costs, for not proceeding to trial according to notice, in Q. B.
Affidavit on trial to induce judge to certify for immediate possession, 381;
judge's certificate on trial, for immediate writ of possession, 381.
Postea, for plaintiff on a nonsuit, for defendant not confessing lease, entry,
and ouster, 381; postea for plaintiff, on verdict, 382; postea, for plain-
tiff, where only a moiety is recovered, 382; postea, where part is found
for plaintiff and part for defendant, 382; postea, where jury find against
one defendant, and for another by reason of his not confessing lease, &c.
383; postea, for defendant, on verdict, 383; postea, for defendant, on
a nonsuit, 383.
Judgment, against the casual ejector, 384; on verdict for plaintiff, 384;
the like, where a moiety only is recovered, 384; judgment, where part
is found for plaintiff and part for defendant, 385; judgment on verdict
against one defendant, and for another by reason of his not confessing
lease, &c. 385; judgment, for defendant on verdict, or nonsuit, 385.
Rule for execution against casual ejector, in Q. B. or Exch. upon default
made by landlord at trial, 385; the like, in C. P. 386.
Affidavit of service on defendant of consent rule and allocatur, and of de-
mand and refusal to found attachment for costs, 386; the like, of ser-
vice, &c. on lessor of plaintiff, 336.
Ejectment-(continued.)
Habere facias possessionem, upon a single demise, 390; the like, upon a
double demise and one ouster, 390; the like, upon a double demise and
double ouster, 391; the like, on a single demise, in Q. B. or C. P. or
Exch. under 11 Geo. 4 & 1 Will. 4, c. 70, s. 38, where the judge certi-
fies for immediate execution, 391; habere facias possessionem, into a
county palatine, 392; habere facias possessionem against casual ejector,
393; fi. fa. or ca. sa. for damages and costs only, after a verdict for the
plaintiff, 393; habere facias and fi. fa. in one writ, in Q. B. by original,
after a verdict for the plaintiff, 393; the like, in C. P. 393; the like, in
Exch. 394; habere facias and capias ad satisfaciendum, in Q. B. after a
verdict for the plaintiff, 394; the like, in C. P. or Exch. 395.
Fieri facias, against the defendant for costs taxed on the consent rule, after
a nonsuit for not confessing lease, entry and ouster, 387; ca. sa. for the
same, 388; fi. fa. against the lessor of the plaintiff for costs taxed on
the consent rule after a nonsuit on the merits, 388; ca. sa. for the same,
389; fi. fa. against the lessor of the plaintiff for costs taxed on the con-
sent rule after a verdict for the defendant, 389; ca. sa. for the same,
390.
Attornment, 395.
Scire facias in, 460.
Ejectment, on a vacant possession, 396.
Letter of attorney to enter and seal lease, &c. 396; affidavit of executing
same, 396; lease, 396; declaration and notice to appear, 397; affida-
vit for rule for judgment, in Q. B. or Exch. 397; rule for judgment
against the defendant, præcipe for rule to plead, in C. P.; præcipe for
appearance of defendant; judgment against the defendant; habere
facias possessionem thereon, 398.
Ejectment, by landlord against tenant, under stat. 4 Geo. 2, c. 28..398.
Declaration and notice-same as 359 to 362; affidavit of service of decla-
ration and notice where premises are tenanted, 398; declaration and
notice, forms of, where premises not tenanted, are same as those that
are, the notice, however, being directed to tenant last in possession-see
forms, 359 to 362; affidavit of service of declaration and notice upon a
vacant possession, 399; rule for judgment against the casual ejector,
appearance, plea, and other forms-same as 366 to 395.
Ejectment, by landlord against tenant, under stat. 1 Geo. 4, c. 87..400.
Demand of possession, where tenancy expired by effluxion of time, 400;
the like, where tenancy expired by notice to quit, 400; declaration and
notice, 400; cognovit, 372; affidavit to obtain rule for bail, &c. where
tenant held under a lease under seal, 401; the like, where tenant held
from year to year under a written agreement, 402; indorsement of mo-
tion paper thereon, 403; rule nisi thereon, in Q. B. 403; affidavit of
service thereof, 404; rule absolute thereon, 404; affidavit of service of,
and of non-compliance therewith, 405; rule nisi thereon, in C. P. 405 ;
affidavit of service thereof, 405; rule absolute thereon, 405; affidavit of
service of, and non-compliance therewith, 406; rule thereon for judg-
ment against casual ejector, 406; recognizance of bail, 406; acknow-
ledgment of recognizance, 407; notice of filing recognizance, 407; no-
tice of exception to the bail, 407; other proceedings as to the bail, 407;
recognizance not to commit waste, &c. where judge stays execution, 407;
consent rule, 408; the issue, 408; nisi prius record, 408; jury process,
408; postea &c. on a nonsuit, 408; postea, &c. on a verdict for defend-
ant, 409; postea for plaintiff where defendant appeared at trial, 409;
judgment, 409; writs of execution, 409; fieri facias in Q. B. for da-
mages and costs, where the judge at the assizes certified for immediate
execution, 409.
