104; the like, when plaintiff is entitled to costs, 104; for plaintiff in
covenant, 105; in detinue, 105; in case or trover, 105; in trespass, 105;
in replevin, 105; in ejectment, 105; where several issues, and all found
for plaintiff, 106; on a consolidation rule after verdict against the defen-
dant in the principal cause, 578; on a verdict against an heir on bond of
ancestor, 523.
For plaintiff upon a plea of tender as to part, and non assumpsit as to
residue, 106; where one issue is found for plaintiff and another for
defendant, 106; on a verdict for plaintiff on one count and for de-
fendant on another, with a nolle prosequi as to a third count found for
plaintiff, on which no damages were assessed, 106; where one de-
fendant is found guilty and another acquitted, and judge certifies to
deprive the acquitted defendant of his costs, 107; the like, where
judge does not so certify, 107; where there are issues in fact and in
law, and issue in fact was tried first, and found for plaintiff, and the
demurrer was afterwards decreed for defendant, and it went to whole
cause of action, and plaintiff's costs exceed defendant's, 107.
For plaintiff with suggestions of death, &c. 108.
For defendant in general, 108.
Docket paper of judgment, 108.
Register of judgment, &c. under 1 & 2 Vict. c. 110, s. 19..109; memorial
of registry of judgment in Middlesex or Yorkshire, 109; certificate of
master thereon, 109; affidavit of signature, 109.
Judgment when a juror is withdrawn, 78.
Judgment on a nonsuit, 87.
Judgment on a special verdict, 90.
Judgment on a special case, 91.
Judgment in error-see "Error."
Judgment of non pros.-see
Judgment by default, 282, 328, et seq.—see
Judgment in abatement, 300-see "Abatement."
Judgment on demurrer, 303-see "Demurrer."
Judgment on plea of nul tiel record, 310-see "Nul tiel Record."
Judgment by cognovit, 320, et seq.-see Cognovit."
Judgment on warrant of attorney, 326-see
Judgment in ejectment-see" Ejectment."
Judgment in replevin-see “ Replevin.”
Judgment in scire facias-see "Scire Facias."
Judgment against executors or administrators-see "Executor."
Judgment as in case of a nonsuit, 619, &c.-see "Nonsuit, Judgment as in
case of."
Judgment non obstante veredicto, 624, 625.
Judgment, arrest of, 626-see" Arrest of Judgment."
Judgment in Inferior Court-see "Inferior Court."
Judgment, false, writ of, 437.
Judgment recovered, plea of, 41; in a different Court, 310; replication to, 43.
Judgment of a Superior Court, affidavit to hold to bail on a, 224; on, by
an executor, 224; against an executor, on a judgment by plaintiff after
a devastavit, 224; notice of motion to set aside judgment and execution,
and that the money levied be restored, 604.
Jurat upon an arbitration, 664; memorandum for, 665.
Jurata abolished, except perhaps in ejectment or replevin-see " Ejectment”—
"Replevin."
Juror, challenge to array, 84; postea, &c. where juror withdrawn, 98; order of
reference at nisi prius where juror withdrawn, 658.
Jury Process, in general, 68.
Venire facias juratores, 68; the like, where one defendant pleads and ano-
ther suffers judgment by default, 69; the like, where several issues,
some to be tried by country and others by the record, 69; the like,
where several issues in fact and in law, and the jury are to assess
Jury Process-(continued.)
contingent damages on latter, 69; the like, when breaches are suggested
in debt on bond after plea pleaded on 8 & 9 Will. 3, c. 11, s. 8..70.
Venire facias de novo, 70.
Distringas juratores, in Q. B. 70; the like, in Exch. 71.
Habeas corpora juratorum, in C. P. 70.
Rule for special jury, 71.
Rule for a view by a common jury, in Q. B. 72; the like, by a special
jury, in Q. B. 72; distringas juratores 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;
rule for a view, in C. P. 73; habeas corpora juratorum thereon, 74;
rule for a view by a special jury, in Exch. 74; distringas juratores
thereon, 75.
Jury Process, in abatement, 299.
Jury Process, in error-see" Error."
Jury Process, in trial by proviso, 615.
Jury Process, in ejectment, 380, 480.
Jury Process, in replevin, 448.
Jury Process, in scire facias, 473.
