Page images
PDF
EPUB

Notice of intention to apply for examination as attorney, 3; for adınission, 4;

to be re-admitted, 8. Notice of bail having been put in in town, 249 ; in country, 263; in error, 112, Notice pending a rule nisi for setting aside plaintiff's proceedings that bail

will be put in and perfected without prejudice to the pending rule, 251. Notice from plaintiff requiring further time to inquire after the bail before they

are put in or justify, 252. Notice of exception to bail, in town, 252; in country, 263. Notice of adding or justifying bail, 254. Notice of justification of bail in Q. B. or Exch. 256 ; the like, in C. P. 256. Notice of defendant's intention to pay £10 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. Notice of declaration, 37. Notice to plead, 38. Notice, term's notice of intention to proceed, 39. Notice of having struck out the similiter, and of having demurred when issue

is delivered, 50. Notice requiring opposite party to admit documentary evidence, 52 Notice to produce papers, &c. 54. Notice to dispute bankruptcy, 54. Notice of time and place appointed for examination of witnesses on interro

gatories, 63. Notice of intended taxation of costs, 632. Notice of bail, &c. in error, 112, 127. Notice requiring justification at a judge's chambers, &c. 113, 127. Notice of justification, 113, 127. Notice of trial in error, 147. Notice of case in error being set down for argument, 119. Notice of motion after error for interest, 119. Notice of render, &c. 269. Notice of setting down demurrer for argument, 303. Notice of plaintiff's intention to produce a record of same court, 312. Notice to be subscribed to writ of distringas, 21; the like, to writ of distringas

into a county palatine, 21. Notice to appear, &c. in ejectment-see Ejectment." Notice in proceedings in replevin-see " Replevin.Notice to bail or defendant, &c. of sci. fa. where he cannot be summoned on

it, 277, 463. Notice to plead in scire facias, 282. Notice to marshal or warden of a writ of error, order, agreement, or other

matter preceding to prevent a supersedeas for not proceeding in the

usually limited time, 501. Notice of prisoner's intention to apply for discharge under 48 Geo. 3, c. 123..

509. Notice of defendant's intention to dispute petitioning creditor's debt, &c. on

stat. 6 Geo. 4, c. 16, s. 90..529. Notice of plaintiff's intention to dispute bankruptcy, 530. Notice of costs, tender, interpleader act, after taxation, 590. Notion of motion for security for costs, 593. Notice to the sheriff to retain money levied, &c. 604. Notice not to make rule absolute, 605. Notice not to appear to mesne process, 605. Notice of action, to a justice by the attorney of the party injured, 531; the

like, by the party himself, 531; the like, to an excise or custom-house

officer, 532. Notice of Distress, for rent, 413; the like, for arrears of rent-charge, 414;

the like, for growing crops on 11 Geo. 2, c. 19, s. 8..414. Notice of Inquiry, in London, 338; the like, in Middlesex, 338; the like, in

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

issue of nul tiel record, 338 ; notice of inquiry by continuance, 339 ;

notice of countermand of, 339. Notice of attending by counsel, 339. Notice of Inquiry in debt on bond, 349. Notice of Inquiry in replevin--seeReplevin." Notice of Motion, generally, 648; to crown officer where part of penalty goes

to the crown, 601; to set aside proceedings generally, 603 ; to set aside mesne process, 603; to set aside interlocutory judgment, &c. 603; to set aside judgment and execution, and that the money levied be restored, 603; where the party or attorney has been guilty of misconduct, 604; to put off trial, in order to operate as a stay of proceedings on motion for judgment in case of nonsuit

, 617; to discharge the rule for arresting the judgment in C. P. 626. Notice to quit, by landlord, 357; by tenant, 358. Notice of Trial at bar, 77. Notice of Trial in London, 50 ; the like, in Middlesex, 50; the like, at assizes,

