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subject to the bankrupt laws, proceedings against, 675; see
what, 4; changing venue in, 876.
bail piece, 829.
of facts in declaration, 176; of suggestion, 480.
TREBLE COSTS, 464; see "Double Costs."
TREBLE DAMAGES, 465.
forms of declaration on, 133; form of plea of not guilty in action
of, 177, 182; evidence under not guilty, 182; under not pos-
sessed, 182; staying proceedings on payment of damages, &c.
in what cases necessary, 212; and in what cases not necessary, 212,
213; notice of trial at bar, 213; what length of notice of trial
at Nisi Prius necessary, 213: table of minimum time in which
action must be commenced to be triable at the assizes, 213; days
at Easter, &c. to be reckoned, 213; month's notice necessary,
214; short notice of trial, 214; when defendant bound to
accept, 214; only bound in general where necessary, 214; when
notice of trial may be given, 215; when it must be given, see
"Forcing on Trial;" form of notice, 216; conflicting notices,
216; bad notice made good by another notice, 216; forms of
notice in London, 217; in Middlesex, 217; at the assizes, 217;
form where issues in law and in fact, 217; form of notice of
trial at bar, 218; may be indorsed on the issue, 210; notice of
trial by continuance, 218; only once in a term, 218; not after
countermand, 218; when good as original notice, 219; in trial
before sheriff, 218; form of notice of continuance, 219; notice of
countermand, 219; how long, 219; must be in writing, 220;
how the notice must be given and to whom, 220; where defen-
dant's residence unknown, 221; if several defendants, 221;
irregularity in notice and setting aside notice, 221; waiver of,
221; when to be taken advantage of, 221; judge at Nisi Prius
may amend, 222.
TRIAL, ENTRY OF CAUSE:
for, 317; see Entry of Cause for Trial."
TRIAL, PUTTING OFF:
as to countermanding notice of trial, see "Trial, Notice of;" in what
cases, 305; for absence of material witness, 305; other grounds,
305; when application for putting off trial is refused, 306; when
there are issues in law as well as fact, 307; in a patent cause,
306; the application for, how made, 307; to whom and when
made, 307; notice to opposite party, 307; the affidavit for,
307; form of the affidavit, 308; form of notice of the motion,
308; terms imposed by the court, 308; costs on, 308, 309.
twenty days' notice to plaintiff to try, otherwise judgment, 310; in
what cases, 310; form of twenty days' notice to try, 311; form of
suggestion on record of failure to try, 311; plaintiff's neglect to
try, 312; applying for extension of time, 312; costs of the day for
not proceeding to trial pursuant to notice, 313; what are costs
of the day, 314; in what cases incurred, 314; pauper incurring
costs of the day, 314; rule for costs of the day, obtained, 315;
objection of bad faith may be made before Master, 315; the affi-
davit on applying for costs of the day, 315; trial by proviso,
in what cases granted or not, 320; terms may be imposed on ap-
plicant for, 320; when and how moved for, &c. 320, 321;
affidavit, 321; notice of trial, &c. in, 321; countermand of, 321;
the jury on, 321; tales, 321; copies of record for the judges,
322; the trial, &c. 322.
TRIAL AT NISI PRIUS, 323.
order of trial of causes, &c. 323, 324; cause lists, 323; entry of
cause for, 317; advancing and defining cause, 324; remanets
take precedence, 324; withdrawing record, 324; re-entry of
record, 325; attendance of the parties at trial, 325; jury, how
called and sworn &c. 325, 326; viewers, 326; challenges, 326;
see "Jurors;" tales, 328; juror not in the panel, 329; punish-
ment for non-attendance, 328; consequence of special jury not
attending, 329; irregularity in the jury, 329.
