COURT-continued. not to affect the jurisdiction of the Queen's Bench as to to order specific delivery of chattels (78), p. 50. to grant a writ of injunction on exparte application (82), may discharge, vary, or set aside same (82), p. 53. to strike out equitable pleas or replications (86), p. 58. to prevent loss of instruments being set up as a defence jurisdiction under Shipowners' Act (88), pp. 58, 59. to order claimant in second ejectment to give security for may appoint sittings in term and vacation (95), p. 67. to amend errors and defects in any proceedings under Act of judges, to issue new forms of writs and proceedings (98), COURTS OF APPEAL, (see also APPEAL): Court of Error, the Exchequer Chamber, and the House of COURTS OF CIVIL JUDICATURE: application of certain sections of the Act to (103), p. 72. COURTS OF RECORD: power to extend Act to (105) p. 72. COURT OF ERROR, see "ERROR.” COURTS, COUNTY, see "COUNTY COURT." CREDIT OF WITNESS: cannot be impeached by general evidence of bad character but party producing witness may contradict him by other or by leave of the judge prove that he has made incon- CREDITOR: proceedings by judgment, for attaching debts due from third CROSS-EXAMINATION OF WITNESS: as to former inconsistent statements (23), p. 19. DAY, COSTS OF THE: on adjournment of trial, p. 15. DEATH OF PARTIES: proceedings to compel the continuance or abandonment of DEBT ATTACHMENT BOOK: DEBTOR: proceedings by judgment creditor to attach debts due to (60- DEBTS: examination of judgment debtor as to, due to him (60), p. 45. DEFECTS: in proceedings, amendment of (96), p. 67. DECLARATION: in lieu of affidavit or deposition by persons entertaining con- delivery of interrogatories with the (51), p. 41. DEFENCES: plea of equitable, allowed (83), p. 53. of loss of negotiable instrument not to be set up (87), p. 58. DELIVERY: of specific chattel, in action for its detention (78), p. 50. of possession of lands or tenements in pursuance of award (16), DEMURRER: to plea for want of equity, p. 57. DEPOSITIONS OF WITNESSES: to be returned to the master's office (55), p. 43. DETENTION OF CHATTELS: in action for, execution may issue for their return (78), p. 50. stay of proceedings in case of, referred to arbitration (11), p. 8. DISCOVERY: of documents, application for, by affidavit, and order thereon power to parties, by order of the court or a judge, to deliver application for order to be made upon affidavits of the oral examination of parties, by order of court or judge, in proceedings on such rule or order (54), p. 43. depositions upon such examinations to be returned to the examiner may make special report to the court (56), p. 43. DISCREDIT OF WITNESS: how far party may discredit his own witness (22), pp. 16, 17. by proof of conviction for felony or misdemeanour (25), pp. 21, 22. DISCRETION, MATTER OF: no appeal on motion for new trial on (35), p. 29. DISPUTED WRITING: comparison of, with genuine (27), p. 23. DISTRAINT: of defendants' lands and chattels in default of returning specific DOCUMENTS: order for the production of (46), p. 34. discovery of, mode of proceeding for (50), p. 37. stamping, at the trial (28), p. 24. made or required under the act exempted from stamp duty (30), no new trial to be granted on the grounds of the insufficiency DURATION: of writs of execution (94), p. 65. DURHAM, COURT OF PLEAS AT: provisions relating to the superior courts, to apply to (100), provisions relating to the masters of the superior courts to apply appeal from, to the Court of Queen's Bench on motions for new DUTY (see " STAMP"): action for mandamus to enforce the performance of (68), p. 47. EJECTMENT: claimant in second action of, for same premises against same special case may be stated in, p. 27. ENDORSEMENT ON WRIT: P. 47. of notice of claim of writ of mandamus (68), ENFORCEMENT OF AWARDS: within period for setting aside (10), p. 8. ENLARGEMENT OF TIME FOR MAKING AWARDS (15), when no period stated, to be deemed to be an enlargement for power to enlarge is discretionary, p. 12. EQUITABLE DEFENCES: power to plead in actions at law (83), p. 53. or to set up after judgment by way of auditâ querelâ (84), p. 57. power to judge to strike out (86), p. 58. examples of, p. 53. accident, p. 53. EQUITY, COURTS OF: must still be resorted to in certain cases, pp. 50, 55, 56, 57, 58. ERROR: may be brought on judgment on a special case (32), p. 26. upon award of trial de novo (43), p. 32. if judgment affirmed in error, Court of Error may adjudge costs ERROR, COURTS OF: to be Courts of Appeal for the purposes of the Act (36), p. 30. ERRORS: in proceedings, amendment of (96), p. 67. EVENT OF TRIAL: when costs to abide (44), p. 33. |