ADDRESS OF PARTIES, to be mentioned in summons and plaint, 6.

ADDRESSES to jury on trial, 298.

ADJOURNMENT of trial, 300.

ADJUDICATION of Inferior Court, pleading, 66.

ADMINISTRATORS. See Executors.

ADMISSION OF ATTORNEYS, days for, iii.
ADMISSION FROM PLEADING OVER, 67.
ADMISSION of documents. See Notice to Admit.

of improper evidence, ground for new trial, 311.

ADVERSE CLAIMS, relief of Stakeholder against, cvii; of Sheriff,
cxii; and see Interpleader.

AFFIDAVITS:

Commissioners for taking, to be enrolled, xxxvi.

copies of, to be served, xxxii., cxxv.

how to be entitled, xxxv.; how signed, id. ; how written, xxxvi.
attorney to have certified copies of in court, xxxiii.

jurat, what it should contain, xxxv. ; must specify county and place
where sworn, id.

sworn abroad, how authenticated, xxxvi.

attested copy need not be taken out for motion trial, etc., except
where immediate reference cannot be had to original, cxxv.
line to be drawn through blanks in, lxx.

AFFIDAVIT OF DEBT, 101, xxii.

AFFIDAVIT OF MERITS:

to set side a judgment, 28; where leave to amend is sought for, 76 ;
where defence set aside, 87; where security for costs applied
for, 51.

AFFIDAVIT OF SERVICE, 34, vi; to be examined by Master, 105 ;
in ejectment, xlvi, lxix.

AFFIRMATION instead of Oath, 300-301.

"AFTER," iv.

AGENT, production of books by, 323.

substituting service upon, 32.

AGREEMENT FOR PAYMENT OF A PENAL SUM, assigning
breaches in action upon, 166: and see Bond for payment of penal

sum.

ALLEGING DIMINUTION, 206.

ALTERATION of abstract for Nisi Prius, 110; of writ of summons and
plaint, 6.

AMBASSADOR, power to administer oaths, lxxxix.

AMBIGUITY in pleading, 80.

AMEND as may be advised, leave to, 245.

AMENDMENT, 239-247.
powers of, 239-240.

when unnecessary to amend, 240.

allowance of rests in discretion of court or judge, 241.

in what proceedings allowed, 241; omissions in summons and plaint,
14, 241; defective copy, id.; particulars, 242; parties, 242, 90-96,
and see Misjoinder of parties, Nonjoinder of parties; endorsement
of service, 242; pleadings, id.; other proceedings, 244; case stated
by judge of assize on civil bill appeal, cxl.

time for pleading after amendment, 14, 41.

allowing amendment before service, 245; before argument of de-
murrer, 79, 244; after argument, 79; where pleading embarrass-
ing, 87; at the trial, 245; after an abortive trial, 244; after
judgment, 244; after error brought, 246.

how leave obtained, 245.

appealing from order of judge allowing amendment, 91, 245.
terms of amendment, 246.

costs of amendment, 246.

APPEAL. See Civil Bill Appeal.

from order of judge at trial allowing amendment, 91.

from order of judge in chamber, 4.

where new trial granted or refused, 315, 316, 318; where point re-
served, 316; practice as to, 316; notice of appeal must be given
within four days after decision, 317; unless time extended, id.;
giving bail, id.; stating case, 318; settling case, id.; powers of
court of appeal in giving judgment, etc., 318; costs, 319.
APPEARANCE AND DEFENCE:

form of, 38, 53, 260; to contain name and registered residence of
attorney, 39; where defendant defends in person, must state ad-
dress where notices may be served, id.; must be endorsed with
particulars of payment and set off, 40.

time within which defence to be filed, 38, 41; after amendment of
summons and plaint, 41; after copy furnished, xiv, 64; after se-
curity for costs given, xiii; not to be filed during long vacation,
41, 248.

notice of filing, and a copy to be served, 42.

filing defence where defendant infant or lunatic, 47.

defence should state facts in ordinary language and concisely, 53.

when pleaded to part of cause of action, should state portion to which
applicable, 53, 86.

pleading several defences, 54; when leave unnecessary, 56.

pleading and demurring, 57.

general issue abolished, 67, 68; form of traverse, 68; where contrast
admitted, defence must be special, 68.

defence of matter arising after commencement of action, or since the
last pleading, 69, 70.

pleading payment, 71; payment of money into court, 71 et seq.
defence not objectionable for treating summons and plaint as framed
in contract or tort, 75.

setting aside embarrassing defences, 80; frivolous defences, 86; sham
defences, id.

defences to writ of revivor, 176.

ARBITRATION, 281-298: and see Arbitrator, Award.

agreement to refer, effect of, 288; what may be referred, 297.
appraisement, to be distinguished from, 292, 296.

changes in the law of, 289.

compulsory arbitration, 281; where matters of account, 282; power
to refer cannot be exercised at nisi prius, 282; proceedings on, id.;
amending or setting aside award, id.; costs of, id.; special case
may be stated where question of law, 283; or issue of fact direct-
ed, id.

costs in cases of, 297, 282.

proceedings before arbitrator, 284; cannot proceed in absence of
party or refuse to hear him, 286; compelling attendance of witness,

ci.

revoking submission, 297.

staying proceedings where agreement to refer, 287, 290.

submission to arbitration, effect of, 288; form of submission, 296 ;
making submission a rule of court under C. L. P. A. 1856, 295;
under statute of Wm. III., id. ; how made, 297; revoking, 297,

ci.