50; notice of, and assessment of damages where judgment by default as to part, 50; the like, where several defendants, and only one has suffered judgment by default, 51 ; notice of, where issues in law and in fact, 51; notice and assessment of damages on breaches suggested in debt on bond, 51; notice of, by continuance, 52; notice of couptermand, 52; term's notice of, 52; notice of trial in ejectment, 379;

in replevin, 448 ; in scire facias, 473. Notice of Trial by proviso, 615. Notice of Trial, before the sheriff, 81. Nottingham, direction of writs to the sheriffs of, 20, n. (a). Nul tiel record pleaded, proceedings on--Plea of judgment recovered in ano

ther court, 310; replication of nul tiel record to plea of matter of record of same court, 310; the like, to plea of nul tiel record of same court, 311; the like, of nul tiel record to plea of matter of record of another court, 311; the like, to plea of nul tiel record of another court,

311. Demand of term, and number of the roll, on nul tiel record of same court

pleaded, 311 ; the issue, 312 ; rule on defendant to produce the record in Q. B. 312; copy thereof to be served, 312; entry thereof, 312; notice in Q. B. of plaintiff's intention to produce a record of same court, 312; writ of certiorari from Q. B. where record of C. P. or Exch. is pleaded, 312; the like, in another form, 313; the like, from C. P. to an inferior court, 313; the like, from Chancery to Q. B. 314; mittimus

thereon in C. P. 314. Præcipe for rule for judgment in Q. B. or Exch. 314; rule for judgment

for plaintitt, C. P. on production of record by him, 314; the like, in debt, on non-production of a record, pleaded by defendant, 315; judg. inent for plaintiff on plea of nul tiel record, in debt, 315; the like, in assumpsit, 315; judgment for plaintiff, on replication of nul tiel record, 315; judgment for defendant on plea of nul tiel record, 316; the like, on a replication of nul tiel record, 316; execution on a judgment upon

nul tiel record, 316. Nulla bona, return of, 172, 175, 176, 177, 183, 518; condition of a bond of

indemnity to sheriff for abandoning goods and returning nulla bona, 179; return of nulla bona to distringas, 22 ; return of nulla bona testa

toris nec propriis, 618; the like, with devastavit, 619. Nunquam indebitatus, plea of, 41.

0.

Oath--see “ Affidavit" -“ Appraiser”_" Attorney'-" Interrogatories." Officers of Excise, &c., actions by and against, 531-see“ Ercise"_" Con

stable"_" Peace Officer."

Officer, Sheriff's—see “ Sheriff's Oficer.
Order of Judge.

To change attorney, 12 ; for delivery of attorney's bill, 13.
To hold to bail, 227.
Upon plaintiff's attorney to state plaintiff's abode, 230.
For defendant's discharge out of custody, on affidavit to obtain same on

ground of the writ not having been issued with authority of attorney,

whose name is indorsed on it, 230. To return the writ, 235; to bring in the body, 238. For time to put in &c. bail, 247. For time to plead, 39. To plead several matters, 40. To examine a witness on interrogatories before commissioners in the coun.

try, 58; the like, for examination viva voce without a commissioner di-
recting a special report, 59; the like, for a commission to examine wit-
nesses, where ill or abroad, 60; for trial before sheriff, 79; that judg-

ment &c. on a writ of trial shall be stayed, 83.
For rendering defendant to a county gaol, 270.
For drawing up rule in vacation, 23.
For a special case, without proceeding to trial, 296.
For staying judgment on writ of inquiry, 341.
For a good jury on writ of inquiry, 337.
For particulars of demand, 597; of set-off, 599; in ejectment, 374.
Of commitment in the Exch. 503.
For supersedeas, 505.
For a rule on petition to sue by prochein ami, prochein ami's consent

thereto, and attidavits thereof, 526; the like, on petition to defend by
guardian, 527.
To admit plaintiff to sue in forma pauperis, 537.
For procedendo to compel defendant to file common bail on removal of
On rule to change the venue,

576.
For consolidation in C. P.578.
For stay of proceedings on payment of debt and costs, 583.
To amend a misnomer in declaration, 627.
For amendment to be indorsed on postea, under stat. 9 Geo. 4, c. 15, or

3 & 4 Will. 4, c. 42, s. 22..101.
In a local action for the trial or inquiry to take place in another county,

under 3 & 4 Will. 4, c. 42, s. 22..636.
On affidavit of attendance on summons, 654.
To postpone hearing of summons, 655.
To revoke arbitrator's authority under 3 & 4 Will. 4, c. 42, s. 39..664.
For attendance of witness before an arbitrator, 667.
To enlarge time for making the award under 3 & 4 Will. 4, c. 42, s. 39..

