EJECTMENT-continued.

changing venue in, 219.

service of writ, 219, xlvi; persons to be served where ejectment on
title, 219; where for non-payment of rent, 220; where against
overholding tenant, id. ; mode of service, id.; substitution of ser-
vice, id.; affidavit of service, 221, xlvi, lxix; endorsement of
service, 25.

filing of writ, 36, lxviii.

form of defence, 221, 267; set-off cannot be pleaded where eject-
ment brought for non-payment of rent, 221; form of defence in
ejectment for non-payment, id., 85.

partial defence may be taken, 222.

person not served or named may take defence by leave of Court or
judge, 222.

defence will be confined to portion which defendant is in possession
of, 223.

judgment by default, 223; form of, 268; where ejectment for non-
payment of rent, 224.

abstract of issues, 224; form of, 269; to be lodged with pleadings
assistant, 224.

proof of title in one plaintiff sufficient, 225.

judgment and execution, where finding for plaintiff, 226; where
finding for defendant, 226.

one or several writs of execution may be issued, 227.

renewing habere, 163.

defence by joint owners, 227; judgment against joint owners, id.
action not to abate by death of parties, 227.

suggestion where sole plaintiff dies, 228; where right does not sur-
vive, id.; where one of several plaintiffs dies, id.; where death
occurs after verdict, 229.

death of one of several joint defendants, 229.

death of all the defendants before trial, 230.

death of defendant who defends for part, 230-231; death of all the
defendants after verdict, 231.

plaintiff may discontinue by notice, 231; form of judgment on dis-
continuance, 269.

defendant may confess the action, 232; form of judgment on, 270.
confession by one, 232.

effect of judgment in ejectment, 232, 361.

bail in error, 201.

writ of revivor in, 174, xxvii.

nominal defendant may be ordered to give security for costs, 49.
plaintiff bringing second action may be ordered to give security for
costs, 361.

general orders in relation to giving security for costs under section
75 of the 23 & 24 Vict., ch. 154, lxxi.

ejectment against overholding tenant, or for non-payment of rent,
may be tried in Consolidated Nisi Prius Court, 252.

right to begin in actions of, 299.

new trial in cases of, 314.

interrogatories in actions for, 328.

mandamus or injunction cannot be claimed in, 342, 348.

waiving temporary bars in, 356.

EMBARRASSING PLEADINGS, 180; and see Pleading.
ENDORSEMENT. See Indorsement.

ENGLISH JUDGMENTS, obtaining execution upon, cxli.

ENLARGING TIME FOR MAKING AWARD, 293. See Award
ENROLLING JUDGMENT, 142; not necessary previous to issuing
execution, 140.

ENTERING JUDGMENT. See Judgment.

where finding incomplete, 142; on good counts only, 142.
ENTERING SATISFACTION. See Satisfaction of Judgment.
ENTITLING PLEADING, 214.

EQUITABLE PLEADINGS, 350-356.

general principles applicable to, 350.

good only where unconditional relief would be given, 350.

equity relied on, must be such as would be cognizable in a court of
equity, 350.

particular instances of, 351.

equitable defence of mistake, 351; parol variation, id. ; to avoid
circuity of action, 351; waiver, 352; acquiescence, representation,
standing by, or fraud, 352; in cases of principle and surety, id.;
equitable ownership, id.; set off, 353; equitable estoppel, 354.
after judgment, 355.

in ejectment, 354.

equitable replication, 355; must not show right to be merely equi-
table, 355; where statute of limitations pleaded, 355; of parol va-
riation, 351; parol discharge, 356.

equitable pleading may be struck out or demurred to, 356.

ERROR, 195-213.

constitution of the court of error, cxxxi.

when it lies, 195; lies only on a judgment or award in the nature of
judgment, 196; when brought for costs only, xlviii; does not lie
on interlocutory order, 196; propriety of amendment made below
cannot be questioned, 196, 246; cannot be brought till judgment
entered, id.; may be brought on an award of a venire de novo, id.;
on special case, 98; on special case on an award, 309; where re-
ference to arbitration, 309; in mandamus, 344, cxxi.

cannot be brought on final judgment by default, 196; cannot be
brought while issues of fact remain undisposed of, 57.

general nature of procedure in error, 197.

writ of error abolished, 199.

within what time it may be brought, 198; where party under dis-
ability, 199.

by whom it may be brought, 199; where brought against represen-
tative, a scire facias must be sued out, id.

lodgment of memorandum of error, 200; by one of several, 200.
supersedeas of execution, 200; if writ partly executed, execution must
be proceeded with, 201.

bail in error, 201; dispensing with, 202; within what time to be put
in, 203; how bail discharged, 203; notice of bail, xlvii ; attorney
not to be bail, id.

ERROR-continued.

joinder in error, 203; when error to be assigned, id. ; notice of filing,
xlvii.

not prossing plaintiff, 204; proceeding where paper books not lodged,
id.

bringing error by one of several, 204.

judgment roll to be brought in, 205.

if record imperfect, diminution to be alleged, 206.

books for argument, xlvii; argument, xlviii.

how judgment in error to be entered, 206; restitution must be awarded
below, id.; interest for delay, 208.

power of court of error in giving judgment, 208.

quashing proceedings, 207.

entering reversal at the instance of defendant, 209.

discontinuing proceedings, 210.

confessing error, 210.

consequence of death of parties, 211-213.

of marriage, 213.

of bankruptcy, 213.

issues of fact in error how disposed of, xlviii.

error in fact, 209.

error to the House of Lords, 200, 206.

costs in error, xlvii; where proceedings continued by representative,
199.

