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DISTRINGAS;

writ of;

no additional fee for non omittas clause in. 81, 2.

copy of, and notice, to be delivered therewith to sheriff, &c. 84.
warrant to distrain, &c. Id.

mandate on, in county palatine. Id.

duty of sheriff, in executing. 85.

proceedings on execution of; Id.

Forms:

appearance may be entered by plaintiff, without leave of court. Id.

on return of non est inventus, and nulla bona. Id.

affidavit for authorizing plaintiff to enter appearance for defendant. Id. 86. rule, or order, thereon. 86, 7.

if the affidavit be insufficient. 87.

writ of; 268.

præcipe for. Id.

to county palatine. Id.

direction of. 269.

notice to be subscribed to. Id.

statement of plaintiff's claim, for debt and costs. 270.

sheriff's warrant on. Id.

mandate to sheriff, for execution of, in county palatine. Id. 271.

returns to. See tit. Returns.

juratores;

teste of. 156.

DOCUMENTS;

compelling production of. 163. 170.

written or printed, judges empowered to make regulations, as to admission of. 167, 8. DURATION,

of writs. 69.

DUTIES,

of officers of Exchequer of Pleas. 54, 5.

E.

EASEMENTS;

periods of limitation for claiming; 36.

how reckoned. Id. 37.

what shall be deemed an interruption. 37.

claims to, may be alleged generally, in actions upon the case, &c. Id.

EASTER ;

how alleged, in pleadings to actions of trespass, &c. Id.

proceedings how affected by. 101.

ECCLESIASTICAL PERSONS,

not formerly bound by statutes of limitations. 28. (g.)

limitation of entry, distress, or action by, for recovery of land, &c. 28, 9. demand of tithes by. 39.

EJECTMENT,

what. 11193.

excepted out of stat. 3 & 4 W. IV. c. 27. § 36. pp. 13. 62. 193.

not affected by uniformity of process act. 62. 193.

may still be brought, for recovery of land, &c. Id.

may be commenced by original writ, in K. B. or C. P. 62. 193. by bill, in K. B. or Exchequer. Id.

within what time it must be brought; 19, 20. 194.

by stat. 21 Jac. I. c. 16. § 1. Id.

3 & 4 W. IV. c. 27. § 2. p. 194.

alterations in. Id.

A A

EJECTMENT;

proceedings in;

by landlord against tenant, when tenancy expires, or right of entry accrues, in or after Hilary, or Trinity terms. 194.

service of declaration, and notice. 195.

proceedings thereon, and giving rule to plead. Id.
judgment against casual ejector. Id.

notice of trial. Id.

application by defendant, for time to plead, &c. Id.
record, how made up. Id.

construction of, and decisions on, stat. 11 Geo. IV. & 1 W. IV. c. 70. §

declaration;

title and commencement of. 196.

recital of original writ in, unnecessary. Id.
may be served before first day of term. 197.

judgment and execution in ;

at common law :

when tenant or landlord does not appear. Id.
on nonsuit, for not confessing lease, &c. in C. P. Id.
K. B. Id.

verdict for plaintiff. Id.

by stat. 11 Geo. IV. & 1 W. IV. c. 70. § 38. Id. 198.

36. Id. 196.

judge's certificate, for immediate writ of possession, after verdict for plaintiff, or nonsuit for not confessing lease, &c. Id.

construction of, and decisions on that statute. 198.

habere facias possessionem; 197, 8, 9.

præcipe for, unnecessary. 199.
writ of, need not be signed. Id.

recognizance of bail in error in, in what sum. Id. 200.

Forms:

declaration in, by original, in K. B. or C. P. 328.

by bill, in K. B. or Exchequer. Id.

special title to, on stat. 11 Geo. IV. & 1 W. IV. c. 70. § 36. Id. (b.)
notice to appear and plead to, on same statute. 329.

affidavit of service of, on same statute. Id.

making up record of nisi prius, on same statute, § 37. Id.

judge's certificate, for immediate writ of possession, after verdict, or nonsuit. 330. affidavit for inducing judge to certify, where plaintiff is nonsuited, for defendant's not confessing lease, &c. Id.

entry of certificate on record. 331.

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on stat. 1 W. IV. c. 7; (Immediate Judgment and Execution act :)
of judge's certificate, for immediate execution. 176.

judgment, how made. 177.

on stat. 1 & 2 W. IV. c. 58; (Interpleader act:)

of rules and orders, &c. for settling adverse claims. 130. (b.) 192, 3.

on stat. 2 W. IV. c. 39; (Uniformity of Process act :)

of process. 51. 77.

of appearance, by defendant. 102, &c. and see tit. Appearance.
by plaintiff. Id.

ENTRIES,

on stat. 3 & 4 W. IV. c. 42; (Law Amendment act:)

of order for amending variances, between written and printed evidence, and re

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of process:

cord. 149.

writ of summons, with return of non est inventus, by plaintiff or his attorney, and award of alias, to save statute of limitations, in K. B. 252.

the like, in C. P. 253.

in Exchequer. Id.

the like, and award of distringas, to save statute, in K. B. 254.

writ of capias, with sheriff's return of non est inventus, and award of alias

of appearance. See tit. Appearance.
of judgments. See tit. Judgments.

capias, in K. B. Id.

of judge's certificate, for immediate execution, as part of postea, after verdict or nonsuit. 321.

of rules on record, after declaration, on interpleader act, 1 & 2 W. IV. c. 58. § 6.

the like, before declaration. 327.
in ejectment;

ENTRY;

p. 325.

of record of nisi prius, on stat. 11 Geo. IV. & 1 W. IV. c. 70. § 37. pp. 329,

30.

of certificate, for immediate writ of possession, on same statute, § 38. p. 331.

writs of. See tit. Actions Real, possessory.

on land, &c. when to be made. 19. 194.

when, and how, to be acted on. 20.

mere, not to be deemed possession. 24. right of. See tit. Right of Entry.

