Fieri Facias-(continued.)

venditioni exponat, 164; distringas nuper vicecomitem quod venditioni
exponat as to part, and fi. fa. for the residue, 165; venditioni exponas
to a county palatine, 166; venditioni exponas to the county after a levy
of part, and fi. fa. for the residue, 167.

Warrant on a fi. fa. in debt, 168.

Rule or order to return the writ, in term, 168; judge's order to return writ
in vacation, 169; affidavit of service of rule to return writ, &c. 169;
the like, of service of judge's order, 169; rule for attachment for not
returning the writ, 169; attachment against sheriff for not returning the
writ, in Q. B. 170; the like, in C. P. 170; the like, in Exch. 170;
rule on coroners to return attachment, in Q. B. 171; the like, in C. P.
171; attachment against coroners directed to elisors, in C. P. 171; rule
for habeas corpus to bring in the body of sheriff, in Q. B. 171; writ of
habeas corpus thereon, 171.

Return of fieri feci, 172; of mandavi ballivo, 172; of fieri feci for part,
and nulla bona as to residue, 172; of fieri feci for part, and that sheriff
has paid part of sum levied to the landlord for rent, and retains for pound-
age, &c. 173; the like, for rent and taxes, to be annexed to the writ,
173; the like, for taxes only, 173; that the goods taken were let to
defendant, and remain in sheriff's hands for want of buyers, 174; that
the sheriff has taken goods which remain in his hands for want of
buyers, 174; the like, where part of the goods have been sold, and the
rest remain in hand, &c. 174; of nulla bona, 175; the like, and that
the defendant is a beneficed clerk, 175.

Entry of fi. fa. and testatum, with return of nulla bona as to part on roll,
175; entry of fi. fa. on the roll, with return of nulla bona, and award
of another fi. fa. 176; entry of fi. fa. and return of nulla bona, and
award of capias ad satisfaciendum, 177; entry of venditioni and return,
and award of fi. fa. for the residue, 177.

Bill of sale from sheriff of goods taken on a fi. fa. 178.

Condition of bond to indemnify sheriff for selling under a fi. fa. 178;
condition of bond of indemnity to sheriff for abandoning goods, and re-
turning nulla bona, 179.

Proceedings by sheriff &c. in case of adverse claims, 180-see "Inter-
pleader."

Fieri facias, in particular cases.

Against member of a joint stock company, after judgment against public
officer, 646; against bail in Q. B. on scire facias, &c. 284; against
executor or administrator, 518, &c.-see "Executor." Against inhabi-
tants of a hundred, 498; on non pros. for not declaring, 610; the like,
for not replying, 611; the like, for not surrejoining, 611; on judgment
of nonsuit, 88; on judgment as in case of nonsuit, 619; on rule of
superior court for payment of money, 650; for payment of money and
costs, 650; on consent rule, 387 and seq.; on judgment of inferior
court removed under 1 & 2 Vict. c. 110, s. 22..569; on rule of inferior
court so removed, 570, 571. In error-see 'Error;" on consent rule
or judgment in ejectment, 387, &c.-see "Consent Rule,"—" Eject-
ment. In replevin, 433, 436, &c.—see "Replevin.”
Fieri facias de bonis ecclesiasticis, 533.

Final process-see "Fieri facias”-

-"Habere facias possessionem."

Elegit"—" Capias ad satisfaciendum"

Fines, affidavit to hold to bail for, on admission to copyhold premises, 213.
Fixtures, affidavit to hold to bail for, in general, 214; the like, by outgoing
tenant for fixtures, improvements, &c. 213.

Foreigner, jurat, &c. of affidavit sworn by, 208.

Forma pauperis, petition to sue in, 536-see “Pauper."

Freehold premises sold, affidavit to hold to bail for, 212.

Freight, &c. affidavit to hold to bail for, 215; the like, on a charter-party, 220.
Furnished apartments, affidavit to hold to bail for rent, &c. 212.

G.

Gaoler, certificate of, of causes, 505; affidavit of gaoler's signing thereof in
Q. B. or C. P. 505; demand of perusal and copy of warrant from, 532.
General issue- see "Pleas."

General verdict-see " Postea."

Gloucester, direction of writs to sheriffs of, 20, n. (a).

Goods sold and delivered, affidavit to hold to bail for, 214; the like, for hire
of, &c. 215; the like, for carriage of, by land, 215; the like, for ton-
nage of, 215; the like, for lighterage of, 215.