668.
Affidavit of service of, 237.

Order of the House of Lords in error, 128.
Order of reference at nisi prius, in Q. B. 656; the like, in C. P.657; the like,

in Exch. 657; the like, at the assizes, 657; the like, where juror withdrawn, 658; judge's order of, 660; the like, more special, to several

arbitrators, 660--see Arbitration." Original writ, proceedings by, in ejectment-see“ Ejectment." Outgoing tenant, affidavit to hold to bail by, for improvements, fixtures, &c.,

213. Outlawry, upon mesne process.

Writ of capias, 228; præcipe for it, 227 ; affidavit to hold to bail, 206 ;

return of non est inventus, 235 ; writ of summons, 15; writ of distringas, 18 ; præcipe for, 18; return of non est inventus and nulla bona to distringas, 22. Writ of exigi facias, after a distringas, 545; return to exigi facias, 546;

allocatur exigent, 546.

cause, 563,

Outlawry-(continued.)

Writ of proclamation, 547; writ of foreign proclamation, 547; return to

writ of proclamation, 548.
Common appearance, bail, 548.
Supersedeas to the exigent, 548; return to the exigent thereon, 549.
Capias utlagatum, 549; the like, to a county palatine, 549; special ca.

pias utlagatum, 549; return thereto, 550 ; inquisition thereon, 550;

venditioni exponas, 551; return thereto, 552. Levari facias, for levying the issues and profits of the land, 552. Petition to Lords of Treasury, for a lease of outlaw's land, 552; the like,

to have produce of outlaw's goods made over to plaintiff, 553; reference thereon io solicitor of Lords of Treasury, 554; certificate of clerk in court, 554; atfidavit of plaintiff's debt and costs, 555; report of solicitor of treasury on the reference, 555; warrant for attorney-general to consent to an order for payment of the money, 555; order for sheriff to pay the money to plaintiff

, 556; subpæna, 556; entry of proceedings to outlawry, where there was a writ of foreign proclamation and allocatur exigent, 556; recognizance of bail in error, to reverse outlawry,

557. Declaration in action against one of two defendants, where the other bas

been outlawed, 557. Non pros. for not declaring after defendant's appearance on an exigi facias,

in Q. B. 557. Outlawry upon Final Process, 558.

Capias ad satisfaciendum, 190, 558, &c.; exigi facias, 545; capias utla

gatum, &c. 549. Outlawry, Reversal of.

Rule of allowance of writ of error coram vobis, for reversal, 143.
Affidavit of cause of going beyond sea to govern form of recognizance of

bail in error on outlawry, in Q. B. or C. P., 144; assignment of errors
and subsequent proceedings where errors are matters of law, as to reverse
an outlawry for insufficiency of the exigi facias, &c. 145; assignment
of errors and subsequent proceedings where the errors are matters of
fact, as of coverture of defendant at the time of bringing the action,

146. Assignment of errors to reverse outlawry, that defendant was beyond sea

at time of exigent awarded, 146. Entry of outlawry on roll, with plea of no proclamation, and reversal of

outlawry thereon, 558; supersedeas upon reversal of outlawry, for want of proclamation, 559; supersedeas, by consent of plaintiff's attorney,

on defendant's putting in bail, 560. Oxford, direction of writs to, 20, n. (a). Oyer of deed, &c., demand of, by defendant, 594; the like, by plaintiff, 594.

P.

