FALSE REPRESENTATION: pleadings in actions for, 81. equitable defence relying upon, 352. FEES TO BE ALLOWED ON TAXATION OF COSTS, 1. FEIGNED ISSUE, proceedings upon abolished, cvi; and see Inter- FELONY, proof of previous connection for, how given, 304. FEME COVERT. See Married Woman. FIERI FACIAS. See Execution. from what time it binds chattels, 147, cxxvi; chattels real, 147. sheriff's fees upon, 150; expenses, id. money, bank notes, and securities for money, may be seized, 151. FILING AFFIDAVIT, date of, xxxvii. where notice of filing must be served, copy must likewise be served, CXXXV. FILING SUMMONS AND PLAINT, 35-38. in replevin, 366. not a fresh step after knowledge of irregularity, 5. within what time to be filed, 35, 36; time not to be extended unless where original destroyed, 36. where several defendants, 36; in ejectment, lxviii. a copy may be filed, 36. marking judgment where writ filed more than a year, 36. motion to set aside summons and plaint before filing, premature, 37, where writ not filed cause not out of court, 37. rule for costs of not filing, 37. defence and other subsequent pleading, 46. writ of revivor, 177. assignment of error, 204, xlvii. FINAL JUDGMENT. See Judgment by default. FINDING OF JURY, entering judgment where finding incomplete, 142. FIXING SUM FOR COSTS, 215. FOREIGN ATTACHMENT, 336; and see Attachment of Debts. FORFEITURE, interrogatories in cases of, 330. FORM, defect of judgment not to be stayed or reversed for, 139. FORMS OF ACTION abolished, 3. FORMS OF PLEADING in schedule to C. L. P. A., 1853, 271; may be adopted, 51. FRAUD: interrogatories as to, 331. particulars of, 44. equitable defence of, 352. FRAUDULENT CONCEALMENT no answer to statute of limitations, 17, 350. FRIVOLOUS OBJECTION TO PLEADING, 86. FURTHER MAINTENANCE OF ACTION, pleas to, 69-70. FURTHER TIME TO PLEAD, obtaining, 41. GAOLER may discharge prisoner by authority of attorney, 161. GARNISHEE. See Attachment of Debts. ). Junany 2. Byers GAZETTE, publishing notice of issuing summons and plaint in, 28. GENERAL ORDERS, i-lxxv. See the Table of Contents. GENERAL RULES, power to make, 249. GIVING TIME TO PRINCIPAL, equitable defence relying on, 352. GOOD JURY, 107. GROUND WRITS, not necessary, 148. GUARANTEE, consideration for, need not appear in writing, cxxvii. GUARDIAN, to infant or lunatic appointing, 47. consequence of not appointing, 47. liability of, to costs, 47, 48. removing, 47. GUERNSEY not "beyond seas," 2, cxxviii, et seq. HABEAS CORPUS AD TESTIFICANDUM, where commission issued, civ. HABERE, renewing, 163. HANDWRITING, proof of, 305. HEIR, liability of, to costs in error, 199. HOLIDAYS, 247, iii. HOUSE OF LORDS, may examine order quashing proceedings, 207. bringing error to, 200, 206. a court of appeal, 317, execution on order of, 146. HUSBAND AND WIFE, See Marriage, Married Woman. joinder of causes of action, 52. action by, continuing after death of wife, 182, 53. execution against, 190, 101. scire facias by or against, to have execution, 178. husband not to be liable to debts of wife where marriage after 9th admissibility of, as witnesses, lxxxvi. not compellable to disclose communications made during marriage, IDIOTS. See Lunatic. ILLITERATE PERSON, affidavit by, xxxvi. IMMEDIATE EXECUTION, applying for, 147. IMPRISONMENT OF CREDITOR NOT TO BE A DISABILITY, INCORRECT COPIES OF PLEADINGS, consequence of delivering, 76. INDORSEMENT OF SERVICE, 25; and see Service. INDORSEMENTS: amending, 14. on promissory note, in answer to statute of limitations, 23. on summons and plaint, 5, 6, 9, lxvii; how irregularity in, taken ad- on writs of execution, xxvii; liability of attorney for incorrect de- INFANT. See Disability. appointing next friend and guardian to, 46, 47. how he sues and is sued, 46, 47. judgment against, by default, 48, 101. INFERENCE OF FACT, power of Court to draw, 314. INFERIOR COURT. See Civil Bill Court. process, etc., of, how pleaded, 66. removing causes from, xxxvii, xlvii. INITIALS, describing party by, 7, xcviii. INJUNCTION, action for, 347; when remedy applicable, id. mandatory injunction may be obtained, 348; does not lie for non- INJUNCTION-continued. form of summons and plaint, 348; pleadings, 348; claim f r, cannot be pleaded to, id. when writ may be applied for, 349. granting of, in the discretion of the Court, 349; terms, id. INJUNCTIONS to have specific operation, 213. INLAND BILL, what is, cxxviii. INNUENDO a question for the jury, 65; where not defamatory, sum- INQUIRY. See Writ of Inquiry. where claim matter of calculation, 104. INQUISITION. See Writ of Inquiry. INSOLVENCY. See Bankruptcy. INSPECTION OF DOCUMENTS, 64, 322-327; and see also Discovery. common law jurisdiction as to, 322; enforced when document INSPECTION OF PROPERTY, 44. INSTALMENTS, action on bond to secure, 167. INSURANCE. See Policy of Assurance. INTEREST, when recoverable, 101; from what date judgment carries, four per cent. payable on judgment, xcvii. judgment for penal sum does not carry interest, id. may be allowed by jury in certain cases, xcix; in action on policy to be allowed in proceedings in error, xcix. INTERLOCUTORY COSTS, enforcing payment of, after death of INTERLOCUTORY JUDGMENT. See Writ of Inquiry. where several, 105. death of party after and before final judgment, 188; form of writ INTERPLEADER BY STAKEHOLDER, cvi-cxii. remedy at common law and in equity, cvii. remedy under the statute, cviii; when allowed, id. nature of claims necessary to give jurisdiction, cviii, cix. how far necessary that claims should have a common origin, cix. procedure in, cx. costs, cx. INTERPLEADER BY SHERIFF, cxii-cxv. sheriff may at common law impannel jury to inquire, cxii. remedy by statute, cxii; in what cases applicable, id.; where procedure, cxiii, cxiv. costs, cxiv; how right to affected by bankruptcy of execution debtor, security for costs may be obtained in cases of, 49. INTERPRETATION CLAUSE in C. L. P. A., 1853, 2. INTERROGATORIES, 327-332. See also Discovery. power to deliver, 327; more extensive than in equity, id.; allowed when plaintiff resident abroad, 331. how leave to administer, obtained, 332; affidavit in support of, 333. when may be administered, 332. how objection of privilege taken, 330, 334. course to be adopted where party does not answer, 334; applying using depositions, 335. IRREGULARITY. See Amendment. in plaint where defective indorsement, 5. amending irregularity in plaint, 13. in service, 27. when amendment unnecessary, 240. when application to set aside to be made, xlv. waiving, 13, 240, xlv. ISSUE OF FACT, trial of, cvi. ISSUES. See Joining Issue. form of, 110. settling, 109, xix; where issue not triable by jury, 109; where draft of issues may be furnished with notice of trial or before, lxviii. ISSUES, costs of, where several, 57. JERSEY, not "beyond seas," 2, cxxviii, et seq. JOINDER IN ERROR, 203; form of, 266, JOINDER OF CAUSES OF ACTION, 52. JOINDER OF COUNTS, 8; where service is substituted, 31. |