Goodwill of business, affidavit to hold to bail for, 213.

Grass, eatage of, affidavit to hold to bail for, 213.

Guarantee, affidavit to hold to bail on, 220.

Guardian, petition to defend by, 526; consent of guardian thereto, 527; affi-
davit of signature to such petition and consent, 527; other forms-see
"Infant."

H.

Habeas corpora to coroner, rule for, to bring in body of sheriff, 171; writ of
habeas corpus thereon, 171.

Habeas corpora juratorum in C. P. 70; the like, on rule for a view, 74.
Habeas corpus, to remove cause from inferior court, writ of, 563, rule or order
for procedendo to compel defendant to put in common bail, 563; com-
mon bail-piece in Q. B. 563; the like, in C. P. 564; notice of bail-
piece being filed, 564; procedendo, writ of, 564; declaration in Q. B.
after removal, 564; the like, in C. P. 565; the like, in Exch. 565.
Habeas corpus cum causâ, to remove prisoners to custody of marshal or war-
den, 561; return of delivery over on, to marshal, 236; by bail to bring
up the principal, if in custody on criminal account, 271.

Habeas corpus ad respondendum, in Q. B. or C. P. 562.

Habeas corpus ad satisfaciendum, 562; to warden in C. P. 502; entry of com-
mittitur on, 502.

Habeas corpus ad testificandum, præcipe for, 57; the like, before examiner,
63; form of writ, 57; the like, before a commissioner, 63; affidavit to
obtain, 56.

Habere facias possessionem, upon a single demise, 390; the like, upon a dou-
ble demise and one ouster, 390; the like, upon a double demise and a
double ouster, 391; the like, on a single demise in Q. B. or C. P. or
Exch. under 11 Geo. 4, and 1 Will. 4, c. 70, s. 38, where judge certi-
fies for immediate execution, 391; habere facias possessionem, into a
county palatine, 392; the like, against casual ejector, 393; hab. fac.
and fi. fa. in one writ in Q. B. by original, after a verdict for plaintiff,
393; the like, in C. P. 393; the like, in Exch. 394; hab. fa. and ca.
sa. in Q. B. 394; the like, in C. P. or Exch. 395.

Hales Owen Court of Request, suggestion under the court of requests' act for,
643.

Haverfordwest, direction of writs to sheriff of, 20, n. (a).

Heirs and devisees, actions against, on bond, &c. of ancestor, 523.

Proceedings until judgment, 523; judgment on verdict against heir on
bond of his ancestor, 523; extent against heir upon a special judgment
against him, 523; the like, on a general judgment, 524.

Scire facias for plaintiff against heir and tertenants on death of sole de-
fendant, after final judgment and before execution, 477; the like,
against tertenants, 478; sci. fa. against heir and tertenants of a deceased
defendant on a judgment against deceased and his heir presumptive,
478; return of nihil to scire facias against heir and tertenants, 479; of
nihil as to heir and sci. feci to tertenants of one defendant, and nihil as

Heirs, &c.-(continued.)

to heir and tertenants of another, 480; sci. fa. against a surviving de-
fendant, and heir and tertenants of another, 492; the like, on a judg-
ment of assets quando, &c. 524.

Hire of property, &c. affidavit to hold to bail for, 215.

Horse-keep, stabling, &c. affidavit to hold to bail for, 214.

Horses, cattle, &c. sold and delivered, affidavit to hold to bail for, 214; the
like, for hire of, &c. 215; the like, for money on exchange of, 215; the
like, for work with horses, carriages, carts, &c. 215.

Hundredors, actions by and against, 498; fi. fa. against inhabitants of, 498.
Husband and wife, actions by and against, 528.

Affidavit to hold to bail by wife in action by husband and wife, on cause
of action before marriage, 210; the like, against husband and wife, on
cause of action against wife before marriage, 210.

Writ of error, as to, 143.

Scire facias by, on a judgment recovered by wife dum sola, 493; the like
against husband and wife, upon judgment recovered against wife dum
sola, 493; the like, for a feme who survived her husband, against an
executor, the original action having been by both husband and wife,

494.

Other proceedings, 528.

Idiots, actions by and against, 530.

I.

Increased costs, affidavit of, in a special jury cause at assizes, 629; the like,
in a common jury cause in town, 630.

