261; to what court application for discharge to be made, 262,
786; time for application, 262; clergymen, 785; corporators and
hundredors, 785; arresting a party twice for the same cause of
action, 785; claiming privilege from arrest, and consequences of
arresting privileged persons, 785; where defendant wrongfully
arrested or detained in custody, 787; on wrongfui arrest by third
party, 787.
by whom, when, where, and how arrest made, 788; copy of writ
of capias to be delivered to defendant, 788; consequences of
non-delivery, 788; consequence of mistake in copy, 788; time
for taking advantage of mistake, 789; indorsement on writ of day
of arrest, 789; detainer, 788; detaining defendant, illegally
arrested, 787; taking defendant to prison after arrest 789; in
what prison defendant to be confined, 789.
proceedings after the arrest, 791; discharge of defendant on appli-
cation to a judge, 791; in what cases, 791; when and how, 792:
form of the application, 793; affidavit on the application, 793;
affidavit in answer, 795; costs of application to discharge, 795;
discharge by giving a bail-bond to the sheriff, 795; the bail-bond,
795; how prepared and to whom given, 796; form of bail-bond,
797; discharge by a deposit with the sheriff in lieu of bail-bond,
797; sheriff must pay money into court, 798; when defendant
may obtain the money back out of court, 798; form of affidavit on
defendant's application, 798; when the plaintiff may apply to
have the money paid out of court to him, 799; form of affidavit,
800; discharge by consent of plaintiff or sheriff, 800; escape of
the defendant, 801; rescue of defendant, 801; proceedings after
the discharge, 801; action against the bail on the bail-bond, 802;
assignment of the bail-bond, 802; form of assignment, 802; how
assignment obtained, 803; when action may be brought by plain-
tiff, 804; how, 804; action on the bail-bond by the sheriff, 805;
compelling sheriff to put in bail, 805; rule to return writ, how
and when, 805; rule to bring in the body, 806; sheriff obeying
the rule, 807; attachment of sheriff for disobedience, 808; form
of affidavit of service of the rule, 808; setting aside proceedings,
809; staying proceedings on bail-bonds, 809; affidavit on appli-
cation to stay or set aside, 810; when stay or setting aside
refused, 811; proceedings in the original action after a stay,
on final process, 595; see "Capias ad Satisfaciendum."
under Absconding Debtors Arrest Act, 1851, 844; the enactment,
844; who may grant warrant, 844; in what court affidavit to be
entitled, 844; form of warrant to arrest, 845; before whom affi-
davit sworn, 846; certificate of arrest must be made on warrant,
846; defendant may pay debt to bailiff, 847; proceedings after
the arrest, 847; staying proceedings and applying for discharge,
847; costs and fees allowed to be taken, 848, 849.
in what cases generally, 407; the motion, rule, &c., 407;
remedy by suggestion of the omitted averment, 408; affidavit
for the suggestion, 408; form of the suggestion, 409; costs on the
suggestion, 409; form of arrest of judgment, 409; on feigned
issue, 407; where motion for new trial, 391.
ARTICLED CLERKS, 1218; see "Attorneys."
declaration in action for, 133; change of venue in, 874; new trial
for excessive damages in, 382; costs in, 450.
of damages, 360; when notice of trial should mention, 217; in
debt on bond within 8 & 9 Will. 3, c. 11, 1034, see further
"Damages."
of debt, staying action until assignor indemnified for costs, 1047.
ASSIGNEES:
of bankrupt or insolvent, actions by and against, 670; affidavit to
hold to bail by, 672.
new, 204; see "New Assignment."
of breaches in debt on bond, 1034.
of errors, 543, 547; see "Error, proceedings in."
when held, &c., 26; table of assize towns, 27; order of judges
presiding at, 28; notice of trial at, 216; compelling plaintiff to
proceed to trial at, 310; summoning of jury for, 260.
offices of the, 45; table of fees to be taken by, 50; duty of as to
postea, 442; not to act as attorney or barrister, 45.
"AT LEAST":
meaning of the words, 39.
cannot be a witness, 250.
generally, 1131; in what cases, 1131; contemptuous expressions
towards the court or its process, 1131, 1132; for rescue, 1131;
misbehaviour of parties, of attorneys, or officers of court, &c.,
1132; sheriff or coroner not executing writ, or executing it oppres-
sively, &c., 1132; against judges of inferior courts, justices of the
peace, gaolers, &c., 1133; suitors perverting the course of justice,
1132; disobedience by witness of subpoena, 260; when and how
motion made against witness, 260; what excuse witness may show
as cause, 261; damages are assessed against witness by court, 261;
against party for disobedience of rule or order of the court, 1132;
what demand must first be made, 1134; how debt and costs to be
demanded, 1134; where the rule allows something to be done on
payment of costs no attachment lies if costs not paid, 1134; non-
payment of money, or costs ordered absolutely to be paid, 1133;
how rule, &c., must be served in such a case, 1133; where order
to pay costs, &c., conditional, 1135, 1104; where party protected
from process, 1133; against peers or members of Parliament, 1133;
against corporation, 1133.
