INDEX.

ABANDONING:

pleadings and other proceedings, see the respective titles throughout
the Index.

ABANDONMENT:

of possession of premises, what is, 936.

ABATEMENT:

pleas in, 878; dilatory pleas generally, 878; order in which pleas
pleaded, 878; court leans against pleas in abatement, 878; abate-
ment may be pleaded as to part of a declaration or cause of action,
878.
nonjoinder of defendants, 879; cannot be pleaded by carriers,
879; nor to sci. fa. against a public officer of banking com-
pany, 879; statute 3 & 4 Will. 4, c. 42, s. 8, as to, 879; plaintiff
may reply bankruptcy or insolvency of one, 879; residence
of defendant not joined, 879; where, after plea in abatement,
plaintiff begins anew against both, and, at the trial, the defendant
originally nonjoined is not liable, such defendant shall have his
costs against plaintiff who will be allowed them against original
defendant, 879, 880; where statute does not apply, 880; where
Statute of Limitations has run against one, 880, 1290; form of plea
of nonjoinder, 880; plaintiff may, without leave, amend summons
and declaration, 880; form of the amended declaration in such
case, 881; subsequent proceedings against persons named in plea,
880.

misnomer of defendants, 882; statute as to, 882; plea of, not
allowed in personal actions, 882; declaration to be amended for,
882; initial letters or contraction of names, 882.
privilege of attorneys, 882, 1238.

the plea, when pleaded, 882; time for pleading, 882; must be
after appearance, 882; and after declaration, 882; affidavit
to verify, 883; consequences of want of, 883; form of affidavit
verifying plea, 884; how plea prepared and delivered, &c., prac-
tical directions as to, 883; when pleaded in person, 884; repli-
cation, demurrer, 884; no new assignment to plea in, 884 ;
cassetur breve, 884; amendment of writ and declaration in case
of nonjoinder, 885; issue, trial, &c., 884; judgment on, 884;
judgment of quod recuperet, 885; costs on, 885; proceedings after
judgment on plea, 885, time for pleading 885; entry of proceed-
ings in second issue, 885; proceedings in second action, or after
amendment, 885.

ABBREVIATIONS:

in attorney's bill, what allowed, 1252; of christian name of
defendant sued on bills of exchange, &c., 84; in bailable proceed-
ings, 764.

ABODE, PLACE OF, see "Residence."

ABSCONDING DEBTORS:

arrest of, generally, 761; under the Absconding Debtors Arrest Act,
844; see also "Bail," "Arrest."

ABSENCE:

of parties beyond seas, 57, 1289; what is effect of, as regards
Statutes of Limitations, 1289, 1290; parties when residing abroad
may sue, 3, 668; may be sued in certain cases, 105, 108; of
counsel, &c., new trial for, 384; of witness, 387.

ABUTTALS:

statement of, in actions of trespass to land, 136.
ACCEPTING:

of bail, 820; of money paid into court, 914.

ACCOUNT STATED:

count on may be joined with other money demand, 140; evidence
under nunquam indebitatus in action on, 179.

ACCOUNTS, MERCHANTS':

Statutes of Limitations as to, 57, 1289.

ACTION:

notice of, 64, 765; see "Notice of Action;" forms of, 67; parties to,
72; main proceedings in a personal, 81, et seq.; form of, need
not be mentioned in writ of summons, &c., 86; joinder of various
causes of, 86, 136; in what actions defendant may be held to
bail, 761; see " Bail;" actions by, and against particular persons,
&c., 630, et seq.; consolidating, 870.

ACTIONEM NON ·

abolished, 173, n.

ADDING:

bail, 822; counts, 143; pleas, 198.

ADDITION:

of parties, in writ of summons need not be inserted, 85; in affidavits,
1121; in writ of capias, 775; in notice of putting in bail, 816.
ADDRESS, see "Residence."

ADJOURNMENT:

sittings, notice of trial for, &c., 214; of trial, 345; of summons,
1109.

ADMINISTRATORS 651: see

ADMISSION:

Executors."

of documents before trial, 223; in what cases and what documents
opponent may be called on to admit, 224; form of notice to admit,
225; how and when served, 226: how to admit the document, 226;
form of, 227; effect of the, 227; care should be taken not to
admit too much, 227; how the, is proved, 228; form of the affi-
davit of due signature of the, 228; costs and consequences of

ADMISSION-continued.

refusing the, 229; certificate of judge after verdict of refusal to
admit documents, 366; costs of proof after notice to admit, 484.
of summons at judge's chambers, 1109.

of an attorney, 1227, see "Attorneys;" to sue in formâ pauperis,
630, see "Pauper;

of guardian, &c., to prosecute, &c., 637, see "Infant."

ADVERSE CLAIMS:

relief of persons in general against, 919; relief of sheriffs and other
officers against, 924, see Interpleader."

