Index.

BILL OF EXCEPTIONS, 135-139.

origin of right to, 136; examinable in court in which action brought,
id.

right to, only exists in civil cases, 136.

for what exception lies, 136; does not lie for non-direction, 137.
objection must be made at the time and before verdict, 137.

form of, 262.

settling, 138, xx, xxi; parties concluded by, 139.

how set down for argument, 138; books for argument, xxi.
power of court in giving judgment on, 139.

costs on, 139.

error lies on judgment on, 139.

cannot be argued with motions for a new trial, 310.

BILL OF EXCHANGE may be seized under fi. fa., 151.

form of defences to action upon, 82.
interrogatories in actions upon, 330.

acceptance of, to be in writing, cxxxviii.

summary procedure on, cxxxiii-cxxxviii; what instruments within
act. cxxxiii; action must be brought within six months, id.;
amending writ, cxxxiv; where defendant is an executor, id.;
costs, id.; obtaining leave to defend, id.; demurring, cxxxv;
rescinding order giving leave, id.; security for costs in actions
brought under, id.

amending act, cxxxvii.

costs of actions on, lxix.

BISHOP, duty of in cases where sequestration issued, 160.

BODY, rule on sheriff to bring in, xxx.

BOND:

payment into court in action upon, 72.
replevin bonds, 236; assignment of, 237.

bail bonds, viii.

BOND FOR PAYMENT OF PENAL SUM, breaches may be assigned
in action upon, 166; should be assigned in plaint, id.; execution
issued without assigning breaches irregular, 167; benefit of sta-
tute cannot be waived, id.

cases to which statute applies, 167; when inapplicable, id.
when judgment by default, 169.

suggesting further breaches, 169; when necessary to revive judg-
ment, id.; breaches previous to the action cannot be suggested;
170; form of suggestion, 264.

breaches must be assigned or suggested before garnishee order can
be obtained, 337.

BOND AND WARRANT OF ATTORNEY. See Bond for payment
of penal sum, Judgment on Bond, Warrant of Attorney.

BREACH. See Prayer for Judgment.

of promise of marriage, admissibility of parties as witnesses in actions
for, xciii; productions of letters in, 323.

BREACHES. See Bond for payment of penal sum.

in scire facias and writ of revivor, xxvii.

CALCULATION, matter of, 105.

CAPIAS AD SATISFACIENDUM: See Execution.

discharge of prisoner from arrest does not prevent the issue of other
writs, 146; debtor may be discharged by attorney's authority,
162.

limitation to power of issuing, 146, cxxii.

CARRIERS:

actions against, are not disconnected with contract for purposes of
costs, 364; are to be treated as actions ex delicto as regards
joinder of parties, 140.

substituting service in actions against, 32.

"CAUSE OF ACTION :" where service substituted, 30; for purposes
of costs, 363.

CAUSES OF ACTION, joinder of, 52.

CERTIFICATE for leave to plead several defences, 56.

for costs of special jury, 126; for costs in slander, libel, trespass, and
assault, 142; for costs where less than £20 recovered in contract,
or not more than £5 in tort, 255, 364, xxvi.

previous to issuing execution, 148.

that witness was unnecessary, xxvi.

CERTIORARI to remove suits from inferior courts of record, xxxvii ;
in replevin, xlvii, cxxiii.

where diminution alleged, 206.

to remove judgment of civil bill court, cxxxix.

CESTUI QUE TRUST, writ of revivor sued out by, 175; and see
Equitable Defences.

CHALLENGES to array, 123; to polls, id.

CHAMBER, jurisdiction of judge in, 353; appeal from, 4.

CHANCERY, Court of. See Charging Order.

CHANGING ATTORNEY, xxix.

CHANNEL ISLANDS not beyond seas, 2, cxxx.
CHARACTER, evidence as to, 301, 304.

CHARACTER in which parties sue to be stated, 8.
to be taken as admitted unless traversed, 67.

CHARGING in execution, 161.

CHARGING ORDER: 152-159.

obtainable only by judgment creditor, 159.

what may be charged, 153; where judgment against executor, 154.
where stock, &c., in name of judgment debtor, or a trustee for him,
152.

where stock, &c., in Court of Chancery or Superior Court, 158;
form of order, id.; from what time it binds, id.; where stock,
&c. in Landed Estates' Court, 159.

CHARGING ORDER-continued.

where debtors' interest doubtful, future or contingent, order may be
made, 153, 157; where not ascertained, 154; where debtor in-
terested in produce only, after performance of prior trusts no
order, 154.
how order obtained, 154; form of, 262; judgment should be re-
vived, 155; issuing execution, id. ; on whose application, 155;
by a co-debtor, 155; costs of, id.; effect of order, id.; liability
of bank, id.; service of order, id.; substituting service, 157;
appeal, id.; error, id.

realizing amount, by transfer to sheriff, where interest immediate
153, 156; in other cases, id.

CHATTELS, inspection of, 44.

specific delivery of, 346, cxxvii.

CHATTELS, REAL, how far bound by execution, 147.

CHEQUES may be seized under fi. fa., 151.

action on, may be brought under summary procedure on bills of
exchange act, cxxxiii.

CHRISTMAS DAY, a holiday, 247.

CIRCUITY OF ACTION; equitable defence to avoid, 351.
CIVIL BILL APPEAL, cxxiii, cxl; abstract to be lodged, xix.
general orders in reference to, lxxv; amending case, cxl.
CIVIL BILL COURT. See Remitting Cause, Certiorari.
CLAIMS, relief against adverse. See Interpleader.