Indebitatus count, in assumpsit, for goods sold, work and materials, money
lent, &c. interest and account stated, 27; the like, in debt, 27.
Indorsement, on writ of summons, 16; on writ of capias, 229; on writ of trial
before delivery to the sheriff, 80; on writ of trial, of the verdict, 82;
the like, where a nonsuit takes place, 82; on writ of summons against
member of parliament subject to bankrupt laws, 497; on fi. fa. 149;
on ca. sa. 190.

Infants, actions by and against,

Process, 525; petition to sue by prochein ami, 525; prochein ami's con-
sent thereto, 525; affidavit of signature to petition, and consent, 526;
judge's order for a rule thereon, 527; rule of court thereon in Q. B.
or C. P. 526; the like, in Exch. 526; petition to defend by guardian,
526; consent of guardian thereto, 527; affidavit of signature to such
petition and consent, 527; judge's order for a rule thereon, 527; rule
of court thereon, 527; general admission to prosecute, defend, &c.

527.

Declaration by an infant, 527; commencement of plea by, defending by
guardian, 41; plea by, 528; security for costs, 528; other forms,

528.
Inferior court, removal of causes, &c. from, 563 et seq.-see
"Removal of
Causes from Inferior Courts"-" Certiorari"-" Habeas Corpus'
Error from-see "Error from Inferior Courts to Q. B.”—see also
"Court of Requests"- Suggestions."

Inquiry, writ of, in ordinary cases.

Form of writ, 335; the like, into a county palatine, 336; in trespass, after
plea of not guilty, and a nolle prosequi as to part and judgment by nil
dicit for residue of trespasses, 336.

Rule nisi to have the inquiry executed before the chief justice or a judge
at the assizes, 337; affidavit of service of rule, 337; judge's fiat for it
in vacation, 337; judge's order for a good jury, 337.

Notice of inquiry in London, 338; the like, in Middlesex, 338; the like,
in the country, 338; the like, before the chief justice or chief baron,
338; the like, at the assizes, 338; the like, conditionally, on a demurrer

Inquiry-(continued.)

or issue of nul tiel record, 338; notice of continuance, 339; notice of
countermand, 339; notice of attending by counsel, 339.

Præcipe for subpœna, on writ of inquiry, 339; subpœna, 339; subpœna
ticket, 340.

Inquisition and return on writ of inquiry, 340; sheriff's return to be
indorsed thereon, 340.

Under-sheriff's certificate on writ of inquiry that judgment ought to be
stayed, &c. 341; the like, where judgment is stayed for a certain num-
ber of days only, to give the defendant an opportunity to apply to a judge
or baron, 341.

Summons for staying judgment on writ of inquiry executed in vacation,
341; order thereupon, 341.

Entry of the judgment on the roll, 341.
Inquiry, writ of, in debt on bond, 344-see
Inquiry, writ of, in error, 123-see "Error."
Inquiry, writ of, in replevin-see "Replevin."

66

Bond."

Inquisition-see Inquiry, Writ of"-Return and inquisition in elegit, 183,
&c.-see" Elegit"-entry of, quashing inquisition for defects therein,
and award of new writ, 188; inquisition and return on writ of inquiry
in general, &c. 340-see Inquiry"-the like, in debt, on bond-
see Inquiry in Debt on Bond"-inquisition and return to inquiry in
replevin, 432, &c.-see Replevin"-on return of devastavit, &c. to
scire feci inquiry in Q. B. after a return of nulla bona testatoris, 522;
on return to special capias utlagatum, 550.

Insolvent Debtor, affidavit to hold to bail by assignee of, 211; proceedings by,
when in prison-see "Prisoner."

Inspection or copies of written instruments, 595; affidavit to ground a motion
to obtain inspection of an agreement, 595.

Insurance, affidavit to hold to bail for work done as insurance broker, 216; the
like, for premiums of, 216; the like, on policy of, 220.

Interest, affidavit to hold to bail for, 217; notice of motion for, in error,

reference to compute-see" Reference to compute."

119;

Interlocutory Judgment by default, 328, &c. ; in debt on bond, 344, &c.; upon
demurrer, &c. 303, et seq.; upon nul tiel record, 315; notice to set aside
interlocutory judgment, 603.

Interpleader.

