See INSOLVENT ESTATE. action not to abate on, 66-7 administration in, 23 claims by assignee, not to be joined with claims in other capacity, 69 proceedings after, order for carrying on, 67 application for, 67 rules of, to apply in certain cases to administration, 23 BARRISTERS, at passing of Act, 15 laws relating to, 16 BENCH WARRANT, for defaulting witness, 129 BILLS OF EXCHANGE, action on, with specially indorsed writ, 39 BOND, action on, with specially indorsed writ, 39 judgment on, where default in appearance, 52 BOOKS, production of, before examiner, 125 arbitrator or umpire, 219 BREACH OF CONTRACT, injunction against repetition of, 151 BREACH OF TRUST, particulars of, pleading, 72 CAMERA, IN, hearing, 117 CANCELLATION OF INSTRUMENTS, actions for, assigned to Judge in Equity, 9 CAPIAS. See BAILABLE PROCEEDINGS. "CAUSE," meaning of, 4 CAUSE OF ACTION, assignment of, 66 change or transmission of, 67 continuing, ascertainment of damages in case of, 119 CAUSE OF ACTION-Continued. joinder of, 68-70. See JOINDER OF CAUSES OF ACTION. CAUSE OR MATTER, See ACTION. abatement of, no, in what cases, 66 continuation of, after assignment, &c., of estate, 66 information as to the state of any, 257 meaning of, 4 transfer of, 10. where no proceeding in for one year, month's notice of intention to proceed CERTIORARI, (0.68), 239-41 order for, 239-40 to be given, 243 returnable before Court of Appeal or Judge in Court, 240 showing cause on return, 241 transfer on return of writ to Court of Appeal, 241, CESTUIS QUE TRUSTS, actions by, 57. See PARTIES. claims by, against trustees, how effected by Statute of Limitations, 21 CHAMBERS (O. 61), 214-17 accountants, etc., power to Judge to employ, 216 adjournment into court from, 216-17 from, into court, 217 administration proceedings, attendances on, 63 appeal from, 217-33-35 application at, to be by summons, 214 costs occasioned by neglect or non-attendance in proceedings in, 215-18 of necessary appearance in, 252 distinct solicitor required by judge for separate parties, in, 216 ex parte applications in, 214 hearing in, on failure of party to attend, 215 further attendance in, where summons not disposed of, 216 originating summons, 215 appearance to, 215 attendance under 215 form of, 214 service of summons, not originating, 215 sittings in, in Saint John, 17 summonses in, form of, ordinary, 216 originating, 214 matters included in single, 216 CHANCERY BUSINESS. See JUDGE IN EQUITY. 9 assignment of, to Judge in Equity, 9 trial of matters assigned to Judge in Equity, 10 CHANGE OF PARTIES (O. 17), 66-8 assignment, creation or devolution of estate pendente lite, on, 66-7. death of plaintiff and defendant, 66-8 sole, 68 defendant, 66–8 after verdict and before judgment, 66 successor made party on, by, 67 devolution, of estate on, 66-7 execution of judgment after death of party, 68 judgment after death, 66 marriage, death, or bankruptcy of party, on, 66-8 judgment after, 68 disability, 68 under disability, 68 effect of, 67-8 against infant, &c., 68 service of, 67 successor made party on, 67 CHARGE, on land, causes relating to raising of, assigned to Judge in Equity, 9 assignment of sittings of judges of trial division, by, 14 member of Court of Appeal, 6 precedence of, 6 title of, 6 vacancy in office of, 263 writs to be tested in name of, 38 CHILDREN, CUSTODY AND ADOPTION OF, 179-84. See INFANTS. CHOSE IN ACTION, assignment of, 22 CIRCUIT CLERKS, 32. See DISTRICT CLERKS. CLAIM, STATEMENT OF, 76-8. See STATEMENT OF CLAIMS. CLASS, representation of, 60, 62 CLERICAL ERRORS, judgments, in, 96 CLERKS OF CIRCUIT COURTS, 32. See DISTRICT CLERKS. CLERK OF PLEAS. See REGISTRAR. assistant and deputy of, construction of existing laws relating to, 16 CO-DEFENDANTS, claim against, 66 contribution between, 66 defeasance with, to be written on the same paper, 93 date of, etc., 94 filing of, or copy, with Registrar of Deeds, 93 leave to enter judgment upon, when to be obtained, 93 abroad, 123 122–8 aged or infirm witness, or witness unable to travel, 122 disobedience of witness to be examined within province, 124 may be in shorthand, 126 not to be opened before trial without order or consent, 127 approved by Court on behalf af absent parties, 58 power of Court to sanction, in absence of some parties, 58 CONCURRENT WRITS (O. 5), 40–1 how fong in force, 41 marking teste of, 40 service out of jurisdiction of, 41 CONDITION PRECEDENT, pleading breach or performance of, 74 CONDUCT OF ACTION, to whom given, 62 CONFESSION, defence, of, 87. See DEFENCE. CONSENT, appeal being heard by two judges, 8 judgment by, 139. See JUDGMENT. person added as party, of, 58 procedure, &c., to, when party under disability, 60 CONSTITUTIONALITY OF ACT, CONTEMPT See ATTACHMENT. court, of, punishable as heretofore, 16 disobedience to order to attend to produce documents, 125 non-attendance of parties and witnesses before referee constituting, 207 CONTRACT, action upon, service out of the jurisdiction in, 45 with specially indorsed writ, 39 construction of, same in law as in equity, 22 denial of, in pleading, how construed, 75 essence of, when stipulations to be considered, 22 execution of, by order of court, 174 implied from letters, how pleaded, 75 injunction against repetition of breach of, 151 stipulations in, to receive same construction as in equity, 22 CONTRIBUTION OR INDEMNITY, 64-6 affidavits, etc., of, on application, to be delivered within 48 hours, 259 application for and delivery of, 259 business books, verified of, on discovery, 102 furnished by opposite party, for case on appeal, 236 written application for and delivery of, 259 |