Page images


darrein continuance, 889; amendment of plea of nul tiel record,

893; amending a pleading demurred to, 903.
amendment generally and Statute of Jeofails, 1077; what proceed-

ings amendable at common law, 1077; what amendable by
statute, 1077, 1078; what defects, &c., aided at common law,

1077; what aided by the Statute of Jeofails, 1077.
before trial, 1078; indorsement of writ of summons, 1079; rule for

a reference, 1079; particulars, 1079.
at the trial, generally, 1079; meaning of real question in contro-

versy, 1079; amending form of action, 1079; declaration, 1079;
adding a plea, 1079, n.; amending plen, 1080.
after trial, 1080; particulars, 1080 ; rule nisi, 1080; plea, 1081;

postea, 1081; amending verdict, 1081 ; jury exceeding damages,
1081; amending postea from judge's notes, 1081 ; to whom ap-
plication to amend postea should be maile, 1082 ; amending the

judgment, 1082.
in case of misjoinder or nonjoinder of parties, 1083; as to amend-

ing of plaintiffs before trial, 1083; at the trial parties may be
added or struck out if no injustice done, and if defendant have
given no notice objecting to nonjoinder of the parties as plaintiffs,
1083; if defendant give notice or plead in abatement the non-
joinder, the plaintiff may, without order, amend the writ and
pleadings, 1084 ; he must first file consent of parties nonjoined,
1084; if too many defendants joined in action ou contract, it may
be amended before trial, 1085; if at trial it appear that defen-
dants in contract are misjoined it may be amended, 1085; a de-
fendant against whom judgment by default had been signed may

be struck out, 1085,
when amendment shouid be applied for, 1086; must in general be

only by leave of court or judge, 1086; may be to judge first and
then appeal to court, 1086; iť rule nisi to set aside is obtained,
proper course is to get cross-rule to amend, 1086 ; though error
brought, application should be to court below, 1086 ; generally
allowed only on payment of costs, 1086; but if costs not paid,
party cannot be compelled to pay, 1087; only course is to provide
for this in rule, 1087; if rule abandoned after service, costs

before abandonment cannot be obtained, 1087.
amendment in particular cases, see also the respective titles through-

out the Index.

tender of plea of, by justices, &c., 709 ; see “Tender."


lands in, may be extended under elegit, 586.

particulars and panel of jurors to record, 318.
action for, staying proceedings in, on payment of arrears, &c.,

1043; clause as to scire facias, in warrant of attorney to secure,
1003; bond for, within the 8 & 9 Will. 3, 1036; sci. fa. on judg-
ment for subsequent arrears of, when necessary, 1017.


against decision of court granting or refusing new trial, 404, 1296.
from County Courts, 1199; enactment as to, 1199; where appeal

lies, 1199, 1200, 1201 ; jurisdiction of County Court, 1200;
extended by consent to all cases except crim. con., 1200; Do
appeal lies if parties so consent, 1200; wbat is the test of the
appellate jurisdiction, 1200; appeal lies from judgment of

County Court on the extended jurisdiction, 1201.
the appeal and notice of appeal, 1201; rules of County Court as to,

1201, 1306; security for costs, 1202, 1306; at cost of party
appealing, 1202 ; may be by bond or by deposit with the regis-
trar, 1202 ; statement to what court appeal to be made, 1203;
the case, 1203; proceedings when appellant does not prosecute
appeal, 1203, 1306; setting down case for argument, 1204;
delivery of copies of case to judges, 1204 ; argument of appeal,
1204 ; when heard, 1205; power of Court of Appeal over the
cause, 120.5; costs, 1205; proceedings after appeal determined,

1205 ; appeals from London Small Debts Court, 1206.
to writ of summons, wbat may be done before, ill; when to be

entered, 112; entering it afterwards and before judgment, 112,
113; who to appear, 113; mode of appearance, 113; appearance
should be dated, 113; if defendant appear in person must give his
address, 113; if defendant sued by wrong name, 113; when
several 'defendants, all may appear by one appearance, 113, 114;
if some of defendants only appear, may sign judgment against the
rest, 114; where a person not named in writ of ejectment ap-
pears, 114; attorneys uudertaking to enter appearance, 114, 1244 ;
effect of appearance is to waive irregularity, 114; plaintiff cannot

enter appearance for defendant, 116.
default of appearance to writ specially indorsed, 115; final judg-

ment may in such case be signed with leave of judge, 115; and
execution issue, 115; form of final judgment, 115; application to
set aside judge's order, giving leave to sign judgment, 116; if
Sunday is last of eight days, execution may issue on the Monday,

default of appearance to a writ not specially indorsed, 116; on affidavit

of service and copy of summons being filed, plaintiff may file decla-
ration, 116; if no plea is delivered and amount claimed is liqui-
dated, judgment may be signed, 116; what costs allowed in such

case, 116.