ADVISING:

on evidence, 223; when costs of allowed, 223.
AFFIDAVIT:

in general, 1116; how it should be framed, 1116; if unneces-
sarily prolix, 1116; if charged with libellous or scandalous matter,
1117; by whom generally made, 1117; any person may be com-
pelled to be examined if refuses to make affidavit, 1117; stamp
on unnecessary, 1118; must be drawn up in first person and
in paragraphs, 1118; title of the court, 1118; title may be im-
plied from other parts of affidavit, 1118; title of the cause, &c.,
1118; parties' names, 1119; description of parties, 1119; where
several plaintiffs or defendants, 1119; in case of misnomer, 1119;
where suing en autre droit, 1119; where several actions, 1119;
in setting aside, &c., bail bond, 1120; where cause removed to
Exchequer Chamber in error, 1119; where no cause in court,
1120; motion respecting warrant of attorney, 1120; certiorari,
1120; procedendo, 1121; prohibition, 1121; submission to ar-
bitration, 1121; attachment, &c., 1120; application against at-
torneys, 1121; in affidavits in answer to a rule, 1121; title to
exhibit, 1121; there should be on face of exhibit certificate to
identify it, 1121; consequences of defective title, 1130; deponent's
abode, 1121, 1122; when a party in the cause, 1121; deponent's
degree, 1121, 1122; addition, &c. of other parties, 1122; state-
ment must purport to be on oath. 1123; commencement of the
affidavit, 1123; if several deponents, 1123; deponent's signature,
1123; affirmation instead of oath, 1123, n (9.); jurat, 1123;
time and place of swearing, 1123, 1124; when sworn before a
commissioner, 1124; description of commissioner's authority,
1124; by a foreigner, 1124; by an illiterate person or marksman,
1125; jurat should be signed by judge or commissioner before
whom sworn, 1124; no erasure, or interlineation in jurat, 1125;
effect of defective jurat, 1125, 1130; forms of jurat, 1126;
before whom it must be sworn, 1126; before a judge, com-
missioner, &c., 1127; before attorney in the cause, or his clerk,
1127; before & commissioner for taking affidavits in Scotland
and Ireland, 1127; a Scotch justice of peace may take affidavit
out of Scotland, 1127; abroad before magistrate, 1127; on veri-
fication of signature, 1127; or certificate of notary, 1128; also
before British consul, &c., 1128; when to be sworn, 1129; when
to be filed, 1129; where used before a judge, 1129; on motions,
1129; where time limited for filing, 1129; compelling filing,
1129; opposite party may use affidavit when filed, 1129; copy of
exhibit, 1129; taking off files, 1129; defects of when aided,

AFFIDAVIT-continued.

amended, &c., 1130; in jurat, 1130; alteration or interlineation,
1130; how long an affidavit is in force, 1130; making fresh ap.
plication on amended affidavits, 1101.

affidavits in particular proceedings, &c., see the respective titles
throughout the Index.

AFFIRMATION:

instead of oath, may be made by witnesses, 335; form of, 335.
AFTER:

meaning of the word, 39.

AGENT TO ATTORNEY, 1268; see 66

costs of agent attending trial, 488.

AGENTS:

Attorneys:"

plea of non assumpsit in actions against, for not accounting, 179.
AGREEMENT:

inspection of, 289; see "Inspection; " order to produce to get
stamped, &c., 288; terms of agreement not to bring error, and not
to issue execution, should be expressed in cognovit, 1020; when
proceedings for reviving judgment not necessary after, 1062.

ALIAS:

and pluries writs of fi fa, 568; of ca, sa. 568; of attachment,
1140; of summons abolished, 102; of capias abolished, 771.

ALIEN:

may sue in courts here, 668; must give security for costs, 668;
may be arrested, 3, 766; proof of foreign law, 669; when may
be a juror, 238; plea of alien enemy must be specially pleaded,
668; plea of, not issuable, 169.

ALLEGING:

diminution of record, 542.

ALLOCATUR:

for costs 1256; exigent, 1071.

ALLOWANCE:

of bail, 821.

AMBASSADORS :

and servants of, cannot be held to bail, &c., 778, 786; security for
costs in actions by, 863; privilege of from fi. fa. 576.

ambassadors and other British ministers abroad may administer
oaths, &c., 1128.

AMENDMENT:

of writ of summons, 103; of declaration, 143; at what stage al-
lowed, 143; on what terms declaration amended, 143; aban-
doning order for amendment without rescinding it, 144; amend-
ing particulars, 153; amending pleas and adding thereto, 198;
amending replication, 206; amending issue, 210; amendment by
sheriff on writ of trial, 1295; amending writs of execution, 609;
amending sheriff's return to rule to return, 613; plaintiff amending
declaration by way of changing venue, 876; amendment by plain-
tiff after plea of nonjoinder, 880; amendment of plea puis