INQUIRY, WRIT OF-continued.

1037; entry on the roll and suggestion of breaches, 1037; form of
entry where the breaches are assigned in the pleadings, 1037;
form of the entry when the breach is suggested after judgment,
1038; proving the breaches at the inquiry, 1038; return of inqui-
sition, 1038; taxing costs and signing judgment, 1038; form of
judgment, 1039.

writ of, not after judgment by default, 1039; after demurrer or
issue of nul tiel record, 1039; scire facias for further breaches,
1040.

writ of, in mandamus, 1274; costs on, 1275.

writ of, on judgment non obstante veredicto, 411.

actions by, 682; assignees may, with leave of Insolvent Court, sue,
683; death or removal of assignees does not abate action, 683;
goods sold by insolvent between vesting order and discharge, 683;
where cause of action is exclusively personal, insolvent may sue,
683; what rights of action do not pass to assignees, 683; assignee,
when appointed under Protection Acts, may sue, 684; under
arrangement between creditor and debtor clauses, what the plea
must show, 684; plea must be special, denying character of
assignee, 684; form of writ of summons, 685; form of declaration
by assignees of insolvent discharged under 1 & 2 Vict. c. 110, 685.
actions against insolvent, 685; what debts he is discharged from,
685; creditors entitled to warrant of attorney, 685; form of plea
of insolvency, 685; plea under Protection Acts, 686; insolvent
privileged from being held to bail, 781; insolvency occurring
during action, 686; of plaintiff, 686; of defendant, 686.
warrants of attorney given by insolvents, 1011; filing, 1011; signing
judgment, 1012; setting aside, 1018; cognovits by insolvents,
1021; consent to judge's order, 1026, n.

insolvency when a ground for calling for security for costs, 864; not
a ground for plaintiff putting off trial, 306.

INSPECTION AND DISCOVERY OF DOCUMENTS, 283:
inspection of public documents, 283, 284; semi-public documents,
284; court rolls, 284; corporation books, 285; when inspection
of public documents refused, 287; application to compel inspection,
288; production of documents for purpose of being stamped, 288;
inspection of real or personal property material to the dispute, 289;
inspection of record on plea of nul tiel record, 892.

discovery and inspection of private documents, 289; see "Dis-
covery."

INSTALMENTS:

payment of, by clause in warrant of attorney, 1004; execution on
warrant, 1017; bond for payment by, 1036; staying proceedings
on payment of principal and interest, 1043.

INSURANCE:

action on policy of, how to allege plaintiff's interest in declaration,
180.

INTEREST:

claimable on specially indorsed writs, 92; as damages in verdict, 361;
interest on judgments, 523; interest in case of error on judgment,

535.

INTERLINEATION:

in affidavit, 1125.

INTERLOCUTORY COSTS:
deducting and setting off, 502.

INTERLOCUTORY JUDGMENT:

when there is judgment by default, 1027; on demurrer, 904; on
nul tiel record, 894; on a cognovit, 1023; reference to master on
writ of inquiry after, 1028.

INTERPLEADER, 919:

remedy of defendants generally, 919; statute 1 & 2 Will. 4, c. 58, as
to, 919, 920; defendant in action may obtain an interpleader in
case of adverse claims, 919, 920; judgment and decision final, 920;
claim of party not appearing barred, 920; order of judge may be
rescinded or altered, 920; judge may refer matter to court, 920;
proceedings may be entered of record, 920; in what cases de-
fendant may obtain interpleader order, 921; in what cases it has
been refused, 921, 1304; party claiming lien, 921; if defendant
has taken indemnity, 921; officious interference, 921; foreigners
residing abroad, 921; where Crown is a party, 921; application
for the order, when, 922; to what court, 922; court at the hearing
disposing summarily, 922; affidavit, 922; altering or enlarging
rule, 922; the feigned issue, 922; new trial may be had, 922; but
not error, 923; application to judge after judgment signed to have
property delivered, 923; costs, 923, 1304; when paid out of fund,
923; entering on record the proceedings, 924; execution may .
be by fi. fa. or ca. sa., or on the rule of court under 1 & 2 Vict.
c. 110, 924.

