NEW TRIAL-continued.

for misconduct of party, 312.

where improper jury impannelled, 312.

for misconduct of jury, 313.

when verdict against weight of evidence, 313.

surprise, 313.

newly discovered evidence, 313.

in ejectment, 314.

verdict or non-suit cannot be entered unless leave reserved, 314.
may be directed where leave reserved to enter verdict or non-suit,
314.

practice as to applying, 315; extending time for moving, 315;
certificate of counsel, id. ; judges' report, id.; moving after death
of party, id.

appealing where rule refused, 315.

costs of motion and former trial, 319.

NEW TRUSTEES, suggesting appointment of, 172, 174.
NEXT FRIEND to infant or lunatic, appointing, 46, 47, vi.
consequence of not appointing, 47.
liability of, to costs, 47.

removing, 47.

NISI PRIUS RECORD. See Abstract.

NOLLE PROSEQUI :

costs, where entered, c.

NOMINAL DEFENDANT IN EJECTMENT, may be ordered to
give security for costs, 49.

NOMINAL PLAINTIFF may be ordered to give security for costs,

49.

NON-DIRECTION, when ground for a new trial, 311.

NONJOINDER of parties to action, consequences of 87-88; plea in
abatement for, 87, 89.

of defendants in action of contract, 88; how objected to, 87; pro-
ceedings where objected to, 93-94; amending, 94, 96: proceeding
against new defendant added, 94; in actions of tort, 88.

of executor, 88.

of plaintiffs in action of contract, 88; amending before trial, 90, x ;
at the trial, 91; after notice, 92; in action of tort, 88.

amendment of, appeal from judge's decision allowing or disallowing,
91.

NON-OBSTANTE VEREDICTO, motion for judgment, n. o. v, 192.
NON-PROS, for not filing summons and plaint, 37; for not going to
trial, see Default in going to Trial; in replevin, 238.

NON-PROSSING PLAINTIFF IN ERROR, 204.

NON-SUIT. See New Trial.

grounds must be stated in rule nisi to enter, 310; when ruled to be
applied for, xxi.

NON-SUIT-continued.

should be directed when no evidence to go to jury, 311.

cannot be entered unless leave reserved, 314; new trial may be di-

rected where leave reserved, 314.

appeal where rule refused or granted, 315.

"NOT LESS," iii.

NOTICE OF ACTION, 6; relying on want of, 67.

NOTICE OF INQUIRY, 107.

NOTICE OF MOTION, what it should state, 86, xxxiii; service of, 31.

marking judgment after service of, 102.

NOTICE OF TRIAL, 110-113. See Costs of the Day.

by defendant, 122.

countermand of, 112, 113; where countermand late, 113.

demurrer, after filing of, xx.

form of, 111.

length of, 111.

pending appeal, 112.

service of, 111; where several defendants, id.

short notice of, 112.

waiving defect in, 112.

NOTICE OF TRIAL in error, 209.

NOTICE to admit, 131-134.

form of notice, 131, xiv; object of notice, 131; what documents
within statute, 132; copies, id.; effect of admission, id.; extent
of admission party entitled to, 132; form of admission, 133; in-
advertent admission, id.; when party may refuse to admit, 133;
costs where witness called to prove other matters, 133; proof of
admission, 134.

to produce, 134, 135.

when necessary to be served, 134; on whom to be served, id.; form
of notice, 135; when to be served, 135; proving document after
service of, 135.

to produce documents, how far a stay of proceedings, 64.

to reply, rejoin, &c., 46, 109.

to show cause, xxxiv.

NOTING DISHONOURED BILL, expenses of, may be recovered,

cxxxvi.

NUISANCE, injunction in actions for, 347.

NULLITY AND IRREGULARITY, distinction between, 240.

NUL TIEL RECORD, plea of, xvii.

NUNC PRO TUNC, entering judgment, 181.

OATH, power to administer, lxxxiv.

British diplomatic or consular agent may administer, lxxxix.
when arbitrator may administer, ci.

OFFICE COPIES of memorials to be receivable in evidence, lxxvi.

OFFICER, security for costs by, 49.

OMISSION, verbal or technical, 13.

ORAL EXAMINATION OF WITNESS may be ordered. 320.
of interrogated party may be ordered when answer insufficient, 334-
ORDER. See Conditional Order, Rule.

how enforced, 145; when for payment of costs, xxxv.

of court of equity or superior court to have the effect of a judgment,
xcvii.

requisition for, to be lodged on the day order is obtained, xxxii.
OVERCHARGING CERTIFICATE of amount due, action for, 149.
OVERMARKING EXECUTION, action for, 149.

OYER, abolished, 62.

PANEL OF JURORS, 124, xx.

PAPER BOOKS. See Demurrer Books.

PAROL VARIATION, equitable pleading relying on, 351, 356.
PARTICULARS. See Further Particulars.

of demands and credits to be endorsed on summons and plaint, 9;
to be annexed to abstract, xiv; what they should state, 9; should
not contain traversable statements, 10; amendment of, id., 44 ;
where account furnished, II.

in actions for breach of a patent or copyright, 10; in actions under
Lord Campbell's Act, 10; cxvii.

of set-off, 40.

PARTICULARITY IN PLEADING, 81, 82.

PARTIES TO ACTION.

