Scire Facias, after reversal in error quare restitutionem, &c. 124. Scire Facias, on a judgment in debt on bond, 354, 355.
Scire Facias, against an executor on a judgment of assets quando acciderint, &c., 520.
Scire Facias, against bail, 274 et seq., 291 et seq.-see" Bail, Proceedings against."
Scire Fieri Inquiry in Q. B. after a return of nulla bona testatoris, 54; return thereto of a devastavit, &c., 522; inquisition thereon, 522.
Scotch magistrate, affidavit of signature of, 208.
Seamen's Wages, affidavit to hold to bail for, 216.
Second Deliverance, entry on roll of award of writ of, 427; writ of, 427; re- turn thereto, 428.
Security for Costs, application to plaintiff's attorney for security for, 592; affidavit to stay proceedings till security given, 592; summons to ob- tain a judge's order for security for, 593; order thereon, 593; notice of motion for security for, 593; rule nisi thereon, 593; security for costs in ejectment, 593; in action by infant, 528; bond for, 593.
Servant, affidavit to hold to bail for wages of, 216.
Service of rule or order &c, affidavit of, 648, 654.
Service under Articles of Clerkship-see" Attorney."
Set-off, order for particulars of, 599; particulars of, 599.
Setting aside proceedings for irregularity, 603; notice of motion generally, 603; the like, to set aside mesne process, 603; the like, to set aside interlocutory judgment, &c. 603; the like, to set aside judgment and execution, and that the money levied be restored, 603; notice of motion where the party or his attorney has been guilty of some abuse in the proceedings or of misconduct, 604; notice to the sheriff to retain money levied, &c. 604; affidavit in general, 604; rule nisi for setting aside proceedings for irregularity in Q. B. or Exch. 604; the like, in C. P. 604; notice not to make rule absolute, 605; notice not to appear to mesne process, 605.
Setting aside proceedings against Sheriff for irregularity, 242.-see" Sheriff, Proceedings against."
Setting aside proceedings on Bail-Bond, 244.
Sheriff, warrant of, and arrest by, in bailable actions.-see "Arrest"-" Bail-
Sheriff, deposit with, in lieu of bail, 234-see" Deposit, &c."
Sheriff, returns by, to writ-see" Return.”
Sheriff, supersedeas to the-see "Supersedeas."
Sheriff, order for, in outlawry, to pay money to plaintiff, 556.
Sheriff, notice to, to retain money levied, &c. 604.
Sheriff, proceedings by, &c. in case of adverse claims, 586-see
Sheriff, suggestion that one of the sheriffs is interested in the suit, and award of venire to the other, 635; the like, that the sheriff is a party, and award of venire to the coroner, 635; the like, that the sheriff is of kin to de- fendant, and award of venire to the coroner, 635; the like, that sheriff and coroner are interested, and award of venire to elisors, 636. Sheriff, proceedings against, in bailable proceedings.
Rule to return the writ in term, 235; judge's order to return writ in va- cation, 235.
Return of non est inventus, 235; of cepi corpus, &c. 235; of rescue, 236; of discharge on supersedeas, 236; of delivery over on habeas cor- pus to marshal, 236; of languidus in prisonà, 237.
Affidavit of service of rule to return the writ, &c. 237; the like, of service of judge's order, &c. 237; rule for attachment for not returning the writ, 237.
Rule to bring in the body in Q. B. 237; in C. P. 238; the like, in Exch. 238; judge's order in vacation to bring in the body, 238.
Affidavit of service of rule to bring in the body, &c. 238; the like, of
judge's order, &c. 238; rule for attachment for not bringing in the body, 239. Attachment against sheriff for not bringing in the body, or not returning writ in Q. B., in C. P. or Exch. 239; rule on coroner to return attach- ment in Q. B., C. P. or Exch. 239; attachment against coroners directed to elisors, 239; rule for habeas corpus to bring in the body of sheriff, 239; habeas corpus thereon, 239.
Affidavit to set aside a regular attachment at instance of defendant, 242; the like, on part of bail to sheriff, 243; the like, on part of sheriff's officer, 243, the like, on part of sheriffs of London, where defendant has rendered, 244.
Affidavit to set aside regular proceedings on bail-bond at instance of de- fendant, 244; the like, on part of bail to sheriff, 245; the like, on part of sheriff's officer, 245.
