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Fieri Facias-(continued.)

venditioni exponat, 164; distringas nuper vicecomitem quod venditioni exponat as to part, and fi. fa. for the residue, 165; venditioni exponas to a county palatine, 166; venditioni exponas to the county after a levy of part, and fi. fa. for the residue, 167. Warrant on a fi. fa. in debt, 168. Rule or order to return the writ, in term, 168; judge's order to return writ

in vacation, 169; affidavit of service of rule to return writ, &c. 169; the like, of service of judge's order, 169; rule for attachment for not returning the writ, 169; attachment against sheriff for not returning the writ, in Q. B. 170; the like, in C. P. 170; the like, in Exch. 170; rule on coroners to return attachment, in Q. B. 171 ; the like, in C. P. 171 ; attachment against coroners directed to elisors, in C. P. 171; rule for habeas corpus to bring in the body of sheriff, in Q. B. 171 ; writ of

habeas corpus thereon, 171. Return of fieri feci, 172 ; of mandavi ballivo, 172 ; of fieri feci for part,

and nulla bona as to residue, 172 ; of fieri feci for part, and that sheriff has paid part of sum levied to the landlord for rent, and retains for poundage, &c. 173; the like, for rent and taxes, to be annexed to the writ, 173; the like, for taxes only, 173 ; that the goods taken were let to defendant, and remain in sheriff's hands for want of buyers, 174 ; that the sheriff has taken goods which remain in his hands for want of buyers, 174; the like, where part of the goods have been sold, and the rest remain in hand, &c. 174 ; of nulla bona, 175; the like, and that

the defendant is a beneficed clerk, 175. Entry of fi. fa. and testatum, with return of nulla bona as to part on roll,

175; entry of fi. fa. on the roll, with return of nulla bona, and award of another fi. fa. 176; entry of fi. fa. and return of nulla bona, and award of capias ad satisfaciendum, 177; entry of venditioni and return,

and award of fi. fa. for the residue, 177. Bill of sale from sheriff of goods taken on a fi. fa. 178. Condition of bond to indemnify sberiff for selling under a fi. fa. 178 ;

condition of bond of indemnity to sheriff for abandoning goods, and re

turning nulla bona, 179. Proceedings by sheriff &c. in case of adverse claims, 180-see“ Inter

pleader.' Fieri facias, in particular cases.

Against member of a joint stock company, after judgment against public

officer, 646 ; against bail in Q. B. on scire facias, &c. 284 ; against executor or administrator, 518, &C.-see “ Executor.” Against inhabitants of a hundred, 498 ; on non pros. for not declaring, 610; the like, for not replying, 611; the like, for not surrejoining, 611; on judgment of nonsuit, 88 ; on judgment as in case of nonsuit, 619; on rule of superior court for payment of money, 650 ; for payment of money and costs, 650 ; on consent rule, 387 and seq.; on judgment of interior court removed under 1 & 2 Vict. c. 110, s. 22..569; on rule of inferior court so removed, 570, 571. In error-see " Error ;" on consent rule or judgment ejectment, 387, &c.--see " Consent Rule,”—" Eject.

In replevin, 433, 436, &c.--see “ Replevin.Fieri facias de bonis ecclesiasticis, 533. Final process---see Fieri facias”_" Elegit”—“ Capias ad satisfaciendum"

-Habere facias possessionem." Fines, affidavit to hold to bail for, on admission to copyhold premises, 213. Fixtures, affidavit to hold to bail for, in general, 214; the like, by outgoing

tenant for fixtures, improvements, &c. 213. Foreigner, jurat, &c. of affidavit sworn by, 208. Formà pauperis, petition to sue in, 536 – see " Pauper.” Freehold premises sold, affidavit to hold to báii for, 212. Freight, &c. affidavit to hold to bail for, 215; the like, on a charter-party, 220. Furnished apartments, affidavit to hold to bail rent, &c. 212.



Gaoler, certificate of, of causes, 505; affidavit of gaoler's signing thereof in

Q. B. or C. P. 505; demand of perusal and copy of warrant from, 532. General issue- see Pleas." General verdict-- see Postea." Gloucester, direction of writs to sheriffs of, 20, n. (a). Goods sold and delivered, affidavit to hold to bail for, 214; the like, for hire

of, &c. 215; the like, for carriage of, by land, 215; the like, for ton

page of, 215; the like, for lighterage of, 215. Goodwill of business, athidavit to hold to bail for, 213. Grass, eatage of, affidavit to hold to bail for, 213. Guarantee, affidavit to hold to bail on, 220. Guardian, petition to defend by, 526 ; consent of guardian thereto, 527; affi.

davit of signature lo such petition and consent, 527 ; other forms-see Infant."