"CLEAR DAYS," iii.

CLERGYMEN, execution against, by sequestration. 159.

CLERK OF ATTORNEY not to be bail, vii., xlvii.
CO-DEFENDANT, death of, 182.

COGNOVIT, xcvi.

COLONIES, proving act of state in, lxxxii; examining witness in, xci.
COMMENCEMENT OF ACTION, when it dates from, 6; when writ
renewed, 24; where defendant added, 94.

COMMENCEMENT of C. L. P. Act, 1853, 1; of C. L. P. Act 1856,
367; of C. L. P. Act, 1870, 368.

COMMISSION TO EXAMINE WITNESSES in the colonies or in
foreign possessions, xci, cii.

within the jurisdiction, ciii.
without the jurisdiction, ciii.
costs of, ciii., civ.

COMMISSIONERS, general orders in reference to the appointment of,
lxxii; for one court to be commissioners for other courts, and to
be appointed by the Court of Queen's Bench, cxxv, cxxvi.

COMMON LAW PROCEDURE ACT of 1853, 1-278; of 1856, 279-
367; of 1870, 368-374.

COMMON LAW PROCEDURE ACT-continued.

short titles of, 1, 279, 368.

to be treated as incorporated, 279, 371.

COMPANIES. See Joint Stock Company, Public Company, Railway
Company.

COMPELLING plaintiff to proceed to trial. See Default in going to trial.
COMPROMISE OFF, rule to proceed, xliii.

where collusively entered into in order to defraud attorney, 69.
COMPULSORY ARBITRATION, 281; and see Arbitration.
COMPUTATION OF TIME, iii.

COMPUTE, rule to, abolished, 99.

CONCURRENT WRITS of summons and plaint, 12; of execution,
146, xxvi; costs of, xxvi.

CONDITIONAL ORDER, mode of discharging, xxxiii; showing cause
where no affidavit, xxxiv; making absolute, xxxv.

CONDITIONS PRECEDENT, pleading performance of, 65-66; excu-
sing non-performance, 66; pleading non-performance, id.
CONFESSING part of cause of action without bringing money into
court, 86.

CONFESSION, plea of, not to contain stay of execution, xi. ; need not
be signed by counsel, xii.

CONFESSION IN EJECTMENT, 232; judgment on, 270.

CONFESSION OF ERROR IN LAW, 211.

CONSENT, how made rule of court, xxxv.

for judgment, not to contain stay of execution, xi; to be given
where injunction obtained, 214.

CONSIDERATION, what defence of want of, should state, 82; for gua-
rantee need not appear in writing, cxxvii.

CONSOLIDATED NISI PRIUS COURT, 249-252.

to sit continuously during term, 250; cases not disposed of to be
transferred into after-sittings list, 251; officers of, 251; what cases
triable there, 252; appeals to be heard there, cxxiii.

general order in relation to, lxx.

CONSUL, affidavits may be sworn before, 34; act enabling consul, &c.
to administer oaths, lxxxix.

CONTINUANCE OF WRITS, 23; of action. See Death of Parties.
CONTRACT. Injunction to restrain breaches of, 347.

form of counts in action on, 271; defences, 273.
denial of may be pleaded with other defences, 56.

defences to actions partaking both of breach of contract and wrong,

1

CONTRADICTING WITNESS, 301-304; by his answer to interro-
gatories, 335. See Witness.

CONTRIBUTORY NEGLIGENCE, defence of, 81.

CONVICTION, proving previous, 304, lxxxiv.

CO-PLAINTIFF, death of, 182.

COPY OF DEFENCE and other subsequent pleadings to be served
42, 46.

of plaint may be filed in place of original, 36.

COPIES OF DOCUMENTS, obtaining, 63; paying for, xiv; time for
pleading after delivery of, xiv.

certified copies to be evidence, lxxxiv.

COPIES OF PLEADINGS:

consequence of delivering incorrect copies, 76; amending, 13, 14.

COPIES AND INSPECTION OF DOCUMENTS, 63; and see In-
spection.

attorney to have in court certified copies of affidavit, xxxiii.

attested copies not necessary except where reference cannot be had

to the original, cxxv.

enforcing payment of costs of copies, xiv.

time for pleading after copy furnished, xiv, 64.

COPYRIGHT, particulars in actions for breach of, 10.

CORONER SUMMONING JURY, 108: and see Sheriff.
CORPORATION:

interrogating officer of, 332.

residence of, 8.

service of summons and plaint upon, 28.
CORRESPONDENCE, interrogatories as to, 330.
COSTS, judgment in action for, interlocutory only, 100.
COSTS. See Security for Costs, Costs of the day.
action for, when barred by statute of limitations, 17.
certificates necessary to carry, 255, 364, xxvi.

fixed sum may be awarded for, 215.

guardian and next friend, liability of, to, 47.

of action for mandamus, 345; for injunction, 349.

of action upon judgment, 175, clxiv.

of action upon negotiable instruments, lxix.

of amendment, 14, 246.

of appeal, 5, 319.

of arbitration, 297; where compulsory, 282.

of attaching debts, 342.

of charging order, 155.

of commission to examine witnesses. ciii.

of defendant added under sect. 89 of C. L. P. A., 1853, 95.

of defendant struck out, 96.

of demurrer, 76.