Jury Process, against executor or administrator, 515.
Jury, challenge to the array, 84.
Justice of the Peace, notice of action to, by attorney of party injured, 531;
the like, by party himself, 531; affidavit of signature of Scotch magis-
trate, 208.
Justification of Bail-see" Bail."
Kingston upon Hull, direction of writs to sheriff of the town and county of,
20, n. (a).
Knight, suggestion that plaintiff has been knighted, 641; the like, as to defend-
ant, 641.
Labour-see" Work and Labour."
Lancaster, county palatine of—see “ Palatine County;" direction of writs to,
20, n. (a), 21.
Landlord-see" Ejectment"-" Replevin"—" Rent."
Languidus, in prisonâ, returns of, 199, 237.
Lease, affidavit to hold to bail for rent on, 223; of outlaw's land, petition to
Lords of Treasury for, 552; on ejectment on a vacant possession, 396.
Leasehold premises assigned, affidavit to hold to bail for, 212.
Letter of Attorney, to enter and seal lease in ejectment on a vacant possession,
396; affidavit of executing same, 396; to demand costs in Exch. 633;
affidavit of demand of costs thereon, refusal of payment, and execution
of letter of attorney, 633.
Levari facias, 190; after outlawry for levying issues, &c. of the land, 552;
against heir, 523.
Lighterage of goods, affidavit to hold to bail for, 215.
Limitations, entry on roll to save statute of—see “ Entry on Roll to save Statute
Lincoln, direction of writs to sheriffs of, 20, n. (a).
Litchfield, direction of writs to sheriff of the city of, and the county of the same
Local Action-see "Suggestion"-
London, direction of writs to sheriffs of, 20, n. (a).
London, notice of trial in, 50.
London, affidavit to set aside a regular attachment on the part of the sheriffs of,
where defendant has rendered, 244.
London, mayor's court of, direction of writs to, 561, n. (a).
London, sheriffs' court of, direction of writs to, 561, n. (a).
Lords, error to the House of-see "Error."
Lords' Act-(Repealed by 1 & 2 Vict. c. 110, s. 119.)
Lords of Treasury, petition to, for lease of outlaw's land, 552; the like, to have
produce of outlaw's goods made over to plaintiff, 553; reference thereon
to solicitor of Lords of Treasury, 554.
Lunatics, actions by and against, 530.
Magistrate-see "Justice of the Peace."
Mandamus, affidavit for obtaining writ in nature of mandamus to examine wit-
nesses in India on 13 Geo. 3, c. 64, s, 44, and 1 Will. 4, c. 22..64;
rule of court thereon, 64; mandamus thereon, 64; interrogatories
thereou, 65.
Mandate to sheriff in county palatine of, 232.
Mandavi Ballivo &c. return of, 172, 199.
Manor, affidavit to hold to bail for work done as steward of, 216.
Mares, affidavit to hold to bail for covering of, 215.
Marriage-see" Husband and Wife."
Marshal-see" Prisoners, Proceedings against"—" Detainer."
Master-note in writing of the bail for Master in C. P. 248, 265; Master's
entry of bail in C. P. 248, 265; bail-piece if Master cannot attend, 248.
Master, reference to, affidavit for rule to compute on a bill, 342; rule nisi
thereon in Q. B. or Exch. 342; the like in C. P. 342; rule absolute
thereon, 343; affidavit of service of rule, 343; judge's or baron's
fiat for the rule in vacation, 343; judgment by nil dicit in assumpsit
on a bill or note and other counts, with a remittitur damna as to the
latter, the damages on the former being assessed by the court, 343;
execution thereon, 344.
Master, certificate of, on memorial of the registry of judgment in Middlesex
or Yorkshire, 109; affidavit of signature thereon, 109.
Mayor's Court of London, direction of writs to, 561, n. (a).
Members of Parliament and Peers, actions by and against, 496; proceedings
against, in ordinary cases, 496; proceedings against, when subject to
the bankrupt laws, 496; affidavit of debt, 496; bond, 496; writ of
summons, 496; indorsements thereon, 497.
Memorandum, for rule for judgment on copies of proceedings for the judges
in error, 146; for rule to plead, 282; for appearance, 22; of tenant's
consent to landlord's continuing in possession, 414; of appraiser's
oath, 414; of state of cause, in Q. B. 268; for rule to appear on re.
fa. lo. in replevin, 419; for jurat, 665-see" Præcipe."