the motion for the attachment, 1135; rule, when absolute in first
instance, or only nisi, 1135; affidavit in support of motion, 1136;
form of the affidavit, 1136; rule and service of, 1137; showing
cause, 1137; rule absolute for, 1137, 1138 1305; second appli-
cation when first unsuccessful, 1136.
form of attachment and how sued out and executed, 1138; form of
attachment in Queeu's Bench and Common Pleas, 1138; form of
attachment in Exchequer, 1138; execution of writ, 1139; where
prisoner is in custody of keeper of Queen's prison, 1139; rule to
return, 1139; return, 1139; alias writs, 1139.
proceedings upon sheriff's return of cepi corpus, 1139; interroga-
tories and examination, 1139; reference to Master's report and
judgment thereon, 1139; costs, 1140; discharge, 1140; how
affidavit entitled after the attachment issues, 1140; when attach-
ment will be set aside, 1140; against sheriff for escape, 1140;
for fraud, 1140; bankruptcy, 1140.
attachment in particular cases; thus against sheriff for not re-
turning writ, &c., 613, 614; motion for the attachment, 614;
direction of the attachment, 615; form of the attachment, 615;
setting aside the attachment, 615; for an escape, 1140; for diso-
bedience of mandamus, 1274; for disobedience of injunction,
1276; for non-performance of award, 1132; see "Arbitration."
for not answering interrogatories, 1292; against attorney for not
entering appearance, &c., 114, 1244.
under Common Law Procedure Act, 1854, 616; no proceeding for, to
be taken till after judgment, 616; examination of judgment
debtor as to debts due to him, 616; form of summons nisi for the
examination, 617; judge may order attachment of debts, 617; what
debts may be attached, 617, 1301; what debts, &c., cannot, 617;
debt attachment book to be kept in Master's office, 618; application
for the attachment, 618; form of affidavit on applying, 618; the
order of a judge attaching the debt, 619; from what time the
debts are attached, 619; how if the garnishee becomes a
bankrupt, 619; summons to the garnishee to show cause, 619;
form of an order for attachment and summons for garnishee to
pay debt, 619; indorsement on the back of the summons, 620;
order for payment by the garnishee, 620; form of order for pay-
ment by garnishee, 621; form of fi. fa. to ievy amount on the
garnishee, 621; form of ca. sa. against garnishee, 622; where
garnishee disputes the debt, judge may order cause to be shown
why execution should not be issued, 622; form of writ to show
cause, 622; indorsements on the writ, 623; proceedings in the
suit same as in revivor, 623; form of declaration on the writ
against a garnishee, 623; form of plea thereto, 624; form of issue
thereon, 624; form of postea, 624; form of fi. fa. against
garnishee, 624; form of ca. sa, against the garnishee, 625; dis-
charge of the garnishee, 625; costs of the attachment, 625.
ATTAINDER: see "Conviction."
of parties at trial, 325; of witnesses compelling, 251, et seq.; see
Witness;" of jurors, 328; see Jurors."
to deeds or instruments, proof by, 302, 303.
new trial for absence, &c. of, 384.
who are, 1216; are officers of the courts, 1216; laws as to attorneys
consolidated by 6 & 7 Vict. c. 73, 1216; before being attorney
must be admitted and enrolled, 1216.
articled clerks, 1217; the binding and service under articles of clerk-
ship, 1217; who to be bound and in what cases, provisions of stat.
6 & 7 Vict. c. 73, as to, 1217; must be bound to serve five years,
1217; and duly serve, 1217; and be examined, 1217; to be bound
three years if B. A. or LL.B. degree of University taken, 1217, 1307;
to whom to be bound, 1217; attorney may have only two, 1217;
where attorneys are in partnership, 1217; the articles, 1217; form
and execution of, 1218; defects in, when to be taken advantage of,
1218; stamp on, 1218; stamp in Palatine Courts, 1218; articles
may be stamped after execution, and on what penalties, 1218;
affidavit of execution and enrolment of, 1218; book to be kept for
entering names, &c. of attorney and clerk, 1219, n. (1); if affidavit
not filed in six months, 1219; how service to be reckoned, 1219;
indemnity to clerks neglecting to enrol before 9th of August, 1844,
1219; provisions of stat. 6 & 7 Vict. c 73, as to, extended to
articles executed before that stat. by 7 & 8 Vict. c. 86, 1219; when
and how exercised, 1219; enrolment of, where original articles
lost or destroyed, 1219.