appearance in particular actions and proceedings, see the respective

titles throughout the Index.

articled clerk to an attorney, not an, 1221, n.
what may be referred, 1141 ; the order or agreement to refer, 1142 ;

form of submission, &c., 1142 ; where there is a cause in court,
1142; how the order of reference is drawn up, 1142; reference
by deed or agreement, 1142; with whom to be entered into, 1143 ;
form of agreement of reference in writing, 1143; construction of


submission, 1143; effect of submission, 1145; if action brought
on subject-matter of reference, the court or a judge may stay pro-

ceedings, 1145, 1305; stamp on agreement of reference, 1148.
appointment of arbitrator when not named in submission, &c., 1145 ;

where arbitrator, &c., to be appointed with concurrence of all parties,
1146; in case of death, &c., of appointed arbitrator, 1146; where
several arbitrators, to be appointed by each party, 1146; making
submission a rule of court, 1147; enactment of Common Law
Procedure Act as to, 1147; 'what cases within the statute or not,
1147; making enlargements a rule of court, 1148; at what time
submission to be made a role of court, 1147; of what court,
1147 ; motion must be made on original submission, 1148 ;
and enlargements, 1148; submission must be stamped before
motion, 1148; affidavit in support of motion, 1148; rule, how
obtained, 1148; revocation of submission, 1148 ; stat. 3 & 4 Will.
4, c. 42, as to, 1149; when it applies or not, 1149; where revo-
cation allowed, 1149; revocation by death, 1150; by marriage,
1150; bankruptcy or insolvency of party not a revocation, 1150 ;

costs in case of abortive reference, 1151.
proceedings upon the reference, 1151 ; obtaining appointment from

arbitrator, 1151 ; mode of conducting reference, 1151 ; arbitra-
tors, direction as to, 1151; general course of proceeding, 1151;
where several arbitrators, 1151 ; proceeding ex parte, 1152 ;
arbitrator should only inquire into matters referred, 1152; ex-
amination of witnesses, 1152; admissibility of evidence, &c.,
1152 ; swearing witnesses, 1152 ; private communications to arbi-
trator, 1152; delegation of authority by arbitrator, 1152; em-

ployment of professional assistance in drawing award, 1152.
compelling attendance of witnesses, &c., 1152; form of memoran-

dum by an attorney for rule or order commanding attendance,

1153; privilege of witness from arrest, 261, 784,
enlargement of time for making award, 1154; by arbitrator, 1154;

by umpire, 1154; by consent of parties, 1154; by court or á
judge, 1155; effect of proceeding without proper enlargement,
&c., 1155.
arbitrator's authority how determined, 1156.
umpire, appointment of, and proceedings by, 1156; appointment of

in general, 1156 ; where no power of appointment in submis-
sion, 1156 ; umpire proceeding with reference after time for
arbitrator's award elapsed, or after notice of their disagree-
ment, 1156; must not be appointed by lot, 1156; where parties
to appoint cannot agree, or in case of death of umpire, 1157;
no stamp necessary on appointment, 1157; how far arbitrators
may act after appointing umpire, 1157; examination of witnesses,
&c., by umpire, 1157 ; when he may receive evidence from arbi-
trators, 1157; enlargement of time by umpire, 1157; time for

umpire making his award, 1158.
the award, 1157; by whom to be made, 1157; arbitrator may em-

ploy a professional person to prepare it, 1152 ; when to be made,
1168 ; when no time limited by reference, 1158; form of, 1158;
recitals, 1158 ; must pursue submission, 1157 ; must not be un-
certain or ambiguous, 1158; award in alternative, 1158; should
state how an act is to be done, 1158; award good if it can be

rendered certain, 1159; must finally settle all matters referred,
1159; awarding payment at future day or security to be given,
1159; need not be stated that every matter referred to adjudi-
cated upon, 1159; award must not be inconsistent, 1159, must
not direct an illegal act to be done, 1159; award in favour of
or against a stranger, 1159; stating case for opinion of the court,
1160; form of special case stated by arbitrator, 1160; form of
judgment thereon, 1160; award as to costs, 1161; of the reference,
1161 ; of action, 1161; where costs to abide the estat, 1161;
costs allowed by particular statutes, 1162; certifying for costs
where less than 201. is awarded, 1163; arbitrator's authority over
amount of costs, 1161; ordering taxation, 1162; arbitrator's
charges and lien upon award, &c., 1162 ; bad in part, 1159;
stamp on, 1163; execution of, 1163; publication of, 1163; altera-

tion of, 1163.
taxation of costs awarded, 1162 ; how obtained, 1162 ; at what

time, 1162; mode of taxation, 1162; where cause referred less
than 201. awarded, 1163; reviewing taxation, 1162; apportion-