Memorial, of registry of judgment in Middlesex or Yorkshire, 109; certificate,
&c. of Master thereon, 109; of registry under 1 & 2 Vict. c. 110, s. 19
..109.
Merits, affidavit of, 242, 244.
Mesne Process-see "Capias"—" Summons"-motion to set aside, 603; no-
tice not to appear to, 605; continuance of, 612.
Mesne Profits, affidavit to hold to bail in trespass for, 226; judge's order to
hold to bail thereon, 226; particulars of demand in an action for, 599.
Messenger, affidavit to hold to bail for work done as, 217.
Middlesex Court of Conscience Act, suggestion on, 643.
Middlesex, direction of writ to sheriff of, 20, n. (a); notice of trial in, 50;
notice of inquiry in, 338.
Middlesex, memorial of registry of judgment in, 109; certificate of the Master
thereon, 109.
Minute of render and commitment, in Q. B. 269; the like, in Exch. 269.
Misericordia, in a judgment, 102, 103.
Misnomer in declaration, affidavit of, to ground application to compel amend-
ment of declaration, 627; summons by defendant to obtain a judge's
order to amend, 627; affidavit in support thereof, 627.
Mittimus, award of, to a county palatine, 48; writ of, to a county palatine,
66; the like, after a rule for a view by a special jury, 67; writ of, on
writ of certiorari, from Chancery to Q. B. 314.
Money, affidavit to hold to bail for money lent, 217; the like, for money paid,
217; the like, for money received, 217; the like, for interest, 217; the
like, on account stated, 217; the like, for money awarded under an
order of nisi prius, 221.
Money bond, affidavit to hold to bail on, 221; the like, by executors of surviv-
ing executor, 222.
Money, payment of, into court, 580-see" Payment into Court"-Deposit
with Sheriff."
Mortgage, affidavit to hold to bail on, 223; the like, by assignee of mortgagee,
223; the like, by assignee of a mortgagee deceased, 224.
Motions and rules-see the different particular titles throughout this Index.
Notice of motion, 648; affidavit of service of, 648; affidavit in support
of, or against, 648; rule nisi, in Q. B. 649; the like, in C. P. 649;
the like, in Exch. 649; affidavit of service of rule nisi, 649; rule ab-
solute, 649; judge's fiat for a rule in vacation, 650; memorandum or
minute in pursuance of 1 & 2 Vict. c. 110, s. 19..650; fi. fa. on rule
for payment of money, 650; the like, for money and costs, 650; elegit
on rule for payment of money, 651; the like, on rule for payment of
money and costs, 652; execution on consent rule-see "Consent
Rule."
New assignment-præcipe for rule to plead to, in Q. B. 38; rule thereon, 38;
præcipe for rule to rejoin, or rebut, or plead to new assignment, in
C. P. or Exch. 42.
New trial-rule nisi for, in Q. B. 622; the like, for setting aside a verdict,
and entering a nonsuit, or for a new trial in C. P. 622; rule nisi in
Exch. for a new trial, stating grounds of motion, 622; note in writing
to be delivered to chief justice or chief baron after obtaining rule nisi
for a new trial, 623; nisi prius record, &c. on new trial, 633.
Newcastle-upon-Tyne, direction of writs to sheriff &c. of, 20, n. (a).
Nient dedire, statement of, in a suggestion, 635, &c.
Nihil, return of &c. 463, &c.-see" Scire Facias"-" Returns."
Nil dicit-judgment by, in assumpsit, case, or trespass, where the damages
are assessed by a writ of inquiry, 328; in debt, 329; in detinue, with
award of inquiry, 329; judgment by, with award of inquiry into county
palatine, 330; in trespass, on a new assignment, where there are no
pleadings on which issue has been taken, 330; by nil dicit, as to one
count, and nolle prosequi to two others after plea in debt on statute,
330; by nil dicit, with a remittitur of part of the damages, at the re-
turn of the inquiry, 331.
