POSSESSION OF LAND, delivery of, pursuant to award, 294.

POSTEA, amendment of, 244.

POSTPONING TRIAL, 120, 300.

POUNDAGE OF SHERIFF, 149, 151.

right to, 149, 150; in what cases, 150; on what amount, 150; may
sue plaintiff for, id.

POVERTY OF PLAINTIFF, when grounds for applying for security
for costs, 49.

not sufficient excuse for not going to trial, 120; unless where tem-
porary, id.

PRAYER FOR JUDGMENT, where action for debt or liquidated de-
mand, should state amount truly, 9; in replevin, 9; where entire
breach shown, should not claim damages for partial breach only, 9.
amendment of, 9.

PRINCIPAL AND SURETY, equitable defences in cases of, 352.
surety entitled to assignment of securities, cxxviii.

PRIORITY OF EXECUTIONS, 147.

PRISON OF THE COURT, prisoner in, may be detained by side bar
order, 161.

PRISONER:

discharge of, from execution, 161.

proceedings to charge in execution, 161.

service of writ on, 26.

bringing up, to give evidence before arbitrator, civ.

PRIVATE ACT OF PARLIAMENT, how proved, lxxix.

PRIVILEGE, how objection of, taken when party is interrogated, 330,

334.

PRIVILEGED, what documents are, 326.

PROCEED, rule to, where no proceeding for year and day, xliv, 36;
where none for two years, xliv, 36.

PROCEEDINGS in formâ pauperis, xlv.

PROCESS OF INFERIOR COURT, pleading, 66.

PROCHEIN AMY:

appointment of, 146.

liability of to costs, 47.

special admission of, vi.

PRODUCTION OF DOCUMENTS, &c. 63, 322-327; and see Discovery,

Inspection.

enforcing production of documents in possession of third person, 134,
324, ciii.

PROFERT, 62.

PROHIBITION, motion for, ii; statute regulating proceedings in, cxviii.

PROLIXITY IN PLEADING, 84.

PROMISSORY NOTE. See Bill of Exchange.

when payable on demand, time begins to run at once, 17.
production of, enforced, 322.

PROOF. See Evidence.

PROPERTY, inspection of real or personal, by the jury or on behalf
of the party, 44.

PROSECUTING process server, 27.

PROVISO, trial by, 121, 122,

PUBLIC COMPANY, service upon, 29; where company dissolved, 29;
interrogating officer of, 322; residence of, for purpose of costs, 362;
for other purposes, 8.

PUBLIC DOCUMENT, production of, 326.

PUBLIC OFFICER, action by, 8; entering suggestion after death of,
183.

PUBLIC RECORD not to be produced without special order, xviii.
PUIS DARREIN CONTINUANCE. See Plea p. d. c.

PUTTING OFF TRIAL, 120, 300.

QUANDO ACCEDERINT, judgment of, 179.

QUARE IMPEDIT, 369.

QUASHING PROCEEDINGS IN ERROR, 207.

QUESTION OF FACT, trial of, by court or judge, 280.
trial of, by jury, cvi.

QUI TAM action, limitation of, 18.

security for costs in, 49.

RAILWAY COMPANY:

scire facias against shareholder in, 178.

service of summons and plaint upon, 29.

production of documents in actions against, 325, 326.

residence of, for purposes of costs, 362; for other purposes, 7.

REAL ACTIONS, act to abolish, 368.

how action in nature of, brought, 369.

REAL PROPERTY :

inspection of, by jury or parties, 44.

RECEIVER, service will not be substituted upon, 33.

RECOGNIZANCE of bail in error, 201.

where security for costs is ordered, xiii.
scire facias on, 178; payment bad plea to, 177.

RECORD. See Abstract for Nisi Prius.

how production of public record enforced, xviii.

inspecting the record where nul tiel record pleaded, xviii. ·

RECORD-continued.

entry of, suggestions upon, 182, xxxix.

separate records may be ordered where joinder of different causes of
action, 52.

RECORDARI FACIAS, writ of, xlvii, cxxiii.

REFERENCE to arbitration. See Arbitration.

to the master, to ascertain damages, 104, xl.; of matters of account
281.

of matters of account to the chairman, 281; and see Remitting Cause.
REGISTERED RESIDENCE OF ATTORNEY to be endorsed on

summons and plaint, 11; on defence, 39; how registry kept,
xxviii; service or delivery at, of notices, &c. id.

REGISTRATION, proving where action brought by medical man, 67.
REGISTRATION OF JUDGMENTS, costs of, xxvi.
does not operate to revive judgment, 18.

REJOINDER:

not to be pled without leave, 45.

cannot be filed with demurrer, 57.

equitable rejoinders, 355.

RELEASE, defence of, may be pleaded with others without leave, 56.
form of defence of, 274, 81.

plea of, to writ of revivor, 176.

equitable replication that release was fraudulent, 356; that it in-
cluded claim sued on, through mistake, 351.

judgment cannot be marked on warrant of attorney, containing re-
lease of errors without assigning breaches, 168.