Sheriff, proceedings upon trial before, 78 to 83-see" Trial before Sheriff." Sheriff's Court, direction of writs to sheriffs of city of London, 561, n. (a). Sheriff's Officer, warrant to, &c.-see "Warrant;" affidavit on part of, to set aside regular attachment on bail-bond, 243; the like, to set aside re- gular proceedings, 245.
Signature, affidavit of, to undertake to pay attorney's bill on taxation, 14; of Scotch magistrate, affidavit of, 208; summons requiring admission of attestation of a deed or signature of a bill, &c. 54; affidavit of, to me- morial of registry of judgment, in Middlesex or Yorkshire, 109; affi- davit of gaoler's signing certificate of causes in Q. B. or C. P. 505; of infant to petition to sue by prochein ami, and of prochein ami's consent thereto, affidavit of, 526; of prothonotary of C. P. at Lancaster, of sign- ing final judgment, 568.
Similiter to plea concluding to the country, 43; notice of having struck out similiter, and of having demurred when issue is delivered, 50.
Solicitor-see" Attorney."
Southampton, direction of writs to the sheriff of the town and county of, 20, n. (a).
Southwark, borough of, direction of writs to, 20, n. (a); Borough Court of, direction of writs to steward of, 561, n. (u).
Special capias utlagatum, 549.
Special Case, 91; postea, judgment, and execution thereon, 91; order of judge for a special case without proceeding to trial, 296; the special case thereon, 296.
Special Jury, rule for, 71; rule for a view by, in Q. B. 72; distringas juratores where view to be had by, in Q. B. 73; rule for a view by, in Exch. 74. Special Pleader-see "Barrister."
Special Verdict, 89; postea on, 89; judgment thereon, in Q. B. 90; execution thereon, 91.
Stabling, affidavit to hold to bail for horse-keep, stabling, &c. 216. Stamp Duty on articles, affidavit of payment of, 6; the like, where the articles have been assigned, 6; the like, where the party has been admitted in Chancery, or in C. P. or Exch. 7; affidavit by attorney, who had ceased to practise, to be re-admitted without payment of arrears of duty, 9; rule thereon, 11.
Standing of carriages, affidavit to hold to bail for, 213.
Statute, affidavit to hold to bail upon, 225. Statute of Limitations, 539-see Entry of Process on the Roll." Staying Proceedings, Order for, on payment of debt and costs, 583; summons to show cause why, on payment of a sum of money, the action should not be stayed, and why, in case of plaintiff's not accepting it, he should not pay defendant's subsequent costs if he afterwards accepts it, 583; entry of judgment on a judge's order for staying proceedings on pay- ment of debt and costs, with liberty to sign judgment if not paid, 583; on reference to master to compute, &c. 584; in debt on bail-bond, 584; against bail to action, &c. 584; in trover, 584; in replevin, 584; in
Staying Proceedings-(continued.)
ejectment, 584; in second action for same cause, 584; in trifling ac- tions, 585; in actions pending error, &c. 585; pending rule nisi, &c. 585; in case of adverse claims, 585; in other cases, 585.
Stet processus, entry of a, 618.
Steward of a manor, affidavit to hold to bail for work done as, 216. Stock, sold and transferred, affidavit to hold to bail for, 214.
Striking out counts, 577.
Submission to arbitration-see" Arbitration."
Subpoena, præcipe for, 54; the writ of subpoena ad testificandum, 55; præcipe for, with duces tecum, 55; subpœna duces tecum, 55; præcipe for, on trial before sheriff, 81; subpoena thereon, 82; præcipe for, on a writ of inquiry, 339; subpoena on, 339; subpoena ticket, 340.
Sufficiency of bail, affidavit of, to accompany notice of bail, 251; affidavit of having with notice of bail delivered affidavit of sufficiency, 257, in error-see" Error."
Suggestions as to the awarding of the venire.
That one of the sheriffs is interested in the suit, and award of venire to the other, 635; that the sheriff is a party, and award of venire to coroner, 635; that the sheriff is of kin to defendant, and award of venire to co- roner, 635; the sheriffs and coroner are interested, and award of venire to elisors, 636; rule of court 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; judge's order for a like purpose, 636; suggestion in a local action for the trial to take place in another county, under 3 & 4 Will. 4, c. 42, s. 22..637; suggestion for trial in adjoining county to obtain an im- partial trial, 637; the like, on 38 Geo. 3, c. 52, s. 1, when venue laid in a city or town corporate, 637.