ment of costs, 1161.
setting aside award, 1164; in what cases, 1164; when not, 1165 ;

when useless to apply, 1165; in general, unnecessary to set aside
award for defect apparent on the face of it, 1165; how objections
may be waived, 1166; who may apply to set aside. 1166; time
for application to set aside, 116o; within what time where
cause referred at Nisi Prius, 1167; where reference by rule or
order not at Nisi Prius, 1166; where submission may be made a
rule of court under 9 & 10 Will. 3, c. 15, 1166 ; time for motion
to set aside judgment on award, 1167; application to set aside
award cannot be made pending stay of proceedings, 1167;
application for, how made, 1167 ; atsidavit in support of, 1167 ;
objections should be stated in rule, 1167; what a sufficient stale-
ment of objection, 1168; rule, how drawn up, 1168 ; is a star of
proceedings, 1168; showing cause on last day of term, 1108;
arbitrator's notes, reference to, on argument, &c., 1168; second
application, 1168; costs of first trial where award set aside, and

cause tried again, 1168.
referring back matters to arbitration, 1169; in what cases, 1169 ;

when application to' be made, 1169; course to be pursued, on
reference back, 1169; where award referred back on one of several
points, 1169; form of amended award, 1169; time for making
amended award, 1169; costs of reference back, 1109; second

taxation of costs after amended award, 1169.
enforcing performance 'of award, 1170; by action, 1170; in what

cases action lies, 1170; defence to action, 1170; where award

bad only in part, 1159, 1160.
by attachnient, '1170; in what cases, 1170; pending action to set aside
award, &c., 1171 ; at whose instance attachment granted, 1171 ;
against whom, 1171; submission must be made a rule of court,
1171; costs must be tared, 1171 ; service of rule, &c., on party
to perform award, 1172 ; demand of performance, 1172; affidavit
in support of motion, 1172 ; form of affidavit of execution of refer-
ence, 1173; of execution of award, 1173; of due enlargement,
1173; motion for rule for attachment, 1173; affidavit showing


cause, 1174; what may be shown for cause, 1174 ; second appli-
cation after rule discharged for defect in affidavit, 1174; making
rule absolute where no cause shown, 1174; proceedings on rule

being made absolute, 1174. See “Attachment."
by execution under 1 & 2 Vict. c. 110, 1175; in what cases, 1175;
mode of proceeding, 1175; preliminaries to applying for rule,
1175; application for rule, 1175; showing cause, 1175; making
rule absolute where no cause shown, 1175; writ of execution,

where a verdict has been taken at Nisi Prius, subject to award,

&c., 1175; signing judgment, &c., 1175; time for, in case of

defendant's death pending reference, 1176.
where award directs possession of land to be given up, 1176; enact-

ment of Common Law Procedure Act, 1854, as to enforcing such
award, 1176; form of writ of habere facias possessionem, on a rule

to deliver possession of land pursuant to award, 1177.
Compulsory Arbitration, 1177.
order for, before trial, 1177 ; when order silent as to costs, 1178;

where some items only disputed judge may refer all, 1178; party
must sign judgment before issuing execution under this clause,
1178; form of writ of execution where the court or judge decides
on matter of account, 1178; when matter is referred, 1179 ;
special case may be stated and question of fact tried, 1178; form
of special case, 1179; form of issue in such case, 1180 ; judge
at trial may refer any matter of account; 1180; form of postea

where he tries without jury and orders arbitration, 1181.
proceedings upon reference and power of arbitrator, 1181.
enlarging time for award, 1182.
the award needs no stamp, 1182.
setting aside award, 1182; within what time application for, to be

made, 1182.
sending back matters referred to arbitrator, 1182.

enforcing performance of award, 1182.
of demurrer, &c., 902; of special verdict, 902, 359; of special case,

902, 908; on error, 533, 634 ; on showing cause against rule nisi,

1098, 399; of appeal from County Courts, 1204.

on writ of capias, 761; as to hail, see " Bail."
statute permitting arrest, and regulating proceedings thereon, 762,
776; delivery of writ to sheriff

, 776 ; duty of sheriff to execute
writ, 777 ; warrant, and bailiff appointed by, 777.
who may be arrested, 777; considerations for sheriff before executing

the writ, 778; royal family and serrants, 777, 785; peers and
members of Parliament, 778, 785; ambassadors, 778, 786; bank-
rupts, 779; insolvents, 781; married women, 782; executors,
&c., 783; infants, 783; lunatics, 783 ; seamen, 783 ; soldiers and
marines, 784; privilege of witnesses from arrest, 261; discharge
of witness if unlawfully arrested, 262; writ of protection, 788;
parties, witnesses, &c., connected with a cause, \ 784; barristers
and attorneys, 784; to what courts and proceedings privilege
extends, 784 ; before arbitrator, 784; duration of privilege, 784,

« PreviousContinue »