relief by sheriff on claim being made to goods taken in execution,
924; statute 1 & 2 Will. 4, c. 58, s. 6, as to, 924; in what cases
court will interfere, 925; when the court will not interfere, 925;
court has power to stay action against sheriff for trespass, 925; if
sheriff has exercised a discretion, 925; or been negligent, 926;
the application of the order, 926; to whom, 926; must be made
promptly, 926; the affidavit, 926; showing cause against the rule,
927; claimant must produce affidavit, 927; if claimant fail to show
cause, 927; court may, by consent, dispose summarily, 927; the grant-
ing of the order, $927; the issue, 928; judge's order may be reviewed
by the court, 928; costs, 928; where a judge made the order, court
has no power over costs, 928; successful party entitled to costs,
928; application must be made for costs on the affidavit, 929; if
claimant or execution creditor do not appear, 929; costs of issues
follow the event as in other cases, 929; costs of sheriff seldom
allowed, 929; though claimant do not appear, 930; sheriff cannot
include costs of interpleader rule in levy, 930; sheriff's claim to
poundage, 930; if ordered to sell the goods, 930.
INTERROGATORIES:

administered to parties generally, 153; enactments 50 to 54 of Com-
mon Law Procedure Act, 1854, 153 to 156; obtaining leave to

INTERROGATORIES-continued.

deliver, 156; how, 157; form of affidavit on the application,
157, 1292; form of the interrogatories, 158; form of the answer
to the interrogatories, 158, 1292; decisions on the statute, 158;
seldom allowed to defendant before plea, 159; see also "Inspec-
tion and Discovery."

interrogatories administered to witness within jurisdiction before
trial, 268; form of, 269; to witnesses out of jurisdiction, 278;
admissibility of, at trial, 281; costs of, 282.

interrogatories on an attachment, 1139.

IRELAND:

process of English courts does not run into, 2; a defendant residing
in Ireland cannot be served with a writ of summons to appear in
English court, 105; if witness resides in Ireland, his attendance
may be compelled at an English trial in some cases, 264; rule for
leave to issue subpoena is absolute in first instance, 1294; punish-
ment of witness for disobeying such subpoena, 265; mandamus
cannot issue to Irish court to examine witnesses, 272; but if com-
mission sent to a person to examine witnesses in Ireland, Irish
courts will compel attendance of witness, 278; executor appointed
by Irish court suing here, 653: affidavit to arrest party going to
Ireland, 764; peers of Ireland privileged from arrest, 778; how
discharged if improperly arrested, 785, 786; Irish bankrupt, when
privileged from arrest here, 781; commissioners for taking affida-
vits, 1127; Irish attorney suing for bill of costs here need not
deliver his bill before action, 1250.

IRREGULARITY:

and nullity in general, 34, 1050; in writ of summons, 103, 184; in
declaration, 143; in issue, 210; in notice of trial, 221; see also
the various titles of Index.

to set aside irregularity, 1050; how to apply, 1052; admitting the
irregularity, 1053; costs, 1054.

ISSUABLY, PLEADING:

what is meant by, 169; what are non-issuable pleas, 169; what are
issuable pleas, 170; to what the term pleading issuably applies,
171; consequences of non-issuable plea, 171.

ISSUE:

on a trial at Nisi Prius, what, 207; by whom made up and delivered,
207; when, 207; generally before or at the time of giving notice
of trial, 208; to whom delivered, 208; form of, in general, 208;
form where trial is by a judge without a jury, 208; form of issue
in a writ of trial, 419; form where question of fact raised by con-
sent without pleadings, 209; suggestions in issue, when necessary,
209; notice of trial may be indorsed on the issue, 209; entry of
continuances on the trial abolished, 210; irregularity in the issue,
210; amendment of the issue, 210; striking out similiter and de-
murring, 210; when, and effect of, 211.

form of suggestion in issue in local actions, 877; form of issue and
suggestion on changing venue from a city or town to adjoining
county, 877.

the issue in ejectment, 952; form of issue where defence made for
all the lands, 952; where for part only, 953.

ISSUE, FEIGNED, 434; see "Feigned Issue."

ISSUE OF FACT WITHOUT PLEADINGS, 439; see "Questions
of Fact."

JEOFAILS, STATUTES OF, 1078.

JOINDER:

of issue, 202; in error, 531; in demurrer, 899; of parties, see
"Abatement;" of different causes of action, 136.

JOINT STOCK COMPANIES:

proceedings by and against, see "Corporations."

Joint Stock Companies Act, 1856, 1301; service of summons on
company, 1301; execution against shareholder not allowed, 1301.
JOINT TENANTS:

service of writ of ejectment on one, 935; notice confining defence to
action of ejectment as between, 942.