EQUITY;

limitation of suits in. 31.

ERROR;

writ of, not within stat. 2 W. IV. c. 39. p. 63.

interest to be allowed on all writs of, for the time execution has been delayed. 174. recognizance of bail in, in ejectment, in what sum. 199, 200.

ERRORS;

clerk of, appointment of, in Exchequer. 55. 100.

ESCAPE;

limitation of action for. 43.

ESTATE,

in possession, when right to, shall be deemed to have accrued. 21.

when barred, will bar future estates. 27.

future, when right to, shall be deemed to have accrued. 22.

EVIDENCE,

necessary to take case out of statute of limitations. 45, &c.

of rules and orders, &c. for settling adverse claims. 130. (b.) 192, 3.

amendment of variances between written and printed, and record. 145, &c.

may be stated specially on record. 149.

restriction as to reading examinations, or depositions, in. 167.

judges empowered to make regulations, as to admission of written or printed docu

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of witnesses, upon interrogatories, &c. See tit. Witnesses. before arbitrators. See tit. Arbitration.

EXCHEQUER OF PLEAS;

principal officers of, before stat. 2 & 3 W. IV. c. 110. p. 54.

ments, &c. Id. 168.

XX

EXCHEQUER OF PLEAS;

principal officers of, and their duties, by stat. 2 & 3 W. IV. c. 110. pp. 54, 5. attendance of officers, and hours of business in. 55, 6.

ancient mode of proceeding, against prisoners in custody of warden, in. 114. present mode of proceeding, on stat. 2 W. IV. c. 39. p. 114, &c.

EXECUTION,

by stat. 6 Geo. IV. c. 16; (Bankrupt act:)

levied after act of bankruptcy, when valid. 185.

on judgments by default, &c.; Id.

decisions thereon. Id. 186, 7.

by stat. 1 W. IV. c. 7; (Immediate Judgment and Execution act :) when issued, on return of inquiry. 136.

nonsuit, or verdict. 175, 6.

certificate for restraining. 132.

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writ of habere facias possessionem, on stat. 11 Geo. IV. & 1 W. IV. c. 70. § 38,

not affected by. 198.

on judgment by cognovit actionem, not within stat. 6 Geo. IV. c. 16. § 108. p.

by stat. 1 & 2 W. IV. c. 58; (Interpleader act :)

for costs, directed by rule, or order, for settling adverse claims. 193.
teste of. Id.

sheriff's fees on. Id.

by stat. 2 W. IV. c. 39; (Uniformity of Process act :)

of distringas. 85.

capias. 96.

writs of;

rules and orders to be made, for return of. 109.

by stat. 3 & 4 W. IV. c. 42; (Law Amendment act :)

on return of inquiry. 132.

trial of issues. 154, 5.

teste and return of writs of. 183.

liability of sheriff, &c. for goods taken in. Id.

relief of sheriff, &c. on adverse claims to such goods. 189. in ejectment. See tit. Ejectment.

EXECUTORS AND ADMINISTRATORS;

actions by, or against. See tit. Actions, personal.

costs in actions by. See tit. Costs.

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187.

F.

FALSE IMPRISONMENT;

money not to be paid into court, in action for. 139. FAST DAY,

public, proviso for, in stat. 2 W. IV. c. 39. § 11. p. 100.

FEES,

of officers of superior courts; 56, 7.

what shall be deemed legal. 57.

how settled, if commissioners doubt as to their legality. Id.

what persons within meaning of stat. 1 & 2 W. IV. c. 35. Id. 58.
compensation for, by that statute. 58.

for signing and sealing writs of summons, &c. 73.

entering appearance. 105, 6.

no additional fee for non omittas clause, in distringas. 81, 2.

of sheriff, &c. on execution, for costs of proceedings, for settling adverse claims. 192. FEIGNED ISSUES,

for trial of adverse claims; 129. 191.

judgment on, final. 129.

FEME COVERT,

excepted out of statutes of limitations. 26. 43, 4.

time allowed to, for resisting claims of rights of common, or of way, &c. 38. claim of tithes by, when not affected by stat. 2 & 3 W. IV. c. 100. p. 41.

FIAT,

for admission of attorney. 259.

FIERI FACIAS;

limitation of actions, for money levied on. 4s.

rules and orders to be made, for return of. 109.

for costs of proceedings, for settling adverse claims; 193.

FILAZER,

form of. 327.

teste of. 193.

in Exchequer, office and duties of. 55.

FINE;

by whom to be appointed. 100.

limitation of action for, in respect of copyhold estate. 43. FINES,

levied of lands in ancient demesne, reversal of. 3, 4. amendment of, in what cases unnecessary. 145.

FORFEITURE;

when right shall be deemed to have accrued on; 22.

where advantage is not taken of, by remainder-man. Id. 23.

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and jurisdictions of counties palatine of Lancaster or Durham, not affected by stat. 2

FRAUD ;

limitation of suits in equity, in cases of. 31.

W. IV. c. 39. p. 82.

G.

GENERAL ISSUE. See tit. Pleas and Pleading.

RULES. See tit. Rules.

GREAT BRITAIN;

statutes of limitations extend to every part of. 27. 45. commissions for taking affidavits in, by courts in Ireland. 94. GUERNSEY,

not deemed beyond seas, within statutes of limitations. 27. 45.

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