Ejectment, by landlord against tenant, under the 11 Geo. 4 & 1 Will. 4, c. 70,
s. 36.
Declaration by original, in Q. B. or C. P. 410; the like, in Exch. by bill,
411; affidavit of service, &c. to entitle plaintiff to judgment against
casual ejector, 411; appearance and plea, 412; notice of trial, 412;
issue by original in Q. B. or in C. P. 412; the like, by bill, in Q. B. 412;
the like, in Exch. 412; other proceedings, 412.
Ejectment, sci. fa. in, 460.
Elegit, in Q. B. or C. P. 180; the like, in Exch. 181; the like, to a county
palatine, 182; mandate to sheriff of a county palatine, in pursuance of
an elegit, 182; non omittas elegit, 183; elegit on rule of superior
court for payment of money, 651; the like, on rule of superior court for
payment of money and costs, 652; elegit on judgment of inferior court
removed into superior court under 1 & 2 Vic. c. 110, s. 22..572; the
like, on an order for payment of money so removed, 573; the like, on
an order for payment of money and costs so removed, 574; return to
elegit that defendant has no goods or lands &c. 183; return and inqui-
sition where lands are extended, 183; the like, where defendant has no
goods, but lands holden in joint-tenancy are extended, 184; award of
elegit on roll, and return of inquisition thereon, 184; testatum elegit,
185; award of several writs of elegit into different counties, and on she-
riffs not executing them, award of other writs, 186; award of re-elegit,
187; writ of re-elegit, 187; entry of quashing inquisition for defects
therein, and award of new writ of elegit, 188; entry of award of fi. fa.,
and levy of part and award of elegit for residue, 188; elegit for residue
after a fi. fa. 189; warrant to take defendant's goods on elegit, 190.
Elisors, attachments against coroners directed to elisors, 239; award of venire
to, where both sheriff and coroner are interested, 49; suggestion that
sheriffs and coroners are interested, and award of venire to elisors, 636.
Elongata, return of, to a retorno habendo, 427.
Ely, direction of writ to justices &c. of, 561, note (a).
Ely, isle of, direction of writ is to sheriff of Cambridgeshire, 20, n. (a).
Enlargement of time &c.-see "Arbitration."
Enquiry-see "Inquiry, Writ of."
Entry of appearance, and memorandum of, on distringas, where defendant can-
not be met with, 22, 23.
Master's entry of bail in C. P. 248.
Of exception to bail in town, 252; the like in country, 263.
Of rule to reply or surrejoin in Q. B. 42.
Of verdict on a trial at bar in Q. B. 77.
In error, entry of the judgment and docket, 114; of non pros. for not
transcribing, 114; of non pros. in Exchequer Chamber, for not assign-
ing errors, 114; of the proceedings upon original judgment-roll, 115;
of judgment of affirmance, 128; of judgment of reversal upon a writ
of error by plaintiff, with award of inquiry, 123; of return of writ of
inquiry and final judgment, 124, &c.-see" Error."
Of fi. fa. and testatum, with return of nulla bona as to part of the roll,
175; of fi. fa. with return of nulla bona and award of another fi, fa.
176; of fi. fa. and return of nulla bona and award of ca. sa. 177.
Of venditioni exponas, and return and award of fi. fa. for the residue, 177.
Of elegit and return, 184; several elegits, 186; re-elegit, &c. 187; of
quashing inquisition for defects therein, and award of a new writ of
elegit, 188; of fi. fa. and levy of part and award of elegit for residue, 188.
Of ca. sa. and testatum and award, 200.
Of render and commitment in Q. B. 270.
Of exoneretur to bail, in Exch. 270.
Of the recognizance of bail upon the roll in Q. B. in action commenced
by writ of capias, 272; the like, in C. P. 272; the like, in Exch. 273.
Of judgment against bail in Q. B. by default, where no appearance by
bail, 279; the like, on default after appearance, 282; the like, in C. P.
on default where no appearance, 280; the like, in Exch. 281; on docket
roll, 281; of judgment by default for want of a plea, after appearance,
Of the recognizance in error from the Q. B. 288; the like, in error from
|