ESTOPPEL by statement of residence in plaint, 8.

relying on equitable estoppel, 354.

EVIDENCE. See Affidavit, Interrogatories, Notice to Admit, Notice to
Produce, Witness.

of signature to rule or order, and attested copy, xviii.

of renewal of writ of summons and plaint, 24.

what requisite to render affidavit made before consul, &c. admissible,
34; when made before judge or other person abroad, xxxvi.

of renewal of writs of execution, 164.

of service of notice to produce, 134.

of admission of documents, 134.

affirmation instead of oath in certain cases, 300.

how far party may discredit witness, 301; contradicting witness,
302.

cross-examination as to previous statements in writing, 303.

proof of previous conviction, 304.

proving will by office copy, 306.

when an attesting witness need not be called, 304.

comparison of disputed handwriting, 305.

provision for stamping documents, 308.

new trial on ground of verdict being against the weight of evidence,
313, 314; costs, 319: when newly discovered evidence, 313; for
improper admission or rejection of evidence, 311; where no evidence
go to jury, id.

to

examination of person who refuses to make affidavit, 321.

obtaining oral examination of witnesses for purpose of motion, 320.

EVIDENCE-continued.

statutes relating to

2 and 3 Wm. 4, c. 87, office copies of memorials to be received in
evidence, lxxvi.

6 and 7 Vict. c. 85, witness not to be excluded from giving evi-
dence by reason of incapacity from crime or interest, lxxvii.
8 and 9 Vict., c. 113, proof of official documents, private acts of
parliament, &c., lxxviii.

14 and 15 Vict., c. 99, parties to be admissible witnesses, lxxxi ;
proof of documents, lxxxiii.

16 and 17 Vict., c. 83, husbands and wives admissible witnesses,
lxxxv.

17 and 18 Vict., c. 34, compelling attendance of witness resi-
dent out of jurisdiction, lxxxvii.

18 and 19 Vict., c. 42, enabling British diplomatic and consular
agents abroad to administer oaths and do notarial acts, lxxxix.
22 Vict. c. 20, providing for the taking of evidence abroad, xci.
32 and 33 Vict. c. 68, parties admissible in actions for breach of
promise of marriage, xciii; declaration allowed in place of
oath, xciii.

EXAMINATION :

oral examination of witnesses on motion, 320.
of witness refusing to make affidavit, 321.
EXAMINED COPIES. See Documents.
admissibility of in evidence, lxxxiv.
EXCEPTIONS. See Bill of Exceptions.

EXCESSIVE EXECUTION, action for, 149.

EXCHEQUER CHAMBER. See Error.

act to alter the constitution of, cxxxi.

EXECUTION. See Attachment of Debts; Charging Order; Fieri Facias;
Capias ad Satisfaciendum.

nature of generally, 146; issuing concurrent writs, 147, xxvi ;
where judgment recovered against person by wrong name, 7;
upon rules of court, 145, xcvii.

forms of writs, lix; to be endorsed with residence and addition of
party, xxvii.

against executor, 161; where judgment of assets quando recovered,
179.

against married women, 101, 189, 190.

when execution may be issued, 145; immediate execution, 147;
should not be issued immediately after marking judgment unless
where danger of loss, 141; respiting execution, 148.

priority of executions, 147.

setting aside execution, 148; should not be issued after death of
parties, unless judgment revived, 148; but may be issued on same
day that defendant dies, 181.

may issue to any county, 148.

to issue for amount really due, 148; certificate of amount due, 149;
action lies for overmarking execution, or overcharging certificate,
149.

EXECUTION-continued.

expenses of execution, 149.

money and bank notes may be seized, 151.
against beneficed clergymen, 159.

discharge of prisoner from, 161.

how long writ remains in force, 162; renewing, 163.

judgment of Civil Bill Court may be removed by certiorari into su-
perior Court for purpose of execution, cxxxix.

obtaining execution on English judgment and Scotch decreet, cxli.
on decrees or orders of Courts of Equity, or orders of superior Court,
145, xcvii.

EXECUTOR AND ADMINISTRATOR. See Reviving Judgment.
how described in summons and plaint, 8.

limitation of actions by, or against, 19; acknowledgment of debt
by or to, 22.

set-off in actions, by or against, 40.

joinder of different causes of action by or against, 52.

charging order may be obtained against, 154.

return of devastavit against, 160.

execution against, 161; on a judgment quando accederint, 179.

liability of, to costs, 184, 186, xcix.

continuing action by or against, 360.

action against under the summary procedure on Bills of Exchange
Act, cxxxix.

may bring action for death of testator where caused by negligence,
cxv., action may be brought by family where executor neglects to
bring, cxxxviii.`

may bring action for injury to the real estate of deceased, and action
may be brought against for injury to property committed by de-
ceased, xcviii.

EXECUTOR DE SON TORT: judgment cannot be revived against, 175.

EXHIBITS, party entitled to copies of, xxxii.

EXPENSES OF EXECUTION, 149-151.

sheriff not entitled to, as against plaintiff or defendant, unless in-
curred with their sanction, 150.

plaintiff's right to, where incurred with his sanction, 150.
where plaintiff not entitled to costs, id.

of noting dishonoured bill may be recovered, cxxxvi.

EXPRESS COLOUR ABOLISHED, 59.

EXTENDING TIME TO PLEAD, 39.

EXTORTION BY SHERIFF, remedy for, 151.

FACT, trial of question of, by court or judge, 280.
power of court to draw inference of, 314.
FACTS NOT TRAVERSED ADMITTED, 67.
FALSE IMPRISONMENT, form of count for, 272.
FALSE PLEA, setting aside, 86.