Nisi Prius record, in general;-nisi prius record in ordinary cases, 66; for a
trial in the county palatine of Lancaster in Q. B, or C. P. 66; mittimus
to a county palatine, 66; the like, after a rule for a view by a special
jury, 67; nisi prius record after judgment for plaintiff on demurrer,
where issues in law and fact, 67; commissioner from the Exch. for the
trial of a cause at the assizes, 68.
Nisi Prius record, in ejectment, in Q. B. 379; in C. P. 380; in Exch. 380.
Nisi Prius record, in replevin, 448.
Nisi Prius record, in scire facias, 473, 485.
Nisi Prius record, against executor or administrator, 515.
Nisi Prius record, &c. on new trial, 623.
Nisi Prius record, in error, 148.
Nisi Prius, trial at-postea where juror is withdrawn, 78; judgment thereon,
Nolle prosequi, entry of, to whole declaration, 620; the like, to a particular
count or counts, 620; the like, to a particular part of the declaration,
to which defendant pleads, but suffers judgment by default as to the
rest, 620; the like, as to one of several defendants, 621; execution for
defendant for the costs, 621; entry of a retraxit, 621.
Non assumpsit, plea of, 40; postea for plaintiff on, except as to sum tendered,
95; the like, by one of several defendants where another has let judg-
ment go by default, 95; postea on verdict for defendant on, 98; judg-
ment on, 102.
Non bailable actions, proceedings in-see" Summons, Writ of."
Non est factum, plea of, 41.
Non est inventus, return of, 199, 539;
return of cepi corpus as to one de-
fendant, and non est inventus as to another, 199; of nulla bona and
non est inventus to distringas, 22.
Non-joinder, plea, &c. of, of a co-defendant, 298; replication thereto, denying
the joint contract, 299.
Non obstante veredicto, judgment, 624, 625.
Non omittas, clause of, in a capias, 228; in a fi. fa. 159; in an elegit, 183;
in a ca. sa. 195.
Non pros.-judgment of, for not declaring on a writ of summons, 606; for not
declaring on a writ of capias, 607; for not declaring where defendant
was discharged out of custody on entering a common appearance, 607;
for not declaring on a bailable writ into county palatine of Lancaster,
607; for not declaring in debt qui tam in Q. B. 608; for not replying
to, 608; the like, for not replying to part of causes of action, 608;
in Q. B. for not delivering a particulars of plaintiff's demand under a
judge's order, after plaintiff had declared, 609.
Docket paper, in Q. B. 610.
Fi. fa. on a non pros. for not declaring, 610; the like, for not replying,
611; the like, for not surrejoining, 611.
Non pros., judgment of, in error, 114, 129, 144, 148-see "Error."
Non pros., judgment of, in ejectment, 377.
Non pros., judgment of, in replevin, 429, 438, 442- -see Replevin."
Non pros., judgment of, for not declaring in outlawry, 557.
Nonsuit, postea on, 87; the like, in trespass against a peace-officer, 87; in-
dorsement on writ of trial in case a nonsuit takes place, 82; judgment
on, 87; fi. fa. thereon, 88; testatum fi. fa. thereon, 88; ca. sa. thereon,
88; testatum ca. sa. thereon, 89; fi. fa. after a levy of part, 89; ca.
sa. after a levy of part, 89; in ejectment-see Ejectment;" in re-
plevin-see" Replevin."
Nonsuit, judgment as in case of.
Notice of motion in order to operate as a stay of proceedings, 617; affi-
davit where notice of trial but no notice of motion has been given,
617; the like, where notice of motion has been given. 617; the like,
where notice of trial has not been served, 617; rule nisi thereon, 618;
rule absolute thereon, 618; rule for discharging rule nisi on peremptory
undertaking, in Q. B. or C. P. 618; the like, in Exch. 618; entry of a
stet processus, 618; affidavit for judgment as in case of a nonsuit, after
a peremptory undertaking, 619; entry of judgment as in case of a
nonsuit, 619; fi. fa. thereon, 619.
Non tenuit, plea of, 443.
Norwich, direction of writs to sheriffs of, 20, n. (a).
Not guilty, plea of, 41.
Note of Bail, 248, 265; in error, 111.
Note of allowance of writ of error, 111, &c.-see "Error.”
Note in writing to be delivered to chief justice or chief baron after obtaining
rule nisi for a new trial, 623.
Note of Appearance-see" Appearance.”
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