opening of pleadings and right to begin generally, 330; burden of
proof, 330; tests as to burden of proof, 331; rules as to right to
begin, 332; in cases of unliquidated damages, 332; where one
of the issues is on the plaintiff, 333; speeches of counsel and right
of reply, 333; tabular view of right of reply, 334; counsel is
protected from an action for injurious expressions, 334; opening
of the case, 334; swearing of witnesses, 335; affirmation where
witnesses object to take oath, 335; examination of witnesses on
the voir dire, 336; ordering witnesses out of court, 337; order
of examination of witnesses, 337; examination in chief, 337;
leading questions, 337; hearsay and skilled evidence, 338; re-
freshing witness's memory, 339; discrediting one's own wit-
ness, 340; cross-examination, 340; testing credit of witness by
previous statements, 341; by calling other witnesses, 341; im-
peaching character of witness, 342; re-examination, 342; re-
calling witness, 343; punishment of witness for not answering,
343; the defence, 343; where there are several defendants, 344;
reply and evidence in reply, 344; point of law arising during
trial, 345; adjournment of trial, 345; discharge of the jury, 345;
form of postea where jury is discharged, 347; judge summing up
evidence, 346; withdrawal of a juror, 346; form of postea when
juror is withdrawn, 347; form of judgment thereon, 348; de-
murrer to evidence, 348; form of demurrer by plaintiff to evi-
dence, 348; form of joinder thereto by defendant, 348; bill of
exceptions, 349; in what cases, 349; how tendered, &c. 350;
form of bill of exceptions, 351; nonsuit, in what cases, 352;
mode of jury giving their verdict, 354; jury not agreeing,
TRIAL AT NISI PRIUS-continued.
354; delivering their verdict, 355; the verdict, 355; see
certificate of judge for costs of special jury, 363; for speedy exe-
cution, 364; for staying of execution, 366; of refusal to admit
documents, 366; for costs under the County Courts Acts, 366;
under stat. 43 Eliz. c. 6, where verdict under 40s. 367; certi-
fying in trespass and case, where verdict under 40s. 368;
certifying where several defendants, 368; where there are several
counts, pleas, &c. on one cause of action, 369; where action is
for less than 201. 369; where action relates to bankrupts, 369;
in patent cases, 370; in actions against constables, 370.
TRIAL DE NOVO:
in what cases, 415; error on, 416; costs on, 416.
TRIAL BY A JUDGE WITHOUT A JURY:
enactment as to, 431; form of issue, 208; form of Nisi Prius record,
208, 317; form of postea on a verdict for the plaintiff on all the
issues in London or Middlesex, 432; the like at the assizes, 433;
the like where one issue found for plaintiff and other for defen-
dant, 433; form of judgment for plaintiff, 433; power of judge
to direct arbitration on, 431, 1180; form of issue on, 208.
TRIAL BEFORE THE SHERIFF:
in what cases, 417; statute as to, 417; what cases within the act,
417; sum indorsed on writ of summons must not exceed 201
417; consent to a trial not enough, 418; application for the
writ, 418; to whom, 418; showing cause against, 419; form of
affidavit to obtain order, 418; the rule or order, 419; the issue,
419; form of the issue, 419; amending defects in the issue, 420;
the writ of trial, 420; how sued out, &c. practical directions as
to, 420; form of the writ of trial, 420; to whom directed, 419;
what jury it should direct the summons of, 421; teste and re-
turn of, 422; setting aside for irregularity, 421, 422; waiver of
irregularity, 421, 422; amendment of, 422; annexing parti-
culars of demand, &c. to, 421; notice of trial, when given, 422;
form of notice, 422; challenge of jury, 423; the trial, &c. 423;
same as at Nisi Prius, 423; before whom to take place, 423;
judge cannot refer cause, &c. 423; must be had before writ
returnable, 423 ; judge cannot postpone trial, 423; record may be
withdrawn, 1297; amendment at trial, 423, 425, 1297; certifying
for immediate execution, &c. 424; certifying as to costs, 424;
nonsuiting, 423; bill of exceptions improper, 423; form of indorse-
ment on the writ of trial of the verdict, 425; form of indorse-
ment in case a nonsuit takes place, 425; signing judgment and
execution, 425; certifying for delay, 425; form of judgment for
the plaintiff after trial before the sheriff, 426; costs generally,
426; costs of counsel on writs of trial, 426; setting aside ver-
dict and motion for new trial, 426; in what cases, 426, 427;
motion in what court, 427; when and how motion must be made,
428; form of affidavit verifying sheriff's notes, 428; time
allowed to get the notes, 429; motion not set down in new trial
paper, 430; terms on which granted, &c. 430; fees of sheriff on
executing writ of trial, 430; setting aside proceedings where
sheriff had no jurisdiction, 426.
