SEQUESTRATION (in Mesne Process)—continued.
or will order the claim to be satisfied at

page.

personal property delivered up to claimant pend-
ing reference on his giving security

How discharged,

where plaintiff, upon an order to examine a
claimant pro interesse suo does not carry in in-
terrogatories

-

648, n. (g)
upon hearing report upon examination pro in-

teresse suo

649

ib.

ib.

650

ib.

ib.

ib.

ib.

ib.

ib.

Costs of

SERJEANT-AT-ARMS

Has always a deputy attending the court

May be sent in all cases where a messenger may go,
In what cases usually sent

upon return non est inventus to a commission of
rebellion

-

-

to an attachment under 1 W. 4, c. 36, rule 1
where messenger dies

or fails in executing commission
where defendant escapes after arrest by mes-

senger

upon not putting in answer upon order for time,

Why sent -

Sequestration can only issue upon return of

or where defendant resists the serjeant-at-arms,
Upon return to commission of rebellion, how obtained,
must be upon order -

obtained upon motion

on making which, counsel must deliver
the commission to the registrar

SERJEANT-AT-ARMS-continued.

Upon return to attachment under 1 W. 4, c. 36
order for, how obtained

-

affidavit, must be made by clerk who issued the
attachment

solicitor or agent must swear to due diligence,
must follow the terms of the Act

Upon order for time not complied with

Order for, how drawn up

may discharge prisoner on clearing his contempt,
Duty of

-

ib.

ib.

624

625

ib. n. (b.)
625

ib.

626

625

626

ib.

must bring defendant to the bar within a limited
time
Prisoner of,

entitled to discharge on clearing his contempt
putting in his answer, may be immediately dis-
charged

if not brought up within the limited time, is to
be discharged

and the costs to be paid by the plaintiff

Proceeding where prisoner is brought up

Non est inventus, proceeding upon

Costs of

Fees of

SERJEANT-AT-ARMS, DEPUTY.

AT-ARMS.

SETTLED ACCOUNTS. Vide ACCOUNTS.

SETTLEMENT:

Effect of previous settlement upon wife's right to a
settlement

Not entitled to his fee from party improperly arrested, 585
May be attached for not obeying habeas corpus
Discharging prisoner under Insolvent Act, after
habeas corpus, guilty of contempt

SHERIFF'S OFFICER. Vide BAILIFF.

SHIP, Crew of. Vide PARTIES.

SHIPOWNERS:

Bills to limit the responsibility of, under 53 G. 3, c.
150, must be accompanied by affidavit

page.

SIMPLE CONTRACT CREDITORS. Vide CREDITORS.
PARTIES.

SIX-CLERK :

Assigned to persons in formâ pauperis

In what cases appointed guardian ad litem

SIXTY-CLERK :

Appointed to act as solicitor for person in formâ
pauperis

SOCIETIES,

-

Members of, where numerous. Vide PARTIES.
SOLICITOR:

Using the name of prochein amy without consent
Infants bound by their conduct

May act for next friend and other parties

but not where interests are very adverse

How far infant bound by the conduct of

45
230

45

Cannot commence a suit under a general authority

to act as solicitor

-

but he may commence a defence

Vide AUTHORITY.

Practice where he files a bill without authority

Vide AUTHORITY.

SOLICITOR-GENERAL,

BILL.

In what cases made a defendant

Where no attorney-general

Where attorney-general is plaintiff

SOUTH SEA COMPANY:

May be made parties to a suit to restrain the transfer
of stock or the payment of dividends
Vide BANK OF ENGLAND.

SOVEREIGNS, FOREIGN. Vide FOREIGN STATES.

SPECIALTY CREDITOR:

Bill by one only, allowed to be amended at the hear-

-

185

ib.

ib.

197

ing

One cannot have a decree against real estate

Decree in suits by one only

Should sue on behalf of himself and others

Cannot have satisfaction out of real estate, unless he

sues on behalf of himself and others

SPECIFIC BEQUEST OF STOCK:
Whether bank are bound to notice it

SPECIFIC CHATTEL:

Suit for the delivery up of

SPECIFIC PERFORMANCE,

Of agreement relating to the boundaries of two pro-
vinces in America, suit for

SPECIFIC PERFORMANCE-continued.

Suits for, cannot be sustained by infants

Of several distinct contracts, bill for, multifarious
Bills for, must not pray relief against prior incum-
brancer -

page.

94

-

438

442

491

-

ib.

May be decreed at the instance of defendant, upon
plaintiff's offer, without cross-bill
With variation, proved by defendant, not granted to
plaintiff under general relief

-

but defendant may have a decree for the agree-
ment such as he has proved it to be

-

-

-

Where vendor does not entitle himself to a decree for,
he cannot under general prayer have an inquiry
into management of the property
Of marriage articles, decreed on bill to carry settle-
ment into execution
Bill for, may be altered by amendment so as to in-
sist upon an agreement stated in answer, in-
stead of that stated in bill

but not so as to claim the benefit of both agree-

ments

-

STAMPING not necessary to be stated in pleading

492

493

514

STAND OVER, cause allowed to, at the hearing, where
there is a defect of parties

STATUTES:

472

Regulations introduced by, do not alter rule of plead-
ing

Where an instrument is created by, it must be stated
with all the circumstances required

Advancing money to a wife entitled to maintenance, 133
Cannot refer bill for scandal

SUB-CONTRACTS:

INDEX.

page.

Bill against parties claiming under, not multifarious, 442
Persons interested under.

Vide PARTIES.

can only be rectified before service

according to the new orders

-

if in a town cause

indorsement

three defendants may be included in one writ

against infant not baptized

Mistakes in, how taken advantage of

ib.

557

558

ib.

ib.

559

560

ib.

ib.

How sued out and issued

ib.

May be made out by plaintiff's solicitor
Seal for

561

ib.

Præcipe for

560

Vide PRECIPE.

Must not be issued before bill filed

562

except in injunction cases

ib.

If issued before bill filed, defendant may sue for costs,
but certificate of bill being filed not necessary

six-clerks not to ante-date bills

-

Plaintiff issuing subpoena before bill filed, may retain
it on payment of costs

-

Injunction bill in time if on the file on the morning

after the return

ib.

ib.

ib.

ib.

563