page.

255

ib.

Effect of bankruptcy of plaintiff after suit commenced,

in Chancery

in the Exchequer

in Chancery

Of continuing a suit after bankruptcy of plaintiff,

in the Exchequer

71

77.

ib.

ib.

ib.

78

ib.

ib.

79

78

Of plaintiff, practice as to dissolving injunction in case of, 80

under the Bankruptcy Court Act
Depositions in, where conclusive evidence of validity
of adjudication

Act of:

-

-

only conclusive evidence of facts, and not of
conclusions from

In what cases it may be disputed

Of the notice required to enable defendant to dis-
pute

Where depositions are conclusive evidence of
Within what period it may be disputed

Proof of debt in,

its effect upon wife's right by survivorship
Of husband:

-

88

88, 89

its effect upon wife's right by survivorship
will not deprive wife of her right to a settlement, 163
Vide HUSBAND. FEME COVERT.

Of a defendant, no abatement of suit,

Must be for an adequate value

Court will not entertain a suit for matter under 107. ib.

except in cases of charities

ib.

412

431

432

ib.

or fraud

or to establish a right

ib.

ib.

by the defendant

by the court

or for quit-rents

Inadequacy of value, how taken advantage of

Cannot be for part of a matter

nor for one of two claims upon the same defend-
ant

ib.

ib.

ib.

ib.

ib.

433

-

nor in respect of one of two mortgages by same
defendant

ib.

nor where there is a mortgage and bond from one
only
Limitation of the rule where matter is incapable

of immediate decision

as in bills for preservation of evidence
for the preservation of property pending liti-
gation in other courts

Whether a bill can be sustained for partnership ac-

-

ib.

434

ib.

ib.

Vide AUTHORITY. SOLICITOR. SANCTION OF THE COURT.

-

should strictly be prepared by the solicitor

but usually drawn by counsel

Signature of counsel to,

necessary either to draft or engrossment

408

ib.

BILL-continued.

Signature of counsel to-continued.

omission of, may be objected to by demurrer

or motion

reference to the master to inquire into

necessary to amended bill -

secus, where the amendments have been in-

serted in the original draft

unless made by another counsel

forgery of, proceedings when committed

order of court as to

May be converted into an information by amendment,
Matter of:

must show that the plaintiff has a right or an in-

terest

rule not confined to one plaintiff only
must show that the plaintiff's interest is actually

existing

possibility or probability of future title will
not do

any certain interest, however small, will be
sufficient -

is not capable of being defeated

that plaintiff has a proper title

that he has obtained probate or administration,

Vide ADMINISTRATOR. EXECUTOR.

PROBATE.

Plaintiff may claim same right by different

titles

-

page.

409

ib.

ib.

410

ib.

ib.

ib.

ib.

513

415

414

ib.

ib.

449

Must show that all preliminary acts to complete
plaintiff's title have been done -

421

mere allegation that title complete not suffi-
cient

422

but consent of creditors, &c. need not be
averred

ib.

ib.

ib. 425

ib.

424

ib.

ib.

-

ib.

425

ib.

not necessary to state that a defendant has

proved will

-

421

but must show that defendant has some in-
terest

-

426

INDEX.

BILL--continued.

page.

Form of 3. Stating part-continued.

seisin of things manurable, 467

not manurable,

ib.

words to enlarge meaning

ib.

not absolutely necessary

468

ib.

legal effect of deeds only should be stated,
in what cases instruments should be set forth

old practice of leaving document in the
hands of clerk in court, and praying
that defendant might inspect it
discontinued in modern practice

-

where conveyance would be valid at law,
the deed need not be stated

secus, where it is necessary to give effect
to the transaction

mere regulations introduced by statute do
not alter rule of pleading]

-

-

bargain and sale need not be stated to
have been enrolled

annuity deed need not to be stated to
have been registered

470

ib.

471

ib.

ib.

-

ib.

ib.

472

agreement need not be stated to be in
writing

or to have been signed

stamping not necessary to be averred
letters containing an agreement may be
stated as constituting the agreement -
or as evidence of it

-

where an instrument is created by statute, it

must be stated with all the circum-
stances required

will of lands must be averred to be in

473

ib.

ib.

474

ib.

475

ib.

ib.

-

ib.

ib.

referring to instruments makes them part of
of the record

does not make them evidence

singular case in illustration of this posi-
tion

of the certainty required in

in allegations of time

"on or about"

in alleging incidents

in bills to establish rights of way

for the delivery up of deeds

ib.
478

ib.

-

479