JUDGE:

order in which judges sit in banc, 12; judge's chambers, and juris-
diction of, 21; sitting at Nisi Prius, 23; power of judge on circuit,
28; how suing and being sued, 42; exclusive control over cause
list at Nisi Prius, 323; notes of trial at Nisi Prius, how obtained,
398; new trial for mistake of judge, 374; application to judge to
amend the postea by his notes, 1082; trial of cause at Nisi Prius
by judge without jury, 431; judge may direct arbitration, 1177.
JUDGE'S CHAMBERS:

office hours, 45; table of fees at, 50; practice at, 1105, 1106.
JUDGE'S CLERK:

furnishing judge's notes of the trial, 398; officiating at chambers,
1106; fees payable to, 50.

JUDGE'S ORDER:

to sign judgment if debt not paid, 1023; when given, 1023; no
stamp, 1024; one partner cannot bind copartners in this way,
1024; all written consents to be filed, 1024; where defendant has
not appeared by attorney must consent in person, 1024; how and
when judgment signed, 1024; where the defendant is an insolvent
trader, 1025, 1026.

JUDGMENT:

actions on, costs in, 452.

JUDGMENT AFTER VERDICT, 507 :

signing judgment, what, 507; practice as to, 507, 508; when judg-
ment may be signed, 508; in case of a new trial being moved for,
509; when and how judgment is entered upon the roll, 509; not
necessary for issuing execution, 510; pleadings to be entered of
their proper dates, 510; judgment also entered of proper date,
510; continuances abolished, 510; judgment nunc pro tunc, 511;
form of judgment, 511; no distinction of debt or damages, 511;
form of judgment for plaintiff on a verdict in a town cause, 511;
the like in a cause tried at the assizes, 512; form of judgment for
plaintiff on one count, for defendant on another count, and nolle
prosequi as to a third count, 512; form of judgment for plaintiff
where defendant's costs of issues exceed plaintiff's costs, 512;
ditto where there are issues in fact tried before issues at law, and

JUDGMENT AFTER VERDICT-continued

plaintiff succeeds at the trial but fails on the demurrer, 513; form
of judgment for the defendant, 513; registering judgment, 513;
statutes as to, 513; re-registration, 514, 515; registering in
Middlesex and Yorkshire, 516; form of memorial of registry, 516;
affidavit of signature of the Master, 516; registering judgments in
the counties palatine, 517; effect of the judgment, 518; lien of
judgment on Government and other stocks, 519; order preventing
debtor transferring stock, 520; application for the judge's order,
520; form of affidavit thereon, 521; in what cases order granted,
521, 522; what cannot be charged, 522, 523; interest on judg-
ments, 523; amendment of judgment, 1082.

form of judgment on a special verdict, 358; form of judgment for
plaintiff after trial before sheriff, 426; form of judgment for
plaintiff in cause tried by a judge without a jury, 433; form of
judgment on a question of fact tried without pleadings, 441;
form of judgment on withdrawing a juror, 348; in case of non-
suit, 353; form of judgment against heir for ancestor's debts,
688; form of judgment on special case without pleadings, 908.
judgment in error, 534, 536, 546, 548.

arrest of judgment, 407.

judgment in ejectment, 958; see "Ejectment."

66

judgment in replevin, 987; see Replevin."

judgment of non pros. 859; form of, 861.

judgment in plea of abatement, 886.

judgment on issue of nul tiel record, 894.

judgment on warrant of attorney, 1016; cognovit, 1022; on judges
order, 1024.

judgment on demurrer, 904.

judgment on writ of inquiry in debt or bond, 1039.

judgment in an action for mandamus, 1271.

judgment in an action for an injunction, 1276.

JUDGMENT BY DEFAULT :

judgment for want of plea, 196; when signed, 156; how time
calculated, 197; for want of rejoining, 196, 206; for want of
appearance, 115; where writ is specially indorsed, 114, 115;
where writ not specially indorsed, 116; where defendant is
British subject, 106; when judgment by default is interlocutory
or final, 1027; if judgment has been irregularly signed may be
set aside, 1027; if judgment regularly signed, when it will be
set aside, 1028; where judgment is interlocutory a reference to
the Master or a writ of inquiry must be had, 1028; reference to
Master, 1029; see "Reference to Master;" writ of inquiry,
1030; in debt on bond, 1034; see "Writ of Inquiry."

JUDGMENT NON OBSTANTE VEREDICTO:

in what cases, 410; when motion made, 411; remedy by sugges-
tion, 411; costs on, 412; form of judgment non obstante veredicto,
412.