See Misjoinder of Parties, Nonjoinder of

Parties, Death of Parties.

character in which they sue to be stated, 8; to be taken as admitted
if not traversed, 67.

PART PAYMENT, effect of, in reviving debt, 20, 21.

where made by one of several joint debtors, 22, cxxx.

PARTNER:

substituting service upon, 33.

PARTNERSHIP, guarantee to or for, to cease after change in, cxxviii.
PATENT:

particulars in actions for infringement of, 10; interrogatories, 331.
form of count for infringement of, 273.

PAUPER will be compelled to give security for costs where he sues as
nominal plaintiff, 49.

rules in reference to suing in forma pauperis, xlv.

PAYING MONEY INTO COURT, in what actions allowed, 71-73;
cannot be pleaded with other defences, 72; where pleaded to a por-
tion of demand, 72; effects of, by way of admission, 72; evidence

PAYING MONEY INTO COURT.-continued.

upon issue as to sufficiency, 72; may confess without bringing in,
73; in assault and battery, 73; in libel, 73; ruling plaintiff
after, 119; in actions under Lord Campbell's Act, cxxxix; in
actions upon bonds, 72.

drawing money lodged, 73; where taken in full satisfaction, 74:
costs, etc. where not taken in full, 74, 75; costs where plaintiff
afterwards makes default in going to trial, 119; plaintiff's right to
costs when taken in full, 74; amount of costs, lxv.

where action brought by lunatic, 47, 74.

PAYMENT. See Paying money into Court, Particulars.

must be pleaded, 71; advantage of giving credit in particulars for
payment, 10.

after action, 69.

PAYMENT, plea of, to writ of revivor, 176, 177; cannot be pleaded to
scire facias on recognizance, 177.

PEERS not compellable to give security for costs, 49.

PENALTY, limitation of actions for, 18.

security for costs in actions for, 49.

PENDING ACTION, stay of proceedings in case of, 214.
PENSION cannot be charged, 153; or attached, 338.

PEREMPTORY order for payment of costs for default in going to
trial, 115, 119.

writ of mandamus, issuing of, after judgment in action of mandamus,
344; form of, 344; effect of, 345.

PERJURY:

person making false affirmation or declaration in lieu of oath, to be
subject to same punishment as for, 301, xciii.

persons giving false evidence upon examination or on any affidavit
in proceedings under C. L. P. Act, 1856, to be liable to penalties
for, 359.

in affidavit before consul, 35.

in examination, etc. under 3 and 4 Vict., ch. 105, civ.

PERSON, provisions where party sues in, 3.

indorsement on writ or defence, where party sues or defends in per-
son, 11, 39.

PERSONAL ACTION, 4.

PERSONAL ACTIONS, abolition of forms of, 3.

PHOTOGRAPHS OF DOCUMENTS, when allowed to be taken, 325.

PLAINTIFF CHANGING HIS OWN VENUE, 61.

PLEA IN ABATEMENT. See Abatement, Plea in.

PLEA PUIS DARREIN CONTINUANCE, 70, 71.

PLEAD, rule to, not necessary, 41.

PLEADING. See Summons and Plaint, Appearance and Defence, Re-
plication, Demurrer, Equitable Pleadings.

how entitled and dated, 214.

copies of, together with notice of filing, to be served, 42, 46.

after defence no pleading without leave, 45.

after summons and plaint, to be signed by counsel, ix.

particulars no part of pleading, 10.

cause of action need not be stated in particular form, 3; should be
stated truly and succinctly, 8; each cause of action in separate
paragraph, 6.

defence and subsequent pleadings to state facts in ordinary language
and concisely, 53.

equitable pleadings. See Equitable Pleadings.

forms of, 271.

facts not traversed admitted, 67.

false, frivolous, sham, or for delay, or embarrassing, may be set
aside, 80, 86.

general issue abolished, 67, 68.

new assignment, 46.

not to be filed during long vacation, 248, 41; except where action
brought under Summary Procedure on Bills of Exchange Act,
cxxxvii.

setting out deeds and documents in pleading, 63.

time for pleading, 38, 41; where proceedings stayed, 41; and see
Appearance and Defence.

performance of conditions precedent, how averred, 65.

pleading and demurring, 57.

replying and demurring, 57.

pleading several matters, 54.

pleading process, etc. of inferior court, 66.

pleading in libel and slander, 64.

pleading matter arising after commencement of action, 69; matter
arising after last pleading, 69.

pleading payment, 71; payment into court, 71.

how construed upon demurrer, 77; if good in substance sufficient, 76.
departure or misjoinder fatal, 78.

setting aside embarrassing pleadings, 80.

motion to set aside, 86; what notice should state, id. ; when appli-
cation to be made, 86, 87; costs, 87.

setting aside sham defence, 86; defence pleaded against good faith,
86.

PLEA TO ASSIGNMENT OF ERROR, 203.

PLEADING AND DEMURRING TOGETHER, 57.
PLENE ADMINISTRA VIT, may be pleaded with other defences with-

out leave, 56; marking judgment after plea of, xii; nature of judg
ment, 179; interrogatories as to defence of, 330; particulars of, 44.
POINTS FOR ARGUMENT, where demurrer filed, xiii.
POLICY of ASSURANCE:

actions on, substituting service in, 31; particulars in, 44; production
of proposal enforced, 324; equitable pleadings in action on, 351,
352; may be effected by husband or wife for benefit of wife and
family, cxlix.