Affidavit by defendant to obtain rule to require third person to appear and
maintain &c. his claim, 586; rule thereon for party to appear, &c. 587;
rule thereon, ordering third party to be made defendant in the action,
587; affidavit of service of rule where the third person does not appear
in order to bar his claim against defendant, 587; rule of court thereon,
barring the third person of his claim against defendant, 588.
Affidavit on behalf of sheriff, to obtain relief on execution of process on
goods, where action brought against him by adverse claimant, 588; rule
thereon, calling on plaintiff in original action to appear and maintain,
&c. his claim on the goods, 589; rule thereon, ordering plaintiff in
original action to be made defendant instead of sheriff, 589; affidavit of
service of rule, 589; summons at instance of sheriff calling upon plaintiff
and claimant to appear and maintain their claims, &c. 589.

Entry of proceedings on record, 590; docket paper thereon, in Q. B. 590;
notice of costs after taxation, 590; fieri facias for the costs, 590; capias
ad satisfaciendum for, 591.

Interpreter's Oath, &c. 208.

Interrogatories, 57, &c.; for plaintiff, 62; for defendant, 62; the like, to cross-
examine a witness, 62; the like, for examination of witnesses before
commissioners in Ireland, 63; the like, to examine witnesses in India
on 13 Geo. 3, c. 63, s. 44, and 1 Wm. 4, c. 22..65-see further
"Evidence."

Inventory of goods distrained for rent, 413.
Irregularity-see “Setting aside Proceedings."

Issue in general, &c.-For the forms of issues in particular actions, see the titles
of those actions.

In action commenced by writ of capias, summons, or detainer, 43.
Award of venire where several issues in fact, 44; the like, where several
defendants who plead separately, 44; the like, where one of several
defendants suffered judgment by default in an action on promises, 44;
the like, in assumpsit, where defendant suffers judgment as to part, 45;
the like, in debt, 45; the like, in trespass, 46; award of venire, where
several issues, one triable by country, and another by the court on nul
tiel record, 46; the like, where issues in law and in fact, and you intend
trying issues in fact first, 46; the like, where demurrer has been deter-
mined first, 47.
Award of venire tam ad triandum, quam ad inquirendum, with suggestion
of breaches in debt on bond where defendant pleads a plea not leading
to an issue on the breaches, and the condition of the bond is not set
forth in the pleadings, 47; the like, where the condition of the bond has
been set forth, 48; the like, where the breaches are assigned in the
pleadings, 48.

Award of venire when venue Jaid in Berwick-upon-Tweed, 48.
Award of mittimus to a county palatine, 48.

Award of venire to one of two sheriffs, where the other is interested in suit,
635; the like, to coroner, where only one sheriff, and he is interested,
636; the like, where the sheriff is next of kin, 635; the like, to elisors,
where both sheriff and coroner are interested, 636.

Award of venire and suggestion for trial in adjoining county, 49; the like,
when venire is laid in a city or town corporate, 49; the like, and sug-
gestion of death of either party, 49.

Notice of having struck out the similiter, and of having demurred when
issue is delivered, 50.

Rule nisi, in Q. B. or Exch. to have the issue tried before the sheriff, &c.
79; the like, in C. P. 79.

Issue, on trial before the sheriff, 79.

Issue, in scire facias, 283, 473.

Issue, in abatement, 299.

Issue, on demurrer to part, 46.

Issue, on nul tiel record, 312-see "Nul tiel Record."

Issue, in ejectment, 378, 379, 408, 412-see" Ejectment."

Issue, in replevin, &c. 448-see "Replevin."

Issue, against executors or administrators, 515.

Issue, feigned, 295-see "Feigned Issue."

Issues on Distringas, return of issues, 23; rule nisi for sale of, in Q. B, or Exch.
24; the like, in C. P. 24; authority to restore issues on appearance,

24.

J.

Joinder, in demurrer to evidence, 85; in error, 119, &c.-see" Error ;” in
murrer to a declaration, 302; demand of joinder in demurrer, 302;
notice of inquiry on back of, 302.

Joint Stock Company, suggestion after judgment against public officer, in order
to have execution against a member, 646; execution thereon, 646.
Judgment, &c. after verdict.

For plaintiff after trial by sheriff, 83; judgment for plaintiff, on a verdict
in assumpsit, 102; the like, where the cause was tried in a county pala-
tine, 102; the like, where the judge certifies for immediate execution.
under 1 Wm. 4, c. 7.. 103; judgment according to the very right and
justice of the case where the facts have been found specially, under 3 &
4 Wm. 4, c. 42, s. 24..103; for plaintiff in debt, 103; in debt on bond,
where damages were assessed on 8 & 9 Wm. 3, c. 11, s. 8.. 104; in
debt qui tam, where part is found for plaintiff and part for defendant,