Commentaries on the Present Laws of England

Lord Penzance's definition of Practice-Commencement of action-General
provision as to practice-The rule that the "better and more conve-
nient" practice is to prevail illustrated-Meaning of the expression
"the Court or a judge "-Indorsements on writs..

CHAPTER II.

PARTIES.

701-705

Rule as to parties prior to the Judicature Act-Present practice-Practice
in actions by and against partners-Special provisions as to parties in
cases: 1. Where the parties interested are numerous; 2. Where the
parties or some of them are under disability-Practice in actions for
administration of estates and trusts and the prevention of waste-
Practice as to infants, married women, paupers-Third party notice
-Claim for contribution or indemnity against co-defendants-Practice
as to abatement of action

706-713

CHAPTER III.

SERVICE OF WRIT.

Object of service-When substituted service may be ordered-Special

provisions as to service in the case of husband and wife, infants,

lunatics, and in actions for recovery of land-Practice as to service

out of the jurisdiction considered

714-719

CHAPTER IV.

WRIT OF SUMMONS.

Renewal of writ-Object and mode of entering appearance-Course to be

adopted when defendant fails to appear-Practice as to specially in-

dorsed writs, and cases where the specially indorsed writ may be

employed-Powers of the Court as to directing accounts and practice

Various steps in pleading-Object of pleading-General effect of rules as

to pleading summarised-When "particulars' must be stated-

"Multifariousness" abolished-Defence to action for recovery of land

-Practice as to statement of claim, defence, counter-claim, amend-

ment, and default in pleading considered ..

CHAPTER VI.

728-735

PAYMENT INTO COURT-DISCONTINUANCE-RAISING POINTS OF LAW.

When payment into Court may be made, and practice relating thereto—

Summons for directions-Discontinuance of action-How points of

law may be raised-Practice as to special case

CHAPTER VII.

736-740

ADMISSIONS INTERROGATORIES-DISCOVERY-INSPECTION.

Present rules as to discovery-Practice as to admissions of facts and docu-

ments, and applications for judgments or orders on admissions-

Practice as to administering interrogatories and answers thereto, and

as to security for the costs of discovery-Practice as to discovery and

production of documents-Privilege-The practice as to preparation

of "issues" stated and illustrated ..

741-750

CHAPTER VIII.

TRIAL.

Change in the theory of the law as to place of trial-Present practice in

relation thereto-Trial by jury-Notice of trial-Practice in actions

in the Chancery Division where "accounts and inquiries" are directed

-"Test actions"-Practice on the trial of actions with and without

a jury-Entry of judgment

751-757

CHAPTER IX.

JUDGMENTS.

Marked contrast between a judgment in the Chancery Division and the

Queen's Bench Division-Practice as to arbitrations and summary of

the provisions of the Arbitration Act, 1889

CHAPTER X.

INTERPLEADER.

758-763

Cases in which interpleader arises-Rules and practice as to interpleader

764-765

CHAPTER XI.

MOTIONS, PETITIONS, &c.

Definitions of "Motion 'and "Petition "-Various kinds of motions and
petitions, and practice relating thereto

766-769

CHAPTER XII.

EXECUTION.

Definition of "execution "-Various modes of execution-Where leave to

issue execution is required-Various modes of enforcing judgments-

Special provision as to judgments against partnerships-Power of the

Court where a person neglects or refuses to comply with a judgment—

Enforcement of judgments against corporations-Discovery in aid of

execution―Things which are privileged from being taken in execution

-Equitable execution-Sequestration-Garnishee order-Charging

order-Distringas-Stop order-Writ of possession-Writ of delivery

-Attachment and committal

770-778

CHAPTER XIII.

BUSINESS AT CHAMBERS.

Originating summons-Powers of masters in the Queen's Bench Division

and registrars in the Probate, Divorce, and Admiralty Division-The

judge in chambers in the Chancery Division, and practice as to ad-

journments to him-Powers and duties of chief clerks-Business at

chambers in the Chancery Division and the practice relating thereto

considered

779-790

CHAPTER XIV.

TRANSFER AND CONSOLIDATION-INTERLOCUTORY ORDERS, &c.

Practice as to transfer and consolidation considered-Powers of the Court
to make interlocutory orders in respect of property, and to appoint
receivers, considered and illustrated
791-793

CHAPTER XV.

APPEALS.

Provisions of the Judicature Act and rules with regard to appeals-Final
and interlocutory orders-Mode of appealing-Notice of appeal—
Appeal in the nature of a re-hearing-Further evidence on appeals-
Stay of execution-Appeals to the House of Lords-Important de-
cision as to questions of law arising in the House of Lords-Practice
as to appeals to the Lords ..

794-799

CHAPTER XVI.

COSTS.

General rules as to costs prior to the Judicature Act considered-Modes in
which costs may be taxed-Provisions of Order LXV. of the Rules of
the Supreme Court, 1883-Important cases on the subject of costs

CHAPTER XVII.

800-803

MISCELLANEOUS BUSINESS IN THE HIGH COURT-EXTRAORDINARY

REMEDIES.

Business of the Divisional Courts-

Prohibition

Extraordinary remedies-Habeas

CHAPTER XVIII.

BUSINESS OUTSIDE THE HIGH COURT.

Promotion of private bills in Parliament-The Privy Council-Jurisdic-
tion in lunacy-Provisions of the Lunacy Act, 1890, and practice in
lunacy matters considered-Railway and Canal Commission-Mayor's
Court-County Courts-Jurisdiction of justices of the peace

CHAPTER XIX.

COUNSEL AND SOLICITORS.

810-828

Necessary qualifications of counsel and solicitors-Regulations as to pass-

ing from one branch of the profession to the other-Retainers of

counsel and solicitors-Counsels' fees-Rights, privileges, and authority

of counsel-Provisions of the Judicature Act, 1873 and 1875, as to

"Solicitors," and as to the registrar of solicitors-Provisions of the

Solicitors Act, 1888—As to (1) Articles of clerkship; (2) Admission

of solicitors; (3) Striking solicitors off the rolls-Cases where a

solicitor must be employed-Disabilities of solicitors-Law as to

purchases from clients, and as to gifts from clients - Law as to

solicitors acting as trustees, executors, or administrators-Usual clause

as to remuneration-Caution as to its use-Solicitors may be justices

of the peace in certain cases-The law as to the remuneration of

solicitors considered-Usual preliminaries to actions for recovery of

costs-Law as to taxation of costs considered-Special agreements

as to costs-Security for future costs-Provisions of the Solicitors

Remuneration Act, 1881, and general order thereunder-Reason of

change of law-Important decision in the House of Lords as to

remuneration of solicitors Solicitor's lien-Charge by order of the

Court "

on property recovered or preserved "-Provisions of Convey-

ancing Act, 1881, and of Trustee Act, 1888, affecting solicitors—
General rule as to liability of solicitors-Reference to authorities as
to the law affecting solicitors
829-850

« Eelmine Jätka »

Books

Commentaries on the Present Laws of England, 2. köide