the service, 1219; clerk must be actually employed during whole
term of, 1219; may be a year with a barrister or pleader, 1219;
or with London agent, 1219; what service sufficient, 1220; working
extra hours, 1220; unavoidable absence, &c., 1220; must be under
articles, 1220; need not be for more than five years, 1220; bad
service cannot be reckoned, and where insufficient, fresh articles
necessary, 1220; master struck off roll, or omitting to take out
certificate, does not disqualify clerk, 1220; fresh service in case of
death, leaving off practice, or bankruptcy, &c. of master, 1220;
may complete service under fresh master, 1221; provision as to
filing affidavit and second articles, 1221; on bankruptcy, &c., of
master, court may discharge or assign clerk, 1220; and in other
cases, 1221; there should not be an interval of non-service before
serving fresh master, 1221; when fresh service to commence,
1221; stamp on assignment of fresh articles, 1221; refunding
premium where clerkship put an end to, 1221; clerk not an
apprentice within Bankrupt Act, 1221, n. (1).
Preliminary notices, &c. before examination, 1222; notice to exa-
miners of intention, 1222; notice at Master's office of place of
abode, &c., 1222; list to be made by Master and affixed in court,
1222; notices at the judge's chambers, 1223; if notices given and
clerk not admitted he must renew the notices, 1223; when strict
compliance dispensed with, 1223, n.; articles to be left with In-
corporated Law Society, 1223; and answers to particular ques-
tions, 1223; when this regulation cannot be fully complied with,
1223, n., 1224; questions as to service to be answered by clerk,
1223; questions to be answered by attorney, agent, barrister, &c.,
1223, 1224; where attorney improperly refuses to answer, 1223, n.,
1224; answers to other questions, 1223; clerk to attend examiners
personally if required, 1226; and procure attorney to answer,
1223; judges may appoint examiners, 1225; and make rules, &e..
1225; similar provisions respecting admission of solicitors by
Master of Rolls, 1224; Master of Rolls may concur with judges
in appointing examiners jointly, &c., 1225; Master of Rolls and
judges to admit persons examined by the joint examiners to their
respective courts, 1225; appointment of examiners, 1225.
the examination, 1225; where held, 1225; party must answer written
or printed questions, 1226; no one can be examined before twenty-
one years of age, 1226; certificate of fitness from the examiners,
1226; provisions of (Atts.) H. T., 1853, as to, 1226; certificate
of examiners necessary, 1226; how long in force, 1226; appeal
against refusal to grant certificate, 1225; renewal of notices where
not going up to examination or not passing, 1227.
admission and affidavit of service, &c., for the purpose of admission,
1227; affidavit of execution of articles to be produced, 1227;
affidavit of stamp duty being paid, 1227; oaths to be taken on
admission, 1227, 1228; admission in other courts, 1228; persons
admitted in one court may practise in another on signing the
roll, &c., 1229; when admitted in Chancery, 1229; attorneys
admitted before 1st January, 1843, may be admitted in other
courts without examination, 1229; until attorneys of Lancaster
and Durham admitted in Superior Courts, attorneys may act as
their agents, 1229; defect in admission when taken advantage of,
1229; notices, &c., for re-admission, 1229; affidavits in support of
application, 1229; rule for re-admission, 1230; attorney who bas
been struck off the roll and called to the bar must be disbarred
before re-admission, 1230; renewal of certificate, 1230.
enrolment, &c., of admission, 1230; officers for filing affidavits of
execution of articles, and for having care of the rolls, 1230; names
of attorneys and solicitors to be enrolled, 1230; free access to rolls,
1230; enrolment nunc pro tunc, 1230; attorney changing his
name, 1230.
the stamped certificate and renewal thereof, 1231; necessity for, and
penalty for practising without, 1231; how long in force, 1231;
amount of stamp duty, 1231; registrar to certify that party entitled
to stamp certificate, 1231; appointment and duties of registrar,
1231; to keep alphabetical roll, 1232; may examine and take
copies, &c. of rolls without fee or reward, 1232; on registrar's
refusal, application to the court, 1232; certificate, after neglect to
take it out for a year, not to be granted without order of court, &c.,
1232; renewal of certificate, 1232; list of applicants to be made
out, 1233; notices in writing at judge's chambers, &c., 1233;
when notices dispensed with, 1233; on what grounds, 1233; time
for making the application, 1234; what the affidavit should state,
1234.
every London attorney must enter name and abode at Master's office,
1234; proceedings, &c., sufficiently served at such abode, 1234; if
entry not made, fixing up in Master's office sufficient service, 1235.
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