INDEX. References to the Forms are printed thus [456]. ABANDONED APPEAL, costs of, 733, 738. ABANDONED MOTION, [343], 347. See MOTION. ABANDONMENT, light, of right to, 495. ABANDONMENT OF RAILWAY, provisions as to superfluous lands not applicable to, 609. ABATEMENT, action, or cause, of, 103. none by marriage, &c., if cause of action survives, 103. ABRIDGMENT, fair, is not piracy, 579. ABSTRACT OF TITLE, costs of, 258, 259, 267. sale by Court, on, 293, 303, 304. ACCOUNT, accounting party, continuing proceedings against, [102]. additional, directed in chambers, [168], 169. arbitration, reference of matters of account to, 362. bringing in, order as to, [282]. carrying over funds to separate, 198-201. See CARRYING OVER. chambers, how taken in, 277, 283, 284. directions for, to be numbered, 283. further accounts ordered in, 169. result of, how to be stated, 286. coal gotten, of, [496]. inadvertently gotten, [499], 503, 501. wrongfully gotten, [500], 504. Crown, against, 349. District Registry, taking, in, 152. freight and earnings of ship, of, [438]. immediate order for, under O. xv. 1..148. injunction, incident to, 536, 578. judgment for, does not give right to charging order, 427. ACCOUNT-continued. mines, as to working of, [474, 475, 495-499], 500, 501. mortgage, of sums due on, [621]. mortgagee bound to set out, 69. prejudice, without, to particular questions, [621]. profits, of, from sale of goods bearing counterfeit mark, [536, 537]. account and payment by surety of, [676]. referee, how taken by, 367. reference of, to official or special referee, 362, 365, 367. separate, carrying over funds to, 198-200. ACCOUNT. effect of, 422. sequestrators to leave, in chambers, [403]. See CARRYING OVER; SEPARATE settled accounts, amendment at trial for purpose of opening, 38. taxation, included in common order for, 235. transfer of funds accumulated beyond legal period, [196]. ACQUIESCENCE, interruption of right, in, 494. patent or trade mark, materiality in cases of, 459, 542. restrictive covenant, action to enforce, barred by, 469. right to injunction, when barred by, 459, 461, 466, 469, 482, 542, 605, 629, statutory powers, in unlawful exercise of, 602. taxation after payment, precluding, 248. waste, materiality of, in cases of, 482. ACT OF PARLIAMENT, form of entering, as evidence, [125]. ACTIO PERSONALIS, 104, 462, 493. ACTION, cause of, determination of, by change of interest, 104. compromise of, 111–113. See COMPROMISE. dismissal of, at hearing, [121], 122. for default in appearance, 122, 123. for want of prosecution, 117, [119, 120], 120, 121. injunction to restrain foreign action, [623, 624], 625. See INJUNCTION. originating summons is an action, 3, 7. personalis (actio), moritur cum personâ, 104, 462, 493. petitions in, 339. See PETITION. receiver, against, not to be brought without leave, 657. to bring, for rent, [670]. removal and transfer of, 695–713. See INFERIOR COURT; REMOVAL ; test action, [703], 706, 727. trial of, Chap. XII., 124-145. See TRIAL. ADDING TO JUDGMENT OR ORDER, additional accounts and inquiries, [168], 169. undertaking to procure, or consent to, [702], 705. ADJOURNMENT, costs of, 278. from chambers, is not an appeal, 277. further consideration, of, [159], 315. See FURTHER CONSIDERATION. order on petition adjourned, [338]. with leave to amend, 341. settling judgment or order, of appointment for, 164. summons, of, to and from chambers, [212, 272], 277, 278. trial of action, of, 328. ADMINISTRATION AND ADMINISTRATION ACTION, debts, payment of, with subsequent interest, [195]. foreign creditors, not restrained from suing abroad, 623. inspection of documents by claimant, [53]. motion, judgment on, 345. notice of judgment, service of, 169. receiver, appointment of, in, [635, 636], 