Suggestions, of Breaches in Debt on Bond, 344, 353, 637. Suggestions as to the Death of Parties.
Suggestion of death of one of several plaintiffs, after issuing writ and be- fore declaration, 638; the like, on death of one of plaintiffs, between declaration and plea, 638; the like, of death of one of defendants, be- tween declaration and plea, 638; the like, of death of one of plaintiffs, between plea and replication, 638; the like, of death of one of several plaintiffs or defendants after issue joined and before trial, 639; the like, of death of one of defendants, after verdict for plaintiff and before judgment, 639; the like, on a verdict for defendant at assizes, where de- ceased defendant died after verdict and before judgment, 639; the like, of death of one of the plaintiffs after interlocutory judgment by default and before final judgment, 640.
Suggestions of Change, &c. of Parties.
Suggestion in action against banking company, of change of public officer, and continuance of action against another, 640; suggestion that plain- tiff was knighted, or made a baronet, 641; the like, as to defendant, 641.
Affidavit to obtain the rule to enter a suggestion for costs on a court of re- quest act, 641; rule nisi for entering suggestions in Q. B. or Exch, on court of request act, 642; rule absolute thereon, 642; the like, in C. P. 642; suggestion under a court of request act, 643; suggestion on verdict for plaintiff, for double costs for defendant, on the court of con- science act for Middlesex, 643; suggestion on the court of request act for Hales Owen, &c. (47 Geo. 3, c. 36), to deprive plaintiff of his costs, 643; rule for suggestion on 43 Geo. 3, c. 46, c. 3, to entitle de- fendant to costs, where plaintiff recovers less than sum for which the defendant was held to bail, 644; suggestion thereon, 644; ca. sa. in Exch. thereon, 645; suggestion after verdict for one of several defend- ants in trespass, of his being a constable, in order to entitle him to double costs, 645.
Suggestion to have execution against a member of a joint-stock bank on a judg-
ment against a public officer, 646; fi. fa. thereon, 646. According to a recent case, a sci. fa. is necessary, Bosanquet v. Rainsforth, Q. B. 17th Jan. 1840.
Summons, writ of, to compel appearance.
Proceedings by, where defendant can be served with it, 15-præcipe for the writ, 15; the writ, 15; præcipe for alias or pluries summons, 16; alias or pluries into same county as first writ, 16; alias or pluries into a dif- ferent county, 16; affidavit of service of writ of, 16; memorandum for, and entry of appearance, 17; demand on an attorney, for him to state whether the writ was issued by him, 17.
Proceedings by, where the defendant cannot be served with the summons, 18-præcipe for the writ, 18; the writ, 18; affidavit of attempts to serve summons in order to obtain a distringas, 18; rule of court there- on, 19; judge's order for drawing up rule in vacation, 19; præcipe for writ of distringas, 19; writ of distringas, 20; notice to be subscribed thereto, 21; writ of distringas into a county palatine, 21; notice to be subscribed thereto, 21; mandate to sheriff of a county palatine, in pur- suance of the above writ, 21; sheriff's warrant on distringas, 22; return of execution of distringas, and service of notice where defendant can be met with, 22; the like, where defendant cannot be met with, 22; memorandum for, and entry of appearance thereon, 22; return of nulla bona and non est inventus to distringas, 22; affidavit of return of non est inventus, &c. to distringas, and that same cannot be executed, 22; rule thereon for entering appearance, 23; judge's order thereon in vacation, 23; memorandum for, and entry of appearance thereon, 23; return of issues, 23; rule nisi for sale of issues in Q. B. or Exchequer, 24; the like, in C. P. 24; authority to restore issues on appearance, 24.
Entry of, to avoid statute of limitations, 539—see "Entry of Process on Roll, to save Statute of Limitations."
Summons, on a re. fa. lo. 420.
Summons, on a pone per vadios against defendant for not appearing, 423. Summons, on a writ of sci. fa. 462.
Summons, to obtain a judge's order, 654; affidavit of attendance, &c. 654; order thereon, 654; order to postpone hearing of summons, 654.
Summons, to change attorney, 12.
Summons, for delivery of bill of costs, 13; to obtain judge's order for taxation
Summons, for time to put in and justify bail, 246.
Summons, for leave to add one or more bail, 254.
Summons, for time to plead, 39.
Summons, to plead several matters, 39.
Summons, requiring admission of a deed &c. 54.
Summons, to dispense with bail in error, 113.