RELIEF AGAINST ADVERSE CLAIMS. See Interpleader.
where several claims made against owner of ship, 359.

REMANET:

in what cases notice of trial necessary, 110.

when plaintiff may be ruled after cause made a remanet, 116.
REMITTING CAUSE TO CIVIL BILL COURT, 370, et seq.
action of contract, 370; where unliquidated damages claimed, id. ;
joinder of causes of action, id.; within what time application to
be made, 371; claim must be bona fide contested, id.; to what
court cause will be remitted, id.; "sufficient notice" to plaintiff,
id.; what good cause against remitting, 371; power of chairman,
to amend, 372; how costs to be taxed, id.

"visible

action of tort, 372; affidavit in support of motion, 373;
means "of paying costs, id. ; how security to be given, id. ; when
cause fit to be prosecuted in superior court, 373; what court cause
to be remitted to, 374; jurisdiction of chairman, id.

REMITTING CASE TO ARBITRATOR, 284; and see Award.
REMOVAL OF PRISONERS, xxxviii.

REMOVAL OF REPLEVIN, xlvii, exxiii.

CXC

REMOVAL OF SUITS, xxxvii.

RENDER OF PRINCIPAL IN ACTION AGAINST BAIL, viii.

of summons and plaint, 23; evidence of, 24.

RENT. See Ejectment.

limitation of action for, 17.

pleading reduction of, 354, 81.

may be attached, 338.

REPEAL OF FORMER ACTS BY C. L. P. A., 1853, 2; extent of,

id.

REPLEADER, 193.

court of error may award process of, 208.

REPLEVIN, 233-239.

action to be commenced by writ of summons and plaint, 233; when
it lies, 234; in cases other than for an illegal distress, id.; in cases
of bailment, 234.

against whom it lies, 234.

procedure in, 235; form of summons and plaint, 235; prayer for
judgment, 9, 235; within what time summons and plaint to be
filed, 235, 366; defence, 235; application for leave to file several
replications, need not be on notice, 46.

how summons and plaint to be served, 233.

suing out writ of replevin, 236; form of, 270.

plaintiff to proceed to trial within one term, 366.

removal of replevin from inferior Court, xlvii, cxxiii; form of writ
for that purpose, lxiv.

replevin bond, 236; how forfeited, id.; value of property to be as-
certained by sheriff or replevinger, 237; assignment of bond, id.
non-prossing plaintiff in, 238.

form of judgment where plaintiff succeeds, 238; damages, 239; where
defendant succeeds, 238; ascertainment of rent, 366.

REPLICATION, not to be filed without leave except to defence of set
off, 45; when allowed, 45; how leave obtained, 45; in replevin,
46; when refused, id.; how pleaded, 46.

form of, 45, 53, 54; must not be double, id.
serving notice of trial after, 46.

equitable replication, 355.

REPLY. See Right to reply.

REPLYING AND DEMURRING, 55, 57; if without leave, judgment

may be marked, xi.

REPLYING AND JOINING ISSUE, 54.

REPORTS, production of, 325, 326.

REPRESENTATION, equitable defence relying on, 352.

REQUEST, omission to aver, 52.

RESCUE OF GOODS seized under fi. fa., 147.
RESEALING WRIT, 6.

RESIDENCE:

of attorney; see Registered Residence.

of parties, to be mentioned in summons and plaint, 6.
what is, 7; in cases of nonjoinder, 94.

misdescription as to, how and when to be corrected, 7, 8.
where party sues or defends in person, 11, 39.

for purposes of costs, 362.

RESPITING EXECUTION, 148.

RESTITUTION AFTER ERROR, 206, 209; after appeal, 318.
RETRAXIT, cannot be filed without leave, 45.

RETURN, of goods in replevin, 238.

execution for return of chattel, 346.

of writs of execution, how enforced, xxx; to be returned immediately
after execution, xxxi.

to writ of mandamus may be objected to by demurrer, cxx; writ
may be made returnable forthwith, 346.

to statutory writ, 345.

REVIVING JUDGMENT, 170-180; and see Suggestion to Revive
Writ of Revivor; when necessary previous to issuing execution,
170; execution issued after change of parties, irregular unless
judgment revived, id. ; proceedings to revive, 171.

REVOCATION OF ARBITRATOR'S AUTHORITY, 289, 297, ci.,
RIGHT TO BEGIN where cross demurrers, 76; at the trial, 298-300.
RIGHT TO REPLY, 298, 300.

ROLL, not necessary to enter proceedings on, before issuing execution

140.

entering proceedings on, in case error is brought, 141.

ROTATION OF WRITS, 12.

RULES, what they should state, xxxiii. See Conditional Order, Order.
requisition for, xxxii.

service of, xxxi.

RULES OF COURT, when enforceable by execution, 145; when by
attachment, id.; to issue and run in vacation as well as term
time, 215.

RULE OF COURT, making submission to arbitration, 295, xxxv.
RULE TO COMPUTE abolished, 99.

to plead not necessary, 41.

to proceed compromise off, xliii; where no proceeding for year and
day, xliv; for two years, xliv.