659. ADMINISTRATION, LETTERS OF, form of entering, in orders, [125]. ADMINISTRATOR, ad litem to transfer stock into Court, 178. conduct of sale, when entitled to, 294. continuing proceedings against, [102]. References to the Forms are printed thus [456]. ADMIRALTY, appeal in a lmiralty cases, 720. prohibition will not now lie to Court of, 690. ADMISSION, arbitrator, by, of misconduct, 359. at the bar, 31, 32. company, by, 142. costs of, between co-defendants, 143. Court frequently proceeds on, 142. defence arising after action brought, 142, [146], 157. on notice to admit by other party, 142. on voluntary admission, 142. entering, as evidence, in orders, [128]. fact, of, in pleadings, order on, [343]. filed, to be, before judgment passed, 143. insertion of, in order, place for, 4. marking of documents admitted at trial, 143. motion for judgment on, in pleadings, 156, 157. patent, as to title to, [556]. payment into Court on, when ordered, 183. appeal from order on, 729. ADVANCE, ADVANCEMENT. And see INFANT. hotchpot, bringing advances into, [193, 194]. receiver, by, of money, 676. ADVERTISEMENT, discontinuance of partnership, as to, 592. evidence, for, not necessarily contempt of Court, 407. directed in chambers, 283. injunctions restraining, 464, [535, 538], 539, 542, 591. market, as to place to be used as, [518]. receiver, interfering with, a contempt of Court, 657. service by means of, [10]. trade, injunctions against, [538, 539]. unfair report of judgment by, restrained, [585]. ADVOWSON, injunctions as to presentation to benefice, [610]. against taking possession of living, [611]. against bishop, pending suit as to presentation, 612. AFFIDAVIT. And see EVIDENCE. admissions in, whether judgment may be moved for on, 157. answer to interrogatories, 60-C2. See INTERROGATORIES. form of entering, in order, [126]. chambers, on hearing of matter adjourned from, 277. on summons in, 283. closing of evidence, after, when admitted, 94. Commissioners to take, how appointed, and powers of, 95, 96. AFFIDAVIT-continued. costs of, disallowed, [216, 217]. prolixity and irrelevancy, 97, 225, 259, 262. production of documents on, 63. witness ordered to attend for, [88]. deceased witness, of, 93. deponent, of, who cannot be cross-examined, 93. documents, as to, 64-66. See AFFIDAVIT OF DOCUMENTS. entering, in order, [127], 133. evidence by, may be directed by Judge, 136. execution of document, verification of, by, 198. exhibits to, [129]. filing, time for, 92. extension of time, 94. foreign parts, sworn in, 202, 203. forged, payment out of Court on, 200. form and contents of, 97. on interlocutory applications, statements of belief and the grounds ad- to be confined to facts within deponent's knowledge, 97. further, leave to use, 94. further consideration, on, 92. garnishee order, on application for, 432. "increase," of, on taxation, 242. injunction motions, on, delivery of, 458. interpleader, on application for, 439, 441. irregularities in, 97, 98. leave to prove particular facts by, [88]. memorandum on, on whose behalf filed, 97. motion for judgment, on, 136, 156. ne exeat regno, on application for writ of, 450. no incumbrances, of, when necessary, 200, 274. no settlement, of, when necessary, 200. other cause, in, allowed to be used, 94. petition, evidence by, on hearing of, 341. power of attorney, in support of, 203. previously used, right to use again, 341. scandalous, struck out, [46]. service, of, 20, 150. See AFFIDAVIT OF SERVICE. service of copies of, with notice of motion, when necessary, 316, 387, 394, 451. swearing of, before whom and where, 97, 203. abroad, 98. before solicitor in cause, 97. time for filing, 92. enlargement of, 91. title of, 97. withdrawal of, 93. References to the Forms are printed thus [456]. |