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Demand-(continued.)

Of joinder in demurrer, 302.
Of term and number of the roll on pul tièl record of same court pleaded,

311.
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.

Particulars of, 596-see Particulars of Demand.
Demand and refusal of costs, 633–see“ Costs.
Demise-see“ Ejeciment.
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 demurier, 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,

302. 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 rejoinder, 304; the like, on a demurrer to a replication or plea in abate

ment, 304; the like, on a demurrer to a plea in abatemeni, 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 ihereon, and a relictà verificatione by defendant as to the plea, 308 ; the like, in debt, with a relictâ verificatione and

remittitur dampa, 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 10 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, precipe 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. Devastavit-(continued.)

fa. on a judgment against executor or administrator de bonis testatoris,
and et si pon for costs against him de bonis propriis, 519; entry of,

upon roll, and award of fi. fa. or ca. sa. 519---see“ Erecutor."
Devisee-seeHeir."
Dies datus-see“ Continuances."
Direction of Writs-see the title of the different places and writs.
Discharge on a supersedeas, return of, 236.
Discontinuance, 612.

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.---seeReplevin." Distringas, to compel appearance, &c., 19—seeSummons, Writ of, to compel

Appearance." Distringas, as execution in detinue, in Q. B. or C. P., 152; the like, in Exch.

153. 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 proceedings 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—seePalatine County,” direction of writs to,

20, n. (a), 21, n. (b).

E.

Eat inde sine die, judgment of-see“ Judgment for Defendant.
Education, affidavit to hold to bail for, 214.
Ejectment--in ordinary eases, 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 tenant, 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 several tenants on different days, 363; of service on wife, 363 ; of service

Ejectment—(continued.)

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. Plea, 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,

379.
Nisi prius record, in Q. B. 379; in C. P. 380; in Exch. 380.
Jury process, 380.
Rule for costs, for not proceeding to trial according to notice, in Q. B.

381.
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 plaintiff, 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 noosuit, 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 Ejectment-(continued.)

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 service, &c. on lessor of plaintiff, 386.

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; babere 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 u 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 ; affidavit 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 potice, 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 ; atidavit 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; aftidavit 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 motion paper thereon, 403 ; rule pisi 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 ; acknowledgment of recognizance, 407 ; notice of filing recogoizance, 407; notice 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 defendant, 409; postea for plaintiff where defendant appeared at trial, 409; judgment, 409; writs of execution, 409; fieri facias in Q. B. for damages and costs, where the judge at the assizes certified for immediate

execution, 409. Ejectment, hy 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

Ejectment-(continued.)

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 inquisition where lands are extended, 183; the like, where defendant bas 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 sheriffs pot executing them, award of other writs, 186; award of re-elegii, 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 ti. 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 6. 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 appearaoce, 280; the like, in Exch. 281 ; on docket roll, 281; of judgment by default for want of a plea, after appearance,

282. Of the recognizance in error from the Q. B. 288; the like, in error from

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