Habeas corpora to coroner, rule for, to bring in body of sheriff, 171; writ of

habeas corpus thereon, 171. Habeas corpora juratorum in C. P. 70; ibe like, on rule for a view, 74. Habeas corpus, to remove cause from inferior court, writ of, 563 , rule or order

for procedendo to compel defendant 10 put in common bail, 563 ; common bail-piece in Q. B. 563; the like, in C. P. 564 ; notice of bail. piece being filed, 564 ; procedendo, writ of, 564 ; declaration in Q. B.

after removal, 564; the like, in C. P. 565; the like, in Excb. 565. Habeas corpus cum causâ, to remove prisoners to custody of marshal or war

den, 561; return of delivery over on, to marshal, 236; by bail to bring

up the principal, if in custody on criminal account, 271. Habeas corpus ad respondendum, in Q. B. or C. P. 562. Habeas corpus ad satisfaciendum, 562 ; to warden in C. P.502; entry of com

mittitur on, 502. Habeas corpus ad testificandum, præcipe for, 57; the like, before examiner,

63; form of writ, 57; the like, before a commissioner, 63; affidavit to

obtain, 56. Habere facias possessionem, upon a single demise, 390; the like, upon a dou.

ble demise and one ouster, 390 ; the like, upon a double demise and a double ouster, 391 ; the like, on a single demise in Q. B. or C. P. or Exch. under 11 Geo. 4, and I Will. 4, c. 70, s. 38, where judge certifies for immediate execution, 391; babere facias possessionem, into a county palatine, 392 ; the like, against casual ejector, 393; hab. fac. and fi fa. in one writ in Q. B. by original, after a verdict for plaintiff, 393; the like, in C. P. 393; the like, in Exch. 394; hab. fa. and ca.

sa. in Q. B. 394; the like, in C. P. or Exch. 395. Hales Owen Court of Request, suggestion under the court of requests' act for,

643. Haverfordwest, direction of writs to sheriff of, 20, n. (a). Heirs and devisees, actions against, on bond, &c. of ancestor, 523.

Proceedings until judgment, 523 ; judgment on verdict against heir on

bond of his ancestor, 523; extent against heir upon a special judgment

against hiin, 523; the like, on a general judgment, 524. Scire facias for plaintiff against heir and tertenants on death of sole de

fendant, after final judgment and before execution, 477 ; the like, against ter tenants, 478; sci. fa. against heir and tertenants of a deceased defendant on a judgment against deceased and his heir presumptive, 478; return of nihil to scire facias against heir and tertenants, 479 ; of pihil as to heir and sci, feci to tertenants of one defendant, and nihil as Heirs, &c.—(continued.)

to heir and tertenants of another, 480 ; sci. fa. against a surviving defendant, and heir and tertenants of another, 492; the like, on a judg

ment of assets quando, &c. 524. Hire of property, &c. affidavit to hold to bail for, 215. Horse-keep, stabling, &c. affidavit to hold to bail for, 214. Horses, cattle, &c. sold and delivered, affidavit to hold to bail for, 214; the

like, for hire of, &c. 215; the like, for money on exchange of, 215; the

like, for work with horses, carriages, carts, &c. 215. Hundredors, actions by and against, 498; fi. fa, against inhabitants of, 498. Husband and wife, actions by and agaiast, 528.

Affidavit to hold to bail by wife in action by husband and wife, on cause

of action before marriage, 210; the like, against husband and wise, on

cause of action against wife before marriage, 210. Writ of error, as to, 143. Scire facias by, on a judgment recovered by wife dum sola, 493; the like

against husband and wife, upon judgment recovered against wife dum
sola, 493; the like, for a feme who survived her husband, against an
executor, the original action having been by both husband and wife,

Other proceedings, 528.