ARBITRATOR: See Arbitration, Award.

appointing, where parties fail to do so, 291; where reference to two
arbitrators, and one party fails to appoint, 292.

fees of, 298.

ARGUMENT, withdrawing pleading, or demurrer, before, pending, or

after, 79-80.

ARGUMENTATIVENESS in pleading, 78, 84.

ARREST on mesne process, xciv, vi.

on final process: see Capias ad satisfaciendum.
where amount less than £10, cxxii.

ARREST OF JUDGMENT, 192, 194; costs, 195,

ASSAULT AND BATTERY. See Son Assault Demesne.

costs in action for, 143.

interrogatories in, 331.

paying money into court in, 73.

ASSESSMENT OF DAMAGES, before master, 104.

by writ of inquiry. See Writ of Inquiry.

ASSETS quando accederint, judgment of, 179.
ASSIGNEE:

interrogatories in action against assignee, 330.
how title of pleaded, 8, 9.

ASSIGNEES: See Bankrupt, Bankruptcy.

ASSIGNMENT:

of breaches. See Bond for Payment of Penal Sum.

of error, 203, 204.

equitable defence of, 353.

ASSIZES:

death of party during, 187.

"AT LEAST," iii.

ATTACHMENT:

conditional order for, to be personally served, xxxv.
fees to be paid before discharge, xxxi.

motion for may be made on any day during sitting of court, ii.
to whom to be directed, xxxi.

ATTACHMENT OF DEBTS, 336. See also Execution, — Charging
Order.

what may be attached, 338; legacy where account stated, id.;
where amount not ascertained, id.; judgment, id.; rent, id.;
amount of an execution, id.; pension, id.; proceeds of commis-
sion, id.; call, id.

what cannot be attached, 338; dividend in the Court of Bankruptcy,
id. ; money paid into Court, id. ; bond of indemnity, id.; verdict
for unliquidated damages, id.; when debtor a trustee, 339; where
debt assigned, id.

several debts may be attached by same order, 338.

judgment must be first revived, 336; breaches must be assigned,
337.

co-debtor may obtain order, 337.

may be obtained against executor, 337; joint debtors, id.

procedure, 337; application must be to a judge, 337; forms of pro-
ceedings, 341.

order to attach is absolute, 337; to pay conditional, id.; effect of,
339; where debtor becomes bankrupt, 339.

execution against garnishee, 339.

garnishee should show cause, 339; how cause shown, 340; issuing
writ against, 340; how entitled, 341; how far garnishee dis-
charged by payment, 341.

discretion of court as to allowing writ, 340.

costs, 342.

ATTACHMENT OF STOCK, &c. See Charging Order.

ATTESTING WITNESS, when necessary to be produced, 304.
ATTORNEYS, days for the admission of, iii.; indentures to be en-
rolled, xxviii.; registry of names and residences, id.

striking name off roll at his own request, xxviii.; when struck off
not to practice in other courts, id.; petition against as officer,
xxix.

attorney when changed to be at liberty to tax and enforce payment
of costs, xxix.; rule to appoint in case of death, id.

on demand to declare whether writ issued by his authority, and
abode of plaintiff, 11.

not to use name of other attorney, xxix; using name of without
authority, 12.

authority of to discharge, 162.

liability of for endorsement on writ of execution, xxvii; for incor-
rect copy of pleading, 76.

ATTORNEYS-continued.

limitations of actions against for negligence, 17; of actions for
costs, id.

set-off not allowed to prejudice of lien for costs, xxix.

AVOWRY. See Replevin.

AWARD. See Arbitration, Arbitrator.

confirming, xlii.

costs to be awarded by, 298.

effect of, 288; as regards title to land, 295.

enforcing, where made under compulsory order, 287; in other cases

by action, attachment, or execution, 287, 145, xlii.

enlarging time for making, 293, 294.

entering as verdict of jury where reference at trial, xliii.

land, rule to deliver possession of, how enforced, 294.

pleading, where made by arbitrator under Railway Act, 66.

requisites of, 284; must be certain and final, id.

sending back to arbitrator, 284; in what cases, 285; power to send
back cannot be ousted by agreement, 285.

setting aside, 285, 286; within what time application to be made,
287.

time within which to be made, 293.

BAIL, vi-ix.

not more than two, vii.

notice of, vi.

in error, 201, xlvii.

BANK NOTES seizable under execution, 151.

BANKING COMPANY:

action by public officer of, 8, 183.

scire facias against shareholder in, 178.

BANKRUPT :

assignees cannot issue execution on judgment recovered by, without
suggestion, 170.

BANKRUPTCY AND INSOLVENCY, of Plaintiff, when not to abate
action, 190; non-prossing plaintiff in cases of, 118, 191.

of defendant, consequences of, 192; defendant cannot non-pros
plaintiff in cases of, 118, 192.

pleading bankruptcy or insolvency of plaintiff, 191, 70; costs in case
of, id.

of defendant, 70; may be pleaded with other defences without

leave, 56.

where error brought, 213.

action by assignee of debts under, 9.

effect of on agreement to refer, 290.

BEGIN. See Right to Begin.

BETTER PARTICULARS. See Further Particulars.

"BEYOND SEAS," what places are, 2, cxxx.

when being beyond seas no answer to statute of limitations, 19, cxxix;
in cases where error brought, 199.