in what cases, 316; proceeding seldom adopted, 31; notice of
trial on, 316; costs of the day on proceedings where plaintiff
also enters record for trial, 316; when new trial ordered, plaintiff
cannot be compelled to go to trial, but defendant may try by
proviso, 404; may be in cases tried before the sheriff, 423.
trial of issue in fact, in error, 546.
trial upon a feigned issue. 436; trial of questions of fact and law
without pleadings, 439; see Questions of Fact;" trial in
TRIAL, WRIT OF, 417; see "Trial before Sheriff."
in actions against prisoners, 721; upon nul tiel record pleaded,
893; where issues in fact and in law, which to be tried first,
TRIAL, NEW, 373; see "New Trial."
TRIAL DE NOVO, 415.
TRIAL, COSTS FOR NOT PROCEEDING TO, 313; see Trial,
on challenge of jury, 328.
staying proceedings in, 5, 464; new trial in, 389; limitation of,
57; notice of action in, 65; declaration, 133.
plea of not guilty in, 177; plea denying goods to be plaintiff's,
181, 182; staying proceedings on restoring goods, &c. 1043;
notice to produce in, 232; damages in, 361.
TURNKEY OF PRISON:
delivery of papers, &c. to, for prisoner, 720.
UMPIRE, 1156; see "Arbitration."
list of, &c. and time for trial of, 23, 325, 385, 386; nonsuit in,
UNDER-SHERIFF; see "Sheriffs."
of an attorney, 114, 1244; see Attorneys;" to appear for de-
UNLIQUIDATED DAMAGES, 361;
UNNECESSARY COUNTS, &c.; see 66
persons in Oxford or Cambridge exempt from jurisdiction of com-
mon law courts, 5; claim of conusance by members of, 872.
acting as attorney, 1235.
meaning of the word, 39.
USE AND OCCUPATION:
form of count for, 132; general issue in action for, 179.
of Superior Courts, &c. 47.
ejectment in case of, 936.
proceedings in, 37, 38; sittings of the courts in, 13; pleadings in,
37; vacation master, 44; signing judgment by default in, 197;
rule to return writ, &c. in, 611.
between affidavit of debt and declaration, &c. 792; between judg-
ment and execution, 562; between judgment paper and judg-
ment, 508; between issue and pleadings, amendment of at Nisi
writ of, 578; form of writ, 578; on special capias utlagatum,
VENDOR AND PURCHASER; see "Goods," "Purchaser."
VENIRE DE NOVO, 415; see "Trial de novo."
transitory and local, 4; statement of, in declaration, 128; where
may be had in action on bail-bond, 804; in action by or against
attorney, &c. 1238; in actions against justices, 708; against
constables, 712; against revenue officers, 714; change of, in
ejectment, 954; changing generally, 873; costs increased by
venue, 484; new rules respecting, 873; defendant applying on
the common affidavit, 873; in what cases may be so, 874; when
application made, 874; by one of several defendants, 874;
plaintiff may oppose change, 874; form of common affidavit,
defendant applying to change the venue on special grounds, 875;
must be strong grounds, 875; in what cases, 875; how applica-
tion opposed, 875; when application made, 875; form of affi-
davit on special grounds, 876.
plaintiff applying to change the venue, 876; in transitory actions,
876; in local actions, 876; form of suggestion in issue in local
actions, 877; changing venue from city to adjoining county,
877; form of issue and suggestion for that purpose, 877.
on trial at Nisi Prius, 354; mode of jury giving their verdict, 354;
where the jury cannot agree, 354.
General verdict, what, 355; how given, 355; where it must be on
all the issues, 356; where inconsistent issues, 356; where several
defendants, 356; where several counts for same cause of action,
355; on distributive pleas, 356; should not be for more damages
than stated in declaration, 356.