Idiots, actions by and against, 530.
Increased costs, affidavit of, in a special jury cause at assizes, 629; the like,

in a common jury cause in town, 630. Indebitatus count, in assumpsit

, for goods sold, work and materials, money lent, &c. interest and account stated, 27; the like, in debt, 27. Indorsement, on writ of summons, 16; on writ of capias, 229; on writ of trial

before delivery to the sheriff, 80; on writ of trial, of the verdict, 82 ; the like, where a nonsuit takes place, 82; on writ of summons against member of parliament subject to bankrupt laws, 497 ; on fi, fa. 149;

on ca. sa. 190. Infants, actions by and against,

Process, 525; petition to sue by prochein ami, 525; prochein ami's con

sent thereto, 525; affidavit of signature to petition, and consent, 526 ; judge's order for a rule thereon, 527; rule of court thereon in Q. B. or C. P. 526; the like, in Exch. 526; petition to defend by guardian, 526 ; consent of guardian thereto, 527 ; affidavit of signature to such petition and consent, 527; judge's order for a rule thereon, 527; rule of court thereon, 527 ; general admission to prosecute, defend, &c.

527. Declaration by an infant, 527; commencement of plea by, defending by

guardian, 41; plea by, 528; security for costs, 528; other forms,

528. Inferior court, removal of causes, &c. from, 563 et seq.-see " Removal of

Causes from Inferior Courts "-" Certiorari”- _ Habeas Corpus
Error from-see Error from Inferior Courts to Q. B.”—see also

Court of Requests”—Suggestions." Inquiry, writ of, in ordinary cases,

Form of writ, 335; the like, into a county palatine, 336; in trespass, after

plea of not guilty, and a nolle prosequi as to part and judgment by nil

dicit for residue of trespasses, 336. Rule nisi to have the inquiry executed before the chief justice or a judge

at the assizes, 337; affidavit of service of rule, 337 ; judge's fiat for it in vacation, 337; judge's order for a good jury, 337. Notice of inquiry in London, 338; the like, in Middlesex, 338 ; the like,

in the country, 338 ; the like, before the chief justice or chi baron, 338; the like, at the assizes, 338; the like, conditionally, on a demurrer Inquiry-(continued.)

or issue of nul tiel record, 338 ; notice of continuance, 339; notice of

countermand, 339; notice of attending by counsel, 339. Præcipe for subpuena, on writ of inquiry, 339; subpæna, 339; subpæna

ticket, 340. Inquisition and return on writ of inquiry, 340; sheriff's return to be

indorsed thereon, 340. Under-sheriff's certificate on writ of inquiry that judgment ougbt to be

stayed, &c. 341; the like, where judgment is stayed for a certain nun. ber of days only, to give the defendant an opportunity to apply to a judge

or baron, 341. Summons for staying judgment on writ of inquiry executed in vacation,

341; order thereupon, 341.

Entry of the judgment on the roll, 341. Inquiry, writ of, in debt on bond, 344—see“ Bond.Inquiry, writ of, in error, 123—see Error." Inquiry, writ of, in replevin--seeReplevin.Inquisition-seeInquiry, Writ of "— Return and inquisition in elegit, 183,

&c.-see “ Elegit"-entry of, quashing inquisition for defects therein, and award of new writ, 188; inquisition and return on writ of inquiry in general, &c. 340-see " Inquiry"—the like, in debt, on bondsee Inquiry in Debt on Bond"--inquisition and return to inquiry in replevin, 432, &c.—see “ Replevin”- -on return of devastavit, &c. to scire feci inquiry in Q. B. after a return of nulla bona testatoris, 522;

on return to special capias utlagatum, 550. Insolvent Debtor, affidavit to hold to bail by assignee of, 211; proceedings by,

when in prison---seePrisoner.Inspection or copies of written instruments, 595; affidavit to ground a motion

to obtain inspection of an agreement, 595. Insurance, affidavit to hold to bail for work done as insurance broker, 216; the

like, for premiums of, 216; the like, on policy of, 220. Interest, affidavit to hold to bail for, 217; notice of motion for, in error,

119; reference to compute-seeReference to compute." Interlocutory Judgment by default, 328, &c.; in debt on bood, 344, &c.; upon

demurrer, &c. 303, et seq.; upon nul tiel record, 315; notice to set aside

interlocutory judgment, 603. Interpleader.