Palace Court, directions to writs of judges of, 561, n. (a); præcipe of writ of

error from, 136; writ of error from, 136. Palatine county, direction of writ to, 21; capias to, 229; mandate to sheriff in,

21, 163; award of mittimus to, 48 ; nisi prius record, where the trial is to be had in, 66; mittimus to, 66; postea after trial in, 100; writ of inquiry into, 336 ; judgment after a trial in, 102; writ of error from, 136 ; execution in, by fi. fa. 161, 162, 163; by elegit, 182; by ca. sa.

196, 197, 198; writ of distringas into, 21; sci fa. in, 444. Parliament-see“ Peers"_" Members of Parliament." Particulars of Demand, to be delivered with a declaration containing an inde

See

Particulars of Demand-(continued.)

bitatus count only, where the full particulars can be comprised in three folios, 596; the like, where the declaration contains special and indebitatus counts, 596; statement of claim, to be delivered with a declaration containing an indebitatus count only, where the full particulars cannot be comprised in three folios, 596; the like, where the declaration contains both special and indebitatus counts, 597; summons for particulars of demand, 597; order thereupon, 597; summons for particulars without paying the costs of them, &c. plaintiff not having delivered a particulars with his declaration containing indebitatus counts, 598; judge's order thereon, 598; particulars in ordinary cases, when not accompanied with the declaration, 598; particulars in an action on a bill of exchange, with money counts, 598; particulars on a special count,

599; particulars in action for mesne profits, 599.

Order for a particulars of set-off, 599; particulars of set-off, 599. Particulars of objections to patent, 600. Particulars of premises or breaches, &c. for which an ejectment is brought

Forms,” &c. 374, 375. Partners, affidavit to hold to bail by one of several, 209; the like, by a surviv

ing, 209; the like, against a surviving, 210 ; fi. fa. in assumpsit by and

against surviving partners, 154; the like, in debt, 154. Passage money, affidavit to hold to bail for, 215. Pasture land and eatage of grass, affidavit to hold to bail for use of, 213. Patent, particulars of objections to, 600. Paupers, actions by, 536 ; petition before action brought to be admitted to sue

in formâ pauperis, 536 ; petition to be allowed to carry on in forma pauperis a suit already commenced, 536; atsidavit in support thereof,

536; opinion of counsel, 537; judge's order thereon, 537. Payment of money into court, 580; summons for leave to pay money into court

in cases within the 3 & 4 Wm. 4, c. 42, s. 21..580; judge's order thereon, 580; plea of payment of money into court to the whole declaration where no other plea pleaded, 580; the like, where another plea pleaded, 581; replication thereto, and acceptance of the sum in satisfaction where that plea alone is pleaded, 581; the like, where another plea is pleaded, and the plaintiff intends proceeding to trial on that plea, and accepts money out of court in satisfaction of the cause of action to which the plea of payment into court is pleaded, 581; the like, that plaintiff has sustained greater damages, 582 ; judgment for plaintiff for not paying the taxed costs after forty.eight hours from the taxation,

582. Payment of money into court on plea of tender, 582. Payment of money into court in lieu of bail, 582 — see · Deposit with

Sheriff." Peace officer- see “ Constable." Peers and Peeresses, actions by and against, 496; proceedings against in

ordinary cases, 496. Penal actions, affidavit to hold to bail in, 225; compounding of, 601-see

Compounding Penal Actions." Peremptory undertaking, rule discharging rule for judgment, as in case of a

nonsuit on, 618; affidavit for judgment, as in case of nonsuit after,

619. Petition that the record be remitted upon plaintiff not assigning errors where

judgment affirmed by Exchequer Chamber, 128; for hearing writ of error after affirmance in Exchequer Chamber, 132 ; by infant, to sue by prochein ami, 525; the like, to defend by guardian, 526; for a day rule, in Q. B. 503 ; to sue in formâ puuperis, 536; to lords of treasury for a lease of vutlaw's land, 552; the like, to have produce of outlaw's goods made over to plaintiff, 553; reference thereon to solicitor of lords of the treasury, 545.

[ocr errors]

II

« PreviousContinue »