Summons, for staying judgment, &c. on writ of trial, 83.
Summons, for staying judgment on writ of inquiry executed in vacation, 341.
Summons, on warrant to replevy, 419.
Summons, for supersedeas in Q. B. or C. P. 504.
Summons, for leave to pay money into court, 580.
Summons, to obtain a judge's order for security for costs, 593.
Summons, for particulars of demand, 597.
Summons, to amend a misnomer in declaration, 627.
Summons, to obtain enlargement of time for making the award, 668. Supersedeas,
For irregularity in proceedings generally-writ of, to a capias, 267; return of discharge on, 236; to a ca. sa. irregularly issued, 198. For delay of plaintiff-summons for, 504; order thereon, 505; to the she- riff, for not declaring, 506; the like, to the warden, where defendant rendered in discharge of bail, 506; the like, to the sheriff for not pro- ceeding to trial or final judgment in Q. B. 507; the like, in C. P. 507;
the like, to the warden, where the defendant was rendered in discharge of his bail, 507; the like, to the warden, where the prisoner had ren- dered himself in discharge of bail in Q. B., and was removed to the Fleet by habeas corpus, 507; the like, to the sheriff for not charging defend. ant in execution, 508; the like, to the warden, 508; the like, to the warden, on a render after judgment, 508.
In outlawry-to the exigent, in outlawry, 548; upon reversal of outlawry for want of proclamation, 559; by consent of the plaintiff's attorney, on the defendant's putting in bail, 560.
Surgeon, affidavit to hold to bail by, 217.
Surveyor, affidavit to hold to bail by, 216.
Surrejoinder, rule to surrejoin, 42; entry of such rule, 42.
Surviving partner, affidavit by, 209; affidavit against, 210; execution by and against, in assumpsit, 154; the like, in debt, 154.
Surviving plaintiff or defendant-see "Scire Facias"-" Suggestions as to Death of Parties."
Taxation of Costs-see" Costs."
Tenant-see" Replevin"-" Ejectment"-" Rent."
Tender, payment of money into court on a plea of, 582; postea on plea of, 95, 98; judgment on, 106.
Term's notice of intention to proceed, 43; of trial, 52.
Tertenants-see" Heir."
Testator-see "Executor."
Testatum, writ of fi. fa. 159; fi. fa. to county palatine, 162; fi. fa. from county palatine, 162; entry of fi. fa. and testatum, with return of nulla bona as to part on the roll, 175; testatum elegit, 185; testatum ca. sa. 195; ca. sa. to county palatine, 197; ca. sa. from county palatine, 197; entry and award of ca. sa. alias and testatum, 200; fi. fa. against bail, 284; ca. sa. against bail, 287.
Time to declare rule for, 25; to plead &c. summons for, 39; order thereon, 39. Tithes, affidavit to hold to bail for, 213.
Tolls, affidavit to hold to hold for, on carriages passing over a bridge, 213; on goods brought into a market and weighed &c. 214; on passing through a turnpike and weighings, 214; on cattle sold in a market, by farmer and proprietor, 214.
Tonnage of goods, affidavit to hold to bail for, 215.
Traders subject to the bankrupt laws, proceedings against, 538; affidavit of
debt to be filed in pursuance of 1 & 2 Vict. c. 110, s. 8..538; notice to trader that the above affidavit has been filed and requiring immediate payment, 538; bond in pursuance of 1 & 2 Vict. c. 110, s. 8..538. Transcript in error, 114.
Treasury, lords of-see" Lords of Treasury."
Trespass, affidavit to hold to bail in, 225; general issue in, 41; award of venire &c. in, 46; postea in, 94, 96, 97; judgment in, 105; execution
Trial at bar, 77; rule for in Q. B. 77; notice of, 77; entry of verdict on,
Trial, at Nisi Prius, 77; notice of, 50, &c.-see "Notice of Trial;" com- mission from Exch. for trial of cause at assizes, unnecessary, 68; nisi prius record, 66-see "Nisi Prius Record;" jury process-see "Jury Process"-" Suggestion;" postea when juror withdrawn, 78; judgment thereon, 78-see" Postea ;" entry of cause for, 75.
Trial before the Sheriff; affidavit to obtain rule or order for the writ of trial, 78; rule nisi in Q. B. or Exch. to bave the issue tried before the sheriff &c. 79; the like, in C. P. 79; affidavit of service of rule, 79; judge's order for the trial, 79; the issue when directed to be tried by
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