Atfidavit by defendant to obtain rule to require third person to appear and

maintain &c. his claim, 586; rule thereon for party to appear, &c. 587; rule thereon, ordering third party to be made defendant in the action, 587; affidavit of service of rule where the third person does not appear in order to bar his claim against defendant, 587; rule of court thereon,

barring the third person of his claim against defendant, 588. Affidavit on behalf of sheriff, to obtain relief on execution of process on

goods, where action brought against him by adverse claimant, 588; rule thereon, calling on plaintiff in original action to appear and maintain, &c. his claim on the goods, 589; rule thereon, ordering plaintiff in original action to be made defendant instead of sheriff, 589; affidavit of service of rule, 589; summons at instance of sheriff calling upon plaintiff

and claimant to appear and maintain their claims, &c. 589. Entry of proceedings on record, 590 ; docket paper thereon, in Q. B. 590;

notice of costs after taxation, 590; fieri facias for the costs, 590; capias

ad satisfaciendum for, 591. Interpreter's Oath, &c. 208. Interrogatories, 57, &c.; for plaintiff, 62; for defendant, 62; the like, to cross

examine a witness, 62; the like, for examination of witnesses before commissioners in Ireland, 63; the like, to examine witnesses in India on 13 Geo. 3, c. 63, s. 44, and 1 Wm. 4, c. 22..65—see further

Evidence.Inventory of goods distrained for rent, 413. Irregularity-see“ Setting aside Proceedings."

Issue in general, &c.- For the forms of issues in particular actions, see the titles

of those actions. In action commenced by writ of capias, summons, or detainer, 43. Award of venire where several issues in fact, 44; the like, where several

defendants who plead separately, 44; the like, where one of several defendants suffered judgment by default in an action on promises, 44; the like, in assumpsit, where defendant suffers judgment as to part, 45; the like, in debt, 45; the like, in trespass, 46; award of venire, where several issues, one triable by country, and another by the court on nul tiel record, 46 ; the like, where issues in law and in fact, and you intend trying issues in fact first, 46; the like, where demurrer has been deter

mined first, 47. Award of venire tam ad triandum, quam ad inquirendum, with suggestion

of breaches in debt on bond where defendant pleads a plea not leading
to an issue on the breaches, and the condition of the bond is not set
forth in the pleadings, 47; the like, where the condition of the bond has
been set forth, 48; the like, where the breaches are assigned in the

pleadings, 48.
Award of venire when venue laid in Berwick-upon-Tweed, 48.
Award of mittimus to a county palatine, 48.
Award of venire to one of two sheriffs, where the other is interested in suit,

635; the like, to coroner, where only one sheriff, and he is interested,
636; the like, where the sheriff is next of kin, 635; the like, to elisors,

where both sheriff and coroner are interested, 636. Award of venire and suggestion for trial in adjoining county, 49; the like,

when venire is laid in a city or town corporate, 49; the like, and sug

gestion of death of either party, 49. Notice of having struck out the similiter, and of having demurred when

issue is delivered, 50. Rule nisi, in Q. B. or Exch. to have the issue tried before the sheriff, &c.

79; the like, in C. P. 79. Issue, on trial before the sheriff, 79. Issue, in scire facias, 283, 473. Issue, in abatement, 299. Issue, on demurier to part, 46. Issue, on nul tiel record, 312- see Nul tiel Record.Issue, in ejectment, 378, 379, 408, 412-see “ Ejectment." Issue, in replevin, &c. 448--see Replerin.Issue, against executors or administrators, 515. Issue, feigned, 295m-see Feigned Issue.” Issues on Distringas, return of issues, 23; rule nisi for sale of, in Q. B, or Exch.

24; the like, in C. P. 24; authority to restore issues on appearance, 24.


Joinder, in demurrer to evidence, 85; in error, 119, &c.—see " Error ;" in

murrer to a declaration, 302; demand of joinder in demurrer, 302;

notice of inquiry on back of, 302. Joint Stock Company, suggestion after judgment against public officer, in order

to have execution against a member, 646; execution thereon, 646. Judgment, &c. after verdict.

Por plaintiff after trial by sheriff, 83; judgment for plaintiff, on a verdict

in assumpsit, 102; the like, where the cause was tried in a county pala tine, 102 ; the like, where the judge certifies for immediate execution, under 1 Wm. 4, c. 7..103; judgment according to the very right and justice of the case where the facts have been found specially, under 3 & 4 Wm. 4, c. 42, s. 24..103; for plaintiff in debt, 103; in debt on bond, where damages were assessed on 8 & 9 Wm. 3, c. 11, s. 8.. 104; in debt qui tam, where part is found for plaintiff and part for defendant,

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